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Home My WebLink About2006-02-27 Regular Meeting and Workshop Meeting ,~,- l,j-" ,- A MINUTES OF REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL February 27, 2006 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6:0 I p.m. Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Clausen, Mike Mosteit, Louis Rigby, Barry Beasley, Howard Ebow, Chuck Engelken, and Peter Griffiths. Members of Council Absent: none Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Assistant City Manager John Joerns, Assistant City Attorney Clark Askins, Assistant City Manager Cynthia Alexander, Planning Director Wayne Sabo, EMS Chief Ray Nolen, Assistant City Secretary Sharon Harris, , City Secretary Martha Gillett, Assistant EMS Chief Lisa Camp, Secretary Melissa Lanclos, Office Coordinator Peggy Lee, Police Chief Richard Reff, Assistant Finance Director Michael Dolby, Engineering Technician Joe Rolke, Tax Assessor Kathy Powell, Engineering Tech Supervisor Bobby O'Sullivan, Paramedic II Rachel Hess Gomez, Human Resources Manager Robert Swanagan and MIS Manager Al Owens and GIS Manager Brian Sterling.. Others Present: Jim Counts, Sue Gail Mock Kooken, Trent Wise, Curtis Spencer, Nancy Williamson, Bill Maltsberger, Ed Fendore, Colleen Hicks, Karen Wilhelm, and other citizens. 2. Karen Wilhem of Light of Christ Lutheran Church delivered the invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENTATIONS / PROCLAMATIONS A. Mayor Porter acknowledged a proclamation to Jeff Suggs to honor Severe Weather Awareness Week. B. Mayor Porter presented an appreciation award to Chief Reff of support to Texas General Land Office's Search and Rescue Operations during Hurricane Katrina New Orleans, Louisiana 2005. C. Mayor Porter and EMS Chief Ray Nolen presented a plaque for Employee of the 3rd Quarter 2005 to Rachel Hess. D. Mayor Porter and Bobby O'Sullivan presented a plaque for Employee of the 4th Quarter 2005 to Joe Rolke. E. Mayor Porter and Michael Dolby presented a plaque for Manager of the Year 2005 to Kathy Powell. F. Mayor Porter and Wayne Sabo presented a plaque for Employee of the Year 2005 to Peggy Lee. 5. Consent Agenda A. Consider approving Minutes of the Regular Meeting, Public Hearing and Workshop Meeting of City Council held on February 13,2006. B. Council to consider approval or other action regarding a resolution approving the refund in the amount of $2,130.02 for BMP Partners, L TD due to erroneously paying taxes on two parcels, and authorize the La Porte Tax Office to reserve the 2002, 2003, and 2004 taxes and assign payment to the responsible party. Motion was made bv Council member Beaslev to approve the consent agenda as presented. Second by Council member Rigby. City Council Regular Meeting and Workshop Meeting - February 27,2006 Page 2 Motion carried. Ayes: Mosteit, Moser, Ebow, Engelken, Griffiths, Rigby, Beasley, Clausen and Mayor Porter. Nays: None Abstain: Councilmember Griffiths abstained from Item A. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. There were no citizens wishing to address Council. 7. Council to consider approval or other action regarding an ordinance authorizing the conveyance of Lots 26 and 27, Block 104, and Lots 28-32, Block 104, to Habitat for Humanity for the expansion of their building program in La Porte and approving the release of weed liens for Lots 28-32, Block 104. Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2006-2872-AN ORDINANCE APPROVING AND AUTHORIZING THE CONVEYANCE OF LOTS 26 AND 27, BLOCK 104, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Council to consider approval or other action regarding an ordinance authorizing the conveyance of Lots 26 and 27, Block 104, and Lots 28-32, Block 104, to Habitat for Humanity for the expansion of their building program in La Porte and approving the release of weed liens for Lots 28-32, Block 104. Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2006-2873-AN ORDINANCE APPROVING AND AUTHORIZING THE CONVEYANCE OF LOTS 28 THROUGH 32, BOTH INCLUSIVE, BLOCK 104, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Griffiths to approve the Ordinance 2006-2872 and 2006-2873 as presented by Mr. Joerns. Second by Council member Ebow. The motion carried. Ayes: Mosteit, Moser, Ebow, Engelken, Griffiths, Rigby, Beasley, Clausen and Mayor Porter. Nays: None Abstain: None 8. Council to consider approval or other action regarding ordinance 99-1387 -C and/or provide staff with direction. Building Official Debbie Wilmore presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 99-1387-C -AN ORDINANCE AMENDING CHAPTER 34, "ENVIRONMENT," ARTICLE V "JUNKED MOTOR VEHICLES," AND SECTION 34-171 "NOTICE TO STATE DOT OF REMOVAL, TITLE CANCELLATION; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON City Council Regular Meeting and Workshop Meeting - February 27, 2006 Page 3 CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Griffiths to approve the Ordinance 99-1387-C- as presented by Ms. Wilmore. Second by Council member Rigby. The motion carried Ayes: Mosteit, Moser, Ebow, Engelken, Griffiths, Rigby, Beasley, Clausen and Mayor Porter. Nays: None Abstain: None 9. Council to consider approval or other action regarding an ordinance adopting an Emergency Pay Policy. Human Resource Manager Robert Swanagan presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2684-B-AN ORDINANCE ADOPTING THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK DATED SEPTEMBER 21,2005; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Ebow to approve the Ordinance 2684 B as presented by Mr. Swanagan. Second by Council member Griffiths. The motion carried Ayes: Mosteit, Moser, Ebow, Engelken, Griffiths, Beasley, Clausen and Mayor Porter Nays: Rigby Abstain: None 10. Council to consider approval or other action awarding RFP#06501 - Compensation and Classification Study in the amount of$40,500. Human Resource Manager Robert Swanagan presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2874-AN ORDINANCE-AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE MERCER GROUP, INC., FOR A COMPENSATION STUDY AND CLASSIFICATION STUDY; APPROPRIATING THE SUM NOT TO EXCEED $40,500.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Rigby to approve Ordinance 2874 as presented by Mr. Swanagan. Second by Council member Mosteit. The motion carried. Ayes: Mosteit, Moser, Ebow, Engelken, Griffiths, Rigby, Beasley, Clausen and Mayor Porter Nays: None Abstain: None 11. Close Regular Meeting and Open Workshop at 6:49 p.m. A. Council received a report from MIS Manager Al Owens and City Secretary Martha Gillett on Laser Fische. City Council Regular Meeting and Workshop Meeting - February 27, 2006 Page 4 Council directed staff to move forward. Councilmember Rigby had a question regarding the price of other vendors in comparison to the exclusive contract between Laserfiche and MuniCode. Staffwill provide this information to Council. B. Council received a report from Wayne Sabo on Outdated Ordinances. Council directed staff to move forward in reviewing outdated ordinances. C. Assistant City Manager John Joerns provided council with an overview of a proposed development agreement by and between the Reinvestment Zone Number One, City of La Porte, Texas and La Porte Redevelopment Authority and the City of La Porte, Texas for the design and construction of the Southeast Sanitary Sewer Trunk Main and Lift Station Facilities. Council directed staff to move forward. D. Assistant City Manager John Joerns provided council with an overview of a proposed utility extension agreement by and between the Reinvestment Zone Number One City of La Porte, Texas and La Porte Redevelopment Authority and the City of La Porte, Texas, and 65 La Porte, LTD., A Texas Limited Liability Partnership. Council directed staff to move forward. E. Council received a report from Assistant City Manager Cynthia Alexander and Assistant Finance Director Michael Dolby on GABS-45 other Post Employment Benefits. F. Council received a report from Assistant City Manager John Joerns on Foreign Trade Zone. Council directed staff to move forward with further research and policy development. 12. Closed Workshop meeting and reconvened Regular Meeting at 8: 12 p.m. 13. Administrative Reports City Manager Debra Feazelle reminded council of the National League of Cities, March 11-15,2006, in Washington D.C., Fire Station No 2. Ribbon Cutting, March 13,2006 at 5:30 p.m., the Pre-Budget Retreat, April 8,2006, the Spring Holiday, April 14, 2006, City Offices closing, Norman Malone Memorial Golf Tournament, April 26, 2006 at Bay Forest Golf Course and Reported on Records Management Day February 20,2006 and the progress. 14. Council Comments Clausen, Rigby, Moser, Beasley, Griffiths, Ebow, Engelken, Mosteit and Mayor Porter had comments. 15. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) 551.071 - Pending or Contemplated Litigation - Meet with City Manager and City Attorney to discuss 200 Garfield L.L.c. VS. City of La Porte. Council went into Executive Session at 8:20 p.m. City Council Regular Meeting and Workshop Meeting - February 27, 2006 Page 5 16. There was no action taken during Executive Session. Council adjourned the Executive Session at 8:35 p.m. 17. There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:36 p.m. ResP::A~ubm~ ~a Gillett, .ue CMC City Secretary Passed and approved on this 13th day of March 2006 ~L~~ Mayor Alton E.Porter / REQUEST FOR CITY COUNCIL AGENDA ITEM arch 13 2006 Appropriation Requested By: Wa e Source of Funds: N/A Department: Plannin2: Account Number: N/A Report: _Resolution: _Ordinance:--K.- Amount Budgeted: N/A Exhibits: Ordinance P&Z Staff Report Aerial Map General Plan SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during its February 16,2006, meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU06-001. The request, submitted by Dr. Marcus Aquino, M.D., seeks approval ofa Special Conditional Use Permit (SCUP) to allow a doctor's office/medical clinic to be located south of the City of La Porte Fire Station No.4 along S. Broadway. The property is currently zoned Planned Unit Development (PUD) and any development in a PUD requires a Special Conditional Use Permit with a General Plan approved by the City per Section 106-659(a) of the Code of Ordinances. Offices and clinics of physicians (M.D.), including specialists, are a permitted use per Section 106-441, "Commercial Uses." The subject tract is 2.45 acres. The property has 100 foot of frontage along S. Broadway and a 50 foot wide drainage easement (West Branch Taylor Bayou) runs north-south through the subject tract. The General Plan shows a 5000 sq.ft. office and medical clinic to be built across the bridge during the initial phase of this development. The rest of the undeveloped area (300'xI75') wil\ be reserved for future development. The applicant intends to purchase approx. 2.5 acres currently owned by the City behind Fire Station No.4 for future development of a medical/shopping plaza along McCabe Road. The subject property is surrounded by mixed use developments. overall impact on public services should be minimal. South Broadway and McCabe Road have 100 foot of right-of-way, which is adequate to handle the traffic to be generated by this proposed development. The impact upon the public health, safety, and welfare of the City should be minimal. Nine (9) notices of public hearing were mailed to neighboring property owners. No response was received. The Planning and Zoning Commission, by unanimous vote, recommends City Council approval of Special Conditional Use Permit #SCU06-001 with the following conditions: . SCUP#06-001 is specifically limited to the Doctor's office/clinic. . Ensure that existing tree line or vegetation will be preserved off the rear property line, and landscape plan shall accompany with the site plan. . The roofed-over structures on the property shall not exceed the maximum forty percent (40%) lot coverage. . Height of the building shaH be limited to 35' as per residential area requirements. . Architecture of the building shall be approved by the City. . Additional development at site shall be subject to filing ofa new application for a Special Conditional Use Permit. . Applicant may need to coordinate with the Harris County Flood Control District (HCFCD) for any additional right-of-way required for drainage at the time of site development. . The Developer shaH comply with all applicable laws and ordinances of the City and the State of Texas. Action Required bv Council: 1. Conduct public hearing. 2. Consider taking action on recommendation by P&Z to approve Special Conditional Use Permit and General Plan for proposed development of office/medical clinic to be located in the 2900 Block of South Broadway. AP~~~~7;{;;da~ Debra B. Feazelle, City Manage~ ,5~. 7 -c;k Date ORDINANCE NO. 1501-1lf AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU06-001 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 2.45 ACRES, TR 5B and TR 5J (020*E, Pt. TR 5B), W. P. HARRIS, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING DOCTOR'S OFFICE/MEDICAL CLINIC ALONG SOUTH BROADWAY; 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 16th day of February, 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 "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3. Immediately following such public hearing on February 16, 2006, the Planning and Zoning Commission of the City of La Porte met in a 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 February 17, 2006, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. ORDINANCE NO. 1501-Z 1 Page 2 "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 13th day of March, 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 conditions of said Special Conditional Use Permit are as set forth in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special Conditional Use Permit are as follows, to-wit: A 2.45 acre tract of land being TR 58 and TR 5J (020*E, Pt. TR 58), W. P. Harris, Abstract 30, La Porte, Harris County, Texas. "Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. "Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required ORDINANCE NO. 1501- 2. ~ Page 3 by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. "Section 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the ~ day of fM/tdv , 2006. CITY?\ LA PORTE \~ BY:\~'~ ALTON PORTER, Mayor ATTEST: By: 0Yltv~ IL Iiu ffj MARTHA GILLETT, City Secretary THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 16th 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 Special Conditional Use Permit Request #SCU06-001, which has been requested for property located at 2910 and 2912 South Broadway (Old Highway 146), further described as TR 5B and TR 5J (020*E, Pt. TR 5B), W. P. Harris, Abstract 30, La Porte, Harris County, Texas. The applicant is seeking approval of a Special Conditional Use Permit for a doctor's office/clinic to be located in a Planned Unit Development (PUD) zone. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. ......""'.-". -..'\tH. .K B. IT.,. iJt. ~~~,"",v-..._ ~ t;.J. .... ..):)U8L!~ NqTI9ES u_~. \ .".~- _ -.: . ,'~ ',I ~ ,<, 0;<..~~.-".; ~- t: .'A ~::;~~; 281-471-1234 Fax 281-471-5763 ( ~~~~~Jf~~I- ;..\ ~e SUD ~~ :=w igned authority, on this date came and g, a duly authorized representative of The eekly newspaper published and generally f La Porte, Harris County, Texas and who wears the attached notice was. published in ~ Gl. /0' !;Lo" '" . Sworn and subscribed before me this 1~/ ,2006. kfi ~~ ;l...li' -,- f{ day of Sandra E. Bumgarner Notary Public Harris County, Texas My Commission Exprires April 30, 2006 ;ID<H 1811 City of La Porte Established 1892 February 17,2006 Hon. Mayor Alton Porter and City Council City of La Porte Re: Special Conditional Use Penn it #SCU06~00 1 Dear Mayor Porter: The La Porte Planning and Zoning Commission, during a regular meeting on February 16,2006, considered Special Conditional Use Pennit #SCU06~001. The applicant, Dr. Marcus Aquino, M.D., seeks approval to allow a doctor's office/medical clinic to be located south of the City of La Porte Fire Station No.4 along South Broadway. After consideration, the Planning and Zoning Commission, by a unanimous vote, recommends that City Council consider approval of Special Conditional Use Penn it #SCU06-001 with the following conditions in place: 1. SCUP#06-001 is specifically limited to the Doctor's office/medical clinic. 