HomeMy WebLinkAbout2003-08-25 Regular Meeting
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CONSENT AGENDA
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MINUTES OF THE REGULAR MEETING OF
THE LA PORTE CITY COUNCn.
August 25, 2003
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilmembers Peter Griffiths, Howard Ebow, Bruce
Meismer, James Warren, Charlie Young, Mike Mosteit, Barry Beasley and Norman Malone
Councilmember Chuck Engelken arrived at 6:25 p.m.
Members of Council Absent: None
Members of City Executive Staff and City Emolovees Present: City Manager Debra Feazelle,
Assistant City Manager John Joerns, City Manager's Administrative Assistant Crystal Scott,
Emergency Services Joe Sease, Assistant City Attorney Clark Askins, City Secretary Martha
Gillett, Police Chief Richard Reff, Finance Director Cynthia Alexander, Finance Assistant
Director Michael Dolby, Public Works Assistant Director Buddy Jacobs, Special Services
Superintendent Karen Beerman, Parks and Recreation Director Stephen Barr, Purchasing
Manager Susan Kelley, Golf Pro Alex Osmond and Assistant City Secretary Sharon Harris
Others Present: Delia Claus, Spero Pomonis, Sue Gale Mock Kooken, Carol Christian of "The
Houston Chronicle This Week", Nick Barrera, Dave Turnquist, Charlie Doug Boyle, Betty
Waters, Leon Waters, Cheryl Thomas, Colleen Hicks, Bill Scott, Ann Hayes, Roy Myers,
Michelle DeBusk, Robyn Compton, Melissa Montehegro, Daniel Castai'ion, David Guerrero,
Walter Cantrell, Krystal Hayman, Corey Krampen, Brandon Weaver, Beth Rickert, Susan Hoots,
LP Junior High Coach Principal David Pirtle, Boy Scout Troop 737 and a number of citizens and
scouts.
2. Councilmember Ebow delivered the invocation.
3. Mayor Malone led the Pledge of Allegiance.
4. PRESENTATIONS/PROCLAMATIONS
Mayor Malone presented Cheryl Thomas, a member of the Board of Trustees, Texas Gulf Coast
Chapter, The Leukemia & Lymphoma Society, a proclamation for the Leukemia & Lymphoma
Awareness Month.
Mayor Malone presented Brandon James Weaver, a student from La Porte Junior High School,
with a "Brandon James Weaver Day" proClamation. Joining Brandon were Beth Rickert, Susan
Hoots and Principal David Pirtle.
Mayor Malone presented Clark Askins With a Certificate of Appreciation for his devoted and
invaluable service rendered to the City of La Porte.
5. CONSENT AGENDA
A. Council to consider approval or other action of the Minutes of the Regular Meeting, Public
Hearing and Workshop Meeting held August 11,2003.
City Council Regular Meeti'nd Workshop Meeting - August 25, 2_- Page 2
B. Council to consider approval or other action of the Budget Workshop Meetings held August
18 and 19,2003.
C. Council to consider awarding ~ bid for the Annual Supply of Street Materials as presented by
Purchasing Manger Susan Kelley and Public Works Assistant Director Buddy Jacobs.
D. Council to consider awarding a bid for concessions at Bay Forest Golf Course as presented by
Golf Pro Alex Osmond.
E. Council to consider approval of an Interlocal Agreement with Harris County to provide
fencing for the proposed Sylvan Beach Skateboard Park as presented by Parks and Recreation
Director Stephen Barr.
Motion was made by Councilmember James Warren to vote and approve on all items ofthe
Consent Agenda simultaneouslv and discuss Item E. Second by Peter Griffiths. The motion
carried.
Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA
Barbara Norwine - unable to attend the meeting d~e to a death in the family.
Bill Scott - 1802 Lomax School Road - La Porte, Texas - informed City Council of poor
drainage in the ditch in front of their home (4 feet deep, 450 feet long); further alleging his
neighbor has an illegal culvert plugged with silt. The City informed Mr. Scott to leave the culvert
plugged and dig the ditch in front of their property deeper. After complaining, a small portion
was backfilled trying to change the drainage; claiming they left the culvert plugged due to the
County ditch also being silted. The City should be working with the County to unplug the ditch,
not using it as an excuse. Mr. Scott questioned what the City is going to do about illegal fill dirt
on the Blackwell's property.
7. Council to consider approving a resolution nominating Bill Harry as candidate for a position on
the Board of Directors of the Harris County Appraisal District.
Mayor Malone gave the summary and recommendation and answered Council's questions.
Assistant City Attorney read: RESOLUTION 2003-23 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA PORTE, TEXAS, NOMINATING A CANDIDATE FOR A
POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL
. DISTRICT.
Motion was made. by Councilmember Beasley to approve Resolution 2003-23 as nresented by
Mayor Malone. Second by Councilmember Griffiths. The motion carried.
Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
City Council Regular Meetilnd Workshop Meeting - August 25, 2_. Page 3
8. Council to consider approving an ordinance authorizing an agreement between the City and
Bayou Housing Partners to construct a model home at 330 N. 5th Street.
City Planner Gwen Goodwin gave the summary and recommendations and answered Council's
questions.
Assistant City Attorney read: ORDINANCE 2003-2649 - AN ORDINANCE APPROVING
AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BAYOU
HOUSING PARTNERS, INC. FOR CONSTRUCTION OF A MODEL HOME AT 330 N. 5TH
STREET, ALSO DESCRIBED AS LOTS 1 & 2 OF BLOCK 80, LA PORTE, TX 77571, AS
PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY
OF LA PORTE, TEXAS; APPROPRIATING $90,500.00 TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTNE DATE HEREOF.
Motion was made by Councilmember Warren to apDrove Ordinance 2003-2649 as presented bv
Ms. Goodwin. Second by Councilmember Young. The motion carried.
Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
9. Council to consider approving an ordinance authorizing the City Manager to execute a contract
with the Port of Houston for Emergency Medical Services.
Director of Emergency Services Joe Sease gave the summary and recommendation and answered
Council's questions.
Assistant City Attorney read: ORDINANCE 2003-2650 - AN ORDINANCE APPROVING
AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE
PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR EMERGENCY
MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTNE DATE HEREOF.
Motion was made by Councilmember Ebow to approve Ordinance 2003-2650 as presented by
Mr. Sease. Second by Councilmember Young. The motion carried.
Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
10. Council to consider approving an Ordinance authorizing the City Manager to execute a contract
with the Port of Houston for Secondary Fire Protective Services.
Director of Emergency Services Joe Sease gave the summary and recommendation and answered
Council's questions.
Assistant City Attorney read: ORDINANCE 2003-2651 - AN ORDINANCE APPROVING
AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE
PORT OF HOUSTON AUTHORITY, FOR PROVIDING SECONDARY FIRE SUPPRESSION
SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
City Council Regular Meetilnd Workshop Meeting - August 25, 2_- Page 4
SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilmember Beasley to aoorove Ordinance 2003-2650 as presented by
Mr. Sease. Second by Councilmember Griffiths. The motion carried.
Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
11. Council to consider approving Ordinance 1000-I-N to allow a new applicant to sell beer and/or
wine at the Happy Cajun Restaurant.
City Secretary Martha Gillett gave the summary and recommendation and answered Council's
questions.
Assistant City Attorney read: ORDINANCE I OOO-l-N - AN ORDINANCE OF THE CITY OF
LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA AT A
RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES
MAY BE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Motion was made bv Councilmember Meismer to aoorove Ordinance 1 OOO-l-N as oresented bv
Ms. Gillett. Second by Councilmember Engelken. The motion carried.
Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
12. Council to consider approving an ordinance appointing members to various boards and
commissions.
MayorNorrnan Malone gave the summary and recommendation and answered Council's
questions.
Assistant City Attorney read: ORDINANCE 2003-2652 - AN ORDINANCE APPOINTING
MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITfEES, OF THE CITY
OF LA PORTE, PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING
CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made bv Councilinember Meismer to aoorove Ordinance 2003-2652 as presented by
Mavor Malone. Second by Councilmember Griffiths. The motion carried.
Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
13. Council to consider approval of the recommended date of September 8, 2003 for the Public
Hearing on the City's FY 2003-2004 Proposed Budget.
City Council Regular Meetilnd Workshop Meeting - August 25, 2_. Page 5
Director of Finance Cynthia Alexander gave the summary and recommendation and answered
Council's questions.
Motion was made by Councilmember Griffiths to approve the date of Seotember 8. 2003. for the
Public Hearinl! on the City's FY 2003-2004 Proposed Budl!et as Dresented bv Ms. Alexander.
Second by Councilmember Ebow. The motion carried.
Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
14. WORKSHOP
The Regular Meeting closed and the Workshop Meeting opened at 6:37 p.m.
A. Special Services Superintendent Karen Beerman discussed senior meals and the August
menu.
B. Mayor Malone discussed appointments of outstanding boards and commissions vacancies
and possible new appointments.
C. Martha Gillett discussed the Christmas Tree Lighting Ceremony.
The Workshop closed and the Regular Meeting reconvened at 7:00 p.m.
15. ADMINISTRATIVE REPORTS
City Manager Debra Feazelle announced City offices will be closed Monday, September 1, 2003,
in observance of Labor Day.
Ms. Feazelle stated the'Legislative Wrap-Up Breakfast will be held Wednesday, September 10,
2003, at the Hobby Hilton Hotel at 7:30 a.m.
Ms. Feazelle stated the 6th Annual Health and Safety Fair will be held Saturday, September 13,
2003, at La Porte High School from 9:30 a.m. until 2:30 p.m.
Ms. Feazelle stated the City Health and Benefits Fair for employees will be held Friday,
September 19,2003, at the La Porte Recreation and Fitness Center from 9:00 a.m. until 4:00 p.m.
Ms. Feazelle asked Administrative Assistant Crystal Scott to give an overview of the Youth
Council Program.
16. COUNCIL COMMENTS
Councilmembers Engelken, Ebow, Meismer, Malone, Mosteit, Warren, Griffiths, Beasley and
Young had comments.
17. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551.071 THROUGH 551.076,551.086, TEXAS GOVERNMENT CODE,
(CONSULTATION WITH ATTORNEY, DELffiERATION REGARDING REAL
PROPERTY, DELffiERATION REGARDING PROSPECTIVE GIFT OR DONATION,
PERSONNEL MATTERS, DELffiERATION REGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN
City Council Regular Meet'and Workshop Meeting - August 25, 21- Page 6
INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS.
551.074 - PERSONNEL MATTER
MEET WITH CITY SECRETARY ON ANNUAL PERFORMANCE EVALUATION.
MEET WITH CITY MANAGER ON GOALS.
Council retired into Executive Session at 7:30 p.m.
Council reconvened the Council Meeting at 8:38 p.m.
18. CONSIDERATIONS AND POSSmLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
There was no action taken during Executive Session.
12. RECONSIDERATION OF ITEM 12
City Manager Debra Feazelle brought to Council's attention the advice of legal counsel to
reconsider Item Number 12, amending Section 14. Section 14 reads - This Ordinance shall be
effective from and after its passage and approval, and it is so ordered, and takes effect
immediately. The amendment that needs to be included after approval is an exception, this is
what the motion needs to be; with exception of Planning and Zoning and the Zoning Board of
Adjustments appointments, these effective dates shall be September 1,2003. Again, for the
record, this is because Planning and Zoning and the Zoning Board of Adjustments already have
meetings posted and scheduled.
Motion was made bv Councilmember Warren to approve the amendment of Section 14 of
Ordinance 2003-2652. Second by Councilmember Griffiths. The motion carried.
Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
19. There being no further business to come before Council, the Regular Meeting and Workshop
Meeting was duly adjourned at 8:40 p.m.
Respectfully submitted,
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'-1YltJM:l1tLl/JDitf
Martha Gillett
City Secretary
Passed and approved on this 8th day of September 2003
~tJi;?,/~
/ j~ Malone, Mayor
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Se tember 8 2003
Requested By: ~tbi. AlenDde. ~\r'
Department: Finance
AODroDriation
Source of Funds: General & Utility
Account Number: Multiole
Report: XX Resolution:
Ordinance:
Amount Budgeted: !Im ,200.00
Exhibits:
Sole Source Information for Mail Machine
Amount Requested:
531.200.00
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
The City out-sources the printing and mailing of the water utility bills, and has experienced various problems
with the current vendor, including, but not limited to their failure to process a billing cycle.
To remedy this, and to regain control of the Utility Billing process, we have elected to handle this process in-
house. This will be most effectively accomplished through the lease of a Pitney Bowes Mail Machine - "PB
First", which will assist us in the processing of this and several other functions. This equipment will not only
be cost effective in the area of postage, but will also allow the City to process by a faster laser-printing process
other jobs currently handled by printers in-house - (i.e. Tax Statements, Payroll Checks, Accounts Payable
Checks, W-2's, 1099's, and Garbage Bag Coupons).
The "PB First" machine is leading edge. The Laser Printing Technology prints up to forty (40) pages per.
minute, is capable of duplex printing, and utilizing MICR toner for check processing. All of the printing can
be processed on a paper product, eliminating the need for the purchase of expensive check stock.
Time and labor savings will also be realized greatly with the Pitney Bowes "PB First". After processing the
printing job requested, the machine would then fold, insert the job, add any additional inserts and seal the
envelopes for mailing. At this time, the Tax Division alone spends two (2) weeks folding and stuffing the
annual tax statements to mail to citizens in La Porte. With the "PB First", this process could be done in
approximately four (4) how:&;
This equipment interfaces with our AS400 system, and is not available by any other vendor, therefore it is
considered!l sole source. The annulillease cost of this equipment is $31,200.00, a savings of $8,400.00 over
current costs.
Action Reauired bv Council:
Consent Agenda: . Award contract for Sole Source Mail Machine Lease to Pitney Bowes.
Approved for City Council Ae:enda
1JI;r..!:d~oa~ f f ~ /
r-d -03
Date
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From:
Debra Feazelle, City Manager
Cynthia Alexander, Director of Finance J
CITY OF LA PORTE
FINANCE DEPARTMENT
ACCOUNTING DIVISION
To:
Re:
Lease of Pitney Bowes Mail Machine
Date:
August22,2003
I recently requested approval from your office to Lease a Pitney Bowes Mail
Machine - "PB First" for the Finance Department. This equipment will not only be
cost effective in the area of postage, but will also allow the City to process by a
faster laser printing process, jobs currently done by printers in-house, or at a
higher cost by an outside vendor.
The current jobs being processed at a slower pace with in-house printers are:
Tax Statements
Payroll Checks
Accounts Payable Checks
W-2's
1099's
Garbage Bag Coupons
An outside vendor is currently printing the Utility Bills:
Questmark Printing
This process will allow us to regain control of the Utility Billing process. At this
time we are experiencing problems with the outsourcing such as, not processing
one billing cycle, late mailing of utility bills and difficulty with getting inserts to the
vendor for processing.
The Laser Printing Technology prints up to forty (40) pages per minute, capable
of duplex printing and utilizing MICR toner for check processing. All of the
printing can be processed on a paper product, eliminating the need for the
purchasing of expensive check stock. No more waste of blank checks while
setting up alignment, no more time-consuming bursting, decollating or check
signing. No more maintenance of line printers, bursters, or check re-sequencing
problems.
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This process will also improve security for the City. The system will detect any
data modification - duplicate checks, change of payee, amount or account
number.
Timesavings will also be realized greatly with the Pitney "Bowes "PB First". After
processing the printing job requested, the "PB First" would then fold, insert the
job, add inserts and seal the envelopes for mailing. At this time, the Tax Division
alone spends two (2) weeks folding and stuffing the annual tax statements to
mail to citizens in La Porte. With the "PB First", this process could be done in
approximately four (4) hours.
As "addressed previously, the "PB First" will speed up delivery and get big postal
discounts. The system provides an automated interface to Pitney Bowes
SmartMailer Addressing Software so we can:
. Correct addresses and add ZIP+ 4 Code to insure and speed delivery
. Print postal codes, presort, print tray labels, traying instructions and postal
form for maximum postal discounts.
As noted in the attached letter from Pitney Bowes, this equipment, which
interfaces with our AS400 system, is not available by any "other vendor and
considered a sole source. At this time I respectfully request approval from
Council for the lease of this cost effective/time saving equipment. The annual
lease cost of this equipment is $31,200.00. For additional information concerning
the actual cost savings, please see attached memo.
The proper procedures for this sole source procurement have been discussed
with the Purchasing Manager, Susan Kelley.
Attachments
CAlld
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CITY OF LA PORTE
FINANCE DEPARTMENT
ACCOUNTING DIVISION
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To:
Debra Feazelle, City Manager
From:
Cynthia Alexander, Director of Finance
Re:
Pitney Bowes Mail Machine
Date:
August 14, 2003
I have listed below the annual cost savings for the City of La Porte to lease a
Pitney Bowes Mail/Printing Machine. This mail machine will be housed in the
back portion of the Inspection Division, or the area behind the switchboard, but
the area behind the switchboard is currently assigned to the City Secretary's
Office.
Please advise if you require additional information.
