HomeMy WebLinkAbout2002-04-08 Regular Meeting and Workshop Meeting
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MINUTES OF THE REGULAR MEETING
AND WORKSHOP MEETING
OF LA PORTE CITY COUNCIL
APRIL 8, 2002
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, Peter Griffiths, James Warren, Charlie Young, Jerry Clarke,
and Norman Malone
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: Assistant City Attorney
John Armstrong, City Manager Robert Herrera, Assistant City Manager John Joerns, City
Secretary Martha Gillett, Assistant Finance Director Michael Dolby, Budget Investment
Officer Shelley Wolny, Tax Manager Kathy Powell, Accounting Manager David Gunter,
City Marshall Nelson Thorpe, Human Resources Specialist Cindy Gates, Director of
Administrative Services Carol Buttler, Director of Planning Doug Kneupper, Public
Works Director Steve Gillett, Purchasing Manager Susan Kelley, Emergency Services
Director Joe Sease, Police Chief Richard Reff, Director of Parks and Recreation Stephen
Barr, and Administrative Assistant to the City Manager Crystal Scott.
Others Present: Bill Scott, Nick Barrera, Sib Carpenter, Ray Myers, Beth Cone, Dave
Turnquist, Barbara Norwine, Pablo Sanchez, Rachel Buchanan, April Stephens, Tiffanie
Townsend, A. J. France, Sue Gale Mock Kooken, Morelon Plaza, LeClaire Ebow, Dalia
Martinez, Jack E. Peters, Bill Manning, and a number of other citizens.
2. Reverend Michael Bingham of Abundant Life Church delivered the invocation.
3. Council considered approving the Minutes ofthe Regular Meeting, Public Hearing and
the Workshop Meeting on March 18,2002.
Motion was made by Councilperson Warren to approve the Minutes of the Regular
Meeting. Public Hearing and the Workshop Meeting on March 18. 2002 as presented.
Second by Councilperson Sutherland. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Clarke, and Malone
Nays: None
Abstain: Ebow and Porter
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
T AXP AYERS WISHING TO ADDRESS CITY COUNCIL
Bill Scott of 1802 Lomax School Road of La Porte, Texas, addressed questioning the
City Council three times, in writing, for a written answer as to whether the feedlot next to
their home is limited or unlimited on the number of animals.
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City Council Minutes 4-8-02 - Page 2
5. PRESENTATION
Financial Director Cynthia Alexander presented the September 30,2001 Comprehensive
Annual Financial Report. City Manager Robert Herrera noted this was reviewed at
length by the Audit Committee.
6. City Manager Robert Herrera asked Council to consider approval or other action
regarding changing the meeting time from 6:00 p.m. to 6:30 p.m. for the April 22, 2002
City Council Meeting. Council approved changing the time.
7. Council considered authorizing the City Manager to execute a Change Order with
Commodore Construction in the amount of $27,549.00 to provide improved data and
phone system components to City Hall during the renovation project.
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
Motion was made by Councilperson Sutherland to approve execution of a Change Order
with Commodore Construction as presented by Mr. Kneupper. Second by Councilperson
Engelken. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Ebow, Porter, Clarke, and
Malone
Nays: None
Abstain: None
8. Council considered approval or other action regarding a resolution recognizing the 20th
anniversary of charitable bingo.
Director of Finance Cynthia Alexander presented summary and recommendation and
answered Council's questions.
Assist. City Attorney read: RESOLUTION 2002-21 - ADOPT/APPROVE
RESOLUTION COMMEMORATING THE 20TH ANNIVERSARY OF CHARITABLE
BINGO IN TEXAS.
Motion was made by Councilperson Griffiths to approve Resolution 2002-21 as
presented by Cynthia Alexander. Second by Councilperson Engelken. The motion
carried.
Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Ebow, Porter, Clarke, and
Malone
Nays: None
Abstain: None
9. Council considered approval or other action regarding a resolution authorizing the resale
of the tax properties to Paul and Sherry Erickson.
Director of Finance Cynthia Alexander presented summary and recommendation and
answered Council's questions.
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City Council Minutes 4-8-02 - Page 3
Assist. City Attorney read: RESOLUTION 2002-22 - APPROVE RESOLUTION
AUTHORIZING THE RESALE OF THE TAX PROPERTIES TO PAUL AND
SHERRY ERICKSON.
Motion was made by Councilperson Engelken to approve Resolution 2002-22 as
presented by Ms. Alexander. Second by Councilperson Ebow. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Ebow, Porter, Clarke, and
Malone
Nays: None
Abstain: None
10. Council considered approval or other action regarding a resolution authorizing the resale
ofthe tax properties to Paul and Elaine Schaider.
Director of Finance Cynthia Alexander presented summary and recommendation and
answered Council's questions.
Assist. City Attorney read: Resolution 2002-23 - APPROVE RESOLUTION
AUTHORIZING THE RESALE OF THE TAX PROPERTIES TO PAUL AND ELAINE
SCHAIDER.
Motion was made by Councilperson Clarke to approve Resolution 2002-23 as presented
by Cynthia Alexander. Second by Councilperson Warren. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Ebow, Porter, Clarke, and
Malone
Nays: None
Abstain: None
11. Council considered approval and receipt of a report on investment policy as presented by
Director ofPinance Cynthia Alexander.
Motion was made by Councilperson Engelken to approve the report on investment policy
as presented by Ms. Alexander. Second by Councilperson Warren. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Ebow, Porter, Clarke, and
Malone
Nays: None
Abstain: None
12. Council considered approval of the Project Cooperation Agreement as described on the
agenda request.
Director of Parks and Recreation Stephen Barr presented summary and recommendation
and answered Council's questions.
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City Council Minutes 4-8-02 - Page 4
Assist. City Attorney read: Ordinance 2002-2547 - AN ORDINANCE AUTHORIZING
AND APPROVING A PROJECT COOPERATION AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE TEXAS GENERAL LAND OFFICE TO EVALUATE
EROSION RESPONSE ALTERNATIVES AT SYLVAN BEACH PARK;
APPROPRIATING $7,500.00 TO FUND SAID AGREEMENT; MAKING V ARlOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made bv Councilperson Clarke to approve the Agreement with Texas
General Land Office as presented by Mr. Barr. Second by Councilperson Ebow. The
motion carried.
Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Ebow, Porter, Clarke, and
Malone
Nays: None
Abstain: None
13. Council considered approval or other action regarding an ordinance authorizing the City
Manager to execute a contract with Moser Electric Company in the amount of
$47,000.00, and authorize a contingency of $3,000.00.
Director of Public Works Steve Gillett presented summary and recommendation and
answered Council's questions.
Assist. City Attorney read: Ordinance 2002-2548 - AN ORDINANCE AUTHORIZING
A CONTRACT BETWEEN THE CITY OF LA PORTE AND MOSER ELECTRIC
COMPANY, INC., FOR RENOVATIONS AT WATER PLANTS #4 AND #7;
APPROPRIATING $47,000.00 PLUS A CONTINGENCY OF $3,000.00 TO FUND
SAID CONTRACT; MAKING V ARlOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Warren to approve the ordinance authorizing the
City Manager to execute a contract with Moser Electric Company as presented by Steve
Gillett. Second by Councilperson Ebow. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Ebow, Porter, Clarke, and
Malone
Nays: None
Abstain: None
14. City Manager Robert Herrera provided report on the Texas Municipal League booth and
direction for a future booth this year in Fort Worth. All of Council and the Mayor are for
having the booth in Fort Worth. This will show pride for our City.
15. Workshop was called to order by Mayor at 7:10 p.m.
The following items were discussed during the Workshop session:
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City Council Minutes 4-8-02 - Page 5
Director of Planning Doug Kneupper presented a report from staff regarding proposed
Noise Ordinance guidelines and provided direction to staff for the preparation of an
ordinance. Council provided staff with direction on additions, changes, and requested
staff to emphasize more on residential areas and requested staff to bring this item back to
a future City Council Meeting to Workshop.
Mayor Norman Malone and City Secretary Martha Gillett discussed the Boards and
Commission process. Council reviewed the procedures and made recommendations for
changes. Changes will be made and brought to a future meeting for review.
16. Close workshop and reconvene Regular Meeting at 8:08 p.m.
17. Administrative Reports
City Manager Robert Herrera updated Council of the March 30, 2002 Natural Event.
Council was reminded of Meet the Candidates on April 16, 2002 at 7 p.m. in City Hall
Council Chambers, Early Voting April 17 through April 30, 2002, Sylvan Beach Day on
April 27, 2002 and Election Day on May 4,2002.
18. Council Comments
Councilpersons Warren, Porter, Griffiths, Ebow, Engelken, Sutherland, Clarke, and
Young brought items to Council's attention.
19. 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,
DELffiERATION REGARDING REAL PROPERTY, DELffiERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
CONFERENCE WITH EMPLOYEES DELffiERATION REGARDING
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
Council retired into Executive Session at 8:35 p.m.
Council reconvened the Council Meeting at 9: 13 p.m.
There was no action taken.
20. CONSIDERATIONS AND POSSffiLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION.
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City Council Minutes 4-8-02 - Page 6
21. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 9:15 p.m.
Respectfully submitted,
0l~n ~i1A
City Secretary
Passed and approved on this the 22nd day of April 2002.
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N an Malone, May
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NO BACK UP PROVIDED
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REQWST FOR CITY COUNCIL A~A ITEM
Appropriation
Agenda Date Requested: April 8, 2002
Requested By: Doug Kneuppe~
Department: Planning
Source of Funds: Fund 015
Account Number: 015-9892-781
Amount Budgeted: $
Report: ~Resolution: _Ordinance:_
Amount Requested: $ 27,549
Budgeted Item: YES .
Exhibits: 1. Change Order to City Hall Construction
Contract
Summary and Recommendation
Since the design of the City Hall project was being finalized, approximately 18 months ago, the
computer networking industry has established their next level of network cabling, components
and equipment. This newest line of equipment is commonly referred to as "Category 6". The
equipment that was designed for our building is called "Category 5". The Cat 6 equipment is
designed to handle 1 0 times more data than Cat 5 equipment. Although the Cat 5 equipment
would meet our needs at this time, the Cat 6 equipment is being recommended so that future
computer and phone system upgrades can occur without needing to replace cabling and other
components which would be much more expensive to do in the future. The cost associated with
the upgrade from Cat 5 to Cat 6 is $27,549.
Action Required by Council:
Consider authorizing the City Manager to execute a Change Order with Commodore
Construction in the amount of $27,549 to provide improved data and phone system components
to City Hall during the renovation project.
Approved for City Council Aeenda
GLT. "~
Robert T. Herrera, City Manager
4 - s- Ot.....
Date
04/02/02 TUB 14:05 FAX 713~ 0714
COMMODORE CONST 4It
CHANGE ORDER
Distribution:
OWN~R I!
ARCHITECT I!
CONTRACTOR 0
~002
FIELD 0
OTHeR 0
Project:
laPorte City Hall
CLP Project No. 99-2206
Change order number:
Date:
Architects project no.:
Contract date:
Contractor's Jobld:
Contract for:
General Contracting
To Gontraetor:
Commodore Construction Corporation
55 Lyerly, Suite 100
Houston, TX 77092
Email: jbenes@wlnet
The contract is changed as follows:
1.) Data & Communication Upgrades To Cat 6.
17
4/2/02
99-2206
9/10/01
02011
$27,549.00
The original Contract Sum was .............n................................................ ... ..........................
Net changes by previously authorized Change Ordel'$ ........................................................
The Contract Sum prior to this Change Order was ..............................................................
The Contract Sum will be Increased by this Change Order in the amount of ..........
The new Contract Sum Including this Change Order will be ................................................
The COntract Time will be increased by 21 days.
The date of Substantial Completion 8S of the date of this Change Order therefore Is 12/27102
$
$
$
$
$
1,688,438.00
11.118.00
1,699,556.00
27,549.00
1,727,105.00
Contractor
Architect
Mr. Robert W. McK1M8Y, A.IA
20 Greenw8y Plaza. Suite 450
Houston. Tex. 77270
Owner
CIty of La Porte CIty Hal
604 W. FaIrmont Parkway
La Porte. Texl!lS 77571
Corrmodore Construction Corporation
55 Lyerly. Suite 100
HDUStDn, 1)( 77092
Emril: jb8n net
713.594.9
By:
By:
Dete:
Date:
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By:
Source of Funds:
N/A
Department:
FiAallce
Account Number: N/A
Report:
Resolution: XX Ordinance:
Amount Budgeted: N/A
Exhibits:
Amount Requested: N I ~
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
This year marks the 20th anniversary of the passage of the law that authorized charitable bingo in Texas. As you
know, the law requires that all bingo proceeds must be spent for charitable purposes. The law has produced positive
benefits for both Texas charities and Texas cities. According to the Texas Lottery Commission, charities have
received over 9 billion dollars, and eligible Texas cities have received 145 million dollars from this source since
1982. The City of La Porte is one of 115 cities in the state that receives allocations from charitable bingo proceeds
and has received $195,391. The Lottery Commission has requested from La Porte a congratulatory resolution
commemorating the 20th anniversary of charitable bingo in Texas.
Action Required bv Council:
Adopt/approve resolution commemorating the 20th anniversary of charitable bingo in Texas.
Approved for City Council A2enda
(jiM T. ~~
Robert T. Herrera, City Manager
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Date
_~___,______,_/____,________.""___,_________""___________._,___----------....--,-----------,111
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I RESOLUTION 2002--21 I
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I WHEREAS, in November 1980, Texas voters approved a Constitutional amendment I
I authorizing Charitable Bingo on a local option basis; and, I
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i WHEREAS, the Constitutional Amendment requires all Bingo proceeds be spent in I
I Texas for charitable purposes; and, I
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i WHEREAS, the voters of La Porte authorized Charitable Bingo in this jurisdiction; i
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and, "
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I WHEREAS, the first Charitable Bingo licenses were issued in the Spring of 1982; I
I and, 1
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I WHEREAS, the year 2002 marks the 20th Anniversary of Charitable Bingo in I
I Texas; and, I
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I WHEREAS, in the twenty years of Charitable Bingo, total attendance at bingo halls I
~ has exceeded 479,000,000; and, I
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I WHEREAS, total prizes paid out to participants has exceeded $9 billion; and, I
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if WHEREAS, distributions for charitable purposes has exceeded $675,000,000; and, ~
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I WHEREAS, the treasury of the City of La Porte has received over $195,000 in I
I allocations of fees and taxes from the operation of Charitable Bingo in this i
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I Now, therefore, be it resolved, that the Year 2002 be proclaimed as the 20th I
I Anniversary of Charitable Bingo in the City of La Porte. I
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I PASSED AND APPROVED, by the CITY COUNCIL, on this, the 8th day of April I
I 2002. I
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I ATTEST: I
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: A ril 8 2002
Appropriation
Requested By:
rce of Funds: N/A
Department: Finance
Account Number:
Report:
Resolution: XX Ordinance:
Amount Budgeted:
Exhibits:
HCAD Map 6253B
Amount Requested:
Exhibits:
Property Offer
Budgeted Item: YES NO
Exhibits:
HeAD Appraisal Records
SUMMARY & RECOMMENDATION
On February 2, 2000, property located at 618 S Ohio Street was offered for public bid via a "Sheriff's
Sale". This property was offered because the property owner had not paid taxes on the property for
several years. When no one bid on the property, the title to the property reverted to the La Porte Tax
Office as Trustee for the City of La Porte, the La Porte Independent School District, San Jacinto
Community College District and Harris County.
The property comprises 2 city lots and 2 partial lots and is approximately 58' by 125', or 7,250 square
feet.
The La Porte Tax Office has actively marketed this property for resale and received several bids on the
property. The first bid was for $3,500 and the final bid was for $4,200. The $4,200 bid is a bid by Paul
and Sherry Erickson, who own property adjacent to the property being resold.
The property is on the Harris County Appraisal District Roll with an appraised value of $5,100.
Delinquent Taxes on the property total approximately $14,600 (12 years worth). Since the offer received
for the resale is less than either of these values. The offer requires approval by each of the three taxing
entities before the resale can take place. If all three entities approve, the sale will occur with each entity
receiving its pro-rata share of the tax distribution.
Even though we are reselling this property for less than is due on the property, staff believes the
absorption of the loss is necessary to get the property into the hands of a owner who will care for and
maintain the property as well as pay taxes on it in the future.
ACTION REQUIRED BY COUNCIL:
Approve resolution authorizing the resale of the tax properties to Paul and Sherry Erickson.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
APPROVED FOR CITY COUNCIL AGENDA
~ T \.l~
ROBERT T. HERRERA, CITY MANAGER
4.- S~i:)'L
DATE
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RESOLUTION 01- 2002-22
RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY
TO PAUL AND SHERRY ERICKSON
WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of
Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the
property; and
WHEREAS it is necessary for various reasons that some of the property so obtained must be resold by
the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and
WHEREAS Section 35.05 of the Texas Property Tax Code requires that when real property is sold for
less than the aggregate amount of taxes, penalties, interest and costs, the sale must be approved by all
taxing units that tax the property; and
WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit
offers to purchase such real property and to secure the best offer for such property that is sufficient to pay
at least the costs of suit and sale of such property; and
WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units, for
all taxes, penalties interest and costs that have accrued up to the date of resale
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
Section 1. That the City of La Porte, as Trustee, resell the real property described in the attached Exhibit
"A", for the amounts set for on said Exhibit "A", in full satisfaction of taxes, penalties, interest and costs
that have accrued on the property up to the date of sale, subject to the approval of such resales by official
action by the governing bodies of the La Porte Independent School District and Harris County.
