HomeMy WebLinkAbout2005-11-14 Regular Meeting and Workshop Meeting of City Council
"",-
----
CONSENT AGENDA
----..
A
MINUTES OF REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
November 14,2005
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:01 p.m.
Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Clausen, Mike
Mosteit, Barry Beasley, Chuck Engelken ,Howard Ebow and Peter Griffiths.
Members of Council Absent: Louis Rigby
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,
Engineering Technician Supervisor Bobby O'Sullivan, City Secretary Martha Gillett, Police Chief Richard Reff,
Assistant City Secretary Sharon Harris, EMS Chief Ray Nolen, MIS Manager Al Owens, Assistant to the City
Manager Crystal Scott, H.R. Manager Robert Swanagan, Human Resources Specialist III Nicole Hatter,
Purchasing Manager Susan Kelley, Police Officers Association President Matt Novosad, Sergeant Matt Dauemer,
Building Official Debbie Wilmore and Lieutenant Carl Crisp.
Others Present: Spero Pomonis, Sue Gail Kooken, Reverend Dan Chappell, Wilson Joseph, Mrs. Clements,
Houston Chronicle Reporter Carol Christian, Senator Mike Jackson, Representative, District 128 Wayne Smith,
Tina Perez, Erika Cantu, Samantha Davila, Megan Moreno, Brittney Wilson, Lucas Falzett, Jamie Orleans,
Martin Cantu, Miguel A. Melchor, Blair Edwards, Omar Barron, Trent Wise, Paul Hickenbottom and other
citizens.
2. Reverend Dan Chappell of First Baptist Church of La Porte delivered the Invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENT A nONS / PROCLAMATIONS
A. Senator Mike Jackson, State Representative Wayne Smith, Councilman Beasley and Councilman Ebow
presented Resolution No. 897 to Mrs. Clements and Wilson Joseph honoring her son Kerron Clements for
his athletic achievements.
5. Consent Agenda
A. Consider approving Minutes of the Regular Meeting, Public Hearing and Workshop Meeting of City
Council held on October 24, 2005.
B. Council to consider awarding bid to ERF Wireless in the amount of $ 46, 712 to furnish and install
security cameras at water plant sites, and authorize a contingency of $3, 888.00.
C. Council to consider awarding bid for Street Material in the amount not to exceed $40,000.00
D. Council to consider awarding bid for Hot Mix Asphalt - Type D in the amount of $42,000.00
E. Council to consider approval of an ordinance authorizing the City to enter into an Industrial District
Agreement and an ordinance authorizing the City to execute a Water Service Agreement with Matheson Tri-
Gas, Inc.
F. Council to consider approving an ordinance authorizing the City Manager to execute a contract with the
Association of Bayport Companies for the City of La Porte EMS Division.
City Council Regular and Workshop Meeting - November 14, 2005
Page 2
G. Council to consider approving an ordinance authorizing the City Manager to execute a contract with the
Port of Houston Authority for the City of La Porte EMS Division.
H. Council to consider ratifying receipt of and amendment of grant funds from CDBG through Harris
County for Northside Neighborhood North Second Street Project.
Motion was made by Council member Griffiths to approve the consent agenda as presented. Second by
Council member Ebow.
Motion carried.
Ayes: Mosteit, Moser, Clausen, Beasley, Griffiths, Engelken, Ebow and Mayor Porter.
Nays: None
Abstain: Engelken abstained on item 5A.
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING
TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA.
There were no citizens wishing to address Council.
7. Council to consider approval or other action regarding a resolution nominating Bill Harry, to serve as a member
of the Board of Directors of Harris County Appraisal District.
Assistant City Attorney Clark Askins read: RESOLUTION 2005-23 - A RESOLUTION NOMINATING BILL
HARRY TO SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF HARRIS COUNTY
APPRAISAL DISTRICT.
Motion was made bv Council member Engelken to approve Resolution No. 2005-23 as recommended by Mayor
Porter. Second by Council member Beasley. The motion carried.
Ayes: Mosteit, Moser, Clausen, Beasley, Ebow, Engelken, Griffiths and Mayor Porter
Nays: None
Abstain: None
8. Council to consider approving changes presented in Ordinance 2005-2802-A.
Chief of Police Richard Reff presented summary and recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read: AN ORDINANCE AMENDING CHAPTER 70 OF THE CODE OF
ORDINANCES BY AMENDING ARTICLE I, SECTION 70-1 "DEFINITIONS"; ARTICLE III, SECTION 70-
75 "RESTRICTIONS AND PROHIBITIONS ON LOCATION AND USE OF MOTOR -ASSISTED
SCOOTERS" AND SECTION 70-76 "PENAL TIES"; RELATING TO THE USE AND OPERATION OF
MOTOR ASSISTED BY REGULATING THE OPERATION OF MOTOR ASSISTED SCOOTERS ON
CERTAIN PATHS, TRAILS, SIDEWALKS, ALLEYS, STREETS AND HIGHWAYS; PROHIBITING THEIR
USE DURING NIGHTTIME HOURS; REQUIRING THE OPERA TOR OF A MOTOR ASSISTED SCOOTER
BE 16 YEARS OF AGE OR OLDER; 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 BE FINED IN ANY SUM NOT MORE THAN FIVE
HUNDRED DOLLARS ($500.00); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;
CONTAINED A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Griffiths to approve Ordinance 2005-2802A as recommended bv Mr. Reff.
Second by Council member Clausen. The motion carried.
City Council Regular and Workshop Meeting - November 14, 2005
Page 3
Ayes: Mosteit, Moser, Clausen, Beasley, Ebow, Engelken, Griffiths and Mayor Porter
Nays: None
Abstain: None
Item 10 was taken on and voted on before item 9.
10. Council to consider approval or other action regarding a resolution declaring intention to reimburse certain
expenditures with borrowing proceeds.
Finance Director Cynthia Alexander presented summary and recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read: RESOLUTION 2005-24 - A RESOLUTION DECLARING
INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS.
Motion was made by Council member Griffiths to approve the Resolution 2005-24 as presented by Ms.
Alexander. Second by Council member Engelken. The motion carried
Ayes: Mosteit, Moser, Clausen, Beasley, Ebow, Engelken, Griffiths and Mayor Porter
Nays: None
Abstain: None
9. Council to consider approval of an agreement between the City of La Porte and Hale-Mills Construction, Ltd. For
the design build of the La Porte Police Facility for a lump sum price of $9,694,315; with a 2% contingency of
$193,886 for a total authorization of$9,888,201 or approval of an agreement between the City of La Porte and
Hale-Mills Construction, Ltd. For the design-build of the La Porte Police Facility, increasing the design wind
loading to 150 mph, for a lump sum price of$9,991,758, with a 2% contingency of$199,835, for a total
authorization of$10,191,593.
Director of Public Works Steve Gillett presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2005-2856 - CONSIDER APPROVAL OR OTHER
ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF LA PORTE AND HALE-MILLS CONSTRUCTION, LTD., INCREASING THE
DESIGN WIND LOADING TO 150 MPH, APPROPRIATING NOT TO EXCEED $9,991,758.00 PLUS A
CONTINGENCY OF $199,835.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Moser to approve ordinance 2005-2856, increasing design wind to 150
mph, as presented by Mr. Gillett. Second by Council member Beasley. The motion carried
Ayes: Mosteit, Moser, Clausen, Beasley, Ebow, Engelken, Griffiths and Mayor Porter
Nays: None
Abstain: None
11. Council to consider cancellation of November 28, 2005 and December 26, 2005 Regular Called City Council
Meetings
Motion was made by Councilmember Clausen to cancelled the November 28, 2005 and December 26, 2005
Regular Called City Council Meetings as presented by Mayor Porter. Second by Council member Moser.
12. Close Regular Meeting and Open Workshop at 6:42 p.m.
City Council Regular and Workshop Meeting - November 14,2005
Page 4
A. MIS Manger Al Owens discussed the City's Network Fiber Connections.
It was the consensus of Council for the staff to move forward with this project.
Councilmember Engleken left the meeting at 7:20 p.m.
B. Human Resources Manager discussed the Employee and Retiree Health Care Plan.
13. Closed Workshop meeting and reconvened Regular Meeting at 7:36 p.m.
14. Administrative Reports
City Manager Debra Feazelle reminded council of the Chamber Luncheon on November 16,2005 at the Houston
Yacht Club at 11:45 am, La Porte Police Association Golf Tournament November 17,2005 at Bay Forest at 7:00
am, Thanksgiving Holiday Observed, November 24 - 25,2005, Christmas on Main Street December 1,2005 at
5:30 pm, the National League of Cities Conference in Charlotte North Carolina December 6-10,2005 the
Employee Holiday Party December 9, 2005 at Sylvan Beach Pavilion at 6:00 pm, the Community Appreciation
Dinner for relief efforts on Hurricane Rita and Katrina Sponsored by Mayor and City Council and Emergency
Operation Center December 12,2005 at the Senior Center at 5:30 pm and the December 12,2005 City Council
Meeting to begin at 7:00 pm.
In addition, Ms. Feazelle advised Council of the following:
A press release will be sent to the media regarding item 8 to let the public be aware before they purchase a motor
assisted scooter.
As of today, 182 employees have attended a grass roots luncheon with the City Manager.
Main Street Coordinator Debra Dye is working on HGTV's grants.
The Thanksgiving lunch for City Hall will be held Thursday, November 17, 2005 in the Council Chambers from
11 :00 a.m. - 1 :00 p.m. She encouraged Mayor and Council to attend.
The automated Meter Reading program was kicked off today.
There will be a "Red Suspenders" breakfast on November 29th, at the Senior Services Center.
15. Council Comments
Ebow, Mosteit, Clausen, Moser, Beasley, Griffiths and Mayor Porter had comments.
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)
551.071- (PENDING/CONTEMPLATED LITIGATION) - DISCUSS PENDING/POTENTIAL LITIGATION
WITH CITY ATTORNEY AND CITY MANAGER
WASTEWATER ISSUE - EP A PERMITTING AND ENGINEERING REPORT - S. Gillett
PLANNING ISSUE - GARFIELD APARTMENTS - W. Sabo
City Council Regular and Workshop Meeting - November 14, 2005
Page 5
ZONING - ENFORCEMENT ISSUES - W. Sabo
POLICE/RISK MANAGEMENT ISSUE - LAW ENFORCEMENT LIABILITY CLAIM - R. Reff/R. Swanagan
551.072 - (LAND ACQUISITION) - MEET WITH CITY ATTORNEY AND CITY MANAGER FOR THE
PURPOSE OF DELIBERATING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY
REGARDING A DRAINAGE PROJECT - COLVIN TRUST - W. Sabo
551.087 - (ECONOMIC DEVELOPMENT) - MEET WITH CITY ATTORNEY AND CITY MANAGER FOR
THE PURPOSE OF DISCUSSING PROJECT ISP
ADDENDUM ITEM
551-087 - MEET WITH CITY MANAGER AND CITY ATTORNEY TO DISCUSS FOR THE PURPOSE OF
DISCUSSING PROJECT FIX-IT
Council retired to Executive Session at 7:48 p.m.
There was no action taken during Executive Session.
Councilmember Chuck Engelken returned to the meeting and joined the Executive Session at 8:07 p.m.
17. Council returned to the table at 9:50 p.m. and there was not action taken.
18. There being no further business to come before Council, the Regular Meeting was duly adjourned at 9:51 p.m.
ResRectfully submitte~)/
0rI(h rA~ (?\/..-azt
Martha Gilrett: TRMC, CMC
City Secretary
PU;:i~:;:::December 2005
Mayor Alton E.Porter
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 12, 2005
Bude:et
Requested By: K. Powell
Source of Funds: N/ A
Department: Finance
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Ordinance 2000-IDA-18-A
Amount Requested:
Exhibits:
Ordinance 2000-IDA-18-B
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
For many years Akzo Nobel Chemicals, Inc has operated a chemical plant on 99.97 acres ofland
at 13000 Bay Park Road in the La Porte Industrial District. The City has had a signed Industrial
District Agreement with Akzo Nobel Chemicals, Inc for all ofthis time and has been receiving
annual in-lieu payments on the entire facility from Akzo.
Akzo Nobel Chemicals, Inc sold 53.409 acres of this land to Albemarle Catalyst and company
representatives have requested that acreage from the plant site to be set up and carried on a
separate contract 2000-IDA-18-B. The remaining 46.591 acres will be carried on 2000-IDA-18-
A under the name of Akzo Nobel Polymer Chemicals, LLC.
Action Required bv Council:
Approve Ordinance 2000-IDA-18-A: Akzo Nobel Polymer Chemicals, LLC Industrial District
Agreement.
Approve Ordinance 2000-IDA-18-B: Albemarle Catalyst Co., LP Industrial District Agreement
Approved for City Council Ae:enda
1/ -/& -D 5
Date
Debra/>. Feazelle, City Man
ORDINANCE NO. 2000-IDA-18A
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH AKZO NOBEL CHEMICALS, INC.,
FOR THE TERM COMMENCING JANUARY 1, 2005, AND ENDING DECEMBER 31,
2007, 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.
AKZO NOBEL CHEMICALS, INC. has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 2005, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the city of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
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 12th day of December, 2005.
CITY OF LA PORTE
~~~
Alton E. Porter
By:
ATTEST:
~ IltMdo r/!ttj/
Mart a A. Gillett
City Secretary
Knox W. Askins,
City Attorney
2
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Aoorooriation
Agenda Date Requested: December 12. 2005
ReqUestedBY:~
Department: Plannin2
Source of Fonds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES -X...NO
SUMMARY & RECOMMENDATION
On October 3, 2005, City Council passed, approved and entered into a Master Agreement
(Ordinance 2846) and passed, approved and entered into a Resolution ofIntent (2005-19) with C.
Berdon Lawrence, La Porte Vista Baywood, Ltd. and the 1982 Charles Berdon Lawrence, Jr. Trust
to vacate, abandon and close multiple rights-of-way. Staff is presenting an ordinance to close the
alleys of Blocks 1218 and 1255, Town of La Porte, as the flfSt of three closings contained within
the Master Agreement and Resolution of intent.
In reviewing the application, the Public Works Department has indicated that no existing City
utilities are located within the subject alleys. Additionally, each of the City's franchised utility
companies (i.e. Centerpoint Energy, SBC & Time Warner Communication) has received
notification of the closing and has submitted letters of no objection.
Recommendation:
Staff recommends that City Council authorize vacating, abandoning, and closing the alleys in
Blocks 1218 and 1255, Town of La Porte as referenced within the Master Agreement (Ordinance
2846) and Resolution 2005-19.
Action Reauired of Council:
Consider approval of ordinance to vacate, abandon, and close the alleys in Blocks 1218 and 1255,
Town of La Porte.
Approved for City Council Agenda
(d. -{p -0 S
Date
~Z51
ORDINANCE NO. 2005-
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS
IN BLOCKS 1218 & 1255, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the
record owner of all of the property abutting the hereinafter described alleys in Blocks
1218 & 1255, Town of La Porte, Harris County, Texas; to vacate, abandon, and
permanently close the hereinafter described alleys in Blocks 1218 & 1255, Town of La
Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has determined and does
hereby find, determine, and declare that the hereinafter described alleys of Blocks 1218
& 1255, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to
the public as a public road, street, or alley, and the closing of hereinafter described alleys
of Blocks 1218 & 1255, Town of La Porte, Harris County, Texas, is for the protection of
the public and for the public interest and benefit, and that the hereinafter described alleys
of Blocks 1218 & 1255, Town of La Porte, Harris County, Texas, should be vacated,
abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Under and by virtue of the power granted to the City of La Porte under its
home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the
hereinafter described alleys of Blocks 1218 & 1255, Town of La Porte, Harris County,
Ordinance No. 2005
2
Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to
wit:
The entire alley of Block 1218, Town of La Porte, Harris County, Texas. Said alley
being situated between Lots 1 through 16 and Lots 17 through 32 of said block, and
containing six thousand four hundred (6,400) square feet as generally illustrated on
Exhibit "A" attached hereto and made part of herein.
The entire alley of Block 1255, Town of La Porte, Harris County, Texas. Said alley
being situated between Lots 1 through 16 and Lots 17 through 32 of said block, and
containing six thousand four hundred (6,400) square feet as generally illustrated on
Exhibit "A" attached hereto and made part of 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
Ordinance No. 2005
3
PASSED AND APPROVED, TIDS /fI!-DAY OF .fJe.c.emlYf, 2005
CITY OF LA PORTE
By ~~X~
Alton E. Porter, Mayor
ATTEST:
~Iliffi~ ~
Martha GIllett, CIty Secretary
APP~zd ~
Knox W. Askins, City Attorney
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
A~~. fate Re~ueste~: 12-12-05
/IC .;;~U~~ l"'fJi.-
~equeSfed By: Richard R Reff
Budl!et
Source of Funds:
Department: City CQ11ndl
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance 2003-2644-A
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
The City Staff completed a Domestic Preparedness Assessment in 2003 which allowed the City
of La Porte to be eligible to receive funds from State Homeland Security Grant Programs.
The State Homeland Security Grant Programs were initially established to be administered by
the Texas Engineering Extension Service (TEEXS) in which they would be issuing sub-recipient
awards to the City of La Porte. Ordinance 203-2644 was passed by the Council, signed on July
28th, 2003, authorizing the City Manager to sign the sub-recipient awards.
This ordinance change is an update as TEEXS will not be administering the State Homeland
Security Grant Programs. The Governor's Division of Emergency Management (GDEM) will
now be administering the programs and be issuing the sub-recipient awards.
Action Required bv Council:
Authorize the City Manager to sign sub-recipient agreements to receive grant funds from the
Governor's Division of Emergency Management.
Approved for City Council A2enda
~te~f.}jj0
Id-5 -{)5
Date
ORD INANCE NO. 2 005 - ci... (p Lj l/ - It
AN ORDINANCE APPROVING AND AUTHORIZING THE CITY OF LA PORTE TO
PARTICIPATE IN THE STATE HOMELAND SECURITY GRANT PROGRAMS CURRENTLY
ADMINISTERED BY THE GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT,
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 authorizes
the City of La Porte's participation in the state Homeland Security
Grant Programs as described in the title of this ordinance. The
City Manager is hereby authorized to execute all related documents
on behalf of the city of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affix the seal
of the City to all such documents.
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 12th day of December, 2005
By:
C~{~~
Alton E. Porter, Mayor
ATTEST:
7fl !1A:Iiii. /if /J/
Mar a . Gillett
city Secretary
APPROVED:
~7~~
Clark T. Askins
City Attorney
2
MOTOROLA AGENT
DON DEMORAN 713-269-2501
Authorized Dealer
RADIO COMMUNICATIONS PROPOSAL
CUSTOMER: LAPORTE POLICE DEPT.
Attn: CHIEF RICHARD REFF
Phone: 281-471-3811
FAX: 281-470-1590
DATE: November 18, 2005
E-Mail: reffr@Iaportetx.qov
Item# MOdel Number ;\i ".,' " i>.,'DescriptiOili .....' ,.' ,.>', . .....Qty . ",' Hgac Price Total
: ....'>
1 H46UCF9PW6-N XTS2500 MOD.II PORTABLE (LlM.KEYPAD) 96 $2,498.80 $239,884.80
WITH H223 (FM battery) Promo Packaae(-$300.00)
2 NTN1873 RAPID RATE IMPRESS SMART CHARGER 96 $132.00 $12,672.00
3 NMN6191 NOISE CANCELLING SPEAKER MIC 97 $77.40 $7,507.80
4 WPLN4108 MULTI UNIT CHARGER FOR XTS5000 4 $630.40 $2,521.60
5 NTN9816 1525 MAH NICAD FM SA TTERY 78 $96.00 $7,488.00
6 M20URS9PW1-N, XTL5000 ASTRO DIGITAL MOBILE 764-870 49 $3,558.83 $174,382.67
New 05 head, dash mount with ext.speaker
Promo Packaae(-$400.00)
7 ADD WEATHERPROOF XTL5000 MOTORCYCLE RADIO 2 $4,939.96 $9,879.92
HOUSING/REMOTE MT.
8 L20URS9PW1-N,G806 2 $5,094.86 $10,189.72
G51,G114,G80,L 146
L 113,G24,G361
* All radios above are Smartzone, CAI operation
DiqitallD, with 2 yr extended warranty.
Proposal Prepared By DON DEMORAN
(713)269-2501 Equipment TTl $464,526.51
Installation
Terms NET 30 DAYS Hgac Fee 1.5% $6,967.90
Sub Total $471,494.41
p"r Shipping ALLOW
'28/- f 9tJ - O,yfS- Price is Valid for 60 Days Taxes EXEMPT
Total $471,494.41
1
----.--
----------
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By: C nthia Alexander
Source of Funds: N/A
Department: Finance
Account Number: N/A
Report:
Resolution: X Ordinance:
Amount Budgeted: Nt A
Exhibits: Resolution Amending Authorized
Amount Requested: N/t1.
Representatives of the City of La Porte
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
The Public Funds Investment Act (PFIA) of 1987 requires that governing bodies designate by rule, order,
ordinance, or resolution, as appropriate, one or more officers or employees of the entity to be responsible for
the investment of its funds consistent with the investment policy adopted by the entity.
The City of La Porte currently recognizes the Assistant City Manager, Assistant Finance Director, and
Budget/Investment Officer as Investment Officers. Because our Budget/Investment Officer will be out for a
period of time from February through April, we need to amend previous resolutions authorizing
representatives to add another Authorized Representative to perform these duties in her absence. During this
period, the Accountant will perform transactions for the City of La Porte with the three investment pools,
TEXPOOL, LOGIC and TexStar.
This individual has received the required training as mandated by the PFIA.
Along with the Resolution to Amend Authorized Representatives required by TexPool, the required forms
for LOGIC and TexST AR are included.
Action Required bv Council:
Approval of Resolution Amending Authorized Representatives.
Approved for City Council Ae:enda
)J. -~- -() <S
Date
RESOLUTION 05-~
A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES TO THE TEXAS
LOCAL GOVERNMENT INVESTMENT POOL ("TEXPOOL") FOR THE CITY OF LA PORTE,
TEXAS; MAKING CERTAIN FINDINGS; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEROF.
WHEREAS, The City of La Porte, 77670 (Participant) is a local government of the State of
Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to
act as custodian of investments purchased with local investment funds; and
WHEREAS, it is in the best interest of the Participant to invest local funds in investments that
provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds
Investment Act; and
WHEREAS, the Texas Local Government Investment Pool ("TEXPOOL"), a public funds
investment pool, was created on behalf of entities whose investment objective in order of priority are
preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. That the individuals, whose signatures appear below, are Authorized
Representatives of the Participant and are each hereby authorized to transmit funds for investment in
TEXPOOL and are each further authorized to withdraw funds from time to time, to issue letters of
instruction, and to take all other actions deemed necessary or appropriate for the investment of local
funds.
SECTION 2. That an Authorized Representative of the Participant may be deleted by a
written instrument signed by all remaining Authorized Representatives provided that the deleted
Authorized Representative (1) is assigned job duties that no longer require access to the Participant's
TEXPOOL account or (2) in no longer employed by the Participant; and
SECTION 3. That the participant may by Amending Resolution signed by the Participant add
an Authorized Representative provided the additional Authorized Representative is an officer, employee,
or agent of the Participant;
SECTION 4. Following is a list of the Authorized Representatives of the Participant. These
individuals will be issued P.I.N. numbers.
Name: Cynthia Alexander
Signature
Name: Michael Dolby
Signature
Name: Shelley Wolny
Signature
Name: Lori Langelier
~ Tit e: Assistant Finance Director
11 4. ~'
I Title: udget/Investment Officer
~W~
Title: Accountant
cj;'- -~7 , I
Signature i % f'-.. / ,f({ ,1~1{ " ilL\.-i
\..J '-.~
The Authorized Representative with primary responsibility for performing transactions and receiving
confirmations and monthly statements under the Participation Agreement is Shelley Wolny.
SECTION 5. The City Council officially finds, determines, recites and declares that sufficient
written notice of the date, hour, place and subject of this meeting of the City Council was posted at a
place convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
SECTION 6. Additionally, this resolution and its authorization shall continue in full force and
effect until amended or revoked by the Participant, and until TEXPOOL receives a copy of any such
amendment or revocation.
PASSED, APPROVED AND RESOLVED this the 12th day of December 2005.
CITY OF LA PORTE, TEXAS
~. CD
By: Ulli:.--L~ \ ~-
Alton Porter, Mayor
ATTEST:
By: In;dtt/Jd,/sf/-td
Martha Gillett
City Secretary
APPROVED:
'I
d/!
BY:~~ .~
Knox Askins
City Attorney
LOGIC
ADDITION/DELETION FORM FOR AUTHORIZED REPRESENTATIVES
TAX 10 NUMBER: 74-6001552
EFFECTIVE DATE: December 12, 2005
PARTICIPANT NAME: City of La Porte
PART I: DELETIONS - Please enter the names of the individual{s) to be
Representatives.
as Authorized
PRINTED NAME PRINTED NAME
1.
3.
Inquiry Only Representative*
2.
PART II: ADDITIONS - Please enter the names of the individua\{s) to be
Representatives.
as Authorized
Lori Langelier
Accountant
PART III: APPROVALS - Please enter the names of individuals who are currently Authorized
Representatives and who authorize the deletions and additions of the individuals above.
Cynthia Alexander
Assistant City Manager
Michael Dolby
Shelley Wolny
Assistant Director of Finance
Budget/Investment Officer
Page 1
LOGIC
PART IV: PRIMARY CONTACT - If the Primary Contact on file with LOGIC was deleted in Part I of
this form, please provide the name of the Authorized Representative that will be the Primary
Contact. The Primary Contact is the individual who will receive the daily transaction confirmations,
monthly statements, monthly newsletter, LOGIC Updates and other LOGIC mailings. [required]
Name:
Email Address:
Phone Number:
PART V: INQUIRY ONLY - If an Inquiry Only Representative was deleted in Part I and you wish to
replace this representative or add an inquiry only representative to your LOGIC account for the first
time, please list this individual below. This limited representative cannot make deposits or
withdrawals or sign Bank Information Sheets. [optional]
PRINTED NAME TITLE SIGNATURE
If you have any questions regarding this form or the Authorized Representatives currently
on file with LOGIC for your entity, please contact LOGIC Participant Services
at 1-800-895-6442.
Page 2
ADDITION/DELETION FORM FOR AUTHORIZED REPRESENTATIVES
LOCATION NUMBER: 25508
EFFECTIVE DATE: 12/12/2005
PARTICIPANT NAME: City of La Porte
PART I: DELETIONS - Please enter the names of the individual(s) to be
Representatives.
. as Authorized
PRINTED NAME PRINTED NAME
1.
3.
Inquiry Only Representative*
2.
PART II: ADDITIONS - Please enter the names of the individual(s) to be
Representatives.
as Authorized
Lori Langelier
Accountant
PART III: APPROVALS - Please enter the names of //individuals who are currently Authorized
Representatives and who authorize the deletions and additions of the individuals above.
Cynthia Alexander
Assistant City Manager
Michael Dolby
Assistant Director of Finance
Shelley Wolny
Budget/Investment Officer
TexST AR.Jf,
ADDITION/DELETION FORM FOR AUTHORIZED REPRESENTATIVES
PART IV: PRIMARY CONTACT - If the Primary Contact on file with TexSTAR was deleted in Part I
of this form, please provide the name of the Authorized Representative that will be the Primary
Contact. The Primary Contact is the individual who will receive the daily transaction confirmations,
monthly statements, monthly newsletter, T exST AR Updates and other T exST AR mailings. [required]
Name:
Email Address:
Phone Number:
PART V: INQUIRY ONLY - If an Inquiry Only Representative was deleted in Part I and you wish to
replace this representative or add an inquiry only representative to your T exST AR account for the
first time, please list this individual below. This limited representative cannot make deposits or
withdrawals or sign Bank Information Sheets. [optional]
PRINTED NAME TITLE SIGNATURE
If you have any questions regarding this form or the Authorized Representatives currently
on file with TexSTAR for your entity, please contact TexSTAR Participant Services
at 1-800-839-7827.
Page 2
J
REQUEST FOR CITY COUNCIL AGENDA ITEM
I
Bude:et
Agenda Date Requested: December 12. 2005
Requested By: Michllel Dolhy r
Source of Funds:
N/A
Department:
FiQ.a~e
Account Number:
Report: Resolution:
~b5t
Ordinance: xx
Amount Budgeted:
Exhibits:
Bond Attorney Opinion Letter
Amount ReqUeLJ...
Budgeted ltem~ NO
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
On September 12, 2005, City Council approved an Inter-local Agreement with City of Pearland and Hughes
Supply, Inc. for Water Meter Change-out & Retrofit Program and New Meter Supply Contract. Staff was also
directed to research financing options and we have determined that a private placement would be the best option to
finance this project. We currently have an offer from Wachovia Bank for a loan of $2,625,000 dollars at 3.74%
interest rate for a ten year term.
Action Reauired bv Council: No action required
Approve the $2,625,000 Public Property Finance Contractual Obligation, Series 2006 with Wachovia Bank.
Approved for City Council Aeenda
~,lM,OJJk~a~
ebra Feazelle
/:)-~--DS-
Date
CERTIFICATE FOR ORDINANCE
THE STATE OF TEXAS
COUNT Y OF HARRIS
CITY OF LA PORTE
9
9
9
We, the undersigned officers of the City of La Porte, Texas (the "City"), hereby certify as
follows:
1. The City Council of the City convened in a regular meeting on December 12,2005, at
the regular meeting place thereof, within the City, and the roll was called of the duly constituted
officers and members of the City Council, to wit:
Alton E. Porter
Peter Griffiths
Barry Beasley
Mike Mosteit
Chuck Engelken
Howard Ebow
Tommy Moser
Louis Rigby
Mike Clausen
Mayor
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
and all of such persons were present except J'eJe ( e ('\ {")\ #5 , thus
constituting a quorum. Whereupon, among other business, the following was transacted at said
meeting: a written
ORDINANCE AUTHORIZING AND ORDERING THE ISSUANCE OF CITY
OF LA PORTE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL
OBLIGATIONS, SERIES 2006; AND CONTAINING OTHER MATTERS
INCIDENT THERETO
(the "Ordinance") was duly introduced for the consideration of the City Council. It was then duly
moved and seconded that the Ordinance be adopted; and, after due discussion, such motion,
carrying with it the adoption of the Ordinance, prevailed and carried by the following vote:
AYES: <3
NAYS: D
ABSTENTIONS: D
2. That a true, full and correct copy of the Ordinance adopted at the meeting described
in the above and foregoing paragraph is attached to and follows this certificate; that the
Ordinance has been duly recorded in the City Council's minutes of such meeting; that the above
and foregoing paragraph is a true, full and correct excerpt from the City Council's minutes of
such meeting pertaining to the adoption of the Ordinance; that the persons named in the above
and foregoing paragraph are the duly chosen, qualified and acting officers and members of the
City Council as indicated therein; that each of the officers and members of the City Council was
du1y and sufficiently notified officially and personally, in advance, of the date, hour, place and
subject of the aforesaid meeting, and that the Ordinance wou1d be introduced and considered for
HOU:2525723.1
adoption at such meeting, and each of such officers and members consented, in advance, to the
holding of such meeting for such purpose; that such meeting was open to the public as required
by law; and that public notice of the date, hour, place and subject of such meeting was given as
required by the Open Meetings Law, Chapter 551, Texas Government Code.
SIGNED AND SEALED this December ~005.
