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Home My WebLink About2006-01-23 Regular Meeting and Workshop Meeting of La Porte City Council ,- --------- ,------- A 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 ~dtdtL 4. ~)/ 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 ~.- ~,----~~--------~~- ,.__.~---,,--~_._'-~.--~_.. 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 ~S'C""fi::.':.~ .. ~M ..,,' ., w j\<. /!.:, :\"", .",Ii' IFEB 0 3 Jnnfl CITy seeR' . OFF/2,EJil\ 'f'S 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 usLi(5NQi,CES/ ... . .,t--'-:.;.:;..,' ' ;~;~:~T-f()~~I~S .... OUNTY;J~fl;l~R~IS .-. ~~-....::~-::(,!:~t'..;;-<V{;~~~{'(/':):" .. ITYPF ~A P9flTE 320 S. 8th Street Porte, Texas 77571 281-471-1234 Fax 281-471-5763 .....,<'-".;.--c i.-." NO~7~J.l'he B re Sun thority, on this date came and authorized representative of The wspaper published and generally e, Harris County, Texas and who attached notice was published in ~ b ~ os day of Peggy Lee Notary Public Harris County, Texas 1111111111111111111111111111 i 1111111111111111111111111 ~ .?<~'Y p"e(~ _ PEGGY LEE E ~ *~'" * NOTARY PUBLIC - STATE OF TEXAS E = f?::{ MY COMMISSION EXPIRES = - "';.. "l' _ :: "" OF ,~i-T- SEPTEMBER 24, 2007 :: iil II III 1111 I JII III III IIIHBlI II lillllllli (1II11111ii - - , '~X~~i~a'r:~~: 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. "':\ "H~ H ,...,,~"t'" --", h~t1~.g~;;~~. rt~l; .... -.... ..... TY,9FlA,\ORT~_ 820 S. 8th Street "...... -::-7)" Porte, Texas 77571 NOTlGEOFPUBLl9 ., HEARING. ';,1 B 281-471-1234 Fax 281-471-5763 .".:....'.......'..fb .... . '.- '-' '.'- ...---,.--", .- '.' ..--....... --.'. --.. , '.'/.;"'Yl~ \a~cordan9~'.. lhtflE(RWvl~i9Ils()f, '~43c: ~ ~106.f71.?t.1he .,99d~ :~~~~~o~, . e La Porte,. ,..' ins" "".'tf '~'~~Y Lee . , . .(iry Public ... '.. . >;~:is County Texas :6:ddi~~c~~~egii: "'~ ' ~~~~R~ ~ln~';~UI,~~.~o.',.1 sign In befor~,tQ~ meet! .... is con y of La Porte unty of Harris te of Texas 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 e Bayshore Sun dated O/-d9-1)(" before me this ~ day of '~;~ja.."~~ . .-; ;.,~---.,:' :.'r<,~?,< -~_.~~~:~~:.~~~'':'''_:.~---''-. ~HIt3~T";r ..cJ 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) ~41~ 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. c co a.. (]) I · -- en ~ co c -- E -- (]) L- a.. ;a. t;:..,SI --~~.--- \~ '; t: ~f"' . --- ----- --..- '~' ~i:..~~~:rtt ~ '" r ~. Ulr2~rir.lr~rr1\~II{\~! i " 14~~i~ d)+~1fd:Ldil'!~li, ~_i i i If .:-~~ Illll1~Jh~Mtv nl! '~YI:' ~~-:adl;r8;.,rl f . ::Z: :> l' -- I (1 r.,tt::( r. -." - ~ , ::: ~. ~ ~ Ii ~~~'(' ~ t If" " . e' ' t' 'mt ,. ',~ ',," .' ,: L~4 . iii I I, I/p r ,,'1l :.:, - _~.t:.~,......c..II'.i: -'......, " f ' 1 - I~l I! U ........ I \'\~ , . " ;' , ,'. ; :,'Wif," (~\I I " ' ':-Iet!L: ,iit' . . i"l""l!;~'+'~:1 i ) -~' )1 .-+-H~: 'il; ....'_~~~. :. - .":'II~f-"-;-tl I~.ol:l ,.-- ~ \S:>. :~. " "{\I.' . .... '.,6 " .... ...1-:. ! ,.L~-t j (~.'r-3:'~-'-:/) --< ""NQ""~ilfi' ~ ~ ~ ~ ~ \\\ t ~ ~ i~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ \ \ ~ \. ~ "- \~ ~ \ ~ ~ \ I( ~ \~ :s ,ar....... i" ~ \~ \ t/... ~ - ~ "' L- 0 CD 0 - u.. a. "'C c ~ 0 0 I- Q) en I c: CO a.. .... I · -- c: ::> CD L- CD 0 0 - I- u.. ..c ....... en L- I- u.. ... 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 - (fl . ~al~i H~i \,~!. ~\~, i. ~.'ii'll ~\.'!: ~~~ ;\\, ~ ~\i'" .~\' !. i. ;.J i ~ ~\ 'ii, q ~\\ '\ \..i ~,~ \\~ \\~ ,\ n, " 'il \ \i to .i " i~ 11 \\ .' ~ \~ \ \' %\ ~\ \\\ ~ . , ; . . t . , ~ . , . . , . , . . ~ ' , ~ . . ~ . . . ~ ;l ~\;\ I:.~ ~~ "~i \t ~l . ." . ~t ; . , , . . . . . s . . ~ . . , . . . . ~ ~ ~t . . t ------- . , , . . t . , t ~ ,,0'\"51"0'" t. 67J>!I1 .~ \ i' i_////-/-_//~' /" \;_--;-/- ..... .i ~~, .\~- r~ ~~ ti '" .. - ''t,1:..~:~ ..~~ -:'''I},{, \.'\... ~ i . . . . ~ ~ i .i~~ i i .,1 . ~ Sl ~O~N \:i, ~~~ s.; ~ , s H \1' ~:~ ~. ~~ ~ i , ~ .. ii . is 1 \ t . ~- ,"",,,,,,'~it"".l1,,,,.,,%,,,~~~~i'~;"~~F - ~ " "IO;,,..>,i .. '..'e'e. . · " 0\1 0 @ ttl'~F....i,. ~.,. · ~ H ~ H H n " \,~ II In'' Hi"oH jl..t lt1 .HH~U -:HH\\ " '\ .~ nn;n. 1 ~\ o~~ I ~t.;;iiii 1'\ - -ii "" 1& " ;; is .." i., "" """""" lit nHiHi :!1 Hr.r.HH ,,\ . . .. 11\0 i ~~;,;,,~"" 1 . 9 i 9. i i i H 'in - 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 ,'~ -,-,-.----_..,--- 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 - 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: - . 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 - - - 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. - - - - - ,- - 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. - - - - - - BAY AREA MOUSTON - CONVENTION & VISITORS BUREAU - - - FUNDING REQUEST ,- ,- 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. - 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. - - - - - - - - ,- ,- ,- - - - BAY AREA HOUSTON CONVENTION. VISITORS BUREAU - SCOPE OF SERVICES - 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: - 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: - · 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 - - 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." - - - - - - - - ,- - - BAY AREA HOUSTON CONVENTION. VISITORS BUREAU ,- SCOPE OF SERVICES - - 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 - 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. - - ,- - ,- ,- - - - ,- BAY AREA HOUSTON CONVENTION. VISITOIlS BUIlEAU SCOPE OF SERVICES - 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. -- 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. - - - 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. - - -- 4n_,__" BAY AREA HOUSTON fun. Close. Alfonlable. - -- .- - im'twww~~&l.....,!!'I - - - - BAY AREA HOUSTON CONVENTION. VISITORS BUREAU -- - SCOPE OF SERVICES 0- 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. c- - - - 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. - ,- 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. .,- 0- - 0- - - - - BAY AREA HOUSTON CONVENTION. VISITORS BUREAU - SCOPE OF SERVICES ,- 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. - - - - 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. - - - 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. - - - - - ,- ",-" - - - - ,- - - BAY AREA HOUSTON CONVENTION. VISITORS BUREAU KEY ACCOMPLISHMENTS -- 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 -- COLLATERAL MATERIALS . Produced 95,000 Bay Area Houston Visitors Maps . Distributed 60,000 Houston Regional Visitors Guides - - 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 - - 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. ,'-"'\ -- - - - v..iq... M-.lftgSpu.. -..."....-."""""""'-.." :.7',:",:":,' ::;';'...e;:.",:.~"".:.; ~~~r4:1s~j =~~!~Fi:=E~ ~~:;;t.~~~ ~~E~f:~'~~~.~ M.r.."""..,..,.,9"'....."'''''~"'"'" ~~br~c:.~...,'Z......;;~": Ch.....~o__..rro"'u""'''''''''''' =. ~:.~::: =z"'~;~ :~:~ ....."'oc~i,_od",,<I_.p""'.. ....""'PO'I.._""fu....wl.~g...,. :::';"7.";";:;::""~,'7:; E_',,,,,,^,_nolin_l""''''' - - - - - BAY AREA HOUSTON CONVENTION. VISITORS BUREAU .- LEADERSHIP .- 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: - ,- Richard Allen Chairman Space Center Houston - - Roy Green Vice Chairman South Shore Harbour Resort and Conference Center - Greg Collins Treasurer, Marketing Committee Chair Mayor, City of Kemah Mike Giangrosso Secretary Hampton Inn - Seabrook - Tim Anderson Immediate Past Chairman Kemah Boardwalk Katie Benoit Council Member, City of League City Mark Denman Council Member, City of Nassau Bay - Steve Davis Hilton HoustonlNASNClear Lake - - - - - ,- 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 ,- 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: c- 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 