HomeMy WebLinkAbout2005-01-10 Regular Meeting and Workshop Meeting of La Porte City Council Minutes
CONSENT AGENDA
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MINUTES OF REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
January 10, 2005
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:00 p.m.
Members of City Council Present: Councilmembers Chuck Engelken, Tommy Moser, Barry
Beasley, Peter Griffiths, Mike Clausen, Howard Ebow, Mike Mosteit, Louis Rigby and Mayor
Alton Porter
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle,
Assistant City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City
Attorney Clark Askins, Police Chief Richard Reff, City Secretary Martha Gillett, EMS Chief
Ray Nolen, Supervising Engineer Robert Cummings, Planning and Community Development
Director Wayne Sabo, Fire Chief Mike Boaze, Parks and Recreation Director Stephen Barr,
Human Resources Manager Sherri Sampson, IT Manager Al Owens, Assistant Finance Director
Michael Dolby and Secretary III Shannon Green
Others Present: Spero Pomonis, Dave Turnquist, Amanda Anderson, Aaron P. Patterson, Sue
Gale Mock Kooken, Bill Scott, Charles Carter, Paul Hickenbottom, Barbara Norwine, David
Johnson, Allison Hooker, Cindy Stamps, Julie Stamps, Symathia Vyoral, Bryant Reed, Kimberly
Tully, Toni Garcia, Megan Vasquez, Clint Tully Brittany Doyal, Trent Wise, "Houston
Chronicle's" Carol Christian, Chamber of Commerce's Colleen Hicks, other citizens and students
2. Mayor delivered the invocation.
3. Mayor Alton Porter led the Pledge of Allegiance.
4. A. Mayor Porter presented Citizen Elaine Bonner with a Proclamation in honor of her
dedication and contributions of her time for the Community.
B. Records Clerk Wendy Gottus was unavailable to receive recognition for the first cost savings
program award. Wendy's presentation will be held at a future City Council Meeting.
5. CONSENT AGENDA
A. Council to consider approval of the Regular Called Meeting Minutes and Workshop Minutes
held on December 13,2004.
Motion was made by Councilmember Moser to approve the Minutes of the Regular Called
Meeting and Workshop Meeting as presented. Second by Councilmember Griffiths.
Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Porter, Ebow and Griffiths
Nays: None
Abstain: Rigby
Council to consider approval of Consent Agenda Items Band C jointly.
City Council Regular Meeting and Workshop Meeting - January 10, 2004
Page 2
B. Council to consider approval of utilization of the interlocal agreement through the State
of Texas Department of Information Resources.
C. Council to consider re-appointing Ms. Jodi (Bobo) Norris as a board member of the
Subsidence District of Harris-Galveston Coastal Subsidence District.
Motion was made by Councilmember Rigby to approve Consent Items B & C as presented.
Second by Councilmember Beasley.
Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Porter, Ebow, Rigby and Griffiths
Nays: None
Abstain: None
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PA YERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA
Bill Scott of 1802 Lomax School Road, La Porte, Texas 77571, wanted to show the new
Councilmembers what it is like to live down wind from a feedlot and injustice. He stated two
Board of Adjustment members have repeatedly violated the law to take care of their friend
with a feedlot. He asked Council for the name of the person that authored the filthy lies you
people call Board of Adjustment "finding of fact". He demanded when they are going to give
him the name of that person? Mr. Scott questioned Mayor Porter why he is covering up for
this citizen. Bill Scott showed a video clip.
Cindy Stamps of214 Baywood, Shoreacres, Texas 77571 spoke on Item 7 regarding the City
of La Porte Scooter Ordinance. Ms. Stamps questioned if safety of different types of scooters
has been researched and encouraged Council to thoroughly research.
7. Council to consider approval of the amendment and additions to Chapter 70, Traffic and
Vehicles, of the Code of Ordinances to regulate the use and operation of Motor Assisted
Scooters.
Pol ice Chief Richard Reff presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2005-2802 - AN ORDINANCE
AMENDING CHAPTER 70 OF THE CODE OF ORDINANCES BY AMENDING
SECTION 70-1 AND ADDING SECTIONS 70-75 AND 70-76 AND RELATING TO THE
USE AND OPERATION OF MOTOR ASSISTED SCOOTERS BY REGULATING THE
OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN PATHS, TRAILS,
ALLEYS, STREETS AND HIGHWAYS; PROHIBITING THEIR USE DURING
NIGHTTIME HOURS; REQUIRING THAT INDIVIDUALS UNDER 21 YEARS OF AGE
WEAR A PROTECTIVE HELMET WHILE OPERATING A MOTOR ASSISTED
SCOOTER; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN FIVE HUNDRED
DOLLARE ($500.00); PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Louis Rigby to adopt the Ordinance, as written, with
the Director and the City Attorney researching the sidewalk portion of the Ordinance.
City Council Regular Meeting and Workshop Meeting - January 10, 2004
Page 3
Seconded by Councilmember Beasley. If needed, return to Council, revise and make a
motion. Motion carried.
8. Council to consider approval of an updated ordinance regulating Privately Owned
Ambulances and repeal outdated Ordinance #781.
EMS Chief Ray Nolen presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2005-2803 - AN ORDINANCE
AMENDING CHAPTER 30 "EMERGENCY SERVICES:, ARTICLE III "EMERGENCY
MEDICAL SERVICES: OF THE CODE OF ORDINANCES FOR THE CITY OF LA
PORTE BY ADDING NEW SECTIONS 30-79 THROUGH 30-93 AND BY AMENDING
APPENDIX B "FINES" FOR THE PURPOSE OF REGULATING THE OPERATION OF
PRIV A TEL Y OWNED AMBULANCES ON THE PUBLIC STREETS OF THE CITY OF
LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL
UPON CONVICTION BE FINED A SUM OF NOT MORE THAN FIVE HUNDRED
DOLLARS ($500.00) FOR EACH VIOLATION; REPEALING ORDINANCE 781;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Griffiths to approve Ordinance 2005-2803 as
presented. Second by Councilmember Ebow.
Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Porter, Ebow, Rigby and Griffiths
Nays: None
Abstain: None
9. Council to consider approving request to replace previous Ordinance 200 1-1708-A with
Ordinance 2001-1708- B.
Human Resources Manager Sherri Sampson presented summary and recommendation and
answered Council's questions.
The current policy on the books allows for all applicants to be tested regardless of position
and allows for random testing. Ms. Sampson stated that the policy was challenged in 2001 by
an employee in a non-safety sensitive or public safety positions; this item was challenged and
went before Legal and at that time Legal worked with Human Resources and found that the
challenge did have merit, under the Fourth Amendment. Between 2001 and March of2004,
the practice has been on-going to test applicants for public safety/safety sensitive and security
sensitive positions and allowed for practice of off and on for random drug testing for those
selected group. Ms. Sampson has worked with Legal and TML for secondary documentation
and information from the District Attorney's Office, in drafting these policies.
Councilmember Griffiths questioned if this applies to appointed City officials. Ms. Sampson
informed that the random testing applies for employees in Public Safety and Security Safety
sensitive positions. The policy that we have a drug free workplace applies to everyone, but
the random is for a specific group of employees, just as the applicant testing is for a certain
group of applicants. If Council would like to have changes to the policy, this would certainly
be considered.
City Council Regular Meeting and Workshop Meeting - January 10, 2004
Page 4
Councilmember Clausen questioned which group does not fall in here, it seems that they all
do. Ms. Sampson stated that a clerical employee that did not have access to funds would not
qualify since there are no risks involved in that position.
Councilmember Rigby questioned under the scope of different job descriptions of who should
be tested. Mr. Rigby questioned about employees working during a City event which a City
alcohol permit is in use. Mr. Rigby questioned who would be the official with a medical
background regarding drug abuse. Ms. Sampson would be the Human Resources contact and
would contact "Forward Edge" Medical Facility. Mr. Rigby questioned how employees with
CDL licensing would be tested, which would also be at "Forward Edge". If the test was a
false positive, the results will be removed from the employees file. Every situation is unique
regarding automobile searching. Councilmember Clausen commented that they use trained
dogs, at LPISD to check automobiles for drugs, alcohol and firearms.
Mr. Rigby questioned the provision of drug rehabilitation. This item will be researched.
Councilmember Engelken questioned if contactors fall under this policy. Mr. Engelken
questioned why this item was not workshopped.
Motion was made by Councilmember Rigby to table this item allowing Council and Staff
time to review, returning with comments and questions. Second by Councilmember Beasley.
Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Porter, Ebow, Rigby and Griffiths
Nays: None
Abstain: None
10. Mayor and Staff recommended to pull Item Number 10 (considering approval or other
action regarding an ordinance amending Chapter 74 "utilities" of the Code or Ordinances by
adding connection fees to Division 3 Sewer Service rates and charges and water and sewer
service rates).
11. Council to consider approval of an ordinance appointing positions to fill the remaining
vacancies on Boards and Commissions.
The following positions still need to be filled/replaced:
Councilmember Howard Ebow recommended Paul Hickenbottom to be appointed to Position
3 of the Fire Code Review Committee. Jim Bridge was appointed to Position 5 of the Fire
Code Review.
Jan Lawler was appointed to the Main Street Advisory Board.
Motion was made by Councilmember Beasley to approve the appointments. Seconded by
Councilmember Moser.
Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Porter, Ebow, Rigby and Griffiths
Nays: None
Abstain: None
12. Close Regular Meeting and Open Workshop Meeting at 7:08 p.m.
A. Parks and Recreation Director Stephen Barr presented Council and Staff with a report
and provided staff direction on future Bicycle/Pedestrian and Equestrian Trails in La
Porte.
City Council Regular Meeting and Workshop Meeting - January 10,2004
Page 5
B. Director of Planning and Community Development Wayne Sabo presented Council and
Staff with a report on the new preliminary Flood Insurance Rate Maps.
C. Director of Planning and Community Development Wayne Sabo directed Staff to
develop a change to Chapter 106 (Zoning) to eliminate the 45' maximum height
requirement and set a date for a Public Hearing (per Section 106-171 (8), requiring a vote
of~ of Council). Direct Staff to allow the 45' maximum height requirement to remain in
Chapter 106 (Zoning).
D. Councilmember Moser reported on the Town Hall Meeting and thanked Staff and City
Services. Some citizens are returning with issues.
13. Close Workshop and Open Regular Meeting at 8:00 p.m.
14. Administrative Reports
City Manager Debra F eazelle reminded Council and Staff of the SH 146 Response letter;
Boards and Commissions Orientation on Monday, January 17,2005 at the Senior Services
Center at 6:30 p.m.; the Chamber of Commerce Installation Banquet on Thursday, January
20, 2005, at Sylvan Beach Pavilion at 6:30 p.m.; City Council Retreat on Saturday, January
22,2005, from 8 a.m. until 5 p.m. at the La Porte Community Library; and the Bay Area
Houston Banquet on Friday, January 28, 2005, at South Shore Harbor at 6:30 p.m.
15. Council Comments
Mosteit, Clausen, Rigby, Moser, Beasley, Griffiths, Ebow, Engelken, and Porter had
comments. Mayor commented on candidate packets.
16. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT
CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING
REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR
DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY
DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER
WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS)
551.087 - (Economic Development) - Meet with the City Manager and City Attorney to
discuss Economic Development matter
551.072 - (Sale or Exchange of Land) Meet with City Manager and City Attorney to discuss
sale or exchange of land
551.071 - (Legal Matter) Meet with City Manager and City Attorney on litigation
551.074 - (Personnel Matter) Discuss compensation package for Municipal Judge
Council retired to Executive Session at 8:20 p.m. and the Regular Meeting reconvened at
8:48 p.m.
City Council Regular Meeting and Workshop Meeting - January 10, 2004
Page 6
18. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
There was no action taken during Executive Session. Discuss compensation package for
Municipal Judge at the next meeting.
19. There being no further business to come before Council, the Regular Meeting was duly
adjoumed at 8:49 p.m.
Y)l~U~d/
Martha Gillett, TRMC
City Secretary
Passed and approved on this 24th day of January 2005,
~[.'?~--L-
Mayor Alton E. Porter
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Budl!et
Requested By:
Source of Funds: N/A
Department:
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
Resolution 2005-XXXX
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
The Texas Tax Code (Chapter 312) requires that cities, electing to participate in tax abatements,
first adopt a resolution indicating intent to participate in tax abatements. The resolution does not
bind the City to grant any proposed abatements. The Resolution's key findings are:
./ The creation and retention of job opportunities that bring new wealth is the highest civic
priority.
./ New jobs and investment will benefit the area economy, provide needed opportunities,
strengthen the real estate market and generate tax revenue to support local services.
./ The communities within Harris County must compete with other localities across the
nation currently offering tax inducements to attract jobs and investments.
./ The abatement of property taxes, when offered to attract primary jobs in industries which
bring in money from outside a community instead of merely re-circulating dollars within
a community, has been shown to be an effective method of enhancing and diversifying an
area's economy.
./ Texas law requires any eligible taxing jurisdiction to establish Guidelines and Criteria as
to eligibility for tax abatement agreements prior to granting any tax abatement, said
Guidelines and Criteria to be unchanged for a two year period unless amended by a three-
quarters vote.
./ The City of La Porte elects to become eligible to participate in tax abatement.
Also, as a matter of housekeeping this resolution will formally repeal Resolution 89-19, which
adopted model guidelines and criteria that have expired (and were later superceded by Ordinance
98-2279, which have also expired as they are only good for two years).
Action Reauired bv Council:
Approve Resolution 2005-121- electing to become eligible to participate in tax abatement.
Approved for City Council A2enda
~~~
Debra/r Feazelle, City Manag
J-I ~-(j~
Date
RESOLUTION NO. 2005-~
A RESOLUTION STATING THAT THE CITY OF LA PORTE ELECTS TO
BECOME ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Whereas, the creation and retention of job opportunities that bring new wealth is
the highest civic priority; and
Whereas, new jobs and investment will benefit the area economy, provide needed
opportunities, strengthen the real estate market and generate tax revenue to support local
services; and
Whereas, the communities within Harris County must compete with other
localities across the nation currently offering tax inducements to attract jobs and
investments; and
Whereas, the abatement of property taxes, when offered to attract primary jobs in
industries which bring in money from outside a community instead of merely re-
circulating dollars within a community, has been shown to be an effective method of
enhancing and diversifying an area's economy; and
Whereas, Texas law requires any eligible taxing jurisdiction to establish
Guidelines and Criteria as to eligibility for tax abatement agreements prior to granting
any tax abatement, said Guidelines and Criteria to be unchanged for a two year period
unless amended by a three-quarters vote; and
Whereas, the City of La Porte elects to become eligible to participate in tax
abatement;
Now, therefore be it resolved by the City Council of the City of La Porte:
Sectionl. The City Council of the City of La Porte establishes its intent to
participate in tax abatement according to procedures established by Chapter 312 of the
Texas Property Code titled: Property Redevelopment and Tax Abatement Act.
Section 2. The City Council of the City of La Porte hereby directs staff to review
its established Guidelines and Criteria Governing Tax Abatement Agreements (Code of
Ordinances, Sec. 66-140 through 66-152) and prepare for City Council's consideration,
any amendments or modifications that would provide substantially similar levels and
terms of abatement currently offered by Harris County.
Section 3. Resolution No. 89-19 is hereby expressly repealed.
Section 4. The City Council officially finds, determines, recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City of La
Porte, Texas for the time required by law at all times during which this resolution and the
subject matter thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the contents and
posting thereof.
Section 5. This Resolution shall be in effect from and after its passage and
approval.
PASSED AND APPROVED this the 24th day of January, 2005.
CITY OF LA PORTE
By: (2~L,~
Alton E. Porter, Mayor
ATTEST:
!1fJIlYltt{/jJJi
Martha Gillett, Ity Secretary
APlZw ~
Knox W. Askins, City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested. Januarv 24, 2004
Requested By: K. Askms
Appropriation
Source of Funds:
Date:
Legal
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ct.A.J
Amount Requested:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Attached for your consideration is the ordinance calling for the regular Annual election of the City of La Porte to be
held on May 7, 2005, and calling for a Run-Off Election, if necessary.
Action ReQuired bv Council:
Approve Ordinance calling General and possible Run-Off Elections.
Approved for Citv Council A!!enda
!-f2-D5
Date
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
.JOHN D. ARMSTRONG
CLARK T. ASKINS
November 18, 2004
Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
KWASKINS@AOL.COM
JOHN-A@SWBELL.NET
CTASKINS@SWBELL.NET
Re: Agenda Request for January 24, 2005, Meeting.
Dear Martha:
I enclose herewith form of ordinance calling the regular annual
election of the City of La Porte.
The schedule for the annual election, the dates of which are
established by the Texas Election Code, are as follows:
Filing begins:
Filing deadline:
Early voting begins:
Early voting Saturday:
Early voting ends:
Election date:
Canvass election:
Runoff election,
if necessary:
KWA: sw
Enclosure
Monday, February 7, 2005
5:00 p.m., Monday, March 7, 2005
Wednesday, April 20, 2005
Saturday, April 23, 2005
Tuesday, May 3, 2005
May 7, 2005
Special meeting of City Council on
Monday, May 16, 2005
Saturday, June 11, 2005
Yours very truly,
;);/~~
Knox W. Askins
City Attorney
City of La Porte
ORDINANCE NO. 200S-~~04
AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA
PORTE, CALLING A RUN-OFF ELECTION, IF NECESSARY, DESIGNATING
ELECTION PRECINCTS AND POLLING PLACES, PROVIDING FOR THE USE OF
VOTING MACHINES, APPOINTING ELECTION OFFICIALS, PROVIDING FOR
METHOD AND DATES OF EARLY VOTING, PROVIDING FOR AN EARLY VOTING
BALLOT BOARD, PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID
ELECTION, PROVIDING FOR NOTICE, PROVIDING FOR FILING DEADLINE AND
FILING FEES FOR CANDIDATES, PROVIDING A SAVINGS CLAUSE, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
An election shall be held within the corporate
limits of the city of La Porte, Texas, on the 7th day of May,
2005, such day being the first Saturday in May, 2005, between
seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the
purpose of electing the following City officials:
councilperson-at-Large-Position B, for a 3 year term
Councilperson--District 1, for a 3 year term
Councilperson--District 6, for a 3 year term
A run-off election, if necessary, shall be held on Saturday,
June 11, 2005, between the same hours.
Section 2.
Said election shall be held at each of the
following voting places within said City, and the following named
persons are hereby appointed as officers of said election, to-wit:
Election Precinct #1
Polling Place: Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Union Pacific Railroad
and "Old" Underwood Road;
THENCE south along Underwood Road to the north boundary line
of the Creekmont subdivision;
THENCE east along the north boundary line of the Creekmont
subdivision to Big Island Slough;
THENCE south along Big Island Slough to Meadow Place as
projected westi
THENCE east along Meadow Place to the west boundary line of
the La Porte Airporti
THENCE north along the west boundary line of the La Porte
Airport to the north boundary line of the La Porte Airporti
THENCE east along the north boundary line of the La Porte
Airport and continue to project east along this same line to
Sens Roadi
THENCE north along Sens Road to the Union Pacific Railroadi
THENCE west along the Union Pacific Railroad to Underwood
Road the POINT OF BEGINNING.
Election Officials:
Joe..e..na Vav-u'
, Presiding Judge
Me1.ody EUe..dge..
, Alternate Presiding Judge
Election Precinct #2
Polling Place:
Baker School (Entry Area)
6000 West Main Street
(West Main street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Underwood Rd. and Spencer
HighwaYi
THENCE west along Spencer Highway to the west La Porte City
Limit Line west of Luella Blvdi
THENCE south along the west La Porte city Limit Line to
Fairmont ParkwaYi
THENCE east along Fairmont Parkway to Underwood Rdi
THENCE north along Underwood Rd. to Spencer Highway the POINT
OF BEGINNING.
Election Officials:
JM.eM Dew)}..
Me1.ody EUe..dge..
, Presiding Judge
, Alternate Presiding Judge
2
Election Precinct #3
polling Place:
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Underwood Road and the north
boundary line of the Creekmont subdivision;
THENCE south along Underwood Road to Fairmont Parkway;
THENCE east along Fairmont Parkway to Big Island Slough;
THENCE north along Big Island Slough to Spencer Highway;
THENCE east along Spencer Highway to Glen Meadows Drive as
projected south;
THENCE north along Glen Meadows Drive to Meadow Place;
THENCE west along Meadow Place, as proj ected west to Big
Island Slough;
THENCE north along Big Island Slough to the north boundary
line of the Creekmont subdivision;
THENCE west along the north boundary of the Creekmont
subdivision to Underwood Road the POINT OF BEGINNING.
Election Officials:
Joe.e.na. Vav"u
Muody EUe.dge.
, Presiding Judge
, Alternate Presiding Judge
Election Precinct #4
Polling Place:
La Porte High School Student Center
301 East Fairmont Parkway
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Union Pacific Railroad
and Sens Road;
THENCE south along Sens Rd. to the north boundary of the La
Porte Airport as projected east;
3
THENCE west along the projected north boundary line of the La
Porte Airport to the east boundary line of the Airport;
THENCE south along the east boundary line of the La Porte
Airport to Spencer Highway;
THENCE east along Spencer Highway to the Union Pacific
Railroad;
THENCE south along the Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" st.;
THENCE northeasterly along East "G" st. to South Iowa;
THENCE northwesterly along South Iowa to East "F" St.;
THENCE northeasterly along East "F" st. to South Ohio;
THENCE northwesterly along South Ohio to East "E" St.;
THENCE northeasterly along East "E" St. to the northeast La
Porte city Limit Line;
THENCE northwesterly along the northeast La Porte City Limit
Line to North "E" St.;
THENCE west along North "E" st. to North Blackwell;
THENCE north along North Blackwell to Barbours Cut Blvd.;
THENCE west along Barbours Cut Blvd. to North Broadway;
THENCE north along North Broadway to Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Sens Rd. the
POINT OF BEGINNING.
Election Officials:
. MMif Ann T ~neJt
, Presiding Judge
- NOfWla Re.pman
Alternate Presiding JUdge
Election Precinct #5
Polling Place: La Porte High School Student Center
301 East Fairrnont Parkway
La Porte, Texas 77571
4
Boundaries:
TRACT ONE
BEGINNING at the intersection of East "E" St. and the
northeast La Porte City Limit Line;
THENCE southeasterly along the La Porte City Limit Line to
the shoreline of Galveston Bay;
THENCE southerly along the shoreline of Galveston Bay to the
southern La Porte city Limit Line and the northern Shoreacres
City Limit Line;
THENCE west along the southern La Porte City Limit Line to
the west right-of-way line of State Highway 146;
THENCE north along the west right-of-way line of State
Highway 146 to McCabe Rd.;
THENCE west along McCabe Rd. to Union Pacific Railroad;
THENCE north along Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" st. ;
THENCE northeasterly along East "G" st. to South Iowa;
THENCE northwesterly along South Iowa to East "F" St.;
THENCE northeasterly along East "F" St. to South Ohio;
THENCE northwesterly along South Ohio to East "E" St.;
THENCE northeasterly along East "E" St. to the northeast La
Porte city Limit Line the POINT OF BEGINNING.
TRACT TWO
BEGINNING at the intersection of South Broadway (Old Hwy 146)
and the city of Shoreacres southern City Limit Line;
THENCE east along Shoreacres southern City Limit Line to the
shoreline of Galveston Bay;
THENCE southerly meandering the shoreline of Galveston Bay to
the southernmost La Porte City Limit Line;
THENCE west along the southernmost City Limit Line to South
Broadway (Old Hwy 146) ;
5
THENCE north along South Broadway to the southern city Limit
Line of city of Shoreacres being the POINT OF BEGINNING.
Election Officials:
, Presiding Judge
Malted Ann T JuUneJt
NOJuna Re.y.)man
, Alternate Presiding Judge
Election Precinct #6
Baker School (Entry Area)
6000 West Main Street
(West Main street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
polling Place:
Boundaries:
BEGINNING at the intersection of Big Island Slough and
Spencer Highway;
THENCE south along Big Island Slough to Fairmont Parkway;
THENCE east along Fairmont Parkway to the Union Pacific
Railroad;
THENCE north along the Union Pacific Railroad to Spencer
Highway;
THENCE west along Spencer Highway to the east boundary line
of the La Porte Airport;
THENCE north along the La Porte Airport east boundary line to
the north boundary line of the airport;
THENCE west along the La Porte Airport north boundary line to
the west boundary line of the airport;
THENCE south along the west boundary of the La Porte Airport
to Meadow Place as projected east;
THENCE west along Meadow Place to Glen Meadows Dr.;
THENCE south along Glen Meadows Dr. and as projected south to
Spencer Highway;
THENCE west along Spencer Highway to Big Island Slough the
POINT OF BEGINNING.
6
Election Officials:
Joe..e..n.a. Va.v16
, Presiding Judge
M~j'ody Elle..dge..
, Alternate Presiding Judge
Early Voting Place:
La Porte City Hall (Council Chambers)
604 West Fairmont Parkway
La Porte, Texas 77571
section 3. voting at said election, including early voting,
shall be by the use of voting machines, and the ballots of said
election shall conform to the Texas Election Code, as amended.
section 4. An Early voting Ballot Board is hereby created to
process Early voting results for the election and the runoff
election, if necessary.
pe..ggy Holla.nd
is appointed
Presiding Judge of the Early voting Ballot Board.
At least two
(2) other members of the Early voting Ballot Board shall be
appointed by the presiding Judge, in the same manner as the
precinct election clerks.
Early Voting by personal appearance shall begin on the 17th
day and shall continue through the 4th day preceding the day of
election.
Early Voting by mail shall begin on the 45th day preceding
the date of the election, or as soon thereafter as ballots are
available, and shall continue until seven o'clock (7:00) P.M. on
election day.
Early voting shall be conducted by a clerk for Early voting,
namely, MaJ1.j:ha. A. Gil-left
, and the place at which the
Early voting shall be conducted is designated as the La Porte City
Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address
7
ballot applications and ballots voted by mail may be mailed.
Early voting by personal appearance shall begin on the 17th day
and continue through the 4th day preceding the day of election.
Early voting by personal appearance shall be conducted on the
weekdays of the early voting period and during the hours that the
city Secretary's main business office is regularly open for
business, and on Saturday, April 23, 2005, from 8:00 a.m. to 5:00
p.m.
Section 5. The City Secretary's election office in the La
Porte City Hall is hereby designated as the Central Counting
station to receive all ballots cast at said election, and Martha
A. Gillett is hereby appointed the Presiding Manager for said
Central Counting station. Said Manager shall appoint any clerks
necessary to assist in receiving ballots and other records and in
performing the other duties of said Manager in this regard. The
City Manager is hereby authorized and directed to obtain, or cause
to be obtained, the necessary electronic tabulating equipment, to
arrange for the testing thereof as provided by law and to employ a
duly qualified manager and a duly qualified tabulation supervisor
to perform the duties respectively imposed on them by law with
respect to the processing and tabulation of ballots at the Central
Counting Station.
section 6. That all election materials including notice of
the election, ballots, instruction cards, affidavits and other
forms which voters may be required to sign and all early voting
materials shall be printed in both English and Spanish, or Spanish
translations thereof shall be made available in the circumstances
8
permitted and in the manner required by law.
Section 7. The city Secretary of the City of La Porte shall
forthwith issue Notice of said election by causing a substantial
copy of this Ordinance to be published one time in the BAYSHORE
SUN, which is hereby found and declared to be a newspaper of
general circulation in said City, not less than ten (10) days nor
more than thirty (30) days prior to the date of the said election.
Section 8. Upon a candidate tendering his application on the
form prescribed, the City Secretary shall furnish to such
candidate all information relative to the qualifications for the
office being sought; the method of placing the candidate's name on
the ballot; the amount of the required filing fee; and any other
pertinent information concerning said election;
Section 9. Each candidate for the office of Mayor must be a
resident elector of the city. Each candidate for the office of
District Councilperson must be a resident elector of the City, and
must also be a resident of the district for which he files.
section 10. The deadline for a candidate to make application
to have his name appear upon the ballot for such election, is
hereby designated and established as 5: 00 0' clock P. M., Monday,
March 7, 2005. No application shall be accepted for filing prior
to Monday, February 7, 2005. The filing fee for each candidate
for the office of Councilperson is hereby established as Fifty
Dollars ($50.00). The filing fees shall be used to defray the
cost of the election, and said fees shall be prorated and any
surplus shall be refunded to said candidates. As an alternative
to paying a filing fee, a candidate may obtain a place on the
9
ballot by filing a petition as provided for in City of La Porte
Home Rule Charter, Article 2.04 c.3.
section 11. Said election shall be held in accordance with
the provisions of the city Charter of the City of La Porte, and
the general election laws of the State of Texas governing general
and municipal elections, so far as same may be applicable thereto.
section 12. Immediately after said election, the officers
holding the same shall make and deliver the returns of the results
thereof and the accompanying records for use in the official
canvass to the city council of the City of La Porte, and the city
Council shall canvass said returns on May 16, 2005, and shall,
immediately after canvassing the returns, declare the results of
the election. The Mayor shall immediately thereafter deliver to
the candidate for whom the majority of votes has been polled for
each respective office, a certificate of election. Such elected
officials shall assume their duties within ten (10) days
thereafter, Sundays excluded, upon their taking the oath of
office.
section 13. Each and every provision, paragraph, sentence
and clause of this Ordinance has been separately considered and
passed by the city Council of the City of La Porte, Texas, and
each said provision would have been separately passed without any
other provision, and if any provision hereof shall be ineffective,
invalid or unconstitutional, for any cause, it shall not impair or
affect the remaining portion, or any part thereof, but the valid
portion shall be in force just as if it had been passed alone.
1.0
section 14.
This Ordinance shall be in effect immediately
upon its passage and approval.
Section 15.
The city Council officially finds, determines,
recites, and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of
the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon.
The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED, this 24th day of January, 2005.
CIJ\Y OF LA ~TE
~:I-f~
Alton E. Porter, Mayor
By:
ATTEST:
~(j)iiJijr f/1d
Mart a A. Gillet
City Secretary
APPROVED; /' . '
~v'-l71/(' ~i'?7t4-
Knox W. Askins
City Attorney
11
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. F"AIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
CLARK T. ASKINS
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
KWASKINS@AOL.COM
JOHN-A@SWBELL.NET
CTASKINS@SWBELL.NET
KNOX W. ASKINS
JOHN D. ARMSTRONG
November 18, 2004
Mr. Danny sno~
Attorney ~/Law
1155~~qua, suite
Ho~on, TX 77034
490
Re: San Jacinto College District Election - 2005
Dear Danny:
In connection with the joint election on May 7, 2005, among the
City of La porte, La Porte Independent School District, and San
Jacinto College District, I enclose herewith a copy of my agenda
request to the City of La Porte, showing the schedule of dates for
the election.
Please let me know if I can be of further assistance.
~r$ very truly,
,(Y,A
.~ W. Askins
KWA: sw
Encloprre
cc: ~~~ Martha A. Gillett
City Secretary
city of La Porte
city Hall
La Porte, Texas
(YjAR.-r/..}A G.
ASKINS & ARMSTRONG, P.C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE, TEXAS 77572-1218
CLARK T. ASKINS
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
E-MAIL: kwaskinst1ilaol.com
iohn-at1ilswbell.net
ctaskinst1ilswbell.net
KNOX W. ASKINS
JOHN D. ARMSTRONG
November 18, 2004
Ms. Jean W' ams
Adminis tive Assistant to Superintendent
La P e Independent School District
30 ast Fairmont Parkway
Porte, TX 77571
j )~' ,
...... (j
and via em ail williamsilWlpisd.ora
Re: 2005 Election for Board of Trustees
Dear Jean:
I enclose as an e-mail attachment, a proposed resolution for LPISD Board of Trustees, to
call its 2005 election.
The schedule for the annual election, the dates of which are established by the Texas
Election Code, are as follows:
Filing begins:
Monday, February 7,2005
Filing deadline:
5:00 p.m., Monday, March 7, 2005
Early voting begins:
Wednesday, April 20, 2005
Early voting Saturday:
Saturday, April 23, 2005
Tuesday, May 3, 2005
Early voting ends:
Election date:
May 7, 2005
Canvass election:
Special meeting of Board of Trustees on
Monday May, 16 or Tuesday May 17, 2005
This Resolution should be placed on the School Board agenda for Tuesday, January 25,
2005.
LPISD
November 18, 2004
Page 2
Please call if you have any questions.
Yours very truly,
/~Jt:;/z';L'
L./"
Knox W.Askins
KW A:sw
Enclosure
Cc: vMs. Martha Gillett
City Secretary
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqeusted: Januarv 24. 2005
Requested By: M. Gillett
Appropriation
Source of Funds:
Department:
City Secretary
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Amend Ordinance 99-2319 to reflect changes in boards, commissions, and committees and member
additions/deletions. In order to simplify non-policy changes in the future, the amended ordinance allows the City
Secretary's Office to make changes to Exhibit A without Council approval as Council would have previously
approved changes when appointing new boards, commissions, and members.
Action ReQuired bv Council:
Amend Ordinance 99-2319.
A
J ~ I1--LJS-
Date
ORDINANCE NO. 99-2319-A
AN ORDINANCE ADOPTING AN AMENDED BOARDS, COMMISSIONS, AND AD HOC
COMMITTEES HANDBOOK FOR THE CITY OF LA PORTE, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the city of La Porte hereby
adopts an amended Boards, Commissions, and Ad Hoc Committees
Handbook, in form attached to this Ordinance as Exhibit "A",
incorporated by reference herein, and made a part hereof for all
purposes.
Section 2.
The City Secretary of the City of La Porte is
hereby directed to prepare an Appendix A-1, to the amended
Handbook, and to supplement the same from time to time, which shall
include the names, mailing addresses, and telephone numbers of all
appointees. The directory shall be supplemented from time to time
by the city Secretary, to reflect the current appointees to all
boards, commissions, and ad hoc committees, created by city
Council. The addresses and telephone numbers of appointees shall
not be SUbject to disclosure under the Texas Public Information
Act.
Section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the pUblic at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of January, 2005.
By:
CITY OF LA PORTE
~~~~
Alton E. Porter
Mayor
~:
'<'I~ f/ ~LI
ar a~. Gillett
City Secretary
APi7~-uJ ~
Knox W. Askins
City Attorney
2
~---~---._-~
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested January 24, 2005
Requested By: Mayor Alton E. Porter
Appropriation
Source of Funds: nfa
Department:
~1ayor'g Office
Account Number: nfa
Report:
Resolution:
Amount Budgeted: nfa
00 7
k '--km ' I
Exhibits: ..a.r..M. '.. - J~ o-tn1. ~
~o fIL0
Exhibits: _ t 0')l.V
SUMMARY & RECOMMENDATION
Amount Requested:
Budgeted Item: YES
NO
This is a continuance of appointments and replacements of boards and commission members expiring this term. The
following positions still need to be filled/replaced:
Appoint the last Ex-Officio member on the Main Street Advisory Board.
~ ~ck-rH>> ~ F=;"re- p~~~.
Action Required by Council:
Consider approving Ordinance appointing positions to fill the remaining vacancies on Boards and Commissions.
Approved for City Council Al.!:enda
/-IY-O 5
Date
ORDINANCE NO. 2004-2782-C
AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS,
AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby
makes the following appointments to the Airport Advisory Board for
the City of La Porte Municipal Airport, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Position 1. - Debra Rihn
* Position 2 . - Nick Hooke
Position 3. - Hector Villarreal
Position 4. - Tucker Grant
* Position 5. - Steve Gillett
Position 6. - Eliminated by City Council
on 7/13/98 by Ord. 98-2265
2007
2007
2006
2006
2007
FAA Representative
William Gray
No Term
Airline Representative -
Dan Myhaver
No Term
Section 2. The City Council of the City of La Porte hereby makes
the following appointments to the Board of Directors of the City
of La Porte Reinvestment Zone Number One, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Position 1
Peggy Antone
2005
2006
* Position 2
Dave Turnquist
Position 3
Alton Porter (Chairman)
* Position 4
Horace Leopard
2005
2006
position 5 Doug Martin 2005
* position 6 J.J. Meza 2006
* position 8 Chester Pool 2006
The City Council of the City of La Porte hereby ratifies the
following appointments by La Porte Independent School District and
Harris County:
position 7 Mollie Helmlinger (LPISD) 2005
position 9 Lindsay R. Pfeiffer (Harris County) 2005
Section 3. The City Council of the city of La Porte hereby
makes the following appointments to the Chapter 172 Employee
Retiree Insurance and Benefits Committee, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
citizen position 1
citizen position 2
Finance Staff
H.R. Staff
Legal Staff
Section 4. The City Council of the city of La Porte hereby
makes the following appointments to the Fiscal Affairs Committee,
without term, or until their successors shall have been duly
appointed and qualified:
patricia Rothermel 2005
Kimberly Meismer 2006
Michael Dolby No Term
Sherri Davis-Sampson No Term
Clark T. Askins No Term
Chairman
Committee Member -
Committee Member -
Alternate Member -
Chuck Engelken
Barry Beasley
Howard Ebow
Louis Rigby
Date Appointed
1998
2004
2004
2004
2
Alternate Member - Tommy Moser 2004
section s. The City Council of the City of La Porte hereby
makes the following appointments to the Fire Code Review Committee
of the city of La Porte, for terms expiring on August 31st of the
year indicated, or until their successors shall have been duly
appointed and qualified:
District 1
District 2
District 3
District 4
District 5
District 6
At Large-A
At Large-B
Mayor
Section 6.
Tim Bird 2005
Richard Browder 2006
Paul Hickenbottom 2006
Floyd Craft 2006
Jim Bridge 2006
Tom Hayes 2005
Bryan Moore 2006
Tom Handy 2005
Lynn Green 2006
The City Council of the city of La Porte hereby
following appointments to the La Porte Area Water
for terms expiring on August 31st of the year
or until their successors shall have been duly
makes the
Authority,
indicated,
appointed and qualified:
position 1 George Robert Roy 2005
position 2 Dennis H. Steger 2005
position 3 Steve Valerius 2005
* position 4 Chester Pool 2006
* position 5 Paul Berner 2006
Section 7. The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are residents of
3
the City of La Porte, and no more than four of whom are elected
city officials or city employees, to serve as directors of the
City of La Porte Development Corporation without compensation, but
with reimbursement for actual expenses, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Chuck Engelken, Jr. 2005
* Mike Clausen 2006
* Tommy Moser 2005
* Bill Love 2006
Edward Matuszak 2005
* Pat Muston 2006
Deborah Johnson 2005
Section 8. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Health Authority,
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Health Authority Abdul R. Moosa, M.D. 2005
Alternate Robert D. Johnston, M.D. 2005
Medical Advisor/EMS Oscar Boultinghouse Contract
Section 9. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Redevelopment
Authority, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
Position 1
* Position 2
Peggy Antone
Dave Turnquist
2005
2006
4
position 3 Alton Porter, Chairman 2005
* position 4 Horace Leopard 2006
position 5 Douglas Martin 2005
* position 6 J.J. Meza 2006
position 7 Mollie Helmlinger 2005
* position 8 Chester Pool 2006
position 9 Lindsay R. Pfeiffer 2005
section 10. The City Council of the city of La Porte hereby
makes the following appointments to the Main street District
Committee, an "ad hoc" committee, without term, or until their
successors shall have been duly appointed and qualified:
position 1 Bill Manning, Chairman No Term
position 2 Robert Schlenk, Vice Chairman No Term
position 3 Deborah Johnson No Term
position 4 Douglas Martin No Term
position 5 Vicki Campise No Term
position 6 Paul Berner No Term
position 7 Pat Muston No Term
position 8 Gloria Lair No Term
position 9 Brenda Brown No Term
Section 11. The city Council of the City of La Porte hereby
makes the following appointments to the Main street Advisory
Board, a new Board required by the Texas Historical Commission,
for terms expiring on August 31st of the year indicated, or until
their successors spall have beep duly appq~nte~ and qualified:
'O'\CI i tiS+- (I..( e-f E) OR- {O -tV A66) i1 f' P OS, ..., j 'ui,-,!:J lot5
.Pn~ir;en-1 - Jan Lawter 2005
Posit;o"" 2-
C ItA; (e Ll\br D/.J.J5K- I
2005
5
PGSition 19
J~D bbll ~/h If "t
Jv1 ; c h'lA e{ l/n iliA (l/4/N4-f
U" "I ! -G
lCt', i C6( vr1 0 IS
/' , n /. I
{J€ (at It /Vle1Ll1 I~
~~ ~(1i()
. ')1:' J D h IV 5 ()N
ltJMJ / .( 1\ t{ f'ft n e tL I
,-11 VYl1 0 II ((
1l.pr I \ (( o()~
2005
. position 3
position 4-
.Eosition 5
pooitiou 6
2006
2006
2006
position .2.
2006
posit-ion 8
2007
Pes-ition ~
2007
2007
Eosition 11
------
2007
There are also three (3) Ex Officio members of this Board:
1
the city of La Porte's Main street Coordinator
2
the City Manager of the City of La Porte, or her
designee
3
the Manager of the La Porte-Bayshore Chamber of
Commerce
Section 12. The City Council of the City of La Porte hereby
makes the following appointments to the city of La Porte Planning
and Zoning Commission, for terms expiring on August 31st of the
year indicated, or until their successors shall have been duly
appointed and qualified:
District 1
Pa t Mus ton 2006
Doretta Finch 2005
Nick Barrera 2006
Kirby Linscombe, Jr. 2006
Dottie Kaminiski 2007
Paul Berner 2007
Claude Meharg 2005
* Chairman
District 2
District 3
* District 4
* District 5
* District 6
6
* Alternate 1 Hal Lawler 2007
* Alternate 2 Les Bird 2007
Section 13. The City Council of the city of La Porte hereby
makes the following appointments to the Southeast Texas Housing
Finance Corporation Board of Directors, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Director Patricia Muston 2006
Section 14. The City Council of the city of La Porte hereby
makes the following appointments to the Youth Advisory Council,
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
position 1 Shelby Barnett 2005
position 2 Hiba Haroon 2005
position 3 Chaise J. Merritt 2005
position 4 Laura J. Low 2005
position 5 Amanda Gass 2005
position 6 Brandy C. Hickey 2005
position 7 Clemea J. Donaldson 2005
position B Brandon C. Lunsford 2005
position 9 pierre N. Castillo 2005
position 10 LaSadra M. Hillman 2005
position 11 Margo R. Curette 2005
position 12 Marc R. Vanderbrink 2005
position 13 Carol Parmer 2005
position 14 Mia Parisi 2005
position 15 Taylor Ryan Rowan 2005
7
position 16 Ashley N. Weddle 2005
Section 15. The City Council of the city of La Porte hereby
makes the following appointments to the zoning Board of
Adjustment, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
position 1
sidney Grant 2005
Bob Capen 2005
Rod Rothermel 2005
Charles Schoppe 2005
George (Bill) W. Maltsberger 2005
Lawrence McNeal 2006
Gilbert Montemayor 2006
The City Council of the city of La Porte hereby
appoints the following named persons, all of whom are resident
electors of the City of La Porte or non-resident individuals
owning or operating a business within the City of La Porte, duly
verified by proof of an applicable tax statement or utility
account for such business, and each of whom the city Council deems
competent to serve on such Board by virtue of their experience and
training in matters pertaining to building construction, and none
of whom are employed by the city of La Porte, to serve as members
of the Building Codes Appeals Board for terms expiring on August
31st of the year indicated, or until their successors shall have
been duly appointed and qualified:
* position 1 Tom Campbell
* position 2 Joe Gold
position 2
position 3
position 4
position 5
* Alternate 1
* Alternate 2
section 16.
2007
2007
8
* position 3 Francisco Velez 2007
* position 4 Ron Holt 2007
* position 5 Ken Schlather 2007
* position 6 John Elfstrom 2007
* position 7 Bruce Compton 2007
Section 17. The City Council of the City of La Porte hereby
makes the following appointment to the Fire Fighters Pension Board
of Trustees, to serve without term or until his successor shall
have been duly appointed and qualified:
City Council Representative John Joerns No Term
Section 18. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this
ordinance shall, for any reasons, be held invalid, such invalidity
shall not affect the remaining portions of this ordinance, and it
is hereby declared to be the intention of this City Council to
have passed each section, sentence, phrase or clause, or part
thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared
invalid.
Section 19. All ordinances or parts of
conflict herewith are repealed to the extent of
only.
section 20. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the city Council
was posted at a place convenient to the public at the city Hall of
the City for the time required by law preceding this meeting, as
ordinances in
such conflict
9
required by the Open Meetings Law, Chapter 551, Texas Government
Code i and that this meeting has been open to the pUblic as
required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon.
The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
section 21. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of January, 2005.
crp OF ~ P~RTE
~L~r~
Alton E. Porter, Mayor
By:
ATTEST:
0!J!fffd- G1ilr1dJf{ty Secretary
~tj~
Knox W. Askins, City Attorney
10
~-~'-----'-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested Januarp 24,2004
Requested By: Mayor Alton C. orter
Appropriation
Source of Funds:
Department: M>l~'Qr >lIlQ CiB' Cgl111~il
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
. . . f
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Approve ordinance naming the new City of La Porte Fire Station No.2, for the late H.P. Pfeiffer, former Mayor of
the City of La Porte.
Action ReQuired bv Council:
Approve attached ordinance.
A,;>proved for City Council Agenda
\~~cp~
A'Ift/oyor
~iS3 ~
Date - ?
City of La Porte
Established 1892
January 6, 2005
Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
Re: Agenda Request for January 24, 2005, Council Meeting
Dear Martha:
At its last meeting, City Council approved a contract for the
construction of Fire station No.2.
Mayor Norman Malone was asked to visit with Lin Pfeiffer regarding
the naming of Fire Station No.2 in honor of Lin's father, the late
H.P. Pfeiffer, in recognition of his father's history as a
volunteer fire fighter and his many contributions to the City of La
Porte, including his service as Mayor of the City. Mayor Malone
did meet with Lin, and Lin agreed.
with the letting of the contract, the ground breaking for Fire
Station No. 2 will be held soon.
I have had Knox Askins draft the enclosed Ordinance for City
Council consideration at its January 24th meeting, naming City of
La Porte Fire station No. 2 for the late H. P. Pfeiffer. This
ordinance would waive the requirements of Ordinance No. 2000-2443,
which requires that a person be deceased for five years before a
City facility is named for them.
Yours very truly,
r'~~: ~ l_ I' V _L~. __
~~G. ,,~---
Alton E. Porter
Mayor
City of La Porte
AEP:sw
Enclosure
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
J-I~m /vf //r'{
ORDINANCE NO. 2005-~gO~
AN ORDINANCE NAMING THE NEW CITY OF LA PORTE FIRE STATION NO.2,
FOR THE LATE H.P. PFEIFFER, FORMER MAYOR OF THE CITY OF LA PORTE,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the late H.P. Pfeiffer served as Mayor of the City of
La Porte from 1958 to 1970, and thereafter served on several boards
and commissions of the City of La Porte; and
WHEREAS, during the tenure of H.P. Pfeiffer as Mayor, and
thereafter, H.P. Pfeiffer provided outstanding personal service to
the City of La Porte, that has resulted in significant and enduring
contributions to the community, including institution of the
Industrial District Agreements; modernization of the City of La
Porte Airport; amendment of the City of La Porte Home Rule Charter
to a City Manager form of government; and many other contributions;
and
WHEREAS, the late H.P. Pfeiffer was a longtime volunteer with
the City of La Porte Fire Department; and
WHEREAS, City of La Porte Fire station No. 2 is being
relocated to a site on Spencer Highway, adjacent to the Baker 6th
grade school campus; and
WHEREAS, the City Council of the City of La Porte deems it
fitting to waive the provisions of City of La Porte Ordinance No.
2000-2443, requiring that a person must have been deceased for a
minimum of five years before a City facility is named for that
person:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1.
In recognition of the many outstanding
contributions by the late H.P. Pfeiffer to the City of La Porte
community, the City Council of the City of La Porte hereby names
the new Fire Station No.2, the "H.P. Pfeiffer Fire Station No.2"
of the City of La Porte.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
city for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of January, 2005.
CITY OF LA PORTE
By:
~~y~
Alton E. Porter
Mayor
ATTEST:
Martha A. Gillett
City Secretary
~L
Knox W. Askins
City Attorney
2
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Appropriation
Requested By: C.ynthia Alp.yandp.r
Source of Funds: N/A
Department: FinanL'p.
Account Number:
Report:
Resolution: . Ordinance: X
- ,
Amount Budgeted:
Exhibits: Certification of Application -t- 4-B
Amount Requested:
Budgeted Item:
YES NO
Exhibits: "Proiect Fix -It' Calendar
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte is currently in negotiations with the Governor, Economic and Tourism Division, for
Loan Leveraging for a new business enterprise related to headquarters and HUB operation for an
automotive remanufacturing center with the La Porte Development Corporation.
Please review the attached calendar concerning deadlines; action should be taken to avoid delays.
The La Porte Development Corporation had a Public Hearing at 5:00 pm and pending public comments
could approve resolution as duly posted.
ACTION REQUIRED BY COUNCIL:
Consideration and approval of an ordinance approvmg and ratifying the actions of the La Porte
Development Corporation.
FUND N/ A
ACCT NUM:
FUNDS AVAILABLE:
1--12-05
DATE
ORDINANCE NO. 2005-t~
AN ORDINANCE APPROVING AND RATIFYING THE CERTIFICATION OF
APPLICATION BY THE LA PORTE DEVELOPMENT CORPORATION TO THE OFFICE
OF THE GOVERNOR, ECONOMIC AND TOURISM DIVISION, FOR A TEXAS
LEVERAGE FUND (TLF) LOAN TO FUND AN ELIGIBLE PROJECT UNDER THE
DEVELOPMENT CORPORATION ACT, MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and ratifies the
contract, agreement, or other undertaking described in the title of
this ordinance, a copy of which is attached hereto as Exhibit "A"
and incorporated by reference herein.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of January, 2005.
CITY OF LA PORTE
{iJdc~-l~T~~
Alton E. Porter, Mayor
By:
ATTEST:
CZ!1#{~JLtI-.diI
City Secretary
APPR. OVED: d
~ /
()~tJ ~
Knox W. Askins
City Attorney
2
City of La Porte
Interoffice Memorandum
To:
Mayor
City Council
La Porte Development Corpor . on Board of Directors
From:
Debra Feazelle, City Manager
Date:
January 18, 2005
Subject:
Project "Fix-It"
Attached with the authorizing resolution is a copy of the certification of application
(agreement) that will be completed by the City of La Porte and the Office of the Governor,
Economic Development and Tourism Division Office upon approval by the La Porte
Development Corporation Board of Directors, and ratification by City Council.
Please review the attached calendar concerning deadlines; action should be taken to
avoid delays.
Thank you,
RESOLUTION NO. 2005-~DI
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE LA PORTE DEVELOPMENT
CORPORATION, APPROVING AND AUTHORIZING THE CERTIFICATION OF
APPLICATION BY THE LA PORTE DEVELOPMENT CORPORATION TO THE OFFICE
OF THE GOVERNOR, ECONOMIC AND TOURISM DIVISION, FOR A TEXAS
LEVERAGE FUND (TLF) LOAN TO FUND AN ELIGIBLE PROJECT UNDER THE
DEVELOPMENT CORPORATION ACT, KAICING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE LA PORTE
DEVELOPMENT CORPORATION:
Section 1.
The La Porte Development Corporation hereby
approves and authorizes the contract, agreement or other
undertaking described in the title of this resolution, copy of
which is attached hereto as Exhibit "A" and incorporated by
reference herein. The President of the Board is hereby authorized
to execute such document and all related documents on behalf of the
La Porte Development Corporation.
The Secretary is hereby
authorized to attest all such signatures and affix the seal of the
corporation on all such documents.
Section 2. The President of the Board is hereby authorized to
execute any further contracts and agreements in the furtherance of
the application, and all related documents on behalf of the La
Porte Development Corporation. The Secretary is hereby authorized
to attest to all such signatures and to affix the seal of the
corporation to all such documents.
Section 3. The La Porte Development Corporation officially
finds, determines, recites, and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the
La Porte Development Corporation was posted at a place convenient
to the public at the City Hall of the City of La Porte for the time
required by law preceding this meeting, as required by the Open
Meetings Law, Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times
during which this resolution and the subject matter thereof has
been discussed, considered and formally acted upon. The La Porte
Development Corporation further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 24th day of January, 2005.
CORPORATION
By:
,ATTEST:
'.-tr;Mtur#~1
Secretary
2
Office of the Governor
Economic Development and Tourism
Texas Leverage Fund Application
CERTIFICATION OF APPLICATION
Industrial Development Corporation (IDC) Certification and Request
The La Porte Development Corporation (IDC) hereby applies for a Texas Leverage Fund (TLF) loan in the amount of
$1,000,000 for a term of 10 years from the Texas Leverage Fund. The proceeds of this loan are intended to fund an
eligible project defined under the Development Corporation Act. The proceeds of this loan will be used to fund a Program
Loan to Cartegra (User - if applicable).
I understand and acknowledge that all underwriting responsibilities are those of the City and the IDC, and the State
of Texas assumes no responsibility for loan repayment, and that the Texas Leverage Fund loan, if approved, will be
repaid directly by our local option sales and use tax for economic development.
I certify that the representations made, the facts stated in this application and all supplemental documents are true,
and that no relevant facts have been intentionally omitted, as evidenced by my signature below. The IDC agrees to
comply with the reporting requirements and will provide other documentation as requested.
D-r'.' M-
Signature: f ~Ct t(
(IOC epresentative)
IlUf//7~
Date:
GIVEN under my hand and seal of office this
day of
Notary Public, State of Texas
(Notary Seal)
My commission expires:
~
I~~N~-
Page 4 of 24
March 2004
Office of the Governor
Economic Development and Tourism
Texas Leverage Fund Application
CERTIFICATION OF APPLICATION
City Certification and Request
First Name: Alton
Last Name: Porter
Title: Mavor
Organization: Citv of La Porte
Street Address: 604 West Fairmont Parkwav
Mailing Address: 604 West Fairmont Parkwav
City: La Porte
State: TX
Zip: 77571
Phone Number: 281471-5020
Fax Number: 281 471 7168
Email Address: Dortera(IDci.la-porte.be.us
The La Porte Development Corporation (IDC) hereby applies for a Texas Leverage Fund (TLF) loan in the amount of
$1,000,000 for a term of 10 years from the Texas Leverage Fund. The proceeds of this loan are intended to fund an
eligible project defined under the Development Corporation Act. The proceeds of this loan will be used to fund a Program
Loan to Cartegra (User - if applicable).
I understand and acknowledge that all underwriting responsibilities are those of the City and the IDC, and the State
of Texas assumes no responsibility for loan repayment, and that the Texas Leverage Fund loan, if approved, will be
repaid directly by our local option sales and use tax for economic development.
I certify that the representations made, the facts stated in this application and all supplemental documents are true,
and that no relevant facts have been intentionally omitted, as evidenced by my signature below.
Signature:
Mayor
Date: Januarv 25. 2005
GIVEN under my hand and seal of office this
day of
Notary Public, State of Texas
(Notary Seal)
My commission expires:
*
J)~~X{\,~.
Page 3 of 24
March 2004
Back-up not required for this item
lIIIIIIL
A
.,...
".. ~
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 01-24-2005
Appropriation
Requested By: Sherri Samp,"on
Source of Funds:
Department:
HumaR ReliQUrCeli
Account Number: 6062-515.50-08
Report:
Resolution:
Ordinance:
Amount Budgeted: 21,000
Exhibits: Drug and Alcohol Abuse Policy
Amount Requested: 2] ,000
Exhibits: Commercial Motor Vehicle Substance Abuse Policy
Budgeted Item: YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Please include a Workshop item titled, "Drug and Alcohol Abuse Policy". Staff recommends making changes in the
existing policy so as to create 2 policies. The general policy would apply to all elected and appointed City officials,
all employees, contract employees in designated positions and all job applicants for public safety, safety sensitive
and security sensitive positions. The second policy, "Commercial Motor Vehicle Substance Abuse Policy" would
apply, in addition to the first policy, to all employees who hold a commercial driver's license and are required as
part of their employment to operate a commercial motor vehicle for the City, as well as to applicants for positions
requiring the operation of commercial motor vehicles, as the term commercial motor vehicle is defined under Title
49 C.F.R. Part 382.
Council directed changes were made as follows:
Drug and Alcohol Abuse Policy
Section 3.1 Scope - Include reserve police and fire volunteers.
Section 6.1a Prohibited Activities -limit to off-duty employees.
Section 7.7 Discipline - Define who would conduct alcohol testing and by what means: Alcohol testing added to
Definition Section.
Section 10.1 Appeal of a Drug or Alcohol Test Result - Clarify Medical Review Officer as City employee or
contract relationship.
Section 10.4 Appeal of a Drug or Alcohol Test Result - Change "will not" be reinstated with back pay to "Will be"
reinstated with back pay. Add a sentence stating that no results or reference to the drug or alcohol test or appeal will
be maintained in the employee's personnel file.
Commercial Motor Vehicle Substance Abuse Policy
Biological Testing Section - Copy this section from the Drug and Alcohol Abuse Policy.
Appeal Section - Note the contract relationship of the Medical Review Officer.
Appeal Section - Change to say that the employee will be reinstated "with" payment for wages lost during
suspension.
Drug Testing Position Categories
Include Golf Course Worker
Reserve Officers
1-12 -- 0 5
Date
CITY OF LA PORTE
DRUG AND ALCOHOL ABUSE POLICY
TABLE OF CONTENTS
1. POLICy......................... ... ......... ............ ...... ...................... ................ .............. .......... ...... 2
2 . PURPOSE ... .............. ...... .................... ...... .... ... ............. ................... ..... ....... ............ ........ 3
3. SC OPE ........................ ............ ..................................... .................... ........... ........... .......... 3
4. D EFmITI ON S .................. ... ......................................... .......... ................................. ....... 3
5. EDUCATION .................................................................................................................. 5
6. PRO IDB ITED ACTIVITIES....... .......................... ................... ............... ........... ............ 5
9. TESTING OF EMPLOYEES AND CONTRACT EMPLOYEES................................ 8
10. APPEAL OF A DRUG OR ALCOHOL TEST RESULT.......................................... 9
11. EMPLOYEE ASSIST.AN" CE ....................................................................................... 9
12. mSPECTIONS AND SEARCHES........................................................................... 10
14.. CO NFID ENTIALITY ................................................................................................ 11
APPENDIX A....... ........................ ............"........... ... .... ............... ................. ..........."" ............. 12
APPENDIX B................ ..... ........................... ..........................". .................. ..........." .......... .... 14
CONDITIONAL OFFER OF EMPLOYMENT ACKNOWLEDGEMENT ..................14
APPENDIX C............ .............".............. ............ ................. .................. ........ .......................... 15
CONSENT TO POST-JOB OFFER EMPLOYMENT DRUG AND ALCOHOL TESTIS
CITY OF LA PORTE
DRUG AND ALCOHOL ABUSE POLICY
Adopted by City of La Porte - June, 1990
Revised January, 2005
1. Policy
1.1 The City of La Porte (the City) has a vital interest in maintaining a safe,
healthful, and efficient working environment. Being under the influence of a
drug and/or alcohol on the job poses serious safety and health risks to the user
and to all those who work with the user. The use, sale, purchase, transfer, or
possession of an illegal drug in the workplace, and the use, possession, or
being under the influence of alcohol also poses unacceptable risks for the safe,
healthful, and efficient operations of the City.
1.2 The City believes it has the right and obligation to maintain a safe, healthful,
and efficient workplace for all of its employees, and to protect the City's
property, information, equipment, operations and reputation.
1.3 The City recognizes its obligations to its citizens for the provision of services
that are free of the influence of illegal drugs and alcohol and will endeavor
through this policy to provide drug and alcohol-free services.
1.4 The City further expresses its intent through this policy to comply with Federal
and State rules, regulations, or laws that relate to the maintenance of a
workplace free from illegal drugs and alcohol.
1.5 The City recognizes that its employees are a valuable resource and wants to
assist any employee who voluntarily comes forward and requests assistance
with chemical dependency or alcoholism.
1.6 The City strongly urges employees affected by drug and/or alcohol use or
dependency to voluntarily seek confidential assistance through the City's
Employee Assistance Program. The City supports employees using a City-
approved assistance program (per contract arrangements), and other City-
approved rehabilitation services, which may be at the employee's expense, to
achieve restoration of health.
1.7 The City will assist employees who voluntarily seek help, but will be firm in
disciplining employees who violate this policy.
1.8 Manufacturing, distributing, dispensing, possessing or using drugs and/or
alcohol will not be tolerated on City premises or while performing City business.
2. Purpose
2.1 This policy outlines the goals and objectives of the City's drug and alcohol
testing program and provides guidance to supervisors and employees
concerning their responsibilities for carrying out the program.
2.2 Under this policy, contractors who provide employee services to the City will be
required to provide employees who are free of the influences of drugs and
alcohol.
3. Scope
3.1 This policy applies to all City officials and employees, including part-time and
seasonal employees, in all departments, including the police department;
contract employees in designated positions; reserve police and fire volunteers;
and all job applicants for public safety, safety-sensitive, and security sensitive
positions.
3.2 All employees who hold a commercial driver's license and are required to
operate commercial motor vehicles for the City as part of their employment,
including applicants for positions requiring the operation of commercial motor
vehicles (as the term commercial motor vehicle is defined under Title 49 C.F.R.:.
Part 382) are subject to the U.S. Department of Transportation substance abuse
testing procedures promulgated under Title 49 C.F.R. Part 40, Title 49 C.F.R.
Part 382, and the City of La Porte Commercial Motor Vehicle Substance Abuse
Policy.
4. Definitions
Alcohol means any beverage that contains ethyl alcohol (ethanol), including but not
limited to beer, wine and distilled spirits.
City premises or City facilities means all property of the City including, but not limited to,
the offices, facilities and surrounding areas on City-owned or leased property, parking
lots, and storage areas. The term also includes City-owned or leased vehicles and
equipment wherever located.
Contraband means any article, the possession of which on City premises or while on
City business, causes an employee / individual to be in violation of a City work rule or
law. Contraband includes illegal drugs, drug paraphernalia, alcoholic beverages,
firearms, explosives, lethal weapons.
Contract employee in a designated position means a person who performs public
safety, safety-sensitive, and security sensitive duties.
Drug testing means the scientific analysis of urine, blood, breath, saliva, hair, tissue,
and other specimens of the human body for the purpose of detecting the presence of
an illegal drug.
Alcohol testing means an analytical procedure to determine whether an employee may
have a prohibited concentration of alcohol in a breath or saliva specimen.
Employee Assistance Program (EAP) means any program provided by the City to assist
employees in dealing with personal problems that, among other things, may involve
drug abuse and/or alcohol misuse that affect job performance.
Illegal drug means any drug which is not legally obtainable; any drug which is legally
obtainable but has not been legally obtained; any prescribed drug not legally obtained;
any prescribed drug not being used for the prescribed purpose; any over-the-counter
drug being used at a dosage level different than recommended by the manufacturer or
being used for a purpose other than intended by the manufacturer; and any drug being
used for a purpose not in accordance with bona fide medical therapy. Examples of
illegal drugs include but are not limited to: inhalants (per TML-IRP), cannabis
substances, such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP), and
so-called designer drugs and look-alike drugs.
Intoxication means having a blood alcohol concentration of 0.10 or more; or, not having
the normal use of one's mental or physical faculties, resulting from the voluntary
introduction into the body of an alcoholic beverage, a controlled substance, a
dangerous drug, an abusable glue or aerosol paint or similar substance, the use of
which is regulated under the law.
Legal drug means any prescribed drug or over-the counter drug, which has been legally
obtained, and is being used for the purpose for which prescribed or manufactured.
Probable cause means a belief based on objective facts sufficient to lead a prudent
person to conclude that a particular employee is unable to satisfactorily perform his or
her job functions due to drug and/or alcohol impairment. Such inability to perform job
functions may include, but is not limited to, decreases in the quality or quantity of the
employee's productivity, judgment, reasoning, concentration and psychomotor control,
and marked changes in behavior.
Public safety position means a position in the police and fire departments (including
emergency medical services personnel) having a substantially significant degree of
responsibility for the safety of the public where the unsafe performance of an employee
could result in the death or injury to self or others, including but not limited to all sworn
personnel, emergency communication clerks, police clerks working within the dispatch
section, supervisory positions, firefighter/paramedic, dispatchers, mechanics, fire
apparatus engineers, fire investigators and fire inspectors.
Safety-sensitive position means a position having a substantially significant degree of
responsibility for the safe operation of motor vehicles, motor carrier service, or heavy
equipment and machinery, where the unsafe performance of an incumbent could result
in death or injury to self or others. Safety-sensitive positions requiring the operation of
commercial motor vehicles, as defined under 49 C.F.R.:. Part 382, are subject to the City
of La Porte Commercial Motor Vehicle Substance Abuse Policy.
Security-sensitive duties means a position handling or having access to money,
negotiable instruments, sensitive information and similar assets that require a high
degree of protection.
Under the influence means a condition in which a person is affected by the use of a
drug and/or alcohol in any detectable manner. The symptoms of influence are not
confined to those consistent with misbehavior, nor to obvious impairment of physical or
mental ability, such as slurred speech or difficulty in maintaining balance. A
determination of being under the influence can be established by a profeSSional
opinion, a scientifically valid test, such as, blood, or breath analysis.
5. Education
5.1 Supervisors and other management personnel are to be trained in:
a) Detecting the signs and behavior of employees who may be using drugs
and/or alcohol in violation of this policy.
b) Intervening in situations that may involve violations of this policy.
c) Recognizing the above activities as a direct job responsibility.
5.2 Employees and designated contract employees are to be informed of:
a) The health and safety dangers associated with drug and alcohol use.
b) The provisions of this policy.
6. Prohibited Activities
6.1 Illegal Drugs and Alcohol
a) The use, sale, purchase, transfer, or possession of an illegal drug and/or
alcohol by any employee during the course and scope of employment,
provided however; this does not prohibit consumption of alcohol on City
premises by off-duty employees when served under permit.
6.2 Legal Drugs
a) It will be the responsibility of any employee using a potentially impairing
legal drug, required for medical treatment or therapy, to inquire of their
physician as to the effect that such a drug may have upon the
employee's ability to perform his or her job functions.
Prior to the performance of City business, the employee must report to
their supervisor the use of any legal drug that has been determined by
the employee's physician to be potentially impairing. The supervisor who
is so informed will contact the City's Human Resources Manager for
guidance.
b) The undisclosed use of any potentially impairing legal drug by any
employee while performing City business or while on City premises
is prohibited.
However, an employee may continue to work, even though using a
potentially impairing legal drug if City management has
determined, after consulting with the City's health officials, that
such use does not pose a threat to safety and that the using
employee's job performance will not be significantly affected.
Otherwise, the employee may be required to utilize the Family
Medical Leave Act (FMLA), take a leave of absence, or comply with
other appropriate action as determined by City management.
c) The City at all times reserves the right to judge the effect that a
potentially impairing legal drug may have upon work performance
and to restrict the using employee's work activity or presence at the
workplace accordingly.
7. DISCIPLINE
7.1 Any employee who possesses or uses illegal drugs on City premises or while on
City business will be subject to discipline up to and including discharge without
benefit of re-hire, or disbarment from the workplace. The City also reserves the
right to report any violation of this policy to applicable law enforcement
agencies.
7.2 Any employee who is found to be in possession of drug paraphernalia or other
contraband items in violation of this policy will be subject to discipline up to and
including discharged without benefit of re-hire, or disbarment from the
workplace. The City also reserves the right to report any violation of this policy
to applicable law enforcement agencies.
7.3 Any employee who distributes, sells, attempts to sell, attempts to purchase, or
transfers illegal drugs on City premises or while on City business will be subject
to discipline up to and including discharge without benefit of re-hire, or
disbarment from the workplace. The City also reserves the right to report any
violation of this policy to applicable law enforcement agencies.
7.4 Any employee who is found through drug testing to have in his or her body
system a detectable amount of an illegal drug will be subject to discipline up to
and including discharge without benefit of re-hire, or disbarment from the
workplace. The City also reserves the right to report any violation of this policy
to applicable law enforcement agencies.
7.5 Any employee who is convicted of a drug-related felony crime, whether
committed on or off duty, will be subject to discipline up to and including
discharge without benefit of re-hire, or disbarment from the workplace.
7.6 Any employee who is found to be in possession of or under the influence of
alcohol in violation of this policy will be subject to discipline up to and including
discharge without benefit of re-hire, or disbarment from the workplace. The City
also reserves the right to report any violation of this policy to applicable law
enforcement agencies.
7.7 Any employee who is found through alcohol testing by the selected City drug
and alcohol administration & testing vendor, to have in his or her body system a
volume of alcohol which indicates a .02 breath alcohol concentration or greater
will be subject to discipline up to and including discharge without benefit of re-
hire, or disbarment from the workplace. The City also reserves the right to report
any violation of this policy to applicable law enforcement agencies.
8. DRUG AND ALCOHOL TESTING OF JOB APPLICANTS
8.1 All applicants who are offered employment in public safety, safety-sensitive, or
security sensitive positions will be subject to the requirement to pass a drug
and/ or alcohol test as part of the City's post-job offer screening process.
8.2 An applicant for employment in a public safety, safety-sensitive, or security
sensitive position will be notified of the City's drug and alcohol testing policy
prior to being tested; will be informed in writing of their right to refuse to undergo
such testing; will be informed that the consequence of refusal is termination of
the post-job offer screening process, and will be informed that they will not be
considered for employment.
8.3 If an applicant who has been extended a conditional offer of employment in a
public safety, safety-sensitive or security sensitive position refuses to take a
drug and / or alcohol test, or if evidence of the use of illegal drugs and/or
alcohol by an applicant is discovered, either through testing or other means, the
post-job offer screening process will be terminated, and the applicant will not be
considered for employment.
9. Testing of Employees and Contract Employees
9.1 The City will notify employees and designated contract employees of this policy
by providing to each employee / individual a copy of the policy, announcing the
policy in various written communications, and making presentations at employee
meetings and other suitable forums
9.2 The City may perform drug and/or alcohol testing:
a) Of any employee who manifests behavior giving probable cause to City
officials to believe that the employee is unable to satisfactorily perform
his or her job functions due to drug or alcohol induced impairment.
b) Of any employee who is directly involved in an accident which results in
property damage or personal injury. An employee who is directly
involved in an accident is any employee whose order, action, or failure to
act gives probable cause to City officials to believe that such order,
action or failure to act was the result of drug or alcohol induced
impairment.
c) Of any employee employed in a public safety, safety sensitive, or
security sensitive position on a random basis. Random selection will be
performed through an unbiased computer-generated process operated
by a third-party contractor.
d) Of any employee who is enrolled in or who has completed a City-
approved rehabilitation program. The frequency of such rehabilitation
testing will not be less than once per month and the length of the testing
program for the employee may extend up to sixty (60) months, based on
a decision by a SAP (Substance Abuse Professional).
9.3 The City will conduct random drug and alcohol testing of a designated
percentage of all employees employed in public safety, safety-sensitive, and
security sensitive positions at a frequency determined by City management.
9.4 An employee's consent to submit to drug or alcohol testing for public safety,
safety-sensitive and security sensitive positions is required as a condition of
continued employment and the employee's refusal to consent may result in
disciplinary action, up to and including discharge without benefit of re-hire, or
disbarment from the workplace.,.
9.6 An employee who is tested based on the manifestation of behavior giving City
officials probable cause to believe the he or she is unable to satisfactorily
perform his or her job functions due to drug or alcohol induced impairment may
be suspended pending receipt of written test results and whatever inquiries may
be required.
10. Appeal of a Drug or Alcohol Test Result
10.1 An employee whose drug or alcohol test is reported positive will be offered the
opportunity of a meeting with the Medical Review Officer provided by the City
drug and alcohol administration & testing vendor, to offer an explanation. The
purpose of the meeting will be to determine if there is any reason that a positive
finding could have resulted from some cause other than drug and/or alcohol
use. The City will require an MRO (Medical Review Officer) to determine a final
decision.
10.2 An employee whose drug and/or alcohol test is confirmed as positive will be
offered the opportunity to obtain an independent test, at the employee's
expense, of the non-tested split sample portion of the original urine specimen
that yielded the positive result, at an alternative SAMSHA certified lab
(Substance Abuse and Mental Health Services Administration, under the
Department of Health and Human Services).
10.3 During the period of an appeal and any resulting inquiries, the employment
status of an individual may be suspended. An employee who is suspended
pending appeal will be suspended without regular pay but will be permitted to
use any available sick or vacation leave in order to remain in an active pay
status. If the employee has no available sick or vacation leave or chooses not
to use it, the suspension will be without pay.
10.4 If an employee's appeal is upheld, the employee will be reinstated with back pay
and will be reimbursed for any independent drug testing costs that may have
been incurred incident to the appeal. No results or reference to the test or
appeal will be maintained in the employee's personnel file.