~ .
lJ)1~a~
City Se retary
City of La Porte, Texas
(SEAL)
S-l
HOU:2525723.1
ORDINANCE AUTHORIZING ISSUANCE OF
CITY OF LA PORTE, TEXAS,
PUBLIC PROPERTY FINANCE
CONTRACTUAL OBLIGATIONS, SERIES 2006
Dated December 12, 2005
HOU:2516661.4
TABLE OF CONTENTS
ARTICLE I FINDINGS AND DETERMINA TIONS.....................................................................1
Section 1.1: Findings and Determinations ...................................................................... 1
ARTICLE II DEFINITIONS AND INTERPRETATIONS ............................................................1
Section 2.1 : Definitions................................................................................................... 1
Section 2.2: Interpretations............................................................................................. 3
ARTICLE III TERMS OF THE OBLIGA TIONS...........................................................................3
Section 3.1:
Section 3.2:
Section 3.3:
Section 3.4:
Section 3.5:
Section 3.6:
Section 3.7:
Section 3.8:
Section 3.9:
Section 3.10:
Amount. Purpose and Authorization........................................................... 3
Designation. Date and Interest Payment Dates........................................... 3
Numbers. Denomination. Interest Rates and Maturities............................. 4
Redemption Prior to Maturity ...... ............ ...... ............................................. 4
Manner of Payment. Characteristics. Execution and Authentication ......... 4
Authentication............................................................................................. 7
Ownership ......... ...... ........ ................... ... ... ........ .............. ........ ... .................. 7
Registration. Transfer and Exchange ............ ............................. ................. 7
Replacement Obligations .............................. .......... .................................... 8
Cancellation.... ............................................................................................ 9
ARTICLE IV FORM OF OBLIGATIONS ...................................... ............ ............ ...... ..... ........ ....9
ARTICLE V SECURITY FOR THE OBLIGATIONS...................................................................9
Section 5.1: Pledge and Levy of Taxes........................................................................... 9
Section 5.2: Debt Service Fund.... ........................ .................... ............. ........................ 10
Section 5.3: Construction Fund............ ................ ................ .... ........... .......... ................ 10
Section 5.4: Further Proceedings.................................................................................. 10
ARTICLE VI CONCERNING THE PAYING AGENT/REGISTRAR .......................................11
Section 6.1: Acceptance ................................................................................................ 11
Section 6.2: Trust Funds ............ .......... ...... ........................ ....... .................................... 11
Section 6.3: Obligations Presented ............................................................................... 11
Section 6.4: Unclaimed Funds Held bv the Paying Agent/Registrar ............................ 11
Section 6.5: Paving Agent/Registrar May Own Obligations ........................................ 12
Section 6.6: Successor Paving Agents/Registrars......................................................... 12
ARTICLE VII PROVISIONS CONCERNING SALE AND APPLICATION OF
PROCEEDS OF OBLIGATIONS ...................... ............ .......................... ................ ...... ...12
Section 7.1: Sale of Obligations; Insurance ............. ............................. ............. ........... 12
Section 7.2: Approval. Registration and Delivery ........................................................ 12
Section 7.3: Application of Proceeds of Obligations; Appropriation ........................... 12
Section 7.4: Tax Exemption............... ............. .......................... ........ ...... ........ .............. 13
Section 7.5: Qualified Tax-Exempt Obligations........................................................... 15
Section 7.6: Related Matters..... .......................... ............................ ............ .................. 16
ARTICLE VIII COVENANTS...................... .... ........ .............................................. .................... .16
Section 8.1: Financial Reporting. ............... ............. ..... ........................... ...... .......... ...... 16
HOU:2516661.4
1
Section 8.2: Determination of T axabilitv...................................................................... 16
ARTICLE IX MISCELLANEOUS ....... ........................................ ..................... ..... ..... ..... .......... .17
Section 9.1 :
Section 9.2:
Section 9.3:
Section 9.4:
Section 9.5:
Section 9.6:
Section 9.7:
Section 9.8:
Section 9.9:
Section 9.10:
HOU :2516661.4
Defeasance.......... ...................................................................................... 17
Ordinance a Contract - Amendments........................................................ 17
Legal Holidays.......................................................................................... 18
No Recourse Against City Officials ......................................................... 18
Further Proceedings ................... .................. ............ ....... .......................... 18
Power to Revise Form of Documents ....................................................... 18
Severability ........... .............. ................. ..................................................... 18
Open Meeting................................................ ....... ........ ........... ...... ..... ....... 19
Repealer.............. ...................................................................................... 19
Effective Date. ........ ....... ........ ......... ...... ........ .................... ........... ... .......... 19
11
ORDINANCE AUTHORIZING AND ORDERING THE ISSUANCE OF CITY
OF LA PORTE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL
OBLIGATIONS, SERIES 2006; AND CONTAINING OTHER MATTERS
INCIDENT THERETO
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
ARTICLE I
FINDINGS AND DETERMINATIONS
Section 1.1: Findings and Determinations. The City Council hereby officially finds and
determines that:
(a) The City of La Porte, Texas (the "City"), acting through its City Council, is
authorized by its Home Rule Charter and the Constitution and laws of the State of
Texas, particularly the Public Property Finance Act, Chapter 271, Subchapter A,
Texas Local Government Code, as amended (the "Act"), to execute, perform and
make payments under contracts with any person for the use, purchase or other
acquisition of personal property, or the financing thereof, as described in the Act;
(b) The Act permits the City Council of the City to execute contracts in any form
deemed appropriate by the City Council in connection with the use, purchase or
other acquisition of personal property;
(c) The City Council of the City desires to purchase personal property, described in
Exhibit A attached hereto, or such other personal property, appliances, equipment,
facilities, furnishings or interests therein, whether movable or fixed, deemed by
the City Council to be necessary, useful and/or appropriate for the purposes of the
City; and
(d) The City Council of the City is of the opinion and hereby affirmatively finds that
it is in the best interests of the City to adopt this Ordinance and issue the
obligations herein authorized as permitted by the Act.
ARTICLE II
DEFINITIONS AND INTERPRETATIONS
Section 2.1: Definitions. As used herein, the following terms shall have the meanings
specified, unless the context clearly indicates otherwise:
"Act" shall mean Chapter 271, Subchapter A, Texas Local Government Code, as
amended.
HOU:2516661.4
"Attorney General" shall mean the Attorney General of the State of Texas.
"Authorized Denomination" shall mean $100,000 and any integral multiple of $5,000 in
excess thereof.
"City" shall mean the City of La Porte, Texas and, where appropriate, its City Council.
"City Council" shall mean the governing body of the City.
"Code" shall mean the Internal Revenue Code of 1986, as amended.
"Comptroller" shall mean the Comptroller of Public Accounts of the State of Texas.
"Construction Fund" shall mean the Public Property Finance Contractual Obligations,
Series 2006 Construction Fund established by the City and described in section 5.3 of this
Ordinance.
"Debt Service Fund" shall mean the Public Property Finance Contractual Obligations,
Series 2006 Debt Service Fund established by the City and described in section 5.2 of this
Ordinance.
"Fiscal Year" shall mean the City's then designated fiscal year, which currently is the
twelve-month period beginning on the first day of October of a calendar year and ending on the
last day of September of the next succeeding calendar year and each such period may be
designated with the number of the calendar year in which such period ends.
"Interest Payment Date," when used in connection with any Obligation, shall mean July
25, 2006, and each January 25 and July 25 thereafter until maturity or earlier redemption of such
Obligation.
"Issuance Date" shall mean the date on which the Obligations are delivered to and paid
for by the Purchaser.
"Obligation" or "Obligations" shall mean any or all of the City of La Porte, Texas, Public
Property Finance Contractual Obligations, Series 2006, authorized by this Ordinance.
"Ordinance" shall mean this Ordinance and all amendments hereof and supplements
hereto.
"Outstanding," when used with reference to the Obligations, shall mean, as of a particular
date, all Obligations theretofore and thereupon delivered pursuant to this Ordinance except:
(a) any Obligations canceled by or on behalf of the City at or before such date; (b) any
Obligations defeased pursuant to the defeasance provisions of this Ordinance or otherwise
defeased as permitted by applicable law; and (c) any Obligations in lieu of or in substitution for
which a replacement Obligation shall have been delivered pursuant to this Ordinance.
"Paying AgentJRegistrar" shall mean Wachovia Bank, National Association, Austin,
Texas, and its successors in that capacity.
2
HOU:2516661.4
"Paying Agent/Registrar Agreement" shall mean the agreement between the City and the
Paying Agent/Registrar as described more particularly in Section 6.1 hereof.
"Record Date" shall mean the close of business on the tenth day of the month next
preceding the applicable Interest Payment Date.
"Register" shall mean the registration books for the Obligations kept by the Paying
Agent/Registrar in which are maintained the names and addresses of, and the principal amounts
registered to, each Registered Owner of Obligations.
"Registered Owner" shall mean the person or entity in whose name any Obligation is
registered in the Register.
"Purchaser" shall mean Wachovia Bank, National Association.
Section 2.2: Interpretations. All terms defined herein and all pronouns used in this
Ordinance shall be deemed to apply equally to singular and plural and to all genders. The titles
and headings of the articles and sections of this Ordinance have been inserted for convenience of
reference only and are not to be considered a part hereof and shall not in any way modify or
restrict any of the terms or provisions hereof. This Ordinance and all the terms and provisions
hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the
validity of the Obligations and the validity of the levy of ad valorem taxes to pay the principal of
and interest on the Obligations.
ARTICLE III
TERMS OF THE OBLIGATIONS
Section 3.1: Amount, Purpose and Authorization. The Obligations shall be issued in
fully registered form, without coupons, under and pursuant to the authority of the City's Home
Rule Charter and the Act in the total authorized aggregate principal amount of TWO MILLION
SIX HUNDRED TWENTY FIVE THOUSAND AND NOIlOO DOLLARS ($2,625,000) for the
purpose of paying (a) all or a portion of the City's contractual obligations to be incurred in
connection with the use, purchase or other acquisition of personal property, and (b) costs of
issuance of the Obligations, all in accordance with the provisions of the Act.
Section 3.2: Designation. Date and Interest Payment Dates. The Obligations shall be
designated as the "City of La Porte, Texas, Public Property Finance Contractual Obligations,
Series 2006," and shall be dated January 1,2006. The Obligations shall bear interest at the rates
set forth in Section 3.3 below, from the later of the Issuance Date, or the most recent Interest
Payment Date to which interest has been paid or duly provided for, calculated on the basis of a
360-day year of twelve 30-day months, payable on July 25, 2006, and each January 25 and July
25 thereafter until maturity or earlier redemption.
If interest on any Obligation is not paid on any Interest Payment Date and continues
unpaid for thirty (30) days thereafter, the Paying Agent/Registrar shall establish a new record
date for the payment of such interest, to be known as a Special Record Date. The Paying
AgentlRegistrar shall establish a Special Record Date when funds to make such interest payment
3
HOU:2516661.4
are received from or on behalf of the City. Such Special Record Date shall be fifteen (15) days
prior to the date fixed for payment of such past due interest, and notice of the date of payment
and the Special Record Date shall be sent by United States mail, first class, postage prepaid, not
later than five (5) days prior to the Special Record Date, to each affected Registered Owner as of
the close of business on the day prior to mailing of such notice.
Section 3.3: Numbers. Denomination. Interest Rates and Maturities.
(a) The Obligations shall be initially issued bearing the numbers, in the principal
amounts and bearing interest at the rates set forth in the following schedule, and may be
transferred and exchanged as set out in this Ordinance. The Obligations shall mature on January
25, 2016. Obligations delivered in transfer of or in exchange for other Obligations shall be
numbered in order of their authentication by the Paying Agent/Registrar, shall be in Authorized
Denominations and shall mature on the same date and bear interest at the same rate as the
Obligation or Obligations in lieu of which they are delivered.
Obligation
Number
R-I
Year of
Maturity
2016
Principal
Amount
$2,625,000
Interest
Rate
3.74%
(b) To the extent required by Section 8.2 of this Ordinance, and in addition to the
interest owed pursuant to Section 3.3(a) above, Obligations shall bear interest at a rate per
annum, not to exceed the maximum interest rate allowed by law (currently 15% per annum),
which will provide the holders of the Obligations with an after-tax yield (for federal income tax
purposes) equivalent to the tax-exempt yield (the "Tax-Exempt Yield") on the Obligations. The
Tax-Exempt Yield is the yield (exclusive of interest owed pursuant to Section 3.3(a) above) that
would have resulted to a holder of an Obligation if such Obligation had maintained its tax-
exempt status, taking into account all penalties, fines, interest and additions to federal income tax
imposed on a holder of an Obligation as a result of a determination of taxability.
Section 3.4: Redemption Prior to Maturity.
(a) The Obligations are subject to redemption prior to maturity (a "Break Event"), at
the option of the City, in whole or in part, on any date (each a "Break Date"), at par plus accrued
interest to the date fixed for redemption, plus a Breakage Fee, if any, defined and determined as
follows. For each Break Date, a Breakage Fee shall be due only if the rate under "A" below
exceeds the rate under "B" below and shall be determined as follows:
"Breakage Fee" = the Present Value of ((A-B) x C) + LIB OR Breakage, where:
A = A rate per annum equal to the sum of (i) the bond equivalent yield (bid side) of
the U.S. Treasury security with a maturity closest to the Maturity Date as reported by The Wall
Street Journal (or other published source) on November 2, 2005 ( the "Lock In Date"), plus (ii)
the corresponding interest rate swap spread of a Registered Owner on the Lock In Date for a
fixed rate payor to pay a Registered Owner the fixed rate side of an interest rate swap of that
maturity, plus (iii) .25%.
B = A rate per annum equal to the sum of (i) the bond equivalent yield (bid side) of the
4
HOU:2516661.4
U.S. Treasury security with a maturity closest to the Maturity Date as reported by The Wall
Street Journal (or other published source) on the Break Date, plus (ii) the corresponding swap
spread that a Registered Owner determines another swap dealer would quote to the Registered
Owner on the Break Date for paying to the Registered Owner the fixed rate side of an interest
rate swap of that maturity.
C = The sum of the products of (i) each Affected Principal Amount for each Affected
Principal Period, times (ii) the number of days in that Affected Principal Period divided by 360.
"Affected Principal Amount" for an Affected Principal Period is the principal amount of
the Obligations scheduled to be outstanding during that Affected Principal Period determined as
of the relevant Break Date before giving effect to the Break Event on that Break Date, and for
any prepayment, multiplying each such principal amount times the Prepayment Fraction.
"Affected Principal Period" is each period from and including a Scheduled Due Date to
but excluding the next succeeding Scheduled Due Date, provided that the first such period shall
begin on and includes the Break Date.
"Applicable Rate" is 3.74%, or such higher interest rate on the Obligations as may
permitted by Section 8.2 hereof.
"LIB OR Breakage" is any additional loss, cost or expense that Registered Owner may
incur with respect to any hedge for the Applicable Rate based on the difference between a
London interbank offered rate (for U.S. dollar deposits of the relevant maturity) available in the
London interbank market at the beginning of the interest period in which the Break Date occurs
and that which is available in that market on the Break Date.
"Maturity Date" is the date on which the final payment of principal of the Obligations
would, but for any Break Event, have become due.
"Prepayment Fraction" is a fraction equal to the principal amount being prepaid over the
principal amount of the Obligations outstanding immediately prior to that prepayment on the
Break Date.
"Present Value" is determined as of the Break Date using "B" above as the discount
rate.
"Scheduled Due Date" means the date that the principal of an Obligation subject to a
Break Event would, but for the Break Event, have become due, whether at maturity or pursuant
to the mandatory sinking fund redemption provisions described below.
Breakage Fees are payable as liquidated damages, are a reasonable pre-estimate of the
losses, costs and expenses a Registered Owner would incur in the event of any optional
redemption of the Obligations, are not a penalty, will not require claim for, or proof of, actual
damages, and a Registered Owner's determination thereof shall be conclusive and binding in the
absence of manifest error. For any Break Event hereunder, the foregoing Breakage Fee
provisions supersede any breakage compensation agreement that City and a Registered Owner
may have executed with respect to the Obligations.
5
HOU:2516661.4
(b) The Obligations are subject to mandatory sinking fund redemption in the
following amounts (subject to reduction as hereinafter provided), on the following dates, in each
case at a redemption price equal to the principal amount of the Obligations or the portions
thereof so called for redemption plus accrued interest to the date fixed for redemption:
Mandatory Redemption Dates
January 25, 2007
January 25, 2008
January 25,2009
January 25,2010
January 25,2011
January 25, 2012
January 25, 2013
January 25,2014
January 25, 2015
January 25,2016
Principal Amounts
$262,500
262,500
262,500
262,500
262,500
262,500
262,500
262,500
262,500
262,500
The particular Obligations to be redeemed shall be selected by the Registrar by lot or
other customary random selection method, on or before December 10 of each year immediately
preceding a mandatory redemption date. The principal amount of Obligations to be mandatorily
redeemed in each year shall be reduced by the principal amount of such Obligations that have
been optionally redeemed pursuant to subparagraph (a) above on or before December 10 of such
year and which have not been made the basis for a previous reduction.
(c) Obligations may be redeemed only in such amounts as will result in the
unredeemed balance of Obligations being outstanding in Authorized Denominations. Upon
presentation and surrender of any Obligation for redemption in part, the Paying AgentfRegistrar,
in accordance with the provisions of this Ordinance, shall authenticate and deliver in exchange
therefor an Obligation or Obligations of like maturity and interest rate in an aggregate principal
amount equal to the unredeemed portion of the Obligation so surrendered.
(d) Not less than thirty (30) days prior to a redemption date for the Obligations, a
notice of redemption will be sent by U.S. mail, first class postage prepaid, in the name of the City
to each Owner of an Obligation to be redeemed in whole or in part at the address of such Owner
appearing on the Register at the close of business on the business day next preceding the date of
mailing; provided, however, that so long as Wachovia Bank, National Association, is the Paying
Agent/Registrar and the sole Registered Owner of the Obligations, no such notice shall be
required. Such notices shall state the redemption date, the redemption price, the place at which
Obligations are to be surrendered for payment and, if less than all Obligations Outstanding are to
be redeemed, the numbers of Obligations or portions thereof to be redeemed. Any notice of
redemption so mailed as provided in this Section will be conclusively presumed to have been duly
given, whether or not the Registered Owner receives such notice. By the date fixed for
redemption, due provision shall be made with the Paying AgentfRegistrar for payment of the
redemption price of the Obligations or portions thereof to be redeemed. When Obligations have
been called for redemption in whole or in part and notice of redemption has been given as herein
provided, the Obligations or portions thereof so redeemed shall no longer be regarded to be
Outstanding, except for the purpose of receiving payment solely from the funds so provided for
redemption, and interest which would otherwise accrue after the redemption date on any
HOU:2516661.4
6
Obligation or portion thereof called for redemption shall terminate on the date fixed for
redemption.
Section 3.5: Manner of Payment. Characteristics. Execution and Authentication. The
Paying Agent/Registrar is hereby appointed the paying agent for the Obligations. The
Obligations shall be payable, shall have the characteristics and shall be executed, sealed,
registered and authenticated, all as provided and in the manner indicated in the FORM OF
OBLIGATIONS set forth in Article IV of this Ordinance. If any officer of the City whose
manual or facsimile signature shall appear on the Obligations shall cease to be such officer
before the authentication of the Obligations or before the delivery of the Obligations, such
manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such
officer had remained in such office.
The approving legal opinion of Andrews Kurth LLP, Houston, Texas, Bond Counsel,
may be printed on the back of the Obligations over the certification of the City Secretary, which
may be executed in facsimile. CUSIP numbers also may be printed on the Obligations, but
errors or omissions in the printing of either the opinion or the numbers shall have no effect on the
validity of the Obligations.
Section 3.6: Authentication. Except for the Obligations to be initially issued, which
need not be authenticated by the Paying Agent/Registrar, only such Obligations as shall bear
thereon a certificate of authentication, substantially in the form provided in Article IV of this
Ordinance, manually executed by an authorized representative of the Paying Agent/Registrar,
shall be entitled to the benefits of this Ordinance or shall be valid or obligatory for any purpose.
Such duly executed certificate of authentication shall be conclusive evidence that the Obligation
so authenticated was delivered by the Paying Agent/Registrar hereunder.
Section 3.7: Ownership. The City, the Paying Agent/Registrar and any other person
may treat the person in whose name any Obligation is registered as the absolute owner of such
Obligation for the purpose of making and receiving payment of the principal thereof and interest
thereon and for all other purposes, whether or not such Obligation is overdue, and neither the
City nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary.
All payments made to the person deemed to be the Registered Owner of any Obligation in
accordance with this Section shall be valid and effective and shall discharge the liability of the
City and the Paying Agent/Registrar upon such Obligation to the extent of the sums paid.
Section 3.8: Registration. Transfer and Exchange. The Paying Agent/Registrar is
hereby appointed the registrar for the Obligations. So long as any Obligation remains
Outstanding, the Paying Agent/Registrar shall keep the Register at its office in Austin, Texas in
which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar
shall provide for the registration and transfer of the Obligations in accordance with the terms of
this Ordinance.
Each Obligation shall be transferable only upon the presentation and surrender thereof at
the principal corporate trust office of the Paying Agent/Registrar, accompanied by an assignment
duly executed by the Registered Owner or his authorized representative in form satisfactory to
the Paying Agent/Registrar. Upon due presentation of any Obligation for transfer, the Paying
7
HOU:2516661.4
Agent/Registrar shall authenticate and deliver in exchange therefor, within seventy-two (72)
hours after such presentation, a new Obligation or Obligations, registered in the name of the
transferee or transferees, in authorized denominations and of the same maturity and aggregate
principal amount and bearing interest at the same rate as the Obligation or Obligations so
presented and surrendered.
All Obligations shall be exchangeable upon the presentation and surrender thereof at the
office of the Paying Agent/Registrar for a Obligation or Obligations, maturity and interest rate
and in any authorized denomination, in an aggregate principal amount equal to the unpaid
principal amount of the Obligation or Obligations presented for exchange. The Paying
Agent/Registrar shall be and is hereby authorized to authenticate and deliver exchange
Obligations in accordance with the provisions of this Section. Each Obligation delivered by the
Paying Agent/Registrar in accordance with this Section shall be entitled to the benefits and
security of this Ordinance to the same extent as the Obligation or Obligations in lieu of which
such Obligation is delivered.
All Obligations issued in transfer or exchange shall be delivered to the Registered
Owners thereof at the principal corporate trust office of the Paying Agent/Registrar or sent by
United States mail, first class, postage prepaid.
The City or the Paying AgentlRegistrar may require the Registered Owner of any
Obligation to pay a sum sufficient to cover any tax or other governmental charge that may be
imposed in connection with the transfer or exchange of such Obligation. Any fee or charge of the
Paying AgentlRegistrar for such transfer or exchange shall be paid by the City.
Section 3.9: Replacement Obligations. Upon the presentation and surrender to the
Paying AgentlRegistrar of a damaged or mutilated Obligation, the Paying AgentlRegistrar shall
authenticate and deliver in exchange therefor a replacement Obligation, of the same maturity,
interest rate and principal amount, bearing a number not contemporaneously outstanding. The
City or the Paying AgentlRegistrar may require the Registered Owner of such Obligation to pay
a sum sufficient to cover any tax or other governmental charge that may be imposed in
connection therewith and any other expenses connected therewith, including the fees and
expenses of the Paying AgentlRegistrar and the City.
If any Obligation is lost, apparently destroyed or wrongfully taken, the City, pursuant to
the applicable laws of the State of Texas and ordinances of the City, and in the absence of notice
or knowledge that such Obligation has been acquired by a bona fide purchaser, shall execute, and
the Paying AgentlRegistrar shall authenticate and deliver, a replacement Obligation of the same
maturity, interest rate and principal amount, bearing a number not contemporaneously
outstanding, provided that the Registered Owner thereof shall have:
(a) furnished to the City and the Paying AgentlRegistrar satisfactory evidence of the
ownership of and the circumstances of the loss, destruction or theft of such
Obligation;
(b) furnished such security or indemnity as may be required by the Paying
AgentlRegistrar and the City to save and hold them harmless;
8
HOU:2516661.4
(c) paid all expenses and charges in connection therewith, including, but not limited
to, printing costs, legal fees, fees of the Paying AgentJRegistrar and any tax or
other governmental charge that may be imposed; and
(d) met any other reasonable requirements of the City and the Paying
AgentJRegistrar .
If, after the delivery of such replacement Obligation, a bona fide purchaser of the original
Obligation in lieu of which such replacement Obligation was issued presents for payment such
original Obligation, the City and the Paying AgentJRegistrar shall be entitled to recover such
replacement Obligation from the person to whom it was delivered or any person taking
therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or
indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the
City or the Paying AgentJRegistrar in connection therewith.
If any such mutilated, lost, apparently destroyed or wrongfully taken Obligation has
become or is about to become due and payable, the City in its discretion may, instead of issuing a
replacement Obligation, authorize the Paying Agent/Registrar to pay such Obligation.
Each replacement Obligation delivered in accordance with this Section shall be entitled to
the benefits and security of this Ordinance to the same extent as the Obligation or Obligations in
lieu of which such replacement Obligation is delivered.
Section 3.10: Cancellation. All Obligations paid in accordance with this Ordinance, and
all Obligations in lieu of which exchange Obligations or replacement Obligations are
authenticated and delivered in accordance herewith, shall be canceled and destroyed upon the
making of proper records regarding such payment. The Paying Agent/Registrar shall periodically
furnish the City with certificates of destruction of such Obligations.
ARTICLE IV
FORM OF OBLIGATIONS
The Obligations, including the Form of Comptroller's Registration Certificate, Form of
Paying AgentJRegistrar's Authentication Certificate, and Form of Assignment, shall be in
substantially the form of Exhibit B hereto, with such omissions, insertions and variations as may
be necessary or desirable, and not prohibited by this Ordinance.
ARTICLE V
SECURITY FOR THE OBLIGATIONS
Section 5.1: Pledge and Levy of Taxes.
(a) To provide for the payment of principal of and interest on the Obligations, there is
hereby levied, within the limits prescribed by law, for the current year and each succeeding year
thereafter, while the Obligations or any part of the principal thereof and the interest thereon
remain outstanding and unpaid, an ad valorem tax upon all taxable property within the City
9
HOU:2516661.4
sufficient to pay the interest on the Obligations and to create and provide a sinking fund of not
less than 2% of the principal amount of the Obligations or not less than the principal payable out
of such tax, whichever is greater, with full allowance being made for tax delinquencies and the
costs of tax collection, and such taxes, when collected, shall be applied to the payment of
principal of and interest on the Obligations by deposit to the Debt Service Fund and to no other
purpose.
(b) The City hereby declares its purpose and intent to provide and levy a tax legally
sufficient to pay the principal of and interest on the Obligations, it having been determined that
the existing and available taxing authority of the City for such purpose is adequate to permit a
legally sufficient tax. As long as any Obligations remain outstanding, all moneys on deposit in,
or credited to, the Debt Service Fund shall be secured by a pledge of security, as provided by law
for cities in the State of Texas.
Section 5.2: Debt Service Fund.
(a) The Public Property Finance Contractual Obligations, Series 2006 Debt Service
Fund (the "Debt Service Fund") is hereby created as a special fund solely for the benefit of the
Obligations. The City shall establish and maintain such fund at an official City depository and
shall keep such fund separate and apart from all other funds and accounts ofthe City. Any amount
on deposit in the Debt Service Fund shall be maintained by the City in trust for the Registered
Owners of the Obligations. Such amount, plus any other amounts deposited by the City into such
fund and any and all investment earnings on amounts on deposit in such fund, shall be used only
to pay the principal of, premium, if any, and interest on the Obligations.
(b) The City agrees that, so long as the Purchaser is the Registered Owner of the
Obligations, principal and interest payments due on the Obligations shall be deducted
automatically on each Interest Payment Date from the Debt Service Fund held in a checking
account of the City held by the Purchaser or another financial institution (the "Checking
Account"). All payments pursuant to this paragraph shall be made without condition or deduction
for any counterclaim, defense, recoupment or setoff. The Purchaser shall debit the Checking
Account on each Interest Payment (or such later date in accordance with Section 9.3 hereof) in the
amount of all interest and principal, if any, due on such date. The City shall maintain sufficient
funds in the Checking Account on such dates. If there shall be insufficient funds in the Checking
Account on any such date, the Purchaser may, without limiting any other remedies it may have
under this Ordinance, reverse the debit.
Section 5.3: Construction Fund. The Public Property Finance Contractual Obligations,
Series 2006 Construction Fund (the "Construction Fund") is hereby created as a special fund of
the City. Money on deposit in the Construction Fund shall be used only for the purposes set
forth in Section 3.1 of this Ordinance. Money on deposit in the Construction Fund may, at the
option of. the City, be invested as permitted by Texas law, provided that all such deposits and
investments shall be made in such manner that the money required to be expended from the
Construction Fund will be available at the proper time or times.
Section 5.4: Further Proceedings. After the Obligations to be initially issued have been
executed, it shall be the duty of the Mayor to deliver the Obligations to be initially issued and all
10
HOU:2516661.4
pertinent records and proceedings to the Attorney General for examination and approval. After
the Obligations to be initially issued shall have been approved by the Attorney General, they
shall be delivered to the Comptroller for registration. Upon registration of the Obligations to be
initially issued, the Comptroller (or a deputy lawfully designated in writing to act for the
Comptroller) shall manually sign the Comptroller's registration certificate prescribed herein to
be affixed or attached to the Obligations to be initially issued, and the seal of said Comptroller
shall be impressed, or placed in facsimile, thereon.
ARTICLE VI
CONCERNING THE PAYING AGENT/REGISTRAR
Section 6.1: Acceptance. Wachovia Bank, National Association, Austin, Texas, is
hereby appointed as the initial Paying AgentlRegistrar for the Obligations pursuant to the terms
and provisions of the Paying AgentlRegistrar Agreement by and between the City and the Paying
AgentlRegistrar. The Paying AgentlRegistrar Agreement shall be substantially in the form
attached hereto as Exhibit C, the terms and provisions of which are hereby approved, and the
Mayor is hereby authorized to execute and deliver such Paying AgentlRegistrar Agreement on
behalf of the City in multiple counterparts and the City Secretary is hereby authorized to attest
thereto and affix the City's seal. Such initial Paying AgentlRegistrar and any successor Paying
AgentlRegistrar, by undertaking the performance of the duties of the Paying AgentlRegistrar
hereunder, and in consideration of the payment of any fees pursuant to the terms of any contract
between the Paying AgentlRegistrar and the City and/or the deposits of money pursuant to this
Ordinance, shall be deemed to accept and agree to abide by the terms of this Ordinance.
Section 6.2: Trust Funds. All money transferred to the Paying AgentlRegistrar in its
capacity as Paying AgentlRegistrar for the Obligations under this Ordinance (except any sums
representing Paying AgentlRegistrar's fees) shall be held in trust for the benefit of the City, shall
be the property of the City and shall be disbursed in accordance with this Ordinance.
Section 6.3: Obligations Presented. Subject to the provisions of Section 6.4, all
matured Obligations presented to the Paying AgentlRegistrar for payment shall be paid without
the necessity of further instructions from the City. Such Obligations shall be canceled as
provided herein.
Section 6.4: Unclaimed Funds Held by the Paying AgentlRegistrar. Funds held by the
Paying AgentlRegistrar that represent principal of and interest on the Obligations remaining
unclaimed by the Registered Owner thereof after the expiration of three years from the date such
funds have become due and payable (a) shall be reported and disposed of by the Paying
AgentlRegistrar in accordance with the provisions of Title 6 of the Texas Property Code, as
amended, to the extent such provisions are applicable to such funds, or (b) to the extent such
provisions do not apply to the funds, such funds shall be paid by the Paying AgentlRegistrar to
the City upon receipt by the Paying AgentlRegistrar of a written request therefor from the City.
The Paying AgentlRegistrar shall have no liability to the Registered Owners of the
Obligations by virtue of actions taken in compliance with this Section.
11
HOU:2516661.4
Section 6.5: Paying Agent/Registrar Mav Own Obligations. The Paying
Agent/Registrar in its individual or any other capacity, may become the owner or pledgee of
Obligations with the same rights it would have if it were not the Paying Agent/Registrar.
Section 6.6: Successor Paving Agents/Registrars. The City covenants that at all times
while any Obligations are Outstanding it will provide a legally qualified bank, trust company,
financial institution or other agency to act as Paying Agent/Registrar for the Obligations. The
City reserves the right to change the Paying Agent/Registrar for the Obligations on not less than
sixty (60) days' written notice to the Paying Agent/Registrar, as long as any such notice is
effective not less than 60 days prior to the next succeeding principal or interest payment date on
the Obligations. Promptly upon the appointment of any successor Paying Agent/Registrar, the
previous Paying Agent/Registrar shall deliver the Register or a copy thereof to the new Paying
AgentlRegistrar, and the new Paying AgentlRegistrar shall notify each Registered Owner, by
United States mail, first class, postage prepaid, of such change and of the address of the new
Paying AgentlRegistrar. Each Paying AgentlRegistrar hereunder, by acting in that capacity, shall
be deemed to have agreed to the provisions of this Ordinance.
