HomeMy WebLinkAbout2002-11-11 Regular Meeting and Workshop Meetingr-
MINUTES OF THE REGULAR MEETING AND
WORKSHOP MEETING OF LA PORTE CITY COUNCIL
NOVEMBER 11, 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 Mike Mosteit, Chuck Engelken, Howard
Ebow, Peter Griffiths, Bruce Meismer, James Warren, Charlie Young, Barry Beasley and
Norman Malone
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: Assistant City Attorney
Clark Askins, Acting City Manager John Joerns, City .Secretary Martha Gillett, Human
Resources Specialist Kendra Williams, Human Resources Office Assistant Cindy Gates,
Director of Administrative Services Carol Buttler, Public Works Director Steve Gillett,
Emergency Services Director Joe Sease, Human Resources Lorie Doughty and Police Chief
Richard Reff
Others Present: Krystle Clement, Ray Myers, Dave Turnquist, Nick Barrera, Rachel
Henderson, Jessica Holliday, A. J. France, Kathleen S. France, Jonathan Gonzalez, Kellie
Cornelius, Mike Barnett, Monica Barnett, Valerie Owens, Damaris Contreras, David
McCorquodale, Jessica Banks and a number of citizens.
2. Reverend Mary Harris of Glory Ministries delivered the invocation.
3. Mayor Norman Malone led the Pledge of Allegiance.
4. Council considered approving the Minutes of the Special Called Meeting of La Porte City
Council on October 25, 2002 and the Minutes of the Regular Meeting and Workshop
Meeting of La Porte City Council held on October 28, 2002.
Motion was made by Councilperson Warren to approve the minutes of the Special Called
Meeting on October 25 2002 and minutes of the Regular Meeting and Workshop Meeting
on October 28, 2002. Second by Councilperson Ebow. The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone
Nays: None
Abstain: None
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPAYTERS WISHING TO ADDRESS CITY COUNCIL
There were no petitions, remonstrances, communications, and citizens and taxpayers
wishing to address City Council.
City Council Meeting — November 11, 2002 — Page 2
6. Council to consider approval or other action regarding an ordinance amending Ordinance
1875, an ordinance authorizing and allowing, under the act governing the Texas Municipal
Retirement System "Updated Service Credits".
Director of Administrative Services Carol Buttler presented summary and recommendation
of an ordinance and answered Council's questions.
Assistant City Attorney read: ORDINANCE 1875-I - AN ORDINANCE AMENDING
ORDINANCE 1875, AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER
THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM,
"UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY
QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE
EMPLOYMENT OF THE CITY OF LA PORTE; PROVIDING FOR INCREASED
ANNUITIES FOR RETIREES OF THE CITY OF LA PORTE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilperson Warren to approve Ordinance 1875-I as presented by
Mrs. Buttler. Second by Councilperson Griffiths. The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone
Nays: None
Abstain: None
7. Council to consider awarding a bid for the purchase of 155,000 pounds of Plastic Garbage
Bags to Dyna-Pak Corporation, low bidder meeting specifications.
Director of Public Works Steve Gillett presented summary and recommendation and
answered Council's questions.
Motion was made by Councilperson Ebow to approve the bid as presented by Mr. Gillett.
Second by Councilperson Griffiths. The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone
Nays: None
Abstain: None
8. Workshop was called to order by Mayor Malone at 6:20 p.m.
a. Mr. David Pomeroy, Jr. provided City Council with an overview of the proposal by the
San Jacinto Tourism Council in their efforts to promote tourism in this part of Harris
County.
b. Director of Public Works Steve Gillett discussed solid waste regulations and provided
City Council with an overview. Mr. Gillett recommended several options on the
enforcement of the solid waste ordinance. The recommendation was to monitor one
zone per cycle.
City Council Meeting — November 11, 2002 — Page 3
c. Council discussed the Travel Policy Ordinance.
9. Closed Workshop and reconvened Regular Meeting at 9:25 p.m.
10. Administrative Reports
Acting City Manager reminded Council of the Salute to Industry Banquet on November 14,
2002, at Sylvan Beach Pavilion.
11. Council Comments
Councilmembers Mosteit, Ebow, Engelken, Griffiths, Beasley, Warren, Young, Meismer
and Mayor had comments.
12. EXECUTIVE SESSION — PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS GOVERNMENT
CODE, (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING
REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OF
DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION
OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION
REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS).
Council retired into Executive Session at 9:40 p.m.
Council reconvened the Council Meeting at 10:55 p.m.
13. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
There was no action taken during Executive Session.
14. Council considered authorizing acquisition of a tract of land for a Police Station Site.
Acting City Manager presented summary and recommendation of a resolution and answered
Council's questions.
Mayor Malone read: RESOLUTION 2002-38 — A RESOLUTION AUTHORIZING THE
ACQUISITION OF A TRACT OF LAND FOR A POLICE STATION SITE IN THE CITY
OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Beasley to gpnrove Resolution 2002-38 as presented by
Mr. Joems. Second by Councilperson Warren. The motion carried.
Ayes: Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, Meismer and Malone
Nays: None
Abstain: None
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City Council Meeting — November 11, 2002 — Page 4
15. There being no further business to come before Council, the Regular Meeting and
Workshop Meeting was duly adjourned at 10:56 p.m.
Respectfully submitted,
Ma ha illett
City Secretary
Passed and approved on thi 18th day of November 2002.
Norman Malone, Mayor
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Re ted: 11-11-2002
Requested By: r 1 ButtlerlLorie Dough4
Department: Adm. Services/Human Resources
Report: Resolution: Ordinance: X
Exhibits: Ordinance
Exhibits: TMRS Supporting Documentation
Exhibits:
Appropriation
Source of Funds: Various
Account Number: Various
Amount Budgeted:
Amount Requested:
Budgeted Item: 6D NO
SUMMARY & RECOMMENDATION
The Texas Municipal Retirement System Act (TMRS) enables member cities to adopt Updated Service
Credits and Increased Annuities, providing cities the opportunity to upgrade retirement benefits for active
employees and for retirees who currently receive a monthly annuity from TMRS.
By adopting Updated Service Credits at 100% for the year 2003, Council allows a member's retirement
benefit to be recalculated based on the member's average monthly salary for the three (3) year period
ending December 31, 2001. The member's retirement benefit is "updated" to reflect higher wages that
were earned for those three (3) years.
By including Increased Annuities, Council allows an increase for monthly annuities paid to City of
La Porte retirees. The increased calculation is based on a maximum of 70% of the change in the
Consumer Price Index, less any previously granted increases.
This ordinance becomes effective January 1, 2003, and is non -repeating (in effect only for the year 2003).
Any future updates require adoption of a new ordinance prior to December 31" of each year. Adopting
this ordinance will increase the City's overall contributions from 11.41 % to 11.59% of estimated total
payroll ($20,000,00) for 2003, affecting current employees and retirees, (approximately 420).
For budgeting purposes, the City estimated the TMRS contribution rate for 2003, at the rate of 11.51 % of
estimated total payroll. If approved the additional cost to the estimated budget would be only .08%
($12,000.00).
Staff Recommendation
Approve an ordinance authorizing Updated Service Credits and Increased Annuities for 2003.
Action Required by Council:
Adopt an ordinance authorizing Updated Service Credits and Increased Annuities for 2003.
Approved for City Council Agenda
JoWrn ting City Manager
11 ZZ x
.7
Date
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 1875, AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER
THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN
SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO
PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LA PORTE; PROVIDING FOR INCREASED
ANNUITIES FOR RETIREES OF THE CITY OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
(a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle
G of Title 8, V.T.C.A., Government Code, as amended (hereinafter referred to as the "TMRS
Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the
"System") who has current service credit or prior service credit in the System in force and effect
on the 1 st day of January of the calendar year preceding such allowance, by reason of service in
the employment of the City, and on such date has at least 36 months of credited service with the
System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in
subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "base Updated
Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of
said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit,
prior service credit, special prior service credit, or antecedent service credit previously authorized
for part of the same service.
(b) On the terms and. conditions set out in Section 853.601 of said title, any member of
the System who is eligible for Updated Service Credits on the basis of service with this City, and
who has unforfeited credit for prior service and/or current service with another participating
municipality or municipalities by reason of previous service, and was a contributing member on
the 1st day of January of the calendar year preceding such allowance, shall be credited with
Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment
as set forth in said 853.601.
(c) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the
deposits required to be made to the System by employees of the several participating
departments on account of current service shall be calculated from and after the date aforesaid
on the full amount of such person's earnings as an employee of the City.