PITNEY BOWES MAIL MACHINE INFORMATION
I I
Pitney Bowes Machine Annual Current Annual City Cost
Cost
$31,200.00 Annual Lease $18,000.00 Questmark Printing
41,4 72.00 Postage with PB 47,925.00 Postage for Utility Bills
Paper for printing Printing Garbage Coupons
1,000.00 Statements & 5,000.00
Checks
650.00 Inserts for Utility Bills
8,000.00 Labor for Tax Statements
700.00 Maintenance for
Burster/Signer
900.00 AlP Checks <
900.00 Payroll Checks
$73,672.00 Total Pitney Bowes $82,075.00 Total Annual City Cost
Annual Cost
Total Annual Savings '$8,403:00
08/20/2003 2:11 PM FROM: Fax Pitney Bowes State Government Sales TO: +1(281)-471-7168
PAGE: 002 OF 002
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Ahg;n::'1 '18.., 2003
Mr, George Wt)chic.ke
Marki.'tlt'lg l\.j;;:nager
Pitu~y Bowes fn.c.
World Ht'adi.plarr.ers
1 ElnICmtl Road,
Starnford, CT 06926
Dear Mr. WOt-"'-h1cke;:
11 }~ my lmOel's1.a1tdin.g that fmm time to titne potemjol custonwrs request comments from Phney
fkm.'cs regarding th~' uliique <md pro-prif:.t{lf)' nature of Qur products, Mort; ~\p<ccHkl;lny. .some
pot~n1i(,Jl customers inquire ahou\" the: PH rn~sTl" Text file Mal1&.gcm.cnt '1'(,)01.
Please he advised that PH FlRST"tM is' a fun~f{'.ahl.(cd softW:ift: tool lor nlfUl8ging (Jro.p-mt-ing,
.rcfom1.atting, sorting. etc.) tc:r.t b;!1St.'d print files and i.s based on Pitney Bo\vesj propriN~ll'Y
tec.l)nology, <::or..i1demial intbrmaHon and km:nv-nQw. PB FIRST'~ includes numerous ff:tl1uH,~ and
t.edmology thai: UtI:- coyered hy a United Stales paten.t .and various copyright9 ownc-d by P{tn~~y
Howe.s. StiH 1l11<.;lher United Stat.e-<; 'patet!t :::.pplkalinn is pending.
A41dju{lnaHy, PB FlRStN lS spedfkuUy d(:signcd to ~eam!eS!ily interH.ll:.c Wtth various Pitney
Bowes mailing systems, s.uch its: the DOCUMATCH~ lotegn.;.l:ed !\.faiHllg System. the DIJ50
Offiee.Right' inserting Syst-ern, tb.e. DJ400.FasfPac'" inserting System, and the DlSOO Fastl);}C'!~
lmerfing Sysrem. If! other words, PH FIRST'''' (llll'Pi,ns a eompntible print data me for use by uthl-:f
Pitney Rowe:s pwdiJ.cts. Print dara fU~ origin.ati11S from t,thcr jJS,m.Pimey Bo\\<e,s produc(s mi:ty
!'lOt ne.c.,=.~sarily be cot1ipatihie \'~ith the Pitney Bowes. fl'trniing sy~1.c-mr.. F\irthem)on~, ~be .fCverse is
i!si.~ tttre, In (lIner ,'mrds; fhe 1"13 FfRST~" ontput may .not n-ect5snrHy be (.~om?a{ible with nr,}Tl-
Pitney ~lowcs prudu<:.{s.
Since its intrndtlction, PB FiRst.... has beet! p.roviding a level of H.mcriQr~li!y tnin is \1nm>>!ched in
the industry. .BC"~allse 0,1' !he <tforeme~tio.~ed inf.eHe<~tua! property po~i.bho..PiU~J[Bo>,ve~ is t.he
only sourc.e of. supply for tnc features. aC5t~nbe-d above as. rmpkmenled ill fiB !<IRS f .
1 i:;{)pe thig hiformottion is useful. J f YQuor the po.l~J1tial customers have allY questions {,)r {"(,Ulccrns,
pkase dQ no'! hesjt.itt~ tt! co~rt<)ct me.. . .
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STATE AND LOCAL GOVERNMENT TERM RENTAL AGREEMENT I
~
Your Business Infonnation
CAN #
ORDER #
DBA NAME
ZIP+4
CITY
EQUIPMENT LOCATION IF NOT SAME AS ABO
CREDIT CARD #
--r
EXPDATE
NAME ON CARD
TYPE
TAX EXEMPT #
FISCAL PERIOD FROM
TO
RENTER PO #
~
Your Business Needs
CWC7~i. ,,~itJ:i!rent & .s:eniices Description Equipment DescrIption (New. R~. Demo, Newiy Remanufactured)
,.\ '.,' '.t..r,
- -
/ VY'I VI ...l
CHECK ITEMS TO BE INCLUDED IN YOUR PERIOD PAYMENT
t& Equipment Maintenance Agreement On Rental
o Soft-Guard Agreement
;31 Software Maintenance Agreement
o Meter On Rental
~..
:;::::::;\
~~......
Payment Schedule I Billing
~ Your Payment Plan
Initial Rental Term: S7
Frequency 0 Monthly 0 Quarterly 0 Other (specify )
Rrst S months $ O()per monlh
Next months $ per monlh
Next monlhs $ per monlh
Rnal Payment $ 100.00
;y/;'.~~
r
~ Rental Tenns and Conditions
Initial Check Amount
SIGNATURE ')(.
PRINT NAME
PB ACCOUNT REP NAME
$
By your signature as "Renter" below, you request that we rent to you the equipment described above or on any schedule
attached hereto (the "Equipment") for essential govemmental purposes in consideration of your payment to us of the amounts
set forth in the Payment Schedule, subject to the terms and conditions provided in this Agreement. For purposes of this
Agreement, all payments set forth in the Payment Schedule shall be referred to as the "Total Payments," The payments
referred to in the Payment Schedule other than the "Rnal Payment" shall be referred to singularly as a "Period Payment"
and collectively as the "Period Payments." Your offer will be binding on us when we accept it by having an authorized
employee sign it. All payments hereunder shall be payable only to us at our executive offices unless we direct you
otherwise in writing.
1. NON,APPROPRIATlON. You warrant that you have funds available to pay the Total Payments until the end of your
current fiscal period, and shall use your best efforts to obtain funds to pay the Total Payments in each subsequent fiscal
periOd through the end of your Initial Term, n your appropriation request to your legislative body, or funding authority
("Goveming Body") for funds to pay the Total Payments is denied, you may terminate this Agreement on the last day of the
fiscal period for which funds have been appropriated, upon 0) submission of documentation reasonably satisfactory to us
evidencing the Governing Body's denial of an appropriation sufficient to continue this Agreement for the next succeeding
fiscal pe-Hod, and on satisfaction of all charges and obligations under this Agreement incurred through the end of the fiscal
periOd for which funds have been appropriated, including the return of the Equipment at your expense.
TITLE
DATE
EMPLOYEE #
DISTRICT NAME & #
PB ACCEPTED BY TITLE DATE
EXECUTIVE OFRCE: 27 WATERVlEW DR · SHELTON, CT 06484-4361 · EQUIPMENT VENDOR: PITNEY BOWES, INC. . FOR SALES AND SERVICE CALL 1-800-322-8000
WHITE COPY PBCC · PINK COpy PITNEY BOWES INC. · YELLOW COpy CUSTOMER
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=rnFr= Pitney B~s
BILLING ADDRESS
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STATE AND LOCAL GOVERNMENT TERM RENTAL AGREEMENTI
Rental Account #
CAN #
ORDER #
ZIP+4
EQUIPMENT LOCATION IF NOT SAME AS ABO
CREDIT CARD #
-?-
EXP DATE
NAME ON CARD
TYPE
TAX EXEMPT #
FISCAL PERIOD FROM
TO
RENTER PO #
~
Your Business Needs
Qty Model Equipment & Sentices DescriptiOn E~ Qesqiption ~ Aecoi1ditiOOed, Demo, Nwdy Aemllr1Ufac/ured
CHECK ITEMS TO BE INCLUDED IN YOUR PERIOD PAYMENT
-j([,Equlpment Maintenance Agreement On Rental
o Soft-Guard Agreement
~oflware Maintenance Agreement
o Meter On Rental
~\\
~~
(I
Payment Schedule I Billing
~ Your Payment Plan
Initial Rental Term:
Frequency 0 Monthly 0 Quarterly 0 Other (specify
~ Rental TenDS and Conditions
First mon1t1s $ per mon1t1
Next mon1t1s $ per mon1t1
Next mon1t1s $ per month
Final Payment $ 100.00
By your signature as "Renter" below, you request that we rent to you the equipment described above or on any schedule
attached hereto (the "Equipment") for essential governmental purposes in consideration of your payment to us of the amounts
set forth in the Payment Schedule, subject to the terms and conditions provided in lhis Agreement For purposes of this
Agreement, all payments set forth in the Payment Schedule shall be referred to as the "Total Payments." The payments
referred to in the Payment Schedule other than the "Rnal Payment" shall be referred to singularly as a "Period Payment"
and collectively as the "Period Payments." Your offer will be binding on us when we accept it by having an authorized
employee sign it. All payments hereunder shall be payable only to us af our executive offices unless we direct you
otherwise in writing.
1. NON,APPROPRIATlON. You warrant that you have funds available to pay the Total Payments until the end of your
current fiscal period, and shall use your best efforts to obtain funds to pay the Total Payments In each subsequent fiscal
periOd through the end of your Initial Tenn. If your appropriation request to your legislative body, or funding authority
("Governing Body") for funds to pay the Total Payments is denied, you may terminate this Agreement on the last day of the
fiscal period for which funds have been appropriated, upon (ij submission of documentation reasonably satisfactory to us
evidencing the Governing Body's denial of an appropriation sufficient to continue this Agreement for the next succeeding
fiscal pl!{iod, and QQ satisfaction of all charges and obligations under this Agreement incurred through the end of the fiscal
period for which funds have been appropriated, including the return of the Equipment at your expense.
Inilial Check Amount
$
SIGNATURE
PRINT NAME
PB ACCOUNT REP NAME
EMPLOYEE #
TITLE
DATE
DISTRICT NAME & #
PB ACCEPTED BY TITLE DATE
EXECUTIVE OFFICE' 27 WATERVIEW DR · SHELTON, CT 06484-4361 · EQUIPMENT VENDOR: PITNEY BOWES, INC. . FOR SALES AND SERVICE CALL 1-800-322-8000
WHITE COPY PBCC · PINK COpy PITNEY BOWES INC. . YELLOW COPY CUSTOMER
PAGE 1
PB SLR2 (8/01) SEE PAGE 2 FOR ADDITIONAL TERMS AND CONDITIONS [
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Aoorooriation
Agenda Date Requested: Se
Department:
Acc't Number:
001-8080-552-2007
Report: -X-Resolution: _Ordinance: _
Amount Budgeted:
525,000
Exhibits:
Sealed Bid #0895
Amount Requested:
515,000
Exhibits:
Notice to Bidden
Bud d Item: YES X NO
Exhibits:
~y & lp;~OMMENDATIQN
Sealed Bid #0895 for an Calcium Hypochlorite Briquettes for the municipal pools was sent to five
vendors. Bids were opened on August 18,2003 with two vendors responding.
Staff recommends acceptance of the bid from R & K Commercial Aquatics Services at $1.65 per pound,
as low bidder meeting specifications for this tenn contract.
4.ctiOD Reauired by Couneil:
Consider approval and issuance of a tenn contract with R & K Commercial Aquatics Services for calcium
hypochlorite briquettes for La Porte municipal pools.
ADDroved for City Council Asr:enda
~~
Debra B. FeazeDe, City ager
(1'.-;2 -OS
Date
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
PURCHASING DIVISION
To:
Stephen Barr, Director of Parks & Recreation
Bert Clark, Parks Superintendent
Ginger Shaw, Purchasing Tech. II 6S
Bid #0895 - Calcium Hypochlorite Briquettes.
From:
Subject:
Date:
August 21, 2003
Advertised, Sealed Bids #0895 - Calcium Hypochlorite Briquettes were opened and read
on Monday, August 18, 2003. Bid requests were mailed to five (5) vendors with t\yo (2.)
returning bids.
Copies of the bids are attached for your review. Purchasing will be happy to assist in the
evaluation process, if requested.
This bid may be placed on the agenda for the City Council meeting on September 8,
2003. Please remember to submit. your recommendation with an agenda request form
to the City Secretary, Finance 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 Copies
Bid Tabulation
Bidder's List
r AU~~~'~03 I
D",";"~ !)"1i R- ~... De t
I en ........ ~llv'1 ~s Q~a..I''''.
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BID TABULA TION
BID #0895 - CALCIUM HYPOCHLORITE BRIQUETTES
R&K TEXAS
DESCRIPTION QTY COMMERCIAL SOUTHWEST '
AQUATIC
Calcium Hypochlorite Briquettes (per pound) 12,000 $1.60 $1.65
Total $19,200.00 $19,800.00
Information reflects pricing only and other factors
may be considered during the evaluation
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BIDDER'S LIST
SEALED BID #0895
CALCIUM HYPOCHLORITE BRIQUETTES
AQUA-REC
606 PROFIT STREET
AZLE,TX 76020
LINCOLN EQUIPMENT
P.O. BOX 890192
HOUSTON, TX 772895
R & K COMMERCIAL AQUATIC
3910 FAIRMONT PARKWAY #373
PASADENA, TX 77504
SOUTHWEST TEXAS AQUATICS
1305 BROADWAY
PASADENA, TX 77506
SUNBEL T POOLS
10555 PLANO RD
DALLAS, TX 75238
BAYSHORE SUN PUBLISH DATES:
AUGUST 3, 2003
AUGUST 10, 2003
CHAMBER OF COMMERCE
P. O. BOX 996 .
LA PORTE, TX 77572-0996
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds: General Fund
Account Number: Various
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Agreement
Amount Requested:
Exhibits:
Lellal Opinion Letter
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
On July 17, 2003, Executive Staff requested Purchasing to begin a trial program using Procurement Cards. Parks
and Recreation and Administrative Services Departments will begin utilizing the P-Cards on October 1,2003.
The Texas Building and Procurement Commission Cooperative Purchasing Program (TBPC Coop) negotiated a
contract with Bank One in June 2003 for a three (3) year contract, ending August of 2006. The City of La Porte has
issued a requisition to participate in this state contract, utilizing the interlocal agreement approved by City Council
July 12, 1994.
City staff is developing detailed policy and procedures that will be completed prior to implementation of the
Procurement Card Program. The objectives are to eliminate multiple invoices used for small dollar purchases and
provide a tracking system of expenditures with software provided by Bank One. In addition, the City will receive a
.75% rebate of the dollar amount spent by using the Procurement Cards.
Attached are the documents requested by Bank One to activate the City's participation with the program.
Staff Recommendation:
Action Required bv Council:
Authorize Staff to proceed with Procurement Card Program with Bank One through State Coop.
Aooroved for Cltv cooo~ A;V
ger
r -:2-D ?;J
Date
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8ANK~ONE
AGREEMENT BETWEEN
("TBPC Co-Op Entity Name")
("TBPC Co';Op Entity Account Number")
and BANK ONE, NA
FOR PROCUREMENT CARDS
As an authorized member of The Texas Building & Procurement Commission (TBPC) Co-Operative
Purchasing Program, (Co-Op) the referenced Co-Op Entity is authorized to participate in the Bank One,
NA Procurement Card Contract, 946-AI, between Bank One, NA and TBPC.
Additional Representations and Warranties of Public Agencies
TBPC Co-Op Entity makes these additional representations and warranties, which are hereby included in
the contract document and agreement between Bank One and the Co-Op entity:
I. All TBPC Co-Op Entity Charges shall be for TBPC Co-Op Entity purposes.
2. The rights and obligations ofTBPC Co-Op Entity under this Agreement are duly authorized, Legal and
valid, and this Agreement is a binding obligation of the TBPC Co-Op Entity, enforceable against
TBPC Co-Op Entity in accordance with its terms, except as enforcement may be limited by
bankruptcy, insolvency and other laws affecting the enforcement of creditors rights and remedies in
general, or by the application of equitable principles if equitable remedies are sought.
3. Execution of this Agreement by TBPC Co-Op Entity and performance by TBPC Co-Op Entity of its
obligations under this Agreement will not (i) constitute or result in a breach or default under TBPC Co-
Op Entity's charter or any contract to which TBPC Co-Op Entity is a party or by which it is bound, or
(ii) result in the violation of any applicable law, regulation, ordinance, judgment, decree or order.
4. All approvals and authorizations required to pennit the execution, delivery, performance and
consummation by TBPC Co-Op Entity of this Agreement and transaction contemplated under this
Agreement have been obtained, including any necessary approvals and authorizations from other
governmental agencies
5. Any TBPC Co-Op Entity Charges by TBPC Co-Op Entity under this Agreement (i) are duly
authorized and constitute valid and binding obligations ofTBPC Co-Op Entity, enforceable against
TBPC co-Op Entity, (ii) shall not cause TBPC Co-Op Entity to exceed any legal limits applicable to
the TBPC Co-Op Entity Charges when made, and (iii) constitute the legal expenditures of TBPC Co-
Op Entity. . .