ARTICLE VII
PROVISIONS CONCERNING SALE AND
APPLICATION OF PROCEEDS OF OBLIGATIONS
Section 7.1: Sale of Obligations. The sale of the Certificates to the Purchaser at a price
of the par value thereof is hereby approved, and delivery of the Obligations to the Purchaser shall
be made upon payment therefor in accordance with the terms of the Investor Letter attached
hereto as Exhibit D, which price and terms are hereby found and determined to be the most
advantageous reasonably obtainable by the City. The Mayor, Mayor Pro- Tem and all other
officials, agents and representatives of the City are hereby authorized to do any and all things
necessary or desirable to provide for the issuance and delivery of the Obligations.
Section 7.2: Approval. Registration and Delivery. The Mayor is hereby authorized to
have control and custody of the Obligations and all necessary records and proceedings pertaining
thereto pending their delivery, and the Mayor and other officers and employees of the City are
hereby authorized and directed to make such certifications and to execute such instruments as
may be necessary to accomplish the delivery of the Obligations and to assure the investigation,
examination and approval thereof by the Attorney General and the registration of the initial
Obligations by the Comptroller. Upon registration of the Obligations, the Comptroller (or the
Comptroller's certificates clerk or an assistant certificates clerk lawfully designated in writing to
act for the Comptroller) shall manually sign the Comptroller's Registration Certificates
prescribed herein to be attached or affixed to each Obligation initially delivered and the seal of
the Comptroller shall be impressed or printed or lithographed thereon.
Section 7.3: Application of Proceeds of Obligations; Appropriation. Proceeds from the
sale of the Obligations shall, promptly upon receipt by the City, be applied as follows:
12
HOU:2516661.4
(1) A portion of the proceeds shall be applied to pay expenses arising in connection
with the issuance of the Obligations; and
(2) The remaining proceeds shall be deposited into the Construction Fund created in
Section 5.3 of this Ordinance and used for the purposes described in Section
3.I(a) hereof.
Section 7.4: Tax Exemption. The City intends that the interest on the Obligations shall
be excludable from gross income of the owners thereof for federal income tax purposes pursuant
to Sections 103 and 141 through 150 of the Internal Revenue Code of 1986, as amended, (the
"Code") and all applicable temporary, proposed and final regulations (the "Regulations") and
procedures promulgated thereunder and applicable to the Obligations. For this purpose, the City
covenants that it will monitor and control the receipt, investment, expenditure and use of all
gross proceeds of the Obligations (including all property the acquisition, construction or
improvement of which is to be financed directly or indirectly with the proceeds of the
Obligations) and take or omit to take such other and further actions as may be required by
Sections 103 and 141 through 150 of the Code and the Regulations to cause interest on the
Obligations to be and remain excludable from the gross income, as defined in Section 61 of the
Code, of the owners of the Obligations for federal income tax purposes. Without limiting the
generality of the foregoing, the City shall comply with each of the following covenants:
( a) The City will use all of the proceeds of the Obligations (1) to provide funds for
the purposes set forth in Section 3.1 of this Ordinance, which property will be
owned and operated by the City, and (ii) to pay the costs of issuing the
Obligations. The City will not use any portion of the proceeds of the Obligations
to pay the principal of or interest or redemption premium on any other obligation
of the City or a related person.
(b) The City will not directly or indirectly take any action or omit to take any action,
which action or omission would cause the Obligations to constitute "private
activity bonds" within the meaning of Section 141 (a) of the Code.
(c) Principal of and interest on the Obligations will be paid solely from ad valorem
taxes collected by the City, investment earnings on such collections, and as
available, proceeds of the Obligations.
(d) Based upon all facts and estimates now known or reasonably expected to be in
existence on the date the Obligations are delivered, the City reasonably expects
that the proceeds of the Obligations will not be used in a manner that would cause
the Obligations or any portion thereof to be an "arbitrage bond" within the
meaning of Section 148 of the Code;
(e) At all times while the Obligations are outstanding, the City will identify and
properly account for all amounts constituting gross proceeds of the Obligations in
accordance with the Regulations. The City will monitor the yield on the
investments of the proceeds of the Obligations and, to the extent required by the
Code and the Regulations, will restrict the yield on such investments to a yield
which is not materially higher than the yield on the Obligations. To the extent
13
HOU:2516661.4
necessary to prevent the Obligations from constituting "arbitrage bonds," the City
will make such payments as are necessary to cause the yield on all yield-restricted
nonpurpose investments allocable to the Obligations to be less than the yield that
is materially higher than the yield on the Obligations.
(f) The City will not take any action or knowingly omit to take any action which, if
taken or omitted, would cause the Obligations to be treated as "federally
guaranteed" obligations for purposes of Section 149(b) of the Code;
(g) The City represents that not more than fifty percent (50%) of the proceeds of the
Obligations will be invested in nonpurpose investments (as defined in
Section 148(f)(6)(A) of the Code) having a substantially guaranteed yield for four
years or more within the meaning of Section 149(g)(3)(A)(ii) of the Code, and the
City reasonably expects that at least eighty-five percent (85%) of the spendable
proceeds of the Obligations will be used to carry out the governmental purpose of
the Obligations within the three-year period beginning on the respective dates of
issue of the Obligations.
(h) The City will take all necessary steps to comply with the requirement that certain
amounts earned by the City on the investment of the gross proceeds of the
Obligations, if any, be rebated to the federal government. Specifically, the City
will (i) maintain records regarding the receipt, investment, and expenditure of the
gross proceeds of the Obligations as may be required to calculate such excess
arbitrage profits separately from records of amounts on deposit in the funds and
accounts of the City allocable to other obligations of the City or moneys which do
not represent gross proceeds of any obligations of the City and retain such records
for at least six years after the day on which the last outstanding Obligation is
discharged, (ii) account for all gross proceeds under a reasonable, consistently
applied method of accounting, not employed as an artifice or device to avoid in
whole or in part, the requirements of Section 148 of the Code, including any
specified method of accounting required by applicable Regulations to be used for
all or a portion of any gross proceeds, (iii) calculate, at such times as are required
by applicable Regulations, the amount of excess arbitrage profits, if any, earned
from the investment of the gross proceeds of the Obligations and (iv) timely pay,
as required by applicable Regulations, all amounts required to be rebated to the
federal government. In addition, the City will exercise reasonable diligence to
assure that no errors are made in the calculations required by the preceding
sentence and, if such an error is made, to discover and promptly correct such error
within a reasonable amount of time thereafter, including payment to the federal
government of any delinquent amounts owed to it, interest thereon and any
penalty .
(i) The City will not directly or indirectly pay any amount otherwise payable to the
federal government pursuant to the foregoing requirements to any person other
than the federal government by entering into any investment arrangement with
respect to the gross proceeds of the Obligations that might result in a reduction in
the amount required to be paid to the federal government because such
14
HOU:2516661.4
arrangement results in smaller profit or a larger loss than would have resulted if
such arrangement had been at arm's length and had the yield on the Obligations
not been relevant to either party.
G) The City will timely file or cause to be filed with the Secretary of the Treasury of
the United States the information required by Section 149( e) of the Code with
respect to the Obligations on such form and in such place as the Secretary may
prescribe.
(k) The City will not issue or use the Obligations as part of an "abusive arbitrage
device" (as defined in Section 1.148-10(a) of the Regulations). Without limiting
the foregoing, the Obligations are not and will not be a part of a transaction or
series of transactions that attempts to circumvent the provisions of Section 148 of
the Code and the Regulations by (i) enabling the City to exploit the difference
between tax-exempt and taxable interest rates to gain a material financial
advantage, or (ii) increasing the burden on the market for tax-exempt obligations.
(1) Proper officers of the City charged with the responsibility for issuing the
Obligations are hereby directed to make, execute and deliver certifications as to
facts, estimates or circumstances in existence as of the Issue Date and stating
whether there are facts, estimates or circumstances that would materially change
the City's expectations. On or after the Issue Date, the City will take such actions
as are necessary and appropriate to assure the continuous accuracy of the
representations contained in such certificates.
(m) The covenants and representations made or required by this Section are for the
benefit of the holders of the Obligations and any subsequent holder of the
Obligations, and may be relied upon by the holder of the Obligations and any
subsequent holder of the Obligations and bond counsel to the City.
In complying with the foregoing covenants, the City may rely upon an unqualified
opinion issued to the City by nationally recognized bond counsel that any action by the City or
reliance upon any interpretation of the Code or Regulations contained in such opinion will not
cause interest on the Obligations to be includable in gross income for federal income tax
purposes under existing law.
Notwithstanding any other provision of this Ordinance, the City's representations and
obligations under the covenants and provisions of this Section 7.4 shall survive the defeasance
and discharge of the Obligations for as long as such matters are relevant to the exclusion of
interest on the Obligations from the gross income of the owners thereof for federal income tax
purposes.
Section 7.5: Qualified Tax-Exempt Obligations. The City hereby designates the
Obligations as "qualified tax-exempt obligations" as defined in Section 265(b )(3) of the Code.
With respect to such designation, the City represents the following: (a) that during the calendar
year 2006, the City (including all entities which issue obligations on behalf of the City), has not
designated nor will designate obligations, which when aggregated with the Obligations will
15
HOU:2516661.4
result in more than $10,000,000 of "qualified tax-exempt obligations" being issued and (b) that
the City has examined its fmancing needs for the calendar year 2006 and reasonably anticipates
that the amount of bonds, leases, loans or other obligations, together with the Obligations and
any other tax-exempt obligations heretofore issued by the City (plus those of all entities which
issue obligations on behalf of the City) during the calendar year 2006, when the higher of the
face amount or the issue price of each such tax-exempt obligation issued for the calendar year
2006 by the City is taken into account, will not exceed $10,000,000.
Section 7.6: Related Matters. In order that the City shall satisfy in a timely manner all
of its obligations under this Ordinance, the Mayor, City Secretary and all other appropriate
officers, agents, representatives and employees of the City are hereby authorized and directed to
take all other actions that are reasonably necessary to provide for the issuance and delivery of the
Obligations, including, without limitation, executing and delivering on behalf of the City all
certificates, consents, receipts, requests, notices, and other documents as may be reasonably
necessary to satisfy the City's obligations under this Ordinance and to direct the transfer and
application of funds of the City consistent with the provisions of this Ordinance.
ARTICLE VIII
COVENANTS
Section 8.1: Financial Reporting. The City shall provide annual audited financial
statements of the City to the Purchaser within 180 days of the close of each Fiscal Year.
Section 8.2: Determination of Taxability.
(a) Upon (i) receipt of written notice from the Internal Revenue Service which, in the
opinion of bond counsel to the City, has the effect of rendering interest on the
Obligations includible in the gross income of the holders thereof, or (ii) receipt by
the Purchaser of a written opinion of bond counsel selected by the Purchaser and
approved by the City (which approval shall not be unreasonably withheld) to the
effect that interest on the Obligations is includible in the gross income of the
holders thereof, the City shall pay interest (including interest for prior years from
the date of determination of taxability, if applicable) to the holders of the
Obligations at a rate per annum determined in accordance with Section 3.3(b)
hereof; provided, however, that payment of interest on the Obligations pursuant to
Section 3.3(b) shall be required only to the extent and during the period of time
that interest on an Obligation is determined to includible in the gross income of
the holder thereof.
(b) To the extent that the City is required to pay interest at an increased rate pursuant
to subsection (a) of this Section 8.2 (and in the absence of other available funds
on hand to pay such interest), the amount of such increase in interest shall be due
(i) on the first Interest Payment Date which (A) occurs during the first Fiscal Year
in which the City is able to include an amount in its annual ad valorem debt
service tax rate to provide for payment of such increased interest and (B) next
follows the last date on which a taxpayer may pay such ad valorem tax without
16
HOU:2516661.4
incurring a penalty for late payment thereof, and (ii) on each succeeding Interest
Payment Date thereafter, so long as the City is required to pay such increased
interest.
(c) Upon the occurrence of an event that results in the City being required to pay
interest pursuant to subsection (a) of this Section 8.2, on any date following such
event the Obligations shall be subject to redemption, in whole or in part, at the
option of the City at a redemption price of the par value thereof plus accrued
interest (including any interest owed pursuant to Section 3.3(b) hereof) to the date
of redemption.
ARTICLE IX
MISCELLANEOUS
Section 9.1 : Defeasance. The City may defease the provisions of this Ordinance and
discharge its obligations to the Registered Owners of any or all of the Obligations to pay the
principal of and interest thereon in any manner now or hereafter permitted by law, including by
depositing with the Paying Agent/Registrar or with the Comptroller either:
(a) cash in an amount equal to the principal amount of such Obligations plus interest
thereon to the date of maturity; or
(b) pursuant to an escrow or trust agreement, cash and/or (i) direct noncallable
obligations of United States of America, including obligations that are unconditionally
guaranteed by the United States of America; (ii) noncallable obligations of an agency or
instrumentality of the United States, including obligations that are unconditionally guaranteed or
insured by the agency or instrumentality and that, on the date the governing body of the issuer
adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to
investment quality by a nationally recognized investment rating firm not less than AAA or its
equivalent; or (iii) noncallable obligations of a state or an agency or a county, municipality, or
other political subdivision of a state that have been refunded and that, on the date the governing
body of the issuer adopts or approves the proceedings authorizing the issuance of refunding
bonds, are rated as to investment quality by a nationally recognized investment rating firm not
less than AAA or its equivalent, which, in the case of (i), (ii) or (iii), may be in book-entry form,
and the principal of and interest on which will, when due or redeemable at the option of the
holder, without further investment or reinvestment of either the principal amount thereof or the
interest earnings thereon, provide money in an amount which, together with other moneys, if
any, held in such escrow at the same time and available for such purpose, shall be sufficient to
provide for the timely payment of the principal of and interest thereon to the date of maturity.
Upon such deposit, such Obligations shall no longer be regarded to be Outstanding or unpaid.
Any surplus amounts not required to accomplish such defeasance shall be returned to the City.
Section 9.2: Ordinance a Contract - Amendments. This Ordinance shall constitute a
contract with the Registered Owners from time to time, be binding on the City, and shall not be
amended or repealed by the City so long as any Obligation remains Outstanding except as
permitted in this Section. The City may, without the consent of or notice to any Registered
17
HOU:25 16661.4
Owners, from time to time and at any time, amend this Ordinance in any manner not detrimental
to the interests of the Registered Owners, including the curing of any ambiguity, inconsistency,
or formal defect or omission herein. In addition, the City may, with the consent of Registered
Owners who own in the aggregate 51 % of the principal amount of the Obligation then
Outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that,
without the consent of all Registered Owners of Outstanding Obligations, no such amendment,
addition, or rescission shall (i) extend the time or times of payment of the principal of and
interest on the Obligations, reduce the principal amount thereof, or the rate of interest thereon, or
in any other way modify the terms of payment of the principal of or interest on the Obligations,
(ii) give any preference to any Obligation over any other Obligation, or (iii) reduce the aggregate
principal amount of Obligations required to be held by Registered Owners for consent to any
such amendment, addition, or rescission.
Section 9.3: Legal Holidays. In any case where the date interest accrues and becomes
payable on the Obligations or principal of the Obligations matures or a Record Date shall be in
the City a Saturday, Sunday, legal holiday or a day on which banking institutions are authorized
by law to close, then payment of interest or principal need not be made on such date, or the
Record Date shall not occur on such date, but payment may be made or the Record Date shall
occur on the next succeeding day which is not in the City a Saturday, Sunday, legal holiday or a
day on which banking institutions are authorized by law to close with the same force and effect
as if (i) made on the date of maturity and no interest shall accrue for the period from the date of
maturity to the date of actual payment or (ii) the Record Date had occurred on the fifteenth day
of that calendar month.
Section 9.4: No Recourse Against City Officials. No recourse shall be had for the
payment of principal of or interest on any Obligations or for any claim based thereon or on this
Ordinance against any official of the City or any person executing any Obligations.
Section 9.5: Further Proceedings. The Mayor, City Secretary and other appropriate
officials of the City are hereby authorized and directed to do any and all things necessary and/or
convenient to carry out the terms of this Ordinance.
Section 9.6: Power to Revise Form of Documents. Notwithstanding any other
provision of this Ordinance, the Mayor is hereby authorized to make or approve such revisions,
additions, deletions, and variations to this Ordinance and in the form of the documents attached
hereto as exhibits as, in the judgment of the Mayor, and in the opinion of Obligation Counsel to
the City, may be necessary or convenient to carry out or assist in carrying out the purposes of
this Ordinance, or as may be required for approval of the Obligations by the Attorney General of
Texas; provided, however, that any changes to such documents resulting in substantive
amendments to the terms and conditions of the Obligations or such documents shall be subject to
the prior approval of the City Council.
Section 9.7: Severability. If any Section, paragraph, clause or proVISIon of this
Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such Section, paragraph, clause or provision shall not affect any of the
remaining provisions of this Ordinance.
18
HOU:2516661.4
Section 9.8: Open Meeting. It is hereby found, determined and declared that a
sufficient written notice of the date, hour, place and subject of the meeting of the City Council at
which this Ordinance was adopted was posted at a place convenient and readily accessible at all
times to the general public at City Hall 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 9.9: Repealer. All orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 9.10: Effective Date. This Ordinance shall be in force and effect from and after
its passage on the date shown below.
[Remainder of this page intentionally left blank)
19
HOU:2516661.4
PASSED AND ADOPTED this December 12,2005.
ATTEST
l
~~!;; cllrffiJ
(SEAL)
Exhibits:
Exhibit A - Description of Property
Exhibit B - Form of Obligation
Exhibit C - Paying Agent/Registrar Agreement
Exhibit D - Investor Letter
HOU:25 16661.3
CITY OF LA PORTE, TEXAS
~y~
Mayor
S-1
EXHIBIT A
DESCRIPTION OF PROPERTY
Automatic meter reading equipment and related components.
A-I
HOU:2516661.4
EXHIBIT B
FORM OF OBLIGATION
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF LA PORTE, TEXAS,
PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION,
SERIES 2006
NUMBER
1R_
REGISTERED
DENOMINATION
$
REGISTERED
INTEREST
RATE:
DATED
DATE:
ISSUANCE
DATE:
MATURITY
DATE:
3.74%
January 1,2006
January 25,2006
January 25,2016
REGISTERED OWNER:
PRINCIPAL AMOUNT:
DOLLARS
THE CITY OF LA PORTE, TEXAS, a municipal corporation of the State of Texas (the
"City"), for value received, hereby promises to pay to the Registered Owner identified above or
its registered assigns, on the Maturity Date specified above upon presentation and surrender of
this Obligation at the principal corporate trust office of Wachovia Bank, National Association,
Austin, Texas, or its successor (the "Paying AgentlRegistrar"), the principal amount identified
above payable in any coin or currency of the United States of America which on the date of
payment of such principal is legal tender for the payment of debts due to the United States of
America, and to pay interest thereon at the rate shown above (as may be adjusted pursuant to the
terms of the Ordinance), calculated on a basis of a 360-day year composed of twelve 30-day
months, from the later of the Issue Date identified above or the most recent interest payment date
to which interest has been paid or duly provided for. Interest on this Obligation is payable on
July 25, 2006, and each January 25 and July 25 thereafter until maturity or earlier redemption of
this Obligation, by check sent by United States mail, first class, postage prepaid, by the Paying
AgentlRegistrar to the Registered Owner of record as of the close of business on the tenth day of
the month next preceding the applicable interest payment date, as shown on the registration
books kept by the Paying AgentlRegistrar. Any accrued interest payable at maturity shall be
paid upon presentation and surrender of this Obligation at the office of the Paying
AgentlRegistrar .
I Initial Obligation shall be numbered T -1.
B-1
HOU:25 16661.4
THIS OBLIGATION IS ONE OF A DULY AUTHORIZED SERIES OF
OBLIGATIONS (the "Obligations") in the aggregate principal amount of $2,625,000 issued
pursuant to an ordinance adopted by the City Council of the City on December 12, 2005 (the
"Ordinance") for the purpose of paying (a) all or a portion of the City's contractual obligations to
be incurred in connection with the use, purchase or other acquisition of personal property, under
and pursuant to the authority of Chapter 271, Subchapter A, Texas Local Government Code, as
amended, and the City's Home Rule Charter. Proceeds of the Obligations will also be used to
pay costs of issuance of the Obligations and other professional services related thereto.
2REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS
OBLIGATION SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL
HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH AT THIS PLACE.
3THIS OBLIGATION shall not be valid or obligatory for any purpose or be entitled to
any benefit under the Ordinance unless this Obligation is authenticated by the Paying
Agent/Registrar by due execution of the authentication certificate endorsed hereon.
IN WITNESS WHEREOF, the City has caused its corporate seal to be impressed or
placed in facsimile hereon and this Obligation to be signed by the Mayor and countersigned by
the City Secretary by their manual, lithographed or printed facsimile signatures.
CITY OF LA PORTE, TEXAS
~~~~ ~~-e~
Mayor
(SEAL)
COUNTERSIGNED:
~r;" ;1M
City Secretary
* * *
[REVERSE OF OBLIGATION]
THE CITY RESERVES THE RIGHT, at its option, to redeem, prior to their maturity,
Obligations, in whole or in part, on any date at a price of par plus accrued interest to the date
2 This paragraph shall be omitted from the initial Obligation and any other Obligation for which text does not appear
on the back of a printed bond.
3 In the initial Obligation, this paragraph shall read as follows:
"THIS OBLIGA nON shall not be valid or obligatory for any purpose or be entitled to any benefit
under the Ordinance unless this Obligations is registered by the Comptroller of Public Accounts of
the State of Texas by due execution of the registration certificate endorsed hereon."
B-2
HOU:2516661.4
fixed for redemption, plus a Breakage Fee, if any, as defined and determined in accordance with
the Ordinance.
THE OBLIGATIONS ARE subject to mandatory sinking fund redemption in the
following amounts (subject to reduction as hereinafter provided), on the following dates, in each
case at a redemption price equal to the principal amount of the Obligations or the portions
thereof so called for redemption plus accrued interest to the date fixed for redemption:
Mandatory Redemotion Dates
January 25, 2007
January 25, 2008
January 25, 2009
January 25,2010
January 25,2011
January 25,2012
January 25,2013
January 25, 2014
January 25, 2015
January 25,2016
Princioal Amounts
$262,500
262,500
262,500
262,500
262,500
262,500
262,500
262,500
262,500
262,500
THE PARTICULAR OBLIGATIONS to be redeemed shall be selected by the Registrar
by lot or other customary random selection method, on or before December 10 of each year
immediately preceding a mandatory redemption date. The principal amount of Obligations to be
mandatorily redeemed in each year shall be reduced by the principal amount of such Obligations
that have been optionally redeemed pursuant to subparagraph (a) above on or before December
10 of such year and which have not been made the basis for a previous reduction.
OBLIGATIONS MAY BE REDEEMED only in such amounts as will result in the
unredeemed balance of Obligations being outstanding in Authorized Denominations. Upon
presentation and surrender of any Obligation for redemption in part, the Paying AgentlRegistrar,
in accordance with the provisions of this Ordinance, shall authenticate and deliver in exchange
therefor an Obligation or Obligations of like maturity and interest rate in an aggregate principal
amount equal to the unredeemed portion of the Obligation so surrendered.
NOTICE OF ANY SUCH REDEMPTION, identifying the Obligations or portions
thereof to be redeemed, shall be sent by United States mail, first class, postage prepaid, to the
Registered Owners thereof at their addresses as shown on the books of registration kept by the
Paying AgentlRegistrar, not less than thirty (30) days before the date fixed for such redemption;
provided, however, that so long as Wachovia Bank, National Association, is the Paying
Agent/Registrar and the sole Registered Owner of the Obligations, no such notice shall be
required. By the date fixed for redemption, due provision shall be made with the Paying
Agent/Registrar for the payment of the redemption price of the Obligations called for
redemption. If such notice of redemption is given, and if due provision for such payment is
made, all as provided above, the Obligations which are to be so redeemed thereby automatically
shall be redeemed prior to their scheduled maturities, they shall not bear interest after the date
fixed for redemption, and they shall not be regarded as being outstanding except for the purpose
of being paid with the funds so provided for such payment.
HOU:2516661.4
B-3
THIS OBLIGATION IS TRANSFERABLE only upon presentation and surrender at the
principal corporate trust office of the Paying Agent/Registrar, accompanied by an assignment
du1y executed by the Registered Owner or its authorized representative, subject to the terms and
conditions of the Ordinance.
THIS OBLIGATION IS EXCHANGEABLE at the principal corporate trust office of the
Paying Agent/Registrar for a Obligation or Obligations of the same maturity and interest rate and
in the principal amount of $100,000 or any integral mu1tiple of $5,000 in excess thereof, subject
to the terms and conditions of the Ordinance.
THE CITY OR PAYING AGENT/REGISTRAR may require the Registered Owner of
any Obligation to pay a sum sufficient to cover any tax or other governmental charge that may be
imposed in connection with the transfer or exchange of a Obligation. Any fee or charge of the
Paying Agent/Registrar for a transfer or exchange shall be paid by the City.
THE REGISTERED OWNER of this Obligation by acceptance hereof, acknowledges
and agrees to be bound by all the terms and conditions of the Ordinance.
IT IS HEREBY DECLARED AND REPRESENTED that this Obligation has been duly
and validly issued and delivered; that all acts, conditions and things required or proper to be
performed, exist and to be done precedent to or in the issuance and delivery of this Obligation
have been performed, exist and have been done in accordance with law; that the Obligations do
not exceed any constitutional or statutory limitation; and that annual ad valorem taxes sufficient
to provide for the payment of the interest on and principal of this Obligation, as such interest
comes due and such principal matures, have been levied and ordered to be levied, within the
limits prescribed by law, against all taxable property in the City and have been irrevocably
pledged for such payment.
REFERENCE IS HEREBY MADE TO THE ORDINANCE, a copy of which is filed
with the Paying Agent/Registrar, for the full provisions thereof, to all of which the Registered
Owners of the Obligations assent by acceptance of the Obligations.
B-4
HOU:2516661.4
* * *
FORM OF COMPTROLLER'S REGISTRATION CERTIFICATE
The following form of Comptroller's Registration Certificate shall be attached or affixed
to each of the Obligations initially delivered:
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS
THE STATE OF TEXAS
~
~
~
REGISTER NO.
I hereby certify that this bond has been examined, certified as to validity and approved by
the Attorney General of the State of Texas, and that this bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
WITNESS MY SIGNATURE AND SEAL OF OFFICE this
(SEAL)
Comptroller of Public Accounts
of the State of Texas
* * *
FORM OF PAYING AGENTIREGISTRAR'S AUTHENTICATION CERTIFICATE
The following form of authentication certificate shall be printed on the face of each of the
Obligations:
AUTHENTICATION CERTIFICATE
This Obligation is one of the Obligations described in and delivered pursuant to the
within mentioned Ordinance; and, except for the Obligations initially delivered, this Obligation
has been issued in exchange for or replacement of a Obligation, Obligations, or a portion of a
Obligation or Obligations of an issue which originally was approved by the Attorney General of
the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Wachovia Bank, Austin, Texas
as Paying AgentlRegistrar
By
Authorized Signature
Date of Authentication:
B-5
HOU:2516661.4
* * *
FORM OF ASSIGNMENT
The following form of assignment shall be printed on the back of each of the Obligations:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(Please print or type name, address, and zip code of Transferee)
(Please insert Social Security or Taxpayer Identification Number of Transferee)
the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer such bond on the books kept for
registration thereof, with full power of substitution in the premises.
DATED:
Signature Guaranteed:
NOTICE: Signature must be guaranteed
by a member firm of the New York Stock
Exchange or a commercial bank or trust
company.
Registered Owner
NOTICE: The signature above must
correspond to the name of the Registered
Owner as shown on the face of this bond in
every particular, without any alteration,
enlargement or change whatsoever.
* * *
B-6
HOU:2516661.4
EXHIBIT C
PAYING AGENTIREGISTRAR AGREEMENT
HOU:2516661.4
PASSED AND ADOPTED this December 12,2005.
ATTEST
(SEAL)
Exhibits:
Exhibit A - Description of Property
Exhibit B - Form of Obligation
Exhibit C - Paying Agent/Registrar Agreement
Exhibit D - Investor Letter
HOU :2516661.3
CITY OF LA PORTE, TEXAS
~L~
Mayor
S-l
PAYING AGENTIREGISTRAR AGREEMENT
THIS PAYING AGENT/REGISTRAR AGREEMENT dated as of January 1, 2006
(together with any amendments or supplements hereto, the "Agreement") is entered into by and
between the CITY OF LA PORTE, TEXAS (the "City"), and WACHOVIA BANK,
NATIONAL ASSOCIATION, AUSTIN, TEXAS, as paying agent/registrar (together with any
successor in such capacity, the "Bank").
WITNESSETH:
WHEREAS, the City has duly authorized and provided for the issuance of its City of La
Porte, Texas, Public Property Finance Contractual Obligations, Series 2006 (the "Obligations")
to be issued as fully registered obligations.
WHEREAS, all things necessary to make the Obligations the valid obligations of the
City, in accordance with their terms, will be done upon the issuance and delivery thereof;
WHEREAS, the City and the Bank wish to provide the terms under which the Bank will
act as Paying Agent to pay the principal of, redemption premium, if any, and interest on the
Obligations, in accordance with the terms thereof, and under which the Bank will act as Registrar
for the Obligations; and
WHEREAS, the City and the Bank have duly authorized the execution and delivery of
this Agreement; and all things necessary to make this Agreement the valid agreement of the
parties, in accordance with its terms, have been done.
NOW, THEREFORE, it is mutually agreed as follows:
ARTICLE I.
APPOINTMENT OF BANK AS
PAYING AGENT AND REGISTRAR
Section 1.1. Appointment.
The City hereby appoints the Bank to act as Paying Agent with respect to the Obligations,
to pay to the Registered Owners of the Obligations, in accordance with the terms and provisions
of this Agreement and the Ordinance, the principal of, redemption premium, if any, and interest
on all or any of the Obligations.
The City hereby appoints the Bank as Registrar with respect to the Obligations.
The Bank hereby accepts its appointment, and agrees to act as Paying Agent and
Registrar with respect to the Obligations.
HOU:2S19047.2
Section 1.2. Compensation.
As compensation for the Bank's services as Paying Agent/Registrar, the City hereby
agrees to pay the Bank the fees set forth in the Bank's fee schedule attached as Exhibit A hereto.
The Bank reserves the right to amend the fee schedule at any time, provided the Bank shall have
furnished the City with a written copy of such amended fee schedule at least 75 days prior to the
date that the new fees are to become effective.
ARTICLE II.
DEFINITIONS
Section 2.1. DefInitions.
For all purposes of this Agreement, except as otherwise expressly provided or unless the
context otherwise requires:
"Bank" means Wachovia Bank, National Association, Austin, Texas, a commercial bank
duly organized and existing under the laws of the United States of America.
"Obligation" or "Obligations" means anyone or all of the "City of La Porte, Texas,
Public Property Finance Contractual Obligations, Series 2006" authorized by the Ordinance.
"City" means the City of La Porte, Texas, and, where appropriate, its City Council.
"Ordinance" means the ordinance adopted by the City Council of the City authorizing the
issuance of the Obligations.
"Paying Agent" means Wachovia Bank, National Association, Austin, Texas.
"Person" means any individual, corporation, partnership, joint venture, association, joint
stock company, trust, unincorporated organization or government or any agency or political
subdivision of a government or any entity whatsoever.
"Registrar" means the Bank when it is performing the function of registrar.
"Registered Owner" means the Person in whose name any Obligation is registered in the
books of registration maintained by the Bank under this Agreement.
All other capitalized terms shall have the meanings assigned to them in the Ordinance.
ARTICLE III.
DUTIES OF THE BANK
Section 3.1. Initial Delivery of the Obligations.
