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HomeMy WebLinkAbout2000-02-14 Regular Meeting :~ ~ • • MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL FEBRUARY 14, 2000 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 Ciry Employees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, Assistant City Manager Jeff Litchfield, Ciry Secretary Martha Gillett, Director of Planning Doug Kneupper, Director of Public Works Steve Gillett, Director of Administrative Services Louis Rigby, Chief of Police Richard Reff, Fire Chief Jce Sease, Assistant Finance Director Cynthia Alexander, Accounting Manager Kathy Hutton, and Purchasing Agent Susan Kelley. Others Present: David Baker, Bill Scott, Spero Pomonis, and a number of citizens. 2. Reverend Michael Bingham delivered the Invocation. 3. Council considered approving the minutes of the Regular Meeting on January 24, 2000. Motion was made by Councilperson Engelken to approve the minutes of the Regular Meeting as presented. Second by Councilperson Sutherland. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Mayor Malone Nays: None Abstain: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS COUNCIL. Bill Scott -1802 Lomax School Road - La Porte, Texas 77571 Mr. Bill Scott addressed the council opposing several issues. See attached. 5. Presentations: A. Mayor Norman Malone and City Manager Robert T. Herrera recognized the Finance Department for their Achievement in Excellence in Financial Reporting for 1998. Mr. Herrera presented the Certificate of Achievement to Assistant City Manager/Finance Director Jeff Litchfield. Assistant Finance Director Cynthia Alexander and Accounting Manager Kathy Hutton were in attendance for the presentation. • • City Council Minutes -February 14, 2000 -Page 2 B. Assistant City Manager/Finance Director Jeff Litchfield presented the CAFR for September 30, 1999 to City Council. Mr. Litchfield introduced the auditors - Amanda Eaves and Patsy Waldrop. 6. Operations Manager Juan Hinojosa with Goodyear briefed the City Council on the incident which occurred on January 13, 2000. 7. Council considered approving a resolution of intent to remain a class member in the class action City of Wharton, et al. v. Houston Lighting & Power Company. City Attorney Knox Askins presented summary and recommendation. City Attorney read: RESOLUTION 2000-06 - A RESOLUTION OF INTENT TO REMAIN A CLASS MEMBER IN THE CLASS ACTION CITY OF WHARTON, ET AL. V. HOUSTON LIGHTING & POWER COMPANY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Ebow to approve the resolution as presented by Mr. Askins Second by Councilperson Clarke. The motion carried. Ayes: Sutherland, Ebow, Porter, Gay, Young Clarke and Mayor Malone. Nays: None Abstain: Engelken (Councilperson Engelken left the council table for this item.) 8. Council considered approving an ordinance authorizing a contract to provide Emergency Medical Services to the Port of Houston. Fire Chief Joe Sease presented summary and recommendation. City Attorney read: ORDINANCE 2000-2376 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR PROVISION OF EMERGENCY MEDICAL SERVICES TO THE PORT OF HOUSTON AUTHORITY; 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 presented by Mr. Sease. Second by Councilperson Clarke. The motion carried. . Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young Clarke and Mayor Malone. Nays: None Abstain: None 9. Council considered approving an ordinance vacating, abandoning and closing the alley of Block 132, Town of La Porte, Harris County Texas. Director of Planning Doug Kneupper presented summary and recommendation. • • City Council Minutes -February 14, 2000 -Page 3 City Manager Robert T. Herrera reminded council that Southwestern Bell gave the City of La Porte a $5,000 grant. Southwestern Bell has also agreed to move their lines, at no cost, to the City of La Porte and they are going to assist us in moving Reliant Energy's utility lines at no cost. City Attorney read: ORDINANCE 2000-2377 - AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY OF BLOCK 132, TOWN OF LA PORTS, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF. Motion was made by Councilperson Engelken to approve the ordinance as presented by Mr. Kneupper. Second by Councilperson Young. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young Clarke and Mayor Malone. Nays: None Abstain: None 10. Council considered approving an ordinance authorizing the City to enter into a water service agreement with Lubrizol Corporation and authorize the City Manager to execute a Utility Extension Agreement between the City of La Porte and Lubrizol Corporation. Director of Planning Doug Kneupper presented summary and recommendation and answered questions for City Council. City Attorney read: ORDINANCE 2000-2378 - AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTS AND LUBRIZOL CORPORATION, FOR PROVISION OF POTABLE WATER SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF Motion was made by Councilperson Ebow to approve the ordinance as presented by Mr. Kneupper. Second by Councilperson Gay. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young Clarke and Mayor Malone. Nays: None Abstain: None 11. Council considered approving an ordinance calling the regular annual election of the City of La Porte; calling arun-off election if necessary; designating election precincts and polling places; providing the use of voting machines; appointing election officials; providing for method of dates of early voting; providing for an early voting ballot board; providing for return and canvass of votes of said election. City Attorney Knox Askins presented summary and recommendation. City Attorney read: ORDINANCE 2000-2379 - AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTS; CALLING A RUN- OFF ELECTION IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND • City Council Minutes -February 14, 2000 -Page 4 POLLING PLACES; PROVIDING THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Engelken to approve the resolution as presented by Mr. Askins. Second by Councilperson Clarke. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Porter, Gay, Young, Clarke, and Mayor Malone. Nays: None Abstain: None 12. Council considered approving expending $26,490 from local law enforcement Block Grant funds. Chief of Police Richard Reff presented summary and recommendation. Motion was made by Councilperson Ebow to approve the ordinance as presented by Chief Reff. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Mayor Malone. Nays: None Abstain: None 13. Council discussed recent Attorney General opinion on citizen comment at city council meetings under open meetings law, and received direction on possible changes in policy. City Attorney Knox Askins presented summary and recommendation. Mr. Askins recommended City Council or any city staff member will need to notify City Secretary if they know a citizen wishes to speak at a council meeting. Council agreed Mr. Askins should review current policy and make any changes needed to ensure compliance with the open meetings law. 14. Consent Agenda A. Consider awarding bid of automotive parts to low bidders meeting specifications - S. Gillett B. Consider authorizing purchase of three mid-size sedans through H-GAC - S. Kelley C. Consider authorizing purchase of Motorola radios through H-GAC - S. Kelley City Council Minutes -February 14, 2000 -Page 5 Councilperson Engelken made a motion to vote on all Consent Agenda items together and approve items presented. Seconded by Councilperson Clarke. Motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Mayor Malone. Nays: None Abstain: None 15. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council of the following events: A. City Council workshop meeting February 21, 2000. B. Cancellation of March 13, 2000 City Council Meeting. 16. COUNCIL ACTION Councilpersons Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone brought items to Council's attention. 17. 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. 551.072 (Consultation with Attorney) Meet with City Attorney and City Manager to discuss land acquisition. Council retired into Executive Session at 7:28 PM under Section 551.072 (Consultation with Attorney) Council Adjourned Executive Session at 8:00 PM. Council returned to the table at 8:02 PM, with no action taken. 18. CONSIDERATION AND POSSIBLE ACTION ON ITEMS IN EXECUTIVE SESSION No action taken. • ~ City Council Minutes -February 14, 2000 -Page 6 19. ADJOURNMENT lfiere being no further business to come before Council, the Regular Meeting was duly adjourned at 8:03 PM. Respectfully submitted, Martha Gillett City Secretary Passe d approved on this 21~` day of February 2000. /%%~~ ~ rman L. Malone, Mayor Notes for 1-24-00 5 Minute City Council Presentation I speak with you tonight as a coordinator for "COMMON SENSE GOVERNMENT". a. We are the citizens from 3 subdivisions who organized and petitioned to stop a proposed "highway" or Underwood type road through our neighborhoods. b. I'd like to review the Phase 1 Road status. 2. First a brief recap of events: a. City~Council responded to ow petition of 576 citizens by passing an ordinance~to cancel Phase 1 funding for orie year for the purpose of letting the citizens decide the issue in the Comprehensive Plan review. b. The issue was decided; decisively and overwhelmingly. The Phase one road was removed from the Comprehensive Plan. COMMON SENSE GOVERNMENT prevailed through the entire process and through the maneuvers intended to limit our participation. c. Through the entire review process the only citizen speaking in favor of the Phase 1 Road was a Creekmont resident that mentioned at the Sylvan Beach general meeting, transportation section, that she would like the Phase 1 Road because she thought it would take traffic off her street of Mertle Creek)... And we responded by stating that it was wrong for her to try to move her traffic problem over to~ our neighborhoods. 3. COMMON SENSE GO would like to thank those members of Council that have kept their agreement and contract with the citizens on this issue. 4. COMMON SENSE GOVE~ would like to reaffirm to this Council our resolve and determination to stop the proposed Phase 1 Road that endangers the safety of our children and citizens, our property values, and our neighborhood environments. 5. Last fall some council members attempted to refitnd the Phase 1 Road in disregard of the Council's agreement with the citizens. In response to that attempted refunding of the Phase 1 Road; COMMON SENSE GO ~~ is registering as a general purpose Political Action Committee (PAC) with the State of Texas. 6. If we have to petition again; regarding the Phase 1 Road; that petition will include other items such as the cost of the City's legal service, the City's salary structure, the City's handling of the Ned Holmes container terminal, and the City's voter district representation ratio . We think this will bring broad base support for our petition, although the petition will only require about 500 names to be legally binding.......... ... BECAUSE THE PETITION WILL BE FOR A REFERENDUM OF RECALL of any Council member that attempts to violate the Council's agreement with the citizens. Thank You for Your Time and Consideration of This Issue, Bill Scott, 281-470-6685, scottl@hal-pc.org • CJ i • . A • ~~ • GOVERNMENT FINANCE OFFICERS ASSOCIATION 160 North Michigan Avenue, Suite 600; Chicago, Illinois 60601 November 8 , 19 9 9 312/977-9700 • Fax: 312/977-4806 For information contact: NEWS RELEASE Stephen Gauthier (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Finan- cial Reporting has been awarded to: City of La Porte, TX, by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and finan- cial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual designated by the government as primarily responsible for preparing the award-winning CAFR. This has been presented to: Jeff Litchfield, Assistant City Manager/Finance The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 13,500 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. - 30 - WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 • Fax: 202/429-2755 • i B • . PRESENTATION OF THE SEPTEMBER 30, 1999 CAFR • • • • RECEIVE BRIEFING REPORT FROM GOODYEAR COMPANY ON CHEMICAL INCIDENT WHICH OCCURRED ON JANi7ARY 13, 2000 - R. T. Herrera • • • • ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIR MONT PARKWAY P. O. BOX 1218 LA PORTE. TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUGER. JR. BOARD CER TIFIEO CIVIL TRIAL LAw TEXAS BOARD OF LEGAL SPECIALIZATION CLARK T. ASKINS February 1, 2000 TELEPHONE 2BI a71-1866 TELEGOPIER 2B1 471-2047 Ms. Martha A. Gillett City Secretary City of La Porte City Hall La Porte, Texas Re: No. 96-016613; City of Wharton, et al v. Houston Lighting & Power Company, et al; 269th Judicial District Court, Harris County, Texas. Dear Martha: I enclose copy of letter from Ms. Sherry Scott Chandler, attorney with O'Quinn & Laminack, requesting passage of the attached resolution. Please place this resolution on the City Council agenda of February 14, 2000. -~ Yours very truly, ~~ ~. `-~ ~' . G ~~~. nox W. Askins City Attorney City of La Porte KWA:sw Enclosure cc: Ms. Sherry Scott Chandler O'Quinn & Laminack 2300 Lyric Centre Building 440 Louisiana Houston, TX 77002 ~RC~[ O'QG11v ~, 'LA~li:vnC;( F~:. ~ 71~1~-~~y:~ (:~iE; Z. i'~'~~ l~:u:•~~:[1 ~'C.4~E20[39[7 F 6 ~~+i+~~r~a L. 11,.11. III, Ph.D. QU I N N~ L A M I N AC K Elitabrch B. Hawkins Sharp Seott Chandler AtWmr~f at law GO~Flt~~~~i~~L February 1, 2000 -PRIVlLECF.D A. ND CnNFIDENTIAL- ATTOIiNEYCLIENT COMMUNICATIONS AND ATTORNEY WORK PRUnUC'T- City Attorney Class Member City lte: Cause No. 9b-016613; Cities of Wharton, Pasade>'la and Galveston, Individually and as Class Represerltutives v. I~o7.stun Lighlir7g c!c Power Gumpany and Huwtnr: lnductries FirrQnce, I»c. ; In the 269th Judicial District Court. Dear City Attorney: Attached hereto please find a copy of a proposed Resolution to be executed by your city. Many of the class member cities have already passed the attached resolution. }-lowever, for those cities which have not passed a Resolution like the one attached, please do so immediately, ICyou have any questions, comments or need any assistance, please do not hesitate to contact me at (713)236-7653 or my legal assistant, Wendy Elsey, at (713)236-7652. Thank you for your assistance. Very y yours, Sherry Scott Chandler Attachment 1100 Lyric C:enr.e R,tt1A1nC •4l Loursrana • Hnu~rnn, Te•a5 77J02 Tele:eprer lilt) 2:l.O~li • T:Icl~hon. f71J) 1:1.1000 • • RESOLUTION NO. 2000- pQ_ A RESOLUTION OF INTENT TO REMAIN A CLASS MEMBER IN THE CLASS ACTION CITY OF WHARTON, ET AL. V. HOUSTON LIGHTING & POWER COMPANY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte has previously chosen to remain a member of the Plaintiff class in the lawsuit styled City of Wharton, et al, v. Houston Lighting & Power Company, et al, Cause No. 96-016613, pending in the 269th Judicial District Court of Harris County, Texas; WHEREAS, the City Council wishes to affirm its intent to be and remain a member of the Plaintiff class in that case; and WHEREAS, the City Council wishes to affirm its intent to be and continue to be represented by the Court designated class counsel, Benjamin L. Hall, III and John M. O'Quinn with the law firm of O'Quinn & Laminack; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. That the City Council of the City of La Porte reaffirms and expresses the intent and desire of the City to be and remain a member of the Plaintiff class and continue to be represented by Benjamin L. Hall, III and John M. O'Quinn with the law firm of O'Quinn & Laminack, in the action styled Cities of Wharton, Pasadena and Galveston, Individually and as Rule 42 Class Representatives v. Houston Lighting & Power Company and Houston Industries Finance Co., Inc., Cause No. 96-011613, In the 269th Judicial District Court of Harris County, Texas. 