6. Contract is contingent upon. continued membership in TBPC Co-Op.
Prior to the Effective Date of this Agreement, TBPC Co-Op Entity shall deliver to Bank One the opinion
of its counsel (or other counsel acceptable to Bank One) as to the matters set forth in Paragraph 1-6 above,
which opinion shall be in the form and substance acceptable to Bank One.
Executed by duly authorized officers of the parties to be effective as of
(the "Effective Date") and continue until contract 946-Al is terminated, cancelled or expires.
BANK ONE, NA
TBPC Co-Op Entity Name
By
By
Print Name
Print Name
Title
Title
Date Signed
Date Signed
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SAMPLE LEGAL OPINION (please provide on letterhead)
Bank One, NA
Commercial Card Services
300 S. Riverside Plaza, 18th Floor
Chicago, IL 60670-0199
Re: The Bank One Purchasing Card System Agreement
Ladies and Gentlemen:
This opinion is rendered with respect to Bank One Purchasing Card Agreement between Bank
One, NA (the "Bank") and ("TBPC Co-Op Member"),
a public agency, dated (The "Agreement").
We have examined such documents, records and instruments and made such investigations of
law and fact as we have deemed necessary to render the opinions expressed herein.
Attached hereto are copies of statutes or ree:ulations that we relied upon in renderine: this
opinion
Based upon the foregoing, we are of the opinion that:
1. The rights and obligations of TBPC Co-Op Member under the Agreement are duly
authorized, legal and valid, and the Agreement is a binding obligation of the TBPC Co-Op
Member, enforceable against TBPC Co-Op Member in accordance with its terms, except as
enforcement may be limited by bankruptcy, insolvency and other laws affecting the
enforcement of creditors rights and remedies in general, or by the application of equitable
principles if equitable remedies are sought.
2. Execution of the Agreement by TBPC Co-Op Member and performance by TBPC Co-Op
Member of its obligations under the Agreement will not: (i) constitute or result in a breach or
default under TBPC Co-Op Member's charter or any contract to which TBPC Co-Op
Member is a party or by which it is bound, or eii) result in the violation of any applicable law,
regulation, ordinance, judgment, decree or order.
3. All approvals and authorizations required to permit the execution, delivery, performance and
consummation by TBPC Co-Op Member of the Agreement and transactions contemplated
under the Agreement have been obtained, including any necessary approvals and
authorizations from other governmental agencies.
4. Any TBPC Co-Op Member Charges by TBPC Co-Op Member under the Agreement: (i)
shall have been du1y authorized and constitute valid and binding obligations of TBPC Co-Op
Member, enforceable against TBPC Co-Op M~mber, (ii) shall not cause TBPC Co-Op
Member to exceed any legal limits applicable to the TBPC Co-Op Member Charges when
.made, (Hi) constitute the legal expenditures ofTBPC Co-Op Member.
This opinion may be relied upon by Bank,
APPROVED:
DATE:
SIGNATURE:
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APPENDIX A
PROPOSED FEES
BUllDING PERMITS:
Total Valuation
Fee
$1,000. and less
$1,001 to $50,000
$20.00
$20.00 for the first $1,000 plus $7.50
. for each additional thousand or fraction
thereof, to and including $50,000
$50,001 to $100,000
$387.50 for the first $50,000 plus
$6.00 for each additional thousand or
fraction thereof, to and including
$100,000
$687.50 fur the first $100,000 plus
$4.50 for each additional thousand or
fraction thereof, to and including .
$500,000
$;2,487.50 for the first $509,000 plus
$3.50 for each additional thousand or
fraction thereof
5100,001 to $500,000
$500,001 and up
RE-INSPECI'ION FEE
$20.00
MOVlNG FEE
For the moving of any building or structure:
$150.00
DEMOLmON FEE
F~ the demolition of any building or structure:
Plus: Property Owner, Refundable CaSh ~nd
Contractor, Refundable ~h Bond
$ 75.00 (Non-refundable)
$250.00 (Refun~l~)
$500.00 (Refundable)
. PENALTIES
~k is started without the ~quired .~rmit, the fee herein specifi~d shall be doubled.
The payment of such double fee shall not relieve any persons from fully complying with the
requirements in the execution of the work nor from any other applicable penalties.
S:\CPShare\INSPECTION DIVISION\IuspectioDs\Permit Fees Building.doc
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APPENDIX 'A
PROPOSED FEES
ELECTRICAL PERMITS:
Meter loop & service
(inCludes Temporary cut-in)
$
15.00
Reconnect of service
15.00
Temporary saw pole (T-pole)
15.00
OutletS (1 at 5)
(includes fixtures, lights.& switches)
3.00
OutletS (additional)
Clothes Washer I Dryer
.6Q each
2.00 each
3.00 each
Range receptacle
Cook Top or Oven
1.50 each
Garbage disposal
1.50 each
Dishwasher
1.50 each
Water heater
3.15 each
AlC Window Unit receptacle
3.00 each
Motors:
Up to ~h.p. ,
~ h.p. & up to 10 h.p.
10 h.p. & up to 50 h.p.
SO h.p. & over
Re-Inspection fees '
1.50 each
i.50 each
3.50 each
4.50.each
20.00
Permit Issue Fee
7.50
20.00 .
Minimum Permit Fee
PENALTIES
~rlc is Started with~t the req~~ permi~ the fee herein S~fied shall ~ dOubled
The payment of such dQUble fee shall nOt relieve any persons from fully cOmplying with the
requirements in the execution of the work nor from any other applicable penalties.
S:\CPShare\INSPECTION DMSION\Inspections\Permit Fees Electrical.doc
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APPENDIX A
PROPOSED FEES
PLUMBING PERMITS:
Fixtures/DrainslTraps
$
3.75 each
Sewer
(New, repair or replacement)
7.50 each
Septic Tank/Seepage Pit or Drain Field
15.00 each
Water Heater
3.75 each
Gap Piping System
(1- 40utlets,j1atfee)
7.50
Gap Piping System
(Over 4 outlets, per outlet basis)-
1.50 each
Water Piping and/or Water Treating Equipment
(Installation, alteration or repair)
7.50 each
Drain or Vent
(Repair or alteration)
7.50 each
Backflow Protection DeviceIV acuum Breaker
(1 - 5, each one)
(Over 5, each one)
3.75 each
2.25 each
Re-Inspection fees
20.00
Permit Issue Fee
15.00
Minimum Permit Fee
20.00
PENALTIES
W~ .
WAeB is work is started without-the required permit, the fee herein specified shall be
doubled. The payment of such double fee shall not relieve any persons from fully
complying with the requirements in the execution of the work nor from any other
applicable penalties.
S:\CPShare\INSPECTION DIVISION\Inspections\Permit Fees Plumbing.doc
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APPENDIX A
PROPOSED FEES
FUEL GAS CODE PERMITS:
(Gas permits shall be applied for and issued under the plumbing permit.)
Gap Piping System
(J - 4outlets,flatfee)
7.50
Gap Piping System
(Over 4 outlets, per outlet basis)
1.50 each
Re- Inspection fees
20.00
Permit hsue Fee
15.00
Minimum Permit Fee
20.00
~ ...1\ PENALTIES
W~ .
WI:1en-is work is started without the required permit, the fee herein specified shall be
doubled. The payment of such double fee shall not relieve any persons from fully
complying with the requirements in the execution of $e work nor from any other
applicable penalties.
S:\CPShare\INSPECllON DIVISION\lIl8pll(llicms\Permit Fees Fuel Gas.doc
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APPENDIX A
PROPOSED FEES
MECHANICAL PERMITS:
Heating, ventilating, ductwork, air conditioning and refrigeration systems.
First, $1,000 valuation, or .fraction thereof
$
15.00
Each additional $1,000 valuation or fraction thereof
3.00 .
Re- Inspection fees
20.00
Permit Issue Fee
15.00
Minimum Permit Fee
20.00
PENALTIES
W~ .
\Vhc8 is work is'started without the required permit, the fee herein specified shall be
doubled. The payment of such double fee shall not relieve any persons from fully
complying with the requirements in the execution of the work nor from any other
applicable penalties.
S:\CPSbare\INSPECTlON DlVISION\laspections\Permit Fees Mecbaaica1.doc
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CITY OF LA PORTE
Authorized Park Lots .
1-25
26-50
50 - 75
76 and over.
Manufactured Park
Proposed Annual License Fees
Annual Fee
$25.00
$35.00
$45.00
$55.00
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REQUEST. FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqgested: September 8. 2003
Requested By: N. Malone
Appropriation
Source of Funds:
Department:
City Council
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
--. - T
I iri...c
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
La Porte City Council to consider appointing a Voting Delegate and Alternate Voting Delegate for the City of La
Porte at the National League of Cities Conference on Saturday December 13,2003.
Action Required bv Council:
Discuss appointing an official Voting Delegate and Alternate Delegate for the City of La Porte at the National
League of Cities Conference.
ADD roved for City Council Aeenda
q/d -lJ3
Date
To strengthen e e
. and promote --
~.
cities as centers
of opportunity,
leadership, and
governance.
August 22, 2003
National League MEMORANDUM
of Cities
1301 Pennsvlvania Ave.., NW.
Washington, DC 20004-1763
202-626-3000
Fax: 202-626-3043
www.nlc.org
2OlI3 Officers
President
John DeStefano, Jr.
Mayor, New Haven, Connecticut
First Vice President
Charles Lyons
Selectman,
Arlington, Massachusetts
Second Vice President
Anthony A. Williams
Mayor, Washington, DC
Immediate Past President
Karen Anderson
Mayor, Minnetonka, Minnesota
Executive Director
Donald J. BoM
TO:
City Clerks of Direct Member Cite~
Donald J. Bornt, Executive DirectV tI
Congress of Cities Voting and Alternate Voting Delegates
FROM:
SUBJECT:
The National League of Cities' Annual Business Meeting will be held on Saturday,
December 13,2003, at the Congress of Cities in Nashville, Tennessee. As a direct
member city, your elected officials are entitled to vote at the Annual Business
Meeting. Based on the population of the city, each member city casts between one to
twenty votes. The number of votes each city is allowed can be found on the table on
the reverse side of this .memorandum.
To be eligible to cast a city's vote(s), each voting delegate and alternate must be
officially designated by the city using the attached credentials form. This form will
be forwarded to NLC's Credentials Committee. NLC Bylaws expressly prohibit
voting by proxy. The voting delegate must pick up his/her voting credentials
BEFORE the Annual Business Meeting and must be present at the Annual Business
Meeting to cast the city's vote(s).
Your city elected officials should be made aware of this request so that decisions can
be made on who will be the voting delegate and alternate at the Annual Business
Meeting. Before the Congress of Cities, NLC will be sending out a special edition of
the Policy Informer summarizing the proposed National Municipal Policy
amendments and resolutions that are to be voted on at the Annual Business Meeting.
This information should be shared with your voting delegates.
We ask that you return the completed form to NLC on or before October 14, 2003.
Please follow the instructions on the card for filling out the form and make a copy
for your own files. A pre-addressed envelope is attached for your convenience. If
you have any questions or concerns, contact Keith Kirk at kirk@nlc.org or (202)
626-3176.
I'ut I'lwih* CI.....c. E. Anth.n,. Mayor, South Bay, Aorida . Willi.m H. Hudnul. IlL Vie. Mayor, Town of Chavy Chasa, Maryland. Shlrp. Jem... Mayor, Newarl<, Now Jarsey . B.b Knighl. Mayor,
Wichita, Kansas. Bri.n J. O'N.ill, Councilman, Philadelphia, Pannsylvania . CetII, RlJllolds. City Council President, Denver, ColOflldo. Dimtmr: Bmnd. S. B.rg.r, Mayor, Watertown, South Dakota. ROMld
B-. Councilmember, Los A1amitos, Califomia . S.11y D. B..II, Mayor, CentlllVille, Ohio. eonmd W. Bowe... Mayor, Briclgeton, Missouri. Rozell. BDJd, Councillor, Indianapolis, Indiana. Micb..1 S.
Bu.hlhom. Mayor, Swans.., Illinois. SlmI Burldlold.r, Mayor, lakewood, Colorado. Leo V. Chin." Jr. Councilmember, Dallas. Texas. R..... C. CI..~ Mayor, BoIingbrook, Illinois. CetIIerin. F. Connolly,
Executive Director, League 01 Arizona Cities and Towns ..Jim Dei/.,. Mayor, little Rock, Arkansas. Alex G. h1cet., Mayor, Pembroke Pines, Florida. C. Virgini. Fi.lds. Manhattan Borough President, Now YOlk,
Now Yorl< . Coralyn L Hard, Mayor, Kodiak, Alaska. 0.1 H.... Council Member, Buffalo. Minnesota. . Scan A. H.ncock. Executive Director, Maryl.nd Municipal League. S. EIIiI H.nkins. Executive Director,
North Carolina league 01 Municipalities. G.org. R. H.rvell. Jr. Mayor, MillingtOn, Tennessee. Cb.rt" J.nnings. Commissioner, Arkansas City, Kansas. Will. J.h_a, Councilwoman, Oklahoma City. Oklahoma
. H.I.. Kew.g.., City Clerk, Carson, Califomia . M.mi. E. Locke, Mayor, HamptOn, Virginia. Cbrillojlh.r G. Lackw."', Executive Director, Maine Municipal Association. Crmhi. McCollum. Council Member,
Madison, Alabama. Don Moler, Executive Director, league of Kansas Municipalities. Corltan Moo... Commissioner, Fort lauderdale, AOOda . N.nc, Nath._n, Councilmember, Eugene, Oregon. Kathl.en M.
Novek. Mayor, NOIthglenn, Colorado. Bmnde Allilon Oliver, Mayor, Sylva, North Carolina. Alex Pedille, City Council President los Angeles, Calilomia . GlGrg. P.rIls. Executive Director, Wyoming Association
01 Municipal~ies . T. J. PebJsIII, Council Member, lubbock, Texas. Alici. D. Ping, Mayor Pro Tem, Saline. Michigan. M.ri. Lapez R...... Vice Mayor. Avondale, Arizona. Ann Sillllnk. Council Member.
Oklahoma City, Oklahoma . Jllni. Smilh, Executive Oirector, Mississippi Municipal League. D.ni.1 SemI, Council Member. Saginow. Michigan. D.n Thumpllll, Executive Director, league of Wisconsin
Recycled Paper Municipalities. Vim WhibHllJII.ldl, Council Member, Harrisburg, Pennsylvania. Bill, D. Willi..... Councilman, Florence, South Carolina
, ..
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NATIONAL LEAGUE OF CITIES
2003 CONGRESS OF CITIES
NASHVILLE, TENNESSEE
Number of Votes - Annual Business Meeting
Direct Member Cities
Article IV, Section 2 ofNLC's Bylaws specifies the number of votes that each direct
member city of the National League of Cities is entitled to cast at the Annual Business
Meeting at the Congress of Cities. All member cities are required by the Bylaws to cast
unanimous votes.
CITY POPULATION (per 2000 Census) NUMBER OF VOTES
Under 50,000 1 vote
50,000 - 99,999 2 votes
100,000 - 199,999 4 votes
200,000 - 299,999 6 votes
300,000- 399,999 8 votes
400,000 - 499,999 10 votes
500,000- 599,999 12 votes
600,000 - 699,999 14 votes
700,000 - 799,999 16 votes
800,000 - 899,999 18 votes
900,000 'and above 20 votes
NAINAL LEAGUE OF CITIES . credentia'Form
2003 Congress of Cities . Nashville, Tennessee
Each direct member city of NLC is entitled to cast from one to 20 votes, based upon the city's population per the 2000 census, through
its designated voting delegate at the Annual Business Meeting. Please indicate below your city and state, voting delegate andlor
alternate(s), and sIgn and date the credentIals form. Mall the form to NLC in the enclosed pre-addressed return envelope.
The official voting delegate andlor alternate(s) for the cityltown of La... Po il-e,..
(please type or print the name of yo!!r city /town and state)
are:
FOR OFFICE USE ONLY
(DO NOT WRITE IN THIS SPACE)
Voting card issued to:
1. ~ f. ~
NA~ . .
C{' COUJJciL ft1Q116 (1(- OSrtd4-
TITLE
(Signature)
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TITLE
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Date:
City Code:
Vote(s):
For Office Use Only (Do Not Write in this Space)
Return to: Chair, Credentials Committee
National League of Cities
1301 Pennsylvania Ave., N.W., Suite 550
Washington, D.C. 20004
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CAMPAIGN PROPOSAL
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www.ci.la-porte.tx.us
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January
~ Evaluation meeting
December
~ Insert newspaper advertisements for holiday shopping
November
Q Send out second press release for holiday shopping
October
~ Evaluate progress
September
~ Provide table at Community Health Fair
Q Provide tabletop promotional for restaurants
Q Provide poster in retail stores
August
~ Meet with Chamber to encourage partnership
Q Meet with Main Street to encourage partnership
Q Develop plan and cost structure
Q Produce promotional material and advertising
~ Send out first press release
Q Insert newspaper advertisement, place on marquee, on web site, utility bill,
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cable access channel, etc.
