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Home My WebLink About2006-06-12 Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council (2) MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL June 12,2006 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6:00 p.m. Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Clausen, Mike Mosteit, Louis Rigby, Barry Beasley, Howard Ebow, Peter Griffiths and Chuck Engelken Councilmember Griffiths arrived at the meeting at 6:24 p.m. Members of Council Absent: none. Members of City Executive Staff and City Emoloyees Present: City Manager Debra Feazelle, Assistant City Manager John Joerns, Assistant City Manager Cynthia Pearson, City Attorney Knox Askins, Planning Director Wayne Sabo, City Secretary Martha Gillett, Assistant City Secretary Sharon Harris, Police Chief Richard Reff, Human Resources Manager Robert Swanagan, Fire Marshal Cliff Meekins, Building Official Debbie Wilmore, Risk Manager Bill Rankin, Golf Pro Alex Osmand, Inspector Mike Kirkwood, Parks and Recreation Director Stephen Barr, Solid Waste Worker Kevin Barnes and Parks worker Eddie Weber. Others Present: Ann Malone, Betty Waters, Leon Waters, Pat Muston, Beth Rickert, Russell Ybarra, Barbara Matuszak, Bob Pizzatola, Bill Parker, Bernard Legrand, Art Kelley, Father Pitre, Scott Bean, Robin Vest, Norman Reed, Curtis Tipton, Alton Ogden, John Handy, Paul Chavez, Barbara Jenks Parks and other citizens. 2. Eric Pitre ofSt. Mary's Catholic Church delivered the Invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENTATIONS / PROCLAMATIONS A. Mayor Porter presented a proclamation to Curtis Tipton in honor ofWal-Mart Appreciation Day. Others present included Education Foundation Members Barbara Matuszak, Bob Pizzatola, Robin Vest, Bill Parker, Barbara Jenks and Walmart Representative Curtis Tipton. B. Mayor Porter presented a proclamation to Russell Ybarra in honor of Gringo's Mexican Kitchen Appreciation Day Others present included Education Foundation Members Barbara Matuszak, Bob Pizzatola, Robin Vest, Bill Parker, Barbara Jenks and Russell Ybarra of Gringo's. C. Mayor Porter presented a proclamation to the Safety Committee in honor of June National Safety Month City Council Regular Meeting, Workshop Meeting and Public Hearing -June 12,2006 Page 2 Safety Members present included Bill Rankin, Lori Doughty, Crystal Scott, Sharon Harris, Kevin Barnes and Eddie Weber. D. Mayor Porter presented a Distinguished Budget Award to finance department. Item D was tabled due to a staff member being ill. 5. Consent Agenda A. Council to consider approval or other action regarding an ordinance to vacate, abandon, and close the West "N" Street Right-Of-Way between Blocks 1175 & 1176 and Blocks 1777 & 1778, Town of La Porte. B. Council to consider approval of ordinance #2003-2665 - A to clarify intent and add waived fees. C. Council to consider approval of the ordinance and Harris County Inter-local agreement. Motion was made bv Council member Engelken to approve the consent agenda as presented. Second by Council member Mosteit. Motion carried. Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, and Mayor Porter. Nays: None Abstain: None. 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 City Council. 7. Public Hearing - Council to consider approval of resolution 2006-14 making findings in connection with the Proposed Public Improvement District Number One and Resolution 2006-15 authorizing the establishment of Public Improvement District Number One in the City of La Porte. Open Public Hearing - Mayor Porter opened the Public Hearing at 6:23 p.m. Assistant City Manager John Joems presented summary and recommendation and answered Council's questions. Public Input: There was no public input on this item. The Public Hearing was closed at 6:32 p.m. City Council Regular Meeting, Workshop Meeting and Public Hearing -June 12, 2006 Page 3 Recommendation of Staff - Staff recommended approval of both resolutions being presented. 