HomeMy WebLinkAbout1999-01-19 Special Called MeetingMINUTES OF THE SPECIAL CALLED MEETING
OF LA PORTE CITY COUNCEL
JANUARY 19,1999
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke and Mayor
Norman Malone.
Members of Council Absent: Peter Griffiths.
Members of City Executive Staff and City Employees Present: City Manager Robert
T. Herrera, Assistant City Manager John Joerns, Assistant City Manager Jeff
Litchfield, City Attorney Knox Askins, City Secretary Martha Gillett, Director of
Public Works Steve Gillett, Director of Administrative Services Louis Rigby, Assistant
Public Works Director Buddy Jacobs, Police Chief Bobby Powell, Administrative
Assistant Carol Buttler, Fire Chief Joe Sease, Assistant City Secretary Janis Goulder,
and Elaine Bonner.
Others Present: Spero Pomonis, Kay Scott, Bill Scott, Mrs. Tom Rafferty, Barry
Beasley, Chester Pool, Becky Fuller, Colleen Hicks, Gary Wigginton, Doug Mathera
and a number of La Porte Citizens and Area Plant Managers.
2. Father Tom Rafferty delivered the Invocation.
3. Council considered approving the minutes of the Regular Meeting and Public Hearing
on January 11, 1999.
Motion was made by Councilperson Engelken to approve the minutes of the Regular
Meeting and Public Hearing on January 11. 1999 as presented. Second by
Councilperson Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke and Mayor Malone.
Nays: None
Abstain: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL
There were no citizens wishing to address City Council.
5. Council received a presentation from the La Porte Plant Managers' Association
concerning their Risk Management Plan. Gary Wigginton, Dupont and Doug Mathera,
Liondell Chemical provided comments and showed a short video to City Council. In
addition, they brought the following important meeting dates regarding this plan to the
attention of Council:
• 0
City Council Minutes 1-19-99 — Page 2
February 4, 1999 - 6:00 P.M. - Pasadena Convention Center
February 23, 1999 - 6:00 P.M. - Sylvan Beach Pavilion
March 2, 1999 - 6:00 P.M. - Sylvan Beach Pavilion - Open Public Forum
6. & 7. City Attorney recommended items number 6 & 7 be taken and voted on together. In
addition, Mr. Askins provided summary and recommendation on each item.
City Attorney read: ORDINANCE 99-2306 -AN ORDINANCE DECLARING THE
RESULTS OF AN ELECTION HELD IN THE CITY OF LA PORTE ON JANUARY
16, 1999, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION
OF A SECTION 4B SALES AND USE TAX AT THE RATE OF ONE-HALF OF
ONE PERCENT (.5%); AUTHORIZING THE LEVY OF THE APPROVED TAX
EFFECTIVE JULY 1, 1999; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
For 483, Against 276, the Election carried by a margin of 207 votes.
City Attorney read: ORDINANCE 99-2307 - BOND ELECTION
PROPOSITION 1 - THE ISSUANCE OF $1,500,000 CITY HALL ADDITION
BONDS. For 494, Against, 281.
PROPOSITION 2 - THE ISSUANCE OF $750,000 FIRE STATION NO. 4 (SOUTH
LA PORTE AREA) REPLACEMENT BONDS. For 581, Against 191.
PROPOSITION 3 - THE ISSUANCE OF $750,000 FIRE STATION NO. 3 (LOMAX
AREA) REPLACEMENT BONDS. For 559, Against 217.
PROPOSITION 4 - THE ISSUANCE OF $675,000 FIFTH STREET PAVING
BONDS. For 371, Against 400.
PROPOSITION 5 - THE ISSUANCE OF $250,000 SAN JACINTO SWIMMING
POOL REPLACEMENT BONDS. For 508, Against 265.
Motion was made by Councilperson Porter to approve the Ordinances as presented by
COY Attorney,
Second by Councilperson Young. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke and Mayor Malone.
Nays: None
Abstain: None
8. Council considered approving an Ordinance authorizing a contract between the City of
La Porte and Channel Industries Mutual Aid (CIMA).
Fire Chief Joe Sease presented summary and recommendation and answered Council's
questions.
City Council Minutes 1-19-99 - Page 3
City Attorney read: ORDINANCE 99-2308 - AN ORDINANCE APPROVING AND
AUTHORIZING A MEMBER SERVICES AGREEMENT BETWEEN THE CITY OF
LA PORE AND CHANNEL INDUSTRIES MUTUAL AID, AND APPROVING
AMENDMENTS TO THE BYLAWS OF CHANNEL INDUSTRIES MUTUAL AID;
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 Sutherland to approve the Ordinance as presenters
by Chief Sease.
Second by Councilperson Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke and Mayor Malone.
Nays: None
Abstain: None
9. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following items:
A. Chamber Installation Banquet - January 21, 1999.
B. Cancellation of January 25, 1999 Regular Council Meeting.
C. Thanks to City Council for promoting the recent Election
10. COUNCIL ACTION
Councilpersons Sutherland, Engelken, Ebow, Porter, Gay, Young and Clarke brought
items to Council's attention.
11. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH
ATTORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION,
PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES
DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A
WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN
INVESTIGATION)
A. SECTION 551.075 - (PERSONNEL MATTERS) MEET WITH CITY
MANAGER AND CITY ATTORNEY
B. 551.071 (LEGAL MATTER) MEET WITH CITY ATTORNEY TO
DISCUSS PENDING LITIGATION
City Council Minutes 1-19-99 - Page 4
Council retired into executive session at 6:48 p.m. under Section 551.075
(PERSONNEL MATTERS) and Section 551.071 (LEGAL MATTER).
Council returned to the table at 8:23 p.m., with no action taken.
12. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
There was no action taken on Executive Session items.
13. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 8:25 P.M.
Respectfully submitted,
Martha A. Gillett
City Secretary
Passed and approved on this 1st day of February, 1999.
rman L. Malone, Mayor
CITY OF LA PORTE
January 8, 1999
TO: Martha Gillett, City Secretary
FROM: Robert��euera, City Manager
SUBJECT: January 19, 1999 Special Called City Council Meeting
Please place on the agenda for the January 19, 1999, Special Called City Council Meeting
the following item:
■ Receive presentation from the LaPorte Plant Managers' Association concerning
their Risk Management Plan.
The presentation consists of a 13-minute film and closing comments. Mr. Doug Mathera
from ARCO and Mr. Gary Wigginton from DuPont will be making the presentation.
I have enclosed pamphlets, which need to be part of that agenda item along with this
memorandum.
RTH: cjb
Enclosures (21)
•
•
LOCAL EMERGENCY PLANNING COMMITTEE
LEPC,
wO R ...safety in knowledge
4
December 31, 1998
City Manager Bob Herrera
P.O. Box 1115
La Porte,TX 77572
Re: RMP (Risk Management Plan) Rollout
Dear Mr. Herrera,
La Porte, Morgan's Point and Shoreacres
P.O. Box 1475
La Porte, TX 77572-1475
(281) 471-3811 Ext. 721
The Risk Management Plan is a rule that the Environmental Protection Agency passed that
requires any industry with a specified quantity of certain chemicals to share the information of
their worst case scenario with the citizens that the scenario would effect.
The EHCMA-wide RMP Kickoff Event will begin the sharing of Worst -Case Scenarios with the
Media, Government Officials, CACs, LEPCs and Interested Citizens. This event will be at the
Pasadena Convention Center February 4, 1999.
The La Porte, Morgan's Point, and Shoreacres Rollout will be presented in two events. The first
rollout will be February 23 and the second rollout March 2, both at Sylvan Beach Pavilion.
The first event will be a dinner for 300 chosen citizens of the three cities. We chose these
people because they are "people who talk to people". The second event will be an open house
with industrial booths with personnel to explain the scenarios.
There is a training presentation that I believe would be beneficial to all the Cities key personnel,
such as Mayors, Council Persons, City Managers, and their Staff. I can set up this training if
you wish.
The LEPC is going to join the industries with a booth. We will have a handout flyer advising the
citizens the planning that has been set in motion to handle an incident should one happen.
Do you think it would be a benefit to the City of La Porte to have a flyer also? If so we could
hand them out at the LEPC Booth.
The Cities need to be prepared to answer questions from citizens such as:
The Cities need to be prepared to answer questions from citizens such as:
• How does the City plan to protect us in case of an incident or in case of a worst -case
scenario?
• How will this information effect the value of my property?
• Is the School District prepared for an incident?
• Will our children be safe if they are in school and there is an incident?
• How will we know if there is an incident?
These are just some of the questions that may be asked, and who knows what other concerns
they may have.
I have enclosed some information that may be of interest.
Sincerely,
Elaine Bonner
LEPC Chairperson
r:
0
EHCMA-wide PM Outreach
• February 4, 1999 from 7 pm until 9 pm
• Pasadena Convention Center
• inform media (2 pm until 3 pm)
• model dialogue with invited guests: federal,
state, and local officials having interests which
cross outreach boundaries
• CIMA, CEC, HRM, PSM displays
• outreach area and plant representatives
I
EHCMA-wide RMP Outreach
• February 4 Agenda
• greeters distribute Part 1
• opening remarks - Gary Wigginton
• panel discussion - perspectives on RMP -
citizen, LEPC member, plant operator, plant
manager, etc J
• closing remarks - Gary Wigginton j
• visit with outreach area and plant specific i
representatives to obtain Parts 2 and 3 i
La Porte RMP Outreach
• February 23, 1999 from 6 pm until 9 pm
• Sylvan Beach Pavilion
• dinner meeting for community leaders
• provide RMP overview through EHCMA video
and brief remarks
• for specific information guests directed to
— La Porte area plant booths
— Port Road plant booths
0 •
La Porte FNIP Outreach
• February 23,1999 Agenda
• greeters distribute Parts 1 and 2
• welcome - Joe Monk
• opening remarks - Mayor Norman Malone
• emergency preparedness - City Manager Robert
Herrera
• EHCMA video introduced - Doug Mathera
• visit with plant representatives from La Porte
area and Port Road plants for Part 3
i
i
La Porte RMP Outreach
i
• March 2, 1999 from 5 pm until 8 pm
• Sylvan Beach Pavilion
• open house format for community members
• provide RMP overview through EHCMA video
• specific information at plant booths
• incentives through LPISD
• advertisements through Bayshore Sun
La Porte RMP Outreach
• March 2,1999 Agenda
• greeters distribute Parts 1 and 2
• guests directed to
- EHCMA video
- PSM booth
- La Porte area plant booths for Part 3
- Port Road plant booths for Part 3
- refreshment tables
2
•
17J
•
La Porte PM Outreach
• February 23,1999 Agenda
• greeters distribute Parts 1 and 2
• welcome -Joe Monk
• opening remarks - Mayor Norman Malone
• emergency preparedness - City Manager Robert
Herrera
• EHCMA video introduced - Doug Mathera
• visit with plant representatives from La Porte
area and Port Road plants for Part 3
----- -- -
La Porte RMP Outreach
• March 2, 1999 from S pm until pm
•Sylvan Beach Pavilion
• open house format for community members
• provide RMP overview through EHCMA video
• specific information at plant booths
• incentives through LPISD
• advertisements through Bayshore Sun
i
i
I
La Porte RMP Outreach
• March 2,1999 Agenda
• greeters distribute Parts I and 2
• guests directed to
- EHCMA video
- PSM tooth
- La Poste area plant booths for Part 3
- Port !load plant booths for Part 3
- refreshment tables
2
LA PORTE OUTREACH GROUP
The La Porte Outreach Area Work Group comprises 26 EHCMA companies and community
representatives, representing the companies located within the geographical boundaries of the La Porte
Local Emergency Planning Committee. Joe Monk Fina plant manager, serves as the chairperson, Todd
Karasek of Solvay Polymers is the communications representative, and Malcom Payne of DuPont is the
technical representative. Representatives from each of the outreach companies also serve within the group.
The group is structured into three subcommittees to plan the La Porte rollout, scheduled for Feb. 23, 1999,
at the Sylvan Beach Pavilion. The Pre -event subcommittee (Maria Scott, Fina, chair) is responsible for
planning all activities prior to the rollout, the Program subcommittee (Todd Karasek, Solvay Polymers,
chair) is planning the actual event itself, and the Display and Booth subcommittee (Mark Slezak, Oay
Chem, chair) is responsible for all logistics.
Pre -event activities include:
Collection of plant information necessary for the rollout events and communication of RMP information
to various community groups to enhance public understanding. Future communication activities include
informing the public of RMP through various media such as newspapers, imitations to the events, and
community discussions prior to the events.
Rollout event activities include:
Two events: The Feb. 23 event is by invitation to about 300 community thought leaders. The second event,
also to be held at the Sylvan Beach Pavilion, is set for March 2, 1999, and is open to the general public.
Both events will involve a brief series of formal presentations by industry and community representatives,
followed by a general question and answer session in a panel format. Each La Porte outreach company
will have an individual display booth, which citizens can visit to get plant -specific RMP information after
the formal presentations are complete.
Post -event activities include:
An evaluation by a post -event survey, and RMP presentations to interested groups.
(The next La Porte RMP Outreach Group meeting is at 9 a.m., Dec. 14, at Solvay Polymers on
Battleground Road.)
PREVENTION &
A THREE-PART INFORMATION KIT
I i
1
I
EPAREDNESS
' I Part 2 - Community Information I Part 3 - Plani/Chemical Information
Do you know what to do if a chemical emergency happens This guide will
in your community? answer questions i
Are you aware of what industry and local officials are basic infoormalike thesandrma share d
tion
m doing to prevent chemical accidents and keep you safe9 about chemical risk
=� Do you know that man industry managers meet monthly management,
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with local citizens to learn more about community accident prevention
concerns and work together to address them? and emergency
preparedness.
Do you know where you can get more information about ;.
these issues . =s
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enSADENA BLVD.
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What's Inside -
FAiRMONT PARKWAY
What
What Is Risk Management . 'Z
Overview of the Risk Management Program (RMP) Rule . 2 R
How to Read a Scenario Ma . 3 �� r
Industry / Officials / Citizens Working Together . . . . . . . . 3
Layers of Protection . . . . . . . . . . . . . . . . . . . . . 4
Coordinated Emergency Response . . . . . . . . . . . . . . 5 #
Area Map / List of EHCMA Member Plants . . . . . . . . . 6 k
Outreach Area Information . . . . . . . . . . . . . . 9 ' } EHCMA is a '
EAST HARRIS COUNTY 70 � Responsible
Emergency Information . . . . . . . . . . . . . . . . . . . Io '" r Care® ;U
MANUFACTURERS. ASSOCIATION a_ Partner"-"'
® Association
V N.
What is Chemical Risk
Management?
Risk management is something we all practice daily.
We go to work on less traveled routes to avoid accidents,
wear seat belts to prevent injury, and use sunscreen to avoid
sunburn. Chemical risks in the workplace are managed in
much the same way. Operations are constantly checked,
equipment is regularly tested, and employees are rigorously
trained. Chemical risk management includes these safety
steps:
• Eliminate or reduce identified hazards
• Prevent incidents
• Prepare the public for possible incidents
• Minimize or contain incidents
• Respond promptly to emergencies
V
Risk Management Program:
A New EPA Regulation
Companies that handle toxic and flammable chemicals
are required to follow many existing federal, state, and local
laws and regulations to make sure that the risks posed by
these materials are managed safely. The U.S.
Environmental Protection Agency (EPA) has issued a new
regulation that requires many of these companies to develop
a risk management program (RMP), summarize it in a plan,
and make the information in that plan available to the
public. This information should encourage community
dialogue about how to prevent chemical accidents and
reduce risk. The regulation applies to a list of 77 toxic and
63 flammable chemicals. If a facility has more than a
specific amount of any one of these chemicals in a process,
it must follow the RMP requirements for that chemical.
RMP Rule Components
■ Hazard Assessment
• Worst -Case Scenario
• Alternative Release Scenarios
• Five -Year Accident History
■ Accident Prevention Program
■ Emergency Response Program
■ Risk Management Plan
■ Risk Management Plan (RMP) - A risk
management plan summarizes the overall risk
management program. Must be submitted to EPA by
June 21, 1999, and will be available to state and local
emergency planning officials and the public.
■ Hazard Assessment - Requires facilities to analyze
both worst -case scenarios and alternative release
scenarios (see scenario map section on page 3). Also
requires companies to compile a 5-year accident history.
• Worst -Case Scenario - Defined by EPA as
the largest vessel at a facility releasing its total contents
in 10 minutes assuming all active safety systems fail
and low wind speed exists. An unlikely scenario
primarily intended by EPA to encourage community
dialogue.
• Alternative Release Scenarios - Events that
are "more likely" than the worst -case scenario in which
safety systems work correctly. Offsite effects can still
occur. To be used for emergency planning.
• Five -Year Accident History - Provides the
public with information on actual accidents involving
RMP-listed chemicals that created safety or
environmental impacts or required official sheltering -
in -place or evacuations.
■ Accident Prevention Program - How the site
prevents and detects accidental releases using a "layers
of protection" approach. Very similar to the
Occupational Safety & Health Administration (OSHA)
Process Safety Management (PSM) standard.
■ Emergency Response Program - Ensures that
the site is prepared to respond in the event of an
emergency. Requires that facilities have a plan to
address public notification, emergency medical
treatment, and procedures for emergency response. The
facility must coordinate its plan with the community
and respond promptly to requests from local officials
for additional information.
2
How to Read a Scenario Map
Part 3 of the Community Guide includes maps to show the EPA -defined
worst -case or alternative release scenario. .0o.
Footprint or plume - Calculations
of an area that could be affected by
an accidental release. Toxic releases
generally go in the direction of the
wind and may go many miles over
several hours. The greater the
distance from the release, the more
time there is to take protective action.
Those outside the plume are not
expected to be affected seriously.
The effects of flammable releases
are limited to areas much closer to
the release point and could affect the
"full circle" but are over very quickly.
Those outside the circle are not
expected to be affected seriously.
Endpoint distance - The distance to the point at
which chemical concentrations or fire/explosion
energy levels are low enough that effects on the
community are no longer expected.
` Endpoint distance
Footprint
or plume /
i
Release point
OOOA
Wind direction
Endpoint - The level of severity of a toxic
or flammable release below which no harm
should come to the community. For
toxics, the endpoint is the chemical
concentration in the air to which a person
can be exposed for up to an hour without
serious health effects. For flammables,
the endpoint is a fire or explosion that
could begin to damage buildings or hurt
people.
`�• Scenario circle Scenario circle - A circle extending from the
�.` / release point to the endpoint distance. Used
�•� by local officials for emergency planning.
Industry Working Together
Through EHCMA
EHCMA — the East Harris County Manufacturers
Association — is made up of more than 110 chemical
manufacturers, refineries and related plants in the Houston
Ship Channel/Galveston Bay area. EHCMA is the largest
plant network of its type in the world.
In preparation for EPA's RMP rule, EHCMA initiated
an RMP project in the fall of 1994. The purpose of the
project is to facilitate a consistent, coordinated, consensus -
based approach to both regulatory compliance and
communication with the community. A project team of
nearly 100 volunteers is composed of industry and
community representatives who serve on technical and/or
communications committees. In addition, planning teams
have been formed in the seven EHCMA outreach areas to
coordinate plans and make arrangements for local RMP
communication events and activities.
See Part 3, provided by each EHCMA plane; for
specific plant and chemical information.
Local Emergency Officials
Each of the EHCMA outreach area communities is
served by a Local Emergency Planning Committee (LEPC).
The LEPCs assist in developing and coordinating a
community emergency response plan and collecting
information about chemical hazards in support of the
community's right -to -know. LEPCs are comprised of
representatives from local government, law enforcement,
emergency medical and fire services, hospitals, schools,
civic and environmental groups, industry, and the media.
Citizen Involvement
From the start, active citizen involvement has been an
important feature of the EHCMA RMP project. Dozens of
community members from throughout the EHCMA area
have participated on project committees and have provided
valuable input into all aspects of the project. Many of these
citizens also participate on citizens advisory councils or
panels in EHCMA-area communities. These CACs or
CAPs consist of citizens with diverse backgrounds and
views who meet regularly with plant managers to discuss
community issues, provide feedback, improve
communication and understanding, and bring about changes
in response to community concerns.
3
Industry PREVENTS Accidents by
E
ilityexpansion
modification
i
• Design/construction standards
• Back-up control systems
• Initial hazard review
• Multiple layers of safety systems
• Automatic isolation valves
WORKERSTRAINING
• Employeelcontractor training programs
• Certification and competency testing
SAFELY STARTING -UP AND
RESTARTING PLANTS
• Pre -startup safety reviews on new and
modified equipment
• Fitness for duty - alcohol and
substance abuse policies
• Detailed operating procedures
• Safe process operating limits
• Systems to manage change
• Periodic updates of hazard reviews
• Investigation of incidents and near misses
• Periodic safety audit / follow-up programs
• Independent audits
Industry prevents
accidents at each stage
of a plant's life cycle
from the up -front
design and
construction stage
through start-up,
operation, and
maintenance, to any
expansion or
modification. Through
"layers of protection,"
plants use multiple
safeguards to promote
accident prevention.
Z
• National inspection standards
• Preventive maintenance systems
• Safe work permits
• Contractor safety program
ONGOING
• Periodic refresher training
• Drills on process emergency procedures
4
Industry and local officials are PREPARED to take the following
actions to protect the public if an incident occurs
Industry ...
Plants have systems in place to detect -
process upsets and accidental releases,
such as gas detection devices and video
monitors. These devices quickly signal
the plant control room of an emergency
and allow for a rapid response to an
incident. Plant operators also check for
potential problems.
Local emergency officials .. .
As soon as officials are notified of an
emergency, they determine whether and
how to notify the public to take
protective action. Notification systems
vary from community to community and
range from outdoor warning sirens to
the KTRH Radio 740 AM emergency
broadcast station.
In an emergency, the plant response plan
immediately goes into effect. The
incident command system is established
and the plant emergency response team is
mobilized. The team is properly trained
and uses well -maintained equipment. The
Channel Industries Mutual Aid (CIMA)
network and community emergency
responders are also available to help.
After further assessing the emergency,
public officials determine whether an
incident warrants protective action, such
as shelter -in -place or evacuation. If
protective action is called for, officials
give detailed instructions on what to do
through the emergency notification
system available in that community.
Industry and local officials ...
Working together, industry and local
officials can help a community recover
from a chemical emergency. Following
an emergency, a community's needs
might range from repair of property
damage to counseling services.
While the emergency response team is
taking action, the plant is notifying public
officials of the emergency. The plant also
provides information to the CAER Line
in a timely manner (the goal is to post
information on the CAER Line within 15
minutes of an event). Some plants have
additional ways to notify neighbors.
After any danger has passed, local
officials let the public know that the
incident is over through the
community's emergency notification
system or KTRH Radio 740 AM (the
Houston Area emergency broadcast
station).
Through post -incident investigations
and informal briefings and discussions,
industry and local officials can learn
much from an incident. These lessons
can go a long way toward preventing
similar incidents in the future and
improving emergency response systems.
Air Liquide
Baytank
Calgon
Celanese
Celanese Bayport
Terminal
Celanese Polymers
Chemical Research &
Licensing
Dianal America
Dixie Chemical
DuPont Bayport
Engelhard
Eisai
Fina Bayport
Haldor Topsoe
Huntsman
Lonza
Lyondell Chemical
Nisseki Chemical
PetroUnited Terminals
Velsicol
Baytown
Advanced Aromatics
Amoco -Cedar Bayou
Bayer -Baytown
Chevron Chemical
El Dorado Nitrogen
Engineered Carbons
Enichem Elastomers
Exxon:
Chemical Plant
Olefins Plant
Refinery
Houston Lighting &
Power
Natural Gas Odorizing
Rhodia
Texas Petrochemicals
Delta Chemical
Services
Geon
Global Octanes
GNI Group
Hampshire Chemical
Intercontinental
Terminals
Lubrizol
OxyChem
Paktank
Praxair
Rohm & Haas
Lone Star
Rohm & Haas Texas
RohMax
Safety-Kleen
Shell Chemical
Shell Deer Park
Refining
Goodyear
LYONDELL-CITGO
Mobil Chemical
Rhodia
Texas Brine
Texas Petrochemicals
Valero Refining
Air Liquide
Air Products
Akzo Nobel
Battleground
Akzo Nobel Bayport
Aristech
BASF
Baker-Petrolite
Dow Chemical
DuPont
Enron Clean Fuels
Equistar Chemicals
Fina Oil
FMC
Geon
Goodyear
Lubrizol -Bayport
Lyondell Chemical
Millennium
Petrochemicals
Montell USA
Noltex
OxyChem
PPG Industries
Praxair
Rohm & Haas Bayport
Solvay Polymers/
Interox
Southern Ionics
Zeon
C-1
Outreach Area Information (as of 11120198)
.
.. .
'AAS
Bay Area LEPC
Bay Area Community Advisory Panel
11:30 a.m., 4th Mon. (Jan, Apr, Jul, Oct)
Seashore Community Advisory Panel
Taylor Lake Village City Hall
Facilitator: Peter Bowman
500 Kirby Road
281-283-3125
Taylor Lake Village
bowmanp@cl.uh.edu
281-326-2843
Baytown LEPC
Baytown Community Advisory Panel
3:00 p.m., 3rd Tuesday
Facilitator: Mary Jane Naquin
City Hall Annex Building.
713-993-93 l7
Baytown
220 W. Defee St.
m.j.naquin@systems.org
Baytown
281-420-6558
hbrister@earthlink.net
Deer Park LEPC
Deer Park Community Advisory Council
11:00 a.m. - 1:00 p.m., 4th Tuesday
Facilitator: Diane Sheridan
Deer Park City Hall
710 E. San
281-326-5253
Augustine
dbsheridan@aol.com
9
281-478-7247
Houston LEPC
Houston Community Advisory Panel
9:30 - 11:00 a.m., last We&(alt. months)
CoastaVrexas Brine Community Advisory Panel
Houston Metro Multi -service Center
Facilitator: Mary Jane Naquin
`Q
1475 W. Gray
713-993-9317
713-865-4178
mj.naquin@systems.org
La Porte, Morgan's Point, Shoreacres LEPC
Citizen's Advisory Council to La Porte Industry
11:00 a.m., 2nd Thursday '
Facilitator: Diane Sheridan
Lou Lawler Seafarer's Center
281-326-5253
Barbour's Cut Blvd.
dbsheridan@aol.com
281-471-3810, ext 721 - E. Bonner
bonnere@ci.la-porte.tx.us .
North Channel LEPC
Haden Road Community Advisory Panel
11:30 a.m., 1st Monday
Facilitator: Mary Jane Naquin 713-993-9317
Columbia East Medical, 131 It I-10 East
m.j.naquin@systems.org
713-455-5372
_
Galena Park LEPC
Community Advisory Panel to Lyondell & Equistar
Last Tuesday
Facilitator: Diane Sheridan 281-326-5253
(various locations)
dbsheridan@aol.com
713-330-1205
Pasadena LEPC
Pasadena Citizens' Advisory Council
Last Tuesday
Facilitator: Diane Sheridan
t:U
City Hall
281-326-5253
!.,'Pasadena 't '
1211 E. Southmore
dbsheridan@aol.com
713-475-5588
Baker Petrolite
Coastal Products
Donohue Industries
DXI Industries, Inc.
Elf Atochem-Crosby
Elf Atochem-Houston
Equistar Chemicals
GB Biosciences
Georgia-Pacific Resins
Haltermann
Lyondell Chemical
Merisol
Reichhold Chemicals
Sartomer
Specified Fuels &
Chemicals
AES Deepwater
Agrifos
Air Products -Pasadena
Albemarle
Amoco Chemical
Aristech -Pasadena
Crown Central
Petroleum
Enron Methanol
Equistar Chemicals
Ethyl
GATX
Georgia Gulf
Houston Lighting &
Power
Kaneka Texas
LYONDELL-CITGO
MEMC Pasadena
OxyChem PVC
Petrolite
Phillips Chemical
Simpson Pasadena
Paper
Zeneca
Zeneca AG Products
NORTH CHAr\
PASADE
12
GALVES
What to do if you are notified about
a chemical emergency
■ stay calm
■ go inside
■ turn on the radio or TV for more information
(KTRH Radio AM 740 is the emergency
broadcast station for the Houston area)
■ follow official directions (i.e. shelter -in -place
or evacuate)
■ keep phone calls to a minimum — if too many
people use the phones, the system could jam or
fail
How to shelter -in -place
0
■ go inside immediately
■ shut all doors and windows
Shelter -
In -Place
safety
Tips
■ turn off AC/heating to stop outside air
from getting inside
'
WaPP� Wise
■ turn on the radio and listen for instructions
■ stay off the phone
What NOT to do if you are notified
■ do not go to your child's school — the school's
staff is trained and prepared to care for your .
children
■ do not go to the scene of the accident
COMMUNITY AWARENESS & EMERGENCY RESPONSE
CAER LID
e-
Call
Q What's the purpose of the CAER Line?
A To provide area residents with prompt
information on events of concern to the
community at EHCMA member facilities; eg.
flares, smoke, noises.
Q When will plants and/or officials put
messages on the CAER Line?
A When an event may effect the public or has the
potential to generate public concern.
Q What kinds of messages are put on the
CAER Line?
A Emergency messages: fire, explosion, major
chemical release with offsite impact. The CAER
Line is not intended to be the primary source of
information on emergencies.
Non -emergency messages: flaring, odor, noise,
drills, fire training.
Q How quickly should you expect to hear
messages on the CAER Line?
A Companies and/or officials try to place messages
within 15 minutes of an event at a facility that
may effect a community.
Nors H C M Aw'h'loh
bCare
EAST HARRIS COUNTY. MANUFACTURERS ASSOCIATION
People • Products • Safety • Support
enformation about notificationManagement 0 ultreach Project
r community . There is a Part Z ;
y k r ;� ; This brochure is printed For more RMP information,
seven EHCMA outreach a "yeas
on recycled paper. call281-88¢3024
10
a
Outreach Area Information (as of 11120198)
Outreach Area
Local Emergencyg Committee
Citizens Advisory Council
Bay Area LEPC
Bay Area Community Advisory Panel
11:30 a.m., 4th Mon. (Jan, Apr, Jul, Oct)
Seashore Community Advisory Panel
Bay Area
Taylor Lake Village City Hall
Facilitator: Peter Bowman
500 Kirby Road
281-283-3125
Taylor Lake Village
bowmanp@cl.uh.edu
281-326-2843
Baytown LEPC
Baytown Community Advisory Panel
3:00 p.m., 3rd Tuesday
Facilitator: Mary Jane Naquin
City Hall Annex Building
713-993-9317
Baytown
220 W. Defee St.
m.j.naquin@systems.org
Baytown
28.1-420-6558
hbrister@earth]ink.net
Deer Park LEPC
Deer Park Community Advisory Council
11:00 a.m. - 1:00 p.m., 4th Tuesday
Facilitator: Diane Sheridan
Deer Park
Deer Park City Hall
281-326-5253
710 E. San Augustine
dbsheridan@aol.com
281-478-7247
Houston LEPC
Houston Community Advisory Panel
9:30 - 11:00 a.m., last Wed. (alt. months)
Coastal/Texas Brine Community Advisory Panel
Houston
Houston Metro Multi -service Center
Facilitator: Mazy Jane Naquin
1475 W. Gray
713-993-9317
713-865-4178
m.j.naquin@systems.org
La Porte, Morgan's Point, Shoreacres LEPC
Citizen's Advisory Council to La Porte Industry
11:00 a.m., 2nd Thursday
Facilitator: Diane Sheridan
Lou Lawler Seafarer's Center
281-326-5253
==• .::r- _
Barbour's Cut Blvd.
dbsheridan@aol.com
Yam; • 'vw
281-471-3810, ext 721 - E. Bonner
:�;;�• ::k�;��
bonnere@ci.la-porte.tx.us
North Channel LEPC
Haden Road Community Advisory Panel
_ - L.
11:30 a.m., 1st Monday
Y
Facilitator: M Jane Na uin 713-9 3-
ary 9 9317
q
-
_ _ .-•. :::::.:..:.:..
Columbia East Medical, 13111 1-10 East
m.j.naquin@systems.org
=
713-455-5372
--------------
---------------
• - =_
Galena Park LEPC
Community Advisory Panel to Lyondell & Equistar
Last Tuesday
Facilitator: Diane Sheridan 281-326-5253
(various locations)
dbsheridan@aol.com
713-330-1205
Pasadena LEPC
Pasadena Citizens' Advisory Council
Last Tuesday
Facilitator: Diane Sheridan
City Hall
281-326-5253
Pasadena
1211 E. Southmore
dbsheridan@aol.com
713-475-5588
What to do if you are notified about
a chemical emergency
■ stay calm
■ go inside
■ turn on the radio or TV for more information
(KTRH Radio AM 740 is the emergency
broadcast station for the Houston area)
■ follow official directions (i.e. shelter -in -place
or evacuate)
IN keep phone calls to a minimum — if too many
people use the phones, the system could jam or
fail
How to shelter -in -place
o
■ go inside immediately
Sheker- le -place l
■ shut all doors and windows Se
Tipfe:h
■ turn off AC/heating to stop outside air
from getting inside
WGff y lAhse
■ turn on the radio and listen for instructions
■ stay off the phone
What NOT to do if you are notified
■ do not go to your child's school — the school's
staff is trained and prepared to care for your
children
■ do not go to the scene of the accident
See Part 2 for information about notification
systems in your community. There is a Part 2
for each of the seven EHCMA outreach areas.
0
10
COMMUNITY AWARENESS & EMERGENCY RESPONSE
C.,U_R L* ne.
'Call 281-476-CAER (2237)
Q What's the purpose of the CAER Line?
A To provide area residents with prompt
information on events of concern to the
community at EHCMA member facilities; eg.
flares, smoke, noises.
Q When will plants and/or officials put
messages on the CAER Line?
A When an event may effect the public or has the
potential to generate public concern.
Q What kinds of messages are put on the
CAER Line?
A Emergency messages: fire, explosion, major
chemical release with offsite impact. The CAER
Line is not intended to be the primary source of
information on emergencies.
Non -emergency messages: flaring, odor, noise,
drills, fire training.
Q How quickly should you expect to hear
messages on the CAER Line?
A Companies and/or officials try to place messages
within 15 minutes of an event at a facility that
may effect a community.
EHCMXw','1o'c'aPe
ors
F_
EAST HARRIS COUNTY MANUFACTURERS ASSOCIATION
People • Products • Safety • Su ort
PP
,EHCMA Risk Management Outreach
®This brochure is printed For more RMP information,
on recycled paper. call 281-884-3024.
A THREE-PART
PREVENTION & PREPAREDNESS
Part 2 -Community Information IL Part 3 - Plant/Chemical Information
Do you know what to do if a chemical emergency happens
in your community?
Are you aware of what industry and local officials are
doing to prevent chemical accidents and keep you safe?
Do you know that many industry managers meet monthly
with local citizens to learn more about community
concerns and work together to address them?
Do you know where you can get more information about
these issues?
What'
s Inside?
What Is Risk Management . . . . . . . . . . . . . . . . . . 2
Overview of the Risk Management Program (RMP) Rule . . . 2
How to Read a Scenario Map . . . . . . . . . . . . . . . . 3
Industry / Officials / Citizens Working Together . . . . . . . . 3
Layers of Protection . . . . . . . . . . . . . . . . . . . . . 4
Coordinated Emergency Response . . . . . . . . . . . . . . 5
Area Map / List of EHCMA Member Plants . . . . . . . . . 6
Outreach Area Information . . . . . . . . . . . . . . . . . . 9
Emergency Information . . . . . . . . . . . . . . . . . . . 10
=7
This guide will
answer questions
like these and share
basic information
about chemical risk
management,
accident prevention
and emergency
preparedness.
EHCMA is a
EAST HARRIS COUNTY We
Resonsible
Carel
MANUFACTURERS ASSOCIATIONPartner
Association
0
What is Chemical Risk
Management?
Risk management is something we all practice daily.
We go to work on less traveled routes to avoid accidents,
wear seat belts to prevent injury, and use sunscreen to avoid
sunburn. Chemical risks in the workplace are managed in
much the same way. Operations are constantly checked,
equipment is regularly tested, and employees are rigorously
trained. Chemical risk management includes these safety
steps:
• Eliminate or reduce identified hazards
• Prevent incidents
• Prepare the public for possible incidents
• Minimize or contain incidents
• Respond promptly to emergencies
•
l�A Management Program
A New EPtAIL Regulation
Companies that handle toxic and flammable chemicals
are required to follow many existing federal, state, and local
laws and regulations to make sure that the risks posed by
these materials are managed safely. The U.S.
Environmental Protection Agency (EPA) has issued a new
regulation that requires many of these companies to develop
a risk management program (RMP), summarize it in a plan,
and make the information in that plan available to the
public. This information should encourage community
dialogue about how to prevent chemical accidents and
reduce risk. The regulation applies to a list of 77 toxic and
63 flammable chemicals. If a facility has more than a
specific amount of any one of these chemicals in a process,
it must follow the RMP requirements for that chemical.
RMP Rule Components
■ Hazard Assessment
• Worst -Case Scenario
• Alternative Release Scenarios
• Five -Year Accident History
■ Accident Prevention Program
■ Emergency Response Program
■ Risk Management Plan
2
■ Risk Management Plan (RMP) - A risk
management plan summarizes the overall risk
management program. Must be submitted to EPA by
June 21, 1999, and will be available to state and local
emergency planning officials and the public.
■ Hazard Assessment -Requires facilities to analyze
both worst -case scenarios and alternative release
scenarios (see scenario map section on page 3). Also
requires companies to compile a 5-year accident history.
• Worst -Case Scenario - Defined by EPA as
the largest vessel at a facility releasing its total contents
in 10 minutes assuming all active safety systems fail
and low wind speed exists. An unlikely scenario
primarily intended by EPA to encourage community
dialogue.
• Alternative Release Scenarios - Events that
are "more likely" than the worst -case scenario in which
safety systems work correctly. Offsite effects can still
occur. To be used for emergency planning.
• Five -Year Accident History - Provides the
public with information on actual accidents involving
RMP-listed chemicals that created safety or
environmental impacts or required official sheltering -
in -place or evacuations.
■ Accident Prevention Program - How the site
prevents and detects accidental releases using a "layers
of protection" approach. Very similar to the '
Occupational Safety & Health Administration (OSHA)
Process Safety Management (PSM) standard.
■ Emergency Response Program - Ensures that
the site is prepared to respond in the event of an
emergency. Requires that facilities have a plan to
address public notification, emergency medical
treatment, and procedures for emergency response. The
facility must coordinate its plan with the community
and respond promptly to requests from local officials
for additional information.
North Channel I Pasadena
Baker Petrolite
Coastal Products
Donohue Industries
DXI Industries, Inc.
Elf Atochem-Crosby
Elf Atochem-Houston
Equistar Chemicals
GB Biosciences
Georgia-Pacific Resins
Haltermann
Lyondell Chemical
Merisol
Reichhold Chemicals
Sartomer
Specified Fuels &
Chemicals
AES Deepwater
Agrifos
Air Products -Pasadena
Albemarle
Amoco Chemical
Aristech -Pasadena
Crown Central
Petroleum
Enron Methanol
Equistar Chemicals
Ethyl
GATX
Georgia Gulf
Houston Lighting &
Power
Kaneka Texas
LYONDELL-CITGO
MEMC Pasadena
OxyChem PVC
Petrolite
Phillips Chemical
Simpson Pasadena
Paper
Zeneca
Zeneca AG Products
Bay Area
Air Liquide
Baytank
Calgon
Celanese
Celanese Bayport
Terminal
Celanese Polymers
Chemical Research &
Licensing
Dianal America
Dixie Chemical
DuPont Bayport
Engelhard
Eisai
Fina Bayport
Haldor Topsoe
Huntsman
Lonza
Lyondell Chemical
Nisseki Chemical
PetroUnited Terminals
Velsicol
Baytown
Advanced Aromatics
Amoco -Cedar Bayou
Bayer -Baytown
Chevron Chemical
El Dorado Nitrogen
Engineered Carbons
Enichem Elastomers
Exxon:
Chemical Plant
Olefins Plant
Refinery
Houston Lighting &
Power
Natural Gas Odorizing
Rhodia
Texas Petrochemicals
Deer Park
Delta Chemical
Services
Geon
Global Octanes
GNI Group
Hampshire Chemical
Intercontinental
Terminals
Lubrizol
OxyChem
Paktank
Praxair
Rohm & Haas
Lone Star
Rohm & Haas Texas
RohMax
Safety-Kleen
Shell Chemical
Shell Deer Park
Refining
Houston
Goodyear
LYONDELL-CITGO
Mobil Chemical
Rhodia
Texas Brine
Texas Petrochemicals
Valero Refining
Air Liquide
Air Products
Akzo Nobel
Battleground
Akzo Nobel Bayport
Aristech
BASF
Baker-Petrolite
Dow Chemical
DuPont
Enron Clean Fuels
Equistar Chemicals
Fina Oil
FMC
Geon
Goodyear
Lubrizol -Bayport
Lyondell Chemical
Millennium
Petrochemicals
Montell USA
Noltex
OxyChem
PPG Industries
Praxair
Rohm & Haas Bayport
Solvay Polymers/
Interox
Southern Ionics
Zeon
How to Read a Scenario Map
Part 3 of the Community Guide includes maps to show the EPA -defined
worst -case or alternative release scenario.
I
Footprint or plume - Calculations
of an area that could be affected by
an accidental release. Toxic releases
generally go in the direction of the
wind and may go many miles over
several hours. The greater the
distance from the release, the more
time there is to take protective action.
Those outside the plume are not
expected to be affected seriously.
The effects of,llammable releases
are limited to areas much closer to
the release point and could affect the
"full circle" but are over very quickly.
Those outside the circle are not
expected to be affected seriously.
Endpoint distance - The distance to the point at
which chemical concentrations or fire/explosion
energy levels are low enough that effects on the
community are no longer expected.
���^N
Foot f int
or plume /
//
Release point
Wind direction
Endpoint distance
Endpoint - The level of severity of a toxic
or flammable release below which no harm
should come to the community. For
toxics, the endpoint is the chemical
concentration in the air to which a person
can be exposed for up to an hour without
serious health effects. For flammables,
the endpoint is a fire or explosion that
could begin to damage buildings or hurt
people.
Scenario circle . Scenario circle - A circle extending from the
♦,` 0 / release point to the endpoint distance. Used
.� "00 by local officials for emergency planning.
j Industry Working Together
Through EHCMA
i
EHCMA — the East Harris County Manufacturers
Association — is made up of more than 110 chemical
manufacturers, refineries and related plants in the Houston
Ship Channel/Galveston Bay area. EHCMA is the largest
i plant network of its type in the world.
In preparation for EPA's RMP rule, EHCMA initiated
an RMP project in the fall of 1994. The purpose of the
project is to facilitate a consistent, coordinated, consensus -
based approach to both regulatory compliance and
i
communication with the community. A project team of
nearly 100 volunteers is composed of industry and
i., community representatives who serve on technical and/or
communications committees. In addition, planning teams
have been formed in the seven EHCMA outreach areas to
coordinate plans and make arrangements for local RMP
communication events and activities.
See Part 3, provided by each EHCMA plant, for
specific plant and chemical information.
Local Emergency Officials
Each of the EHCMA outreach area communities is
served by a Local Emergency Planning Committee (LEPC).
The LEPCs assist in developing and coordinating a
community emergency response plan and collecting
information about chemical hazards in support of the
community's right -to -know. LEPCs are comprised of
representatives from local government, law enforcement,
emergency medical and fire services, hospitals, schools,
civic and environmental groups, industry, and the media.
Citizen Involvement
From the start, active citizen involvement has been an
important feature of the EHCMA RMP project. Dozens of
community members from throughout the EHCMA area
have participated on project committees and have provided
valuable input into all aspects of the project. Many of these
citizens also participate on citizens advisory councils or
panels in EHCMA-area communities. These CACs or
CAPs consist of citizens with diverse backgrounds and
views who meet regularly with plant managers to discuss
community issues, provide feedback, improve
communication and understanding, and bring about changes
in response to community concerns.
6
3
Industry PREVENTS Accidents by ...
1710
Facility expansion
or modification
El
• Design/construction standards
• Back-up control systems
• Initial hazard review
• Multiple layers of safety systems
• Automatic isolation valves
NC7
• Employee/contractor training programs
• Certification and competency testing
STARTING-upSAFELY ANIJ
RESTARTING PLANTS
• Pre -startup safety reviews on new and
modified equipment
• Fitness for duty - alcohol and
substance abuse policies
• Detailed operating procedures
• Safe process operating limits
• Systems to manage change
Industry prevents
accidents at each stage
of a plant's life cycle
from the up -front
design and
construction stage
through start-up,
operation, and
maintenance, to any
expansion or
modification. Through
"layers of protection,"
plants use multiple
safeguards to promote
accident prevention.
r`
• Periodic updates of hazard reviews
• Investigation of incidents and near misses
• Periodic safety audit / follow-up programs
• Independent audits
• National inspection standards
• Preventive maintenance systems
• Safe work permits
• Contractor safety program
ONGOING
• Periodic refresher training
• Drills on process emergency procedures
Industry and local officials are PREPARED to take the following
actions to protect the public if an incident occurs
Industry .. .
Plants have systems in place to detect
process upsets and accidental releases,
such as gas detection devices and video
monitors. These devices quickly signal
the plant control room of an emergency
and allow for a rapid response to an
incident. Plant operators also check for
potential problems.
Local emergency officials ...
As soon as officials are notified of an
emergency, they determine whether and
how to notify the public to take
protective action. Notification systems
vary from community to community and
range from outdoor warning sirens to
the KTRH Radio 740 AM emergency
broadcast station.
In an emergency, the plant response plan
immediately goes into effect. The
incident command system is established
and the plant emergency response team is
mobilized. The team is properly trained
and uses well -maintained equipment. The
Channel Industries Mutual Aid (CIMA)
network and community emergency
responders are also available to help.
After further assessing the emergency,
public officials determine whether an
incident warrants protective action, such
as shelter -in -place or evacuation. If
protective action is called for, officials
give detailed instructions on what to do
through the emergency notification
system available in that community.
Industry and local officials ...
Working together, industry and local
officials can help a community recover
from a chemical emergency. Following
an emergency, a community's needs
might range from repair of property
damage to counseling services.
While the emergency response team is
taking action, the plant is notifying public
officials of the emergency. The plant also
provides information to the CAER Line
in a timely manner (the goal is to post
information on the CAER Line within 15
minutes of an event). Some plants have
additional ways to notify neighbors.
After any danger has passed, local
officials let the public know that the
incident is over through the
community's emergency notification
system or KTRH Radio 740 AM (the
Houston Area emergency broadcast
station).
Through post -incident investigations
and informal briefings and discussions,
industry and local officials can learn
much from an incident. These lessons
can go a long way toward preventing
similar incidents in the future and
improving emergency response systems.
4 5
0 •
ORDINANCE NO. 99-2306
AN ORDINANCE DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY
OF LA PORTE ON JANUARY 16,r 719991 FOR THE PURPOSE OF VOTING FOR OR
AGAINST THE ADOPTION OF A SECTION 4B SALES AND USE TAR AT -THE RATE
OF ONE-HALF OF ONE PERCENT (.5%); AUTHORIZING THE LEVY OF THE
APPROVED TAR EFFECTIVE JULY 11 1999; 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. There was held in the City of La Porte on the 16th
day of January, 1999, an election for the purpose of voting for or
against the adoption of a Section 4B sales and use tax at the rate
of one-half of one percent ( . 5%) .
Section 2. There were cast at said election the following
number of votes:
FOR the adoption of a Section 4B sales and use tax at the
rate of one-half of one: percent. ( . 5%) - 483.
AGAINST the adoption of a Section 4B sales and use tax at
the rate of one-half of one percent (.5%) - 276.
The number of votes by which the proposition was approved is 207.
Section 3. The City Council of the City of La Porte hereby
levies the approved Section 4B sales and use tax at the rate of
one-half of one percent (.5%), effective July 1, 1999.
Section 4. The City Secretary shall, by certified or
registered mail, send the State Comptroller a certified copy of
this Ordinance and a map of the City clearly showing the City's
boundaries.
Section 5. 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 passage of the proposition adopting a
Section 4B sales and use tax at the rate of one-half of one percent
(.5*) .
Section 6. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 7. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 19th day of January, 1999.
ATTEST:
Mar ha A. Gillett
City Secretary
City Attorney
C T OF LA PORTE
By: t^ L/
No man L. Malone, Mayor
E
0 •
Ord. 99-2307
ORDINANCE CANVASSING ELECTION RETURNS
WHEREAS, the City Council of the City of LaPorte, Texas (the "City") ordained an election to be held
in the City on January 16, 1999, on the PROPOSITIONS hereinafter stated;
WHEREAS, the City Council of the City (the "Council') has investigated all matters pertaining to said
election, including the ordering, giving notice, officers, holding, and making returns of said election; and
WHEREAS, the election officers who held said election have duly made the returns of the result
thereof, and said returns have been duly delivered to the Council.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS
THAT:
1. The Council officially finds and determines that said election was duly ordered; proper notice of said
election was duly given; proper election officers were duly appointed prior to said election; said election was
duly held; the City has complied with the :Federal Voting Rights Act and the Texas Election Code; due
returns of the result of said election have been made and delivered; and the Council has duly canvassed said
returns, all in accordance with law and the Ordinance calling said election.
2. The Council officially finds and dete:nnines that the following votes were cast at said election on the
submitted PROPOSITIONS by the resident, qualified electors of the City, who voted at the election:
PROPOSITION 1
494 FOR THE ISSUANCE OF $1,500,000 CITY HALL ADDITION BONDS.
281 AGAINST BONDS
:PROPOSITION 2
581 FOR THE ISSUANCE OF $750,000 FIRE STATION NO. 4 (SOUTH LA PORTE
191 AGAINST AREA) REPLACEMENT BONDS.
:PROPOSITION 3
559 FOR THE ISSUANCE OF $750,000 FIRE STATION NO. 3 (LOMAX AREA)
217 AGAINST REPLACEMENT BONDS.
PROPOSITION 4
371 FOR THE ISSUANCE OF $675,000 FIFTH STREET REPAVING
400 AGAINST BONDS.
PROPOSITION 5
508 FOR THE ISSUANCE OF $250,000 SAN JACINTO SWIMMING POOL
265 AGAINST REPLACEMENT BONDS.
3. The Council officially finds, determines, and declares the result of said election to be that the
PROPOSITION 1, PROPOSTI`ION-, 2.,- PRO,POSITION 3, and PROPOSITION 5 so submitted have received a
favorable majority vote in all respects and'have carried.
0 •
4. The aforesaid bonds described in the PROPOSITION 1, PROPOSITION 2, PROPOSITION 3, and
PROPOSITION 5 may be issued, and the aforesaid bond taxes may be levied, assessed, and collected
annually as voted and as provided by law.
2
CERTIFICATE FOR ORDINANCE
We, the undersigned Mayor and City Secretary of the City of LaPorte, Texas (the "City"), hereby
certify as follows:
1. The City Council of the City (the "Council") convened in special session, open to the public, on
January 19, 1998, at the meeting place designated in the notice (the "Meeting"), and the roll was called of the
members, to wit: Norman L. Malone, Mayor, and the following City Councilmembers: Guy Sutherland,
Chuck Engelken, Howard Ebow, Deotis Gay, Charlie Young, Jerry Clarke, Peter Griffiths, and Alton Porter.
All members of the Council were present, except Pe4 e( Ct /' i 4;4-hs , constituting
a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written
ordinance entitled:
ORDINANCE CANVASSING ELECTION RETURNS
(the "Ordinance") was duly introduced for the consideration of the Council and read in full. It was then duly
moved and seconded that the Ordinance be finally passed and adopted; and after due discussion, such motion,
carrying with it the adoption of the Ordinance prevailed and carried by the following vote:
YES:_ NOES:_[ ABSTENTIONS:_().
2. A true, full, and correct copy of the Ordinance adopted at the Meeting is attached to and follows this
Certificate; the Ordinance has been duly recorded in the Council's minutes of the Meeting; the above and
foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of the Meeting pertaining
to the adoption of the Ordinance; the persons named in the above and foregoing paragraph are duly chosen,
qualified, and acting officers and members of the Council as indicated therein; each of the officers and
members of the Council was duly and sufficiently notified officially and personally, in advance, of the time,
place, and purpose of the Meeting, and that the Ordinance would be introduced and considered for adoption at
the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for
such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of
the Meeting was given, all as required by Chapter 551, Texas Government Code.
3. Martha Gillett is the duly appointed and acting City Secretary of the City.
SIGNED AND SEALED THIS I - ( 01 - l9
CityWecretary6
City of La Porte, Texas
(CITY SEAL)
ay r
City of La Porte, Texas
City of La Porte
District 1 D strid ] —1 District 9 District Distrsd S District 6 `%. Taal Grard Told
EV REG EV REG I EV REG EV REG EV REG EV I REG I EV I REG
SECTION 4B SALES A USE TAX RATE OF ONE-11ALF OF ONE PERCENT
FOR 33 1l �C 3 a s to S 69/ o s�
AGAINST b .J I' I i c0 41 5 0 1 2 1 is
/� BOND PROPOSITION NO I $l 500 ON CITY MALL ADDITION BONDS
FOR 3 1 -3 a KvRs
9 � �p 195-
AGAINST o a a t a ► i T4 3 a�
BOND PROPOSITION NO 3 $150 000 FIRE STATION NO. I REPLACEMENT BONDS •
FOR 33 55 00 3 I
AGAINST aT 1 io 3 f I (o o
BOND PROPOSITION NO 3 $750 000 FIRE STATION NO. 3 LOMA% AREA REPLACEMENT BONDS
cn�R �n . 3 gin/I l�n I � il I av I QT1 7 hc� 1q 2� r'c
AGAINST a t0 5 ► d a
BOND PROPOSITION NO I U75, 000 FIFTH STREET REPAVING BONDS
FOR n15 3 3 IV I 3A I A5 1 40 14 39 1,23 1147 1 191;� q:::] sql
AGAINST Ito I 50d ji 1 $ 5 5 • (0 5 83 1 3in
BOND PROPOSITION NO 5 $250 000 SAN JACINTO SWIMMING POOL REPLACEMENT BONDS
FOR 31- l 5 I i a6 i sgfl 1 5 i..AH S 1 0,5 3 t S 0
AGAINST i V �� 5 t +t a •
t w2
f1001 LOMAX ELEMENTARY • *age 1
19:12:30 16—Jan-1999 Early Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
Posn Count Pct
Ballots Cast — TOTAL . 43
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND USE
TAX AT THE RATE OF ONE—HALF OF ONE PERCENT (.5%)
FOR . . 4 33 76.74
AGAINST . 5 10 23.26
Overvotes . . 0
Undervotes . 0
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF $1,500,000 CITY HALL
ADDITION BONDS
FOR . 30 32 78.05
AGAINST 31 9 21.95
Overvotes . 0
Undervotes . 2
PROPOSITION NO. 2 — THE ISSUANCE OF $750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA) REPLACEMENT BONDS
FOR . 36 33 80.49
AGAINST 37 8 19.51
Overvotes . 0
Undervotes 2
PROPOSITION NO. 3 — THE ISSUANCE OF $750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR . 41 34 82.93
AGAINST 42 7 17.07
Overvotes . 0
Undervotes .
PROPOSITION NO. 4 — THE ISSUANCE OF $675,000 FIFTH
STREET REPAVING BONDS
FOR . 46 25 60.98
AGAINST 47 16 39.02
Overvotes . 0
Undervotes 2
PROPOSITION NO. 5 — THE ISSUANCE OF $250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR . 51 31 75.61
AGAINST 52 10 24.39
Overvotes . 0
Undervotes 2
0001 LOMAX ELEMENTARY i •age 2
19:12:30 16—Jan-1999 Early Ballots Only
_ SALES TAX AND BOND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
0002 BAKER JR. HIGH SCHEe *age 1
19:12:30 16—Jan-1999 Early Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
Posn Count Pct
Ballots Cast — TOTAL 22
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND USE
TAX AT THE RATE OF ONE—HALF OF ONE PERCENT (.5%)
FOR . 4 16 76.19
AGAINST 5 5 23.81
Overvotes . 0
Undervotes 1
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE
ISSUANCE OF
$1,500,000 CITY HALL
ADDITION BONDS
FOR .
30
16
72.73
AGAINST
31
6
27.27
Overvotes .
0
Undervotes
0
PROPOSITION NO. 2 — THE
ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA
PORTE AREA)
REPLACEMENT BONDS
FOR .
36
19
86.36
AGAINST
37
3
13.64
Overvotes .
0
Undervotes
0
PROPOSITION NO. 3 — THE
ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR .
41
19
86.36
AGAINST
42
3
13.64
Overvotes .
0
Undervotes
0
PROPOSITION NO. 4 — THE
ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR
46
10
47.62
AGAINST
47
11
52.38
Overvotes .
0
Undervotes
1
PROPOSITION NO. 5 — THE
ISSUANCE OF
$250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR
51
15
68.18
AGAINST
52
7
31. 82
Overvotes .
0
Undervotes
0
0002 BAKER JR. HIGH SCHd& cage
19:12:30 16-Jan-1999 Early Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
6A4't� zzc6ocl�'
0003 RIZZUTO ELEMENTARY .
•age
1
19:12:30 16—Jan-1999 Early Ballots
Only
SALES TAX AND BOND
ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
Posn Count
Pct
Ballots Cast — TOTAL
33
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION
4B SALES AND
USE
TAX AT THE RATE OF ONE—HALF OF ONE
PERCENT (.5%)
FOR .
4
24
72.73
AGAINST
5
9
27.27
Overvotes .
0
Undervotes
0
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF
$1,500,000 CITY HALL
ADDITION BONDS
FOR .
30
23
69.70
AGAINST
31
10
30.30
Overvotes .
0
Undervotes
0
PROPOSITION NO. 2 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA)
REPLACEMENT BONDS
FOR
36
29
87.88
AGAINST
37
4
12.12
Overvotes .
0
Undervotes
0
PROPOSITION NO. 3 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR .
41
27
81.82
AGAINST
42
6
18.18
Overvotes .
0
Undervotes
0
PROPOSITION NO. 4 — THE ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR
46
25
75.76
AGAINST
47
8
24.24
Overvotes .
0
Undervotes
0
PROPOSITION NO. 5 — THE ISSUANCE OF
$250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR
51
26
78.79
AGAINST
. 52
7
21.21
Overvotes .
0
Undervotes
0
0003 RI Z ZUTO ELEMENTARY • Gg e
19:12:30 16—Jan-1999 Early Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
0004 DEWALT SPECIAL SEROES •age 1
19:12:30 16—Jan-1999 Early Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
Posn Count Pct
Ballots Cast — TOTAL 16
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND
USE
TAX AT THE RATE OF ONE—HALF OF ONE
PERCENT (.5%)
FOR .
4
10
76.9E
AGAINST
5
3
53.08
Overvotes .
0
Undervotes
3
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF
$1,500,000 CITY HALL
ADDITION BONDS
FOR .
30
14
87.50
AGAINST
31
2
12.50
Overvotes .
0
Undervotes
0
PROPOSITION NO. E — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA)
REPLACEMENT BONDS
FOR .
36
14
87.50
AGAINST
37
2
12.50
Overvotes .
0
Undervotes
0
PROPOSITION NO. 3 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR .
41
13
86.67
AGAINST
42
2
13.33
Overvotes .
Undervotes
1
PROPOSITION NO. 4 — THE ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR .
46
14
87.50
AGAINST
47
c
12.50
Overvotes .
0
Undervotes
0
PROPOSITION NO. 5 — THE ISSUANCE OF
$250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR
51
15
93.75
AGAINST
52
1
6.25
Overvotes .
0
Undervotes
0
0004 DEWALT SPECIAL SERV&S 46ge 2
19:12:30 16—Jan-1999 Early Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
ar•e true and correct.
Signed:
0005 LA PORTE HIGH SCH00! Oge 1
19:12:30 16—Jan-1999 Early Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
Posn Count Pct
Ballots Cast — TOTAL 61
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND USE
TAX AT THE RATE OF ONE—HALF OF ONE PERCENT (.5%)
FOR 4 41 70.69
AGAINST 5 17 29.31
Overvotes . 1
Undervotes 2
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF $1,500,000 CITY HALL
ADDITION BONDS
FOR . 30 45 76.27
AGAINST 31 14 23.73
Overvotes . 0
Undervotes 2
PROPOSITION NO. 2 — THE ISSUANCE OF $750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA) REPLACEMENT BONDS
FOR . 36 49 83.05
AGAINST 37 10 16.95
Overvotes . 0
Undervotes 2
PROPOSITION NO. 3 — THE ISSUANCE OF $750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR . 41 48 81.36
AGAINST 42 11 18.64
Overvotes . 0
Undervotes 2
PROPOSITION NO. 4 — THE ISSUANCE OF $675,000 FIFTH
STREET REPAVING BONDS
FOR . 46 38 65.52
AGAINST 47 20 34.48
Overvotes . 0
Undervotes 3
PROPOSITION NO. 5 — THE ISSUANCE OF $250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR . 51 47 79.66
AGAINST 52 12 20.34
Overvotes . 0
Undervotes 2
0005 LA PORTE HIGH SCH00• Sge 2
19:12:30 16-Jan-1999 Early Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
0006 CITY HALL •
*age 1
19:12:30 16—Jan-1999 Early Ballots
Only
SALES TAX AND BOND
ELECTIONS
CITY OF LA PORTE,
TEXAS
JANUARY 16, 1999
Posn Count
Pct
Ballots Cast — TOTAL
61
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND
USE
TAX AT THE RATE OF ONE—HALF OF ONE
PERCENT (.5%)
FOR .
4
50
86.21
AGAINST
5
8
13.79
Overvotes .
0
Undervotes
3
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF
$1,500,000 CITY HALL
ADDITION BONDS
FOR .
30
55
90.16
AGAINST
31
6
9.84
Overvotes .
0
Undervotes
0
PROPOSITION NO. 2 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA)
REPLACEMENT BONDS
FOR .
36
56
93.33
AGAINST
37
4
6.67
Overvotes .
0
Undervotes
1
PROPOSITION NO. 3 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR .
41
57
93.44
AGAINST
42
4
6.56
Overvotes .
0
Undervotes
0
PROPOSITION NO. 4 — THE ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR
46
35
57.38
AGAINST
47
26
42.62
Overvotes .
0
Undervotes
0
PROPOSITION NO. 5 — THE ISSUANCE OF
$250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR .
51
55
90.16
AGAINST
52
6
9.84
Overvotes .
0
Undervotes
0
0006 CITY HALL • age 2
19:12:30 16—Jan-1999 Early Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
cumulative report —early •
19:15:15 16—Jan-1999 Early Ballots Only
SALES TAX AND POND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
Ballots Cast — TOTAL .
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
lage 1
Total Pct
236
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND USE
TAX AT THE RATE OF ONE—HALF OF ONE PERCENT (.5%)
FOR . 174. 76.99
AGAINST 52 23.01
Overvotes . 1
Undervotes 9
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF $17500,000 CITY HALL
ADDITION BONDS
FOR . 185 79.74,
AGAINST 47 20.26
Overvotes . 0
Undervotes 4
PROPOSITION NO. 2 — THE ISSUANCE OF $750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA) REPLACEMENT BONDS
FOR 200 86.58
AGAINST 31 13. 42,
Overvotes . 0
Undervotes 5
PROPOSITION NO. 3 — THE ISSUANCE OF $750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR . 198 85.71
AGAINST 33 14.29.
Overvotes . 0
Undervotes 5
PROPOSITION NO. 4 — THE ISSUANCE OF $675,000 FIFTH
STREET REPAVING BONDS
FOR . 147 63.91
AGAINST 83 36. 09
Overvotes . 0
Undervotes 6
PROPOSITION NO. 5 — THE ISSUANCE OF $250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR . 189 81.47
AGAINST 43 18.53
Overvotes . 0
Undervotes 4
cumulative report -early • age
19:15:15 16-Jan-1999 Early Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
1001' LOMAX ELEMENTARY *age 1
19:50:08 16—Jan-1999 E tion Day Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
Posn Count Pct
Ballots Cast — TOTAL 86
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND USE
TAX AT THE RATE OF ONE—HALF OF ONE PERCENT (.5%)
FOR. . . . . . . . . . . . 4 42 52.50
AGAINST 5 38 47.50
Overvotes . 0
Undervotes 6
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF $1,500,000 CITY HALL
ADDITION BONDS
FOR .
30
37
43.53
AGAINST
31
48
56.47
Overvotes .
0
Undervotes
1
PROPOSITION NO. 2 — THE
ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA
PORTE AREA)
REPLACEMENT BONDS
FOR .
36
55
65.48
AGAINST
37
29
34.52
Over votes .
0
Undervotes
2
PROPOSITION NO. 3 — THE
ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR .
41
57
67.06
AGAINST
42
28
32.94
Overvotes .
0
Under -votes
1
PROPOSITION NO. 4 — THE
ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR .
46
33
39.76
AGAINST
47
50
60.24
Overvotes .
0
Under votes
3
PROPOSITION NO. 5 — THE
ISSUANCE OF
$250,000 SAN JACINTO
SWIMMING FOOL REPLACEMENT BONDS
FOR .
51
40
47.62
AGAINST
52
44
52.38
Overvotes .
0
Undervotes
2
0001 LOMAX ELEMENTARY • Oge E
19:50:08 16—Jan-1999 Election Day Ballots Only
SALES TAX AND BOND E=LECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
•
RR
4B��ET6J�anH1@49SCEQOctian Day
Ballots Only
Page 1
SALES TAX AND BOND
ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
Posn Count
Pet
Ballots Cast — TOTAL
44
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION
4B SALES AND
USE
TAX -AT THE RATE OF ONE—HALF OF ONE
PERCENT (.5%)
FOR .
4
32
74.42
AGAINST
5
11
25.58
Overvotes .
0
Undervotes
1
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF
$1,500,000 CITY
HALL
ADDITION BONDS
FOR .
30
32
76.19
AGAINST
31
10
23.81
Overvotes .
0
Undervotes
PROPOSITION NO. 2 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA)
REPLACEMENT PONDS
FOR
36
35
83.33
AGAINST
37
7
16.67
Overvotes .
0
Undervotes
2
PROPOSITION NO. 3 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR
41
34
79.07
AGAINST
42
9
20.93
Overvotes .
0
Undervotes
1
PROPOSITION NO. 4 — THE ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR .
46
32
74.42
AGAINST
47
11
25.58
Overvotes .
0
Undervotes
1
PROPOSITION NO. 5 — THE ISSUANCE OF
$250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR .
51
28
70.00
AGAINST
52
12
30.00
Overvotes .
0
Undervotes
4-
0002 BAKER JR. HIGH SCHM 60age
19.34:02 16—Jan-1999 Election Day Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
ft.. .cIZZUTO ELEMENTARY • Oage 1
19:54:34 16—Jan-1999 Election Day Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
Posn Count Pct
Ballots Cast — TOTAL 114
SALES TAX ELECTION
CITY OF LA FORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION
4B SALES AND
USE
TAX AT THE RATE OF ONE—HALF OF ONE
PERCENT (.5%)
FOR .
4
57
53.27
AGAINST
5
50
46.73
Overvotes .
1
Undervotes
6
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF
$1,500,000 CITY HALL
ADDITION BONDS
FOR .
30
57
52.29
AGAINST
31
52
47.71
Overvotes .
1
Undervotes
4
PROPOSITION NO. 2 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA)
REPLACEMENT BONDS
FOR
36
69
62.73
AGAINST
37
41
37.27
Overvotes .
0
Undervotes
4
PROPOSITION NO. 3 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR .
41
67
60.91
AGAINST
42
43
39.09
Ov ery of e s .
0
Undervotes
4
PROPOSITION NO. 4 — THE ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR .
46
40
37.04
AGAINST
47
68
62.96
Overvotes .
0
Undervotes
6
PROPOSITION NO. 5 — THE ISSUANCE OF
$250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR
51
58
52;. E5
AGAINST
52
53
47.7S
Overvotes .
0
Undervotes
3
OOk. ...ZZUTO ELEMENTARY •age E
19:4-+:34 16—Jan-1999 E1 ction Day ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
0014 DEWALT SPECIAL SERVS �ge 1
19:54:55 16—Jan-1999 Election Day Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
Posn Count Pct
Ballots Cast — TOTAL 69
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND
USE
TAX AT THE RATE OF ONE—HALF OF ONE
PERCENT" (.5%)
FOR .
4
51
83.61
AGAINST
5
10
16.39
Overvotes .
1
Undervotes
7
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF
$1,500,000 CITY HALL
ADDITION BONDS
FOR .
30
49
80.33
AGAINST
31
12
19.67
Overvotes .
1
Undervotes
7
PROPOSITION NO. 2 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA)
REPLACEMENT BONDS
FOR .
36
48
82.76
AGAINST
37
10
17.24
Overvotes .
2
Undervotes
9
PROPOSITION NO. 3 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR .
41
48
81.36
AGAINST
42
11
18.64
Overvotes .
1
Undervotes
9
PROPOSITION NO. 4 — THE ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR .
46
47
75.81
AGAINST
47
15
24.19
Overvotes .
1
Undervotes
6
PROPOSITION NO. 5 — THE ISSUANCE OF
$250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR .
51
47
81.03
AGAINST
52
11
18.97
Overvotes .
1
Undervotes
10
0004 DEWALT SPECIAL SERV�S �ge
19:54:55 16—Jan-1999 EI tion Day Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
0005 LA PORTE HIGH SCH04 ��ge 1
19:59:444 16—Jan-1999 E1 tion Day Ballots Only
SALES TAX AND BOND 1=LECTIONS
CITY OF LA PORTE„ TEXAS
JANUARY 16, 1999
Posn Count Pct
Ballots Cast — TOTAL 141
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND
USE
TAX AT THE RATE OF ONE—HALF OF ONE
PERCENT (.5%)
FOR .
4
69
51.11
AGAINST
5
66
48.89
Overvotes .
1
Undervotes
5
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF
$1,500,000 CITY HALL
ADDITION BONDS
FOR .
30
65
47.79
AGAINST
31
71
52.21
Overvotes .
2
Undervotes
3
PROPOSITION NO. 2 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA)
REPLACEMENT BONDS
FOR .
36
90
65.22
AGAINST
37
48
34.78
Overvotes .
0
Undervotes
3
PROPOSITION NO. 3 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR .
41
81
58.70
AGAINST
42
57
41.30
Overvotes .
0
Undervotes
3
PROPOSITION NO. 4 — THE ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR .
46
23
16.67
AGAINST
47
115
83.33
Overvotes .
0
Undervotes
3
PROPOSITION NO. 5 — THE ISSUANCE OF
$250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR .
51
81
58.27
AGAINST
52
58
41.73
Overvotes .
0
Undervotes
2
0005 LA PORTE HIGH SOHO* -1ge 0
19:59:44 16—Jan-1999 E1 tion Day Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
0006 CITY HALL � *age 1
19:39:34 16—Jan-1999 Election Day Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
Posn Count Pct
Ballots Cast — TOTAL 113
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND
USE
TAX AT THE RATE OF ONE—HALF OF ONE
PERCENT (.5%)
FOR .
4
58
54.21
AGAINST
5
49
45.79
Overvotes .
0
Undervotes
6
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF
$1,500,000 CITY HALL
ADDITION BONDS
FOR
30
69
62.73
AGAINST
31
41
37.27
Overvotes .
1
Undervotes
2
PROPOSITION NO. 2 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA)
REPLACEMENT BONDS
FOR .
36
84
77.06
AGAINST
37
E5
22.94
Overvotes .
1
Undervotes
3
PROPOSITION NO. 3 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR .
41
74
67.27
AGAINST
42
36
32.73
Overvotes .
0
Undervotes
3
PROPOSITION NO. 4 — THE ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR .
46
49
45.79
AGAINST
47
58
54.21
Overvotes .
0
Undervotes
6
PROPOSITION NO. 5 — THE ISSUANCE OF
$250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR .
51
65
59.63
AGAINST
52
44
40.37
Overvotes .
0
Undervotes
4
0006 CITY HALL 0
19:39:34 16-Jan-1999 Election Day Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
ar•e true and correct.
Signed:
loge 2
cumulative report —elect'
20:00:58 16—Jan-1999 E1 tion Day Ballots Only
SALES TAX AND BOND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
Precincts Counted — TOTAL .
Ballots Cast — TOTAL .
SALES TAX ELECTION
CITY OF LA FORTE, TEXAS
0ge 1
Total Pct
6 100.00
567
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND USE
TAX AT THE RATE OF ONE—HALF OF ONE PERCENT (.5%)
FOR . 309 57.97
AGAINST 224 42.03
Overvotes . 3
Undervotes 31
POND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF $1,500,000 CITY HALL
ADDITION BONDS
FOR . 309 56.91
AGAINST 234 43.09
Overvotes . 5
Undervotes 19
PROPOSITION NO. 2 — THE ISSUANCE OF $750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA) REPLACEMENT BONDS
FOR . 381 70.43
AGAINST 160 29.57
Overvotes . 3
Undervotes 23
PROPOSITION NO. 3 — THE ISSUANCE OF $750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR . 361 66.24
AGAINST 184 33.76
Overvotes . 1
Undervotes 21
PROPOSITION NO. 4 — THE ISSUANCE OF $675,000 FIFTH
STREET REPAVING BONDS
FOR . 224 41.40
AGAINST 317 58.60
Overvotes . 1
Undervotes 25
PROPOSITION NO. 5 — THE ISSUANCE OF $250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR . 319 58.96
AGAINST 222 41.04
Overvotes . 1
Undervotes 25
cl:,nulative report-electi
20:00:58 16-Jan-1999 E ion
SALES TAX AND
CITY OF LA
JANUARY
ge
Day Ballots Only
BOND ELECTIONS
FORTE, TEXAS
16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
2
final cumulative report A
age 1
20:03:18 16—Jan-1999 C 0ined Election Day & Earl allots
SALES TAX AND BOND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
Total Pct
Precincts Counted — TOTAL 6 100.00
Ballots Cast — TOTAL 803
SALES TAX ELECTION
CITY OF LA FORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND USE
TAX AT THE RATE OF ONE—HALF OF ONE PERCENT (.5%)
FOR . 483 63.64
AGAINST 276 36.36
Overvotes . 4
Undervotes 40
BOND ELECTION
CITY OF LA FORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF $1,500,000 CITY HALL
ADDITION BONDS
FOR . 494 63.74
AGAINST 281 36.26
Overvotes . 5
Undervotes 23
PROPOSITION NO. 2 — THE ISSUANCE OF $7505000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA) REPLACEMENT BONDS
FOR . 581 75.26
AGAINST 19' 1 24.74
Overvotes . 3
Undervotes 28
PROPOSITION NO. 3 — THE ISSUANCE OF $750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR . 559 72.04
AGAINST 217 27.96
Overvotes . 1
Undervotes 26
PROPOSITION NO. 4 — THE ISSUANCE OF $675,000 FIFTH
STREET REPAVING BONDS
FOR . 371 48.12
AGAINST 400 51.88
Overvotes . 1
Undervotes 31
PROPOSITION NO. 5 — THE ISSUANCE OF $250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR . 508 65.72
AGAINST 265 34.28
Overvotes . 1
Undervotes 29
final cumulative report jage
20:03:18 16-Jan-1999 C pined Election Day & Earl Mallots
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
0001LOMAX ELEMENTARY
age
1
L0:05:06 16—Jan-1999 Co ined Election
Day & Ear-ly
allots
SALES TAX AND BOND
ELECTIONS
CITY OF LA FORTE,
TEXAS
JANUAR`! 16, 1999
Posn Count
Pct
Ballots Cast — TOTAL
129
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION
4B SALES AND USE
TAX AT THE RATE OF ONE—HALF OF ONE
PERCENT (.5%)
FOR .
4
75
60.98
AGAINST
5
48
39.02
Overvotes .
0
Undervotes
6
BOND ELECTION
CITY OF LA FORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF
$1,500,000 CITY
HALL
ADDITION BONDS
FOR .
30
69
54.76
AGAINST
31
57
45.24
Over votes .
0
Under votes
3
PROPOSITION NO. E — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA)
REPLACEMENT BONDS
FOR .
36
88
70.40
AGAINST
37
37
29.60
Overvotes .
0
Under•votes
4
PROPOSITION NO. 3 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR .
41
91
72.22
AGAINST
42
35
27.78
Over -votes .
0
Under -votes
3
PROPOSITION NO. 4 — THE ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR . .. .
46
58
46.77
AGAINST
47
66
53.23
Overvotes .
0
Undervotes
5
PROPOSITION NO. 5 — THE ISSUANCE OF
$250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR .
51
71
56.80
AGAINST
52
54
43.20
Overvotes .
0
Undervotes
4
0001 LOMAX ELEMENTARY ge
'-.1:05:06 16-Jan-1999 Co& ned Election Day & Earlyellots
SALES TAX AND BOND ELECTIONS
CITY OF LA RORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
0002 BAKER JR. HIGH SCH*
age 1
.20:05:06 16—Jan-1999 C ined Election Day & Early
allots
SALES TAX AND BOND
ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
Posn Count
Pct
Ballots Cast — TOTAL
66
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION
4B SALES AND
USE
TAX AT THE RATE OF ONE—HALF OF ONE
PERCENT (.5%)
FOR
4
48
75.00
AGAINST
5
16
25.00
Overvotes .
0
Undervotes
2
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF
$1,500,000 CITY HALL
ADDITION BONDS
FOR .
30
48
75.00
AGAINST
31
16
25.00
Overvotes .
0
Undervotes
2
PROPOSITION NO. c — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA)
REPLACEMENT BONDS
FOR .
36
54
84.38
AGAINST
37
10
15.63
Overvotes .
0
Undervotes
2
PROPOSITION NO. 3 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR .
41
53
61.54
AGAINST
42
12
18.46
Overvotes .
0
Undervotes
1
PROPOSITION NO. 4 — THE ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR .
46
42
65.63
AGAINST
47
22
34.38
Overvotes .
0
Undervotes
2
PROPOSITION NO. 5 — THE ISSUANCE OF
-6250, 000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR .
51
43
69.35
AGAINST
52
19
30.65
Overvotes .
0
Under -votes
4
0002 BAKER JR. HIGH SCH �ge E
'0:05:06 lb—Jan-1999 Co fined Election Day & Early allots
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
0003 RIZZUTO ELEMENTARY&
age 1
R0:05:06 16—Jan-1999 C ined Election Day & Earl
allots
SALES TAX AND BOND
ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
Posn Count
Pct
Ballots Cast — TOTAL
147
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND
USE
TAX AT THE RATE OF ONE—HALF OF ONE
PERCENT (.5%)
FOR .
4
81
57.86
AGAINST
5
59
42.14
Overvotes .
1
Undervotes
6
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF
$1,500,000 CITY HALL
ADDITION BONDS
FOR .
30
80
56.34
AGAINST
31
62
43.66
Overvotes .
1
Undervotes
4
PROPOSITION NO. 2 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA)
REPLACEMENT BONDS
FOR .
36
98
66.53
AGAINST
37
45
31.47
Overvotes .
0
Undervotes
4
PROPOSITION NO. 3 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR .
41
94
65.73
AGAINST
42
49
34.27
Overvotes .
0
Undervotes
4
PROPOSITION NO. 4 — THE ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR .
46
65
46. 10
AGAINST
47
76
53.90
Overvotes .
0
Undervotes
6
PROPOSITION NO. 5 — THE ISSUANCE OF
$250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR .
51
84
58.33
AGAINST
52
60
41.67
Overvotes .
0
Undervotes
3
0003 RIZZUTO ELEMENTARY �ge
20:05:06 16-Jan-1999 C ined Election Day & Early allots
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
0004 DEWALT SPECIAL SERVj S age 1
20:05:06 16—Jan-1999 C ined Election Day & Earl allots
SALES TAX AND BOND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
Posn Count Pet
Ballots Cast — TOTAL 85
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND USE
TAX AT THE RATE OF ONE—HALF OF ONE PERCENT (.5%)
FOR . 4 61 82.43
AGAINST 5 13 17.57
Overvotes . 1
Undervotes 10
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF $1,500,000 CITY HALL
ADDITION BONDS
FOR . 30 63 81.82
AGAINST. 31 14 18.18
Overvotes . 1
Undervotes 7
PROPOSITION NO. 2 — THE ISSUANCE OF $750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA) REPLACEMENT BONDS
FOR . 36 62 83.78
AGAINST 37 12 16.22
Overvotes . 2
Undervotes 9
PROPOSITION NO. 3 — THE ISSUANCE OF $750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR . 41 61 82.43
AGAINST 42 13 17.57
Overvotes . 1
Undervotes 10
PROPOSITION NO. 4 — THE ISSUANCE OF $675,000 FIFTH
STREET REPAVING BONDS
FOR . 46 61 78.21
AGAINST 47 17 21.79
Overvotes . 1
Undervotes 6
PROPOSITION NO. 5 — THE ISSUANCE OF $250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR 51 62 83.78
AGAINST 52 12 16.22
Overvotes . 1
Undervotes 10
0004 DEWALT SPECIAL SER ES age E
20:05:06 16-Jan-1999 C ined Election Day & Early allots
SALES TAX AND BOND ELECTIONS
CITY OF LA AORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
0005 LA FORTE HIGH SCHO& age 1
20:05:06 16—Jan-1999 C ined Election Day & Earl allots
SALES TAX AND BOND ELECTIONS
CITY CITY OF LA FORTE,, TEXAS
JANUARY 16, 1999
Posn Count Pct
Ballots Cast — TOTAL 202
SALES TAX ELECTION
CITY OF LA FORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES
AND
USE
TAX AT THE RATE OF ONE—HALF OF ONE
PERCENT (.5%)
FOR .
4
110
56.99
AGAINST
,
83
43.01
Overvotes .
2
Undervotes
7
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE OF
$1,500,000 CITY
HALL
ADDITION BONDS
FOR .
30
110
56.41
AGAINST
31
85
43.59
Overvates .
2
Undervotes
5
PROPOSITION NO. 2 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA PORTE AREA)
REPLACEMENT BONDS
FOR .
36
139
70.56
AGAINST
37
58
29.44
Overvotes .
0
Undervotes
.
5
PROPOSITION NO. 3 — THE ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR .
41
129
65.48
AGAINST
42
68
34.52
Overvotes .
0
Undervotes
5
PROPOSITION NO. 4 — THE ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR .
46
61
31.12
AGAINST
47
135
68.88
Over -votes .
0
Undervotes
6
PROPOSITION NO. 5 — THE ISSUANCE OF
$ 250, 000 SAN JAC I NTO
SWIMMING POOL REPLACEMENT BONDS
FOR .
51
128
64.65
AGAINST
52
70
35.35
Overvotes .
0
Undervotes
4
0005 LA PO RTE HIGH SCHO* �a g e
20:05:06 16-Jan-1999 C ined Election Day & Earl allots
SALES TAX AND POND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
0006 CITY HALL age 1
20:05:06 16—Jan-1999 Ained Election Day & Earl allots
SALES TAX AND BOND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
Posn Count Pct
Ballots Cast — TOTAL 174
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION — THE ADOPTION OF A SECTION 4B SALES AND USE
TAX AT THE RATE OF ONE—HALF OF ONE PERCENT (.5%)
FOR . 4 106 65.45
AGAINST 5 57 34.55
Overvotes . 0
Undervotes 9
BOND ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION NO. 1 — THE
ISSUANCE OF
$1,500,000 CITY HALL
ADDITION BONDS
FOR .
30
124
72.51
AGAINST
31
47
27.49
Overvotes .
1
Undervotes
2
PROPOSITION NO. 2 — THE
ISSUANCE OF
$750,000 FIRE
STATION NO. 4 (SOUTH LA
PORTE AREA)
REPLACEMENT BONDS
FOR .
36
140
82.84
AGAINST
37
29
17.16
Overvotes . .
1
Undervotes
4
PROPOSITION NO. 3 — THE
ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
FOR .
41
131
76.61
AGAINST
42
40
23.39
Overvotes .
0
Undervotes
3
PROPOSITION NO. 4 — THE
ISSUANCE OF
$675,000 FIFTH
STREET REPAVING BONDS
FOR .
46
84
50.00
AGAINST
47
84
50.00
Overvotes .
0
Undervotes
6
PROPOSITION NO. 5 — THE
ISSUANCE OF
$250,000 SAN JACINTO
SWIMMING POOL REPLACEMENT BONDS
FOR .
51
120
70.59
AGAINST
52
50
29.41
Overvotes .
0
Undervotes
4
0006 CITY HALL age 2
20:05:06 16-Jan-1999 Coined Election Day & Earlyallots
SALES TAX AND BOND ELECTIONS
CITY OF LA RORTE, TEXAS
JANUARY 16, 1999
We, the undersigned, certify that the above results
are true and correct.
Signed:
FINAL OFFICIAL CANVASS TjjAL Page 1
2h:07:55 16-Jan-1999
SALES TAX AND BOND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
1 Ballots Cast - TOTAL
SALES TAX ELECTION
CITY OF LA PORTE, TEXAS
PROPOSITION - THE ADOPTION OF A SECTION 4B
SALES
AND USE
TAX AT THE RATE OF ONE-HALF OF ONE PERCENT
(.5%)
2 FOR
3 AGAINST
4 Overvotes
5 Undervotes
1
2......3......4......5
0001 LOMAX ELEMENTARY
129
75
48
0
6
0002 BAKER JR. HIGH SCHOOL
66
48
16
0
2
0003 RIZZUTO ELEMENTARY
147
81
59
1
6
0004 DEWALT SPECIAL SERVICES
85
61
13
1
10
0005 LA PORTE HIGH SCHOOL
202
110
83
2
7
0006 CITY HALL
174
108.....57......0......9
TOTAL
803
483
276
4
40
ELEC.DAY
567
309
224
3
31
EARLY
236
174
52
1
9
We, the undersigned, certify that the above results
are true and correct.
Signed:
FINAL OFFICIAL CANVASS TfrL Rage 2
20:07:55 16—Jan-1999
SALES TAX AND BOLD ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
1 Ballots Cast — TOTAL
BOND ELECTION
CITY OF LA FORTE, TEXAS
PROPOSITION NO. 1 — THE ISSUANCE
OF $1, 500, 000
CITY HALL
ADDITION BONDS
2 FOR
3 AGAINST
4 Overvotes
5 Undervotes
1
2......3......4......5
0001 LOMAX ELEMENTARY
129
69
57
0
3
0002 RAKER JR. HIGH SCHOOL
66
46
16
0
2
0003 RIZZUTO ELEMENTARY
147
80
62
1
4
0004 DEWALT SPECIAL SERVICES
85
63
14
1
7
0005 LA PORTE HIGH SCHOOL
202
110
85
2
5
0006 CITY HALL
174
124.....
47......
1......
2
TOTAL
803
494
281
5
23
ELEC. DAY
567
309
234
5
19
EARLY
236
185
47
0
4
We, the undersigned, certify that the above results
are true and correct.
Signed:
FINAL OFFICIAL CANVASS T,L
20:07:55 16—Jan-1999
SALES TAX AND POND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
1 Ballots Cast — TOTAL
PROPOSITION NO. 2 — THE ISSUANCE OF
STATION NO. 4 (SOUTH LA PORTE AREA)
2 FOR
3 AGAINST
4 Overvotes
5 Undervotes
0001 LOMAX ELEMENTARY
0002 BAKER JR. HIGH SCHOOL
0003 RIZZUTO ELEMENTARY
0004 DEWALT SPECIAL SERVICES
0005 LA PORTE HIGH SCHOOL
0006 CITY HALL
TOTAL
ELEC. DAY
EARLY
$750,000 FIRE
REPLACEMENT BONDS
Page 3
1
2......3......4......5
129
88
37
0
4
66
54
10
0
2
147
98
45
0
4
85
62
12
2
9
202
139
58
0
5
174
140.....29......I......4
803
581
191
3
28
567
381
160
3
23
236
200
31
0
5
We, the undersigned, certify that the above results
are true and correct.
Signed:
vmt-L
FINAL. OFFICIAL CANVASS TOTAL Page 4
20:07:55 16-Jan-1999
SALES TAX AND BOND ELECTIONS
CITY OF LA PORTE, TEXAS
JANUARY 16, 1999
1 Ballots Cast - TOTAL
PROPOSITION NO. 3 - THE ISSUANCE OF
$750,000 FIRE
STATION NO. 3 (LOMAX AREA) REPLACEMENT BONDS
2 FOR
3 AGAINST
4 Overvotes
5 Undervotes
1
2......3......4......5
0001 LOMAX ELEMENTARY
129
91
35
0
3
000E BAKER JR. HIGH SCHOOL
66
53
18
0
1
0003 RIZZUTO ELEMENTARY
147
94
49
0
4
0004 DEWALT SPECIAL SERVICES
85
61
13
1
10
0005 LA PORTE HIGH SCHOOL
202
129
68
0
5
0006 CITY HALL
174
131.....40......0......3
TOTAL
803
559
217
1
26
ELEC.DAY
567
361
184
1
21
EARLY
236
198
33
0
5
We, the undersigned, certify that the above results
are true and correct.
Signed:
FINAL, OFFICIAL CANVASS TEAL . Page 5
20:07:55 16—Jan-1999
SALES TAX AND POND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
1 Ballots Cast — TOTAL
PROPOSITION NO. 4 — THE ISSUANCE
OF $675,000 FIFTH
STREET REPAVING BONDS
2 FOR
3 AGAINST
4 Overvotes
5 Undervotes
1
2......3......4......5
0001 LOMAX ELEMENTARY
129
58
66
0
5
0002 BAKER JR. HIGH SCHOOL
66
42
22
0
2
0003 RIZZUTO ELEMENTARY
147
65
76
0
6
0004 DEWALT SPECIAL SERVICES
85
61
17
1
6
0005 LA FORTE HIGH SCHOOL
202
61
135
0
6
0006 CITY HALL
174
84.....
84......
0......
6
TOTAL
803
371
400
1
31
ELEC.DAY
567
224
317
1
25
EARLY
236
147
83
0
6
We, the undersigned, certify that the above results
are true and correct.
Signed:
C
FINAL. OFFICIAL CANVASS TOAL Page 6
20:07:55 16—Jan-1999
SALES TAX AND BOND ELECTIONS
CITY OF LA FORTE, TEXAS
JANUARY 16, 1999
1 Ballots Cast — TOTAL
PROPOSITION NO. 5 — THE ISSUANCE OF
$250,000 SAN
JACINTO
SWIMMING FOOL REPLACEMENT BONDS
2 FOR
3 AGAINST
4 Overvotes
5 Undervotes
0001 LOMAX ELEMENTARY
129
71
54
0
4
0002 BAKER JR. HIGH SCHOOL
66
43
19
0
4
0003 RIZZUTO ELEMENTARY
147
84
60
0
3
0004 DEWALT SPECIAL SERVICES
85
62
12
1
10
0005 LA PORTE HIGH SCHOOL
202
128
70
0
4
0006 CITY HALL
174
120.....50......0......4
TOTAL
803
508
265
1
29
ELEC.DAY
567
319
222
1
25
EARLY
236
189
43
0
4
We, the undersigned, certify that the above results
are true and correct.
Signed:
ACKNOWLEDGMENT OF NOTICE OF SPECIAL MEETING
The undersigned officer or member of the City Council of the City of La Porte, Texas hereby
acknowledges and certifies that he was duly and sufficiently notified officially and personally, in advance,
of the time, place, and purpose of the Special Meeting of said City Council which was held at the regular
designated meeting place in said City on the l9th day of January, 1999, and that an
ORDINANCE CANVASSING ELECTION RETURNS
would be introduced and considered for passage at said Special Meeting and that he consented, in
advance to the holding of said Special Meeting for such purpose.
SIGNED this0J--,.-,,{ T•
REOUES FOR CITY COUNCIL AGENDA
Agenda Date Requested: January 19, 1999
11
Requested By: J. L. Sease Department: Fire
X Report Resolution Ordinance
Exhibits: Copies of Signature Pages
Complete document is available in City Secretary's Office
SUNIlVIARY & RECOMMENDATION
The Channel Industries Mutual Aid organization (CIMA), of which we are a long standing member, due to legal
issues has spent the last several years writing a new Bylaws and Member Services agreement.. These Bylaws and
service agreement out fine the purpose, membership requirements, reimbursement, and indemnification of the
organization's members.
The City Attorney has reviewed the contracts and has approved our signing with one stipulation of an added page
detailing the City of La Porte's position on reimbursement. This page is attached for your review.
The most significant requirement within this agreement is the requirement for reimbursement of material used ,
and repair or replacement of equipment damaged or lost. This requirement is for the member initiating the call to
CIMA. The additional page provides that reimbursement by the City is approved by City Council.
Action Required by Council:
Approve the City Manager signing the Bylaws, Member Service Agreement, and Reimbursement
Stipulation.
Availability of Funds: N/A
_ General Fund_ Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: YES NO
Approved for City Council Agenda
T. t-►4-99
Robert T. Herrera Date
City Manager
ORDINANCE NO. 9 9 - 2 3 0 8
AN ORDINANCE APPROVING AND AUTHORIZING A MEMBER SERVICES AGREEMENT
BETWEEN THE CITY OF LA PORTE AND CHANNEL INDUSTRIES MUTUAL AID, AND
APPROVING AMENDMENTS TO THE BYLAWS OF CHANNEL INDUSTRIES MUTUAL
AID; MAKING VARIOUS FIND)[NGS 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, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
u
C
NO. 99'2308
PASSED AND APPROVED, this 19th day of January, 1999.
CITY OF LA PORTE
r
By:
rman Malo
rte-.-
mayor
ATTEST:
c
artha A. Gillett
City Secretary
City Attorney
PAGE 2
CIMA MEMBER SEES AGREEMENT •
Approved At CIMA G eral Membership Meeting - 4/23/97
CIMA MEMBER SERVICES AGREEMENT
THIS SERVICES AGREEMENT ("Services Agreement") is made as of the 23rd
day of April, 1997, by and between the undersigned Member ("Member" or
"CIMA Member") and Channel Industries Mutual Aid Organization ("CIMA" or
"CIMA Corporation), a Texas non-profit corporation.
RECITALS
A. CIMA is an organization whose primary purpose is the joining
together of fire -fighting, rescue, hazmat, and emergency medical manpower and
facilities among Houston Ship Channel industries for mutual assistance in case
of emergency situations — either natural or man-made, including but not limited to
acts of war or terrorism.
B. The Members of CIMA include companies that produce, transport,
own, use, refine and/or store chemical, oil, and/or petroleum products in or near
the Houston Ship Channel. The Members of CIMA also include municipalities
and governmental entities.
C. The Member is a Member of CIMA and as a Member of the CIMA
Corporation is entitled and obligated to enter into this Agreement.
D. The Member desires to contract with CIMA to provide standby
availability of, and the actual provision of, assistance with respect to emergency
fire protection and other'public safety matters on the terms and conditions set
forth herein.
AGREEMENTS
In consideration of the premises and mutual covenants set forth in this
Agreement, the parties hereto agree as follows:
ARTICLE U
DEFINITIONS
As used in this Agreement, the following terms shall have the following
meanings:
"Articles of Incorporation" and "Bylaws" shall mean the Articles of
Incorporation and the Bylaws of the CIMA Corporation that are in effect and will
be amended from time to time.
CIMA MEMBER SEIES AGREEMENT
Approved At CIMA Gfflgral Membership Meeting - 4/23/97 10
The term "CIMA" or "CIMA Corporation" as used herein means Channel
Industries Mutual Aid Organization, its successors, assigns, agents, employees,
officers, and directors. These terms do not include the individual members of
CIMA which are referred to variously as: "Member," "Member of CIMA," and
"CIMA Member."
"DEFEND" MEANS TO: (1) PROVIDE LEGAL COUNSEL AND
DEFENSE TO THE CIMA CORPORATION AND THE CIMA
MEMBER(S), OR AT THE CIMA CORPORATION'S AND THE CIMA
MEMBER(S)' OPTION, TO REIMBURSE THE CIMA CORPORATION
AND THE CIMA MEMBER(S) FOR ALL REASONABLE ATTORNEYS
FEES GENERATED BY COUNSEL SELECTED BY THE CIMA
CORPORATION AND THE CIMA MEMBER(S); AND (2) TO PAY ALL
OTHER COSTS OF DEFENSE: INCLUDING ALL APPEAL AND
SUPERSEDEAS BONDS.
The term "Member" or "CIIVIA Member" as used herein shall include any
affiliate of a CIMA Member that is owned by, which owns, or is under common
ownership with that CIMA Member. Any affiliate which shall at anytime cease to
own, be owned by, or be under common ownership with the CIMA Member shall
cease at such time to be an affiliate of that Member.
"Non-member" shall mean any company which is not a Member of the
CIMA Corporation or a party to this Services Agreement.
ARTICLE la
2.1 Term. The term of this Agreement shall begin on the effective date
hereof and end on December 31, 1997, and, thereafter, the term shall be
renewed automatically, without notice, for successive one-year terms beginning
on each January 1 and ending on each December 31, unless earlier terminated
pursuant to Sections 2.2 and 2.4
2.2 Termination Upon Termination of Membership. This Agreement shall
terminate, without notice, automatically and concurrently upon the effective date
the Member ceases to be a Member of CIMA as provided in CIMA's Articles of
Incorporation and Bylaws.
2.3 Failure to Satisfy Financial Requirements. At the time of the execution
of this Services Agreement and at anytime thereafter upon demand by CIMA
Corporation, each CIMA Member shall furnish written evidence of its compliance
with the financial requirements described in Section 5.6 of this Services
Agreement in a format acceptable to CIMA. Failure to provide satisfactory
2
CIMA MEMBER SEES AGREEME14T •
Approved At CIMA General Membership Meeting - 4/23/97
written proof shall give CIMA Corporation the absolute right to cancel CIMA
Member's membership in CIMA Corporation and CIMA Member's rights and
responsibilities under this Services Agreement.
2.4 Termination Upon Dissolution of CIMA. This Agreement shall
terminate without notice, automatically and concurrently upon dissolution of
CIMA.
ARTICLE III
SERVICES
3.1 General. CIMA's object is the joining together of fire -fighting, rescue,
hazmat, and emergency medical manpower and facilities among Houston Ship
Channel industries for mutual assistance in case of emergency situations —
either natural or man-made, including but not limited to acts or war or terrorism.
Each Member of CIMA is responsible for maintaining resources in the form of
emergency personnel and equipment sufficient to control fire and emergencies of
the type and magnitude reasonable to anticipate occurring at the Member's
facility.
3.2 Designated Emergencies - Notification. In the event of an actual or
potential fire or emergency situation, if a CIMA Member desires additional
emergency personnel and equipment, then the Member shall promptly notify
CIMA of the actual or potential fire or emergency situation using the CIMA
General Operating Procedures and CIMA Dispatch Procedures. The notification
shall include the location, nature and size of the actual or potential fire or
emergency situation, if known, and the type of assistance needed. The initial
notification may be oral. CIMA Corporation shall retain documentation
concerning the request for assistance.
3.3 Designated Emergencies - Response. Upon receipt of the notice,
C1W. (or one or more of its officers) should notify appropriate officials and CIMA
Member(s) according to prearranged plans. All aid reporting to the affected plant
or location will park as directed by the plant guards or officials and will act
directly under the supervision of the officials of that plant or location. In all cases
where response is made, the assistance must wait at the entrance of such plant
or location until it receives instructions to enter.
3.4 Designated Emergencies - Participation Voluntary. There is no
obligation on any CIMA Member to contribute equipment or manpower to any .
particular emergency. Participation in any particular emergency is wholly
voluntary based on the needs and availability of a CIMA Member to respond.
Thus, there is no liability on a COMA Member for failing to respond to an
CIMA MEMBER SEES AGREEMENT ,
Approved At CIMA Ge eral Membership Meeting - 4/23/97
emergency situation at another CIMA Members facility under this Services
Agreement.
3.5 Designated Emergencies - Activity Direction. Any CIMA Member
requesting -aid must designate a representative to meet such aid as is
dispatched, provide a parking location, and/or directions to the emergency
scene. To receive aid, CIMA Members' emergency plans or supplement to such
emergency plans, must contain the provisions specified in the CIMA Operating
Procedures. Officials of the CIMA Member receiving assistance will be
responsible for directing fire fighting or emergency activities. Officials of the
CIMA Member receiving assistance may request the CIMA Specialist Group to
provide consultation, advice, or otherwise assist as needed.
ARTICLE IV
REIMBURSEMENT
4.1 MEMBER REIMBURSEMENT. Each Member receiving
assistance from other CIMA Members, shall replace material used, and repair or
replace any equipment damaged or lost, in the control of a fire or emergency
situation within the receiving Member's facilities or on property under the control
of the Member receiving assistance (such as leased warehouse space), in kind
or in cash at current prices; provided that, the material and/or equipment was
furnished by other CIMA Members in response to a properly placed request
under Section 3.2. REIMBURSEMENT OF DAMAGED OR LOST
EQUIPMENT IS REQUIRED WITHOUT REGARD TO THE CAUSE OR
CAUSES THEREOF (INCLUDING DAMAGE OR LOSS CAUSED BY
PRE-EXISTING CONDITIONS, OR THE NEGLIGENCE OF ANY
PARTY OR PARTIES, INCLUDING THE OWNER OR OPERATOR,
WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR
CONCURRENT, ACTIVE OR PASSIVE.
4.2 Reimbursement Definition. Damage to and loss of equipment refers
to damage and loss as a result of the emergency situation rather than from the
wear and tear expected in the normal operation of the equipment. The owner of
damaged or lost equipment is entitled to replacement of the equipment if repair
of the equipment is not feasible for economic or other reasons. The cost of
replacement in that circumstance will be the current cost, in the Greater Houston
Metropolitan Area, of new equipment with specifications similar to that of the
equipment to be replaced. The current cost of new, similar equipment is to be
determined as of the date of the damage or loss that necessitates the
replacement of the equipment.
CIMA MEMBER SEES AGREEMENT ,
Approved At CIMA General Membership Meeting - 4/23/97
4.3 REIMBURSEMENT BY MUNICIPALITIES,
GOVERNMENTAL ENTITIES, AND FIRE DEPARTMENTS - From time
to time, municipalities, governmental entities, and fire departments (municipal or
otherwise), who are CIMA Members, in the event of an.actual or potential fire or
emergency situation at a Non-CIMA Member's facility or involving a Non-CIMA
Member's property (such as a tanker truck fire on a public street), will request
additional emergency personnel and equipment from CIMA to respond to the fire
or emergency situation. In the event the Non-CIMA Member refuses to execute
the CIMA NON-MEMBER EMERGENCY INCIDENT ASSISTANCE AND
REIMBURSEMENT AND INDEMNIFICATION AGREEMENT, the municipality,
governmental entity, or fire department (municipal or otherwise) is responsible
for replacing material used, and repairing or replacing any equipment damaged
or lost, in the control of the fire or emergency situation within the receiving Non-
CIMA Member's facilities or involving a Non-CIMA Member's property (such as a
tanker truck fire on a public street), in kind or in cash at current prices.
REIMBURSEMENT OF DAMAGED OR LOST EQUIPMENT IS
REQUIRED WITHOUT REGARD TO THE CAUSE OR CAUSES
THEREOF (INCLUDING DANIAGE OR LOSS CAUSED BY PRE-
EXISTING CONDITIONS) OFt THE NEGLIGENCE OF ANY PARTY OR
PARTIES INCLUDING THE -OWNER OR OPERATOR, WHETHER
SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE
OR PASSIVE. REIMBURSEAl1ENT IS DEFINED IN SECTION 4.2.
REIMBURSEMENT BY THE IMUNICIPALITY, GOVERNMENTAL
ENTITY, OR FIRE DEPARTMENT IS NOT CONTINGENT UPON
REIMBURSEMENT BY THE NON-CIMA MEMBER TO THE
MUNICIPALITY, GOVERNMENTAL ENTITY, OR FIRE
DEPARTMENT.
4.4 SURVIVABILITY. ALL PROVISIONS CONCERNING
REIMBURSEMENT OBLIGATIONS UNDER THIS AGREEMENT
SHALL SURVIVE THE TERMIINATION DATE.
4.5 GROSS NEGLIGENCE, WILLFUL MISCONDUCT. THE
REIMBURSEMENT PROVISIONS OF SECTIONS 4.1 AND 4.3 ARE
INAPPLICABLE TO THE EXTENT THAT MATERIAL OR EQUIPMENT
IS DAMAGED OR LOST BY REASON OF GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT.
5
CIMA MEMBER SER*S AGREEMENT •
Approved At CIMA General Membership Meeting - 4/23/97
ARTICLE M
INDEMNIFICATION
5.1 MEMBER INDEMNIFICATION. EACH MEMBER
RECEIVING ASSISTANCE FROM OTHER CIMA MEMBERS, SHALL
INDEMNIFY, DEFEND AND HOLD HARMLESS (A) CIMA; AND (B)
EACH AND EVERY CIMA MEMBER AND THE AGENTS,
DIRECTORS, OFFICERS AND EMPLOYEES THEREOF PROVIDING
ASSISTANCE (BOTH (A) ANID (B) HEREINAFTER "INDEMNIFIED
PARTIES"). FROM AND AGAINST ANY AND ALL DEMANDS,
CAUSES OF ACTION, DAMAGES, INJURIES, FINES (INCLUDING
PENALTIES OR OTHER CHARGES OR COSTS IMPOSED BY ANY
FEDERAL, STATE OR LOCAL. AUTHORITY). LIABILITY, ATTORNEY
FEES, LITIGATION COSTS AND EXPENSES, AND LOSSES OF ANY
KIND OR CHARACTER FOR SICKNESS OR INJURY TO OR DEATH
OF ANY PERSON (INCLUDING ANY EMPLOYEE), AND FOR LOSS
OR DAMAGE TO ANY PROPERTY OWNED OR OPERATED BY CIMA
CORPORATION, A CIMA MEMBER, OR ANY OTHER PERSON OR
ENTITY (INCLUDING ANY EQUIPMENT AND ANY NATURAL
RESOURCES) RESULTING DIRECTLY OR INDIRECTLY FROM THE
RECEIVING MEMBERS, USE OF EQUIPMENT OR EMPLOYEES OR
FROM THE RESPONSE ACTIONS UNDERTAKEN BY OTHER CIMA
MEMBERS.
THIS INDEMNIFICATION IS APPLICABLE TO ALL EVENTS
OCCURRING: (1) ON THE ACTUAL PROPERTY OF THE MEMBER
RECEIVING ASSISTANCE Olt (2) ON PROPERTY UNDER THE
COW ROL OF THE MEMBER RECEIVING ASSISTANCE (SUCH AS
LEASED WAREHOUSE SPACE). DEMANDS, CAUSES OF ACTION,
DAMAGES, INJURIES, FINE:;. LIABILITY, LOSSES OF ANY KIND
OR CHARACTER FOR SICKNESS OR DEATH OF ANY PERSON
(INCLUDING ANY EMPLOYEE). AND FOR LOSS OR DAMAGE TO
ANY PROPERTY OCCURRING OFF OF THE ACTUAL PROPERTY OF
THE MEMBER RECEIVING ASSISTANCE OR OFF OF PROPERTY
UNDER THE CONTROL OF THE MEMBER RECEIVING
ASSISTANCE, WILL BE GOVERNED BY COMMON LAW.
CIMA MEMBER SERV&S AGREEMENT •
Approved At CIMA Ge 1 Membership Meeting - 4/23/97
5.2 GROSS NEGLIGENCE, WILLFUL MISCONDUCT,
CRIMINAL LAW. EACH MEMI3ER AGREES THAT THE
INDEMNITIES PROVIDED FOR IN THIS SERVICES AGREEMENT
SHALL BE EFFECTIVE REGARDLESS OF THE NEGLIGENT ACTS
OR OMISSIONS OF THE INDEMNIFIED PARTIES WHETHER SUCH
NEGLIGENCE BE SOLE, JOINIT OR CONCURRENT, ACTIVE OR
PASSIVE AND REGARDLESS OF WHETHER LIABILITY WITHOUT
FAULT IS IMPOSED ON THE IINDEMNIFIED PARTIES, EXCEPT TO
THE EXTENT THAT LIABILITY ARISES BY REASON OF THE
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE
INDEMNIFIED PARTIES. IN ADDITION, NO MEMBER SHALL BE
LIABLE TO ANY INDEMNIFIED PARTY FOR ANY CLAIMS OR
PENALTIES ARISING OUT OF OR RESULTING FROM THE
INTENTIONAL VIOLATION OF ANY CRIMINAL LAW.
5.3 Insurance. Each Member also covenants and agrees that the
indemnity and hold harmless provisions are not limited, restricted, or in any way
affected by the amount of insurance carried by the indemnifying Member.
5.4 Non-member Indemnification. Prior to the provision of services or
release of equipment and material, LIMA or any CIMA Member(s) shall obtain or
attempt to obtain indemnification similar to the indemnification provisions of this
Article from any Non-member in connection with the receipt of services.
5.5 SURVIVABILITY. AL.L INDEMNITIES MADE BY THE
MEMBER UNDER THIS AGREEMENT SHALL SURVIVE THE
TERMINATION DATE.
5.6 Financial Requirements for Members. Each Member, excluding a
municipality or government agency or entity, hereby warrants that it is capable of
meeting the financial obligations associated with the indemnification referenced
in this section by having in place and keeping in place at all times during the
Member's participation in CIMA one of the following:
(a) Liability insurance coverage (in any combination of primary
or umbrella or excess liability policy) with a third -party insurer in an amount not
less than $10,000,000 (ten million dollars/U.S.) per occurrence; or
(b) Net worth in an amount not less than $20,000,000 (twenty
million dollars/U.S.).
CIMA MEMBER SEFIOES AGREEMENT •
Approved At CIMA General Membership Meeting - 4123/97
5.7 Financial Requirement Notification. If any of the financial
requirements described in Section 5.6 are canceled or changed in any way so as
not to satisfy the financial requirements of Section 5.6, then notice will be given
in writing by the CIMA Member to the CIMA Corporation or its agents within thirty
days in advance of the cancellation or change.
ARTICLE VI
COMPLIANCE WITH LAWS AND REGULATIONS
The CIMA Corporation shall comply with all laws, regulations, decrees,
codes, ordinances, resolutions and other acts of any governmental authority,
including without limitation, all federal, state or local laws and regulations
particularly as they affect the safety and welfare of CIMA Member employees.
ARTICLE VII
MISCELLANEOUS
7.1 Representatives of the Member. The Representatives(s) of the
Member, appointed from time to time, shall represent the Member in its
communications and transactions with the CIMA Corporation and other Members
under this Services Agreement. The CIMA Corporation and its Members shall
be entitled to rely upon the power and authority of the Representative(s) to
represent and bind the Member in all matters pertaining to this Services
Agreement.
7.2 Amendments. This Services Agreement may not be amended,
modified, supplemented or otherwise altered except pursuant to an approval of a
majority of the Members of the CIMA Corporation. The Member agrees that any
such approval of the Members of the CIMA Corporation shall amend this
Agreement to the extent specified in such approval and be binding on the
Member.
7.3 Governing Law. This Services Agreement shall be governed by, and
construed in accordance with, the laws of the State of Texas.
7.4 Attorneys Fees. In the event that any legal action is instituted
between the parties pertaining to the interpretation or enforcement of the terms
of this Services Agreement, the prevailing party shall be entitled to recover a
reasonable* allowance for attorneys fees and court expenses, to be fixed and
determined by the court in which such action is filed.
8
CIMA MEMI3ER SEES AGREEMENT •
Approved At CIMA General Membership Meeting - 4/23/97
7.5 Notices. Except for initial oral notices relating to requests for
assistance in connection with an emergency, any notice provided for by this
Agreement and any other notice, demand or communication which any Member
may wish to send to another shall be in writing and either delivered to such
Member in person, sent via a nationally recognized express mail service, sent
via facsimile transmission with receipt confirmed, or sent by first-class U.S. mail,
postage prepaid, return receipt requested, and addressed to the Member at such
Member's address as set forth in the records of the Corporation, or to such other
address as any Member shall specify by written notice.
7.6 Procedures Upon Rece:il3t of Notice. Upon receipt of any notice,
statement or other instrument received under any agreement to which the CIMA
Corporation or its Members are parties or pursuant to any claim against the
CIMA Corporation or its Members, CIMA Corporation shall immediately relate the
contents of such notice, statement or other instrument to each CIMA Member in
the same manner in which notices are given under Section 7.5. If the instrument
is one which shall have a material adverse effect upon the CIMA Corporation or
its assets, the CIMA Corporation shall notify each Member by the quickest
communication device reasonably available.
7.7 Severability. If any provision of this Services Agreement or portion
thereof should be declared invalid for any reason, the invalid provisions or
portion thereof shall be deemed omitted' and the remaining terms shall
nevertheless be carried into effect.
7.8 Waiver. The waiver of a breach of any term or condition of this
Services Agreement shall not be deemed to constitute the waiver of any other
breach of the same or any other team or condition.
7.9 Enforcement by Creditors. No provision of this Services Agreement
shall be for the benefit of or enforceable by any creditors of a CIMA Member or
any creditors of the CIMA Corporation.
7.10 Number and Gender. Whenever required by the context, the
singular number shall include the plural, and the masculine or neutral gender
shall include all genders.
7.11 Entire Agreement. This Services Agreement contains the entire
understanding between the parties and supersedes any prior written or oral
agreements between them respecting the subject matter contained herein.
7.12'Assignment: Binding Effect. A CIMA Member may not assign its
rights and obligations under this Services Agreement. Subject to and without
affecting the prohibitions herein with respect to assignment, this Services
N
CIMA MEMBER SEES AGREEMENT •
Approved At CIMA Ge eral Membership Meeting - 4/23/97
Agreement shall be binding on the parties and their respective successors and
assigns.
7.13 Counterparts. This Services Agreement may be executed in any
number of counterparts, each of which when so executed shall be deemed to be
an original, and such counterparts together shall constitute and be one and the
same instrument.
7.14 Non-members. Nothing in this Services Agreement shall entitle any
person or entity not a party to this Services Agreement to institute any claims,
causes of action, remedy, or right of any kind arising out of the operations
conducted pursuant to this Services Agreement.
7.15 Indemnification Provisions Inapplicable to Governmental or Municipal
Entities. All of the provisions of Article V, Indemnification, are inapplicable to
governmental or municipal Members of CIMA.
10
�
s
CI
M
A
CHANNEL
INDUSTRIES
MUTUAL AID
P.O. Box 866 • Deer Park, Texas 77536-0866
Bus. (281) 476-5040 • Fax (281) 476-0280
CHAIRMAN
VICE: CHAIRMAN
SECOND VICE CHAIRMAN
John McHazlett
Rick Deal
Ellis Pellerin
Occidental Chemical Corporation
Lubrizol Corporation
Lyondell Citgo Refining, LP.
P.O. Box 500
P.O. Box 158
P.O. Box 2451
Deer Park, Texas 77536
Deer Park, Texas 77536
Houston, Texas 77252-2451
(281) 476-2928
(281) 884-5362
(713) 321-4354
DATE: March 4, 1999
TO: Joe Sease
City of LaPorte
FROM: Cynthia Gonzales
CIMA Business Office
SUBJECT: CIMA Agreement Acknowledgement
Please find attached a set of your signed Channel Industries Mutual Aid Organization
Acknowledgement of Bylaws and Members Services Agreement for your records.
If you have any questions, please do not hesitate to call me at 281-476-5040.
:cg
Attachment
•
Reimbursement as set out in Article IV of this contract by the City of La
Porte is contingent upon approval by the City of La Porte City Council for
any claims for reimbursement requested by CIMA Members.
Date:.z / 9
IMA Representative
G cOt4 , t • {- Date:
City of La Porte Representative
CIMA MEMBER SEXES AGREEMENT 0
Approved At CIMA General Membership Meeting - 4/23/97
CHANNEL INDUSTRIES MUTUAL AID ORGANIZATION
MEMBER SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Services
Agreement as of the date first above written.
Channel Industries Mutual Aid Organization ("CIMAJ:
Title CA d %o- Of,. dh
Jr -
Date Ab ?If g
Name of the CIMA Member:
Organization C 4c L c. � o� + e
By [signature] Q 7,
Name [printed] chsf,Y4 -T. N ev'rer&
Title _mlLLr%n [a< er
Date 1- 19:65
II
Bylaw Amendments of CAknnel Industries Mutual Aid
Approved At CIMA Gen1V Membership Meeting - 4/23/97
CHANNEL INDUSTRIES MUTUAL AID ORGANIZATION
ACKNOWLEDGMENT OF BYLAWS
I, Rober•1 Tflerreir& [Printed Name], acting on behalf of +e
[Organization], as laapr [Title], have read the Bylaws of Channel
Industries Mutual Aid Organization ("CIMA"), and hereby agree to abide by those Bylaws
that are in effect and will be amended. from time to time.
Signed this the (60- day of '-, J , 199�
Organization n4 V n Qor�e,
By [signature] --A� T.
Name [printed] Rc e-r-[ T H C r re rCL.
Title C iLA
8
April 23, 1997
BYLAWS
OF
CHANNEL INDUSTRIES MUTUAL AID
ARTICLE I
NAME AND PURPOSE
1.1 Name. The name of the corporation is Channel Industries Mutual Aid
(sometimes referred to herein as "CIMA").
1.2 Purpose. The purpose: for which the corporation is organized are as
stated in the Articles and as further described herein:
CIMA is an organization whose primary purpose is the joining together of
fire -fighting, rescue, hazmat, and emergency medical manpower and facilities among
Houston Ship Channel industries for mutual assistance in case of emergency situations
— either natural or man-made, including but not limited to acts of war or terrorism.
Each company participating in this plan must reserve manpower, material,
and equipment for its own protection before releases can be made in an emergency.
This matter is entirely the judgment of the management of each member. No member,
therefore, is obligated by their manpower and equipment listings.
ARTICLE II
MEMBERS
2.1 (a) One Class. There shall be one class of members.
(b) Members Shall Direct Corporation. The direction and management
of the affairs of the corporation and the control and disposition of its assets shall be
vested in the members.
2.2 General Membership Requirements. A prospective member must have
adequate resources to deal with ordinary emergencies which may arise. These will
include but not be limited to:
(a) Adequate water supply
(b) Emergency response organization
(c) Written emergency plan
(d) Adequate communications, equipment and procedure
(e) Any special protective equipment or chemicals
2.3 Conditions of Membership. It is a basic premise of the organization that it
can fulfill its purpose only if the following minimum and basic conditions of membership
are met by the separate members:
(a) Each member agrees to maintain resources in the form of
emergency personnel and equipment sufficient to control fires or emergencies of the
type and magnitude reasonable to anticipate occurring at the member's facility. For
prospective members, the prospective member must have resources in the form of
emergency personnel and equipment sufficient to control fire or emergencies of the
type and magnitude which have occurred in facilities similar to that of the prospective
member in the preceding 5 years.
follows:
Minimum standards for specific types of facilities are determined as
(i) Storage facilities with tankage of flammable or combustible
materials must be capable of providing 25% of the resources to manage the
extinguisl--nent of the single largest atmospheric or low pressure storage tank. NFPA
11, Standard for Low Expansion Foam and Combined Agent Systems, latest edition,
will be utilized for resource determination.
(ii) Process facilities must be capable of providing resources
adequate to manage the extinguishment of a single source process fire or event that is
characteristic of that unit.
Resources must include water supply equipment, water or agent
delivery methods, systems or a combination thereof and an emergency response team.
4/23/97
2
Water supply equipment is defined as fire pump installations and
private fire service mains capable of achieving the required delivery rates.
Water or agent delivery methods or systems include:
Portable hose lines and or monitors,
Mobile fire pumping equipment or apparatus
Fire water spray or sprinkler systems
Foam chambers or spray systems
Dry Chemicals, halon, CO2 or other agent suppression systems
(iii) Emergency Response personnel must be adequately trained
to a level in compliance with all appropriate OSHA rules and regulations. Personnel
must also be properly trained on the CIMA incident command system and other CIMA
standard operating procedures to enable proper coordination between the facility and
responding CIMA personnel.
(b) Each member must design and maintain a written emergency
action plan that complies with all current OSHA rules and regulations. This emergency
plan shall include procedures for activating personnel and equipment within their
facilities.
Included in this emergency plan, or as a supplement to this
emergency plan, each member agrees to provide call procedures and instructions to
properly respond to requests for assistance, and procedures and instructions to
properly rt :ceive aid from CIMA members.
*(c) Each member agrees to appoint a representative and one alternate
representative. At least one representative or designate of each company is expected
to attend all general and respective zone meetings of the organization. Failure to
attend three successive general and/or three successive zone meetings shall be
grounds for being placed on probationary status. Also, senior managers (or their
management representatives) are encouraged to attend CIMA meetings periodically.
4nJ197
3
0 •
(d) A prospective member must be capable of contributing resources
in the form of equipment and personnel to the organization so that CIMA's goal as a
mutual aid cooperative can be sustained.
The ability of a member company to contribute resources should be
in proportion to its potential to request CIMA assistance.
The minimum response capability is considered a four person
emergency response crew consisting of three members and a leader with personal
protective equipment as per the CIMA standard operating procedures. Company -
approved transportation must be provided. Response crews must be available on a 24
hour per day, 7 day per week basis and may be call -out personnel.
(e) Each member agrees to abide by the Standard Operating
Procedures of CIMA, as adopted by the members and modified from time to time.
Moreover, each member agrees to participate in the annual general membership drill or
training session and their respective zone drill to the minimum extent of having one of
their representatives present.
(f) Each member agrees to appoint responsible company officials to
be present, as needed, at all key road blocks during an emergency to assist the law
enforcement officers on duty. These officials should have proper authorization and
identification documents identifying them to the law enforcement officers. Also, some
type of co- nmunications with the plant will be provided at all times. The official must be
familiar with, and have knowledge of, authorized personnel that require admittance to
the plant. This includes company employees and officials, fire -fighting and rescue
personnel, CIMA, and other outside groups called for assistance.
+ (g) Each member agrees to cooperate totally with authorized
inspections by the CIMA Inspection Officers.
a23/9'7
4
(h) REIMBURSEMENT / INDEMNIFICATION
(i) INTENT - The object of CIMA is the joining together of fire-
fighting, rescue, hazmat, and emergency medical manpower and facilities among
Houston Ship Channel industries for mutual assistance in case of emergency situations
-- either natural or man-made, including but not limited to acts of war or terrorism. THE
INTENT OF CIMA IS THAT THE MEMBER RECEIVING ASSISTANCE
FROM OTHER CIMA MEMBERS, SHALL: (1) replace material used, and repair
equipment damaged or lost, in the control of a fire or emergency situation within the
receiving Member's facilities or on property under the control of the Member receiving
assistance (such as leased warehouse space), in kind or in cash at current prices;
provided that, the material and/or equipment was furnished by other CIMA Members in
response to a properly placed request under Section 3.2 of the CIMA Member Services
Agreement; and (2) INDEMNIFY. DEFEND, AND HOLD HARMLESS CIMA
CORPORATION AS WELL AS EACH AND EVERY CIMA MEMBER AND
THE AGENTS, DIRECTORS, OFFICERS AND EMPLOYEES THEREOF
PROVIDING ASSISTANCE, FROM AND AGAINST ANY AND ALL
DEMANDS, CAUSES OF ACTION, DAMAGES, INJURIES, FINES
(INCLUDING PENALTIES OR OTHER CHARGES OR COSTS IMPOSED BY
ANY FEDERAL, STATE OR LOCAL AUTHORITY), LIABILITY, ATTORNEY
FEES, L'TIGATION COSTS AND EXPENSES, AND LOSSES OF ANY KIND
OR CHARACTER FOR SICKNESS OR INJURY TO OR DEATH OF ANY
PERSON (INCLUDING ANY EMPLOYEE), AND FOR ANY LOSS OR
DAMAGE TO ANY PROPERTY OWNED OR OPERATED BY CIMA
CORPORATION, A CIMA MEMBER, OR ANY OTHER PERSON OR ENTITY
(INCLUDING ANY EQUIPMENT AND ANY NATURAL RESOURCES)
RESULTING DIRECTLY OR INDIRECTLY FROM THE RECEIVING
4/23/97
5
MEMBER'S USE OF EQUIPMENT OR EMPLOYEES OR FROM THE
RESPONSE ACTIONS UNDERTAKEN BY OTHER CIMA MEMBERS.
(H) REIMBURSEMENT - Each Member receiving assistance
from other CIMA Members, shall replace material used, and repair or replace any
equipment damaged or lost, in the control of a fire or emergency situation within the
receiving Member's facilities or on property under the control of the Member receiving
assistance (such as leased warehouse space), in kind or in cash at current prices;
provided that, the material and/or equipment was furnished by other CIMA Members in
response to a properly placed request under Section 3.2 of the CIMA Member Services
Agreement. REIMBURSEMENT OF DAMAGED OR LOST EQUIPMENT IS
REQUIRED WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF
(INCLUDING DAMAGE OR LOSS CAUSED BY PRE-EXISTING
CONDITIONS) OR THE NEGLIGENCE OF ANY PARTY OR PARTIES,.
INCLUDING THE OWNER OR OPERATOR, WHETHER SUCH
NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE.
THIS REIMBURSEMENT PROVISION IS INAPPLICABLE TO THE EXTENT
THAT MATERIAL OR EQUIPMENT IS DAMAGED OR LOST BY REASON
OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Damage to and loss of equipment refers to damage and loss as a
result of tl a emergency situation rather than from the wear and tear expected in the
normal operation of the equipment. The owner of damaged or lost equipment is entitled
to replacement of the equipment if repair of the equipment is not feasible for economic
or other reasons. The cost of replacement in that circumstance will be the current cost,
in the Greater Houston Metropolitan Area, of new equipment with specifications similar
to that of the equipment to be replaced. The current cost of new, similar equipment is
to be determined as of the date of the damage or loss that necessitates the
replacement of the equipment.
4/23/97
6
ALL REIMBURSEMENT OBLIGATIONS MADE BY THE
MEMBER UNDER THE CIMA-MEMBER SERVICES AGREEMENT SHALL
SURVIVE THE TERMINATION DATE.
;�- (Ili) REIMBURSEMENT BY MUNICIPALITIES,
GOVERNMENTAL ENTITIES, A14D FIRE DEPARTMENTS - From time to time,
municipalities, governmental entities, and fire departments (municipal or otherwise),
who are CIMA Members, in the event of an actual or potential fire or emergency
situation at a Non-CIMA Member's facility or involving a Non-CIMA Member's property
(such as a tanker truck fire on a public; street), will request additional emergency
personnel and equipment from CIMA -to respond to the fire or emergency situation. In
the event the Non-CIMA Member refuses to execute the CIMA NON-MEMBER
EMERGENCY INCIDENT ASSISTANCE AND REIMBURSEMENT AND
INDEMNIFICATION AGREEMENT, the municipality, governmental entity, or fire
department (municipal or otherwise) is responsible for replacing material used, and
repairing or replacing any equipment damaged or lost, in the control of the fire or
emergency situation within the receiving Non-CIMA Member's facilities or involving a
Non-CIMA Member's property (such as a tanker truck fire on a public street), in kind or
in cash at current prices. REIMBURSEMENT OF DAMAGED OR LOST
EQUIPMENT IS REQUIRED WITHOUT REGARD TO THE CAUSE OR
CAUSES THEREOF (INCLUDING DAMAGE OR LOSS CAUSED BY PRE-
EXISTING CONDITIONS) OR THE NEGLIGENCE OF ANY PARTY OR
PARTIES INCLUDING THE OWNER OR OPERATOR. WHETHER SUCH
NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE.
REIMBURSEMENT BY THE MUNICIPALITY, GOVERNMENTAL ENTITY,
OR FIRE DEPARTMENT IS NOT CONTINGENT UPON REIMBURSEMENT
BY THE NON-CIMA MEMBER TO THE MUNICIPALITY, GOVERNMENTAL
ENTITY, OR FIRE DEPARTMENT. THIS REIMBURSEMENT PROVISION
4/23/97
IS INAPPLICABLE TO THE EXTENT THAT MATERIAL OR EQUIPMENT IS
DAMAGED OR LOST BY REASON OF GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT.
Damage to and loss of equipment refers to damage and loss as a
result of the emergency situation rather than from the wear and tear expected in the
normal operation of the equipment. The owner of damaged or lost equipment is entitled
to replacement of the equipment if repair of the equipment is not feasible for economic
or other reasons. The cost of replacement in that circumstance will be the current cost,
in the Greater Houston Metropolitan Area, of new equipment with specifications similar
to that of the equipment to be replaced. The current cost of new, similar equipment is
to be determined as of the date of the damage or loss that necessitates the
replacement of the equipment.
ALL REIMBURSEMENT OBLIGATIONS MADE BY THE
MUNICIPALITY, GOVERNMENTAL ENTITY, OR FIRE DEPARTMENT
UNDER THE CIMA MEMBER SERVICES AGREEMENT SHALL SURVIVE
THE TERMINATION DATE.
(iv) INDEMNIFICATION - EACH MEMBER RECEIVING
ASSISTANCE FROM OTHER CIMA MEMBERS, SHALL INDEMNIFY,
DEFEND AND HOLD HARMLESS (A) CIMA CORPORATION; AND (B)
EACH AND EVERY CIMA MEMBER AND THE AGENTS, DIRECTORS,
OFFICERS, AND EMPLOYEES THEREOF PROVIDING ASSISTANCE,
FROM AND AGAINST ANY AND ALL DEMANDS, CAUSES OF ACTION,
DAMAGES, INJURIES, FINES (INCLUDING PENALTIES OR OTHER
CHARGES OR COSTS IMPOSED, BY ANY FEDERAL, STATE OR LOCAL
AUTHORITY). LIABILITY, ATTORNEY FEES, LITIGATION COSTS AND
EXPENSES, AND LOSSES OF ANY KIND OR CHARACTER FOR
SICKNESS OR INJURY TO OR DEATH OF ANY PERSON (INCLUDING
V23/97
8
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ANY EMPLOYEE) AND FOR LOSS OR DAMAGE TO ANY PROPERTY
OWNED OR OPERATED BY CIMA CORPORATION, A CIMA MEMBER, OR
ANY OTHER PERSON OR ENTITY (INCLUDING ANY EQUIPMENT AND
ANY NATURAL RESOURCES) RESULTING DIRECTLY OR INDIRECTLY
FROM THE RECEIVING MEMBER'S USE OF EQUIPMENT OR
EMPLOYEES OR FROM THE RESPONSE ACTIONS UNDERTAKEN BY
OTHER CIMA MEMBERS.
THIS INDEMNIFICATION IS APPLICABLE TO ALL
EVENTS OCCURRING: (1) ON THE ACTUAL PROPERTY OF THE
MEMBER RECEIVING ASSISTANCE OR (2) ON PROPERTY UNDER THE
CONTROL OF THE MEMBER RECEIVING ASSISTANCE (SUCH AS
LEASED WAREHOUSE SPACE). DEMANDS, CAUSES OF ACTION,
DAMAGES, INJURIES, FINES, LIABILITY, LOSSES OF ANY KIND OR
CHARACTER FOR SICKNESS OR DEATH OF ANY PERSON (INCLUDING
ANY EMPLOYEE). AND FOR LOSS OR DAMAGE TO ANY PROPERTY
OCCURRING OFF OF THE ACTUAL PROPERTY OF THE MEMBER
RECEIVING ASSISTANCE OR OFF OF PROPERTY UNDER THE CONTROL
OF THE MEMBER RECEIVING ASSISTANCE, WILL BE GOVERNED BY
COMMON LAW.
EACH CIMA MEMBER AGREES THAT THE
INDEMNITIES PROVIDED FOR IN THESE BY-LAWS AND IN THE
SERVICES AGREEMENT SHALL BE EFFECTIVE REGARDLESS OF THE
NEGLIGENT ACTS OR OMISSIONS OF CIMA CORPORATION OR ANY
CIMA MEMBER WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR
CONCURRENT, ACTIVE OR PASSIVE, AND REGARDLESS OF WHETHER
LIABILITY WITHOUT FAULT IS IMPOSED ON CIMA CORPORATION OR
ANY CIMA MEMBER, EXCEPT TO THE EXTENT THAT LIABILITY ARISES
4/23/97
BY REASON OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN
ADDITION, NO MEMBER SHALL BE LIABLE TO CIMA CORPORATION OR
ANY CIMA MEMBER FOR ANY CLAIMS OR PENALTIES ARISING OUT 'OF
OR RESULTING FROM THE INTENTIONAL VIOLATION OF ANY
CRIMINAL LAW.
Each CIMA Member also convenants and agrees that the
indemnity and hold harmless provisions are not limited, restricted, or in any way
affected by the amount of insurance carried by the indemnifying Member.
ALL INDEMNITIES MADE BY THE MEMBER UNDER THE
CIMA MEMBER SERVICES AGREEMENT SHALL SURVIVE THE
TERMINATION DATE.
;� (i) Each member agrees to establish effective radio communication on
the CIMA Radio System. Effective radio communications are defined as follows:
(i) Each facility or organization must have a CIMA radio
monitored 24 hour per day, 7 days per week basis by plant or organization personnel.
(ii) Every emergency response vehicle or crew leader
responding to a CIMA assistance call must have a mobile or portable radio.
(iii) All CIMA radio equipment must meet CIMA Radio System
specifications established by the Communications Officer.
Accepted new CIMA members are required to pay a one-time
CIMA Radio System installation fee ($1,947.00).
+ 0) Each member agrees to pay annual membership dues. The
amount of dues may be changed by a- majority vote of members present at a general
meeting. Annual membership dues shall be paid in full by the February general
membership meeting. Any member not paid in full, by the following April general
membership meeting shall be automatically dropped as a member from the CIMA
organization. Invoices for dues will be distributed with the minutes of the December
4n3/97
10
general membership meeting. Governmental agencies, except municipal fire
departments, are considered standing agencies and therefore exempt from the annual
dues.
t (k) Each member agrees to utilize the CIMA Incident Command
System ("ICS") for incidents where a Special Call, Standby or Alarm List Activation has
been issued. Members are encouraged to utilize the CIMA ICS, as much as possible,
for control of non-CIMA incidents in the member's facility/area of jurisdiction.
(1) Each member agrees to pre -plan annually the response of
resources to the facility utilizing the CIMA Alarm List.
(m) An existing member who has not had an emergency in the previous
two years, nor requested CIMA assistance in the previous five years, may request a
special exemption from these Section 2.3 Conditions of Membership, paragraph (d). In
addition, a member who cannot provide the required level of response, but can provide
another vital service to CIMA must propose to the Chairman that it provide such service
in lieu of providing the required level of response capability. The Chairman shall
determine the necessity and validity of the service to CIMA and proceed to request an
approval by the respective Zone Members and the Steering Committee. Special
exempt facilities will be evaluated as follows:
(i) Every 5 years the facility will be assessed to determine
compliant a with exemption standards.
(ii) Should an exempt member request CIMA assistance, such
member's qualifications for exemption will be reassessed.
The Chairman will direct evaluation efforts and present a report to
the Steering Committee and the respective Zone Members.
'i (n) MEMBERS WHICH ARE. LOCAL LAW ENFORCEMENT
AGENCIES, FIRE DEPARTMENTS (MUNICIPAL OR OTHERWISE), AND
OTHER EMERGENCY RESPOIVSE AGENCIES MUST ONLY COMPLY
arz3/97
11
• 9
WITH SUBSECTIONS (b). (c), (e), (g), (h)(Hil). (1). (j), (k), (n) AND (o) OF
THIS SECTION. [SIRE DEPARTMENTS. MUNICIPAL OR OTHERWISE.
SHALL COMPLY ALSO WITH SUBSECTIONS (a)(Hil). (d) AND (1).
-f (o) A prospective member must: (1) submit a signed statement
acknowledging that it has read the Bylaws and agrees to abide by them; and (2)
execute the Member Services Agreement and return both documents to CIMA prior to
approval as a new member.
Existing members shall have six months to: (1) provide the signed
statement executing the Bylaws; and (2) execute the Member Services Agreement.
Both documents shall be returned to CIMA within six months as of the date this
condition of membership is adopted.
Section 2.4. Voting Procedures. Voting on issues at CIMA meetings will be by
show of hands of the designated representative or alternate from each member. A
simple majority of those voting members present shall decide the issue. Secret ballots
may be used at the discretion of the officers, or whenever requested from the floor and
approved by a majority vote. When ballot voting is conducted, the Secretary shall
distribute a single ballot to each member establishment, and ensure a 'one member -
one vote" system.
Matters of organization, procedures, or policy must appear on the prepublished
meeting a )enda to be voted on at the meeting.
Section 2.5 Admission of Members. The following steps are required for
admission to CIMA:
(a) Written Application. The prospective organization must submit to
the Chairman a written application for membership.
(b) Pre -Inspection Consent. A pre -inspection consent form will be sent
to the prospective member for completion and will be reviewed by the chief inspection
officer.
4n3/97
12
(c) Zone Inspection. Upon review and approval, the pre -inspection
form will be forwarded to the appropriate zone inspection committee for scheduling of
an on -site inspection.
(d) Zone Review. Upon completion of an on -site inspection and
approval by the zone inspection committee, the prospective member will be invited to
attend the next scheduled zone meeting to present a short review of their operations. A
majority endorsement vote by the zone members will be required for forwarding of the
inspection report.
(e) General Membership Review. The zone inspection committee
members will forward the endorsed inspection report to the chief inspection officer.
After completion of all required items, the chief inspection officer will forward the
application to the Chairman for presentation at the next general membership meeting
for admission by a majority vote.
(f) Reapplication Procedure. In the event of disapproval of the zone
inspection committee or lack of endorsement by the zone membership, or the rejection
of the prospective member by the general membership, the Chairman will give written
notice to the prospective member and outline any corrective steps which may be
necessary to comply with membership requirements. The prospective member may
reapply after fulfilling any recommendation or after one (1) year.
Section 2.6. Removal and Resignation of Members.
(a) Probation. Member establishments may be placed on probationary
status by action of the CIMA membership for failure to comply with the "conditions of
membership". Placing a member on probationary status shall include the following
steps:
(i) A recommendation of probationary status by the officers or
by a majority vote of members present at any general membership meeting.
arz3/97
• 13
(ii) A written notice of the consideration of probationary status,
from the Chairman to the senior manager of the member, outlining the reasons.
(iii) Include the consideration of probationary status for that
member in the pre -published agenda for a general membership meeting.
(iv) After consideration of the reasons, approval by a majority of
voting members present at the general membership meeting is required to place a
member on probation.
(b) Removal. A continuing probationary status for more than one year
is grounds for being dismissed from LIMA. Such dismissal action shall follow the same
procedures outlined for probationary status.
(c) ' Reinstatement. Probationary status shall be canceled and
reinstatement approved at a general membership meeting using the same steps for
placing a member on probationary status.
(d) Rights While On Probation. When under probationary status, a
member loses voting rights and administrative services normally included at no charge
such as attending CIMA sponsored training, complimentary manuals and forms, and
other similar items.
(e) Resignation. A member may resign at any time by delivery of
notice to the Chairman or Secretary.
Se :tion 2.7 Meetings.
(a) Regular Meetings. Meetings of the membership shall be held
bi-monthly. Meetings will be held at designated locations, and all members will be
expected to participate as a host. A meeting notice and agenda will be sent to all
members prior to the meeting.
(b) Special Meeting. Special meetings of the members shall be held
whenever called by the Chairman or upon the request of any ten (10) members. It shall
be the duty of the Secretary to give sufficient notice (not less than 10 days) of the date,
4/23/97
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• 0
time and place of each special meeting to each member. A special meeting requested
by the members must be held within 20 days of the notice of the request being made to
the Chairman.
ARTICLE III
NOTICES
3.1 Form of Notice. Whenever under the provisions of these bylaws, notice is
required to be given to any member, officer or committee member, and no provision is
made as to how such notice shall be given, it shall not be construed to mean personal
notice, but any such notice may be given in writing, by United States mail postage
prepaid, addressed to such officer or committee member at such address as appears
on the books of the corporation. Any notice required or permitted to be given by
facsimile or electronic mail shall be deemed given when the same is deposited in the
United States mail as aforesaid.
3.2 Waiver. Whenever any notice is required to be given to any member,
officer or committee member under the provisions of these bylaws, a waiver thereof in
writing signed by the person or persons entitled to such notice, whether before or after
the time stated therein, shall be equivalent to the giving of such notice.
ARTICLE 1V
GENERAL OFFICERS
4.1 Election and Term.
(a) The officers of this corporation shall be a Chairman, First Vice-
Chairman/Treasurer, Second Vice-Chairman/Secretary, Chief Inspection Officer, Drill
Officer, Communications Officer, two Zone Representatives for each zone, and such
other officers as may be determined from time to time by the members. The Chairman,
First Vice-Chairman/Treasurer, and Second Vice-Chairman/Secretary shall be elected
423/97
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•
by the members, as described herein, and the other officers shall be appointed by the
Chairman, as described herein.
(b) Tenure. Each officer shall serve for his or her term of office and -
until his or her successor shall have been duly elected and qualified unless such officer
is sooner removed in the manner specified in subparagraph (d) of this section 4.1 or
until such officer resigns. The positions and terms are as follows:
Chairman
1 year
First Vice-Chairman/Treasurer 1 year
Second Vice-Chairman/Secretary 1 year
Terms commence on January 1 of each year. The determination of which officer shall
serve in which office for the terms as set forth hereinabove shall be determined by the
membership at each general election. Each successor to an officer whose term has
expired (or will expire) shall be elected in the manner specified in section 4.1 of these
bylaws, and each such successor shall hold office for a term commencing upon
January 1 after the date of his or her election and ending upon January 1 one year
thereafter, except that, in the case of an appointment by the Chairman (or succession
of the First Vice -Chairman to Chairman) to fill a vacancy, the term of the successor
shall be for the unexpired term of the former occupant or until the date such officer
resigns or is removed, whichever is shorter.
In the event the First Vice -Chairman has already succeeded to the office
of Chairman as the result of an interim vacancy in the office of Chairman, the First Vice -
Chairman so serving shall be eligible to another term of office which shall constitute a
full, one-year term.
(c) Vacancies. A vacancy shall be declared in any office upon the
death, resignation, or removal of the occupant or upon the disability of the occupant
rendering him or her permanently incapacitated.
4/23/97
16
(d) Election. The officers shall be elected by the members by written
ballot the results of which shall be announced at the October meeting of the members.
Each officer shall be elected by the affirmative vote of a majority of the members voting
by written ballots. In June each year the Chairman will appoint a nominating committee
composed of the four outgoing zone representatives. The nominating committee will
select nominees for each of the three offices. All prospects selected for these elections
must be contacted by the nominating committee for their consent and the consent of
their management. The nominating committee will report at the August general
membership meeting. Additional nominations will be taken from the floor at the general
membership meeting. Subsequently, the Secretary shall prepare and distribute, with
the meeting minutes, a ballot presenting the names and member establishments of all
nominees for the three elected officers. Members shall complete their ballot and submit
them to the Secretary by October 1. The ballots shall be tallied by the Secretary, and
the new officers will be announced at the October meeting. Newly elected officers will
automatically assume their responsibilities on January 1, following their election without
an installation ceremony. Official announcement of the newly elected officers will be
made by letters from the outgoing Chairman to all members of the organization. Any
officer whose term of office shall have expired or will expire may be elected to succeed
himself or herself, and such officer may vote for himself or herself in such election if
serving a., the respective member's CIMA representative. In the event that the number
of officers is increased by amendment to these bylaws, any office to be filled by reason
of said increase shall be filled by the Chairman.
(e) As described above, the Chairman, First Vice-Chairman/Treasurer,
and Second Vice-Chairman/Secretary shall be elected by the members for the terms
described above. The other officers shall be appointed by the Chairman and shall
serve terms of office of one year, except for the Zone Representatives who shall serve
2-year, staggered terms. Any officer whose term of office shall have expired may be
423/97
17
elected to succeed himself or herself. Any two or more offices may be held at the same
time by the same person, except that the offices of Chairman and Second Vice
Chairman/Secretary may not be held at the same time by the same person.
(f1 Any officer may resign at any time by giving written notice to the
Chairman or Secretary of the corporation. Unless otherwise specified in the notice, the
resignation shall take effect upon receipt, and the acceptance of the resignation shall
not be necessary to make it effective.
(g) Any officer (whether elected by the members or appointed by the
Chairman) may be removed at any time by the members, with or without cause;
provided that, removal without cause shall not prejudice the contract rights, if any, of
such officer. Any officer appointed by the Chairman may be removed at any time by
the Chairman with or without cause; provided that, removal without cause shall not
prejudice the contract rights, if any, of such officer.
4.2 Attendance at Meetings. The Chairman, and in his or her absence the
First Vice -Chairman and in the absence of the Chairman and the First Vice -Chairman,
the Second Vice -Chairman, shall call meetings of the members to order, and shall act
as chair of such meetings, and the Secretary shall act as secretary of all such meetings,
but in the absence of the secretary the chair may appoint any person present to act as
Secretary of the meeting.
4.3 Duties. The principal duties of the several officers are as follows:
(a) Chairman. The Chairman shall preside at all meetings of the
members. The Chairman shall be the chief executive officer of the corporation, and
subject to the control of the members, shall have general charge and supervision of the
administration of the activities and affairs of the corporation. The Chairman (or the First
Vice -Chairman, in his or her absence:, and in the absence of the Chairman and the First
Vice -Chairman, the Second Vice -Chairman) will serve as spokesman for the group,
handle all correspondence, call meetings, appoint specialists, Zone Representatives,
4n3/97
18
and appointed officers, and arrange practice drills. Assistance may be solicited from
other officers and/or committees when needed. The Chairman will coordinate CIMA
activities with other agencies or organizations and will see that current information is
maintained on other industrial mutual aid organizations in the Texas -Louisiana area.
The Chairman will see that manpower and material lists furnished by members are
updated annually. The Chairman shall sign and execute all legal documents and
instruments in the name of the corporation when authorized so to do by the members.
The Chairman shall have the power to appoint and remove subordinate employees.
(b) First Vice-Chairrrian/Treasurer. The First Vice -Chairman will assist
the Chairman in the performance of his duties and serve as Chairman in his absence.
He will update the CIMA map and coordinate the activities of the Zone Representatives.
The First Vice chairman shall also serve as Treasurer. The Treasurer shall receive all
monies from all services and shall be the custodian thereof. The Treasurer shall
maintain records of receipts and disbursements of all fiscal assets of CIMA and shall
make a report during the business session of each general meeting. The Chairman
shall direct an outside auditor to complete and submit to the Steering Committee an
annual financial report during the month of December. All disbursements must be
made by check and no disbursements shall be made unless authorized by one of the
following:
(i) Annual budget, as presented by the officers and adopted by
the members at the Annual Meeting;
meeting; or
(ii) Majority vote of the membership present at any general
(iii) Two-thirds (2/3) majority vote of the Steering Committee.
All checks must be signed by the First Vice-Chairman/Treasurer
and the Chairman. In the absence of either the Chairman or the First Vice-
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Chairman/Treasurer, the Second Vice-Chairman/Secretary may sign as the second
signatory.
of CIMA.-
The First Vice-Chairman/Treasurer shall be bonded at the expense
(c) Second Vice-Chairman/Secretary. The Second Vice -Chairman will
provide overall coordination of the CIMA Radio System procedures and operations
assisted by the Communication Officer, and handle issuance of CIMA Identification to
specialists and roadblock passes to members. The Second Vice -Chairman shall also
serve as Secretary. The Secretary shall have charge of the records and
correspondence of the corporation under the direction of the Chairman, and shall be the
custodian of the seal of the corporation, if any. The Secretary shall give notice of and
attend all meetings of the members. (For these purposes, Zone meetings are not
considered meetings of the members, but rather only meetings of a portion of the
members.) The Secretary shall take and keep true minutes of all meetings of the
members of which, ex officio, without vote, the Secretary shall be the secretary. The
Secretary shall discharge such other duties as shall be prescribed from time to time by
the Chairman or the members. (These duties, as well as accounting, bookkeeping and
secretarial services, may be contracted externally at CIMA's expense under the
direction of the appropriate officer.) The Chairman may also appoint an assistant
secretary "o perform the duties of the: Secretary. In addition, the Secretary shall publish
minutes of general and steering committee meetings, over the Chairman's signature,
and perform similar duties at the direction of the Chairman, including public relations
and news releases. Minutes of meetings, inspection reports and other CIMA
communications wile be mailed to the: senior manager of each member, the CIMA
Representative from that member, CIMA officers, specialists and members of the
Steering Committee.
4/23/97
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• 0
(d) Chief Inspection Officer. The Chief Inspection Officer shall
coordinate inspection activities as outlined in the Inspection Procedures. The Chief
Inspection Officer shall also recommend individuals to the Chairman for appointments
to the zone inspection committees.
annual drill.
(e) Drill Officer. The: Drill Officer shall plan and implement the CIMA
(f) Communication Officer. The Communication Officer shall provide
for the maintenance of the CIMA radio system. This may be done either by the
Communication Officer or by contract services approved by the Communication Officer.
The Communication Officer shall maintain current licenses as prescribed by FCC
regulation and provide same to members for their radio sites. The Communication
Officer shall work with new CIMA members to provide specifications for radio
equipment, assign call letters and numerical identifiers, and issue radio test schedules.
The Communication Officer shall maintain the automatic numeric identification ("ANI")
system and report problems on the radio system to the Chairman or Second Vice -
Chairman.
(g) Zone Regresentatives. There will be two representatives for each
zone. They will be nominated by the: zone members and appointed by the Chairman on
alternate years for a two year term. The outgoing representative will serve on the
nominatin,l committee for that year. The representatives will coordinate and report
minutes of meetings to zone members, officers, zone representatives and specialists.
His duties will include serving on the Steering Committee, as Chairman of Zone
Meetings, coordinate training, communications and drills within the zone.
4.4 Vacancies. Whenever a vacancy shall occur in any general office of the
corporation (other than Chairman, in which case, the First Vice -Chairman would
automatically succeed or First Vice -Chairman, in which case, the Second Vice -
Chairman would automatically succeed), such vacancy shall be filled by the Chairman
4123/97
21
by the appointment of a new officer who shall take office on the date of his or her
appointment and shall hold such office for the unexpired term of the former occupant
thereof or, if shorter, until the date such officer resigns or is removed.
ARTICLE V
STANDING AND SPECIAL COMMITTEES
5.1 Standing Committees.
(a) The members may designate one or more standing committees (in
addition to the Steering Committee) as are necessary and which are not in conflict with
other provisions of these bylaws, and the duties of any such standing committees shall
be prescribed by the members upon their designation. Each such standing committee
shall consist of two or more persons, who may, but need not be, limited to the members
(or their representatives) of the corporation. Appointments of persons to such standing
committees shall be for terms prescribed by the members upon such persons'
appointments.
(b) Steering Committee. A Steering Committee shall provide
recommendations to the membership concerning ways to strengthen and otherwise
improve ar d maintain the capabilities of CIMA. In addition, the Steering Committee
may upon two-thirds (2/3) majority vote authorize the expenditure of funds. The
immediate past chairman of CIMA shall chair the Steering Committee. Meetings of the
Steering Committee shall be held a minimum of four times per year. The Steering
Committee shall be composed of the: following:
■ Immediate Past Chairman
■ Chairman
■ First Vice-Chainrnan/Treasurer
■ Second Vice-Chairman/Secretary
■ Zone Representatives
4/23/97
22
■ Chief Inspection Officer
■ United States Coast Guard
O Harris County Fire Marshal's Office
■ Harris County Sheriffs Department
e Port of Houston
The CIMA Specialists and a representative of each municipal member are ex-officio
members of the Steering Committee. They shall be invited to the meetings and
participate in all aspects except that they may not vote.
5.2 Special Committees. The Chairman or the Chairman of the Steering
Committee may designate one or more special committees as are necessary and which
are not in conflict with other provisions of these bylaws, and the duties of any such
special committees shall be prescribed by the members upon their designation. Each
such special committee shall consist of two or more persons, who may, but need not
be, limited to members (or their representatives) of the corporation. A special
committee shall limit its activities to the accomplishment of the tasks for which it is
designated and shall have no power to act except as specifically conferred by action of
the Chairman or the Chairman of the Steering Committee. Upon the completion of the
task for which designated, such special committee shall stand dissolved.
5.3 Quorum and Voting. A majority of the members of a committee shall
constitute a quorum for the transaction of business at any meeting of such committee
and the act of a majority of the committee members present at a meeting at which a
quorum is present shall be the act of the committee.
5.4 Meetings and Notices. Meetings of a committee may be called by the
Chairman or the chair of the committee. Each committee shall meet as often as is
necessary to perform its duties. Notice may be given at any time and in any manner
reasonably designed to inform the members of the time and place of the meeting. Each
committee shall keep minutes of its proceedings.
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5.5 Resignations and Removals. Any member of a committee may resign at
any time by giving notice to the chairman of the committee or the Recording Secretary
of the corporation. Unless otherwise specified in the notice, such resignation shall take
effect upon receipt thereof, and the acceptance of such resignation shall not be
necessary to make it effective. The members may remove at any time with or without
cause any member of any committee. who was originally appointed thereto by the
members as provided in these bylaws.
5.6 Vacancies. A vacancy on a committee shall be filled for the unexpired
portion of the term of the former occupant in the same manner in which an original
appointment to such committee is made.
ARTICLE VI
AMENDMENTS
6.1 Amendments. These bylaws may be amended by the members at any
regular or special meeting of the members at which a quorum is present by the
affirmative vote of a majority of the voting members present at such meeting; provided,
that notice of the proposed amendment shall have been given to each member in
writing at least ten days and not more than 50 days prior to such meeting.
ARTICLE VII
INDEMNIFICATION OF DIRECTORS AND OFFICERS
7.1 Indemnification. The corporation shall indemnify the directors (including
those members who are deemed to act in the place of directors), officers, employees,
and agents (including, but not limited to, CIMA Specialists and other member personnel
assigned by CIMA) of the corporation to the fullest extent required or permitted by
Article 2.22A of the Texas Non -Profit Corporation Act, or corresponding provisions
hereafter in effect, unless there are restrictions to the contrary in the Articles of
Incorporation. The corporation shall have the power to purchase and maintain at its
cost and expense insurance on behalf of such persons to the fullest extent permitted by
4/23/97
24
•
E
Article 2.22A of the Texas Non -Profit Corporation Act, or corresponding provisions
hereafter in effect; provided, however, that the portion of any insurance premium cost
which may be allocable to the insurance coverage for items not eligible for
indemnification shall be treated as compensation to the officers, directors, employees
and agents of the corporation so covered. Such obligation to so indemnify and to so
make all necessary determinations may be specifically enforced by resort to any court
of competent jurisdiction. Further, the corporation shall pay or reimburse the
reasonable expenses of such persons covered hereby in advance of the final
disposition of any proceeding to the fullest extent permitted by Article 2.22A of the
Texas Non -Profit Corporation Act, or corresponding provisions hereafter in effect, and
subject to the conditions thereof.
ARTICLE Vill
GENERAL PROVISIONS
8.1 Fiscal Year. The fiscal year of the corporation shall begin on the 1st day
of January and end on December 31 st of each year.
8.2 Books and Records. The corporation shall keep correct and complete
books and records of account and shall also keep minutes of the proceedings of the
meetings of the members, the Steering Committee, and committees, standing or
special.
8.2 Seal. The members may adopt a corporate seal to be in such form and to
be used in such manner as the members shall direct.
8.4 Permanent Incapacity. Any member, officer or other agent who shall be
incapable of participating in the management and affairs of the corporation for a
continuous period of six months shall be deemed to be "permanently incapacitated"
within the meaning of that term as used in these bylaws.
8.5 Dissolution.
4/23/97
25
(a) The CIMA organization shall not be dissolved, except by
three -fourths (3/) vote of the membership at a regular or special meeting. A notice of
the meeting for that purpose shall be given at least forty-five (45) and not more than fifty
(50) calendar days before said vote shall be taken.
(b) Upon dissolution of CIMA, all monies, property, and equipment,
shall be disposed of in accordance with the Articles of Incorporation.
an3/97
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11
CERTIFICATE
I, the undersigned, Secretary of Channel Industries Mutual Aid, a Texas
non-profit corporation, do hereby certify that the foregoing bylaws were duly adopted'as
the bylaws of the corporation on April 23, 1997.
Brad Byczynski, Secretary
4MI97
27
•
El
BY-LAVVS REVISION LOG
12/16/96 Section 2.3 (e)
12/16/96 Section 2.3 (j)
4/23/97 Section 1.2
Section 2.3(a)
Section 2.3(h)(i)-(iv)
Section 2.3(n)
Section 2.3(o)
Section 2.3(p)
Conditions of Membership -
(Drill/Training)
Conditions of Membership -
(Member RemovaVDues)
4M/97
28
CIMA NON-MEMBER ASSISTANCE AGREEMENO
Approved At CIMA GekffRGENCY
Membership Meeting - 4/23/97
CIMA NON-MEMBER
EMERGENCY INCIDENT ASSISTANCE AND
REIMBURSEMENT AND, INDEMNIFICATION AGREEMENT
THIS EMERGENCY INCIDENT ASSISTANCE AND REIMBURSEMENT AND
INDEMNIFICATION AGREEMENT ("Agreement") is made as of the day of
, 199_, by and between Channel Industries Mutual Aid
Organization ("CIMA" or "CIMA Corporation"), a Texas non-profit corporation,
and (hereinafter "COMPANY").
RECITALS
WHEREAS, COMPANY is currently involved in response activities
associated with in ; and
WHEREAS, CIMA has equipment and/or personnel that are available to
help COMPANY respond to the emergency situation; the term "CIMA" or "CIMA
Corporation" as used in this Agreement means Channel Industries Mutual Aid
Organization, its successors, assigns, agents, employees, officers, directors and
all CIMA Members, including their agents, employees, officers and directors; and
WHEREAS, COMPANY desires to contract with CIMA for the actual
provision of assistance with respect to emergency fire protection and other public
safety matters on the terms and conditions set forth herein; and
WHEREAS, COMPANY agrees that the local fire department or other
appropriate governmental entity is responsible for directing fire fighting or
emergency activities at the COMPANY receiving assistance.
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing, and for other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, CIMA and COMPANY hereby agree as follows:
ARTICLE P
REIMBURSEMENT - MATERIAL A EQUIPMENT
1.1 REIMBURSEMENT.. COMPANY receiving assistance from CIMA
Corporation or CIMA Members, shall replace material used, and repair or replace
any equipment damaged or lost, in the control of a fire or emergency situation
within the receiving COMPANY'S facilities, in kind or in cash at current prices.
REIMBURSEMENT OF DAMAGED OR LOST EQUIPMENT IS
REQUIRED WITHOUT REGARD TO THE CAUSE OR CAUSES
CIMA NON-MEMBER §WRGENCY AS<'ISTANCE AGREEMEN�
Approved At CIMA GeAW1 Membership Meeting - 4/23/97
THEREOF (INCLUDING DAMAGE OR LOSS CAUSED BY PRE-
EXISTING CONDITIONS) OR THE NEGLIGENCE OF ANY PARTY OR
PARTIES INCLUDING THE OWNER OR OPERATOR, WHETHER
SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE
OR PASSIVE. THIS REIMBURSEMENT OBLIGATION IS
INAPPLICABLE TO THE EXTENT THAT MATERIAL OR EQUIPMENT
IS DAMAGED -OR LOST BY REASON OF GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT.
1.2 Reimbursement Definition. Damage to and loss of equipment refers
to damage and loss as a result of the emergency situation rather than from the
wear and tear expected in the normal operation of the equipment. The owner of
damaged or lost equipment is entitled to replacement of the equipment if repair
of the equipment is not feasible for economic or other reasons. The cost of
replacement in that circumstance will be the current cost, in the Greater Houston
Metropolitan Area, of new equipment with specifications similar to that of the
equipment to be replaced. The current cost of new, similar equipment is to be
determined as of the date of the damage or loss that necessitates the
replacement of the equipment.
1.3 SURVIVABILITY. ALL PROVISIONS CONCERNING
REIMBURSEMENT OBLIGATIONS UNDER THIS AGREEMENT
SHALL SURVIVE THE TERMINATION DATE.
ARTICLE DI
INDEMNIFICATION
2.1 INDEMNIFICATION. COMPANY RECEIVING ASSISTANCE
FROM CIMA CORPORATION OR CIMA MEMBERS. SHALL
INDEVNIFY, DEFEND AND (HOLD HARMLESS (A) CIMA; AND (B)
EACH AND EVERY CIMA MEMBER AND THE AGENTS,
DIRECTORS, OFFICERS AND EMPLOYEES THEREOF PROVIDING
ASSISTANCE (BOTH (A) AND (B) HEREINAFTER "INDEMNIFIED
PARTIES"), FROM AND AGAINST ANY AND ALL DEMANDS,
CAUSES OF ACTION, DAMAGES, INJURIES. FINES (INCLUDING
PENALTIES OR OTHER CHARGES OR COSTS IMPOSED BY ANY
FEDERAL.. STATE OR LOCAL AUTHORITY), LIABILITY, ATTORNEY
FEES, LITIGATION COSTS ,AND EXPENSES, AND LOSSES OF ANY
KIND OR CHARACTER FOR. SICKNESS OR INJURY TO OR DEATH
2
CIMA NON-MEMBER JERGENCY ASSISTANCE AGREEMEN6 Approved At CIMA Ge I Membership Meeting - 4/23/97
OF ANY PERSON (INCLUDING ANY EMPLOYEE), AND FOR LOSS
OR DAMAGE TO ANY PROPERTY OWNED OR OPERATED BY CIMA
CORPORATION, A CIMA MEMBER, OR ANY OTHER PERSON OR
ENTITY (INCLUDING ANY EQUIPMENT AND ANY NATURAL
RESOURCES) RESULTING DIRECTLY OR INDIRECTLY FROM THE
RECEIVING COMPANY'S USE OF EQUIPMENT OR EMPLOYEES OR
FROM THE RESPONSE ACTIONS UNDERTAKEN BY CIMA
CORPORATION OR CIMA MEMBERS.
THIS INDEMNIFICATION IS APPLICABLE TO ALL EVENTS
OCCURRING: (1) ON THE ACTUAL PROPERTY OF COMPANY
RECEIVING ASSISTANCE OIR (2) ON PROPERTY UNDER THE
CONTROL OF THE COMPANY RECEIVING ASSISTANCE (SUCH AS
LEASED WAREHOUSE SPACE). DEMANDS, CAUSES OF ACTION,
DAMAGES, INJURIES, FINES, LIABILITY, LOSSES OF ANY KIND
OR CHARACTER FOR SICKNESS OR DEATH OF ANY PERSON
(INCLUDING ANY EMPLOYEE), AND FOR LOSS OR DAMAGE TO
ANY PROPERTY OCCURRING OFF OF THE ACTUAL PROPERTY OF
COMPANY RECEIVING ASSISTANCE OR OFF THE PROPERTY
UNDER THE CONTROL OF THE COMPANY RECEIVING
ASSISTANCE, WILL BE GOVERNED BY COMMON LAW.
2.2 GROSS NEGLIGENCE, WILLFUL MISCONDUCT,
CRIMINAL LAW. COMPANY AGREES THAT THE INDEMNITIES
PROVIDED FOR IN THIS AGREEMENT SHALL BE EFFECTIVE
REGARDLESS OF THE NEGLIGENT ACTS OR OMISSIONS OF THE
INDEMNIFIED PARTIES WHETHER SUCH NEGLIGENCE BE SOLE,
JOINT OR CONCURRENT, ACTIVE OR PASSIVE, AND
REGA .IDLESS OF WHETHER LIABILITY WITHOUT FAULT IS
IMPOSED ON THE INDEMNIFIED PARTIES, EXCEPT TO THE
EXTENT THAT LIABILITY ARISES BY REASON OF THE GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF THE INDEMNIFIED
PARTIES. IN ADDITION, TI4E COMPANY SHALL NOT BE LIABLE
TO ANY INDEMNIFIED PARTY FOR ANY CLAIMS OR PENALTIES
ARISING OUT OF OR RESULTING FROM THE INTENTIONAL
VIOLATION OF ANY CRIMINAL LAW.
CIMA NON-MEMBER EJWGENCY ASSISTANCE AGREEMENT
•
Approved At CIMA Gen Membership Meeting - 4/23/97
2.3 Insurance. COMPANY also covenants and agrees that the indemnity
and hold harmless provisions are not limited, restricted, or in any way affected by
the amount of insurance carried by COMPANY.
2.4 SURVIVABILITY. ALL INDEMNITIES MADE BY COMPANY
UNDER THIS AGREEMENT SHALL SURVIVE THE TERMINATION
DATE.
2.5 DEFINITIONS. "DEFEND" MEANS TO: (1) PROVIDE
LEGAL COUNSEL AND DEFENSE TO THE CIMA CORPORATION,
OR AT THE CIMA CORPORATION'S OPTION, TO REIMBURSE CIMA
CORPORATION FOR ALL REI4SONABLE ATTORNEYS FEES
GENERATED BY COUNSEL SELECTED BY CIMA CORPORATION:
AND (2) TO PAY ALL OTHER COSTS OF DEFENSE INCLUDING ALL
APPEAL AND SUPERSEDEA:i BONDS.
ARTICLE III
MISCELLANEOUS
3.1 Designated Emergencies - Participation Voluntary. There is no
obligation on any CIMA Member to contribute equipment or manpower to any
particular emergency. Participation in any particular emergency is wholly
voluntary based on the needs and availability of a CIMA Member to respond.
Thus, there is no liability on CIMA Corporation or any CIMA Member for failing to
respond to an emergency situation under this Agreement.
3.2 Governing Law. This Agreement shall be governed by, and construed
in accordance with, the laws of the State of Texas.
3.3 Attorneys Fees. In the event that any legal action is instituted
betweei , the parties pertaining to the interpretation or enforcement of the terms
of this Agreement, the prevailing party shall be entitled to recover a reasonable
allowance for attorneys fees and court expenses, to be fixed and determined by
the court in which such action is filed.
3.4 Notices. All notices, demands or communications relating to this
Agreement that CIMA Corporation or any CIMA Member may wish to send to
COMPANY shall be in writing.
3.5 Severability. If any provision of this Agreement or portion thereof
should be declared invalid for any reason, the invalid provisions or portion
4
CIMA NON-MEMBERERGENCY ASSISTANCE AGREEMEi
Approved At CIMA G al Membership Meeting - 4/23/97
thereof shall be deemed omitted and the remaining terms shall nevertheless be
carried into effect.
3.6 Waiver. The waiver of a breach of any term or condition of this
Agreement shall not be deemed to constitute the waiver of any other breach of
the same or any other term or condition.
3.7 Number and Gender. Whenever required by the context, the singular
number shall include the plural, and the masculine or neutral gender shall
include all genders.
3.8 Entire Agreement. This Agreement contains the entire understanding
between the parties and supersedes any prior written or oral agreements
between them respecting the subject matter contained herein.
3.9 Assignment: Binding Effect. COMPANY may not assign its rights and
obligations under this Agreement. Subject t6and without affecting the
prohibitions herein with respect to assignment, this Agreement shall be binding
on the parties and their respective: successors and assigns.
'3.10 Non-members. Nothing in this Agreement shall entitle any person or
entity not a party to this Agreement to institute any claims, causes of action,
remedy, or right of any kind arising out of the operations conducted pursuant to
this Agreement.
3.11 Term. Unless earlier terminated by COMPANY or CIMA Corporation,
this Agreement shall remain in force for so long as COMPANY is engaged in
response activities relating to the Incident. NOTWITHSTANDING SECTION
3.11 OF THIS ARTICLE, THE: REIMBURSEMENT PROVISIONS AND
INDEMNITIES CONTAINED IN THIS AGREEMENT SHALL REMAIN
IN EFFECT BEYOND THE TERMINATION OF RESPONSE
ACTIVITIES UNDER THIS AGREEMENT.
5
CIMA NON-MEMBER E GENCY ASSISTANCE AGREEMENT
Approved At CIMA GeneqWembership Meeting - 4/23/97 0
IN WITNESS WHEREOF, COMPANY and CIMA Corporation executed
this Agreement by their duly authorized representatives on the date indicated
below.
Dated: Channel Industries Mutual Aid Organization ("CIMA")
By [signature]
Name [printed]
Title
[Note: Any individual CIMA Member, or CIMA Specialist, or CIMA officer
may sign above on behalf of CIMA].
Dated: clOA1
WITNESSED BY:
[COMPANY]
By [signature] (5U, t . fie..
Name [printed]. c.) e,.T T. RerrcYG
Company
Title
[Municipality, Governmental Agency or Entity]
By [signature]
Name [printed]
Title
Agency
Dated
6