~ Include campaign material in welcome packets
~ Development initial plan
July
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Timeline
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"Shop La Porte" Campaign Promotional Material
.:. Booth at City and Community Health Fair
.:. Provide to Chamber of Commerce for distribution
.:. Include in welcome package for new residents who open new water accounts I
.:. Tabletop promotional for restaurant tables
.:. Posters in retail stores
.:. Encourage citizens and businesses to buy La Porte Bucks as prizes for employees
and how to obtain them.
.:. List businesses that accept La Porte Bucks on posters.
.:. Send to LPISD for children to take home to parents
How will we measure success?
.:. Success is defined by the campaign's level of support and by the public awareness it
creates. Results will not be formally measured and success will be defined based
upon public perception.
Marketing/PR tools
.:. Bayshore Sun
.:. Houston Chronicle
.:. Marquee
.:. Channel 24 News
.:. Channel 2, 11, 13, 26 News
.:. Utility Bill
.:. Website
.:. Cable Access Channel
.:. Chamber of Commerce
.:. Mayor's letter to citizens
.:. Press release
.:. BEACON Kiosks
Objective
.:. Remind La Porte residents to shop in La Porte ,
.:. Remind residents that sales tax revenues collected in La Porte stay in La Porte
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Marketing Plan
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CITY Of LA PORTE
PUBLIC
INFORMATION
OFFICE
NEWS RELEASE
Submitted by: Debra B. Feazelle, City Manager
Contact:
Martha A. Gillett, City Secretary
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Date:
Re:
September 2, 2003
Shop La Porte Initiative Promotes Keeping Tax Dollars At Home
A multimedia campaign urging La Porte citizens to do their shopping in La Porte debuts
next month starting with a booth at the La Porte Community Safety Fair.
Shop La Porte is an initiative between the City of La Porte, the La Porte-Bayshore
Chamber of Commerce, and the Main Street Association.
Keeping sales tax dollars at home is the core message of the campaign. Last year sales
tax decreased and left the City below projections.
Debra Brooks Feazelle, City Manager said, "the main focus of the campaign is to
encourage citizens to shop locally, the other component of the campaign is to educate the
community of the possible long term repercussions of losing sales tax revenues."
The campaign also urges the community to purchase La Porte Bucks. These bucks can
be purchased from La Porte-Bayshore Chamber of Commerce for prizes and/or gifts.
Bucks are redeemable at most businesses that belong to the La Porte Bayshore Chamber
of Commerce. Log onto the Chamber's website at www.laportechamber.org for a list of
businesses that are members of the Chamber.
"The La Porte-Bayshore Chamber of Commerce is very excited to be a partner with the
City of La Porte and the Main Street Association in promoting the "Shop La Porte"
campaign. We urge the community to purchase La Porte Bucks from the Chamber of
Commerce to be given to employees, friends and family members as gift certificates that
can be redeemed at numerous businesses in La Porte," said La Porte-Bayshore Chamber
of Commerce President, Bonnie Natole.
The campaign also boa!bout the unique shopping experience !La Porte's Main
Street. Main Street in La Porte is home to an assortment of quaint antique shops and
restaurants. Most businesses along.Main Street also accept La Porte bucks.
Jim France, Main Street Association President, said "the La Porte Downtown Shopping
District offers convenience, personal service, value, and community involvement. We
feel this campaign will educate our community about the great antique shopping and
much more on Main Street"
Any' La Porte business that would like to help carry the Shop La Porte message is
welcome to use the logo in their ads and other marketing activities. For more information
on the Shop La Porte campaign, please call the City of La Porte at 281-471-5020.
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Dear Resident:
Whether due to the sluggish economy or simply that fewer people are
spending money here, sales tax revenues are down and the effects on
providing basic services to local residents could be affected if this trend
continues. Services such as police, fire, and parks are paid for in part by
sales tax revenue generated from purchases made right here in La Porte. In
the last year sales tax has decreased below projections.
Shopping in La Porte makes perfect cents, and the cents you pay in sales tax
turn into dollars. For a family of four that buys $155 a week in groceries in
La,Porte, that is $1.55 that goes directly to our fire, police, streets, and other
city services. In one year (52 weeks) that is $81 which can buy a stop sign,
plant a 15 gallon oak tree, 2 throw rings that could save a life at one of our
pools or bum one street light for 5 months.
The City Council and I recognize the power of choice and encourage you to
choose to "Shop La Porte." It makes good cents.
Sincerely,
Norman L. Malone
Mayor
Howard Ebow
Councilperson District 3
Bruce Meismer
Councilperson District 6
Michael Mosteit
Council person District I
James Warren
Councilperson District 4
Peter Griffiths
Mayor Pro Tem
At Large A
Chuck Engelken
Councilperson District 2
Charles Young
Councilperson District 5
Barry Beasley
Councilperson At Large B
Bonnie Natole Jim France
La Porte-Bayshore Main Street Association Pres.
Chamber of Commerce Pres.
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,
When you buy goods and services from La
Porte shops, restaurants, and businesses,
you are creating a powerful ripple effect
that makes La Porte a better place to live.
Shopping in La Porte makes perfect cents, and the cents you pay in sales tax
turn into dollars. For a family of four that buys $155 a week in groceries in
La Porte, that is $1.55 that goes directly to our fire, police, streets, and other
city services. In one year (52 weeks) that is $81 which can buy a stop sign,
plant a 15 gallon oak tree, 2 throw rings that could save a life at one of our
pools or burn one street light for 5 months.
Your La Porte purchases are also contributing to the success of our
businesses, which create jobs and growth in the community. So, before you
stop for gas outside of La Porte; go online to purchase an item; buy from a
catalog; or dine in one of our neighboring cities, please remember to keep
your money in your community.
Chances are you will find what you are looking for at the price you want to
pay here in La Porte.
"Use good cents, Shop in La Porte."
Thank you for making your community a better place to live and work.
Norman L. Malone
Mayor
Bruce Meismer
Councilperson District 6
Howard Ebow
COlincilperson District 3
Michael Mosteit
Councilperson District I
J ames Warren
Councilperson District 4
Peter Griffiths
Mayor Pro Tern
At Large A
Chuck Engelken
Councilperson District 2
Charles Young
Councilperson District 5
Barry Beasley
Councilperson At Large B
Bonnie Natole Jim Prance
La Porte-Bayshore Main Street Association Pres.
Chamber of Commerce Pres.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 09/08/03
Requested By:, D. Wilmol'l'! ~ f)JJJ
Aool'Ooriation
Source of Funds:
Department:
Report:
Dlan";_1I
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
Resolution:
Ordinance:
Exhibits:
Overview of Board Resoonsibilities
Exhibits:
Sample - Code Review & .t\ppeal Body
SUMMARY & RECOMMENDATION
At the July 14, 2003 and August U, 2003 meeting, City Council considered possible adoption of construclion codes
known as the Intemational Code COuncil (lCC) group and the Comprebeosive Consensus Codes (C3) group.
The directive at the August II, 2003 council meeting requested staff look into the possible formation of a code
review colDiliittee. Upon completion of that review, we were asked to return to a workshop meeting to allow
Council an opportunity to review the information.
Attached is an overview oftbree options council may wish to explore. Option A identifies a temporary "Code
Review B~" which serves a limited role. Option B is a combination "Code Review and Appeals Board" that
selVes a dual purpose. The:final option addresses the development of a "Building and Standards Commission".
Council recently received information on this commission; hOwever. this new proposal is an expanded. version.
Option C would' have the most versatile role by addressing both constmCtlon and code enforcement matters.
Also, staff bas developed a "sample" combination boant for review purposes only. This represent a version of a
board referenced in the city's current buildii1g code (Construction Board of Adjustment and Appeals). The
eJq'l'nded version ;ncJudes a reference that the boant would hear requests from an construction trades instead of just
building code items. Please note that at this time, the conten1s of this document bas not been reviewed by our legal
departnieot. ,
Action Reauired by Council:
Review information and proVide staff with direction on the possible development of a review board or commission.
AOl'roved for City Council Al!enda
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~ ra B. FeazeDe, . . . ~anag
_Q)-;;2-0 3
Date -
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OVERVIEW
The following tables represent three possible "code review board or commission" options
for Council's consideration.
OPTION A
CODE REVIEW BOARD
OPTION B
CONSTRUCTION BOARD OF
ADJUSTMENT AND
APPEALS *
Temporary board. (Functions like a Task Permanent board. (Positions are created
Force or Ad Hoc Committee). and continuall re laced or rea inted)
Timetable determines meetin schedule.
. Positions may include a citizen,
engineer, architect, plumbing, electrical,
mechanical & buildin rofessional.
Only Function:
Review code books of both groups.
Board could hold public hearings,
perform research with help of staff,
citizens, ex erts, etc.
Forward recommendation to council.
Discuss fmdings with council.
,Once council selects the city's code
book, board's responsibility is
completed.
'.Board is dissolved.
Board meets monthl or as-needed.
Positions may include a citizen, engineer,
architect, plumbing, electrical, mechanical
& building rofessional.
Function:
Review fu~ amendments or code book
utes. *
Function:
Hear requests for use of alternative
building materials & their installation.
Primary Function:
Hear requests for clarification of code
"inte retations."
Primary Function:
Hear requests where applicant feels code
provisions should not apply in a specific
case.
Board could make recommendation on
appeals which is forwarded to council for
action or make decision on appeal & no
action is re uired b Ci Council.
Board is evergreen.
*This board could also be created prior to
the adoption of a new set of codes to review
the two groups' code books and recommend
to city council a particular code or outline
the differences and list pros and cons to
each.
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Code Review - Overview Con't....
Page 2
OPTION C
BUILDING AND
STANDARDS COMMISSION.
Permanent board. Positions are created and are continuall
Board meets month! or as-needed.
Positions may include a citizen, engineer, architect, plumbing, electrical, mechanical &
buildin rofessional.
Function:
Review future amendments or code book updates..
Function:
Hear re uests for use of alternative buildin materials & their installation.
Primary Function:
Hear re uests for clarification of code "inte retations."
Primary Function:
Hear re uests where a licant feels code rovisions should not a
Primary Function:
Hears code enforcement caseS (i.e. we.eds, junk vehicles, building maintenance, debris,
dan erous buildin -condemnations, substandard buildin s, etc. .
Board could make recommendation on cases & appeals which is forwarded to council for
action. .
Board could make decision on the case or a eal & no action b council is re uired.
Board is evergreen.
.Th.is board could also be created prior to the adoption of a new set of codes to review
the two groups' code books and recommend to city council a particular code or outline
the differences and list pros and cons to each.
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Option B
SAMPLE
CHAPTER 82
BUILDINGS AND BUILDING REGULATIONS
Article I. In General
CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS
See. 82-2 Appointment
There is hereby established a board to be called the Construction Board of Adjustment
and Appeals (CBOAA), which shall consist of seven (7) members and two (2) alternates.
The Board shall be appointed by the applicable governing body.
See. 82-3 Membenhip and Terms
Sec. 82-3.1 Membenhip. The CBOAA shall consist of seven (7) members. Such
members should be composed of individuals with knowledge and experience in the
technical codes, such as design professionals, contractors or building industry
representatives. In addition to the regular members, there should be two (2) alternate
members, one member at large from the building iildustry and one member at large from
the public. A board member shall not act in a case in which he has a personal or financial
interest.
Sec. 82-3.2 Terms. The terms of office of the board members shall be staggered so no
more than 1/3 of the board is appointed or replaced in any 12-month period. The two
alternates, if appointed, shall serve only one-year terms. Vacancies shall be filled for an
unexpired term in the manner in which original appointments are required to be made.
Continued absence of any member from required meetings of the board shall, at the
discretion of the applicable governing body, render any such member subject to
immediate removal from office.
Sec. 82-3.3 Quorum and Voting. A single majority of the board shall constitute a
quorum. In varying any provision of these codes, the aftlrmative votes of the majority
present, but not less than three (3) affirmative votes, shall be required. In modifying a
decision of the code official,'not leSs than four (4) affirmative votes, but not less than a
majority of the board, shall be required. In the event that regular members are unable to
attend a meeting, the alternate members, if appointed, shall vote.
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Construction Board'of Adjuslment and Appeals
Page 2
Sec. 82-3.4 Secretary of Board. The code official (when used in this context, it shall
mean the city's Chief Building Official or his/her designee), shall act as secretary of the
board and shall make a detailed record of all of its proceedings, which shall set forth the
reasons for its decision, the vot~ of each member, the absence of a member and any
failure of a member to vote.
See. 82-3.5 Powen. The CBOAAshall have the power, as further defined in Sec. 82-4,
to hear appeals of decisions and interpretations of the code official, or their designated
representative(s), to consider variances of the technical codes and to review code books
for possible amendment and adoption.
Sec. 82-4 Appeals
Sec. 82-4.1 Decision of the Code Official. The owner ofa building, structure or service
system, or his duly authorized agent, may appeal a decision of the building official to the
CBOAA whenever anyone of the follQwing conditions are claimed to exist:
1) The code official rejected or refused to approve the mode or manner of
construction .proposed to be followed or materials to be used in the installation
or alternation of Ii building" structure or service system.
2) The provisions of these codes do not apply to this specific case.
3) That an equally good or more'desirable form of installation can be employed
in any specific case.
4) The true intent and meaning of this code or any of the regulationsthereund~
have been misconstru~ or incorrectly interpreted.
See. 82-4.2 Variances. The CBOAA when so appealed to and after a hearing, may vary
the application of any provision of these codes to any particular case when, in its opinion,
the enforcement thereof would do IIUPlifest injustice and would be contrary to the spirit
and purpose of this or the technical-codes or public interest, and also finds all of the
following:
1) That special conditions ,and circumstances exist which are peculiar to the
building, structUre or service system involved and which are not applicable to
others.
2) That the Special conditions and circumstances do not result from the action or
inaction of the applicant.
3) That granting the. variance requested will not confer on the applicant any
special privilege that is denied by,these codes to other buildings, structUre or
service system.
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Construction Board of Adjustment and Appeals
Page 3
4) That the variance granted is the minimum variance that will make possible the
reasonable use of the building, structure or service system.
5) That the grant of the variance will be in harmony with the general intent and
purpose of this code and will not be detrimental to the public health, safety
and general welfare.
Sec. 8%-4.4 Conditions of the Variance. In granting the variance, the CBOAA may
prescribe a reasonable time limit within which the action for which the variance is
required shall be commenced or completed or both. In addition, the board may prescribe
appropriate conditions and safeguards in conformity with these codes. Violation of the
conditions of a variance shall be deemed a violation of these codes.
Sec. 82-4.5 Notice of Appeal. Notice of appeal shall be in writing and filed within thirty
(30) calendar days after the decision ,in rendered by the code official. Appeals shall be in
a form acceptable to the code official.
See. 8%-4.6 Unsafe or Dangerous Buildings or Service Systems. In the case ofa
building, structure or service system which, in the opinion of the code official, is unsafe,
unsanitary or dangerous, the code official may, in hislher order, limit the time for such
appeals to a shorter period.
See. 8%-5 Procedures of the Board
See. 82-5.1 Rules and RegulatioDs. The CBOAA shall establish rules and regulations
for its own procedure not inconsistent with the provisions of these codes. The board shall
meet on call of the chairman. The board shall meet within thirty (30) calendar days after
notice of appeal has been received.
See. 82-5.2 Decisions. The CBOAA shall, in every case, reach a decision without
unreasonable or unnecessary delay. Each decision of the board shall also include the
reasons for the decision. If a decision of the board reverses or modifies a refusal, order or
disallowance of the code official or varies the application of any provision of these codes,
the code official shall immediately take action in accordance with such decision. Every
decision shall be promptly filed in writing in the office of the code official and shall be
open to public inspection. A certified copy of the decision shall be sent by mail or
otherwise to the appellant and a copy shall be kept publicly posted in the office of the
code official for two (2) weeks after filing. Every decision of the board shall be final,
subject however to such remedy as any aggrieved party might have at law or in equity.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
="'::~=~~~.mB:nwm d( .
Appropriation
Source of Funds:
N/A
Department: Police
Account Number: N/A
Report:
Resolution:
'. Ordinance: xx
~ountBudgeUd: N/A
Exhibits:
Proposed Ordinance
Fee ~ur-v'~r
Amount Requested: N' A.
Budgeted Item: YES NO xx
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
The Police Deparbnent has been m the process of evaluating the current ordinance regarding False Alarms and
Officers responding to these calls. In the process the Deparbnent has contacted other agencies to determine how
they are addressing the issue of false alarms.
The Police Deparbnent is suggesting a rewrite or amendment to our existing alarm ordinance to make it more
enforceable, consistent and fair for our citizens. This proposed ordinance is brought before the Council as a
workshop item to alloW' the Council to discuss and give direction regarding the proposed ordinance. The proposed.
ordinance makes provisions for enforcement that will have an impact on the number of false alarms the Public
Safety Deparbnents respond to.
The ordinance, with whatever recommendations the Council desires, will be presented in final form in the 09/22/03
Council Meeting.