8. Council to consider approval or other action regarding Resolution 2006-14 City Attorney Knox Askins read: RESOLUTION 2006-14- A RESOLUTION MAKING FINDINGS IN CONNECTION WITH THE PROPOSED PUBLIC IMPROVEMENT DISTRICT NUMBER ONE RELATED TO THE ADVISABILITY OF THE IMPROVEMENTS, THE NATURE OF THE IMPROVEMENTS, THE ESTIMATED COST OF THE IMPROVEMENTS, THE BOUNDARIES OF THE PROPOSED DISTRICT, THE METHOD OF ASSESSMENT AND THE APPORTIONMENT OF COST BETWEEN THE DISTRICT AND THE CITY AS A WHOLE; AND MAKING OTHER FINDINGS RELATED TO THE DISTRICT. Council to consider approval or other action regarding Resolution 2006-15 City Attorney Knox Askins read: RESOLUTION 2006-15- A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF PUBLIC IMPROVEMENT DISTRICT NUMBER ONE IN THE CITY OF LA PORTE, TEXAS; AUTHORIZING PUBLICATION OF THIS RESOLUTION, PROVIDING FOR THE PREPARATION OF A SERVICE AND ASSESMENT PLAN; AND MAKING OTHER PROVISIONS RELATED TO THE SUBJECT Motion was made bv Council member Rigby to approve Resolution 2006-14 and 2006-15 as recommended by Mr. Joerns. Second by Council member Moser. The motion carried. Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 9. Public Hearing - Council to consider an ordinance adopting the 2020 Comprehensive Plan Five Year Update. Open Public Hearing - Mayor Porter opened the Public Hearing at 6:34 p.m. Director of Planning Wayne Sabo presented summary and recommendation and answered Council's questions. Public Input: Councilmember Moser expressed concern that information not included: that the ambulances are eventually moved to the fire houses that way they can be moved closer to their district. Right now says they will go to the central location. Art Kelley - 215 Hazel- requested council to consider land for future Park & Ride Facility and the critical need for transportation. Tom Powell - 1700 Roscoe - has concerns with Historical Preservation and would like to see city do more to preserve heritage of La Porte. City Council Regular Meeting, Workshop Meeting and Public Hearing -June 12, 2006 Page 4 Bernard Legrand - 3115 Layne Court compared original & new draft with changes missing paragraphs in section 4. Concerns with lack of public input; Homeowner's not consulted. 4.9 Page 11 - noted concerns with industry emergency. Look more at preserving Galveston Bay Records of Planning & Zoning - consider approval of comp plan 5 year update The Public Hearing was closed at 6:50 p.m. 10. Council to consider approval or other action regarding Ordinance 2892 City Attorney Knox Askins read: AN ORDINANCE ADOPTING AN ADDENDUM TO THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Council member Ebow to approve Ordinance 2892 as recommended bv Mr.Sabo. Second by Council member Griffiths. The motion carried. Councilmember Mosteit stated if concerns: note City Council still has to vote on traffic flow, sidewalks, draining, Harris County Flood Control- funding & approval of Harris County. Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 11. Council to consider approval or other action regarding a resolution supporting the 2006 Houston Foreign Trade Zone Expansion Application to the Federal Trade Zone Board which includes two tracts of land situated in the City of La Porte Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. City Attorney Knox Askins read: RESOLUTION 2006-16 - A RESOLUTION OF THE CITY OF LA PORTE SUPPORTING THE 2006 HOUSTON FOREIGN TRADE ZONE EXPANSION APPLICATION TO THE FTZ BOARD WHICH INCLUDES TWO TRACTS OF LAND SITUATED IN THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Beasley to approve the Resolution 2006-16 as presented by Mr. Joerns Second by Council member Griffiths. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None City Council Regular Meeting, Workshop Meeting and Public Hearing -June 12, 2006 Page 5 12. Council to consider approval or other action regarding $21,000.00 in funds, from the City Council Reserve, to cover the mid-year addition of personnel. Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. Motion was made by Council member Moser to approve the funds presented by Mr. Sabo. Second by Councilmember Rigby. The motion carried. Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 13. Council to consider approval or other action regarding an ordinance authorizing the City Manager to Execute Change Order No.1 with Hale-Mills in the amount of $79,402.00 Public Works Director Steve Gillett presented summary and recommendation and answered Council's questions. City Attorney Knox Askins read: ORDINANCE 2893 AN ORDINANCE APPROVING AND AUTHORIZING CHANGE ORDER NO.1 FOR THE LA PORTE POLICE DEPARTMENT BUILDING PROJECT; APPROPRIATING THE SUM NOT TO EXCEED $79,402.00, 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 Clausen to approve the Ordinance 2893 as presented by Mr. Gillett Second by Council member Griffiths. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 14. Council to consider approval or other action regarding an ordinance authorizing a Development Agreement between the City of La Porte, TIRZ #1 and La Porte Redevelopment Authority. Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. City Attorney Knox Askins read: ORDINANCE 2894 AN ORDINANCE APPROVING AND AUTHORIZING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS, THE LA PORTE REDEVELOPMENT AUTHORITY, CITY OF LA PORTE, TEXAS AND CITY OF LA PORTE, TEXAS; 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 2894 as presented by Mr. Joerns Second by Council member Engelken. The motion carried City Council Regular Meeting, Workshop Meeting and Public Hearing -June 12,2006 Page 6 Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 15. Council to consider approval or other action regarding an ordinance authorizing a Utility Extension Agreement between the City of La Porte, TIRZ # I, La Porte Redevelopment Authority and 65 La Porte, Ltd. Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. City Attorney Knox Askins read: ORDINANCE 2895; AN ORDINANCE APPROVING AND AUTHORIZING A UTILITY EXTENSION AGREEMENT BY AND BETWEEN THE REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS, THE LA PORTE REDEVELOPMENT AUTHORITY, CITY OF LA PORTE, TEXAS, CITY OF LA PORTE, TEXAS AND 65 LA PORTE, L TD; 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 Ebow to approve the Ordinance 2895 as presented by Mr. Joerns Second by Council member Griffiths. The motion carried. Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 16. Council to consider approval or other action regarding an ordinance amending Fiscal Year 2005-06 Budget. Assistant City Manager Cynthia Pearson presented summary and recommendation and answered Council's questions. City Attorney Knox Askins read: ORDINANCE 2836-C; 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. Motion was made by Council member Moser to approve ordinance as presented with the exception of pulling item D only. Second by Council member Beasley. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 17. Council to consider approval or other action regarding an ordinance authorizing the City Manager to sign all documents relating to the acceptance and use of the grant funds from the Governor's Division of Emergency Management. Chief of Police Chief Reffpresented summary and recommendation and answered Council's questions. City Council Regular Meeting, Workshop Meeting and Public Hearing -June 12,2006 Page 7 City Attorney Knox Askins read: ORDINANCE 2896; AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT FOR P ARTICIP A TION IN THE BUFFER ZONE PROTECTION PLAN GRANT PROGRAM; MAKING VARIOUS FINDING AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEET INS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Beasley to approve the Ordinance 2896 as presented by Mr. Reff. Second by Council member Griffiths. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 18. Close Regular Meeting and Open Workshop at 7:26 p.m. A. Council received a report from Chief Richard Reff on HB 867 Sex Offenders Law. Council directed staff to publish all offenders in newspaper, web & cable channel. B. Council received a report from Chief Richard Reff on Sex Offenders Safety Zone & a proposed ordinance as to whether or not to draft an ordinance establishing a 1,000 foot safety zone for children. Council directed staff to bring back at 1500 & 2000 ft. Council did not concur with holding property owner's responsible. Council took a 5 minute recess at 8:05 p.m. and returned continued regular meeting at 8:15 p.m. C. Council received a report from Building Official Debbie Wilmore on Dangerous Buildings 5 voluntary consent 1. 2910 & 2910 Y2 - Old Highway 146 signed voluntary consent. 2. 106 Bay Oaks - no objection to demolishing - may sign consent 3. 202 Forest - owner requested what to do to comply 4. 819 W. Main - voluntary consent 5. 602 E Main - owner may want to restore or demo to let city know 6. 525 Nth 3rd - still in city's name but was purchased. Owner will probably tear down. No objection to demolish. 7. 417 Nth 4th street - no contact with owner 8. 428 Nth 4th Street - owner may want to demolish 9. 306 Nth 5th Street - no contact 10. 