11. Employee Assistance
11.1 Rehabilitative assistance may be granted to an employee who requests such
assistance provided that the employee:
a) has not received notification to report for drug and/or alcohol testing
authorized by this policy, prior to the request;
b) has not been identified as a violator nor is under investigation for a
violation of this policy; and
c) has agreed to enter and complete a City-approved rehabilitation
program.
11.2 Rehabilitative assistance may also be granted in lieu of discharge to an
employee who has been found to be in violation of this policy provided that the:
a) The policy violation does not involve selling or distributing drugs or
serious misconduct related to drugs; and
b) The employee has agreed to enter and complete a City-approved
rehabilitation program.
11.3 An employee who has met the qualifications for rehabilitative assistance will be
given the opportunity to enter into a City-approved rehabilitation program.
Failure to enter the rehabilitation program or to complete the program according
to the prescribed program schedule is grounds for discipline up to and including
discharge without benefit of re-hire, or disbarment from the workplace.
11.4 Participation in the rehabilitation program will be during times that will not
conflict with the employee's work time, except that the employee shall be
required to use any available sick leave or annual leave to be absent from the
job with pay. The City may place the employee on FMLA (Family Medical Leave
Act) during any absences from the job.
11.5 Assistance given by the City will be limited to:
a) medical benefits that may be available in the employee's medical
benefits plan.
b) rehabilitation programs that have been pre-approved by the City.
11.6 The City will provide to any employee, upon request and at no cost to the
employee, information concerning local resources that are available for
the diagnosis and treatment of drug and/or alcohol related problems.
12. Inspections and Searches
12.1 The City may conduct unannounced general inspections and searches for drugs
and/or alcohol on City premises or in City vehicles or equipment wherever
located. Employees are expected to cooperate.
12.2 A search of an employee and his or her personal property may be made when
there is probable cause to conclude that the employee suffers from drug or
alcohol induced impairment or is otherwise in violation of this policy. A search of
an employee's personal property may include the examination of personal
vehicles on City property, lockers, purses, lunch boxes, clothing and other items
in the personal control of the employee. The searching technique may be aided
by drug detection dogs.
12.3 An employee's consent to a search based on probable cause, made of that
individual's personal property, is required as a condition of continued
employment and the employee's refusal to consent may be subject to discipline
up to and including discharge without benefit of re-hire, or disbarment from the
workplace.
12.4 Illegal drugs, drugs believed to be illegal, and drug paraphernalia found on City
property will be turned over to appropriate law enforcement authorities and full
cooperation given to any subsequent investigation. Substances which cannot
be identified as an illegal drug by a layman's examination will be turned over to
a forensic laboratory for scientific analysis.
12.5 Other forms of contraband, such as firearms, explosives, and lethal weapons
will be subject to seizure during an inspection or search. An employee who is
found to possess contraband on City property or while on City business will be
subject to discipline up to and including discharge without benefit of re-hire, or
disbarment from the workplace.
12.6 If an employee is the subject of a drug-related investigation by the City or by a
law enforcement agency, the employee may be suspended without pay pending
completion of the investigation.
13. Confidentiality
13.1 All information relating to drug or alcohol testing or the identification of persons
as users of drugs and/or alcohol will be protected by the City as confidential unless
otherwise required by law, overriding publiC health and safety concerns, or
authorized in writing by the persons in question.
Appendix A
Date
Employee Name and Address
RE: Conditional Offer of Employment
Dear (name),
Please consider this letter the City of La Porte's conditional offer of employment to you.
Based on confirmation that you have passed a post-job offer drug/alcohol test; a
physical examination; and attended a mandatory employee orientation, you will begin:
your position of:
on the anticipated date of:
at an hourly rate of: $
plus the standard employee benefit package for this position.
The position you have accepted is categorized as: Public Safety / Safety Sensitive /
Security Sensitive.
This means that in addition to the post-job offer drug/alcohol testing, you will be subject
to random drug/alcohol testing as a condition of continuing your employment.
Please contact the Human Resources Division to pick up the paperwork and
information concerning your drug test and physical examination. If you need additional
information, please call me at (281) 470-5027. I will contact the appropriate
DepartmenUDivision once you have completed the required post-job offer process.
Sincerely,
Human Resources Specialist
c: Personnel File
APPENDIX B
CONDITIONAL OFFER OF EMPLOYMENT ACKNOWLEDGEMENT
I,
acknowledge that the City of La Porte has offered me the position of:
to begin on the anticipated date of:
based on an hourly rate of:
$
plus the standard employee benefit package for this position.
I also understand that this offer of employment is conditional on confirmation that I pass
a post-job offer drug/alcohol test and physical examination and attend a mandatory
employee orientation.
I have been informed that the position I have accepted is categorized as:
Public Safety / Safety Sensitive / Security Sensitive.
which means that in addition to the post-job offer drug testing, I will be subject to
random drug/alcohol testing as a condition of continuing my employment with the City
of La Porte.
I understand that if Human Resources personnel confirm I DID NOT pass the post-job
offer drug/alcohol test and/or physical examination, the City of La Porte may rescind
this job offer immediately.
Signature
Date
APPENDIX C
CITY OF LA PORTE
DRUG AND ALCOHOL ABUSE POLICY
Adopted by City of La Porte - June 1990
Revised January, 2005
CONSENT TO POST -JOB OFFER EMPLOYMENT DRUG AND ALCOHOL TEST
I understand it is the policy of the City to conduct biological tests for the purpose of detecting
the presence of illegal drugs and lor alcohol. 'further understand that one of the requirements
for further consideration of employment with the City is the satisfactory passing of the City's
biological drug and/alcohol test.
I agree to take a biological test as part of the regular post-job offer employment screening
process conducted by the City and understand that a favorable test result does not necessarily
guarantee that I will be employed by the City.
I agree to take random biological tests whenever requested by the City, and I understand that
the taking of said tests is a condition of my continued employment.
I also give consent to the drug/alcohol-testing agency to release to the City the results of any
drug tests made of my biological specimens so that I may qualify for employment.
If I refuse to take a drug/alcohol test, or if evidence of the use of illegal drugs and/or alcohol is
discovered, either through testing or other means, the post-job offer screening process will be
terminated, and I will not be considered for employment.
At this time I hereby consent to a drug test.
(Signature of witness)
(Signature)
(Date)
(Printed name)
CITY OF LA PORTE
POSITION CATEGORIES FOR POST-JOB OFFER! RANDOM DRUG TESTING
A "Safety Sensitive Position" means a position having a substantially significant degree of responsibility for the
safe operation of motor vehicles and motor carrier service where the unsafe performance of an incumbent could
result in death or injury to self or others. Safety sensitive positions include, but are not limited to: operations
supervisor, mechanics, positions requiring a CDL and anyone supervising employees in the aforementioned
positions.
PARKS AND RECREATION DEPARTMENT
Park Maintenance Superintendent
Building Maintenance Technician Supervisor
Building Maintenance Technician
Custodian I
Custodian II
Park Maintenance Supervisor
Sr. Park Maintenance Worker
Park Maintenance Worker II
Park Maintenance Worker I
Special Services Superintendent
Senior Services Coordinator
Senior Services Assistant
Senior Services Assistant I
Senior Services Recreation Specialist
Recreation Therapist
Assistant Recreation Therapist
Therapeutic Recreation Specialist
Pool Managers
Lifeguards
Home Delivery Meals Driver
PUBLIC WORKS DEPARTMENT
Street Maintenance Superintendent
Street Maintenance Supervisor
Senior Equipment Operator
Equipment Operator II
Equipment Operator I
Mosquito Control Technician
Equipment Services Superintendent
Equipment Services Supervisor
Senior Mechanic
Mechanic
Mechanic Assistant
Parts Manager
Parts Assistant
Water Production Supervisor
Water Production Operator II
Utility Superintendent
Assistant Utility Superintendent
Utility Supervisor
Senior Utility Maintenance Operator
Utility Groundskeeper
Utility Operator II
Utility Operator I
Senior Lift Station Operator
Lift Station Operator
Treatment Plant Supervisor
Senior Treatment Plant Operator
Treatment Plant Operator II
Solid Waste Superintendent
Solid Waste Supervisor
Solid Waste Worker
Industrial Waste Inspector
INSPECTIONS DEPARTMENT
Chief Inspector
Chief Building Offical
Inspector I
Inspector II
Inspection Services Coordinator
Inspection Services Technician
PLANNING & ENGINEERING DEPARTMENT
Survey Party Chief
Survey Technician
Public Improvement Coordinator
UTILITY BILLING DEPARTMENT
Meter Reader Supervisor
Meter Reader
A "Public Safety Position" means a position in the police or fire department having a substantially significant
degree of responsibility for the safety of the public where the unsafe performance of an employee could result in
the death or injury to self or others, including but not limited to all sworn personnel, emergency communication
clerks, pOlice clerks working within the dispatch section, supervisor positions, firefighter/paramedic, dispatcher,
mechanics, fire apparatus engineers, fire investigators and fire inspectors.
POLICE DEPARTMENT
Police Chief
Assistant Police Chief
Patrol Officer
Patrol Lieutenant
Patrol Sergeant
CID Sergeant
CID Lieutenant
Special Operation Sergeant
Special Operation Lieutenant
Crime Prevention Officer
Animal Control Supervisor
Animal Control Officer
DOT Officer
Public Safety Attendant
Dispatcher II
Dispatcher I
School Crossing Guard
City Marshal
Reserve Officers
FIRE DEPARTMENT
Fire Marshal
Deputy Fire Marshal
Assistant Fire Chief
Fire Engineer
Fire Captain
Fire Chief
Deputy Chief
Volunteer Fire
EMS Chief
Assistant EMS Chief
EMS Shift Supervisor
Paramedic I
Paramedic II
Paramedic III
EMS Relief Medic
Positions that require the incumbent to handle or be responsible for any type of money and/or is responsible
for sensitive equipment, such as computers, etc.
Golf Course Manager
Golf Course Superintendent
Assistant Golf Course Superintendent
First Assistant Golf Pro
Second Ass!. Golf Pro
Golf Coordinator
Clubhouse Cashier
Golf Course Worker
Computer Support Specialist
MIS Manager
Computer Systems Administrator
Court Administrator
Chief Deputy Court Clerk
Deputy Court Clerk
Finance Director
Assistant Finance Director
Budget Investment Officer
Financial Services Manager
Financial Services Technician
Senior Financial Services Technician
Tax Manager
Deputy Tax Collector
Customer Service Clerk
Accountant
Utility Billing Coordinator
Billing Supervisor
UB Assistant II
UB Assistant I
Office Coordinator
Custodian
Customer Service Assitant
Recreation Superintendent
RFC Coordinator
Aquatic/Special Events Coordinator
Fitness Center Specialist
Assistant RFC Coordinator
Customer Service Assistant
Office Manager
CITY OF LA PORTE
COMMERCIAL MOTOR VEHICLE
SUBSTANCE ABUSE POLICY
The City of La Porte has a vital interest in maintaining a safe, healthful, and efficient
working environment. Being under the influence of an illegal drug or alcohol on the job
poses serious safety and health risks to the user and to all those who work with the user.
The use, sale, manufacture, purchase, transfer, or possession of an illegal drug in the
workplace, and the use, possession, or being under the influence of alcohol also poses
unacceptable risks for safe, healthful, and efficient operations.
The City of La Porte further expresses its intent through this policy to comply with Federal
and State rules, regulations, or laws that relate to the maintenance of a workplace free from
illegal drugs and alcohol.
SCOPE OF POLICY
This policy applies to all employees who hold a commercial driver's license and are
required as part of their employment to operate commercial motor vehicles for the City,
as well as to applicants for positions requiring the operation of commercial motor
vehicles, as the term commercial motor vehicle is a defined under Title 49 C.F.R. Part
382. All employees and applicants for positions requiring the operation of commercial
motor vehicles are subject to the U.S. Department of Transportation substance abuse
testing procedures promulgated under Title 49 C.F.R. Part 40, and Title 49 C.F.R. Part
382. This policy does not apply to individuals exempted from the requirements of Title
49 C.F.R. Part 383 by the State of Texas, relating to holders of commercial drivers
licenses.
DEFINITIONS
For the purposes of this policy, the term:
. "under the influence" means a condition in which a person is affected by an
illegal drug or alcohol in any detectable manner. The symptoms of influence are not
confined to those consistent with misbehavior, nor to obvious impairment of physical or
mental ability, such as slurred speech or difficulty in maintaining balance. A determination
of being under the influence can be established by a professional opinion, a scientifically
valid test, such as urinalysis or blood analysis, and in some cases by the opinion of a lay
person.
. ''legal drug" means any prescribed drug or over-the-counter drug which has
been legally obtained and is being used for the purpose for which prescribed or
manufactured.
. "illegal drug" means any drug which is not legally obtainable; any drug which
is legally obtainable but has not been legally obtained; any prescribed drug not legally
obtained; any prescribed drug not being used for the prescribed purpose; any
over-the-counter drug being used at a dosage level different than recommended by the
manufacturer or being used for a purpose other than intended by the manufacturer; and
any drug being used for a purpose not in accordance with bona fide medical therapy.
Examples of illegal drugs are Cannabis substances, such as marijuana and hashish,
cocaine, heroin, phencyclidine (PCP), and so-called designer drugs and look-alike drugs.
. "adulterated specimen" means a specimen that contains a substance that
is not expected to be present in human urine, or contains a substance expected to be
present but is at a concentration so high that it is not consistent with human urine.
. "substituted specimen" means a specimen with creatinine and specific
gravity values that are so diminished that they are not consistent with human urine.
. "alcohol" means any beverage that contains ethyl alcohol (ethanol), including
but not limited to beer, wine and distilled spirits.
. "possession" is meant to also include the presence in the body system of any
detectable amount of an illegal drug.
. "biological testing" means the scientific analysis of urine, blood, breath,
saliva, hair, tissue, and other specimens of the human body for the purpose of detecting an
illegal drug or alcohol.
. "for cause situation" is any situation in which an employee's job performance
is in conflict with established job standards relating to safety and efficiency, based on
objective facts sufficient to lead a prudent person to conclude that the employee is
unable to satisfactorily conform to established job standards due to drug and/or alcohol
impairment. Such inability to perform job functions may include, but is not limited to,
decreases in the quality or quantity of the employee's productivity, judgment,
reasoning, concentration and psychomotor control, and marked changes in behavior.
The term includes accidents, near accidents, erratic conduct suggestive of illegal drug or
alcohol use, any unsafe performance behaviors, and unexplained deviations from
productivity.
. "City premises or City facilities" means all property of the City, including but
not limited to the plant facility and surrounding areas on City-owned or leased property,
parking lots, and storage areas. The term also includes City-owned leased or used
vehicles and equipment wherever located. It also includes the premises where the City
performs contract services.
. "reasonable belief' means a belief based on objective facts sufficient to lead
a prudent person to conclude that a particular person performed a particular act.
. "contraband" means any article, the possession of which on City premises or
while on City business, causes an employee to be in violation of a City work rule.
Contraband includes illegal drugs and alcoholic beverages, drug paraphernalia, lethal
weapons, firearms, explosives, incendiaries, stolen property, counterfeit money, untaxed
whiskey, and pornographic materials.
. "random testing" means a testing process in which selection for testing is
made by a method employing objective, neutral criteria which ensures that every person
subject to testing has a substantially equal statistical chance of being selected. The
method does not permit subjective factors to playa role in selection.
NOTIFICATION TO EMPLOYEES
The City will notify employees of this policy by:
. Giving to each employee a copy of the policy and obtaining a written
acknowledgment from each employee that the policy has been received,
read, and understood.
EDUCATION
All supervisors and other management personnel are to be trained in:
. Detecting the signs and behavior of employees who may be using illegal
drugs or alcohol in violation of this policy.
. Intervening in situations that may involve violations of this policy.
. Recognizing the above activities as a direct job responsibility.
Employees are to be informed of:
. The health and safety dangers associated with illegal drug and alcohol
use.
. The provisions of this policy.
PROHIBITED ACTMTIES
Legal Drugs
It is the responsibility of every employee at work to be free of the influence of any impairing
substances, including legal drugs. The purpose of this provision is not to prohibit the proper
use of a legal drug by an employee at work, but to require the employee to determine the
potential impairing effects that off-the-job or on-the-job use of the legal drug in question
may have upon the employee's safe and productive performance at the workplace. When
an employee has determined that use of the legal drug will have an impairing effect on his
or her safe and productive performance, the employee will be required to report this to the
supervisor.
The City at all times reserves the right to judge the effect that a legal drug may have upon
work performance and to restrict the using employee's work activity or presence at the
workplace accordingly.
Illegal Drugs, Drug Paraphernalia, and Alcohol
The use, sale, purchase, transfer, manufacture or possession in any detectable manner of
an illegal drug or alcohol by any employee including contract employees while on City
premises or while performing City business is prohibited.
The sale, purchase, transfer, or possession of drug paraphernalia by any employee
including contract employees, on City premises or while performing City business is
prohibited.
BIOLOGICAL TESTING
Current Employees
The City may perform biological testing of an employee:
. who manifests behavior QivinQ probable cause to City officials to believe that
the emplovee is unable to satisfactorily perform his or her job functions due to drug or
alcohol induced impairment.
. who is directly involved in an aCcident which results in property damage or
personal injury.
. employed in a public safety, safety sensitive or security sensitive position on
a random basis.
. Return to duty.
An employee's consent to submit to biological testing is required as a condition of
employment and the employee's refusal to consent will result in termination of employment.
An employee who is tested as the result of involvement in a for cause situation may be
suspended, without pay, pending completion of whatever inquiries may be required.
Job Applicants
All applicants for employment will be subject to biological testing. If evidence of the use of
illegal drugs by an applicant is discovered, either through biological testing or other means,
the employment process will be suspended. If the applicant refuses to take a biological
test, the employment process will be suspended.
INSPECTIONS AND SEARCHES
The City may conduct unannounced general inspections and searches for illegal drugs or
alcohol on City premises or in City vehicles or equipment wherever located. Employees,
including contractual employees, are expected to cooperate.
Search of an employee and his or her personal property may be made when there is
reasonable belief to conclude that the employee is in violation of this policy.
An employee's consent to a search is required as a condition of employment and the
employee's refusal to consent will result in discharge, even for a first refusal. Contractual
employees who fail to consent will be banned from the job site.
Illegal drugs, drugs believed to be illegal, and drug paraphernalia found on City property
will be tumed over to the appropriate law enforcement agency and full cooperation given to
any subsequent investigation. Substances which cannot be identified as an illegal drug by
a layman's examination will be turned over to a biological testing vendor for scientific
analysis.
Other forms of contraband, such as firearms, explosives, and lethal weapons, will be
subject to seizure during an inspection or search. An employee who is found to possess
contraband on City property or while on City business will be subject to discipline up to and
including discharge. Contractual employees who are found to be in possession of
contraband will be banned from the job site.
If an employee is the subject of a drug-related investigation by the City or by a law
enforcement agency, the employee may be suspended, without pay, pending completion of
I
( 0;1 f7 {)ot4/i.i
Water Production Supervisor
Water Production
Ray Mayo
Water Production Operator II
Water Production
Javier Carmona
Howard Willis
Utility Supervisor
Water Distribution Stan Minor
Wastewater Collection Leonard Nichols
Senior Utility Maintenance Operator
Water Distribution Marshall Williams
Ignacio Ramirez
Miguel Campos
Murphy Arvie
Wastewater Collection Rene Rodriguez
Roman Buentillo
Utility Operator II
Water Distribution
Wastewater Collection
Utility Operator I
Water Distribution Moises Sanchez
John Gadd
Steven King
Charles Brownfield
Clyde Woods
Wastewater Collection Mitchel Barlow
Belfre Sandoval
Darren Massey
Senior Lift Station Operator
Wastewater Collection Julio Garcia
Lift Station Operator
Wastewater Collection David Sjolander
Senior Treatment Plant Operator
Wastewater Treatment Robert Banks
Treatment Plant Operator II
Wastewater Treatment Eliseo Escobedo
Billy Brooks
Rene Porras
Treatment Plant Supervisor
Wastewater Treatment Donald Shepard
(0'(1 p/df'fl-ll f1)
Equipment Operator II Streets Freddie Harris
Danny Cavazos
Larry Gray
Michael Davis
James Stark
Robert Ward
Solid Waste Jesus Alfaro
Perry Mosley
Martin Gonzalez
Jorge Robles
Equipment Operator I Streets Alvin Jones
Adam Tally
Carlos Vega
Willie Smith
Richard Flippo
Kenneth Creeks
Helidoro Jauregui
Hector Cardenas
John Kimball
Sammy Pitrucha
Edward Munoz
Solid Waste Rudy Ramirez
Earl Harris
Mohammad Yaqol
Rodrigo Tacla
Tim Hernandez
Neil Badall
Raul Davila
Mosquito Control Technician Streets Reynaldo Coronae
Senior Mechanic Equipment Service Sonny Alfred
Jorge Reynaga
Gary Swilley
Dennis Muska
Mechanic Equipment Service George Molnar
Rafael Moreno
Mechanic Assistant Equipment Service Timothy Klemin
John Kemp
Willie Hawkins
LOYl Fi J'I'JI1fi/j (
CITY OF LA PORTE
POSITIONS AND EMPLOYEES THAT REQUIRE CDL DRIVERS LICENSES
Job Titles Department
Building Maintenance Technician Supervisor
Parks Maintenance
Building Maintenance Technician
Parks Maintenance
Park Maintenance Supervisor
Parks Maintenance
Sr. Park Maintenance Worker
Parks Maintenance
Park Maintenance Worker II
Parks Maintenance
Special Services Superintendent
Special Services
Senior Services Coordinator
Special Services
Debra Dunham
Senior Services Assistant
Special Services
Senior Services Recreation Specialist
Special Services
Randy Cernosek
Craig Siles
Kenneth Weber
Jon Cobb
Ronnie White
Chris Muska
Brian Bedford
Harry Busby
John Cole
Demetrius James
Eddy Martinez
Jesus Carmelo
Karen Beerman
Josie Ramirez
Robbie Nelson
Recreation Therapist
Recreation
Nancy Jacobs
Assistant Recreation Therapist
Recreation
Rosalinda Gutierrez
Therapeutic Recreation Specialist
Recreation
Street Maintenance Supervisor
Streets
Senior Equipment Operator
Streets
Solid Waste
Sharon Nutt
Ray Stamm
Billy Davenport
Rodney Cox
Felix Aleman
Alfonso Hernandez
Rusty Smith
Olegario Rodriguez
Dennis Dearmond
Carlos Borrego
Victor Campos
Timothy Wells
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Datellequested: Ol~
llequ_ By. W.,ue~
Department: Planaiag nepartmeDt
Bud2et
Source of Funds:
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Proposals
Amount Requested:
Exhibits:
Exhibits: PowerPoint Presentation
JUUltfft- tlJcI,~ /\1 ~ e, 3tf,/d~
(
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
Concerns over the maintenance of city rights-of-way (streets, alleys) have been expressed. In past years mowing of
city alleys and street rights-of-ways were performed by Public Works personnel. However, as workloads increased,
alternative methods were utilized. The Public Works Department continued the mowing of street rights-of-way but
the frequency was reduced.
In addition, straight tractor mowing of the alleys was incorporated into a outside mowing contract and managed by
the Utility Billing Division. However, overgrowth along each side of the alley created situations where the
contractor damaged water and/or gas meters that were not visible. Recognizing the challenges, utility billing
personnel worked with Park Department personnel and developed a program that utilized existing park equipment
and utility billing personnel on weekends (overtime pay). Existing personnel were able to perform both mowing and
weed-eating of alleys at a cost savings over the cost of outside mowing. Unfortunately, the demand of working
regular overtime hours on top of regular weekly duties proved to be a strain and mowing occurred infrequently or on
a complaint basis.
Staff was asked to explore possible options that would allow for the maintenance of rights-of-way similar to the
maintenance of privately owned property. The Planning and Public Works Departments discussed ideas and a
presentation for Council's consideration has been developed. While the overhead presentation will go into more
depth; the considerations are as follows:
· With current street exchanges with Harris County - Public Works current mowing cycles of ditch/streets
can be reduced by (1) week
· An increase in the cycles and the addition of mowing alleys by increasing Public Works personnel and
equipment
· Secure an outside contract for routine cleaninglmowinglweed-eating of alleys, street intersection triangles
and clean-up/subsequent mowing of dump sites along street shoulders in front of undeveloped lots
· Consider utilization of Chapter 34, Sect. 34-126 mowing regulations. Existing language allows the City to
require adjoining property owners to maintain the city's street/alley rights-of-way located adjacent to their
privately owned lots
Action Required bv Council:
Guidance on mowing of city rights-of-way
Approved for City Council A2enda
~~1:11tcl~
Debra Feazelle, City Manager
1-(~-05
Date
RIGHTS-Of-WAY MAINTENANCE
In addition to the mowing of "developed and undeveloped" street rights-of-way
(including any unmowed ditches), the city is responsible for maintaining approximately
408 alley rights-of-way that total 2,732,768 square feet ofland area. The alleys are
primarily located within the older sections of our community that are located east of New
Highway 146.
PROPOSAL #1
(STATUS QUO)
. Public Works continues mowing of streets and some alley mowing. Their normal
time offive (5) weeks could be reduced to four (4) weeks due to the recent road
exchange with Harris County.
. Utility Billing continues mowing/weed-eating of alleys on an as-needed and/or
complaint basis.
------------------
------------------
PROPOSAL #2
(ADDITIONAL PERSONNEL/EQUIPMENT)
. Add three (3) new full-time employees and five (5) pieces of mowing equipment
and Public Works estimates the normal mowing cycle could be reduced from five
(5) weeks to two (2) weeks. This would include weed-eating or tree trimming
within alleys.
ESTIMATED COST - $183,882.00 (includes employee salaries, benefits
and equipment costs).
--OR--
. Add three (3) new part-time (no benefits) rather than full-time employees -.
$1O.00/hour with a 38 Hr/ Work Week = $59,280.00 Year/3 Employees
ESTIMATED COST - $101,082.00 (Part-time employees, no benefits and
and same equipment costs)
SAVINGS: $41,802.00
-----------------
--------------------
RIGHTS-OF-WAY MAINTENANCE CON'T.
PAGE 2
PROPOSAL #3
(CITY AND OUTSIDE CONTRACT)
. Initial clean-up (weed-eating along both sides of the alleys and trimming trees up
to a ten foot [10'] height) to be performed by city personnel.
. Quarterly or bi-annual alley maintenance (tractor mowing only) by an outside
contractor. Contractor to be selected by the typical bid process.
Rough estimate for quarterly alley mowing (after initial clean-up) would equal
approximately $61,200.00 ($50.00 x 408 alleys = $20,400.00/quarter)
Rough estimate for bi-annual alley mowing (after initial clean-up) would equal
approximately $40,800.00 ($50.00 x 408 alleys = $20,400.00/per mowing)
ESTIMATED COST - $61,200.00 OR $40,800.00
RIGHTS-OF-WAY MAINTENANCE CON'T.
PAGE 3
PROPOSAL #4
(OUTSIDE CONTRACT)
. Initial clean-up (weed-eating along both sides of the alleys and trimming trees up to a ten
foot [10'] height) to be performed by contractor.
Rough estimate for the "worst" alleys would be $73,350.00 ($450.00 x 40% ofthe 408
total alleys). Contractor would take mulched tree trimmings to private landfill.
Rough estimate for the "best" alleys would be $49,000.00 ($200.00 x 60% of the 408
total alleys). Contractor would take mulched tree trimmings to private landfill.
ESTIMATED COST - $73,350.00 PLUS $49,000.00 = $122,350.00 INITIAL
CLEAN-UP - MULCH TO A PRIVATE LANDFILL
---------
---------
--OR--
$25.00/ALLEY REDUCTION WITHOUT LANDFILL COST
Rough estimate for the "worst" alleys would be $69,275.00 ($425.00 x 40% ofthe 408
total alleys). Contractor would take mulched tree trimmings to Public Work's mulch
yard.
Rough estimate for the "best" alleys would be $42,875.00 ($175.00 x 60% of the 408
total alleys). Contractor would take mulched tree trimmings to Public Work's mulch
yard.
ESTIMATED COST - $69,275.00 PLUS $42,875.00 = $112,150.00 INITIAL
CLEAN-UP - MULCH TO CITY YARD EQUALS A
$10,200.00 SAVINGS
PLUS==========
. Quarterly or bi-annual alley mowing performed by an outside contractor. Contractor to
be selected by the typical bid process.
Rough estimate for quarterly alley mowing (after initial clean-up) would equal
approximately $61,200.00 ($50.00 x 408 alleys = $20,400.00/quarter)
Rough estimate for bi-annual alley mowing (after initial clean-up) would equal
approximately $40,800.00 ($50.00 x 408 alleys = $20,400.00/per mowing)
ESTIMATED COSTS -
$61,200.00 PLUS $122,250.00 = $183,450.00
$40,800.00 PLUS $122,250.00 = $163,050.00
$61,200.00 PLUS $112,150.00 = $173,350.00
$40,800.00 PLUS $112,150.00 = $152,950.00
(INITIAL WI QUARTERLY MAINT.)
(INITIAL WI BI-ANNUAL MAINT.)
(INITIAL WI QUARTERLY MAINT.)
(INITIAL WI BI-ANNUAL MAINT.)
RIGHfS-OF-W A Y MAINTENANCE CON'T.
PAGE 4
PROPOSAL #5
(CITIZENS)
. Staff begins utilizing Chapter 34, Sect. 34-26 ordinance language to require
citizens to mow adjacent street and alley rights-of-way. As currently written (see
attached) but not previously enforced, citizens would be required to mow as noted
below:
Streets - mow to curblines or to 14' beyond their property line where curblines do
not exist.
Alleys - mow to the centerline of the 16' alleys (this requires two neighbors to
complete the mowing oftheir section of the 16' alley abutting their lots.
Owners of undeveloped lots would have to be notified by mail whereas residents
could be notified in person or by mail.
Staff Concerns:
Physical condition of alley prohibits a citizen from doing the initial annual clean-
up. A consideration could be for city personnel to perform the initial clean-up
prior to staff requesting the citizen to start regular maintenance.
Citizen is "unable" to mow due to age, health conditions or possible financial
constraints (situation where they are paying someone to mow their yard now &
cost would increase). Staff could arrange for the mowing and the citizen would
be billed for the mowing of city property.
Citizen is "unwilling" to perform the task. Staff could arrange for the mowing
and the citizen would be billed for the mowing of city property.
Possible liability issue(s) where a citizen or citizens' private contractor claims
injury or damage to his equipment as a result of having to mow the ditches and
alleys.
Possible negative impact on the positive perception desired by City staff
RIGHTS-OF-WAY MAINTENANCE CON'T.
PAGE 5
ADDITIONAL CONSIDERATIONS
(OUTSIDE CONTRACT)
. Applies to all alley proposals mentioned in this presentation.
. Dumping along street rights-of-way, in front of "undeveloped" lots, prevents
standard mowing in isolated areas.
Implement a contract for an outside contractor to remove such debris and
mow/weed-eat area as needed.
Rough estimate would be $20.00 (standard truck bed load)
Debris over that size would be bid on an individual basis
. Intersection mowing (sight triangles of 4-corner intersection includes shoulders,
ditches & stop signs) to be performed by an outside contractor.
Rough estimate would be $20.00 per intersection
ESTIMATED COST - $8,320.00 (208 total intersections x 50% = $2,080.00 x
(4) quarterly mowings)
S:\CPShare\INSPECTlON DNISION\ALL OTHER STIJFF\Code EnforcementWley Mowing Proposals.doc
ENVIRONMENT
S 34-126
ARTICLE nr. UNSANITAI;tY, UNSIGHTLY CONDITIONS ON PRIVATE PREMISES*
Sec. 34-126. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Any and all other objectionable, unsightly or insanitary matter of whatever nature means all
uncultivated vegetable growth, objects and matters not included within the meaning of the
other terms as defined in this section, which are liable to produce or tend to produce an
unhealthy, unwholesome or insanitary condition to the premises within the general locality
where such conditions are situated, and shall also include any species of ragweed or other
vegetable growth which might or may tend to be unhealthy to individuals residing within the
general locality of where such conditions are situated.
Brush means all trees or shrubbery under seven feet in height which are not cultivated or
cared for by persons owning or controlling the premises.
Lot or parcel of real estate (in addition to the ground within its boundaries) means all ground
lying and being adjacent to and extending beyond the property line of such lot or parcel of real
estate to the curbline of adjacent streets, where a curbline has been established, and 14 feet
beyond the property line where no curbline has been established on adjacent streets, and also
to the center of adjacent alleys.
Nuisance means whatever is dangerous to human health or welfare, or whatever renders
the ground, water, air or food a hazard or an injury to human health.
*State law reference-Notice to remove insanitary, unsightly, etc., conditions, V.T.C.A.,
Health and Safety Code S 342.001 et seq.
Supp. No. 10
CD34:8.5
RIGHTS OF WAY
MAINTENANCE
COMPARISON
TABLE
PROPOSAL DESCRIPTION
#1 $0 No additional budaet impact
(A) $183,882 (3) new full-time employees including benefits
#2 (5) new pieces of equipment
(B) $101,082 (3) new part-time employees - no benefits
(5) new pieces of eauipment
(A) $0 No additional budget impact - Initial annual clean-up by current personnel
#3 (B) $61,200 Quarterly maintenance/outside contract - tractor mowing only
(C) $40,800 Bi-annual maintenance/outside contract - tractor mowing only
(A) $122,350 Initial annual clean-up by outside contract - mulch to landfill
#4 (B) $112,150 Initial annual clean-up by outside contract - mulch to Public Works yard
(C) $ 61,200 Quarterly maintenance/outside contract - tractor mowing only
1(0) $ 40,800 Bi-annual maintenance/outside contract - tractor mowina only
(A) $0 No additional budget impact - Initial clean-up by current personnel
(B) $0 No additional budget inpact - Future by property owner/occupant
#5 (C) $0 No additional budget impact - Initial annual clean-up by owner/occupant
(0) $0 No additional budget impact - Future maintenance by owner/occupant
Additional $20/standard truckbed load site specific, illegally dumped debris removal & mowing
Consideration Bid basis - over (1) load site specific, illegally dumped debris removal & mowing
$8,320 4-comer intersection - auarterly mowings/weed-eat an $20/intersection
c
City of La Porte
Interoffice Memorandum
To:
Mayor and Council
Debra B. Feazelle, City
ager
From:
John Joerns, Assistant
Date:
January 17, 2005
Subject:
Preparation of Tax Abatement Guidelines
The outline of steps to provide tax abatements (attached) has been revised to reflect the current Chapter
312 of Texas Tax Code and direction received from Council. The revisions are shown in a strike and
italics format. If you have any questions, please advise.
Staff is preparing abatement guidelines and criteria that will mirror Harris County's with a few
modifications.
To fit our local situation, the following were included in the City's Guidelines adopted in 1998 (for the
PPG abatement and expired after 2 years) and I anticipate Council will want to include them in the
proposed guidelines;
. Not bound to consider or grant a specific application or request for abatement
. Tax Abatements not considered in Industrial District(s)
I also suggest that we include the following regarding La Porte TIRZ #1;
. No abatements with a TIRZ
. Or any future TIRZ
Since our last communication, I have learned that Harris County has made modifications to their tax
abatement guidelines. Most ofthe modifications will not affect the project Council is considering.
However, the schedule of abatements offered by Harris County has gone from a declining schedule to
a fixed percentage over ten years.
Harris County Guidelines
Previous Abatement
Schedule
Years 1-3
4
5
6
7-10
100%
80%
60%
40%
20%
Current Abatement
Schedule
Years 1-10 56%
Since our discussion with Council and Project "Fix Up" (formally "Fix It") have centered on the
declining percentage, staff is proceeding in that manner. I have informed the Project Fix Up team and
have asked if they have a preference.
Also, in 1998 when th~ PPG abatement was approved the guidelines (now expired) established;
. A threshold of $21,000,000 increase in taxable value for approving abatements
. An abatement of 50% for 7 years
This was done to more closely resemble (not exactly) the tax incentives available in our Industrial
Districts.
The proposed guidelines mirroring Harris County's (except for percentage abated by year) will
establish;
. A threshold of $1,000,000 for 10 years
Council will need to give direction as to whether or not they wish to re-establish the provisions for a
level of investment in the range of $20 million and for separate abatement percentages of for this level
of investment. The term could go to 10 years or be kept at 7 years, which is the current term in our
Industrial District Agreements (which expire December 31, 2007). Please weigh in on this question.
This item will be placed on the January 24 Council agenda to receive direction. If Council wishes, this
could be dealt with later as the guidelines can be amended by a % vote of the City Council.
Our timeline provides for an alternate date of February 14 to adopt the guidelines and criteria. This
date will still keep us within the projected time frame for establishing abatements for project "Fix Up"
by the middle of March.
JJ/ml
c: Cynthia Alexander, Assistant City Manager
Knox Askins, City Attorney
Revised 1/17/2005
Steps / Timeline for Consideration and Approval of Property Tax Abatement
Step 1.
Each taxing unit that wants to consider tax abatement proposals must adopt a resolution
indicating it's intent to participate in tax abatement.
. The resolution does not bind the city to grant approval of any proposed agreements
Prepare resolution January 5th -January 18th
Adopt at City Council meeting of January 24th
Step 2.
Each taxing unit must adopt tax abatement guidelines and criteria
. Effective for two years
. General 'IS. Specific
. Mirror Harris County vs. develop separate guidelines (see step 6)
See memo 1/17/05 outlining significant change in Harris County Guidelines
. Amends city's current guidelines (which have expired)
./ Prepare Ordinance for tax abatement guidelines and criteria January 5th - January 18th
./ Adopt at Council Meeting of January 24th (Alternate date Feb.14th)
Step 3.
After holding a public hearing and providing notice, the taxing unit that is the lead party in
the tax abatement must designate an area as a "reinvestment zone".
./ Seven days written notice of public hearings to other taxing entities
./ Notice of public hearing published in newspaper at least seven days prior to hearing
./ Decide on proposed boundaries of the zone
. This site only (at this time undetermined)
. This proposed development traet
. A larger area of the city
./ At public hearing city must make several findings.
. Improvements sought are feasible and of benefit after expiration ofthe abatement
agreement
. Designation of the zone is likely to contribute to the retention or expansion of primary
employment and/or attract major investment to the zone.
./ Notices out at least by Feb. 3rd
./ Public hearing date - City Council meeting Feb 14th
./ Designate the Reinvestment Zone Feb 14th (Alternate date Feb 28th)
Note: It should be noted that designation of an area as an enterprise zone under the Texas Enterprise
Zone Act (Government Code Chapter 2303) would also constitute designation of the area as a
reinvestment zone.(4061 Reinvestment zones that are enterprise zones are effective for the duration
of the enterprise zone (seven years). Participants would still need to execute the tax abatement
agreement according to the rest of the administrative requirements contained in Chapter 312 of
the Tax Code (outlined below). However, in enterprise zones the terms of the abatement
agreements may vary between taxing units with regard to the length of time and the
percentage of the property value subject to abatement. (See Step 6.)
Revised 1/17/2005
Step 4.
At least seven days before the lead taxing unit grants a tax abatement, it must deliver
written notice of it's intent to enter into the agreement to the presiding officer of each of
the other taxing units in which the property is located. The notice must include a copy of
the proposed tax abatement agreement.
. Develop abatement agreement for increased value of property tangible personal
property (other than inventory or supplies).
. Determine conditions for owner/developer
. Determine term & amounts of abatement (must be less than 10 years)
. Confidentially maintained until tax abatement agreement is exceeded. Can be waived
by mutual consent.
. Develop final draft abatement agreement January 5th - Feb 220d
. Consider at City Council meeting Feb. 28th
. Approve proposed abatement agreement for forwarding to other taxing cities
. Provide written notice to other taxing units March 1st
Step 5.
To adopt the tax abatement agreement, the taxing unit must approve the agreement by a
majority vote of it's governing body at it's regularly scheduled meeting.
A tax abatement agreement must;
o include a list of the kind, number, and location of all proposed improvements to the property;
o provide access to and authorize inspection of the property by the taxing unit to ensure
compliance with the agreement;
o limit the use of the property consistent with the taxing unit's development goals;
o provide for recapturing property tax revenues that are lost if the owner fails to make the
improvements as provided by the agreement;
o include each term that was agreed upon with the property owner and require the owner to
annually certify compliance with the terms of the agreement to each taxing unit; and
o allow the taxing unit to cancel or modify the agreement at any time if the property owner fails to
comply with the terms of the agreement
· Adopt tax abatement agreement at City Council meeting of March 14th
Step 6.
The other taxing units have 90 days from the date the lead taxing unit executes a tax
abatement agreement to enter into an ideBtieal abatement agreement, or choose not to
provide an abatement. There is no penalty for choosing not to abate.
Note: Current legislation does not require identical abatements.
DRAFT
CITY OF LA PORTE, TEXAS
CITY COUNCIL:
Alton E. Porter
MAYOR
Peter Griffiths
COUNCILMAN, AT LARGE A
Barry Beasley
COUNCILMAN, AT LARGE B
Michael Mosteit
COUNCILMAN, DISTRICT I
Chuck Engelken
COUNCILMAN, DISTRICT 2
Howard Ebow
COUNCILMAN, DISTRICT 3
Tommy Moser
COUNCILMAN, DISTRICT 4
Louis Rigby
COUNCILMAN, DISTRICT 5
Mike Clausen
COUNCILMAN, DISTRICT 6
604 West Fairmont Parkway
La Porte, Texas 77571
(281) 471-5020
GUIDELINES AND CRITERIA FOR GRANTING TAX
ABATEMENT IN A REINVESTMENT ZONE CREATED IN THE
CITY OF LA PORTE, TEXAS
Section 66-140. Reinvestment zones.
(a) Tax abatement shall only be allowed in a reinvestment zone.
(b) Reinvestment zones in the city for this purpose will be considered for designation
by city council upon the recommendation of the director. The city council may approve
the creation of these reinvestment zones on a zone-by-zone basis after a public hearing
before the city council. Following the public hearing the city council may consider the
ordinance creating a new reinvestment zone in the proposed area.
(c) The city council may not adopt an ordinance designating a reinvestment zone until
it has held a public hearing at which interested persons are entitled to speak and present
evidence for or against the designation. Notice of the hearing shall be given at least seven
days prior to the hearing. The presiding officers of eligible jurisdictions shall be notified
in writing at least seven days prior to the hearing.
A notice of the public hearing shall be given to other affected taxing jurisdictions,
published in the legal classified section ofthe local daily newspaper having general
circulation, and posted in other places as deemed appropriate, including notice to civic
CITY OF LA PORTE GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT
ADOPTED , 2005
DRAFT
associations in the area surrounding the proposed zone, at least seven days prior to the
hearing. The notice shall contain the location, time, and place of the public hearing and a
description of the proposed boundaries of the reinvestment zone.
(d) The designation of such a zone by ordinance shall constitute an affirmative finding
by the city council that the improvements sought to be constructed or repairs to be made
within the zone are feasible and practical and would be of benefit to the land to be
included within a zone and to the city.
(e) In determining whether an area qualifies as a reinvestment zone for the property tax
abatement program, the city council shall use anyone or more of the following criteria as
guidelines:
(1) The area substantially impairs or arrests the sound growth ofthe city;
retards the provision of housing accommodations, or constitutes an economic or
social liability and is a menace to the public health, safety, morals, or welfare in
its present condition and use by reasons of the presence of substantial number of
substandard, slum, deteriorated, or deteriorating structures, predominance of
defective or inadequate sidewalks or street layout; faulty lot layout in relation to
size, accessibility, or usefulness, unsanitary or unsafe conditions; deterioration of
site or other improvements; tax or special assessment delinquency exceeds the fair
value of the land; defective or unusual conditions of title; the existence of
conditions that endanger life or property by fire or other cause; or any
combination of these factors or conditions.
(2) The area is predominantly open and, because of obsolete platting or
deterioration of structures or site improvements or other factors, substantially
impairs or arrests the sound growth of the city.
(3) The area has been designated a local or state-federal enterprise zone under
the Texas Enterprise Zone Act.
(4) The area is located wholly within an eligible blighted area, as identified
from time to time by city council.
(5) There has been a demonstration of community interest and there is evidence
that substantial number of owners of taxable real property in the reinvestment
zone will participate in such a program.
(6) Be reasonably likely as a result of the designation to contribute to the
retention or expansion of primary employment or to attract major investment in
the zone that would be a benefit to the property and that would contribute to the
economic development of the city.
CITY OF LA PORTE GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT
ADOPTED , 2005
DRAFT
(f) The goals and objectives expressed above and the standards and restrictions
expressed in V.T.C.A., Tax Code ch. 312, as amended, are not exhaustive and
shall be supplemented by such further and additional goals, objectives, rules,
standards and restrictions as the city council may from time to time impose.
(g) The designation of a reinvestment zone hereunder shall expire five years
after the date of its designation and may be renewed for periods not to exceed five
years. The expiration of a designation, however, shall not affect existing
agreements entered into pursuant to section 66-145 or section 66-146 of this
chapter.
Seeti9R I
DEFINITIONS
Section 66-141 (was Sec 66-141)
(a) "Abatement" means the full or partial exemption from ad valorem taxes of certain
real property (including fixed-in-place machinery & equipment) in a reinvestment
zone designated for economic development purposes.
(b) "Eligible Jurisdiction" means the city and any school district, college district or
other taxing district eligible to abate its taxes according to Texas law that levies ad
valorem taxes upon and provides services to property located within the proposed or
existing reinvestment zone.
(c) "Agreement" means a contractual agreement between a property owner and/or lessee
and an eligible jurisdiction for the purposes of tax abatement.
(d) "Base Year Value" means the assessed value of eligible property on January 1
preceding the execution of the agreement plus the agreed upon value of eligible
property improvements made after January 1, but before the execution of the
agreement, or the sales price, ifthe property was conveyed subsequent to January 1,
whichever is greater.
(e) "Competitively-Sited Project" means a project where the applicant has completed a
written evaluation of competing locations for expansion, relocation, or new
operations, including identification of specific sites in those locations.
(I) "Economic Life" means the number of years a property improvement is expected to
be in service in a facility.
(g) "Employee" means a person whose employment is both permanent and full time, who
works for and is an employee of the Owner or an employee of a Contractor, who
CITY OF LA PORTE GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT
ADOPTED ,2005
DRAFT
works a minimum of 1,750 hours per year exclusively within the Zone, who receives
industry standard benefits, and whose employment is reflected in the Owner's (and
Contractor's, if applicable) quarterly report filed with the Texas Workforce
Commission; but excluding any direct contract (seasonal, part-time, and full-time
equivalent).
(h) "Expansion" means the addition of buildings, structures, fixed machinery or
equipment for purposes of increasing production capacity.
(i) "Facility" means property improvements completed or in the process of construction
which together comprise an integral whole.
G) "Manufacturing Facility" means buildings and structures, including fixed-in-place
machinery and equipment, the primary purpose of which is or will be the manufacture
of tangible goods or materials or the processing of such goods or materials by physical
or chemical change.
(k) "New Facility" means a property, previously undeveloped, which is placed into
service by means other than or in conjunction with expansion or modernization.
(1) "Other Basic Industry Facility" means buildings and structures including fixed
machinery and equipment not elsewhere described, used or to be used for the
production of products or services which primarily serve a market in the creation of
new permanent employment and bring in new wealth.
(m) "Regional Distribution Center Facility" means buildings and structures, including
fixed machinery and equipment, used or to be used primarily to receive, store,
service or distribute goods or materials owned by the facility operator where a
majority of the goods or services are distributed to points at least _ miles from any
part of the city.
(n) "Regional Entertainment Facility" means buildings and structures, including fixed
machinery and equipment, used or to be used to provide entertainment through the
admission of the general public where the majority of users reside at least _ miles
from any part of city.
(0) "Regional Service Facility" means buildings and structures, including fixed
machinery and equipment, used or to be used to service goods where a majority of the
goods being serviced originate at least _ miles from any part of city.
(P) "Research Facility" means building and structures, including fixed machinery and
equipment, used or to be used primarily for research or experimentation to improve or
develop new tangible goods or materials or to improve or develop the production
processes thereto.
CITY OF LA PORTE GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT
ADOPTED , 2005
DRAFT
(q) "Research and Development Facility" means buildings and structures, including
fixed-in-place machinery and equipment, used or to be used primarily for research or
experimentation to improve or develop current technology in biomedicine, electronics
or pre-commercial emerging industries.
Seetiao 2
ABATEMENT AUTHORIZED
Section 66-142 (was See 66-144)
(a) Authorized Facility. A facility may be eligible for abatement if it is a: Manufacturing
Facility, Research Facility, Regional Distribution Center Facility, Regional Service
Facility, Regional Entertainment Facility, Research and Development Facility or
Other Basic Industry.
(b) Creation of New Value. Abatement may only be granted for the additional value of
eligible real property (including fixed-in-place machinery and equipment) listed in an
abatement agreement between the City and the property owner and lessee (if
required), subject to such limitations as City Council and the property tax
code may require.
(c) New and Existing Facilities. Abatement may be granted for new facilities, the
expansion of existing facilities, or the improvement to existing facilities having the
effect of improving current environmental conditions.
(d) Eligible Property. Abatement may be extended to the value of buildings, structures,
fixed machinery and equipment, site improvements plus that office space and related
fixed improvements necessary to the operation and administration ofthe facility. The
value of all property shall be the Certified Appraised Value for each year, as finally
determined by the City Appraisal District ("HCAD").
(e) Ineligible Property. The following types of property shall be fully taxable and
ineligible for abatement: land; inventories; supplies; tools; furnishings, and other
forms of movable personal property; vehicles; vessels; aircraft; housing; hotel
accommodations; deferred maintenance investments; property to be rented or leased
(except as provided in the Section 2(f), "Owned/Leased Facilities"); property which
has an economic life ofless than 15 years; property owned or used by the State of
Texas or its political subdivisions or by any organization owned, operated or directed
by a political subdivision ofthe State of Texas, or any property exempted by local,
state or federal law. When such exempted property includes manufacturing
machinery and equipment listed in the Investment Budget (as required in Section 3,
"Application"), then the value of such property may not be included toward the
achievement of the investment or valuation thresholds set out in the Tax Abatement
CITY OF LA PORTE GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT
ADOPTED , 2005
DRAFT
Agreement.
(I) Owned/Leased Facilities. If a leased facility is granted abatement the agreement shall
be executed with the lessor and the lessee.
(g) Value and Term of Abatement. A tax abatement shall be granted in accordance with
the terms of a Tax Abatement Agreement, as follows:
1. Either with the January 1 st valuation date immediately following the date of
execution of the agreement or a subsequent January 1st valuation date not more
than three years after execution of a tax abatement agreement, but not beyond
the completion of construction. Projects are eligible for abatement of new
value, subject to an abatement cap: to be calculated as $1,000,000 per job
created/retained times the number of such jobs as required in the abatement
agreement. Such cap shall not exceed the increased value requirement as set out
in the abatement agreement, and will be adjusted annually (as set out in Section
20), "Taxability"). To determille the afllount of eaeh year's exem.ption, the
adjusted cap shall be multiplied by 56 pereellt ill eaeh year, Uf' to a total often
(10) years. Under no circumstances will any facility be granted the benefit of a
tax abatement for longer than ten (10) years. Value subject to abatement must
remain greater than or equal to the contractually-defined "Minimum Value
Requirement. "
To determine the amount of each year's exemption, the adjusted cap shall be
multiplied by a sliding scale as follows:
Year Abated
Percentage of Value
1-3 Including Construction
4
5
6
7-10
100%
80%
60%
40%
20%
2. No tax abatement shall be given in any year in which the facility fails to meet
The contractually defined "Minimum Value Requirement."
3. All Tax Abatement Agreements shall set out in detail the exact method to be
used in computing each year's exemption.
4. No tax abatement shall be given in any year in which the facility fails to meet
the employment minimum set forth in Section 2(h), "Basic Qualifications for
Tax Abatement."
CITY OF LA PORTE GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT
ADOPTED , 2005
DRAFT
(h) Basic Qualifications for Tax Abatement. To be eligible for designation as a
reinvestment zone and receive tax abatement the planned improvement:
1. must be shown to increase the assessed value of the property at least $1. 0
million upon completion of the contractually-defined "Construction Period;"
2. must be shown to directly create or prevent the loss of permanent full-time
employment for at least 25 people within the reinvestment zone upon
completion of the contractually-defined "Employment Period;"
3. must be competitively-sited; and
4. must be shown not to solely or primarily have the effect oftransferring
employment from one part of City to another.
(i) Research and Development Projects. If the planned project improvement is for a
research and development facility, in order to be eligible for tax abatement the
planned improvement:
1. must be reasonably expected to increase the value of the property by a
minimum amount of $500,000 upon the completion of construction, and
2. must be expected to create permanent employment for at least five people on a
permanent basis in the designated zone, provided that this employment
qualification shall take effect no more than two years after the effective date of
the agreement and continue through the term of the agreement. The abatement
period shall not exceed five years from the effective date of abatement and the
percentage of value to be abated shall be up to 100 percent of new value
throughout the abatement period, subject to a maximum abatable new value of
$1,000,000 per job created/retained.
(j) Taxability. From the execution of the abatement to the end of the agreement period,
taxes shall be payable as follows:
1. value of ineligible property (as provided in Section 2(e), "Ineligible Property,")
shall be fully taxable;
2. the non abatable real property within the reinvestment zone shall be fully
taxable each year;
3. additional value of new eligible property shall be taxable in the manner
described in Section 2 (g),"Value and Term of Abatement;"
4. when due to the employment formula (as described in Section 2 (g),"Value and
CITY OF LA PORTE GUIDELINES AND CRITERIA
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Term of Abatement,"), the maximum amount eligible for abatement ("the cap")
is less than the total value of the new facility, the amount of the cap will be
reduced each year at the same rate as the taxable improvements are reduced in
value from the previous year's value; and
5. each year's exemption will be computed by HCAD in the following manner:
(a) The Base Property Value will be the current value of all real property
plus fixed-in-place machinery and equipment within the zone that is
not subject to abatement.
(b) The Base Year Value will be subtracted from the value of the Abated
Property plus the Base Property Value, the result to be called Current
Amount Eligible for Abatement. In no case can this amount exceed the
cap set out in the abatement contract.
(c) The Current Amount Eligible for Abatement is then multiplied by 56
percent to determine the amount of each year's exemption.
(k) Environmental and Worker Safety Qualification. In determining whether to grant
a tax abatement, consideration will be given to compliance with all state and federal
laws designed to protect human health, welfare and the environment ("environmental
laws") that are applicable to all facilities in the State of Texas owned or operated by
the owner of the facility or lessee, its parent, subsidiaries and, if a joint venture or
partnership, every member of the joint venture or partnership ("applicants").
Consideration may also be given to compliance with environmental and worker safety
laws by applicants at other facilities within the United States.
Seeti9R 3
APPLICATION
Section 66-143 (was See 66-142)
(a) Timely application: Any current or potential owner or lessee oftaxable property in
City must request a tax abatement by filing a completed application with the City
prior to any public expression of a siting decision or any commitment (legal or
financial) to the proposed project.
(b) A complete application package for consideration of a tax abatement shall consist of:
· a completed City Application form;
· a completed narrative prepared in accordance with the template provided with
CITY OF LA PORTE GUIDELINES AND CRITERIA
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the City Application and its instructions;
· an "Investment Budget" detailing components and costs of the real property
improvements and fixed-in-place improvements for which tax abatement is
requested, including type, number, economic life, and eligibility for a tax
exemption granted by the Texas Commission on Environmental Quality
("TCEQ") (ifknown);
· a map and legal description of the property;
· a time schedule for undertaking and completing the proposed improvements;
· a ten-year environmental and worker safety compliance history for all facilities
located within the State of Texas and owned in whole or in part by applicants (as
defined in Section 2(k), "Environmental and Worker Safety Qualification");
· a copy of the evaluation of competing locations, as described in Section 1,
"Definitions,"
· information pertaining to the reasons that the requested tax abatement is
necessary to ensure that the proposed project is built in City (i.e.,
documentation supporting assertion that "but for" a tax abatement, the stated
project could not be constructed in City);
· copies of the immediately preceding quarterly report(s) filed with the Texas
Workforce Commission, documenting the current number of permanent full-
time employees, and full-time Contractor employees, if any, at the time the
application is submitted;
· financial and other information, as the City deems appropriate for evaluating
the financial capacity and other factors of the applicant;
· certification prepared by City Tax Assessor-Collector stating that all
tax accounts within City are paid on a current basis;
· for a leased facility, the applicant shall provide with the application the name
and address of the lessor and a draft copy of the proposed lease, or option
contract. In the event a lease or option contract has already been executed with
owner of site, the document must include a provision whereby abatement
applicant may terminate such contract without penalty or loss of earnest money,
in the event that City does not grant a tax abatement.
( c) Upon receipt of a completed application, the City shall notify in writing and
provide a copy of the application to the presiding officer of the governing body of
CITY OF LA PORTE GUIDELINES AND CRITERIA
FOR GRANTING T AX ABATEMENT
ADOPTED , 2005
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each eligible taxing jurisdiction.
(d) After receipt of an application for creation of a reinvestment zone and application for
abatement, the City shall determine whether the application qualifies for a tax
abatement under the terms of these guidelines and criteria. Such determination may
be delegated to an employee or City department. If it is determined that an
application qualifies for abatement, it shall be recommended to the Commissioners
Court that the applicant be notified in writing that subject to a public hearing, if
applicable, and approval of a contract by City Council, the project qualifies
for abatement.
(e) The City shall not establish a reinvestment zone or enter into an abatement
agreement if it finds that the request for the abatement was filed after the
commencement of construction, alteration, or installation of improvements related to
a proposed modernization, expansion or new facility. Property eligible for abatement
includes only the new improvements that occur after the completion of an abatement
agreement with City or participating municipality.
SeetioB 4
PUBLIC HEARING AND APPROV AL
Section 66-144 (was Sec 66-143)
(a) The City Council may not adopt a resolution designating a reinvestment zone for
the purposes of considering approval of a tax abatement until it has held a public
hearing at which interested persons are entitled to speak and present evidence for or
against the designation. Notice ofthe hearing shall be clearly identified on the City
Council agenda at least g _ days prior to the hearing. The presiding officers of
eligible Jurisdictions shall be notified in writing at least 7 days prior to the hearing.
(b) At the public hearing, interested persons shall be entitled to speak and present written
materials for or against the approval of the proposed project or tax abatement
agreement.
( c) In order to enter into a tax abatement agreement, the City Council must find that
the terms of the proposed agreement meet these Guidelines and Criteria and that:
1. there will be no substantial adverse effect on the provision of the
jurisdictions' service or tax base; and
2. the planned use ofthe property will not constitute a hazard to public safety,
health or morals.
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Any variance to these guidelines must be approved by a vote of at least three-fourths
(3/4) ofthe City Council.
SeetioB 5
AGREEMENT
Section 66-145 (was Sec 66-145)
After approval the City shall formally pass a resolution and execute an agreement with
the owner of the facility and lessee as required which shall include:
(a) estimated value to be abated and the base year value;
(b) percent of value to be abated each year as provided in Section 2 ("Abatement
Authorized);
( c) the commencement date and the termination date of abatement;
(d) the proposed use of the facility; nature of construction, time schedule, survey,
property description and improvement list;
( e) contractual obligations in the event of default, violation of terms or conditions,
delinquent taxes, recapture, administration and assignment as provided in Section 2
("Abatement Authorized"), Section 6 ("Recapture"), Section 7 ("Administration"),
and Section 8 ("Assignment"), or other provisions that may be required for uniformity
or by state law;
(f) amount of investment, increase in assessed value and number of jobs involved, as
provided in Section 2 ("Abatement Authorized");
(g) a requirement that the applicant annually submit to HCAD and City, a January
employee count for the abated facility which corresponds to employment counts
reported in the facility's Employer's Quarterly Report to the Texas Workforce
Commission for the quarter most recently ended at calendar year-end, and a separate
notarized letter certifying the number of jobs created or retained as a direct result of
the abated improvements and the number of employees in other facilities located
within the City and the compliance with the environmental and worker safety
requirements in the agreement for the preceding calendar year, for as of January 1.
Submission shall be used to determine abatement eligibility for that year and shall be
subject to audit if requested by the governing body. Failure to submit will result in the
ineligibility to receive an abatement for that year; and
(h) A requirement that the owner or lessee will (a) obtain and maintain all required
CITY OF LA PORTE GUIDELINES AND CRITERIA
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Agency and the TCEQ for the construction and operation of its facility and for the
storage, transport and disposal of solid waste; and (b) seek a permit from the TCEQ
for all grandfathered units on the site of the abated facility by filing with the TCEQ,
within three years of receiving the abatement, a technically complete application for
such a permit.
Such agreement normally shall be executed within 60 days after the applicant has
forwarded all necessary information and documentation to the City
SeetioB ()
RECAPTURE
Section 66-146 (was Sec 66-148)
(a) If the facility is completed and begins producing product or service, but subsequently
discontinues producing product or service for any reason for a period of 180 days
during the abatement period, or one year in the event of natural disaster, then the
agreement shall terminate and so shall the abatement of the taxes for the calendar year
during which the facility no longer produces. The taxes otherwise abated for that
calendar year shall be paid to the City within sixty (60) days from the date of
termination. The company or individual shall notify the City in writing at the address
stated in the agreement within ten (10) days from any discontinuation, stating the
reason for the discontinuation and the projected length of the discontinuation. If the
City determines that such requirement has not been complied with, the agreement
may be terminated immediately and all taxes previously abated by virtue of the
agreement may be recaptured and paid within sixty (60) days of the termination.
(b) If the company or individual is in default according to the terms and conditions of its
agreement, the company or individual shall notify the City in writing at the address
stated in the agreement within ten (10) days from the default, and cure such default
within sixty (60) days from the date of the default ("Cure Period"). Ifthe City
determines that such requirement has not been complied with, the agreement may be
terminated immediately and all taxes previously abated by virtue of the agreement
may be recaptured, together with interest at 6% per annum calculated from the
effective date of the agreement and paid within sixty (60) days of the termination. If
the City does not receive full payment within said sixty (60) days, a penalty may be
added, equal to 15% of the total amount abated.
( c) If the company or individual allows its ad valorem taxes owed the City to become
delinquent and fails to timely and properly follow the legal procedures for its protest
and/or contest, the agreement then may be terminated, and all taxes previously abated
by the agreement may be recaptured and paid within sixty (60) days of the
termination, and penalties and interest may be assessed as set out in Section 6
CITY OF LA PORTE GUIDELINES AND CRITERIA
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ADOPTED , 2005
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("Recapture").
SeetioR 7
ADMINISTRATION
Section 66-147 (was See 66-149)
(a) The Chief Appraiser of the City annually shall determine an assessment of the real
and personal property comprising the reinvestment zone. Each year, the company or
individual receiving abatement shall furnish the assessor with such information as
may be necessary for the abatement. Once value has been established, the Chief
Appraiser shall notify the affected jurisdictions, which levies taxes of the amount of
the assessment.
(b) The agreement shall stipulate that employees and/or designated representatives of the
City will have access to the reinvestment zone during the term of the abatement to
inspect the facility to determine if the terms and conditions of the agreement are being
met. All inspections will be made only after giving twenty-four (24) hours prior
notice and will only be conducted in such manner as to not unreasonably interfere
with the construction and/or operation of the facility. All inspections will be made
with one or more representatives of the company or individual and in accordance with
the facility's safety standards.
(c) Upon completion of construction, the City or the jurisdiction creating the
reinvestment zone annually shall evaluate each facility receiving abatement to ensure
compliance with the agreement and report possible violations to the contract and
agreement to the City Council and the City Attorney and the affected
jurisdictions which levy taxes.
SeetioB 8
ASSIGNMENT
Section 66-148 (was See 66-150)
A tax abatement agreement may be assigned to a new owner or lessee of a facility with
the written consent of the City Council, which consent shall not be unreasonably
withheld. Any assignment shall provide that the assignee shall irrevocably and
unconditionally assume all the duties and obligations of the assignor upon the same terms
and conditions as set out in the agreement. Any assignment of a tax abatement agreement
shall be to an entity that continues the same improvements or repairs to the property
(except to the extent such improvements or repairs have been completed), and continues
the same use of the facility as stated in the original Tax Abatement Agreement with the
CITY OF LA PORTE GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT
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initial applicant. No assignment shall be approved if the assignor or the assignee is
indebted to the City for past due ad valorem taxes or other obligations.
SeetioB 9
NON COMPETE .L'\CREE1\IENTS
Section 66-149 (No Previous Provision)
Tax abatement shall not be granted for projects v/hose competitive siting consists only of
cities that have agreed with City to forego the use of tax incentives to compete
for such projects.
SeetioB 10
SUNSET PROVISION
Section 66-149 (No Previous Provision)
(a) These Guidelines and Criteria are effective January 1, 2001 , and will remain
in force until December 31, 2005 , at which time all tax abatement
contracts created pursuant to these provisions will be reviewed by the City to
determine whether the goals have been achieved. Based on that review, the
Guidelines and Criteria will be modified, renewed, or eliminated.
(b) This policy is mutually exclusive of existing Industrial District Contracts and owners
of real property in areas deserving of special attention as agreed by the affected
jurisdictions.
Section 66-150 (was See 66-146)
Redevelopment tax abatement authorized.
(a) Creation. A property tax abatement program is hereby created to be
administered in accordance with V.T.C.A., Tax Code ch. 312, as amended from
time to time.
(b) Definitions. For purposes of this section and section 66-147, the following
words and terms shall have the meanings respectively ascribed:
Department shall mean the department of finance and administration of the city.
Owner of taxable real property shall mean the person, corporation, company or
other entity responsible for paying property taxes on certain property or an
interest therein including a leasehold interest or interests.
Revitalization strategy shall mean a plan prepared by the department to guide in
the development of a designated reinvestment zone for the purpose of creating a
viable and cohesive area in which to live and work. The revitalization strategy
CITY OF LA PORTE GUIDELINES AND CRITERIA
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shall take into consideration input from interested individuals, civic associations
and business groups from the proposed reinvestment zone.
Section 66-151 (was Sec 66-147)
Agreement for redevelopment property tax abatement.
(a) Upon designation of a reinvestment zone, the city shall enter into property
tax abatement agreements with interested owners of taxable real property located
within the reinvestment zone. Upon the city's execution of an agreement
hereunder, the base year value shall be determined. The agreement shall be
conditioned on the owner of the property making certain improvement or repairs
to the property as certified by the director as being consistent with the
revitalization strategy.
(b) In addition, the agreement shall be conditioned on those improvements or
repairs being completed within two years of the date of the agreement. The tax
abatement allowed under these agreements shall be 100 percent of the increase
above the certified appraised value of the building or buildings or the portion of
the building or buildings used for commercial or industrial purposes. The
agreement shall provide that property tax abatement shall begin on January of the
year following the completion of the improvements or repairs contemplated by
the agreement. The maximum duration of tax abatements approved under sections
66-146 and 66-147 shall not exceed five years.
( c) Property in a reinvestment zone that is owned or leased by a member of the
city councilor by a member of the city planning commission is excluded from
property tax abatement.
(d) The city may enter into a property tax abatement agreement with the
interested owners of taxable real property for improvements or repairs completed
before the city's approval of the tax abatement agreement if:
(1) The applicant has complied with the requirements of section 66-142;
and
(2) The applicant provides evidence of good cause as to why the city
should grant tax abatements for improvements or repairs completed before
the city's approval of the tax abatement agreement; and
(3) The agreement is consistent with the requirements of subsections (a)
through ( c) above, except as provided in paragraph (2) of this subsection.
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FOR GRANTING TAX ABATEMENT
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Notwithstanding any other provision of this section, for tax abatement agreements
approved under this subsection (d), city council shall determine the year that property tax
abatement shall begin.
Section 66-152 (was Sec 66-151)
Limitations.
The adoption of the guidelines and criteria by the city council of the City of La
Porte does not:
(1) Limit the discretion ofthe city council of the City of La Porte to
decide whether to enter into a specific tax abatement agreement;
(2) Limit the discretion of the city council of the City of La Porte to
delegate to its employees the authority to determine whether or not the
governing body should consider a particular application or request for tax
abatement; or
(3) Create any property, contract, or other legal right in any person to
have the city council of the City of La Porte consider or grant a specific
application or request for tax abatement.
Section 66-153 (was Sec 66-152)
Nonapplicable areas; exception.
The city council of the City of La Porte hereby establishes the policy of the City
of La Porte, that tax abatement agreement applications will not be accepted for areas
within the Battleground Industrial District and the Bayport Industrial District any
existing Industrial District or Tax Increment Reinvestment Zone of the City of La
Porte or any Industrial Districts or Tax Increment Reinvestment Zones, which may
be created. However, as to any portion of such areas which are not within the corporate
limits of the City of La Porte, Harris County Commissioners Court may establish tax
abatement agreements for the benefit of itself, and taxing units other than the City of La
Porte having jurisdiction over said area.
Adopted . 2005, by
La Porte City Council
CITY OF LA PORTE GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT
ADOPTED ,2005
City of La Porte
Interoffice Memorandum
To:
Mayor and City Council
From:
Debra Feazelle, City Manager
Date:
January 24, 2005
Subject:
Policy Regarding Public Information
Please see attached, the existing policy on Media Protocols dated May 2002.
Per our retreat, I have this scheduled to review and recommend any needed changes.
Martha Gillett called today and said Mayor wanted all of you to have a copy of this
policy.
As a point of information, Media training is on the list, along with customer service and
other initiatives for 2005. It is timely that we review.
For the new members, I began the process of updating old operating policies upon my
arrival in March 2003. The documents are quiet extensive. Instead of stopping our work
and visiting the whole book, we have revised numerous policies as we encountered areas
of concern.
An outline of the status of those policies was scheduled to be completed this month.
Should you have further operating policy questions, please call me and I'll be happy to
assist.
DBF/ml
~~ -9g leA
CITY OF LA PORTE
POLICY AND PROCEDURES MANUAL
Date: July 27, 1999
Revised: May 2002
Approved:
Subject: Media Protocols - Public Information Team
Responsible Agency:
City Manager's Office and City Secretary's Office - Public Information Officer
And Public Information Team Members
PUBLIC INFORMATION TEAM
A current list of representatives will be maintained by the City Secretary's Office. Department Director's
must sent requested changes in writing as they occur.
Administration (Includes Fire Marshal's Office and Golf Course): City Manager or Assistant City Manager
City Secretary's Office: City Secretary, Public Information Officer or Designated Back-up (Assistant City
Secretary or City Manager's Administrative Assistant)
Police Department: Police Chief or Designated Lieutenant
Emergency Services (Fire and EMS) - Director of Emergency Services or Designee
Public Works - Public Works Director or Assistant Public Works Director
Parks and Recreation - Parks and Recreation Director and Assistant Parks and Recreation Director
Planning Department - Planning Director or Designee
Finance Department - Finance Director of Assistant Finance Director
WHEN THE MEDIA CALLS
. Inform them that it is the policy of the City of La Porte to handle information through the Public
Information OfficelPublic Information Team Member.
. Give them the name and number of City Secretary/Public Information Officer (281) 471-5020 ext. 221
or Public Information Team Member.
. Contact the Public Information Office or Public Information Team Member and inform them of the
call and give necessary information to deal with the media.
. Please inform the City Secretary/Public Information Officer of all media contacts, so this information
can be forwarded to the City Manager. The City Manager will forward the information to City Council
as needed.
WHEN THE MEDIA SHOWS UP (UNANNOUNCED!)
. Inform the City Manager and Public Information Officer (281) 471-5020 ext. 221.
. If the Public Information Team Member chooses to make a statement; the following guidelines are
recommended:
. Remain calm and pleasant
. You choose where to talk and where the media is allowed.
. Be as truthful and up front regarding crisis situations as legally possible.
. Include only those details necessary for the public to understand the crisis situation.
. Do Not speculate, offer hearsay knowledge opinions.
· If indicated seek the direct assistance of the City Manager or Assistant City Managers.
In an Emergency or Disaster Situation:
. Advise the City Manager's Office of the crisis.
Do Not release information about the accident to the news media.
. Refer questions/inquiries to the Public Information Officer.
(City Secretary) 281-471-5020 ext. 221
· If the situation calls for a notice to the citizens, consult with the City Manager and Public Information
Office before sending out information to the public.
· Always keep the City Manager and Public Information Office informed of updates in the situation.
NOTE: THE CITY MANAGER WILL MAKE THE DECISION ABOUT WHAT INFORMATION
WILL BE RELEASED TO THE MEDIA AND PUBLIC REGARDING THE INCIDENT. DO NOT
RELEASE THE NAMES OF VICTIMS OR DETAILS OF THE EVENT UNTIL PROPER
AUTHORIZATION FROM THE CITY MANAGER'S OFFICE HAS BEEN ISSUED.