Action Reouired bv Council:
To review and discuss the propose Alarm Ordinance and provide direction to Staff regarding any
recommendations they may have regarding the proposed ordinance.
ADDroved for City Council A2enda
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Date
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EMERGENCY SERVICES
ARTICLE II. ALARMS
DIVISION 1. GENERALLY
SEC.30-31.DEFINITIONS.
The following words, terms, and phrases, when used in this chapter shall have the
meanings ascribed to them in this section, except where the Context clearly indicates a
different meaning:
1. Alarm site. - The specific property or area of the premises upon or within which
an alarm system is or is to be installed.
2. Alarm system. - A fire alarm protective service or any electrical, mechanical or
electronic device or assembly of equipment that emits, transmits, or relays a
signal intended to summon or that would reasonably be expected to summon, by
direct means, the aid of the police or fire department of the city. For purposes of
this article, the following types of alarm systems are exempted:
a. An alarm system installed on a motor vehicle not used for a habitation
at a permanent site.
b. . An alarm system designed so that no notification is given to the police
by direct means until after the occupants or an agent of the owner or
lessee have inspected the alarm site and determined that there is
physical evidence at the site showing that the alarm was the result of
criminal activity or the kind for which the alarm system was designed
to give notice and does so notify the police, if a person who is able to
grant access to the alarm site remains at such site until police arrive
whenever the police are notified after an alarm has been activated, and
such person renders access and such other assistance as he is able to
give and that is needed by the police to properly investigate the
situation.
c. Any alarm system designed solely to detect or, give notice of fire or
smoke.
d. An alarm system operated, owned or maintained by the United States
government, the state, the city, or any county government or school
district situated within the corporate limits of the city.
3. Alarm system business- means the business of any individual, partnership,
corporation or other entity engaged in selling, leasing, maintaining, servicing,
repairing, altering, replacing, moving or installing any alarm system to be sold,
leased, maintained, serviced, repaired, altered, replaced, moved or installed in or
on any building, structure or facility.'
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4. Alarm user- means the person, firm, partnership, association, corporation,
company or organization, structure, or facility or portion thereof wherein an alarm
system is maintained. .
5. Applicant. - The person who seeks to be the permit holder.
6. Automatic dialing device. - Any device connected to an alarm system, which
automatically sends a prerecorded message or coded signal indicating the
activation of the alarm system to a pre-determined location.
7. Burglar Alarm System. - Any alarm system intended to prevent or detect an
unauthorized entry or attempt thereof into the alarm site.
8. Central Station. - That part of an alarm system business which intercepts signals
indicating the activation of an alarm device and which relays this information by
live voice to the city police department or fIre department.
9. Chief of Police. - The chief of the city police department and any employee(s) of
the city police department assigned by the police chief to perform the duties
prescribed by this chapter.
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10. City. - The City of La Porte, Texas, including its various departments and
divisions such as the police department and the fire department. .
11. City Official. - Any employee or agent of the city who implements, inspects, or
enforces all or a portion of this chapter.
12. Disconnect. - To render an alarm system disabled so as to prevent any direct or
indirect notification to the police or fire department by silent or local alarm.
13. False alarm. - Any alarm which was not the result of an emergency or threat of
. emergency or threat of emergency of the kind for which the alarm system was
designed to give no~ce where the alarm system activates a signal indicating to the
police or fire department the system has been violated, thereby causing a response
by the police or fire department when, in fact, a situation requiring a response
does not exist. This definition does not include violent conditions of nature, nor
does it include other extraordinary circumstances not reasonably subject to control
by the alarm user.
14. Fire Alarm Protective Service. - Any service whereby any person provides and
employs electronic or mechanical means to detect the presence of fire on any
premises in the city, the report of which is then transmitted to or through the
communication system of the fire department or which system is in any manner
connected with the fire alarm communication system of the fire department. The
term also means the activity of maintaining, servicing, repairing, altering,
replacing, moving or installing in or on any building, place or premises any
device designed or used for detection of fire.
15. Fire Chief. - The chief of the city fire department and any employee(s) of the city
fire department assigned by the fire chief to perform the duties prescribed by this
chapter.
16. Holdup Alarm System. - Any system designed to be activated to give notification
of a robbery, attempted robbery, or summons police aid for any other perceived
life-threatening reasons.
17. Local Alarm System- any alarm system emitting audible and/or visual signals in,
at, or on the alarm site when activated and which causes notification to be made
directly or indirectly to the city police department or city fire department.
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18. Permit. - A certificate of authorization issued by the city to the applicant
authorizing the operation of the alarm system(s) for which the permit is issued.
19. Permit Holder. - The person to whom a city alarm sYstem permit is issued
20. Telephone Answering Service. - Any business, other than an alarm system
business which intercepts signals indicating the activation of an alarm system and
relays this information by live voice to the city police department or city fIre
department.
21. Thirty minute Shutoff. - An automatic device associated with an alarm system,
which automatically causes the alarm to shut off and discontinue the emission of
an audible signal after a period of time not to exceed thirty (30) minutes of
continuous operation.
Permit Required: exceptions:
1. No person shall operate, cause to be operated, or allow the operation of an
alarm system or local alarm system, unless a valid permit has been issued for
that system or as otherwise allowed by law. However, this section shall not
be applicable to an alarm system business which monitors, services, or
monitors and services, an alarm system installed and designed to protect
property under the control of a person other than the alarm system business;
but the person in control of the property which the alarm system is designed
to protect shall be subject to fee or prosecution if he permits the operation of
such system without a valid permit. Any person who operates, causes to be
operated, or allows the operation of an alarm system without a valid permit
shall be subject to response fees or misdemeanor prosecution.
2. A response, if any, made by the police or fire department upon proper
notification, by an alarm system business shall be subject to the policies and
procedure of the police and/or fire department governing, but not limited to,
the priorities for police or fire responses.
3. An applicant may apply for a separate permit for each alarm system, or may
obtain a single permit for all alarm systems, on so much of one premises to
which the person to whom a permit is to be issued has legal rights of
ownership or possession, except that separate permits must be obtained to
authorize the operation of both burglar and holdup alarm systems on anyone
(1) premises.
4. The issuance of a permit authorizing the use of an alarm system is not
intended to nor shall it create a contract, either express or implied, creating a
duty or guarantee of response. Any and all liability and consequential
damages resulting from the failure to respond to a notification is hereby
disclaimed and governmental immunity as provided by law is retained.
5. The city may refuse to issue a certificate of occupancy/change of occupancy
if the premises to which such certifIcate relates has an alarm system that is
not permitted pursuant to this chapter.
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Application for Permit.
1. Application for a permit authorizing the operation of an alarm system shall be
made by a person who has control over the property, such as a person who
owns, lease, uses, resides at, or manages the property upon which the alarm
system is installed, and should have an active water account with the city.
Such application shall be made in writing to the city on a form designated by
the city for that purpose. On such application shall be set forth:
a. The name, address, telephone number(s), and driver's license number
of the permit holder.
b. Copies of the assumed name registration, if any, and the names and
addresses of all general partners if the permit holder is to be a
partnership; or the corporate charter with the names, addresses of
officers and registered agents or the certificate of authorization to do
business from the Secretary of State if the permit holder is to be a
corporation.
c. The street address of the property on which the alarm system is to be
installed and operated. Including the particular suite or' apartment
number(s) if applicable.
d. Any business name used for the premises on which the alarm system is
to be installed, and operated.
e. Whether the alarm system is a local alarm and whether it is design~d to
give notice of a burglary, robbery, or any other life-threatening
emergency.
f. The name, address and telephone number of the alarm system business
that has installed or will install the alarm system
g. The names and local telephone numbers of two (2) persons, or the
name and local telephone number of an alarm system business which
are able to and have agreed to:
(1) receive notification at any time;
(2) come to the alarm site within one (1) hour after receiving a
request form a city official to do so; and
(3) grant access to the alarm site and to deactivate the alarm
system if such becomes necessary; or; the name and locate
telephone number of an alarm system business which is
able.and has agreed to receive calls at any time and to give
the city the names of persons listed with that company as
set out below if;
(1) The permit holder has given the alarm system business the names and
local telephone numbers of two (2) persons who are able and have
agreed to receive notification at any time; to come to the alarm site
within one (1) hour after receiving a request from a city official to do
so; and to grant access to the alarm site and to deactivate the alarm
system if necessary; and
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(2) The permit holder has authorized the alarm system business to provide
the names listed with that business pursuant to this section to a city
official wheI:lever such official has requested that information in order
to obtain asSistance after an alarm has been activated.
h. Any application for a permit shall demonstrate compliance with all provisions
of the La Porte City Code and that all charges owed to the city have been
paid.
1. If an individual residence or apartment, the names of the other residents over
the age of eighteen (18).
2. Such application shall be signed by the applicant acknowledging he has read
the application, affirming the correctness and accuracy of the information
given on the application and authorizing the release to the city of information.
3. The city shall issue a permit upon receipt of the application, payment of fee
and upon determining compliance with the provisions of this chapter.
AMENDMENTS TO APPLICATION.
Whenever a person or company listed on the application or listed on an
amendment to the application is unable or unwilling to perform their respective duties as
set forth in this chapter, the permit holder shall file an amendment to the permit
application listing a person or company who is able and will perform those duties so that
at all times the application on file with the city is correct.
Confidentiality.
To the extent allowed by law, the city shall treat all information on the application
for a permit as confidential; provided, however, nothing in this chapter shall prohibit the
use of such information for legitimate purposes relating to the health, safety, and well-
being of the community and for enforcement of the terms and provisions of this chapter.
Permit Term; Renewal.
1. Each permit issued pursuant to this article shall be valid from date of issuance to
September 30 of each year and then shall be renewable. The permit fee shall be
in the amount of Thirty-Five Dollars ($35.00). If the permit holder relinquishes
control of the alarm site before the expiration of the term of permit, then the
permit extinguishes on the date of relinquishment.
2. A renewal fee ofTen Dollars ($10.00) will automatically be billed by the city
water department by way of water bill notification to the address of a permitted
alarm or permit holder, unless notification has been made by the permit holder of
the deactivation of the alarm and cancellation of the alarm and permit.
Nontransferable
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Each permit issued shall be valid only for the premises and person(s) permitted
and is not transferable to another person or other premises. Upon transfer from the
permit holder of control over the premises to which the permit relates, a new permit must
be applied for according to this chapter.
Duties of Permit Holder.
1. The permit holder shall ensure that he or any person listed with the city for
purposes of notification pursuant to the provisions of this chapter is able to:
a. Receive notification at any time;
b. Come to the alarm site within one (1) hour after receiving a request
form the city to do so to assist the city with respect to the premises and
the alarm system at such premise, and;
c. Grant access to the alarm site and to deactivate the alarm system if
such becomes necessary.
2. The permit holder shall train all persons who may activate or 'deactivate the
alarm system in the proper operation of the alarm system.
3. The permit holder will be responsible for all fees associated with the permit
or the operation of the alarm system.
Duty of Penon Notified by Police Department to Provide Access to. Premises,
Render Assistance.
Any person or company listed with the city for purposes of notification who is
notified by a city official of the activation of an alarm system pursuant to the provisions
of this chapter and who is able to give access to the alarm site shall come to the alarm site
within one (1) hour of the time such person or company is notified of such activation and
shall provide the city official any necessary access or assistance.
Repairing of Alarm System.
1. The permit holder shall ensure that the alarm system is repaired within
seventy-two (72) hours of the time notification is made from the city that
such system is malfunctioning or causing potential excessive alarms; or
2. Alternatively, the permit holder may cause such alarm system to be
deactivated rather than having such system repaired upon notification from
the city that such system is malfunctioning or causing potential excessive
alarms. If the permit holder does deactivate such alarm system he shall so
notify the city and such system shall not be reactivated until it has been
repaired.
Operation of Alarm System.
No person shall install, cause to be installed or permit to be installed an alarm
system unless the following requirements are met:
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1. An alarm system which may be activated as a result of different types of
emergency situations shall give a silent signal, if so equipped, that is unique
to designate activation as a result of a holdup, a burglary, a fire, or any other
different type of emergency situation so that the proper notification and
proper response can be made; otherwise,
2. An alarm system designed to emit an audible signal or sound intended to be
heard from the exterior of the alarm site shall have a thirty-minute shutbff
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from the time of activation and must not sound similar to that of siren, an
emergency vehicle, or a civil defense warning system.
3. No holdup alarm shall include any device which can cause activation
inadvertently; and any holdup alarm shall be designed so that it'may be
activated only by intentional and deliberate human action;
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4. No person shall use or permit the use of any telephone device or telephone
attachment which automatically selects any telephone line leading into the
communication center of the city police department or city fire department or
any number leading into the offices of the city and then transmits any pre-
recorded message or signal;
5. No person shall use or permit the use of any system which gives notification
of the activation of the alarm system directly to the city police department,
city fire department or other offices of the city by any means other than live
human voice; and
6. The chief of police and the fire chief may set reasonable standards and
procedures to be followed by any alarm system business Or telephone
answering service when giving notice to their respective department of
activation of an alarm system. Such standards and procedures shall be set
out in writing and made available to any person requesting same.
DETERMINATION OF FALSE ALARM; REBUTTABLE PRESUMPTION
For the purpose of this ordinance, there is a rebuttal presumption that the following
determinations made by the chief of police or'by the police department officer on the
scene of the premises reporting an alarm signal are correct:
(a) There is no evidence of a crime or other activity that would warrant a call for
immediate police or fire assistance at the premises;
(b) No individual who was on or near the premises or who has viewed a video
communication from the premises called for a police or fire department dispatch
or verified a need for an immediate emergency response; and
(c) There is no evidence that violent conditions of nature or other extraordinary
circumstances caused the activation of the alarm.
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FALSE ACTIVATION PROHIBITED; EXCEPTIONS:
No person shall knowingly, intentionally or with reckless disregard activate an alarm
system for any purpose other than an emergency or threat of emergency of the kind for
which the alarm system was designed to give notice; provided, however, it shall be an
affirmative defense to prosecution under this section that the alarm system was activated
solely for the purpose of testing the system and the person who tested the alarm system
took reasonable precautions to void any request being made to the city to respond to such
alarm. This section shall not apply to conduct which is. in violation of section 42.06 of
the Texas Penal Code, as presently enacted and as may be subsequently amended.
Fees for Permit and for City response to an alarm.
The city may charge service fees for its permits and responses to false alarms in
accordance with this chapt~r. Except as may be hereinafter set forth, service fees for
issuance of permits, false alarms and any other charges and penalties arising pursuant to
this chapter shall be in such amounts as may be established in this chapter and as may,
from time to time, be adopted by resolution of the city council of the City of La Porte.
Service Fees will automatically be billed to the permit holder by including service fee on
permit holder's water bill notification form.
,
With respect to alarm systems, no penalty or service fee for signaling of a false
alarm by an alarm system shall be made unless at least five other false alarms have
occurred during the proceeding twelve (12) months. The service fee may be assessed
against the owners, occupants or person in control of the premises where the alarm
. system is located. The amount assessed for a false alarm of an alarm system after five (5)
previous false alarms will be Fifty dollars ($50.00). Then Fifty dollars ($50.00) per
response thereafter. The permit holder may file a request for hearing with the city
Director of Finance to dispute the service fee within ten (10) days of receipt of a
notification of service fee, The city acknowledges that newly installed alarm systems may
incur false alarms during installation and adjustment period, therefore false alarms made
or caused as a result of installation or adjustment during a period of 10 days form initial
installation or permit date, will not be charged against the permit holder as false alarms
for the purpose of service fees as set forth in this ordinance.
For purposes of calculating the service fees set out in this chapter an alarm system
shall mean and include all alarm systems operated under one permit.
A reinstated permit as provided for elsewhere in this chapter shall retain its
original issuance date for the purposes of the commencement of the ''twelve-month
period" when assessing service fees under this chapter, and shall not have any excusable
false alarm responses available in addition to those already used during that period for an
alarm system. Following the reinstatement, responses made prior to the date of
revocation but not part of the basis for the revocation shall be included in computations,
however, responses from the date of revocation through the date of reinstatement shall be
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chargeable, such charges must be paid before reinstatement becomes effective.
Reinstatement of the permit shall be the only means of restoration of the lawful use of the
alarm system hereunder after the permit has been revoked, provided however, that a new
permit must be applied for ahd issued before operation of the alarm system if the
ownership or possessor rights to the alarm site have changed since the most recent
application or amendment thereof.
REFUSAL TO PERMIT AND PERMIT REVOCATION.
THE CITY MAY REFUSE TO PERMIT OR REVOKE A PERMIT FOR AN
ALARM SYSTEM FOR THE FOLLOWING REASONS:
1. The applicant or permit holder has failed to make payment in full to the city
of any service fees assessed pursuant to this chapter within sixty (60) days of
the date the city has made notification of service fees owed by way of the
permit holders water bill notice or other means.
2. The alarm system of the applicant or permit holder has or is of the type that
has had a history of unreliability. For purposes of this chapter, an alarm
system shall be presumed to be unreliable if the applicant or permit holder
accrues more than ten (10) false alarms during a twelve month period,
excluding any false alarms which may have formed the basis for a prior
revocation during that same twelve month period. In the event a permit is
issued or reinstated despite such presumption ofunreliability, revocation shall
occur if the permit holder accrues more than three (3) false alarms from the
date of reinstatement.