The Obligations will be initially registered and delivered by the Bank to the purchaser
designated by the City as set forth in the Ordinance. If such purchaser delivers a written request
2
HOU:2519047.2
to the Bank not later than five business days prior to the date of initial delivery, the Bank will, on
the date of initial delivery, exchange the Obligations initially delivered for Obligations of
authorized denominations, registered in accordance with the instructions in such request and the
Ordinance.
Section 3.2. Duties of Paying Agent.
As Paying Agent, the Bank shall, provided adequate funds have been provided to it for
such purpose by or on behalf of the City, timely pay on behalf of the City the principal of and
interest on each Obligation in accordance with the provisions of the Ordinance.
If the issue is to be Depository Trust Company (DTC) eligible, the Paying Agent will
comply with all eligibility requirements as outlined and agreed upon in the eligibility
questionnaire.
Section 3.3. Duties of Registrar.
The Bank shall provide for the proper registration of the Obligations and the timely
exchange, replacement and registration of transfer of the Obligations in accordance with the
provisions of the Ordinance. Any changes to Registered Owners for such exchange, replacement
and registration shall be made by the Bank only in accordance with the Ordinance. The Bank
will maintain the books of registration in accordance with the Ordinance and the Bank's general
practices and procedures in effect from time to time.
Section 3.4. Unauthenticated Obligations.
The City shall provide an adequate inventory of unauthenticated Obligations to facilitate
transfers. The Bank covenants that it will maintain such unauthenticated Obligations in
safekeeping and will use reasonable care in maintaining such Obligations in safekeeping, which
shall be not less than the care it maintains for debt securities of other government entities or
corporations for which it serves as registrar, or which it maintains for its own bonds.
Section 3.5. Reports.
Upon request of the City, the Bank will provide the City reports which will describe in
reasonable detail all transactions pertaining to the Obligations and the books of registration for
the period of time specified by the City. The City may also inspect and make copies of the
information in the books of registration and such other documents related to the Obligations and
in the Bank's possession at any time the Bank is customarily open for business, provided that
reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information
into written form.
The Bank will not release or disclose the content of the books of registration to any
person other than to, or at the written request of, an authorized officer or employee of the City,
except upon receipt of a subpoena, court order or as otherwise required by law. Upon receipt of
a subpoena, court order or other lawful request, the Bank will notify the City immediately so that
the City may contest the subpoena, court order or other request if it so chooses.
3
HOU:25 19047.2
Section 3.6. Canceled Obligations.
All Obligations surrendered for payment, redemption, transfer, exchange or replacement,
if surrendered to the Bank, shall be promptly canceled by it and, if surrendered to the City, shall
be delivered to the Bank and, if not already canceled, shall be promptly canceled by the Bank.
The City may at any time deliver to the Bank for cancellation any Obligations previously
authenticated and delivered which the City may have acquired in any manner whatsoever, and all
Obligations so delivered shall be promptly canceled by the Bank. All canceled Obligations held
by the Bank shall be destroyed and evidence of such destruction shall be furnished to the City.
Section 3.7. Reliance on Documents, Etc.
(a) The Bank may conclusively rely, as to the truth of the statements and correctness
of the opinions expressed therein, on certificates or opinions furnished to the Bank by the City.
(b) The Bank shall not be liable to the City for actions taken under this Agreement as
long as it acts in good faith and exercises due diligence, reasonableness and care, as prescribed
by law, with regard to its duties hereunder.
(c) This Agreement is not intended to require the Bank to expend its own funds for
performance of any of its duties hereunder.
(d) The Bank may exercise any of the powers hereunder and perform any duties
hereunder either directly or by or through agents or attorneys.
Section 3.8. Money Held by Bank.
Money held by the Bank hereunder shall be held in trust for the benefit of the Registered
Owners of the Obligations.
The Bank shall be under no obligation to pay interest on any money received by it
hereunder.
All money deposited with the Bank hereunder shall be secured in the manner and to the
fullest extent required by law for the security of funds of the City.
Any money deposited with the Bank for the payment of the principal of or interest on any
Obligations and remaining unclaimed by the Registered Owner after the expiration of three years
from the date such funds have become due and payable shall be reported and disposed of by the
Bank in accordance with the provisions of Texas law including, to the extent applicable, Title 6
of the Texas Property Code, as amended. To the extent such provisions of the Property Code do
not apply to the funds, such funds shall be paid by the Bank to the City upon receipt of a written
request therefor from the City. The Bank shall have no liability to the Registered Owners of the
Obligations by virtue of actions taken in compliance with the foregoing provision.
4
HOD :251904 7.2
ARTICLE IV.
MISCELLANEOUS PROVISIONS
Section 4.1. May Own Obligations.
The Bank, in its individual or any other capacity, may become the owner or pledgee of
Obligations with the same rights it would have if it were not the Paying Agent and Registrar for
the Obligations.
Section 4.2. Amendment.
This Agreement may be amended only by an agreement in writing signed by both of the
parties hereof.
Section 4.3. Assi~nment.
This Agreement may not be assigned by either party without the prior written consent of
the other.
Section 4.4. Notices.
Any request, demand, authorization, direction, notice, consent, waiver or other document
provided or permitted hereby to be given or furnished to the City or the Bank shall be mailed or
delivered to the City or the Bank, respectively, at the addresses shown herein, or such other
address as may have been given by one party to the other by 15 days' written notice.
Section 4.5. Effect of Headings.
The Article and Section headings herein are for convenience only and shall not affect the
construction hereof.
Section 4.6. Successors and Assigns.
All covenants and agreements herein by the City and the Bank shall bind their successors
and assigns, whether so expressed or not. This Agreement shall not be assigned by the Bank
without the prior written consent of the City.
Section 4.7. Severability.
If any provision of this Agreement shall be invalid or unenforceable, the validity and
enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
Section 4.8. Benefits of Agreement.
Nothing herein, express or implied, shall give to any Person, other than the parties hereto
and their successors hereunder, any benefit or any legal or equitable right, remedy or claim
hereunder.
5
HOU:25 19047.2
Section 4.9. Ordinance Govern Conflicts.
This Agreement and the Ordinance constitute the entire agreement between the parties
hereto relative to the Bank acting as Paying Agent and Registrar and if any conflict exists
between this Agreement and the Ordinance, the Ordinance shall govern. The Bank agrees to be
bound by the terms of the Ordinance with respect to the Obligations.
Section 4.10. Term and Termination.
This Agreement shall be effective from and after its date and may be terminated for any
reason by the City or the Bank at any time upon 60 days' written notice; provided, however, that
no such termination shall be effective until a successor has been appointed and has accepted the
duties of the Bank hereunder. In the event of early termination, regardless of circumstances, the
Bank shall deliver to the City or its designee all funds, Obligations and all books and records
pertaining to the Bank's role as Paying Agent and Registrar with respect to the Obligations,
including, but not limited to, the books of registration.
Section 4.11. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be
an original, with the same effect as if the signatures thereto and hereto were upon the same
instrument.
Section 4.12. Governing Law.
This Agreement shall be construed in accordance with and shall be governed by the laws
of the State of Texas.
6
HOU:2519047.2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
ATTEST:
(SEAL)
HOU:2519047.2
CITY OF LA PORTE, TEXAS
By: ~?~~
Alton E. Porter, Mayor
ADDRESS: 604 West Fairmont Parkway
La Porte, Texas 77571
W ACHOVIA BANK, NATIONAL ASSOCIA nON
By:
Title:
ADDRESS: 98 San Jacinto Blvd., Suite 850
Austin, Texas 78701
Attn: Corporate Trust Department
S-l
EXHIBIT D
INVESTOR LETTER
HOD :2516661.4
GENERAL CERTIFICATE
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
~
~
~
We, the undersigned officers of the City of La Porte, Texas (the "City"), do hereby make and
execute this certificate for the benefit of the Attorney General of the State of Texas and all other persons
interested in the CITY OF LA PORTE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL
OBLIGATIONS, SERIES 2006, dated as of January 1, 2006 (the "Obligations"), now in the process of
issuance, as follows:
(1) The City is a home rule municipality operating under its own charter, which has not been
amended, repealed, changed or altered since the date of approval by the Attorney General of the State of
Texas of the most recent obligations issued by or on behalf of the City.
(2) From December 12, 2005, to the date hereof, the following individuals have been the
duly elected and qualified Mayor and City Council of the City holding the offices opposite their names:
Alton E. Porter
Peter Griffiths
Barry Beasley
Mike Mosteit
Chuck Engelken
Howard Ebow
Tommy Moser
Louis Rigby
Mike Clausen
Mayor
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
(3) From December 12,2005, to the date hereof, Martha Gillette has been the duly appointed
and qualified City Secretary of the City.
(4) Attached to this certificate as Exhibit A is a true, full and correct debt service schedule
for all of the City's outstanding tax-supported debt, including the Obligations. The principal amount of
the City's total outstanding tax-supported debt, including the Obligations, is $
(5) The currently effective ad valorem tax appraisal roll of the City (the "Tax Roll") is the
Tax Roll prepared and approved during the calendar year 2005, being the most recently approved Tax
Roll of the City; the taxable property in the City has been appraised, assessed and valued as required and
provided by the Texas Constitution and Property Tax Code (collectively, "Texas law"); the Tax Roll for
the year has been submitted to the City Council of the City as required by Texas law, and has been
approved and recorded by the City Council; and according to the Tax Roll for the year, the net aggregate
taxable value of taxable property in the City (after deducting the amount of all applicable exemptions
required or authorized under Texas law), upon which the annual ad valorem tax of the City has been or
will be imposed or levied, is $
[Signature Page Follows.]
HOU:2525728.1
SIGNED AND SEALED this 12th day of December, 2005.
CITY OF LA PORTE, TEXAS
BY:~Y~
Alton E. Porter, Mayor
ATTEST:
~ liml
ll. j
Martha illette, City Secretary
(SEAL)
[Signature Page]
HOU:2525728.!
EXHIBIT A
DEBT SERVICE SCHEDULE FOR ALL OF THE CITY'S OUTSTANDING
TAX-SUPPORTED DEBT
HOU :2525728.1
SIGNED AND SEALED this 12th day of December, 2005.
CITY OF LA PORTE, TEXAS
By:~~7~
Alton E. Porter, Mayor
ATTEST:
0Y1~ ~
Martha Gillette, ity Secretary
(SEAL)
[Signature Page]
HOU:2525728.1
SIGNATURE IDENTIFICATION AND
NO-LITIGATION CERTIFICATE
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
~
~
~
We, the undersigned officers of the City of La Porte, Texas (the "City"), certify that we
officially signed, by our manual or facsimile signatures, on behalf of the City, the following
described obligations, to wit:
CITY OF LA PORTE, TEXAS, PUBLIC PROPERTY FINANCE
CONTRACTUAL OBLIGATIONS, SERIES 2006, dated January 1, 2006 (the
"Obligations").
That the Obligations have been duly and officially executed by the undersigned with their
manual or facsimile signatures in the same manner appearing hereon, and the undersigned hereby
adopt and ratify their respective signatures in the manner appearing on each of the Obligations,
whether in manual or facsimile form, as the case may be, as their own signatures.
That on the date of such signing and on the date hereof, we were and are the duly chosen,
qualified and acting officers authorized to execute the Obligations, and holding the official titles
set forth below opposite such signatures.
We further certify that no litigation is pending or, to our knowledge, threatened in any
court to restrain or enjoin the issuance or delivery of the Obligations, or the levy, collection or
application of the ad valorem taxes pledged or to be pledged to pay the principal of and interest
on the Obligations, or the pledge thereof, or in any way contesting or affecting the validity of the
Obligations, the ordinance dated December 12,2005, authorizing the issuance, sale and delivery
of the Obligations (the "Ordinance"), or contesting the powers of the City or the authorization of
the Obligations or the Ordinance.
We further certify that the seal that has been impressed, or placed in facsimile, upon each
of the Obligations is the legally adopted, proper and only official seal of the City, such official
seal being impressed upon this certificate.
We further certify that no petition or other request has been filed with or presented to any
official of the City requesting that any of the proceedings authorizing the Obligations be
submitted to a referendum or other election.
We further certify that the information and data contained in the General Certificate dated
December 12,2005, remain true and correct as of this date.
t
HOU :2525788.1
WITNESS OUR HANDS AND TIIE SEAL OF TIIE CITY this /J;i If Ik 6?d/'t{J
, 2006.
SIGNATURES
TITLE OF OFFICE
~:-p~
Alton E. Porter, Mayor
City of La Porte, Texas
,-111 f!jjjr[, ~14
Martha Gillette, City Secretary
City of La Porte, Texas
(CITY SEAL)
Before me, on this day personally appeared the foregoing individuals, known to me to be
the persons whose names were subscribed in my presence to the foregoing instrument.
Given under my hand and seal of office this I
WOftM Sf_lION
__ CommIIIlon ....
0Ct0tler 21. 2GOt
~ JJJu,hl4J~)
Otary Public
Typed or Printed Name:
jVOkJtJE 6AJ!J2.JSDJJ
,"'
@
My Commission Expires:
()f!tMLvv JK) rtDCA
(Notary Seal)
~.
HOU:2525788.I
CLOSING CERTIFICATE
CITY OF LA PORTE, TEXAS
PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS
SERIES 2006
STATE OF TEXAS ~
COUNTY OF HARRIS ~
CITY OF LA PORTE ~
I, the undersigned, Mayor of the City of La Porte, Texas (the "Issuer"), acting solely in
my official capacity, hereby certify as follows:
1. the representations and warranties of the Issuer contained in the ordinance (the
"Ordinance") authorizing the issuance of the Issuer's Public Property Finance
Contractual Obligations, Series 2006 (the "Obligations") are true and correct in all
material respects on and as of this date as if made on this date;
2. no litigation or proceeding or tax challenge against the Issuer is pending or, to my
knowledge, threatened in any court or administrative body nor is there a basis for
litigation which would (a) contest the right of the council members or officials of the
Issuer to hold and exercise their respective positions, (b) contest the due organization
and valid existence of the Issuer, (c) contest the validity, due authorization and
execution of the Obligations or the Ordinance or (d) attempt to limit, enjoin or
otherwise restrict or prevent the Issuer from assessing, levying or collecting the taxes
pledged or to be pledged to pay the principal of and interest on the Obligations, or the
pledge thereof;
3. the Ordinance has been duly adopted by the Issuer, is in full force and effect and has
not been modified, amended or repealed; and
4. there has not been any material adverse change in the financial condition of the Issuer
since September 30, 2004, the latest date as of which audited financial information is
available.
[Signature page follows.)
HOU:2525801.1
EXECUTED ON BEHALF OF THE ISSUER as of January 25, 2006.
Ci~iv~
Name: Alton E. Porter
Title: Mayor
2
HOU:2525801.1
M
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 12. 2005
Appropriation
Requested By: John Joerns
Source of Funds:
Department:
Administration
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Exhibits:
Harris County Appointment
Budgeted Item: YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
On October 25,2005, the Commissioners Court of Harris County approved the reappointment of Lindsey R. Pfeiffer
to the Board of Directors of the Tax Increment Reinvestment Zone #1.effective November 1,2005 through October
31,2007. This appointment automatically places Mr. Pfeifer on the La Porte Redevelopment Authority.
The City of La Porte normally ratifies the appointment from Harris County.
Action Reauired bv Council:
Approve Ordinance ratifying the reappointment of Mr. Pfeiffer by Harris County.
/d-~~ --{)S-
Date
ORDINANCE NO. 2004-2782-I
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:
. Indicates reappointment
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 2007
Position 2 Dave Turnquist 2006
Position 3 Alton Porter 2007
Position 4 Horace Leopard 2006
Position 5 Doug Martin 2007
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
(LPISD)
2007
Position 9 *Lindsay Pfeiffer (Harris Co.) 2007
Section 3. The City Council of the City of La Porte hereby
makes the following appointments to the Chapter 172 Employee
Retiree Insurance and Benefi ts Commi ttee, 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
Retiree Participant -
Employee Participant-
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
Patricia Rothermel 2007
Kimberly Meismer 2006
Buddy Jacobs 2008
Karen Beerman No Term
Michael Dolby No Term
Robert Swanagan No Term
Clark T. Askins No Term
appointed and qualified:
Chairman
Chuck Engelken
Date Appointed
1998
2
Committee Member - Barry Beasley 2004
Committee Member - Howard Ebow 1998
Alternate Membe r - Louis Rigby 2004
Alternate Member - Tommy Moser 2004
Section 5. The City Council of the City of La Porte hereby
makes the following appointments to the Fire Code Review Board 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 Tim Bird 2008
Jeff Brown 2006
Woodrow Sebesta 2006
Floyd Craft 2006
Jim Bridge 2006
Lester Clark 2008
Bryan Moore 2006
Paul Vige 2008
Lynn Green 2006
The City Council of the City of La Porte hereby
District 2
District 3
District 4
District 5
District 6
At Large-A
At Large-B
Mayor
Section 6.
makes the following appointments to the La Porte Area Water
Authority, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
Position 1 Robert Roy 2007
Position 2 Dennis H. Steger 2007
Position 3 Steve Valarius 2007
Position 4 Ches ter Pool 2006
3
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
the City of La Porte, and no more than four of whom are elected
ci ty 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 2007
Mike Clausen 2006
Tommy Moser 2007
Bill Love 2006
Ed Matuszak 2007
Pat Muston 2006
Deborah Johnson 2007
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. 2008
Alternate Robert D. Johnston, M.D. 2008
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
,
4
indicated, or until their
appointed and qualified:
Position 1
successors
shall
have
been
duly
Peggy Antone 2007
Dave Turnquist 2006
Alton Porter 2007
Horace Leopard 2006
Douglas Martin 2007
J.J. Meza 2006
Vacant 2007
Chester Pool 2006
*Lindsay R. Pfeiffer, Chairman 2007
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 2
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9
Section 10.
Position 7
Position 8
Position 9
Pat Muston
Gloria Lair
Brenda Brown
No Term
No Term
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,
5
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Position 1- Deborah Johnson 2008
Position 2- Vicki Campise 2008
Position 3- April Crone 2008
Position 4- Bill Manning 2006
Position 5- Jerry Carpenter 2006
Position 6- Gerald Metcalf 2006
Position 7- Paul Pierre 2006
Position 8- Michaelyn Dunaway 2007
Position 9- Claire Zaborowski 2007
Position 10 Jan Lawler 2007
Position 11 Lawrence McNeal 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:
Chairman Pat Muston 2006
District 1 Doretta Finch 2008
District 2 Nick Barrera 2006
6
District 3 Kirby Linscombe, Jr. 2006
District 4 Dottie Kaminiski 2007
District 5 Paul Berner 2007
District 6 Claude Meharg 2008
Alternate 1 Hal Lawler 2007
Alternate 2 Les Bird 2008
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 8 Brandon C. Lunsford 2005
Position 9 Pierre N. Castillo 2005
Position 10 LaSadra M. Hillman 2005
Position 11 Margo R. Curette 2005
7
Position 12 Marc R. Vanderbrink 2005
Position 13 Carol Parmer 2005
Position 14 Mia Parisi 2005
Position 15 Taylor Ryan Rowan 2005
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
Adjustment, for terms expiring on August 31st of
indicated, or until their successors shall have
appointed and qualified:
Position 1
Board of
the year
been duly
Position 2
Position 3
Sidney Grant
Bob Capen
Rod Rothermel
2007
2007
2007
Position 4 Charles Schoppe 2007
Position 5 George (Bill) W. Maltsberger 2007
Alternate 1 Lawrence McNeal 2006
Alternate 2 Gilbert Montemayor 2006
Section 16. 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
8
31st of the year indicated, or until their successors shall have
been duly appointed and qualified:
Position 1 Torn Campbell 2007
Position 2 Terry Bunch 2007
Position 3 Paul Larson 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 2007
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 ordinances in
conflict herewith are repealed to the extent of such conflict
only.
9
Section 20.
The City Council officially finds, determines,
reci tes, 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 21. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 12TH day of December, 2005.
By:
~.y O~ ~~. PO.RTE
. ~-\-
. .\~
Alton E. Porter
Mayor
ATTEST:
'jJj1l#~il~t(ivjj
City Secretary
AP~ROV D:
.~/~
Cl . Askins '
Assistant City Attorney
10
.
Sylvia R. Garcia
Commissioner
Downtown Otllce
1001 Preston, Suite 950
Houston, TX 77002
Tel: 713.755.6220
Fax: 713.755.8810
Baytown Annex
701 W. Baker Road,
SUite 104
Baytown, TX 77521
Tel: 281.427.7311
Fax: 281.837.1290
Clear Lake Annex
16603 Buccaneer Lane
Suite 1 00,
Houston, TX 77062
Tel: 281.488.4678
Fax: 281.286.7450
Raul C. Martinez Anne)
1001 S. Sgt. Macallo
Garcia Dr., Suite 102
Houston, IX 77011
Tel: 713.924.3975
Fax: 713.924.3971
Jim Fontana Annex
14350 Wallisvllle Road
Houston, IX 77049
Tel: 713.455.8104
Fax: 713.451.6714
Kyle Chapman
Pasadena Annex
7330 Spencer Hwy
Pasadena, TX 77505
Tel: 281.479.7770
Fax: 281.479.3075
~rr-~--[--lj
Ii ~~r----
Uu \ NOV 8 2005
LAssT. c,,y,,iA'iAGER' lilECe'VEoy~. _
C;:F',C~_ -------,; NOV 0 1 2005 kVl S
cITV S&CR~TARY'S
OFPICI!
t(: <:f~
October 28, 2005
Alton E. Porter, Mayor
City of La Porte
604 W. Fairmant Parkway
La Porte, Texas 77571
RE: City of La Porte TIRZ #1
Dear Mayor Porter:
For your records, enclosed is your copy of the Commissioners Court approved court
letter regarding the reappointment of Lindsey R. Pfeiffer to the Board of Directors of
the City of La Porte Tax Increment Reinvestment Zone #1 by Commissioner Sylvia R.
Garcia effective November 1,2005 through October 31,2007.
Should you have any questions regarding this appointment, please call me at
713.755.6220. -
Sincerely,
~~q~
Gloria E. Moreno
Agenda Director
GEM/cm
enclosures
c: Lindsey R. Pfeiffer
On this the 25th day of October, 2005, the Commissioners Court of Harris County, Texas, sitting as the
governing body of Harris County, at a regular meeting of the Court, upon motion of Commissioner
Eversole, seconded by Commissioner Lee, duly put and unanimously carried,
IT IS ORDERED that Lindsey R. Pfeiffer be re-appointed to the City of LaPorte Tax Increment
Reinvestment Zone # 1 effective November 1, 2005 through October 31, 2007.
The vote of the Court on the above Motion was as follows:
AYES:
NOES:
ABSTENTIONS:
Five (Judge Eckels, Commissioners Lee, Garcia, Radack and Eversole)
None
None
Presented to Commissioner's Court
OCT 2 5 2005
APPROVE
Recorded Vol_ Page
>~
--
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: December 12. 2005
Requested By: Wayne ~
Department: Planninl!
Source of Funds:
NA
Account Number:
NA
Amount Budgeted: NA
Report: _Resolution: _Ordinance: _X_
Exhibits:
Ordinance
Aerial Map
P&Z Staff Report
Site Plan
SUMMARY
On November 17,2005, the Planning and Zoning Commission considered Special Conditional Use Permit #SCU05-
007 for Phase 11 of Underwood Business Park, to be located along Old Underwood Road south of State Highway
225 and Union Pacific Railroad. Clay Development and Construction Inc. (a designlbuild firm) is seeking a permit
for the construction of a 432,000 square foot office/warehouse building to be named "Packwell", and a 900,000
square foot building to be used as a Distribution Center along Old Underwood Road. Each additional phase of the
project would require subsequent Special Conditional Use Permits (SCUPs). Each Plat or Site Plan submittal would be
approved separately.
This site consists of approximately 207 acres located to the south of State Highway 225, Union Pacific Railroad, and
Battleground Industrial Park located at 101 Old Underwood Road. At the site in question, the developer is proposing
office/warehouses and a Distribution Center. Associated detention was constructed in Phase I. The first phase of the
business park development started in May, 2005 with a project known as "Poly One". The primary access to the park is
along Porter Road, a 60' ingress/egress and utility easement, with access on Old Underwood Road. Future development
will be proposed on other reserves as additional clients are identified. This facility will be partially rail served at a later
date.
The City's Comprehensive Plan intends for this area to develop with industrial uses, and the existing land uses of nearby
properties are primarily industrial. This development borders Houston Associates and S.H. 225 to the North, Old
Underwood Road to the West, a 150' Centerpoint Energy Easement (Planned Unit Development) to the South, and
Union Pacific Railroad/S.H. 225 to the East. This area is sufficiently buffered for the commerciaVindustrial nature of
development.
Staff feels this project may have a positive impact on economic development within the City of La Porte. Based on
the above analysis, staff recommends approval of the Special Conditional Use Permit with conditions listed in the SCUP.
Public Notices were mailed to six (6) property owners, and no responses were received. By unanimous vote, the
Planning and Zoning Commission recommended approval of Special Conditional use Permit #SCU 05-007.
Action Required bv Council:
1. Conduct a Public hearing.
2. Consider a Planning and Zoning Commission recommendation to approve Special Conditional Use Permit
#SCU 05-007 for a 65 acre tract out of :t207 acres of land located along Old Underwood Road south of
State highway 225 and Union Pacific Railroad.
Approved for City Council Al!enda
~~/J
/d-5-j5
Date
ORDINANCE NO. 1501- V If
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER
106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA
PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU05-007 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 65 ACRE TRACT OUT OF :t207 ACRES
OF LAND (ALONG OLD UNDERWOOD ROAD SOUTH OF STATE HIGHWAY 225 AND UPRR) IN
THE ENOCH BRINSON SURVEY, ABSTRACT - 5, LA PORTE, HARRIS COUNTY, TEXAS FOR THE
PURPOSE OF DEVELOPING BUSINESS PARK PHASE II OF THE PROJECT IN A PLANNED UNIT
DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED 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 of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 1 ih day of November, 2005, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas,
pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government
Code, to consider the question and the possible reclassification of the zoning classification of
the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A",
and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice
of Public Hearing, which the City Council of the City of La Porte hereby finds was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
"Section 2.
The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3.
On November 17, 2005, the Planning and Zoning Commission of the City
of La Porte met in regular session to consider changes in classification, which were the subject
of such public hearing. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning and Zoning Commission, by letter dated on
the 18th day of November, 2005, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
ORDINANCE NO. 1501- 'J i
Page 2
"Section 4.
Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 1ih day of December, 2005, at 6:00 p.m., and pursuant to due
notice, to consider the recommendation of the Planning and Zoning Commission regarding the
possible reclassification of the zoning classification of the hereinafter described parcels of land.
There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a
part hereof for all purposes, a copy of the notice of public hearing.
"Section 5.
The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes.
"Section 6.
The conditions of the said Special Conditional Use Permit are as set forth
in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached
hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special
Conditional Use Permit are as follows, to-wit:
65 acre tract out of :t207 acres of land located along Old Underwood Road south of State
Highway 225 and UPRR; the Enoch Brinson Survey, Abstract-5, City of La Porte, Harris County,
Texas.
"Section 7.
The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares
that the amendments to the City of La Porte Zoning Map and Classification contained in this
Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives
stated in the City of La Porte's Comprehensive Plan.
"Section 8.
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
ORDINANCE NO. 1501- \J 4-
Page 3
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 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the Id.--{l day of ..12!:L::.., 2005.
CITY OW PORTE ~
By: v.lli..-L.. \'~
ALTON PORTER, Mayor
ATTEST:
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 17th
day of November, 2005, in the Council Chambers of the City Hall, 604 West Fairmont Parkway,
La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request
#SCU05-007, which has been requested for a tract containing 65 acres in the F. A. STAASHEN
Subdivision out of the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. The
property is located along Old Underwood Road south of S.H. 225. The Clay Development &
Construction Inc., is seeking approval of a permit for the development of proposed Underwood
Business Park Phase II of the project. This phase of the development will be warehouse and
distribution facilities in the park. A Special Conditional Use Permit is required for the proposed
development to be located within a Planned Unit Development (P.U.D.), per Section 106-637 ofthe
Code of Ordinances of the City of La Porte.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of considering the public hearing item and to conduct other matters pertaining to the
Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be
taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings
should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030 for further information.
.;_KHIBH .,-:11.
UnderwOod Business Pari<
. "E.,base /I of the projeqt.
This phase of the
. In.. acE()roancedevelopment will be
.....Uh .. the proviSions, of warehouse and
Sectlon 106-171.pfthedistributiOn facilities In.the
Code of OrdinanceS of the park. A Special
,City of la Porte, and the Conditional Use f>ermit is
piovlslonsofthe Texas required for the proposed
LOCal". Government Code, ' development to be Ioc:~ted
nolice~ hereby given that . within a Planned ;~Unit
the lEi Eolt~P!annlng and Oevelopment(p'!J.[).}:.J>~r
Zoning Qommission . will Secii?n 1 06~637Af.'t!1~
'~.aPutJ/lc hearing . Code,of Ordinances o(ttte
at~:Q()p'M.ion the111h 'CityofL8 Porte. "';',; .
.~ da~~ff\l(}vern~r,2qo~, in ,\ ....)..;;,;~.. ,.;
,t~e,C/)IJncl'i9hambers!Of Ai~4ler
i.t~~p~.!tfal/,,604 .....~~~=eti~w .~~~~
:tE~t'e8fkwaY~:'J~ '. "',>[19,.>..",
..;......."...;t.p.p'o...~. ':.~.........'.....:...'.. .,'......f,.elihJ.Xas:;~_..............'..' i. i,...n.....:...'.~......i....al.I...:,.'............'...., ':Jnr:t~~~t~i
> . '. . .... ....~~~ryg,' . t~,~!!S
:lCohdi." ... I .eiroli! }l~ring.!!te.~j, . , .~~te
kReqU.*. . . ... 7'~Ondyct'.,bthef:' ,.~rS
fuW~lctl~asb ,X~U~#~~. PElItairilnYJ . ,to ., th~
;for.Etti'act ~~)ail1~ . Commission." .
,\135,09S ~cresiryfflef,7A.;;" .'... '.
~ST AASHENSU6dMsioo,,'(,Cffiiel1S:
'l~\.-'-:_"':<;':' :':':"S;;: ":\':'_'_':'_~':' _ .';,_/_ : _",: ~_, "_'.j:;'!;,::..:-,
C ~l!M>:J~iii:'~;;:
~Ofi, _I~:/ is ,Martha Gillett,TF;tMC"
~e~n~:-~proV~1 of' a:',.;"" . ';;': J,
~r:mit,,:>fori;' .me .Cit}'~epre,tary",
I~VeloPmeni otpfOPoSed' : '". .... ..':;' . .
. . ..:~~{)! ;t~~a1vtr",
Karolyn Kellogg
NOTICE OF PUBUC
HEARING
'i~
281-471-1234
Fax: 281-471-5763
re SUD
I
hed authority, on this da~e
I K llogg a duly authorlzed
~n e , '. kl
ayshore Sun, a seml-wee. y
! generally distributed ln the
;s County, Texas and who after
Is the attached nO)ice/was __
Ire Sun dated It). 3 (), dOO~ .
r
19 -rH
~~orn and subscribed before me this ~
7/~ , 2005.
day of
~).~~
.
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
r> 'i' i Bil
,.",At"t
City of La Porte
Established 1892
November 18, 2005
Honorable Mayor Alton Porter and City Council
City of La Porte
Dear Mayor Porter:
The La Porte Planning and Zoning Commission held a public hearing on Special
Conditional Use Permit #SCU05-007 on November 17,2005. The applicant, Clay
Development and Construction, Inc., seeks approval of a proposed development for the
Underwood Business Park (Phase II) to be located along Old Underwood Road south of
State Highway 225 and UPRR.
The Planning and Zoning Commission, by unanimous vote (5-0), recommends that City
Council consider approval of a Special Conditional Use Permit #SCU05-007, with the
conditions as listed in the SCUP attached. This recommendation will be forwarded for
consideration by the City Council on December 12, 2005, for final disposition.
Respectfully Submitted,
(/Jdf;; ~.
Dottie Kaminski
Planning and Zoning Commission, Vice Chairperson
c: Debra B. Feazelle, City Manager
John Joerns, Assistant City Manager
Cynthia Alexander, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
v u);illl"t' d '.
';5.".~tl>~~8' V
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 12th day of December,
2005, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider Special Conditional Use Permit Request #SCU05-007, which
has been requested for a 65 acre tract out of approx. 207 acres in the F. A. STAASHEN
Subdivision, in the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. The
property is located along Old Underwood Road South of S.H. 225. The Clay Development &
Construction Inc., is seeking approval of a permit for the development of proposed Underwood
Business Park (phase II). This phase of the development will be warehouse and distribution
facilities in the Park. A Special Conditional Use Permit is required for the development to be
located within a Planned Unit Development (PUD) zone, per Section 106-637 of the Code of
Ordinances of the City of La Porte.
A regular meeting of the City Council will follow the public hearing for the purpose of
considering the public hearing item and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings
should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030 for further iriformation.
tXHIBtT'
, - -"
'out of approx.207 acres In
the F.A. STAASHEN Sub-
. divisioh"jn the Enoch.Brin-
(SoIlS~.ryey.,Abst@ct, 5.;La,
"e<;)I;!~.'d,.~~am~ ;( .9?H?ty.
T axas:\T~~pl'Operty .1,SICl-,
i: cated:along !J'9Id" uilder~'
820 S. ~;WOOd RQad;S()uthPtS.H.'
La Porte, ,~2:Mn~~~:~~~;j~:i
.is'~e~~i~~#pp!:o.val;~La . .
pen)litfor.th~ developinent'
oFiproposed"~!W~()d . .'...
TI1 ,Btisin~Pl\rki(~seJI).>'.
.........~....~..'.'~~....'p.'....':.,.... ),~:~.."..'.t.:~.wj~~tF.,..................'..'.'....~.'.".....'..............
,~i1C1distil61.1tl,on . ""~AL
;'lheP~11(};,~?~f' ,,;,;
,
,.-!
281-471-1234
Fax: 281-471-5763
authority, on this date
logg, a duly authorized
Sun, a semi-weekly
distributed in the
, Texas and who after
attached notice was
dated II /:<3 /t)S'
. ,
I
i
me this eJ2q-rJ-l
day of
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
aHIBit _~
This permit is issued to:
For Development of:
Legal Description:
Zoning:
Use:
Permit Conditions:
City of La Porte
Special Conditional Use Permit # SCU 05-007
Clav Development & Construction. Inc.
Owner or Agent
800 Gessner. Suite 850. Houston TX 77024
Address
Underwood Business Park (Packwell. 900K)
Development Name
Old Underwood Road and Porter Road
Address
65 acre tract out of 207 acres of land in the Enoch Brinson Survey.
Abstract 5. La Porte. Harris County. Texas.
Planned Unit Development (PUm
Warehousinq and distribution facilitv
Land Use:
. Land uses will be strictly commercial/industrial in nature. A further refinement
of industrial activity shall be approved by the City.
. Detention reserve shall be restricted for drainage purposes only. Any
modification or change of use shall be subject to the City approval.
. Zoning permit shall be required from the City for proposed use/activity at site.
Streets:
. All internal streets shall be constructed to the City's standards and remain private
streets. A note shall be added on the plans.
. Verify internal street connectivity and specify right-of-ways. The participation in
improvement of Old Underwood Road shall be required by the developer.
. Provide on-site improvements, loading and unloading ramps/bays that adequately handle
the volume associated with this scale of the warehousing and distribution facility.
Truck Circulation:
. The applicant shall ensure that the truck circulation will not cause congestion on the
streets and proper signage shall be installed to control vehicles turning southbound
on Underwood Road.
. Fire truck access, fire suppression requirements, and fire hydrant placement shall
be specified on the development site plans.
. A rail access, spur design, and UPRR approval shall be required prior to the
issuance of building permit.
Landscaping/Screen ing:
. Ensure that at least six percent of the property consists of landscaping and/or
screening. Landscaping calculations shall be added to the site plans.
. Provide detailed landscape and screening plans during site plan submittal. Allow
existing trees and shrubs to remain as natural buffer. Provisions of the Tree
Preservation and Tree Replacement per Section 106-801 and 106-802 shall be
applicable.
~HlBn
· Provide an irrigation system to ensure that all landscaping and screening is properly
maintained by the owner/developer.
. Development abutting residential district to the south shall be screened and
landscaped in compliance with required screening and landscaping provisions of the
zoning ordinance of the City. A site plan and/or separate plans shall be submitted in
conjunction with the building permit application.
Utilities/Detention:
· Submit construction drawings and/or profile for on & off-site utilities with capacities.
The tie-in of sanitary sewer and/or dedication of easement to the City for sanitary
sewer extension or lift station shall be indicated on the plans.
. A statement from the owner/developer specifying clear responsibility for
maintenance of detention basin system including channel/ditch shall be noted on
the plans.
Fire:
. The building shall be sprinklered in accordance to NFPA.
. The pressure test of the sprinkler system shall be witnessed by a representative of
the City's Fire Marshal office.
· A final flow/drain test shall be witnessed by a representative of the Fire Marshal's
office.
· Contact the Fire Marshal office 24 hours in advance to schedule the pressure and
the final flow/drain test.
. The sprinkler system shall be monitored off-site.
· Fire extinguishers shall be installed according to NFPA requirements and/or every
75 foot of travel.
· Smoke and/or heat venting shall be provided by engineering means and in
accordance to NFPA 204:7.1.
General:
· This SCUP outlines in general terms the proposed development in a Planned Unit
Development (PUD) zoning district. The developer recognizes and understands
that any future construction or development of the private or public improvements
anticipated by this SCUP and the Plan shall require further submittal and approval
of plats, site plans, construction drawings, engineering analysis, covenants, etc.
· Said submittals for this phase development shall be in accordance with this SCUP,
the approved plans, policies and code of ordinances of the City of La Porte.
· The Developer shall comply with all other applicable laws and ordinances of the City
of La Porte and the State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
--
OJ
~(lflj~ dI<<;
City Secretary
Staff Report
November 17,2005
ReQuested by:
ReQuested for:
Location:
Present Zonine::
ReQuested Use:
Backe:round:
Underwood Business Park
Special Conditional Use Permit #SCU 05-007
Clay Development & Construction Inc.
c/o Danny Martin
65.098 acre tract out of 206.990 acres of land in the Enoch Brinson
Survey, Abstract 5, described as parcel 1 under the Harris County
Clerk's File No. M032856, La Porte, Harris County, Texas.
Old Underwood Road and S.H. 225
Planned Unit Development (PUD)
Warehouse & Distribution Center (Phase II)
This site consists of approx. 207 acres located to the south of State
Highway 225 and the Battleground Industrial Park located at 101 Old
Underwood Road. At this time, the developer is proposing a warehouse
and distribution center on a 65-acre tract (reserves B and H of the
business park). The facility has an entrance along Old Underwood Road
access through Battleground Road and State Highway 225.
On January 20, 2005, Clay Development and Construction Inc.
submitted a General Plan and Special Conditional Use Permit
#SCU05-002 for development of Underwood Business Park, to
contain offices, warehousing and distribution center in a PUD zone.
The Planning and Zoning Commission recommended to City Council
approval of the General Plan and Special Conditional Use Permit
#SCU05-002. City Council, at their February 14, 2005, meeting,
approved the SCUP.
The subject property is zoned Planned Unit Development (PUD). The
PUD zoning assigned to this tract is largely based on the great amount
of undeveloped, unsubdivided acreage located in this area.
Development in a PUD zoning district requires that an application for
a general plan be filed and processed simultaneously with the Special
Conditional Use Permit.
The first phase of this project was initiated in May 2005 with the
development of Poly One Corporation to be located at 9710 Porter
Road, which is a private 60' ingress/egress and utility easements. This
office/warehouse facility consists of approximately 131,250 sq .ft. The
current request is for Phase II of the development consisting of a
423,870 sq.ft. building for "Packwell" and a 900K sq.ft building as
Underwood Distribution Center.
Underwood Business Park
Reserves B &H
11/17/05 P&Z Meeting
Page 2 of 4
Analvsis:
Conclusion!
Recommendations:
Section 106-659 of the Code of Ordinances establishes the following
criteria for review of the development projects within a P.U.D. zone.
Land Use - The City's Land Use Plan shows this area developing with
industrial uses. The existing land uses of nearby properties are primarily
industrial: the Battleground Industrial Park and the Battleground
Industrial District - Extra Territorial Jurisdiction of La Porte.
Transportation - The project is located near State Highway 225 and
Battleground Road, a primary arterial and major truck route. As a result,
this project provides more than adequate accessibility for circulation of
traffic. All the traffic entering/existing will be through Porter Road.
There should be very limited impact on traffic flow within the vicinity,
even after full implementation of the proposed project. In addition, the
traffic shall not be directed south of Underwood Road.
Topography - This area is relatively flat and stable and should not be
an obstacle to this type of development.
Utilities and Drainage - Public facilities and services are sufficient to
handle the supply of potable water, but require upgrading for fire
protection in the area. In addition, provisions will have to be made to
ensure that sufficient utility extensions are provided to serve this
development. Storm water drainage will be managed by an on-site
detention to mitigate any adverse impacts associated with this proposed
development.
Staff feels that this project has merit and will have a significant
impact to economic development within the City of La Porte. Based
on the above analysis, staff recommends approval of the plan and the
Special Conditional Use Permit with the following conditions:
Land Use:
. Land uses will be strictly commercial/industrial in nature. A
further refinement of industrial activity shall be approved by
the City.
. Detention reserve shall be restricted for drainage purposes
only. Any modification or change of use shall be subject to
the City approval.
. Zoning permit shall be required from the City for proposed
use/activity at site.
Underwood Business Park
Reserves B &H
11/17/05 P&Z Meeting
Page 3 of 4
Streets:
. All internal streets shall be constructed to the City's standards and
remain private streets. A note shall be added on the plans.
. Verify internal street connectivity and specify right-of-ways. The
participation in an improvement of Old Underwood Road shall be
required by the developer.
. Provide on-site improvements and loading / unloading ramps/bays
that adequately handle the volume associated with the scale of the
warehousing and distribution facility.
Truck Circulation:
. The applicant shall ensure that the truck circulation does not cause
congestion on the streets, and proper signage shall be installed to
control vehicles turning southbound on Underwood Road.
. Fire truck access, fire suppression requirements, and fire hydrant
placement shall be specified on the development site plans.
. A rail access, spur design, and UPRR approval shall be required
prior to the issuance of building permit.
Landscaping/Screening:
. Ensure that at least 30 percent of the property consists of
landscaping.
. Landscaping calculations shall be added to the site plans.
. Provide detailed landscape and screening plans during site plan
submittal. Allow existing trees and shrubs to remain as natural
buffer. Provisions of the Tree Preservation and Tree Replacement
per Section 106-801 and 106-802 shall be applicable.
. Provide an irrigation system to ensure that all landscaping and
screening is properly maintained by the owner/developer.
. Development abutting residential district to the south shall be
screened and landscaped in compliance with required screening
and landscaping provisions of the Zoning Ordinance of the City. A
site plan and/or separate plans shall be submitted in conjunction
with the building permit application.
Utilities/Detention:
. Submit construction drawings and/or plan profile for proposed on
and off-site utilities with capacities. The tie-in of sanitary sewer
and/or dedication of easement to the City for sanitary sewer
extension or lift station shall be indicated on the plans.
Underwood Business Park
Reserves B &H
11/17/05 P&Z Meeting
Page 4 of 4
. A statement from the owner/developer specifying clear
responsibility for maintenance of detention basin system including
channel/ditch shall be noted on the plans.
Fire:
. The building shall be sprinklered in accordance to NFP A.
. The pressure test of the sprinkler system shall be witnessed by a
representative ofthe City's Fire Marshal office.
. A final flow/drain test shall be witnessed by a representative of the
Fire Marshal's office.
. Contact the Fire Marshal office 24 hours in advance to schedule
the pressure and the final flow/drain test.
. The sprinkler system shall be monitored off-site.
. Fire extinguishers shall be installed according to NFP A
requirements and/or every 75 foot of travel.
. Smoke and/or heat venting shall be provided by engineering means
and in accordance to NFPA 204:7.1.
General:
. This SCUP outlines, in general terms, the proposed development
in a Planned Unit Development (PUD) zoning district. The
developer recognizes and understands that any future construction
or development of private or public improvements anticipated by
this SCUP and the Plan shall require further submittal and
approval of plats, site plans, construction drawings, engineering
analysis, covenants, etc.
. Said submittals for this phase development shall be in accordance
with this SCUP, the approved plans, policies and code of
ordinances of the City of La Porte.
. The Developer shall comply with all other applicable laws and
ordinances of the City of La Porte and the State of Texas.
Options available to the Commission are:
. Recommend to Council approval of this SCUP with additional
conditions.
. Recommend to Council denial of this SCUP.
. Continue the public hearing at the Commission's next regular
meeting to allow additional testimony and further study of this item.
This results in tabling any action on this item.
J:
lit I-
11:::1
0(0
n.1ll
mo
III <m
bJol'l1
~ II:l'I1
IllO.
::I oJ;
m o III
o~...
011:0
ObJ
~o
II:Z
bJ::I
00
Z.J
::10
III
bJ
Z
.J
~
bJ
n.
o
II:
n.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 12. 2005
Requested By: WavueJ. s~1fI/
Department: Planninl!
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Report:
Resolution:
Ordinance: ~
Amount Budgeted:
N/A
Exhibits:
Ordinance
Area Map
Staff Report to P&Z
Amended General Plan
Amount Requested:
N/A
Budgeted Items:
YES
NO
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during its November 17, 2005, meeting, held a public hearing to receive
citizen comments regarding Special Conditional Use Permit Request #SCU05-008(amending #SCU05-004). The
applicant, Burchfield Development, L.P., seeks approval of an Amended General Plan and a Special Conditional
Use Permit (SCUP). The General Plan is for the entire :t107 acre tract and the SCUP is for single-family residential,
multi-family, townhomes, and commerciaUretail development. The proposed development, "Preserve at Taylor
Bayou", is to be located at the southeast comer of the State Highway 146 in the 1200 block of McCabe Road.
As this is an on-going project, the Commission and Council have previously approved various General Plans and
SCUPs. The applicant has prepared proposals for the development of this tract, but the developable acreage is
subject to approval by the Army Corps of Engineers due to the Nature Preserve/conservation easement issues.
Earlier this year, the developer submitted a new General Plan showing single-family detached (20 lots), single-
family patio homes (76 lots), town homes (12 units), multi-family (180 apartment units) and flex buildings (4
commercial/residential) on approximately 32 acres as a master planned community. The Army Corps of Engineers
mandates a 78.652 acre tract be dedicated as a Nature Preserve, leaving the developable acreage to equal 28.5 acres.
As a result, the developer has to amend the approved General Plan.
This amended General Plan includes single-family detached (14 lots), single-family patio homes (44 lots), town
homes (8 units), multi-family (180 apartment units) and commercial/retail on approx. 28.5 acres. Corresponding
densities meet the minimum requirement of the ordinances, although a PUD Zone, by design, allows variances and
flexibility to the overall design. There will be two common access drives along McCabe Road serving the complex,
commercial tract, and the Nature Preserve. On-site parking is also provided for the visitors of the nature preserve.
The developer still needs to coordinate the following issues with the City: sanitary sewer, detention, and the
dedication of the Nature Preserve. It is anticipated that sanitary sewer for the development will be connected to a
new trunk main to be constructed by the City going north to the adjacent proposed development of "Lakes at
Fairmont Greens". Coordination between the developers and the City shall be required in order for the system
upgrade to handle both developments. Each developer may be expected to share the prorated cost of construction.
The developer's agreement has been drafted in this regard. The design of the detention will be reviewed with the site
plan submittal to ensure consistency with the Taylor Bayou Watershed Plan. Permits from the Army Corps of
Engineers and Harris County Flood Control District must be presented to the City prior to issuance of building
permit.
The Planning and Zoning Commission has voted unanimously that City Council consider approval of an Amended
General Plan and Special Conditional Use Permit #SCU 05-008 with the conditions listed in the SCUP.
Action Required bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for approval by Planning and Zoning Commission for Amended
General Plan and Special Conditional Use Permit #SCU 05-008 for a 28.5 acre tract out of ::1::107 acres ofland
located at the southeast comer of McCabe Road and State Highway 146.
Approved for Citv Council Ae:enda
1cJ. -S-OS-
Date .
ORDINANCE NO. 1501- wLf
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE,
CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE
CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU05-
008(AMENDING #SCU05-004) FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS
FOLLOWS, TO-WIT: BEING :f:107 ACRE TRACT OF LAND INCLUDING 28.5 ACRES IN
THE 1200 BLOCK OF McCABE ROAD, AS TRS 8, 8A, SF, 5F-1, 49, 49A, & 9B, ALONG
WITH 78.652 ACRES AS NATURE PRESERVE IN THE W. P. HARRIS SURVEY, ABSTRACT
30, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING SINGLE-
FAMILY, TOWN HOMES, MULTI-FAMILY AND COMMERCIAL/RETAIL, IN A PLANNED
UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED 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 of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 1 ih day of November, 2005, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas,
pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government
Code, to consider the question and the possible reclassification of the zoning classification of
the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A",
and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice
of Public Hearing, which the City Council of the City of La Porte hereby finds was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3.
Immediately following such public hearing on November 17,2005, the
Planning and Zoning Commission of the City of La Porte met in regular session to consider
changes in classification, which were the subject of such public hearing and workshop. The City
Council of the City of La Porte is in receipt of the written recommendations of the City of La
Porte Planning and Zoning Commission, by letter dated November 18, 2005, a true copy of
ORDINANCE NO. 1501- \}J tf
Page 2
which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part
hereof for all purposes.
"Section 4.
Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 1ih day of December, 2005, at 6:00 p.m., and pursuant to due
notice, to consider the recommendation of the Planning and Zoning Commission regarding the
possible reclassification of the zoning classification of the hereinafter described parcels of land.
There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a
part hereof for all purposes, a copy of the notice of public hearing.
"Section 5.
The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all
purposes.
"Section 6.
The conditions of the said Special Conditional Use Permit are as set forth
in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached
hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special
Conditional Use Permit are as follows, to-wit:
A :1::107 acre tract of land including 28.5 acres as TRS. 8, 8A, 5F, 5F-1, 49, 49A and 98,
along McCabe Road and easterly right-of-way line of the State Highway 146, W. P. Harris Survey,
Abstract 30, La Porte, Harris County, Texas.
"Section 7.
The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares
that the amendments to the City of La Porte Zoning Map and Classification contained in this
Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives
stated in the City of La Porte's Comprehensive Plan.
ORDINANCE NO. 1501- W ~
Page 3
"Section 8. The City Council official 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 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the
day of
,2005.
CITY OF LA PORTE
~LY~
By:
ALTON PORTER, Mayor
ATTEST:
By:1!1ratlh~
MA THA GILLETT, City Secretary
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte and the provisions of the Texas Local Government Code, notice is hereby given that the La
Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 17th day
of November, 2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider Special Conditional Use Permit #SCU05-008,
requested for 28.4748 acres ofland out of 107.16 acre tract ofland located south of McCabe Road
and the easterly right-of-way line of State Highway 146; being TRS 8, 8A, 5F, 5F-1, 49, 49A, 9B,
10, and 11 of the W. P. Harris Survey, Abstract 30, La Porte, Harris County, Texas. The applicant,
Robert Burchfield, of Burchfield Development, L.P., seeks to develop single-family residential,
townhomes, multi-family, and commercial/retail in the Planned Unit Development (PUD) zoning
district. In accordance with Section 106-216 of the Code of Ordinances, a Special Conditional Use
Permit is required for development in the PUD district.
A regular meeting of the Planning and Zoning Commission will follow the public hearing. The
Commission will act upon the public hearing items and conduct other matters.
Citizens wishing to address the Commission pro or con during the public hearing are required to
sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-5030 for further information.
~XH'Rn i\.
~':~_;H\}Y{ ":,>:,,
PUBLICNOTICES
281-471-1234
Fax: 281-471-5763
fre SUD
";",':, '_" ,-:_ 'c''' -;~\:
Before me, the undersigned authority, on this date
came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harris County, Texas and who after
being duly sworn, swears the attached notice was
published in The Bayshore Sun dated /1 / t/;L /t)s;-"
I
f
Sworn and subscribed before me this c:2 q--r#
/7~ , 2005.
~,i. ~~
day of
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
,~HiBn'
City of La Porte
Established 1892
November 18,2005
Honorable Mayor Alton Porter and City Council
City of La Porte
Dear Mayor Porter:
During the regular meeting on November 17,2005, the La Porte Planning and Zoning
Commission, held a public hearing to consider Amended General Plan and Special
Conditional Use Permit #SCU05-008 (amending #SCU05-004) for proposed development of
"Preserve at Taylor Bayou" to be located at the southeast comer of State Highway 146 and
McCabe Road. Mr. Robert Burchfield, Burchfield Development, L.P., seeks to develop
single-family residential, town homes, multi-family, and commercial/retail within the
Planned Unit Development (PUD) zoning district.
The Planning and Zoning Commission, by unanimous vote (5-0), recommends approval of an
Amended General Plan and Special Conditional Use Permit #SCU05-008, with the conditions as
listed in the SCUP attached. This recommendation will be forwarded for consideration by the
City Council on December 12,2005, for final disposition.
Respectfully Submitted,
(]:)~~~
Dottie Kaminski
Planning and Zoning Commission, Vice Chairperson
c: Debra B. Feazelle, City Manager
John Joerns, Assistant City Manager
Cynthia Alexander, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 . (281) 471-5020
..,. r':t~JT ..'.
",J\.~''',ilb8 . C
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte and the provisions of the Texas Local Government Code, notice is hereby given that the La
Porte City Council will conduct a public hearing at 6:00 P.M. on the 12th day of December, 2005,
in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose
of this hearing is to consider Special Conditional Use Permit #SCU05-008(amending #SCU05-004)
requested for 28.5 acres ofland out of 107.16 acre tract ofland located south of McCabe Road and
the easterly right-of-way line of State Highway 146; being TRS 8, 8A, 5F, 5F-l, 49, 49A, 9B, 10,
and 11 of the W. P. Harris Survey, Abstract 30, La Porte, Harris County, Texas. The applicant,
Robert Burchfield, of Burchfield Development, L.P., seeks to develop single-family residential,
townhomes, multi-family, and commercial/retail in the Planned Unit Development (PUD) zoning
district. In accordance with Section 106-216 of the Code of Ordinances, a Special Conditional Use
Permit is required for development in the PUD district.
A regular meeting of the City Council will follow the public hearing. The Council will act upon the
public hearing items and conduct other matters.
Citizens wishing to address the Council pro or con during the public hearing are required to sign in
before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-5030for further information.
.~XHIBft -0
...
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
281-471-1234
Fax: 281-471-5763
NOTICE OF PUBLIC"
, ' HEARING
,. "'CHY'OFtA PORTE
In ,accordance i with ", the,
provisions oLSection106,-
171 of theCodepf9rdi~
nances' of the City 6f, La
Porte and the provisions of
the Texas Local Govern-
ment code, hotice)s l1er('j-
by given that the, La Porte
City Council Win, cOnduct a
public hearing at 6:00 P,I\t
on the, 12th day of,:,~
cember, 2005,. in'tthe
Council Chambers of City
Hall, 604West\aiITrlOnt
Parkway,' La Porte; Jexas,;
Thepurposepfthis' hear-
ing is to consider special
Conditional 'Use ".Permit
. .)#SCU05~8(arnef1<iing i
l#SCU05~4} ',requ~~~~exas
, for 28.5 acres' of . !arid out:
01 1Q7.16 acre tract of laflij ,
located southoI fv1cCab~,' -~
~oadand!heeaSteriy; the undersigned authority on this date
nght"of-waylimtotSta\e ,.' , ' .
1-lil;lhWa,y146;beiP9'TF.lSJPpeared Karolyn Kellogg, a duly authorlzed
1>8,8A,'5F;5F",1.49,;4~A,~tive of The Bayshore Sun, a semi-weekly
98,10,. and 11 of the yJ'ipublished and generally distributed in the
P: Hams Survey,Abstr~ct, .
30. La Porte, Harris Couh; L Porte, Harrls County, Texas and who after
Et~:B~~t~;~:~~C i~w~~~, B~;:~~~e t~~n a ~~~~~ed 7t/~c~ J:~
LP., seeks to'developsin,,; ,
gle-family reqidehtial,
townhomes, . multi.family,
and '"comrn~rcial/retail in
the" Planned Unit Oevelop~
ment (PlJQ) zoning diStrict. '
In,accordam~ewi1h ~tjon"
1 06-21poflheyodEl9fbr-,'"
dll1an<:es, aspeCiEiltonai~l1l 0
tional Use Permit is.. re- .
qui red for development in '
thePUD district,
........';..._:..:'_..;
,." ,,'........ ,
:':'!'-\"-',>':
~>': ,.,'.. ',- ',"-:. " .,'
:3~~tt~
~~~!1J~B
services ,',,' .~t,;:;\(!I~~tJQ[J~i
should be f11aP!J1~ hours
prior tof}he'iJ'!eeting.
Please contadtM, .citi
Secretary's .otfif:e,~t(281)
471-5020," oryrpO}fPfle.'
(281)471-50:10 ,",r.
inf~~tion. ;"'}lI~j
re SUD
i
j
"
)Aregular mooting of ,the subscribed before me this ;;..1 -r!!;.
,City.cpuDCU,wiU,tollow.the,,# , 2005 .
o.ubJic;ne~ring,.:rhe ~Courhj
", n '.. ......:.,.:.u...._...._ .... .. _,..,.'.1,
I~~'~~
day of
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
.i:XHIBIT
7
~
City of La Porte
Special Conditional Use Permit #SCU 05-008(Amendina #SCU05-004)
This permit is issued to:
Robert Burchfield
Owner or Agent
2123 W. Governor's Circle #400 Houston. TX 77092
Address
For Development of:
The Preserve at Tavlor Bayou
Development Name
1200 Block of McCabe Rd. @ SH 146. La Porte. TX
Address
Legal Description:
28.508 acre tract out of 107 acre tract of land. W.P. Harris Survey
Abstract-30. La Porte. Harris County. Texas
Zoning:
Planned Unit Development (PUD) & NC
Use:
SinQle-family detached. small sinole-family (patio homes). multi-family
(apartments).Townhomes. Commercial/Retail & Nature Preserve.
Permit Conditions:
1. An overall density of the multi-family (apartments) and townhomes shall not exceed 14 and 10
dwelling units per acre respectively.
2. The Nature Preserve "conservation easement" ownership and responsibility for its maintenance must
be established. The City requirement for compensating open land will apply. The City must approve
the conservancy dedication instrument.
3. The applicanUdeveloper shall be responsible for the maintenance of the 78.652 acre Nature Preserve/
Conservation Easement until transfer of ownership and/or responsibility.
4. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by
the owner/developer.
5. The design of the detention will be reviewed by staff to ensure consistency with ordinances and the
Taylor Bayou Watershed Plan. Permits with Army Corps of Engineers and County Flood Control
must be presented to the City.
6. The developer shall contribute to traffic calming devices/tools (e.g. right turn lane) to ensure that
traffic congestion does not occur as a result of this project.
7. The applicant must secure a maintenance bond according to the City's multi-family provisions, seek
an approved alternate showing evidence of bonding insurance, or participate in a "reserve fund
mechanism" that establishes an account for the sole purpose of maintenance to the project for the
lifetime of the project.
8. The owner/applicant must construct a lift station, if applicable, and dedicate an easement to the City
at Taylor Bayou and McCabe for the lift station.
9. The owner/applicant must contribute 31.2% as proportionate cost for the construction of a trunk main,
the portion of the lift station to be built north of the site and the portion of the off-site lift station if needed
to handle both north and south developments.
10. The applicant must provide proof of funding allocation.
11. The applicant must provide a covenant that the multi-family portion of the project remains on the
City's tax rolls.
12. A letter from Army Corps of Engineers for approval of the lift station must be submitted prior to the
building permit.
13. The proposed complex must provide an area designated for accommodation of school buses, pick
up/drop off sites as per LPISD's design standards.
14. Utility Plan must be approved by City Staff.
15. Proposed sidewalks must be annotated on the General Plan.
16. All utilities should be planned for underground routing.
17. The applicant must provide a covenant for maintenance of common areas.
~XHIBJl/
18. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte
and the State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development
is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the
City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the
City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
Lfr!d/;III- AAaI'/
City Secretary
Staff Report
November 17,2005
Preserve at Taylor Bayou
Amended General Plan &
Special Conditional Use Permit #SCU05-008
Request:
Requested Bv:
Requested For:
Present ZoniD!~:
Requested Use:
Back2round:
Approval of an amended General Plan and a Special Conditional Use Permit.
This request is an amendment to the existing SCUP#05-004 and General
Plan approved for this site.
Mr. Robert Burchfield, Burchfield Development, L.P.
28.508 acres ofland out of 107.16-acre tract out of the W. P. Harris Survey,
A-30, La Porte, Harris County, Texas. This property is further described as
being located in the 1200 Block of McCabe Road.
Planned Unit Development (PUD)
Single-Family detached, Small single-family (Patio Homes), Multi-Family
Residential, Townhomes, and CommerciallRetail.
This property is located at the southeast comer of SH 146 and McCabe
Road. It is bounded on the east by Shady River Subdivision and on the south
by Shoreacres. Several years ago, the Commission and Council approved a
General Plan and Special Conditional Use Permit for this location. In 2001, a
one year extension was granted; however, no construction occurred and the
permit expired in November 2002.
The Commission, at their April 17, 2004, meeting, recommended denial of a
new application based upon issues including excessive density of 418 units,
lack of information concerning the Preserve, financing and outstanding
Army Corps of Engineer documentation. Chapter 106, Code of Ordinances,
allows a maximum cap of 180 units within apartment complexes. City
Council subsequently disapproved the request.
Then, the developer filed a new General Plan and Special Conditional Use
Permit #SCU04-013. The Planning and Zoning Commission considered the
plan, which includes the following:
· 180 Multi-Family units and 150 Townhome units on 28.43 acres
· 1 lot, Neighborhood Commercial on 1.35 acres
· 1 lot, Private Park on 2.25 acres
· 1 lot, Nature Preserve on 75.16 acres.
· The apartment density is 13.85 units per acre (14 allowed).
· A townhome density of9.72 per acre (10 allowed per Chapter 106).
The Commission recommended approval of the above General Plan and
Special Conditional Use Permit. City Council, at the October 11, 2004
meeting, approved the General Plan and Special Conditional Use Permit
#SCU04-013.
Preserve at Taylor Bayou
Amended OP & SCUP
November 17, 2005
Page 2 of5
The developer submitted another General Plan with a new concept. The
features of the plan were as follows:
. Single-Family Residential- 20 lots, 4.17 acres (4.8 dula allowed)
. Single-Family (Patio Homes) -76 lots, 12.67 acres (6 lots/acre allowed)
. Townhomes - 12 units, 1.20 acre (10 units/acre allowed)
. Multi-Family - 180 units, 12.86 acres (14 units/acre allowed)
. CommerciallFlex Bldgs. - 4 (zoned Neighborhood Commercial)
. Preserve -74.80 ac. (provided), 78.652 ac. (required)
At the March 17, 2005 meeting, the Commission recommended approval of
the above General Plan and Special Conditional Use Permit. City Council, at
their April 25, 2005 meeting, approved the General Plan and Special
Conditional Use Permit #SCU05-004.
The Planning and Zoning Commission, at the September 15, 2005 meeting,
considered the preliminary plat for proposed development consisting of 32
acres, and approved it with conditions. The plan had some deviations from
the approved general plan mentioned above. The preliminary plat shows the
following:
. Single-Family detached - 34 lots, 7.08 acres (4.8 dula allowed)
. Single-Family small Lot - 44 lots, 7.34 acres (6 lots/acre allowed)
. Townhouses - 8 units, 0.80 acre (10 units/acre allowed)
. Multi-Family - 180 units, 12.86 acres (14 units/acre allowed)
. Commercial- 1.29 acre (zoned Neighborhood Commercial
The Preliminary Plat had approximately 32 acres of proposed development.
