HomeMy WebLinkAbout2006-01-23 Regular Meeting and Workshop Meeting of La Porte City Council
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MINUTES OF REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
January 23, 2006
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:00 p.m.
Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Mosteit, Louis
Rigby, Barry Beasley, Chuck Engelken and Peter Griffiths.
Members of Council Absent: Mike Clausen and Howard Ebow
Members of City Executive Staff and City Emplovees Present: City Manager Debra Feazelle, Assistant City
Manager John Joerns, Assistant City Attorney John Armstrong, Assistant City Manager Cynthia Alexander,
Public Works Director Steve Gillett, Planning Director Wayne Sabo, Police Rusty Shepherd, Fire Chief Mike
Boaze, EMS Chief Ray Nolen, City Secretary Martha Gillett, Assistant Fire Chief John Dunham, Assistant
Finance Director Michael Dolby and Parks and Recreation Director Stephen Barr, Shannon Green and Assistant
City Secretary Sharon Harris.
Others Present: Don Emfield, Reverend Haggerty, Sue Gail Kooken, Boy Scouts, Colleen Hicks, Carol Christian
with Houston Chronicle and other citizens.
2. Mayor Porter delivered the Invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENTATIONS / PROCLAMATIONS
Mayor Porter presented a proclamation to honor 2005 Hurricane Relief Efforts
Mayor Porter presented the proclamation to Reverend Haggerty of New Jerusalem Church of God in Christ, and
several Sonoco employees.
Mayor Porter presented a proclamation to honor Coach Jeff La Reau and La Porte Bulldogs
5. Consent Agenda
A. Consider approving Minutes of the Regular Meeting, Public Hearing and Workshop Meeting of City
Council held on January 9, 2006.
B. Council to consider awarding a EMS bid for purchase offour (4) 12 LEAD EKG monitor/defibrillators in
the amount of $79,449.22
C. Council to consider approval or other action regarding a resolution declaring the intention to reimburse
certain expenditures with borrowing proceeds for Westside Park Improvements.
D. Council to consider approval or other action regarding an ordinance authorizing the City Manager to
execute an Industrial District Agreement with First Industrial Texas, L.P. and an ordinance authorizing
the City Manager to execute a Water Service Agreement with First Industrial Texas, L.P.
E. Council to consider approval or other action regarding adopting an ordinance amending Fiscal Year 2005-
06 Budget for a transfer of $100,000 from the General Fund to the General CIP Fund.
City Council Regular Meeting and Workshop Meeting - January 23, 2006
Page 2
Motion was made bv Council member Chuck Engelken to approve the consent a?:enda as presented. Second
by Council member Mike Mosteit.
Motion carried.
Ayes: Mosteit, Moser, Beasley, Engelken, Griffiths, Rigby and Mayor Porter.
Nays: None
Abstain: Clausen and Ebow
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING
TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA.
Sue Gail Kooken - 410 S. 151 addressed council with concerns of Local Property taxes. She informed citizens
need to be better educated on what they are paying taxes for. Ms. Kooken was also concerned about high taxes in
La Porte.
7. Council to consider approval or other action regarding a resolution appointing the City Secretary as the Public
Information Officer and delegating training requirements under the Public Information Act.
City Secretary Martha Gillett presented summary and recommendation and answered Council's questions.
Assistant City Attorney John Armstrong read: RESOLUTION 2006-03- A RESOLUTION DESIGNATING
THE CITY SECRETARY OF THE CITY OF LA PORTE AS THE PUBLIC INFORMATION COORDINATOR
AND DELEGATING RESPONSIBILITY FOR PUBLIC INFORMATION TRAINING REQUIREMENTS
UNDER TEXAS LOCAL GOVERNMENT CODE SECTION 552.012; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Peter Griffiths to approve the Resolution 2006-03 as presented by Ms.
Gillett. Second by Council member Tommy Moser. The motion carried
Ayes: Mosteit, Moser, Beasley, Engelken, Griffiths, Rigby and Mayor Porter.
Nays: None
Abstain: Clausen and Ebow
8. Council to consider approval or other action regarding a resolution declaring intention to reimburse certain
expenditures with borrowing proceeds for Sports Complex Joint Venture.
Assistant Finance Director Michael Dolby presented summary and recommendation and answered Council's
questions.
Assistant City Attorney John Armstrong read: RESOLUTION 2006-01 -RESOLUTION DECLARING
INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS.
Motion was made by Council member Barry Beasley to approve the Resolution 2006-01 as presented by Mr.
Dolby. Second by Council member Chuck Engelken. The motion carried
Ayes: Mosteit, Beasley, Engelken, Griffiths, and Mayor Porter.
Nays: Moser and Rigby
Abstain: Clausen & Ebow
9. Council to consider approval or other action regarding an ordinance calling the General and possible Run-Off
elections of the City of La Porte.
City Council Regular Meeting and Workshop Meeting - January 23, 2006
Page 3
City Secretary Martha Gillett and Assistant City Attorney John Armstrong presented summary and
recommendation and answered Council's questions.
Assistant City Attorney John Armstrong read: ORDINANCE 2866 - AN ORDINANCE CALLING THE
REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; CALLING A RUN-OFF ELECTION, IF
NECESSARY, DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE
USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHODS AND
DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING
FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE;
PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREROF.
Motion was made by Council member Griffiths to approve the Ordinance 2866 as presented by Ms. Gillett and
Mr. Armstrong. Second by Council member Moser. The motion carried
Ayes: Mosteit, Moser, Beasley, Engelken, Griffiths, Rigby and Mayor Porter.
Nays:
Abstain: Clausen and Ebow
10. Chairman of Fiscal Affairs Committee Chuck Engelken provided a report to City Council regarding
Comprehensive Annual Financial Report.
11. Chairman of Fiscal Affairs Committee Chuck Engelken provided a report to City Council.
12. Close Regular Meeting and Open Workshop at 6:38 p.m.
A. Planning Director Wayne Sabo provided a report an overview to City Council regarding the Watershed
Improvements (1998 Go Bond Funds) reallocating monies from F216 Project (GEN-849) to the FlOl
Project (GEN-847).
B. Parks & Recreation Director Stephen Barr discussed and reviewed potential Statewide Transportation
Enhancement Program (S.T.E.P) Grant Opportunities. Council directed staff to Focus on Five Points &
Main, Streets & Sidewalks area as a priority and Historical Markers.
C. City Manger Debra Feazelle and Assistant City Manager John Joerns provided a report to City Council
regarding Foreign Trade Zone. Council directed Feazelle to move forward and bring back to a future
meeting.
13. Closed Workshop meeting and reconvened Regular Meeting at 7:16 p.m.
14. Administrative Reports
City Manager Debra Feazelle reminded council of the La Porte Chamber of Commerce Annual Banquet, January
26th at Sylvan Beach Pavilion at 6:00 p.m., City Council Retreat, January 30th at City Hall Council Chambers at
6:00 p.m., Alliance - Tree Planting February 18th from 8-12a.m.at Canada Road, Bay Area Boulevard and
Brookglen Park and the Celebration luncheon from 12 until 2 p.m. Wallisville Road at the Northshore Rotary
Pavilion.
15. Council Comments
Engelken, Mosteit, Rigby, Moser, 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
City Council Regular Meeting and Workshop Meeting - January 23, 2006
Page 4
ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING
PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DE LIBERA TION REGARDING
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER
WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS)
A. 551.071- (PENDING LITIGATION) - DISCUSS CODE ENFORCEMENT ISSUE WITH CITY
ATTORNEY AND CITY MANAGER
B. 551.071 - (LITIGATION) - DISCUSS GARFIELD VS. CITY OF LA PORTE WITH CITY
MANAGER AND CITY ATTORNEY
C. 551.071 - (SALE OR EXCHANGE OF PROPERTY) - DISCUSS SALE OF EXCHANGE OF
PROPERTY REGARDING DRAINAGE
Council retired to Executive Session at 7:26 p.m.
17. There was no action taken during Executive Session
Council returned to the table at 8: 11 p.m.
18. There being no further business to come before Council, the Regular Meeting was duly adjourned at 8: 12 p.m.
Respectfully SUb~itt d,
'-4VJ~ I
_ J'.{l . ~
Martha llett, TRMC, CMC
City Secretary
Passed and appr~n this 1.. 3th day of February 2006
~~.~J~
Mayor Alton E.Porter
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Department: Public Works
Source of Funds: Utility CIP Fund
003-9890-916-1100
Account Number: 003-9890-917-1100
Requested By: S. Gillett
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: $R7,OOO
Exhibits:
Ordinance
Amount Requested: $64,785
Exhibits:
En2ineer's Recommendation
Budgeted Item: YES
Exhibits:
SUMMARY & RECOMMENDATION
Tank inspections performed by Dunham Engineering recommended recoating of the elevated
water storage tank on South 4th Street. This tank was painted inside and out in 1996. The paint
system has performed well, and the Engineer recommends recoating the exterior before the paint
system begins to fail. Additionally, the Engineer recommends touchup of the interior coating
(Additive 1) and the dry riser (Additive 2). A total of $55,000 was budgeted for the Project.
Engineering fees are $8,000 for design and inspection, leaving a total of $47,000 available.
Sealed bids were received on January 5, 2006 from five (5) contractors. Low bid was submitted
by Utility Services Houston, Inc. in the amount of$61,375 (including Additive 1 and 2). Second
low bid was submitted by Gulf States Protective Coatings for a total bid of $61 ,600, a difference
of$225. The Engineer recommends awarding the bid to the second low bidder, Gulf States
Protective Coatings, and cites his concerns with the apparent low bidder. Gulf States was
checked by the Engineer for past work experience, safety experience and references. Gulf States
Protective Coatings has successfully completed projects for the Engineer, and is recommended
by the Engineer for bid award.
The budget amount available is insufficient for the Project. With A 5% contingency of $3,080,
an additional $17,680 is needed. Funds are available in the North 23rd Street Water Line Project
(UTL 917) for the shortfall. It is recommended that the contract be awarded to Gulf States
Protective Coatings in the amount of$61,600. A contingency of$3,080 is also recommended.
Action Required by Council: Approve an ordinance authorizing the City Manager to execute a
contract with Gulf States Protective Coatings in the amount of $61 ,600, with a contingency of
$3,080.
Approved for City Council Al?;enda
19t~
te (
ORDINANCE NO. 2006 - ~'b(p 7
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND GULF STATES PROTECTIVE COATINGS, FOR THE 4TH STREET
ELEVATED WATER TANK REPAINTING PROJECT, APPROPRIATING $61,600.00
PLUS A CONTINGENCY OF $3,080.00, TO FUND SAID CONTRACT, MAICING
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
$61,600.00 plus a contingency of $3,080.00, in the following
manner, to-wit: $47,000.00 is appropriated from Utility CIP Fund,
Project Number UTL 916, and an additional amount of $17,680.00 is
appropriated from Utility CIP Fund, Project Number UTL 917, 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 13th day of February, 2006.
By:
CITY OF LA PORTE
~C\?~
Alton E. Porter
Mayor
ATTEST:
I
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Martha A. Gillett
City Secretary
AP~tJ~
Knox W. Askins
City Attorney
2
2-01-2006 12:16PM
FROM JIMMY D DUNHAM. P.E. 9796907034
P.2
DUNHAM ENGINEERING
I
t
,.
Watt Tank Consultants
13141 Hill Rd. · College Station, TX 77845 · (979) 690.6555 · Mobile (979) 820-1641- FAX (979) 690-7034
www.DunhamEngineering.com
I
I
January 31, 2006
City of La Porte
2963 N. 23rd St.
La Porte, Texas 77571
Attn: Steve Gillett, DPW
Ref.: 4th St. Elevated Water Tank Repainting Proje
The purpose of this letter is to recommend award of the ref contract to If
States Protective Coatings of La Porte, Texas. Gulf States Protective Coatings to. al bid
including additive bid items was $225 higher than the low bidder, Utility Servictls
Houston. See Bid Tabulation Sheet attached. The following reasons are provide~ to
support this recommendation: . r
· Gulf States Protective Coatings is located in. La Porte, Texas and the can start
the work as soon as authorized to do so.
· Utility SelVices is located in Georgia with a regional office in Houst . , Texas.
According to their regional director, they can start the work within 3 days as
required by the contract but will probably have to use an out-of-state few or
sub-contractor in order to do so. f
· The work required on the 4th St. water tower includes painting the ex rior
which lends itself to over-painting the surrounding property includin cars
when winds are high. This work can only be done when winds are fa orable;
therefore, several days may be lost to weather. An out-of-state crew . om
Utility Services will be more likely to push the weather decision as t when to
paint and allow their company's insurance company to worry about er-
painted cars, Their focus will naturally be on completing the project s tast as
possible and leaving La Porte for another project.
· The local contractor, Gulf States 'Protective Coatings, can more easil
around bad weather days by providing work for their local crew else
While their focus will also naturally be on completing the project as
possible. they must keep in mind the fact that they Jive and work in Porte
so it will be in their best interest not to alienate local citizens by over painting
their cars.
While either company can properly perform the work required, it seems gical
that the lo~al contractor, Gulf States Protective Coatings, will have more investe in the
project's success than an out-of state contractor. We recommend Gulf States Pr . ective
Coatings be awarded the contract.
Sincerely.
\:.
---
\ ~ v/\~
)JimmYD. Dunham, P.E.
2-01-2006 12:17PM
FROM JIMMY D DUNHAM, P.E. 9796907034
P.3
DUNHAM ENGINEERING
I
~
WatEtr Tank Consultants
13141 Hill Rd. . College Station, TX 77845 . (979) 690-6555 · Mobile (979) 820-164 · FAX (979) 690-7034
www.Dunh.amEngineering.<:om
Bid Tabulation Sheet
City of La Porte, Texas
4th St. Elevated Water Tank Repainting Project I
Bids opened January S, 2006 @ 2:30 p.m. @City office.
Contractor Base Bid Amount Additive Bid Items ~ow
#1 #2 I;
N. G. Painting $65,000 $5,000 $2,000 fn,ooo
(
Gulf States Protective Coatings $57,500 $2,100 $2,000 $61,600
I '
Blasteo $64,697 $7,562 $3,250 ~75,509
k
DMS Painting l
$92,000 $3,800 $3,200 ~99.000
~
Utility Services Houston $56,375 $2,500 $2,500 161,375
i-' 0J'~-
Jimmy D. Dunham, P..E.
~
F
..
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Februarv 13. 2006
Appropriation
Requested By: Michael Dolbv.CPA Asst Finance Director
Source of Funds: N/ A
Department: FINANCE
Account Number: N/A
Report:
Resolution: XX Ordinance:
Amount Budgeted:
Exhibits:
Resolution 2006-
Amount Requested:
N/A
Exhibits:
Budgeted Item:
Exhibits:
SUMMARY & RECOMMENDATION
Harris County will be widening Sens Road in the near future and the City is anticipating
extending the Bay Area Blvd trunk sewer and installing, upgrading and relocating the utility
systems for Sens Road.
While preliminary work has begun on these projects, it is not desirable for us to issue debt at this
time. However, because we are moving forward with the engineering phase, we recommend the
City Council approve a resolution that allows the City to reimburse itself from future bond
proceeds for expenditures that are made prior to the issuance of the debt. This is a position that
we have taken on several other projects in the past as recommended by bond counsel and
required by federal law .
The attached resolutions give us the option to reimburse ourselves from future bond proceeds for
certain costs associated with the above-mentioned projects.
Action ReQuired bv Council: Approve resolutions declaring intention to reimburse certain
expenditures with borrowing proceeds.
Approved for City Council Aeenda
RESOLUTION NO. 2006- Dlf
RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING
PROCEEDS
WHEREAS, the City of La Porte, Texas (the "Issuer") desires to pay expenditures in connection with the preliminary
engineering report, design, planning, acquisition, construction, equipping, and/or renovating the project or facilities
described as the Sens Road Utility System project (the "Project").
WHEREAS, Article 717k-6, Vernon's Texas Civil Statutes, as amended ("Article 717k-6"), permits the Issuer to use the
proceeds of obligations to reimburse the Issuer for costs attributable to the Project paid or incurred before the date of
issuance of such obligations; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such
expenditures will be appropriate and consistent with the objectives of the Issuer's programs and, as such, chooses to
declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself
for such payments at such time as it issues obligations to finance the Project.
NOW, TIlERFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS TIlA T:
Section 1. This Resolution declares the intent of the Issuer to reimburse the expenditures for the Project with the
proceed of obligations. The Issuer presently intends to reimburse the expenditure by incurring obligations issued under
Texas law, the interest on which is excludable from gross income under Section 103 of the Internal Revenue Code of
1986, as amended.
Section 2. The Issuer reasonably expects to incur debt, in one or more series of obligations, in an aggregate
maximum principal amount now expected to be equal to $2,000,000 for the purpose of paying the costs of the Project.
Section 3. The Issuer intends to reimburse the expenditures hereunder not later than 18 months after the date of the
original expenditure is paid or the date the Project is placed in service or abandoned, but in no event more than three years
after the original expenditure is paid unless the Project is a construction project for which the Issuer and a licensed
architect or engineer have certified that at least five years are necessary to complete the Project in which event the
maximum reimbursement period is five years after the date of the original expenditure.
Section 4. The Issuer intends that this Resolution satisfy the official intent requirement set forth in Section 1.150-2
of the Treasury Regulations and evidences its intentions under Article 717k-6.
Section 5. This resolution shall be liberally construed to evidence the intent of the Issuer to comply with state law
and federal income tax law in the issuance of tax-exempt obligations for the Project.
PASSED AND APPROVED this the 13th day of February 2006.
~~~
Alton Porter, Mayor
ATTEST
APPROVED:
/ /
//..tM '7~' ./~
d;;y Attorney
lfr7tU1A~ ~4lt;
City Secretary
~.-
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,.__.~---,,--~_._'-~.--~_..
REQUEST FOR CITY COUNCIL AGENDA ITEM
13 2006
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: N/A
Department: Planninl!
Report:
Resolution:
Ordinance: X
Exhibits:
Ordinance
Aerial Map
Zoning Map
Staff Report
Public Notice Response
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their January 19, 2006 meeting, held a public hearing to receive citizen
comments regarding Rezone Request #R05-009. This request involves 2.2268 acres ofland located in the 1300 Block of
South Broadway, further described as the East 115' of Lots 1-16 and Lots 17-32, Block 1159, Town of La Porte, Johnson
Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The applicant seeks a zone change from General
Commercial (GC) to High Density Residential (R-3) for a proposed townhouse development adjacent to the Churchill
Place Apartments.
During a review of the Zoning Map, staff found the property on adjacent Blocks 1121 and 1122 is zoned General
Commercial (GC). The present facility on these blocks, Churchill Place Apartments, was built in 2001. The new multi-
family regulations were approved in 2003. The existing facility is deemed pre-existing and non-conforming. City staff is
using this opportunity to extend the R-3 zone to include Blocks 1121 and 1122 to eliminate the nonconformity.
The La Porte Comprehensive Plan and Land Use Map show this area developing as Mid to High Density Residential. The
subject site is within close proximity to mixed use developments, i.e. townhouses, apartments, commercial, and
recreational activities. The subject property may no longer be utilized for multi-family development due to the nearby
apartment complex (Churchill Place Apartments). Current ordinance requirements do not allow a multi-family
development with 50 or more units to be located within 1,000 ft. of another multi-family development of 20 or more units.
The proposed townhouse development is designed on single lot configuration with property lines separating each unit. It
is not considered a multi-family development, which consists of four or more dwelling units on a lot.
As required by ordinance, notices of public hearing were mailed to 4Tproperty owners within 200' of the subject site. The
City received one response favoring the rezone. By unanimous vote, the Planning and Zoning Commission recommends
Council approval of Rezone Request #R05-009.
Action Required bv Council:
1. Conduct public hearing.
2. Consider taking action on a recommendation by the Planning and Zoning Commission to approve #Rezone Request
#R05-009 rezoning the referenced property from General Commercial(GC) to High Density Residential (R-3).
Approved for City Council Ae:enda
rr6
Date
ORDINANCE NO. 1501-#
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 CHANGING THE ZONING
CLASSIFICATION FROM GENERAL COMMERCIAL TO HIGH DENSITY
RESIDENTIAL AS REQUESTED FOR THE PROPERTY LOCATED ALONG SOUTH
BROADWAY HEREIN DESCRIBED; 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 19th day of January 2006, 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 "8", incorporated by reference herein and made a part hereof
for all purposes.
"Section 3.
Immediately following such public hearing on January 19, 2006,
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 January 20, 2006, a
ORDINANCE NO. 1501-~
Page 2
true copy of 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 13th day of February, 2006, 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 City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the
zoning classification of the hereinafter described parcels of land, situated within the
corporate limits of the City of La Porte, is hereby changed from General Commercial
(GC) to High Density Residential (R-3)." The description of said parcels of land rezoned
to High Density Residential (R-3) is as follows, to-wit.
"East 115' of Lots 1-16 and Lots 17-32, Block 1159, Blocks 1121 and 1122, Town of La
Porte, Johnson Hunter Survey, Abstract 35, 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
ORDINANCE NO. 1501-rl
Page 3
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 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 f..eb. , 2006.
:~TY=LY~
ALTON PORTER, Mayor
ATTEST:
BY~g, ~
MARTHA GILLE ,City Secretary
City of La Porte
Established 1892
Honorable Mayor Alton Porter and City Council
City of La Porte
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January 20,2006
Re: Rezone Request #R05-009
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during its January 19, 2006, meeting,
held a public hearing to consider Rezone Request #R05-009. The Covenant
Neighborhoods, Inc., is seeking this rezone request from General Commercial (GC) to High
Density Residential (R-3) for proposed townhouse development to be located along South
Broadway across from the City of La Porte's Recreation and Fitness Center. The property is
further described as East 115' of lots 1-16 and lots 17-32, Block 1159, Town of La Porte,
Johnson Hunter Survey, A-35, La Porte, Harris County, Texas. In addition, the City of La
Porte is seeking a zone change from General Commercial to High Density Residential for
the property on Blocks 1121 & 1122 to conform to the current uses represented by the
Churchill Place Apartments.
The Planning and Zoning Commission, by unanimous vote (8-0), has recommended
approval of Rezone Request #R05-009.
Respectfully submitted,
i~s on
Chairperson, Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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Porte, Texas 77571
281-471-1234
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Harris County, Texas
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City of La Porte
Established 1892
January 20, 2006
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Rezone Request #R05-009
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during its January 19, 2006, meeting,
held a public hearing to consider Rezone Request #R05-009. The Covenant
Neighborhoods, Inc., is seeking this rezone request from General Commercial (GC) to High
Density Residential (R-3) for proposed townhouse development to be located along South
Broadway across from the City of La Porte's Recreation and Fitness Center. The property is
further described as East 115' oflots 1-16 and lots 17-32, Block 1159, Town of La Porte,
Johnson Hunter Survey, A-35, La Porte, Harris County, Texas. In addition, the City of La
Porte is seeking a zone change from General Commercial to High Density Residential for
the property on Blocks 1121 & 1122 to conform to the current uses represented by the
Churchill Place Apartments.
The Planning and Zoning Commission, by unanimous vote (8-0), has recommended
approval of Rezone Request #R05-009.
Respectfully submitted,
l~s on
Chairperson, Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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 13th day of February,
2006, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider rezone request #R05-009, for 2.2268 acres ofland described
as East 115' oflots 1-16 and lots 17-32, Block 1159, Town of La Porte, Johnson Hunter Survey, A-
35, La Porte, Harris County, Texas. The Covenant Neighborhoods, Inc., on behalf of Jack McCoy,
the property owner, is seeking this rezone request from General Commercial (GC) to High Density
Residential (R-3) for proposed townhouse development to be located along South Broadway across
from the City of La Porte's Recreation and Fitness Center. In addition, the City of La Porte is
seeking a zone change from General Commercial to High Density Residential for the property on
Blocks 1121 & 1122 to conform to the current uses represented by the Churchill Place Apartments.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items 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 the City Secretary's office at (281) 471-5020
or TDD Line (281) 471-5030for further information.
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fore me, the undersigned authority, on this date came and
eared Karolyn Kellogg, a duly authorized representative of The
yshore Sun, a semi-weekly newspaper published and generally
tributed in the City of La Porte, Harris County, Texas and who
r being duly sworn, swears the attached notice was published in
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Staff Report
January 19, 2006
Zone Change Request #R05-009
Requested by: David Kim, Project Manager, Covenant Neighborhoods, Inc.
on behalf of Mr. Jack McCoy, the property owner
Requested for: East 115' of Lots 1-16 & lots 17-32, Block 1159, Town of La Porte, Johnson
Hunter Survey, Abstract 35, La Porte, Harris County, Texas.
Location: 1300 Block of South Broadway
Present Zonin!!: General Commercial (GC)
Requested Zonm!!: High Density Residential (R-3)
Back2round: The property in question is a 2.2268-acre tract of undeveloped land, being
east 115 ft. oflots 1-16 and 17-32 of block 1159 located across from the City
of La Porte's recreation and fitness center at 1302 South Broadway. The
subject tract is just south of the senior citizen's residence known as
"Churchill Place Apartments" located at 1201 South Broadway. The
property is strategically located in the near vicinity of mixed-use
developments, i.e. single-family residential, townhouse/apartment complex,
and commercial establishments.
The subject property on block 1159 is currently zoned General Commercial.
The property represented by the Churchill Place Apartments, Inc. splits into
two zoning classifications; General Commercial and High Density
Residential. A significant portion of the complex is on the property zoned
General Commercial. Currently, the present facility on blocks 1121 and 1122
is determined to be pre-existing and non-conforming, based on the new
multi-family regulations approved after its construction. Staff is using this
opportunity to remove some degree of non-conformity by seeking to rezone
blocks 1121 and 1122 from General Commercial to High Density
Residential to bring the entire property in compliance with the current
ordinances.
The applicant is seeking this rezoning to construct a townhouse development
(single lot configuration). A similar townhouse development east of
Churchill Place Apartments is located on block 1120, between Oregon and
Montana Streets and is zoned High Density Residential. The applicant is also
seeking 16' alley in block 1159 and portions of East "L" Street and Texas
Avenue, closed by the City to create one unified lot for this proposed
development. Once the developer purchases the street/alley portion and
adjoining property, the total acreage of the tract to be developed will equal
5.5 acres.
#R 05-009
P&Z 1/19/06
Page 2 of 4
Analvsis:
The commercial classification is intended to provide for the establishment of
business, retail, or service outlets which deal directly with the customer for
whom the goods or services are furnished. These commercial establishments
are to provide services and goods for the surrounding neighborhoods, area
residents/visitors and are intended to draw customers from the other
geographic area as well.
In considering this request, Staff has reviewed the Development Ordinance
as well as elements of the Comprehensive Plan, including: Land Use,
Transportation, Utilities, and Development Strategy.
Land Use - The Land Use Plan indicates this area is envisioned as
developing as commercial and mid to high density residential with frontage
along Fairmont Parkway as commercial uses. The tract in question is within
the vicinity of residential/commercial establishments along the major
thoroughfare.