The city chief of police and or the city fire chief may establish additional
standards to determine reliability or unreliability of alarm systems as may
be needed.
Procedure- refusal to permit or revocation.
1. There shall be no refusal, termination, revocation or failure to renew a permit
for an alarm system except as set forth herein. The city shall give at least
thirty days notice prior to revoking, failing to renew or otherwise terminating
a permit during which time a request for a hearing may be made. With
respect to an application for a permit which the city refuses to permit, the
applicant shall be given at least 30 days within which to request a hearing
regarding such determination by the city to refuse to permit. The notice of
refusal to. permit or notice of revocation shall specify the reason therefore. If
a hearing is requested, the permit holder or applicant shall be advised as to
the date, time and place of such hearing. The hearing shall be before the city
Director of Finance or designee. The permit holder or applicant may appear
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in person or be represented by counsel, may present testimony and may cross-
examine all witnesses.'
, All hearings shall be conducte.d under rules consistent with the nature of the proceedings,
provided that the following rules shall apply to such hearings:
a. All parties shall have the right to representation by a licensed attorney
although an attorney is not required;
b. Each party may present witnesses in their own behalf;
c. Each party has the right to cross-examine all witnesses;
d. All the evid~nce presented before the hearing officer at such hearing
may be considered in a final report; and .
e. The city Director of Finance or designee may adjust the amount of any
service fees owed upon a showing of good cause by the applicant or
permit holder.
2. If the permit holder or applicant fails to appear at the hearing at the date, time
and place specified, the city shall present sufficient evidence to establish a
prima facie case' showing that grounds existed for the revocation or refusal to
permit as provided for ~ this chapter.
3. If the city Director of Finance or designee finds that no grounds exist for
. reinstatement of the permit or iSsuance of the permit for the alarm system, he
shall refuse to reinstate or to issue such permit and shall give written notice to
the permit holder or applicant of such finding. Upon receipt of such notice
the permit holder or . applicant shall disconnect such alarm system
immediately and shall surrender his permit, if any, to the city.
4. If the city Director of Finance or designee finds that there are insufficient
grounds for revoking' or for denying issuance of a permit for an alarm system
exist, he shall give written notice of such finding to the permit holder or
applicant. . .
Reinstatement
1. A permit can be reinstated if the revoked permit holder has failed to request a
hearing within th~ specified time for filing an application for reinstatement,
pays the application fee which is the same as that for a new permit
application, and shows: .
a. That the cause of the chargeable false alarms has been corrected; and
b. The service' fees aSsessed have been paid.
2. If a permit holder haS had a permit revoked twice during the term of that
permit, that person must wait a period of one (1) year from the date of the
second revocation or~, if one has been requested, the date of the denial issued
pursuant to a reinstatement hearing before applying for a new p~rmit of that
alarm site.
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3. If a reinstated permit is denied pursuant to this section, a hearing may be
requested if received in writing within ten (10) working days of the date of
notice of denial.
OPERATION OF CENTRAL STATIONS OR ANSWERING SERVICE
Any alarm systems business, which operates a central station, and any telephone
answering service shall:
1. Responding to alarm, Have sufficient personnel trained in the procedures to
be followed in receiving- and relaying notice of the activation: of any alarm
system on duty at all times to ensure that emergency meSsages or alarm
signals received by s~ch_ business can be relayed inunediately to the c~ty.
Notification to the city of the activation of an alarm system shall include:
a. The'street address of the alarm site, including the partIcular suite or
apartment number, if applicable;
b. The name of the permit holder and the permit number;
c. The type of alarm activated; and
d. The name(s) and local telephone number(s) of the persop.(s) to notify,
if so authorized by the permit holder.
2. Notification. Notify. the person in control of the property or his designee of
the activation of the alarm system within twenty-four (24) hours of the time
the alarm was activated not to include weekends and holidays, by telephone or
by placing written notice in the mail, addressed to the p~rson in control of the
premises.
3. Records. Keep a written record of the date and time each notification of the
activation of an alarm- system is received and the date, time, and method by
which the person in control of the property was notified. Such records shall
be retained for at least two (2) years and shall be made available for inspection
by the city during regular busin~ss hours.
4. Periodic testing for correction of defects. Test or cause to be tested all
equipment used by the central station or telephone answering service to the
receipt of notifications - of the activation of any alarm system and the
equipment used in relaying those notifications of the activation of any alarm
system and the equipment used in relaying those notifications to the city at
least one (1) time in every twelve-month period and, where a test result is
unsatisfactory, correct of caUSe to be corrected within a reasonable period time
not to exceed seven (7) days from the date of testing, the cause of the
unsatisfactory test result;
5. Evidence of test results. Produce evidence of the results of tests conducted
pursuant to this section upon request of the city. The requirements of this
section shall be satisfied if such results are made available at the central
station or telephone answe~g service on the next regular business day after
request is made; and
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6. Providing service licensed businesses only. Not provide answering service for
any alarm system bus~ness, which is not licensed by the State of Texas. A
violation under this .s,!bsection shall only be enforceable according to state
law and the remedies~ policies and procedures proWded for therein.
COMPLIANCE WITH ARTIC~E 4413 (29bb)
All persons subject to the provision of the Private Investigators and Private
Security Agencies Act of the State of Texas article 4413 (29bb), Texas Civil Statutes
Annotated, are required to comply with all provisions of that act, as presently enacted and
may be subsequently amended.
Section2. Any person, who causes, allows, or permits another to violate any
provision. of this Ordinance, shall be deemed guilty of a misdemeanor and, upon
conviction, shall be fined in an amount not to exceed Five Hundred Dollars ($500.00).
Each day such violation shall be permitted to exist shall constitute a separate offense.
The owner, occupant, or resident of the premise or part thereof where anything in
violation of this Ordinance shall be placed or shall exist, or any lessee, tenant, employee,
agent, or corporation employed in connection therewith who may have assisted in the
commission of such violation shall he guilty of a separate offense and, upon conviction
shall be subject to the penalties stawd above.
Section 3. In the event any. Clause, phrase, provision, sentence, ()r part of this
ordinance or the application of the same to any person or circumstance shall for any
reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction,
it shall not affect, impair, or invalidate this Ordinance as a whole or any. part or provision
hereof other than the part declared to be invalid or unconstitutional; and the City Council
of the City of La Porte, Texas,' declares that it would have passed each and every part of
the same notwithstanding the omission, of any such part thus declared to' be invalid or
Unconstitutional, or whether there. he one or more parts.
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THERE HAS BEEN AN ALARM
RESPONSE TO TmS LOCATION:
BY THE City of La Porte:
POLICE FIRE EMS
TIllS RESPONSE HAS BEEN
DETERMINED TO BE A FALSE
ALARM.MORE THAN (5) FIVE
FALSE ALARMS IN A (12)
TWELVE MONTH PERIOD WILL
RESULT IN A SERVICE FEE OF
$50.00 FOR EACH ADDITIONAL
FALSE ALARM RESPONSE.
FOR QUESTIONS CONCERNING
TIllS NOTICE CONTACT:
LA PORTE POLICE DEPT.
915 S. 8 TH ST.
LA PORTE, TEXAS
281-471 3810
FALSE ALARM
LOCATION
OFFICER
INCIDENT#
DATE TIME
City of La Port~
Established 1892
e
604 W F AIRMONT PKWY LA PORTE TX 77571
Burglary / Robbery Alarm User Permit
For Office Use Only:
, 'Ne~'$,'35~OO.
. Update $10~00
, , , . Cancellation'
.;. Permit#__-___
Expiration Datp.:
Date Paid: ,
. Cash or Check #
(please Print)
Name:
Last
First
MI
Drivers lic.#
Mailing Address:
Street
City
Zip
Phone Numbers:
Home:
Work:
I Alarm Site Add.....:
Apt #
Business Name (if applicable):
Phone:
Alarm System Type: Burglar
Robbery (Hold Up)
Local
Other
Alarm Company Name:
Address & Phone no.:
Consenting Local Emergency Contacts
Name
Address
Phone
Please note any Hazardous Conditions at this location such as explosives, dangerous chemicals, guard dogs, etc.
By signing this application, I acknowledge that I have read this application and affirm to the correctness and
accuracy of the information on it, I further agree to comply with all requirements set forth in La Porte Municipal
Ordinance 30-56, governing use of alarm systems within La Porte. Additionally, I authorize the release of all
information specified in section 30-56 (b) of this ordinance to the La Porte Police Department.
Applicant Signature: Date:
S:\CPShare\INSPECTION DlVISION\lnspections\Burglary Alarm Permit ApplicationSept02.doc
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The following are the permit fees for the following cities:
Baytown- Permit fee:.. none
Renewal 2 years -none
Service fee each after 5 responses- $50.00
Deer park- Permit fee- $50.00
Renewal 2 years- $35.00
Service fees- after 3 responses= $25.00
after 5 responses= $50.00
after 5 in same 12mo period=$ 100.00
Houston- Permit fee- $15.00 burglar/ $15 panic-$30.00
Renewall year- $15.00 burglar/ $15.00 panic= $30.00
Service fees-after 5 burglar=$50.00
After 1 panic=$160.00
La Porte- Permit fee-$35.00
Renewal 1 year-$10.00
Service fees- after 5 responses-$50.00 ea.
Missouri city- Permit fee- $35.00 residential $45.00 business
Renewal 1 year- $35.00 residential $45.00 business
Service fees-$50.00 after 5 in 12 mo period
Pasadena- Permit fee- $10.00 2 years
Renewal 2 years- $10.00
Service fees-$30.00 after 5 responses
Seabrook- None
Webster- Permit fee-$ none for residence $25.00 business
Renewal- $ 25.00 business only
Service fee- none violations are by summons class c misd.
cP-(
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 8. 2003
Appropriation
Requested By:
Stephen L. Barr .
Source of Funds:
Department:
Para" Rec:reatiug
Acc't Number:
Report: l-Resolution: _Ordinance:_
Amount Budgeted:
N/A
Exhibits:
Draft Ordinance
Amount Requested:
N/A
Exhibits:
Budl1eted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City Attorney has drafted a proposed Ordinance declaring the City of La Porte a Wildlife Refuge.
When a city is designated as a wildlife refuge, hunting or trapping animals within the city limits either on public
or private property, would be prohibited. There are several ordinances already on the books {Section SO-3(lS)}
that prohibits hunting, shooting of firearms, teasing and molesting animals in City parks or on public property.
This ordinance will extend that to private property as well. There is nothing in the ordinance to prohibit firing a
gun on private property, target shooting for example. There is also provision for a person acting to defend his or
her own person or property when shooting an animal, or for appropriate employees of the city or state acting in
an official capacity.
This Ordinance will have implications for property owners that have 10 or more acres of land and wish
to hunt dove or other game animals within the City limits of La Porte. The Texas State Hunting Laws currently
allows anyone owning 10 acres of land or more, to hunt or allow hunting of game animals on their property
within the prescribed bag limits. This ordinance, as written, will prohibit that right. It will also prohibit
homeowners from trapping or shooting nuisance animals such as raccoons, snakes, squirrels, armadillos and
other small animals that can cause damage to lawns, furniture, and to domestic animals. So, there are many La
Porte residents that this Ordinance, if approved, will affect.
On the other hand, it is also important to protect the rights of animals and to give them a place to go
without fear of being shot, trapped, or molested. And, there are many other unincorporated areas of the State of
Texas that allow hunting, and our citizens can go to those places to hunt or trap as they so desire. We brought
this to Council as a workshop item to allow discussion and review prior to actually making a determination as to
whether the City should become a wildlife refuge, or not.
Action Reouired bv Council:
Consider the City's status as a Wild Life Refuge.
ADDroved for City Council Aeenda
De~~tyt~);a~
9-cJ~3
Date
..
.
DRAFT
'. ORDJ:NANCE NO. 2002 -
AN ORDJ:NANCE AKENDiNG CHAPTER 14, DANJ:KALS D , OF THE CODE OF
ORDJ:NANCES . OJ!' THE CJ:TY or, LA PORTB, TO DECLARE THE CJ:TY OF LA PORTE
A WJ:LDLJ:FE REFUGE, AND PROHIBJ:TJ:NG ltUNTJ:NG dlt TRAPPiNG GAME AND!ALS
J:N THE CJ:TY OF LA PORTB,'PROVJ:DJ:NG FOR A PENALTY.OF A FJ:NE NOT TO
EXCEBD THE SUX OF FJ:VB JlUJmRED DOLLARS' ($500.00) FOR BACH OFFENCB,
CONTAJ:NJ:NG A SBVERABJ:LJ:TY,CLAUSE, FJ:NDJ:NG COKPLLANCEWJ:TH THE OPBN
MBBTJ:NGS LAW, AND PROVJ:DJ:NG AN BFFECTJ:VB DATE HBRBOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CI~Y OF LA PORTE:
Section 1. Chapter 14, "Animals", of the Code. of Ordinances
of t;n~. c;ity of. La Porte,. is hereby amended by amending Section 14-
4, which shall hereafter read as follows, to-wit:
"Sec. 14.4 City hereby declared wildlife refuge, sign
announcing, prohibited acts
(a) The city is hereby declared a wildlife re,fuge.
(b) T:p.e chief. of police is directed to erect appropriate s1gns
at the various entrances to the city, indicating that the city
has been designated a wildlife refuge.
(c) It shall be unlawful for any person within the'city either
on public or private property to do any of the following acts:
1) to knowingly kill, hunt, or shoot, any game animal or
non game animal as those terms are defined in the Texas
Parks and Wildlife. Code;
. 2)" to attempt to kill, hunt, or shoot, any game animal or
non game animal as 'those terms are defined in the Texas
Parks and' wildlif~ Code; ,
3) to tease, annoy,' molest, catch, or throw any $tone,
'object or missile of any .kind at, or s,trike with any
stick, objeqt, or weapon, any game or non game animal as
those terms are defined in the Texas Parks and wildlife
Code; provided, however,' this provision shalJ not apply
to fishing or .fishing activities in any body of water
located within-the corporate limit of the City;
-
4) while on land located within the City of La'Porte park
system, to commit 'any act prohibited by Section 50-3 (15) ,
Chapter 50, "Parks and Recreatio~", ofthi~ Code;
. .
5) to set a trap or to trap any animal by the use' of a
steel-jawed spring 'trap or any other type 'of trap that
would be injurious to an. animal or person; provided,
however, this prov,ision shall not prohibit the trapping
of mice or rats with conventional mousetraps.
.
.
(d) It is an affirmative defense to prosecution under this
section that:
1) the person was acting to defend his or he~ own person
or property, or another individual, from. immediate injury
or harm;
2) the person was acting in' his or her capacity as a
public health officer employed by the City or the State,
and charged with the enforcement of laws or regulations
pertaining to .public health or sanitation;
. .
3) the person was acting in .his or her capacity as an
employee of the city'or the State, and charged with the
enforcem~nt of laws or regulations pertaining to
abatement of public nuisances."
section 2.
Any per.son who violates a provision of this
ordinance, upon conviction in the municipal court of the City of La
Porte, shall be subj ect to a fine not to ~xceed five hundred
dollars ($500.00). Each day of violation shall be considered a
separate offense.
Section 3. If any section; sentence, phrase, clause, or any
part of any section, s~ntenc;:e, phrase, or clause, of tliis Ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, and it is hereby
declared to be the intenti.on.of this City Courlcilto have passed
each section, sentence, phrase', or clause, or part thereof,
irrespective of the ~ac~,that any other section, sentence, phrase,
, . .
or. clause,. or part thereof, may be declared invalid.
Section 4. The City Council officially finds,. determines,
recites, and declares that a sufticient 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 ~y law preceding this meeting, as
required by the Open'Meetings Law, Chapter 551, Texas Government
2
.
e
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 aiscussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.'
section s. This Ordinance shall be in effect from and after
its passage and approval.
PASSED AND APPROVED, this ____ day of
, 2002.
CITY OF LA PORTE
By:
Norman L. Malone, Mayor
ATTEST:
Martha A. Gillett
City Secretary
APi%dtVd
Knox W. Askins
City Attorney
3
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.;
:MEETING HANDOUTS
/ .
,/
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'-
. .r
<:
Code Taskforce Assistance
.
.
Page 1 of 1
Harris, Sharon
ec:
Hudson, Chris [chris.hudson@morrisarchitects.com] . . ^ _/I j/lO j
Monday, September 08,20033:53 PM f). W LJUI~ -- V
'mayorsoffice@ci.la-porte.tx.us' J- ~
'atlargea@ci.la-porte.tx.us'; 'atlargeb@ci.la-porte.tx.us'; 'district1 @ci.la-porte.tx.us'; 'district2@~ .
porte. tx.us'; 'district3@ci.la-porte.tx.us'; 'district4@ci.la-porte. tx.us'; 'district5@ci.la-porte.tx.us';
'district6@ci.la-porte.tx.us'
Subject: Code Taskforce Assistance
Gentlemen:
From:
Sent:
To:
Cc:
I spoke before you at the August 11, 2003. City Council Meeting regarding the adoption of a
new family of codes. I would now like to offer the assistance of two of our architectural
members to participate in a code study taskforce, and have prepared a letter to the Mayor with
a copy to each council member to that effect. Since I know that you have not received that
letter yet, I have attached an electronic copy so that you will know of our offer.