216th - No contact 11. 11624 Nth L Street - voluntary consent 12. 11627 Nth L Street - voluntary consent Council directed to staff to publish and granted July 10th Public Hearing City Council Regular Meeting, Workshop Meeting and Public Hearing -June 12,2006 Page 8 D. Mayor Porter discussed Boards and Commissions Appointments to consider approving Ordinance appointing and reappointing members to various Boards and Commissions and adopt the ordinance of choice regarding the Zoning Board of Adjustment Chairman. Chapter 172 - Tina Fregia to fill vacant position - mail application form. Alternate Chapter 172 position to be added - George Van Dyke - recommended and may need one more alternate in the future Board of Adjustment - council to appoint changes in the future. E. Buxton representative Richard Keene gave a presentation on selecting one intersection for completing the study. Next step - Phase 2. It was the consensus of council to move forward with site 3. 19. Closed Workshop meeting and reconvened Regular Meeting at 9:24 p.m. 20. Administrative Reports City Manager Debra Feazelle reported and reminded council of the Juneteenth Prayer Breakfast, Wednesday, June 14,2006, from 8:00 until 9:30 a.m. at the Baggett Community Center, the Annual Juneteenth Parade and Celebration, Saturday, June 17,2006, at 10:00 a.m. at North 8th Street and Main Street, the Chamber's Business Expo by the Bay from 5:30 until 6:30 p.m. and Hamburger Cook-Out from 6:30 p.m. until 9:30 p.m., Tuesday, June 20, 2006 at Sylvan Beach Pavilion and the 2006 Good Skipper Award Dinner & Auction (benefiting Girls and Boys Harbor), Saturday, June 24, 2006 at 7:00 p.m. at Lakewood Yacht Club and July 4th Celebration Parade and Veterans Memorial at old City Hall located on 2nd Street. 21. Council Comments Rigby, Moser, Beasley, Ebow, Mosteit and Porter had comments. 22. 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) A. 551-072 - (LAND ACQUISITION) - MEET WITH THE CITY ATTORNEY AND CITY MANAGER FOR THE PURPOSE OF DELIBERATING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY B. 551.074 - (PERSONNEL MATTERS) - CITY MANAGER'S EVALUATION City Council Regular Meeting, Workshop Meeting and Public Hearing -June 12,2006 Page 9 Council went into Executive Session at 9:31 p.m. Council retired to Executive Session at 9:31 p.m. and returned to the Regular Meeting and reconvened at 10:43 p.m. 23. Council to consider approval or other action regarding amendments to the City Manager's Employment Agreement Ordinance 2613-A. Mayor Porter read: ORDINANCE 2613-A - AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN AMEND EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY MANAGER OF THE CITY OF LA PORTE; 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 councilmember Engelken to increase the City Manager's base salary by $3500.00 and increase car allowance from $475.00 to $500.00 per month with increase retro to 3/1 0/06. Second by councilmember Griffiths. Motion carried. 24. There being no further business to come before Council, the Regular Meeting was duly adjourned at 10:46 p.m. R~~d Martha Gillett, TRMC, CMC City Secretary P~ssed and ap~ on this 26th day of June 2006 ~~;V~ Mayor Alton E.Porter ~~J\ b,'-! 4- City of La Porte Established 1892 June 12, 2006 Mr. pierre Duy Acting Executive Secretary Foreign Trade Zones Board U.S. Department of commerce 1401 Construction Ave., NW Room 2814B Washington, DC 20230 Dear Mr. Duy: The City Council of the City of La Porte has voted to support the 2006 Houston FTZ expansion application being submitted to the FTZ Board for several landowners, two of which are located within the City. We have been briefed on the tax issues involved and we have received a commitment from the landowners to execute our tax exemption agreement. We believe that the overall positive economic development that will occur as a result of these two new developments outweighs the potential tax exemption and we encourage the Board to expedite the review process. The City typically will only grant one type of tax incentive per location. Therefore, .'any other tax incentives sought by users or developers of or within the FTZ may be restricted and shall be subject to approval on a case by case basis. Yours very truly, CITY OF-LA PORTE BY:~~~ Alton' E. Porter Mayor AEP : sw EXHIBIT nAn PO. Box 1115 · La