Conformance of a zoning request with the Land Use plan is one among
several criteria to be considered in approval or denial of an application.
Other criteria may include:
. Character of the surrounding and adjacent areas;
. Existing use of nearby properties, and extent to which a land use
classification would be in harmony with such existing uses or the
anticipated use of the properties;
. Suitability of the property for the uses to which would be permissible,
considering density, access and circulation, adequacy of public facilities
and services, and other considerations;
. Extent to which the designated use of the property would harm the value
of adjacent land use classifications;
. Extent to which the proposed use designation would adversely affect the
capacity or safety of that portion of the road network influenced by the
use;
. Extent to which the proposed use designation would permit excessive air
pollution, water pollution, noise pollution, or other environmental harm
on adjacent land use designations; and,
. The gain, if any, to the public health, safety, and welfare due to the
existence of the land use designation.
Transportation - The property is located approximately 850' south of
Fairmont Parkway along South Broadway (Old Highway 146). South
Broadway with 100'ROW, provides more than adequate accessibility for
circulation of traffic and should accommodate the traffic generated by this
#R 05-009
P&Z 1/19/06
Page 3 of4
proposed development. There should be minimal impact on traffic flow to
and from the abutting residential neighborhoods.
Internal roadways shall be designed and constructed in conformance with the
City Standards. Since traffic movement is the primary function of this
roadway, access management for this development would be essential.
Driveways connecting directly onto this roadway should be minimized to
avoid traffic congestion and other delays caused by north and south bound
traffic along South Broadway near intersection with Fairmont Parkway.
Utilities - Public facilities and services are sufficient to handle the supply of
potable water and fire protection in the area. Provisions will have to be made
to ensure that all on-site infrastructure or improvements can accommodate
the water and sanitary sewer needs of this development. The storm water
drainage issue will be reviewed with the site development plans.
Development Strategy - One of the tenets of the Comprehensive Plan is to
encourage new construction of vacant properties. It is also important that the
City consider action to attract the types of new developments using an
effective development process. One way this may be achieved is by
encouraging in-fill development within existing infrastructure service areas.
Here, it is noted that the property is no longer able to be used as an apartment
complex due to nearby Churchill Place Apartments and 1,000 ft rule, which
states that no multi-family development with 50 or more units shall be
located within 1,000 ft. of another multi-family development of 20 or more
units.
Buxton Study - Currently, an economic development study on the La Porte
area is underway. The intent is to encourage new sustained investment and
attract commercial/retail developments in the area. Geographically,
commercial, retail, and service activities could be clustered throughout the
City and convenient to residential area. But, commercial developments
would preferably be concentrated in nodes along major thoroughfares and
intersections. Projection of future growth and tax components may also be
considered in this regard.
The highest use review report submitted by the applicant reveals that the
subject site would be better served by the proposed use, which would blend
into an existing use of property to the north and east of this tract. In addition,
Ad Valorem tax revenue would be much higher and stable for residential
use, rather than commercial use. The addition of 70 homeowners would
increase sales tax receipts from existing businesses. The report also
compares the potential annual tax revenue from the community versus a
likely alternative development.
#R 05-009
P&Z 1/19/06
Page 4 of 4
Conclusion!
Recommendations:
Based on the above analysis, staff finds the requested change conforms to
the present zoning and uses of nearby properties. The tract in question is
suitable for the requested change to R-3, creating an adjoining residential
use. Development within the subject tract should not negatively impact the
surrounding properties and should not harm the value of nearby properties. It
should not have a significant impact on traffic conditions in the area and
utilities should not be affected.
The applicant has demonstrated that the requested zoning would represent
the highest and best use of the property. Granting the requested change
would not be contrary to the goals and objectives of the Comprehensive
Plan. Based on the above analysis, staff finds the requested change is
compatible with the zoning and uses of nearby properties and recommends
changing the zoning designation of this tract from GC to R-3. In addition,
City staff is using this opportunity to extend R-3 zoning to existing facility
on adjoining property as blocks 1121 and 1122 to bring it in conformance
with the current ordinance.
Actions available to the Commission are listed below:
. Recommend to Council approval of this rezoning request from GC to
R-3.
. Recommend to Council denial of this rezoning request from GC to
R-3.
. Table this item for further consideration by the Commission.
A Meeting of the La Porte
RECEIVED
Planni~ & Zonin~ Commission
(fype of Meeting)
JAN 1 8 2006
PLANNING DEPl
Scheduled for
January 19, 2006
(Date of Meeting)
to Consider
Rezone Request #R05-009
(fype of Request)
I have received notice of the above referenced public hearing. ~
~:;, AV~ting t1m 'eque<' fm the following =on" V
lam OPPOSED to granting this request for the following reasons:
:rfJG (f:::. C M ~ <: a':f
Name (please print)
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Jack C. McCoy
1515 RechNay Lane
Hou&on, Te~ 77062
City, State, Zip
f y:h; b',1 A
LaPorte Square Townhomes
A proposed development of Covenant Neighborhoods
Design and land planning by lnsite Architecture
Quality Homes for a Stable Community
· Approximately 56 town and patio homes in a
family-friendly park setting at 1301 South
Broadway.
· Extensive landscaping with attractive masonry
exteriors, oak cabinets, Energy Star appliances
and quality trim.
· Estimated pricing from $105,000 - $135,000.
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Homes as Best Site Use
· Site has not attracted an office or retail user due
to its location and traffic count.
- Retailers are following residential development and
moving to sites west of Highway 146.
- Numerous retail vacancies and vacant tracts remain
on higher traffic streets such as Fairmont.
- Only new retail development near the site is Dollar
General, which feeds off Walgreens traffic.
- South Broadway serves as a collector rather than a
thoroughfare.
Homes Yield Higher Revenue
· 30 townhomes or 30,000 square feet of retail space would fit on 2.35
acres on Block 1159.
· 30 townhomes appraised at an average of $112,000 minus a 20010
homestead exemption would yield ~2,695,000 in taxable value.
· The 32,000 square foot retail center at 909 S. Broadway on 2.32
acres with a superior location is appraised by HeAD at ,$525,000,
less than 200/0 of the value of the R!QPosed 30 town homes on
Block 1159.
· Tax revenue from townhomes will be more stable than a commercial
development whose stability depends on traffic counts and other
uncontrollable factors.
-
Homes are the Compatible Use
· The Project will blend with the Churchill Place senior
community and neighboring townhomes and increase
the quality and quantity of new homes in LaPorte.
· Families will benefit from and support the recreation
center on South Broadway.
· 56 families will support local businesses and contribute
socially to the city.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Aoorooriation
Agenda Date Reqnested: February 13. 2006
Source of Funds: N/A
Requested By: Wayne J. Sabo
Account Number: N/A
Department: Plannine
Amount Budgeted: N/A
Report: _Resolution: _Ordinance:-X-
Amount Requested: N/A
Exhibits:
A. Ordinance for Industrial District Agreement
B. Industrial District Agreement
C. Ord. for Water & Sewer Service Agreements
D. Water Service Agreement
E. Sanitary Sewer Service Agreement
F. Area Map
Budgeted Item: _YES ...A.-NO
SUMMARY & RECOMMENDATION
BNIP New Decade Venture, LTD. located within the Bayport North Industrial Park has recently approached
the City for water and sanitary sewer seNice to seNe the their site.
Council has approved a policy to provide utility seNices to companies located outside city limits and within
the City's industrial districts. These companies are required to maintain a current Industrial District
Agreement with the City.
BNIP New Decade Venture, LTD. desires to pursue water and sanitary sewer seNice under the terms of the
policy. Based on the company's stated demand for domestic and industrial process uses, the average daily
demand for water is 22,850 gallons per day (1250 gpd for domestic + 21600 gpd for industrial processes).
This demand includes utilization of water for the building's fire sprinkler system and landscape irrigation.
The applicant will pay one and one-half (1-%) times the City's current utility rate. BNIP New Decade
Venture, LTD. is subjedto an administrative fee in the amount of $5,000 for each agreement. Payment has
subsequently been received in the amount of $10,000.
The term ofthe Water SeNice Agreement and Sanitary Sewer SeNice Agreement expires on December 31,
2007, plus any renewals and extensions thereof. However, the agreements shall automatically expire at
such time as there is no effective Industrial District Agreement between the parties or if the city exercises
the right oftermination.
Staff reoommends approval of the Industrial District Agreement, Water SeNice Agreement and Sanitary
Sewer SeNice Agreement as submitted herein.
Action Reauired by Council:
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 SeNice Agreement and Sanitary Sewer SeNice
Agreement with BNIP New Decade Venture, LTD.
t;~~
Dat (
ORDINANCE NO. 2000-IDA-77
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH BNIP NEW DECADE, LTD. (CUSTOM
CATALYTIC SOLUTIONS, INC., LESSEE), FOR THE TERM COMMENCING JANUARY
1, 2006, 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. BNIP NEW DECADE, LTD. (CUSTOM CATALYTIC SOLUTIONS,
INC., LESSEE), has executed an industrial district agreement with
the City of La Porte, for the term commencing January I, 2006, 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 13th day of February, 2006.
By:
ATTEST:
tJIl~() #4
M rt a A. Gille t
City Secretary
CITY OF LA PORTE
~[y~
Alton E. Porter
2
NO. 2000-IDA-77 ~
~
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and BNIP NEW DECADE VENTURE,
LTD., a Texas limited partnership, (CUSTOM CATALYTIC SOLUTIONS,
INC., a Texas business corporation, Lessee) hereinafter called
"COMPANY" ,
WIT N E SSE T H:
WHEREAS, it is the established policy of the city Council of
the city of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the city Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
I.
city covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or jUdicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the II in lieu II paYments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for "in lieu" paYment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
2
Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections I, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property") i
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to city an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year") .
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
3
each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of city and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
4
in accordance with the applicable provisions of the Texas
Property Tax Code.
with the sum of I, 2 and 3 reduced by the amount of city's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of city not to
annex property of Company within the District shall terminate. In
that event, city shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January I, 1994, or
any new legislation is thereafter enacted by the Legislature of the
state of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January I, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between city and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by city or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
5
foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make paYment to City of any additional paYment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
paYments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" paYments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to city by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
n in lieu" paYment and total paYment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
6
expert oplnlon, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
city shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If city enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
7
F.~b. 7. 2006 9:22AM
City of La Porte
No. 0545 P. 9
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2006.
OWNBR (LBSSOR):
SNIP NEW DECADE VENTURE, LTD.
a Texas Limited Partnership
Company
By: Donald E. Dennis, Jr. , Inc.
a Texas corporation,
its GUa~t r
By:
Donald E. Denn1s, Jr. , resident
ADDRESS: 3721 Briarpark Drive
Suite 155
Houston, TX 77042
By:
(LBSSBB).
CUSTOM CATALYTIC SOLUTIONS, INC.
c~any // Q J!! : I!
(~/v !luJ(k>~T
Carole D. R1ekert
President &: CEO
ADDRESS: P.O. Box 591418
Houston, TX 77259
ATTEST:
~a14~ ~ aJ
City Secre a~
By:
cw;: ~ .
.. ~,~
Alton E. Porter
Mayor
8
AP~W.~
Knox W. Askins
city Attorney
city of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
By:
~J:~~s~~~;IL
City Manager
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
9
EXHIBIT "A"
PROPERlY
METES & BOUNDS DESCRIPTION
10.0000 ACRES BEING OUT OF
RESlRICTED RESERVE "c'
BAYPORT NORTH INDUSTRIAL PARK
HARRIS COUNTY, TEXAS
All that certain 10.0000 acres of land being out of Restricted Reserve "C", Bayport North V
Industrial Park according to the plat thereof:filed at Film Code No. 437010, Harris County Map
Records, also being out of that certain called 110.5334 acre tract of land described in a deed
dated 11-08-1999 from Don L. Tuflli, Trustee to Bayport North Industrial Park, L.P. :filed for
record in the Official Public Records of Real Property of Harris County, Texas, at Clerk's File
No. U-074535, Film Code No. 529-10-2591 and that certain called 45.59 acre tract of land
described in a deed dated 11-08-1999 from Don L. Tuflli, Trustee to Bayport North Industrial
Park, L.P. filed for record in the Official Public Records of Real Property of Harris County,
Texas, at Clerk's File No. U~074536, Film Code No. 529-10-2596 being more particularly
described by metes and bounds as follows: .
CO:M:MENCING at a found 5/8" iron rod with cap located in the north right-of-way line of New
Decade Drive (60' wide) at its intersection with the east end of a 20' cut back line for the east
right-of-way line of New West Drive (60' wide); Thence N 87026' 41" E - 508.89', with the
said north right-of-way line of New Decade Drive to a found 5/8" iron rod with cap for corner
marking the POINT OF BEGINNlNG of the herein described tract;
THENCE N 01 ~ 56' 01" W - 635.98', with the east line of a certain called 6.9179 acre tract of
land described in a deed dated 03-22-2002 from Bayport North Industrial Park, L.P. to GSL
Investment, Inc. filed. for record in the Official Public Records of Real Property of Harris
County, Texas, at Clerk's File No. V-720330, Fihn Code No. 550-78-1730 to a found 5/8" iron
rod for corner;
THENCE N 880 03' 59" E - 688.98', with the south line of a certain called 10.0000 acre tract of
land described in a deed dated 01-27-2000 from Bayport North Industrial Park, L.P. to Terranova
Forest Products filed for record in the Official Public Records of Real Property of Harris County,
Texas, at Clerk's File No. U-208180, Film Code No. 530-49-3800 to a found 5/8" iron rod with
cap for corner;
TIIENCE SOlo 56' 01" E - 628.50' to a found 5/8" iron rod with cap for corner;
TIffiNCE S 870 26' 41" W - 689.02', with the aforementioned north right-of-way line of New
Decade Drive to the POINT OF BEGINNING and containing 10.0000 acres (435,600 square
feet) ofland, more or less.
1 039-40\Special Warranty Dee(U 031 OS.doc
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nEXHIBIT en
Page 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adj acent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or State Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
nEXHIBIT en
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from said strip of land onto state Highway
225 or state Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the city's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subj ect to the rules and regulations of
Harris County and provisions of the city's Code of Ordinances,
whichever is more restrictive.
4 . Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
--
ORDINANCE NO. 2006- ~O~r
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT
BETWEEN THE CITY OF LA PORTE AND BNIP NEW DECADE VENTURE, LTD.;
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 contract,
agreement,
or other undertaking
described in the title of this ordinance, in substantially the
form as shown in the document which is attached hereto and
incorporated herein by the reference. The City Secretary is
hereby authorized to attest to all such signatures and to affix
the seal of the City to all such documents. The City Manager is
hereby authorized to execute said contact, agreement, or other
.",-
undertaking described in the title of this ordinance.
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.
ORD I NANCE NO. 2006 - :;,riI ~
PAGE 2
Section 3.
This ordinance shall be effective from and
after its passage and approval, and it is so ordered.
PASSED AND APPROVED, this ~
day of Feb.
, 2006.
By:
CITY OF LA PORTE
~~V~
Alton E. Porter
Mayor
ATTEST:
.-
LjJJf1tfk o. Id AJjj
Martha A. Gillett
City Secretary
APPROV~ :
2Z4~
Knox W. Askins
city Attorney
I
STATE OF TEXAS 9
COUNTY OF HARRIS 9
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and BNIP New Decade
Venture. L TD hereinafter called "CaMP ANY".
1.
COMPANY is the owner of certain real property, which is situated in CITY'S Bayport
Industrial District and not within the corporate limits of the CITY. CITY and CaMP ANY are
parties to a current Industrial District Agreement.
II.
CaMP ANY is desirous of purchasing potable water from CITY for usual human domestic
consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning
considerations for the long-range potable water supply of CITY did not include the needs of
property located outside the city limits of CITY. CaMP ANY recognizes that CITY cannot at this
time provide permanent and unlimited water service. CITY agrees, however, to provide limited
potable water service to COMPANY. For and in consideration of furnishing domestic potable
water by CITY, the parties hereto agree as follows, to-wit:
2
III.
COMPANY has made certain representations to CITY as to its number of employees,
and/or its desired amount of potable water for limited industrial processes, as of the date of this
agreement, upon which representations CITY has relied in entering into this Agreement.
Upon review ofthese representations, the City has determined the following:
Number of Company Employees on site
25
Number of Contract Employees on site
o
Total on-site Employees
25
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee)
1250
*Potable Water Approved for Industrial Processes (gpd)
21600
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd)
22.850
IV.
CITY has determined that adequate facilities are available to CITY to furnish potable water
to COMPANY based on the following terms and conditions, to-wit:
(A) Company shall pay to CITY a one-time administrative connection charge of $5000.00
(B) Potable water used for Industrial Processes shall be limited to the following: Water for cooling
tower and reverse osmosis system.
(C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and
pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and
installing meter at Company's expense. COMPANY shall be responsible for installing
appropriate meter box to be approved by City.
3
."-,,,
(D) The total amount of potable water approved (average daily demand) is established at twenty-
two thousand ei2ht hundred fIfty (22.850) gallons per day. This number is based on an
average of fifty (50) gallons per employee per day established by CITY, plus any amount
approved for industrial processes.
(E) The average monthly demand of six hundred ninety six thousand nine hundred twenty five
(696.925) gallons is established by multiplying the average daily demand by a factor of 30.5,
which shall be used to facilitate service billings.
(F) The cost of water up to the average monthly demand of six hundred ninety six thousand nine
hundred twenty five (696.925) gallons shall be one hundred fifty percent (150%) of the
CITY'S rate as established from time to time for commercial customers inside its corporate
limits.
(G) The cost of water for amounts used in excess of the established average monthly demand shall
be two hundred percent (200%) of the CITY'S rate as established from time to time for
commercial customers inside its corporate limits.
(H) Nothing contained in this Agreement shall obligate CITY to furnish more than the average
montWy demand of six hundred ninety six thousand nine hundred twenty five (696.925)
gallons per month. Repeated consumption greater than the established average monthly
demand may result in termination of service.
(I) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY
if an emergency arises and there is not an adequate water supply to meet the needs of the
citizens of La Porte.
(J) CITY reserves the right to enforce its drought contingency plan on all water customers at
CITY'S sole discretion.
(K) The total cost for the engineering design and construction of any potable water main, service
4
line, back flow preventer, meter or other required appurtenances will be the responsibility of
COMPANY.
(L) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of potable water to customers within the corporate limits of CITY.
(M) All plumbing installed by COMPANY connected to the domestic water line from CITY,
shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S
engineering and code enforcement personnel shall have the right of prior review and approval
of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing
inspectors shall have the right to inspect any and all work related to the furnishing of potable
water to COMPANY.
(N) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY
to protect CITY from any possible cross-connections.
(0) The potable water supply system will be segregated from any existing and future COMPANY
fire protection system.
(P) There shall be no resale of the water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(Q) COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. COMPANY'S
development may be subject to certain additional requirements as described in Exhibit A.
These requirements shall be shown on the site plan and approved by CITY.
(R) CITY does not guarantee its water system will provide specific water pressure and/or water
volume requirements of COMPANY.
(S) COMPANY is responsible for design of adequate and appropriate systems for fire suppression
systems to its facilities.
5
V.
All expenses of the installation of the meter; service lines from the main to the meter; and
from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY.
COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter.
CITY shall own the meter.
VI.
CITY shall retain ownership and maintenance responsibility for its water meter(s). In the
event a State or Harris County license, permit, or permission to install the water main is revoked, or
relocation or adjustment is required, CITY will not be responsible for the expense of such
relocation, adjustment, or replacement.
VII.
CITY reserves the right of ingress and egress at all reasonable times for the purpose of
reading, maintenance, installation, removal and/or relocation of its water meter(s) and for
inspection of COMPANY'S water facilities in order to observe compliance with the terms and
conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in
advance. CITY also agrees to follow established health and safety policies in effect at
COMPANY'S facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects
within ten (10) days may result in termination of Agreement. CITY shall have the right to
summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the
integrity of the public water supply is threatened.
6
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for transition to another water supply. If the transition is not complete within said six-
month period, CITY shall have the right to terminate water service at its sole discretion.
X.
In the event of any conflict between the terms and provisions of this Water Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Water Service Agreement shall control, to the extent of such
conflict. The term of this Agreement shall terminate on December 31, 2007. However, this
Agreement shall automatically expire at such time as there is no effective Industrial District
Agreement between the parties or if CITY exercises its right of termination.
,-"-
7
ENTERED INTO and effective the ~ day of p-e 13.
, 2006
BNIP NEW DECADE VENTURE. L TD
A Texas Limited Partnership.
Company
By:
Donald E. Dennis, Jr. Inc.;
A Te~:;l;' qmmer
Name: '1)0 "';1\-(.. b t. b .E.~w I 5 ,JIl..
Title: fR- E.s I b E""r
Address: 3rr?/ B((IA/U~ h~'1 STE. \ $5
/fo V S Tb".., J r)t '7 ri 0 't '2-
By:
CITY OF LA PORTE
ATTEST:
~ /Jjjj~ll, /WiJ;1
Martha A. Gillett
City Secretary
AP?J?;~
Knox W. Askins
City Attorney
r ~~T: OF LA P~
BY:~~'~
Alton E. Porter
Mayor
By:
~~~
City Manager
City Attorney
PO Box 1218
La Porte, TX 77572-1218
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77572
Phone: (281) 471-1886
Fax: (281) 471-2047
Phone: (281) 471-5020
Fax: (281) 471-7168
8
This is EXHIBIT A, consisting of 1 page,
referred to in and part ofthe Water Service
Agreement and/or Sanitary Sewer Service
Agreement between CITY and COMPANY
dated If" I) -O~ ,
"I~tial:
CITY ~
COMPANY~
ADDITIONAL REQUIREMENTS
The Agreement is amended and supplemented to include the following agreement of the parties.
COMP ANY shall provide additional improvements as specifically set forth below. These
agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell
water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary
Sewer Service Agreement and this addendum. Said additional improvements undertaken by
COMPANY are an integral part of the consideration by COMPANY for obtaining the provision
of water and/or sanitary sewer service from CITY.
1) Storm Water Plan:
For new development COMPANY shall provide a Storm Water Management Plan
that is approved by Harris County Flood Control District and CITY. COMPANY
shall construct and maintain any storm water system as a condition of continued
water and/or sewer service.
2) Beautification Efforts:
COMP ANY shall submit a Landscaping Plan subject to approval by CITY.
COMP ANY shall install and maintain landscaping along its existing developed
frontage as per approved Landscaping Plan as a condition of continued water
servIce.
ORDINANCE NO. 2006-~
AN ORDINANCE APPROVING AND AUTHORIZING A SANITARY SEWER SERVICE
AGREENEHT BETWEEN THE CITY OF LA PORTE AND BNIP NEW DECADE
VENTURE, LTD.; 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 contract, agreement, or other undertaking
described in the title of this ordinance, in substantially the
form as shown in the document which is attached hereto and
incorporated herein by the reference.
The City manager 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.
ORDINANCE NO. 2006- ~'6~;
PASSED AND APPROVED, this ~
ATTEST:
-
~f1 O. AJ1)j
MartHa A. Gillett
City Secretary
APP~# d~
Knox W. Askins
City Attorney
By:
PAGE 2
day of
Fe- 13 .
, 2006.
~~~
Alton E. Porter
Mayor
1
STATE OF TEXAS ~
COUNTY OF HARRIS ~
SANITARY SEWER SERVICE AGREEMENT
(for Companies located in Bayport North Industrial Park)
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and BNIP New Decade
Venture. L TD hereinafter hereinafter called "COMPANY".
I.
COMPANY is the owner of certain real property, which is situated in CITY'S Bayport
Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are
parties to a current Industrial District Agreement.
II.
,-."""'-"
COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and
unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service
to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties
hereto agree as follows, to-wit:
III.
COMPANY has made certain representations to CITY as to its number of employees,
and/or its desired amount of sanitary sewer from limited industrial processes, as of the date of this
agreement, upon which representations CITY has relied in entering into this Agreement.
2
Upon review of these representations, the City has determined the following.
Number of Company Employees on site
25
Number of Contract Employees on site
o
Total on-site Employees
25
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee)
1250
*Potable Water Approved for Industrial Processes (gpd)
21600
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd)
22.850
IV.
CITY has determined that adequate facilities are available to allow CITY to furnish sanitary
sewer to COMPANY based on the following terms and conditions, to-wit:
(A). Company shall pay to CITY a one-time administrative connection charge of $5000.00
(B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing
Division and pay appropriate deposit.
(C). The average daily demand is established at twenty-two thousand ei2ht hundred fIfty
(22.850) gallons per day. This number is based on an average of fifty (50) gallons per
employee per day established by CITY.
(D). The average monthly demand is calculated to be eighty-five percent (85%) of the average
daily demand multiplied by a factor of30.5, which shall be used to facilitate service billings.
(E). The cost of sanitary sewer service up to the average monthly demand of six hundred ninety
six thousand nine hundred twenty five (696.925) shall be one hundred fifty percent (150%)
of the CITY'S rate as established from time to time for commercial customers inside its
corporate limits.
3
(F). The cost of sanitary sewer service for amounts in excess of the established average monthly
demand shall be two hundred percent (200%) of the CITY'S rate as established from time to
time for commercial customers inside its corporate limits.
(G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly demand of six hundred ninety six thousand nine hundred twenty five (696.925)
gallons. Repeated sanitary sewer delivery greater than the established average monthly
demand may result in termination of service.
(H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the
CITY may require the suspension of use of the sanitary sewer system for periods not to exceed
thirty-six hours.
(I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to
COMPANY if an emergency arises and there is not an adequate sewer collection or treatment
capacity to meet the needs of the citizens of La Porte.
-
(J). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74,
Article II of the Code of Ordinances) and any subsequent amendments or revisions.
(K). The total cost for the engineering design and construction of any sanitary sewer main, service
line, lift station, meter or other required appurtenances will be the responsibility of
COMPANY.
(L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of sanitary sewer service to customers within the corporate limits of CITY.
(M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements. CITY'S
~-
engineering and code enforcement personnel shall have the right of prior review and approval
4
of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing
inspectors shall have the right to inspect any and all work related to the furnishing of sanitary
sewer service to COMPANY.
(N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
(0). COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. Company's
development project may be subject to certain additional requirements as described in Exhibit
A. These requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of service lines from the main to the COMPANY'S facilities
shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines
and plumbing facilities.
VI.
CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains
and/or service lines within Bayport North Industrial Park. In the event a State or Harris County
license, permit, or permission to install the sanitary sewer main is revoked, or relocation or
adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment,
or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of
this Agreement. When exercising its right of entry, CITY shall notifY COMPANY in advance.
CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility.
,-
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects
5
within ten (10) days may result in termination of Agreement. CITY shall have the right to
- summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the
integrity of the public sanitary sewer system is threatened.
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for transition to another sanitary sewer service provider. If the transition is not complete
within said six-month period, CITY shall have the right to terminate sanitary sewer service at its
sole discretion.
X.
In the event of any conflict between the terms and provisions of this Sanitary Sewer Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of
such conflict. The term of this Agreement shall terminate on December 31,2007. However, this
Agreement shall automatically expire at such time as there is no effective Industrial District
Agreement between the parties or if CITY exercises its right of termination.
6
ENTERED INTO effective the ~ day of Fef3
By:
By:
,."'-
CITY OF LA PORTE
ATTEST:
L1r!())I!J/L If. ~uffi
Martha A. Gillett
City Secretary
By:
By:
Knox W. Askins
City Attorney
, 2006.
BNIP NEW DECADE VENTURE. LTD
a Texas Limited Partnership.
Company
Donald E. Dennis, Jr. Inc.;
A Texas corporation, its General Partner
~fY
1) <' tJ /t-t-b E, b E.NfJ I> I J'.(..
PA.E S I~ E:.}.ij
:5,.,2..1 ({IA(J..PAIl-It- b~ STE.ISS"
f-io().sVO~. TX '7 ot..f 2-
I
Name:
Title:
Address:
~T.YOFLAPO..~
'\ ~ /-1-
. c...>. ~
Alton E. Porter
Mayor
~~d~
City Manager
7
This is EXIllBIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and/or Sanitary Sewer Service
Agreement between CITY and COMPANY
dated d '19/ () Y ,
Ii. 1:
CITY 11!
COMPANY~
ADDITIONAL REQUIREMENTS
The Agreement is amended and supplemented to include the following agreement of the parties.
COMPANY shall provide additional improvements as specifically set forth below. These
agreements represent contractual undertakings of CO MP ANY, undertaken to induce CITY to sell
water and/or sanitary sewer to COMPANY pursuant to the terms of the Water Service
Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional
improvements undertaken by COMP ANY are an integral part of the consideration by
COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY.
1) Storm Water Plan: For new development COMPANY shall provide a Storm Water
Management Plan that is approved by Harris County Flood Control District and CITY.
COMP ANY shall construct and maintain any storm water system as a condition of
continued water and/or sewer service.
2) Beautification Efforts:
COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY
shall install and maintain landscaping along its existing developed frontage as per
approved Landscaping Plan as a condition of continued water service.
3) Sampling Well:
COMPANY shall install a sanitary sewer sampling well in accordance with CITY's
standards.
4) Industrial Waste Permit:
COMP ANY shall submit application to CITY for industrial waste permit.
AREA MAP
,~
-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested February 13,2005
Requested By: Mayor Porter
Appropriation
Source of Funds:
Department:
Mayor llyg City Co'\ycil
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Amount Requested:
Exhibits:
Ordinance and Back-up from LPISD
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
La Porte Independent School District recently appointed Dr. Say as the School District's representative for the
TIRZ/Redevolpment Boards. City Council needs to ratify this decision by approving the change in the
boards/commissions ordinance.
In addition, the ordinance reflects the vacant spot on the Chapter 172 Board recently vacated due to the resignation
of Kim Meismer.
Action Required bv Council:
Recommendation is to approve the ordinance ratifying Dr. Say and indicating vacant slot on Chapter 172 Board.
A
rB ~~
Date (
ORDINANCE NO. 2004-2782-J
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 Dr. Say (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
Vacant 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 Membe r - Barry Beasley 2004
Committee Membe r - 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 Chester 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
Position 2
Peggy Antone 2007
Dave Turnquist 2006
Alton Porter 2007
Horace Leopard 2006
Douglas Martin 2007
J.J. Meza 2006
Dr. Say 2007
Chester Pool 2006
*Lindsay R. Pfeiffer, Chairman 2007
The City Council of the City of La Porte hereby
following appointments to the Main Street District
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9
Section 10.
makes
the
Commi ttee, 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
Position 5
Position 6
Position 7
Position 8
Position 9
Douglas Martin
Vicki Campise
Paul Berner
Pat Muston
Gloria Lair
Brenda Brown
No Term
No Term
No Term
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
District 1
District 2
Pat Muston
Doretta Finch
2006
2008
2006
Nick Barrera
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 Board of
Adjustment, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
Position 1 Sidney Grant 2007
Position 2 Bob Capen 2007
Position 3 Rod Rothermel 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 Tom 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,
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 21. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 13TH day of February, 2006.
By:
CITN~ LA PORT~
~~.<~
Alton E. Porter
Mayor
ATTEST:
1A4td4 d AI~
a tha A. Gillett
City Secretary
AP~
r(l~ '
Clark T. Askins. ~
Assistant City Attorney
10
JRN 30 '06 04:26PM LRPORT I S D
P.2/6
BOARD OF TRUSTEES
LA PORTE INDEPENDENT SCHOOL DISTRICT
Minutes
REGULAR BOARD MEETING
Board Room - Administration Building
January 10, 2006
Present:
Gene Horn, Kathy Green, Charlcya Wheeler, Jim Schul, Bill
Snead, and Dr. Charles Hilborn.
Administration:
Drs. Say, Livaudais, and Trlica, Mark Gabehart, Margie Grimes,
Janis Edwards, patrons, staff, principals and other administrators.
I. OPENING
A. At 6:03 pm, President Ham called the meeting to order and announced
that a notice of the meeting had been posted in a manner required by law,
and that a quorum was present.
President Horn solicited Trustees/Superintendent for specific Agenda items to be
discussed in Closed Session. They were:
1-4. V. New Business, D. Personnel, items 1,2,3,6.
At 6:05 pm, the Board recessed the Open Session for the Board to convene
in Closed Session under Section 551.074 for the purpose of considering
the appointment, employment, evaluation, reassignment, duties, discipline
of a public officer(s) or employee(s), or to hear complaints or charges
against a public officer(s) or employee(s) pertaining to item(s) Jbted in the
notice! Agenda of this meeting.
At 7:04 pm, the Board reconvened in Open Session to conduct the business
of the meetiDg.
B. PRESENTATION OF COLORS/PLEDGE OF ALLEGIANCE
was led by the J .RO. T .C. of La Porte High School
C. INVOCATION was given by Dr. Mike Thomas, principal, La Porte Jr.
High School
Min- Reg_ Bd. Mtg. Jan. 10, 2006
1
JAN 30 '06 04:26PM LAPORT I S D
P.3/6
II. RECOGNITIONS/ACKNOWLEDGEMENTS
Ms. Rickert recognized the following...
1. The five (5) LPISD teachers who have achieved National Board
Certification:
Dawn. Beard, Lomax Elementary; Sandy Carpenter, Bayshore
Elementary; Andrea Beaman, Bayshore Elementary; Andrea
Rivers, Lomax JH; and Debbie Klein, district diagnostician.
2. Since January is JlSchool Board Recognition Month," plaques
and ''bulldog orange" personal shirts were given to each Board
member as a "thank you" from the District for their services.
i
m. AG:ENDA ITltM
A. Linda Wadleigh, Director for Federal & State Funds and grants, conducted
the Public Hearing for the 2006-07 Academic Calendar. She reported on the
District's phone survey to some 4119 households, the results being a majority
vote for Calendar A. She also related that the sign in sheets in the Foyer tonight,
were unanimous for Calendar A (school beginning August 10, 2006). (attached
to boUnd minutes)
IV. PUBLIC COMMENT
There were none.
v. NEW BUSINESS
A 1. Kathy GTeen moved, seconded by Jim Schul, to determine and approve the
New Business Consent Agenda. For approval were:
a.) A 2: Board Minutes of Board meeting held on December 13, 2005;
b) B 1: Un-audited Financial Statements for the General Fund,
Food Service, Debt Service and Capital Projects Funds
for months ending November 30, 2005.
* Quarterly Investment Report for quarter ending November 2005.
,. Property Tax Collections Report November 2005.
continued
Min. Reg. Bd. Mtg. Jao. 10,2006
2
JAN 30 '06 04:26PM LAPORT I S D
P.4/6
(New Business Consent Agenda, continued)
(I-, con't)
c) B.2: Budget Amendment #917.
d) D 4: changes to the Certified Instructional New Hire Staff Schedule
in the La Porte ISD Compensation Plan for school year 2005-06; and
e) D. 6: the recommended employment of professional staff.
Motion carried unanimously. (attached to bound minutes)
2. Approval of the Board Minutes of the Regular Meeting of the Board of
Trustees held on December 13 , 2005. (Consent Agenda)
3. Kathy Green moved, seconded by Dr. Hilborn. that Position 3 be declared
vacant until the regular election to be held May 13, 2006. Motion carried
W'lanimously.
~: 4.
The following appointments made by President Horn were noted:
a. appoint Bill Snead to the Board Facility Planning Committee;
~. appoint Dr. Say to the City of La Porte's TlRZ CoI11J.'nittee.
B. BUSINESS
1.
Approval of ;
* Un-audited Financial Statements for the G~eral Fund,
Food Service, Debt Service and Capital Projects Funds
for months ending November 30. 2005.
Quarterly Investment Report for quarter ending November 2005.
Property Tax Collections Report November 2005. (Consent AgendB)
'"
;I;
2.
Approval of Budget Amendment #917. (ConHDt Agenda)
3.
Jim Schul moved, seconded by Charlcya Wheeler, to accept the donation
of a baseball scoreboard from The David Foundation. (drawing
attached) Motion carried \U1animously.
Min. Reg. Bd. Mtg- Jan. 10,2006
3
JRN 30 '06 04:26PM LRPORT I S D
P.5/6
C. CURRICULUM
FYI: 1.
Dr. Livaudais gave a presentation on the 2005 Academic Excellence
Indicator System (AEIS) Reports as required within 90 days of their
receipt. She noted areas in need of improvement as well as the
successful areas.
2. Jim Schul moved, seconded by Bill Snead, to approve a "First Day of
Instruction Waiver" and the accompanying Calendar Option A with
a first day ofschool date of August 10,2006.) Motion carried unani-
mously. (attached to bound minutes)
D. PERSONNEL
FYI: 1.
Reports of the employment of at-will staff were noted.
2. Report of transfers within campuses/departments in the District
were noted.
3. Report of retirements and resignations of at-will staff were noted
4. Approval of the changes to the Certified Instructional New Hire
Staff Schedule in the La Porte ISD Compensation Plan for
school year 2005-06. (Consent Agenda)
5. Kathy Green moved, seconded by Charlcya Wheeler, to amend and
approve the retirements and resignation of professional staff, including the
addition of Dr. Trlica's resignation. Motion carried unanimously.
(attached to bound minutes)
6. Approval of the recommended employment of professional staff.
(Consent ACenda)
VI. DISCUSSIONSIINFORMATION
Dr. Say noted that he and Ms. Rickert will be in Austin on January 24 for the
prestigious awa.rding of "Crystal Awards" from the Texas Association of
Partnerships to LPJSD's Educational Foundation and to Mr. John Black) editor
of the Bayshore Sun. This will necessitate rescheduling the January 24 Board
Meeting to Monday. JanuaI)' 23. 2006.
Min. Reg. Bd. Mtg.lan. 10,2006
4
JAN 30 '06 04:27PM URPORT I S D
VII.
REQUESTED FUTURE BOARD ITEMS
It was noted that the Board needed to hold a workshop to complete the revised
Superintendent's Appraisal that had been started earlier in this year but not
completed. Could this be possible at the January 23 meeting?
VIII. COMMENTS OF BOARD/SUPERINTENDENT
None
Reminded everyone to be sure to get their tickets to this year's
annual musical.. _ "Sweet Charity;" LP High School is famous
for their productions;
sorry about Dr. Trlica's resignation to go to work for Houston
lSD; thanked her for her contributions here in LPISD;
glad that 2005 is over!; noted the loss of Be a Svambera; 2006
has to be better!
wished I'~ood lucklt to Tr)ica; noted that her grandson will be
in this year's HS musical;
nothing to add;
the same!
Hilborn:
Snead:
Green:
Schul:
Wheeler~
Horn:
Say:
IX. ADJOURNMENT
The meeting was adjourned at 8:13 pm.
4d~(l,~u
Charlcya Whe er. Secretaly
Board of TlUStees
La Porte Independent School District
~jn_Reg.Bd.~tg.jan.lO,2006
5
~AI\;2. ~
Gene Horn, President
Board of Trustees
La Porte Jndependent School District
P.6/6
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
~'2'"
Appropriation
Utility CIP Fund
Requested By:
S. Gillett
Source of Funds:
Department:
Public Works
Account Number:
Contingency Fund
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
N/A
Exhibits: Ordinance
Amount Requested:
$33,127.00
Exhibits:
Professional SeJ'vices Al!:reement
Budgeted Item:
NO
Exhibits
SUMMARY & RECOMMENDATION
Harris County is soon to complete the construction of Bay Area Blvd. from Fairmont Parkway to Spencer Highway. As a component of
this Project, the City constructed the Bay Area Blvd. Trunk Sewer from Fairmont Parkway, across Spencer Highway to 0 Street,
eliminating a Lift Station and diverting flows from the South 16th Street Service Area to the Fairmont Trunk Sewer. The Engineer,
Wayne Smith Engineering, also examined the potential to divert flows as far north as possible from the Northwest Service Area, with the
idea of eliminating as many lift stations as possible. This study was done to accommodate the future needs of the area when the Sens
Road Widening Project would be started, as city utilities will need to be relocated at that time. This Project has not been expected to take
place in the near future, so funds have not been programmed into the City's five (5) year CIP.
Recently the city has discovered that Harris County is actively designing this Project, using two (2) design firms, and design could be
completed within the next year, with possible construction after that time. The City has contacted one of the County's engineers, Van
De'vViele Engineering, to provide a proposal to perfoml Preliminary Engineering Services to installation ofa new 12 inch water line and
the extension of a gravity sanitary sewer trunk sewer along Sens road from North 0 Street to North P Street.
The work will involve examining the feasibility of extending the existing Bay Area Blvd Trunk Sewer as far north as possible,
eliminating as many lift stations as possible, which will also serve to relocate existing sewer from the proposed Sens Road Widening.
Additionally, the existing 8 inch waterline will be upsized to 12 inch and relocated outside the proposed Sens Road Widening. The
Preliminary Engineering Report will summarize the findings, make recommendations and provide a cost estimate for crp programming.
The cost for the proposed services is as follows:
Preliminary Engineering Report
Survey
Direct and Misc. Expenses
Total
$25,360.00 (Lump Sum not to exceed)
6,017.00
1,750.00
$33,127.00
The City did not anticipate this Project for several years, and no funds have been budgeted. Due to the accelerated schedule adopted by
the County to move forward with the widening of Sens, it is vital that the City determine location and cost of the relocation of utilities
outside the proposed construction area, and to implement the previously planned sewer improvements at the same time. Once costs have
been established, the city can plan for the orderly relocation of its utilities in advance of the Sens Road Widening Project. Funds are
available in the Utility crr Fund Contingency for this Project.
Action Required by Council: Approve an ordinance authorizing the City Manager to execute and agreement with Van
De Wiele Engineering Incorporated to provide professional engineering services for a Preliminary Engineering Report for
the relocation of utilities along Sens Road.
fB/ob
Da r
ORDINANCB NO. 2006- ii10
AN ORDINANCB APPROVING AND AUTHORIZING AN AGRBBMBNT BBTWBBN THB
CITY OF LA PORTB AND VAN DeWIBLB BNGINEBRING INCORPORATBD TO
PROVIDB A PRBLIMINARY BNGINBBRING RBPORT FOR THB RBLOCATION OF
UTILITIBS ALONG SBNS ROAD, APPROPRIATING THB SUM NOT TO BXCBBD
$ 3 3, 127 .00, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND
PROVISIONS RBLATING TO THB SUBJBCT, FINDING COMPLIANCB WITH THB
OPBN MBBTINGS LAW, AND PROVIDING AN BFFBCTIVB DATB HBRBOF.
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 not to
exceed $33,127.00 from the City of La Porte utility Capital
Improvement Fund (Fund 3) Contingency, 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 13th day of February, 2006.
By:
CITY OF LA POR~
~~.\~~
Alton E. Porter
Mayor
ATTEST:
~a4.~
Mart a A. Gillett
City Secretary
APPROVED:
/"'1
v~iC!
Knox W. Askins
City Attorney
2
WtnDewzele.
Engineering .
Incorporated ..
2925 Briarpark, Suite 275
Houston, TX 77042-3720
713/782-0042 Fax 713/782-5337
January 27, 2006
Mr. Steve Gillette
Director of Public Works
City of La Porte
2963 North 23rd. Street
La Porte, Texas 77571
Re: Proposal for Preliminary Phase Engineering Services
Water Main & Sanitary Trunk Sewer Improvements.
Sens Road and Adjacent Service Areas
Dear Mr. Gillette:
We are pleased to submit this proposal to provide professional engineering
services for the preparation of a Preliminary Engineering Report for the installation
ofa new 12-inch diameter water main and the extension of a gravity sanitary trunk
sewer along Sens Road from North D Street to North P Street. This proposal
addresses your request for proposal made during our August 2, 2005 and January
18, 2006 meetings. This proposal includes the project's background, scope of
services, compensation and project schedule.
Background
The City of La Porte prepared a "Comprehensive Wastewater Collection and
Treatment Plan" in May 1984 (Plan) which has generally been followed. Several
service area and service line changes have been necessary to facilitate occurring
land development. The main gravity trunk sewer along Fairmont Parkway was
constructed. In March 2001 a Preliminary Engineering Report (0301 PER) entitled
Preliminary EnJ!ineerin[! Report Large Diameter Sanitary Trunk Sewer Bav Area
Boulevard from FairmontParkwav to North D Street was prepared by Wayne
Smith & Associates, Inc. for the City of La Porte. The report presented a review
and analysis of the city's existing wastewater collection system for the service
areas north ofFairmont Parkway and east and west of Sens Road. It included
surface and subsurface conditions, and rights-of-way and utility pipeline impacts.
It evaluated the gravity sanitary trunk sewer capacities for the existing and future
development, and described design criteria and factors affecting the routing of a
Mr. Steve Gillette
January 27,2006
Page 2 of5
new gravity sanitary trunk sewer. It also examined the potential elimination of the
lift stations at Sens Road and North D Street, and Sens Road and North L Street.
Subsequent to the 0301PER, a 42-inch diameter gravity sanitary trunk sewer was
constructed along Bay Area Boulevard from Fairmont Parkway to Spencer
Highway, and a 36-inch diameter gravity sanitary trunk sewer was constructed
along Sens Road from Spencer Highway to North D Street. The lift station at
North D Street was eliminated.
The Harris County Public Infrastructure Department's Engineering Division has
two engineering design contracts currently underway for the widening of Sens
Road. Binkley & Barfield Consulting Engineers, Inc. (BBI) is designing Sens
Road from 300-ft. north ofSoencer HiJ!hwav to 300 ft. north of North H Street. and
Van De Wiele Engineering, Inc. (VEl) is designing Sens Road from 300 ft. north of
North H Street to 300 ft. north of North P Street. The City of La Porte wants to
build upon the findings and recommendations of the 0301 PER, and the BBI and
VEl designs and investigate both extending the gravity trunk sewer along Sens
Road from North D Street to North P Street, and extending gravity sewer mains
east and west along the intersecting streets (North D, West Barbour's Cut
Boulevard, North H, North L and North P) to the furthest feasible extent. The
primary goal of the investigation is to redirect sewage flows which are currently
being diverted, and in some cases pumped, through other service areas to other
trunk sewers, into the proposed system as was originally intended in the Plan. By
so doing, the secondary goal of the investigation will be realized: eliminating a')
many of the city's existing wastewater lift stations within these service areas as
possible.
The City of La Porte wants to construct the Sens Road portion of the proposed
gravity sanitary trunk sewer, as well as a new 12-inch diameter water main (and
abandon an existing 6-inch line) prior to the construction of the County's roadway
projects. Once constructed, the gravity trunk sewer and water main must coexist
with the drainage and roadway improvements such that all can be maintained.
Scope of Services
1) Obtain available Sens Road topographic survey data from the BBI and VEl
projects.
2) Supplement the topographic survey data in Item 1 with additional, limited
topographic survey data (using GPS methods on the same datum) along the
intersecting streets and within the service areas. The data shall include but
is not limited to:
~nDe~ele
Engineering
Incorporated
VanDe~ele
Engineering
Incorporated
Mr. Steve Gillette
January 27,2006
Page 3 of5
a. Cross sections of the intersecting streets at approximately 500-
feet on center for various distances;
b. Manhole rim elevations, pipe diameters and alignments, and
flowline elevations of existing gravity sanitary sewers;
c. Pipe diameters and invert elevations of existing lift stations'
influent sewers;
d. Natural gas or other product pipelines that cross either Sens
Road or the intersecting streets; and,
e. Above ground utility company facilities such as telephone
company pedestals, gas valves, or fiber optic cable risers.
3) Review the 0301 PER's findings and recommendations including service
areas, waste load factors, line capacity, location, and constructability.
4) Review the BBI PER and assess the feasibility and cost to extend the
proposed gravity trunk sanitary sewer through their project. Participate in
two coordination meetings to accomplish this task.
5) Review the topographic survey data from Items 1 and 2 with respect to
existing sanitary sewers and lift stations, surface elevations, roadside ditch
and cross drainage structure flowline elevations, rights-of-way, easements,
and crossing utilities, pipelines and other subsurface conditions.
6) Refer to City of La Porte's current zoning map and develop waste load
factors for each service area. Calculate required pipe sizes and slopes
based on resulting flow estimates. Include appropriate peaking and
infiltration/inflow factors.
7) Determine the extents to which the proposed gravity trunk and main
sanitary sewers can be extended throughout the service areas. Provide pipe
sizes, slopes and preliminary flowline elevations at key nodes. Identify lift
stations that can be removed from service.
8) Participate in three meetings with the Harris County Public Infrastructure
Department's Engineering Division project manager. The first two will
address impacts, scheduling, feasibility, constructability and coordination
with the County and BBI; the third to secure design concurrence.
Mr. Steve Gillette
January 27,2006
Page 4 of5
9) Prepare an estimate of probable construction cost showing each major
portion of the proposed gravity sanitary trunk sewer, and each intersecting
street's proposed gravity sanitary main sewer.
10) Present the findings and recommendations of the investigation outlined in
Items 1 through 8 in a Preliminary Engineering Report prepared under the
direct supervision of, and sealed by a licensed Professional Engineer in the
State of Texas. Include photographs, exhibits, tables and cost estimates.
11) Furnish up six copies of the Preliminary Engineering Report to the City of
La Porte for their review and approval.
12) VEl recommends postponing any geotechnical investigation(s) until the
design phase. The final locations and depths of the proposed sanitary
sewers will be known at that time.
Compensation
Compensation for services rendered will be on a lump sum basis at a cost not to
exceed $25,360.00 without prior written approval from the City of La Porte. VEl
recommends a budget of $6,017.00 (cost plus 10% mark-up) for the services ofa
Registered Professional Land Surveyor to perform the limited topographic survey
(see enclosed January 26,2006 proposal from Total Surveyors, Inc.). Direct
expenses are estimated at $1,750.00 based on reproduction of 6 copies of the
Preliminary Engineering Report at $250.00 each and $250.00 in miscellaneous
expenses. The calculation of VEl's fee (by task) and the project's overall
$33,127.00 budget are presented in Exhibit A.
Project Schedule
The work will commence upon receipt of the City of La Porte's written
authorization. Surveying, field reconnaissance work, records research and agency
and utility company coordination can be completed within approximately three
weeks of authorization. The service areas can be defined, waste load and In
factors applied, base solution determined, costs estimated and a draft Preliminary
Engineering Report completed approximately three weeks thereafter. Assuming
one week for the city's review, the final Preliminary Engineering Report can be
completed two weeks thereafter. VEl therefore recommends a schedule of 60
calendar days to complete the services described herein.
~nDeWiele
Engineering
Incorporated
Mr. Steve Gillette
January 27,2006
Page 5 of5
Please indicate your acceptance of this proposal by executing both originals and
returning one for our files. We are available to initiate the work ofthis assignment
upon receipt of your written authorization to proceed.
VanDe Wiele Engineering, Inc. appreciates this opportunity to provide
professional engineering services to the City of La Porte for this important project.
Please contact me if you have any questions regarding this proposal, or if you need
any additional information.
?~--
Daniel P. Simeone, P .E.
Senior Project Engineer
Municipal Projects
Enc!.: Exhibit A: Estimated Manhours and Costs by Task
Total Surveyors, Inc. proposal dated January 27,2006
VEl Hourly Billing Rates 2006
Prpsl Phase I Svcs RevOl
Accepted By:
si;j!lMV~~
j)gR>ra fea.1-er /~
Type or Print Name
L!J \./ m~er
Title (
f)- }j-Oy
Date
llanDeWiele
Engineering
Incorporated
Exhibit A
Estimated Manhours and Costs by Task
Water Main & Sanitary Trunk Sewer Improvements
for
Sens Road and Adjacent Service Areas
City of La Porte, Texas
Senior
Task No. Description Principal Proj ect Project CADD Total
Engineer Engineer V Designer II
VI
1 Review 0301 and BBI PERs. Meet with BBI 4 14 18
2 Records and Utility Research and Site Visits 4 12 16
3 Prepare and Review Supplementary Topograhic Data 2 12 24 38
4 Design Sanitary Sewer & Water Line Improvements 4 32 20 56
5 Coordination Meetings wlBBI & County 4 8 12
6 Prepare Submit Draft PER & Cost Estimate 6 32 24 62
7 Revise & Submit Final PER 0.5 1 4 4 9.5
Subtotal Hours 0.5 25 114 72 211.5
Hourly Rate (Includes Salary, Overhead and Profit) 230 165 130 87 .5] !ii~limm~mm mm::lf\
...
Manhour Costs $115.00 $4,125.00 $14,820.00 $6,300.00 $25,360.00
Supplementary Topographic Survey (x 1.10) $6,017.00
Estimated Direct Expenses (Including 6 PERs at $250/Ea.) $1,750.00
Total Project Cost $33,127.00
1/27/2006
UlnDeWzele
Engineering
Incorporated
Page 1 of 1
JAN-27-2006 10:35 From:JA COSTANZA
2819308110
To: 7137825337
P.1/3
TSI
January 27, 2006
Mr. Daniel P. Simeone, P.E.
Senior Project Manager I
Van DeWiele Engineering Incorporated
2925 8riarpark. Suite 275 I
Houston, Texas 77042-3720
RE: Survey Proposal
Sens Road Utilities
City of LaPorte, Texas
Dear Mr. Simeone:
Total Surveyors, Inc., is pleased to present this proposal for performing the land
surveying services required for the proposed design of a utility system to serve Sens
Road, and the surrounding lateral street system, located in the City of La Porte, Harris
County, Texas.
Our estimated proposal includes the following:
I
~ Horizontal and V!8rtical Control
);0 location of all pipelines and surface utilities within the specified area
~ Cross-sections. t/- 500 foot intervals (along aU lateral streets)
~ Manhole depths fNith pipe sizes and direction
> lift station locations, with wetwel/ depths
). Drafting.service~ (continuous plan views)
The final elevations will be referenced to the vertical datum used on the original Sens
Road Topography. The a,ove services include time for all meetings required.
The following is an estimate of the hours required to complete the above scope of work:
I
I
TOTAL SURVEYORS, INC.
4301 Ce.nter Street - De~r l'ark, Texas 77536 - Otlice 28i -479-8719 Fa.x 281-930-8110
I
JAN-27-2006 10:35 From:JA COSTANZA
2819308110
To: 7137825337
Sens Road
Hours
Rate
I
,
A. Establish Horizontal and VertiC'.a1 Project Control
!
i
2 Man Crew I GPS Static Equipment
Project Surveyor I RFLS
4
2
$ 100.00
$ 75.00
Section 'A' Sub-total
,
C. Roadway Topography with Gross-Sections and Utilities
,
2 Man Craw
Project Surveyor I R!=>LS
CAD Operator :
$ 100.00
$ 75.00
$ 60.00
36
8
12
Section 'C' Sub-total
i
TOTAL SENS ROAD UTILITY PROJECT
I
The above fees are based on Van OeWiele Engineering providing a base map to
overlay the topographic inf~rmation.
DELlVERABLES
P.2/3
Sens Road Utilities
Page 2 of 3
Total
$
$
$
400.00
150.00
550.00
$ 3,600.00
$ 600.00
$ 720.00
$ 4.920.00
$ 5.470.00
I
};;o Continuous PI'an View Drawings
};> Field Notes apd Control Information
OUf total fee for the above services is $5,470.00. Billing will be submitted on a monthly
basis. We propose a time frame of 2 weeks, to complete the above task, from the date
of the notice to proceed. :
,
The staff at Total Surveyors, Inc. looks forward to working with you and completing the
proposed services in a tim~ly manner. Should you have any questions regarding this
matter, please do not hesit~te to call.
JRN-27-2006 10:35 From:JR COSTRNZR
2819308110
To: 7137825337
I
ACKNOWLEDGEMENT AND AUTHORIZATION
The signature below authof;Z8S the work described herein.
FOR:
Van DeWielei Engineering Incorporated
A Texas Corporation
BY:
tlJJMv I3da~ignature)
J)ebra. n Fe a ze / I fdPrinted Name)
(J '~'t m~tU{Vl./ (Title)
- '--- (J .
Address: :2925 Briarpark, Suite 275
Houston, Texas 77042-3720
P.3/3
Sens Road Utilities
Page 3 of 3
Exhibit B
Van De Wiele Engineering, Incorporated
Schedule of Hourly Rates
And
Reimbursable Charges
2006
Hourly Rates Rate
Administration
Clerical $ 57.50
Bookkeeper 73.50
Engineering Staff
Engineer I $ 78.00
Engineer II 83.50
Engineer III 88.50
Engineer IV 110.00
Engineer V 130.00
Engineer VI 165.00
Engineer VII 202.50
Principal 230.00
Drafting/Design
Designer I $ 76.50
Designer II 87.50
Designer III 98.00
Drafter/Computer Technician I 55.00
Drafter/Computer Technician II 62.50
Drafter/Computer Technician III 73.50
CADD Manager 105.00
Plat Manager 100.00
Inspectors
Project Representative I $ 52.00
Project Representative II 71.50
Project Representative III 78.00
Project Representative Supervisor 90.00
vanDeWiele
Engineering
Incorporated
Exhibit B
Van De Wiele Engineering, Incorporated
Schedule of Hourly Rates
And
Reimbursable Charges
2006
Reimbursable Charges
Advertising, Blueprinting, Copying, Deliveries, Materials,
Filing Fees, Equipment and Outside Professional Services
Cost plus 10%
Mileage
$0.50/Mile
Overtime Rates (authorized)
1.5 times
standard rate
NOTE: This schedule subject to annual adjustment on January 1st
~nDeWiele
Engineering
Incorporated
"-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 13.2006
R"'lu...... By, S. Gillett 'Jfj}.l'/z;tJ
Department: Public Works
Appropriation
Source of Funds:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
N/A
Exhibits:
Interlocal Agreement
Budgeted Item: N/A
Exhibits
SUMMARY & RECOMMENDATION
On December 13,2205, the City Administrator of the City of Shoreacres contacted the City
Manager about the possibility of La Porte providing street sweeping services for Shoreacres
Blvd. between S. Broadway and SH 146. The roadway is four-lane divided curb and gutter
concrete thoroughfare.
The latest cost per lane-mile of street for sweeping is $18.06, including labor, equipment, fuel
and maintenance. Shoreacres Blvd. is approximately 0.8 miles in length. With four curb lanes,
this totals 3.2 lane-miles, for a cost of $57.80 for each sweeping. With a 10% overhead typical
for lnterlocal agreements of this type, the total cost would be $63.58 per sweeping.
The City of Shoreacres requested six sweepings per year. The annual cost to Shoreacres for this
service would be $381.48. Shoreacres has requested an lnterlocal Agreement, similar to the one
for Fire Protection, which is attached. The Agreement is for a three (3) year term beginning
March 1, 2006 and ending on February 28, 2009, and remains in effect after that date unless
cancelled by wither party with 90 days notice. The initial charge is calculated on a cost per lane
mile of$18.36, which is adjusted March 1,2007 and in subsequent years. Sweeping will be
performed every other month, with the actual scheduling to be determined by the Cit yof La
Porte to accommodate its own sweeping needs.
Action Required bv Council: Approve an ordinance authorizing the City Manager to execute
an lnterlocal agreement between the City of La Porte and the City of Shoreacres for sweeping
services for Shoreacres Blvd. between South Broadway and SH 146.
Approved for City Council Agenda
(~,
ate
ORDINANCE NO. 2006- ~~11
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE CITY OF SHOREACRES, FOR STREET SWEEPING
SERVICES, 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 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.
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 13th day of February, 2006.
By:
CITY OF LA PORT~.
~b~l~
Alton E. Porter
Mayor
ATTEST:
c;r;JLd~!l 4udI
Martha A. Gillett
City Secretary
APPROVED:
Knox W. Askins
City Attorney
2
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A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Februarv 13, 2006
Appropriation
Requested By:
Source of Funds:
Account Number:
Department: Administration
Amount Budgeted:
Report:
Resolution:
Ordinance:
Amount Requested:
Powerpoint Presentation
Budgeted Item:
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
The City has been exploring ways to cut energy costs and comply with SB 5. This bill requires political
subdivisions to do 3 things.
(1) Undertake all cost effective energy efficiency projects on existing facilities that will result in a reduction
in the use of electricity.
(2) Establish a goal to reduce their electrical consumption by 5% a year for 5 years; and
(3) Annually report to State Energy Conservation Office (SECO) on results and the progress oftheir efforts.
The City has been working with Siemens Building Technologies, Inc. to assist with compliance of this bill. In
addition to helping the City comply with SB 5, Siemens can assist the City in other areas of energy efficiency.
Staff has been exploring with Siemens funding options for energy efficiency and other capital projects using
Performance Solutions and possible contracting on HV AC maintenance.
This program would save the City money in energy costs, offer special funding options to pay for the upgrades,
and help staff with HV AC issues.
Action Required bv Council:
Receive report from Siemens Building Technologies, Inc..
~h /0,(,
rjate (
erformance Solutions
for
City of La Porte
February 13. 2006
~ Goals of Program
Preliminary Energy Audit Details
~ Preliminary Financials
~ Address Specific Questions
1
A world leader in electrical engineering and electronics
A comprehensive range of solutions, systems and services
Siemens is the world's 4th largest employer
Over 25 operating companies, Net Sales of over $90 Billion
More than 500,000 employees, often leading industry experts
in technology and innovation.
More than 120,000 patent rights worldwide
Products & Solutions range from CT Scanners, Building
Controls, Telephone Networks & Power Plants - to "Paid-from-
Savings" "Performance-based" Contracts
local Siemens office located in La Porte, TX
(11831 Fairmont Parkway - 110,000 sq. ft. manuf. facility)
Finding Solutions to the following:
~ How do you want to fund infrastructure improvements?
~ What is your strategic Energy Plan?
~ How can the City minimize risks?
~ How can the City save time and money?
~ How are you meeting the demands of Senate Bill 5?
What is the solution? Performance Solutions!
The City of La Porte can Imorove Infrastructures through
Performance Solutions without any Caoital Exoenditures
and be completely funded within Current Ooeratina
Budaet.
2
Technology
Infrastructure Measures
Maintenance
3
Randomly picked several buildings to review
Initial Building Assessments
- Review of Building Operations
- Review Historical Energy Usage And Billing
- Review of Ughting and Building HVAC
Personnel Interviews
Preliminary Review & Analysis of Utility Bills
Review of Water Billing Structure
Review & Analysis of Water Consumption
Preliminary Costs and Savings Estimations
'Quick and High level Overview of Savings Potential'
~Mechanical EquipmentlHVAC
~Chiller - Sylvan Beach Convention Center
~lighting Improvements
~Recreation and Fitness Center
~Evelyn Kennedy Civic Center
~ Jennie Riley Community Center
~Waste Water Lift Station Controls System
Possible Additional ECMs
(Feasibility to be determined during Detailed Energy Audit)
~Additional lighting & HVAC Retrofits in other facilities.
~Water & Wastewater Treatment
4
FindinQs
· T12lamps
· Magnetic ballasts
· Incandescent lamps
. Incandescent Exit Signs
· Opportunity for fixture and
lamp reduction
· Replace T12 lamps with T8
lamps
· Replace magnetic ballasts
with electronic ballasts
· Replace with Compact
Fluorescents when applicable
· Replace with lED Technology
· Install reflectors => Delamp
and reduce fixtures where
possible
90,000
~ 500
.50
80,000
~ 70,000
oK 60,000
50,000
.40,000
0 z 0 ~ ~ i '" ,. ~ ~ '"
>Energy savings - kWh nn.n kVA PostkVA
> Power savings - kW
>Reduced cooling energy and cost (reduction in internal heat load)
>Operational Cost Savings
>Improved light quality
5
In a C or Owner
Staff - Quantity and Technical
Value - Are you getting what you paid for?
Partnership - Is the contractor looking out for you?
Trust - How do you know what their telling you is correct?
Budget - Repairs & Replacements
Efficiencies - Energy Costs are rising...What is your Energy Plan?
Intangibles - Employee Comfort, Indoor Air Quality, Risk?
Findings Solution
Outsource HVAC Maintenance (Bid) Develop long range plan to
- Unsupervised workmanship provide ongoing
- Accountability Issues maintenance service on
Quality Control issues mec~anical ~quipment with
- loose Wiring on compressors, oil leaks, etc. qualified maintenance
- low Quality Air filters & modified return air partner
plenums
Numerous non-budgeted & unnecessary repairs
Poor response & service
6
Preventative Maintenance (Test & Inspect)
~ The Good
Lowest Initial Cost
Scheduled Maintenance Covered
Majority of Maintenance Requirements met
Typically the most profitable for the contractor
The Bad
Potential to be 'nickel & dime'
Repairs not budgeted
Risks fall on the City
'Loop holes' in the contract
Comprehensive (Full)
~ The Good
All Repairs Budgeted & Covered under contract
Risks transferred from Owner to Contractor
Better service from the Contractor
Stability & Reliability of Equipment
Contractor help project future costs for equipment Replacements
The Bad
Higher Initial Costs & Longer Term
Appearance of Greater Profitability for Contractor
Faci1tiy ECM Unils Estimated O&M Cost ROI
Cost Savings Savings Years
HV AC MaUllenance Prognun TSP Yes lED lED lED
Lighting Yes 5,606 kWh $ 5,606 558 39,973
Sylvan Beach Convention Center auner Yes 45,054 kWh $ 3,395 $ 2,054 61,613 11
Controls Yes 95,840 kWh $ 6,489 $ 12,090 lED lED
Lighting Yes 5,641 kWh 382 38 3,657
Lighting Yes 6,588 kWh 446 45 5,571 11
>>Saving are conservative & costs are preliminary high estimates
>>Should find other opportunities during Detailed Audit
Question: How does the City pay for this?
7
Complies with Local Government Ci e 302.004
MAn energy performance contract may be financed under a
contract with the provider of the energy or water conservation
measures that has a term not to exceed 15 years from the finol
dote ofinstallation."
>> Unique funding source funded from the
existing utility and operating budget
>> Various funding sources (Terms up to 15 years)
>> State Tax-Exempt Master Lease
>> Texas LoanSTAR (SEeD)
>> 3rd Party Financing
>> Potential for utility rebates &
incentives
Guaranteed Savings! - Siemens
pays for any shortfalls
8
~ Infrastructure Improvements - No A
Taxpayer Money Needed
~ Guaranteed Results - No Risk
~ Reduced Facility Operating Costs
~ Enhanced Working Environments
~ Help Meet the Demands of Senate Bill 5
~ Turnkey Project Development and Implementation
~ Saves Time
~ Provides Solutions!
9
Letter of Authorization ../
· Preliminary Energy Audit (PEA) ../
· Mutual Agreement on Potential Scope
~ Request For Qualifications
~ Letter of Intent
Detailed Energy Audit - Present Results
· Third Party Review
· Council Approval
~ Contract (NTE Price, Results Driven Scope, M&V Plan)
Final Design
Implementation
Operation/M&V Period
Achieve beyond the boundaries with ...
Siemens Building Technologies
10
11
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Februarv 13. 2006
Appropriation
Requested By: Crystal Scott, Asst. to the City Manager
Source of Funds:
Department: Administration
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Scope of Services
Amount Requested:
Exhibits:
Budgeted Item:
SUMMARY & RECOMMENDATION
Bay Area Houston Convention & Visitors Bureau approached the City to join its organization. Bay Area Houston
Convention & Visitors Bureau's mission is to increase awareness of the Bay Area Houston region as a premier
destination for overnight leisure, meetings, and business visitation. The bureau feels it can increase our city's
hotel tax occupancy revenues by marketing our hotel properties regionally, along with their other cities. They
have strong relationships with the state agencies and associations, so they can cooperatively market with them as
well.
Bay Area Houston Convention & Visitors Bureau has identified cruise passengers from Houston and Galveston as
one of our most important and key target audiences. They mentioned they already have some great programs
planned to attract this market to stay in our hotels. They plan to attend several cruise shows with the Port of
Houston. They also plan to play host to regional travel agents and tour operators that specialize in selling cruises.
These ventures will help La Porte tap into the cruise industry that we have pursued since the cruise line arrived.
Currently a majority of the cruise passengers are staying at hotels in Houston.
The fee for being a member of the Bay Area Houston Convention & Visitors Bureau is 15% of annual hotel/motel
tax collections. Currently La Porte collects approximately $250,000 annually. Based on this figure La Porte
would pay approximately $30,000 annually for a membership. This year Council approved a one-time increase of
$30,000 to the Chamber for the Sylvan Beach Festival-50th Anniversary. These funds, which are budgeted in the
Hotel/Motel budget, could be budgeted each year to cover the cost to be a member of Bay Area Houston
Convention & Visitors Bureau. If the Council chooses to become a member it is our option to pay on a quarterly
basis, approximately $9,575/quarter. Each member city appoints 3 representatives to their Board of Directors
which meets bi-monthly to determine the policy of the organization. A marketing committee made up of
representatives from each member city and regional industry partners (attractions, accommodations, events,
restaurants) meets bi-monthly to assist the board in determining the marketing goals of the organization.
Enclosed for your review is a listing of Bay Area Houston's Convention & Visitors Bureau program listing.
Membership with this organization could reduce the amount spent on advertisements with various organizations.
Several advertisements the City has spent funds would be complimentary or reduced if La Porte became a
member of this organization.
Action Reauired bv Council:
Receive report from Bay Area Houston Convention & Visitors Bureau.
&Jfi ~c.
I rate
EXECUTIVE SUMMARY
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The Bay Area Houston Convention & Visitors Bureau (CVB) is the destination marketing/
management organization for the region surrounding Clear Lake and Galveston Bay.
Launched in 2001, this 501 (c) (3) non-profit organization seeks to actively increase
awareness of the region as a premier destination for overnight leisure, meetings, and
business visitation. We strive to fulfill this strategic mission via the following objectives:
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. Increasing occupancy, revenues, and visitation in area hotels, restaurants,
meeting facilities, and attractions
. Providing superior services to all customers
· Enhancing the cultural, recreational, and economic environment and activities
of the Bay Area Houston community
. Stimulating the creation of more tourism-related jobs
. Promoting a defined image of the Bay Area Houston region as the premier
destination of the Texas Gulf Coast
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The Bay Area Houston CVB organization is funded via a portion of hotel occupancy tax
(HOT) revenues from six member cities: Houston, Kemah, League City, Nassau Bay,
Seabrook, and Webster. Each member city appoints three representatives to the Board
of Directors, which meets bi-monthly to determine the policy of the organization. A
marketing committee, made up of representatives from each member city and regional
industry partners (including attractions, accommodations, events, restaurants, etc.),
meets bi-monthly to assist the board in determining the marketing goals of the CVB. An
Executive Director, Marketing Coordinator, Visitor Sales/Services Coordinator, and part-
time interns staff the office and regional Visitors Center. Collectively, this team works
to implement policy set forth by the Board of Directors and the marketing committee, as
well as to provide quality customer service to regional visitors.
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The Bay Area Houston CVB is located at the southwest corner of 1-45 and
NASA Parkway in the City of Webster. For more information, click on www.
VisitBay AreaHouston.com.
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BAY AREA MOUSTON
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CONVENTION & VISITORS BUREAU
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FUNDING REQUEST
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Each member city within the Bay Area Houston CVB contributes 15% of its local HOT
revenues to fund the CVB's regional marketing initiatives. Based on city contributions,
we anticipate our 2006 budget to equal $368,020. Additional income from cooperative
marketing initiatives and sales at our Visitors Center will increase the budget by $39,466,
bringing our total estimated 2006 budget to $407,486.
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Based on this established contribution level, the Bay Area Houston CVB requests that the
City of La Porte allocate 15% of its local HOT revenues to finance a one-year member-
ship in our organization. Through membership in the Bay Area Houston CVB, the City
of La Porte can leverage its destination marketing dollars and actually increase its overall
HOT revenues.
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BAY AREA HOUSTON
CONVENTION. VISITORS BUREAU
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SCOPE OF SERVICES
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The Bay Area Houston CVB implements a variety of marketing programs that would
have a direct and positive affect upon the City of La Porte:
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REGIONAL VISITORS GUIDE
The Bay Area Houston CVB has four pages of editorial space in each issue of the
Houston/Bay Area Houston/Galveston guide, which is produced by the Greater Houston
CVB. A total of 150,000 copies are produced each quarter and distributed as follows:
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· State of Texas travel entry points
· City visitor centers in drive-in markets
· Houston airports
· Houston Visitors Center
· All Houston-based conventions
· Accommodations, attractions, and shopping malls throughout the greater
Houston area
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The cover of the guide lists each participating city. Inside copy includes welcome letters
from the mayors of each city. This would include a letter from Mayor Porter, should the
City of La Porte join the Bay Area Houston CVB. In addition, we utilize our designated
four pages to list all regional hotels, as well as the dates of all public events taking place in
our area within that quarter. The City of La Porte's hotels and events would be included
in this "regional round-up."
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BAY AREA HOUSTON
CONVENTION. VISITORS BUREAU
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SCOPE OF SERVICES
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BAY AREA HOUSTON VISITORS MAP & GUIDE
This collateral piece provides visitors with accurate and user-friendly information about
our region, including attractions, accommodations, and events. It is distributed as
follows:
· State of Texas travel entry points
· City visitor centers in drive-in markets
· Houston airports
· Houston Visitors Center
· Bay Area Houston Visitors Center
· Texas AAA offices
· Accommodations, attractions, and shopping malls throughout the greater
Houston area
· Bay Area Houston hotels/other accommodations
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The City of La Porte's attractions, accommodations (including facility amenity
descriptions), and events would be included in this guide, along with direct phone number
and Web site listings for people to use to gather additional information. We expect to
reprint 100,000 copies of the map for distribution in the new fiscal year.
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BAY AREA HOUSTON
CONVENTION. VISITOIlS BUIlEAU
SCOPE OF SERVICES
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BAY AREA HOUSTON CVB WEB SITE (www.visitBayAreaHouston.com)
Our Web site gives potential visitors a strong overview of our region. It provides links
to all establishments for each member city in the areas of shopping, dining, attractions,
recreation, lodging (including online reservations), events, and more. Plus we include a
5-day weather forecast for each of our member cities, as well as opportunities to request
further information.
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ADVERTISING
The Bay Area Houston CVB has a budget of more than $101,000 to advertise in
publications read by potential visitors, including Texas Monthly, Texas Highways,
Houston Chronicle, Gannett Louisiana publications, and more. We also partner with
the Greater Houston CVB and other Texas visitor destinations in securing cooperative
full-color newspaper inserts distributed throughout Texas and neighboring states. Every
advertisement has an opportunity for visitors to request additional information about the
reglOn.
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As a partner city, La Porte would have the opportunity to leverage its marketing dollars
by taking advantage of cooperative advertising at reduced rates through the Bay Area
Houston CVB.
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4n_,__"
BAY AREA HOUSTON
fun. Close. Alfonlable.
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im'twww~~&l.....,!!'I
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BAY AREA HOUSTON
CONVENTION. VISITORS BUREAU
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SCOPE OF SERVICES
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TRADE SHOWS
We regularly participate in trade shows, conferences, and consumer travel shows to build
awareness of the Bay Area Houston region as a tourist and meeting destination. We
concentrate on a drive-in market that spans 350 miles around Houston and includes
Dallas/Ft. Worth, Austin, 1-35 corridor, and areas of Southern Louisiana. We leverage
our trade show participation by partnering with the Greater Houston CVB on some of
the bigger shows and sales blitzes, thereby reducing costs incurred. Participation in trade
shows and sales blitzes is also coordinated with our advertising and public relations
schedules to leverage or maximize our marketing dollars. Sometimes when we exhibit
at trade shows, there are opportunities to extend an invitation to our member cities
and attractions to co-exhibit with us, thereby giving them valuable exposure to show
attendees. Similar opportunities would be made available to the City of La Porte.
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FAMILIARIZATION (FAM) TOURS
A fam tour is an opportunity for qualified travel professionals to enjoy a complimentary
trip to our region to learn about what we have to offer to potential visitors. Each year,
the Bay Area Houston CVB hosts fam tours for tour operators, travel writers, and travel
group leaders. During these tours, we give participants an overview of the area, as well as
information on each member city's attractions, restaurants, events, and accommodations.
The City of La Porte would be a welcomed addition to the information we provide to
these key groups.
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Furthermore, to support our desire to tap into Houston's growing cruise market, we plan
to continue hosting fam tours specifically targeted to cruising industry professionals. Cur-
rently, Norwegian Cruise Lines operates out of the Port of Houston. By positively show-
casing our region to these key influencers, we hope to boost pre- and post-cruise visits to
our regIOn.
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BAY AREA HOUSTON
CONVENTION. VISITORS BUREAU
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SCOPE OF SERVICES
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MEETING PLANNER SITE VISITS
The Bay Area Houston CVB also hosts site visits for meeting planners who coordinate
activity in the following areas: corporate and board meetings, state association meetings,
military and family reunions, and weddings. When these meeting groups come to the
area, they nearly always have needs for off-site venues to satisfy dining, shopping, and/
or evening entertainment needs. During these site visits, delegates receive copies of our
Visitors Guide and Map. We also tap into our members to provide door prizes and
goodie-bag giveaway items. The City of La Porte would be included in information
presented to meeting planners during these visits.
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INDUSTRY ORGANIZATION MEMBERSHIPS! AFFILIATIONS
The Bay Area Houston CVB represents all of our member cities in local, regional, state,
and national travel organizations. These organizations include Texas Association of
CVBs, Texas Travel Industry Association, Texas Hotel-Motel Association, Destination
Marketing Association International (formerly International Association of CVBs),
American Bus Association, and National Tour Association. Each of these organizations
offers cooperative advertising, trade show, and conference opportunities that provide
more exposure to individual CVBs to leverage available marketing dollars.
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BAY AREA HOUSTON VISITORS CENTER
In partnership with the Greater Houston CVB, the Bay Area Houston CVB operates a
state-of-the-art Visitors Center on 1-45 at NASA Parkway in the City of Webster. We
offer detailed tourism information on all of our member cities, including lodging, dining,
shopping, recreation, attractions, and events.
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BAY AREA HOUSTON
CONVENTION. VISITORS BUREAU
KEY ACCOMPLISHMENTS
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Below are some of our key accomplishments during the last fiscal year:
INFORMATION REQUESTS
. Fulfilled more than 28,000 direct requests for visitor information
. Distributed more than 110,000 information packets through various outlets
. Referred nearly 2,000 specific leads to Bay Area Houston regional industry
partners
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COLLATERAL MATERIALS
. Produced 95,000 Bay Area Houston Visitors Maps
. Distributed 60,000 Houston Regional Visitors Guides
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GROUP OUTREACH
. Provided assistance to 125 meetings groups, which brought 16,000 delegates to
the region
. Meeting planner outreach efforts resulted in more than 6,000 direct bookings
. Hosted fam tours and site visits for key travel professionals, totaling more than
200 people representing the U.S. and 8 countries
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OTHER
. Upgraded Web site. Received more than 80,000 hits per month
. Promoted regional special events that resulted in 2,320 traceable room
bookings
. Visitors Center now operational seven days a week. A total of 2,744 Texas
visitors and 1,716 out-of-state visitors have signed the register.
,'-"'\
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BAY AREA HOUSTON
CONVENTION. VISITORS BUREAU
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LEADERSHIP
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BOARD OF DIRECTORS
The Bay Area Houston CVB is governed by a Board of Directors made up of
representatives from each of our member cities. The current board includes the
following:
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Richard Allen
Chairman
Space Center Houston
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Roy Green
Vice Chairman
South Shore Harbour Resort and
Conference Center
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Greg Collins
Treasurer, Marketing Committee Chair
Mayor, City of Kemah
Mike Giangrosso
Secretary
Hampton Inn - Seabrook
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Tim Anderson
Immediate Past Chairman
Kemah Boardwalk
Katie Benoit
Council Member, City of League City
Mark Denman
Council Member, City of Nassau Bay
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Steve Davis
Hilton HoustonlNASNClear Lake
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Leticia Garza
TownePlace Suites by Marriott
Betsy Giusto
City of Webster
Tad Nelson
Council Member, City of League City
Paul Patel
La Quinta Suites Webster
Mary Proudy
City of Kemah
Robin Riley
Mayor, City of Seabrook
Donna Rogers
Mayor, City of Webster
J on Roy
Brentwood Hotel
Jordy Tollett
Greater Houston Convention & Visitors
Bureau
Dee Wright
Council Member, City of Seabrook
BAY AREA HOUSTON
CONVENTION. VISITORS BUREAU
LEADERSHIP
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EXECUTIVE DIRECTOR
Pam Summers has served as the Executive Director of the Bay Area Houston CVB
since its inception in 2001. She played an integral role in the development of the
CVB's marketing and business plan, corporate policies and procedures, accounting
processes, and staffing. She negotiated contracts with six municipalities to generate
operational funding for the CVB. Summers also developed an image campaign to
broaden regional awareness. This campaign, coupled with cooperative marketing
initiatives, helped to increase local HOT revenues in the six municipalities, which
resulted in a $150,000 increase to the annual budget.