(a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, V.T.C.A.,
Government Code, as amended, the City hereby elects to allow and to provide for payment of
the increases below stated in monthly benefits payable by the System to retired employees and
to beneficiaries of deceased employees of this City under current service annuities and prior
service annuities arising from service by such employees to this City. An annuity increased
under this Section replaces any annuity or increased annuity previously granted to the same
person.
(b) The amount of annuity increase under this Section is computed as the sum of the
prior and current service annuities on the effective date of retirement of the person on whose
service the annuities are based, multiplied by ZO-01 of the percentage change in Consumer Price
Index for All Urban Consumers, from December of the year immediately preceding the effective
date of the person's retirement to the December that is 13 months before the effective date of
this ordinance.
ORDINANCE NO. 0100a1- IPJ---T
PAGE 2
. (c) An increase in an annuity that was reduced because of an option selection is reducible
in the same proportion and in the same manner that the original annuity was reduced.
(d) If a computation hereunder does not result in an increase in the amount of an annuity,
the amount of the annuity will not be changed hereby.
(e) The amount by which an increase under this Section exceeds all previously granted
increases to an annuitant is an obligation of this City and of its account in the municipality
accumulation fund of the System.
Section 3 The City Council 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 4_ Subject to approval by the Board of Trustees of Texas Municipal Retirement
System, the updated service credits and increases in retirement annuities granted hereby shall
be and become effective on the 1 st day of January 2003.
PASSED AND APPROVED, this the 11th day of November, 2002.
ATTEST:
�i
Martha Gillett
City Secretary
APPROVED:
S
Knox W. Askins
City Attorney
CITY OF LA PORTE
B
Norman L. Malone, Mayor
Vy�T` P t T
UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY
EXPLANATION OF PLANS
TMRS member cities have the opportunity to annually adopt Updated Service Credit and Annuity Increases;
improving retirement benefits for both active employees and retirees who are currently receiving a monthly
retirement benefit from the System.
Section I
If the City adopts 100% Updated Service Credit effective January 1, 2003, a member's updated service credit
will be calculated based on the member's average monthly salary for the three-year period of 1999, 2000 and
2001, assuming the member had always earned that average salary and made contributions to the System,
matched by the City on the basis of the three-year average salary, and had earned 3% annual interest. In
other words, a member's retirement .benefits are "updated" based 'on the wages earned in recent years
(granted a credit if the updated service credit calculation is greater than the actual amount from all sources in
the member's account). In addition, if the City has increased the employee deposit rate and/or the City's
matching ratio, the new updated service credit will reflect those changes. If the City adopts an Updated
Service Credit of less than 100%, the percentage adopted will be used in calculating the member's credit.
The "Proposed Plans" on the Updated Service Credit and Annuity Increase Study (Section 1) are prepared as
follows:
The first plan includes Updated Service Credit, along with the Senate Bill 505 provisions if
the City has not previously adopted these provisions. If your City has adopted the Annually
Repeating Updated Service Credit and Annuity Increases, this plan indicates the separate
cost of the update.
2. If your City has a matching ratio other than 2 to 1, or an employee deposit rate other than
7%, additional proposed plans will be shown with a higher matching ratio or a higher
employee deposit rate, as well as Updated Service Credit. These plans will also include the
optional provisions of Senate Bill 505 if the City has not previously adopted these provisions.
3. If your City requested any specific plans, these plans will also be shown.
Section II
The City also has the option to adopt increases in the monthly annuities being paid to retirees. Most cities
adopt annuity increases each year along with the Updated Service Credit. The increase that can be granted to
retirees is calculated based on a maximum of 70% of the change in the Consumer Price Index (CPI-U), less
any previously granted increases. The change in the CPI is measured from the December preceding the
individual's actual retirement date through December 2001. Proposed Plans "A" through "C" (Section II)
indicate the cost of the various levels of annuity increases. The rate shown under one of these proposed plans
must be added to the rate of a Proposed Plan in Section I to yield the City's total contribution rate.
The City can adopt Updated Service Credit and Annuity Increases by adoption of an ordinance each year, or
by adopting the annually repeating provision whereby the City is not required to adopt an ordinance each year.
By adopting Updated Service Credit and Annuity Increases regularly, the City will be providing a retirement
program that keeps benefits in line with increases in employees' salaries, in addition to protecting retirees'
monthly retirement annuities for the effects of inflation.
City of La Porte
Schedule of Pension Contribution
TMRS
Employee'sCOLP Total
Fiscal Year 2002 Gross Earnings Contribution Rate Contribution Rate Contribution Amount
Oct-01
1,071,370.90
11.95%
7.00%
203,024.79
Nov-01
1,655,747.50
11.95%
7.00%
313,764.15
Dec-01
1,075,391.28
11.95%
7.00%
203,786.65
Jan-02
1,139,863.22
11.51 %
7.00%
210,988.68
Feb-02
1,111,299.58
11.51 %
7.00%
205,701.55
Mar-02
1,072,766.66
11.51 %
7.00%
198,569.11
Apr-02
1,174, 744.63
11.51 %
7.00%
217,445.23
May-02
1,639,988.73
11.51 %
7.00%
303,561.91
Jun-02
1,119,765.40
11.51 %
7.00%
207,268.58
Jul-02
1,108,521.10
11.51 %
7.00%
205,187.26
Aug-02
1,099,650.08
11.51 %
7.00%
203,545.18
Sep-02
1,115,103.86
11.51 %
7.00%
206,405.57
Totals
14,384,212.94
2,679,248.66
Estiniate.:.,i -"Wltlix'U/dafed:;Cieaies}- '-. COLP Employee's Total
-1t.; ... �• .R•v=inn - .i:hk&v. ii�K'=:'
Fiscal Year 2003 Gross Earnings Contribution Rate Contribution Rate Contribution Amount
Oct-02
1,071,370.90
11.51 %
7.00%
198,310.75
Nov-02
1,655,741.50
11.51 %
7.00%
306,478.86
Dec-02
1,075,391.28
11.51 %
7.00%
199,054.93
Jan-03
1,139,863.22
11.59%
7.00%
211,900.57
Feb-03
1,111,299.58
11.59%
7.00%
206,590.59
Mar-03
1,072,766.66
11.59%
7.00%
199,427.32
Apr-03
1,174,744.63
11.59%
7.00%
218,385.03
May-03
1,639,988.73
11.59%
7.00%
304,873.90
Jun-03
1,119,765.40
11.59%
7.00%
208,164.39
Jul-03
1,108,521.10
11.59%
7.00%
206,074.07
Aug-03
1,099,650.08
11.59%
7.00%
204,424.95
Sep-03
1,115,103.86
11.59%
7.00%
207,297.81
Subtotal
14,384,212.94
2,670,983.17
+5% Payroll Increase
719,210.64
133,549.16
Total
15,103,423.58
2,804,532.33
• City of La Porte
Schedule of Pension Contribution
TMRS Page 2
COLP Employee's Total
-Estimate .•`' �tiiour `updated`credlts��� �•:;.;§�
Fiscal Year 2003 Gross Earnings Contribution Rate Contribution Rate Contribution Amount
Oct-02
1,071,370.90
11.51 %
7.00%
198,310.75
Nov-02
1,655,747.50
11.51 %
7.00%
306,478.86
Dec-02
1,075,391.28
11.51 %
7.00%
199,054.93
Jan-03
1,139,863.22
11.41 %
7.00%
209,848.82
Feb-03
1,111,299.58
11.41 %
7.00%
204,590.25
Mar-03
1,072,766.66
11.41 %
7.00%
197,496.34
Apr-03
1,174,744.63
11.41 %
7.00%
216,270.49
May-03
1,639,988.73
11.41 %
7.00%
301,921.93
Jun-03
1,119,765.40
11.41 %
7.00%
206,148.81
Jul-03
1,108,521.10
11.41 %
7.00%
204,078.73
Aug-03
1,099,650.08
11.41 %
7.00%
202,445.58
Sep-03
1,115,103.86
11.41 %
7.00%
205,290.62
Subtotal
14,384,212.94
2,651,936.11
+5% Payroll Increase
719,210.64
132,596.81
15,103,423.58
2,784,532.92
Adopting this ordinance would increase the City's contribution by approximately $20,000.00
Estimate with Updated Service Credits 2,804,532.33
Estimate without Updated Service Credits 2,784,532.92
Estimated difference 19,999.41
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 11 0 2
Requested By: Steve Gillett
Department: Public Works
Report: XX Resolution: Ordinance:
Exhibits: Bid Recap Sealed Bids #0969
Exhibits: Vendors List
Exhibits:
Appropriation
Source of Funds: General Fund
Account Number: 001-7072-532-2015
Amount Budgeted: $70,500.00
Amount Requested: $66,805.00
Budgeted Item: XX YES NO
SUMMARY & RECOMMENDATION
Advertised, sealed bids 40869 for Plastic Garbage Bags were opened and read on October 21, 2002. Bid requests
were mailed to seven (7) vendors with six (6) returning bids.