2. Ensure that existing tree line or vegetation will be preserved off the rear property line, and landscape plan shall accompany with the site plan. 3. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. 4. Height ofthe building shall be limited to 35' as per residential area requirements. 5. Architectural of the building shall be approved by the City. 6. Additional development at site shall be subject to filing a new application for Special Conditional Use Pennit. 7. Applicant may need to coordinate with the Harris County Flood Control District (HCFCD) for any additional right-of-way required for drainage at the time of site development. 8. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Pat Muston Chairperson, Planning and Zoning Commission c: Debra B. Feazelle, City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Manager John Annstrong, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 ~H'Brr G 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 March, 2006, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU06-001, which has been requested for property located at 2910 and 2912 South Broadway (Old Highway 146), further described as TR 5B and TR 5J (020*E, Pt. TR 5B), W. P. Harris, Abstract 30, La Porte, Harris County, Texas. The applicant is seeking approval of a Special Conditional Use Permit for a doctor's office/clinic to be located in a Planned Unit Development (PUD) zone. 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. ;exHIBIT D i'~.".: ....<.. -. ',._' .,",. -', _' -~ :. ..... . P9lJNTYOF HARRIS C I 8IiY;b~Li~ORTE ..:S. 8th Street > .;.~' . I:e, Texas 77571 '.....,..... . f . .' -. c -' I .NQTI9EOF pUBlic . .1 i;..f-jEAR.IN~)...;.. fb' ,.... >'.:":~-"--:--"'-::'--::- :--',.',.:,-:>;) .)>. .';In-acCOrrj~ricl7i ' wilhllie proyisionsof See-: IIonJ06-'71 I th" e bf"Oitf """?". ~9OdE!! ~~~~~~31!~f'If~. ~A\(~fI'lll1~nt @El.nOt1ce.'l 1~.~,r~!:ly,;gi)len:'II1~th~ La .P9~~R!tY.qOijriCiI\"ill'COTl~.. !~.=~..itA:.th.'.06....~......~.....~.;.g....~..at.'1..'.....Hoaf PHoartrrel.s "0' .. ....,.".., . . . ,,)'Ltf)a.., (., .()UflCII'.. Rharriee"$ ..'ofthe';~;j T .pi .'. ~aI'''' PQ.4..~~S,f.faif'!1 of exas " .J?!i~ay.La Porte'! Te',,,,:?: . "\"'''' ." ,.,.,' ......,. f'i .... " . . ., Plll'pO$~.ofr;r J ifit%<<~~~si;I~ me, the undersigned authority, on this date came and ti'lJ {;,ared Karolyn Kellogg, a duly authorized representative of The .~. ;: ~;~.' ore Sun, a semi-weekly newspaper published and generally R;~(' ~n;.,{rt6J~{ uted in the City of La Porte, Harris County, Texas and who ~1~~'$~~~~~~}j being duly sworn, swears the attached notice was published in ~".:J'....t'...'.'.';.'.,.T. :.,...5.......B...........)....../.Yt. .....I..i.. ayshore Sun dated (/:;) 1;;2..(." /d20t:1 & . ~~~~~ '~oh~'D~velo< Iyn Kellogg B 281-471-1234 Fax 281-471-5763 re SUD and subscribed before me this ,2006. c:I r ..,H day of ..1~~A.~~ Sandra E. Bumgarner Notary Public Harris County, Texas My Commission Exprires April 30, 2006 ~H""', '~nIBrr JJ Draft City of La Porte Special Conditional Use Permit # SCU 06-001 This permit is issued to: DR. Marcus M. Aauino, M.D. Owner or Agent 406 8ay Colony Drive, La Porte TX 77571 Address For Development of: Doctor's Office (Medical Clinic) Development Name 2910 S. 8roadway (Old Hiahway 146) Address Legal Description: TR 58. TR 5J (020*E pt. TR 58), W. P. Harris, Abstract 30, La Porte, Harris County, Texas. Zoning: Planned Unit Development (PUD) Use: Doctor's Office Permit Conditions: 1. SCUP#06-001 is specifically limited to the Doctor's office/clinic. 2. Ensure that existing tree line or vegetation will be preserved off the rear property line, and landscape plan shall accompany with the site plan. 3. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. 4. Height of the building shall be limited to 35' as per residential area requirements. 5. Architectural of the building shall be approved by the City. 6. Additional development at site shall be subject to filing a new application for Special Conditional Use Permit. 7. Applicant may need to coordinate with the Harris County Flood Control District (HCFCD) for any additional right-of-way required for drainage at the time of site development. 8. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: 3/1.3 / /) (, ~ . ~~f.J Lf1/m-A~~~' City Secretary fXHiBIT ;t" Staff Report February 16,2006 ReQuest: ReQuested By: ReQuested For: Present Zonine:: Land Use Map: ReQuested Use: Back2round: Doctor's Office/Clinic Special Conditional Use Permit #06-001 Special Conditional Use Permit Request #06-001 Dr. Marcus M. Aquino, M.D. On behalf of Gary Bass, Property Owner A 2.45 acre tract, described as TR 5B and TR 5J (020*E, Pt. TR 5B), W. P. Harris, Abstract 30, La Porte, Harris County, Texas. This property is located at 2910 and 2912 South Broadway (Old Highway 146). Planned Unit Development (P.U.D.) Residential Doctor's office/clinic (SIC Code#8011) The subject property is located in the southeast portion of the City of La Porte. The site is an approximately 2.45-acre tract that fronts on South Broadway (Old Highway 146) just south of the City of La Porte Fire Station No.4. The property is oddly shaped, being approximately 80' wide on the front, 175' wide in the rear, and 650' deep. There is a 25' wide Harris County drainage easement/creek to the west of the tract identified as "West Branch Taylor Bayou". The applicant is seeking a Special Conditional Use Permit (SCUP) for the purpose of developing a one-story, 5,000 sq. ft. building with an office, day time clinic, and surgical facility at the site. Offices and clinics of physicians (M.D.) including specialists (SIC Code# 8011) are a permitted use per Section 106-441, Commercial Uses in the Code of Ordinances. All uses permitted in the residential, commercial, and industrial districts are also permitted in the Planned Unit Development (PUD) zoning districts per Section 106-657 of the Ordinance. However, a Special Conditional Use Permit is required for a development in the Planned Unit Development (PUD) district per Section 106-659 ofthe Ordinances. As per regulations, the tract of land for which a planned unit development, commercial or industrial is proposed and permit is requested, shall contain not less than five acres for commercial and industrial project. This area was annexed to the City of La Porte as a part of Municipal Utility District. This project is considered the initial phase of a multi-planned developments contained within the entire PUD, each subsequent development will require a separate SCUP. SCU06-001 February 16,2006 Page 2 of3 Analvsis: The Zoning Ordinance Section 106-217 establishes the following review criteria and conditions for approval of Special Conditional Use Permits: . That the specific use will be compatible with and not injurious to the use and enjoyment of the other property, nor significantly diminish or impair property values within the immediate vicinity. · That the conditions placed on such use, as specified in each district, have been met by the applicant. · That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints necessary to protect the public interest and welfare of the community. In addition to performance standards, there are a number of development standards that are specified by the Zoning Ordinance. These standards are applicable to all P.U.D. developments. Section 106-659 of the Code of Ordinances establishes the following criteria for review of the development projects within a P.U.D. zoning district: Uses - Review of the City's Land Use Plan indicates that this area is envisioned as a residential use. The intended use of this property is office and clinic of doctors of medicine. The other intended use is a day time surgical office/clinic for a specialist. These uses are not extensive in nature and may well blend with the surrounding uses along McCabe Road and S. Broadway. Zoning - The property is zoned PUD, where all residential, commercial, and industrial uses are permitted. A doctor's office/clinic is a permitted use in the commercial districts. Fire Station No.4 is located just north of the property at the intersection of McCabe Road and South Broadway. An old building serving as a beer garden is located to the south of this tract. Streets - The property has a front along South Broadway (Old Highway 146) south of the intersection of McCabe Road, a 100-ft. right-of-way (ROW). South Broadway and McCabe Road have adequate capacity to accommodate the traffic generated by this proposed development. The traffic circulation would not be affected with this development. Topography - This area is relatively flat and stable and should not be an obstacle to this type of development. Utilities and Drainage - There is a sufficient water distribution facility in the area to supply potable and fire protection to this proposed development. The water is available along South Broadway. The sanitary sewer will SCU06-001 February 16, 2006 Page 3 of3 Recommendation: require extension. The plan will be reviewed in detail to verify. Staff will ensure that drainage does not impact the surrounding properties. Open Space -The property adjoins the Taylor Bayou to the west. A significant area will be left undeveloped. Staff recommends that the owner/developer shall implement a landscape plan for the development site. Based on items discussed above, staff recommends approval of the Special Conditional Use Permit with the following conditions: . SCUP#06-001 is specifically limited to the Doctor's office/clinic. . Ensure that existing tree line or vegetation will be preserved off the rear property line, and landscape plan shall accompany with the site plan. · The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. · Height of the building shall be limited to 35' as per residential area requirements. · Architectural of the building shall be approved by the City. · Additional development at site shall be subject to filing a new application for Special Conditional Use Permit. · Applicant may need to coordinate with the Harris County Flood Control District (HCFCD) for any additional right-of-way required for drainage at the time of site development. · The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Options available to the Commission are: · Recommend to Council approval of this SCUP with additional conditions. · Recommend to Council denial of this SCUP. · Continue the public hearing at the Commission's next regular meeting to allow additional testimony and further study of this item. This results in tabling any action on this item McCabe Rd .. 475' .- 175' fence .- I llii Purchase of La Porte Fire Station Proposed from City future development of medical/shopping plaza 300' reek .....---- . . . . .. .- ./~ .~:~~~~125~ '....... '.......~ ........~ '.......~ .......... "........vY-v... ........~ -~vvvv,. gate/culvert g: '~~~^,,,rv.... :~:~:: - ...............:-..::-::~:::~~'.;2~=-..~...:^^........~......_ . :~:~~ Rut h ," es - .................A........^/oA........^.^....,... . .......... ......^~.........-.^,I'o,/'o.l'..........,...... ......... ....~..../......"'.."."'^'^"..... ......... . ........A.Vv"Y".~... ......... - ......~~/y~.. - ,......... . ..J'v'................vvvvv'V....-. .......... ........~...... ........... ...."'^~v. :~::~:: ..~............ ....~..,............ ._~~..:::-:. . ~ 700' ~ #SCU06-001 /' "-" REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: Michael G. Dolbv. Asst Dir of Finance Department: FINANCE Appropriation Agenda Date Requested: March 13. 2006 Report: Resolution: XX Ordinance: Source of Funds: N/A I / Account Number: NI.,~/ Amount Budgeted: / Amount Requested: NlA Exhibits: Budgeted Item: Exhibits: SUMMARY & RECOMMENDATION At this time, we would like to issue Certificates of Obligation Bonds and General Obligation Bonds for the following projects: Parks Improvement Police Headquarters Sports Complex TIRZ Infrastructure Bayshore Sewer Total $1,200,000 2,800,000 2,000,000 650,000 350,000 $7,000,000 City Council has previously approved resolutions that allow the City to reimburse itself from these bond proceeds for expenditures that were 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. In order to issue bonds, a city is required to publish a Notice of Intent (NO!) to Sale. We would like to publish the initial Notice of Intent for Certificates of Obligation in the amount of $5,800,000 on Saturday, April 1 2006; and the second notice on Saturday, April 8, 2006. We are also requesting that the previously voter approved General Obligation Bonds of $1 ,200,000 for Parks Improvement be approved for issuance. RBC Dain Rauscher, the City's Financial Advisors, is preparing and will make available to us a Preliminary Official Statement which will be reviewed and updated by staff that must also be approved by Council. Action Required bv Council: Authorize the sale of $5.8 million in Certificates of Obligation and the $1.2 General Obligation Bonds; approve and authorize the first and second publication of Notice of Intent to Issue. 3--7-ok Date RESOLUTION NO. 2006-~f.o RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT NOT TO EXCEED $6,100,000 MILLION FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS; AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH CERTIFICATES; AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE s s s WHEREAS, t4e City Council (the "City Council") of the City of La Porte, Texas (the "City"), is authorized to issue certificates of obligation to pay contractual obligations to be incurred for the construction of public works, for the purchase of materials, supplies, equipment, machinery, buildings, land and rights-of-way for authorized needs and purposes, and for the payment of contractual obligations for professional services pursuant to Subchapter C of Chapter 271, Texas Local Government Code, as amended; WHEREAS, the City Council has determined that it is in the best interests of the City and otherwise desirable to issue certificates of obligation in a principal amount not to exceed $6,100,000 styled "City of La Porte, Texas Certificates of Obligation, Series 2006" (the "Certificates") for the design, engineering, acquisition and construction of certain public works and the purchase of certain equipment for authorized needs and purposes and for the payment of contractual obligations for professional services; WHEREAS, in connection with the Certificates, the City Council intends to publish notice of its intent to issue the Certificates (the "Notice") in a newspaper of general circulation in the City; WHEREAS, for purposes of providing for the sale of the Certificates, the City Council intends to authorize the preparation of a Preliminary Official Statement (the "Preliminary Official Statement") to be used in the public offering of the Certificates; and WHEREAS, the City Council has been presented with and has examined the proposed form of Notice and finds that the form and substance thereof are satisfactory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Preamble. The facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. HOU:2554122.1 Section 2. Authorization of Notice. The City Secretary is hereby authorized and directed to deliver the Notice set forth in Exhibit A hereto and to publish such Notice on behalf of the City once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City, the date of the first publication to be at least fifteen (15) days before the date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of the Certificates. Section 3. Authorization of a Preliminary Official Statement. This City Council hereby approves the preparation and distribution by the City's financial advisor to prospective purchasers of the Certificates of the Preliminary Official Statement, as the same may be completed, modified, or supplemented with the approval of the Mayor or other authorized officers and agents of the City. Section 4. Authorization of Other Matters Relating Thereto. The Mayor, City Secretary and other officers and agents of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this Resolution. Section 5. passage. Effective Date. This Resolution shall take effect immediately upon its Section 6. Public Meeting. It is officially found, determined and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered at such meeting, including this Resolution, was given all as required by the Texas Government Code, Chapter 551, as amended. HOU:2554122.1 PASSED AND ADOPTED the .fi!aay of March _, 2006. ~?