Gary Shirley, AlA, one of the volunteers mentioned in the attached letter is planning on
attending your council meeting this evening.
Thanks for your consideration of this offer of assistance.
Chris Hudson
<<Letter to Mayor and City Council Members 9-4-03.doc>>
Chris A. Hudson, AlA
President & CEO
.C1IDll.hl!4~p@D1orrisar~hitect!t.com
Morris Architects 3355 West Alabama, Suite 200 Houston, TX 77098
Direct 713-850-6505 MaIn 713-622-1180 FlIx 713-622-7021
www.mOl!!.$Jlrc.hitects.COlll
9/8/2003
;
~
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.
4 September 2003
The Honorable Norman L. Malone, Mayor
The City of La Porte, Texas
604 West Fairrnont Parkway
La Porte, Texas 77571
RE: Code Taskforce Assistance'
Dear Mayor Malone:
I spoke before you and the other City Council Members at the August 11, 2003 City
Council meeting where the subject of adopting new building codes for La Porte was on
the agenda. I recommended that you not adopt the C3 Codes, but rather reconsider the
International Family of Codes.
At the conclusion of the discussion on this matter, I recall that the decision was to defer
the issue to further research and consideration. The purpose of this letter is to offer the
assistance of two of our American Institute of Architects members to either serve on a
La Porte code research taskforce, or to act as a resource to the taskforce.
The two AlA members I offer for this assistance are: 1.) Hal Caton, AlA, Board
Member and Director for Industry Affairs (whose responsibility includes code issues);
and 2.) Gary Shirley, AlA, CSI, Chair of our Codes and Standards Committee. Hal
may be reached at telephone no. 281-376-4519 or 713-899-0401. His office address is
21175 Tomball Pkwy, Suite 107, Houston, TX 77070. Gary may be reached at 713-
526-2738 or 281-451-4904. Gary's office address is 3815 Montrose, Suite 123,
Houston, TX 77006.
Both of these gentlemen are familiar with the International and the C3 codes and are
willing to share their knowledge in an unbiased manner. I have personally spoken with
them about this offer and both responded very positively to my request. Please feel free
to contact them directly if you would like their assistance.
Cordially,
Chris A. Hudson, AlA
2003 President
cc: At Large and District Council Members
Hal Caton
Gary Shirley
Year
2002 Tax Rate
Homestead
Disabled
Over-65
" "
Year
:2001 Tax Rate
Homestead
Disabled
Over-65
City of La Porte
$0.71-'
20%
$60.000
$60.000 ,
City of La Porte
$0.71
20%
$60,000
$60,000
La pi IS~
$1.68
20% + $15.000
$10.000 + $30.000
$10.000 + $30,000
La Porte ISO
$1.63
20% + $15.000
$10.000 + $30,000
$10.000 + $30,000
Year City of La Porte
2000 Tax Rate .' $0.71
Homestead 20%
Disabled $60,000
Over-65 $60,000
Year
1999 Tax Rate
Homestead
Disabled
Over-65
Year
~998 Tax Rate
Homestead
Disabled
Ovei'-65
Year
1997 Tax Rate
Homestead
Disabled
Over1!i
Year
1996 Tax Rate
Homestead
Disabled
Over-65
Year
.J.995 Tax Rate
. ,'Homestead
bisabled
Over-65
Year
1994 Tax Rate
Homestead
Disabled
Over-65
Year
1993'Tax Rate,
Homestead
Disabled
Over-65
Year
1992 Tax Rate
1991 Tax Rate
1990.Tax Rate
1989 Tax Rate
1988 Tax Rate
1987 Tax Rate
1986 Tax Rate
1985 Tax Rate
1984 Tax Rate
1983 Tax Rate
1982 Tax Rate
1981 Tax Rate
1980 Tax Rate
1979 Tax Rate
City of La Porte
$0.71
20%
$60,000
$60,000
City of La Porte
$0.71
20%
$60,000
$60,000
City of La Porte
$0.71
20%
$60,000
$60.000
City of La Porte
$0.71
20%
$60,000
$60,000
City of La Porte
$0.71
20%
$60,000
$60,000
City of La Porte
$0.71
20%
$60,000
$60,OOQ
City of La Porte
$0.71,.
20%
$60,000
$60,000
City of La Porte
$0.71
$0.71
$0.71
$0.71
$0.68
$0.66
$0.712
$0.71
$0.71
$0.72
$0.72
$0.72
$0.91
$0.91
La Porte ISO
$1.63
20% + $15,000
$10,000 + $30,000
$10,0'00 + $30,000
La Porte ISO
$1.65
20% +$15,000
$10.000
$10,000 + $30,000
La Porte ISO
$1.61
20% + $15,000
$10,000
$10,000
La Porte ISO
$1.61
20% + $15,000
$10.000
$10,000
La Porte ISO
$1.56
20% + $5,000
$10.000
$10.000
La Porte ISO
$1.56
20% + J5.000
$10,000
$10,000
La Porte ISD
$1.56
20% + $5,000
$10.000
$10,000
La Porte ISO
$1.54
20% + $5.000
$10,000
$10.000
La Porte ISO/CEO
$0.628/ $0.912
$0.610/$0.780
$1.175
$1.095
$1.095
$1.095
$1.065
$1.02
$1.02
$1.00
$1.04
$1.07
$1.59
$1.50
:,
of Shor~acres /
$0.69071,--/ m .,.. b
- - i
$65.000 $7.500 I -:r:.y. 5
$65.000 $40,000 I
\...
City of Morgan's Point City of Shoreacres
, $0.32':'. $0.6oon
20%
$65,000 $7.500
$65.000 $40,000
City of Morgan's Point
$0.29",
20%
$65.000
$65.000
City of Shoreacres
$0.69071'"
$7,500
$40,000
City of Morgan's Point, City of Shoreacres
$0.27, $0.69291
20%
$65,000 $7,500
$65,000 $10,000
City of Morgan's Point City of Shoreacres
. $0;21 $0.69291
20%
$65,000 $7,500
$65.000 $10,000
City of Morgan's Point City of Shoreacres
$0.27. $0.69291
20%
$65,000 $7,500
$65,000 $10,000
City of Morgan's Point City of Shoreacres
$0.37\, $0.69291
20%
$65,000 $7,500
$65,000 $10,000
City of Morgan's Point City of Shoreacres
! $0.38 .., $0.73600
20%
$65.000 $7,500
$65.000 $10,000
City of Morgan's Point City of Shoreacres
$O.3~ $0.73600 .
20%
$65.000 $7,500
$65,000 $10,000
City of Morgan.s Point City of Shoreacres
$0.39":. $0.69291..,
'20%"
'$3,000 $7,500
$3.000 $10.000
City of Morgan's Point City of Shoreacres
.$O.4Q.
$O.~O
$0.40
$0.3957
$0,395
$0.38
'$0.38
$0.36
$0.40
$0.40
$0.44
$0.55
$0.80
$0.80
$0.7360
$0.7050
$0.6850
$0.6560
$0.6590
$0.6391
$0.6222
$0.6270
$0.5731
$0.7690
$0.7500
$0.8000
$1.0000
$1.0000
I.~').
..IB,//
-11-h4J
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~
'J..t - €)r \J t e
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~e
~ _11.2003
Requ By: Rirhanl J'~ RefI'
Aoomoriation
Source of Funds:
Accwnt Nwnber:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES ~
Department: PoI.ct
Report:
Eshibits:
Resolution:
Ordinance:
EDibits:
Juveniles.
EDibits:
Public Bearing Notice
City Ordinance Artide m Curfew for
SUMMARY & RECOMMENDATION
In acconIanoe with see 370.002 of the Texas Local Government Code, Review of Juvenile Curfew Order of
Ordinance the Oty of La Porte is iequired to hold a Public Notice conoeming this ordinance every year. There are
three possible actions that may take place after the Public Hearing: .
1. Continue the Ordinance as written.
2. Abolish the Ordinance.
3. Modify the 0ntiDance.
In the event there are some modifications to be made, the modified ordinance will be drawn up and brought before
Council on August 25, 2003 for approval. Ordinance # 93-1887 bas been in effect since 1993. Section 42-73
prohibits any minor under the age of 18 to be out between the hours of 12 Midnight and 6 8.m on any day of the
week, and between the hums of 9 a.m and 2:30 p.m on any school day.
Aetion Reauired bv Council: Hear pros or cons during Public Hearing concerning Juvenile Curfew
Ordinance and determine what action needs to be taken reg~g ordinance.
y"S -03
Date
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e
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBUC HEARING
In accordance with see 370.002 of the Texas Local Govt Code, Review of Juvenile Curfew
Order or Ordinance, notice is hereby given that the City of La Porte will conduct a public hearing at
6:00 P.M. on the 11th day of August 1003, in the Council Chambers of the City Hall, 604 West
Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to review the Juvenile Curfew
Ordinance and determine to continue the Ordinance as it is written, abolish the Ordinance, or
modify the Ordinance.
Citizens wishing to address Council pro or con during the Public Hearing will be required to
sign in before the meetin8 is convened.
CITY OF LA PORTE
Martha Gillett
city Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive
services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's
office at (281) 471-5020 or TOD Line (281) 471-5030 for further information.
-
.
MISCELLANEOUS OFFENSES
~ 42-72
See. 42-36. Exceptions to article..
Sections 42-32-42-35 shall not apply to duly licensed peace officers; law enforcement officer
alias handgun licensees; and active judicial officer licensees.
(Ord. No. 95-2072, ~ 5, 10-23-95)
See. 42-37. Penalty for violation of arti~le.
Any person who violates section 42-33 or 42-34 of this, article, upon conviction in the
municipal court of the city, shall be subject to a fine for each offense in an amount established
by the city and listed in appendix B of this Code.
(Ord. No. 95-2072, ~ 7, 10-23-95)
State law reference-License to carry a concealed handgun, Vernon's Ann. Civ. St. art.
4413(2gee).
Sees. 42-38-42-70. ReServed.
ARTICLE m. ~ FOR JUVENILES
See. 42-71. Findings and determinations.
(a) The city council has determined that there has been an increase in juvenile violence,
juvenile gang activity and an increase in crime by persons under the age of 18 in the city.
Persons under the age of 18 are' particularly susceptible, because of their lack of maturity and
experience, to participate in unlawful and gang-related. activities and to be victims of older
perpetrators of clime.
(b) The city has an obligation to provide for: '
(1) The protection of minors from each other and from other persons;
(2) The ~tablishment of parental control of and responsibility for their children;
(3). The protection of the general publiC; and
(4) The reducti~n of the incidence of juvenile criminal activities.
(c) The citysouncil has determined that a curfew for those under 18 years of age will be in
the interest of the public health, safety and general welfare, and will help to attain the
objectives of this section and will diminish the undesirable impact of such conduct on the
citizens of the city. .
(Ord. No. 93-1887, ~ 1, 2-9-93)
See.. 42-72. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except whe~e the context clearly indicates a different meaning:
Emergency means an unforeseen combination of circumstances or the resulting state that
calls for immediate action. The term shall include, but not be limited to, a fire, natural disaster,
vehicular accident or a serious medical condition of sudden onset.
CD42:5
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~ 42-72
LA PORTE CODE
Guardian means the person who, under a court order, is the guardian of the person of a
minor or the public or private agency with whom a minor haS been placed by a court.
-'Minor means any person under .18 years of age.
Parent means the natural mother or father or adoptive mother or father of a minor.
Public place means any place to which the public or a substantial group of the public has
access and includes, but is not limited to, streets, highways and the common areas of schools,
hospitals, apartments, houses, office buildings, transport facilities and shops.
(Ord. No. 93-1887, f 2(13.51), 2-9-93)
'Cross reference-Definitions generally, f 1-2.
Sec. 42-73. Prohibited acts; offenses.
(a) It shall be unlawful for any minor to knowingly remain, walk, run, stand, drive or ride
about, in ,or upon any public place in the city:
(1) Between the hours of 12:00 at night (midnight) and 6:00 a.In. on any day of the week;
or
(2) Between the hours of 9:00 a.m. and 2:30 p.m. ~n any day on which classes are in
session in the La Porte Independent School District.
(b) It shall be unlawful for the parent or guardian having legal custody of a minor to
knowingly allow or permit the minor to be in viol~tion of the curfew imposed ii1 subsection (a)
of this section.
(Ord. No. 93-1887, ~ 2(13.52), 2-9-93)
See. 42-74. Defenses to prosecutiOD'UDder sectioD 42-73. .
It is a defense to prosecution under section 42-73 that:
.(1) The minor was accompanied by his parent or guardian;
(2) The minor was accompanied by an adult designated by his parent or guardian;
(3) The minor was on an errand made necessary by an emergency;
(4) The minor was attending a sc1iool, religiov.s or government-sponsored activity or was
traveling to or from a school, religious or government-sponsored activity;
(5) The minor was engaged in a lawful employment. activity or was going directly to or
coming directly from lawful employment;
(6) The minor was on the sidewalk of the place where he resides;
(7) The minor was on an errand directed by his parent or guardian;
(8) The minor was in a motor vehicle involved in intrastate or interstate transportation;
(9) The minor was engaged in, participating in or traveling to or from any event, function
or activity for which the application of section 42-73 would contravene his rights
protec;ted by the state ~r United Sta~s Constitutions;
CD42:6
,
,
MISCELLANEOUS OFFENSES
f 42-91
(10) The minor was married ot had been married, or had disabilities of minority removed
in accordance with V:T.C.A., Family Code ch., 31; or
-(11) With respect to the hours between 9:00 a.m. and 2:30 p.m. only, that the offense
occurred during the school summer vacation break. period of the school in which the
minor is enrolled; on a holiday observed by the closure' o~ classes in the school in which
the minor is enrolled; or that the minor has graduated from high school or received a
high school equivalency certificate.
(Ord. No. 93-1887, f 2(13.53), 2-9-93)
Sec. 42-75. Supplemental effect of article.
The provisions of this article ar~ supplemental and shall be cumulative with all other laws
and ordinances applicable in any manner to juveniles.
(Ord. No. 93-1887, f 2(13.54), 2-9-93)
Sec. 42.76. Enforcement of article.
Notwithstanding the penal effect of this article, the chief of police is encouraged to develop
alternative enforcement strategies, which may include, but need not be limited to, the return
of minors to their residences or schools, counseling with minors and their parents or guardians,
the issuances of waming citations to minors or their parents or guardians, or the referral of
instances that appear to also involve the violation of school attendance laws to those. officers
who are responsible for the enforcement of those laws. The enforcement strategies'shall be
promulgated in writing to members of the police department so that this article may be
enforced in a uniform manner.
(Ord. No. 93-1887, i 2(13.55), 2-9-93)
Sees. 42.77--42.90. Reserved.
ARTICLE N GRAFFITI.
Sec. 42.91~ Definitions.
lThe following words, terms and phrases, as used in this article, shall have the meanings
respectively ascribed to them in this section, unless the context clearly indicates otherwise:]
Agent shall mean any individual employed by the City of La Porte, or a volunteer for the City
of La Porte, duly designated and authorized by the city manager to act on behalf of the City of
La Porte pursuant to the terms of this article.
*Editor's Dote-Sections 1-11 of Ord. No. 98-2214, adopted January 26, 1998, ad~ed
provisions to the Code, but did not specify manner of inclusion: Therefore, at the discretion of
the editor, said provisions have been included as it 42-91--42-101 herein.
Supp. No. 1
CD42:7
.'
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THE BAYSHORE SUN · SUNDAY, JULY 27, 2003 · PAGE {.'
'.."\"" ..
>.t
....,
:'v '~
\ '
EDNESDAY PAPER 10 A.M. TUESDAY
\ '
~ PAPER 10 A.M. FRIDAY
PUBLIC NOTICES
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF.LA PORTE
NOTICE OF PUBLIC
HEARING
In accordance
with sec 370.002 uof the
Texas Local Govt Code,
Review of Juvenile Curfew
Order of Ordinance, notice
is hereby given that the
City of La Porte will con-
duct a public hearing at
6:00 P.M. on the 11th day
of August 2003, in' the
Council Chambers of the
City Hall, 604 . West Fair-
mont Parkway, La Porte,
o Texas. The purpose of this
hearing is to review the Ju-'
venile Curfew Ordinance
and'determine to continue
the Ordinance as it is writ-
ten, abolish the Ordinance,
or modify the Ordinance.
Citizens wishing
to address Council pro or
con during the Public
Hearing will be required to
iL sign in before the meeting
ill is convened.
ce
ct
iJII
u-
It-
r5
~d
CITY OF LA PORTE
Martha Gillett
City Secretary
a- This facility has disability
a- accommodations availa-
M ble. Requests for accom-
'{, modations or interpretive,
2- services at meetings
v- should be made 48 hours
prior. to the meeting.