Low bid meeting specifications was submitted by Dyna-Pak Corporation at a per pound cost of $0.431. H-GAC was
contacted to determine their cost for the garbage bags. Their cost was $0.4925 per pound plus an administrative fee
of 3%. The total cost of 155,000 pounds of bags from H-GAC would be $77,581.80. The total cost of the contract
for this order of bags from Dyna-Pak. Corporation is $66,805.00. This represents an increase of 1% from the last bid
price.
Staff recommends award of the bid for Plastic Garbage Bags to Dyna-Pak Corporation, low bidder meeting
specifications. This order is for the February bag distribution. Funds for this purchase were budgeted in the FY
2002/03 Solid Waste Residential Operating Budget.
Action Required by Council: Award bid for the purchase of 155,000 pounds of Plastic Garbage
Bags to Dyna-Pak Corporation, low bidder meeting specifications.
JV/S_ 10.2
Date
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CITY AF I A PARTF
INTEROFFICE MEMORANDUM
rtJFirjH 1'�)'IP1r DI`JI'Z)'IJPJ
To: Steve Gillett, Director Of Public Works
From: Susan Kelley, Purchasing Manager
Subject: Sealed Bid #0869 — Garbage Bags
Date: October 29, 2002
Advertised, sealed bids #0869 — Garbage Bags were opened and read on October 21,
2002. Bid requests were mailed to seven (7) vendors with six (6) returning bids.
Dyna-Pak submitted the low bid meeting specifications. Their unit cost is $.4310 per
pound, for a total of $66,805. This is a little over one percent (1 %) increase from our last
bid in May 2002, however it is still a two percent (2%) decrease from November 2001.
This bid may be placed on the agenda for the City Council meeting on November 11"'.
Please remember to submit your recommendation with an agenda request form to the
City Secretary and Purchasing Manager by the prescribed time. The following items
should be included:
➢ Bid tabulation and bidder's list as backup
➢ Date of requested council meeting
➢ Explanation of recommendation, other than apparent low bid
Attachment: Bid Tabulation
Bidder's List
BID TABULATION
BID #0869 - GARBAGE BAGS
DESCRIPTION
OTY
DYNA PAK
JADCORE,
INC.
BEMIS
COMPANY
APOLLO
PAPER
LONE STAR
PLASTICS
ALPHA
BAGS &
SUPPLY
HGACIALL
AMERICAN
POLY
1) Garbage Bags
155,000
0.4310
0.4432
0.4850
0.5000
0.5700
0.6000
0.4925
Sub -Total
$66,805.00
$68,696.00
$75,175.00
$77,500.00
$88,350.00
$93,000.00
$76,337.50
2) Fee
N/A
N/A
N/A
N/A
N/A
N/A
$1,244.30
TOTAL
66,805.00
68,696.00
75,175.00
77,500.00
88,350.00
93,000.00
77,581.80
Information reflects pricing only and other factors
may be considered during the evaluation process
0 •
BIDDER'S LIST
SEALED BID #0869 - PLASTIC GARBAGE BAGS
AMSAN TEXAS INC BEMIS COMPANY
3325 EAST LOOP NORTH PO BOX 905
HOUSTON, TX 77029 TERRE HAUTE, IN 47808-0905
DYNA-PAK CORPORATION
P.O. BOX 967
LAWRENCEBURG, TN 38464
LONE STAR PLASTICS
12023 BROWNING LANE
DALLAS, TX 75230
RESOURCEFUL BAG & TAG
6420 WEST 127T" STREET, SUITE 212
PALOS HEIGHTS, IL 60463-2248
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE TX 77572-0996
JADCORE, INC
300 N. FRUITRIDGE AVE
TERRE HAUTE, IN 47803
APOLLO PAPER INC
P O BOX 40310
HOUSTON, TX 77240-0031
BAYSHORE PUBLISH DATES
OCTOBER 6, 2002
OCTOBER 13, 2002
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City of La Porte
Interoffice Memorandum
To: Mayor and Council
From: John Joerns, Acting ager
Date: November 6, 2002
Subject: Workshop Item for November 111h Meeting
Proposal by San Jacinto Tourism Council
Mr. David Pomeroy, Jr., will attend the November 111h Council Meeting on behalf of the San Jacinto
Tourism Council.
Mr. Pomeroy will be asking the Cities of La Porte, Deer Park, Pasadena, and South Houston to jointly
fund their efforts to promote tourism in this part of Harris County. The San Jacinto Tourism Council
also has a commitment from the Greater Houston Convention and Visitors Bureau to match the
contributions of the member cities.
Enclosed for your review is a letter of introduction and their proposal.
September 10, 2002
San Jacinto Area Tourism Council
George Baylis, initial Board of Directors
C. David Pomeroy, Jr., Executive Director
Mayor Normal Malone
City of La Porte, Texas
Dear Mayor Malone,
The purpose of this presentation is to solicit La Porte's participation in the San Jacinto
Area Tourism Council for the promotion of tourism to our area. Funding for this
program will come from the Municipal Hotel Occupancy Tax and is allocated
proportionately to each participating community in accordance with the tax collected.
The state legislative purpose for the Municipal Hotel Occupancy Tax is to directly
enhance and promote tourism and the convention and hotel industry with specific
allocation for permitted uses. For La Porte, a minimum of 3/7ths (42.86%) must be spent
on "advertising and conducting solicitations and promotional programs to attract tourist
... to the municipality or its vicinity."
The cities of La Porte, Deer Park, Pasadena and South Houston are being requested to
join together in a regional tourism council because their tourism objectives are the same
and by combining tourism dollars, a more effective program can be achieved. In
addition, the Greater Houston Convention and Visitors Bureau has agreed to match the
contributions of the member cities. This would provide upwards to $270,000 to promote
and develop the tourism industry in the area during the 2002-2003 fiscal year. The
positive advertising campaign would also improve the image of each of the member cities
as well as the quality of life for its residents.
A nonprofit corporation is being formed and charitable status is being sought to qualify as
a Section 501 (c) (3) corporation with the Internal Revenue Service. Thus charitable
donations can be solicited which would increase the amount of funds available to
promote the area and to enhance the tourism industry.
The following material supports this request in greater detail. La Porte's portion of the
budget would be $39,796, which represents less than one half of the city's legislative
obligation. La Porte would have three members on the Board of Directors to insure that
La Porte is properly represented. Funding would be requested to be paid quart I . It is
our desire to start October 1 st
Thank you for your consideration
Proposal
Regarding the formation of the
San Jacinto Area Tourism Council
Objective:
The purpose of the San Jacinto Area Tourism Council (SJATC), a not -for -profit
organization is to develop and market the tourism industry potential of the southeastern
Harris county region which includes the communities of Ellington-Sagemont, South
Houston, Pasadena, Deer Park, La Porte and Morgan's Point. By jointly promoting the
region through cooperative public/private partnerships as a single travel destination and
by participating with other regional groups, the San Jacinto Area Tourism Council
would benefit the participating communities by an increase in travel related revenue, an
increase in employment related to the industry, a diversification of the economy of the
region, an improvement in the quality of life of the communities and an improved image
of the communities.
Background:
Tourism is the third largest industry in Texas. In 2000 travelers spent $40.4 billion and is
estimated that it saved each Texas household $792 in taxes. The State of Texas
organized a State Tourism Partnership to support the development and marketing of the
tourism/tmvel industry in Texas. Participating members include: Texas Department of
Economic Development (Tourism Division), Texas Historical Commission, Texas
Department of Transportation, Texas Parks & Wildlife Department and the Texas
Commission on the Arts. Regional cooperation, called "Clustering" is encouraged as it
increases the attraction of a region and allows for complementary functions. Each
community makes a unique contribution to the whole region and increases the travel
destination appeal of the area. The Greater Houston Convention and Visitors' Bureau
(GHCVB) is encouraging the formation of regional tourism groups and is providing
matching funding to these organizations. NASA Clear Lake Convention and Visitors'
Bureau was started in 2001. Organizations are being formed in the Montgomery County,
Fort Bend County and Galveston County. These groups would jointly compete with such
areas as Dallas-Ft.Worth, San Antonio -Austin, Panhandle, (South) Texas Coast Bend and
the Southeast Texas Region for travel dollars spent in Texas. By joining with the
GHCVB, SJATC would be marketed to a broader travel audience and thus increase its
tourism revenue. As the prime Heritage/Historical region in the greater Houston area we
can contribute and benefit from that association. Other benefits include improvement of
our travel industry assets, education of travel related employees and organizations,
historical preservation and a greater awareness of the cultural assets of our community to
our citizens.