~ Mayor ATTEST: (Seal) HOU:2554122.1 EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES NOTICE IS HEREBY GIVEN that the City Council of the City of La Porte, Texas (the "City") will meet at its regular meeting place at City Council Chambers, City Hall, 604 West Fairmont Parkway, La Porte, Texas at ~~n April 24, 2006, which is the time and place tentatively set for the passage of an ordinance and such other action as may be deemed necessary to authorize the issuance of the City's certificates of obligation, payable from ad valorem taxation and a limited (in an amount not to exceed $1,000) subordinate pledge of certain revenues of the waterworks and sewer system of the City, in the maximum aggregate principal amount of $6,100,000, bearing interest at any rate or rates, not to exceed the maximum interest rate now or hereafter authorized by law, as shall be determined within the discretion of the City Council at the time of issuance and maturing over a period of years not to exceed forty (40) years from the date thereof, for the purpose of evidencing the indebtedness of the City to pay all or any part of the contractual obligations to be incurred for the construction of public works, the purchase of materials, supplies, equipment, machinery, buildings, land and rights-of-way for authorized needs and purposes, to wit (i) construction of a Police Headquarters located at 23rd Street and Spencer Highway in the City, (ii) construction of a new Sports Complex located on the south side of Spencer Highway and the eastside of Spring Creek Gulley in the City, (iii) construction of trunk sewer mains, lift station, and related facilities between Highway 146 and Broadway in the City, (iv) various additional water and sewer improvements within the City, and (v) professional services rendered in connection with the above listed projects. Dated the .et!:day o~ ' 2006 L1!ld)f/r it 1141/ City Secretary City of La Porte, Texas HOU:2554122.1 c- <~ ....--------------. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 13 200 Aoorooriation Requested By: C nthia B. Alexander Source of Funds: N/A Department: Finance Account Number: N/A Report: Resolution: _Ordinance: Amount Budgeted: N/A Exhibits: Decision Information for City Council Reserve Amount Requested: N/A Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2005-06 Budget on August 22,2005. The Summary of funds, which is shown below, represents the amendments which council previously approved to the FY-2005-06 Budget. (*denotes funds with current changes) Original Budget Previously Proposed Amended Budget Amended Budget General Fund $25,987,077 $26,087,077 $26,256,553 * Grant Fund 2,793,931 2,795,782 2,846,382 * Hotel/Motel Occupancy Tax 334,280 334,280 472,143* Community Investment 190,000 190,000 190,000 La Porte Development Corporation 740,060 740,060 740,060 Tax Increment Reinvestment zone 36,000 36,000 36,000 Utility 6,774,071 6,774,071 6,811,224* Sylvan Beach 208,683 208,683 216,881 * Airport 241,443 241,443 241,443 La Porte Area Water Authority 1,693,956 1,693,956 1,693,956 Golf Course 1,240,740 1,240,740 1,241,835* Motor Pool 1,661,304 1,661,304 2,455,900* Insurance Fund 4,017,103 4,017,103 4,017,103 Technology fund 956,611 956,611 958,068* General Capital Improvement 433,500 433,500 459,485* Utility Capital Improvement 715,000 715,000 732,950* Sewer Rehabilitation Capital Improvement 330,000 330,000 330,000 Infrastructure Fund 705,000 705,000 705,000 1998 General Obligation Bond Fund 1,207,639 1,207,639 1,207,639 2000 General Obligation Bond Fund 1,160,000 1,160,000 1,160,000 2002 General Obligation Bond Fund 732,789 732,789 732,789 2004 Certificate of Obligation Bond Fund 10,000 10,000 10,000 2005 General Obligation Bond Fund 7,700,000 7,700,000 7,700,000 2005 Certificate of Obligation Bond Fund 1,800,000 1,800,000 1,800,000 General Debt Service 2,190,671 2,190,671 2,190,671 Utility Debt Service 381,712 381,712 381,712 La Porte Area Water Authority Debt Service 771,719 771,719 771,719 Total of All Funds $ 65,013,289 $ 65,115,140 $ 66,35_9._,.~JJ. lof2 Action Required bv Council: Adopt Ordinance Amending Fiscal Year 2005-06 Budget for $50,000 for the purchase of Laser Fiche document imaging software from City Council Reserve for Special Projects. Increase capital projects budget by $23,460.00 for fence at Sylvan Beach and playground equipment at Spenwick. Also increase HotellMotel budget by $133,850 for signature & tree beautification, and increase the general fund, utility, utility capital improvement, Sylvan Beach, motor pool, general capital improvement, technology fund, hotel motel, and grant funds for $1,037,063 for encumbrances (approved on October 24,2005). Approved for City Council Aeenda I U ? LL/ 3 -Y-D& Date 20f2 ORDINANCE NO. cf2..-,7 Ci:L:-T AN ORDINANCE AMENDING THE FISCAL YEAR 2005-06 ADOPTED BUDGET OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Consistent with Chapter 102, Section 102.010 of the Local Government Code, the Budget adopted by the City Council of the City of La Porte on the~ day of ~ 2005, in Ordinance No. 2005~, is hereby amended. The Budget as amended is attached to this Ordinance as Exhibit "A", and is incorporated by reference herein as if set forth herein verbatim. 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 is 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 Chapter 551, Tx. Gov't 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. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, ./ Ordinance No.:L1~:J--' ~ Page 2 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 9. This Ordinance shall be effective upon its passage and approval. The City Secretary shall cause the budget as amended to be filed with the County Clerk of Harris County, Texas, and copies of the amended budget to be readily available to City Departments, as well as the general public. PASSED AND APPROVED this the11:. day of fY1.111lcl-- ,2006. CITY OF LA PORTE ATTEST: f'\,. ~~ By: ~~~~~ ALTON E. PORTER, MAYOR ~ W~AAAM Martha Gillette, City Secretary APPROVED: SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2005-06 Budget on August 22, 2005. The Summary of funds, which is shown below, represents the amendments which council previously approved to the FY-2005-06 Budget. (*denotes funds with current changes) Original Budget Previously Proposed Amended Budget Amended Budget General Fund Grant Fund Hotel/Motel Occupancy Tax Community Investment La Porte Development Corporation Tax Increment Reinvestment zone Utility Sylvan Beach Airport La Porte Area Water Authority Golf Course Motor Pool Insurance Fund Technology fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement Infrastructure Fund 1998 General Obligation Bond Fund 2000 General Obligation Bond Fund 2002 General Obligation Bond Fund 2004 Certificate of Obligation Bond Fund 2005 General Obligation Bond Fund 2005 Certificate of Obligation Bond Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service $25,987,077 2,793,931 334,280 190,000 740,060 36,000 6,774,071 208,683 241,443 1,693,956 1,240,740 1,661,304 4,017,103 956,611 433,500 715,000 330,000 705,000 1,207,639 1,160,000 32,789 10,000 7,700,000 1,800,000 2,190,671 381,712 771,719 $26,087,077 2,795,782 334,280 190,000 740,060 36,000 6,774,071 208,683 241,443 1,693,956 1,240,740 1,661,304 4,017,103 956,611 433,500 715,000 330,000 705,000 1,207,639 1,160,000 732,789 10,000 7,700,000 1,800,000 2,190,671 381,712 771,719 $26,256,553 * 2,846,382 * 472,143* 190,000 740,060 36,000 6,811,224* 216,881 * 241,443 1,693,956 1,241,835* 2,455,900* 4,017,103 958,068* 459,485* 732,950* 330,000 705,000 1,207,639 1,160,000 732,789 10,000 7,700,000 1,800,000 2,190,671 381,712 771,719 Total of All Funds $ 66,359,513 $ 65,013,289 $ 65,115,140 PREPARED 03/07/2006, 16,41,57 PROGRAM, GM313UR GROUP NUMBER ACCOUNTING PERIOD, GROUP USER ID GROUP CREATED BY GROUP UPDATED BY CITY OF LA PORTE BUDGET ADJUSTMENT UPDATE LIST REPRINT 01518 ENC/ROLLOVER BUDADJ 02/2006 FI_LORI PI LORI PI LORI - - - - -- - -- - - -- - - - - ~ - -- --- -- - - - - - - -- TRANS NO TRANS DATE DOCUMENT DESCRIPTION 2 TYPE - - - - - - -- - - - - - - -- - - - --- - - - - -- 100 09/30/2005 ENC/BUDADJ 200 09/30/2005 ENC/BUDADJ 300 09/30/2005 ENC/BUDADJ 400 09/30/2005 ENC/BUDADJ 500 09/30/2005 ENC/BUDADJ 600 09/30/2005 ENC/BUDADJ 700 09/30/2005 ENC/BUDADJ 800 09/30/2005 ENC/BUDADJ 900 09/30/2005 ENC/BUDADJ 1000 09/30/2005 ENC/BUDADJ 1100 09/30/2005 ENC/BUDADJ 1200 09/30/2005 ENC/BUDADJ 1300 09/30/2005 ENC/BUDADJ 1400 09/30/2005 ENC/BUDADJ 1500 09/30/2005 ENC/BUDADJ 1600 09/30/2005 ENC/BUDADJ 1700 09/30/2005 ENC/BUDADJ 1800 09/30/2005 ENC/BUDADJ 1900 09/30/2005 ENC/BUDADJ 2000 09/30/2005 ENC/BUDADJ 2100 09/30/2005 ENC/BUDADJ 2200 09/30/2005 ENC/BUDADJ 2300 09/30/2005 ENC/BUDADJ ACCOUNT NUMBER DESCRIPTION 1 001-5051-522.20-90 001-5051-522.40-02 001-5051-522.40-03 001-5252-521.20-90 001-5253-521.20-03 001-5253-521.80-21 001-5258-521.40-11 001-6146-515.80-02 001-7071-531.40-15 001-8080-552.20-03 001-8081-551.20-03 001 8081-551.20-03 001 8081 551.80-32 001 8082-551.20-03 001-8089-550.20-03 002-7087-532.20-90 002-7087 532.60-13 003-9890-725.51-10 008-8083-551.20-03 008-8083-551.20-90 009-5059-522.80-50 009-7071-531.80-50 015-9892-889.11-00 PROJECT 53.BP TXDOT 81.FC 81.MIS 81.MIS 82.MIS UTL725 GEN889 BUDGET AMOUNT 11,470.00 14,144.00 5,181.00 1,340.00 1,806.00 43,234.00 1,350.00 19,005.00 1,020.00 256.00 300.00 201.00 3,989.00 435.00 395.00 4,828.00 2,325.00 17,950.00 77.00 8,121.00 636,925.00 64,671.00 2,525.00 PAGE REPORT NUMBER ORIG(Y/N) 1 26 PREPARED 03/07/2006, 16:41:57 PROGRAM: GM313UR CITY OF LA PORTE BUDGET ADJUSTMENT UPDATE LIST REPRINT GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 01518 ENC/ROLLOVER BUDADJ 02/2006 FI_LORI FI LORI FI_LORI TRANS NO TRANS DATE DESCRIPTION 2 DOCUMENT TYPE 2400 09/30/2005 ENC/BUDADJ 2500 09/30/2005 ENC/BUDADJ 2600 09/30/2005 ENC/BUDADJ 2700 09/30/2005 ENC/BUDADJ 2800 09/30/2005 ENC/BUDADJ 2900 09/30/2005 ENC/BUDADJ 3000 09/30/2005 ENC/BUDADJ 3100 09/30/2005 ENC/BUDADJ 3200 09/30/2005 ENC/BUDADJ COUNT: AMOUNT: ACCOUNT NUMBER DESCRIPTION 1 023-6066-519.40-55 023-9904-580.20-93 028-6048-551.80-21 037-6063-565.20-75 001-5051-522.80-21 001-8080-552.40-18 002-6147-515.50-05 009-7072-532.80-50 032-5252-521.80-21 GROUP TOTALS 32 1,037,063.00 PAGE REPORT NUMBER PROJECT ORIG(Y/N) BUDGET AMOUNT 750.00 707.00 1,095.00 4,013.00 10,350.00 N 5,000.00 N 30,000.00 N 93,000.00 N LETPP 50,600.00 N 2 26 \"-~ ,,~ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested March 13,2006 Requested By: Mayor Porter Appropriation Source of Funds: Department: Maygr alld Cit?, Cgllllcil Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Amount Requested: Exhibits: Letter From City Attornev Orrlinanl'P ! gM'~ -tj F1'OYY! (~~~y IY'fjf, Budgeted Item: YES NO X Exhibits: SUMMARY & RECOMMENDATION City Manager is recommending the City conduct a sales tax election on May 13,2006. Attached is a letter from the City Attorney and an ordinance outlining the election would be for the adoption of a local sales and use tax in the City of La Porte at the rate of one- fourth of one percent to provide revenue for maintenance and repair of municipal streets. Action Required bv Council: Approve or deny ordinance approving a sales tax election to be held May 13, 2006. A \ 1-- 7 -- 0 j6 Date ' City of La Porte Interoffice Memorandum To: Mayor & City Council From: Debra Brooks Feazelle, City Manager Date: March 6, 2006 Subject: Election: Street Maintenance Sales Tax MAR 0 6 2006 C;;l ""'; ;;;. '~-.,: ,,'" ....,... For the City Council Meeting on March 13th there will be an item follow-up for Street Maintenance Sales Tax. The issue will be one of timing. For further information, please review the four attachments: o Letter from Knox Askins re: Agenda Request for March 13, 2006 Meeting concerning proposition of adopting a one-fourth of one percent sales and use tax for maintenance and repair of municipal streets o Memo from Martha Gillett re: November Sales Tax Elections o Agenda Item from January 9,2006 Council Meeting regarding Street Maintenance Sales Taxes o List of Potential Street Maintenance Projects from Steve Gillett This is a heads up; if you have any questions, please advise. DBFJdb ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 121B LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CLARK T. ASKINS TELEPHONE 281.471.1886 TELECOPIER 281.471.2047 K A SKINS@HOUSTON.RR.COM .JOHN- A@SWBELL.NET eTA SKINS@SWBELL.NET February 27, 2006 Hon. Mayor & City Council City of La Porte City Hall La Porte, Texas Re: Agenda Request for March 13, 2006, Meeting Gentlemen: As requested by Ms. Feazelle, I have prepared and enclose herewith form of ordinance calling a special election on May 13, 2006, on the proposition of adopting a one-fourth of one percent sales and use tax for maintenance and repair of municipal streets. This election would be held pursuant to Chapter 327, Texas Tax Code, a copy of which is attached to this letter. The same schedule would be followed as provided for the in the ordinance calling the election on the same date, for the election of a Mayor and Councilpersons for Districts 2 and 3. Monday, March 13, 2006, is the last date which this election may be called for a May 13, 2006, election date. The next uniform election date would be November 7, 2006. An election held on the November date would have to be held using Harris County precincts on the same day as the state and county general elections. If City Council approves this ordinance on March 13, 2006, I will immediately file an application with the U.S. Department of Justice, Voting Rights Division, for preclearance of this special election. Y~tC!i4 Knox W. Askins City Attorney City of La Porte () .~ KWA: sw Enclosure cc: Ms. Debra Brooks Feazelle, city Manager Mr. John Joerns, Assistant City Manager Ms. Cynthia Alexander, Assistant City Manager Ms. Martha A. Gillett, City Secretary (- " \J r- .