'I Please contact City Secre-
tary's office at (281 )471-
5020 or TOO Line
I (281)471-5030 for further
information.
BID NOTICE
TEXAS TITLE AND
TRANSFER IS ACCEPT-
ING BIDS FOR THE PUR-
CHASE OF A ~
KINGFISHER VIN#
KNG00191M76K UNTIL
AUGUST 3. 2003. CALL
281-842-7700 FOR MORE
INFORMATION ASK FOR
DEE DEE.
BID NOTICE
TEXAS TITLE, AND
TRANSFER IS ACCEPT-
ING Blo"S FOR THE PUR-
CHASE OF .A ~
EVINRUDE VIN#
J38700SO UNTIL AU:
GUST 3. 2003. CALL 28t-
842-7700 FOR MORE IN-
FORMATION ASK FOR
DEE DEE:
CITY OF LA PORTE
NOTICE TO BIDDERS
SEALED BIDS #0892
STREET MATERIALS-
ASPHALT
ALL SEALED BIDS
SHALL BE SUBMITTED
IN DUPLICATED, AND
CLEARLY MARKED
WITH BID NUMBER AND
DESCRIPTION. BIDS
WILL BE RECEIVED AT
THE CITY SECRETARY'S
OFFICE, CITY HALL, 604
WEST FAIR MONT PARK-
WAY: LA PORTE, TX,
77571 UNTIL 2:00 P.M.
MONDAY. AUGUST 4.
~
THE BIDS WILL BE '
OPENED AND PUBLIC
L Y READ IN THE COUN-'
CIL CHAMBERS IMMEDI-
ATELY AFTER THE
CLOSING HOUR FOR,
THE BIDS ON SAID
DATE.
NO LATE BIDS WILL BE- :;; ;
CONSIDERED " . , .
;:;;}";-i
.., '\
FORMS FURNISHED BX _ . :;
THE CITY OF LA PORTE'":' ~:;
MAY BE OBTAINED ' .
, WITHOUT DEPOSIT
FROM THE PURCHAS-,
ING OFFICE LOCATED
AT 2963 N. 23RD
STREET, LA PORTE, TX
77571. THE CITY RE-
SERVES THE RIGHT TO
REJECT ANY AND! OR
ALL BIDS, TO WAIVE
ANY AND ALL TECHNI~
CALITIES AND TO AC-
CEPT ANY BID OR PARt: '
THEREOF, WHICH IN:'
THE OPINION OF THE
CITY COUNCIL, IS MOST
ADVANTAGEOUS TO '
THE CITY.
FOR INFORMATION
CONCERNING THIS BID,
PLEASE CONTACT SUS-
AN KELLEY, PURCHAS-
ING MANAGER, AT 281-
471-5020 EXT. 328.
Subscribe to
e Baysbore
Sun
lor only.
$~O.OO
per year
..-47.-.234
PUBLIC NOTICES '
" .
BID NOTICE
LA PORTE IS ACCEPT-
ING REQUEST FOR
PROPOSALS FOR
CHEMICALS #241 UNTIL
AUGUST 7, 2003, 11 :00
A,M. BIDS WILL BE
OPENED AT 1002 SAN
JACINTO STREET . LA
PORTE "TX. QUES-
TIONS ABOUT THIS
PROPOSAL SHOULD BE
DIRECTED TO MR.
CHRIS KAMRADT @ 281-
604-6952. ALL OTHER IN-
QUIRES CALL 281-604-
7062.
BID NOTICE
TEXAS' TITLE AND
TRANSFER IS ACCEPT-
ING BIDS FOR THE PUR.
CHASE . OF A 1976
KINGFISHER VIN#
KNG00191M76K UNTIL
AUGUST 3. 2003. CALL
281.842-7700 FOR MORE
INFORMATION ASK FOR
DEE DEE.
BID NOTICE
TEXAS TITLE AND
TRANSFER IS ACCEPT.
ING BIDS FOR THE PUR-
CHASE OF A 1973
EVINRUDE VIN#
J3870050 UNTIL AU-
,GUST 3.2003. CALL 281-
842-7700 FOR MORE IN-
FORMATION ASK FOR
DEE DEE.
NOTICE TO CREDITORS
, All pel1/ans hav-
ing claims agair-'....'laid Es-
tate are hereb~,,- )Jired to.
present the same to. said
Independent Executar,
within the time and in the
manner prescribed by law,
at the address shawn be-
law.
The residence af
the Independent Executar
is in Harris Caunty, Texas.
The past affice address is:
c/o. Mr. Clark T. Askins
Askins & Armstrang, P.C.
P.O. Bax 1218
La Parte, TX 77572-1218
DATED the 2nd day 9f
July, 2003
/
Pursuant to. Chapter 59,
Tx Praperty Cade, a public
auctian will 'accur' an Au-
gust 4, 2003, at 10AM, at
Gulf Caast Self Starage,
2915 N. 23rd, La Parte,
Tx. 77571, to. satisfy a land
lard's lien. Praperty said to.
highest bidder far cash.
Seller reserves the right to.
withdraw praperty fram
sale. Praperty cansists af
hausehold gaads, 'taals,
c1athing, children's items,
furniture, bicycles, etc.
Tenant's units to. be auc-
tianed are listed: Denise
Harrelsan, Melissa Fisher,
Daniel J. Guerra, Tany
Hape, Kelly, Hawkins,
Jahn Smith, Virginia Guer-
rera, Jimmie McKay, By-
ran Daigle, Brenda Mases,
Tina W. Acrey. Far info..
call 281-842-9375.
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
. Natice is hereby In accardance
given that ariginal Letters with sec 370.002 af the
Testamentary far the Es- Texas Lacal Gavt Code,
tate af MILBORNE L., Review af Juvenile Curfew
HOLLAND, Deceased, '. Order af Ordinance, natice
were issued' an June 27, is hereby given that the
2003, in Dacket No.. ;City af La Parte will can-
339,554, pending in Pra- duct a public hearing at
bate Caurt No.. 2 af Harris 6:00 P.M. an the 11th day
Caunty, Texas, to.: PEGGY o.f August 2003, in the
HOLLAND, Independent" Cauncil Chambers af the
Executor. ' City Hall, 604 West Fair-
'mant Parkway, La Parte,
...... .
Texas. The purpose af this
hearing is to. review t~Ju-
venile- Curfew Ordin~nce
and determine to. continue
the Ordinance as it is writ-
ten, abolish the Ordinance,
ar madify the Ordinan_cl;!.
Citizens wi~ing
,to. address Cauncil pro. ar
can during' the. Public
Hearing will be required to.
sign in befare the meeting
is convened. ?
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability
accemmodatiens availa-
ble. Requests fer accom-
'medatiens or interpretive
services at meetings
shauld be made 48 heurs
prior to. the meeting.
Please centact City Secre- ,
tary's effice at (281 )471-
5020 er TDD Line
(281 )471-5030 fer further
infermatien.
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Back-up not required for this item
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds:
Department:
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Amount Requested:
Exhibits: Boards and Commissions Outline
Budgeted Item: YES NO
Exhibits: Correlilpondenee from .lohn .Toernlil
SUMMARY & RECOMMENDATION
Various appointments to Boards and Commissions expire in August and some vacant positions need replaced. City
Council needs continue discussions and provide the City Secretary with direction.
Action Required bv Council:
Provide City Secretary with direction on appointments expiring in August, 2003 and replacement ofvacant
positions.
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Date'
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Gillett, Martha
From:
Sent:
To:
Subject:
John D. Armstrong Oohn-a@swbell.net]
Tuesday, May 27, 2003 11 :06 AM
Gillett, Martha
Re: Engelken
Martha,
The Code of Ordinances is very specific as to the composition of the
planning and zoning commission... Sec 106-62 states that the p&z
consists of 7 resident qualified voters, 2 year terms, 1 from each of
the 6 member council districts, and an at-large chairman. No provisions
at all for alternates...
Contrast that to Sec. 106-86 of the Code, dealing with the Zoning Board
of Adjustment... 5 members, PLUS 2 ALTERNATES, not members of the p&z
or the City Council, who are citizens... 2 year terms, but removable for
cause.. .
It is clear that no code prov~s~on ,exists for alternate P&Z members.
However, Council is well within it's powers to amend the makeup of the
P&Z by Ordinance, and I see no prohibition in the Local Govt Code or the
City Charter against Council by Ordinance amending Sec.106-62 of the
Code, although we'd have to follow the zoning ordinance notice
requirements (for general amendments to the Ordinance) .
Hope this clears it up for you. Call or write if you have other questions.
Take Care,
John A.
Gillett, Martha wrote:
>Mr. Engelken called and wanted to know if it was possible for Council
>to appoint alternate members to the Planning and Zoning Commission?
>Please advise. Thanks
>
>Martha
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BOARDS AND COMMISSIONS
Allport Advisory Board - No additional discussion needed.
Board of Adiustment - Letters were sent to representatives confirming their willingness to
serve the upcoming term. ,No one 1!.as decli~ed. No additional discussion needed.
Civil Service Commission - Report from City Manager.
Lindsay Pfeiffer Chairman - Expired 8-31-2002 - Moving out of the City in the
future. '
Vacant Position - Vacated by Barry Beasley
Bobby Powell- Term expires 8/31/2003
Fire Code Review Committee - Rick Luna called and said he would like to be removed
from the Board. This is a district appointment for District 5.
La Porte Develooment COIporation Board....: Letters were sent to representatives confirming
their willingness to serve the upcoming term. No one has declined. No additional
discussion needed.
La Porte Health Authoritv - Letters were sent to representatives confirming their willingness
to serve the upcoming term. No one has declined. No additional discussion needed.
La Porte Area Water Authoritv - Discussion Needed
Position 1 - George Robert Roy, Chairman
Position 2 - Vacated by AI Fields
Position 3 - Vacated by Robert T. Herrera - due to accepting position in Hondo,
Texas.
Position 5 - Paul Berner currently fills position and does not expire until 8-31-2004.
Planning ,and Zoning Commission -:- Need to make decision on adding alternate positions.
See email from John Armstrong.
Needs confirmation of District 5.
Southeast Texas Housing Finance Comoration Board - No further discussion needed.
TIRZ and La Porte Redevelooment Authoritv - See attachments from John Joems.
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Page 2
Discuss creating a Contractor's Review Board"':' consider th~ following individuals and
recommend additional names of representatives to serve. .
,
Alternate - Needs recommendation
Engineering - Carlos Smith
Electrical- Tommy Moser
Air Conditioning - Tom Stringer
Plumbing - Tom Campbell
Contractor - Brian Moore
At Large - Rod Rothermel
Chanter 172 - Needs staff recommendation.
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Melisa Lanclos
Assistant City Manager's Office
August I, 2003
RECEIVED
AUG 0 1 2003
. CITY SeCRErARY.~
To:Martha GIllett, City Secretary OFFICI
c: John Joerns, Assistant City Manager
I telephoned members of the TIRZ/La Porte Redevelopment
Boards to confirm their desire to continue to serve. The following
are members whose term will expire this month. I spoke with all
three and they all wish to be reappointed by the City:
~ Peggy Antone
~ Alton Porter
~ Norman Cook
Attached are letters sent to LPISD and Harris County requesting
their appointments.
Let me know you need anything else.
Thank you,
Melisa
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Melisa Lanclos
Assistant City Manager's Office
August 1, 2003 : ,
REceiVED
AUG 0 1 2003
. CITY SECReTARY!:?
, To:Martha GIllett, City S~cretary OFt:'CEi.
c: John Joernsi As~istant City Manager
'I telephoned members of the TIRZ/La Porte Redevelopment
B'oards to confirm their desire to continue to serve. The following'
, are members' whose terni will expire, this month. I spoke with all '
thiee, and they all wish to be reappointed by the City:
'. ~' Peggy Antone
,~ Alton P()rtet,
~ Norman: Cook
Attached are -letters sent to LPISD and Harris County requesting
their ~ppointmen~s. " ' . '
Let me know you need a:~ything else~ ,
Thank you,
Melisa
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July 29,2003
Dr. Molly Helmlinger
La Porte Independent School District
301 E. Fairmont Parkway
La Porte, Texas 77571
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City of La_Porte
Established 1892
Re: Reinvestment Zone No.1, City of La Porte, Texas
LPISD's Appointment to Position 7
Dear Dr. Helmlinger:
On May 1,2003, we notified you (letter attached) regarding the District's appointment to the City of La
Porte Reinvestment Zone Number One/La Porte Redevelopment Authority Board. As of this date, we
have not received a response.
Please advise and furnish documentation when the appointment is made. Please call if you have any
questions.
Thank you in advance for your cooperation.
c: Debra B. Feazelle, City Manager
David Hawes, Hawes, Hill and Associates
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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'City of La Porte
Established 1892
May I, 2003
Dr. Molly HelmIinger
La Porte Independent School District
30 I E. Fairmont Parkway
La Porte, Texas 77571
Re: Reinvestmerit Zone No. I, City of La Porte, Texas
LPISD's Appointment to Position 7
Dear Dr. Helmlinger:
On May 24, 1999, City Council approved Ordinance 99-2325 creating Reinvestment Zone #1, La Porte, Texas that
established a Board of Directors with 9 positions. Per the TIRZcreation ordinance, May 24 is the expiration date
for the TIRZ Board appointments.
The District appointed David Webb to serve for a 2-year term as Director for Position 7 and he was reappointed for
a 2-year term in 2001. The term established for Position 7 will expire on May 24, 2003.
However, on June 10, 2002, La Porte City Council adopted revised procedures for appointment of boards and
commissions. These revisions cha~ged the term expiration date for City appointments from May 24th to August
30th. Therefore, the 7 positions.appointed by the City of La Porte now expire in August.
The District may wish to appoint an individual to fill this position effective May 24, 2003, and leave the expiration
date as Mayor alternatively, you may wish to establish an expiration date of August 30, 2005 or until a successor is
named. This would then coincide with City appointments. The choice is yours.
Per bylaws of the La Porte Redevelopment Authority, the District's appointment to the Reinvestment Zone
automatica~ly serves.on the Redevelopment Authority for the same term.
Please advise and furnish documentation when the appointment is made.
Thank you for your cooperation.
Sincer.el)? ,,--;;;.. '
//~'~,.. )
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,.....:z ("-"', 7fo" .--...... "
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,John ~~:~
/ Assisr City Manager
c: Debra B. Feazelle, City Manager
David Hawes, Hawes, Hill and Associates
604 W, Fairmont Pkwv. · La Porte. Ti'xi"l!': 77::;71 . f?1l1', 471.;::n~r.
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City of La Porte
Established 1892
July 29, 2003
David Turkel
Economic Development Administrator
Harris County
1310 Prairie, Suite 550
Houston, Texas 77002-2042
Re: Reinvestment Zone No.1, City of La Porte, Texas
Harris County's Appointment to ?osition 9
Dear Mr. Turkel:
On May 1,2003, we notified you (letter attached) regarding the County's appointment to the City of La
Porte Reinvestment Zone Number One/La Porte Redevelopment Authority Board. As of this date, we
have not received a response.
Please advise and furnish documentation when the appointment is made. Please c~ll if you have any
questions.
Thank you in advance for your cooperation.
c: Debra B. Feazelle, City Manager
Commissioner Sylvia Garcia, Harris County Precinct 2
David Hawes, Hawes, Hill and Associates
604 v\'. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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City of La Porte
Established 1892
May 1, 2003
David Turkel
Economic Development Administrator
Harris County
1310 Prairie, Suite 550
Houston, Texas 77002-2042
Re: Reinvestment Zone No. I, City of La Porte, Texas
Harris County's Appointment to Position 9
Dear Mr. Turkel:
On May 24, 1999, City Council approved Ordinance 99-2325 creating Reinvestment Zone #1, La Porte, Texas that
established a Board of Directors with 9 positi9ns. Per the TIRZ creation ordinance, May 24 is the expiration date
for the TIRZ Board appointments.
The County appointed John Black to serve for a 2-year term as Director for Position 9 and he was reappointed for a
2-year term in 2001. The term established for Position 9 will expire on May;24, 2003.
However, on June 10,2002, La Porte City Council adopted revised procedures for appointment of boards
and commissions. The revisions changed the term expiration date for City appointments from May 24th to
August 30th. Therefore, the 7 positions appointed by the City of La Porte now expire in August.
The County may wish to appoint an individual to fill this position effective May 24, 2003 and leave the expiration
date as Mayor alternatively, you may wish establish an expiration date of August 30, 2005, or until a successor is
named. This would then coincide with City appointments. The choice is yours.
Per bylaws of the La Porte Redevelopment Authority, the County's appointment to the Reinvestment Zone
automatically serves on the Redevelopment Authority for the same term.
Please advise and furnish documentation when the appointment is made.
Thank you for your cooperation.
Sinc~~~ /'--:-
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~hn Joems
Assist~City Manager
c: Debra B. Feazelle, City Manager
COmniissioner Sylvia Garcia, Harris County Precinct 2
David Hawes, Hawes, Hill and Associates
604 \'V. Fainnont Pkwy. · La Porte, Texas 77571 . (?xl\ 4.'?l.:;n'ir,