Section 2. That 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 offices of City of La Porte 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.
PASSED AND APPROVED this the 8th day of April, 2002.
ATIEST:
CITY OF LA PORTE, TEXAS
~~
/ Norman Malo e, Mayor
APPRO~zJ ~
Knox Askins, City Attorney
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: A ril 8 2002
Appropriation
Requested By:
Source of Funds: N/A
Department: Finanee
Account Number:
Report:
Resolution: XX Ordinance:
Amount Budgeted:
Exhibits:
HCAD Map 6253B
Amount Requested:
Exhibits:
Property Offer
Budgeted Item: YES NO
Exhibits:
HCAD Appraisal Record
SUMMARY & RECOMMENDATION
On February 2, 2000, property located at 513 S Virginia Street was offered for public bid via a "Sheriffs
Sale". This property was offered because the property owner had not paid taxes on the property for
several years. When no one bid on the property, the title to the property reverted to the La Porte Tax
Office as Trustee for the City of La Porte, the La Porte Independent School District, San Jacinto
Community College District and Harris County.
The property comprises 1 city lot and 2 partiallots and is approximately 61.50' by 128', or 7,630 square
feet. The property also contains a house, which is in a state of disrepair.
The La Porte Tax Office has actively marketed this property for resale and received several bids on the
property. The first bid was for $4,000 and the final bid was for $5,500. The $5,500 bid is a bid by Paul
and Elaine Schraider, who own property adjacent to the property being resold.
The property is on the Harris County Appraisal District Roll with an appraised value of $29,300.
Delinquent Taxes on the property total approximately $21,500 (12 years worth). Since the offer received
for the resale is less than either of these values. The offer requires approval by each of the three taxing
entities before the resale can take place. If all three entities approve, the sale will occur with each entity
receiving its pro-rata share of the tax distribution.
Even though we are reselling this property for less than is due on the property, staff believes the
absorption of the loss is necessary to get the property into the hands of a owner who will care for and
maintain the property as well as pay taxes on it in the future.
ACTION REQUIRED BY COUNCIL:
Approve resolution authorizing the resale of the tax properties to Paul and Elaine Schaider.
FUND N/ A
ACCT NUM:
FUNDS AVAILABLE:
APPROVED FOR CITY COUNCIL AGENDA
QLT~
ROBERT T. HERRERA, CITY MANAGER
4 - S- t> 'l,..;
I1ATE
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RESOLUTION 01- 2002-23
RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY
TO PAUL AND ELAINE SCHRAIDER
WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of
Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the
property; and
WHEREAS it is necessary for various reasons that some of the property so obtained must be resold by
the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and
WHEREAS Section 35.05 of the Texas Property Tax Code requires that when real property is sold for
less than the aggregate amount of taxes, penalties, interest and costs, the sale must be approved by all
taxing units that tax the property; and
WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit
offers to purchase such real property and to secure the best offer for such property that is sufficient to pay
at least the costs of suit and sale of such property; and
WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units, for
all taxes, penalties interest and costs that have accrued up to the date of resale
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
Section 1. That the City of La Porte, as Trustee, resell the real property described in the attached Exhibit
"A", for the amounts set for on said Exhibit "A", in full satisfaction of taxes, penalties, interest and costs
that have accrued on the property up to the date of sale, subject to the approval of such resales by official
action by the governing bodies of the La Porte Independent School District and Harris County.
Section 2. That the City Council officially fmds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the offices of City of La Porte 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.
PASSED AND APPROVED this the 8th day of April, 2002.
Norman alone, Mayor
APPR~tJ ~
Knox Askins, City Attorney
ATTEST:
~OJJii&,~
Gillett, City Secre
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EXHIBIT A
TAX RESALE PROPERTY TO BE SOLD TO PAUL AND ELAINE SCHRAIDER
FOR A TOTAL AMOUNT OF
$5,500.00 (FIVE THOUSAND FIVE HUNDRED DOLLARS).
TRACT 1: LOT 8 & 9 & THE SOUTH 7 FEET OF LOT 7 & THE NORTH 4.58 FEET OF LOT 10 &
ADJACENT STRIP OF BLOCK 240 SAN JACINTO HOMES, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS, AND
COMMONLY KNOWN AS 513 S VIRGINA STREET, LA PORTE, TEXAS 77571.
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HeAD #069-099-006-0007
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HCAD City LPISD County
Value/Adjudged Delinquent Delinquent Delinquent
Legal Description Value Taxes Taxes Taxes Court Cost
Resale Property
P074
Us 8 & 9 & S7ft of
Lt 7 & N4.58ft of $8,000.00 $4,387.45 $8,244.50 $4,007.66 $2,500.00
Lt 10 & Adj Strip **Based on Land $470.00
Blk 240 onlv
Sub Totals $8,000.00 $4,857.45 $8,244.50 $4,007.66 $2,500.00
Offer Total $5,500.00 $19,609.61
Estimated Funds to Taxina Entities $840.00 $1,470.00 $690.00 -
75% of the
Value
$6,000
Percentage of
Offer to Value
69%
HeAD: Appraisal Record Detail
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Real: Account Number Address Owner Name Advanced
Personal: Account Number Address Owner Name Advanced
Real Property Account
HCAD Account # : 0690990060007
Tax Year: 119991f.'[~""
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Owner Name : SPRINGER KARL L
Ownership
History...
Owner Address: 513 S VIRGINIA ST
LA PORTE TX 77571-5470
Property Address: 513 S VIRGINIA ST
LA PORTE TX 77571
Legal Description: LTS 8 & 9 & S 7 FT OF LT 7 &
N 4.58 FT OF L T 10 & ADJ STRIP
BLK 240
SAN JACINTO HOMES
State Class Code : Al -- Real, Residential, Single-Family
Homestead Exemption : --
Special Exemption : --
Jurisdiction Codes: 020 040 047 071
Overlapping/Shared CAD : No
Capped Account: No
Notice Date: 4/12/99
ARB Approved: 8/13/99
Value Status : All Values
Certified
Your taxes will be based on Appraised Value, less applicable exemptions, if any.
Use market value for comparison with your neighbors.
Valuation : TY1999
Land:
Improvement :
AgjTmbr/Spc :
Total Value :
Previous
8,000
21,300
o
29,300
(Homestead Cap)
Change Appraised Value
o 8,000
o 21,300
o 0
o 29,300
Market Value
29,300
4-Year Value History...
Note:
For any problems or questions with any account, please email us with the account
number (if you have it) and the nature of the problem or question.
htto:/ /www.hcad.oTQ/cQi-bin/AV/A VDetail.asn?taxvear= 1999&acct=0690990060007
4/1/200?
HeAD: Appraisal Record Detail
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Page 1 of 1
...
it
Real: Account Number Address Owner Name
Personal: Account Number Address
Improved Residential Property Data
Account Number: 0690990060007
Location: 513 S VIRGINIA ST
Tax Year: 1999
View Main Screen
IT]
Parcel ID : 20 - 00921.5 - 15.0 - 043.0 - 0/000 - 001 9
La d U 101 -- Residential 1 L d A 7 630 ft
n se : Family an rea:, sq..
CAMA RI1 -- Residential
Class: Improved
Total living Units: 1
Year Built: 1948
Map Facet: 6253B
Style : Traditional
Stories : 1
Living Area: 1,146 sq. ft.
Bed / Bath : 3 I 1 full, 0 half
Rec / Total Rooms: 0 I 5
Wood Fireplace : 0
Metal Fireplace : 0
Other :
Key Map : 580C
Neighborhood : 2138
Exterior Wall . Frame or Conc.rete
. Block
Foundation: Crawl Space
Heating / Air: None
Attic : None
Physical
Condition : Average
Grade : D+
Status : Dwelling
For any problems or questions with any account, please email us with the account
number (if you have it) and the nature of the problem or question.
Home
Records
Maps
Forms
HeAD Info
Links
News
http://www.hcad.org/cgi-bin/CAMA/ResImproved.asp?acct=06~()990060007 &taxyear= 1999&card= 1
4/1/2002
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Harris
County
Appraisal
District
-
Scale '" = 200'
PUBLICATION DATE:
J.... 21. 2001
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W E
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5
FACET
6253B
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5 6 7 8
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By: C nthia B. Alexander
Source of Funds:
Department: Finance
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Investment Policy
Amount Requested:
Exhibits:
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City Council of the City of La Porte originally adopted an Investment Policy on January 13, 1992, by Ordinance
No. 1802. The policy was amended in November 2000. The Governmental Accounting Standard's Board (GASB)
Pronouncement 31 requires that a City must present the Investment Policy to Council annually.
On March 4, 2002, the Finance Department presented the Investment Policy to the Audit Conunittee for review. No
changes to the actual policy are recommended at this time, but the Approved Broker/Dealer Exhibit has been
amended to include the addition ofa new approved broker. We have also removed several brokers due to inactivity.
Action Required bv Council:
Recommend that the Council receive and approve the report on the Investment Policy.
Approved for City Council A2enda
(}{~ T. "~
Robert T. Herrera, City Manager
4-S-()1..,...
Date
City of La Porte, Texas
Investment Policy
City of La Porte, Texas
Cynthia B. Alexander
Director of Finance
Shelley Wolny
Investment Officer
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1. POLICY
It is the policy of the City of La Porte, Texas (the "City") to administer and invest its funds in a
manner which will preserve the principal and maintain the liquidity though limitations and
diversification while meeting the daily cash flow requirements of the City. The City will
conform to all statues governing the investment of the City's funds, including, but not by way of
limitation, the Public Funds Investment Act, Chapter 2256, Texas Government Code (the
"Act").
II. SCOPE
The City will strive to earn a return on funds invested at the highest investment return possible
after taking in consideration the primary goals of preservation of principal and liquidity of funds
invested, consistent with the policy objectives described below. This investment policy applies
to the investment activities of the government of the City of La Porte, Texas.
FUNDS INCLUDED All financial assets of all funds managed by the City, including but not
limited to receipts of Tax Revenues, Charges for Services, Bond Proceeds, Interest Incomes,
Loans and Funds received by the City where the City performs a custodial function.
III. OBJECTIVES
SAFETY The primary objective of the City's investment activity is the preservation of capital
in the overall portfolio. Each investment transaction shall seek first to ensure that capitallosses
are avoided, whether they are from securities defaults or erosion of market value.
LIOUIDITY The City's investment portfolio will remain sufficiently liquid to enable the City to
meet operating requirements that might be reasonably anticipated. Liquidity shall be achieved
by matching investment maturities with forecasted cash flow requirements and by investing in
securities with active secondary markets.
YIELD The City's cash management portfolio shall be designed with the objective of regularly
exceeding the average rate of return on the three month U.S. Treasury Bill. The investment
program shall seek to augment returns above this threshold consistent with risk limitations
identified herein and prudent investment principles.
RISK OF LOSS All participants in the investment process shall seek to act responsibly as
custodians of the public trust. Investment Officials shall avoid any transaction that might impair
public confidence in the City's ability to govern effectively. The governing body recognizes that
in a diversified portfolio, occasional measured losses due to market volatility are inevitable, and
must be considered within the context of the overall portfolio's investment return, provided that
adequate diversification has been implemented.
IV. OVERSIGHT RESPONSIBILITY
Oversight Responsibility for the investment activity of the City of La Porte shall rest with the
Audit Committee and the City Manager.
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V. RESPONSffiILITY AND CONTROL
DELEGATION Management responsibility for the investment program is hereby delegat~d to
the Director of Finance, who shall establish written procedures for the operation of the
investment program, consistent with this investment policy. Such procedures shall include
explicit delegation of authority to persons responsible for investment transactions.
SUBORDINATES All persons involved in investment activities will be referred to as
"Investment Officials." No person shall engage in an investment transaction except as provided
under the terms of this policy and the procedures established by the Director of Finance. The
Director of Finance shall be responsible for all transactions undertaken, and shall establish a
system of controls to regulate the activities of Subordinate Investment Officials.
OUARTERL Y REPORTS The Director of Finance shall submit quarterly an investment report
that summarizes recent market conditions, economic developments and anticipated investment
conditioris. The report shall summarize the investment strategies employed in the most recent
quarter, describe the portfolio in terms of investment securities, maturities, risk characteristics,
book values, market values and other features. The report shall explain the quarter's total
investment return and compare the return to budgetary expectations. The report shall include an
appendix that discloses all transactions during the quarter.
ANNUAL REPORTS Within 90 days of the end of the fiscal year, the Director of Finance shall
present a comprehensive annual report on the investment program and investment activity. The
annual report shall include twelve-month and quarterly comparison of returns, and shall suggest
improvements that might be made in the investment program.
PRUDENCE Investments shall be made with the exercise of due care, which persons of
prudence, discretion and intelligence exercise in the management of their own affairs, not for
speculation but for investment considering the probable safety of their own capital as well as the
probable income to be derived. Investment Officials acting in accordance with written
procedures and this investment policy and exercising due diligence shall be relieved of personal
responsibility for an individual security's credit risk or market price changes, provided
deviations from expectations are reported in a timely fashion and the liquidity and the sale of
securities are carried out in accordance with the terms of this policy.
CONFLICTS OF INTEREST Officials and employees involved in the investment process shall
refrain from personal business activity that could conflict with proper execution of the
investment program, or which could impair their ability to make impartial investment decisions.
DISCLOSURE Employees and Investment Officials shall disclose to the City Manager any
material financial interests in financial institutions that conduct business with the City of La
Porte, and shall further disclose any large financial or investment positions that could be related
to the performance of the City's portfolio. Employees and Investment Officials shall subordinate
their personal investment transactions to those of this jurisdiction, particularly with regard to the
timing of purchases and sales.
TRAINING Investment Officials shall attend at least one investment training session within 12
months after taking office or assuming duties, and shall attend an investment training session
not less than once in a two-year period and receive not less than 10 hours of instruction relating
to investment responsibilities from an independent source approved by the audit committee. For
the purposes ofthis policy, an "independent source" is defined as a professional organization, an
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institute of higher learning or any other sponsor other than a Business Organization with whom
the City may engage in investment transactions. Independent sources that may provide
investment training include the Government Treasurer's Organization of Texas, the University
of North Texas, the Government Finance Officers Association of Texas, or the Texas Municipal
League. Training shall be in accordance with the Public Funds Investment Act and shall include
education in investment controls, security risks, market risks, and compliance with statutes
governing the investment of public funds.
VI. INVESTMENTS
ACTIVE PORTFOLIO MANAGEMENT The City intends to pursue active versus passive
portfolio management philosophy. That is, securities may be sold before they mature if market
conditions present an opportunity for the City to benefit from the trade.
ELIGIBLE INVESTMENTS Assets of funds of the government of the City of La Porte may be
invested in the following as authorized by the Public Funds Investment Act:
A. Obligations of, or Guaranteed by Governmental Entities
1. Except as provided by Subsection 2, the following are authorized investments under this
section:
a) obligations of the United States or its agencies and instrumentalities;
b) direct obligations of this state or its agencies and instrumentalities;
c) collateralized mortgage obligations directly issued by a federal agency or
instrumentality of the United States, the underlying security for which is guaranteed
by an agency or instrumentality of the United States;
d) other obligations, the principal and interest of which are unconditionally guaranteed
or insured by, or backed by the full faith and credit of, this state or the United States
or their respective agencies and instrumentalities; and
e) obligations of states, agencies, counties, cities, and other political subdivisions of any
state rated as to investment quality by a nationally recognized investment rating firm
not less than A or its equivalent.
2. The following are not authorized investments under this section:
a) obligations whose payment represents the coupon payment on the outstanding
principal balance of the underlying mortgage-backed security collateral and pays not
principal (Interest only bonded);
b) obligations whose payment represents the principal stream of cash from the
underlying mortgage-backed security collateral and pays no interest (Principal only
bonds);
c) collateralized mortgage obligations that have a final stated maturity date of greater
that 10 years; and
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d) collateralized mortgage obligations, the interest rate of which is determined by an
index that adjusts opposite to the changes in a market index.
B. Certificate of Deposit and Share Certificates
1. A certificate of deposit is an authorized investment under this Subsection if the certificate
is issued by a state or national bank domiciled in this state, a savings bank domiciled in
this state, or a state or federal credit union domiciled in this state and is:
a) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor
or the National Credit Union Share Insurance Fund or its successor;
b) secured by obligations that are described by Subsection A, 1, including mortgage
backed securities directly issued by a federal agency or instrumentality that have a
market value of not less than the principal amount of the certificates, but excluding
those mortgage backed securities of the nature described by Subsection A, 2; or
c) secured in any other manner and amount provided by law for deposits of the
investing entity.