David Pomeroy 8/19/02
Proposal2lp
The San Jacinto Battleground State Historical Park is within our area and is a major
State, National and International tourist attraction. Over one million visitors travel
through our area to get to the park and little is being done to work with the State Park or
other tourism marketers to extend the stay of the visitors in the adjoining communities
and/or to visit the local historical properties and other attractions. Presently the State
Park is in a redevelopment program designed to improve its educational potential and
thus enhance itself as a tourist destination. Actually three programs are being developed:
one associated with the U. S. S. Texas, one associated with the Battleground and the
Monument/Museum facilities and one with increasing the nature preserve value of the
property. Upwards to $100 million will be spent by a public -private partnership that
should greatly increase the visitation to the Park. In addition, the Texas Historical
Commission has reactivated the promotion of the Texas Independence Trail, which is
aligned with State Highway 225 through the Pasadena, Deer Park and La Porte
communities and with an extension to Morgan's Point. This is a separate state tourism -
marketing program that provides grants and education to communities along its route.
The Texas Independence Trail was announced in January 2000 and its benefits are
available for five years. In 2001 the Texas Legislature designated State Highway 225
specifically as the "Texas Independence Highway." This provides a marketing potential
unique to the SJATC area.
Historically the communities to be included in the SJATC have not worked together
promoting themselves as a travel industry destination. Most of the potential travel venues
have not developed a marketing plan and have done very little in letting anyone outside
of the local community know about what they had to offer. According to the Texas
Travel Industry Association, the number one reason for NOT visiting a site was a lack of
AWARENESS about it. The best -kept secrets in Texas (e.g. the heritage assets in the
local area) are being underutilized and therefore cannot maximize their educational,
heritage or income potential. By joining together, developing a marketing program and
pooling a portion of their marketing budgets each venue has an opportunity to be
successful.. And by clustering, the overall marketing budget increases and a larger
audience becomes aware of what the local venue has to offer. For instance, the Sylvan
Festival by itself cannot afford to market in Dallas, Chicago, Paris or Tokyo, but in
partnership with other local attractions and communities and in a regional tourism
relationship with the GHCVB, information about the festival can be included in packets
delivered to these markets. While approximately 50% of the travelers are from within
Texas, the other 50% are from other states and other countries. And it is those out of state
visitors that utilize local lodging as well as spend money in local restaurants and service
stations.
Goals:
The first goal of the SJATC would be to inventory what tourism assets are available in
the area, with specific emphasis on the heritage/historical assets. Since the San Jacinto
Battleground State Park is already known and is being promoted by the State, the
GHCVB and the NASACLCVB, there is a built in market that can easily be catered to if
David Pomeroy 8/19/02 2
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they are aware of what else is available in the area. Neither the State, GHCVB nor
NASACLCVB are promoting adjacent venues or encouraging people to stay overnight in
the area. The Heritage Tourist spends more than the average tourist and is seeking an
opportunity to understand the local "qualities that give a place its own distinctive
character." Other tourism venues, such as nature trails, festivals, cultural events and
sporting events will be studied after the primary theme has been developed.
San Jacinto Area Tourism Council would sponsor workshops and offer consulting
services to the various venues. These programs would include (1) how to obtain a 501
(c) (3) charitable status with the IRS, (2) how to create and maintain a internet web site so
that travelers can learn more about what the venue has to offer and to contact the venue
with specific questions or directions, (3) how to provide better educations experiences for
visitors so that they will return and they will tell other visitors about the venue, (4)
developing a marketing plan with includes the production of brochures on each venue
and then how to create a distribution plan (both local, regional and international) and (5)
how to apply for grants to expand programming and capital assets. The SJATC would
develop its own Internet Web Site and create a master brochure of what is available in the
area. The SJATC web site would provide links to the venue's web site, or in the
alternative, provide a nominal web site on its server for the venue. Each of these web
sites and brochures will be incorporated into the GHCVB program for wider marketing
distribution.
An advertising campaign would be developed to promote the area tourist venues. An
immediate advantage is to acquaint the local residents about what is available in their our
community. By informing the local citizens about the cultural venues available in their
community you not only improve the quality of their lives, but also encourage them to
treat their traveling guests (friends or family) to local attractions before considering out
of area events. Approximately 30% of leisure travel is visiting family and friends.
Outside of the communities the market is commonly divided into three segments. The
drive-in tourist or day tripper usually lives within approximately 120 miles of the venue.
SJATC would promote the area either independently and in cooperation with individual
venues. In addition SJATC would publish press releases and assist the local venues in
providing their own press releases. The right contact and a properly drafted press release
can improve the success rate of inclusion in publications. drive range market,
cooperative advertising would reduce the cost and increase the exposure for area venues.
Within the local drive in (and day tripper) market, and within the communities
themselves, stand-alone advertising would be utilized to acquaint locals about the specific
benefits of our area. Tourism is a community affair and the community must be sold on
the idea and support it.
The second segment of the tourism market is within approximately 350 miles of the
venue. The travelers come for the weekend or spend several nights in the area. This is of
prime concern for the lodging industry because hotel occupancy tax (HOT) monies are
used to increase the hotel/motels income. Within this region cooperative advertising with
other cluster groups (e.g. NASA -Clear Lake CVB) and the GHCVB would greatly
David Pomeroy 8/19/02 3
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•
enhance the effectiveness of advertising. This same concept is important in the third
segment of the market which is interstate and international. By making the traveler
aware of other venues in the San Jacinto area they can plan their schedule to take
advantage of these opportunities as add-ons to their trip.
Our area attractions have missed opportunities because they were not aware of what
could be done and how to promote themselves. There are several trade associations that
SJATC would join in order to participate in educational and promotional programs. The
top organizations are the Texas Travel Industry Association (TTIA), the Texas
Association of Convention & Visitors' Bureaus (TACVB), the Texas Hotel/Motel
Association (THN1A) and the Greater Houston Convention and Visitors Bureau
(GHCVB). These organizations provide education and information that would enhance
our local marketing program. In addition they sponsor cooperative advertising and
promotional trips which targets not only the traveler, but also the travel counselors and
tour packagers. Another benefit of membership would be an awareness of additional
funding opportunities for both the SJATC and the local attractions.
An immediate increase in tourism and tourism dollars would not be expected. The local
attractions need to be identified and evaluated. Some will need to be improved so that
the visitors' experience will be positive. Roadblocks to promotion and presentation will
have to be eliminated, Event dates may need to be coordinate to eliminate conflicts and
competition. Cross promotion between events and venues need to be established so that
the tourist will find other places to visit while in the area, or a reason to come back at a
later date.' Possible new venues will be developed and most certainly
employees/volunteers will have to be trained to provide quality service. Programs such as
San Jacinto College' new Workforce Development Program, "Tourism and Hospitality
Program Certificate" would be utilized to train people for the hospitality industry. Local
groups will have to be convinced to work together instead of in competition with each
other. Appropriate marketing must be determined, designed and put into place. It would
be contra productive to advertise a program that was not prepared to receive the traveler
and to give them a meaningful experience. Individual brochures and a general Visitor's
Guide listing attractions, restaurants, lodging, shopping and other appropriate destinations
for the visitor needs to be developed. The use of public access television will be
explored to provide information and education to the local communities as well as
information to the motel customers. Once these basis programs are in place then a
marketing program to attract visitors will be initiated.
A partial listing of current tourist attractions (venues) follows:
Texas Independence Trail (located on the route)
Texas Independence Highway (SH 225)
Vince's Bridge Historical Marker
Santa Anna Capture Site Historical Marker
San Jacinto Battleground and Monument
U. S. S. (Battleship) Texas
Texas Historical Markers (approximately 50 in the area, such as)
David Pomeroy 8/19/02 4
Proposal2lp
1. Pasadena P.I.S.D.
2. Dr. George Patrick home
3. Houston Yacht Club
4. William Plunkett Harris (El Jardin)
5. First Airplane Flight in Texas (S. Hou)
6. Morgan's Point
7. Lynchburg Ferry
8. Allen Ranch
9. Battle of San Jacinto (several)
National Registry Historical Marken
1. Jim West Mansion (also Texas Historical Marker site)
2. Pomeroy Homestead (approval pending)
3. Armand Bayou Archeological District (also Texas Historical Marker
site)
4. Hams County Boy's School Site
5. Morgan's Point Historic District
6. Ross Sterling House (also Texas Historical Marker site)
Pasadena Historical Museums
1. Main museum (in planning stage)
2. Strawberry (Parks) House
3. Pomeroy Homestead
4. Anna's House
Deer Park Museum:
1. School Museum
2. Shell Museum
La Porte Museums
1. La Porte -Bay Area Heritage Museum (Depot)
2. Texas & American History Museum (School)
South Houston's Mixon Memories Museum (movie monsters)
Armand Bayou
1. Jimmy Martin Farm
2. Ecotourism
Festivals:
1. Strawberry Festival
2. Bay Day (ecology)
3. Deer Park Festival
4. Sylvan Beach
5. La Porte Christmas Stroll on Main Street
6. La Porte Main Street Fair
Pasadena Rodeo
La Porte Main Street
La Porte-Bayshore Historical Trail
Sylvan Beach Park, Playground and Pier
Baytown Bridge
Million Dollar Highway (refinery row along SH 225)
Port of Houston
David Pomeroy 8/19/02 5
Proposal2lp
Pasadena Philharmonic Orchestra
Cowboy Ranch
Retail shopping:
1. Pasadena Town Square Mall
2. Fairmont at Beltway 8 cluster
3. other unique stores
Senior Olympics
Handicap Olympic
Wheelchair basketball
Wings over Houston
Golf courses:
1. City of Pasadena Municipal
2. Baywood Country Club
3. Battleground (Deer Park)
4. Bay Forest (La Porte Municipal)
Little Theatres:
1. Pasadena Little Theatre
2. Deer Park Players
Potential Sites:
1. Capitan Theater (Lion King performance in Denver sole 215,000
tickets and had an economic impact of $48-58 million. Also increased local
restaurant wait staff, out of town visitors and season ticket sales).
2. Pasadena Post Office
3. Vince Bridge Park
4. Santa Anna Capture site park
5. Local historical marker programs
6. El Jardin eco-tour
7. jogging trails
8. races: 10 K, bicycle, etc
Organization:
San Jacinto Area Tourism Council, a non-profit corporation will be established to
administer the tourism development and marketing program. Initial funding will be
provided out of Hotel Occupancy Tax revenues collected by the cities of South Houston,
Pasadena, Deer Park,. and La Porte. The Greater Houston Convention and Visitors
Bureau (GHCVB) has indicated a willingness to match the total local contribution up to
possibly $1.50,000.00.. The Board of Directors will include 15 members with each
community having three representatives (which includes the GHCVB). It is anticipated
that the mayor of each community will appoint one member that will represent the local
governing entity providing funds, the second member representing an interest in the
tourist industry itself and a third that would understand and promote tourism for the area
One half of the initial board will be appointed for one year and the other half for two
years. There after each director will serve for two years, with one half of the Board being
appointed each year. The Directors will serve without compensation. The Board will
David Pomeroy 9/19/02 6
Proposa12lp
hire the Executive Director who will be responsible for the day-to-day operations of the
corporation. The corporation will apply for 501(c)(3) status from the Internal Revenue
Service so that it can seek contributions from private sources, which would qualify as a
charitable deduction.
Funding Sources:
The corporation would receive funding from the participating communities. Since the
purpose of the Hotel -Motel tax is to promote economic development, specifically travel
related, the corporation would seek approximately 20% of those funds collected in the
area. The GHCVB will match the local contribution as stated above. Special projects
funding would be sought from State and National grants. In addition, as a 501(c)(3)
corporation, the corporation would seek private contributions to enhance its operation.
Private foundation grants would also be sought as well as in -kind services. A revenue
generating tourist center is not anticipated initially as the focus will be on developing the
existing heritage assets.
According to the Texas Department of Economic Development revenues reported by the
area motels are set out as part of Exhibit C (budgets). However, a different report
showing the expenditures for the cities of HOT received in the year 2000 are slightly
lower. Therefore we have established a percentage relationship between the cities and
with a commitment for upwards to $78,000 we have allocated the appropriate
proportional share to each of the other cities: the following were the motel -hotel revenues
for 2001:
South
Pasadena
Deer Park
La Porte
Total
Houston
Hotel Rev.
938,000
7,669,000
1,091,000
3,913,000
2001
Percent
4.06%
58.06%
8.26%
29.62%
relationship
Requested
5,452
78,000
11,096
39,796
134,346
contribution
The GHCVB has indicated a willingness to match up to $150,000. This would create a
potential initial operating budget of $268,693.
One of the primary purposes of the Non -Profit Corporation is to lessen the burdens of
government of the participating cities in conducting tourism and area promotion activities
since SJATC would be fulfilling a portion of that obligation on their behalf. For a
discussion of the requirements for the use of local Hotel Occupancy Tax please see
Exhibit B.
David Pomeroy 9/9/02 7
Proposa121p
Budget:
An initial operating budget has not been established but can be expected to mirror closely
the relative relationships (percentage) of the NASA Clear Lake Convention and Visitor's
Bureau in that they were organized last year and have a budget larger than the $268,693
proposed for SJATC. The start up budget for NASACLCVB totaled $346,500 which
included the up front expenses of legal and office set up. Their second year budget is
estimated at $387,350. Approximately 60% of the budget will be spent on advertising
and promotional efforts. Since upwards to 20% in advertising cost savings can be
realized by joint coop advertising, SJATC would be able to achieve greater results with
its advertising dollars by working with local venues, NASACLCVB and GHCVB.
Attached is a spreadsheet (Exhibit C) setting out an analysis of the NASACLCVB budget
and how the gross numbers might be translated to the SJATC. A month by month and
quarter by quarter budget is also set forth for the $268,693 requested.
It is anticipated that the SJATC would be funded fully by the supporting communities in
their October 1, 2002 budgets. In the interim limited funding would be solicited from the
GHCVB and Pasadena to incorporate the SJATC, establish a `presence' in the
community and to fund participation in several trade associations and in particularly the
annual convention and trade shows of the TTIA and the TACVB in August and
September.
Benefits to the Community:
La Porte would benefit from the development and marketing of its tourism assets. The
Southeast Economic Development Council represents La Porte along with six other
geographic entities in the promotion of economic development. Although tourism is a
part of their mission they are not providing adequate attention to the number three
industry in Texas. With a high number of motel beds, several good dining facilities, the
coastal beach and prime underdeveloped heritage and nature tourism assets, La Porte will
benefit significantly from the development of those assets to travelers outside of the local
community.
A. Industries benefiting from Travel:
1. attractions (festivals, convention center, golf courses)
2. transportation (rental, gasoline, repair)
3. entertainment (heritage, arts, etc)
4. retail
5. lodging
6. dining
B. Economic Benefit
1. generation of taxes
a. sales tax
b. hotel tax
2. job creation
David Pomeroy 9/8/02 8
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3.
retail sales
4.
economy diversification
C. Quality
of Life
1.
Historic preservation
2.
Enhanced community image
3.
Increased cultural activities for the community
4.
Increase awareness and pride in the community
5.
Low impact industry
Conclusion:
La Porte was the first community in the area and still has much of its historic Main Street.
In addition, being located on Galveston Bay other unique tourism programs are available.
The development and marketing of the tourism industry would not only benefit the
community in quality of life issues, but would increase the economic base of the
community. Tourism development in La Porte has lacked a focused and coordinated
effort. With the State's initiative to enhance the tourism industry, the opportunity to
partner with the GHCVB and the multimillion -dollar development program at the San
Jacinto Battleground State Historical Park, the creation of the San Jacinto Area Tourism
Council can take advantage of these unique opportunities to literally create a viable
tourism industry for the area. Increased tourism will increase the demand for better
hotels and will increase retail sales in the community. La Porte and the San Jacinto area
now have fixed geographical boundaries and can only improve their economies and
quality of life by proper planning with their available resources. Adding tourism to the
industrial economy mix will diversify the economy and provide a positive image to the
community.
We are requesting from La Porte that they commit $40,000 of the anticipated Hotel
Occupancy Tax to the funding of the SJATC during the next budgeting year beginning
to develop and promote the tourism industry of
David Pomeroy 9/8/02
Proposal21p
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SOLID WASTE ORDINANCE
CITY COUNCIL RETREAT
SEPTEMBER 27-28, 2002
INTRODUCTION/CURRENT ACTIVITY
The City of La Porte City Council approved a new Solid Waste Ordinance on October 14,
1996. The Ordinance was intended to manage the collection and disposal of residential
and commercial solid waste to provide for the efficient, cost-effective management of
solid waste within the City. With this in mind, the Ordinance established the rules and
regulations to provide for the service.
The City intended to educate the residents and customers of the new rules and
regulations, with the thought that the public would gradually come into compliance with
the new rules. Initial activities included letters to all residential and commercial
customers, newspaper articles and publication in the annual heavy trash schedule and
calendar. More recent efforts include the city's web page and cable channel. Although
the majority of residents comply, a significant number continue to violate one or more
portions of the Ordinance.
The most common violation involves setting out heavy trash too early. The Ordinance
prohibits the placement of heavy trash more than five (5) days before scheduled pickup.
Frequently, heavy trash is placed just after the last cycle, sometimes the next day. With
an approximate cycle of 2 % weeks per pickup, trash can be on the street for over two (2)
weeks before collection. The Solid Waste Division has acted to educate the public by
placing notices at the residents who have placed trash early. Reaction ranges from
thanks, concern, to outright indignation. Many of these are repeat violators. The
Ordinance provides for a fine up to $2,000.00 for this violation. No formal citations or
warnings have been written to date.
Another common violation is placement of excessive heavy trash. The Ordinance
provides for the collection of up to ten (10) cubic yards of heavy trash. Trash placed for
collection frequently exceeds this limit. In fact, we have seen trash piles exceeding•60
cubic yards (three truckloads) at individual households. Besides the educational door
hangers, the Solid Waste Division tries to make personal contact to discuss alternative
methods of disposal. We invite residents whose excessive trash consists of brush to haul
it to our composting area. Additionally, if hauling is not possible, we will collect '/z
truckload (approximately 12 cubic yards), leaving the remainder for the next scheduled
pickup. This means that the trash will sit at the curb for an additional two-(2) weeks.
Repeat violations are less common with excessive trash. The Ordinance provides that the
City give the violator ten (10) days to remove the trash. If not, the City can remove, or
cause the removal, and the cost is added to the violator's water bill. The City has not
invoked this portion of the Ordinance to date.
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Another violation is trash placed by commercial accounts. Commercial accounts are not
eligible for trash collection, and are directed to use containers or contact the commercial
contractor of trash service. Commercial accounts also include churches, schools (public
and private), homeowners associations and non-profit groups. The City has been
enforcing this portion of the Ordinance by personal contact, utilizing the City's
commercial solid waste provider.
Trash placed in front of vacant lots or acreage frequently results from the development or
proposed sale of these areas. Clearing of vacant lots or acreage is classified as
commercial trash by the Ordinance and not collected. This can be a problem as trash
from adjacent properties is frequently placed in front of vacant lots and acreage, making
it difficult to find the owner. These violations have been handled by personal contact,
and almost always result in resolution. The Ordinance treats trash from vacant lots as a
violation, and a citation may be issued. However, it is difficult to prove that the debris is
from the vacant lot, as adjoining property owners, as well as illegal dumpers are
frequently the violators. In those cases where the violator cannot be clearly identified,
the Solid Waste Division eventually cleans up.
The final major violation involves commercial containers. These violations are either
container on the street, or waste scattered around a full container. Street violations are
almost always commercial businesses whose lot and/or parking lot is too small to provide
for convenient location of the container on the property. The Solid Waste Division meets
monthly with the commercial contractor representative to develop a list of these
violations. When possible, personal contact is made with the owner to resolve placement
of the container. Although the business almost always cooperates, relocation of the
container does not always last. Frequently, the container is relocated back into the street
ROW before the next inspection period. Repeat offenses of this type are a violation, and
can result in a citation. Finally, some locations are impossible to place outside the street
ROW. In these cases, containers may have to be located on or near the ROW.
The accumulation of scattered debris around containers is almost always associated with
apartments or trailer parks. Although the container may not be.full, couches, mattresses
and other large debris will not fit in the container and is dumped alongside the container.
The Solid Waste Division works with the owners/managers to correct this situation as it
arises.
DISCUSSION
The enforcement of this ordinance was intended to be accomplished by education. The
degree of success of this approach has fallen short of original expectations. City
management has requested a review of the problems, and suggestions to facilitate more
active enforcement. A new enforcement policy must be established to provide guidance
for the staff to carry out the wishes of the City Council. Staff has researched this issue,
and has identified areas that need policy established.
2
Prior City Councils have had mixed feelings about active enforcement of early placement
of heavy trash. Staff has naturally been reluctant to move into the area of citation
writing, and has tried to continually educate and accommodate citizens.
There has been organized group activity to promote active enforcement of the Ordinance.
There has also been an increased interest by the City Council to actively enforce. At the
Direction of city management, the Public Works Department has investigated the steps
needed to actively enforce the Ordinance.
Not all citizens embrace the active enforcement of this Ordinance. Over the past several
years, Public Works has been treated to various citizen reaction to the educational efforts
described in the first portion of this report. Some citizen reaction is favorable. Many tell
us that they were unaware of the provisions of the Ordinance, or that they had lost the
heavy trash schedule. While the majority of citizens have reacted favorably, some are
upset, and are not shy about letting us know.
There are basically three examples of citizens that react unfavorably to educational
efforts. It can be assumed that their reaction to a warning or citation will be at least
equally unfavorable. The first involves the elderly. As an example, the 83 year old
widow whose grandson came over last weekend and cleaned out the garage, or cut down
the tree and placed it out for collection too early. This citizen, usually a long-term
resident, asks how the City can give her a ticket when she is on a fixed income. What is
she supposed to do with it?
The second example involves the shift -worker. He is on long -change, and this is his only
opportunity to trim his trees. He too places out for collection several days too early.
When is he supposed to trim his trees? What is he to do with the debris? How can we
give him a ticket — he is a volunteer fireman.
The final example involves the individual, and they are out there, that does not care what
the Ordinance says. He will put his trash out when he wants to, in any amount he wants
to. He dares you to give him a ticket.
All three examples are real. Some are a combination of two or more of these examples.
All three types have loudly objected to the City's educational efforts. No warnings or
citations have been issued to date. If and when active enforcement is implemented,
citizen reaction is unknown.
Enforcement of the Ordinance can take many forms. However, for the purposes of this
discussion, it will be assumed that the enforcement of excessive heavy trash, trash at
commercial and vacant lots or acreage, and maintenance of commercial container
placement and surrounding area will continue as is outlined in the Ordinance. The
enforcement of heavy trash placed too early seems to be the only area not currently
strictly enforced. The following discussion will address this issue.
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ALTERNATIVES
Progressive enforcement of the Solid Waste Ordinance will be used to deal with
commercial and vacant lot trash, and container violations (ROW and adjacent
accumulations). Excessive trash will be referred to the City's commercial contractor, or
collected by City forces as time permits. In both cases, the resident will be billed for
actual cost on the next utility bill.
The most common and unsightly violation of the Ordinance involves placement of heavy
trash more than five (5) days before the next scheduled collection day. Discussions with
the City Prosecutor reveal that in order for a citation to be enforceable, it must be proven
that the violator knew it was a violation.
It can be argued that prior notice has been provided in letters, articles and heavy trash
schedules and calendars, however this must be tested in Municipal Court. If prior notices
are used, the City may begin issuance of citations to any and all violators after the first
offense. Currently, we see an average of 30 violations per zone per pickup cycle. This
would equate to approximately 150 tickets issued every 2-'/z weeks.
Another alternative is to continue to place door hangers, noting addresses for violations.
Citations would only be issued for repeat violators. This method would result in an
average of approximately 3-5 violations per zone, or 15 — 25 tickets every 2-'/2 weeks.
The Prosecutor feels that this method of notice is better, but still may not meet the
standards for every case.
The best alternative in terms of legal notice is to issue a warning citation, or in the
absence of the resident, a certified letter from the Court. This method is also the most
expensive and time consuming, in terms of postage and employee time. Repeat violation
would result in a citation.
Receipt of a citation will result in a mandatory court appearance, unless the violator is
willing to pay the $2,000 fine before the scheduled court appearance. The Ordinance
does not contain a progressive fine schedule, so the violator is forced to a court
appearance, with the judge assessing the appropriate fine. One solution is to revise the
ordinance with a progressive fine schedule. An example would be $100 for first
violation, $200 for second violation, $500 for third violation and so on. This might result
in fewer actual court cases, as violators could pay the appropriate fine without a
scheduled court appearance, similar to traffic fines.
Enforcement of other violations discussed above can be implemented easily. No prior
notice is required to enforce these provisions. Enforcement through the Solid Waste
Division will be accomplished by the Superintendent and Supervisor. With 21
employees and associated budget to manage, and normal complaint and inquiry
resolution, the ability of these employees to provide solid waste enforcement will be
limited. The record -keeping requirements, especially if prior notice must be proven, will
4
be time consuming. Complaints of violations will be acted upon immediately. However,
with five (5) trash zones to monitor, it will be impossible for each zone to be monitored
each trash cycle. A manageable solution is to monitor one zone per cycle, approximated
6-8 days before scheduled pickup, to identify violations, issue notices and citations.
Enforcement of zones will be randomly identified for each scheduled cycle.
5
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KNOX W. ASKINS
JOHN D. ARMSTRON6
CHARLES R. HUBER, JR.
BOARD CERTIFIED • CIVIL TRIAL LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
CLARK T. ASKINS
DATE:
TO:
FROM:
ASKINS & ARMSTRONG, P. C
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
M E M O R A N D U M
October 31, 2002
Mr. John Joerns, Acting City Manager
Knox W. Askins, City Attorney
SUBJECT: Council Travel Policy Ordinance
Dear John:
:1
Nov 120UL 1
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
I have revised my proposed letter, by adding a new paragraph 2,
referring to, and attaching, your memo, and adding a new second
sentence to numbered subparagraph 2.
If this is satisfactory, please have copied and placed in Council
boxes. Otherwise, please contact me for any further revisions.
Yours very truly,
ox W. Askins
City Attorney
City of La Porte
KWA:sw
Enclosure la-
l � �
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0
i
ASKINS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
CHARLES R. HUBER. JR.
BOARD CERTIFIED . CIVIL TRIAL LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
CLARK T. ASKINS
November 4, 2002
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Gentlemen:
TELEPHONE 281 471-I1386
TELECOPIER 2131 471-2047
I have reviewed the letter from the City Council Travel Committee
to City Council, and, to assist City Council in reviewing these
recommendations, I have prepared a "red -lined" version of present
Ordinance No. 2000-2434, passed and approved by City Council on
September 25, 2000, which reflects the language of the existing
Ordinance; shows strike throughs for language of the existing
Ordinance which would be deleted; and shows underlined, proposed
new language.
I have asked Acting City Manager John Joerns to review the "red -
lined" ordinance, and his reply memo to me dated October 30, 2002,
with his comments, is attached to this letter.
I would like to offer the following comments on the Committee's
recommendations:
1. As I commented at the time of adoption of the earlier
ordinance, I believe Internal Revenue Service per diem guidelines
for trips to a major city, where Councilpersons are a captive
audience in a convention center hotel, are unreasonably low. I
would recommend that the Council keep in place, the present $75.00
limit or such other limit as Council desires.
2. If Council wishes to adopt the Committee's recommendation as
to limitations on trips, and/or dollar amounts of trips, I think a
limitation on trips, rather than dollar amounts, would be
preferable. Alternatively, I would recommend that the revised
ordinance contain a provision to the effect that City Council will
review and establish a budget for City Council travel, during the
annual budget process.
I understand that Mayor Malone has requested this matter be placed
on the November 11, 2002, agenda as a workshop item for discussion.
Again, please let me reiterate that this Ordinance is designed to
give the City Council, in ordinance form, the recommendations of
the Committee, as a point to begin discussions.
0
AS&S & ARMSTRONG, P. C.
ATTORNEYS AT LAW
Hon. Mayor & City Council
November 4, 2002
Page 2
KWA:sw
Enclosures
Your ry truly,
Knox W. Ask�in(,s"
City Attorney
City of La Porte
City of La Porte
Interoffice Memorandum
To: Knox Askins, City A
From: John Joerns, Acting
Date: October 30, 2002
Subject: Council Travel Policy Ordinance
I have reviewed the Draft Council Travel Policy Ordinance, which incorporated the
recommendations of the City Travel Policy Committee. I offer the following comments and
observations on the proposed changes for Council's consideration.
Item #4
❑ As written, there will be no cash advances.
o This might be a burden on some Council members especially for multi day
trips to a major city (ie. Atlanta, Boston, Washington, etc.).
a Removes the per diem for Council and provides for reimbursement based on receipts
and further providing that meals shall not exceed the IRS guidelines for the
destination City.
o Prior to establishing a per diem, when Council traveled on a reimbursable
basis, staff on occasion, had difficulty in getting the receipts timely. This per
diem when established eliminated the need to secure and review receipts.
It is suggested that Council consider adding a paragraph establishing the IRS mileage rate for
occasions when Council members use their personal vehicle for travel outside Harris and
Galveston Counties.
JJ/ml
c: Cynthia Alexander, Director of Finance
Martha Gillett, City Secretary
i
ORDINANCE NO. 2002-
AN ORDINANCE ESTABLISHING GUIDELINES FOR TRAVEL BY CITY COUNCIL
MEMBERS TO EDUCATIONAL MEETINGS OUTSIDE HARRIS AND GALVESTON
COUNTIES1 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWy AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council establishes the following
guidelines, which shall apply to attendance by members of City
Council at educational meetings for elected officials, outside
Harris and Galveston Counties:
1. A commitment for attendance should be given to the City
Secretary at the earliest possible date so that the lowest
possible air fare and other discounts can be obtained. This
will normally be thirty (30) days prior to the event when air
travel is involved. The City Secretary shall aggressively
solicit attendance information if deadlines are approaching
and a timely decision is needed.
2. If arrangements are made later, the difference in cost will be
the responsibility of the Councilperson. When notification is
given and attendance does not occur, the expenses already paid
will be reimbursed to the City by adjusting the monthly check.
If there is a good reason for the lack of travel coordination,
the City Council may waive the penalty.
3. The City of La Porte will not nav or rPimhnrca asrr,anaaa fnr
ILI
uiLy uouncii memner•s spouses or other family members No
travel or other arrangements will be made for ehi= r-en e-
spouses or other family members unless that cost
has been prepaid. A Councilperson shall reimburse to the
City, any charges made by the hotel for additional room
guests.
eeveLc fneals and ineidental expenses. Depending en travel
arrangements the per them :ll be pEerated to—Zmate
depa
rtu.re and return dates. Airpert; par -king is net eenside
an�a-deatal expense, n must be aeeeunted fer with
reeeipt en the —request —€er EeiffdbuEsement. No cash advances
reimbursement from the City upon returning from a trip
not exceed the Internal Revenue. Service per diem guidelines
for the destination city.
5. Depending.on travel arrangements, the City reimbursement to
Councilpersons will. be prorated to match the departure and
return dates. Hotel stay and airport parking will be
reimbursed only for the interval from the first night before
the opening general session to the day following the closing
meeting. Additional time will be approved for attendance at
meetings where the Councilperson serves on a committee or is
on the program.
6. Taxis may be used between the hotel and the airport if no
hotel transportation is available. Mass transit should be
used for intracity travel when available unless there are time
constraints. Car rental is the responsibility of the
Councilperson and will not be reimbursed unless pre -approved
by the City Council.
7. Expense accounts must be submitted within ten (10) days after
returning from a meeting. If the expense report is not
received by the City within ten (10) days after completing
travel, the City Manager shall refer the matter to the City
Council Audit Committee for handling. Receipts are mandatory
for reimbursement except when otherwise exempted by this
policy. Subsequent trips will not be allowed until a request
for reimbursement has been submitted for all previous trips.
9.
Finance.
Any exceptions to this policy shall be approved by City
Council at a regular meeting.
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
2
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. Ordinance No.
2000-2434, passed and approved on September 25 2000 is repealed
on the effective date hereof.
PASSED AND APPROVED, this day of
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
Knox W. Askins
City Attorney
By:
CITY OF LA PORTE
Norman L. Malone
Mayor
2000.
3
0 0
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November fl. 2002
Requested By:
Department: Administrado
Report: Resolution: X Ordinance:
Exhibits: Resolution 2002-
Exhibits:
Exhibits:
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
On the February 2, 2002, Bond Election, voters approved a new facility for Police Headquarters. We have budgeted
this year to secure design for this new facility. The property described in the resolution is needed to protect access
to an intersection.
The proposed resolution authorizes Knox Askins, City Attorney to represent the City of La Porte in the acquisition
of the property described in the resolution. It further provides that in the event the owners and the City cannot agree
on fair market value, the City Attorney is authorized to initiate eminent domain proceedings to acquire the
properties.
Secondly, this resolution will be filed for record at the Harris County Courthouse. This information will be picked
up by future title searches and therefore alert any potential buyers of these properties that the City intends to acquire
property for this project.
Council will be informed of any recommendations to initiate eminent domain proceedings.
Action Required by Council:
Authorize acquisition of a tract of land for a Police Station Site.
���i���
19 J1'"� Date(
0 •
RESOLUTION NO. 2002- 5y
A RESOLUTION AUTHORIZING THE ACQUISITION OF A TRACT OF LAND FOR A
POLICE STATION SITE IN THE CITY OF LA PORTEI FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW1 AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has found
and determined that public necessity requires the acquisition of a
tract of land for a police station site on the hereinafter
described real property in the City of La Porte, Harris County,
Texas; and
WHEREAS, the City Council of the City of La Porte has found
and determined that the tract of land hereinafter described is
suitable and needed for a police station site, and that it is
necessary to acquire same for a police station site; and
WHEREAS, the City Council of the City of La Porte deems it
advisable to authorize, and does hereby authorize, Knox W. Askins,
City Attorney of the City of La Porte, or his designated
representative, to represent the City of La Porte in the
acquisition of the hereinafter described property;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. That the said Knox W. Askins, as City Attorney for
the City of La Porte, or his designated representative, be and he
is hereby authorized to negotiate with the owners of the
hereinafter described land, concerning the acquisition by the City
of La Porte, of the tract of land for a police station site,
located in Harris County, Texas, said tract of land being more
particularly described as follows, to -wit:
The Reserve, in Fairmont Park West, Section 5, a
subdivision of 22.103 acres, in the W.M. Jones Survey, A-
482, Harris County, Texas, according to the map or plat
thereof recorded in Volume 294, Page 78, of the Map
Records of Harris County, Texas, reference to which is
here made for all purposes.
at the fair market value for same, and should said City Attorney,
or his designated representative, as the duly authorized
representative of the City of La Porte, be unable to agree with
such owners as to the fair market value of such tract of land,
then, and in that event, said attorney be, and he is hereby
authorized and directed to file against all owners and lienholders,
proceedings in eminent domain to acquire the above described
property, for a police station site.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this resolution and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this lath day of November, 2002.
CITY OF LA PORTE
By: �---
N an L. Malone, Mayor
i
ATTEST:
L-9 /a
Martha A. Gillet
City Secretary
APPR D:
Knox W. Askins
City Attorney
® •
ASKINS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS TELEPHONE 281 471-1886
JOHN D. ARMSTRONG TELECOPIER 281 471-2047
CHARLES R. HUBER. JR.
BOARD CERTIFIED . CIVIL TRIAL LAW Fj
7E%AS BOARD OF LEGAL SPECIALIZATION 1.= 1 ,
uCLARK T. ASKINS January 3, 2003
Ms. Martha Gillett by 6,ao
City Secretary
City of La Porte.
City Hall
La Porte, Texas
Re: City of La Porte Purchase from Eddie'V. Gray, Trustee
-- Fairmont Park Police Station Site
Dear Martha:
I enclose herewith original General Warranty Deed from Eddie V.
Gray, Trustee, to the City of La Porte, of the Reserve of Fairmont
Park West, Section 5, the Fairmont Park Police Station site.
Please place this deed in the City's permanent real estate files.
I will forward the owners title policy to you, when received. By
copy of this letter, I am requesting Kathy Powell to place this
property on the HCAD tax rolls as exempt from taxation. It is HCAD
Account No. 1146930390049.
Thank you for your cooperation in this matter.
Yours very truly,
ox W. Askins
KWA:sw
Enclosure
CC: Ms. Katherine R. Powell
Tax Collector
City of La Porte
Mr. John Joerns
Acting City Manager
City of La Porte
Mr. Richard Reff
Chief of Police
City of La Porte
!7M/'Ltl17•L 1�:4b zal-4/7-0419
P:rA-%►P+?O By
LE COMPANY
GENERAL WARRANTY DEED
Date: La- In , 2002 W295334
12/17/02 100021245 01.00
Grantor: Eddie V. Gray, Trustee
Mailing Address: P.O. Box 638, Baytown, TX 77522-0638
Grantee:* City of La Porte, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 �v
Consideration: Ten and No/100 Dollars ($10.00) cash and other good
and valuable considerations
I
I
I
{
y Property (including any improvements):
i The Reserve of FAIRMONT PARK WEST, SECTION FIVE (5), a
subdivision in Harris County, Texas, according to the map
or plat thereof recorded in Volume 294, Page 78 of the
Map Records of Harris county, Texas.
Reservations from and Exception to Conveyance and Warranty: This
conveyance is made subject to all and singular the restrictions,
conditions, oil, gas, and other mineral reservations, easements,
and covenants, if any, applicable to and enforceable against the
above described property as reflected by the records of the county
clerk of the aforesaid county.
1"L/t3t11ZVVX 1D:4D LOl-q"-tl4L7 WILKIW14 1XILc r.wac v�
Grantor for the consideration and subject to the reservations from
and exceptions to conveyance and warranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors to
warrant and forever defend all and singular the property to Grantee
and Grantee's heirs, executors, administrators, successors, and
assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof, except as to the reservations
from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the
plural.
Eddie V. Gray, Tru to
STATE OF TEXAS Q
COUNTY OF HARRIS $
This instrument was acknowledged before me on the lop -%day of
2002, by Eddie V. Gray, Trustee.
SARA S HART N5tary Public
NOTARY PUBLIC
IY ' State of Texas State of Texas
T'cofr�Cornni c'xp. 08-29-2004
AFTER RECORDING RETURN TO%
ASRINS & ARMSTRONG, P.C., /
P.O. Sox 1218 �/
La Porte, TX 77572-1218
PREPARED IN THE LkW OFFICE OF:
ASRINS & ARMSTRONG, P.C.
P.O. Sox 1218
La Porte, TX 77572-1218
►�1� � �rC�RU6FffllFUEfpllm
THE STATE OF TEX4S ���WISI IFIM p64 RM
COUNTY OF SIft
�OAOED6 �p�014/6hOd4llr
Rm16dAa1pepe4dM�
DEC 17 2002
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MEETING HANDOUTS
TEXAS MUNICIPAL RETIREMENT
SYSTEM - DAVID RODRIGUEZ
MEMBERSHIP DEVELOPMENT
MANAGER
• ESTABILSHED 1948 DISABILITY &
SERVICE RETIREMENT SYSTEM -
CITIES & MUNICIPALITIES
• Over760 CITIES
• 120,000 MEMBERS
• 20,000 RETIREES
• TRS - TEACHERS RETIREMENT SYSTEM
• ERS EMPLOYEES RETIREMENT
SYSTEM
• TCDRS - TEXAS COUNTY AND
DISTRICT RETIREMENT SYSTEM
i
• TRS, ERS, TCDRS - DEFINED BENEFIT
-PLANS
• TMRS - HYBRID DEFINED
CONTRIBUTION PLAN
• COUNCILS CHOOSE TO JOIN
• DETERMINE PLANS -EMPLOYEE DEPOSIT
RATE, ;CITY MATCH
• 760 DIFFERENT PLANS
• ACTUARIAL STUDY
• MATHMATICIAN
• CREATES A HISTORY TO PREDICT THE
FUTURE
• EACH CITY HAS ITS OWN PLAN AND OWN
HISTORY - 760 STUDIES/YEAR
• ALWAYS VERY ACCURATE
• CITY MATCH OF EMPLOYEE DEPOSITS
(DEFINED CONTRIBUTION)
• USC -DEFINED BENEFIT
• PRIOR SERVICE - DEFINED BENEFIT
• BUY BACK - DEFINED CONTRIBUTION
• UPDATES EMPLOYEES ACCOUNTS
• UPDATES ACCOUNTS TO THE STANDARD OF
LIVING THEY WILL HAVE UPON RETIREMENT
• RUN YEARLY JAN 315T (WILL BE PRORATED
BEGINNING JAN 1, 2002 LAW CHANGE)
• BASED ON SALARY CHANGES OR PLAN
CHANGES
• 3 YEAR ROLLING WINDOW THROUGH
THE CAREER
• ALWAYS 1 YEAR IN ARREARS