-- / 0. ~ ORDINANCE NO. 2006 - J. '(1 S AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF LA PORTE, TO PERMIT VOTING FOR OR AGAINST THE PROPOSITION: "THE ADOPTION OF A LOCAL SALES AND USE TAX IN THE CITY OF LA PORTE AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS" , DESIGNATING VOTING PRECINCTS AND POLLING PLACES, PROVIDING FOR THE USE OF VOTING MACHINES, PROVIDING FOR METHOD AND DATES OF EARLY VOTING, PROVIDING FOR AN EARLY VOTING BALLOT BOARD, PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION, PROVIDING FOR NOTICE, PROVIDING A SAVINGS CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Sect ion 1 . A special election shall be held within the corporate limits of the City of La Porte, Texas, on the 13th day of May, 2006, such day being the second Saturday in May, 2006, ~ between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., to permit voting for or against the proposition: "The adoption of a local sales and use tax in the City of La Porte at the rate of one-fourth of one percent to provide revenue for maintenance and repair of municipal streets". Sect ion 2. Said election shall be held at each of the following voting places within said city, and the following named persons are hereby appointed as officers of said election, to-wit: Election Precinct #1 Polling Place: Baker School (Entry Area) 6000 West Main Street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the Union Pacific Railroad and "Old" Underwood Road; THENCE south along Underwood Road to the north boundary line of the Creekmont subdivision; THENCE east along the north boundary line of the Creekmont subdivision to Big Island Slough; THENCE south along Big Island Slough to Meadow Place as projected west; THENCE east along Meadow Place to the west boundary line of the La Porte Airport; THENCE north along the west boundary line of the La Porte Airport to the north boundary line of the La Porte Airport; THENCE east along the north boundary line of the La Porte Airport and continue to project east along this same line to Sens Road; THENCE north along Sens Road to the Union Pacific Railroad; THENCE west along the Union Pacific Railroad to Underwood Road the POINT OF BEGINNING. Election Officials: Joeena Davis, presiding Judge Melody Elledge, Alternate Presiding Judge Election Precinct #2 Polling Place: Baker School (Entry Area) 6000 West Main Street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of Underwood Rd. and Spencer Highway; THENCE west along Spencer Highway to the west La Porte City Limit Line west of Luella Blvd; THENCE south along the west La Porte City Limit Line to Fairmont Parkway; THENCE east along Fairmont Parkway to Underwood Rd; THENCE north along Underwood Rd. to Spencer Highway the POINT OF BEGINNING. Election Officials: Joeena Davis, Presiding Judge Melody Elledge, Alternate Presiding Judge 2 Election Precinct #3 Polling Place: Baker School (Entry Area) 6000 West Main Street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of Underwood Road and the north boundary line of the Creekmont subdivision; THENCE south along Underwood Road to Fairmont Parkway; THENCE east along Fairmont Parkway to Big Island Slough; THENCE north along Big Island Slough to Spencer Highway; THENCE east along Spencer Highway to Glen Meadows Drive as projected south; THENCE north along Glen Meadows Drive to Meadow Place; THENCE west along Meadow Place, as proj ected west to Big Island Slough; THENCE north along Big Island Slough to the north boundary line of the Creekmont subdivision; THENCE west along the north boundary of the Creekmont subdivision to Underwood Road the POINT OF BEGINNING. Election Officials: Joeena Davis, presiding Judge Melody Elledge, Alternate presiding Judge Election Precinct #4 Polling Place: La Porte High School Student Center 301 East Fairmont Parkway La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the Union Pacific Railroad and Sens Road; THENCE south along Sens Rd. to the north boundary of the La Porte Airport as projected east; 3 THENCE west along the projected north boundary line of the La Porte Airport to the east boundary line of the Airport; THENCE south along the east boundary line of the La Porte Airport to Spencer Highway; THENCE east along Spencer Highway to the Union Pacific Railroad; THENCE south along the Union Pacific Railroad to Fairmont Parkway; THENCE east along Fairmont Parkway to South Broadway (Old Hwy 146) ; THENCE north along South Broadway to East "G" St.; THENCE northeasterly along East "GH St. to South Iowa; THENCE northwesterly along South Iowa to East "F" St.; THENCE northeasterly along East "F" St. to South Ohio; THENCE northwesterly along South Ohio to East "E" st.; THENCE northeasterly along East "E" St. to the northeast La Porte City Limit Line; THENCE northwesterly along the northeast La Porte City Limit Line to North "E" st.; THENCE west along North "E" St. to North Blackwell; THENCE north along North Blackwell to Barbours Cut Blvd.; THENCE west along Barbours Cut Blvd. to North Broadway; THENCE north along North Broadway to Union Pacific Railroad; THENCE west along the Union Pacific Railroad to Sens Rd. the POINT OF BEGINNING. Election Officials: Mary Ann Trainer, presiding Judge Norma Repman, Alternate Presiding Judge Election Precinct #5 Polling Place: La Porte High School Student Center 301 East Fairmont Parkway La Porte, Texas 77571 4 Boundaries: TRACT ONE BEGINNING at the intersection of East "E" St. and the northeast La Porte City Limit Line; THENCE southeasterly along the La Porte City Limit Line to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the southern La Porte City Limit Line and the northern Shoreacres city Limit Line; THENCE west along the southern La Porte City Limit Line to the west right-of-way line of state Highway 146; THENCE north along the west right-of-way line of State Highway 146 to McCabe Rd.; THENCE west along McCabe Rd. to Union Pacific Railroad; THENCE north along Union Pacific Railroad to Fairmont Parkway; THENCE east along Fairmont Parkway to South Broadway (Old Hwy 146) ; THENCE north along South Broadway to East "G" st. ; THENCE northeasterly along East "G" st. to South Iowa; THENCE northwesterly along South Iowa to East "F" St. ; THENCE northeasterly along East "F" St. to South Ohio; THENCE northwesterly along South Ohio to East "E" St. ; THENCE northeasterly along East "E" St. to the northeast La Porte City Limit Line the POINT OF BEGINNING. TRACT TWO BEGINNING at the intersection of South Broadway (Old Hwy 146) and the city of Shoreacres southern City Limit Line; THENCE east along Shoreacres southern City Limit Line to the shoreline of Galveston Bay; THENCE southerly meandering the shoreline of Galveston Bay to the southernmost La Porte City Limit Line; THENCE west along the southernmost City Limit Line to South Broadway (Old Hwy 146); 5 THENCE north along South Broadway to the southern City Limit Line of city of Shoreacres being the POINT OF BEGINNING. Election Officials: Mary Ann Trainer, presiding Judge Norma Repman, Alternate Presiding Judge Election Precinct #6 Polling Place: Baker School (Entry Area) 6000 West Main Street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of Big Island Slough and Spencer HighwaYi THENCE south along Big Island Slough to Fairmont ParkwaYi THENCE east along Fairmont Parkway to the Union Pacific Railroadi THENCE north along the Union Pacific Railroad to Spencer HighwaYi THENCE west along Spencer Highway to the east boundary line of the La Porte Airporti THENCE north along the La Porte Airport east boundary line to the north boundary line of the airport; THENCE west along the La Porte Airport north boundary line to the west boundary line of the airporti THENCE south along the west boundary of the La Porte Airport to Meadow Place as projected east; THENCE west along Meadow Place to Glen Meadows Dr.; THENCE south along Glen Meadows Dr. and as projected south to Spencer HighwaYi THENCE west along Spencer Highway to Big Island Slough the POINT OF BEGINNING. 6 Election Officials: Joeena Davis, presiding Judge Melody Elledge, Alternate presiding Judge Early Voting Place: La Porte city Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Bilingual Election Clerk: Barbara Eldridge section 3. Voting at said election, including early voting, shall be by the use of voting machines, and the ballots of said election shall conform to the Texas Election Code, as amended. section 4. An Early Voting Ballot Board is hereby created to process Early Voting results for the election and the runoff election, if necessary. Peggy Holland is appointed Presiding Judge of the Early Voting Ballot Board. At least two (2) other members of the Early voting Ballot Board shall be appointed by the Presiding Judge, in the same manner as the precinct election clerks. Early Voting by personal appearance shall begin on the 12th day and shall continue through the 4th day preceding the day of election. Early Voting by mail shall begin on the 45th day preceding the date of the election, or as soon thereafter as ballots are available, and shall continue until seven o'clock (7:00) P.M. on election day. Early Voting shall be conducted by a clerk for Early Voting, namely, Martha A. Gillett, and the place at which the Early Voting shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot 7 applications and ballots voted by mail may be mailed. Early Voting by personal appearance shall begin on the 17th day and continue through the 4th day preceding the day of election. Early voting by personal appearance shall be conducted on the weekdays of the early voting period, from 8:00 a.m. to 5:00 p.m., except for Wednesday, May 3, 2006, and Tuesday May 9, 2005, from 7:00 a.m. to 7:00 p.m.; and on Saturday, May 6, 2006, from 8:00 a.m. to 5:00 p.m. section 5. The City Secretary's election office in the La Porte City Hall is hereby designated as the Central Counting Station to receive all ballots cast at said election, and Martha A. Gillett is hereby appointed the presiding Manager for said Central Counting Station, and Sharon Harris is hereby appointed the Alternate Presiding Manager for said Central Counting Station. Said Manager shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Manager in this regard. The city Manager is hereby authorized and directed to obtain, or cause to be obtained, the necessary electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the processing and tabulation of ballots at the Central Counting Station. Section 6. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all early voting 8 materials shall be printed in both English and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The City Secretary of the City of La Porte shall forthwith issue Notice of said election by causing a substantial copy of this Ordinance to be published one time in the BAYSHORE SUN, which is hereby found and declared to be a newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. Section 8. Said election shall be held in accordance with the provisions of the city Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 9. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the city Council of the City of La Porte, and the city Council shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results of the election. Section 10. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the city of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid 9 portion shall be in force just as if it had been passed alone. section 11. This Ordinance shall be in effect immediately upon its passage and approval. section 12. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The city Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED, this 13th day of March, 2006. C:r\Y . OF LA PORTE ~~~~ Alton E. Porter, Mayor By: LJJiT: tJuk ~ w. Martha A. Gl~t city Secretary AP~tJ~ Knox W. Askins city Attorney 10 TAX CODE CHAPTER 327. MUNICIPAL SALES AND USE TAX FOR STREET MAINTENANCE Sec. 327.001. DEFINITION. In this chapter, "municipal street" means the entire width of a way held by a municipality in fee or by easement or dedication that has a part open for public use for vehicular travel. The term does not include a designated state or federal highway or road or ~ designated county road. Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001. Sec. 327.002. MUNICIPAL SALES AND USE TAX ACT APPLICABLE. Except to the extent that a provision of this chapter applies, Chapter 321 applies to the tax authorized by this chapter in the same manner as that chapter applies to the tax authorized by that chapter. Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001. Sec. 327.003. TAX AUTHORIZED. (a) A municipality may adopt the sales and use tax authorized by this chapter at an election held in the municipality. (b) A municipality may not adopt a tax under this chapter or increase the rate of the tax if as a result of the adoption of the tax or the increase in the rate of the tax the combined rate of all sales and use taxes imposed by the municipality and other political subdivisions of this state having territory in the municipality would exceed two percent at any location in the municipality. (c) If the voters of a municipality approve the adoption of the tax or the increase in the rate of the tax at an election held on the same election date on which another political subdivision adopts a sales and use tax or approves the increase in the rate of its sales and use tax and as a result the combined rate of all sales and use taxes imposed by the municipality and other political subdivisions of this state having territory in the municipality would exceed two percent at any location in the municipality, the election to adopt a sales and use tax under this chapter has no effect. Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001. Amended by Acts 2003, 78th Leg., ch. 403, Sec. 1, eff. June 20, 2003. Sec. 327.004. TAX RATE. The tax authorized by this chapter may be imposed at the rate of one-eighth of one percent or one- fourth of one percent. Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001. Amended by Acts 2003, 78th Leg., ch. 403, Sec. 2, eff. June 20, 2003. Sec. 327. 005 . SALES AND USE TAX EFFECTIVE DATE. (a) The adoption of the tax or the change in the rate of the tax takes effect on the first day of the first calendar quarter occurring after the expiration of the first complete calendar quarter occurring after the date on Which the comptroller receives notice of the results of the election. (b) If the comptroller determines that an effective date provided by Subsection (a) will occur before the comptroller can reasonably take the action required to begin collecting the tax, the effective date may be extended by the comptroller until the first day of the next succeeding calendar quarter. Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001. Amended by Acts 2003, 78th Leg., ch. 403, Sec. 3, eff. June 20, 2003. Sec. 327.006. ELECTION PROCEDURE. (a) An election to adopt the tax authorized by this chapter is called by the adoption of an ordinance b~ the governing body of the municipality. (b) At an election to adopt the tax, the ballot shall be prepared to permit voting for or against the proposition: "The adoption of a local sales and use tax in (name of municipality) at the rate of (insert one-eighth of one percent or one-fourth of one percent) to provide revenue for maintenance and repair of municipal streets." Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001. Amended by Acts 2003, 78th Leg., ch. 403, Sec. 4, eff. June 20, 2003. Sec. 327.0065. RATE CHANGE. (a) A municipality that has adopted a sales and use tax under this chapter at a rate of one- fourth of one percent may by ordinance decrease the rate of the tax to one-eighth of one percent. (b) A municipality that has adopted a sales and use tax under this chapter at a rate of one-eighth of one percent may by ordinance increase the rate of the tax to one-fourth of one percent if the increase is authorized at an election held in the municipality. (c) The ballot for an election to increase the tax shall be printed to permit voting for or against the proposition: "The adoption of a local sales and use tax in (name of municipality) at the rate of one-fourth of one percent to provide revenue for maintenance and repair of municipal streets." Added by Acts 2003, 78th Leg., ch. 403, Sec. 5, eff. June 20, 2003. Sec. 327.007. REAUTHORIZATION OF TAX. (a) Unless imposition of the sales and use tax authorized by this chapter is reauthorized as provided by this section, the tax expires on: (1) the fourth anniversary of the date the tax originally took effect under Section 327.005; or (2) the first day of the first calendar quarter occurring after the fourth anniversary of the date the tax was last reauthorized under this section. (b) An election to reauthorize the tax is called and held in the same manner as an election to adopt the tax under Sectiori 327.006, except the ballot proposition shall be prepared to permit voting for or against the proposition: "The reauthorization of the loqal sales and use tax in (name of municipality) at the rate of (insert appropriate rate) to continue providing revenue for maintenance and repair of municipal streets." (c) If an election to reauthorize the tax is not held before the tax expires as provided by Subsection (a), or if a majority of the votes cast in an election to reauthorize the tax do not favor reauthorization, the municipality may not call an election on the question of authorizing a new tax under this chapter before the first anniversary of the date on which the tax expired. (d) Not later than the lOth day after the date the municipality determines that the tax will expire as provided by Subsection (a), the municipality shall notify the comptroller of the scheduled expiration. The comptroller may delay the scheduled expiration date if the comptroller notifies the municipality that more time is required. The comptroller must provide a new expiration date that is not later than the last day of the first calendar quarter occurring after the notification to the comptroller. Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001. Amended by Acts 2003, 78th Leg., ch. 403, Sec. 6, eff. June 20, 2003. Sec. 327 . 008 . USE OF TAX REVENUE. Revenue from the tax imposed under this chapter may be used only to maintain and repair municipal streets existing on the date of the election to adopt the tax. Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001. CITY OF LA PORTE CITY SECRETARY'S OFFICE INTEROFFICEMEMORA.NDUM TO: Mayor and City Council FROM: Martha Gillett, City Secretary, TRMC, CMC SUBJECT: November Sales Tax Elections DATE: February 8, 2006 In the attached memorandum from City Attorney Knox Askins, he requests I contact Harris County regarding the availability of election equipment and staff support should the City of La Porte have a Sales Tax Election on November 7, 2006. If you recall, recent legislative changes require joint elections with the County if you have an election in November. When I researched the matter I found that Harris County and surrounding cities were exempt. However, I contacted John German, Election Administrator's office today and was advised if we hold an election on November 7th, we would be required to have a joint election with Harris County because they don't have enough equipment or staff to host single elections on that date. This would mean. we would be on the county ballot with all other issues and subject to voting at their precinct polling locations. Even prior to the legislative changes, they were requiring joint elections. Last November that had nine area entities on their ballot. Let me know if you have any questions regarding this matter. c: Debra B. Feazelle John Joerns Cynthia Alexander ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 121B LA PORTE. TEXAS 77572-1218 KNOX W. ASKINS JOHN O. ARMSTRONG CLARK T. ASKINS TELEPHONE 281.471.1886 TELECOPIER 281.471.2047 K ASKINS@HOUSTON.RR.COM ,JOHN-A@SWBELl.NET CTASKINS@SWBELL.NET February 7, 2006 Ms. Debra Brooks Feazelle City Manager City of La Porte !iJ~ ~F:::CF: . '" IV K"" . PEB ~D Crry... 0 8 200r . ~'l:cl(. u oJ:[:', l:r.qb. 'CE: "" 1"'8 Mr. John Joerns Assistant City Manager City of La Porte Ms. Cynthia Alexander Assistant city Manager City of La Porte ~ Martha A. Gillett City Secretary City of La Porte Re: Sales Tax Election Dear Folks: As you know, the 2005 session of the Legislature amended the Texas Election Code, to provide for uniform election dates in May, and on the first Tuesday after the first Monday in November. It is my understanding that city staff is contemplating a special election for sales tax purposes, for the November election date. A sales tax election may be held on the November uniform election date, under the Texas Election Code. However, a general election for state and county officers, will be held on November 7, 2006, at the standard Harris County election precincts. The City of La Porte has its own unique election precincts, as approved by the U.S. Justice Department as part of the most recent Council redistricting. These unique election precincts do not follow Harris County precincts. Therefore, if the sales tax election is held on that date, voters will have to vote at separate locations, in the City election, and the general election for state and county officers. Another issue which Martha Gillett should explore, is whether the Harris County voting mach1ne department would have adequate equipment, and consulting perSonnel, available to the C~ty of La Porte for a November 7, 2006, election, in view of the fact that a general election will be held on the same day. ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW Ms. Debra Brooks Feazelle February 7, 2006 Page 2 A special sales tax election will require pre-clearance by the U.S. Justice Department. I would therefore appreciate you giving me as much lead time as possible, before the election, to obtain this pre-clearance. Yours very truly, ./-" / ^ oa~i Knox W. Askins City Attorney city of La Porte KWA: sw REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Janua Appropriation Reqnested By: Source of Funds: N/A Department: ~ A NeE Account Number: N/A Report: Resolution: Ordinance: Amount Budgeted: Nt A Exhibits: Amount Requested. Exhibits: Street Maintenance Sales Tax Exhibits: SUMMARY & RECOMMENDATION Review and discuss Street Maintenance Sales Taxes. Action Reauired bv Council: Provide staffwith direction on an election for the Street Maintenance Sales Tax. ADDroved for City Council A2enda M1L~l(vA~1{ j~ Debra Feazell~ City Manager / - rf -() /p Date L.. --- co Cl. 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'1J:.-:t G cl 5-11 ~ Tiel}- Year after year, many Texas cities find maintaining and repairing city streets an ever-growing expense. Recognizing this, the 2001 Legislature added Chapter 327 to the Texas Tax Code, allowing cities to adopt a dedicated local sales tax for street maintenance and repair at a rate of up to 0.25 percent. In the three and a half years since Chapter 327 became law, III Texas cities have adopted this form of local sales tax. Since becoming law, the tax has been the most popular form of additional local sales tax, adopted by more cities than any other tax. Dwindling funds All cities in Texas are eligi- . '~ for the street maintenance .es tax, as long as the over- all local sales tax rate does not exceed 2 percent. Voters must approve the sales tax for street maintenance. The adopted tax is effective for four years, after which time it either expires or is renewed through another election. Danny Valenzuela, city man- ager of Fort Stockton, said a lack of funding that resulted in 19 years of neglect to the city's streets prompted the West Texas city to seek voter ap- proval to adopt the street main- tenance sales tax in May 2002. "The city's streets were in ill repair, and something had to be done," said Valenzuela. "This past year, the city developed _ an eight-year plan to patch and seal coat all streets within the city, starting with those in most danger of collapse." Valenzuela said the tax also provided much needed revenue to repair damage to ',eets caused by flooding Jm a record rainfall in 2004. Haltom City, just north of Fort Worth, adopted the tax in November 2001. "Haltom City is about 55 years old, and we needed to reconstruct and overlay a num- ber of streets throughout the city,. said David Fain, director of public works for the city. Haltom City is undertaking a capital improvement program and has budgeted $2.2 million for street reconstruction in 2005, Fain said "This year's allocation of street maintenance sales tax should generate enough rev- enue to cover over one-third of that obligation," he said Christopher Boone, the public works director for West Orange in East Texas, credited the tax with his city's street improvements. When voters passed the tax, the city council approved a four-year plan for street improvements, he said. The tax provided revenue needed to make lasting repairs rather than continuing the practice of just keeping things patched together, Boone said. Roy McDonald, mayor of West Orange, said the tax is a great source of revenue. "Our people like it,. McDon- ald said. "We've been able to do things we would not have been able to do, and the tax has freed up other funds within the city's budget, allowing us to fund other needed projects." McDonald said using a sales tax for street maintenance versus property taxes eases the burden on residents by placing it on everyone who drives on the city streets. Eye on the future McDonald would like to see the Legislature make the tax permanent instead of having it expire after four years. Bennett Sandlin, general counsel for the Texas Munici- pal League (TML), said mak- ing the tax permanent would help cities. "TML supports the idea of giving voters an 'opt out' provision for the street sales tax rather than just having it expire after four years," Sand- lin said "That would make it consistent with the way most other city sales taxes are struc- tured, and making this needed change to the street sales tax would also enhance a city's ability for future planning." More information on the sales tax for street main- tenance may be found at: <www.window.state.tx.us/ 19a1streetmtnc.html>. .... The city's streets were in iU repair, and something had to be done. Bob Bearden Big and small repairs Only cities are eligible to adopt the street maintenance sales tax enacted by the 2001 Legislature. Since 2002, cities as small as the town of Anderson, with a population of 257, or those as large as Arlington, with a population of 332,969, have adopted the tax. m il/I Number of cities II' I I Ii that adopted the tax . . .:. I 1,/ 2002 2003 2004 2005 -, IF\\\ /,/ ,. I , i i I Window on Texas Local (Jovsrnnumi. April 2005 5 September 2003 If the voters of a municipality adopt the street maintenance sales tax at an election held on the same date on which another political subdivision adopts a sales and use tax or approves the increase in the rate of its sales and use tax and as a result the combined rate of all sales and use taxes imposed by the municipality and other political subdivisions would exceed 2 percent at any location in the municipality, the election to adopt a street maintenance sales tax will have no effect. For more information, visit our Web site <http://www.window.state.tx.us/lga/> Receive help via e-mail atlocal.govt@cpa.state.tx.us Many Texas cities do not have the funds necessary to repair existing roads. Recognizing this, the 2001 Texas Legislature passed House Bill 445, which allows cities to raise their local sales tax rate by 0.25 percent if the funds are dedicated to street maintenance and repair. WHO IS ELIGIBLE? Cities may impose the tax, with voter approval, if the new combined local sales tax rate will not exceed 2 per- cent, as provided in the Tax Code, 9327.003(b). ELECTION IS REQUIRED The voters must approve the addi- tional sales tax. The city's governing body must adopt an ordinance calling for the election at least 62 days before it is held. When can election be held? The election must be held on one of the following uniform election dates: . the first Saturday in February; . the third Saturday in May; . the second Saturday in September; or . the first Tuesday after the first Monday in November. Ballot language At the election to adopt the addi- tional tax, a ballot must allow voters the choice of voting for or against the proposition. Following is the required ballot language: The adoption of a local sales and use tax m mame of municipality) at the rate of (insert one-eighth of one percent or one-fourth of one percent) to provide revenue for maintenance and repair of municipal streets. The permissable rates are 1/8 and 1/4 of 1 percent. [Refer to V.T.CA., Tax Code 9327.006(b).] Election results If the election is successful, within 10 days of the election the city must, by resolution or ordinance entered in its minutes of proceedings, declare the results of the election. The resolution or ordinance must include statements showing: . the date the election was held; . the wording of the proposition; . the total number of votes cast for and against the proposition; and . the number of votes by which the proposition passed. [Refer to V.T.CA, Tax Code 9321.405] EFFECTIVE DATE The tax will become effective on the first day of the first calendar quarter after one complete calendar quarter passes from the date the Comptroller receives the city's notice that voters have approved the tax. [Refer to V.T.CA, Tax Code 9327.005] For example, if voters approve the tax in an election held in May 2004 and send the election results to the Rev- enue Accounting, Tax Allocation Sec- tion of the Comproller's Office by the end of June, the tax would take effect on October 1, 2004. The city would then begin receiving revenue from the Comptroller beginning with its Decem- ber 2004 sales tax allocation. ADMINISTRATION OF THE TAX The city does not have to form a devel- opment corporation or create a special district to administer the street main- tenance sales tax. The city administers the tax directly but should account for the funds separately, since the use of the tax is restricted. USE OF THE STREET MAINTENANCE SALES TAX The sales tax may be used only to maintain and repair municipal streets that existed on the date of the election to adopt the tax. It may not be used to build new streets. In addition, the city may not pledge the revenue received from the tax to the payment of bonds or other indebtedness. [Refer to V.T.CA., Tax Code 9327.008] UMunidpal StreetsR Defined 'vlunicipal street means the entire ."idth of right of way designated by a city for vehicular travel. The term does not include a designated state or fed- eral highway or road or a designated county road. [Refer to V.T.CA, Tax Code 9327.001] EXPIRATION AND REAUTHORIZATION OF THE TAX The street maintenance sales tax expires four years after it takes effect unless voters authorize continuance in an election held for that purpose. The election to reauthorize the tax must be held on one of the four uniform elec- . tion dates listed above. The ballot proposition language should read as follows: "The reauthorization of the local sales and use tax in (name of municipality) at the rate of (insert 1/8 of 7 percent or 1/4 of 7 per- cent) to continue providing revenue for maintenance and repair of municipal streets. " The municipality must notify the Comptroller of the scheduled expira- tion or successful continuance before the date the tax is to expire. [Refer to V.T.CA., Tax Code 9327.007] If an election to reauthorize the tax is not held before the tax expires or if votes cast in an election to reauthorize the tax do not favor reauthorization, the municipality may not call an elec- tion on the question of authorizing a new tax under this chapter before the first anniversary of the date on which the tax expired. NEED MORE INFORMATION For more information about the street maintenance sales tax, call the Comp- troller's Local Government Assistance section toll free at 1-800-531-5441, eX!. 3-4679. * Receive fax help via e-mail af local.govt@cpa.state.tx.us * For more information, visit our Web site www.w;ndow.sfate.tx.usJlga/ If~!:~!i~~n!~in!~ad~~!fJficta~Ple~fut~tujLZree! TmsCillaptnlluofPUilcAaaonlts ~DH40 ....A8glISt2IIJ For addltiDniI copies write: Tens Comptroller DfPubrdalluats 111 E. mh Street Austin, Tens 78774-0100. 