As this General Plan for 28+ acres is being requested as an amendment, the
entire project is open for reconsideration. The changes to the above plan are
as follows:
. Single-Family detached - 14 lots, 4.879 acres (4.8 dula allowed)
. Small Single-Family (Patio Homes) - 44 lots, 9.8 acres (6 dula allowed)
. Townhomes - 8 units, 0.80 acre (10 units/acre allowed)
. Multi-Family-I80 units, 12.905 acres (14 units/acre allowed)
. CommerciallRetail- 1.344 acres (zoned Neighborhood Commercial)
. Nature Preserve - 74.80 ac. (provided), 78.652 ac. (required by ACOE)
Since the project has deviations from an earlier approved general plan, it
requires an amended General Plan (for the entire proposed development) and
a Special Conditional Use Permit (SCUP) be submitted and processed
simultaneously. Upon approval of the amended General Plan and SCUP by
City Council, the applicant would be authorized to proceed with the platting
and development plans for the development site.
Preserve at Taylor Bayou
Amended GP & SCUP
November 17,2005
Page 3 of5
Analvsis: Section 106-659 of the Code of Ordinances establishes the following
criteria for review of development projects within a PUD zoning district:
· Uses - Review of the City's Land Use Plan indicates this 107-acre
area was envisioned as developing as low density residential with a
small comer for commercial uses. However, this proposed
development is not considered to be low-density residential. In
addition, the required 78.652 acres of Nature Preserve would serve as
a buffer between this proposed development and surrounding
properties.
· Streets - The proposed development is located at the comer of SH 146
and McCabe Road. The developer is proposing two points of
entrance/exit off McCabe Road. The first common access drive serves
an entire development and Nature Preserve. The second access drive off
McCabe Road will serve the multi-family and commercial/retail sections
of the proposed development.
Traffic Analvsis: The applicant submitted a traffic analysis study report.
The report previously had taken into account an entire development for
a build-out in 2007. It also included the commercial strip center and
Nature Preserve as an estimate, with no other detail of their nature.
The study mentions the future TxDOT Highway 146 improvements,
but does not discuss their possible impact on the study or development.
The study gives a cursory mention of other developments but
generalizes a 5% annual growth and takes that factor into account in
the estimates for the survey. That rate is average for the HGAC
region, although local estimates can be much higher. The growth,
according to the study, will not have a significant impact on the
development or the traffic flow in relation to level-of-service ratings
because of the limited access between McCabe Road and SH 146 now
and in the future.
With Level-Of-Service (LOS) A being the best, LOS D being
acceptable and LOS F being severely congested service, the study cites
that the development, given the parameters stated above, will rate no
worse than LOS B and concludes no adverse impact for this
development.
· Topography - This area is relatively flat and stable and should not be an
obstacle to this type of development. The site for this development does,
however, split Flood Zone X to the west and a Flood Zone AE to the
East.
Preserve at Taylor Bayou
Amended GP & SCUP
November 17,2005
Page 4 of5
· Density - Staff utilized the Land Use Plan as a guide with the designated
land use as Low Density Residential. There are 14 small single-family
detached lots proposed for 4.879 acres with a development ratio of 4.8
units per acre. Single-family Patio Homes will consist of 44 lots on 9.8
acres equal to 4.48 lots per acre. Eight townhomes on 0.80 acre come out
to be 10 units per acre. 180-unit multi-family residential development
yields 12.86 acres with a density allowed by ordinance 14 units per acre
(Section 106-333).
· Utilities - There are sufficient water distribution facilities along McCabe
Road to supply potable water and fire protection to this proposed project.
Provisions will have to be made to ensure that sufficient utility
extensions are prepared to serve this development. Sanitary sewer
service is not readily available to this site, and must be coordinated with
the development to the north and the City of La Porte.
The City prepared a long-term sanitary sewer master plan for providing
sewer service to areas of southeast La Porte. The master plan calls for the
elimination of Lift Station #12 and for a new lift station to be constructed
near the comer of intersection of A104(Taylor Bayou) and McCabe
Road. Utility plans must be coordinated with the City Staff and approved
by the City prior to submittal of the Final Plat.
The project engineer expressed her intention of taking the sanitary sewer
flow north through the Lakes at Fairmont Greens, a proposed subdivision
off SH 146. Based upon the preliminary studies, the Preserve at Taylor
Bayou, if hooked up to the new trunk main going north for sanitary
sewer would represent 31.2% of the total anticipated capacity.
Coordination and contribution shall be required for the system upgrade
to handle both developments; each developer being expected to share the
prorated cost of construction. In addition, the City has added this project
to the Capital Improvement Plan (CIP) for year 2005-2006. The plan and
profile shall be submitted to the City for approval prior platting of the
subdivision.
· Drainage - This property lies within the Taylor Bayou Watershed. The
City has a master drainage plan for the Taylor Bayou Watershed, which
calls for regional detention for this area. Efforts should be made to work
with the developer north of McCabe Road to promote upstream
detention for this development.
The channel improvements to Taylor Bayou are not designed to directly
receive storm water runoff from this project. The General Plan,
therefore, shows that storm water will be detained using a basin system
in each phase to regulate run-off. Outfalls have to be determined and
coordinated with the Army Corps of Engineers and the Harris County
Preserve at Taylor Bayou
Amended GP & SCUP
November 17,2005
Page 5 of5
Flood Control District. The copies of the permits must be presented to
the City.
· Nature Presenre -The applicant is willing, and the Army Corps of
Engineer permit states that the dedication of approximately 78.652 acre
nature preserve is to be made to the County/City. The issues in the
process of being resolved. The City of La Porte remains a party to
facilitate any dedication to the Harris County or other agency. These
issues may be coordinated and approved in a separate dedication
instrument prior to the Final Plat.
. Army Corps of Engineer Issues:
~ US Army Corps of Engineers (USACOE) issued a permit on
Feb 14,2000, to fill 9.6 acres of wetlands to construct an
apartment complex. This area must be shown on the plan.
~ According the applicant, this Individual Permit (IP) is valid
until December, 2005. The applicant is required to provide the
City with a renewal letter from the US Army Corps of
Engineers.
~ This permit is for a single and complete project that would
include all minor deviations mandated by the City.
~ USACOE agreed with the NAI environmental assessment that
the lift station could be moved slightly west. The plans would be
coordinated with the City Engineering staff.
Staff reviewed the plan and found it to be in compliance with the
development ordinance. Staff recommends approval of the amended General
Plan and Special Conditional Use Permit with conditions as listed in the
Special Conditional Use Permit attached herewith.
Options available to the Commission are:
· Recommend to Council approval of #SCU05-008 (Amending
SCUP#05-004 ).
· Recommend to Council approval of #SCU05-008 with additional
conditions.
· Recommend to Council denial of this SCUP. OR Continue discussion at
the Commission's next meeting to allow further study of item. This
results in tabling any action on this item.
~
= PROPOSED DEVELOPMENT
= POTENnAL PRESERVE
"'~
0_
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqnested: December 12. 2005
Requested By: Way~
Department: Planning
Bud2et
Source of Funds:CIP Funds 003 & 015
Account Nnmber:003-9890-878 & 015-9892-878
Report:
Resolntion:
Ordinance: X
Amount Budgeted: S65,OOO
Exhibits:
Amount Requested:
$60,000
1.
2.
3.
Ordinance
Contract for Services
Proposal from Claunch & Miller, Ine.
Budgeted Item: YES
SUMMARY & RECOMMENDATION
A long-standing goal of the Planning Department is comprehensive, reliable and accessible mapping of
the City's water and sewer infrastructure systems. In the past 25 years, several efforts have been
undertaken to address this goal.
In 1981, the City's Utility Mapping Program (UMP) was initiated by undertaking a "Preliminary Phase"
involving high school students drafting "Preliminary Utility Maps" from available construction drawings.
The maps produced were not reliable, required continuous verification by City staff and did not include
the areas of Collegeview and Bayshore M. U.D. In 1986, a new policy was established setting a course for
final completion of the UMP. As a result, a majority of the City's utility features (i.e. fire hydrants, gate
valves, manholes and cleanouts) were accurately surveyed and measured to provide data required for
precise mapping of the City's water and sewer systems. However, subsequent efforts to map the large
amount of survey data obtained proved to be largely unsuccessful due to technology, logistics and
resource constraints.
Today, with the recent procurement of Geographic Information Systems (GIS) and Global Positioning
System (GPS) technologies, staff now has the tools needed to complete the effort originally begun. GPS
technology will allow precise, quick and efficient collection of data from newly-constructed utility
systems while GIS technology provides the means to accurately map the utility systems and to integrate
related water and sewer system data to each utility feature.
The GIS Division of the Planning Department has solicited and received a proposal for professional
services to assist staff in completion of City's UMP. The rrrm of Claunch & Miller, Inc.(CMI) has
extensive experience and success in similar projects for the cities of Galveston, Lufkin, Bellaire,
Meadows Place, Humble, Spring Valley, and Hillshire Village as well as Harris County WC&ID #74. In
addition, CMI was instrumental in helping to develop La Porte's GIS website application.
Staff has met with Claunch & Miller to discuss and determine the scope of work and the company's
proposal for assisting with completion of the project. As a result, a Contract for Services has been
prepared for authorization by Council. The subject contract has been reviewed and approved by the City
Attorney.
2
Recommendation:
Staff recommends that COlll1cil approve an ordinance authorizing the City Manager to execute a contract
between the City and Clalll1ch & Miller, Inc. for professional services associated with the completion of
City's Utility Mapping Program
Action Required bv Council:
Consider approval of an ordinance authorizing the City Manager to execute a contract with Clalll1ch &
Miller, Inc. to provide professional services associated with the City's web-based GIS project.
Approved for City Council A2enda
I;) -5-05
Date
Exhibit "A"
Ordinance
ORDINANCE NO. 200S-_d.~_
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BElWEEN THE CITY OF LA PORTE AND CLAUNCH & MillER, INC. FOR
PROVIDING PROFESSIONAL SERVICES FOR THE CITY'S UTILITY
MAPPING PROGRAM; APPROPRIATING AN AMOUNT NOT TO EXCEED
$60,000 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement, or other undertaking described in the title of this
ordinance, a copy of which is on file in the office of the City Secretary.
The City Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City Secretary is
hereby authorized to attest to all such signatures and to affix the seal of
the City to all such documents. City Council appropriates the sum of
$60,000 from Capital Improvements Funds 003 and 015 to fund said
contract.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter
551, Texas Government Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and
the subject matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this December 12th, 2005.
By:
c~~
________L___~~_~_________
Alton E. Porter,
Mayor
ATTEST:
-~~~----------
Martha Gillett,
City Secretary
APPR~V : _ p,
tJ~
----- - ----------~---------------
Knox . Askins,
City Attorney
Exhibit "B"
Contract for Services
10
1
Task Name
Phase I - City compiles existing data
from original Utility Mapping Project
(UMP) survey
2
Phase II - CMI converts existing UMP
data and creates associated line work
3
Phase II-a - City (Public Works) staff
review check sheets from original UMP
and marks up changes/additions
4
Phase III - City collects coordinates of
infrastructure not in original UMP survey
5 Phase IV - City creates new line data
and collects additional data from Public
Works Phase II-a markups
I
6 Phase V - CMI reviews new line data
(quality control)
7 Phase VI - City (Public Works) to review
I and mark up check maps for edits and
final publication
~:=---
8 Phase VII - CMI to produce UMP Map
Books and Develop city-wide intra net
access to GIS data
Project: City of La Porte Utility Mapping Project (UMP)
Date: Wed 11/30/05
I Duration I
4 days
Start
Tue 1/3/06
30 days
Mon 1/9/06
45 days
Mon 2/20/06
120 days
Mon 1/9/06
50 days Mon 6/26/06
10 days Mon 9/4/06
45 days Mon 9/18/06
20 days Mon 11/20/06
Task
Critical Task
Progress
Utility Mapping Program (UMP)
Plan of Action - FY 2005/2006
Claunch & Miller, Inc. Proposal
T
,2006
Fini~h~0eb i Mar i APrJ May U~r1J
Fn 1/6/061", ICity GIS Division
Fri 2/17/061 ///J CMI
Fri 4/21/06
"""""""""",,, 1';...
~""""""""""'" -I
: 2007 i
Jul I Aug I Sep I Oct I Nov~c I Jan 1 Feb j
!
!
orks
I
Fri 6/23/06 l~ffHm////H'/f\fffm/: City GIS Division (CMI support)
Fri 9/1/06
Fri 9/15/06
I
Fri 11/17/061
Fri 12/15/06
lfffffffffl Rolled Up Milestone 0
r////////H Rolled Up Progress
Split
Milestone . External Tasks
Summary \. ..J Project Summary
Rolled Up Task Ifffffffffl Group By Summary
Rolled Up Critical Task H/////:m//:I
Page 1 of 1
r
f:/:ff::mH City GIS Division (CMI support)
[}CMI
I
.. I
If////A- City Public Works I
I
I
I
I
I
I
~~ '
t~,>. CMI
~ . . . .
--,
I
I
.
'"
..,
..,
Exhibit "C"
Proposal from Claunch & Miller, Inc.
~
~.~
CLAUNCH & MILLER, INC.
Engineering Consultants
December 1, 2005
Mr. Brian Sterling, GIS Manager
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
Re: Proposal for Engineering Services for Geographic Information System (GIS)
Utilities Mapping Program (UMP)
City of La Porte
Dear Mr. Sterling:
In response to your request, Claunch & Miller, Inc. (CMI) is pleased to submit this proposal for
engineering services associated with the development of a Utility Mapping Program (UMP)
Geographic Information System (GIS) for the City of La Porte. This proposal is based on our
understanding of the project as further described below and our meeting with you regarding the
Plan of Action - FY 2005/2006. For your convenience, this proposal consists of General
Overview, Scope of Services, Deliverables, and Fee sections.
GENERAL OVERVIEW
It is our understanding that the City desires to have feature classes developed for the various
features contained in its water distribution and wastewater collection utilities systems. The
completed feature classes would be imported into the existing personal geodatabase to
supplement the City's existing GIS. These feature classes would be created using data obtained
from the following:
. Existing digital data sources from the City's original UMP survey
. Existing utility data contained in AutoCAD maps of the utilities systems
. New data to be obtained by City staff utilizing survey grade GPS equipment as a
part of this project
. Other available data converted from paper records into an electronic format by
Ci ty staff.
The following Scope of Services section is based upon the seven phases as described within the
document entitled "Utility Mapping Program (UMP) Plan of Action - FY 200512006" that you
provided as attached.
SCOPE OF SERVICES
Phase I - Compilin2 Ori2inal Data:
The City will compile all available digital data sources from its original Utility Mapping
Program (UMP) survey and provide this data to CMI to be utilized in providing the services
described in Phase II.
4635 Southwest Freeway, Suite 1000 · Houston, Texas 77027-7169 · 713-622-9264 · Fax 713-622-9265
described in Phase II.
Phase 11- Convertinl! Oril!inal Data:
CMI staff will convert coordinate data previously obtained by City staff as a part of its original
UMP survey and currently contained in nine Notepad format text files into shapefiles containing
feature points of water system gate valves, blowoff valves, and fire hydrants, in addition to
sanitary manholes, main line cleanouts, lift stations. Once created, CMI GIS staff will then
create line feature classes for water distribution mains and fire hydrant leads, wastewater
collection mains and force mains needed to connect the feature points previously described.
CMI staff will develop and implement ArcGIS network topology rules to be used throughout the
GIS system. These rules will maintain connectivity and accuracy throughout the personal
geodatabase. Attributes contained on the AutoCAD maps provided as part of Phase I will be
input into the database files. Various numbering systems will be created to be used to identify
infrastructure such as manholes, mains, valves, cleanouts and fire hydrants. CMI staff will
establish standard symbology and design attribute tables for all utility points and lines from the
City's original utility mapping program. Check sheets will be printed and provided to the City's
Public Works Department for review and markups of changes to the utilities systems which have
occurred since preparation of the AutoCAD utility maps provided in Phase I. These marked up
copies will then be utilized by City staff to collect the remaining infrastructure coordinates
acquisition. Two (2) DVDs will be provided to the Citys GIS Division which contain the
completed electronic files.
Phase III - Collectinl! New Data:
This phase will be conducted concurrently with Phase II services. City staff will collect survey
grade coordinates for infrastructure not surveyed as a part of the City's original UMP survey
utilizing GPS technology and other resources as necessary. CMI staff will provide training,
assistance and technical support to the City in converting this data to shapefiles for ultimate
inclusion in the existing personal geodatabase.
Phase IV - Creatinl! Line Work for New Data:
The City will create line work for newly-collected water and sewer data. CMI staff will provide
training and technical support to the City as required in accomplishing this phase.
Phase V - Consultant's Review of New Data:
CMI staff will provide quality-control review of methodologies used to create and combine new
feature classes prepared by City staff in Phase IV in preparation for the City's pre-publication
review. CMI assumes no liability as to the accuracy of data gathered by City staff.
Phase VI - City's Pre-Publication Review & Edits:
City GIS Staff will provide completed maps of the City's water distribution and wastewater
collection systems for final review by the Public Works Department. Public Works Staff will
review, provide comments and forward the edited maps to the City GIS Division for final edits in
preparation for publication.
Phase VII - Publication of UMP Data:
CMI staff will be responsible for preparation of final UMP mapping and data in the following
formats:
1. UMP Map Books (25 individual books, 11" x 17" sheets, 1 :200 scale). Each book will
contain individual sheets for water system and sewer system.
2. City-wide Intranet access to completed UMP data.
DELIVERABLES
· Check sheets containing converted feature points and newly created polyline feature
classes as prepared in Phase II for review and markups by Public Works Department staff
. Two CDs/DVDs of the completed electronic files created in Phase II
· 25 UMP Map Books printed on 11" x 17" paper at a scale of 1" to 200'.
FEE FOR SERVICES
Claunch & Miller, Inc.'s fee for this project is a not to exceed amount of $60,000. Claunch &
Miller, Inc. will submit monthly invoices with status reports for all work completed to invoice
date.
ADDITIONAL SERVICES
Additional services beyond those described within this scope of services will be invoiced on the
basis of direct labor cost times a factor of 2.99 and direct cost plus 10%. No additional services
will be invoiced without prior authorization from the City.
Claunch & Miller, Inc. appreciates the opportunity to submit this proposal and work with the
City of La Porte on this important project.
Sincerely,
c~x~rf~
Christopher E. Claunch, P.E.
President
CONTRACT FOR SERVICES
This CONTRACT for GIS services entered into by and between the City of LA PORTE,
TX, hereinafter called LA PORTE, and Claunch & Miller, Inc., hereinafter called CMI;
WITNESSETH THAT:
WHEREAS, LA PORTE desires to engage CMI to provide professional services; and,
WHEREAS, LA PORTE finds that the proposed Scope of Services and terms of this
Contract are acceptable; and,
WHEREAS, CMI desires to provide said services and agrees to do so per terms of
compensation and conditions as hereinafter set forth,
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Employment of CM!. LA PORTE hereby engages CMI and CMI hereby agrees
to perform professional services as hereinafter set forth in Attachment "A" -
Scope of Services".
2. Scope of Services. CMI shall perform, in a professional manner, the services set
forth in Attachment "A" - Scope of Services which outlines the services and
schedules associated with each task order.
3. Extra Services. CMI may provide extra services, not specifically called for in the
task order agreements, only upon written authorization of LA PORTE.
4. Time of Performance. CMI will commence work on or as soon as practicable
after the date of execution this contract. All work as set forth in the "Scope of
Services" shall be completed within the time specified assuming timely
submission of all required data by LA PORTE.
If LA PORTE requests modifications to the "Task Order Agreements", the time of
performance of CMI shall be adjusted appropriately.
CMI'S services under this Contract, and any Task Orders, shall be considered
complete when the deliverables for that phase have been accepted by LA
PORTE.
5. MeetinQs. This Contract includes attendance by CMI representatives at
meetings, to make presentations, or to otherwise discuss and review the
progress of task orders with LA PORTE.
6. Reports. CMI shall prepare and submit progress reports as requested by LA
PORTE.
7. Compensation. CMI agrees to perform services required to complete each task
as defined in Attachment "A" - Scope of Services. LA PORTE agrees to
compensate eMI for such services as set forth in "Attachment "A" - Scope of
Services" for an amount not to exceed Sixty Thousand Dollars ($60,000).
2
Payment to CMI by LA PORTE will be made based on monthly invoices of work
completed to date.
8. Personnel. CMI represents that it has, or will secure at its own expense, all
personnel required to perform the services under this Contract and that such
personnel will be fully qualified to perform such services.
9. Responsibilities. of LA PORTE. It is agreed that LA PORTE will have the
following responsibilities under this Contract:
a. The provision of all available information, data, reports, records, and maps
to which LA PORTE has access and which is required by CMI for the
performance of the services provided for herein.
b. Provide assistance to and cooperation with CMI in obtaining any
additionally required material(s) that LA PORTE does not have in its
immediate possession.
c. Making available the services of LA PORTE as necessary to obtain
information required to perform the tasks set forth in Attachment "A" -
Scope of Services.
d. The designation of a single representative who will be authorized to make
necessary decisions on behalf of LA PORTE and who will serve to provide
the necessary direction, assistance and coordination for the project.
All such responsibilities of LA PORTE shall be conducted in a timely manner and
without undue delay so as not to hinder CMI in the performance of its services.
10. Delavs Bevond the Control of CM!. It is agreed that events beyond the control of
CMI or LA PORTE may occur which delay the performance of the Scope of
Services. In the event that performance of the Scope of Services by CMI is
delayed beyond its control, CMI shall notify LA PORTE of such delay and the
reasons therefore, and LA PORTE shall extend the time of performance
appropriately.
11. Dispute Resolution. The parties shall attempt in good faith to promptly resolve
any controversy or claim arising out of or relating to this agreement through
negotiation between senior executives of the parties who have the authority to
resolve the dispute.
The disputing party shall provide the receiving party written notice detailing the
nature of the dispute. Within ten (10) days after receipt of said notice, the
receiving party shall submit its written response to the disputing party. The notice
and response shall include the following:
3
(a) a statement of each party's position with a summary of the
evidence and arguments supporting its position, and
(b) the name and title of the executive who will represent that party.
The senior executives shall meet at a mutually acceptable time and place within
twenty (20) days of the date of the disputing party's notice and thereafter as
often as reasonably necessary to exchange relevant information and to attempt
to resolve the dispute.
If the controversy or claim has not been resolved within thirty (30) days from the
meeting of the senior executives, the parties shall endeavor to settle the dispute
by mediation under the Center for Public Resources Model Procedure for
Mediation of Business Disputes or pursue amicable termination.
12. Chanoes. LA PORTE or CMI may, from time to time, request modifications or
changes in the Task Order Agreement. Such changes, including any increase or
decrease in the amount of CMl's compensation, which are mutually agreed upon
by and between LA PORTE and CMI, shall be incorporated in written
amendments to this contract.
13. Termination of Contract. This Contract and/or any Task Order Agreement under
this Contract may be terminated by either LA PORTE or CMI with fourteen (14)
days written notice. In the event of such termination, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, and
reports prepared by CMI shall, at the option of LA PORTE, become its property.
CMI shall be entitled to receive just and equitable compensation for work
accomplished prior to the termination.
14. Assionabilitv. This Contract shall not be assigned or transferred by either CMI or
LA PORTE without the prior written consent of the other.
15. Liabilitv and Standard of Care. CMI shall perform services for LA PORTE in a
professional manner, using that degree of care and skill ordinarily exercised by
consultants similar projects. The total liability of CMI whether in contract, tort
(including negligence, whether sole or concurrent), or otherwise arising out of,
connected with, or resulting from the services provided pursuant to this
agreement, shall not exceed the total fees paid for the Work Order Agreement in
question, or fifty thousand dollars, whichever is less.
LA PORTE acknowledges that CMI is a Corporation and agrees that any claim
made by LA PORTE arising out of any act or omission of any director, officer or
employee of CMI in the execution or performance of this agreement shall be
made against CMI and not against such director, officer, or employee.
4
CMI will maintain the following minimum limits of insurance during the
term of this agreement:
1.
General Liability
Each Occurrence:
Fire Damage (Anyone fire)
Medical Expenses (Anyone person)
Personal & Adv Injury
General Aggregate
$1,000,000
$50,000
$5,000
$1,000,000
$2,000,000
$1,000,000
2.
Automobile Liability - Combined Single Limit
3.
Worker's Compensation Statutory
Each Accident
Each Disease - Each Employee
Each Disease - Policy Limit
$100,000
$100,000
$500,000
Payments. LA PORTE will make payments to CMI as outlined in Attachment "A" -
Scope of Services. CMI will not exceed this amount without prior written authorization
from LA PORTE.
IN WITNESS WHEREOF, CMI and LA PORTE have executed this Contract as of the
date written below and under the laws of the State of Texas.
LA PORTE, TX /1
By: dfl~tu _ c{).eCt/~
()
Title: t_/ KI trY! -a t1 a t1 ~ v-
I 0
Date: I~ - Ole; -D!)
Claunch & Miller, Inc. (CMI)
By: tt':-Af-- c! aL.
Title: ~'Y'"' ~ ',tJ....~
Date: ,- 03 - p~
5
ATTACHMENT "A" - SCOPE OF SERVICES
Claunch & Miller, Inc. (CMI) will work to assist LA PORTE in the completion of its Utility
Mapping Program (UMP) goals. The primary objective of this program is to survey,
map and publish comprehensive data relating to the City's public water and sanitary
sewer systems.
In addressing this project, five (5) primary tasks are required of CM!. Each task is
detailed below under "Task Order Agreements". CMI will provide technical expertise to
LA PORTE to survey, map and publish comprehensive data relating to the City's public
water and sanitary sewer systems.
Completion of LA PORTE's UMP and all related deliverables will occur no later than
December 15, 2006.
TASK ORDER AGREEMENTS
. Task Order No.1 - Convertine: Orie:inal Data (Phase II of Proposal):
The consultant will map all feature points, create line work, establish standard symbology and design attribute
tables for all utility points and lines from the City's original utility mapping program.
. Task Order No.2 - Collectine: New Data (Phase III of Proposal):
The consultant will provide training, assistance and technical support to the City in converting this data to the GIS
environment.
. Task Order No.3 - Creatine: Line Work for New Data (Phase IV of Proposal):
The consultant will provide training and technical support to the City as required.
. Task Order No.4 - Consultant's Review of New Data (Phase V of Proposal):
The consultant will provide quality-control review of new data in preparation for the City's pre-publication review.
. Task Order No.5 - Publication of UMP Data (Phase VII of Proposal):
The consultant will be responsible for preparation of fmal UMP mapping and data in the following formats:
1. UMP Map Books (25 individual books, 11" x 17" sheets, 1 :200 scale). Each book will contain individual
sheets for water system and sewer system.
2. City-wide Intranet access to completed UMP data.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: December 12tb. 2005
Requested By: Wayne J. S~
Department: Plannine:
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES -LNO
SUMMARY & RECOMMENDATION
The City has received an application from Aldersgate Trust to vacate, abandon and close the
Bellaire Avenue Right-Of-Way within the Bayshore Park Addition to the City of La Porte. The
applicant seeks closure of this Right-Of-Way to facilitate future development.
In reviewing the application, the Public Works Department has indicated that an existing 6" Water
Line is located along the South Right-Of-Way of Bellaire Avenue for which an easement shall be
retained. Each of the City's franchised utility companies (i.e. Centerpoint Energy, SBC & Time
Warner Connnunication) has received notification of the closing and each has submitted letters of
I'
no objection.
In accordance with Section 62.35 of the Code of Ordinances, Staffhas arranged for an independent
appraisal to be conducted of the Right-Of-Way in question. As a result, the fair market value of
the subject property has been assessed at $1.25 per square foot. The City has received
compensation in the amount of$19,585.54 (75% of Fair Market Value as per the ordinance) from
the applicant for the closing, which contains a total of20,835.68 square feet.
Recommendation:
Staff reconnnends that City Council authorize vacating, abandoning, and closing of the Bellaire
Avenue Right-Of-Way within the Bayshore Park Addition to the City Of La Porte, as petitioned by
the applicant.
Action Required of Council:
Consider approval of ordinance to vacate, abandon, and close the Bellaire Avenue Right-Of- Way,
within the Bayshore Park Addition to the City Of La Porte.
Approved for City Council Agenda
/ cJ,. - ~---{) ;)
Date
ORDINANCE NO. 2005-
~g&D
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE
BELLAIRE AVENUE RIGHT-OF-WAY, BAYSHORE PARK ADDITION TO
THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING A
WATERLINE EASEMENT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the record
owner of all of the property abutting the hereinafter described alleys in Bellaire Avenue
Right-Of-Way, Bayshore Park Addition to the City Of La Porte, Harris County, Texas; to
vacate, abandon, and permanently close the hereinafter described Bellaire Avenue Right-
Of- Way, Bayshore Park Addition to the City Of La Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has determined and does hereby
find, determine, and declare that the hereinafter described Bellaire A venue Right-Of-
Way, Bayshore Park Addition to the City Of La Porte, Harris County, Texas, is not
suitable, needed, or beneficial to the public as a public road, street, or alley, and the
closing of hereinafter described Bellaire Avenue Right-Of-Way, Bayshore Park Addition
to the City Of La Porte, Harris County, Texas, is for the protection of the public and for
the public interest and benefit, and that the hereinafter described Bellaire Avenue Right-
Of- Way, Bayshore Park Addition to the City Of La Porte, Harris County, Texas, should
be vacated, abandoned, and permanently closed.
2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Under and by virtue of the power granted to the City of La Porte under its
home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the
hereinafter described Bellaire Avenue Right-Of-Way, Bayshore Park Addition to the City
Of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and
closed by the City of La Porte, to wit:
The entire Bellaire Avenue Right-Of-Way, Bayshore Park Addition to the City Of
La Porte, Harris County, Texas, containing twenty thousand, eight hundred thirty-
five and sixty-eight hundredths (20,835.68) square feet as generally illustrated on
Exhibit "A" attached hereto and made part of herein;
Provided, however, the City of La Porte saves and excepts a public utility easement
for the exclusive use and benefit of the City of La Porte. Said public utility easement
shall be further subject to the provisions and restrictions contained in Sections 2, 3,
& 4 of this ordinance.
Section 2.
As a condition of passage and approval of this ordinance, the City of La
Porte hereby retains a waterline easement across this portion of the Bellaire Avenue
right-of-way, which waterline easement shall be sixteen (16) feet in width and lies eight
(8) feet on either side of the centerline of the existing six (6) inch diameter waterline in
the right-of-way. The City of La Porte, for itself, its successors and assigns, shall have
the perpetual right, privilege and easement, with appropriate rights of ingress and egress
and reasonable working area for construction and maintenance, to enter upon and
construct, reconstruct, maintain, operate, inspect, replace, restore, repair, and remove
public utility facilities, together with all necessary improvements in, over, under, through,
and across the public utility easement described in Section 2 of this ordinance.
3
Section 3.
No building, awning, overhang, or other structure may be placed on, over,
or across the public utility easement described in Section 2 of this ordinance. Provided,
however, nothing in this paragraph shall prevent the right of the owner of said property to
landscape or otherwise use the surface of said public utility easements so long as such use
is not inconsistent with the rights of the City of La Porte as described in Section 2. The
City of La Porte shall not be obligated to restore or repair any such landscaping or other
improvements disturbed, damaged, or removed by the exercise of such public utility
rights and privileges described in Section 2.
Section 4. The public utility easements retained in Section 2 and the provisions and
restrictions contained in Sections 2 & 3 of this ordinance may be redefined by mutual
agreement between the property owner and the appropriate franchised utility and or the
City of La Porte.
Section 5. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered, and formally acted upon. The City Council further
ratifies, approves, and confirms such written notice and the contents and posting thereof
4
PASSED AND APPROVED, TIDS / d.{/-DAY OF IJ.lC-
2005.
CITY OF LA PORTE
By ~~~~--
Alton Porter, Mayor
ATTEST:
vtr; d6{/;~ ~~
Martha Gillett, City Secretary
AP~
Knox W. Askins, City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Bud2:et
Requested By: Rohert Swanaean
Source of Funds:
Department: HUAlBR R.ellgtlr~ell
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
"A" Emergency Pay Policy
Ordinance ~ 00 3 . ~84 A-
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
When an emergency impacts City of La Porte employees' work schedules and status during
emergency conditions and a "state of emergency" has been determined by the City
Manager, the Emergency Pay Policies are to be implemented. The City Manager may grant
emergency administrative leave with pay and lor after the occurrence of a disaster,
whether natural or man-made. Implementation of this Emergency Pay Policy would ensure
a uniform and equitable pay system is in place to both exempt and non-exempt employees
who are required to work.
The City of La Porte Employee Polices Handbook should be amended to include The
Emergency Pay Policy in Section III, Compensation and Benefits as item #12.
This policy was approved by City Manager before hurricane to ensure (1) employees well
protected and granted hazard incentives to work the event and (2) documentation was in
order to be eligible for FEMA reimbursement during disaster times. Information for this
policy was solicited from other cities and customized by the executive team to best fit our
needs.
Action Required by Council:
Ratify the Emergency Pay Policy, retroactive to effective date of 9/21/2005.
Ju~Q~ cl003-:.l.t..t'i?t! ~
J.) ---f? ~ ,20() 3
APJj;1;;;g;J;; dL-
Debra B. FeazeIle, City Manager 'j.
/c2- 7-(}5
Date
ORDINANCE NO. 2684-A
AN ORDINANCE ADOPTING THE CITY OF LA PORTE EMPLOYEE POLICIES
HANDBOOK DATED SEPTEMBER 21, 2005, PROVIDING A SEVERABILITY 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
adopts the "City of La Porte Employee Policies Handbook" dated
September 21, 2005, a true and correct copy of which is attached to
this Ordinance as Exhibit "A", incorporated by reference herein,
and made a part hereof for all purposes.
Section 3. The City of La Porte Employee Policies Handbook
hereby adopted, shall supersede all previous City of La Porte
Personnel Policy Manuals and City of La Porte Employee Policies
Handbooks heretofore adopted by the City Council of the City of La
Porte, on its effective date of September 21, 2005.
Section 3. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
or the City of La Porte Employee Policies Handbook hereby adopted,
shall for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, or said Employee
Policies Handbook, 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 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 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 5. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered. The City of La
Porte Employee Policies Handbook adopted by this Ordinance, shall
be effective from and after September 21, 2005.
PASSED AND APPROVED, this 12th day of December, 2005.
CITY
OF LA PORTE
~tJ.'P~
By:
Alton
Mayor
ATTEST:
0Yltwi#- AAJ)
Martha A. Gillett
City Secretary
APPROVED:
~'l~
Cl rk T. Askins
Assistant City Attorney
2
City of La Porte
EMPLOYEE POLICIES HANDBOOK
Effective January 1 , 2004
Revised September 21,2005
CONTENTS
I. General Provisions
1. I ntraduction 4
2. Equal Employment Opportunity 5
3. Policy Against Harassment 5
4. Applicability 6
5. Definitions 6
II. Employment and Appointments
1. PROMOTIONS 8
2. TEMPORARY PROMOTIONS 8
3. TRANSFERS 8
4. ADMINISTRATIVE TRANSFERS 9
5. LATERAL TRANSFERS -INTER DEPARTMENTAL 9
6. LATERAL TRANSFERS -INTRA DEPARTMENTAL 9
7. VOLUNTARY DEMOTIONS 9
8. INVOLUNTARY DEMOTIONS 10
9. ApPOINTMENTS 10
10. EMERGENCY TEMPORARY ApPOINTMENTS 11
11. BENEFITS 11
12. INTRODUCTORY EMPLOYMENT PERIOD 11
13. NEPOTISM 11
14. RESIDENCE 12
III. Compensation and Benefits
1. POSITION CLASSIFICATIONS 13
2. SALARY ADMINISTRATION 13
3. METHOD OF PAYMENT 13
4. SEPARATION PAY 13
5. OVERTIME PAY 13
6. STANDBY PAY 14
7. LONGEVITY PAY 14
8. JURY DUTY 15
9. RETIREMENT 15
10. CERTIFICATION PAY 15
11. EDUCATION REIMBURSEMENT 15
12. EMERGENCY PAY POLICY 16
IV. Leaves and Absence
1. Hours of Work 22
2. Attendance 22
Employee Policies Handbook/Page 2
3. Excused Absence 22
4. Unexcused Absence 23
5. Repeated Unexcused Absences 23
6. Holidays 23
7. Vacation Leave 24
8. Sick Leave 25
9. Military Leave 27
10. Bereavement Leave 27
11. Administrative Leave 27
12. Leave Without Pay 28
13. FMLA Leave 28
14. Absences in Excess of 120 Calendar days 30
V. Regulations and Conduct
1. Standards of Job Performance and Conduct 31
2. Work Standards 31
3. Misconduct 31
4. Personal Appearance 32
5. Employee Financial Obligations 32
6. Operation of City Owned Vehicles and Equipment 32
7. Outside Employment 32
8. Use of City Property 33
9. Smoking 33
10. Drugs and Alcohol 33
VI. Discipline, Reviews, and Complaints
1. Discipline 34
2. Employee Complaints 37
3. Texas Whistle Blowers Act 37
VII. Non-Disciplinary Termination
1. Voluntary Termination 38
2. Inability to Perform Job 38
3. Termination due to Reorganization or Economics 38
VIII. Personnel Records and Searches
1. Personnel Files 39
2. Searches 39
Employee Policies Handbook/Page 3
I. GENERAL PROVISIONS
1. Introduction
This Employee Policies Handbook is intended to give you information about the
main features of the City of La Porte's employment policies, benefits and certain
other general information. It does not and is not intended to cover all these
matters in detail.
The policies contained in the Employee Policies Handbook are not intended to
create, nor are they to be construed to constitute, a contract between the City of
La Porte and its employees. Nothing contained in these policies shall create an
entitlement to, or property interest in, continued employment with the City.
This policy manual supersedes any and all previous personnel policy manuals
approved or utilized by the City of La Porte and becomes effective January 1,
2004.
Department or division regulations or procedures relating to employment matters
that were adopted prior to the date of these policies remain in effect, to the extent
they are not in conflict with these policies. After the date of the adoption of these
policies, City departments or divisions may adopt, delete, or modify written
procedures relating to employment matters that are needed for the efficient
operation of the department or division if not in conflict with the policies contained
in the Employee Policies Handbook.
The City Manager is vested with the general authority and responsibility for the
conduct and administration of municipal affairs. This authority does not
supersede matters of appointment reserved to the City Council by City Charter
provisions. The City Manager, or designated appointee, is responsible for
appointments to all positions and the establishment and maintenance of
standards of efficiency. Final authority in the form of review and approval is
reserved by the City Manager with regard to all matters of subjects covered by
these policies.
This policy manual is not intended to be the only source of City information.
From time to time, you will receive additional information from your Department
Director, Supervisor, and from other City publication programs.
While every effort is made to make this policy manual comprehensive, it is not
possible to include all details and possible exceptions to general rules. In that
regard this policy manual is a guide, and not a binding legal document. The City
of La Porte reserves the right to modify, revoke, suspend, terminate, or change
any or all such policies and practices, in whole or in part, at any time, with or
without notice.
Employee Policies Handbook/Page 4
2. Equal Employment Opportunity
It is the City's policy to provide equal employment opportunities for all applicants
and employees. The City does not unlawfully discriminate on the basis of race,
color, religion, sex, national origin, ancestry, age, disability, or veteran status.
This policy applies to all areas of employment including recruitment, hiring,
training, promotion, retention, compensation, benefits, transfer, and discipline.
Any incident of discrimination should be reported to the employee's supervisor,
division manager, department director, or human resources. Human Resources
is responsible for investigating the matter.
3. Policy Against Harassment
The City is committed to providing a workplace free of sexual harassment or
harassment based upon race, color, religion, national origin, ancestry, age,
disability, or veteran status. The City strongly disapproves of and will not tolerate
harassment of employees by managers, supervisors, or co-workers. The City
will also attempt to protect employees from harassment in the workplace from
persons who are not employees.
Harassment includes any conduct that creates an intimidating, offensive, or
hostile working environment or that interferes with work performance. Some
examples include racial slurs, ethnic jokes, posting of offensive statements,
posters or cartoons, and similar conduct. Sexual harassment includes
solicitation of sexual favors and unwelcome sexual advances or other
unwelcome conduct of a sexual nature.
An employee should report any incident of harassment, including work-related
harassment by any City employee or any other person, promptly to the
employee's supervisor, division manager, department director, or human
resources. Human Resources is responsible for investigating the matter.
Supervisors, division managers, or department directors who receive complaints,
notification, or who observe harassing conduct must inform Human Resources
immediately. An employee is not required to notify or complain first to the
employee's supervisor if the employee feels uncomfortable doing so (for
example, if the supervisor is the individual who is harassing the employee).
However, the employee must report the complaint to a supervisory employee
including supervisors, division managers or department directors, OR to Human
Resources. Complaints to co-workers do not provide the City adequate notice to
properly investigate complaints.
Every complaint or notification of harassment that is reported to Human
Resources will be investigated thoroughly, promptly, and in as confidential a
manner as possible.
Employee Policies Handbook/Page 5
The City will discipline any employee found to have violated this policy.
Disciplinary action can range from a verbal or written warning up to and including
termination. If harassment by customers or vendors occurs, corrective action will
be taken following consultation with the appropriate management personnel.
4. Applicability
These personnel policies shall apply to all City employees except where these
policies may be in conflict with federal, state, or local legislation. Supplemental
rules for all City departments may be developed within the respective
departments so long as these departmental policies do not conflict with City
personnel policies and procedures. These policies relate only to matters of
personnel management and do not include any departmental procedures,
standard practices, standing orders or other technical matters.
The City of La Porte Civil Service Commission regulates all classified Civil
Service personnel in the Police Department and shall apply in case of any
conflict with the City of La Porte Employee Policies Handbook. Where Civil
Service policies are silent, the City of La Porte Personnel Policies apply.
5. Definitions
The words and terms used in this Employee Policies Handbook shall cover the
following meanings, unless the context clearly indicates otherwise.
ABSENCE - Not at the assigned workstation during a scheduled time
ABSENCE WITHOUT LEAVE - When an employee fails to report for work or to
remain at work without proper notification, authorization, or excuse
ABSENTEEISM - The frequent or periodic practice of not being present for work
ANNIVERSARY DATE - The employee's date of hire or most recent promotion
date
CERTIFICATION PAY - Additional compensation for acquired skills in
accordance with approved departmental certification programs
CONFIDENTIAL EMPLOYEE INFORMATION - Employee records, documents,
pay documents, etc. that are maintained by the City that will not be released
without proper required documentation
DEMOTION - A demotion is the assignment of employees from their current
grade level to a grade level having a lower maximum salary
Employee Policies Handbook/Page 6
DISCIPLINARY ACTION - Any process taken to correct inappropriate employee
behavior ranging from verbal reprimand up to and including termination
HOLIDAY PAY - A set number of paid holidays each year, approved by the City
Manager
INTRODUCTORY EMPLOYMENT PERIOD - A designated period of time
following an appointment, reinstatement, promotion, demotion, or transfer in a
City position, during which time an employee is not eligible to dispute termination
NEPOTISM - Family relationships to the employee based upon consanguinity
(blood relatives) or affinity (relatives through marriage)
PAY FOR PERFORMANCE (PFP) DATE - The date employees are eligible for
Pay for Performance Increases
PROMOTION - The assignment of an employee from one grade level to another
grade level having a higher maximum salary. Temporary promotions can occur
for business necessity
QUALIFIED - Having the minimum education, experience, and skills required to
hold a certain position
SPECIAL AWARD DAY - A day off with pay for an employee receiving a special
award designated by the City
SUSPENSION - A disciplinary action in which the employee is restricted from
working and receiving pay for a specified period of time
TEMPORARY EMPLOYEE - Non-permanent employees hired for a specified
period of time
Employee Policies Handbook/Page 7
II. EMPLOYMENT AND APPOINTMENTS
I. Promotions
The City will attempt to provide promotional opportunities to existing employees,
when possible. A selection process may be limited to qualified City employees,
or such employees may be given preference in application or consideration.
Opportunities for promotion across organizational lines shall also be possible,
contingent on business necessities at the time. All promoted employees shall
serve a 6-month Introductory Employment Period in the new position.
The following procedures apply to promotions:
1. Departments notify Human Resources of all existing and anticipated
vacancies
2. Human Resources posts the vacancies by sending job announcements to
posting sites located throughout the City
3. Job announcements shall be posted and remain open for a minimum of 3
working days
4. All applications must be received and processed through Human
Resources in order to be considered
When, in the course of the normal budget process, a currently filled position will
no longer exist, but will be replaced with a position having a higher classification,
the employee in the former position may be promoted to the new grade level
without the formal hiring process.
2. Temporary Promotions
The City Manager may authorize a temporary promotion if a position is vacant or
its regular incumbent is absent. Temporary promotions are for a specific period
of time as determined by the City Manager. Employees temporarily promoted
may be additionally compensated for the duration of their temporary assignments
according to the promotional grade level. (Ref. City policies Compensation for
Temporary Assignments, and Salary Administration of the Personnel Policy
approved by Council as subsequently amended).
Employees temporarily promoted shall not acquire any status or rights in the
class to which they are temporarily assigned.
3. Transfers
The City will attempt to transfer employees wishing to transfer when it does not
adversely affect the City's interests or the interests of other employees.
Employee Policies Handbook/Page 8
The following terms shall govern all transfers:
1. A 6-month Introductory Employment Period shall be served in the new
position.
2. If the employee is not satisfied in any way during the introductory period,
the employee may request a transfer back to the former position, providing
it has not been filled and the affected Department Directors and Human
Resources approve the return to the former position.
3. Should the employee fail to meet the Introductory Employment Period and
their former position is no longer vacant, the employee may be separated
from the City's service.
4. Administrative Transfers
An administrative transfer is an assignment of an employee from one position to
another not involving promotion or demotion. A transfer may be for
administrative convenience or upon request of the employee, provided the
employee is qualified for the position. Transfers between grade levels or
between departments shall become effective following recommendation by
Human Resources and approval by the City Manager.
5. Lateral Transfers -Inter Departmental
A lateral transfer is the transfer of an employee between two departments and
within the same grade level, provided the employee is qualified for the position.
6. Lateral Transfers - Intra Departmental
Nothing within this section shall prevent a Department Director from transferring
an employee within the department to another position within the same
department, provided the new position is a lateral move (comparable job
description and pay grade level).
Administrative, Interdepartmental, and intradepartmental lateral transfers shall
abide by the same terms as above, excluding the 6-month introductory period,
and do not require a posting of the job opportunity announcement.
7. Voluntary Demotions
Voluntary Demotions require the approval of the Department Director, the Human
Resources Manager, and the City Manager, and will be considered only if they
are in the best interest of the City. If approved, employees may be
administratively demoted at their own request, or as an alternative to layoff.
Such demotions shall not be considered disciplinary actions or disqualify the
Employee Policies Handbook/Page 9
employee involved from consideration for future advancement. Demotions
resulting from alternatives to layoffs may be fully or partially rescinded at any
time. Demoted employees shall successfully complete a 6-month introductory
period, but will not be eligible for a salary adjustment until one-year from date of
demotion.
8. Involuntary Demotions
Involuntary Demotions require the approval of the Department Director, Human
Resources, and the City Manager. This action may be taken for disciplinary
purposes. An employee involuntarily demoted shall not be disqualified from
consideration for future advancement.
9. Appointments
The purpose of categorizing positions within the City service is to designate the
nature of the position's work routine as well as to clarify the eligibility of benefits
provided to the particular type of position.
There are two types of appointments: Regular and Temporary. Regular
appointments are further divided into:
Regular Employees
1. Regular full-time employees are those who work a minimum of 40 hours
per week, or 53 hours per week for 24-hour shift personnel, but are not
employed for only a specific period of time or for a special job task or
project.
2. Regular part-time employees are those who work less than 40 hours per
week on a regular basis. Regular part-time employees in the 24-hour shift
job class may work over 40 hours per week, but less than 53 hours per
week.
Temporary Employees
1. Temporary full-time employees are those who work a minimum of 40
hours per week, or 53 hours per week for 24-hour shift personnel, but are
employed only for a specific period of time or for a special job task or
project.
2. Temporary part-time employees are those who work less than 40 hours
per week, or less than 53 hours per week for 24-hour shift personnel, for a
specified period of time or for a special job task or project.
Employee Policies Handbook/Page 10
10. Emergency Temporary Appointments
During an emergency, if City employees are unable to provide the necessary
services, the City Manager may immediately fill positions without regard to
normal selection and appointment methods. Such appointments shall be for
periods not to exceed 30 working days. Persons receiving emergency temporary
appointments are not eligible for benefits other than worker's compensation
coverage.
11. Benefits
Regular full-time employees are eligible to receive the full scope and level of
benefits offered by the City.
Regular part-time employees are not eligible to receive any benefits other than
worker's compensation coverage.
Temporary employees, whether full-time, part-time or emergency temporary
appointments, are not eligible to receive any benefits other than workers'
compensation coverage.
12. Introductory Employment Period
Department Directors and supervisors shall use the 6-month (1-year for Civil
Service) Introductory Employment Period to closely observe and evaluate the
employee and if necessary recommend corrective actions to better fulfill the
expectations of the job description. Only those employees who maintain
acceptable work performance during their introductory periods shall be retained.
The City's Review of Disciplinary Action Policy does not apply to anyone
terminated during the introductory employment period.
An introductory employee's employment period may be extended up to an
additional 60 days. Any introductory employment extensions must have the City
Manager's approval prior to any action being taken.
13 Nepotism
No person related, within the second degree affinity, or within the third degree by
consanguinity, to the Mayor or any Councilperson or to the City Manager shall be
employed or appointed to any office, position, or clerkship of the City. This
prohibition shall not apply, however, to any person who shall have been
employed for 6 months or more by the City at the time of the election or
appointment of the officer to whom he or she is related. (City Charter Provision
8.02, subsection c., as amended by Texas Government Code, Section 573.062,
subsection [a] [8]).
Employee Policies Handbook/Page 11
Second degree of affinity includes spouse (including unmarried domestic
partners), stepchildren, spouse's grand children, mother-in law, father-in-law,
brother-in-law, sister-in-law, spouse's grand parents.
Third degree of consanguinity includes children, grand children, great grand
children, parents, brother, sister, nephews, nieces, grand parents, uncles, aunts,
great grand parents.
An applicant may not be hired as a full-time or part-time regular employee in any
department if that department already employs a person who is within the second
degree of affinity or third degree of consanguinity of the applicant.
If an employee becomes within the second degree of affinity or third degree of
consanguinity of another employee who works in the same department, neither
employee may be promoted to any position that has any supervision or authority
over the other either directly or through the chain of command.
No employee may supervise or be supervised by a person who is within the
second degree of affinity or third degree of consanguinity. Two or more
employees within the second degree of affinity or third degree of consanguinity
may not report to the same supervisor.
In the event two City employees are in violation of the nepotism policy, both
employees shall be consulted and the two employees, jointly, shall make the
decision as to which one shall leave City employment. In such cases where the
two employees cannot reach agreement within 10 days of written notice, the City
Manager shall make the decision to which one shall leave City employment,
which decision shall be binding and final.
14. Residence
There shall be no absolute requirement of residence for City employment except
as may be required by law or City Charter. Employees who may be subject to
emergency call and/or periodic service in a stand by status may be required to
establish residency within a reasonable distance from the principle work site, to
assure a timely response, as determined by each departmental rules and
policies.
Employee Policies HandbooklPage 12
III. COMPENSATION & BENEFITS
1. Position Classifications
All City positions are classified as either exempt or nonexempt, and paid in
accordance with the Fair Labor Standards Act.
2. Salary Administration
The City may have one or more salary schedules that correspond with the
position classification plan. All salary schedules shall be administered in
accordance with the City policy Salary Administration of the Personnel Policy
approved by Council as subsequently amended.
3. Method of Payment
Employees shall receive a bi-weekly paycheck. The paycheck will ordinarily
cover the preceding pay period. A pay period is completed every 2 weeks and
ends the Sunday prior to the next Friday payday.
If a payday falls on a holiday, paychecks will be issued the last business day
prior to the holiday.
Employees may receive a paycheck 1 day early in accordance with procedures
issued by the Director of Finance.
Paychecks may be given to someone other than the employee if the employee
provides proper notification to the representative responsible for check
distribution.
4. Separation Pay
Employees who terminate employment with the City in accordance with the Exit
Interview Procedures issued by Human Resources will be paid accrued benefits
and will be paid in accordance with Article 5155 of the Revised Civil Statutes of
Texas.
Any employee who does not return City issued property will have the cost of the
City's property deducted from the final paycheck.
5. Overtime Pay
Employees shall work overtime hours only when-necessary and not without prior
approval of their Department Director. Overtime hours are computed at the rate
of one and one-half times the regular hourly rate of pay. The City follows the Fair
Labor Standards Act (FLSA) in administering overtime pay.
Employee Policies Handbook/Page 13
Under the Fair Labor Standards Act and amendments of 1985, the City of La
Porte has elected to utilize exception 7 (k) and has established a 28-day work
cycle for its Firefighters who regularly work 24-hour shifts. The recognized
average workweek for these employees is 53 hours. For 24-hour Firefighter shift
personnel, the workweek shall begin and end at the start of the first work shift
after the first Sunday midnight in the 28-day work cycle.
Calculation of overtime pay for 24-hour Firefighter shift personnel shall be based
on the number of hours worked over 212 in a 28-day work cycle. Overtime pay
will be calculated and employees compensated for hours worked over 212 at the
conclusion of the 28-day cycle or every other payday.
Hours worked is defined for all personnel to mean hours of physical presence at
a job site.
When an overtime eligible employee who is on scheduled time off is required to
work unscheduled hours during the same work week as the scheduled time off,
the scheduled time off will be counted as "hours worked" thereby allowing the
employee to be eligible for overtime pay. For purposes of this policy, scheduled
time off is:
1. Approved holiday leave
2. Jury duty
3. Military leave
4. Vacation
6. Standby Pay
Employees who are required to be on standby duty shall be compensated at a
predetermined rate of pay while on standby status. Employees scheduled for
standby duty must be able to be at the work site within 1 hour of the call to work.
Employees who work overtime during their assigned standby duty period shall be
paid at one and one-half times their regular basic hourly pay rate in accordance
with FLSA, as well as the predetermined standby duty pay rate.
Standby pay shall not be paid to any employee:
1. Who is placed on standby due to emergency situations such as hurricanes
and floods
2. Who is placed on standby while awaiting court proceedings
7. Longevity Pay
Longevity pay is a benefit for length of continuous regular full-time employment
with the City. On the first of December each year all regular full-time employees
Employee Policies Handbook/Page 14
who have completed one full year's service with the City, will be paid this benefit.
The benefit is calculated on the basis of the number of months of continuous
service, not to exceed 300 months, at the rate established by the City Council.
8. Jury Duty
Employees shall be granted leave of absence from regular work hours when
called for jury service. This authorized absence is for the duration of the
scheduled jury service only. Employees who miss regularly scheduled work
hours due to jury service shall return to work upon completion of daily jury
service, provided there are regular work hours remaining. Employees on
authorized leave for jury service shall receive compensation at their regular pay
rate, in addition to any pay received for jury service. Documented jury service
slips must be furnished to the Department Director in order for the absence to be
authorized.
9. Retirement
All regular full-time employees are required to participate in the Texas Municipal
Retirement System. The provisions of the retirement program are covered in the
TMRS Handbook, available in Human Resources.
10. Certification Pay
Departments with an approved certification pay program shall administer
certification pay. The City Manager has the final authority for approving or
disapproving departmental certification programs.
11. Education Reimbursement
It is the City's policy to provide education reimbursement in order to help
employees develop current and potential future job skills. The Education
Reimbursement Policy and Procedures are maintained and administered by
Human Resources. Highlights of the policy include, but are not limited to:
1. Only regular full-time employees are eligible
2. Employees must attend courses during off-duty hours and will not be
compensated for their course work as hours worked
3. The course(s) must be directly related to the employee's job, and must be
approved prior to registration by the Department Director and Human
Resources
Employee Policies Handbook/Page 15
4. The City will reimburse the employee's cost of tuition, lab fees, books,
valid campus parking fees, and building uses fees. The employee must
receive a passing grade of C or above in order to receive reimbursement.
5. The City will not reimburse courses covered by Veteran or other
educational assistance programs, nor does it cover any incidental
expenses such as deposits, supplies, or other personal expenses.
6. The City may prepay continuing education courses required through
established goals and objectives on an employee's evaluation, with
approval by the Department Director. A certificate of completion shall be
required and shall be turned in to the Human Resources Division for
placement in the employee's file. Any employee who does not complete a
prepaid course, or does not submit a certificate of completion, shall be
excluded from any future prepaid options.
12. EMERGENCY PAY POLICIES
POLICY
When an emergency impacts City emplovees' work schedules and status during
emergency conditions and a "state of emergencv" has been determined bv the City
Manager, the City Manager may grant emergency administrative leave with pay and/or
after the occurrence of a disaster, whether natural or man-made.
If it is determined that a civil emergency condition exists, including, but not limited
to, riots, civil disorders, severe weather or hurricane conditions, other natural
disasters, chemical incidents, or similar conditions, the City Manager may
suspend all provisions of the City of La Porte's Personnel Rules except for those
sections concerning Safety and Wages and Discipline.
Scope
This practice applies to all non-exempt and exempt employees, and includes civil
service personnel.
DECLARATION OF EMERGENCY
Notification of State of Emergency: When a state of emergency is imminent or
has been declared, the City Manager or designated supervisor will notify all
employees through department directors or managers of such declaration.
Employee Policies Handbook/Page 16
EMERGENCY PERIODS
Pre-Impact Period This is the time period prior to the impending disaster and
includes emergency response activities and preventive measures by the City of
La Porte's departments in preparing for the impending emergency. This period
begins when the City Emergency Operations Center or the City Manager
declares an emergency is imminent.
Emeraencv Period This is the time period during which emergency
response activities and restoration of critical services are conducted to protect life
and property, and most other regular City services are suspended. This period
begins when the City is closed for normal business and ends when the City
Manager declares it safe for all employees to return to work.
Post Impact/Recoverv Period This is the time period during which activities
are conducted to restore the City's infrastructure and services to pre-disaster
conditions. This period begins when the City Manager declares it safe for all
employees to return to work, and ends when the City Manager declares the
period is over.
No one is excused from work until the City Manager, through the department
directors, authorizes employees to leave, even if a public announcement of office
closures or suspension of services is issued. Employees must return to work as
soon as an emergency is over to participate in the Post Impact/Recovery Period.
Employees dismissed from work during an emergency will be on emergency paid
administrative leave.
Said leave will start when the employee is dismissed by his/her Department
director and will continue until the City Manager declares it is safe for all
employees to return to work. Employees are expected to return to work on their
next scheduled day or shift following the City Manger's declaration. If an
employee fails to show up for work or cannot show up for other reasons then the
time lost will be Leave of Absence Without Pay, unless other paid leave
(vacation, sick, etc.) is approved.
The City of La Porte recognizes that employees have personal and family responsibilities
that may conflict with the obligation to fulfill their iob requirements during hazardous
weather or state of local emergency. When evacuation of personal residences is
required, employees will be oermitted and expected to make arrangements for their
families like any other citizen, including the use of authorized shelters. Employees who
are not able to return to work due to emergency conditions (jor instance, they have
evacuated the area and are unable to return, or they are unable to leave their residence
to return to work at City facilities due to imoassable roadways, etc.) must contact their
department director or designated supervisor as soon as possible and utilize aopropriate
leave time.
Employee Policies Handbook/Page 17
During a state of emergency, any unauthorized absence from work or
assignment may be considered sufficient cause for discharge.
EMPLOYEE STATUS
Prior to a declaration of a civil emergency. Department Directors shall, designate
"Emergency Essential" and "Emergency Non-Essential" personnel. All versonnel shall
be advised of their status as of January 1st each vear. Individual emvloyee status may
change. as the needs of the City change during the civil emergency. or at the discretion of
the Department director.
"EmerJ!ency Non-Essential" - After a needs assessment is made. some emvloyees may
be temporarily dismissed from work. concurrently or successively. as determined by the
emergency need and the department or function and those will be designated as
"Emergency Non-Essential." They will be placed on emergency Paid Administrative
Leave pursuant to this volicy.
"Emergency Essential" - Each department director is responsible for
identifying those employees who will be required to remain or respond in the
event of emergency conditions and those employees will be designated as
"Emergency Essential." "Emergency-Essential" employees may be required to
be available immediately before (Pre-Impact), during (Emergency)-e.g., those
within the Emergency Operations Center-and/or after the disaster or emergency
condition (Post-Impact/Recovery) to perform duties directly related to the
emergency conditions, as determined by City.
"Post-Impact/Recovery Assigned" - Post-emergency. all City employees are considered
Post-Impact/Recovery Assigned emvloyees. All City emvloyees are to return to work
after the City Manager declares it is safe to do so. After the return to work, some
employees may be further identified as "Essential Recovery," while others may be
temporarily excused from work. The City Manager and each devartment or function is
responsible for identifying those emvloyees who are essential to the quick restoration of
critical services to the community. These employees designated as "Essential Recovery"
employees are required to work during periods after the emergency when other
employees may be dismissed on leave or furlough. Notwithstanding, an "Essential
Recovery" employee will be allowed reasonable emergency paid administrative leave to
secure the employee's home and family and attend to immediate personal needs resulting
from the emergency.
Emergencv Duty Assignment: In the event of an emergency. the City Manager may
assign employees to any duty to the extent that the City is not in violation of any State or
Employee Policies Handbook/Page 18
Federal Law. This includes emplovees of one devartment serving in an emergencv
capacity for anv other devartment or function as assigned.
COMPENSATION FOR HOURS WORKED DURING A DECLARED STATE OF
EMERGENCY
1. During declared emergency status, at the director's/supervisor' approval exempt-
status
employee(s) may accrue compensatory time up to 160 hours. After the 160 hours
are exhausted, the exempt-status employee(s) base salary will be computed to
arrive at an hourly rate; then the City will pay the exempt-status employee(s) 1
1/2times their hourly rate.
2. During the Emergency Period, employees released from work or who are not
required to report to work due to the emergency event shall receive pay for their
normally scheduled workday. These hours shall count as "time worked" for the
purpose of computing overtime for non-exempt employees and shall be clearly
noted on the time sheet with the appropriate emergency coding as designated by
the Finance Department.
3. During the Emergency Period non-exempt (hourly, overtime eligible) employees
shall (subject to section 1) be paid at a rate of two times (2x) base straight pay
for normally scheduled hours and one and one-half times (1.5x) for all hours
worked outside their regular scheduled work hours during the declared emergency
conditions, when other employees are allowed administrative leave, until the City
Manager declares that it is safe for all employees to return to work. After such
time, the employee will be paid according to the normal pay policy.
4. During the Emergency Period and Post Impact/Recovery period, exempt
employees shall be compensated by receiving payor compensatory time subject
to section 1 for all time worked in excess of forty (40) hours in each work week
during the declared emergency/disaster and Impact/Recovery period. The rate of
pay for such additional hours worked shall be equivalent to the exempt
employee's hourly rate of pay computed as if the employee was not paid on a
salary basis. The additional compensation shall be in addition to the employee's
regular salary. Each department will provide the appropriate forms for exempt
employees to document their hours worked. Nothing herein shall be construed to
affect the exempt status of such employees.
5. Employees who are out on prior-approved leave or who called in sick or took
unscheduled discretionary day during any of the three periods will continue to be
charged for such leave.
6. All other policies concerning remuneration shall comply with the City of La
Porte's Personnel Rules and the Fair Labor Standard A
Employee Policies Handbook/Page 19
7. At the director's discretion, previously approved leave, vacation etc,
may be cancelled when a state of emergency is imminent or
declared.
SUMMARY OF
EMERGENCY
PAY PROVISIONS
Pre-Impact Period - Emergency Period - Post Impact/Recovery Period -
This is the time period prior to the This is the time period during This the time period during which
impending disaster. This period which emergency response activities are conducted to restore
includes emergency response activities and restoration of critical the City's infrastructure and
preparation activities and services are conducted to protect services to pre-disaster
preventive measures by the City life and property, and most other conditions, and some City
of La Porte departments in regular City services are services may be suspended.
preparing for the impending suspended.
emergency.
Starts -County activates EGC or Starts - City is closed for business Starts - City Manager declares all
the City Manager declares an Ends -- City Manager declares all clear
emergency is imminent clear Ends -- As declared by Dept.
Ends -City Closes for business Heads in consultation with CM
FOR THOSE PERSONS DESIGNATED AS ESSENTIAL
How do you pay for each period?
Regular Pay practices up to 4 hours administrative leave. PIP
Non-Exempt -2x for all scheduled hours EP
1.5x for all hours outside schedule. EP
Exempt-1x for all hours 40+ PIR
Non-Exempt-Regular Practices PIR
Exempt-1 x for all hours 40+PI R
How do you pay if on Pre-approved Leave?
Continue to charge leave PIP
Continue to charge leave EP
Continue to charge leave PIR
How do you pay if on a regular day off?
No extra pay PIP
No extra pay EP
Employee Policies Handbook/Page 20
No extra pay PIR
When do you require the Employee to use leave?
Must take paid leave or LWOP if absent PIP
Administrative Leave EP
Must take a paid leave or LWOP if absent PI R
FOR THOSE PERSONS NOT DESIGNATED AS ESSENTIAL
How do you pay for each Period if Employee works?
Regular Pay practices up to 4 hour administrative leave PIP
Non-Exempt-2x for all scheduled hours 1 .5x for all hours outside scheduled EP
Exempt-1x for all hours 40+ EP
No-Exempt-Regular Practices PIR
How do you pay if on Pre-approved leave?
Continue to charge leave PIP
Continue to charge leave EP
Continue to charge leave PIR
How do you pay if on a regular day off?
No extra pay PIP
No extra pay EP
No extra pay PIR
When do you require the Employee to use leave?
Must take a paid leave or LWOP if absent PIP
Administrative leave EP
Must take paid leave or LWOL if absent PIP
Employee Policies HandbooklPage 21
IV. LEAVES AND ABSENCE
1. Hours of Work
Regular business hours are 8:00 a.m. to 5:00 p.m. Monday through Friday.
Supervisors shall implement work schedules, breaks, and lunch schedules to
accomplish the requirements of their departments and divisions. Individual
employees may be scheduled to work special hours or shifts.
2. Attendance
Employees shall be required to be at their places of work in accordance with this
policy and their departmental regulations. An employee who fails to report for
duty, is habitually tardy, leaves the workplace without proper authorization, or
misuses leave is subject to disciplinary action up to and including termination.
All departments shall maintain daily attendance records.
3. Excused Absence
Examples of excused absences include: paid sick leave, vacation, holidays, jury
duty, bereavement leave, and injury leave.
To be eligible for an excused absence of sick leave, employees must contact
their supervisor no later than 15 minutes after the start of their regularly
scheduled starting time, unless superseded by departmental rules. Other
excusable leaves of absence shall be pre-approved by the Department Director
according to department regulations.
Employees must provide their supervisor with the reason for the absence and the
date and time the employee expects to return to work. The supervisor may
waive the 15-minute provision due to extenuating circumstances.
In order for the absence to be considered excused, an employee may be
required to furnish a doctor or hospital statement to the supervisor verifying an
illness or accident and medically releasing the employee from any of the
following circumstances:
1. When an illness or accident caused the employee to be hospitalized.
2. When the absence was for more than 3 consecutive workdays. Twenty-
four hour shift personnel may be required to submit said medical
statement if absence exceeded 2 consecutive workdays.
3. When the absence occurred on a regularly scheduled workday preceding
or following a holiday or regularly scheduled vacation day.
Employee Policies Handbook/Page 22
4. When the employee's return to work will pose a direct threat to the safety
or health of others.
5. When an employee is under the physical report status provision of the sick
leave policy.
4. Unexcused Absence
Unexcused absence may be defined as follows. This list is not intended to be all-
inclusive:
1. Tardiness
2. Unverified sick time
3. Unauthorized time off
4. Failure to call supervisor within fifteen minutes after the start of the
employee's scheduled work time.
5. Repeated Unexcused Absences
Employees repeatedly incurring unexcused absences shall be subject to
disciplinary action up to and including termination.
Unexcused absences from work for a period of 3 full consecutive working days
shall be considered as a voluntary resignation. Twenty-four hour shift personnel
with unexcused absences of 2 consecutive shifts shall be considered as a
voluntary resignation.
6. Holidays
The following is a list of approved holidays:
New Year's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving
Christmas Eve
Christmas Day
Employee Discretionary Day
January 1
Friday before Easter
Last Monday in May
July4
First Monday in September
Fourth Thursday & Friday in November
December 24
December 25
Designated by Employee
If an official City holiday occurs on a Saturday, it will be observed on the Friday
before. If an official City holiday occurs on a Sunday, it will be observed on the
Monday after.
Employee Policies Handbook/Page 23
Shift personnel will observe official City holidays on the actual day of observance.
Regular full-time employees will be paid one workday's pay for each holiday. To
be eligible for holiday pay, the employee must work the scheduled workdays
preceding and following the holiday unless the Department Director approves an
excused absence.
Employees scheduled to work on a holiday, and who fail to work as scheduled,
without an excused absence, will not be eligible for holiday pay. An employee
required to work on a holiday will receive the holiday pay plus the overtime rate
of one half times the regular rate of pay for hours worked.
Official City holidays shall be considered the same number of hours as an
employee's regular workday.
7. Vacation Leave
The following applies for vacation leave:
1. Regular full-time employees accrue vacation leave each pay period.
2. Vacation leave shall be scheduled with the employee's supervisor as far in
advance as possible. Use of vacation leave shall be at the convenience of
the employee. However, vacation leave will not be allowed to interfere
with the normal functions of City operations. Should there be a conflict
between one or more employees regarding the dates of vacation leaves,
preference may be given to the employee with the longest length of
service with the City.
3. Vacation leave is accrued as follows:
Employees whose regularly scheduled workweek is 40 hours:
Years of Service Hours Accrued Vacation Leave
Per Pay Period Per Year
1~5 3.077 80 hours
6~10 4.616 120 hours
11~15 6.154 160 hours
16+ 7.693 200 hours
Employee Policies Handbook/Page 24
Employees whose regularly scheduled workday is 24 Hours and who were
hired on or after October 1, 1984:
Years of Service Hours Accrued Vacation Leave
Per Pay Period Per Year
1-5 4.616 120 hours
6-10 7.3847 192 hours
11-15 9.2308 240 hours
16 + 12.000 312 hours
Employees whose regularly scheduled workday is 24 hours and who were
hired prior to October 1, 1984:
Years of Service Hours Accrued Vacation Leave
Per Pay Period Per Year
6+ 13.846 360 hours
1. Employees eligible for vacation are strictly prohibited from accumulating
more than 1.5 times their annual accrual rate. Eligible employees are
encouraged to take vacation leave each year and will not be paid in lieu of
vacation leave.
2. Upon termination, employees will be paid accumulated vacation leave at a
rate based upon the employee's final hourly pay rate.
3. An employee on approved vacation leave who becomes ill during the
leave may have the vacation leave changed to sick leave for the period of
the illness. The employee shall be required to show a medical statement,
signed by a doctor, verifying the illness.
4. Vacation leave may be taken in 1-hour increments
5. An employee's designated beneficiary will be paid accumulated vacation
leave upon the death of the employee.
8. Sick Leave
Accrual
1. Regular full-time employees accrue sick leave at the rate of 4.62 hours per
pay period and 7.39 for 24-hour shift personnel.
2. Department Directors shall be responsible for reporting sick leave on
employees' time cards.
Employee Policies Handbook/Page 25
3. Regular full-time employees, hired prior to November 19, 1991, who
terminate shall receive, upon separation, payment for accrued but unused
sick leave, not to exceed 480 hours. Twenty-four hour shift personnel,
who terminate under the same conditions as above, shall be paid for
accrued but unused sick leave, not to exceed 768 hours.
4. Regular full-time employees hired after November 19, 1991, and who
terminate after 10 years of employment with the City, shall receive, upon
separation, payment for accrued but unused sick leave, not to exceed 480
hours. Twenty-four hour shift personnel who terminate under the same
conditions as stated in this paragraph, shall be paid for accrued but
unused sick leave, not to exceed 768 hours.
5. Regular full-time employees hired after November 19, 1991, and who
terminate prior to 10 years of employment with the City, shall not be
eligible to receive payment for accrued but unused sick leave upon
separation.
Use
An employee may use sick leave for:
1. The employee's illness or injury that prevents the employee from working
2. To receive medical care from a physician, dentist, or other health care
provider
3. In the event of an illness within the employee's immediate family or
household, or for routine health care appointments for the employee's
immediate family or household that cannot be reasonably scheduled
outside of working hours (Limited to 3 full days)
4. Sick leave exceeding 14 days must be in coordination with FMLA
Leave.
Sick leave exceeding 5 workdays in any 6-month period may cause an employee
to be placed on physical report status. Employees under this status shall be
required to submit to their supervisor a medical doctor's statement of fitness for
duty upon returning to work from an illness. Failure to submit such medical
statement may result in disciplinary action. Physical report status shall remain in
effect for 6 months from the date of the action.
Sick leave shall not be used for unexcused absences.
Employee Policies Handbook/Page 26
9. Military Leave
Military leave may be either military training leave or military duty leave (active
duty). Military training leave shall be leave with pay. Active duty shall be leave
without pay.
An employee of the City and who is a member of the state military forces or a
reserve component of the armed forces is entitled to leave absence from their
duties on a day on which the person is engaged in authorized training or duty
ordered or authorized by proper authority. During a leave of absence, the
employee may not be subjected to loss of time, efficiency rating, vacation time, or
salary. Leaves of absence under this paragraph may not exceed 15 days in a
federal fiscal year. (Texas Government Code, Section 431.005)
Regular employees who present official induction orders (draftee or reserve unit
call up) to enter the United States Armed Forces, the Texas National Guard, or
the Texas State Guard will be eligible for military duty leave without pay. At the
time of military discharge, the employee shall be reinstated at a position
comparable to what the employee would have attained had he not been on active
duty. This shall include any promotions and/or pay raises for which the
employee would have been eligible had the employee been at work instead of
active duty. (Per Uniformed Services Employment and Reemployment Rights
Act 38 U.S.C. 2021 et. seq)
10. Bereavement Leave
The City will grant a maximum of 3 days bereavement leave per calendar year
for an employee to attend the funeral of a family member including spouse, and
the following of either the employee or spouse: child, brother, sister, parents,
grandparents, or foster parents. Department Directors may approve the
employee's request to take sick and/or vacation leave in addition to the 3 days
bereavement leave as follows:
1. The first 3 days will be charged to bereavement leave
2. Days 4 through 6 may be charged to sick leave. Leave exceeding 6 days
will be charged to vacation.
3. Employees have the option to use vacation rather than sick leave for days
4 through 6
11. Administrative Leave
Employees may be ordered not to return to work and placed on administrative
leave with pay when recommended by the Department Director and approved by
the City Manager.
Employee Policies Handbook/Page 27
12. Leave Without Pay
In circumstances not falling within other provisions of these rules, the Department
Director may authorize an employee to take leave without pay under such terms
and conditions as may be mutually agreeable up to a maximum of 2 calendar
weeks. Authorized leave without pay in excess of 2 weeks must be approved by
the City Manager.
13. FMLA Leave
The City offers FMLA leave pursuant to the provisions of the Family and Medical
Leave Act of 1993. Employees with at least 12-months of service, and who have
worked at least 1,250 hours in the last 12-months, may be eligible to take up to
12 weeks of unpaid Family/Medical Leave within any 12-month period and be
restored to the same or an equivalent position upon return from the leave. The
City will calculate the 12-month period by using a "rolling" 12-month period.
Family/Medical Leave is defined as an approved absence available to eligible
employees for up to 12 weeks under particular circumstances. Circumstances
that would constitute Family/Medical Leave are as follows:
1. The birth of a child and in order to care for such a child;
2. The placement of a child with you for adoption or foster care;
3. To care for your spouse, son, daughter, or parent with a serious health
condition; or
4. Because of your own serious health condition which renders you unable to
perform the functions of your position.
FMLA leave because of reasons (1) or (2) must be completed within the 12-
month period beginning on the date of birth or placement. In addition, spouses
employed by the City who request leave because of reason (1) or (2) or to care
for an ill parent may only take a combined total of 12 weeks leave during any 12-
month period.
FMLA leave is generally unpaid. An employee must substitute accrued paid
leave under certain circumstances:
1. If FMLA leave is requested because of a birth, adoption or foster care
placement of a child, or to care for a spouse, child, or parent with a
serious health condition, any accrued paid vacation, first will be
substituted for any unpaid Family/Medical Leave.
2. If FMLA leave is requested because of the employee's own serious health
condition, any accrued paid sick leave will be substituted first and then
accrued paid vacation will be substituted for any unpaid leave time that
does not extend the 12 week leave period.
If FMLA leave is requested because of the employee's own or a covered
relation's serious health condition, the employee and the relevant health care
Employee Policies HandbooklPage 28
provider must supply appropriate medical certification. Medical Certification
Forms may be obtained from the Human Resources Department. When FMLA
leave is requested, the City will notify the employee of the requirement for
medical certification and when it is due (at least 15 days after leave is
requested) .
Failure to provide requested medical certification in a timely manner may result in
denial of leave until it is provided. The City, at its expense, may require an
examination by a second health care provider designated by the City, if it
reasonably doubts the medical certification initially provided. If the second health
care provider's opinion conflicts with the original medical certification, the City, at
its expense, may require a third, mutually agreeable, health care provider to
conduct an examination and provide a final and binding opinion. The City may
require subsequent medical re-certification on a reasonable basis.
If medically necessary for a serious health condition of the employee or his/her
child, or parent, FMLA leave may be taken on an intermittent or reduced leave
schedule. If leave is requested on this basis, the City may require the employee
to transfer temporarily to an alternative position (equivalent in pay and benefits)
that accommodates recurring periods of absence.
No loss of service credit with the City will occur as a result of the FMLA leave, but
no benefit credits will accrue toward vacation or sick leave during unpaid FMLA
leave. However, accruals toward vacation and sick leave may be earned during
paid leave.
The employee's health benefits will continue during the leave, in accordance with
the City of La Porte Medical Plan Document. However, if the employee does not
return to work he/she will be responsible for 100% repayment of premiums paid
by the City, unless the employee cannot return to work because of a serious
health condition or other circumstances beyond his/her control. Employees are
responsible for payment of their dependent coverage premiums and other
authorized payroll deductions while they are on FMLA leave.
If the need for FMLA leave is foreseeable, the employee must give the City 30
days prior written notice. When unforeseen events occur that require FMLA
leave, employees must give notice as soon as practical, ordinarily within 1 or 2
working days. Failure to provide such notice may delay approval of FMLA leave.
The City has Request for Family/Medical Leave forms available from the Human
Resources Department. These forms should be used when requesting leave.
If FMLA leave is taken because of the employee's own serious health condition
or to care for a covered relation, the employee must contact the City on the first
and third Friday of each month regarding the status of the condition and their
intent to return to work.
Employee Policies Handbook/Page 29
Upon completion of FMLA leave because of the employee's own serious health
condition, employees are required to provide medical certification that they are fit
to resume work. Return to Work Medical Certification Forms may be obtained
from the Human Resources Department. Employees failing to provide the
Return to Work Medical Certification Form will not be permitted to resume work
until it is provided.
The following definitions apply for the purposes of the FMLA policy:
SPOUSE - is defined in accordance with State law
PARENT - includes biological parents and individuals who acted as your parents,
but does not include parents-in-law
CHILD - includes biological, adopted, foster children, stepchildren, legal wards,
and other persons for whom you act in the capacity of a parent and who are
under 18-years of age or over 18-years of age but incapable of caring for
themselves
SERIOUS HEALTH CONDITION - means any illness, impairment, or physical or
mental condition that involves: (1) any incapacity or treatment in connection with
inpatient care; (2) an incapacity requiring absence of more than 3 calendar days
and continuing treatment by a health care provider; or (3) continuing treatment by
a health care provider of a chronic or long-term condition that is incurable or will
likely result in incapacity of more than 3 days if not treated
CONTINUING TREATMENT - means (1) two or more treatments by a health
care provider; (2) two or more treatments by a provider of health care services
(e.g. physical therapist) on referral by or under orders of a health care provider;
(3) at least 1 treatment by a health care provider that results in a regimen of
continuing treatment under the supervision of the health care provider (e.g. a
program of medication or therapy); or (4) under the supervision of, although not
actively treated by a health care provider for a serious long-term or chronic
condition or disability that cannot be cured (e.g. Alzheimer's or severe stroke)
HEALTH CARE PROVIDER - includes: licensed MD's and OD's, podiatrists,
dentists, clinical psychologists, optometrists, chiropractors authorized to practice
in the State, nurse practitioners, and nurse midwives authorized under State law,
and Christian Science practitioners
14. Absences in Excess of 120 Calendar Days
After the expiration of 120 calendar days following any continuous absence
due to any reason, employment will be terminated. The employee may elect
to continue his or her health and dental insurance coverage under the provisions
of the Consolidated Omnibus Reconciliation Act of 1985 ("COBRA"). The
Employee Policies Handbook/Page 30
employee will be responsible for the premium and any other related fees for the
coverage.
V. REGULATIONS AND CONDUCT
1. Standards of Job Performance and Conduct
Employees are expected to observe certain standards of job performance and
good conduct. Specific rules included in this policy are intended to provide
employees with notice of what is expected of them, but cannot reasonably
include every type of unacceptable conduct and performance. Conduct and
performance not speCifically prohibited in this policy that adversely affects or is
otherwise detrimental to the interests of the City, other employees, or citizens,
may result in disciplinary action up to and including termination.
2. Work Standards
It shall be the duty of each employee to maintain high standards of cooperation,
efficiency, and economy in their work for the City. Department Directors shall
organize and direct the work of their departments to achieve these objectives.
If the work habits, quality or quantity of work and/or work conduct of any
employee falls below those standards expected by the supervisor, or outlined in
the employee's job description, then the employee shall be counseled regarding
the matters in question. Counseling of the employee in sufficient time for
improvement should ordinarily precede formal disciplinary action but nothing
herein shall prevent immediate formal action, as provided for in the City's
disciplinary policy, whenever required in the best interest of the City.
3. Misconduct
Employees may be disciplined for misconduct including but not limited to:
1. Violation of any City or department rule, regulation, policy, or procedure
2. Insubordination, indifference toward work, neglect of duties, disruptive
behavior, or any conduct that interferes with or prevents effective
performance of the duties of the position, the department, or the City
3. Dishonesty
4. Waste, damage to, theft of, abuse of, or unauthorized use of City property
5. The violation of any federal or state law, rule, regulation, or City ordinance
while on or off duty including a criminal act that may have an adverse
impact upon the City or on the public confidence in the integrity of City
Employee Policies HandbooklPage 31
government, or on the relationship of the employee and other employees,
or acts which reflect poorly upon the City's image
6. Violation of the City's harassment policy
7. Violation of the City's Drug and Alcohol policy
8. Excessive distribution of non-work related literature during working hours
and/or on city property
9. Gambling in any form during working hours and/or on City Property
4. Personal Appearance
All employees, regardless of work location and degree of public contact, shall
dress in a manner consistent with their departmental regulations. Department
Directors may establish uniform and equitable dress standards for the various
divisions within their departments.
5. Employee Financial Obligations
All employees are required to manage their personal financial affairs separately
from their careers with the City. If or when personal financial affairs interfere with
an employee's ability to perform their job duties, disciplinary action may be taken.
6. Operation of City Owned Vehicles and Equipment
All employees who are required to operate City owned vehicles or equipment
shall do so in a safe and prudent manner in compliance with all state, federal,
and local laws. Improper and/or unsafe operation of vehicles or equipment is
justification for disciplinary action.
All employees who have operating vehicles or equipment as a responsibility of
their position classification must have and maintain a proper driver's license and
an acceptable driving record. Improper license or unacceptable driving record, or
un-insurability or exclusion of an employee by the City's insurance carrier, is
justification for transfer, demotion, or termination.
Any employee whose driver's license is suspended for any reason shall notify
his/her supervisor and Human Resources immediately.
7. Outside Employment
Regular full-time employees may have other employment if their supervisor
determines it does not interfere with the performance of the employee's job
Employee Policies HandbooklPage 32
duties, or if it would result in a conflict of interest between the employee's work
for the City and the outside employment.
8. Use of City Property
City facilities, equipment, supplies, and other City resources are made available
to help employees perform their job duties and are not for personal use. The
City, however, recognizes that under certain circumstances the employee's
occasional use of city telephones, computers, facsimile, e-mail, copiers, Internet,
and similar resources for personal use may be necessary or beneficial to the
City. The City may establish separate policies governing the use of specific
equipment. The City will discipline an employee for inappropriate or excessive
use of City equipment for personal use. Any personal use of City property should
meet the following guidelines:
1. It should be infrequent and of short duration (A short telephone
conversation)
2. It should be for a compelling reason and not for mere convenience (A
telephone call to arrange with a spouse to pick-up a child after school)
3. It should not interfere with the employee's performance of job duties (The
use did not prevent the employee from completing the job duties)
4. It should not result in any additional charge to the City (Long distance
telephone charge)
5. It must not be used for personal monetary gain or the employee's personal
business (Selling products over the phone or internet)
9. Smoking
Employees are allowed to smoke only in designated smoking areas that are
recommended by each department and listed in the City's Policies and
Procedures Manual approved by Council and subsequently amended. Smoking
includes:
1. Carrying or holding a lighted pipe, cigar, or cigarette of any kind or any
other lighted smoking equipment or device;
2. Lighting a pipe, cigar, or cigarette of any kind or any other smoking
equipment or device; or
3. Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or
other smoking equipment or device.
10. Drugs and Alcohol
Refer to the City's Drug and Alcohol Abuse Policy approved by Council as
subsequently amended.
Employee Policies Handbook/Page 33
VI. DISCIPLINE, REVIEWS, AND COMPLAINTS
1. Discipline
Basis for Disciplinary Actions
It is the City's policy to correct employee job deficiencies, or violation of City
policies when they occur. Supervisors shall deal directly with employee
performance deficiencies or City policy violations and employees shall be treated
fairly and consistently.
A supervisor should consider such factors as the type and severity of the offense,
the employee's work record, and any mitigating circumstances surrounding the
particular offense when considering disciplinary action.
The City shall consider the following as constituting a basis for disciplinary action
up to and including discharge. This list is not all-inclusive and is not intended to
be limited to the following:
1. Misconduct
2. Illegal, unethical, abusive, or unsafe acts
3. Violation of any portion of the personnel policies
4. Violation of other City department rules and/or regulations
5. Absenteeism and/or repeated tardiness
6. Insubordination
7. Work performance inefficiency
8. Abuse of leaves provided
9. Falsification of official documents or records
10. Being under the influence or use of drugs or alcohol while on duty
11. Unauthorized use of City records, material, or equipment
Types of Disciplinary Actions
Formal disciplinary action taken shall be consistent with the nature of the
deficiency or infraction involved and the work history of the employee. The
recommended steps of progressive discipline are as follows, but should not be
interpreted as a certain chain of events as the City reserves the right to
administer any disciplinary action up to and including discharge, depending on
the nature, scope, and severity of the offense and totality of the circumstances
surrounding such events: oral reprimand, written reprimand, probation,
suspension, demotion, and termination.
The City will attempt to follow progressive steps of disciplinary action whenever
possible to provide reasonable opportunity for performance correction but
ultimately reserves the right to employ any of the aforementioned actions for
particular deficiency or infraction depending upon the exact circumstances of the
Employee Policies Handbook/Page 34
deficiency or infraction. An employee may be formally advised at any time that
he or she may be dismissed or otherwise disciplined for further unsatisfactory
performance and/or conduct.
One or more of the following disciplinary measures may be taken depending on
the particular circumstances surrounding an offense. An employee shall be
provided with a warning with time to improve performance, whenever possible,
prior to suspension or termination. The recommended steps of progressive
discipline are as follows, but should not be interpreted as a certain chain of
events as the City reserves the right to administer any disciplinary action
depending on the nature, scope, and severity of the offense:
1. Oral Reprimand - For the first violation of a particular policy or regulation,
an oral reprimand is given identifying any violation(s) and indicating
needed improvement. There will be written documentation of the oral
reprimand that shall be signed by the employee and the supervisor and
placed in the employee's personnel file.
2. Written Warning - In the interest of a more formal type of disciplinary
action, an employee may receive a written reprimand. This written
reprimand shall describe the deficiency or infraction, cite the violated
policy or regulation, and state the likely consequences of further
unsatisfactory performance or conduct. The written warning shall be
signed by the employee and their supervisor and placed in the employee's
personnel file.
3. Disciplinary Probation - An employee may be placed on disciplinary
probation for a specified period of time, not to exceed 90 days, in order to
allow the employee enough time to show improvement regarding the
problem specified. The written document placing an employee on
disciplinary probation must include identification of the problem area, the
required necessary improvement, the specific length of disciplinary
probation status and the further disciplinary action that could result from
failure to show satisfactory improvement. This document shall be signed
by the employee and the supervisor and placed in the employee's
personnel file.
4. Suspension - A supervisor may, with the Department Directors approval,
suspend an employee without pay for a maximum of 15 calendar days in
one calendar year. The written suspension notice must contain the
reason for the suspension, other examples of policy or regulation
violations, if any, the consequences of a recurrence of the violation of
infraction, the period of suspension, and the review procedure. This
document shall be signed by the employee and the supervisor and placed
in the employee's personnel file.
Employee Policies Handbook/Page 35
When an employee is under investigation for a crime or official
misconduct, or is awaiting a hearing or trial in a criminal matter, the
employee may be suspended without pay for the duration of the
proceedings when such suspension would be in the best interest of the
City. If the investigation or proceedings clear the employee, he/she shall
be reinstated at the same position.
Employees on suspension shall not accrue any sick or vacation leave
during the suspension. If, after the review process, the suspension is
overturned, the employee's sick and vacation leave shall be adjusted
accordingly.
5. Involuntary Demotion - An employee may, with Department Director
approval, be demoted to a position in a lower salary range. Additionally,
the demoted employee's salary at the time of demotion may be reduced
by a factor of 15 percent. Involuntary demotions shall be made in written
form and shall include the reason(s) for the disciplinary action, the likely
consequence of further unsatisfactory performance and/or conduct, and
the review process. This document shall be signed by the employee and
the supervisor and placed in the employee's personnel file. A demoted
employee shall not be disqualified from consideration for later
advancement.
6. Termination - An employee may be terminated from employment with the
City as a final step in the progressive discipline process. Excepting those
types of policy or regulation violations that warrant immediate termination,
this disciplinary step will be employed as a final step that must be
approved by the Department Director, reviewed by the Human Resources
Manager, and approved by the City Manager. A letter of termination shall
be provided to the employee describing the performance deficiency and/or
policy or regulation violations.
Review of Disciplinary Actions
Following normal chain of command reviews, disciplinary actions are subject to
review by the City Manager if the employee so requests in writing within 5
working days following notice of action. This written request must include the
disciplinary action taken, the circumstances surrounding the action, and the
reason(s) the action is invalid. The City Manager shall have the authority to
approve, disapprove, modify, or rescind any disciplinary action taken. The City
Manager shall be final and binding arbiter in these matters.
Employee Policies Handbook/Page 36
2. Employee Complaints
Informal Oral Discussion
The City believes employee concerns are best addressed through informal and
open communication. Therefore, employees are directed to first discuss their
work-related concerns with their immediate supervisor. The supervisor
addressing the employee's complaint will attempt to resolve the complaint or
explain why it cannot be resolved to the employee's satisfaction.
Written Formal Complaints
Following these informal discussions, employees remaining dissatisfied may
submit a written complaint to their immediate supervisor, with a copy to Human
Resources, within 15 working days.
It is the responsibility of the immediate supervisor to study the complaint and
attempt to resolve it within 10 working days. The resolution should be in writing
and a copy given to the complaining employee and Human Resources. If the
complaint cannot be satisfactorily resolved within the 10-day period, or if the
complaining employee does not accept the supervisor's resolution, then the
supervisor shall refer the matter, with comments and/or recommendations to the
next higher level of supervision. The Department Director shall be the last
person in the department to whom an unresolved matter will be taken.
If the work-related complaint remains unresolved, the employee may request it
be forwarded to the City Manager for disposition, and the employee shall be
entitled to a written decision. The City Manager may direct Human Resources to
investigate the complaint and recommend a decision based upon interviews and
supporting written documents. The City Manager shall consider all parties'
positions and make the final decision.
Any intimidation, coercion, or threatened reprisals used to violate the intent of
this complaint procedure by either the employee or any level of supervision shall
constitute a basis for disciplinary action.
3. Texas Whistle Blowers Act
The Texas Whistle Blowers Act provides that the City may not suspend or
terminate the employment of, or otherwise discriminate against, a City employee
who reports a violation of law to an appropriate law enforcement authority, if the
employee report is made in good faith.
Employee Policies Handbook/Page 37
VII. NONDISCIPLlNARY TERMINATIONS
1. Voluntary Termination
Employees voluntarily terminate their employment with the City when they:
1. Resign either verbally or in writing
2. Fail to report to work without notice to the City for 3 consecutive workdays
unless the employee's absence is excused or FMLA protected leave
2. Inability to Perform Job
With the approval of the City Manager, a Department Director may require that a
current employee undergo a medical examination, at the City's expense, to
determine if such employee is able to perform the essential functions of the
employee's current position.
Employees may be separated from City employment because of incapacity for
medical reasons, either physical or mental, when the employee is no longer
capable of performing the essential job functions of the position.
3. Termination Due to Reorganization, or Economics
The City may need to terminate employees due to reorganization, eliminating
jobs, budget constraints, or lack of work. The City will attempt to provide
advance notice of such terminations.
Terminations due to reorganization, eliminating jobs, budget constraints, or lack
of work are not disciplinary terminations and are not subject to procedures
applicable to disciplinary terminations.
Employee Policies Handbook/Page 38
VIII. PERSONNEL RECORDS AND SEARCHES
1. Personnel Files
Human Resources shall maintain the official personnel files for all City
employees. Unless otherwise provided by law, personnel files shall be kept
confidential and may not be used or divulged for purposes unconnected with the
City's personnel management system except with the permission of the
employee involved.
Nothing herein shall prevent the dissemination of impersonal statistical
information. Employees shall have the right of reasonable inspection of their
personnel file under procedures prescribed by Human Resources. Employees
may request and receive a copy of their personnel file or any portion thereof
under procedures prescribed by the Human Resources.
Non-employees who wish to inspect a current or former employee's personnel
file shall either make a formal written request through Human Resources under
the Open Records Act or subpoena the desired records through a court order.
2. Searches
The City may conduct inspections or searches of City property with or without
prior notice. The City may search City property regardless of whether the
property is used exclusively by the employee and locked. Examples of City
property include, but are not limited to City owned:
1. Vehicles
2. Workspaces
3. Desks
4. Lockers
5. Machinery
6. Computers
Employee Policies Handbook/Page 39
EMPLOYEE ACKNOWLEDGMENT
By accepting or continuing employment with the City of La Porte, you
acknowledge that your employment is subject to all policies contained in this
handbook and any other rules and regulations adopted by the City, department,
or division and that you agree to conform to these policies and the rules and
regulations. You also acknowledge that no officer or employee of the City has
the authority to enter into any agreement on an employment policy that is
contrary to the policies contained in this handbook.
PLEASE READ THIS EMPLOYEE HANDBOOK AND FILL OUT
AND RETURN THIS PAGE TO HUMAN RESOURCES
WITHIN 1 WEEK OF RECEIPT
Employee Name:
This acknowledges that I have been given a copy of the City of La Porte
Employee Policies Handbook and have read and understand the contents. I
understand that the City may modify or rescind any policies, benefits, or practices
described in the City of La Porte Employee Policies Handbook at any time
without prior notice to me.
Signed:
Date:
Employee Policies HandbooklPage 40