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 resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written .notice and the contents and posting thereof. Section 3. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 14th day of February, 2000. CIT~C OF LA PORTE /, Norman L. Malone Mayor A TEST: ~...~~ Martha A. Gillett City Secretary . --.~ ,/~ APPR ED : / i .i - ~,•~ / ~ .~ Knox W. Askins City Attorney 2 • • • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 14, 2000 Requested By: J. L. Sease Department: Fire Report Resolution X Ordinance Exhibits: Ordinance 2376 Contract with Port of Houston SUMMARY & RECOMMENDATION Staff has met with Port of Houston Staff and developed a new contract for EMS Service to the PoH at Barbours Cut Terminal. The present contract is for a monthly sum of $600.00 or $7200.00 annually to be paid by the Port. The new contract calls for the annual sum of $22,857.00 to be paid in monthly amounts. The fees are based on the same methods used for all out of City industrial ambulance contracts. The contract is for a period of two years. We responded to 28 calls to the PoH during 1999. Action Required by Council: Approve Ordinance 2376 authorizing an interlocal agreement between the City and the Port of Houston for ambulance service to the Port. Availability of Funds: General Fund_ Water/Wastewater _ Capital Improvement_ Other Account Number: N/A General Revenue Sharing Funds Available: YES NO Approved for City Council Agenda ~T ~~v 2- to - 2~u~ Robert T. Herrera Date City Manager • • `ice/~ / ~i" ORDINANCE 2000-2376 WAS REPEALED ON 10/26/00. • i ORDINANCE NO. ~l C~CG. - ~ ~~ (, AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR PROVISION OF EMERGENCY MEDICAL SERVICES TO THE PORT OF HOUSTON AUTHORITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference, by and between the City of La Porte and the Port of Houston Authority of Harris County, Texas for the provision of emergency medical services to the Port of Houston Authority. 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 ORDINANCE NO Page 2 thereof. ,o- Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this I'~~~' ~G r28iclGi. ~' `~ day of , ,~OuO. CITY OF LA PORTE .~ By: w-- orman L. Malone, Mayor ATTEST: `~1~1 ~.~~.~ ~. C~. ~-~~y~ Martha A. Gillette, City Secretary • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 14, 2000 Requested By: Dou Kneu er Department: Planning Report Resolution X Ordinance Exhibits: 1. Ordinance 2. Exhibit "A" -Closing Requested 3. Exhibit "B" -Utility Plan SUMMARY & RECOMMENDATION Current plans for development of the City's new library facility require that the existing 16' wide alley within Block 132, Town of La Porte be vacated, abandoned and closed in order to facilitate construction of the building and related site improvements. The City's Planning and Public Works Departments have investigated the closing and determined that an existing 1 "waterline within the alley should be abandoned. Additionally, each of the City's franchised utility companies have reviewed the closing request and have plans in place to modify existing power, telephone and cable utility locations from the alley to conform to the new library site (see Exhibit "B"1. A cost of 55,260 will be incurred by the City from Reliant Energy for the cost of relocating existing power lines in the alley. Southwestern Bell .and Time Warner Communication will relocate their respective facilities at no cost to the City. As per Sec. 62-32, Subsection C, and Sec. 62-35, Subsection C, of the Code of Ordinances, the City is exempted from the payment of an application fee as well as fair market value fees, respectively. Upon action by Council to vacate, abandon, and close the alley, Staff will submit the Final Plat of this block to the Planning & Zoning Commission for approval. Recommendation Staff recommends closing, vacating, and abandoning the alley in Block 132, Town of La Porte for construction of the new City Library. Action Reauired by Council: Consider approval of an ordinance to close, vacate, and abandon the alley in Block 132, Town of La Porte. Availability of Funds: N/A Approved for City Council Agenda CZa~~ ~ • 1~:~~ a-1o- a~uo Robert T. Herrera DATE City Manager • • ORDINANCE N0.2000-13 7 7 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY OF BLOCK 132, TOWN OF LA FORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described alley of Block 132, Town of La Porte, Harris County, Texas; to vacate, abandon, and permanently close the Alley of Block 132, Town of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described Alley of Block 132, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the hereinafter described Alley of Block 132, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described Alley of Block 132, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described Alley of Block 132, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: The entire alley of Block 132, lying within and situated between Lots 1 through 16 and Lots 17 through 32, Town of La Porte, Harris County, Texas and containing 6,400 square feet. • • Ordinance No. 2000-x.31 "1 2 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. PASSED AND APPROVED, THIS 14~h DAY OF FEBRUARY 2000. CITY OF LA PORTE ATTEST: ~ ~~~ ~ ' LJ ~' ~. ' Martha Gillett, City Secretary APPRO~E~'~ ,, ,,. ~~~~ ~t ~` By: , Norman L. alone, Mayor Knox W. Askins, City Attorney i llo ; to ~~ N.T.S. W. "E" ST. 16' --- ----, i SING •~ .~ i I ~ } ~ Q ~ o ~ 131 ~ o ~ a ~ 0° ~ v~ i i W. "F" ST. i 134 ~ 133 SAC-99-02 EXHIBIT "A" 1 % 32 ~, PROP. ALLEY CL (6,400 SQ. F %~ ., i ;~ - ~ i j - . j ~, ., ., %; i, i% ~ 16 A T 17 i • BLK. ~ BLK. I10 ( 109 .~. ~ ~ _ _ ~ ~ O N.T.S. PROVIDED FROM TH~I.S POLE ~OCAITON Q IseRVic~ FnoM nas Pow ux~-noN TO BE UNDERGROUND) ~•~~ 0 `~\\. E. "E" ST. '~- EXIST. P.P. WITH O _ FRCP. TRANSFORMER m BLK. BLK. _ 131 132 :+. W.B.T. TQ ABANC)CN O APPROX. 620 L.F. OF OVERHEAD ~ ELECTRICAL, PHONE & CABLE TO BE REMOVED H.L.~cF'. TU ABANCCN `~O. ~~~ i :;.W.E;.T. TC ABANDON I E. "F" ST. 834 ~ 833 LEGEND ~ • EXISTING POWER POLE o EXISTING POWER POLE • (TO BE REMOVED) EXHIBIT "B" UTILITY PLAN • • • n REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februar 14 2000 Requested By: Do Kneu er Department: Planning Agreement Resolution X Ordinance Exhibits: 1.) Ordinance 2.) Water Service Agreement 3.) Utility Extension Agreement 4.) Area Map SUMMARY & RECOMMENDATION Council has previously approved a policy for provision of potable water service to companies outside the corporate city limits that have current Industrial District Agreements with the City. Lubrizol Corporation wishes to pursue water service under the terms and conditions offered by the City. Based on 175 on-site employees, the average daily demand is estimated to be 8,750 gallons. Lubrizol Corporation will pay one and one-half (1-%s) times the City's current rate for water service. The term of the Water Service Agreement is for five (5) years, plus any renewals and extensions thereof. However, the Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if the city exercises the right of termination. Based on the average daily demand of 8,750 gallons, the applicant is subject to an administrative connection charge in the amount of S 15,000.00 that has subsequently been paid to the City. Staff recommends approval of the Water Service Agreement as submitted. Additionally, Lubrizol Corporation will enter into a Utility Extension Agreement with the City to provide water service to their site. The extension will consist of approximately 2200 L.F. of 8" waterline and will tie-on to an existing 8" waterline previously extended by Rohm & Haas in 1996. The City will incur no cost as a result of this extension. Staff recommends approval of the Utility Extension Agreement as submitted. Action Required by Council: Consider approval of an ordinance authorizing the City to enter into a Water Service Agreement with Lubrizol Corporation, and authorize the City Manager to execute a Utility Extension Agreement between the City of La Porte and Lubrizol Corporation. Availability of Funds: N/A Aparoved for Citv Council Agenda Qs~x~ 1 . Z-~ • aov~ Robert T. Herrera DATE City Manager • ORDINANCE NO. 2000- a3 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTS AND LUBRIZOL CORPORATION, FOR PROVISION OF POTABLE WATER SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: 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. • 2 ORDINANCE NO. 2000- 02 ~1~ PASSED AND APPROVED, this 14th day of February, 2000. CITY OF LA PORTE Attest: •1 _ ~~?.~r a ha A. Gillett City Secretary Approved: .--~. / ,- /^ By. Gr .~~~a---- `Norman L. Malone, Mayor Knox W. Askins, City Attorney • 1 STATE OF TEXAS § COUNTY OF HARRIS § WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and LUBRIZOL CORP. , a corporation, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated in CTTY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of potable water for limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. • • Upon review of these representations, the City has determined the following: Number of Company Employees on site 108 Number of Contract Employees on site 67 Total on-site Employees 175 Potable Water Approved for Domestic Use (gpd) (Total on-site Employees times 50 gpd per employee) 8.750 Potable Water Approved for Industrial Processes (gpd) 0 Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 8.750 IV. 2 CITY has determined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY cone-time administrative connection charge of 15 000 (B) Potable water used for Industrial Processes shall be limited to the following processes: none (C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter chazge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (D) Where applicable, COMPANY shall also pay to CITY $~ as a pro-rata reimbursement for installation of utility mains funded by other parties. (E) The total amount of potable water approved (average daily demand) is established at 8.750 gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY, plus any amount approved for industrial processes. • • 3 (F) The average monthly demand of 266.875 gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (G) The cost of water up to the average monthly demand of 266.875 gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (H) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (I) Nothing contained in this Agreement shall obligate CITY to funnish more than the average monthly demand of 266.875 gallons. Repeated consumption greater than the established average monthly demand may result in termination of service. (J) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (L) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (M) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. • 4 (I~ All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (O) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (P) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (~ There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (R) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the site plan and approved by City, V. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY will have ownership and maintenance responsibility for its water mains, and service lines up to and including CITY'S water meter. In the event a State or Hams County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, • • 5 CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six- month period, CITY shall have the right to terminate water service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall be for five years plus any renewals and extensions thereof. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. • • ENTERED INTO effective the ~ ~ day of ~lc~, 2000. By: CITY OF LA PORTS ATTEST: ~~ r~~:~~~L CZ ,~, ~.~ Martha A. Gillett City Secretary ~ APPROVED: Knox W. Askins City Attorney 6 ~~~~~~ CITY OF L PORTS By: a ~' ~ ~--- Norman L. Malone Mayor Robert T. Herrera City Manager City Attorney City of La Porte PO Box 1218 PO Box 1115 La Porte, TX 77572-1218 La Porte, TX 77572-1115 Phone: (281) 471-1886 Fax: (281) 471-2047 Phone: (281) 471-5020 Fax: (281) 471-7168 ~, ct ~~ i zr~ ~ ~'~~,~~~,~ v~ Company 7 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated , Initial: CITY Q~~ COMPANY Lp ADDITIONAL REQUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Hams County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Miscellaneous: UTILITY EXTENSION AGREEMENT (Owner Funded Extension) THE STATE OF TEXAS: COUNTY OF HARRIS: ~; _ This agreement, made dus~~ day of ~s_~ / (/ , 1999, by and between the City of La Porte, herein celled "City", acting herein tlvouglt its City Manager and LUBRIZOL CORPORATION, County of Harris, and State of Texas, hereinalier called "Owner". WITNESSETH 1. All references to "Utility Main(s)" l~erew~der slk~ll, for die purposes of this agreement, s1k111 refer to the extension of an S-inch potable waterline and related appurtenances (CLP Project No. 99- 7C-(I1). 2. Owner is the owner of certain property in dte City of La Porte, Hams County, Texas, identified as 237.103 acres out of the Ccorgc B. MclCinstry League, A-~17, Harris County, Texas. City's utility main(s) presently do not extend to Owner's s<1id property. Owner 1><~s requested die extension of City's utility main(s) to serve Owners s<~id property. 3. City Hereby agrees to dte construction and installation of an extension of its utility main(s) to said property commencing at the ne<lrest existing utility main(s) of sufficient size and capacity. Thence along/through public rights-of--way and/or easements to and tlvough said Owner's property. Provided, however, tlk~t City should not possess all necess<~ry riglus-of--way and/or easements to complete said extension(s). Owner shall be solely responsible for obtaining s<vd additional rights-of--way and/or easements at no cost to City on City approved forms. All permits and approvals required by entities with jurisdiction slk~ll be secured prior to cottstn~ction. 