1 -800-862-2260 Cigarette and Tobacco 1-800-252-5555 911 Emergency Service/Equalization Surcharge Automotive Oil Fee Battery Fee Boat and Boat Motor Sales Tax Fireworks Tax Mixed Beverage Tax Off-Road, Heavy-Duty Diesel Equipment Surcharge Oyster Fee Sales and Use Taxes Telecommunications Infrastructure Fund 1-800-252-1381 Bank Franchise Franchise Tax 1-800-252-1382 Manufactured Housing Tax MotorVehide Sales Surcharge, Rental and Seller Financed Sales Tax Motor Vehide Registration Surcharge 1-800-252-1383 Fuels Tax LG Decals Petroleum Products Delivery Fee School Fund Benefit Fee 1-800-531-5441 Cement Tax Inheritance Tax Local Revenue Miscellaneous Gross Receipts Taxes 011 Well Servicing Tax Sulphur Tax 1-800-252-1384 Coastal Protection Natural Gas Tax Oil Production Tax 1-800-252-1385 Coin Operated Machine Tax HotelOccupancyTax 1-800-252-1386 Certificates of Account StatuslGood Standing Officer and Director Information 1-800-252-1387 Insurance Tax 1-800-654-3463 Unclaimed Property Name . Searches 512/463-3120 {Austin) 1-800-321 -2274 Undaimed Property. Caimants 512/936-625S (Austin) Undaimed Property Holders 5121936-6246 (Austin) .,..,lsIt _Welt silut: <lon.:f/www.llill......state.tLuSl 19..._lIIItIIC.ktml> Tht Tom Camptroller rlPub6cAaoanu is .. eqlllf apportuoily ernpIo,er .nd does IIDl disaImina~..1IIe IwIs of -. color. mJgion. sa. natioNl origin. .go. or dilibillty in empIayment or i. tht plIlVisillll of ''''smias. pmgroms or Kllvilies. ill compJlonc! wilII1IIe Amuians willi DilibDilie5 Act.1his doaJment mar be roquested in .It!rrIoIMfannm bJ caIIng the .ppropriate 1IlII...... nUlllber &s1ed .!ll!ft, or by ailing: (512) 463-4600 In Aus1In (Sl21475-09DO (fAX). Fram.ll!1ecollllfWlliationsDevicl!for till! Deaf (TDO),1lIf huring ...,.Ir!d lD- poym moy coli blIl hel! 1-800-248-4099, 01 they RIO' elll vio '-IlOD-AElAY-TX.ln Aas1ln, tbl!IoClllTDDllUlIIboris463-4621. - - . CAROLE KEETON STRAYHORN · Texas Comptroller of Public Accounts - Public Works Department FY 05-06 Streets Division Expenditure Summary Actual Budget Estimated Adopted Percent 2003-04 2004-05 2004-05 2005-06 Change Personal Services 1,345,490 1,395,058 1,346,081 1,416,640 1.55% Supplies 86,334 107,291 123,027 127,522 18.86% Services & Charges 565,216 594,273 593,973 642,341 8.09% Capital Outlay 26,840 58,200 48,000 53,000 -8.93% Division Total 2,023,880 2,154,822 2,111,081 2,239,503 3.93% Scope of Services Summary The Streets Division is responsible for maintaining all City streets. The Street Maintenance crew in this Division performs job functions such as street and drainage reconstruction, patching, seal, coating, overlay and crack sealing. Other tasks include: mowing, mosquito control, traffic control and airport maintenance. Personnel Position Roster Approved Approved Approved 2003-04 2004-05 2005-06 Street Maint. Superintendent 1 1 1 Street Maint. Supervisor 3 3 3 Senior Equipment Operator 6 6 6 Equipment Operator IT 6 6 6 Equipment Operator I 12 12 12 Total 28 28 28 " o..~-7~71-531 City of La Porte, Texas ~ffS) 06b - ~ Streets Detail of Expenditures Actual Budget Estimated Adopted 2003-04 2004-05 2004-05 2005-06 Personal Services: 1010 Regular Earnings 968,458 1,031,817 961,407 995,842 1020 Overtime 24,903 27,000 27,000 27,000 1030 Certification 994 1,040 1,144 1,248 1035 Longevity 15,844 17,024 16,380 16,320 1060 FICA 74,960 80,006 72,378 76,332 1065 Retirement 119,149 128,136 122,753 131,063 1080 Insurance - Medical 140,000 144,200 144,200 168,000 1081 Insurance - Life 1,182 835 819 835 1099 Attrition (35,000) Personal Services Subtotal 1,345,490 1,395,058 1,346,081 1,416,640 Supplies: 2001 Office Supplies 937 2003 Protective Clothing 444 850 700 850 2004 Gas and Oil 43,715 43,641 55,488 64,872 2005 Minor Tools 949 1,000 1,000 1,000 2007 Chemical 13,165 30,000 29,000 30,000 2010 Traffic 25,832 27,500 27,500 27,500 2015 Other Supplies 1,427 1,400 1,400 1,400 2090 Machineryffoo1s/Equipment 802 2,900 7,002 1,900 Supplies Subtotal 86,334 107,291 123,027 127,522 Services & Charges: 3001 Memberships & Subscriptions 237 210 350 350 3020 Training/Seminars 1,774 2,500 2,500 2,500 , 4002 MachineryffoolslEquipment 11,428 12,000 14,000 3,000 4003 Radios and Base Stations 978 1,000 1,000 1,000 4004 Traffic Signal Maintenance 13,000 4015 Paving 99,985 154,000 153,000 155,000 4019 Rental of Equipment 650 2,000 220 220 4020 Motor Pool Lease Fees 170,370 151,200 151,200 188,136 4030 VM: Fleet Maintenance 246,860 240,833 240,833 247,239 4055 Computer Software 5,200 2,600 2,600 2,600 4060 Computer Lease Fees 4,896 3,147 3,147 2,271 4065 Computer Maintenance Fees 7,573 8,983 8,983 9,825 5002 Engineering 1,497 1,500 1,500 1,500 5007 Other Professional Services 585 800 940 1,000 6001 Uniforms 8,228 8,000 8,200 8,200 6002 Printing and Production 1,000 6009 Landfills Charges 683 1,000 1,500 1,000 7001 Electrical 4,272 4,500 4,000 4,500 Services & Charges Subtotal 565,216 594,273 593,973 642,341 Continued City of La Porte, Texas Streets, Continued 001-7071-531 Detail of Expenditures Actual Budget Estimated Adopted 2003-04 2004-05 2004-05 2005-06 Capital Outlay: 8021 Machineryrr oo1slEquipment 5,200 8027 Traffic Control Devices 3,000 3,000 3,000 8029 Paving 26,840 50,000 45,000 50,000 Capital Outlay Subtotal 26,840 58,200 48,000 53,000 Division Total 2,023,880 2,154,822 2,111,081 2,239,503 Green, Shannon From: Sent: To: Subject: Alexander, Cynthia Monday, November 07, 2005 1 :50 PM Green, Shannon; Dolby, Michael FW: Grand Prairie: quarter-cent tax helps streets make the grade For our meeting on street maintenance sales tax. c -Original Message- From: Lewis F. McLain, Jr. [mailto:lfm@Citybase.net] Sent: Thursday, October 27, 2005 3:41 PM To: Alexander, Cynthia Subject: Grand Prairie: quarter-cent tax helps streets make the grade Quarter-cent tax helps streets make the grade Grand Prairie: Program rates roads, fixes those that need it most 12:00 AM CDT on Thursday, October 2~ 2005 By KATHY A. GOOLSBY/The Dallas Morning News Grand Prairie residents approved two quarter-cent sales tax proposals since 1999 to improve city parks and streets. City officials said they wanted to give residents visible bang for their bucks. Two years after the first sales tax vote in 1999, Sycamore and Fish Creek parks had new playgrounds; new rest rooms were installed at Waggoner Park and Prairie Lakes Golf Course; and paving was repaired or replaced at Nance-James Park, Mountain Creek Soccer Complex and Kirby Creek Nature Center. Dozens of other park projects were either finished, under way or in the planning stages. Voters must have liked what they saw, because two years later, in November 2001, they approved a quarter-cent sales tax for street improvements. That tax was re-approved in May. Evidence of the success of the street improvement tax is harder to pinpoint, especially in the newer neighborhoods. That's because the tax can only be used to maintain roads, not build new ones. Grand Prairie streets are evaluated annually and given a grade of A" B, Cor D. Most of the work is done on the latter two grades, with the goal being to raise as many as possible to an A or B level. Seventy percent of the roadways are rated A or B, compared with 60 percent when the program started. "Some we can go in and put on a protective overlay of asphalt," said Ron McCuller, city public works director. 1 "Others need more extensive repairs like taking out a panel of concrete and completely replacing it, or maybe doing some drainage work." The program has generated $13.1 million. The funds have been used to improve 56 streets, repair 24 alleys and 94 miles of roadway, and eliminate 132 standing water sites. The street fund operates slightly differently from the parks program. For one thing, officials operate the 'rsales tax street program on a cash basis," city spokeswoman Amy Sprinkles said. "We only spend what we collect, and we collect $3 to $4 million a year." The park sales tax also generates $3 million to $4 million a year and has brought in $20.9 million, said Elizabeth Walley, the city's finance director. Because the park sales tax is perpetual, the city has used future revenues to issue $33.4 million in bonds. The city also has chosen themes for each park. Parkhill Park has farmhouse-style concessions, pavilions that look like barns and sidewalks with tractor tracks running through them. McFalls East Park has a paleontology theme with dinosaur prints, and Waggoner Park pays homage to the Cross Timbers region's native vegetation with enlarged leaf prints stamped into the pavement. Both Mr. McCuller and park planning manager Tim Shinogle said the sales tax programs have helped upgrade the city's infrastructure. "] think it's a great program because it's really enhanced our streets," Mr. McCuller said. "Before, about all we were able to do was fix potholes and do spot repairs, but now we're able to do more extensive work." On the parks side, Mr. Shinogle said, most of the major work is winding down. Future funds will be used for debt service and upkeep, with about $1 million left over annually. "We're really trying to build first-class facilities that have a wow factor," Mr. Shinogle said. "The ultimate goal is to improve every park, continue to grow with the community and to have, as our mayor has said, a premier park system." 2 Alexander, Cynthia From: ~ent: ro: Subject: Lewis F. McLain, Jr. [news@citybase.net] Sunday, November 13,200512:00 PM Alexander, Cynthia Baytown: council weighs restructuring of street maintenance repairs Council weighs restructuring of repairs By Ryan Culver Bay town Sun Published November 13, 2005 City councilmen are exploring a new system to allocate money from the street maintenance sales tax. One option is to put the majority of the funding in council districts that have the most need for repairs. Councilman Scott Sheley expressed concerns this week over how the money is currently distributed. In the past, the money was split evenly among the six council districts. But this created a problem because the different districts' needs are not equal in size and miles of streets, Sheley said. "We have got to recognize that streets have got to stop being vote-getters," Sheley said. "In past leadership, it has been used"for votes. I think council is looking at things unselfishly now." Voters approved the quarter-cent sales tax for street repairs in May 2004. City Hall predicted the sales tax would bring in about $1.5 million a year. The original plan called for each district to get 3,000 linear feet of road repairs to use in each district. Sheley pointed out that this was not the best system for the city as a whole because the 3,000 feet was not enough in some districts and way too much in others. For instance in District 4, Don Murray's district, the repairs scheduled for the current work order add up to just more than 1,000 linear feet or 5.2 percent of. the total repairs, whereas in District 1, represented by Mercedes Renteria III, is scheduled for almost 7,000 linear feet or 32.75 percent of the total repairs. Councilmen Ronnie Anderson and Murray, whose districts' scheduled needs are well under 3,000 linear feet, said they would not mind if the allocation was restructured so that more funding could be used in the areas that need it. But both said they would like the traffic on the streets to be a factor in determining where to make repairs. "Highly traveled streets are also used by taxpaying citizens," Murray said. "I think there needs to be some kind of criteria where we can decide which streets get repairs." Sheley said he appreciates the fact that highly traveled thoroughfares get more traffic, but said he didn't know how to tell people that their citizenship was not as important as others. 1 "What it does is puts us on a plan that will bring us to equality," Sheley said. "Far too often, I talk to people who ask why it has gotten this way." Bay town Mayor Calvin Mundinger suggested reducing the total linear feet in every iistrict and putting the extra funding into a pool to use where it is needed. Nhile that idea is closer to what Sheley was trying to obtain, the flat rate reduction in all districts could also be unfair. The plan that probably reflects need most accurately is to distribute the funding based on each district's percentage of the total need. That means Renteria's district would receive 32.75 percent of the total budget, since his district represents that much of the total need. Council put off a decision on how exactly to divide the funding, but city staff said they are ready to start making repairs as soon as council makes a decision. Deputy City Manager Bob Leiper said he was ready to sign the work order as soon as he knew what streets they would be fixing. He also pointed out that this program was not designed to fix the streets in town that are in the worst condition. "These are middle ground streets that need rehab, not reconstruction," Leiper said. 2 Alexander. Cynthia From: ent: (0: Subject: Lewis F. McLain. Jr. [Iewis@mclaindss.com] Tuesday, September 21,20047:21 AM alexanderc@ci.la-porte.tx.us Baytown: sales tax for street repairs, approved by 55 percent of voters, goes into effect October 1 City sales tax increasing to 8 percent Oct. 1 By Kristopher Banks Bay town Sun Published September 21, 2004 BAYTOWN - Beginning a week from Friday, the sales tax rate goes up within city limits to eight cents per dollar. Voters approved a new quarter-cent tax, to be used exclusively for street repairs, in the May 15 election with 55 percent of the vote. The new tax goes into effect Oct. 1. The tax rate is currently 7.75 percent. The sales tax increase means that for every $100 people spend in Bay town on taxable items, they spend an extra quarter for sales tax. Non-taxable items include groceries and medicine. The tax also does not apply to automobiles. Money from the tax can only go toward repairing paved streets that existed on May 15, according to state law. The city estimates that the quarter-cent sales tax will bring in $1.5 million per year, based on a 1 percent sales tax bringing in ~6 million per year. A state law grants smaller municipalities to charge up to two cents more than the state sales tax, making 8.25 percent the maximum sales tax. After the 6.25 percent state sales tax, 1 percent city general fund tax and half- cent municipal development district tax within Harris County, the city has room to charge up to a half-cent more on sales taxes under state law. The tax is not required to have a governing board by law, and City Council will determine how the money is used. Mayor Calvin Mundinger has suggested forming a citizens committee to make recommendations on where the funds should be spent, though he could not be reached Monday. The city will use already-existing data on street conditions to determine which streets are most in need of repair. The data exists from studies the cities used to determine which streets should be repaired City Clerk Gary Smith said city administration will recommend a three-pronged approach to spending the tax money. Under the recommendation, $300,000 per year would be spent on sealing cracks in road foundations, which is supposed to add longevity to the road, and $200,000 per year on repairing concrete. Two-thirds of the money, about $1 million, would be spent on rehabilitating about six miles of road per year. Under this portion of the funding, if less than 35 percent of a road needed repair, the surface would be milled off, the road's base repaired and new asphalt would be laid down. Though city administration will make recommendations, Council will have to 1 !"".~ approve all contracts, Smith said. Council will discuss the tax at their meeting Thursday. 