Summers has been involved in the travel/tourism industry for more than 13 years.
Prior to joining the Bay Area Houston CVB, she served as Executive Director for
the Granbury CVB in Granbury, Texas from 1997-2001. Under her supervision, she
helped to increase local HOT receipts by more than 13% each year and garnered more
than $1.2 million in publicity coverage for the region. Summers' accomplishments in
special events and marketing garnered the CVB more than 10 awards from the Texas
Association of CVBs, Texas Festivals and Events Association, and the International
Festivals and Events Association.
Summers began her career in the travel and hospitality field in 1992 at the Greater
Houston CVB as the Administrative Aide to the President. Throughout her five-year
stint, she was promoted to other positions, including Tourism and Special Project
Manager/Director of Special Projects and Director of Public Affairs. Among her many
accomplishments, she is best remembered for recruiting more than 600 individuals
for the CVB's volunteer program, managing successful promotions with Southwest
Airlines and Continental Airlines, and helping to convince major cruise lines to
consider establishing a cruise terminal at the Port of Houston.
-
OTHER
The remaining CVB operations staff includes a marketing coordinator, visitor sales
and services coordinator, and part-time interns, who all answer to the Executive
Director. Collectively, this team works to implement policy set forth by the Board of
Directors and the marketing committee, as well as to provide quality customer service
to regional visitors.
.-
-
-
-
-
-
BAY AREA HOUSTON
CONVENTION. VISITORS BUREAU
c
EMERGENCY PAY DISCUSSION ITEMS
RESPONSE TO CITY COUNCIL QUESTIONS
1-30-06
1. Allison Reimbursement 2001: Finance Cover Letter
2. Discrepancy Page 17 & 18
3. Timeline HR Policies & Revisions
4. Compensation Procedure Page 19 Procedure also Ref in #7
5. List Salaries Total
6. Page 19 "subject to section I"
7. Compensatory Time Reduction Procedure
8. Cost Total by event % Personnel
9. Page 16 lead in clarification on declaration issue
10. Attorney's Opinion Paid Leave November 23,2005
11. Laws
a) Texas Statutory Declarations 418, 433
b) FEMA Advisory #1
c) City of La Porte Charter, excerpts
d) Chapter 22
12. Final Staff Recommendation Emergency Pay Policy dated 1-30-06
We will receive City Council input and direction.
City of La Porte
Established 1892
To: Cynthia Alexander, Assistant City Manager
From: Le Ann Miculka, Accountant \f<'V
Cc: Michael Dolby, Assistant Director of Finance
Date: 1/24/2006.
Re: FEMA Reimbursement for Allison Expenses
Total requested from FEMA for Allison related costs was $212,824.94 and total received
was $164,875.21 or 77%.
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
\.,
f
.J
"
i
MEMORANDUM FOR THE RECORD
FEMA-1379-0R- TX
SUBJECT: ' Completed Disaster Related Survey's
, .
FTPS 20J - 41440 .00
Applicant Name: <:::.Iry of LA F~ 0
At the ~J:Tle of completion of field inspections, all .damages haye been
surveyed in. all categories of work with any exceptions listed below.
,Examples of exceptions would- be sites under water, or' Category A or a
recarj{s for c'ompleted work b~ing' compiled. An exception, date of re-survey,
or receIpt of records should "b'eobtainl?d. This 'statement does, not preclude
the applicant from requestinq another inspection 'within sixty days otthe date
of the_ initial surveyor kick:-aff:meetinq if additional damaqe is found. .
- - -
Wh~n survey is completed,' note on line next to Category by' ch~ck mark,
O.K.:, c6~pleted, etc. If- there is no damage in-'a cateQ6I)' or if there is n9
r~qiJest to_'$urvey a category,-mark ''110 damage" or'~N/A" this document.ls
to ,b~ s~g~ed by the applicanfs authofi2;ed, repres'entativ~ (or deSigl1ee)- as
shown on the RPA. A 90PY is to be left with the applicalit and the original" is
to be turned in to the: data enfIy section with the last PW~
,.
1
"
Completed Cateqories:
....~ !:
'-ecite-~6i'Y A:;"U~b.rt$-~Gt~~tance --, ; "-','. ':,,~,~r7,9, .3>$" t5p._'" '.. .' ,. .:" . ,,'
. Category J?: Prote<:tive Measures -$'.30 '. '.4~e. St7,
Cat~gorY C: 'Road Systems No/A'
, . Category 0: Wa~r ~ontrol Faciliti~ N /A . ,
C~tegory E: Building & Contents . ' t--J:/A,
category F: Public Utility System ....J/A
Category G: 'Other (RecreationaJ) ,~t--J / A
Pulilic Assistance Coordinato.r: ~IA<:: Dat<>:. e. /1>0 /01
Staf.eAPPficantUaison~4f~ate: y- !r1 ~ vi .
The".applicant acknowledg~s that all structural damages- have been surveyed.
AppliCant understands and will.. comply, with the, provisions ot the Clean
Wa.{er Act, Fish &: ~JdIife Coordinati9n Act, Endangered. Species' Ac~
National Historic Pre$~rVation Act, & other NEPA (NatIqnar snvlronmentaJ .
Policy Act), related F~deraJ ~tatutes & associated state, tribal & local laws,
. codes, ordinances &:.-other sta s . Applicant will use the b~t management
practices during cO!1struction o. nim- env' onmentaJ im~acts. ~
Applicant Repre.~entative Dat~ ~U/
:::::?
~: .
.:;
~:.
.-;
FEb!=RAL ElvIER~ENCY MANAGEMENT AGENCY
PROJECT WORKSHEET.
O.M.B. No. 3067-0151
Expires April 30, 2001
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 30 minutes. The burden estimate includes the time for reviewing
instructioDS, searching existing data sources, gathering and maintaining the needed data, and completing and submitting the forms.
You are not required to respond to this collection of information unless a valid OMB control number is displayed in the upper right
comer of the forms. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the 1;>urden to:
Information Collections Mailagement, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472,
Paperwork Reduction Project (3067-0151). NOTE: Do not send your completed form to this address.
DECLARATION NO. PROJECT NO. FIPS NO. DATE
LP - 01 201-41440-00 8-29-01
GATE GORY
A
DAMAGED FACILITY
City Wide
WORK COMPLETE AS OF:
APPLICANT
City of La Porte
LOCATION
604 West Fairmont Parkway
DAMAGE DESCRIPTION AND DIMENSIONS
As a result of heavy rainfall and subsequent flooding caused by Tropical Storm Allison, numerous homes and businesses
"received flood oamage. In addition, a substantial amount of accumulated flood debris was deposited onto roadways and
right of ways throughout the City. Residents and businesses removed flood related damaged and personal property and
placed on sidewalk and roadways for pickup. .
COUNTY
Harris
100
%
LATITUDE
LONGITUDE
SCOPE OF WORK
Debris Removal Consisting of the Following: Removal and haul-out of flood related damaged and personal property to
eliminate the public health threat caused by the debris. Eliminate the immediate and future threat of damage to improved
.public and private property. Remove and haul-out flood debris that was blocking public streets and right-of-ways.
Removed and Disposed Flood Related Debris approximate quantities of 10,332 CY.
Note: No Hazardous Material/debris that was removed and disposed, per to t~e applicant.
Other Documents, receipts, timesheets and payroll sheets for labor has examined the applicant's records and has found
'them to be accurate. They are on file with the applicant.
poes the Scope of Work change the pre-disaster conditions at the site'] "0 Yes I8J No
Special Considerations issues included? [2J Yes 0 No Hazard Mitigation proposal included? 0 Yes
I:; there insurance coverage on this facility? 0 Yes [2J No
PROJECT COST
[2J No
"ITEM
CODE NARRA nvE QUANTITYIUNIT UNIT PRICE COST
0000 Work Completed
9999 Contract (Waste COrporation of America) 1/ LS $ 39,155.37 $ 39,155.37
9999 Contract (Waste Management cOrporation) 1/ LS $ 310.75 $310.75
9007 labor Overtime 1/ LS $ 63,181.80 $ 63,181.80
9008 Equipment 1/ LS $ 76,738.05 $ 76,738.05
TOTAL COST . $ 179,385.97
FEMA Form 90-91, SEP 98
REPLACES ALL PREViOUS EDITioNs.
~ ~vP\
~~\~
FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. No. 3067-0151
PROJECT WORKSHEET Expires April 30, 2001
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 30 minutes. The burden estimate includes the time for reviewing
instructions, searching existing data sources, gathering arid maintafuing the needed data, and completing ~d submitting the forms.
You are not required to respond to this collection of information unless a valid OMB control number is displayed in the upper right
comer of the forms. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing fue burden to:
Informanon Collections Management, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472,
Paperwork Reduction Project (3067-0151). NOTE: Do not send your completed form to this address.
DECLARATION NO. PROJECT NO. FIPS NO. DATE CATEGORY
.FEMA-\1379IDR- In< I LP-02 201-41440-00 8-16-01 B
pAMAGED FACILITY WORK COMPLETE AS OF:
City Wide T 8-15-01 I: 100 1%
. APPLICANT . COUNTY
City of La Porte Harris
LOCATION LATITUDE LONGITUDE
604 West Fairmont Parkway
DAMAGE DESCRIPTION AND DIMENSIONS
As a result of flooding caused by Tropical Storm Allison, the City of La Porte provided emergency protective measures to
effectively reduce and/or eliminate ~m immediate threat of life, property and the public health and welfare of the City and
to those lives and properties within close proximity to the City of South Houston. These emergency protective measures
Occurred during and after the heavy rainfall. and flood event of June 4-17,2001.
,
}>COPE OF WORK "
Emergency Protective Measures providedAlvorked by City of La Pqrte personnel for ,the following reasons:
a.. Search and R~scue Operation, b. Applied Vector or Mosquito Gontrol, c.Secl,.lred and salvaged some materials
'and files stored caught by floodwaters, d. Emergency Medical Care, e.SeClirity Measures in the Disaster area (including
pumped out water and barricading of flooded roadways).
,The P.O. ha.s examined the applicant's records and has found them to be accurate. They are on file with the applicant.
_.. .-.. . ..-. . .' - . . " , , ..' ,"". . - ,
.-' .-.,.". . -
.. . ..
0' . '. ~.. ' -
.:;.-~.'?~-::!...:=;=-.,. .-..:; " . ~ '" . " :l":{:".. .: "" , \~ ~...,~: ~ "..;..-:: .-~' .:;:-.., .':..1:._- .. .~:-.:.?, ~":!' ' ,,", :.m'l.-~:~'..~ :~:. '::'-':- : ... z. '- _ ,. ,.
: . "-. - .,'- _ . . ou _
- - . ..n .'- ---~..-_.._----- ---- --- -- --- _._-~---_.... --- --. -- ,..._._.._.._._u...._
.-
Does the Scope ofW orlc change the pre-disaster conditiOns at the site? DYes ~ No
Special Considerations issues included? (g] Yes o No Hazard Mitigation proposal included? O.Yes 18I No
.Is there insurance coverage on this facility? O.Yes (g] No
, PROJECT COST
. .
'ITEM CODE I NARRATNE QUANTlTYiUNIT UNIT PRICE cost
0000 I Work ComD'eted
,---n 9007 Labor (Overtime). 1/ LS $ 15,395.00 $ 15,395.00
9008 Materials, 1/LS $12,846.50 >- $ 12,846.50
" 9009 EQuipments 1/ LS $ 5,197.47 $ 5,197.47
,
.,
.
'f-- ~. .:- .-. . . . - '_.; "0": :....... . -. . ~.' - .: '.," .. .. .... '. :'f<'":,: H,C: ' ." .. :' . . ..' . -;:~.,.. " . . ~. 0(
. . TOTAL COST . $ 33,438.97
;.:,... ..'. . , '. "- . . ~'... ~ .... . ~ :. .' . '" -,-'. : .' ". , ., . .':....,:...,.. ... '.' . ". .... . , ,. ., .', ;
PREPARED BY: Bener S. Pin/ac , I TITLE: PAIT AC
fEMA Form 90-91, SEP98
REPLACES ALL PREVIOUS EDITIONS.
.~~'q
. 4f ; \']~ttrt
PREPARED 12/16/2005, 14.31,44
PROGRAM GM360L
CITY OF LA PORTE
ACCOUNT ACTIVITY LISTING
PAGE 1
ACCOUNTING PERIOD 15/2001
------------------------------------------------------------------------------------------------------------------------------------
GROUP PO ACCTG ----TRANSACTION----
NBR NBR PER. CD DATE NUMBER
DESCRIPTION
DEBITS
CREDITS
CURRENT
BALANCE
------------------------------------------------------------------------------------------------------------------------------------
FUND 001 GENERAL
001-0000-409.01-00 INTERGOVERNMENTAL / PUBLIC SAFETY GRANTS
1183 13/01 AJ 12/05/01 111 HCOCNTF GRANT RECEIVABLE 1,498.15
AUGUST 2001
7135 12/01 TF 11/13/01 1231 M/T 001 0000 202 0801 30.51
7135 12/01 TF 11/13/01 1231 M/T 002 0000 408 0501 10.00
1135 12/01 TF 11/13/01 1237 M/T 001 0000 202 0801 38.76
7135 12/01 TF 11/13/01 1231 M/T 001 0000 202 0801 39.03
7135 12/01 TF 11/13/01 1237 M/T 001 0000 202 0801 36.91
7135 12/01 TF 11/13/01 1231 M/T 001 0000 202 0801 44.33
7135 12/01 TF 11/13/01 1231 M/T 001 0000 202 0801 72.61
1135 12/01 TF 11/13/01 1231 M/T 001 0000 202 0801 1. 50
7135 12/01 TF 11/13/01 1231 M/T 001 0000 202 0801 28.94
7135 12/01 TF 11/13/01 1237 M/T 001 0000 202 0801 29.24
1135 12/01 TF 11/13/01 1231 M/T 001 0000 202 0801 34.09
6987 12/01 AJ 09/30/01 1153 HARRIS COUNTY ORGANIZED 13,394.22
CRIME
1017 12/01 AJ 09/30/01 1111 UHP III SEPT 30, 2001 4,210.69 0.00
7017 12/01 AJ 09/30/01 1171 UHP III SEP1.' 30, 2001 1,625.53
7017 12/01 AJ 09/30/01 1171 UHP IVA SEPT 30, 2001 6,316.04 0.00 *
7017 12/01 AJ 09/30/01 1111 UHP IVB SEP1.' 30, 2001 6,316.04
7017 12/01 AJ 09/30/01 1111 UHP IVD SEPT 30, 2001 6,302.05
1011 12/01 AJ 09/30/01 1111 UHP IVE SEPT 30, 2001 6,256.76
7027 12/01 AJ 09/30/01 1180 FEMA: EMERGENCY WORK 26,082.40 (4f; rr IT'::;'
CATEGORY B
7027 12/01 AJ 09/30/01 1180 FEMA' DEBRIS REMOVAL 138,792.81
CATEGORY A teC}$/
7063 12/01 AJ 09/30/01 1204 RECORD GRANT RECEIVABLE 1,493.13
ijARRIS COUNTY NTF FY01
6535 12/01 CR 09/17/01 0138225 63433 C/MORGAN PT DARE 30.57 26'082-40*+
AR_ CARLA 0\11701 06
6535 12/01 CR 09/11/01 0138226 63434 LPIS.D DARE 11,000.00 138J792-81 +
AR CARLA 091701 06
6535 12/01 CR 09/17/01 0138227 63435 C7BAYTOWN HCOCNTN 18,418.71 0.0.2
AR CARLA 091701 06
6148 11/01 CR 08/24/01 0130237 9501 DRY SAND #63193 10.00 1641875-21 *
UB_FRANCE.!j 082401 11
6108 11/01 AJ. 08/23/01 n3 COPS FAST:JUNE 30, 2001 143,766.81
REQUEST #1
6108 11/01 AJ 08/23/01 913 UHP II FOR JUNE 30, 2001 5,655.49
6108 11/01 AJ 08/23/01 913 UHP III FOR JUNE 30, 2001 5,348.54
6108 11/01 AJ 08/23/01 913 UHP IVA FOR JUNE 30, 2001 7,272.36
6108 11/01 AJ \>8/23/01 913 UHF IVB FOR JUNE 30, 2001 7,272.36
6108 11/01 AJ 08/23/01 913 UHF IVC FOR JUNE 30, 2001 2,634.44
6108 11/01 AJ 08/23/01 913 UHP IVD FOR JUNE 30, 2001 8,008.69
6108 11/01 AJ 08/23/01 913 UHF IVD FOR JUNE 30, 2001 828.81
6108 11/01 AJ 08/23/01 913 UijF IVE FOR JUNE 30, 2001 8,008.69
6108 11/01 AJ 08/23/01 913 UHF IVE FOR JUNE 30, 2001 828.81
6092 11/01 CR 08/22/01 0129685 63227 C/MORG~ PT DARE 38.76
J>,R_CARLA 082201 06
5373 10/01 CR 07/11/01 0113723 62186 C/MQ~G~ PT D~RE 39.03
Emergency/Administrative Leave/General Provisions
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 f}aiG
administrative leave pursuant to this policy.
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.
Employee Responsibilities: 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.) had been or is approved.
Employee Safety: The City of La Porte recoanizes that emp/ovees have
personal and familv responsibilities that may conflict with the obliaation to fulfill
their iob requirements durina hazardous weather or state of local emerqencv.
When evacuation of personal residences is required. emp/ovees will be permitted
and expected to make 8ffanaements for their families like any other citizen.
includina the use of authorized shelters. Emp/ovees who are not able to return to
work due to omeraency conditions unavoidable or unsafe conditions related
to the emergency (for 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 impassable roadways. etc.) must contact their department
director or designated supervisor as soon as possible and utilize appropriate
leave time. .
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 "Emergencv Non-Essential" personnel. Allversonnel shall
be advised of their status as of January 1st each year. Individual emvloyee status may
change. as the needs of the City change during the civil emergency. or at the discretion of
the Department director.
uEmerllencv Non-Essential" - After a needs assessment is made. some emvlovees may
be temvorarilv dismissed trom work. concurrently or successively. as determined bv the
Employee Policies Handbook/Page 17
emergenCV need and the department or function and those will be designated as
"Emergency Non-Essential." Thev will be placed on emergencv Paid Administrative
Leave pursuant to this policy.
"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-lmpacURecovery) to perform duties directly related to the
emergency conditions, as determined by City.
'Post-Imvact/Recoverv AssiJ!ned" - Post-emergencv, all Citv emvlovees are considered
Post-Impact/Recovery Assigned emplovees. All Citv emplovees are to return to work
after the City Manager declares it is safe to do so. After the return to work, some
emplovees mav be further identified as "Essential Recovery," while others mav be
temporarilv excused trom work The Citv Manager and each department or function is
responsible for identifying those emplovees who are essential to the quick restoration of
critical services to the communitv. These emvlovees designated as "Essential Recoverv"
emplovees are required to work during veriods after the emergencv when other
emplovees mav be dismissed on [eet,le or furlOlif!h or on authorized leave.
Notwithstanding, an "Essential Recoverv" emplovee will be allowed reasonable
emergencv paid administrative leave to secure the emvlovee's home and familv and
attend to immediate versonal needs resulting from the emergencv.
EmerJ!encv Dutv AssiJ!nment: In the event of an emergenCV, the Citv Manager mav
assign emplovees to anv dutv to the extent that the City is not in violation of anv State or
Federal Law. This includes emvlovees 'of one department serving in an emergenCV
capacitv for anv other department 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 MG 40 hours. After the
J.6() 40 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) 1112times 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
Employee Policies Handbook/Page 18
OUTLINE EMERGENCY PAY PRESENTATION
OF VARIOUS POLICIES
1. July 29,2005 requested and received Emergency
Pay Policy from City of Vero Beach, Florida. They
had a policy in place because of Hurricane history
and were very familiar with FEMA reimbursement
requirements.
2. Friday, September 2,2005 D/F responds to request
from Chief Reff and officers to accommodate
weekend activities approving only the Comp accrual
provision. She approved because it met FEMA
reimbursable guidelines.
3. Friday, September 16,2005 Emergency Pay Policy
revisions made to Pay Policy while Jeff Suggs was
in a meeting with FEMA. The policy should
reference exempt and non-exempt status employees
Compensatory time.
4. Wednesday, September 21, 2005 Emergency pay
Policy final revisions were made and presented
to EOC members at EOC meeting to be used due
approaching Hurricane Rita which at that time was
projected to hit the Galveston coast area.
5. Monday, December 12, 2005 Emergency Pay Policy
for Rita and Katrina presented to City Council for
ratification.
6. Monday January 30, 2006 Final Emergency Pay
Policy recommendations to be made to City Council
for future emergencies.
(
CITY OF LA PORTE
POLICIES/PROCEDURES MANUAL
Date: September 2, 2005
Revised
Approved:
Subject:
Emergency Pay Policy
Responsible Agency:
VariOllS City Departments
Policy Obj ective:
To determine how and when special pay provisions
will be implemented in case of a declared
emergency.
City Manager's Office tlJJj91()J~~
See attached
Authority:
Policy:
Attached:
Emergency Pay Policy
(-
Comments:
c-
(
City of La Porte
Emergency Pay Policies
POLICY
When an emergency impacts City employees' work schedules and status during
emergency conditions and a "state of emergency" has been determined by the City
Manager, the City Manager may grant emergency administrative leave with pay and/or
compensatory time to employees in anticipation of, during, 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 Personnel Rules except for those sections concerning Safety and
Wages and Discipline.
SCOPE
1bis practice applies to all non-exempt and exempt employees, and includes civil service
personnel.
c-.
DECLARATION OF EM:ERGENCY
Notification of State of Emergency: When a state of emergency is imminent or has
been declared, the City Manager or the specified designee will notify all employees
through department directors or managers of such declaration.
EMERGENCY PERIODS
Developing
EMPLOYEE STATUS
Developing
COMPENSATION FOR HOURS WORKED DURING A DECLARED STATE OF
EMERGENCY - To Be Expanded
1. During declared status, at director/supervisor's approval employees may accrue
comp time up to 160 hours.
2. All other policies concerning remuneration shall comply with the City of La Porte
Personnel Rules and the Fair Labor Standard Act.
c-
(-
C~,
L--
l
"--.-,
City of La Porte
Interoffice Memorandum
To: All Departments
From:
John Joerns, Assistan
Date:
September 20, 2005
Subject:
Emergency Pay Policy
I
anager
The attached policy has been approved and should be included under "E"
(Emergency Pay Policy) in your yellow citywide Policy and Procedures manual.
Also, departments having departmental Policy and Procedure manuals, please
include these policies in that manual as well.
JJ Iml
(
CITY OF LA PORTE
POLICIESIPROCEDURES MANUAL
Date: September 2, 2005
Revised: September 16, 2005
Approved:
Subject:
Emergency Pay Policy
Responsible Agency:
VariOllS City Departments
Policy Objective:
To determine how and when special pay provisions
will be implemented in case of a declared
emergency.
Authority:
City Manager's Office
Policy:
Attached:
See attached
Emergency Pay Policy
c
Comments:
t--
(
City of La Porte
Emergency Pay Policies
POLICY
When an emergency impacts City employees' work schedules and status during
emergency conditions and a "state of emergency" has been determined by the City
Manager, the City Manager may grant emergency administrative leave with pay and/or
compensatory time to employees in anticipation of, during, 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 Personnel Rules except for those sections concerning Safety and
Wages and Discipline.
SCOPE
1ms practice applies to all non-exempt and exempt employees, and includes civil service
personnel.
co..
DECLARATION OF EMERGENCY
Notification of State of Emergency: When a state of emergency is imminent or has
been declared, the City Manager or the specified designee will notify all employees
through department directors or managers of such declaration.
EMERGENCY PERIODS
Developing
EMPLOYEE STATUS
Developing
COMPENSATION FOR HOURS WORKED DURING A DECLARED STATE OF
EMERGENCY - To Be Expanded
t---
1. During declared emergency status, at director/supervisor's approval exempt-status
employee(s) may accrue comp time up to 160 hours. After the 160 hours are
exhausted, the exempt-salary employee(s) base salary will be computed to arrive
at an hourly rate; then the City will pay the exempt-status employee(s) 1 ~ times
their hourly rate.
All other policies concerning remuneration shall comply with the City of La Porte-
Personnel Rules and the Fair Labor Standard Act.
2.
-.
(
c-
t-
City of La Porte
Interoffice Memorandum
To:
All Departments
From:
John Joerns, Assistant Ci
Date:
September 26, 2005
Subject:
Revised Emergency Pay Policy
The attached policy has been revised. approved and should be included under "E"
(Emergency Pay Policy) in your yellow citywide Policy and Procedures manual.
Also. departments having departmental Policy and Procedure manuals, please
include these policies in that manual as well.
JJ/m!
: ll.~: [)
(
CITY OF LA PORTE
POUCffiS~ROCEDURESMANUAL
Date: September 2, 2005
Revised: Se tember 21,2005
Subject:
Emergency Pay Policy
Responsible Agency:
Various City Departments
Policy Objective:
To. determine how and when special pay provisions
will be implemented in case of a declared
emergency.
Authority:
City Manager's Office
Policy:
Attached:
See attached
Emergency Pay Policy
C.
Comments:
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EMERGENCY PAY POLICIES
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POLICY
When an emergency impacts City employees' work schedules and status during emergency
conditions and a "state of emergency" has been determined by 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.
EMERGENCY PERIODS
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Pre-Impact Period This is the time period prior to the impending disaster and includes
eniergency response activities and preventive measures by the City of La Porte's departments ill
preparing for the impending emergency. This period begins when the City Emergency
Operations Center or the City Manager declares an emergency is imminent.
Emergencv 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 ImpactJRecovery 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
wheri the City Manager declares the period is over.
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No one is excused from work until the City Manager, through the department directors,
~uthorizes employees to leave, even if a public announcement of office closures or suspension of
services is issuecl Employees must return to work as soon as an emergency is over to participate
in the Post ImpactJRecovery Period. Employees dismissed from work during an emergency will
be on emergency paid "admini&'trative 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
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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 job requirements during hazardous weather or
state of local emergency. When evacuation of personal residences is required, employees will be
permitted 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 (for inst~ce, they have evacuated the area and are unable to return, or they are unable
to leave their residenc;:e to return to work at City facilities due to impassable roadways, etc.) must
contact their deparbnent director or designated supervisor as soon as possible and utilize
appropriate leave time.
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 personnel shall be advised of their
status as of January 1st each year. Individual employee status may change, as the needs of the
City change during the civil emergency, or at the discretion of the Department director.
co.
"Emergency Non-Essential" - After a needs assessment is made, some employees 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 policy.
"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-ImpactJRecovery) to perform duties directly related to the emergency
conditions, as determined by City.
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"Post-Impact/Recovery Assigned" - Post-emergency, all City employees are considered Post-
ImpactlRecovery Assigned employees. All City employees 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 department or function is responsible for identifying those employees
who are essential to the quick restoration of critical services to the community. These employees
designated as "Essential Recovery" employees are required to work 4uring periods after the2emergency 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.
Emergency 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 Federal Law.
This includes employees of one department serving in an emergency capacity for any other
department 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 ct;Jmputed 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.
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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 Act.
7.
At the director's discretion, previously approved leave, vacation etc., may be
cancelled when a state of emergency is imminent or declared.
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/--l
Pre-Impact Period-
~.~
Post Impact/Recovery Perio<.- .
SUMMARY OF
EMERGENCY
PAY PROVISIONS
This .is th~ time period prior to the
impending disaster; This period
includes emergency response
preparation activities and preventive
measures by the City of La Porte
departments in preparing for the
impending emergency.
Starts -County activates EOC or the
City Manager declares an emergency
is imminent
Ends -City Closes for business
For Persons Designated ,as Essential
1 Emergency 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.
Starts - City is closed for business
Ends.- City Manager declares all
clear
This the time period during which
activities are conducted to restore the
City's infrastructure and services to
pre-disaster conditions, and some
City services may be suspended.
Starts - City Manager declares all
clear
Ends -- As declared by Dept. Heads
in consultation with CM
How do you pay for each Regular Pay practices Non-Exempt-2x for all scheduled hours Non-Exempt-Regular Practices
Period? Up to 4 hours admin leave 1.5x for all ours outside schedule
Exempt-Ix for all hours 40+ Exempt-Ix for all hours 40+
How do you pay if on Continue to charge leave Continue to charge leave Continue to charge leave
Pre-approved leave?
How do you pay if on a No extra pay No extra pay No extra pay
regular day off?
When do you require the Must take paid leave Administrative Leave Must take paid leave
Employee to use leave? or L WOP if absent or L WOP if absent
For Persons Not Designated as Essential
How do you pay for each
Period if Employee works?
Regular Pay practices
Up to 4 hours' admin leave
How do you pay if on
Pre-approved leave?
Continue to charge leave
How do you pay if on a
Regular day off? .
No extra pay
When do you require the
Employee to use leave?
Must take paid leave
or L WOP if absent
Non-Exempt-2x for all scheduled hours
1.5x for all ours outside schedule
Exempt-Ix for all hours 40+
Continue to charge leave
No extra pay
Administrative leave
Non-Exempt-Regular Practices
Exempt-Ix for all hours 40+
Continue to charge leave
No extra pay
Must take paid leave
or L WOP if absent
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 employees' work schedules and status during
emergency conditions and a "state of emergency" has been determined by 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 departm'ent 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.
EmerQency Period This is the time period during which emergency
response activities and restoration of critical seNices 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/Recovery 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 emplovees have personal and familv responsibilities
that mav conflict with the obligation to fulfill their ;ob requirements during hazardous
weather or state of local emergency. When evacuation of personal residences is
required. emplovees will be permitted and expected to make arrangements for their
families like any other citizen. including the use of authorized shelters. Emplovees who
are not able to return to work due to emergencv conditions (for instance. they have
evacuated the area and are unable to return. or thev are unable to leave their residence
to return to work at CiN facilities due to impassable roadwavs. etc.) must contact their
department director or designated supervisor as soon as possible and utilize appropriate
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
"Emergencv Essential" and "Emergency Non-Essential" personnel. All personnel shall
be advised of their status as of January 1st each year. Individual employee status may
change. as the needs of the City change during the civil emergency. or at the discretion of
the Department director.
"Emereencv Non-Essential" - After a needs assessment is made, some employees may
betemporarilv dismissed from work. concurrentlv or successively. as determined by the
emergency need and the department or function and those will be designated as
"Emergencv Non-Essential." Thev will be placed on emergency Paid Administrative
Leave pursuant to this policy.
"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-Imoact/Recoverv AssiIlned" - Post-emergencY, all City employees are considered
Post-Impact/Recovery Assigned employees. All City employees 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 Recoverv," while others may be
temporarily excused from work The City Manager and each department or function is
responsible for identifying those employees who are essential to the quick restoration of
critical services to the communitv. These emplovees designated as "Essential Recovery"
einplovees are required to work during periods after the emergency when other
employees may be dismissed on leave or furlough Notwithstandinf!, an "Essential
Recoverv" 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.
EmerJ!encv Dutv AssiJ!nment: 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 1 B
Federal Law. This includes emplovees of one department serving in an emergencv
capacity for anv other department 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 c:(:mbjert IQ..sectlon"1i) 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 HandbookJPage 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 - Emeraencv Period - Post ImpacVRecoverv 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-1x for all hours 40+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
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 PIR
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 Handbook/Page 21
emerf[encv need and the department or function and those will be desirmated as
"Emergency Non-Essential." Thev will be placed on emergency Paid Administrative
Leave pursuant to this policy.
"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/Recoverv AssiJ!ned" - Post-emerf[encv. all City employees are considered
Post-Imvact/Recovery Assigned employees. All City employees are to return to work
after the City Manaf[er 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 department or function is
responsible for identifying those employees who are essential to the quick restoration of
critical services to the community. These emplowes designated as "Essential Recovery"
employees are required to work during periods after the emerf[encv when other
employees may be dismissed an lca'lC er furleuf!h or on authorized leave.
Notwithstanding. an "Essential Recovery" employee will be allowed reasonable
emergency paid administrative leave to secure the emplovee's home and family and
attend to immediate personal needs resulting from the emergency.
Emergencv Dutv AssiJ!nment: In the event of an emerf[encv. the City Manaf[er may
assign employees to any duty to the extent that the City is not in violation of any State or
Federal Law. This includes employees of one department serving in an emergency
capacity for any other department or fUnction as assimed.
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 f6G 40 hours. After the
.J.6() 40 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) 11/2times 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
Employee Policies Handbook/Page 18
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 (subjeet to seetioB 1) be paid at a rate of two times (2x) base straight pay
for normally scheduled hours and one and one half timcs (l.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 ImpactJRecovery 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 ImpactJRecovery 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 discretiouary 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 Employee Policies Handbook and the Fair Labor
Standard Act.
7. At the director's discretion, previously approved leave, vacation etc, may be
cancelled when a state of emergency is imminent or declared.
Employee Policies Handbook/Page 19
CITY OF LA PORTE
HURRICANE EXPENSES
WAGES AND BENEFITS ONL Y
RITA
RITADR
KATRINA
FY2005 272,747.70
FY2005 26,302.83
FY2005 TOTAL
FY2006 119,330.35
FY2006 456.28
FY2006 51.09 **
FY2006 TOTAL
RITA
KATRINA
299,050.53
119,837.72
GRAND TOTAL 418,888.25
TOTAL RITA WAGES 392,534.33
TOTAL KATRINA WAGES 26,353.92
418,888.25
** Katrina wages on split payroll of 10/14/05
Camp Time
Rita
Katrina
Over 160 hours paid
32,630.37
21,411.20
7,323.08
61,364.65
Grand Totals
Rita
Katrina
Over 160 hours paid
425,164.70
47,765.12
7,323.08
480,252.90
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 (subjeet to seetion 1) be paid at a rate of two times (2x) base straight pay
for normally scheduled hours and one and onc half times (l.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 ImpactJRecovery 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 Employee Policies Handbook and the Fair Labor
Standard Act.
7. At the director's discretion, previously approved leave, vacation etc, may be
cancelled when a state of emergency is imminent or declared.
Employee Policies Handbook/Page 19
COMPENSATORY TIME REDUCTION
PROCEDURE
When there is a declared emergency the maximum
amount of compensatory time permitted to be
accumulated by all exempt status employees will be 40
hours. The previous declared amount was 160 hours is
no longer true.
If a person earns in excess of 40 hours of Compensatory
Time they will be paid Overtime at the rate of 1 ~ time
their base hourly rate for all hours
City of La Porte
Breakdown of Expenditures for
Hurricane Rita and Katrina
Rita Katrina Total
Breakdown of Supplies
and Materials:
Supplies 2,302.98 8,475.80 10,778.78
Services & Charges 27,037.37 9,856.81 36,894.18
Capital Outlay - - -
Breakdown of
Personnel Services:
Regular Salaries 104,954.40 9,027.69 113,982.09
Overtime 287,579.93 17,326.23 304,906.16
Breakdown of
Camp Time:
Camp Time 27,083.64 17,771.58 44,855.22
FICA 2,071.90 1,359.53 3,431.43
TMRS 3,474.83 2,280.09 5,754.92
Breakdown of
Camp Time Over
160 Hours that was
Paid:
Camp Time Paid 6,078.25
FICA 464.99
TMRS 779.84
Total for Personnel Services 425,164.70 47,765.12 480,252.90
(including camp time)
Grand Total 454,505.05 66,097.73 527,925.86
Percent of Personnel Servo ~94% ~72%
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12. EMERGENCY PAY POLICIES
POLICY
When an emergencvimvacts Citv emplovees' work schedules and status durinf!
emergencv conditions and a "state of emergencv" has been determined declared bv the
Citv Alanagcr Mavor. the City Manager mav f!rant emerf!enCV administrative leave with
pav 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
section3 concerning Safety and '.^Jagee and Discipline. Employee Policies
Handbook that may be in conflict with this section.
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.
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.
Emergency 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/Recovery 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.
Employee Policies Handbook/Page 16
ASKINS & ARMSTRONG, P.C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
CLARK T. ASKINS
TELEPHONE 281471-1886
TELECOP1ER 281 471-2047
E-MAIL: kwaskins@aol.com
iohn-a@swbell.net
ctaskins@swbell.net
November 23, 2005
Hon. Mayor and City Council
City Hall, City of La Porte
La Porte, Texas
RE: Review of Emergency Pay Policy and payment to city employees before
evacuation required by Hurricane Rita
Dear Mayor and Council:
Our office was asked by City Cou ncil to render an opinion on the legality of
action taken by the City to grant employees two additional floating holidays or two days
paid leave, as part of implementation of emergency preparedness measures
immediately before Hurricane Rita. In conjunction with this request I have also been
asked to review the proposed Emergency Pay Policy promulgated by the city
administration for use during future emergencies, a copy of which is attached to this
letter.
Taking the second issue first, it is my opinion that the proposed Emergency Pay
Policy is a legally acceptable compensation policy. Under Texas Local Government
Code Chapter 101 municipal corporations are given general control and autonomy over
their finances. Accordingly, based on the case of Byrd vs. City of Dallas, 6 S.W.2d 738,
cities are viewed as enjoying control over the compensation and conditions of
employment of their employees.
The Emergency Pay Policy is based on similar guidelin.es used in other cities,
which like the City of La Porte, have found that under Federal Emergency Management
Administration (FEMA) guidelines for reimbursing governmental entities such policies
can aid in the processing and collecting of payments. In this connection FEMA does
reimburse governmental entities for qualifying, emergency related expenditures,
including salary and other compensation for employees, but requires the use of an
emergency pay policy to allow the agency to determine. eligibility for reimbursement.
Concerning the issue of granting employees either two additional floating
holidays or two days paid leave, I have not located any statutory or regulatory
prohibitions, including in the Local Government Code or the Finance Code. In
researching this issue I spoke with John Barnhill with the Harris County Attorney's
Office. Mr. Barnhill confirmed that Harris County Commissioner's Court voted to grant
county employees two additional floating holidays, for use during absences caused by
Hurricane Rita.
The only potential issue I have identified relates to the payment of city
employees of compensation -specifically for two paid days with leave- prior to the
performance of job tasks by the employees.
The Texas Constitution generally prohibits the application of public funds to
private individuals or corporations, without a demonstrable public. purpose or in
consideration of services or benefit received by the. governmental entity. Texas
Constitution Article III, ~52 states that "the Legislature shall have no power to authorize
any county, city, or town or other political corporation or subdivision of the State to lend
its credit or to grant public money or thing of value in aid of, or to any inoividual,
association or corporation...", while Article XI, ~3 states that "no county, city, or other
municipal corporation shall hereafter become a subscriber to the capital of any private
corporation or association, or make any appropriation or donation to the same, or in any
way loan its credit...".
An advance of salary is generally construed by courts as a loan, and thus seen
as a grant of public money to a private individual subject to the requirements of the
Constitution. That is, payment made before services are rendered by the employee can
be in violation of the constitution, if there is no legitimate public purpose supporting the
early distribution.
It is noteworthy that in Attorney General Opinion No. JC-0080, where it was held
that the decision of a commissioners court to pay employee salaries in advance was
potentially unconstitutional, the Attorney General did- not make a definitive ruling that
that the payment was illegal or void. Instead, the Attorney General concluded the
following: "nevertheless, it is for the commissioners court to determine whether, in a
particular situation, early payment of salaries serves a public purpose. The
commissioners court also must determine that the early payment is sufficiently
conditioned to ensure that the public purpose will be accomplished. The commissioners
court's determination may be subject to judicial review".
Given the forgoing ruling, it is my opinion that to the extent compensation was
advanced to city employees before the rendering of services by the employees there
was not a de facto constitutional violation. The implication of this particular Attorney
General opinion is that it would be up to an outside, third party litigant to allege a
constitutional violation and specifically to prove the lack of a legitimate public purpose
for the expenditures. Given the extraordinary circumstances presented by Hurricane
Rita it is more likely than not that the decision to make compensation available to city
employees prior to rendered services would, be accepted as a valid public purpose.
Thank you, and should you have any questions please do not hesitate to contact
me at my office.
Sincerely,
~y;~
Clark T. Askins
Assist. City Attorney
Cc: Debra Feazelle
Cc: John Joerns
Cc: Cynthia Alexander
Alexander. Cynthia
From: Suggs, Jeff
Sent: Thursday, January 05, 2006 5:36 PM
To: Feazelle, Debra; Joerns, John; Alexander, Cynthia; Swanagan, Robert
Subject: Codes and statutes
418.108
433.001
peuSfUJ94
Emergency Management (oOrdlnalor
(lty olla Porle, Texas
~..!!Zgsj@ci.1a-l2orte. tx. us
281-471-3607 office
281-639-9258 mobile
281-470-8523 fax
Page 1 of 1
GOVERNMENT CODE - CHAPTER 418
Page 1 of 26
GOVERNMENT CODE
CHAPTER 418. EMERGENCY MANAGEMENT
SUBCHAPTER A. GENERAL PROVISIONS
~ 418.001. SHORT TITLE. This chapter may be cited as
the Texas Disaster Act of 1975.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.002. PURPOSES. The purposes of this chapter are
to:
(1) reduce vulnerability of people and communities of
this state to damage, injury, and loss of life and property
resulting from natural or man-made catastrophes, riots, or hostile
military or paramilitary action;
(2) prepare for prompt and efficient rescue, care, and
treatment of persons victimized or threatened by disaster;
(3) provide a setting conducive to the rapid and
orderly restoration and rehabilitation of persons and property
affected by disasters;
(4) clarify and strengthen the roles of the governor,
state agencies, and local governments in prevention of, preparation
for, response to, and recovery from disasters;
(5) authorize and provide for cooperation in disaster
mitigation, preparedness, response, and recovery;
(6) authorize and provide for coordination of
activities relating to disaster mitigation, preparedness,
response, and recovery by agencies and officers of this state, and
similar state-local, interstate, federal-state, and foreign
activities in which the state and its political subdivisions may
participate;
(7) provide an emergency management system embodying
all aspects of predisaster preparedness and postdisaster response;
(8) assist in mitigation of disasters caused or
aggravated by inadequate planning for and regulation of public and
private facilities and land use; and
(9) provide the authority and mechanism to respond to
an energy emergency.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987. Amended
by Acts 1997, 75th Leg., ch. 992, ~ 1, eff. Sept. 1, 1997.
1 Ir- JI"'\AAr
GOVERNMENT CODE - CHAPTER 418
Page 2 of 26
~ 418.003. LIMITATIONS. This chapter does not:
(1) limit the governor's authority to apply for,
administer, or expend any grant, gift, or paYment in aid of disaster
mitigation, preparedness, response, or recovery;
(2) interfere with the course or conduct of
except that actions otherwise authorized by this
laws may be taken when necessary to forestall or
or existing danger to public health or safety;
(3) interfere with dissemination of news or comment on
public affairs, but any communications facility or organization,
including radio and television stations, wire services, and
newspapers, may be required to transmit or print public service
messages furnishing information or instructions in connection with
a disaster or potential disaster;
(4) affect the jurisdiction or responsibilities of
police forces, fire-fighting forces, units of the armed forces of
the United States, or of any of their personnel when on active duty,
but state, local, and interjurisdictional emergency management
plans shall place reliance on the forces available for performance
of functions related to disasters; or
(5) limit, modify, or abridge the authority of the
governor to proclaim martial law or exercise any other powers
vested in the governor under the constitution or laws of this state
independent of or in conjunction with any provisions of this
chapter.
dispute,
or other
imminent
a labor
chapter
mitigate
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987. Amended
by Acts 1997, 75th Leg., ch. 992, ~ 1, eff. Sept. 1, 1997.
~ 418.004. DEFINITIONS. In this chapter:
(1) "Disaster" means the occurrence or imminent threat
of widespread or severe damage, injury, or loss of life or property
resulting from any natural or man-made cause, including fire,
flood, earthquake, wind, storm, wave action, oil spill or other
water contamination, volcanic activity, epidemic, air
contamination, blight, drought, infestation, explosion, riot,
hostile military or paramilitary action, other public calamity
requiring emergency action, or energy emergency.
(2) "Division" means the division of emergency
management in the office of the governor.
(3) "Energy emergency" means a temporary statewide,
regional, or local shortage of petroleum, natural gas, or liquid
fuel energy supplies that makes emergency measures necessary to
reduce demand or allocate supply.
(4) "Interjurisdictiona1 agency" means a disaster
agency maintained by and serving more than one political
subdivision.
(5) "Organized volunteer group" means an organization
GOVERNMENT CODE - CHAPTER 418
Page 3 of 26
such as the American National Red Cross, the Salvation Army, the
Civil Air Patrol, the Radio Amateur Civil Emergency Services, a
volunteer fire department, a volunteer rescue squad, or other
similar organization recognized by federal or state statute,
regulation, or memorandum.
(6) "Political subdivision" means a county or
incorporated city.
(7) "Temporary housing" has the meaning assigned by
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, Pub. L. No. 93-288, as amended.
(8) "Joint board" means a board created under Section
22.074, Transportation Code, whose constituent agencies are
populous home-rule municipalities as defined by Section 22.071,
Transportation Code.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987. Amended
by Acts 1995, 74th Leg., ch. 497, ~ 1, eff. June 12, 1995; Acts
1997, 75th Leg., ch. 992, ~ 2, eff. Sept. 1, 1997; Acts 2003,
78th Leg., ch. 33, ~ 1, eff. May 14, 2003; Acts 2003, 78th Leg.,
ch. 72, ~ 1, eff. May 16, 2003.
SUBCHAPTER B. POWERS AND DUTIES OF GOVERNOR
~ 418.011. RESPONSIBILITY OF GOVERNOR. The governor is
responsible for meeting:
(1) the dangers to the state and people presented by
disasters; and
(2) disruptions to the state and people caused by
energy emergencies.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.012. EXECUTIVE ORDERS. Under this chapter, the
governor may issue executive orders, proclamations, and
regulations and amend or rescind them. Executive orders,
proclamations, and regulations have the force and effect of law.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.013. EMERGENCY MANAGEMENT COUNCIL. (a) The
governor by executive order may establish an emergency management
council to advise and assist the governor in all matters relating to
disaster mitigation, preparedness, response, and recovery.
(b) The emergency management council is composed of the
heads of state agencies, boards, and commissions and
representatives of organized volunteer groups.
GOVERNMENT CODE - CHAPTER 418
Page 4 of 26
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. I, 1987. Amended
by Acts 1997, 75th Leg., ch. 992, ~ 3, eff. Sept. I, 1997.
~ 418.014. DECLARATION OF STATE OF DISASTER. (a)
governor by executive order or proclamation may declare a
disaster if the governor finds a disaster has occurred or
occurrence or threat of disaster is imminent.
(b) Except as provided by Subsection (c), the state of
disaster continues until the governor:
(1) finds that:
(A) the threat or danger has passed; or
(B) the disaster has been dealt with to the
extent that emergency conditions no longer exist; and
(2) terminates the state of disaster by executive
The
state of
that the
order.
(c) A state of disaster may not continue for more than 30
days unless renewed by the governor. The legislature by law may
terminate a state of disaster at any time. On termination by the
legislature, the governor shall issue an executive order ending the
state of disaster.
(d) An executive order or proclamation issued under this
section must include:
(1) a description of the nature of the disaster;
(2) a designation of the area threatened; and
(3) a description of the conditions that have brought
the state of disaster about or made possible the termination of the
state of disaster.
(e) An executive order or proclamation shall be
disseminated promptly by means intended to bring its contents to
the attention of the general public. An order or proclamation shall
be filed promptly with the division of emergency management, the
secretary of state, and the county clerk or city secretary in each
area to which it applies unless the circumstances attendant on the
disaster prevent or impede the filing.
Acts 1987, 70th Leg., ch. 147, ~ I, eff. Sept. I, 1987.
~ 418.015. EFFECT OF DISASTER DECLARATION. (a) An
executive order or proclamation declaring a state of disaster:
(1) activates the disaster recovery and
rehabilitation aspects of the state emergency management plan
applicable to the area subject to the declaration; and
(2) authorizes the deployment and use of any forces to
which the plan applies and the use or distribution of any supplies,
equipment, and materials or facilities assembled, stockpiled, or
arranged to be made available under this chapter or other law
relating to disasters.
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GOVERNMENT CODE - CHAPTER 418
Page 5 of 26
(b) The preparedness and response aspects of the state
emergency management plan are activated as provided by that plan.
(c) During a state of disaster and the following recovery
period, the governor is the commander in chief of state agencies,
boards, and commissions having emergency responsibilities. To the
greatest extent possible, the governor shall delegate or assign
command authority by prior arrangement embodied in appropriate
executive orders or plans, but this chapter does not restrict the
governor's authority to do so by orders issued at the time of the
disaster.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.016. SUSPENSION OF PROCEDURAL LAWS AND RULES. The
governor may suspend the provisions of any regulatory statute
prescribing the procedures for conduct of state business or the
orders or rules of a state agency if strict compliance with the
provisions, orders, or rules would in any way prevent, hinder, or
delay necessary action in coping with a disaster.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.017. USE OF PUBLIC AND PRIVATE
RESOURCES. (a) The governor may use all available resources of
state government and of political subdivisions that are reasonably
necessary to cope with a disaster.
(b) The governor may temporarily reassign resources,
personnel, or functions of state executive departments and agencies
or their units for the purpose of performing or facilitating
emergency services.
(c) The governor may commandeer or use any private property
if the governor finds it necessary to cope with a disaster, subject
to the compensation requirements of this chapter.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.018. MOVEMENT OF PEOPLE. (a) The governor may
recommend the evacuation of all or part of the population from a
stricken or threatened area in the state if the governor considers
the action necessary for the preservation of life or other disaster
mitigation, response, or recovery.
(b) The governor may prescribe routes, modes of
transportation, and destinations in connection with an evacuation.
(c) The governor may control ingress and egress to and from
a disaster area and the movement of persons and the occupancy of
premises in the area.
~\T _ _1 n
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GOVERNMENT CODE - CHAPTER 418
Page 6 of 26
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.019. RESTRICTED SALE AND TRANSPORTATION OF
MATERIALS. The governor may suspend or limit the sale, dispensing,
or transportation of alcoholic beverages, firearms, explosives,
and combustibles.
Acts 1987, 70th Leg., ch. 147, ~. 1, eff. Sept. 1, 1987.
~ 418.020. TEMPORARY HOUSING. (a) The governor may
enter into purchase, lease, or other arrangements with an agency of
the United States for temporary housing units to be occupied by
disaster victims and may make units available to any political
subdivision.
(b) The governor may assist a political subdivision that is
the locus of temporary housing for disaster victims to acquire
sites necessary for temporary housing and to do all things required -
to prepare the sites to receive and use temporary housing units by:
(1) advancing or lending funds available to the
governor from any appropriation made by the legislature or from any
other source;
(2) allocating funds made available by a public or
private agency; or
(3) becoming a copartner with the political
subdivision for the execution and performance of any temporary
housing project for disaster victims.
(c) Under regulations prescribed by the governor, the
governor may temporarily suspend or modify for a period of not more
than 60 days any public health, safety, zoning, intrastate
transportation, or other law or regulation if by proclamation the
governor considers the suspension or modification essential to
provide temporary housing for disaster victims.
(d) Any political subdivision may temporarily or
permanently acquire by lease, purchase, or other means sites
required for installation of temporary housing units for disaster
victims and may enter into arrangements necessary to prepare or
equip the sites to use the housing units, including arrangements
for the purchase of temporary housing units and the payment of
transportation charges.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.021. FEDERAL AID FOR LOCAL GOVERNMENT. (a) On
the governor's determination that a local government of the state
has suffered or will suffer a substantial loss of tax and other
revenue from a major disaster and has demonstrated a need for
financial assistance to perform its governmental functions, the
~.L T':'~' __\r-.T TT
1 Ie 1'1f\f\~
GOVERNMENT CODE - CHAPTER 418
Page 7 of 26
governor may apply to the federal government on behalf of the local
government for a loan and may receive and disburse the proceeds of
an approved loan to the local government.
(b) The governor may determine the amount needed by a local
government to restore or resume its governmental functions and
certify that amount to the federal government. The amount sought
for the local government may not exceed 25 percent of the annual
operating budget of the local government for the fiscal year in
which the major disaster occurs.
(c) The governor may recommend to the federal government,
based on the governor's review, the cancellation of all or part of
repayment if in the first three full fiscal years following the
major disaster the revenues of the local government are
insufficient to meet its operating expenses, including additional
disaster-related expenses of a municipal operation character.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.022. AID FOR INDIVIDUALS. (a) On the governor's
determination that financial assistance is essential to meet
disaster-related necessary expenses or serious needs of
individuals or families adversely affected by a major disaster that
cannot be otherwise adequately met from other means of assistance,
the governor may accept a grant by the federal government to fund
the financial assistance, subject to the terms and conditions
imposed on the grant. The governor may agree with the federal
government or any officer or agency of the United States pledging
the state to participate in funding not more than 25 percent of the
financial assistance.
(b) The governor may make financial grants to meet
disaster-related necessary expenses or serious needs of
individuals or families adversely affected by a major disaster that
cannot otherwise adequately be met from other means of assistance.
The grants may not exceed an aggregate amount in excess of that
established by federal statute for an individual or family in any
single major disaster declared by the president of the United
States.
(c) The governor may designate in the state emergency
management plan the Department of Human Services or another state
agency to carry out the functions of providing financial aid to
individuals or families qualified for disaster relief. The
designated agency may employ temporary personnel for those
functions to be paid from funds appropriated to the agency, from
federal funds, or from the disaster contingency fund. The merit
system does not apply to the temporary positions. The governor may
allocate funds appropriated under this chapter to implement the
purposes of this chapter.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
GOVERNMENT CODE - CHAPTER 418
Page 8 of 26
~ 418.023. CLEARANCE OF DEBRIS. (a) Through the use of
any state agency or instrumentality, the governor, acting through
members of the Emergency Management Council, may clear or remove
debris or wreckage from public or private land or water if it
threatens public health or safety or public or private property in a
state of disaster declared by the governor or major disaster
declared by the president of the United States.
(b) The governor may accept funds from the federal
government and use the funds to make grants to a local government
for the purpose of removing debris or wreckage from public or
private land or water.
(c) Debris or wreckage may not be removed from public or
private property until the affected local government, corporation,
organization, or individual presents to the governor or member of
the Emergency Management Council an unconditional authorization
for removal. Debris or wreckage may not be removed from private
property until the state is indemnified against any claim arising
from removal. In instances where it is not practical and further
delay would create a greater risk to public health or safety, the
governor, acting through the Emergency Management Council, may
remove debris or wreckage from public .or private property without
an unconditional authorization or indemnification.
(d) If the governor provides for clearance of debris or
wreckage under this chapter, state employees or other individuals
acting by authority of the governor may enter on private land or
water to perform tasks necessary to the removal or clearance
operation. Except in cases of wilful misconduct, gross negligence,
or bad faith, a state employee or agent performing his duties while
complying with orders of the governor issued under this chapter is
not liable for the death of or injury to a person or for damage to
property.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987. Amended
by Acts 1997, 75th Leg., ch. 992, ~ 4, eff. Sept. 1, 1997.
~ 418.024. RULES. The governor may adopt rules
necessary for carrying out the purposes of this chapter, including
rules on:
(1) standards of eligibility for persons applying for
benefits;
(2) procedures for applying for benefits;
(3) procedures for the administration, investigation,
filing, and approval of applications for benefits;
(4) procedures for the formation of local or statewide
boards to pass on applications for benefits; and
(5) procedures for appeals of decisions relating to
applications for benefits.
GOVERNMENT CODE - CHAPTER 418
Page 9 of 26
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
SUBCHAPTER C. DIVISION OF EMERGENCY MANAGEMENT
~ 418.041. ORGANIZATION. (a) The division of
emergency management is a division of the office of the governor.
(b) The division is managed by a director appointed by the
governor. The director serves at the pleasure of the governor.
(c) The director shall appoint a state coordinator.
(d) The division shall employ other coordinating and
planning officers and other professional, technical, secretarial,
and clerical personnel necessary to the performance of its
functions.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.042. STATE EMERGENCY MANAGEMENT PLAN. (a) The
division shall prepare and keep current a comprehensive state
emergency management plan. The plan may include:
(1) provisions for prevention and minimization of
injury and damage caused by disaster;
(2) provisions for prompt and effective response to
disaster;
(3) provisions for emergency relief;
(4) provisions for energy emergencies;
(5) identification of areas particularly vulnerable
to disasters;
(6) recommendations for zoning, building
restrictions, and other land-use controls, safety measures for
securing mobile homes or other nonpermanent or semipermanent
structures, and other preventive and preparedness measures
designed to eliminate or reduce disasters or their impact;
(7) provisions for assistance to local officials in
designing local emergency management plans;
(8) authorization and procedures for the erection or
other construction of temporary works designed to protect against
or mitigate danger, damage, or loss from flood, fire, or other
disaster;
(9) preparation and distribution to the appropriate
state and local officials of state catalogs of federal, state, and
private assistance programs;
(10) organization of manpower and channels of
assistance;
(11) coordination of federal, state, and local
emerge?cy management activities;
(12) coordination of the state emergency management
GOVERNMENT CODE - CHAPTER 418
Page 10 of26
plan with the emergency management plans of the federal government;
(13) coordination of federal and state energy
emergency plans; and
(14) other necessary matters relating to disasters.
(b) In preparing and revising the state emergency
management plan, the division shall seek the advice and assistance
of local government, business, labor, industry, agriculture, civic
organizations, volunteer organizations, and community leaders.
(c) Allor part of the state emergency management plan may
be incorporated into regulations of the division or executive
orders that have the force and effect of law.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.043. OTHER POWERS AND DUTIES. The division shall:
(1) determine requirements of the state and its
political subdivisions for food, clothing, and other necessities in
event of a disaster;
(2) procure and position supplies, medicines,
materials, and equipment;
(3) adopt standards and requirements for local and
interjurisdictional emergency management plans;
(4) periodically review local and interjurisdictional
emergency management plans;
(5) coordinate deployment of mobile support units;
(6) establish and operate training programs and
programs of public information or assist political subdivisions and
emergency management agencies to establish and operate the
programs;
(7) make surveys of public and private industries,
resources, and facilities in the state that are necessary to carry
out the purposes of this chapter;
(8) plan and make arrangements for the availability
and use of any private facilities, services, and property and
provide for payment for use under terms and conditions agreed on if
the facilities are used and payment is necessary;
(9) establish a register of persons with types of
training and skills important in disaster mitigation,
preparedness, response, and recovery;
(10) establish a register of mobile and construction
equipment and temporary housing available for use in a disaster;
(11) prepare, for issuance by the governor, executive
orders and regulations necessary or appropriate in coping with
disasters;
(12) cooperate with the federal government and any
public or private agency or entity in achieving any purpose of this
chapter and in implementing programs for disaster mitigation,
preparation, response, and recovery; and
(13) do other things necessary, incidental, or
... ,,-,_",...,
GOVERNMENT CODE - CHAPTER 418
Page 11 of26
appropriate for the implementation of this chapter.
Acts 1987, 70th Leg., ch. 147, ~ I, eff. Sept. I, 1987. Amended
by Acts 1997, 75th Leg., ch. 992, ~ 5, eff. Sept. I, 1997.
~ 418.044. ASSISTANCE IN DEVELOPMENT OF LOCAL
PLANS. (a) The division shall take an integral part in the
development and revision of local and interjurisdictional
emergency management plans. For that purpose, the division shall
employ or otherwise secure the services of professional and
technical personnel capable of providing expert assistance to
political subdivisions and emergency management agencies. Those
personnel shall consult with the subdivisions and agencies on a
regularly scheduled basis and shall make field reviews of the
areas, circumstances, and conditions to which particular local and
interjurisdictional emergency management plans apply and may
suggest revisions.
(b) The division shall encourage local and
interjurisdictional agencies to seek advice from local government,
business, labor, industry, agriculture, civic organizations,
volunteer organizations, and community leaders.
Acts 1987, 70th Leg., ch. 147, ~ I, eff. Sept. I, 1987. Amended
by Acts 1997, 75th Leg., ch. 992, ~ 6, eff. Sept. I, 1997.
~ 418.045. TEMPORARY PERSONNEL. The division may
employ or contract with temporary personnel from funds appropriated
to the division, from federal funds, or from the disaster
contingency fund. The merit system does not apply to the temporary
or contract positions.
Acts 1987, 70th Leg., ch. 147, ~ I, eff. Sept. I, 1987. Amended
by Acts 1997, 75th Leg., ch. 992, ~ 7, eff. Sept. I, 1997.
~ 418.046. ASSISTANCE TO AVIATORS. (a) The division
may provide assistance to private aviators, including partial
reimbursement for funds expended, to meet the actual costs of
aircraft operation in performing search, rescue, or
disaster-related functions requested by the governor or the
governor's designee.
(b) Any reimbursement must be limited to the actual cost of
aircraft operation not reimbursable from other sources.
Acts 1987, 70th Leg., ch. 147, ~ I, eff. Sept. I, 1987.
~ 418.0461. ASSISTANCE TO CIVIL AIR PATROL. The
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GOVERNMENT CODE - CHAPTER 418
Page 120[26
division may provide financial assistance to the Civil Air Patrol,
Texas Wing, to support the wing's disaster-related activities that
assist the state and state agencies and the wing's training and
exercises associated with those activities.
Added by Acts 1995, 74th Leg., ch. 889, ~ 1, eff. Aug. 28, 1995.
~ 418.047. COMMUNICATIONS. (a) In cooperation with
other state agencies, the division shall ascertain what means exist
for rapid and efficient communication in times of disaster.
(b) The division shall consider the desirability of
supplementing the communication resources or integrating them into
a state or state-federal telecommunication or other communication
system or network.
(c) In studying the character and feasibility of any system
or its parts, the division shall evaluate the possibility of its
multipurpose use for general state and local governmental purposes.
(d) The division shall make recommendations to the governor
as appropriate.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.048. MONITORING WEATHER; SUSPENSION OF WEATHER
MODIFICATION. (a) The division shall keep continuously apprised
of weather conditions that present danger of climatic activity,
such as precipitation, severe enough to constitute a disaster.
(b) If the division determines that precipitation that may
result from weather modification operations, either by itself or in
conjunction with other precipitation or climatic conditions or
activity, would create or contribute to the severity of a disaster,
it shall request in the name of the governor that the officer or
agency empowered to issue permits for weather modification
operations suspend the issuance of permits. On the governor's
request, no permits may be issued until the division informs the
officer or agency that the danger has passed.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
SUBCHAPTER D. FINANCE
~ 418.071. STATE POLICY. It is the intent of the
legislature and the policy of the state that funds to meet disaster
emergencies always be available.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
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GOVERNMENT CODE - CHAPTER 418
Page 13 of26
~ 418.072. DISASTER EMERGENCY FUNDING BOARD. The
disaster emergency funding board is composed of:
(1) the governor;
(2) the lieutenant governor;
(3) the commissioner of insurance;
(4) the commissioner of the Department of Human
Services; and
(5) the director of the division.
Acts 1987, 70th Leg., ch. 147, ~ I, eff. Sept. I, 1987. Amended
by Acts 1997, 75th Leg., ch. 992, ~ 8, eff. Sept. I, 1997.
~ 418.073. DISASTER CONTINGENCY FUND. (a) The
disaster contingency fund consists of money appropriated to the
fund.
(b) If the governor finds that the demands placed on-funds
regularly appropriated to state and local agencies are unreasonably
great for coping with a particular disaster, the governor with the
concurrence of the disaster emergency funding board may make funds
available from the disaster contingency fund. It is the intent of
the legislature that first recourse be to the funds regularly
appropriated to state and local agencies.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.074. ACCEPTANCE AND ALLOCATION OF GIFTS AND
GRANTS. (a) If the federal government, another public or private
agency, or an individual offers to the state or through the state to
a political subdivision services, equipment, supplies, materials,
or funds as a gift, grant, or loan for purposes of emergency
services or disaster recovery, the governor (if required by the
donor) or the presiding officer of the governing body of the
political subdivision may accept the offer on behalf of the state or
political subdivision, as applicable.
(b) If a gift, grant, or loan is accepted by the state, the
governor, or the emergency management councilor state coordinator
if designated by the governor, may dispense the gift, grant, or loan
directly to accomplish the purpose for which it was made or may
allocate and transfer to a political subdivision services,
equipment, supplies, materials, or funds in the amount the governor
or the governor's designee may determine.
(c) Funds received by the state shall be placed in one or
more special funds and shall be disbursed by warrants issued by the
comptroller on order of the governor or the governor's designee.
The governor shall name the designee in a written agreement
accepting the funds or in a written authorization filed with the
secretary of state. On receipt of an order for disbursement, the
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GOVERNMENT CODE - CHAPTER 418
Page 14 of26
comptroller shall issue a warrant without delay.
(d) If the funds are to be used for purchase of equipment,
supplies, or commodities of any kind, it is not necessary that bids
be obtained or that the purchases be approved by any other agency.
(e) A political subdivision may accept and use all services,
equipment, supplies, materials, and funds to the full extent
authorized by the agreement under which they are received by the
state or political subdivision.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
SUBCHAPTER E. LOCAL AND INTERJURISDICTIONAL EMERGENCY MANAGEMENT
~ 418.101. ALL POLITICAL SUBDIVISIONS
SERVED. (a) Each political subdivision is within the
jurisdiction of and served by the division and by a local or
interjurisdictional agency responsible for disaster preparedness
and coordination of response.
(b) The presiding officer of the governing body of each
political subdivision shall notify the division of the manner in
which the political subdivision is providing or securing an
emergency management program, identify the person who heads the
agency responsible for the program, and furnish additional
pertinent information that the division requires. The person so
designated shall accomplish training prescribed by the division.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987. Amended
by Acts 1997, 75th Leg., ch. 992, ~ 9, eff. Sept. 1, 1997.
~ 418.102. COUNTY PROGRAMS. (a) Each county shall
maintain an emergency management program or participate in a local
or interjurisdictional emergency management program that, except
as otherwise provided by this chapter, has jurisdiction over and
serves the entire county or interjurisdictional area.
(b) The county program is the first channel through which a
municipal corporation or a joint board shall request assistance
when its resources are exceeded. Requests that exceed the county
capability shall be forwarded to the state as prescribed in the
state emergency management plan.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987. Amended
by Acts 1997, 75th Leg., ch. 992, ~ 10, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 33, ~ 2, eff. May 14, 2003.
~ 418.103.. MUNICIPAL PROGRAMS. (a) The governor shall
determine which municipal corporations need emergency management
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GOVERNMENT CODE - CHAPTER 418
Page 15 of26
programs of their own and shall recommend that they be established
and maintained. The governor shall make the determinations on the
basis of the municipality's disaster vulnerability and capability
of response related to population size and concentration.
(b) The emergency management program of a county must be
coordinated with the emergency management programs of
municipalities situated in the county but does not apply in a
municipality having its own emergency management program.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.104. INTERJURISDICTIONAL PROGRAMS. The governor
may recommend that a political subdivision establish and maintain a
program and form an interjurisdictional agency jointly with one or
more other political subdivisions if the governor finds that the
establishment and maintenance of a joint program or participation
in it is made necessary by circumstances or conditions that make it
unusually difficult to provide disaster mitigation, preparedness,
response, or recovery services under other provisions of this
chapter.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987. Amended
by Acts 1997, 75th Leg., ch. 992, ~ 10, eff. Sept. 1, 1997.
~ 418.105. LIAISON OFFICERS. (a) Each city that does
not have a program and has not made arrangements to secure or
participate in the services of an existing program shall designate
a liaison officer to facilitate the cooperation and protection of
the city in the work of disaster mitigation, preparedness,
response, and recovery.
(b) Each county shall provide an office and a liaison
officer to coordinate with state and federal emergency management
personnel concerning disaster mitigation, preparedness, response,
and recovery activities under other provisions of this chapter.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987. Amended
by Acts 1997, 75th Leg., ch. 992, ~ 10, eff. Sept. 1, 1997.
~ 418.106. LOCAL AND INTERJURISDICTIONAL EMERGENCY
MANAGEMENT PLANS. (a) Each local and interjurisdictional agency
shall prepare and keep current an emergency management plan for its
area providing for disaster mitigation, preparedness, response,
and recovery.
(b) The plan must provide for:
(1) wage, price, and rent controls and other economic
stabilization methods in the event of a disaster; and
(2) curfews, blockades, and limitations on utility use
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GOVERNMENT CODE - CHAPTER 418
Page 16 of26
in an area affected by a disaster, rules governing entrance to and
exit from the affected area, and other security measures.
(c) The local or interjurisdictional emergency management
agency shall prepare in written form and distribute to all
appropriate officials a clear and complete statement of the
disaster responsibilities of all local agencies and officials and
of the disaster channels of assistance.
(d) Each local or interjurisdictional agency shall conduct
at least one public meeting each calendar year to exchange
information about its emergency management plan. Each agency shall
provide written notice of the date, time, and location of the
meeting, not later than the fifth day before the meeting, to the
pipeline safety section of the gas services division of the
Railroad Commission of Texas.
(e) An emergency management plan of an agency is excepted
from the requirements of Subsection (d) if:
(1) the emergency management plan contains sensitive
information relating to critical infrastructures or facilities;
and
facilities
management
(2)
could
plan.
the safety or security of those infrastructures or
be jeopardized by disclosure of the emergency
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987. Amended
by Acts 1997, 75th Leg., ch. 992, ~ 11, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 557, ~ 1, eff. Sept. 1, 2003.
~ 418.107. LOCAL FINANCE. (a) A political subdivision
may make appropriations for emergency management services as
provided by law for making appropriations for ordinary expenses.
(b) Political subdivisions may make agreements for the
purpose of organizing emergency management service divisions and
provide for a mutual method of financing the organization of units
on a basis satisfactory to the subdivisions. The functioning of the
units shall be coordinated by the emergency management council.
(c) A political subdivision may render aid to other
subdivisions under mutual aid agreements.
(d) A political subdivision may issue time warrants for the
payment of the cost of any equipment, construction, acquisition, or
any improvements for carrying out this chapter. The warrants shall
be issued in accordance with Chapter 252, Local Government Code, in
the case of a municipality, or Subchapter C, Chapter 262, Local
Government Code, in the case of a county. Time warrants issued for
financing permanent construction or improvement for emergency
management purposes are subject to the right of the voters to
require a referendum vote under Section 252.045 or 262.029, Local
Government Code, as applicable.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987. Amended
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GOVERNMENT CODE - CHAPTER 418
Page 17 of26
by Acts 1999, 76th Leg., ch. 1064, ~ 30, eff. Sept. 1, 1999.
~ 418.108. DECLARATION OF LOCAL DISASTER. (a) Except
as provided by Subsection (e), the presiding officer of the
governing body of a political subdivision may declare a local state
of disaster.
(b) A declaration of local disaster may not be continued or
renewed for a period of more than seven days except with the consent
of the governing body of the political subdivision or the joint
board as provided by Subsection (e), as applicable.
(c) An order or proclamation declaring, continuing, or
terminating a local state of disaster shall be given prompt and
general publicity and shall be filed promptly with the city
secretary, the county clerk, or the joint board's official records,
as applicable.
(d) A declaration of local disaster activates the recovery
and rehabilitation aspects of all applicable local or
interjurisdictional emergency management plans and authorizes the
furnishing of aid and assistance under the declaration. The
preparedness and response aspects of the plans are activated as
provided in the plans.
(e) The chief administrative officer of a joint board has
exclusive authority to declare that a local state of disaster
exists within the boundaries of an airport operated or controlled
by the joint board, regardless of whether the airport is located in
or outside the boundaries of a political subdivision.
Acts 1987, 70th Leg., ch. 147, ~ I, eff. Sept. 1, 1987. Amended
by Acts 2003, 78th Leg., ch. 33, ~ 3, eff. May 14, 2003.
~ 418.109. MUTUAL AID. (a) The division shall
encourage and assist political subdivisions not participating in
interjurisdictional arrangements under this chapter to make
suitable arrangements for furnishing mutual aid in coping with
disasters. The arrangements must include provision of aid by
public employees and agencies.
(b) In reviewing local emergency management plans, the
division shall consider whether a plan contains adequate provisions
for the rendering and receipt of mutual aid.
(c) In reviewing local and interjurisdictional emergency
management plans, the division may require mutual aid agreements
between political subdivisions if it determines that the political
subdivisions have available equipment, supplies, and forces
necessary to provide mutual aid on a regional basis and that the
political subdivisions have not already made adequate provisions
for mutual aid.
(d) A municipality, county, emergency services district,
fire protection agency, organized volunteer group, or other
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GOVERNMENT CODE - CHAPTER 418
Page 18 of26
emergency services entity may provide mutual aid assistance on
request from another municipality, county, emergency services
district, fire protection agency, organized volunteer group, or
other emergency services entity. The chief or highest ranking
officer of the entity from which assistance is requested, with the
approval and consent of the presiding officer of the governing body
of that entity, may provide that assistance while acting in
accordance with the policies, ordinances, and procedures
established by the governing body of that entity and consistent
with any mutual aid plans developed by the emergency management
council.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987. Amended
by Acts 1995, 74th Leg., ch. 497, ~ 2, eff. June 12, 1995; Acts
2003, 78th Leg., ch. 1204, ~ 2.002, eff. Sept. 1, 2003.
~ 418.110. STATEWIDE MUTUAL AID PROGRAM FOR FIRE
EMERGENCIES. The division, in consultation with the Texas
Commission on Fire Protection, shall develop a statewide mutual aid
program for fire emergencies.
Added by Acts 1997, 75th Leg., ch. 1172, ~ 5.01, eff. Sept. 1,
1997.
SUBCHAPTER F. DISASTER MITIGATION
~ 418.121. DUTY OF GOVERNOR. (a)
disaster mitigation measures included in
interjurisdictional emergency management
as a continuing duty consider steps that
the harmful consequences of disasters.
(b) At the direction of the governor and pursuant to any
other authority and competence a state agency may have, a state
agency shall study matters related to disaster mitigation. This
includes agencies charged with responsibility in connection with
floodplain management, stream encroachment and flow regulation,
weather modification, fire prevention and control, air quality,
public works, land use and land use planning, and construction
standards.
(c) The governor shall from time to time make
recommendations to the legislature, local governments, and other
appropriate public and private entities as may facilitate measures
to mitigate the harmful consequences of disasters.
In addition to
the state, local, and
plans, the governor shall
could be taken to mitigate
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987. Amended
by Acts 1997, 75th Leg., ch. 992, ~ 13, eff. Sept. 1, 1997.
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GOVERNMENT CODE - CHAPTER 418
Page 19 of26
~ 418.122. STATE STUDY OF LAND USE AND CONSTRUCTION
STANDARDS. (a) The Texas Natural Resource Conservation
Commission and other state agencies, in conjunction with the
division, shall keep land uses and construction of structures and
other facilities under continuing study and shall identify areas
that are particularly susceptible to severe land shifting,
subsidence, flooding, or other catastrophes.
(b) The studies shall concentrate on means of reducing or
avoiding the dangers and consequences of a catastrophe.
Acts 1987, 70th Leg., ch. 147, ~ I, eff. Sept. I, 1987. Amended
by Acts 1995, 74th Leg., ch. 76, ~ 11.08, eff. Sept. I, 1995.
~ 418.123. RECOMMENDATIONS FOR CHANGES IN LAND USE OR
CONSTRUCTION STANDARDS. (a) The division shall recommend to the
governor the changes it considers essential if the division
believes, on the basis of the studies under Section 418.122 or other
competent evidence that:
(1) an area is susceptible to a disaster of
catastrophic proportions without adequate warning;
(2) existing building standards and land-use controls
in that area are inadequate and could add substantially to the
magnitude of the disaster; and
(3) changes in zoning regulations, other land-use
regulations, or building requirements are essential to further the
purposes of this subchapter.
(b) The governor shall review the recommendations. If after
public hearing the governor finds the changes are essential, the
governor shall make appropriate recommendations to the agencies or
local governments with jurisdiction over the area and subject
matter.
(c) If no action or insufficient action pursuant to the
governor's recommendations is taken within the time specified by
the governor, the governor shall inform the legislature and request
legislative action appropriate to mitigate the impact of the
disaster.
Acts 1987, 70th Leg., ch. 147, ~ I, eff. Sept. I, 1987.
~ 418.124. SUSPENSION OF LAND USE OR CONSTRUCTION
STANDARDS. (a) When the governor makes recommendations under
Section 418.123, the governor may suspend the standard or control
found to be inadequate to protect the public safety and by rule may
place a new standard or control in effect.
(b) The new standard or control remains in effect until
rejected by concurrent resolution of both houses of the legislature
or amended by the governor.
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GOVERNMENT CODE - CHAPTER 418
Page 20 of 26
(c) During the time the new standard or control is in
effect, it shall be administered and given effect by all
appropriate regulatory agencies of the state and of the local
governments to which it applies.
(d) The governor's action under this section is subject to
judicial review but is not subject to temporary stay pending
litigation.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
SUBCHAPTER G. CITIZEN DUTIES AND CLAIMS FOR COMPENSATION
~ 418.151. CITIZEN DUTIES. (a) Each person in this
state shall conduct himself and keep and manage his affairs and
property in ways that will reasonably assist and will not
unreasonably detract from the ability of the state and the public
successfully to manage emergencies. This obligation includes
appropriate personal service and use or restriction on the use of
property in time of disaster.
(b) This chapter neither increases nor decreases these
obligations but recognizes their existence under the constitution
and statutes of this state and the common law.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.152. COMPENSATION FOR SERVICES AND
PROPERTY. (a) Services or the taking or use of property shall be
compensated only to the extent that:
(1) the obligations recognized in this chapter are
exceeded in a particular casej and
(2) the claimant may not be considered to have
volunteered services or property without compensation.
(b) Personal services may not be compensated by the state or
a subdivision or agency of the state except under statute or
ordinance.
(c) Compensation for property may be made only if the
property was commandeered or otherwise used in coping with a
disaster and its use or destruction was ordered by the governor or a
member of the disaster forces of this state.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.153. COMPENSATION CLAIMS. (a) A person claiming
compensation for the use, damage, loss, or destruction of property
under this chapter shall file a claim for compensation with the
division in the form and manner required by the division.
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GOVERNMENT CODE - CHAPTER 418
Page 21 of26
(b) Unless the amount of compensation on account of property
damage, loss, or destruction is agreed on between the claimant and
the division, the amount of compensation is computed in the same
manner as compensation due for taking of property under the
condemnation laws of this state.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.154. CERTAIN CLAIMS EXCLUDED. This subchapter
does not apply to or authorize compensation for:
(1) the destruction or damaging of standing timber or
other property in order to provide a firebreak;
(2) the release of water or breach of impoundments in
order to reduce pressure or other danger from actual or threatened
flood; or
(3) contravention of Article I, Section 17, of the
Texas Constitution or statutes pertaining to that section.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
SUBCHAPTER H. MISCELLANEOUS PROVISIONS
~ 418.171. QUALIFICATIONS FOR RENDERING AID. A person
who holds a license, certificate, or other permit issued by a state
or political subdivision of any state evidencing the meeting of
qualifications for professional, mechanical, or other skills may
render aid involving the skill in this state to meet an emergency or
disaster. This state shall give due consideration to the license,
certificate, or other permit.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.172. INSURANCE COVERAGE. (a) Property damage
insurance covering state facilities may be purchased by agencies of
the state if necessary to qualify for federal disaster assistance
funds.
(b) If sufficient funds are not available for the required
insurance, an agency may petition the disaster emergency funding
board to purchase the insurance on the agency's behalf. The board
may spend money from that fund for that purpose.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.173. PENALTY FOR VIOLATION OF EMERGENCY MANAGEMENT
PLAN. (a) A state, local, or interjurisdictional emergency
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GOVERNMENT CODE - CHAPTER 418
Page 22 of 26
management plan may provide that failure to comply with the plan or
with a rule, order, or ordinance adopted under the plan is an
offense.
(b) The plan may prescribe a punishment for the offense but
may not prescribe a fine that exceeds $1,000 or confinement in jail
for a term that exceeds 180 days.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 418.174. PERSONAL LIABILITY EXEMPTION OF MEMBER OF
EMERGENCY PLANNING COUNCIL OR LOCAL EMERGENCY PLANNING
COMMITTEE. A member of the emergency management council
established under Section 418.013 or of a local emergency planning
committee established to develop an emergency management program in
accordance with Subchapter E of this chapter is not personally
liable for civil damages for an action arising from the performance
of the person's duties on the councilor committee.
Added by Acts 1989, 71st Leg., ch. 851, ~ 1, eff. Aug. 28, 1989.
~ 418.175. CERTAIN INFORMATION
CONFIDENTIAL. (a) Information that relates to physically or
mentally disabled individuals or other individuals with special
needs and that is maintained for purposes of emergency management
or disaster planning is confidential.
(b) This section applies to information in the possession of
any person, including:
(1) the state, an agency of the state, a political
subdivision, or an agency of a political subdivision; or
(2) an electric, telecommunications, gas, or water
utility.
Added by Acts 1999, 76th Leg., ch. 778, ~ 1, eff. June 18, 1999.
Amended by Acts 2003, 78th Leg., ch. 1312, ~ 2, eff. June 21,
2003.
~ 418.176. CONFIDENTIALITY OF CERTAIN INFORMATION
RELATING TO EMERGENCY RESPONSE PROVIDERS. (a) Information is
confidential if the information is collected, assembled, or
maintained by or for a governmental entity for the purpose of
preventing, detecting! responding to, or investigating an act of
terrorism or related criminal activity and:
(1) relates to the staffing requirements of an
emergency response provider! including a law enforcement agency! a
fire-fighting agency! or an emergency services agency;
(2) relates to a tactical plan of the provider; or
(3) consists of a list or compilation of pager or
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GOVERNMENT CODE - CHAPTER 418
Page 23 of 26
telephone numbers, including mobile and cellular telephone
numbers, of the provider.
(b) In this section and Sections 418.177-418.183,
"governmental entityll includes the governing body of a nonprofit
corporation organized under Chapter 67, Water Code, that provides a
water supply or wastewater service, or both, and is exempt from ad
valorem taxation under Section 11.30, Tax Code.
Added by Acts 2003, 78th Leg., ch. 1312, ~ 3, eff. June 21, 2003.
~ 418.177. CONFIDENTIALITY OF CERTAIN INFORMATION
RELATING TO RISK OR VULNERABILITY ASSESSMENT. Information is
confidential if the information:
(1) is collected, assembled, or maintained by or for a
governmental entity for the purpose of preventing, detecting, or
investigating an act of terrorism or related criminal activity;
and
(2) relates to an assessment by or for a governmental
entity, or an assessment that is maintained by a governmental
entity, of the risk or vulnerability of persons or property,
including critical infrastructure, to an act of terrorism or
related criminal activity.
Added by Acts 2003, 78th Leg., ch. 1312, ~ 3, eff. June 21, 2003.
~ 418.178. CONFIDENTIALITY OF CERTAIN INFORMATION
RELATING TO CONSTRUCTION OR ASSEMBLY OF WEAPONS. (a) In this
section, lIexplosive weaponll has the meaning assigned by Section
46.01, Penal Code.
(b) Information is confidential if it is information
collected, assembled, or maintained by or for a governmental entity
and:
(1) is more than likely to assist in the construction
or assembly of an explosive weapon or a chemical, biological,
radiological, or nuclear weapon of mass destruction; or
(2) indicates the specific location of:
(A) a chemical, biological agent, toxin, or
radioactive material that is more than likely to be used in the
construction or assembly of such a weapon; or
(B) unpublished information relating to a
potential vaccine or to a device that detects biological agents or
toxins.
Added by Acts 2003, 78th Leg., ch. 1312, ~ 3, eff. June 21, 2003.
~ 418.179. CONFIDENTIALITY OF CERTAIN ENCRYPTION CODES
AND SECURITY KEYS FOR COMMUNICATIONS SYSTEM. (a) Information is
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GOVERNMENT CODE - CHAPTER 418
Page 24 of 26
confidential if the information:
(1) is collected, assembled, or maintained by or for a
governmental entity for the purpose of preventing, detecting, or
investigating an act of terrorism or related criminal activity;
and
(2) relates to the details of the encryption codes or
security keys for a public communications system.
(b) This section does not prohibit a governmental entity
from making available, at cost, to bona fide local news media, for
the purpose of monitoring emergency communications of public
interest, the communications terminals used in the entity's trunked
communications system that have encryption codes installed.
Added by Acts 2003, 78th Leg., ch. 1312, ~ 3, eff. June 21, 2003.
~ 418.180. CONFIDENTIALITY OF CERTAIN INFORMATION
PREPARED FOR UNITED STATES. Information, other than financial
information, in the possession of a governmental entity is
confidential if the information:
(1) is part of a report to an agency of the United
States;
activity;
is specifically required to be kept confidential:
(A) under Section 552.101 because of a federal
statute or regulation;
(B) to participate in a state-federal
information sharing agreement; or
(C) to obtain federal funding.
(2 )
and
(3)
relates to an act of terrorism or related criminal
Added by Acts 2003, 78th Leg., ch. 1312, ~ 3, eff. June 21, 2003.
~ 418.181. CONFIDENTIALITY OF CERTAIN INFORMATION
RELATING TO CRITICAL INFRASTRUCTURE. Those documents or portions
of documents in the possession of a governmental entity are
confidential if they identify the technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism.
Added by Acts 2003, 78th Leg., ch. 1312, ~ 3, eff. June 21, 2003.
~ 418.182. CONFIDENTIALITY OF CERTAIN INFORMATION
RELATING TO SECURITY SYSTEMS. (a) Except as provided by
Subsections (b) and (c), information, including access codes and
passwords, in the possession of a governmental entity that relates
to the specifications, operating procedures, or location of a
security system used to protect public or private property from an
act of terrorism or related criminal activity is confidential.
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GOVERNMENT CODE - CHAPTER 418
Page 25 of 26
(b) Financial information in the possession of a
governmental entity that relates to the expenditure of funds by a
governmental entity for a security system is public information
that is not excepted from required disclosure under Chapter 552.
(c) Information in the possession of a governmental entity
that relates to the location of a security camera in a private
office at a state agency, including an institution of higher
education, as defined by Section 61.003, Education Code, is public
information and is not excepted from required disclosure under
Chapter 552 unless the security camera:
(1) is located in an individual personal residence for
which the state provides security; or
(2) is in use for surveillance in an active criminal
investigation.
Added by Acts 2003, 78th Leg., ch. 1312, ~ 3, eff. June 21, 2003.
~ 418.183. DISCLOSURE OF CERTAIN CONFIDENTIAL
INFORMATION. (a) This section applies only to information that
is confidential under Sections 418.175-418.182.
(b) At any time during a state of disaster, the executive or
administrative head of the governmental entity may voluntarily
disclose or otherwise make available all or part of the
confidential information to another person or another entity if the
executive or administrative head believes that the other person or
entity has a legitimate need for the information.
(c) The executive or administrative head of a port, port
authority, or navigation district created or operating under
Section 52, Article III, or Section 59, Article XVI, Texas
Constitution, may voluntarily disclose or otherwise make available
all or part of the confidential information to another person if the
information:
(1) is shared in connection with a security network or
committee, including a federal or state security committee or task
force;
(2) consists of data, video, or other information on
an information-sharing device that is shared with a security
network; or
(3) is shared with an emergency operations center.
(d) The disclosure or making available of confidential
information by a hospital district to a national accreditation body
does not waive or affect the confidentiality of the information.
(e) The disclosure or making available of confidential
information under Subsection (b) or (c) does not waive or affect the
confidentiality of the information.
(f) A governmental body subject to Chapter 551 is not
required to conduct an open meeting to deliberate information to
which this section applies. Notwithstanding Section 551.103(a),
the governmental body must make a tape recording of the proceedings
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GOVERNMENT CODE - CHAPTER 418
Page 26 of 26
of a closed meeting to deliberate the information.
Added by Acts 2003, 78th Leg., ch. 1312, ~ 3, eff. June 21, 2003.
GOVERNMENT CODE - CHAPTER 433
Page 1 of3
GOVERNMENT CODE
CHAPTER 433. STATE OF EMERGENCY
~ 433.001. PROCLAMATION OF STATE OF EMERGENCY. On
application of the chief executive officer or governing body of a
county or municipality during an emergency, the governor may
proclaim a state of emergency and designate the area involved. For
the purposes of this section an emergency exists in the following
situations:
(1) a riot or unlawful assembly by three or more
persons acting together by use of force or violence;
(2) if a clear and present danger of the use of
violence exists; or
(3) a natural or man-made disaster.
Acts 1987, 70th Leg., ch. 147, ~ I, eff. Sept. I, 1987.
~ 433.002. ISSUANCE OF DIRECTIVES. (a) After a state
of emergency is proclaimed, the governor may issue reasonable
directives calculated to control effectively and terminate the
emergency and protect life and property. Before a directive takes
effect, reasonable notice must be given in a newspaper of general
circulation in the affected area, through television or radio
serving the affected area, or by circulating notices or posting
signs at conspicuous places in the affected area.
(b) The directive may provide for:
(1) control of public and private transportation in
the affected area;
(2) designation of specific zones in the affected area
in which, if necessary, the use and occupancy of buildings and
vehicles may be controlled;
(3) control of the movement of persons;
(4) control of places of amusement or assembly;
(5) establishment of curfews;
(6) control of the sale, transportation, and use of
alcoholic beverages, weapons, and ammunition; and
(7) control of the storage, use, and transportation of
explosives or flammable materials considered dangerous to public
safety.
(c) A directive takes effect according to its terms, but not
before notice is given as required by Subsection (a). The governor
may amend, modify, or rescind a directive in a manner similar to
adoption of a directive during the state of emergency.
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GOVERNMENT CODE - CHAPTER 433
Page 2 of3
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 433.003. DURATION OF STATE OF EMERGENCY.
as provided by Subsection (b), a directive expires
the time of proclamation of the state of emergency
issued.
(b) The governor by proclamation may terminate or set a
shorter period for a directive. The governor may proclaim
successive states of emergency, each not exceeding 72 hours, as
necessary to protect health, life, and property in the affected
area, and may extend a directive from one state of emergency to
next.
(a) Except
72 hours after
for which it was
the
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 433.004. DUTIES OF LAW ENFORCEMENT
AGENCY. (a) During a state of emergency, each law enforcement
agency in the state shall cooperate in the manner the governor or
the governor's designated representative requests and shall allow
the use of the agency's equipment and facilities as the governor or
the governor's designated representative requires, except that if
the agency is not located within the affected area, the use may not
substantially interfere with the normal duties of the agency.
(b) A county or municipal law enforcement agency shall
notify the director of the Department of Public Safety if the agency
receives notice of a threatened or actual disturbance indicating
the possibility of serious domestic violence.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 433.005. CALLING OF STATE MILITARY FORCES. (a) The
chief executive officer or governing body ofa county or
municipality may request the governor to provide state military
forces to aid in controlling conditions in the county or
municipality that the officer or governing body believes cannot be
controlled by the local law enforcement agencies alone. On
receiving the request, the governor may order a commander of a unit
of the state military forces to appear at a time and place the
governor directs to aid the civil authorities.
(b) After the forces have appeared at the appointed place,
the commanding officer shall obey and execute the general
instructions of the civil authorities charged by law with the
suppression of riot, the preservation of public peace, and the
protection of life and property. The instructions must be in
writing, except that if written instructions are impracticable, the
instructions may be given verbally in the presence of two or more
credible witnesses. The commanding officer shall exercise his
T .
~ T':' ~ 1 _ _.\ r"\ T TT
1/C"/I""Itf'\F"\C
GOVERNMENT CODE - CHAPTER 433
Page 3 of3
discretion as to the proper method of practically accomplishing the
instructions.
Acts 1987, 70th Leg., ch. 147, ~ I, eff. Sept. I, 1987.
~ 433.006. VIOLATIONS. (a) A person who violates this
chapter or a directive issued under this chapter commits an
offense. An offense under this subsection is a misdemeanor
punishable by a fine of not more than $200, confinement for not more
than 60 days, or both.
(b) A temporary restraining order or temporary or permanent
injunction may be issued to prevent violation of this chapter or a
directive issued under this chapter as provided by the Texas Rules
of Civil Procedure and applicable law.
(c) The governor may institute an action under this section
in any court of competent jurisdiction in the state.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
~ 433.007. CONSTRUCTION OF CHAPTER. This chapter shall
be construed broadly to effect its intent to recognize the
governor's broad power of action in the exercise of the police power
of the state to provide adequate control over persons and
conditions during periods of impending or actual public crisis or
disaster and to provide means for local governments to protect
lives and property and maintain the operation of government.
Acts 1987, 70th Leg., ch. 147, ~ 1, eff. Sept. 1, 1987.
....\T ~ __1 n_LL~__~_\""________.. T_........__.....4- n.:l.........\IlT v
1 II:;. I')nnr:.
FEMA: Public Assistance - Labor Costs - Emergency Work
Page 1 of3
Swanagan, Robert
From: Suggs, Jeff
Sent: Tuesday, December 13, 2005 9:06 AM
To: Swanagan, Robert; Alexander, Cynthia
Cc: Feazelle, Debra
Subject: see 6 B.- 7 B,D,E
Home>> RR&R>> Public Assistance>> Policy 9525.7
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Labor Costs - Emergency Work
3. Title: Labor Costs - Emergency Work
Public Assistance I
. Program Overvi
. People
. Policy
. Process
. Performance
. Reference List
1. Date Published: July 20, 2000
2. Response and Recovery Directorate Policy Number:
9525.7
4. Purpose: This policy provides guidance on the eligibility of
labor costs for an applicant's permanent employees who
perform emergency work under Robert T. Stafford Disaster
Relief and Emergency Assistance Act, as amended (Stafford
Act).
5. Scope and Audience: This policy is applicable to all major
disasters and emergencies declared on or after the
publication date of this policy. This policy is intended for
Federal Emergency Management Agency (FEMA) personnel
making eligibility determinations for the Public Assistance
Program.
6. Background:
A. On October 14,1993, a Code of Federal Regulations
change went into effect relative to the eligibility of
straight time labor salaries for an applicant's
permanent employees performing emergency work.
The change made the force account labor straight
time salary for work under Section 403 and 407
ineligible under the Public Assistance Program. The
basis for this policy was that such salaries would be
incurred whether or not the disaster occurred.
1,., /1 ~ noo,
FEMA: Public Assistance - Labor Costs - Emergency Work
B. By oversight, the change to the regulation did not
include emergency work accomplished under
Sections 418 (Emergency Communications), 419
(Emergency transportation) and 502 (Federal
Emergency Assistance) of the Stafford Act. FEMA
intends to propose an additional change to the Code
of Federal Regulations to correct the omission. In the
interim, the ineligibility of straight time salaries for
emergency work under Sections 418, 419 and 502 is
to be included as a provision of the FEMA-State
Agreement.
C. Labor (straight time, overtime, and fringe benefits to
the extent the benefits were being paid before the
disaster) performed under Section 406 (permanent
work) of the Stafford Act remains eligible.
D. This policy will be amended in the coming months to
address the eligibilityfineligibility of the costs for
backfill employees. In the interim, questions on that
topic should be forwarded to FEMA headquarters.
7. Policy:
A. Sections 403. 407. 418. 419. and 502 of the Stafford
Act. The cost of straight time salaries and benefits of
an applicanfs permanently employed personnel are
not eligible in calculating the cost of eligible
emergency work.
B. FEMA-State Agreements will stipulate the ineligibility
of straight time salaries and benefits of an applicant's
permanently employed personnel performing
emergency work (categories A and B).
C. Seasonally employed personnel, when covered under
existing budgets and used for a disaster during the
season of employment, are considered permanently
employed for the purpose of cost eligibility.
D. Straight time and overtime will be determined
according to the applicanfs written policies and labor
union contracts in effect prior to the disaster.
E. The costs of salaries and benefits for individuals sent
home or told not to report due to emergency
conditions are not eligible for reimbursement.
However, extraordinary costs for essential employees
who are called back to duty during administrative
leave to perform disaster-related emergency work are
eligible if the costs were provided for in the written
policy prior to the disaster.
F. Costs of contractors hired to accomplish emergency
work are eligible for reimbursement. However, straight
time salary and benefits of force account labor
overseeing contractors performing emergency work
are not eligible in calculating the cost of eligible
emergency work.
G. The value of volunteers accomplishing eligible
emergency work can be credited toward the non-
Federal cost share of the applicant's emergency work
..:......,1 '"' JI""\^^~
Page 2 of3
FEMA: Public Assistance - Labor Costs - Emergency Wark
Page 3 of3
in accordance with the Donated Resources Policy,
9525.2.
H. Permanent employees who are funded from an
external source (e.g., by a grant from a Federal
agency, statutorily dedicated funds, rate-payers, etc.)
to work on specific non-disaster tasks may be paid for
emergency work. However, the FEMA region is to
consult with FEMA headquarters before approving
payment.
8. Supersession: Relevant portions of memo from Larry W.
Zensinger to Regional Directors, dated November 19,1993,
Subject: Eligibility, Force Account Labor, and relevant
provisions of previous public assistance policy documents on
this subject.
9. Authorities: The Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as amended; 44 CFR 206.228(a)
(4).
10. Originating Office: Infrastructure Division, Response and
Recovery Directorate.
11. Review Date: Five years from date of publication.
12. Signature: signed
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
13. Distribution: Regional Directors, Regional and Headquarters
R&R Division Directors
Last Updated: Saturday, 23-0ct-2004 00:00:00 EDT
DHS.gov I Espanolllmportant Notices I Site Help I Site Index I Contact Us I FEMA Home
FEMA 500 C Street, SW Washington, D.C. 20472 Phone: (202) 566-1600
1 " /1 'J 1'1 AAt:.
12.08
LA PORTE CODE
12.09
this Cha.rter. and the ordinaIlces of the city.. He shall be
recogpizedas . the head .of ~he city government for all
ceremonial purposes. by the courts fOl. civil process, and by
the government for purposes of military law. In times of
public danger or emergency, the mayor shall take command
of. the police, maintain ord~r. and enforce the law. If a
vacancy occurs in the office of mayor or in the case of his
absence or disability, the mayor pro tem shall act as mayor
until a successor is elected and has. qualified or until the
mayor is again able to assume his duties of office;
2.09. Powers of council.
AU powers of the city and the determination of all matters
of policy shall be vested in city council. Council shall
execute the laws and administer the government of the city.
Without limitation of the foregoing and among the other
powers that may be exercised by council, the following are
hereby enumerated for greater certainty:
a. Adopt budget of the city.
b. Authorize the issuance of bonds by a bond ordinance.
c. Inquire into the conduct of any office, department,
agency or officer of the city and make investigations
as to municipal affairs, and for that purpose may
subpoena witnesses, administer oaths, and compel the
production of books, papers and other evidence.
.Failu~e to obey such subpoena or to produce books.
papers or other evidence as ordered under the
provisions of this section shall constitute a misde-
meanor and shall be punishable by fine. Council shall
enact an ordinance to enforce this provision..
d. Establish and appoint the members, of the. planning
commission.
e. Adopt plats.
f. Adopt and modify the official map of the city.
g. Adopt, modify and carry out plans proposed by the
planning commission for the clearance of slum
districts and rehabilitation of blighted areas.
Supp. No. 11
12
12.09
CHARTER
A 2.10
h. Adopt, modify and carry out plans proposed by the
planning commission for the replanning, improve-
ment and redevelopment of neighborhoods and for the
replanning, reconstruction or redevelopment of any
area or district which may have been destroyed in
whole or in part by disaster.
1. Provide for the establishment and designation of fire
limits and to prescribe the kind and character of
buildings or structures or improvements to be erected
therein, and to provide for the erection of fireproof
buildings within certain limits, and to provide for the
condemnation of dangerous structures or buildings or
dilapidated buildings calculated to increase the fire
hazard and the manner of their removal or destruc-
tion.
j. Approve assessment rolls as returned to it by the
board of equalization and adopt same as the
assessment rolls to be used for the collection of taxes
for the current year.
k. Control and distribute all contingent appropriations.
Expenditures from a contingent appropriation shall
require prior approval of council. A contingent
appropriation shall be disbursed only by transfer to a
departmental appropriation, the spending of which
shall be charged to the. department or activity for
which the appropriation is made.
2.10. Additional discretionary powers.
In addition to the above powers and vvithout limitation of
such, city council shall have the. power to, and may at its
discretion, do any or all of the following:
a. Public library. Council shall have the authority to
establish and maintain a free public library within the
city and to cooperate with any person, firm, associa-
tion or corporation under such terms as council may
prescribe for the establishment of such free public
library. For budget purposes, the library shall be
considered as a department of the city and the
Supp. No. 11
13
Nov-2B-2005 10:58am From-ASKINS' ARMSTRONG, PC
281 4T1 2041
i-95S P.OG2/003 F-239
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.-
WeStlaw
Effective: [See Text Amendments]
Vemoo.'s Texas Statutes and CodesAImotated Curren mess
Labor Code (Refs & Annas)
Title 2. Protection of Laborers
"Ii Subtitle A. Employment Discrimination
~ Chapter 22. Employment Discrimination for Participating in Emergency Evacuation
(Refs & Annas)
& 22.001. Definitions
In this chapter:
(1) "Disaster' means the occurrence or imminent threat ofwidespread or severe damage, inju:ry~ or
loss of life or property that results from a natural or man-made cause, including fire, flood,
earthquake, wind, storm, wave action. oil spill or other water COTlT~fqation, volcanic activity,
epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or
paramilitary action, or other public calamity requiring emergency action, or an energy emergency.
(2) "Emergency evacuation order" means an official statement issued by the governing body of
this state or a political subdivision of this state to recommend the evacuation of all or part of the
population of an area stricken or threatened with. a disaster. The term includes a declaration of
local disaster weier Section 418.108. Govemm.ent Code.
(3) "Emergency services personnel" includes :fire fighters, police officers and other peace officers,
emergency medical technicians, and other individuals who are req~ in the course and scope of
their employment, to provide services for the benefit of the general public during emergency
situations.
(4) "Employee" means an individual who is employed by an employer for compensation.
(5) "Employer" means a person who employs one or more employees.
(6) "Political subdivision" means a county, municipality, special district, or authority of this state.
Effective; [See Text Amendments)
S 22.002. Discrimination PrDhibited
An employer may not discharge or in any other manner discriminate against an E:!llployee who leaves
lof2
11/2&/2005 9'45 A 1
Nov-ZB-Z005 lO:59am From-kSK1NS & ARMSTRONG, PC
ZBl 471 2047 T-956 p.Doa/ooa F-239
-~~.t" .. , C'......... ... ...,,~a..,., ....uuv UC'll v c:ry .nlIIU rca!aJ.Q=AUU:>':> ~
the employee's place of employment to participate in a general public evacuation. ordered under an
emergency evacuation order.
Effective: [See Text Amendments]
Ii 22.003. Liabilitv~ Reinstatement
(a) An employer who violates Section 22.002 is liable for any loss of wages and employer-provided
benefitS incurred by the employee as a result of the violation.
(b) A person discharged in violation of Section 22.002 is entitled to reinstatement in the same or an
equivalent position of employment with commensurate pay.
Effective: [See Text Amendments]
~ 22.004. Ex.emDtion; Emel"f:eDCV Services Personnel
(a) Section 22.002 does not apply to individuals employed as emergency services .personnel if the
employer provides adequate emergency shelter for those individuals.
(b) This chaptec does not apply to a person who is necessary to provide for the safety md well-being
of the general public. including a person necessaxy for the restoration ofvitaJ. services.
Current through the end of the 2005 2nd Called S~ssion of the 79th Legislature
END OF DOCUMENT
(92005 ThomsonlWest. No Claim to Orig. U.S. Govt. Works.
~ of2
11/2~/2D05 9~45 A'
12. EMERGENCY PAY POLICIES
POLICY
When an emerzency impacts City employees' work schedules and status durin$!
emergency conditions and a "state of emergency" has been determined declared by the
City }4anagcr Mavor. 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 '-''lagos and Discipline. Employee Policies
Handbook that may be in conflict with this section.
Scope
This practice applies to all non-exempt and exempt employees, and includes civil
service personnel.
DECLARA liON 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.
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.
Emergency 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/Recovery Period This is the time period during which activities
a~~ 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.
Employee Polides Handbook/Page 16
Emergency/Administrative Leave/General Provisions
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 f)aki
administrative leave pursuant to this policy.
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.
Employee Responsibilities: 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.) had been or is approved.
Employee Safety: The City of La Porte recoanizes that employees have
personal and family responsibilities that may conflict with the obliaation to fulfill
their iob requirements durinq hazardous weather or state of local emerqencv.
When evacuation of personal residences is required. employees will be permitted
and expected to make arranqements for their families like any other citizen.
includinq the use of authorized shelters. Employees who are not able to return to
work due to omorqencv conditions unavoidable or unsafe conditions related
to the emeraencv (for 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 impassable roadways, etc.) must contact their department
director or desianated supervisor as soon as possible and utilize appropriate
leave time.
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, desif!nate
"Emergencv Essential" and "Emerflencv Non-Essential" personnel. All personnel shall
be advised of their status as of JanuarY 1st each year. Individual employee status may
chanfle. as the needs of the City change durinfl the civil emergency, or at the discretion of
the Department director.
UEmerJ!encv Non-Essential" - After a needs assessment is made, some emvlovees may
be temporarily dismissed trom work. concurrently or successively. as determined bv the
Employee Policies Handbook/Page 17
emergency need and the department or function and those will be designated as
"Emerf[ency Non-Essential." They will be placed on emergency Paid Administrative
Leave vursuant to this policy.
"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-Imvact/Recovery AssiImed" - Post-emerf[ency, all City emvloyees are considered
Post-Impact/Recovery Assif[ned employees. All City employees are to return to work
after the City Manager declares it is safe to do so. After the return to work. some
emvloyees may be further identified as "Essential Recovery," while others may be
temporarily excused from work. The City Manager and each department or function is
resvonsible for identifYing those employees 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 emerf[ency when other
emvloyees may be dismissed on lcave or furloug.h or on authorized leave.
Notwithstanding, an "Essential Recovery" employee will be allowed reasonable
emerf[ency vaid administrative leave to secure the employee's home and family and
attend to immediate personal needs resulting from the emergency.
EmerJIencv Dutv AssiJInment: In the event of an emerf[ency, the City Manaf[er may
assign emvloyees to any duty to the extent that the City is not in violation of any State or
Federal Law. This includes employees of one devartment serving in an' emergency
capacity for any other department or function as assif[ned.
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 MG 40 hours. After the
.J.6{) 40 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) 11/2times 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
Employee Policies Handbook/Page 18
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 sectioR 1) be paid at a rate of two times (2x) base straight pay
for normally scheduled hours and one and one half times (l.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 hnpact/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 hnpact/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 Employee Policies Handbook and the Fair Labor
Standard Act. .
7. At the director's discretion, previously approved leave, vacation etc, may be
cancelled when a state of emergency is imminent or declared.
Employee Policies Handbook/Page 19
MEETING HANDOUTS