department directors or managers of such declaration. EMERGENCY PERIODS (- 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. c- 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 ( 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. c "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. ( 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. t- /--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% \ \ 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. s T"'I"' _ ~\ J"""\T TT 1 fr I~r\/)L" 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 _ ~ _\r"T'I_~__._ _______ T__L____L n":1__\AT TT 1/J:J'lAAL 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 ,.." _.11"-'.\""" - --._ __4-_ __..1 C'~""';~~n\ C"nn~n.....n~ 0\ T ,....",.,1 """tt.j"n-c<\T"",."nnr"""T T"tPTnPt Pilp",\()Tl< 1 j"f?()()f\ 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. f11p.//r.\nf"'l1'11Tl1f'nh: ~nn Sp.ttin!7s\Swana2:anR\Local Settings\Temporary Internet Files\OLK... 1/5/2006 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 .....IT _ _ _1 n_L.L~____\'T'________. T_+___+ 'C'~l_~\(\T V 1 It:. r>nr)(::.. 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 .J__ ~ -_ .J n _.L...L:_ __\ ("1__........-.... _....._ D\ T ................1 C"~++;.............n\rrClt.....--.,....I""\'I"'n?"(r TntoT"'t"lp.t P,lpC"\()T V 1 /t;,nnr}f, 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 filp"//r.\n()(,lln1pnh: :mil ~p.ttinp~\~w::lnapanR\Local Settim:rs\Temnorarv Internet Files\OLK... 1/5/2006 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 -- -' n_....:__-:~~_~===-~~~~D\T ~Ml ~At+;n(T,,\Tprrm("'\r~r" Tntp.rnp.t Filp.s\OLK___ 1/512006 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 "'"'\ T _ _ _, n _.LL~__ __\"...,_~_ __....._.. T_+,...__,...4- 1:';1 r"lon\{")T V 1 It::. nnnr:. 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. L ----' "_...~___\C'n.___n~n~D\T M.nl <:'",t+~"'l"T,,\Tpmnnr~r" TntF'TnF't Filp.~\nT.K_q 1/5/2006 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. +:lo.II{"".\nN'l1.,."pnt~ l'lnr1 ~p.ttino-~\SwanaQanR\Local Settings\Temporary Internet Files\OLK... 1/5/2006 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. ..L_ --- -1 ("t-~:___\C<nM_~~~_D\T ~nnl C'o++~....n-C'\'T''''n-t1''\''V'''<>1'"\' Tntprnpt Pl1p<;:\OT.K 1/~/?()()fi 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 , n ~,-- __I ("'1_________ D\T ~~~ 1 C'=+t;..,.,."\'T'prnnnr,,nT T"tPTnPt Fl1p<;:\nr.K 1/S/200tl 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 .1 n _~:__ __I C<_n~_~ _~_ D\ T ~~n 1 C'o++~~....~\'T'""",,,....,........,rtT T."tprnpt k'ilpc\()T .K l/I::,/?flfl(l 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 - - ___......\T ___1 C'~....~_~"\'T'~~~^,..........., T,.,tPTTlPt P,lp",\()T 1< 1 /"./?()()fl 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. \'""__________n\T ~Ml C=+t;....M\T"',..,n"1""'n' Tntf'Tnf't Filp.s\OLK... 1/5/2006 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 \n - u - ____Tl\T ...._....1 C'.....~_......~\"T"'<'"Jr,..........._"_.....rTr T"t~.,..,..,~t p;lpc\nr J{ l/l\l?nnh 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. \n ~ _ _ ___T\\T ___1 0_4-'-:__...,,,,______.....__... T......4-___....+. n:l.....,..,\r'\T Tr 1 ! C I') AAe. 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 Search FEMA GO) >) Advanced Search . Pu.b.lic..Assista.oce.... ........ ........ ........ ........ ...". .....--..,...... : ............. infra~f1:ldure Recovery Response &. Recovery . Individual Assistance . Public Assistance . Fire Management Assistance Grant Program . Hazard Mitigation . Response & Recovery Library . Federal Response Plan 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 . ar ... r-- .. ---... .._--....., -...... - J -..&.'-I..LI....l 0; \,,6.C6'-C4.lu'-J"'"!..vv-,-, C .- 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