2 Green, Shannon From: Sent: To: Subject: Alexander, Cynthia Tuesday, November 22, 2005 5:43 PM Green, Shannon FW: Baytown: paper says city should immediately revise shortsighted system of allocating money from the street maintenance sales tax. For meeting with Michael and ray mayo -Original Message- From: Lewis F. McLain, Jr. [mailto:news@Citybase.net] Sent: Friday, November 18,20058:14 AM To: Alexander, Cynthia Subject: Bay town: paper says city should immediately revise shortsighted system of allocating money from the street maintenance sales tax. Prioritize roadwork By David Bloom Bay town Sun Published November 18, 2005 Bay town City Council should immediately revise the shortsighted system of allocating money from the street maintenance sales tax. The city should repair the worst roads first, giving special consideration to those that are heavily traveled. Currently, street tax dollars - about $1.5 million a year - are divided evenly among the six council districts. However, street work requirements for each district present different levels of need, size and scope and miles of streets. While. an even split among districts might be politically cidvantageous, that system ignores the city's most urgent street repairs. Of course, this debate also pits newer neighborhoods versus older ones, richer parts of town versus much less affluent. It should not be that way. We allUve in Bay town and drive the streets. The city's street-repair priorities' seem unfocused with seldom-traveled streets being repaved while heavily traveled routes are allowed to deteriorate until they become hazardous. Like arteries and veins, if the streets aren't in good shape, the whole body of the city suffers. Here's a suggestion: evaluate the streets for general condition, whether the condition is worsening rapidly, the present and anticipated traffic loads, whether the street and area is due for water/sewer line projects and, lastly, the location - trying to spread 1 projects throughout town. The result is that, in the future, the town's streets will be in better shape. Look at prioritizing the street work like planning repairs at home. Would a homeowner spend an equal amount of dollars per room - despite the fact that the kitchen is in dire need of repairs and the back bedroom simply has a bad electrical plug? Most people fix the worst problems first and move on down the list. The city of Bay town should do the same. The majority of the funding from the street sales tax should be spent where there is the most need, regardless of council lines. City Council members represent their districts, but their duty is to do what is overall best for Bay town. City crews are ready to start making repairs as soon as council makes a decision. With street work clearly needing to be done and elections around the corner, there is no reason for this decision to be dragged out any longer. Today's editorial was written by David Bloom, managing editor of The Bay town Sun, on behalf of the newspaper's editorial board. 2 Green, Shannon From: >ent: To: Subject: Alexander, Cynthia Wednesday, November 23, 2005 11 :57 AM Green, Shannon; Dolby, Michael; Mayo, Ray FW: Baytown: city okays new allocation system for street tax For street maintenance meeting. c -Original Message- Sent: Wednesday, November 23, 2005 8:26 AM To: Alexander, Cynthia Subject: Bay town: city okays new allocation system for street tax City OKs new allocation system for street tax By Ryan Culver Bay town Sun Published November 23, 2005 BAYTOWN - City Council approved using a proportional method to allocate street repairs for the street maintenance sales tax. The new method gives each council district repair funding based on the proportion of . all the streets that need repairs located in that district. That means if a council district that has 20 percent of the total streets in the program will receive 20 percent of the funding. ~~This seems like a very logical way of going about it," City Manager Gary Jackson said Tuesday. "It takes into account the amount of streets in each district." Now each councilmember has the opportunity to go back and pick what streets in their respective districts need repairs first. Then city staff will look at the street selections to ensure the streets in most need are at the top of the list. The streets in this program are not the worst streets in town; rather they are streets that are in need of repair, not replacement, to the top layer as to extend the life of the street. ~~There are needs in every district, >> Mayor Calvin Mundinger said at a special meeting Tuesday. ~73ut there are clearly larger needs in some districts that others.>> Councilman Ronnie Anderson questioned as to the method each councilman might use to select streets. Anderson said he wanted to make especially sure, since his district is giving up many linear feet of repairs in the new allocation method, that councilmen were using their budget to fix streets based on the amount of traffic along it. ~We will make sure we address streets that are the most used," said Councilman Mercedes Renteria III, whose district will receive the most repair funding because of the 1 change. Deputy City Manager Bob Leiper pointed out that council could address any concerns over street selection before the work order goes out. '"Council as a whole will have an opportunity to review the entire list before approving it," Leiper said. Council set the first meeting in January as the deadline for submitting their preliminary street list to city staff. Administrators anticipate the work to actually start sometime at the end of January. In other council news, the new police academy was officially named after retired assistant chief Bob Merchant. The academy will provide a place for Bay town police officers and officers from other departments to train. Police officers are required to train frequently, and having a local place to train will be a great benefit to local law enforcement. The project to build the academy started around seven years ago and Merchant was a big part of the process. Merchant has been involved with Bay town police for almost 50 years. His dedication to the police academy project and continued education led officials to name the building in his honor. ~~veryone felt it was an honor to bestow the name on chief Merchant," Bay town police Chief Byron Jones said. "We felt it was fitting; he has been through three city managers to ensure this project made it to completion." Jackson said he expects a ribbon cutting for the new academy, situated just south o/the police station on N. Main Street, to take place sometime in January. 2 CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Steve Gillett, Director of Public Works Orville Burgess, Street Superintendent .~ FROM: DATE: February 24, 2006 SUBJECT: Candidates for Street Repair Utilizing Sales Tax In anticipation of a possible sales tax election, we have prepared 2 preliminary lists of streets to be funded for repairs. It is understood that all monies generated from this sales tax election would be eannarked only for street repairs. With that in mind, one list is for an overlay program. The estimated costs reflect a contractor providing a 1 and a half inch hot mix overlay only. All work needed to prepare each street for an overlay would be performed in house in advance. The total estimated cost for the overlay is $2,022,198.00 and could be completed over a period of time to be determined by council. The list is attached. The second list is for concrete streets in need of repair and is more comprehensive in scope. The cost estimate is for complete removal of existing streets or sections of street, replacing them with 6 inches of new concrete, and replacing the curbs with new ones. All this would need to be contracted out and the estimate reflects this cost. The total cost for the concrete repair list is estimated at $3,399,546.00 and is anticipated that it would be completed over a period of years to be determined by council. This list is attached also, for review. The total estimated costs for both types of repair are $5,421,744.00. We attempted to prioritize both lists, with those in greatest need of repairs or overlays listed fIrst and in descending order of priority. Please advise if you have any questions or need additional information. Candidates for Overlay Street Name 1. Robinson Rd - N. P to Houston 2. Houston - Robinson Rd. to Hiway 225 3. Carlow - Underwood to Canada 4. W. 1- S. 2nD to S. 7th 5 W. H - Broadway to S. 8th 6. S. Vrrginia - Main to Park 7. S. 1st - Fairmont to W. B 8. N. 8th - Main to Barbours Cut 9. South 5th - Main to West I 10. N. 2nD - Main to W. Madison 11. South 7th - Main to Fairmont 12. N. Shady Ln. - Broadway to dead end 13. S. Shady Ln. - Broadway to dead end 14. South 2nd - Main to West D 15. South 2nd - West D to Fairmont 16. WestB -146toBroadway 17. N. 11th - Main to Barbours Cut 18. W. F - Broadway to S. 8th 19. Bois D' Arc - Robinson to Santa Anna 20. Santa Anna - Houston to Bois D' Arc 21. Deaf Smith - Robinson to Santa Anna 22. San Jacinto - Robinson to Santa Anna 23. South Holmes - Main to Park 24. South Utah - Main to Park 25. South Kansas - East B to Park 26. South 6th - Main to Fairmont 27. S. Carroll- Main to East E 28. S. Idaho - Main to East E 29. S. Holmes - Main to East E 30. Little Cedar Bayou thru Park Cost $42,542.00 44,170.00 39,375.00 19,378.00 30,864.00 56,140.00 . 47,612.00 32,270.00 48,936.00 32,634.00 51,742.00 32,550.00 29,050.00 36,645.00 30,917.00 34,524.00 31,500.00 31,850.00 31,573.00 17,063.00 32,836.00 30,380.00 31,967.00 31,243.00 33,238.00 56,787.00 30,800.00 30,520.00 28,298.00 30,800.00 Candidates for Overlay Page 2 Street Name Sq. Y ds. 31. Andricks - Underwood to Carlow 5,356 32. South Brownell- Main to East E 4,933 33. West A-146to South 3rd 4,840 34. S. Nugent - Main to East E 4,889 35. E. G- Broadway to San Jacinto 3,933 36. Montgomery - Underwood to Ridgefield 4,700 37. Valley View - North L to North P 4,907 38. N. 23rd - Spencer to N. C 4,087 39. Belfast - Underwood to Clarksville 4,067 40. Bayer - Carlow to Spencer 3,867 41. E. G- San Jacinto to S. Ohio 4,632 42. South 4th - Main to west B 3,400 43. South 4th-West Hto Fairmont 2,139 44. North 7th - Main to West Madison 4,279 45. East C - San Jacinto to S. Idaho 3,850 46. Crescent Shores - Complete circle 3,567 47. Hillsdale - Spencer to Belfast 2,978 48. Catlett - Underwood to Andricks 2,944 49. Clarksville - Spencer to Carlow 3,922 50. Monument - Houston to Santa Anna 3,867 51. Battleview - North D to North end 2,333 52. Ridgefield - Spencer to Hillsdale 2,333 53. Montgomery - Bernard to Clarksville 1,544 54. South 6th - Fairmont to Post Office 1,100 55. N. 18th-Main to North End 2,163 56. W. Polk-No 16thtoN. 18th 1,979 57. W. Polk - N. 16th to East end 1,120 58. Easy Street - Houston to North end. 1,480 59. Mossy Street - Houston to North end 1,187 60. West D - South 16th to South 18th 1,956 61. South 3rd - Main to West A ( 55 ft. wide) 2,567 Cost 28,117.00 25,898.00 25,410.00 25,667.00 20,650.00 24,675.00 25,760.00 21,456.00 21,350.00 . 20,300.00 24,319.00 17,850.00 11,229.00 22,465.00 20,213.00 18,725.00 15,633.00 15,458.00 20,592.00 20,300.00 12,250.00 12,250.00 8,108.00 5,775.00 . 11,357.00 10,389.00 5,880.00 7,770.00 6,230.00 10,267.00 13,475.00 Candidates for Overlay Page 3 Street Name Sq. Yds. Cost 62. Crandall - Carlow to Catlett 1,511 7,993.00 63. Belfast - Clarksville to Bernard 1,567 8,225.00 64. West A - South 16th to South 17th 782 4,107.00 65. South 17th - Main to West A 880 4,620.00 66. Creel Circle - Carlow to dead end 889 4,667.00 67. Flintlock - Battle View to West end 2,053 10,780.00 68. Fieldcrest - Sens Rd. to dead end 2,627 13,790.00 69. Plainbrook - Sens Rd. to West end 2,653 13,936.00 70. Texas - Fairmont to East G 2,400 12,600.00 71. Texas - Fairmont to West K 1,800 9,450.00 72. Oregon - Fairmont to West K 1,800 9,450.00 73. Little Cedar Bayou - S. 8th to 146 2,178 11,433.00 74. Little Cedar Bayou - S. 8th to end 1,833 9,625.00 75. South 15th - West B to dead end 1,844 9,683.00 76. Park Trail - N. Shady Ln. to S. Shady 720 3,780.00 77. South 12th - Main to West A 860 4,515.00 78. South Carroll- East E to Park 867 4,550.00 79. South Nugent - East E to end 1,369 7,187.00 80. Bernard - Carlow to Montgomery 3,144 16,508.00 81. North C - North 23M to Sens Rd. 2,560 13,440.00 82. North C - North 23M to East end 1,787 9,380.00 83. S. 11th_Main to W. C 3,089 16,217.00 84. W. Madison - Broadway to N. 7th 4,944 25,958.00 85. N. D - Sens Rd to West end 8,853 46,480.00 86. South 14th - Main to West B 860 4,515.00 87. West A - South 3M to Broadway 4,011 21,058.00 88. South Lobit - Main to Park 6,640 34,860.00 89. South 3M - West A to Fairmont 9,385 49,275.00 90. S. Blackwell-Main to Park 5,189 27,242.00 Total cost for overlay $2,022,198.00 ESTIMATE OF . CONCRETE STREET REPAIRS BY PRIORITY February 23, 2006 Estimate of Concrete Street Repairs T ota! Cost Priority Location Description Sq. Yards Including Curbs 1 Valley Brook Old Orchard to Catlett 4089 $239,615.00 2 Catlett Dead end at Big Island Slough to 6533 $392,933.00 3 Old Orchard . Valley Brook to Farrington 3889 $233,889.00 4 Antrim Lane Farrington to Piney Brook Dr. 3556 $208,356.00 5 Piney Brook Dr. Old Orchard to Carlow 2800 $168,400.00 6 Old Orchard. Piney Brook to Farrington 2209 $132,849.00 7 Collingswood From Farrington to Valley Brook 1200 $70,800.00 8 South Iowa From 208 to East "B". 1634 $97,710.00 9 Scotch Moss 3323 Scotch Moss 892 $53,076.00 10 South Iowa From East "B" to East "C". 1217 $72,757.00 11 East"F" From South Iowa to Kansas. 933 $55,813.00 12 Collingswood From 10414 Old Hickory to Farrington 902 $54,262.00 13 Winding Trail From Hillridge to Farrington 1182 $71,102.00 14 South 4th Street South 4th & West "C" to West "D". 638 $38,358.00 15 West "0" West "G" from Broadway to South 1 st 1222 $71,622.00 16 West "G" West "G" from South 1 st to South 2nd. 1267 $74,245.00 17 West "G" West "G" from South 3rd to South 4th. 1289. $75,529.00 18 Belfast From Valley Brook to Farrington 638 $38,370.00 19 Rustic Gate From Old Hickory to Farrington 420 $25,260.00 20 Carlow 10207 Carlow to Valley Brook 498 $29,950.00 21 Carlow From Valley Brook to Farrington 560 $31,120.00 22 North 6th Street Intersection of West Tyler to 1184.4 $71,702.00 23 North 6th Street Start at 704 ~ West Main at second 1011 $56,150.00 24 North 6th Street Start@ intersection of West Polk, north 1011 $56,150.00 25 West "G" West "0" from South 2nd to South 3 rd. 1289 $75,529.00 26 West "D" West "D" & South 1st intersection. 400 $22,320.00 27 West "D" West "D" & South 5th intersection. 400 $22,320.00 28 Belfast 10318- - 10326 Belfast 311 $18,711.00 Estimate of Concrete Street Repairs Total Cost Priority Location Description Sq. Yards Including Curbs 2 9 South 4th Street West side of street from 302 to 332 444 $26,663.00 30 West "D" West "D" & South 6tl1 intersection. 400 $22,320.00 31 Shady River Drive From 805 to bridge, both sides of street. 363 $22,123.00 32 Shady River Drive From west side of bridge, go west to 231 $13,991.00 33 West "D" West "D" from South 4th to South 3rd. 288 $17,308.00 34 West "G" West "G" and South 3 rd intersection. 334 $19,170.00 35 West "G" West "G' and South 4th intersection. 334 $19,170.00 36 Quiet Hill 1 0 1 02 Quiet Hill 125 $7,484.00 37 Quiet Hill 1 0030 Quiet Hill 250 $14,969.00 38 Wilmont Street 10126 Wilmont Street at Rustic Gate 250 $14,969.00 39 Hillridge Hillridge & Roseberry intersection 187 $11,227.00 40 Roseberry 3703 - 3707 Roseberry 156 $9,380.00 41 Rustic Rock From Farrington to dead end at 10403 124 $7,484.00 42 Belfast 10238 Belfast 156 $9,380.00 43 West "G" West "G" and South 2nd intersection. 334 $19,170.00 44 West "G" West "G" and South 1 st intersection. 334 $19,170.00 45 South 4th Street th 560 $33,680.00 South 4 from 508 to West "E" 46 West "D" West "D" from South 3rd to South 2nd. 226 $13,566.00 47 North 6th Street Intersection ofN. 6tl1 & Tyler. 433 $24,175.00 48 North 6th Street Intersection ofN 6th & Madison. 433 $24,175.00 49 North 6th Street Entire intersection @ North 6th & 447 $24,806.00 50 North 3rd Street The approach at North 3Td and East 80 $4,370.00 51 North 3rd Street 116 North 3rd, the section between the 142 $8,846.00 52 North 3rd Street 115 North 3Td from the expansion joint 133 $7,813.00 53 North 3rd Street 120 North 3rd from second expansion 133 $7,813.00 54 North 4th Street The approach at East Main north to first 80 $4,370.00 55 South 4th Street South 4tl1 & West "C" intersection. 400 $22,320.00 . 56 South 4th Street South 4th & West "D" intersection. 117 $6,737.00 Estimate of Concrete Street Repairs Total Cost Priority Location Description Sq. Yards Including Curbs 57 West "D" th th 257 $15,437.00 West "D" from South 6 to South 5 . 58 Winding Trail 3~0 feet east of Hillridge 78 $4,678.00 59 Rustic Gate 9926 Rustic Gate 125 $7,484.00 60 Rocky Hollow 9947 Rocky Hollow 30 $1,794.00 61 East "F" East "F" and Kansas intersection. 