C. Repurchase Agreements
1. A fully collateralized repurchase agreement is an authorized investment under this
Subsection if the repurchase agreement:
a) has a defined termination date;
b) is secured by obligations described by Subsection A,l, a); and
c) requires the securities being purchased by the entity to be pledged to the entity, held
in the entity's name, and deposited at the time the investment is made with the entity
or with a third party selected and approved by the entity; and
d) is placed through a primary government securities dealer, as defined by the Federal
Reserve, or a financial institution doing business in this state.
2. In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for
a specified time, and sell back at a future date obligations described by Subsection A,
l,a), at a market value at the time the funds are disbursed of not less than the principal
amount of the funds disbursed. The term includes a direct security repurchase agreement
and a reverse security repurchase agreement.
3. Notwithstanding any other law, the term of any reverse security repurchase agreement
may not exceed 90 days after the date the reverse security repurchase agreement is
delivered.
4. Money received by an entity under the terms of a reverse security repurchase agreement
shall be used to acquire additional authorized investments, but the term of the authorized
investments acquired must mature no later than the expiration date stated in the reverse
security repurchase agreement.
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D. Banker's Acceptances
1. A banker's acceptance is an authorized investment under this subchapter if the banker's
acceptance:
a) has a stated maturity of270 days or fewer from the date of its issuance;
b) will be, in accordance with its terms, liquidated in full at maturity;
c) is eligible for collateral for borrowing from a Federal Reserve Bank; and
d) is accepted by a bank organized and existing under the laws of the United States or
any state, if the short-term obligations of the bank, or of a bank holding company of
which the bank is the largest subsidiary, are rated not less that A-lor P-l or an
. equivalent rating by at least one nationally recognized credit rating agency.
E. Commercial Paper
1. Commercial paper is an authorized investment under this subchapter if the commercial
paper;
a) has a stated maturity of 270 days or fewer from the date of its issuance; and
b) is rated not less than A-lor P-1 or an equivalent rating by at least;
c) two nationally recognized credit rating agencies; or
d) one nationally recognized credit rating agency and is fully secured by an irrevocable
letter of credit issued by a bank organized and existing under the laws of the United
States or any state.
F. Mutual Funds
1. A no-load money market mutual fund is an authorized investment under this subchapter
if the mutual fund:
a) is registered with and regulated by the Securities and Exchange Commission;
b) provides the investing entity with a prospectus and other information required by the
Securities and Exchange Act of 1934 (15 U.S.C. Section 80a-1 et seq.);
c) has a dollar-weighted average stated maturity of 90 days or fewer; and
d) includes in its investment obj ectives the maintenance of a stable net asset value of $1
for each share.
2. In addition to a no-load money market mutual fund permitted as an authorized investment
in Subsection 1, a no-load mutual fund is an authorized investment under this Section if
the mutual fund:
a) is registered with the Securities and Exchange Commission;
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b) has an average weighted maturity of less than two years;
c) is invested exclusively in obligations approved by this subchapter;
d) is continuously rated as to investment quality by at least one nationally recognized
investment rating firm of not less than AAA or it equivalent; and
e) conforms to the requirements set forth in Sections G, 2 and 3 relating to the eligibility
of investment pools to receive and invest funds of investing entities.
3. An entity is not authorized by this section to:
a) invest in the aggregate more than 80 percent of its monthly average fund balance,
excluding bond proceeds and reserves and other funds held for debt service, in
money market mutual funds described in Subsection F, 1 or mutual funds described
in Subsection 2, either separately or collectively;
b) invest in the aggregate more than 15 percent of its monthly average fund balance,
excluding bond proceeds and reserves in other funds held for debt service, in mutual
funds described in Subsection 2;
c) invest any portion of bond proceeds, reserves and funds held for debt service, in
mutual funds described in Subsection 2; or
d) invest its funds or funds under its control, including bond proceeds and reserves and
other funds held for debt service, in anyone mutual fund described in Subsection 1 or
2 in an amount that exceeds 10 percent of the total assets of the mutual fund.
G. Investment Pools
1. An entity may invest its funds and funds under its control through an eligible investment
pool if the governing body of the entity by rule, order, ordinance, or resolution, as
appropriate, authorizes investment in the particular pool. An investment pool shall invest
the funds it receives from entities in authorized investments permitted by this subchapter.
2. To be eligible to receive funds from and invest funds on behalf of an entity under this
chapter, an investment officer or other authorized representative of the entity an offering
circular or other similar disclosure instrument that contains, at a minimum, the following
information:
a) the types of investments in which money is allowed to be invested;
b) the maximum average dollar-weighted maturity allowed, based on the stated maturity
date, of the pool;
c) the maximum stated maturity date any investment security within the portfolio has;
d) the objectives of the pool;
e) the size ofthe pool;
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f) the names of the members of the advisory board of the pool and the dates their terms
expIre;
g) the custodian bank that will safekeep the pool's assets;
h) whether the intent of the pool is to maintain a net asset value of one dollar and the
risk of market price fluctuation;
i) whether the only source of payment is the assets of the pool at market value or
whether there is a secondary source of payment, such as insurance or guarantees, and
a description of the secondary source of payment;
j) the name and address of the independent auditor of the pool;
k) the requirements to be satisfied for an entity to deposit funds in and withdraw funds
from the pool and any deadlines or other operating policies required for the entity to
invest funds in and withdraw funds from the pool; and
I) the performance history of the pool, including yield average dollar-weighted
maturities, and expense ratios.
3. To maintain eligibility to receive funds from and invest funds on behalf of an entity under
this chapter, an investment pool must furnish to the investment officer or other
authorized representative of the entity:
a) investment transaction confirmations; and
b) a monthly report that contains, at a minimum, the following information:
1. the types and percentage breakdown of securities in which the pool is invested;
11. the current average dollar-weighted maturity, based on the stated maturity date,
of the pool;
111. the current percentage of the pool's portfolio in investments that have stated
maturities of more than one year;
IV. the book value versus the market value of the pool's portfolio, using the
amortized cost valuation;
v. the size of the pool;
vi. the number of participants in the pool;
V11. the custodian bank that is safekeeping the assets of the pool;
V111. a listing of daily transaction activity of the entity participating in the pool;
IX. the yield and expense ratio of the pool;
x. the portfolio managers of the pool; and
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Xl. any changes or addenda to the offering circular.
4. An entity by contract may delegate to an investment pool the authority to hold legal title
as custodian of investments purchased with its local funds.
5. In this section, "yield" shall be calculated in accordance with regulations governing the
registration of open-end management investment companies under the Investment
Company Act of 1940, as promulgated from time to time by the Federal Securities and
Exchange Commission.
6. To be eligible to receive funds from and invest funds on behalf of an entity under this
chapter, a public funds investment pool created to function as a money market mutual
fund must mark its portfolio to market daily, and, to the extent reasonably possible,
stabilize a $1 net asset value. If the ratio of the market value of the portfolio divided by
the book value of the portfolio is less than 0.995 or greater than 1.005, portfolio holdings
shall be sold as necessary to maintain the ratio between 0.995 and 1.005.
7. To be eligible to receive funds from and invest funds on behalf of an entity under this
chapter, a public funds investment pool must have an advisory board composed:
a) equally of participants in the pool and other persons who do not have a business
relationship with the pool and are qualified to advise the pool, for a public funds
investment pool created under Chapter 791 and managed by a state agency; or
b) of participants in the pool and other persons who do not have a business relationship
with the pool and are qualified to advise the pool, for other investment pools.
8. To maintain eligibility to receive funds from and invest funds on behalf of an entity under
this chapter, an investment pool must be continuously rated no lower that AAA or AAA-
m or at an equivalent rating by at least one nationally recognized rating service.
EXISTING INVESTMENTS Any investments currently held that do not meet the guidelines of
this policy shall be reviewed to determine the ability to liquidate. If the investment cannot be
liquidated because of material adverse change in the value since the time of purchase, and
holding the investment to maturity does not negatively affect disbursements or cash flow, a
recommendation of holding said investment to maturity is acceptable.
PROCUREMENT Investments of subsections A-G of this section, excluding new issues, may
be made only after competitive bids are solicited from at least three sources.
MONITORING The market value of each investment shall be obtained monthly from a source
such as the Wall Street Journal newspaper, a reputable brokerage firm or security pricing service
and reported on the monthly investment reports.
LENGTH OF INVESTMENTS The maximum stated maturity, from the date of purchase, for
any individual investment may not exceed 5 years and the maximum dollar-weighted average
maturity for the pooled fund group (investment portfolio) may not exceed 2 years.
DIVERSIFICATION It is the policy of the City of La Porte to diversify its investment
portfolios. Assets held in the common investment portfolio shall be diversified to eliminate the
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risk ofloss resulting from one concentration of assets in a specific maturity, a specific issuer or
a specific class of securities. Diversification strategies shall be determined and revised
periodically by the Audit Committee.
In establishing specific diversification strategies, the following general policies and constraints
shall apply:
A. Portfolio maturities shall be staggered in a way that protects interest income from the
volatility of interest rates and that avoids undue concentration of assets in a specific maturity
sector. Securities shall be selected which provide for stability of income and reasonable
liquidity.
B. The Audit Committee shall establish strategies and guidelines for the percentage of the total
portfolio that may be invested in securities other than repurchase agreements, Treasury bill
and n.otes, or insured and collateralized certificates of deposits. The Audit Committee shall
conduct a semi-annual review of these guidelines, and shall evaluate the probability of
market and default risk in various investment sectors as part of its considerations.
VII. SELECTION OF BANKS AND DEALERS
BIDDING PROCESS Depositories shall be selected through the City's banking services
procurement process, which shall include a formal request for proposal (RFP) issued every two
(2) years. In selecting depositories, the credit worthiness of institutions shall be considered, and
the Director of Finance shall conduct a comprehensive review of prospective depositories credit
characteristics and financial history.
INSURABILITY Banks and Savings & Loans Associations seeking to establish eligibility for
the City's competitive certificate of deposit purchase program, shall submit fmancial statements,
evidence of Federal insurance and other information as required by the Director of Finance.
PRIMARY DEALERS AND APPROVED LIST For brokers and dealers of government
securities, Investment Officials shall select only those dealers reporting to the Market Reports
Division of the Federal Reserve Bank of New York, also known as "primary government
securities dealers," unless a comprehensive credit and capitalization analysis reveals that other
firms are adequately financed to conduct public business. Before engaging in investment
transactions with a broker/dealer, the Investment Official shall have received, from a Qualified
Representative of said firm, a signed Certification Form. (Exhibit B) This form shall attest that
the individual responsible for the City's account with that firm has reviewed the City's
Investment Policy and that the brokerage firm has implemented reasonable procedures and
controls in an attempt to preclude imprudent activities arising out of investment transactions
conducted between the City and the brokerage fmn. The audit committee shall at least annually
review, revise, and adopt a list of qualified brokers that are authorized to engage in investment
transactions with the City. (Exhibit A)
VITI. SAFEKEEPING AND CUSTODY
INSURANCE OR COLLATERAL All bank deposits, certificates of deposit, and repurchase
agreements shall be secured by pledged collateral. Bank deposits and certificates of deposit
shall be collateralized with a market value equal to no less that 100% of the deposits plus
accrued interest less than an amount insured by FDIC. Repurchase agreements shall be
monitored daily. Evidence ofthe pledged collateral shall be maintained by the Director of
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Finance or a third party [mancial institution. Repurchase agreements shall be documented by
specific agreement noting the collateral pledged in each agreement. Collateral shall be reviewed
monthly to assure the market value of the securities pledged equals or exceeds the related bank
balances.
SAFEKEEPING AGREEMENT All safekeeping arrangements shall be in accordance with a
Safekeeping Agreement approved by the Audit Committee which clearly defines the procedural
steps for gaining access to the collateral should the City of La Porte determine that the City's
funds are in jeopardy. The safekeeping institution, or Trustee, shall be the Federal Reserve Bank
or an institution not affiliated with the firm pledging the collateral. The safekeeping agreement
shall include the signatures of the City of La Porte, the firm pledging the collateral, and the
Trustee.
COLLATERAL DEFINED The City of La Porte shall accept only the following securities as
collatera~:
A. FDIC insurance coverage;
B. United States Treasuries and Agencies;
C. Texas State, City, County, School or Road District bonds with a remaining maturity often
(10) years or less with rating from a nationally recognized investment rating firm and having
received a rating of not less than A or its equivalent;
D. Other securities as approved by the Audit Committee.
SUBJECT TO AUDIT All collateral shall be subject to inspection and audit by the Director of
Finance or the City's independent auditors.
DELIVERY VERSUS PAYMENT Treasury Bills, Notes & Bonds and Government Agencies'
securities shall be purchased using the delivery versus payment method. That is, funds shall not
be wired or paid until verification has been made that the collateral was received by the Trustee.
The collateral shall be held in the name of the City or held on behalf of the City. The Trustee's
records shall assure the notation of the City's ownership of or explicit claim on the securities.
The original copy of all safekeeping receipts shall be delivered to the City.
IX. MANAGEMENT AND INTERNAL CONTROLS
The Director of Finance shall establish a system of internal controls, which shall be reviewed by
an independent auditor. The controls shall be designed to prevent losses of public funds arising
from fraud, employee error, misrepresentation by third parties, unanticipated changes in
financial markets, or imprudent actions by employees or Investment Officials of the City.
Controls and managerial emphasis deemed most important that shall be employed where
practical are:
A. Control of collusion.
B. Separation of duties.
C. Separation of transaction authority from accounting and record keeping.
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D. Custodian safekeeping receipts records management.
E. Avoidance of bearer-form securities.
F. Clear delegation of authority.
G. Documentation on investment bidding events.
H. Written conformation of telephone transactions.
1. Reconcilement and comparisons of security receipts with the investment subsidiary records.
1. Compliance with investment policies.
K. Accurate and timely reports.
L. Validation of investment maturity decisions with supporting cash flow data.
M.Adequate training and development of Investment Officials.
N. Verification of all interest income and security purchase as sell computations.
O. Review of financial condition of all brokers, dealers and depository institutions.
P. Staying informed about market conditions, changes, and trends that require adjustments in
investment strategies.
COMPLIANCE AUDIT The City of La Porte shall perform, in conjunction with its annual
financial audit, a compliance audit of management controls on investments and adherence to the
entity's established investment policies. The audit shall include a formal review of the quarterly
investment reports by an independent auditor and the results reported to the governing body by
the independent auditor. Also, the governing body shall review its investment policy and
investment strategy not less than annually and adopt a written instrument by rule, order,
ordinance, or resolution stating that it has reviewed the investment policy and strategy, and
recorded any changes made to them.
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Exhibit A
City of La Porte
Approved List of Brokers/Dealers and Investment Pools
Brokers/Dealers
Coastal Securities
First Southwest Company
Harveston Securities, Inc
Duncan Williams, Inc.
Investment Pools
TexPool
LOGIC Investment Pool
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Exhibit B
BROKER/DEALER CERTIFICATION FORM
As required by Texas Government Code 2256.005 (k)
CITY OF LA PORTE, TEXAS
The City of La Porte acknowledges that the only means the firm has to preclude
imprudent investment activities arising out of transactions between the firm and
the City is to confirm that all provisions of the City's investment policy are
followed in investment transactions conducted between the firm and the City, and,
the second paragraph below should be read accordingly.
I, as a registered principal for the firm
do hereby certify that I, and the broker covering this account,
have received the investment policy of the City.
We acknowledge that this firm has implemented reasonable internal procedures and
controls in an effort to preclude imprudent investments between the City and the firm.
Signature
Name:
Title:
Date:
, . . .
':::::-::::i:::
~;::'i:~
, .. ...
:':::::j:j:j::'::j:
. . . . . .. . .
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Exhibit C
City of La Porte, Texas
Investment Strategy Statement
The City of La Porte, Texas (the "City") will strive to administer and invest its pooled
funds at the highest investment return possible while always taking into account the
primary goals of preservation of principal and liquidity of funds invested consistent with
the City's investment policy.
The City's funds, which are pooled together and constitute the investment portfolio,
include all financial assets of all funds managed by the City, including but not limited to
receipts of tax revenues, charges for services, bond proceeds, interest incomes, loans and
funds received by the City where the City performs a custodial function.
The City will never invest its funds in a security that is deemed unsuitable to the financial
requirements of the City. Maturities will be staggered in a manner that meets the cash
flow needs of the City.
The primary investment objective is the preservation and safety of principal. Each
investment transaction shall seek first to ensure that principal losses are avoided, whether
they are from security defaults or erosion of market value.
The City's investment portfolio will remain sufficiently liquid to enable the City to meet
operating requirements that might be reasonably anticipated. Liquidity shall be achieved
by matching investment maturities with forecasted cash flow requirements and by
investing in securities with active secondary markets.
The City shall always maintain a highly diversified investment portfolio in order to
reduce the amount of credit and market risk exposed to the City's portfolio.
After first considering safety and liquidity, the City's investment portfolio shall be
designed with the objective of regularly exceeding the average rate of return on the three
month U.S. Treasury Bill. The two-year Treasury Note may also be used to measure the
performance of the investment portfolio to the current market. The City shall seek to
augment returns above this threshold consistent with risk limitations identified in the
City's investment policy and prudent investment principles.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By:
urce of Funds: Sylvan Beach Escrow Fund
Department:
Account Number:
001-0000-202-0623
Report:
Resolution: Ordinance: X
Amount Budgeted:
-0-
Exhibits:
Orr!in~nr.F! Aw~rr!ing Rir!
Amount Requested: $7,500
Exhibits:
Coastal Cooperation Aqreement
Budgeted Item:
YES
NO
Exhibits:
Letter from Harris County
SUMMARY & RECOMMENDATION
In July of 2001 the City submitted a Project Goal Summary to the Texas General Land Office applying for
capital to look at the erosion problems at Sylvan Beach Park. In March 2002 the City's application was
approved pursuant to the Coastal Erosion Planning and Response Act, to undertake an evaluation of the
alternatives to determine the feasibility, cost, and financing of different methods of avoiding, slowing or
remediating coastal erosion at Sylvan Beach Park; with funding in the amount of $50,000. The Texas
General Land Office, by this contract, is providing $42,500, or 85% of the total estimated cost of the
project. The City will contribute $7,500, or 15% of the total estimated cost of the project. Sylvan Beach
Park is Harris County property. Harris County has granted permission to allow the alternatives study to
take place. Participation in this project does not obligate either the City or Harris County to any future
activity regarding recommendations made by the study for future erosion remediation or control at Sylvan
Beach Park. The City and Harris County jointly constructed and have operated Sylvan Beach Fishing Pier
since 1995. There are funds set aside in the Sylvan Beach Pier Escrow Fund to cover the cost of
rebuilding the pier, should it become necessary, as well as additional funds that could be used to fund the
City's share of this Project Cooperation Agreement.
Staff Recommendation:
Staff recommends that Council consider approval of the proposed Project Cooperation
Agreement between the Texas General Land Office and the City of La Porte, with $7,500 for the City's
share to be funded from the Pier Revenue Escrow fund.
Action Required by Council:
Consider approval of the Project Cooperation Agreement as described above.
Availability of Funds:
General Fund WaterlWastewater
_ Capital Improvement _ General Revenue Sharing
-2L Escrow Funds N/A
Account Number: 001-0000-202-0623 Funds Available: XX YES NO
Approved for City Council Aaenda
GoW- T \.\~
'-{... S-c'L
Robert T. Herrera, City Manager
Date
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ORDINANCE NO. 02- 2002-.2547
AN ORDINANCE AUTHORIZING AND APPROVING A PROJECT COOPERATION
AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS GENERAL
LAND OFFICE TO EVALUATE EROSION RESPONSE ALTERNATIVES AT
SYLVAN BEACH PARK; APPROPRIATING $7,500.00 TO FUND SAID
AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract,
agreement, or other undertaking described in the title of this ordinance, in
substantially the form as shown in the document which is attached hereto and
incorporated herein by this reference. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the City of La
Porte. The City SecretaIy is hereby authorized to attest to all such signatures and
to affIx the seal of the City to all such documents. The City Council appropriates
the sum not to exceed $7,500.00 to evaluate erosion response alternatives at
Sylvan Beach Park, from the Sylvan Beach Pier Escrow Fund, to fund the City's
share of said Agreement.
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.
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Section 3. This Ordinance shall be effective from and after its passage anc
approval, and it is so ordered.
PASSED AND APPROVED, this 8TH day of April, 2002.
CITY OF LA PORTE
< :.r.:.' .~.. .
By:
/?t}rt~
Norman L. Malone,
Mayor
',"., .
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ArrEST:
l1fl (JJ-flrtI.J ,JiJM;.
Martha Gillett,
City Secretary
. . '. ,. .
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APP~~. ~ED AS TO FO;tR, : \
~~r-./~ ) ~
/~,(.A,I /C' "C~ I Cc_ZhZ:-.,.~
Knox W. Askins,
City Attorney
, ...."
FROM
;~ ~enlMO
COMMISSIONER
e
(MON) 3.18' 02 13:18/ST.13:17/NO. 4862113086 P 2
Nom CHANNEL ANNEX 11ii
14350 W AWSVI11.E ROAD
HOUSTON. 'tEXAS 17049
(713) 4~1()4
e
February 20, 2002
prorlet fi It.
The Honorable Norman L. Malone
Mayor, City of La Porte
P.O. Box 1115
La porte, Texas f7572..1115
. A A~~
"0K
Attn: Mr. Robert T. Herrera, City Mantiger
Dear Mayor Malone:
Hams County, Precinct Two, has no objection to the City of La Porte ~nd the State
of Texas efforts to coordinate a shoreline analysis study at Sylvan Beach Park. Our
understanding is that there is no cost to Precinct Two or future funding commitments
as a result of this study.
Our Parks office will need to be kept informed on the status of this project and would
appreciate ,a copy of the analysis study.
Please contact Gil Smith at (713) 455-8104 for future details on this project.
Fonteno, Commissioner
Harris County, Precinct Two
JF/GSlbb
co:
Mr. Elmo Wrigh~
Mr. GiI Smith"/
Mr. Mike Greer
E~~
Date
RECEIVED
N.tA . PARKS
MAR 0 8 2002
,.. .,..
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Texas General
Land Office
April 16, 2002
;" '"i AuR 'I
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J L-,---____,..._J
I P/,f;;(S & RECE..::\TiOiiJ DEPT.
David Dewhurst
Commissioner
Steve Barr
City of La Porte
604 W. Fainnont Parkway
LaPorte TX 77571
Re: GLO Contract No. 02-436 C
Dear Mr. Barr:
For your files, enclosed please find one fully executed contract with
the General Land Office.
If you have any questions, please call me at (512) 475-2225.
Sincerely,
~~I ~hr
l
Kathy Smartt
Contract Liaison
Enclosure
Stephen F. Austin Building
1700 North
Congress Avenue
Austin, Texas
78701-1495
512 -463-5001
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GLO Contract No. 02-436C
Coastal Projects No. 1114
PROJECT COOPERATION AGREEMENT
FOR- EVALUATING EROSION RESPONSE ALTERNATIVES
BETWEEN
GENERAL LAND OFFICE
AND
CITY OF LA PORTE
FOR
SYLVAN BEACH
THIS PROJECT COOPERATION AGREEMENT (Agreement) is made and entered into
by and between the General Land Office (GLO) and the City of La Porte (the Qualified Project
Partner) pursuant to the Coastal Erosion Planning and Response Act (the Act), Texas Natural
Resources Code Ann. 9933.601-12 (Vernon 2001 & Supp. 2002).
WHEREAS, pursuant to the Act, the GLO is authorized to implement a program of
coastal erosion avoidance, remediation, and planning; and
WHEREAS, if the GLO receives legislative appropriations or other funding, the GLO
will undertake coastal erosion studies, demonstration projects, and response projects in
conjunction with qualified project partners; and
WHEREAS, funds may be expended from the Coastal Erosion Response Account (the
Account) to finance erosion response activities authorized by the Act and approved by the
Commissioner of the GLO; and
WHEREAS, if the GLO and the Qualified Project Partner enter into a project cooperation
agreement to undertake an erosion response study or project, the Act requires the Qualified
Project Partner to pay at least 15% of the shared project costs; and
WHEREAS, the Qualified Project Partner has filed a Project Goal Summary with the
GLO in accordance with 31 Texas Administrative Code 915.21 (Vernon Supp. 2001); and
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WHEREAS, both the GLO and the Qualified Project Partner desire to cooperatively
undertake an evaluation of the alternatives to determine the feasibility, cost, and financing of
different methods of avoiding, slowing, or remediating coastal erosion as identified in the Project
Goal Summary;
NOW THEREFORE, in consideration of the benefits to the State of Texas, the GLO and
the Qualified Project Partner enter into this Agreement and hereby agree as follows:
I.' ALTERNATIVES ANALYSIS
1.01. AL TERNATIVES ANALYSIS. The parties agree to cooperatively evaluate alternatives
for addressing erosion problem(s) identified in the Project Goal Summary, attached hereto and
incorporated herein by reference as Attachment A, to assess the feasibility, cost, and financing of
different methods of avoiding, slowing, or remedying coastal erosion at Sylvan Beach, City of
La Porte, Harris County, Texas (the Alternatives Analysis). The parties shall complete the
Alternatives Analysis in accordance with the Wark Plan, attached hereto as Attachment B and
incorporated herein for all purposes.
1.02. NO COMMITMENT. The parties agree and acknowledge that by undertaking of
this Agreement the GLO neither expresses nor implies any commitment to fund
construction of any erosion response projects that may be evaluated in the Alternatives
Analysis pursuant to this Agreement.
1.03. COASTAL BOUNDARY SURVEY. The Qualified Project Partner agrees and
acknowledges that in the event a coastal boundary survey is required for the Alternatives
Analysis, the survey will be conducted in conformance with Section 33.136 of the Texas Natural
Resources Code. Maps, surveys and/or profiles to be completed under this Agreement shall not
include delineating or mapping vegetation, the line of vegetation or the landward boundary ofthe
public beach. Work products provided under this Agreement shall not include any mention of
the location of the line of vegetation or 'the boundary of the public beach. For any work funded
in whole or part by funds from the Account, vegetation, the line of vegetation and/or the
landward boundary of the public beach can only be mapped, delineated, or described with
specific written authorization from the GLO. A coastal boundary survey performed pursuant to
this Agreement must contain the following statement: "This survey does not nor is it intended to
be used to identify, delineate or fix the line of vegetation or the landward boundary of the public
beach. "
II. TERM.
2.01. DURATION. This Agreement shall be effective on the date the last party executes this
Agreement, and shall terminate upon the completion of the Work Plan or August 31, 2003,
whichever is earlier.
2.02. EARLY TERMINATION. This Agreement may be terminated by either party by
giving written notice specifying a termination date at least thirty (30) days subsequent to the date
of the notice.
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2.03. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the
satisfaction of the parties, either party may notify the other party in writing of the dispute. If the
parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written
notification, the GLO may require the issue(s) be mediated. fu such event, the GLO shall so notify
the Qualified Proj ect Partner and furnish the Qualified Project Partner. with the names of three
mediators acceptable to the GLO. Within ten (10) days of such notice, the Qualified Project Partner
shall select a mediator from the list provided by the GLO and notify the GLO. The mediation shall
occur within thirty (30) days of such notification. Prior to the mediation, each party will provide the
mediator with a statement of issues to be mediated, along with any other information/releases
required by the mediator. Cost of the mediator shall be borne equally by the parties. Any dispute
resolution shall be conducted in accordance with Chapter 2260 of the Texas Government Code
01 emon 200 I).
ill. FUNDING.
3.01. PARTNER MATCH. (a) The Act requires the Qualified Project Partner to pay at least
15% of the shared project costs. In-kind goods or services provided by the Qualified Project
Partner after entering into this Agreement may be used to offset the Qualified Project Partner's
shared costs for the project provided the Qualified Project Partner presents the GLO with
reasonable basis for estimating the monetary value of those goods or services. The decision to
allow any in-kind goods or services to offset cost-sharing requirements is in the sole discretion of
the GLO.
(b). The parties agree that all expenses associated with the performance of this
Agreement will be paid by the parties in accordance with the Budget attached hereto and
incorporated herein by reference as Attachment C. in an amount not to exceed the sum of Fifty
Thousand and No/lOO Dollars ($50,000.00). fu the event the parties agree that additional tasks
and/or funds are required, the parties shall execute an amendment to this Agreement. . The
Qualified Project Partner acknowledges that no costs incurred by the Qualified Project
Partner before entering into this Agreement or not in accordance 'with the Budget can be
used to offset the cost-sharing requirement. Further, the Qualified Project Partner
acknowledges that it may be subject to cost-sharing requirements exceeding the minimum 15%
share required by the Act.
b. For an in-kind Partner Match, valuing and accounting determinations should be
provided to the GLO within thirty (30) days of execution of this Agreement, and include a
description of the Partner Match, how it is to be provided, and a timeline for providing it over the
course of the Agreement. All in-kind Partner Match determinations are subject to the review and
approval of the GLO. All in-kind Partner Match requirements must be accounted for before the
expiration ofthis Agreement. Funds equaling to the in-kind match valuation will be retained until
the accounting for the match is provided to and approved by the GLO.
c. For a cash Partner Match, the full amount is due within thirty (30) days of the
execution of this Agreement. This match contribution should be submitted to the following:
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Texas General Land Office
Coastal Erosion Planning and Response Act (CEPRA)-MATCH
Mail Code 127
P.O. Box 12873
Austin, TX 78711-2873
Attn: Dianna Gordon
3.02. ALTERNATIVE SOURCE FUNDING. The parties agree to work cooperatively to
investigate and secure funding from sources other than the Account. Alternative sources of
funding acquired by the Qualified Project Partner after the execution of this Agreement may be
used to meet the Partner Match, subject to the approval of the GLO. Financial assistance from
the Beach Cleaning and Maintenance Assistance Program pursuant to 31 Texas Administrative
Code Chapter 25 (Vernon 2001) may not be used to meet the Qualified Project Partner's cost-
sharing requirement.
3.03. STATE FUNDING. This Agreement shall not be construed as creating any debt on behalf
of the State of Texas and/or the General Land Office in violation of Sec. 49, Art. III of the State
Constitution. In compliance with Sec. 6, Art. VITI of the Constitution, it is understood that all
obligations of the State hereunder are subject to the availability of State funds. If such funds are not
appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall
be discharged from further obligations, subject to the equitable settlement of their respective
interests accrued up to the date oftermination.
3.04. AUDIT. The GLO reserves the right to audit any Qualified Project Partner account related
to the subject project and to verify any expense item submitted for reimbursement by the Qualified
Project Partner, who will permit the GLO to inspect, and will make available for inspection, any and
all pertinent records, files, information, and other written materials pertaining to the expenditure of
funds on the Alternatives Analysis. The Qualified Project Partner further agrees to maintain, keep,
and preserve at its principal office all, such records, and all other records associated with this
Agreement, for a period offour (4) years following the completion or termination of this Agreement
and to make the same available to the GLO or other agencies of the state or federal government for
purposes of audit. '
IV. MISCELLANEOUS PROVISIONS.
4.01. OTHER LAW. Incorporated by reference the same as if specifically written herein are
the rules, regulations, and other requirements imposed by law, including but not limited to
compliance with those pertinent statutes, rules, and regulations of the State of Texas and those of
federal agencies providing funds to the State of Texas, all of which shall apply to the performance
of the services hereunder.
4.02. PARTNER COMPLIANCE. This paragraph applies only to a local governmental entity
subject to the provisions of the Open Beaches Act (Texas Natural Resources Code, Chapter 61) and
the Dune Protection Act (Texas Natural Resources Code, Chapter 63). The Qualified Project
Partner acknowledges that it will reimburse the Account for any costs to the erosion response
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project, whether in the form of increased project costs or decreased benefits, resulting from any
action or activity which has occurred or is occurring that is not in compliance with the relevant local
beach/dune plan(s).
4.03. POINTS OF CONTACT.
a. The GLO's point of contact for this Agreement shall be:
Jimmy Tyree
Project Manager
Resource Management Program Area
1700 N. Congress Ave.
Austin, Texas 78701-1495
(512) 475-1552
(512) 475~0680 -- fax
b. The Qualified Project Partner's point of contact for this Agreement shall be:
Stephen Barr
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
(281) 470-7275
(281) 470-1361 -- fax
4.04. NOTICES. Any notice required or permitted to be delivered under this Agreement shall
be deemed delivered when deposited in the United States mail, postage prepaid, certified mail,
return receipt requested, addressed to the point of contact for the GLO or the Qualified Proj ect
Partner, ~ the case maybe, at the address set forth in Section 4.03 of this Agreement.
4.05. VENUE. This Agreement~hal1 be governed and construed in accordance with the laws
of Texas. Venue of any suit brought for breach of this Agreement is fixed in any court of
competent jurisdiction in Travis County, Texas; provided, however, the foregoing shall not
be construed as a waiver of sovereign immunity by the GLO.
4.06. SEVERANCE. Should anyone or more provisions of this Agreement be held to be
void, voidable, or for any reason whatsoever of no force and effect, such provision(s) shall be
construed as severable from the remainder of this Agreement and shall not affect the validity of
all other provisions of this Agreement, which shall remain of full force and effect.
4.07. FORCE MAJEURE. Any delays in or failure of performance by either party, except in
respect of the obligation to make payments under this Agreement, shall not constitute default
hereunder if and to the extent such delays or failure of performance are caused by occurrence( s)
beyond the reasonable control of the party affected, and which by the exercise of due diligence
such party is unable to prevent, herein called "Force Majeure," including but not limited to: acts
of God or the public enemy, sabotage, war, mobilization, revolution, civil commotion, riots,
strikes, lockouts, fires, accidents or breakdowns, floods, hurricanes or other actions of
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governmental authorities. In any such event, the party claiming Force Majeure shall notify the
other party in writing and, if possible, of the extent and duration thereof and shall exercise due
diligence to prevent, eliminate or overcome such cause where it is possible to do so and resume
performance at the earliest possible date.
4.08. ENTIRE AGREEMENT. This Agreement constitutes. the entire agreement of the
parties. No other agreement, statement, or promise that is not contained in this Agreement shall
be binding except a subsequent written modification signed by both parties.
GENERAL LAND OFFICE
CITY OF LA PORTE
~QJ1
Larry R. Sow d, ChiefClerk/""
Senior Dep. uty Land cor:nm;zoner
Date of execution: ~ rfez---
Q~T~
N.ame:~. I ?€.rt(.
TItle:
Date of execution: Lf-'t....o 'L
A ,().;?r) . . /:-J>' 4. - -It. r:::/)Od"I'
if I ~ {)I, iY /' ,s / r ~/^-j/, .
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ot:z I-It:d ti""J:..'.-t. .
U; 4#Cn-,,/
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ATTACHMENT A
PROJECT GOAL SUMMARY
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GLO#l"~
'Project Goal Summary
Sylvan Beach Project
Date Submitted: July 1 0, 2001
Potential Project Partner Name and Point of Contact AddresslPhoneJFax:
City of La Porte
Mr. Stephen Barr
P.O. BOX 1115
La Porte, TX 77572-1115
(281) 470-7275 phone
(281) 470-1361 fax
Location and Geographic Scope of Erosion Problem (map attached):
The City of La Porte, Harris County in Galveston Bay.
Problem Description/Severity of Erosion:
Rate of erosion is 3 to 4 feet/year. Subsidence and erosion caused by waves
induced by the navigation channel have caused the loss of a historic beach.
Several years ago, the beach was popular and w~ a recreational park for the
public. After the creation of the Intra Coastal Waterway Navigation Channel the
waves created by ships induced strong erosion and the beach was lost in a few
years. Although the shoreline is in some areas protected by rip-rap and a bulkhead,
the erosion caused by water surges caused by ship wakes still deteriorating the .
shoreline. '
Presumed Causes (if avallable):
Water surges caused by ship wakes are one of the strongest causes of
erosion and deterioration of this historic beach. Other presumed cause of the
problem is subsidence. The Harris County Coastal Subsidence District estimates
that the area has subsided 6-7 feet since 1906. Although subsidence has been
minimized in the last 25 years, past subsidence increased the affect of erosion.
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GLO#l'~
Desired Outcome (Goals of Project):
Guiding principle-accomplish each goal to the maximum practical extent,
, consistent with the preservation of public property rights in beach use and access.
. Construct a breakwater to lessen ~e impact of wave action
. Re-nourish the beach to expand the recreational activities in this very utilized
park~
. Stabilize the shoreline which has been undennined by erosion.
. Protect public property values.
. Enhance the park to attract and educate people explaining the importance of
beaches on the Galveston Bay.
Description of Benefits (if Goals of Project are achieved-public, economic
and/or natural ,resource benefits):
. Offer an recreational activity to this very utilized park.
.. Rebuild a lost beach, which was one ,of the most important recreatio~al sites in
. the past in La Porte.
Alternatives for Response and Order-of-Magnitude of Total Cost:.
$5,000 $50,000 $500,000 $1 million $10 million $50 million $100 million
$ 50,000-$500,000
The project is estimated to cost $250,000
,
. Potential Co-sponsors:
. Galveston Bay Estuary Program (GBEP)
. City of La Porte.
. Harris County
. Galveston Bay Foundation (GBF)
. US Army Corps of Engineers (USACE)
. US Environmental Protection Agency (USEP A)
. Texas General Land Office (GLO)
.. Texas Parks and Wildlife Department (TPWD)
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Potential Funding Alternatives:
. USEP A through GBEP-Construction Funds.
. Harris County Flood,Control District-Planning Help
. TP~Wetland Planting Funds
. GBF- Wetland Planting and Cleanup Funds
.. USACE-Section 103 Cost Sharing
GLO# lilY
State Representative- NameJDistrict No.: John E.Davis/ District No. 129
State Senator Name-District No.: Mike Jackson! District 11
Congressmen Name- District NoJ: Ken Bentsen! District 25
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GLO#lJ~
..-
Location of Sylvan Beach.
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GLO#l'I.~
Area 8ffected by shoreline erosion induced by wave actions at Sylvan Beach in the City of La
Porte. Galveston Bay. Notice the deterioration of the bulkhead.
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GLO # 1"111
Area affected by shoreline erosion induced by wave actions at Sylvan Beach in the City of La
Porte. Galveston Bay.
6
Jimm . Tree - sylyanbeachrestoration.jp',9 _
Pa e 1
~.' ........., ._.~.._.__.. -.....-.-
..... _..' .__ - - - _0" ~
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ATTACHMENT B
WORK PLAN
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SYLVAN BEACH SHORELINE PROTECTION, CEPRA # 1114
ALTERNATIVES ANALYSIS WORK PLAN
1. To address erosion at Sylvan Beach, the GLO shall:
a. Identify, document, and confer with the Qualified Project Partner, the location
and extent of the area to be evaluated.
b. Contract with a professional services provider to:
document existing conditions/applications;
review and summarize historical data and engineering studies;
collect data as required to determine alternatives for erosion;
conduct boundary and site surveying as required;
determine all permit requirements and obtain permits;
conduct alternatives analysis;.
evaluate feasibility of alternatives;
recommend preferred alternatives;
determine length of shoreline to be protected; and
estimate construction costs.
c. Identify legal requirements for the use of state-owned submerged land.
d. Determine with the Qualified Project Partner, the preferred altemative(s) for
erosion response at the project site.
e. Estimate total project costs of implementation of preferred alternatives and
cost-sharing requirements.
f. Provide financial point of contact.
2. To address erosion at Sylvan Beach, the Qualified Project Partner shall:
a. Confer and cooperate with the GLO, the location and extent of the area to be
evaluated.
b. Confer and cooperate with the GLO on the selection of the professional
service provider, scopes of work, and preferred alternatives.
c. Identify, document, and coordinate with the GLO any in-kind services that
will count toward the cost-sharing requirement under this Agreement:
labor;
contractual;
volunteers;
equipment; and
supplies.
d. Document local support (local associations, foundations, and others).
e. Provide data from local appraisal districts and taxing entities as needed.
f. Provide [mancial point of contact.
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ATTACHMENT C
BUDGET
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BUDGET PAGE
Sylvan Beach Shore Protection: Beach Nourishment
CEPRA PROJECT #1114
CONTRACTUAL AMOUNT
Task 1.Alternatives Analysis $50,000.00
. '
TOTAL PROJECT COST NOT TO EXCEED $50,000.00
PROJECT COSTS
QUALIFIED PROJECf PARTNER (QPP): 15 % of total project costs $7,500.00
QPP Cash Commitment $7,500.00
QPP In-kind Commitment $0.00
QPP's TOTAL CONTRIBUTION* .- - $7,500.00
CEPRA: 85% of total project costs
CEPRA's TOTAL CONTRIBUTION $42,500.00
TOTAL PROJECT CONTRIBUTIONS $50,000.00
COSTS~NGS~Y
. Please specify when using historically underutilized business as required by state law.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Anril 8. 2002
Requested By: S. Gillett ~If,
Department: Public Works
Apnronriation
Source of Funds: Utility CIP
003-9890-818-1100
Account Number: 003-9890-863-1100
Report: Resolution: Ordinance: XX
Exhibits: Ordinance
Exhibits: Bid Tabulation
Exhibits: Bidder's List
Amount Budgeted: $ 47.369.00
Amount Requested:
$50,000.00
Budgeted Item: YES
SUMMARY & RECOMMENDATION
The FY 00-01 Utility Capital Improvement Fund included funds to renovate the electrical system
at Water Well # 7 in Brookglen. Because of the need to provide plans and specifications
prepared by a registered electrical engineer, this project was delayed until the current fiscal year
to be combined with a similar project planned for Water Well #4, at .Main and Broadway.
Shrader Engineering was retained to prepare plans and specifications for both projects. Bids
were opened on March 25, 2002. Bid packages were picked up by five-(5) electrical contractor,
with four (4) returning bids.
Low bid was submitted by Moser Electric Company in the amount of $47,000.00. A $3,000.00
contingency is also requested, for a total of $50,000.00. The. Utility CIP funds available for this
project total $47,369. The additional $2,631 needed to complete the Project is available in funds
remaining in the Belfast Waterline Replacement Project, which has been completed.
Action Required bv Council: Approve an ordinance authorizing the City Manager to execute a contract
with Moser Electric Company in the amount of $47,000.00, and authorize a contingency of $3,000.00.
Approved for City Council Aeenda
QJ~ T7 ~
Robert T. Herrera, City Man~ger
-=.t- ;. O~
Date
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ORDINANCE NO. 2002- 254e
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND KOSER ELECTRIC COMPANY, INC., FOR RENOVATIONS AT
WATER PLANTS #4 AND #7, APPROPR:I:ATING $47,000.00 PLUS A CONTINGENCY
OF $3,000.00, TO FUND SAID CONTRACT, MAXING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, PROVIDING AN EFFECTrvE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Sectiqn 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The city Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The city Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents. City Council appropriates the sum of $47,000.00 plus a
contingency of $3,000.00, from Fund 3 to fund said contract.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, 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.
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PASSED AND APPROVED, this 8th day of April, 2002.
CITY OF LA PORTE
By:
~
No man L. MalO~
Mayor
ATTEST:
~ (). IIJIP/
Mar a A. Gillett
City Secretary
APPROVED: ~
!5d:dw &;j~
Knox W. Askins .
City Attorney
2
WATER WELL # 4 AND # 7 ELECTRICAL RENOVATIONS
BID TABULATION
3/25/02
e
BIDDER BASE BID 5% BID BOND ADDENDUM # 1
-
,
MOSER ELECTRIC $ 47,000.00 YES YES
VOSSLER ELECTRICAL SERVICES $ 59,900.00 YES YES
I
INSTRUMENTATION & ELECTRICAL SPECIALIST, LTD $ 63,100.00 YES YES
PFEIFFER & SON, L TD $ 68,700.00 YES YES
RESCO ELECTRIC NO BID N/A N/A
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WATER WELL #4 AND #7 ELECTRICAL RENOVATIONS
BIDDER'S LIST
Instrumentation and Electrical Specialists, LLC
412 North 11 th Street
La Porte, Texas 77571
Attn: Art Surette
Vossler Electrical Services
P.O. Box 8315
Bacliff, T ex~s 77518
Attn: Steve <;arpenter
Resco Electric, Inc.
P.O. Box 1344
Spring, Texas 77383
Attn: Stephen 1. Ratajack
Pfeiffer & Son, L TD
116 North 16th Street
La Porte, Texas 77571
Attn: Bill Baker
Moser Electric
435 South 8th Street
La Porte, Texas 77571
Attn: Tommy Moser
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CITY OF LA PORTE
April 4, 2002
TO:
Robert T. Herre~ City Manager
Martha A. Gillett, TRMC JJI KA-Jl )
City Secretary '-"or v
FROM:
SUBJECT:
TML Booth
The City of La Porte booth at the TML Convention was a great success. We had over one thousand
visitors stop at the booth. Letters were sent to everyone who dropped a business card in our basket. 1
received several phone calls and letters from other city officials complimenting us on our booth. One
of the letters was from the Mayor of Wichita Falls and he said, "I enjoyed your booth and thought you
made a wonderful showing. Hope to see you at the conference." Many of the compliments received
were about our marketing CD., and our very own "Dinky" the clown.
The total cost of the booth was $7,915.37. This amount included booth rental fee, prizes, CD.s,
banner, candy, film, supplies and a registration book. The cost will be increased in the future due to the
conference being out of the Houston area. I estimate the cost would be in the $10,000 range.
Overall, the booth was very successful and earned the City a great deal of recognition throughout
Texas. Everyone who visited our booth knows where La Porte, Texas is now. Please let me know if
you want to continue this booth at the conference next year.
If you need additional information, please advise.
Img
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DRAFT
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 34, ENVIRONMENT, ARTICLE 3, NOISE,
SECTIONS 34-91 THROUGH 34-94, INCLUSIVE, AND REPLACING SAID REPEALED
SECTIONS WITH A NEW CHAPTER 34, ENVIRONMENT, ARTICLE 3, NOISE
POLLUTION, SECTIONS 34-91 THROUGH 34-97 OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
SECTION 1. The City Council of the City of La Porte hereby finds, determines and
declares that all prerequisites of law have been satisfied, and hereby determines and
declares Chapter 34, Environment, Article 3, Noise, Sections 34-91 through 34-94,
inclusive, are hereby repealed.
SECTION 2. New provisions to the Code of Ordinances of the City of La Porte, being
Chapter 34, Environment, Article 3, Noise Pollution, Sections 34-91 through 34-97,
inclusive, are hereby added to the Code of Ordinances of the City of La Porte, to read as
follows, to-wit:
Section 34-91. Definitions
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, unless the context of their usage clearly
indicates another meaning:
Daytime hours shall mean the hours between 7:00 a.m. on one day and 9:00 p.m.
on the same day.
Db( A) shall mean the intensity of a sound expressed in decibels read from a
calibrated sound level meter utilizing the A-level weighting scale and the slow
meter response, as specified by the American National Standards Institute.
ORDINANCE NO.
PAGE 2
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Emergency shall mean any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage or loss which demands immediate
action.
Emergency work shall mean any work performed for the purpose of preventing or
alleviating the physical trauma or property damage threatened or caused by an
emergency, or which is otherwise necessary to restore property to a safe condition
following a fire, accident or natural disaster, or which is required to protect
persons or property from exposure to danger, or which is required to restore
public utilities.
Nighttime hours shall mean the hours between 9:00 p.m. on one day and 7:00 a.m.
on the following day.
Nonresidential property shall mean any real property within the limits of the city
which is not included in the definition of residential property as defined in this
section.
Person - Refer to Section 1-2 of this Code
Property line shall mean the line along the ground surface, and its vertical
extension, which separates the real property owned, leased or occupied by one
person from that owned, leased or occupied by another person and the imaginary
line which represents the legal limits of property of any person who owns, leases
or otherwise occupies an apartment, condominium, hotel or motel room, office or
any other type of occupancy.
Public right-of-way shall mean any street, avenue, boulevard, highway, road,
thoroughfare, sidewalk, alley or any other property which is owned or controlled
by a governmental entity.
Residential property shall mean any real property developed and used for human
habitation and which contains living facilities, including provisions for sleeping,
eating, cooking and sanitation, unless such premises are actually occupied and
used primarily for purposes other than human habitation.
Sound shall mean any pressure variation that can be detected by the human ear.
Sound nuisance shall mean any sound which either exceeds the maximum
permitted sound levels specified in Section 34-92, otherwise unreasonably
disturbs, injures or endangers the comfort, repose, health, peace or safety of others
within the limits of the city.
Vibration shall mean any oscillatory motion of solid bodies described by
displacement, velocity or acceleration.
ORDINANCE NO.
PAGE 3
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DRAfT
Section 34-92. Maximum permissible sound levels
No person shall conduct, permit, or allow any activity or sound source to produce
a sound that is discernible beyond the property lines of the property on which the
sound is being received. And when measured, as provided in Section 34-96 of
this Chapter, exceeds the applicable Db(a) level listed below for the property on
which the sound is received.
A. Residential property - see chart below.
B. Commercial prqperty - see chart below.
C. For Industrial property, see additional standards in Chapter 106-521.
The Db(A) levels set forth in this section apply to the property where the sound is
being received. Any sound that when measured at the property where the sound
is being received exceeds the Db(A) levels set forth in this section is a violation of
this chapter. Evidence that an activity or sound source produces a sound that
exceeds the Db(A) levels specified in this section, when measured at the site
where the sound is being produced, if available, shall be prima facie evidence of a
sound nuisance which unreasonably disturbs, injures or endangers the comfort,
repose, health, peace or safety of others within the limits of the city in violation of
this Chapter.
Section 34-93. General prohibition
A. It shall be unlawful for any person to make, assist in making, continue,
cause to be made or continued or permit the continuance of any sound which
either exceeds the maximum permitted leve~s specified in Section 34-92,
otherwise unreasonably disturbs, injures or endang~r~ the comfort, repose, health,
peace or safety of others within the limits of the ci~y.
B. The acts enumerated in the following sections of this chapter, among
others, are declared to be sound nuisances which are unreasonably loud, irritating,
disturbing, or excessive sounds in violation of this chapter, but such enumeration
shall not be deemed to be exclusive.
ORDINANCE NO.
PAGE 4
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Section 34-94. Amplified sound from motor vehicles
The production or reproduction of sound from amplification equipment contained
in or mounted on a motor vehicle that produces sound in excess of the limits set
forth in Section 34-92, when measured at or near 15 feet from the nearest external
point on the vehicle, is hereby prohibited and declared to be unlawful as a sound
nuisance in violation of this chapter, except as permitted by Section 34-97.
Furthermore, the operating hours are limited to daytime hours Monday through
Saturday, and 1 :00 p.m. to 9:00 p.m. on Sunday
Section 34-95. Defenses
The following defenses shall apply to any offense established in this Chapter:
1. The emission of any sound was for the purpose of alerting persons to the
existence of an emergency, danger or attempted crime.
2. The sound was produced by an authorized emergency.
3. The sound was produced by emergency work necessary to restore public
utilities, or to restore property to a safe condition, or to protect persons or property
from imminent danger, following a fire, accident or natural disaster.
4. The sound was:
a. at a lawfully scheduled stadium event;
b. by a parade and spectators and participants on the parade route
during a permitted parade;
c. by spectators and participants at a lawfully scheduled amphitheater
event;
d. by patrons and participants using cannons and gunfire during
historical battle reenactments for which a pyrotechnic permit was obtained
and the explosives were inspected by the fire marshal;
e. by a pyrotechnic display that was inspected and approved by the
fire marshal;
f. by spectators and participants of any outdoor event, fun run, race,
festival, fiesta, or concert which was sponsored, cosponsored, or
permitted by the city, or
g. any other lawful activity which constitutes protected expression
pursuant to the First Amendment of the United States Constitution.
5. The sound was produced by the erection, excavation, construction,
demolition, alteration, or repair work, or the permitting or causing thereof, of any
building or other structure, or the operation or the permitting or causing the
operation of any tools or equipment used in any such activity conducted during
daytime hours and which activity did not produce a sound exceeding 75 Db(A)
when measured from the nearest residential property where the sound is being
received.
6. The sound was produced by an aircraft in flight or in operation at an
airport, or railroad equipment in operation on railroad rights-of-way.
7. The sound was produced operating or permitting the operation of any
mechanically powered saw, drill, sander, router, grinder, lawn or garden tool,
ORDINANCE NO.
PAGE 5
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DRAFT
lawn mower, or any other similar device used during daytime hours and which
device did not produce a sound exceeding 85 Db(A) when measured from the
nearest residential property where the sound is being received and was used for
the maintenance or upkeep of the property on which it was used.
8. The sound was generated as authorized under the terms of a permit issued
under Section 34-97 of this Chapter.
9. The sound was produced by church bells or church chimes when used as
part of a religious observance or service during daytime hours and which did not
exceed five continuous minutes in duration in anyone-hour period.
Section 34-96. Method of sound measurement
Whenever portions of this chapter prohibit sound over a certain decibel limit,
measurement of said sound shall be made with a Type 1 or Type 2 calibrated
sound level meter utilizing the Aweighting scale and the slow meter response as
specified by the American National Standards Institute (ANSI S141984/85A).
Noise levels shall be measured in decibels and A-weighted. The unit of
measurement shall be designated as Db(A). Meters shall be maintained in
calibration and good working order. Measurements recorded shall be taken so as
to provide a proper representation of the sound being measured. The microphone
of said meter shall be positioned so as not to create any unnatural enhancement of
diminution of the measured sound. A windscreen for said microphone shall be
used. Except as provided in Sections 34-94 and 34-95, measurements shall be
taken at or near the nearest property line of the property where the sound is being
received.
Section 34-97. Permit required for use of outdoor sound amplification
No person shall use or cause to be used any loudspeaker, loudspeaker system,
sound amplifier or any other machine or device which produces, reproduces, or
amplifies sound on automobiles or other motor vehicles in a manner which
exceeds the levels specified in Section 34-92, when measured from the property
where the sound is being received, without first obtaining a permit to do so. Such
permit:
1. may be obtained by making application to city;
2. requires payment of $1.00 per day fee for the administrative costs of
issuing the permit; and
3. is valid for one day only.
(a) The use of any loudspeaker, loudspeaker system, sound amplifier
or any other similar machine or device which is permitted pursuant to this
section is subject to the following regulation(s):
1) Permit is limited to Monday through Saturday during
daytime hours; and Sunday 1 p.m. to 9 p.m.
ORDINANCE NO.
PAGE 6
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DRAFT
SECTION 3. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall
violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and
upon conviction shall be punished by a fine not to exceed Two Thousand Dollars
($2,000.00). Each day a violation of this ordinance shall continue shall constitute a
separate violation.
SECTION 4. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to
be the intention of the City of Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
SECTION 5. 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 6. This Ordinance shall become effective fourteen (14) days after its passage
and approval. The City Secretary shall give notice to the passage of the notice by causing
the caption to be published in the official newspaper of the City of La Porte at least twice
within ten (10) days after the passage of the Ordinance.
ORDINANCE NO.
PAGE 7
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PASSED AND APPROVED THIS THE
ATTEST:
By:
MARTHA GillETT,
City Secretary
APPROVED:
By:
JOHN D. ARMSTRONG,
Assistant City Attorney
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DRAFT
DAY OF
. 2002.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
NOISE ORDINANCE e
PRESENTATION TO CITY COUNCIL
. "
What Is Noise?
II, .
No~ Is any
. . . I
,:. .s;,und ~ 10 imOii.uIaiyibration , ':I"~.:;"" ,
, " ", ,.'1 .. " . "
:' :.sound' wliicb ca\ISes dis~mnf~rt to ttie' h~i' '.' > '
, ~~'. ;:! . ~ .. : :;,
,'r .""
'I'
, ..
. ,J
, '
Noise IntensitY. .
.'
II:,' ~.,
'\ :.-.
. " ' . , ,I _'.. , :"r '.. ~
Noise ~!ensi~y isme~ed","de~i~J~its. ,,',
~ 100000i~1 is peiceived'~;";~gllIY8'dirobli~~:~f'
loudness, e.g.: ,'",' '. "', " '
30 decibels is ten timesri\l~r,;inle~than 2Q.
. decibels and so\indsl\vice os loud' . ,
. ',' .
. 80 decibels is'l mil1io~ tiniesrilOre'int.,;,se thiin
, '20 <k\cibels and sO~ds 64 tim~ as lo~d,
'. ,I"
. 'I
,.
',;
. . '~I
":' I'"
, , '
.' i' ~"
" . .~':' . ~
',:'
'.\ 1::'0,
.'
N~ise Regula~ion~!;~J;~':P6~e.: :'~:
"'/ >.
..j,,'
',. <:". . , I. ',k
Noise \iolations are mentioned in four cb'~i>te,;rof>th';, ,
City's Code ofOi~ce~. ,,' .::, " ,'; /.: : ,: :' ;'. ,: .
" 'Chapter 10: Annis~ments. ~Ctiol1lO, 79., y.oin-':,' ,
0pe!8~ ~cbines; :.. ': <>;::::"'j", ::;" "
'ChaPter 14: Al]inials - Section :14;107;J;larking Dog.< .
. ", ," ,'- .....' "';./!.':. ""J '.1 "
'(:;liaptt;r34: EDvlr~nment" Se~liiii34~~1: '::,.
'Chapter i 06: Zomn~: Secti;'~166i~2 J. I~duiui~1
Arens ", ...." ...;'~'. >>,l, '.~~
'I,
".,
,;'
e
APRIL 8, 2002
" '
Noise Pollution,.'
, ,
. , . '. ,I ,~ : . -
Nolse,p9Uution descrloo:< "'"
, ~:';' '. . 'I _, ,
.' 'm;l'eXC~Sive,nQise in the enviro,nmenl:'
, 'add~d ~ound to the en\~roiirnenlb~yond the naturatsourccs
, . '., ;" '. I " f '.' .
,NoiS~ pollu~(m ~~'~n~li,surf;dfour.wa)'s:
,'''. .'
,.jritensit)'.
.dutation, '. . ' : .
, . '
.frequenpy, and.. .
.frequency of duraiion '
." ;
Typical Noise.Level 'Compa,risol?-
110 '
100
80
. 60,/'
40,
20
o
'db.,
o Quiet r~~ ,CJRctTlgerator
. KflchC(lt.t.hau.\I. CaD III GarOORedlspo!U.J
.ClrcuJar,S.3W ' '. '., '
. Noi'm:d convCl'satlOll
_l.ml'D nurwcr
NOlseOrdmances '
,~ I
Noise 6rdiO'llnces were exanrll1cd li'omthe following
cities:" . . ..
i",
, .
h~~ $l~~nt,'
, B3yto~n
,TexJl8 (;ily.
.. Strifford ,.
,. Mor~:S!ringerit
"'" .
tlQll~"" ," '
p~aen8; ,
.fnondswood
Le;IgUe City
<.:.
..'"
I"
.,
1
NOISE ORDINANCE e
PRESENT ATION TO CITY COUNCIL
. ,'.- .
,..."'J...
,Residential Noise Le\refLlmits
70
60
SO
40
30
20
10
o
, I
'~I" .
Cl ".:tend "wOOd
'iI iL,!,s ton '
.,Le3gu~, aty ,
. Stafford
Dayllmedba
I'lght ~med~'
. " .
'r" 11"
, Exemptions
'"
:11':,'
'"
':"
",
I:,
v"....J
'1\.
. ~ " . ."', ',. " , ' '. .
Thef~llowiPg actionsare'typic~!IY acceptedind,b~empt"l1S ~ ','
violationsofthe'noiseordinanc~:"..' :,':':~~ '11~l: .~~'.
...,: "
';, sir~ns from emcrg.,.,cy
vehicles' ,
b 'sounds)roniemeJ1llCflCy'
repair work '
. noises ~ a lawfully ,
schedided stadium eveht,
.: WarniD8 signSial:rtsof
:'..:,' .;:;::r:r=?r ,,":, .'.
'. '.sOi:uxls.!fom aircraft;; , "
,~ilrOa,d, Hlx:b,opciratinB in
,:hi'~OW' ',' .
.~t.... I .' .:.. 1 ",',
.... \:. ",
"
Penalties
r . ki'
,
'j ,
500
4~
4l1!l
3~
300
1..~
,200
'l~
100
~
o
"I
1st oq-eme
2nd;o<<~lisi \
.";1
'or"'" '"
e
APRIL 8, 2002
.": Comrri~rci~l :r;Joise Le,vel Limits
70
(.0
~,'
"'~'
.c> 130,
20
10
,0
Day 'Ime dba
. .Exception~
riightllmc'd,""
:'I:
: rhe :(~lIoviing actionsl~ctiVities'are e~cci>tions to the noise
"/ or~ii1ance: . I ,"
'J.' .:'
'.'
.,ooundJ'from,opamde'or,
'. i)~iticipan~' ; " :., .
. .iwiSctfrort fircn'orks:Qisplny' :".
.mmdlo from .pe<llltors andloi " '
paxti~.llt ouy. outd!,or ~,'~:.
event, feJtjvn1~ or conc~rt .. " .
ip')I1!1orcd. COsparl.'BOfCd. or;
pemlitiod by the o;itY:,' "
" t'
",
'j;
. ,!lOisefl frOpl' confrttU>..1jqn wid.
mriint~h!mc~ 8Ctivitie~ ~~g.
mcCluimctll powered saw~ dr~
. ;router. grindci.lnWn or gnrdenw
",,01 (daytime hoa" onlY),
. noises ~orp8irconditimnng
unit
. . sounds: fro'm church belli or
churchchim';';,
",
:V\! e~kly Conipl~illt Calls
o
,,: W~.kly:'
l c .'ri~ndswood' .l~eagu~ Cf~ . P3sadc-.nu I
". i.,
2
NOISE ORDINANCE e
PRESENTATION TO CITY COUNCIL
Proposed Changes to City Codes
· EstabHsb Day-Time Hours
a.m. to 9,00 p.m.
. sh Ni .ime Hours
.to
Exceptions (cont)
· Church Bells or Chimes
. Mobile VendQrs (with permit from City)
e
APRIL 8, 2002
· Establish DbA L . ....
ish DbA Levels for C01llt11eicia:l
.:."-,', ';
· Constroction Activities
_, General Heavy Construction (during day-time
. not
Rei ws, grinders, lawn
- during day-time boutIi nOt ex<:eeding
85 DbA)
· Airport Activities
· Railroad Activities
Measming Noise
· Generally, mea t will take place
g the prQperty line where the noise is
RECEIVED.
will useSclUnd Level Meter with an
eighting Scale. Unit of measure will
be DbA.
3
NOISE ORDINANCE e
PRESENTATION TO CITY COUNCIL
e
APRIL 8, 2002
4
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DRAFT
CITY OF LA PORTE
BOARDS, COMMITTEES AND COMMISSIONS
CITY SECRETARY'S OFFICE
RECRUITMENT, APPOINTMENT, NOTIFICATION PROCESS
DATE
ALL BOARD, COMMITTEE AND COMMISSION MEMBERS EXPIRE ON
AUGUST 31sT OF EACH YEAR
~~ \\A~
J1.L; G. 'i ()If.~\\I" - ~
9~ ~ ~ 0 rJ#'
APRIL - Boards and commissi~andbook and application form is updated and
printed. A memorandum is sent to each department inquiring as to whether or not there ~ J ~
have been any attendance problems with members of a committee, board or commission. ~j f~ )
MA Y/JUNE - (Items involving Council will not be completed until new memt9J/ \ ~
have been elected in the General and Run-Off Elections) Current appointees e i' \y
their term in August are identified. The City Secretary will inform City Council 0
attendance problems of any committee, board or commission member.
SCHEDULE:
In addition, the City Secretary will forward to City Council all applications received by
citizens since the last appointment process.
Applications are sorted and a listing of all current and expiring members are sent to City
Council. Listing will indicate vacancies, applicants eligible for reappointment, single
member district appointments and appointments made by entire Council. Enabling
ordinances will also be forwarded to City Council as needed.
Information is shared with staff members serving as liaisons to a committee, board or
commission member.
Mayor and Council will provide City Secretary with direction on whether application
forms need to be sent to individuals or local civic groups, service organizations, library, ;,
etc. Applications must be returned to the City Secretary by the last day of June in order
for copies to be placed in the agenda packet for the July Workshop Meeting.
Each June the City secret~~~~ Mayor a Workshop Meeting needs to be
scheduled in July to review the upcoming expiring board members.
JUL Y - City Council holds workshop meeting in open session to discuss appointments of
new or reappointment of board members. Council packet will include applications on
file, applications for any proposed new members, a listing of any attendance problems
with existing board members and a list of expiring members. Council will provide City
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Secretary with direction on replacements or provide the name of any individuals the are
considering for appointment. (It td a tr t l\1 '" -' N:1 J. \.eA,\ f(.\-o ~Ji 0 1\
Current appointees whose terms eXPir1 August who are eligible to be reappointed are
contacted by City Council Members~i~g them if they wish to serve another term. If no
application is on file, they must complete one and provide it to the City Secretary's office
as soon as possible in order to be placed in the agenda packet for the July Workshop
Meeting.
City Council Members wishing to change a board member will contact the prospective
new member to ask them if they would like to serve. If the citizen agrees to serve, they
City Secretary will send them an application form if one is not already on file. In
addition, they will contact the existing member to inform them they are being replaced
and thank them for t served. If City Council Member is not able to handle
this process, they . I dir.>Ft the . Secr~tw to bandle.
j ( . (\.t i c.lDt. (\1 ~ ~If'
AUGUST - May: r ~ . .. te the appointment process at Council
Meetings. The C ty Secretary pro ides assistance as needed. Ordinance is adopted
appointing board embers.
The City Secretary shall send thank you letters to citizens completing service on boards.
Acknowledgement letters are sent to those citizens not selected asking them to apply
again next year.
Letters of appointment and reappointment are sent to appointees with appropriate
ordinance.
A new directory of City Council appointed boards, committees and commissions is .,u..b i ~h" t/
1ll'epared anci di~trn~\1lted throughout the City as soon as possible after the appointmen\
process is completed.
Applications are considered current for one year. Vacancies on boards are filled through
the year if they occur.
City Secretary contacts new members to offer advice r~arding conduct of meet\11gs and
parliamentary procedure. ~ ~.su -e.... h~ Bo D t. 1'0 A1 \ '(\~ tJ..I
h'\~ 8"'( 5 ·
(cea&. us prOL~J.tJ,.({ M /lo-r t/!PIftM.. rorrn.
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BOARDS AND COMMISSIONS
HANDBOOK
Exhibit A
To Ordinance No. 99-2319
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Dear Citizen:
I would like to thank you on behalf of the Citizens of La Porte for your willingness
to serve the City as an appointed member of a Board or Commission. Your commitment of time
and talent is a very important contribution to our community.
The work done by citizens who serve on Boards and Commissions is a vital part of
our city government. Board and Commission members assist the City Council in setting public
policy, implementing public policy and in communicating that policy to the community as a
whole.
In recognition of the important CIVIC commitment members of Boards and
Commissions have made, we have prepared this orientation handbook to assist members m
performing their duties.
It is our hope that your service to the City of La Porte will be both rewarding and
fulfilling. Again, thank you for your willingness to serve.
Sincerely,
Norman L. Malone
Mayor
CHAPTER I.
Section 1
Section 2
Section 3.
Section 4.
Section 5.
CHAPTER II.
Section 1.
Section 2.
Section 3.
Section 4.
CHAPTER III.
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
CHAPTER IV.
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
APPENDIX A
APPENDIX B
APPENDIX C
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TABLE OF CONTENTS
DEFINITIONS AND LEGAL LIABILITY
Page Number
Boards & Commissions Defined............................................. 1
Advisory Commission & Boards ............................................ 1
Decision Making Boards & Commissions.............................. 1
Separate Legal Entities............................................................ 2
Legal Liability of Members ..................................................... 2
BOARD AND COMMISSION
APPOINTMENT PROCESS
How Board & Commission Members are Appointed............. 3
Notice of Appointment ...........................................................3
Eligibility and Qualifications................................................... 3
Oath of Office .......................................................................... 4
RESPONSIBILITIES OF THE MEMBERS OF
BOARDS AND COMMISSIONS
Conflicts of Interest................................................................. 4
Open Meetings Act .................. ....... .... ........ ................. ............ 6
Open Records Act....................... ............................................. 7
Meeting Attendance................................................................. 8
Working with City Staff.......................................................... 8
Reporting to the City CounciL................................................ 8
MEETINGS
Role of the Chairman..... ...... ......................... ............... ....... ..... 9
The Agenda.............................................................................. 9
Robert's Rules of Order ........................................................... 9
Public Hearings........................................................................ 9
Quorum ............. ...................................................................... 10
Signing of the Minutes............... ........ ........ ......... ..... ............... 10
Description of Boards and Commission................................. 11
Boards and Commissions
Having Eligibility Requirements ........... .................. ........ ....... 13
Reference Table to Robert's Rules of Order........................... 15
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CITY OF LA PORTE
APPLICATION FOR CITY BOARDS / COMMISSIONS
NOTE:
As an applicant for a City Board or Commission, your name, address and phone number
may be available to the press and the public. You have the right to request the exclusion
of certain information from press and public access. All other information will remain
confidential. You will be contacted before any action is taken on your appointment.
Incumbents whose terms expire are automatically considered for reappointment, upon
request. A member who is absent for more than 25% of called meetings, for other than
medical reasons, will be subject to removal by City Council. Final decisions on
appointment and reappointment of members of Boards and Commissions rests with the
City Council. APPLICANT MUST BE A CITIZEN OF THE UNITED STATES; A
RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN
THE CITY OF LA PORTE. MEMBERS OF THE PLANNING AND ZONING
COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE CITY
COUNCIL DISTRICTS FROM WHICH THEY ARE APPOINTED.
Please type or print clearly
DATE:
Last
First
MI
Phone (H)
(W)
Name:
Address:
City:
State/Zip Code:
Are you a registered voter in the La Porte City limits?:
Y
or
N
Did you vote in the last City election?:
Y
or
N
Please indicate your preference by number. 1-2-3. etc.
ADVISORY BOARDS AND COMMISSIONS
Airport Advisory Board
Fire Code Review Committee
DECISION MAKING BOARDS AND COMMISSIONS
Planning and Zoning Commission
Zoning Board of Adjustment
Civil Service Commission
SEP ARA TE LEGAL ENTITIES
La Porte Area Water Authority
Other
I the undersigned am interested in serving on one of the above Boards / Commissions as
indicated.
Signature of Applicant
Date
Revised April 1999
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BACKGROUND
EDUCATION
INSTITUTION
CITY AND STATE
DATE LAST ATTENDED
MAJOR
Professional Background:
Community Activities / Hobbies:
References: (include address and phone number)
1.
2.
3.
Additional Pertinent Information:
Goals / Objectives:
Attachments: YES NO
You are welcome to attach additional information, such as, resumes, letters, certifications, etc. that further describe
your professional and personal background.
Please return this form and any attachments to:
City of La Porte
City Secretary's Office
PO Box 1115
La Porte, Texas 77572-1115
Revised April 1999
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CHAPTER I
DEFINITIONS AND LEGAL LIABILITY
Section 1. Boards and Commissions DefiIied. The work done by citizens serving on Boards and
Commissions is a vital part of the work of La Porte City Government. La Porte has two types of
Boards and Commissions; ADVISORY AND DECISION-MAKING. Additionally, there are Boards
whose membership is appointed by the City Council that are separate legal entities. Appendix A
provides a general description of each type of Board and Commission.
The ordinances creating Boards often require Board Members to have expertise in a certain area.
Appendix B specifies the eligibility requirements for the Boards and Commissions that have their
membership defined by City Ordinance.
Section 2. Advisory Commissions and Boards advise the La Porte City Council on public
policy. They playa very important role in city government by providing the City Council with creative
ideas, feedback from the community, and by serving as a sounding board for proposed public policy.
It is important to remember that the role of Advisory Commissions is not to set public policy but to
advise the City Council.
ADVISORY BOARDS AND COMMISSIONS
Name
Mem hers
Term (ye::lrs)
Expiring
Memhers per ye::lr
Airport Advisory Board
7 Regular
2 Advisory
9 Members
3 years
3 years
2 years
2
Fire Code Review Committee
3
Section 3 Decision-Making Boards and Commissions are "quasi-judicial" and are governed by
state law. Decision Making Boards set or enforce public policy and are potentially subject to review
by the courts. Decision-Making Boards also advise the City Council on public policy. Members
serving on Decision-Making Boards should take an oath of office and are subject to the open meeting,
open records, and ethics laws.
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DECISION MAKING BOARDS AND COMMISSIONS
Name
M em hers
Terms (ye::lrs)
Expiring
Memhers per ye::lr
3
2
2
1
Civil Service Commission
7 Members
5 Regular
2 Alternates
3 Regular
3 years
2 years
2 years
3 years
Planning & Zoning Commission
Zoning Board of Adjustment
Section 4 Separate Legal Entities. There are some Boards and Commissions that are separate
entities, corporations, or political bodies from the City, although the City Council may appoint the
membership to these Boards and Commissions. They are usually established under the provisions of a
state statute that will set forth the functions, duties, responsibilities, and limitations of the corporation
or political body.
The Boards and Commissions that are separate entities from the, City, but whose memberships are
appointed by the City Council are listed below:
Name
Memhers
Terms (ye::lrs)
Expiring
Nllmher per ye::lr
La Porte Area Water Authority
5
2 years
2
The members appointed to these Boards and Commissions oversee the operation of an organization as
a Board of Directors would a corporation. The City of La Porte has no or little authority over the
members except for their appointment; and, therefore, the City has limited liability for their actions.
Board members will find that the organization to which they have been appointed will provide much
of the information needed. The state statute establishing the organization, the articles of incorporation
and the bylaws of the organization will provide a great deal of information.
Section 5 Legal Liability. It is important to understand that the actions of members of the
various City Boards and Commissions can subject the City to liability and subject the Board or
Commission members to personal liability. Therefore, Board and Commission members are strongly
encouraged to consult with the City Attorney anytime they feel their actions, while serving on such
Board or Commission, may have some legal consequences. The law in this area is quite complex and
requires a thorough analysis of the law and facts pertaining to each particular situation.
As a general rule, quasi-judicial officers cannot be held personally liable for erroneous acts while
honestly exercising the judicial or quasi-judicial functions of their offices. The Board and
Commission members who render decisions are considered quasi-judicial officers. The problem with
stating such a general rule as a proposition of law is that there will always be exceptions to the general
rule. For example, if a court finds that a quasi-judicial officer performs certain functions in excess of
his/her authority and such functions were not performed under a good faith assumption that the officer
had the authority to act, then the officer will subject himself/herself to personal civil liability. If a
person is damaged by the excessive acts of a quasi-judicial officer, then that officer will have to pay
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damages to the person harmed. The aggrieved person can also seek other remedies such as an
injunction compelling the officer to perform or refrain from performing a particular act.
Officers of the City can also subject themselves, as well as the City, to liability if they perform their
functions in a manner that denies an individual any right that is secured to that individual by the
Constitution or a statute. An example of how this type of liability could arise is if a officer illegally
discriminates against an individual. A City and its officers, as a governmental entity, must treat all
individuals or groups equally or in the same manner unless there is a rational basis or a compelling
governmental interest to treat someone or some group differently. Therefore, officers of the City
should treat all individuals and groups in the same manner. If there is a question concerning whether
an individual or group can be treated differently, the City Attorney should be consulted. If an officer
illegally discriminates against an individual or group, that individual or group can seek monetary
damages from the City and the individual officer for a violation of his rights under the state and federal
civil rights statues.
When members of City Boards and Commissions are acting in good faith and within the bounds
allowed by the City ordinances and procedures and the state and federal law, the City will provide a
defense for such members to the greatest extent permissible. However, if a Board or Commission
member violates a criminal law while serving in his/her official capacity, the City generally will not
provide that member a defense. The reason for this is that if a criminal law was violated, the Board or
Commission member was probably acting outside the bounds of his authority.
The above discussion is by no means intended to be comprehensive and complete discussion of legal
liabilities to which the City or the Board or Commission member may be subjected. You are reminded
that the City Attorney is available to the City Boards and Commissions and should be consulted on
such questions.
CHAPTER II
BOARD AND COMMISSION APPOINTMENT PROCESS
Section 1 How Board and Commission Members are Appointed The La Porte City Council
makes all of the appointments to the La Porte's Boards and Commissions with exception of the Civil
Service Commission. The Civil Service Commission is appointed by the City Manager and confirmed
by City Council. Citizens interested in being appointed are urged to obtain an application from the
City Secretary's Office at City Hall.
Section 2 Notice of Appointment. After the City Council appoints a person to serve as a
member of a Board or Commission, the City Secretary will notify the appointee, in writing of the
appointment.
Section 3 Eligibility and Qualifications. The La Porte City Council seeks out the best-qualified
citizens to serve on Boards and Commissions. The qualifications required to serve on a particular
Board or Commission are determined by La Porte City Ordinance or by the State statute establishing
the Board or Commission.
Many of the Boards and Commissions do not have specific eligibility requirements beyond residency,
leaving the membership qualifications to the discretion of the La Porte City Council.
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Appointments to Boards and Commissions having eligibility requirements must be made in
accordance with the governing City ordinance or State statute. APPENDIX B lists all of the Boards
and Commissions having eligibility requirements and details those requirements. Board and
Commissions members must continue to meet eligibility requirements during the entire time that they
serve on the Board or Commission.
Section 4 Oath of Office. An oath of office should be administered to all members of Decision-
Making Boards and Commissions and if appropriate to all members of Advisory Boards and
Commissions. The oath of office can be administered by the City Secretary or a Notary Public for the
State of Texas. A Statement of Appointed Officer Form must be completed and filed in the Secretary
of State Office before oath administered. The necessary forms are made available in the City
Secretary's Office in City Hall.
La Porte's Oath of Office
"I, do solemnly swear (or affirm), that I will faithfully execute the duties of the
office of of the City of La Porte, State of Texas, and will to the best of my ability
preserve, protect and defend the constitution and laws of the United States and of this State and the
Charter and ordinances of this city; and I furthermore solemnly swear (or affirm) that I have not
directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or
promised any public office or employment, as a reward to secure my appointment or the confirmation
thereof. So Help Me God."
CHAPTER III
RESPONSIBILITIES OF THE MEMBERS OF BOARDS AND COMMISSIONS
Section 1 Conflicts of Interest. The Texas Conflicts of Interest Law, V.T.C.A., and Local
Government Code Section 171.001 et seq., aimed at local officials' CONFLICT OF INTEREST was
passed in 1983. Under the measure, if a local official (or his/her close relative) stands to gain a
financial benefit from a matter pending before a public agency upon which the official serves, the
person must publicly disclose his/her interest in such matters and then abstain from voting on it.
The Texas Conflicts of Interest Law pertains ONL Y to the DECISION-MAKING BOARDS
IDENTIFIED IN "CHAPTER I" OF THIS MANUAL.
1.1 Definitions
a. "Local public official" means a member of the governing body or another officer,
whether elected, appointed, paid or unpaid, of any district (including a school district), county,
municipality, precinct, central appraisal district, transit authority or district, or other local
government entity who exercises responsibilities beyond those that are advisory in nature. (Note:
Persons who exercise "responsibilities beyond those that are advisory in nature" would include, for
example, the members of the Planning and Zoning Commission or the Zoning Board of
Adjustments.
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b. "Business entity" means a sole proprietorship, partnership, firm, corporation, holding
company, joint-stock company, receivership, trust, or any other entity recognized by law.
1.2 Substantial Interest in Business Entity
a. For purposes of this chapter, a person has a substantial interest in a business entity if:
(1) the interest ownership often percent or more of the voting stock or shares of
the business entity or ownership of $2,500 or more of the fair market value of
the business entity: or
(2) funds received by the person from the business entity exceed ten percent of
the person's gross income for the previous year.
b. A person has a substantial interest in real property if the interest is an equitable or
legal ownership with a fair market value of $2,500 or more.
c. A local public official is considered to have a substantial interest under this section if
a person related to the official within the second degree by consanguinity of affinity
has a substantial interest under this section.
1.3 Prohibited Acts; Penalty
a. Except as provided by Section 171.005 or 171.006, a local public official commits an
offense if the official knowingly:
(1) participates in a vote or decision on a matter involving a business entity in
which the official has a substantial interest if it is reasonably foreseeable that an
action on the matter would confer an economic benefit on the business entity:
or
(2) acts a surety for a business entity that has work, business, or a contract with the
governmental entity; or
acts as surety on any official bond requirement of an officer of the governmental entity.
b. An offense under this section is a Class A misdemeanor.
1.4 Affidavit Required
a. If a local public official has a substantial interest in a business entity that would be
peculiarly affected by an official action taken by the governing body, the official shall file,
before a vote or decision on the matter, an affidavit stating the nature and extent of the interest
and shall abstain from further participation in the matter.
b. The affidavit must be filed with the official record keeper of the governmental entity.
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1.5 Contract Authorized
The governing body of a governmental entity may contract for the purchase of services or personal
property with a business entity in which a member of the governing, body has a substantial interest
if the business entity is the only business entity that:
a. provides the needed service or product within the jurisdiction of the government entity;
b. bids on the contract.
1.6 Voting on Budget
a. The governing body of a governmental entity shall take a separate vote on any budget
item specifically dedicated to a contract with a business entity in which a member of the
governing body has a substantial interest.
b. The affected member may not participate in the separate vote, but may vote on a final
budget if:
(1) The member has complied with this chapter; and
(2) The matter in which the member is concerned has been resolved.
1.7 No Limitation on Common Law Remedies
a. The penalties and remedies provided by this chapter does not limit common law
remedies in tort, contract, or equity, including a suit for damages, injunction, or
mandamus.
b. The finding by a court of a violation under this chapter does not render an action of the
governing body void unless the measure that was the subject of a action involving a
conflict of interest would not have passed tile governing body without the vote of the
person who violated the chapter.
Section 2. Open Meetings Act. Texas Government Code, Chapter 551 is commonly referred to
as the TEXAS OPEN MEETING ACT. This article generally requires that every meeting of a
governmental body be open to the public and enumerates some exceptions to the requirement.
2.1 "Meeting" means a deliberation between a quorum of a governmental body, or between a
quorum of a governmental 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 take formal action.
2.2 "Governmental Body" means every City Council in the State, and every deliberative body
having rule making or quasi-judicial power and classified as a department, agency, or political
subdivision of a city.
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2.3 "Deliberation" means a verbal exchange during a meeting between a quorum of a
governmental body, or between a quorum of a governmental body and another person, concerning an
issue within the jurisdiction of the governmental body or any public business.
2.4 A Posted Notice is required of a meeting of a City governmental body. Written notice of the
date, hour, place, and subject of each meeting must be posted on a public bulletin board, located at a
place convenient to the public in the City Hall for at least 72 hours preceding the scheduled time of the
meeting. Only those matters posted can be discussed and acted on by the governmental body.
2.5 Minutes are required to be prepared or a tape recording made of each open meeting.
2.6 Closed Meetings. The Texas Open Meetings Act, does allow for closed or executive meetings
on a few limited subjects. Closed meetings are allowed to discuss pending litigation, certain personnel
matters, and the lease or acquisition of land. However, before a closed meeting can be held, a quorum
of the governmental body must convene in an open meeting and the presiding officer publicly
announce that a closed meeting will be held and identify the sections of the Open Meeting Act
authorizing the closed meeting. No final action, decision, or vote can be made in a closed meeting.
All final actions, decisions, and votes must be made in open meetings. Further, the governmental body
is required to keep a certified agenda of the matters discussed in the closed meeting and a record of any
further action taken. The presiding officer must include an announcement at the beginning and end of
the closed meeting indicating the time and place, and must certify that the agenda is a true and correct
record of the proceedings. In lieu of maintaining a certified agenda, a tape recording of the closed
meeting may be made. It is a misdemeanor offense to participate in a closed meeting where a certified
agenda or tape recording is not kept. It is also a misdemeanor offense for any individual to make
public such certified agenda or tape recordings unless directed by a court order. These certified
agendas or tape recording must be preserved for at least two years.
2.7 Penalties. A fine of not less than $100 not more than $500 or imprisonment in the County jail
for not less than one month nor more than six months, or both fine and imprisonment, can be imposed
for violating the provisions of the Open Meetings Act or conspiring to circumvent the provisions of the
Open Meetings Act by meeting in number less than a quorum for the purposes of secret deliberations.
Section 3 Open Records Act. Texas Government Code, Chapter 552 is commonly referred to as
the TEXAS OPEN RECORDS ACT.
3.1 The Open Records Act applies to virtually all local and state governmental bodies, "private"
entities that are supported by or that expend public funds and/or information held by "private" entities
in the constructive possession of governmental bodies.
3.2 All information held by a governmental body must be released unless the information falls
within one of the acts specific exceptions to disclosure.
3.3 Virtually all information in the physical possession of a governmental body is subject to the
act.
3.4 Penalties. A fine of not less than $25 or more than $4,000 or confinement County jail for not
less than three days or more than three months, or both fme and confinement, can be imposed for
violating the provisions of the Open Records Act.
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3.5 A request for information that is received by a Board or Commission under the Open Records
Act, should immediately file the written request to both the City Attorney and City Manager. The act
requires that a Governmental body must request a decision from the Attorney General, within ten (10)
calendar days after the date of receipt of request, prior to withholding information.
Section 4 Meeting Attendance. A member of a Board or Commission that has a regular
monthly or semi-monthly meeting shall be expected to maintain a suitable attendance record. It is
important to keep in mind that your attendance is very important to the Board or Commission you are
serving on and that the City Council appointed you for your expertise. Certain Boards and
Commissions may have attendance policies established by Ordinance or Statute. However, because
your attendance is important, the City Council has also adopted the following attendance policy: If a
board member is absent from more than twenty-five percent (25%) of the duly called meetings in any
period of twelve consecutive months or absent from more than two (2) duly called meetings in any
period of twelve consecutive months, whichever is greater, for any reason, other than a medical reason
which prevents the member's attendance, will be subject to removal by City Council. The term "duly
called meetings" includes all meetings of the board and all meetings of subcommittees of the board on
which the board member serves. The Secretary of the Board or Commission is responsible for keeping
track of the members' attendance. The Secretary shall provide the La Porte's City Council, through the
City Secretary's Office, with a quarterly attendance report.
Section 5 Working with City Staff. Each Board or Commission member is encouraged to
communicate openly with the City Staff. Suggestions, opportunities, and constructive criticism are
necessary for a proper relationship with the staff. However, each Board or Commission member is
strongly encouraged to communicate with the appropriate department director assigned to that Board
or Commission or with the City Manager's Office. Contact with operational type people or
individuals below the department director level is discouraged. The Director of Planning working with
the Planning and Zoning Commission members and the Director of Public works communicating with
the Airport Advisory Board are examples of these relationships.
Section 6 Reporting to the City Council. The council is highly dependent on each Board and
Commission to make recommendations and offer possible solutions to City projects and opportunities.
All Boards and commissions are encouraged to communicate the position of the total or majority of
the group. Such communication or recommendations should be in a formal or written form. Of
course, each Board or Commission member may from time-to-time want to visit informally with a
Council member. This one-on-one informal communication is necessary, but, to protect the integrity
of the organization, the complete Council should be addressed in terms of the majority of the members
of the Board or Commission.
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Section 1
the group.
CHAPTER IV
MEETINGS
Role of the Chairman. The function of the chairman is to provide leadership to
He/She has certain duties and responsibilities that must be performed.
1.1
Insure that the meeting is conducted in accordance with established rules.
1.2
Maintain order and bring the group to a conclusion on the matters before it.
Section 2 The Agenda. The agenda should always be prepared ahead of time and copies
given to all Board or Commission members ahead of time if possible. If non-members attend
the meeting, they should also be provided with an agenda.
The agenda should be prepared by the department director or staff person assigned to the
Board or Commission. All Boards and Commissions are subject to the Open Meetings Act
and their agenda must be properly posted in a public place, at least 72 hours prior to the
meeting.
Generally, the fIrst order of business on the agenda is the reading, correcting and passing of the
minutes from the last meeting. Next are matters properly listed on the agenda, followed by
reports from staff or committees.
Section 3 Robert's Rules of Order. Meetings of Boards and Commissions are generally
conducted under standard parliamentary rules as outlined in Robert's Rules of Order.
APPENDIX C contains a quick reference chart for frequently used Robert's Rules of Order.
Section 4 Public Hearings are open forums that allow the public an opportunity to
express their opinion on a specifIc issue related to the City of La Porte. Public Hearings are
generally conducted in the following manner;
4.1 The Chairman of the Board or Commission formally opens the Public Hearing.
4.2 Proponents (those in favor) of measure speak first.
4.3 Opponents (those against) speak second.
4.4 After hearing all who wish to comment on the issue, the proponents are allowed
to give a rebuttal and summarize their position, and then the Chairman formally closes the
Public Hearing.
4.5 Members of the Board or Commission may ask questions at anytime, of any
witness. Board or Commission members are encouraged to ask questions even after the
hearing is closed. After the Public Hearing is closed, members of the public may speak
ONL Y in answer to a question asked by a member of the Board or Commission.
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4.6 If a Public Hearing drew a large number of interested Citizens, a time limit for
individual speakers may be set by the Board or Commission before the Public Hearing.
4.7 The Chairman may use his/her judgement about how strictly this format is followed.
Section 5 Quorum. A quorum is the minimum number of members needed to officially
conduct business. The quorum is generally established by the ordinance, resolution, or other
document that establishes the Board or Commission. Where no statement on the quorum number
exists the quorum is the majority of the members.
Section 6 Signing the Minutes for the Meeting. The Minutes of Decision-Making Boards
and Commissions MUST be signed by either the Chairman and/or the Secretary once the Minutes
are approved by the members of the Board or Commission.
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APPENDIX A
DESCRIPTION OF BOARDS AND COMMISSIONS
ADVISORY HOARDS AND COMMISSIONS
Airport Advisory Board - The Airport Advisory Board advises the City Council on matters relating
to the most desirable and efficient operation of the City Municipal Airport. The Airport Advisory
Board shall review, from time to time, the City Airport Master Plan, and recommend updating or
revisions to such Airport Master Plan. The Board may also make recommendations on such matters
as rules and regulations for operations at the Municipal Airport, and for any needed improvements
to the facilities at the airport, including such matters as navigational aids, ordinances, zoning
requests, height restrictions, development, as well as any other improvements which the board feels
would enhance the utility of the City Municipal Airport.
Fire Code Review Committee - The Fire Code Review Committee considers variances, interprets
the provisions of the fire code, recommends changes in the fire code and hears appeals from
decisions of the Fire Chief or Fire Marshal.
DRSCISION MAKING BOARDS AND COMMISSIONS
Planning & Zoning Commission - The Planning and Zoning Commission reviews studies made by
City staff or other professionals which project plans for the improvements of the City, with a view
toward its future development and extension, and to recommend to the City Council matters for the
development and advancement of the City's facilities, layout and appearance. And to perform duties
imposed on the Planning and Zoning Commission by the statutes of the State which include;
Approval of plats, or replats of additions within the City limits, or within the extraterritorial
jurisdiction ofthe City.
Recommendations to Council regarding the location of zoning districts and restrictions
therein.
Hearing requests for proposed changes in zoning classification filed by any interested party.
The Planning and Zoning Commission also conducts reviews of the City's Comprehensive Plan and
recommends the location and extent ofthe Plan's projected needs including but not limited to:
Land Use Plan Beautification and Conservation Plan
Thoroughfare Plan Public Safety Plan
Utilities Systems Community Facilities Plan
Open Space / Pedestrian System Plan Capital Improvement Program
Zoning Board of Adjustment - The Board of Adjustment shall hear and decide appeals to any order,
requirement, decision or determination made by the Building Official related to the Zoning
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Ordinance. The Board also hears and decides on special exceptions and variances as long as their
action is not contrary to public interest and is within the guidelines established by State Law and the
City's Zoning Ordinance. The Board shall also conduct public hearings and render decisions
regarding the Zoning Ordinance's provisions for non-conforming structures and uses.
Civil Service. Commission - The Civil Service Commission was established in 1981,when the
citizens voted to adopt the State's Municipal Civil Service Law, as it applies to sworn police
officers. In compliance with State Law, the Commission has adopted rules relating to the
appointments and the promotions of sworn police officers. Furthermore, the Civil Service
Commission conducts investigations and hearings related to police officers appeals of disciplinary
actions.
SRP A R A TR T ,F,C; AT, RNTTTTF,S
La Porte Area Water Authority - The La Porte Area Water Authority was created in 1981 by the
State Legislature. The legislation granted the Authority rights and powers related to acquisition of
water supplies and the collection / treatment of wastes. The early mission of the Authority was to
secure surface water supplies and provide for the delivery of this surface water to entities
contracting with the Authority. The Authority may purchase, construct, lease or otherwise acquire
property and facilities relating to their mission. They may contract with persons, corporations,
municipal corporations, and political subdivisions of the State with the approval of the City Council.
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APPENDIX B
BOARDS AND COMMISSIONS HAVING ELIGIBILITY REQUIREMENTS
Airport Advisory Board
Members shall be:
Position 1 - Shall be a Fixed Base Operator lessee at the City Municipal Airport.
Position 2 - Shall be a member of the Aeronautical Department at San Jacinto College.
Position 3 - Shall be a licensed pilot active at the City Municipal Airport.
Position 4 - Shall be a licensed pilot who is a resident of La Porte and active at the City Municipal
Airport.
Position 5 - Shall be a resident of the City.
Position 6 - Shall be a resident of the City.
Position 7 - Shall be the City Airport Manager.
In addition, there are 2 Advisory Members:
A representative of the FAA
A representative of the airline or commuter airline industry.
Planning & Zoning Commission
The City Planning and Zoning Commission shall consist of seven members who are resident
citizens and qualified voters of the City. Furthermore, the Planning and Zoning Commission shall
consist of a member from each of the six council districts, and a chairman. The term of the six
members from the six council districts shall coincide with the term of office of the Councilperson
for said district. The term of office for the chairman shall coincide with the term of office of the
Mayor. Each member who is appointed from a district shall be a resident of the district from which
he is appointed at the time of his appointment and continuously throughout his tenure in office.
Zoning Board of Adjustment
The 5 members and 2 alternates shall be citizens of the City of La Porte and who are not members
of the City Councilor the Planning and Zoning Commission, each to be appointed by the City
Council.
Civil Service Commission
A person appointed to the Commission must:
1. Be of good moral character
2. Be a United States Citizen
3. Be a resident ofthe municipality who has resided in the municipality for more than three
years.
4. Be over 25 years of age; and
5. Not have held a public office within the preceding three years.
La Porte Area Water Authority
Powers of the authority shall be exercised by a board of five directors, none of who shall be a
member of the City Council of the City of La Porte during his term
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Fire Code Review Committee -
The Fire Code Review Committee consists of9 voting members and 3 ex-officio members. Each
member of the City Council shall appoint one person. Said members shall reside in the City of La
Porte. The Mayor and At-Large Councilpersons shall each appoint 1 member, said member shall
reside in La Porte. The 3 ex-officio members shall be the Fire Chief, or his duly authorized
representative, the Fire Marshal, or his duly authorized representative, and the Chief Building
Official, or his duly authorized representative. All nominations are subject to confirmation by a
majority of the City Council.
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APPENDIX C
Robert's Rules of Order Relating to Motions
MOTION UJ
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Adjourn No Yes No No Yes Yes Yes
AdopUAccept a Report Yes Yes Yes Yes Yes Yes Yes
Adopt constitutions, By-laws, and Rules of Order Yes Yes Yes 1 Yes Yes Yes
Adopt Standing Rules Yes Yes Yes Yes Yes Yes Yes
Amend 2 Yes Yes Yes Yes Yes Yes
Amend an Amendment 2 Yes No Yes Yes Yes Yes
Amend Constitution, By-laws, and Rules of Order Yes Yes Yes 1 3 Yes Yes
Amend Standing Rules Yes Yes Yes Yes 4 Yes Yes
Appeal (excluding Indecorum) Yes Yes No Yes Yes Yes No
Debate, to Close, Limit or Extend No Yes Yes Yes No Yes Yes
Division of Assemble No Yes No No Yes No No
Division of Question No Yes Yes No Yes 5 5
Fix the Time to Adjourn 6 Yes Yes Yes Yes Yes Yes
Informal Consideration of Question Yes Yes No 1 Yes Yes Yes
Lay on the Table No Yes Yes No Yes Yes Yes
Main Motion or Question Yes Yes Yes Yes Yes Yes Yes
Nomination, to Make Yes Yes No No Yes No Yes
Nominations, to Close No Yes Yes No No Yes Yes
Nomination, to Re-open No Yes Yes 1 Yes Yes Yes
Objection to Consideration of a Question No Yes No 1 7 No No
1
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Robert's Rules of Order Relating to Motions
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Order, Question of No Yes No No Yes No No
Order, to Make a Special Yes Yes Yes Yes No Yes Yes
Orders of the Day, to Call for No Yes No No Yes No No
Parliamentary Inquire No Yes No No Yes No No
Postpone Definitely (to Certain Time) Yes Yes Yes Yes Yes Yes Yes
Postpone Indefinitely Yes No No 8 Yes Yes Yes
Previous Question No Yes No 9 No Yes Yes
Privilege, to Raise Question of No Yes No No Yes No No
Recess, to Take a 6 Yes Yes No Yes Yes Yes
Reconsider 2 10 No No Yes Yes Yes
Substitute (same as Amend) Yes Yes Yes Yes Yes Yes Yes
Suspend the Rules No Yes No No No Yes Yes
Take from the Table No Yes No No Yes Yes Yes
Withdraw No Yes No 1 Yes No Yes
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FOOTNOTES TO TABLE OF ROBERT'S RULES OF ORDER
1. An affirmative vote on this motion cannot be reconsidered.
2. Undebatable when the motion to be amended, reconsidered, or rescinded is undebatable.
3. Constitutions, By -Laws, and Rules of Order before adoption are in every respect main motions
and may be amended by majority vote. After adoption they require prior notice and 2/3 vote
for amendment.
4. Standing Rules may be amended at any time by a majority vote if previous notice has been
given, or by a 2/3 vote without notice.
5. If resolutions or propositions relate to different subjects which are independent of each other,
they must be divided on the request of a single member, which may be made when another has
the floor. If they relate to the same subject and yet each part can stand alone, they may be
divided only on a regular motion and vote.
6. Undebatable if made when another question is before the assembly.
7. The objection can be made only when the question is first introduced, before debate. A
2/3 vote must be opposed to the consideration in order to sustain the objection.
8. Negative vote on this motion cannot be reconsidered.
9. Cannot be reconsidered after a vote has been taken under it.
10. Opens to debate main question when latter is debatable.
3
City
April
Council Meeting
8,2002
Natural Event
Tornado on March 30, 2002
Damage Assessment Report
The City, with assistance from the Red Cross,
provided a location at Evelyn Kennedy Civic Center
for shelter to starn1 victims.
City employees were deployed to the site within
minutes after the storm passed through. Crews
worked until 4:30 a.nl. the following morning.
There were no serious Injur
storm
es as a
resu
t
of the
The tornado had vvlnd pe of "1 "1"157
The tornado caused considerable damage
The tornado was
the Fujita Scale.
11
rated F2. a significant tornado, on
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Summary
March 30 - Tornado hit La Porte In
Broadway and McCat)e Road
the vicinity of
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56 locations had starn-l danla(Jt:~
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4 apartment cornph~xes
1 billboard
49 residential sites
2 commercial sites
The total damage is estimated to be approximately
$956,000
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Damage Assessment
Jack's Grocery
1/3 of the building was demolished
Contents loss is unknown
Estimated $500,OC)O in (jarrl ~JE3
Non-conforming billboard
Destroyed
Estimated $15,000
Abandoned gas station site @ South
Broadway/Bayside Drive
Damage to 50' 58 Ic)r) f
Estimated $300
------------,
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Rush Oaks Apartments
Roof, garage, and carport damage
Estirllated $200,000 in damages
Windsail Bay Apartments
Minor damage to exterior wall
Estimated $500 in damages
Bayside Oaks Al)artments
Damage to roof, wall, and carport
Estimated $2,500 in damages
Township Townhomes
Damage to 2 garage doors
Estimated $2,400 in damages
A nlajority of the residentia ()(~atiOtlS had
damage to roofs and fences.
Fences running north and south were severely
damaged
Fences running east and west received minor
damage
Roof damage ranged from minor to major.
Estimated $25,000 in fence damages
Estimated $200,000 in roof/vv I (j rr18
Residential Fire Damage
Fire damage from lightening
Contents loss is unkno\l\In
Estimated $10,000 n damages
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Progress
-rhe City has collectE~cJ '"1,2E.39 CUbi(~ rcis f brust,
and debris (520 cubic yards of brush and 749 cubic
yards of debris)
This is equivalent to 2 months of heavy trash
collection for Zone 2 which is located i OlJtl')E: t
La Porte.
Commend the La Porte Fire Departn1ent, Police
[)epartment, EMS, Public Wc>ri<s, C~i ~ Bull i
Inspectors, and the Red CrcJss for th II" h vv r
Consider waiving fees associated with permits
needed to rebuild the damaged property