4. Owner agrees to pay all costs related to the constnuction and installation of said utility main(s) including necessary appurte~kvices in confornuvtce with City's stvid<lyds and specifications for said utility main(s). Owner fuN~er agrees to pay all engineering fees for survey, design, contract documents, bidding, construction stlking, construction inspection, and preparation and submittal of As-Built constntction drawings. n I~ 2 5. Subject to t.lie provisions of this agreement, City hereby agrees to the conswction and installation of said utility main(s) according to the plans, specifications and contract documents to be prepared by the Owner's engineer quid approved by the City. The contact documents shall include a provision for a one (1) year w~urtnty from defects in materials and workmanship. The documents will also provide a "Notice" to Contractor that tl~e City of La Pone will pcrforrn daily conswction inspection to insure compli~u~ce with plv~s and specifications. Owner shall submit Contactor Payment Requests to City for review prior to Owner making payments to Contactor. It is agreed and understood that Owner is responsible for paying for any unforeseen costs or cost overruns in the project that result from circumstances beyond the control of the City. 1. City shall Dave tl~c right to approve the Engineer vid tl~e Contractor selected by Owner. Upon completion and approval of plv~s, specifications, and contract documents, the City shall authorize the Owner to secure bids from qu~ilified underground utility contractors. 7. Owner agrees that upon completion ~u~d acceptance by City, City will assume ownership and m~inten~u~ce of the utility main(s) and as such shall Itiwe full control over future extensions and connections thereto. 8. For il~e purposes of reimbursement, as provided for in pv~agraph 9, Owner agrees to supply City with a statement of final construction costs. Owner quid City agree to use the final construction cost to develop an average cost per foot. Said average cost per foot shall equal the fiiti~l conswction cost eligible for reimbiu'semcnt, less any allowances for City participation, divided by the total length of utility main eligible for reimbursement as defined by Exhibit "A". 9. In the event tlk~t other owners of property abutting the utility mains extended by Owner under this contract, as slio~vn on the map attached hereto as Exlibit "A" and incorportted by reference herein, shill utilise the extended utility main(s) constructed m~der this agreement by ni~tking connection thereto under a penrit from City within a period of then (10) years from and after the date City lti~s accepted flee constriction of s<~id facilities by tl~e contractor, City agrees to collect from said property owners, vi atnowit equal to their line<1r foot of frontage abutting the utility main times the average cost per foot. In the event tlk~t other Owner(s) leave participated in the cost of the extension of this line(s), 's ,~ sM f ( ~~ ~ MiS, +° F ~12 ~J . :~ ~ ~yt R% U - K Tt ?- tl. - .2111 j4 ~Y..;. .. - ~. .:= . ~ ,~~,~~ PR - rr~ t re'. %"~`~~~ . ~r ~.f~ x« ~ ~ ^ ~ ~ ~ ~"' G~' t R~. ~' -~`"-4Fk"~ao a '' '~. R-+rl~ "Y Y~+.v1,+,.C ..,'~ t ~ ... - {~ : a ... 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PT. nAn TO PT., n n ~ ~ ,> .rtr..-• °" r "~ .~; ~sr .a ~' x ' GIBLE FOR REIMBMENT a` ,~ t ~1- 1~ ~ ::. •• r .. i~ ~ r.. t. a ~i. .- .. -.~ s ., .r. ~ .. X ~t , ~ ,T,r, ~ fi ~3 ) ~ ~~ P~ • • all participating owner(s) shall be reimbursed pro rata to their respective participation in the cost of the line(s). IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several counterparts, cacti of which shall be deemed an original, in the year and day first mentioned above. (Seal) ATTEST: ~} BY: (if ~~ ( dy Secretary of La Porte) (Sea!) :' ,~ `; ,! ~ /. (Witness or Secretary of Corporation) APPRO ~-S TO FORM: / , ! -, ,, ' City Attomcy CITY OF LA PORTE BY: ~ ~ TITLE: (_ ''7'~-~ ~I ~~~`}"G/ ~/ LUBRIZOL CORPORATION Authonzed resentutive of Lubrizol Corporation (Owner) • • • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 14, 2000 Requested By: K Aslcins Department: Report Resolution X Ordinance Ezhibits: Ordinance SUNIlVIARY & RECOMMENDATION The City of La Porte will hold a joint General Election on Saturday, May 6, 2000, with the La Porte Independent School District. Attached you will find apre-clearance submitted to the Justice Department due to minor changes of polling locations. Should there be a need for a runoff election, it will be held on Saturday, June 3, 2000. It is recommended City Council adopt the attached ordinance calling ~e regular annual election of the City of La Porte. Availability of Funds: _ General Fund_ Water/Wastewater _ Capital Lnprovement General Revenue Sharing Other Account Number: Funds Available: YES NO Auoroved for Citv Council Agenda Robert T. Herrera Date City Manager • • A'IR2rNA 61LcE , ; ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P,O. BOX 1218 LA PORTE. TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUGER. JR. BOARD CERTIf~ED - Cw1l TRIAL LAW TE7(w5 BOARD O~ LEGAL SPEC~A 4IZ ATIOn CLARK T. ASKINS February 1, 2000 E%PRE88 MAIL/ RETIIRN RECEIPT REOIISSTED Assistant Att ney General U.S. Depa ent of Justice Civil R' hts Division Votin Section P.O Box 66128 W ington, DC 20035-6128 TELEPHONE 2B1 471-1886 TELECOPIER 281 471-2047 Submission IInder Section 5, Votinq Rights Act Re: Submission of City of La Porte, Texas; La Porte Independent School District, La Porte, Texas, and San Jacinto College District, Pasadena, Texas, Concerning Changes in Names of Polling Places. Dear Sir/Madam: The City of La Porte, Texas; La Porte Independent School District, La Porte, Texas; and San Jacinto College District, Pasadena, Texas, hold joint elections at common polling places, all of which has previously been pre-cleared under the Voting Rights Act. Districts 1 through 6 are the polling places for the City of La Porte. Districts 1 through 7 are the polling places for La Porte Independent School District and San Jacinto College District. None of the physical locations of the polling place buildings, or street addresses, are being changed. However, in order to better inform the electorate in each voting district, of the exact location within the building, at which the polling place will be located, the descriptions of the name, address, and location of the polling places, have been expanded, to read as follows: Election Precinct ~1 Pollinq Place: Lomax Elementary School (Entry Area) 10615 North Avenue "L" La Porte, Texas 77571 Election Precinct #2 Polling Place: Baker Junior High School (Cafetorium) (enter off Underwood Road) 6000 West Main Street (West Main Street/Spencer Highway at Underwood Rd.) La Porte, Texas 77571 • U.S. Department of Justice February 1, 2000 Page 2 A5~5 6~ ARMSTRONG, P. C. ATTORNEYS AT LAW Election Precinct #3 Polling Place: Rizzuto Elementary School (Cafetorium) 3201 Farrington Boulevard La Porte, Texas 77571 Election Precinct #4 Polling Place: Dewalt Alternative School (Library) 401 North 2nd Street La Porte, Texas 77571 Election Precinct #5 Polling Place: LPISD Technology Support Center 301 East Fairmont Parkway La Porte, Texas 77571 Election Precinct #6 Polling Place: La Porte City Hall 604 West Fairmont Parkway La Porte, Texas 77571 Election Precinct #7 Polling Place: College Park Elementary School (Library) 4315 Luella Deer Park, Texas 77536 The earliest election at which these changes would be implemented is the election on May 6, 2000. The proposed description changes will be incorporated in ordinances and resolutions calling elections for the submitting entities. The purpose of the changes is to give the electorate more exact information and directions to the actual polling place locations. If you have any questions contact the undersigned at or need additional information, please telephone number 281-471-1886. Yours-very truly, .~~ , Knox W. Askins City Attorney City of La Porte, Texas RRA : sw • U.S. Department of Justice February 1, 2000 Page 3 cc: Mr. Robert T. Herrera City Manager City of La Porte P.O. Box 1115 La Porte, TX 77572 Ms.. Martha A. Gillett ~ ~~Yty Secretary VCity of La Porte P.O. Box 1115 La Porte, TX 77572 Mr. John Sawyer Superintendent of Schools La Porte Independent School District 301 East Fairmont Parkway La Porte, TX 77571 Dr. Ron Rucker Vice Chancellor for Administration San Jacinto College District 4624 Fairmont Parkway, Suite 202 Pasadena, TX 77504 ASS ~ ARMSTRONG, P. C. ATTORNEYS AT LAW ~ i ORDINANCE NO. 2000-a3?~j AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA FORTE; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAIISE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE $EREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. An election shall be held within the corporate limits of the City of La Porte, Texas, on the 6th day of May, 2000, such day being the first Saturday in May, 2000, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of electing the following City officials: Mayor, for a 3 year term Councilperson--District 2, for a 3 year term Councilperson--District 3, for a 3 year term A run-off election, if necessary, shall be held on Saturday, June 3, 2000, between the same hours. Section 2. Said election shall be held at each of the following voting places within said City, and the following named persons are hereby appointed as officers of said election, to-wit: Election Precinct ~1 Polling Place: Lomax Elementary School (Entry Area) 10615 North Avenue "L" La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the Southern Pacific Railroad tracks and Spencer Highway (West Main Street); THENCE westerly along Spencer Highway (West Main Street) to Big Island Slough; THENCE northerly along Big Island Slough to north boundary of Creekmont Subdivision; • THENCE west along north boundary of Creekmont Subdivision to Underwood Road; THENCE north along Underwood Road to the Southern Pacific Railroad tracks; THENCE southeasterly along the Southern Pacific Railroad tracks, following a curve to the south, and continuing in a southerly direction along the Southern Pacific Railroad tracks to Spencer Highway (West Main Street), to the POINT OF BEGINNING. Election Officials: Melody Elledae , Presiding Judge Jeannie Lunsford , Alternate Presiding Judge Election Precinct #2 Polling Place: Baker Junior High School (Cafetorium) (enter off Underwood Road) 6000 West Main Street (West Main Street/Spencer Highway at Underwood Rd.) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the center line of Big Island Slough and Fairmont Parkway; THENCE west along Fairmont Parkway to the east boundary line of the one hundred .forty one (141) acre San Jacinto Junior College Site, same being the west boundary line of the former College View M.U.D. as described in Article 8280-381, V.A.T.S.; THENCE northerly along the west boundary line, and a northerly projection thereof, of said (College View M.U.D.) to Spencer Highway (West Main Street); THENCE east along Spencer Highway (West Main Street) to the center line of Myrtle Creek Drive; THENCE south along Myrtle Creek Drive to Cedarmont Drive; THENCE southerly along Cedarmont Drive to its intersection with the westerly projection of the rear lot lines of Block 17 in Fairmont Park West Section One; THENCE southeasterly along the rear lot lines of Block 17 in Fairmont Park West Section One, passing through Parkmont Drive and following the rear lot line of Block 18 of Fairmont Park West Section Two, to Quiet Hill Road; 2 • • THENCE westerly along Quiet Hill Road to Willmont Road; THENCE southerly along Willmont Road to its intersection with the westerly projection of the rear lot line of Block 35 in Fairmont Park West Section Two; THENCE easterly along the rear lot lines of Block 35 in Fairmont Park West Section Two to the center line of Roseberry Drive; THENCE northerly along the center line of Roseberry Drive to the center line of Hillridge Road; THENCE easterly along the center line of Hillridge Road to the center line of Big Island Slough; THENCE southerly along the center line of Big Island Slough to the intersection of Fairmont Parkway, to the POINT OF BEGINNING. Election Officials: Inge Browder , Presiding Judge Richard Browder Alternate Presiding Judge Election Precinct #3 Polling Place: Rizzuto Elementary School (Cafetorium) 3201 Farrington Boulevard La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of an Exxon Pipeline Easement and Fairmont Parkway; THENCE west along Fairmont Parkway to center line of Big Island Slough; THENCE northerly along the center line of Big Island Slough to the center line of Hillridge Road; THENCE westerly along Hillridge Road to the center line of Roseberry Drive; THENCE southerly along the center line of Roseberry Drive to the intersection with the easterly projection of the rear lot line of Block 35 in Fairmont Park West Section Two; THENCE westerly along the rear lot line of Block 35 in Fairmont Park Section Two to the center line of Willmont Road; THENCE northerly along the center line of Willmont Road to the center line of Quiet Hill Road; 3 • • THENCE easterly along the center line of Quiet Hill Road to the intersection of the southeasterly projection of the rear lot line of Block 18 in Fairmont Park West Section Two; THENCE northwesterly along the rear lot line of Block 18 in Fairmont Park West Section Two, passing through Parkmont Drive and becoming the rear lot line of Block 17 Fairmont Park West Section One to Cedarmont Drive; THENCE northerly along Cedarmont Drive to Myrtle Creek Drive; THENCE northerly along Myrtle Creek Drive to Spencer Highway (West Main Street); THENCE west along Spencer Highway (West Main Street) to Underwood Road; THENCE north along Underwood Road to the north boundary of the Creekmont Subdivision; THENCE east along the north boundary of the Creekmont Subdivision to Big Island Slough; THENCE southerly along Big Island Slough to Spencer Highway (West Main Street); THENCE east along Spencer Highway (West Main Street) to an Exxon Pipeline Easement; THENCE southerly along an Exxon Pipeline Easement to Fairmont Parkway, to the POINT OF BEGINNING. Election Officials: Joeena Davis , Presiding Judge Jana wood , Alternate Presiding Judge Election Precinct #4 Polling Place: Dewalt Alternative School (Library) 401 North 2nd Street La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of North Broadway Street and the Southern Pacific Railroad tracks; THENCE south along North Broadway Street to Barbour's Cut Boulevard; THENCE east along Barbour's Cut Boulevard to North Brownell Avenue; 4 • • THENCE south along North Brownell Avenue to East Madison Street; THENCE east along East Madison Street to North Holmes Avenue; THENCE southerly along North Holmes Avenue to East Main Street; THENCE westerly along East Main Street to South Broadway Street; THENCE south along South Broadway Street to West "A" Street; THENCE west along West "A" Street to State Highway 146; THENCE south along State Highway 146 to West "B" Street; THENCE west along West "B" Street to South 13th Street; THENCE south along South 13th Street to West "E" Street; THENCE west along West "E" Street to the Southern Pacific Railroad tracks; THENCE north along Southern Pacific Railroad tracks, following a curve to the east of said railroad tracks; THENCE easterly along the Southern Pacific Railroad tracks to North Broadway Street, to the POINT OF BEGINNING. Election Officials: nA*trna~c~e , Presiding Judge FranCZS 3~xd~ , Alternate Presiding Judge Election Precinct #5 Polling Place: LPISD Technology Support Center 301 East Fairmont Parkway La Porte, Texas 77571 Boundaries: TRACT I BEGINNING at the intersection of Barbour's Cut Boulevard and North Brownell Avenue; THENCE east along Barbour's Cut Boulevard to Donaldson Avenue; THENCE southeasterly along Donaldson Avenue to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the 5 • north city limit line of Shoreacres, (or the south line of Tract I); THENCE west along the north city limit line of Shoreacres (or the south line of Tract I) to South Broadway Street (Old Highway 146); THENCE north along South Broadway Street (Old Highway 146) to East Main Street; THENCE easterly along East Main Street to North Holmes Avenue; THENCE northerly along North Holmes Avenue to East Madison Street; THENCE west along East Madison Street to North Brownell Avenue; THENCE north along North Brownell Avenue to Barbour's Cut Boulevard, to the POINT OF BEGINNING. TRACT II BEGINNING at the intersection of South Broadway Street (Old Highway 146) and the south city limit line of Shoreacres (or the north line of Tract II); THENCE easterly along the south city limit line of Shoreacres (or the north line of Tract II) to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the south city limit line of La Porte (or the south line of Tract II) THENCE westerly along the south city limit line of La Porte (or the south line of Tract II) to South Broadway Street (Old Highway 146); THENCE north along South Broadway Street (Old Highway 146) to the south city limit line of Shoreacres (or the north line of Tract II) to the POINT OF BEGINNING. Election Officials: C'_ath~ F.mri r-k , Presiding Judge Mari Ann Trainor , Alternate Presiding Judge Election Precinct #6 Polling Place: La Porte City Hall 604 West Fairmont Parkway La Porte, Texas 77571 6 • Boundaries: ~~ BEGINNING at the intersection of West "A" Street and South Broadway Street; THENCE south along South Broadway Street to the south city limit line of La Porte; THENCE west along the south city limit line of La Porte to the west right-of-way line of State Highway 146; THENCE northeasterly along the west right-of-way line of State Highway 146 to McCabe Road; THENCE west along McCabe Road to the Southern Pacific Railroad tracks; THENCE north along the Southern Pacific Railroad tracks to Fairmont Parkway; THENCE west along Fairmont Parkway to the Humble Pipeline Company right-of-way; THENCE northeasterly along the Humble Pipeline Company right- of-way to West Main Street; THENCE east along West Main Street to the Southern Pacific Railroad tracks; THENCE south along the Southern Pacific Railroad tracks to West "E" Street; THENCE east along West "E" Street to South 13th Street; THENCE north along South 13th Street to West "B" Street; THENCE east along West "B" Street to State Highway 146; THENCE north along State Highway 146 to West "A" Street; THENCE east along West "A" Street to South Broadway Street and the POINT OF BEGINNING. Election Officials: Jim zoiler Presiding Judge Elizabeth Brown , Alternate Presiding Judge Early Votinq Place: La Porte City Hall 604 West Fairmont Parkway La Porte, Texas 77571 7 • • Section 3. Voting at said election, including early voting, shall be by the use of voting machines, and the ballots of said election shall conform to the Texas Election Code, as amended. Section 4. An Early Voting Ballot Board is hereby created to process Early Voting results for the election and the runoff election, if necessary. Peggy Holland is appointed Presiding Judge of the Early Voting Ballot Board. At least two (2) other members of the Early Voting Ballot Board shall be appointed by the Presiding Judge, in the same manner as the precinct election clerks. Early Voting by personal appearance shall begin on the 17th day and shall continue through the 4th day preceding the day of election. Early Voting by mail shall begin on the 45th day preceding the date of the election, or as soon thereafter as ballots are available, and shall continue until seven o'clock (7:00) P.M. on election day. Early Voting shall be conducted by a clerk for Early Voting, namely, Martha A. Gillett , and the place at which the Early Voting shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Early Voting by personal appearance shall be conducted on the weekdays of the early voting period and during the hours that the City Secretary's main business office is regularly open for business. Section 5. The Council Conference Room of the La Porte City Hall is hereby designated as the Central Counting Station to receive all ballots cast at said election, and Martha A. Gillett is 8 • • hereby appointed the Presiding Manager for said Central Counting Station. Said Manager shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Manager in this regard. The City Manager is hereby authorized and directed to obtain, or cause to be obtained, the necessary electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the processing and tabulation of ballots at the Central Counting Station. Section 6. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all early voting materials shall be printed in both English and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The City Secretary of the City of La Porte shall forthwith issue Notice of said election by causing a substantial copy of this Ordinance to be published one time in the BAYSHORE SUN, which is hereby found and declared to be a newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. Section 8. Upon a candidate tendering his application on the form prescribed, the City Secretary shall furnish to such candidate all information relative to the qualifications for the office being sought; the method of placing the candidate's name on the ballot; the amount of the required filing fee; and any other pertinent 9 • information concerning said election; Section 9. Each candidate for the office of Mayor must be a resident elector of the City. Each candidate for the office of District Councilperson must also be a resident of the district for which he files. Section 10. The deadline for a candidate to make application to have his name appear upon the ballot for such election, is hereby designated and established as 5:00 o'clock P.M., Wednesday, March 22, 2000. No application shall be accepted for filing prior to February 21, 2000. The filing fee for each candidate for the office of Councilperson is hereby established as Fifty Dollars ($50.00). The filing fee for each candidate for the office of Mayor is hereby established at One Hundred Dollars ($100.00). The filing fees shall be used to defray the cost of the election, and said fees shall be prorated and any surplus shall be refunded to said candidates. As an alternative to paying a filing fee, a candidate may obtain a place on the ballot by filing a petition as provided for in City of La Porte Home Rule Charter, Article 2.04 c.3. Section il. Said election shall be held in accordance with the provisions of the City Charter of the City of La Porte, and the general election laws of the State. of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 12. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of the City of La Porte, and the City Council shall canvass said returns at the earliest practicable 10 • • time, and shall, immediately after canvassing the returns, declare the results of the election. The Mayor shall immediately thereafter deliver to the candidate for whom the majority of votes has been polled for each respective office, a certificate of election. Such elected officials shall assume their duties within ten (10) days thereafter, Sundays excluded, upon their taking the oath of office . Section 13. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 14. This Ordinance shall be in effect immediately upon its passage and approval. Section 15. 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. 11 • • PASSED AND APPROVED, this 14th day of February, 2000. ATTEST: `~ ~ ~ ~ // Mar ha A. Gillett City Secretary ~----1 APPROVED5: - •~~ Knox W. Askins City Attorney CIT OF LA PORTE By : ~ .~ o man L. Malo e Mayor 12 ORDENANZA NUMERO r~ ~ 0 U - ~ ~') ~l - /~ UNA ORDENANZA LLAMANDO LA ELECCION REGULAR ANUAL DE LA CIUDAD DE LA PORTS; LLAMANDO UNA ELECCION DE EMPATE, SI ES NECESARIO; DESIGNANDO LOS DISTRITOS ELECTORALES Y LUGARES DE VOTACION; PROVES PARA EL USO DE MQUINAS DE VOTACION; NOMBRA OFICIALES DE LA ELECCION; PROVES MEDIOS Y FECHAS PARR VOTACION TEMPRANA; PROVES UNA PIZARRA DONDE SE ANUNCIE LOS RESULTADOS DE LAS VOTACIONES TEMPRANAS; PROVES LOS RESULTADOS E INTERPRETACION DE LOS VOTOS DE DICHA ELECCION; PROVES NOTIFICACIONES; PROVES FECHAS LIMITED Y COSTO DE REGISTRO DE CANDIDATOS; PROVES UNA CLAUSULA DE AHORRO; ASEGURA EL CUMPLIMIENTO CON LA LEY DE ASEMBLEA DE LIBRE ACCESO; Y PROVES LA FECHA EN CUAL TENDRA EFECTO. SEA ORDENADO POR EL CONCEJO MUNICIPAL DE LA CIUDAD DE LA PORTS: SECCION 1. Una eleccion se llevara a cabo dentro de los limites incorporados de la ciudad de La Porte, Tejas, e16 de Majo del 2000, dicho dia siendo el primer Sabado de Mayo de12000, entre las siete de la manana, (7:00 A. M.), y las siete de la noche, (7:00 P. M.); con el proposito de elegir los siguientes funcionarios de la Ciudad: Alcalde -Por un termino de tres (3) anos Consejero -Distrito 2, Por un termino de tres (3) anos Consejero -Distrito 3, Por un termino de tres (3) anos Una eleccion de empate se llevara acabo el Sabado, 3 de Junio del 2000, durante las mismas horas, si to es necesario. SECCION 2. Dichas elecciones reran llevadas a cabo en los siguientes lugares de votaciones de dicha ciudad, y la siguientes personas son nombradas oficiales de dicha eleccion, es decir; • Distrito Electoral #l Lugar De Votacion: Lomax Elementary School (Entry Area) 10615 North Avenue "L" La Porte, Texas 77571 Limites: • COMENZANDO el le interseccion de los rieles del tren Southern Pacific Y Spencer Highway (la calle West Main); DESDE alli al oeste, a to largo de Spencer Highway (la calle West Main) a Big Island Slough; DESDE alli al none, a to largo de sobre Big Island Slough al limite none de la Subdivicion de Creekmont; DESDE alli al oeste sobre el limite none de la Subdivicion de Creekmont hasta Underwood Road; DESDE el none sobre Underwood Road hasta los rieles del tren Southern Pacific; DESDE alli hacia el sureste a to largo de los rieles del tren Southern Pacific siguiendo la curva hacia el sur y continuando en direccion al sur a to largo de las lineas del tren Southern Pacific hasta Spencer Highway (la calle West Main), hasta el punto del COMIENZO. Oficiales Electorales: !~ ~ c ~ ~ , 4 L ~ I ~ `~~ ~-~ ,Juez que Precide J~ ~~, ~1 rl ! .~ L~~nS-F-o~ , ,Juez Suplente Distrito Electoral #2 Lugar de Votacion: Baker Junior High School (Cafetorium) enter off Underwood Rd. 6000 West Main Street West Main Street/Spencer Hwy. At Underwood Road La Porte, Texas 77571 Limites: • • COMENZANDO el la intersection de la lines central de Big Island Slough y Fairmont Parkway; DESDE el oeste sobre Fairmont Parkway hacia el limite este de Los 141 acres del San Jacinto Junior College, siendo este mismo el limite del oeste del que era College View M.U.D., Como to describe el articulo 8280-381, V.A.T.S. DESDE alli hacia el norte a to largo de la lines limite oeste, y de la pane none de la proyeccion de ello, de dicho (College View M.U.D.) hasta Spencer Highway (la calle West Main); DESDE alli al este a to largo de Spencer Highway (la calle West Main), hasta la lines centrica de Myrtle Creek Drive; DESDE alli al sur a to largo de Myrtle Creek Drive hasta Cedarmont Drive; DESDE alli al sur sobre Cedarmont Drive hasta su intersection con la proyeccion del oeste de la lineas traceras de Los lotes de la cuadra 17 en Fairmont Park West Section Uno; DESDE alli hacia el sureste a to largo de Las lineas traceras de la cuadra 17 en Fairmont Park West Section Uno, pasando por Parkmont Drive y siguiendo Las lineas traceras de la cuadra 18 de Fairmont Park West Section Dos, hasta Quiet Hill Road; DESDE alli al oeste sobre Quiet Hill Road a Willmont Road; DESDE alli al sur sobre Willmont Road a su intersection con la proyeccion del oeste de Las lineas traceras de la cuadra 35 en Fairmont Park West Section Dos; DESDE alli al este sobre Las lineas traceras de la cuadra 35 en Fairmont Park West, Section Dos hacia la Linea central de Roseberry Drive; DESDE alli al lado none sobre la lines central de Roseberry Drive hacia la Linea central de Hillridge Road; DESDE alli al lado este sobra la Linea de Hillridge Road hacia la lines central de Big Island Slough; DESDE alli al sur sobre la Linea central de Big Island Slough a la intersection de Fairmont Parkway, hasta el punto del COMIENZO. Oficiales Electorales: • l1~i~, ~jl l; ~~~'GC 1~ ,Juez que Precide ~~C.l1C~i~~ ~ji G ~:: CC~[ ,Juez Suplente Distrito Electoral #3 Lugar de Votacion: Rizzuto Elementary School (Cafetorium) 3201 Farrington Boulevard La Porte, Texas 77571 Limites: COMENZANDO en la interseccion del derecho de paso de la turbia de Exxon y Fairmont Parkway; DESDE alli al oeste a to largo de Fairmont Parkway hasty la Linea central de Big Island Slough; DESDE el none a to largo de la lines central de Big Island Slough hasty la lines central de Hillridge Road; HACIA el oeste sobre Hillridge Road hasty la lines central de Roseberry Drive; HACIA el lado sur a to largo de la lines central de Roseberry Drive hasty le interseccion con la proyeccion del este de la Linea tracers de la cuadra 35 en Fairmont Park West Seccion Dos; DESDE el oeste a to largo de la Linea tracers de la cuadra 35 en Fairmont Park Seccion Dos, hasty la Linea central de Willmont Road; HACIA el lado norte a to largo de la lines central de Willmont Road, hasty la lines central de Quiet Hill Road; DESDE el lado este a to largo de la Linea central de Quiet Hill Road hasty la interseccion de la proyeccion del sureste de la Linea tracers de la cuadra 18 en Fairmont Park West Seccion Dos; DESDE el noroeste a to largo de la Linea tracers de la cuadra 18 en Fairmont Park West Seccion Dos, pasando por Parkmont Drive y convirtiendose en la lines tracers de la cuadra 17 Fairmont Park West Seccion Uno hast Cedarmont Drive; DESDE el norte a to largo de Cedarmont Drive hasty Myrtle Creek Drive; • • DESDE el none a to largo de Myrtel Creek Drive pasta Spencer Highway (la cane West Main) ; DESDE el oeste a to largo de Spencer Highway (la cane West Main), pasta Underwood Road; DESDE el none sobre Underwood Road al limite none de la subdivicion de Creekmont; DEL limite este a to largo del limite none de la subdivicion de Creekmont pasta Big Island Slough; DESDE el sur a to largo de Big Island Slough pasta Spencer Highway (la cane West Main) ; DESDE el este a to largo de Spencer Highway (la cane West Main) pasta el derecho de paso de la tuberia de Exxon; DESDE alli al sur a to largo del derecho de paso de la tuberia de Exxon pasta Fairmont Parkway, pasta el punto del COMIENZO. Oficiales Electorates: . ~ ~ ~ -1 ~ ~U.~ 1 `7 ,Juez que Preside J Li ~ 1 G'` ~~%~~~~ ,Juez Suplente Distrito Electoral #4 Lugar de Votacion: Dewalt Alternative School (Library) 401 North 2nd Street La Porte, Texas 77571 Limites: COMENZANDO el la interseccion de la cane North Broadway y los rieles del tren Southern Pacific; DESDE alli al sur a to largo de la cane North Broadway a Barbour's Cut Boulevard; DESDE alli al este a to largo de Barbour's Cut Boulevard a la Avenida North Brownell; • • DESDE alli al sur a to largo de la Avenida North Brownell a la cane East Madison; DESDE alli al este a to largo de la calle East Madison a la Avenida North Holmes; DESDE alli al sur a to large de la Avenida North Holmes a la calle East Main; DESDE alli al oeste a to largo de la cane East Main a la cane South Broadway; DESDE alli al sur a to largo de la cane South Broadway a la cane West "A"; DESDE alli al oeste a to largo de la cane West "A" a State Highway 146; DESDE alli al sur a to largo de State Highway 146 a la cane West "B"; DESDE alli al oeste a to largo de la cane West "B" a la cane South 13; DESDE alli al sur a to largo de la cane South 13 a la cane West "E"; DESDE alli al oeste sobre la cane West "E" hasta los rieles del tren Southern Pacific; DESDE alli al none a to largo de los rieles del tren Southern Pacific, siguiendo la curva al este de dicho rieles del tren; DESDE alli al este a to largo de los rieles del tren Southern Pacific hasta la cane North Broadway, al punto del COMIENZO. Oficiales Electorales: (j~ (~~~OC ('~ ,Juez que Precide ~~~ I ~ L' l 5 J ~ Y CI Ot 11 ,Juez Suplente Distrito Electoral #5 Lugar de Votacion: LPISD Technology Support Center 301East Fairmont Parkway La Porte, Texas 77571 Limites: ZONA 1 • COMENZANDO en la interseccion de Barbour's Cut Boulevard y la Avenida North Brownell; DESDE alli al este a to largo de Bazbour's Cut Boulevard hasta la Avenida Donaldson; DESDE alli al sureste a to lazgo de la Avenida Donaldson hasta la Linea costera de Galveston Bay; DESDE alli al sureste a to largo de la Linea costera de Galveston Bay a la Linea none del limite de la ciudad de Shoreacres, (o la Linea sur de la Zona 1); DESDE alli al oeste a to lazge del limite none de la ciudad de Shoreacres (o en la lines sur de la Zona 1) a la cane South Broadway (que fue, Highway 146); DESDE alli al norte a to lazgo de la calle South Broadway (que fue Highway 146) a la cane East Main; DESDE alli al este a to largo de la cane East Main a la Avenida North Holmes; DESDE alli al norte a to lazgo de la Avenida North Holmes hasta la cane East Madison; DESDE alli al oeste a to largo de la cane East Madison hasta la Avenida North Brownell; DESDE alli al norte a to largo de la Avenida North Brownell hasta Barbour's Cut Boulevard, hasta el punto de COMIENZO. ZONA II COMENZANDO en la interseccion de la cane South Broadway (que fue Highway 146) y el limite sur de la ciudad de Shoreacres (o la Linea norte de la Zona II); DESDE alli al este a to lazgo del limite sur de la ciudad de Shoreacres (o la Linea norte de la Zona II) a la Linea costera de Galveston Bay; DESDE alli al sur a to lazgo de la Linea costera de Galveston Bay hasta el limite sur de la ciudad de La Porte (o la Linea sur de la Zona II); DESDE alli al oeste a to lazgo del limite sur de la ciudad de La Porte (o la Linea sur de la Zona II) hasta la calle South Broadway (que fue, Highway 146); DESDE alli al norte a to lazgo de la calle South Broadway (que fue, Highway 146) hasta el sur de la ciudad de Shoreacres (o Linea norte de la Zona II) al punto del COMIENZO. Oficiales Electorates: • C~~~ ~l~.i E~~l rick ,Juez que Precide 'l 11 r ~ r G~ I I lF ~~ Juez Suplente Distrito Electoral #6 Lugar de Votacion: La Porte City Hall 604 West Fairmont Parkway La Porte, Texas 77571 Limites: COMENZANDO con la interseccion de la calle West "A" y la calle South Broadway; DESDE alli al sur a to largo de la calle South Broadway hasta el limite sur de la ciudad de La Porte; DESDE alli al oeste a to largo del limite sur de la ciudad de La Porte hasta el oeste de la Linea del derecho de via de State Highway 146; DESDE alli al lado noreste a to largo del este de la Linea del derecho de via de State Highway 146 a McCabe Road; DESDE alli al oeste a to largo de McCabe Road hasta Los rieles del tren Southern Pacific; DESDE alli al none a to largo de Los rieles del tren Southern Pacific hasta Fairmont Parkway; DESDE alli al oeste a to largo de Fairmont Parkway hasta el derecho de via de Humble Pipeline Company; DESDE alli al noreste a to largo del derecho de via de Humble Pipeline Company hasta la calle West Main; DESDE alli al este a to largo de la calle West Main hasta Los rieles del tren Southern Pacific; DESDE alli al sur a to largo de Los rieles del tren Southern Pacific hasta la calle West "E"; • DESDE alli al este a to lazgo de la calle West "E" hasta la calle South 13; DESDE alli al none a to lazgo de la calle South 13 hasta la calle West "B"; DESDE alli al este a to largo de la calle West "B" hasta State Highway 146; DESDE alli al none a to largo de State Highway 146 hasta la calle West "A"; DESDE alli al este a to largo de la calle West "A" a la calle South Broadway hasta el punto del COIVIIENZO. Oficiales Electorales: ~I tb1 ~ 0 ` ~ e ~ ,Juez que Precide .__._~ ~~ I ~ZU ' ~ ~(~ C ~~~ i 1 ,Juez Suplente Lu~ares de Notation Temprana: La Porte City Hall 604 West Fairmont Parkway La Porte, Texas 77571 Section 3. La votacion en dicha election, incluyendo la Votacion Temprana, sera con el use de maquinas de votacion, y la papeleta de votacion de dicha election, sera conforme a el Codigo Electoral de Tejas, a Como ha sido enmendado. Section 4. Una junta de Votacion Temprana es creada pars procesar los resultados de las elecciones de votacion temprana y si fuera necessario pars votaciones finales. ~~~I ~ ~ ~ A i1 ~ es nombrada como la Juez que Precide la Votacion Temprana. Por to menos otros miembros de la junta seran nombrados por el Juez que precide, y en la misma manera como asistente de election dei distrito electoral. Votaciones Tempranas en persona comenzaran el dia 17 y continuaran hasta el cuarto dia precediendo la election. • Votaciones Tempranas por correo comenzaran el dia 45 precediendo la fecha de eleccion y continuaran hasta Las siete de la noche (7:00 P. M.) el dia de la eleccion. Votaciones Tempranas seran conducidas por la secretaria de Votaciones Tempranas, ~~ ~~ ~~ r1C~ ~ . L~ ~ ~ I { ~N , y el Lugar en el cual Las Votaciones Tempranas seran conducidas es designado como La Porte City Hall, 604 West Fiarmont Parkway, La Porte, Texas, a cuya direccion Las aplicaciones para Las papeletas de votacion y la votacion hecha por correo podran ser enviadas. Votaciones tempranas hechas en persona seran conducidas en Los dias designados para votaciones tempranas durante Las horas que la oficina principal de negocios de le Secretaria de la Ciudad se encuentra abierta al publico. Seccion 5. El cuarto de conferencia del consejo de la ciudad de La Porte, esta aqui designado como la Estacion Central de Computar para recibir todas Las papeletas de votacion de dicha elecction y Martha A. Gillett es nombrada como la Gerente que precide dicha Estacion Central De Computacion. Dicha Gerente nombrara cualquier asistente para ayudar a recibir Las papeletas de votacion y otros documentos, y podra ejecutar otros trabajos delegados por dicha Gerente concernientes con dicho proyecto. El administrador de la ciudad esta autorizado a obtener o hacer que se obtenga el equipo electronico de tabular necesario, de ordenar la prueba de alli en adelante como es proveido por la ley y de emplear un administrador calificado y a un supervisor de tabulacion calificado para desempenar respectivamente impuestos por la ley con respecto al proceso y tabulacion de papeletas de votacion en la Estacion Central de Contabilidad. • • Seccion 6. Que todo el material de eleccion incluyendo aviso de eleccion, papeletas de votacion, tarjetas de instrucciones, juramentos y otras formas que requieran que el votante sea requerido a firmar y todo el material para la votacion temprana seran estampado en Ingles y Espanol, o la traduccion del Espanol sera disponible el las circumstancias permitidas y en la manera que to requiere la ley. Seccion 7. La Secretaria de la Ciudad de La Porte emitira enseguida un aviso de dicha eleccion al hacer que una copia verdadera de esta Ordenanza sea publicada una vez en el BAYSHORE SUN, el cual se ha encontrado y confirmado ser un Periodico de circulacion general de dicha Ciudad, no menos de diez (10) dias o mas de treinta (30) digs antes de la fecha de dicha eleccion. Seccion 8. Al entregar el candidato su aplicacion en la forma prescrita, la Secretaria de la Ciudad, dara a dicho candidato toda la informacion necessaria para la calificacion de puesto que se esta buscando; el metodo de colocar el nombre del candidato en las papeletas de votacion; la cantidad de dinero requerido para registrarse; y cualquier otra informacion neccesaria que tenga que ver con la eleccion. Seccion 9. Cada candidato para el puesto de Alcalde debera de ser un residente votante de la Ciudad. Cada candidato para el puesto de Consejero de Distrito, tambien debera de ser residente del distrito por el cual se esta registrando. Seccion 10. La fecha de vencimiento para que el candidato hags su aplicacion, para que su nombre aparezca en las papeletas de votacion, esta aqui designado y establecido Como las 5:00 P.M. (cinco de la tarde), Miercoles, 22 de Marzo del 2000. • Ninguna aplicacion sera aceptada pars registrarse antes del 21 de Febrero del 2000. El precio del registro para cada candidate para consejero esta establecido que sera de $50.00, (cincuenta dolares). Este dinero sera usado para costear los gastos de la eleccion, y dicho precio sera prorrateado y si hay sobrante sera regresado a dichos candidates. Como alternative para pager el registro, el candidate puede obtener un Lugar en la papeleta de votacion al llenar una peticion proveida per la Carta constitucional del gobierno propio de la Ciudad de La Porte, Articulo 2,04 c.3. Seccion 11. Dicha eleccion sera llevada a Cabo de acuerdo con Las proviciones de la carts constitucional de La Porte, y Las leyes de Las elecciones generates del Estado de Tejas de gobernando elecciones generates y elecciones municipales, siempre y cuando esto sea aplicable a ello. Seccion 12. Inmediatamente despues de dichas elecciones, el oficial encargado here le entrega de Los resultados y de Los documentos acomplanantes para el use de una encuesta oficial del Consejo Municipal de la Ciudad de La Porte; y el Consejo Municipal de la Ciudad interpretara dichos resultados to mas pronto posible, a inmediatamente despues de haberlos interpretado, declararan Los resultados de la eleccion. El Alcalde inmediatamente le entregara al candidate per el cual la mayoria hen votado para cada puesto, un certificado de eleccion, Dicho oficial elegido asumira sus responsabilidades en Los sigientes diez (10) digs, excluyendo el Domingo, al haber recibido juramento al asumir el cargo. Seccion 13. Toda y Cade provicion, parrafo, oracion y clausula de esta Ordenanza, ha side considerada separadamente y aprovada per el Consejo Municipal de la • • Ciudad de La Porte, Tejas y cede dicha provision pudo haber sido aprovada separadamente sin ninguna otra provision, y si alguna provision de aqui en adelante no es efectiva, invalida inconstitucional, por cualquier motivo, no impedira o afectara el resto de la provision, o ninguna otra pane, pero la pane valida sera enforzada Como si hubiese sido aprovada separadamente. Seccion 14. Este Ordenanza estara en efecto inmediatamente al ser aprovada. Seccion 15. El Consejo Municipal encuentra, determine, recite, y declara que un aviso por escrito con la fecha, hora, lugar y objeto de esta reunion del Consejo Municipal fine puesta en un lugar conveniente pars el publico en la Municipalidad de la Ciudad con el tiempo requerido por la ley precediendo esta reunion, como to es requerido por la Lay de Asemblea de Libre Acceso, Capitulo 551, slave del Gobierno de Tejas, y que esta asemblea ha sido abierta al publico todo el tiempo que es requerido por la ley durante el cual esta ordenanza y cualquier otro asunto haya sido discutido, considerado y formalmente aceptado. El Consejo Municipal ratifica, aprueba, y confirma dichos avisos por escrito y el contenido de anunciarlo de alli en adelante. ACEPTADO Y APROVADO este die 14 de Febrero de12000. CIUDAD DE LA PORTS POR o~- Norman ne, Alcalde TESTIFICA: '~ '~ . ~ c C ..r~l,~~~. Martha A. G llett, Secretaria de la Ciudad APPROVADO POR: '~ ~ /Q.. ' tl 7 /// Knox W. Askins, Abogado de la Ciudad • RE VEST )~ CITY COUNCIL AGENDA TTEM• Agenda Date Requested: Requested By: X Report Exhibits: None Department: Police Resolution SUMMARY & RECOMMENDATION Ordinance The La Porte Police Department was awarded a Bureau of Justice Assistance, Local Law Enforcement Block Grant (98LBVX3944) for the total amount of $28,299. These grant funds were to be used to purchase equipment for the Police Department. A Public Grant Review Board was created to hold a public hearing to make a recommendation to the Chief of Police on how these grant funds should be expended. The Board on 02/16/99 recommended these funds be expended in the purchasing of "Eyewitness" video camera systems for Patrol vehicles. This system consists of the recording unit in a secure lock box, a color camera with 12:1 zoom, a color monitor, a microphone kit, and an overhead console control kit. These systems will be installed in Patrol units allowing the Department to record activity conducted by officers and provided a visual record of any pursuit the vehicle becomes involved in. This system is also a secure system in that the individual officer will not be able to access the recording unit in the lock box in the trunk of his vehicle. The Police Department is requesting authorization to purchase six (6) of these Eyewitness Video Systems for the amount of $26,490 from the Local Law Enforcement Block Grants (98LBVX3944) funds. Action Required by Council: Approve expending amount requested from Grant funds Availability of Funds: _ General Fund _ Capital Improvement X Other _ Water/Wastewater _ General Revenue Sharing Account Number: 00152535218021 Funds Available: X YES _ NO Aaaroved for Citv Council Agenda Robert T. Herrera Date City Manager • ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORT E. TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUBER. JR. BOARD CERTIFIED - CIVIL TRIAL LAw TEXAS BOARD OF LEGAL BPECIALIZ ATION CLARK T. ASKINS February 7, 2000 Hon. Mayor & City Council City of La Porte City Hall La Porte, Texas Mr. Robert T. Herrera City Manager City of La Porte City Hall La Porte, Texas Ms. Martha A. Gillett Q~f ty Secretary City of La Porte City Hall La Porte, Texas Dear Folks: TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 Each of you will find enclosed with your .letter, a Memorandum to Texas City Attorneys, from the TML Legal Department, in reference to Attorney General Opinion JC-169; and a full copy of Opinion No. JC-169. The question of whether a governmental body may permit members of the public to comment in public meetings on matters not specified in the posted meeting notice, has been a difficult problem, since passage of the Open Meetings Law. Many years ago, I advised City Council to simply listen to public comments, and not enter into discussion of the matter being presented. I think this has worked well, and has kept the City of La Porte within the bounds of the Open Meetings Law. However, the quoted paragraph at the bottom of page 1 of the TML memo, establishes a new threshold of compliance, which all cities will have to address. As you are aware, the City Council agendas are made up the week before the meeting, and posted late Thursday, or Friday at the latest, before a Monday meeting. Other than matters, that City staff may be aware of from independent sources, which might likely come up at the meeting, the only other way to comply with this provision would be to require members of the public to sign up by Wednesday preceding the meeting, for their time on the agenda, at which time they would be required to state the topic of their proposed comments. City of La Porte February 7, 2000 Page 2 ASK & ARMSTRONG, P. C. ATTORNEYS AT LAW If Council wishes, this matter could be placed on Council agenda as a workshop item, for Council to give staff direction on future handling of these matters. Please call me if you have any questions. Yours very truly, x W. Askins City Attorney City of La Porte KWA:sw Enclosure cc: Mr. John D. Armstrong Mr. Charles R. Huber, Jr. Mr. Clark• T. Askins TML T E X A S MUNICIPAL LEAGUE January 28, 2000 MEMORANDUM TO: Texas City Attorneys FROM: TML Legal Department SUBJECT: Attorney General Opinion JC-169 The Texas Attorney General has released Opinion No. JC-169 which addressed this request: "Whether a governmental body may permit members of the public to comment at public meetings on matters not specified in the posted meeting notice." I R? I Rutherford lame Suite dl)n nt,~at,.'I~xa< 7R75J-5128 51 ?/7I9-61(p Fux:512/719-690 In his opinion, the Attorney General concludes "that while such sessions constitute meetings for which notice must be given, the terms `public comment,' `public forum,' `open mike,' or some other generic term, provide sufficient notice for the kind of sessions" described in this request. The purpose of this memorandum is to alert you to other statements in the opition. The opinion also states: "We caution that the use of public comment or similaz term will not provide adequate notice if the governmental body is, prior to the meeting, awaze, or reasonably should have been awaze, of specific topics to be raised. If, for example, a governmental body is apprised in advance that members of a particular neighborhood association will be present to comment on drainage problems, it must insure that its notice is tailored to its prior knowledge." (Emphasis Added) Webxite: www.tml.org Although the Attorney General's opinion reached the conclusion that the practice of many cities to allow public comment at meetings was legal, the. note of "caution" contained in the opinion should not be underestimated. The term "public comment" will not be sufficient notice if the governmental body reasonably should have been aware of specific topics to be raised. As you know, the consequences of failing to provide sufficient notice are significant. Complying with the standard of `4~easonably should have ,been aware" may force you to consider alternatives that may not be politically popular but that are prudent. The problem is that the opinion could trigger a notice requirement under a number of scenarios: a neighbor telling a councilmember that he will "see him Thursday at the meeting to complain about the change in the garbage collection schedule", or a neighborhood association newsletter encouraging its members to "go to the city council meeting to voice your objection to a change in zoning." Realistically, any subject that is controversial or which there is a great deal of interest could be a subject that a citizen might want to address and may easily fall within the category that would require more specific notice. If the city council decides to have a "public comment" period during its meeting, it may be prudent to have a policy of ensuring that the posted notice is in compliance with the Act. To avoid these situations, you may want to consider a policy that would require persons who want to comment at a meeting to register and provide the subject that will be discussed. This registration should take place prior to the meeting and with enough time to meet the time requirements in the Open Meetings Act for posting notice. This will enable the city to post a notice that will comply with the statute as interpreted by the Attorney General. Compliance with the Open Meetings Act is crucial, and a procedure such as this may be the only way to avoid unintentional violations of the statute. © The text of the opinion is on the Attorney General's website at www.oa~.state.tx.us, or you can get a copy by calling the TML Legal Department at 512-231-7400. 2 • ~•~~ OFFICE OP THE ATTONNEY GENERAL • STATE OF TEXAS ~OHN CORNYN January 24, 2000 u The Honorable Tim Curry Opinion No. JC-0169 Tarrant County Criminal District Attorney Justice Center Re: Whether a governmental body may permit 401 West Belknap members of the public to comment at public Fort Worih, Texas 76196-0201 meetings on matters not specified in the posted meeting notice (RQ-0098-JC) Dear Mr. Curry: You have requested our opinion as to whether a governmental body may permit members of the public to offer comments at public meetings regarding matters not specified in the posted meeting notice. We conclude that it may do so. The Open Meetings Act, chapter 551 of the Government Code, requires that every meeting of a governmental body be open to the public, except for executive sessions as permitted by the statute. See TEX. GOVT CODE ANN. ~ 551.002 (Vernon 1994). A meeting that is "open to the public"under the Act is one that the public is entitled to attend. See Tex. Att'y Gen. Op. No. M-220 (1968) at 5. The Act does not give the public a right to speak at such meetings. See Charlestown Homeowners Assn, Inc. v. LaCoke, 507 S.W.2d 876, 883 (Tex. Civ. App.-Dallas 1974, writ ref d n.r.e.); Tex. Att'y Gen. Op. Nos. JM-584 (1986) at 3; H-188 (1973) at 2; Tex. Att'y Gen. LO-96- 111, at 1; see also Eudaly v. City of Colleyvrlle, 642 S. W.2d 75, 77 (Tex. App.-Fort Worth 1982, writ refd n.r.e.) (distinguishing between "public meeting," where public was not entitled to comment, and "public hearing," where public was entitled to comment). 1f a governmental body wishes to allow members of the public to speak at its public meetings, it may adopt reasonable rules consistent with relevant provisions of law allowing them to do so. See Tex. Att'y Gen. Op. No. H-188 (1973) at 2; Tex. Att'y Gen. LO-96-111, at 1. As you point out in your request letter, numerous governmental bodies have allowed for public comment at their meetings, subject to rules they have developed. You indicate: [I]t has become increasingly common for units of local government to invite any member of the public to make whatever comments they desire in the public forum at the time of the public meeting. Some entities permit any member of the public to speak as long as they desire; others permit a few minutes per speaker per meeting. The member of the public typically shows up, fills out a card indicating they wish to address the body; and then is called upon when the • The Honorable Tim Cunry -Page 2 (JC-0169) ~~ comments section of the meeting is reached. Topics are usually entirely at the discretion of the speaker. Letter from Honorable Tim Cunry, Tarrant County Criminal District Attorney, to Honorable Iohn Cornyn, Texas Attorney General, at 3 (Aug. 6, 1999) (on file with Opinion Committee), Prior to 1987, a `"meeting" under the Open Meetings Act was defined to require a "deliberation" between the members of a governmental body. Thus, members of a govenunental body could meet privately to receive information from and ask questions of their employees or of third parties, so long as they did not discuss any public business among themselves. See Dallas Morning News Co. v. Board ojTrustees, 861 S.W.2d 532 (Tex. App.-Dallas 1993, writ denied). In 1987, the definition of "meeting" was amended to include any deliberation between a quorum of members of a governmental body and any other person" at which public business or policy is discussed or at which formal action is taken. Act of May 31, 1987, 70th Leg., RS., ch. 549, § 1, 1987 Tex. Gen. Laws 2211. The deftnition of "deliberation" was simultaneously amended to include a'~-erbal exchange during a meeting ... between a quorum of members of a governmental body and any other person." Id. In Dallas Morning News Co., the court found that: a briefing session with third parties where the public is excluded and the governmental body does not engage in a verbal exchange with representatives of the third party or engage in verbal exchange between its own members about the issue within its jurisdiction or any other public business, is not a deliberation as defined by the Act. Therefore, there is not a meeting as defined by the Act. Dallas Morning News Co., 861 S. W.2d at 537. Thus, between 1987 and 1999, when a quorum of a governmental body met to listen in silence to a briefing by a third party, that gathering did not fall within the definition of "meeting" and was hence not subject to the Open Meetings Act. Consequently, from 1987 to 1999, a goventmental body could hold a "public eomtnent" session without providing specific notice of the topics to be discussed, on the ground that, so long as its members merely listened, the gathering was not a "meeting." In its most recent session, the legislature once again amended the definition of "meeting" to provide: (A) a deliberation between a quorum of a governmental body, or between a quonun of a goven~unental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action; or • The Honorable Tim Curry -Page 3 (JC-0169) L~ (B) except as otherwise provided by this subdivision, a gathering: (i) that is conducted by the governmental body or for which the governmental body is responsible; (ii) at which a quorum of members of the governmental body is present; (iii) that has been called by the governmental body; and (iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the puhlic business or puhlic policy over which the governmental body has supervision or control. The teen does not include the gathering of a quorum of a governmental body at a social function unrelated to the public business that is conducted by the body, or the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, if formal action is not taken and any discussion of public business is incidental to the social function, convention, or workshop. The term includes a session of a governmental body. TEX. Gov'T CODE ANN. § 551.001(4) (Vernon Supp. 2000) as amended by House Bill 156, Act of May 22, 1999, 76th Leg., R.S., ch. 647, § 1, 1999 Tex. Gen. Laws 3218 (emphasis added). As a result of this new language, it is clear that a "public comment" session is now encompassed within the defitition of "meeting," since `public comment" necessarily implies that the "members" of the governmental body will "receive information from ... or receive questions From [a] third person." See id. The Open Meetings Act requires written notice of all meetings. Section 551.041 provides that "[a] governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body." Id. § SS 1.041 (Vernon 1994) (emphasis added). See City ojSan Antonio v. Fourth Court vjAppeals, 820 S.W.2d 762, 765 (Tex. 1991); see also Texas Turnpike Auth. v. City ojFort Worth, 554 S.W.2d 675 (Tex. 1977); Lower Colorado RiverAuth. v. City ojSan Marcos, 523 S.W.2d 64] (Tex.197S). Notice should be more specific where the matter is of particular interest to the public. See Cox Enterprises, Inc. v. Board ojTrustees, 706 S. W.2d 956, 958-59 (Tex.198~. In 1975, this oirce said that such terms as "new business,""old business," "regular or routine business," or "other business" were insufl;icicnt to inform the public of the nature of the items to be addressed. Tex. Att'y Gen. Op. No. H-662 (1975) at 3. On their face, these cases and opinions might seem to preclude the use of a broad term such as "public comment." Such a • The Honorable Tim Curry -Page 4 (JC-0169) reading, however, would misconstrue the purpose both of the statute's notice requirement and of a "public comment" session. The cases and opinions cited above construe the notice requirements of the Open Meetings Act to further the statute's intended purpose of opening governmental decision-making to the public. The public comment sessions at issue do not involve deliberations by a governmental body. The Dallas Morning News case, the only judicial decision to address one-way communications by third parties to a governmental body, concerned a formal report by a representative of the state agency with supervisory authority over the school district. The meeting in Dallas Morning News Co. was very different from the public comment sessions you have described. The school board knew well before the meeting that a Texas Education Agency representative would present a report on the district's accreditation. Had it been required to post notice of the meeting, it could easily have done so. A governmental body decides what it will discuss at its meetings, and it knows or can learn in advance the subject matter of reports or briefings by employees, consultants, auditors, persons engaged in business with the governmental body, and by other third parties with a special connection to the governmental body. Thus, there are no particular difficulties in providing notice of the subject matter of such presentations. Unlike such briefings and presentations for which a governmental body may post specific notice of the particular subject matter, public comment sessions pose notable difficulties in predicting the subject matter of citizen comments and questions. We cannot expect a governmental body to divine or foresee the myriad ofmatters its constituents wish to bring to its attention. Rather, public comment sessions provide an opportunity for citizens to speak their minds on an unlimited variety of subjects. They furnish an outlet for real and imagined grievances. Moreover, they are held, not behind closed doors, but in the bright light of an open fonun. They have been an integral part ofpublic meetings since well before the adoption of the Open Meetings Act in 1967. See e.g., Slate v. Hellman, 36 S.W.2d 1002, 1004 (Tex. 1931) ("[F]requently citizens interested in matters to be acted upon by the council appeared before them at their meetings: ~; Swank v. Skarp, 358 S.W.2d 950, 951 (Tex. Civ. App.-Dallas 1962, no writ) ("[R]ules of the Council shall provide that citizens ...shall have s reasonable opportunity to be heard.' (citation omitted). There is not the slightest indication in the t~ecord that the legislature, by amending the definition of "meeting" in 1999, meant to abolish them. To require specific notice of the items raised during apublic comment session would, we think, effectively end the practice. This construction-entirely prohibiting public comment sessions-is inconsistent with the principles of open government advanced by the Open Meetings Act. Thus, we conclude that while such sessions constitute meetings for which notice must be given, the terms "public comment," "public forum," "open mike," or some other generic term, provide sufficient notice for the kind of sessions you describe. We caution that the use of "public comment" or similar term will not provide adequate. notice if the governmental body is, prior to the meeting, aware, or reasonably should have been aware, of specific topics to be noised. If, for example, a govenunental body is apprised in advance that members of a particular neighborhood association will be present to comment on drainage • The Honorable Tim Curry - Page S (JC-0169) L J problems. it must insure that its notice is tailored to its prior knowledge. See Cox Enterprises, 706 S.W.2d 956. We must also briefly explain how our conclusion here relates to section 551.042 of the Act. That section provides: (a) If, at a meeting of a governmental body, a member of the public or ofthe governmental body inquires about a subject forwhich notice has not been given as required by this subchapter, the notice provisions of this subchapter do not apply: (1) a statement of specifec factual information given in response to the inquiry; or (2) a recitation of existing policy in response to the inquiry. (b) any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting. Tex. t.iOV'T CODE ANN. § 551.042 (Vernon 1994). This provision relates to "inquiries" from members of the public. Its purpose is to authorize a governmental body to make a limited response to an inquiry from the public about a subject not included on the posted notice and to prevent it from engaging in "deliberation" or making a "decision" about the subject matter of the inquiry. When an inquiry or a comment from a member of the public requires such deliberation or decision, members of the governmental body may respond merely that the matter shall be placed on a future agenda. You also ask whether "employee briefing sessions" may be held without specific notice under the category denominated "public comment" or "statl'briefing." Between 1987 and 1999, "employee briefing sessions" were permitted to be held in executive session. Section 551.075 provided: (a) This chapter does not require a governmental body to confer with one or more employees of the governmental body in an open meeting if the only purpose of the conference is to: (1) receive information from the employces; or (2) question the employees. (b) During a conference under Subsection (a), members of the governmental body may not deliberate public business or agency policy that affects public business. • The Honorable Tim Curry -Page 6 (,tc-0169 ) • Act of May 4, 1993, 73d Leg., R.S., ch. 268, § 1, sec. 551.075, 1993 Tex. Gen. Laws 583, 590. According to opinions of this office, "staff briefing sessions," under the prior law, were not "meetings" within the Act, and were therefore not required to be open to the public or to be preceded by notice. ~ See Tex. Att'y Gcn. Op. Nos. DM-191 (1992) at 3; JM-1058 (1989). A "staff briefing session," taking place without notice or scrutiny, could provide an opportunity for secoet deliberations. The bill analysis for House Bill 156 reported that "[a]t least one state board has conducted its deliberations as part of staffbriefings that aze closed to the public:' HOUSE STATE AFFAIRS COMM., Tex. H.B. 156, 76th Leg., R.S. (1999). House Bill 1 S6 deleted the general authorization for briefing sessions from section 551.075 and replaced it with a provision applicable only to the board of trustees of the Texas Growth Fund. See Act of May 22,1999, 76th Leg., R.S., ch. 647, § 2, sec. 551.075, 1999 Tex. Gen. Laws 3218-19 (codified at TEX. Gov'T Cove A1~M. § 551.075 (Vernon Supp. 2000)). Whether "employee briefing sessions" were more properly characterized as entirely outside the definition of "meeting," or a permissible subject for a properly noticed executive session, the enactment of House Bill 156 makes cleaz that (1) they now fall squazely within the definition of "meeting;" and (2) they may not be held in executive session unless some other exception is applicable. Furthermore, we believe that a generic notice, such as "employee briefing sessions," is inadequate for such a session. A governmental body's relationship to its employees is entirely different from its relationship to the general public. It exercises control over its employees and presumably can ascertain in advance what subjects a partieulaz employee will address. 1n any event, the amended definition of "meeting"and the repeal of the executive session provision for employee briefing sessions mean that staffbriefings may be conducted only in public, unless some specific exception of the Act applies. The Honorable Tim Curry -Page 7 (1C-0159 ) S U M M A R Y "Public comment" provides sufficient notice under the Open Meetings Act of the subject matter of "public comment" sessions where the general public addresses the governmental body about its concerns and where the governmental body does not comment or deliberate except as authorized by section SS T.042 of the Government Code. "Employee briefing" or "staffbriefing"does not give adequate notice of subjects presented to a governmental body by employees or staR'members. Yo s very truly, C~~ JOHN CORNYN Attorney General of Texas ANDY TAYLOR First Assistant Attorney General CLARK KENT ERVIN Deputy Attorney General -General Counsel ELIZABETH ROBINSON Chair, Opinion Committee Rick Gilpin Assistant Attorney General -Opinion Committee • ORDINANCE NO. 1435 • AN ORDINANCE ESTABLISHING ORGANIZATION AND PROCEDURES FOR CITY COUNCIL MEETINGS; 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 1-201. Regular Meetinas. (A) Time. The City Council shall hold regular meetings on the first and third Wednesday of each month, at 6:00 o'clock p.m.; provided, however, that when the day fixed for any regular meeting of the Council falls upon a day designated by law as. a legal or national holiday, such meeting shall be held on such subsequent date as determined by City Council. (B) Time. The City Council shall hold special workshop meetings on such dates and at such times as determined by City Council. (C) Place. All regular, special, and workshop meetings of the City Council shall be held in the Council Chambers, City Hall, 604 West Fairmont Parkway, in the City of La Porte, Harris County, Texas, unless otherwise directed by City Council, or required by law. Section 1-202. Special Meetinas. The Mayor on his own motion or at the request of the City Manager shall call special meetings of the City Council whenever in their opinion the public business may require it, or at the express written request of any three (3) members of the Council. Whenever a special meeting shall be called, written notice thereof shall be delivered to each member of the Council, or, if written notice cannot be timely delivered, telephone notice shall be given, stating the date and hour of the meeting and the purpose for which such meeting is called. Section 1-203. enda. All reports, communications, ordi- nances, resolutions, contract documents, or other matters to be submitted to the Council shall, at least five (5) days prior to each Council meeting, be delivered to the City Secretary, whereupon the City Secretary shall immediately arrange a list of such matters according to the Order of Business and furnish each member of the Council, the Mayor, the City Manager, and the City Attorney with a copy of the same prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. None of the foregoing matters shall be presented to the Council by administrative officials except those of an urgent nature, and the same; when so presented, shall have the written approval of the City Manager before presentation. Section 1-204. The Presiding Officer--Duties'. The presiding officer~e Council shall be t e Mayor. The Presiding Officer shall preserve strict order and decorum at all regular and special. meetings of the Council. He shall state every guastion coming • • Ordinance No. 1435, Page 2. before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He shall be entitled to vote on all questions. He shall sign all ordinances and resolutions adopted by the Council during his presence. In the event of the absence of the Mayor, the Mayor Pro Tem shall sign ordinances or resolutions as then adopted. Section 1-205. Call to Order--Presidin Officer. The Mayor, or inTi s absence, the Mayor Pro Tem, shall take t e chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or the Mayor Pro Tem, the City Secretary, or his Assistant, shall call the Council to order, whereupon a temporary chairman shall be elected by members of the Council present. Upon arrival of the Mayor or the Mayor Pro Tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immedi- ately before the Council. Section 1-206. Roll Call. Before proceeding with the busi- ness of the Counc 1, tie Comity Secretary or his deputy shall call the roll of the members, and the names of those present shall be entered in the minutes. Late arrivals or departures of Council members shall be noted by the Presiding Officer, and recorded by the City Secretary fn the minutes. Section 1-207. Quorum. A majority of all the members elected to the Counc~ll constitute a quorum at any regular or special meeting of the Council. In the absence of a quorum, the Presiding Officer shall, at the instance of any three (3) members present, compel the attendance of absent members. Section 1-208. Order of Business. All meetings of the Counc 1 shall be open to the publ c, n accordance with the Texas Open Meetings Law. Promptly at the hour set by law on the day of each regular meeting, the members of the Council, the City Secretary, the City Attorney, the Mayor, and the City Manager, shall take their regular stations in the Council Chambers, and the business of the Council shall be taken up for consideration and disposition in the following order: 1. Invocation. 2. Public Hearings. 3. Approval of minutes of previous meeting. 4. Petitions, remonstrances, communications, and citizens and taxpayers wishing to address the }3:- Council. - - - 5. Report of Officers--Boards--Committees. ..:::~-~T~ 6. Introduction and adoption of resolutions and ordinances. 7. Unfinished Business. 8. Consent Agenda. (Any member of the Council may remove any item from the Consent Agenda for discussion.) 9. New Business. 10. Workshop items, if time permits. (Any Council Member present may tag any item, which shall have the effect of tabling the same until the next regular meeting of Council.). Ordinance No. 1435, Page 3. 11. Administrative Reports. 12. Council Action. 13. Executive Session, if needed. 14. Adjournment. u Section 1-209. Readin of Minutes. Unless a reading of the minutes o a Council meet ng s requested by a member of the Council, such minutes may be approved without reading if the City Secretary has previously furnished each member with a copy thereof. Section 1-210. Rules of Debate. (A) Presiding Officer May Debate and Vote, Etc. The Mayor or Mayor Pro Tem, or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilperson by reason of his acting as the Presiding Officer. (B) Gettin the Floor--Im ro er References to be Avoided. Every member des ring to spea shall address the C air, and, upon recognition by the Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (C) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. (D) Privilege of Closing Debate. The Councilperson moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. (E) Motion to Reconsider. A motion to reconsider any action taken by t e Counc 1 may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council. (F) Remarks of Councilperson--When Entered in Minu~es. A Counci person may request, through t e Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. • Ordinance No. 1435, Page 4. • (G) S no sis of Debate--When Entered in Minutes. The City Secretary may be d rected by the Pres ding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. Section 1-211. Addressing the Council. The City Secretary shall provide cards at the rear of the Council Chambers, where any taxpayer or resident, or his authorized representative. may sign his name, address, and indicate the subject or agenda item on which he wishes to speak, not later than five (5) minutes before the meeting time, requesting to be heard by City Council. (A) Written Communications. Interested parties or their authorized representatives may address the Council by written communications in regard to matters then under discussion. (B) Oral Communications. Taxpayers or residents of the C ty, or the r authorized legal representatives, may address the Council by oral communications on any matter concerning the City's business, or any matter over which the Council has control, provided, that any such person shall notify the City Secretary at least four (4) days in advance of their desire to speak in order that the same may appear on the agenda of the Council. Oral Communication to Council shall be in the manner provided in Section 1-212 hereof. Section 1-212. Manner of Addressin Council--Time Limit. Each person a ressinq t e Counci s a step up to t e po ium, shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the Council, shall limit his address to five (5) minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Councilperson except through the Presiding Officer. Section 1-213. Addressin the Council After Motion Made. After a motion is made by the Counc , no person s a a dress the Council without first securing the permission of the Council so to do. Section 1-214. Silence Constitutes Affirmative Vote. Unless a mem er o t e Counci states t at e s not voting, s silence shall be recorded as an affirmative vote. Section 1-215. Decorum. (A) a Council Members. While the Council is in session, t e mem era must preserve order and decorum, and a member shall neither, by conversation oc otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. :7 Ordinance No. 1435, Page 5. (B) By Persons. Any person making personal, impertinent, or slanderours remarks or who shall become boisterous while addressing the Council shall be forthwith, by the Presiding Officer, barred from further audience before the Council, unless permission to continue be granted by a majority vote of the Council. Section 1-216. Enforcement of Decorum. The Chief of Police, or such member or members of the Pol ce Department as he may designate, shall be Sergeant-at-Arms of the Council meetings. He, or they, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant-at-Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the Presiding Officer. Section 1-217. Persons Authorized to be at Tables. No person, except City off c als, their representat yes, and news- paper reporters, shall be permitted to be at the two tables in front of the Council table, without the express consent of the Council. Section 1-218. S ecial Committees. All special committees shall be appointed by ma or ty vote of the Council. Section 1-219. Members Ma File Protests A ainst Council Action. Any member shall ave the rig t to ave the reasons for his dissent from, or protest against, any action of the Council entered on the minutes. Section 1-220. Claims Against Cif. No account or other demand ago nst the City s a-T 1~ al owed until the same has been considered and reported upon by the City Manager and the City Attorney. Section 1-221. Ordinances, Resolutions, Motions and Contracts. (A) Pre oration of Ordinances. All ordinances shall be prepared by the C ty Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by three (3) members of the Council, or requested by the City Manager, or prepared by the City Attorney on his own -initiative, in consultation with the City Manager. (B) Prior A royal b Administrative Staff. All ordinances, resolutions an contract documents s all, before pre- sentation to the Council, have been approved as to form and legality by the City Attorney or his authorized representative, and shall have been examined and approved for administration by the City Manager or his authorized representative, where there are substantive matters of administration involved. • Ordinance No. 1435, Page 6. (C) Introducing for Passage or Approval. (1) Ordinances, resolutions, and other matters or subjects requiring action by the Council must be introduced and sponsored by a member of the Council, except that the City Manager or City Attorney may present ordinances, resolutions, and other matters or subjects to the Council, and any Councilperson may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered. (2) An ordinance may have final passage on the same day on which it was introduced. (3) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new ordinance con- . tains the title of the ordinance or section amended or repealed, and when practicable all ordinances shall be introduced as amendments to existing ordinances or sections thereof. (4) Any resolution providing for the appropriation of money shall designate the particular fund from which the appropriation is to be made. Section 1-222. Re orts and Resolutions to be Filed with the City Secretary. All reports and resolutions s al be sled with the City Secretary and entered on the minutes. Section 1-223. Ad'ournment. A motion to adjourn shall always be in order and decide w thout debate. Section 1-224. Executive Sessions. Every regular, special or ca led meeting or Bess on of City Council shall be open to the public. No closed or executive meeting or session of City Council for any of the purposes for which closed or executive meetings or sessions are authorized by the Texas Open Meetings Act, Article 6252-17, V.A.T.S., shall be held unless City Council has first been covened in open meeting or session for which lawful notice has been given and during which meeting or session the Presiding Officer has publicly announced that a closed or executive meeting or session will be held and identified the section or sections of said Act authorizing the holding of such closed or executive session. No final action, decision, or vote with regard to any matter considered in the closed meeting shall .be made except in a meeting which is open to the public and in compliance with the notice provisions of the Act. Section 1-225. Open Meetings Law_Notice. The City Council officially nds, determines, rec tes and declares that a suf- ficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No. 1435, Page 7. Section 1-226. Effective Date. This Ordinance shall be effective rom and after Fe ruary 5, 1985. PASSED AND APPROVED this 4th day of February, 1985. CITY OF LA PORTS ATTEST: i C erie B ac , C ty Secretary APPROVED: l~~ w~ Knox As ins, City Attorney By ~ , .•a ~ Vir n a C ne, Mayor • ~' • ORDINANCE NO. 1435(A) AN ORDINANCE AMENDING ORDINANCE N0. 1435, ESTABLISHING ORGANIZATION AND PROCEDURES FOR CITY COUNCIL MEETINGS; 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 PORTS: Section 1 "Section 1-201 - R ular Meetin s", of Ordinance No. 1435, passed and approved on February , 5, is hereby amended, and shall hereafter read as follows, to-wit: "S ection 1-201 - Regular Meetings (A) Time. The City Council shall hold regular meetings on the second and fourth Monday of each month, at 6:00 o'clock p.m.; provided, however, that when the day fixed for any regular meeting of of the Council falls upon a day designated by law as a legal or national holiday, such meeting shall be held on such other date as determined by City Council. (B) Tfine. The City Council shall hold special or workshop meetings, if necessary, on the third Monday of each month, at 6:00 o'clock p.m., or at such other date and time as may be determined under Section 1-202 Special Meetings, hereof; provided, however, that when the day fixed for any special or workshop meeting of the Council falls upon a day designated by law as a legal or national holiday, such meetings shall be held on such other date as determined by City Council. (C) Place. All regular, special, and workshop meetings of the C~Council shall be held in the Council Chambers, City Hall, 604 West Fairmont Parkway, in the City of La Porte, Harris County, Texas, unless otherwise directed by City Council, or required by law." S ection 2 - Open Meetings Law Notice The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3 - Effective Date This Ordinance shall be effective from and after May 1, 1985. PASSED AND APPROVED this the .~ 9'~day of April, 1985. Ordinance No. 1435(A), Page 2 r~ CITY OF LA PORTE BY ~%!`y~T~`l~ Okl No n Ma one, May ATTEST: C~ Cdr e B ac c, C ty Secretary APPROVED: Knox W. As ins, C ty Attorney .~ ~. • • ~~ • LJ CONSENT AGENDA C A RE VEST FO~CITY COUNCIL AGENDA ITEM Agenda Date R~~~February 14, 2000 Requested By: Steve CJfdlett Department: Public Works XX Report Resolution Ordinance Exhibits: Bid Recap Sealed Bid #0794 -Automotive Parts SUMMARY & RECOMMENDATION Advertised, sealed bids #0794 for the annual supply of automotive parts were opened and read on January 24, 2000. Bid requests were mailed to twerrty (20) vendors with nine (9) returning bids and one (1) no bid. Low bid meeting specifications for Section I -New Parts was submitted by Lindale Auto Supply, our current vendor. Low bid meeting specifications for Section II -Alternators and Starters Rebuilt was submitted by Pasadena Rebuilders, our currerrt vendor. Using estimated yearly quantities, the cost of both contracts would be approximately $50,000. This an increase of 14% over the last bid. This increase is mainly due to the higher cost for rebuilt items for newer vehicles. Staff recommends award of bid for Section I -New Parts to Lindale Auto Supply, low bidder meeting specifications. Award of bid for Section I[ -Alternators and Starters Rebuilt is recommended to Pasadena Rebuilders, low bidder meeting specifications. Adequate funds for this contract are budgeted in the Vehicle Maintenance Division's 1999/2000 Operating Budget. Action Required by Council: Award bids for Automotive Parts to low bidders meeting specifications as recommended by Staff. Availability of Funds: _ General Fund_ Water/Wastewater Capital Improvement General Revenue Sharing X Other Vehicle Maintenance Fund Account Number: 024-7074-534-2040 Funds Available: X YES _ NO Aaaroved for Citv Council Agenda ~~ i . ~eM-~-~ a-~t.. actcrv Robert T. Herrera Date City Manager • ~ • CITY OF LA PORTS INTEROFFICE MEMORANDUM TO: STEVE GILLETT, PUBLIC WORKS DIRECTOR FROM: SUSAN KELLEY, PURCHASING MANAGER SUBJ: SEALED BID #0794 -AUTOMOTIVE PARTS DATE: JANUARY 26, 2000 Advertised, sealed bids #0794 -Automotive Parts wen: opened and read on January 24, 2000. Bid requests were mailed to twenty (20) vendors with nine (9) returning bids and one (1) no bid. The following vendors submitted low bid meeting specifications: Lindale Auto Supply_ - Section f -New Parts Pasadena Rebuilders -Section I I - Alternators & Starters Rebuilt Using estimated quantities, the cost of both contracts would be approximately $50,000. This is a fourteen percent (14%) increase over the last bid, mainly due to the fact that the cost of rebuilt items for newer vehicles has increased considerably. Please submit your recommendation with an agenda n:quest form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment:. Bid Tabulation Bidder's List O! ti 0 H OC Q a Q _0 m Q r1 r~ a v p v p p m m m m m ~ ~o p ~ m m m c z , z z z z z z° z° z° o ~ . a ~oN m m m m~ m ~ ° y.ao 0 , W ~ ~ ~ Z Z Z - Z Z N ~ N Z V * ~ io ~ ~. ~_ ;C ~_ ~ ~_ ~_ m m m m m m ~ m O~ o 'p O S CD ~' ~ Z Z Z Z Z Z Z D ^ ~ c~ ~ ~ N ~ ~ = ~ ~ ~ ~o Z ~° ~-° p ~ ~° p '~ 0 0 0 p m m m m m m m o 0 0 C a Z Z Z Z Z Z Z ~ p ;v_ p p p p v ~ H O Z W m m m m m m m 1 ~ W O ~ ~ ~ Z Z Z Z Z Z Z o ~ ~ N a W d~ , M r o N o f0 ~ •oe CD o d' ~ ~ t[ ~ O _ I~ COO O K'! G N O 1 1~ ~ 'C7 ~ ~ o~ ~p O m ~ J o pp O CO ~ ' dO' ~ ~ ~ ~ ~ S = O O ~ O ' .- r' m O O ~ Q o ~ O ~ O H CD o I~ a° ch o ~ O o O e ~ 1~ N N O~ O 47 C7 O ~ c0 O N 7 CD ~ ~ ~ m tp r Q~ ~N N~ ~M V3N ^N cNON 2 ~ ~ ~ ~ r ~ W N ~~ O o 0 0 0~ ' N ~ ~ O O O O N N N N Q c0 ~ O O o ~ ~ I~ oho f~ o ~ oho st oe ~ ~ O ~- O O O N O O N O ~ m ~ ~ o ~p r ' ~ J ~ O ~ _ ~ ~ ~' O ~ ~' ~ N O ~ ~ !7 N ~ ch O C ! ~ EA d} tR ~ ~ ~ ~ ~ M CD '~ q N ~ 2 O O o~ In o et ~ ~ oe N ~ N oe ~ O O + f~ M ~ ~ O ~ O ~ ~; O O O ~ O c~ O c ~ O 7 N CV N CV = N N N O m ~ ~ ~ ~ ~ ~ O CD Cr! ti N CO ~!! P O N 69 E<3 ~ ~ N M W N N O r N N ~ ~p p~ ~ N o~° O o r o ~ COO 7 C1O O1A h ' .r m 1~ o ~p ~ ~~ . c i CDN N M N ~~ ~ N ti N ~ N = ~ M '' N N ~ O N O 69 N N ~ ~ ~ ~ N ~ i a~ W \ ~ o • ~ N N ~ e~ .e ~ ~ ~ Z e Q ~ F a~ )" J F ~ C C C ~ C C C W O 0. O O Z O ~ O J E- O O J F- W = W O J O ~ Z O d fA °° O ao ao d °° W w G D O • O G C Z Q.' 7~ ~ D D 2 H V O Nl W ~ ~ p F m y~ W ~ L7 V ~ = V L7 ~ q Z W a ~ ~ ~q V _ a ~ to Z ~ N = ~ a ~ F W J H O ~ m W m W V {L F~ 00 S W d) r N 07 V' N C7 W J W~ Q BIDDER'S LIST SEALED BID #0794 - AUTOMOTNE PARTS LA PORTS FORD ~ NAP A 621 HWY 146 SOUTH 4500 S. SHAVER BLDG. C LA PORTS, TX 77571 HOUSTON, TX 77034 ALLEN & KERBER AUTO PARTS AUTO ZONE 518 WEST MAIN 7300 SPENCER HWY LA PORTS, TX 77571 ~ PASADENA, TX 77505 MOTOR MACHINE MORGAN'S AUTO SUPPLY 9133 WALLISVILLE ~ 1219 SOUTH STREET HOUSTON, TX 77029 PASADENA, TX 77503 CAR QUEST PARTS TEXAS REBUILDERS 3702 CENTER STREET P.O. BOX 6291 DEER PARK, TX 77536 ~ PASADENA, TX 77506 SPENCER HIGHWAY AUTO SUPPLY ~ ~ LES MARKS CHEVROLET 9515 SPENCER HIGHWAY P.O. BOX 1119 LA PORTS, TX 77571 LA PORTS, TX 77571 CHIEF AUTO PARTS ~ LINDALE AUTO 2631 RED BLUFF 1310 BERRY ROAD PASADENA,TX 77506 HOUSTON, TX 7.7022 O'REILY AUTO PARTS ~ HOUSTON ALTERNATOR 1010 SOUTH BROADWAY 1835 NORTH SHEPHERD LA PORTS, TX 77571 HOUSTON, TX 77008 RANKIN AUTO GROUP ALL START 3838 N. SAM HOUSTON PKWY #600 6121 SPENCER HWY HOUSTON, TX 77032 PASADENA, TX 77505 CALLIER AUTO SUPPLY WELDON. PARTS INC. 3606 FAIRMONT PKWY 4851 HOMESTEAD RD #154 PASADENA, TX 77504 HOUSTON, TX 77028 DOYLES AUTO PARTS FLEET PARTS WAREHOUSE 10801 MARKET 2540 E. PASADENA FRWY JACINTO.CITY; TX 77029 PASADENA, TX 77506 BAYSHORE S_ UN PUBLISH DATES: CHAMBER OF COMMERCE JANUARY 9, 2000 P.O. BOX 996 JANUARY 16, 2000 LA PORTS, T~ 77572-0996 • • B REQUEST F~CITY COUNCIL AGENDA ITEM • Agenda Date Rte{ u ed: February 14, 2000 Requested By ~ e Gill Department: Public Works X Report Resolution Ordinance Exhibits: HGAC Quotation on Mid Size Sedans SUbIIVIARY & RECOMMENDATION The Police Department is replacing three (3) mid-size sedans used by the Detective Division this fiscal year. In the past, these vehicles were purchased used from area Rental Agencies. The Chief of Police has determined that purchasing the vehicles new with the attendant new car warranties would be more advantageous to the City and Departrnent. The Harris-Galveston Area Council has this type of sedan on contract. The City can purchase these vehicles using this contract. The vehicles would be Ford Taurus 4 door sedans with comparable equipment to those purchased in the past. The HGAC bid was $14,371.00 per vehicle with an administrative charge of $365.26. The total cost of each vehicle would be $14,736.26 with a total cost for three vehicles of $44,208.80. There is currently $17,136.00 budgeted for the replacement of each vehicle in the Motor Pool Replacement Fund for FY 1999/2000 for a total budget of $51,408.00. Staff recommends purchase of the three (3) mid size sedans through the Hams-Galveston Area Council. Action Required by Council: Authorize purchase of three mid-size sedans through H-GAC as recommended by Staff: Availability of Funds: _ General Fund_ Water/Wastewater Capital Improvement General Revenue Sharing X Other (Motor Pool Replacement Fund) Account Number: Various Funds Available: X YES _ NO Aaproved for City Council Agenda ( JS ~ ~ ti'~r^-~-- ~ Z- ~ o - ZoSv Robert T. 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Trop~o Groan CMereop~ Med~11a 8u • . ~Ilvgr pest Cteeroogt M~tal6e TS . . ~ tlltorne Whits Geerodet ~ • ~ I.ROEND: * M Why !bt Utie model yt3ar. . a Available 111aZ1~ 1~:4A AM • ii - Ford Division • C • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 14, 2000 Requested By: Susan Kelley Department: Purchasing Report Resolution Ordinance Exhibits: Attachment SUMMARY & RECOMMENDATION This fiscal year, various departments have budgeted for Motorola hand held and mobile radios. Historically, we have purchased these items from the Houston-Galveston Area Council through an interlocal agreement. Each year, HGAC submits a formal bid for radios, then allows surrounding entities to purchase them at a reduced price, due to volume buying. The total expenditure, including a three percent (3%) administrative fee, would be $25,732.88. Most of the radios are the same price per unit as last year. The Spectra Mobile radios we purchased three years ago have been discontinued. The new Astro Spectra Mobile is a 21 % increase. Departmental costs are as follows: Street Division $ 1,400.64 Water Division $ 466.88 Police Patrol $23,865.36 Sufficient funds have been budgeted in departmental accounts for these items. Action Required by Council: Authorize purchase of Motorola radios from HGAC in the amount of $25,732.88. Availability of Funds: XX General Fund Capital Improvement Other XX Water/Wastewater General Revenue Sharing Account Number: Various Funds Available: XX Yes No Aaproved for City Council Agenda Robert T. Herrera, City Manager ~.-a - ago Date C: U HGAC RADIO PURCHASE DIVISION/DEPT Street Division Water Division Police Patrol TOTAL QTY TYPE UNIT COST COST 3 Maxtrac Mobile $ 466.88 $ 1,400.64 1 Maxtrac Mobile $ 466.88 $ 466.88 2 MTS 2000 Portable $3,341.55 $ 6,683.10 8 HT1000 Portable $ 884.88 $ 7,079.04 3 Astro Spectra Mobile $3,367.74 $10,103.22 Police Total $23,865.36 Total of all radios - $25,732.88 • Date: L, - ~ L( ~~ Name: _ 1.-~-. `J cep ~ -- Address: ..- ~~J City, State, Zip: Subject on which I wish to speak: • Goodyear Bayport Incident January 13, 2000 • MATERIALS INVOLVED SN-1 is a two stage batch process: - First step: mix Methyl Acrylate & dodecyl Mercaptan - Results in a exothermic reaction (gives off heat) which occurs in pressure vessel - Normal reaction temperature is maintained within the pressure vessel by internal cooling coils • WHAT HAPPENED - Goodyear operator unloaded Methyl Acrylate in Mercaptan storage tank - Mixing reaction generated excess heat in a tank without cooling capacity - Error was discovered Tank temperature 165°F Fire monitors placed on tank Initiated Emergency Response • • EMERGENCY RESPONSE Research determined potential for tank temperature increase existed and recommended addition of a Stabilizer to shortstop methyl acrylate reaction Concern about Methyl Acrylate ability to become Auto-catalytic in pure state Reviewed Risk Mgmt Plan (RMP) Notified CAER Line Determined Scenario Circle Called out CIMA Updated CAER Line Shutdown Bay Area Blvd Added Stabilizer Tank Cooled Down Open Bay Area Blvd Release CIMA Responders POST INCIDENT ANALYSIS No injuries to community, Goodyear, contractor or CIMA personnel No significant emissions Area monitoring conducted No environmental impact Incident Investigation • Internal report completed 1/28/00 CAC, LEPC & CIMA reviews Jan, Feb & March - Goodyear Responses Procedure changed Additional training Disciplinary action taken Update Emergency Response Plan ~• b -~ ~ ~ y o ~ ~, ~ c~ -~ b 7d ~ O o° arA'a ~' ~ =~ n N N ~ O a ~ ~o o ~ ~ ~ ~ ~ ~ 0 0 w 0 0 w ~ ~ u i ~. ~--~ bd O ~. ~d y c~ °o y ~° O `i~ S~ y r~ ~ ~ ~! o ~~ ~ ~ ~ b b ~ ~ ~• ¢. o ~ b ~ y 0 e~ ~~ •~ N~ 1~ ~~ ~1 a • • • 0 u 'C i. 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