400 $23,200.00 - 62 South Iowa South Iowa and East "H" intersection. 800 $45,200.00 63 South Iowa South Iowa and East "G" intersection. 400 $23,200.00 64 South Iowa From 613 to S. Iowa and East "F" 567 $33,887.00 65 South Iowa South Iowa and East "F' intersection. 400 $23,200.00 66 South Iowa From East "C" to 402 - 409 South 400 $23,920.00 67 South Iowa From 513 to S. Iowa and East ''E'' 300 $17,940.00 68 East "D" From Kansas to South Iowa 467 $27,907.00 69 East "D" East "D" and South Iowa intersection. 400 $23,200.00 70 East "D" East "D" and Kansas intersection. 400 $23,200.00 71 East "D" From Utah to Kansas. 367 $21,927.00 72 South Iowa South Iowa and East "B" intersection. 400 $23,200.00 73 South Iowa South Iowa and East "C" intersection. 184 $10,964.00 74 3109 Bayou One section, both sides 285 $15,805.00 75 Parkmont Between Antrim and Catlett 75 $4,557.00 76 East"F" From intersection of Utah on east side 184 $11,000.00 77 Bandridge Street 8723 Bandridge Street 68 $4,012.00 78 Brookwood 3423 Brookwood 40 $2,560.00 79 Brookwood 3614 Brookwood 100 $6,012.00 80 Fern Rock 3211Fem Rock 134 $7,850.00 81 Old Hickory From dead end to Rocky Hollow 31 $1,865.00 lTOTALS $3,399,546.00 I REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 13. 2006 Appropriation Requested By: Crystal Scott, Asst. to the City Manage Source of Funds: Hotel/Motel Fund Department: Administration Account Number: 037-6063-565-3001 Report: Resolution: Ordinance: x Amount Budgeted: $9,600 Exhibits: Ordinance Amount Requested: $9,600 Exhibits: Ae:reement Budgeted Item: N Exhibits: Memorandum to City Manae:er SUMMARY & RECOMMENDATION Bay Area Houston Convention & Visitors Bureau made a presentation to City Council at the February 13 meeting in a workshop setting. 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. The fee for being a member of the Bay Area Houston Convention & Visitors Bureau is 15% of annual hoteVmotel 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 HoteVMotel 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. The agreement is effective April 1. With proper notification the agreement can be terminated. Action Required by Council: Consider approval of an ordinance approving an agreement between the City and the Bay Area Houston Convention & Visitors Bureau. A j .-- ) -C-p. Date ORDINANCE NO. 2006-~61~ AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND BAY AREA CONVENTION AND VISITORS BUREAU; 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 this reference. 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 March, 2006. By: yq:: OF LA p~ ~l" ~ Alton E. Porter, Mayor '. Martha A. Gillett City Secretary ~D: . . / ~/ ' . /t/W'tv. Le1%~ Knox W. Askins City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Stephen L. Barr Appropriation Agenda Date Requested: March 13 200 Requested By: Hotel Motel Funds Department: Parks & Recreation Acc't Number: 037-9892~24-1100 Report: _Resolution: _Ordinance:-L. Amount Budgeted: $154,208 Exhibits: Bid Tabulation Sealed Bid #06008 Amount Requested: $263,020 Exhibits: Bidder's List Bud eted Item: YES X NO Exhibits: SUMMARY & RECOMMENDATION As Council is aware, staff has been working toward entrance monmnent signs for several years. The project was first bid out in 2004 as a combined construction/landscape project. There were no bidders. Staff: working with the landscape architect, separated the construction and landscape portions of the project. In 2005 we again went out for bids for the construction portion. We received one bid at that time, from D.L. Meacham Constructors. The total amount of the bid for all 5 signs, was $262,592. Since it was substantially over budget and it was the only bid received, there were questions as to the certainty of the bid Staff again worked with the landscape architect, to reduce the scope of work somewhat by scaling down the granite to 12" x 12" panels. The Project (Sealed Bid #06008) was again bid out in February 2006. Plans and specifications were sent to twelve contractors, and letters of interest were sent to an additional nineteen contractors inviting them to bid Bids were opened on February 28, 2006 with one contractor submitting a bid The sole bidder, Patek Construction Ine., submitted a bid of $263,020 for base bid and all alternates, for the project, which is $108,812 more than the available budget. There are a number of options available for the project. One, the scope of work can be reduced by eliminating one or more of the smaller entrance signs. The costs for the project are shown on the bottom of the attached bid tabulation, showing the savings if signs are to be eliminated Two, the bid includes an alternate for a symbolic compass structure on the main sign that can be eliminated thereby saving $39,830. This would result in a much less attractive project and still leave us short of the amount needed for the total package. If this option is chosen, and all 5 signs are constructed, the budget shortfall would be $68,982. This project is funded through the Hotel Motel fund and there are sufficient funds available in the 037 Fund Balance to cover the budget shortfall. Staff recommends acceptance of the bid from Patek Construction Inc. in the amount of $263,020 to construct monument entrance signs for La Porte, as low bidder meeting specifications for this project, if available funds can be found Action Reauired bv Council: Authorize the City Manager to execute a contract in the amount of $263,020 to construct monument entrance signs for La Porte, as low bidder meeting specifications for this project, if available funds can be found .3~ 7 '-{) 0 iJ Debra B. Feazelle, City Manager _ Date ORDINANCE NO. 2006- ;;"~l'7 AN ORDINANCE AUTHORIZING AND APPROVING A CONTRACTUAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND PATEK CONSTRUCTION, INC. TO CONSTRUCT, MONUMENT SIGNS AND OTHER RELATED COMPONENTS ACCORDING TO SPECIFICATIONS AT VARIOUS SITES IN THE CITY AS DESIGNATED BY SAID SPECIFICATIONS; APPROPRIATING$~~ oAD .00 TO FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISI6NS 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, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf ofthe 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. The City Council appropriates the sum not to exceed $ ~ DJA 0 .00 I for the project identified herein, from the CIP account 037-9892-824 to fund said Agreement. 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 thereofhas 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 13TII day of March 2006. CITY OF LA PORTE ~LY~ By: Alton E. Porter, Mayor ATTEST: ~d~ 44ltl/ Martha Gillett, City Secretary City of La Porte Interoffice Memorandum From: '\ Mayor & City Council \\ Debra Brooks Feazelle, City Manager 6--- March 9, 2006 To: Date: Subject: Replacement, Item #16 After discussion with Mayor Porter and Councilman Moser, we have prepared a substitute on Item #16 that merely clarifies the intent regarding park equipment purchases. Hopefully, this does three things: (1) explains more fully our proposal; (2) allows selection of a park individually or all three; and (3) provides City Council a copy of playground report on council policy of 7/8/00. Please note we could lose an approximate $5,000 discount if we choose to delete some equipment. There are some funds in contingency for equipment overruns at Spenwick. We can look for additional funding for sidewalks once we know how much for Zone 5. DBF/db --;JPfYI 1A/3/td r Agenda Date Reqn......~:.~~::~OR CITY COUNCIL AGEN~~p:::~on lA IIfl J 1P-- htCU-c}l Department: Parks & Recreation Requested By: Stephen L Barr Report: -LResolution: _Ordinance: _ Amount Budgeted: $79,000 Exhibits: Letters re: Texas Buy Board Prices Amount Requested: $57,950 Exhibits: Plave:round Report, July 8. 2000 Bud eted Item: YES X NO X SUMMARY & RECOMMENDATION The attached Playground Standards Report that was approved by City COWlcil in 2000, shows needs of $30-80k for annual playground replacement for parks in our system, and shows a schedule based on need for all of the parks in our park system We have been budgeting $27,000 annually for equipment, that includes approximately $18,000 for equipment, and $10,000 for fall material, concrete work, and a picnic shelter structure. The estimated cost for this year is approximately $28,000 due to cost increases in materials and equipment. This year during the budget process City Council authorized park playgroWld and park service equipment purchases for the Park to Standards project at Pete Gilliam Park, Yz the park equipment for the recently acquired Spenwick Park, and in addition, COWlcil has requested that we accelerate the purchase of equipment for a proposed park in Park Zone 5. The City is using pricing through the Texas Buy Board, a method of purchasing where the competitive bids are obtained and approved through the State of Texas. The attached letters from May Recreation Equipment Company give the pricing for the total as well as individual costs for each item contemplated. The Miracle Equipment specified is the same equipment that we have used in our parks for the past several years. It is commercial quality and is serviceable and durable. Spenwick Park: COWlcil chose to fund Yz of the normal $27,000 ($14,000 was set aside) from its discretionary funds, for park equipment for Spenwick Park in the clUTent year, with the rest to follow at a later date. The cost of Spenwick Park equipment exceeds the funds set aside for the project by $5,600. Adding this funding would allow the purchase of the standard equipment for this park and then, as planned, complete the concrete work, and shelter, in FY 06-07. COWlcil may choose to include this equipment at this time by funding the difference, or a portion of the amoWlt of the cost ovemm can be deducted from the total bid, and we would purchase the modular play structure and border timbers only. Park Zone 5 park: This proposed park was not included in the FY 05-06 budget; however, funds in the amount of $38,261 are available in Park Zone 5 for park development that is earmarked for this pmpose. The City is clUTently negotiating a SPARK Park with the LPISD at property the District owns at the intersection of "D" Street and Sens Road, and is purchasing the equipment in advance of an anticipated agreement with the District to service the needs of citizens in Park Zone 5. To provide for a standard park for this zone, staff proposes to purchase the standard equipment, along with other enhancements (i.e. baseball backstop), the standard concrete work and picnic shelter, fall material, etc. In addition, at this park we would look at a connector sidewalk to the Spencer Landing subdivision along "D" Street, as well as a walking trail in the proposed park At this time we are gathering prices for sidewalk and trail; we currently do not know the footprint of the proposed school on this property so we don't know how much available space we will have for the park or exactly where it will be located When those things have been determined, staff will present to COWlcil for consideration. Pete Gilliam Park: COWlcil approved this CIP project in the FY05-06 budget based on the above mentioned PlaygroWld Standard Report. Another option that may be considered by COWlcil is to defer the parks to standard improvements at Pete Gilliam Park in this fiscal year and pick it up in the following year. COWlcil could also choose to delete it from the replacement list altogether. The savings in either case could then be applied to enhance the equipment for the proposed Zone 5 park This option would allow some additional equipment and infrastructure improvements for this proposed park over and above the standard park improvement package. Both Pete Gilliam Park and the proposed Park Zone 5 park are in Council District 4. If this option is exercised, the purchase of play equipment in this package would be reduced by $17,716; to approximately $39,234 (the original price includes a 10% discount for purchases of $50,000 or more). This figure will have to be confirmed by the vendor, May Recreation Equipment Company. Staffrecommends acceptance of the Texas Buy Board pricing from May Recreation Equipment Company in an amount to be determined by Council (up to $57,950) for play and park service equipment for Pete Gilliam Park, Spenwick Park, and Park Zone 5 park according to the bid documents attached, if additional funding is approved. Action Reauired bv Council: Consider award of Texas Buy Board bid to May Recreation Equipment Company for play and park service equipment for Pete Gilliam Park, Spenwick Park, and Park Zone 5 Park according to the bid documents attached, and according to Council determination and funding approval Approved for Citv Council A2enda J- 9.-0~ Date ..-,-- -- REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: Stephen L. Barr Appropriation Agenda Date Requested: March 13 2006 Hotel Motel Funds Department: Parks & Recreation Acc't Number: Report: ...K..-Resolution: _Ordinance:_ Amount Budgeted: Exhibits: Letter from TxDOT Amount Requested: $25,029.60 Exhibits: Bud eted Item: YES NO X Exhibits: SUMMARY & RECOMMENDATION The City entered into an Advance Funding Agreement with the Texas Department of Transportation for installation of palm trees and oleanders at the Sens Road SH 225 intersection. The agreement requires that costs over the budgeted amount be paid by the requesting entity, or the City of La Porte. Our share of the engineering, construction, and construction management costs for this project totaled $73,353.65. We have already paid $48,324.05, leaving a balance due of$25,029.60. In order to comply with the terms of the agreement we need to submit the balance due as stated. There are funds available in the 037 Hotel Motel fund to accomplish this payment. Action Required bv Council: Authorize payment in the amount of$25,029.60 as required by agreement with TxDOT to complete the Sens Road - SH 225 beautification project 3--- -; 4 Date * I Texas Department of Transportation P.o. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 802-5000 March 1, 2006 CONTACT: DOC BY CERTIFIED MAIL 7004 0750 0001 8483 3107 STP 2002(147)TE 912-71-795 CS Harris County The City of La Porte 1322 Broadway La Porte, Texas 77571 Dear Sir: In accordance with an agreement negotiated with the Texas Department of Transportation, the City of La Porte placed a total of $48,324.05 in escrow to be used for paying their share of construction on the above referenced project. Attached is a copy of "Statement of Cost" indicating that the City of La Porte's portion of the final construction cost on this contract amounts to $73,353.65. We concur with the charges contained therein and the additional funds needed from the City of La Porte. In accordance with the terms of the agreement between the City of La Porte and the State, please forward to this office a warrant for the amount due ($25,029.60) made payable to the Texas Department of Transportation. Your assistance will be appreciated. If any additional information is needed, please contact Mr. William Repschleger of the District Construction Office at (713) 802-5492. Sincerely, 2:~/ District Engineer Houston District Attachment An Equal Opportunity Employer STATEMENT OF COST City of La Porte PRELIMINARY CONSTRUCTION PROJECT ENGINEERING CONSTRUCTION ENGINEERING STP 2002(147)TE 912-71-795 $15,701.40 $174,515.10 $41,572.93 $15,701.40 $174,515.10 $41,572.93 TOTAL $255,761.65 $255,761.65 % Participation Preliminary Engineering Portion Funded by Entity 20.00% Construction Portion Funded by Entity (excess of federal maximum - $182,408.00) Entity Share of Construction Management Cost 20.00% Indirect Costs Funded by Entity 0.00% Total Amount Chargeable To Entity $3,140.28 $61,898.78 $8,314.59 $0.00 $73,353.65 Advanced Cash Payments Less: Amount Chargeable Amount Due From Local Entity $48,324.05 $73,353.65 $25,029.60 Certified Correct: