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HomeMy WebLinkAbout2003-08-25 Regular Meeting e e\ , e CONSENT AGENDA e e. . A e . 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, . '-1YltJM:l1tLl/JDitf Martha Gillett City Secretary Passed and approved on this 8th day of September 2003 ~tJi;?,/~ / j~ Malone, Mayor e e B e e 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 e e 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. 1 e e 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 2 e CITY OF LA PORTE FINANCE DEPARTMENT ACCOUNTING DIVISION e 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 e Pitney Bowes e "'hld''''' fkP.~' (~ne~ai COOI1~~ . , . ~~.;t~:!i(;~r;};'i! t;rV",t~!ert:~: ~f;(f It{~~:!fi~'')~~i L;iO:t\ I.)~~r~~{"mf:r..~ 3S ~V.~1~~i,;;tW n!~Y(: p.o. H.,}): ;~OGU Sr';~:~Ot\ C~n!fett~i."~jt n{~i~34 -~ (it) ~y.....t~ rJtnt~v{;~r;~t'X-. ~:ntn 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.. . . Sinct.'tc!y.. . ... .",.~)1 ~ ., //. ~'''('\;-' //. (.....tH.5,~..re '; ). l./hitC--\f;~>--, .!'\!lg~lo N. Chadas ~~56~..f-i~1~.1 ; -f/~Je- /or2 ~ p.t . B · =rnn= I ney owes ~ 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 PAGE 1 PB SLR2 (8/01) ~~~ Pllr.:~ ? mR IInnITI(l~11I1 T~RM~ 1I~ln r.mInITI(lN~ ,eve ,3-0 r ;z ~. - -A- =rnFr= Pitney B~s BILLING ADDRESS : I 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 [ e e c e e 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 e e 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''''. . e 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 e e 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 e e D e e 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 e e 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 e e 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: e e . e 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 If F1l~;+ A '\ -' e 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 " r)l t;. b,,-/;- E> " e e 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 ~\ lftlb\'f- C If- e It 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 -f- '1 [f h0-~t, D -; - e 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 VEx L 'h; t C if C' e e 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 \ L F}I . \, F} ~ t> \' 1: e .e \ \ / . e 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 , .. e e 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) ALTERNATE VOTING DELEGATE(S): 1. 2. 3. t~'f [J)lJJlCil m<fAl13'fJr -W~t1 <J TITLE 3. NAME Title: y~ 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 -~ . .._~ - e . A I ~ - -- CAMPAIGN PROPOSAL ~ 1!.i1 :lE)ortr :fl;1i1in $trrrt ~55oriiltion www.ci.la-porte.tx.us . "P.....UIl"~""I".....u. . Ilullll.I~;UI"~"llI" www.laportechamber.org ~ 1 ~ :';: .~ r ;.:. i "J ~-' A f ,. ;.\ --;, r -;: " , ! ~ f '. ;~ " t~. ~~ ., 1 , ~ ~ d ~ g ~ ;, [- " ~ , t X ;1 4~ ~~ ,. "' " ~; ~ '}" ~ " 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, I cable access channel, etc. ~ Include campaign material in welcome packets ~ Development initial plan July fl Timeline , ~h()P La V()rte e "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 e Marketing Plan , ~h()P La V()rte e e e 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. e , . 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. e ~hVP La Vvrte , 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. e e B e e. 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 ~~l~~ ~ ra B. FeazeDe, . . . ~anag _Q)-;;2-0 3 Date - e e 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. e e 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. e . 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. e e 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. e e 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. e e c. ./ e . 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 ~~~~pJv ?-d-f) ~ Date e e 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.' . e 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. I 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. . e 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. e e 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 e .e (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 e e 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: e e 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 I 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; I 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. e e 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 e e 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 e e 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. e e 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 e e 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. e e 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 e e 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-( e e D / /! . e 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 . .; :MEETING HANDOUTS / . ,/ . '- . .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 ; ~ . . 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 ~--- ~ 'J..t - €)r \J t e . ~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 - 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 . e ~ 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 .' .-, 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. .~- ... .--- /' . / /. . ,- , - . e . Back-up not required for this item . . .. e ".-- e. \ ; . I . e 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. ~'S--d; Date' D . . 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 > > > > > > 1 e . 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. . . 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. .1 e e o o 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 " ~J e !J ._, . "'._ ,~.. .~ C' . e 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 i I I \ ! i j i , , I " , ( :, e July 29,2003 Dr. Molly Helmlinger La Porte Independent School District 301 E. Fairmont Parkway La Porte, Texas 77571 .- 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 e . '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)? ,,--;;;.. ' //~'~,.. ) I _: ......,."."" __.. ,.....:z ("-"', 7fo" .--...... " ;./ ....,"..~Lu.. ...... t..."'-.,;- ,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. '~ e i '. . 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 j / e . .. ;. 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~~~ /'--:- /~~/ . "'~'. .'~-. ,"<;: '. ~" .~ ..;.. '....-. ~ . '. . ,,-,. ....,1'" .', 1:), ~ "'" ..,-- ~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,