Porte, Texas 77572-1115 . (281) 471-5020 B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 26, 2006 Appropriation Requested By: Cynthia B. Alexander Source of Funds: N/A Department: Finance Account Number: N/A Report: Resolution: Ordinance: x Amount Budgeted: N/ A Amount Requested: N/ A Exhibits: 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) Previously Proposed Original Budget Amended Budget Amended Budget General Fund 25,987,077 26,797,153 26,797,153 Grant Fund 2,793,931 2,979,859 3,018,120 * Hotel/Motel Occupancy Tax 334,280 472,135 472,135 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 6,811,224 6.811,224 Sylvan Beach 208,683 216,881 216,881 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 1,241,835 1,241,835 Motor Pool 1,661,304 2,455,900 2,455,900 Insurance Fund 4,017,103 4,017,103 4,017,103 Technology Fund 956,611 958,068 958,068 General Capital Improvement 433,500 488,885 488,885 Utility Capital Improvement 715,000 3,357,950 3,357,950 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 1,660,000 1,660,000 2002 General Obligation Bond Fund 732,789 732,789 732,789 2004 Certificate of Obligation Bond Fund 10,000 10,000 10,000 2005 Certificate of Obligation Bond Fund 1,800,000 1,800,000 1,800,000 2005 General Obligation Bond Fund 7,700,000 10,500,000 10,500,000 2006 Certificate of Obligation Bond Fund 5,800,000 5,800,000 2006 General Obligation Bond Fund 1,200,000 1,200,000 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 $ 79,987,982 $ 80,026,243 Action Required bv Council: Adopt Ordinance Amending Fiscal Year 2005-06 Budget for $38,261 III the Grant Fund for Park Zone #5 expenditures. Approved for Citv Council Aeenda u - c) I - ()~ Date ORDINANCE NO. 2836-D 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 22nd day of August, 2005, in Ordinance No. 2005-2836, 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 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. 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, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. This Ordinance shall be effective upon its passage and approval, and it is so ordered. 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, thisd~ay of ~, 2006. By: ~~y~ A ton E. Porter, Mayor ATTEST: ~tJjJjp- g. ~j M ha A. ill tt City Secretary w ~~~ z:wr T ~ /I;y--/ r. c rTe,-' K1!'t'. 2 City of La Porte Interoffice Memorandum TO: Mayor and Council .r-:tJ Shelley Woln~ Budget Officer FROM: DATE: June 16, 2006 SUBJECT: Agenda Item Tabled at June Ith Council Meeting This agenda item has been brought forward from the June Ith Council Meeting. The numbers were correct; however, the caption should have read that the Grant Fund, not the HotellMotel Fund, was being amended for expenditures of$38,261 for Park Zone #5. The park zone funds were moved into the Grant Fund per the auditor's recommendation. The money is still collected in the General Fund, and an adjustment is made at the end of the year to relocate it to the Grant Fund where the money will be held in reserve until expended. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 12, 2006 Appropriation Requested By: Cynthia B. Alexander Source of Funds: N/A Department: Finance Account Number: N/A Report: Resolution: Ordinance: x Amount Budgeted: N/A Amount Requested: N/A Exhibits: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION J1eri' D ptJ.lf:e 0 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) Previously Proposed Original Budget Amended Budget Amended Budget General Fund 25,987,077 26,756,553 26,797,153 * Grant Fund 2,793,931 2,936,882 3,018,120 * Hotel/Motel Occupancy Tax 334,280 472,143 472,135 * 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 6,811 ,224 6,811,224 Sylvan Beach 208,683 216,881 216,881 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 1,241,835 1,241,835 Motor Pool 1,661,304 2,455,900 2,455,900 Insurance Fund 4,017,103 4,017,103 4,017,103 Technology Fund 956,611 958,068 958,068 General Capital Improvement 433,500 459,485 488,885 * Utility Capital Improvement 715,000 732,950 3,357,950 * 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 1,660,000 1,660,000 * 2002 General Obligation Bond Fund 732,789 732,789 732,789 2004 Certificate of Obligation Bond Fund 10,000 10,000 10,000 2005 Certificate of Obligation Bond Fund 1,800,000 1,800,000 1,800,000 2005 General Obligation Bond Fund 7,700,000 7,700,000 10,500,000 * 2006 Certificate of Obligation Bond Fund 5,800,000 * 2006 General Obligation Bond Fund 1,200,000 * 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 $ 67,450,013 $ 80,026,243 Action Required bv Council: Adopt Ordinance Amending Fiscal Year 2005-06 Budget for: A. $42,977 in the Grant Fund for a Vulnerability Reduction Purchasing Plan Grant from the US Department of Homeland Security PU(,,(,(f() -D. E. B. C. $21,000 in the General Fund for mid-year addition of personnel for the Inspection Services Division $35,000 in the General CIP Fund for Pond to Park project based on the agreement between the City and the Fairmont Park East Homeowner's Association. $38,261 in the HotellMotel Fund for Park Zone #5 expenditures. $14,000 in the General Fund for $14,000 approved from City Council Reserves for Spenwick Park (Already approved but budget not previously amended). $2,625,000 in the Utility CIP Fund for the Automated Meter Reading Project. $2,800,000 in the 2006 General Obligation Bond Fund for the additional funds for the Police Facility. $5,800,000 for the addition ofa 2007 Certificates of Obligation Bond Fund $1,200,000 for the addition of a 2007 General Obligation Bond Fund. $5,600 correction to the Budget Amendment from March 13th for the additional money needed for Spenwick Park from Council Reserves. (General Fund will need to be increased and General Fund CIP will need to be decreased by $5600). $8 correction to the HotellMotel Fund. F. G. H. I. J. K. tCI -U1 -0 ~l Date ( CA'l"'U.;:jt~ ct ,;) ItJ1v;{ .:.., fJ I ( J A . . if 1. tL[ t:L4l -If {to JLJ./jL4.AC r!..e _ ~Lb If "YlL L/ a t a9i:..~ . c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 26. 2006 Appropriation Requested By: Susan Kellev Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: xx Amount Budgeted: Bidder's List Amount Requested: Exhibits: Bid Tabulation Exhibits: Ordinance 2006- Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Advertised, Sealed Bids S#0600 1 through #S06005 - Sale of Properties were opened and read on Tuesday, May 23, 2006. Offers to respond were sent to residents/owners surrounding the properties for sale, in addition to area developers and real estate agents. The only responsible bid meeting the required minimum for any of the properties was returned by Terra Medica LTD (Dr. Marcus Aquino). He submitted a bid for Bid #S06005 - Sale ofPt. OfTR 5A (1.916 Acres) out of2.8678 Acre Tract at McCabe Road, in the amount of$85,083.00. The minimum amount required was $75,000. As a qualification of the bid, a cashier's check was submitted for 5% of the total bid. Florence Helm, Secretary of the Bay Colony Council of Co-Owners provided a bid of $600 for Bid #S06002 - Sale of 0.43 Acre Tract, a.k.a. Water Plant Site, Block 8, Bay Colony. The minimum required was $15,000. John Andre, 519 N. Shady Lane provided a bid of $8,000 for Bid #S06003 - Sale of 0.3588 Acre Tract, Lot 12B, Shady Oaks Subdivision, William P. Harris Survey, Abstract 30. The minimum required was $17,000. Staff Recommendation: Staff recommends award of Bid #S06005 - Sale ofPt. OfTR 5A (1.916 Acres) out of2.8678 Acre Tract at McCabe Road. Action Required bv Council: Award Bid # S06005 to Terra Medica, LTD. in the amount of $85,083.00 and direct staff on further actions of the remaining properties. D ~; -- ,~( -1J& Date ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W, FAIRMONT PARKWAY P,O, BOX 1218 LA PORTE, TEXAS 77572-1218 KNOX W, ASKINS ..JOHN 0, ARMSTRONG CLARK T, ASKINS TELEPHONE 281.471.1886 TELECOPIER 281.471.2047 K A SK INS@HOUSTON.RR.COM JOHN-A@SWBELL.NET eTA SKINS@SWBELl.NET June 12, 2006 Ms. Martha A. Gillett City Secretary City of La Porte City Hall La Porte, Texas JlJN 1 ~2006 ~ Re: Sale to Dr. Aquino Dear Martha: Dr. Aquino has advised me that he is getting a loan from Chase Bank in Houston, to finance his purchase of the McCabe Road property from the City of La Porte. Please put the enclosed ordinance and attached special warranty deed, on the City Council agenda of June 26, 2006. I can then have the papers ready to deliver to the title company, in exchange for the title company's check for the balance, when it is ready to close. /"\ Yours)'ery truly, -,/ . , i 1(/0---+ V Knox W. Askins City Attorney City of La Porte KWA: sw Enclosures cc: Ms. Susan Kelley Purchasing Manager City of La Porte Mr. John Joerns Assistant City Manager City of La Porte ORDINANCE NO. 2006 - a ~ q 1 AN ORDINANCE AUTHORIZING AND APPROVING THE CONVEYANCE OF PART OF TR SA, (1.916 ACRES) OUT OF 2.8678 ACRE TRACT, W.P. HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS, TO TERRA MEDICA, LTD., A TEXAS LIMITED PARTNERSHIP, MAICING 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. Sales price shall be $85,083.00. 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 26th day of June, 2006 By: CITY OF LA PORTE ~S:~L_ Alton E. Porter Mayor ATTEST: :1!l4 ;J, . k{dI Mar ha . GiffitE City Secretary ,1 APPRO~ED : / t%qJ!..~~ Knox W. Askins City Attorney 2 SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: ~- ~~ , 2006 Grantor: CITY OF LA PORTE, a municipal corporation Mailing Address: 604 West Fairmont Parkway La Porte, TX 77571 Grantee: TERRA MEDICA, LTD., a Texas limited partnership 1213 Hermann Drive #530 Houston, TX 77004 Mailing Address: Consideration: Ten and NO/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements) : PART OF TR 5A, (1.916 ACRES) OUT OF 2.8678 ACRE TRACT, W. P. HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO, INCORPORATED BY REFERENCE HEREIN AND MADE A PART HEREOF FOR ALL PURPOSES. Reservations from and Exception to Conveyance and Warranty: Taxes for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. By: CITY OF LA PORT ~(j) DEBRA BROO S City Manager ATTEST: ~atd~"ti:- ...dt(" Cit Secre ry STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ , ~ instrument was acknowledged before me on the ~ day of ~ , 2006, by DEBRA BROOKS FEAZELLE, City Manager of the City of ~~ Porte, a municipal corporation. , ~"m. ~\ ri ri . ~ - ....~gj 8."""- SHERRY RAE JENNINGS MY COMMISSION EXPIRES JaooaIy 22, 2007 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 LEGAL DESCRIPTION Being a tract ofland containing 1.916 acres, more or less, out of a 2.8678 acre tract, out of the W.P. Harris Survey, Abstract 30, in the City of La Porte, Harris County, Texas, said 1.916 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a ~ inch iron rod found marking the intersection of the West right- of-way line of South Broadway (120' RO.W.) and the South right-of-way line of McCabe Road (75' RO.W., called 80' RO.W.); THENCE West, along the South line of said McCabe Road, a distance of 282.53 feet to the Northeast comer and POINT OF BEGINNING of the herein described tract, in the centerline of a H.C.F.C.D. drainage easement described in Deed recorded in Volume 1866, Page 576 and Vol. 1788, Pg. 73, D.R.H.C.; THENCE continuing West, along the South line of said McCabe Road, a distance of 424.47 to a ~ inch iron pipe found marking the Northwest comer of the herein described tract, same being the Northwest comer oTsaid 2.8678 acre tract; THENCE South 010 15' 00" ;E"'~t, along the West line of said 2.8678 acre tract, a distance of 177.31 feet to a point for the Southwest comer of the herein described tract, same being the Southwest comer of the said 2.8678 acre tract, from which a % inch iron rod found bears West, 0.39 feet; , . , THENCE East, along the South line of said 2.8678 acre tract, a distance of 525.26 feet to a point for the Southeast comer of the herein described tract, in the centerline of said H.C.F.C.D. easement; THENCE North 240 35' 18" West, along the centerline of said drainage easement, a distance of 66.70 feet to a point; THENCE North 330 24' 13" West, along the centerline of said drainage easement, a distance of 139.69 feet to the POINT OF BEGINNING and containing 1.916 acres of land, more or less. 11-25-05 EXHIBIT DAD SALE OF PROPERTIES DESCRIPTION ACREAGE APPRAISAL BID 230 Dwire Drive (Bay Oaks Subdivision) 0.22 $13,440 Bay Colony (Old Water Plant Site) 0.43 $15,000 $600 Shady Oaks Subdivision 0.3588 $17,000 $8,000 3927 Willmont Drive (Treat Plant Site) 4.53 $288,000 Reserve Block 39 (Fairmont Park West) 0.39 $30,000 Me Cabe Road 1.916 $75,000 $85,083 The appraisal amounts established the specified required minimums CITY OF LA PORTE BIDDER'S LIST SALE OF PROPERTY - S06005 T ARRA MEDICA LTD. 1213 HERMANN DR., SUITE 530 HOUSTON, TX 77004 AGILE HOMES, INC. PO BOX 41 LA PORTE, TX 77572-0041 BG HOMES, INC. 915 FOX TRAIL PASADENA, TX 77504 BAY AREA HFH HOUSTON LA PORTE PO BOX 1284 DICKINSON, TX 77539 HABITAT FOR HUMANITY PO BOX 2087 LA PORTE, TX 77571 KM BUILDERS 23313 WATER WAY SEABROOK, TX 77586 JIM WALTER HOMES, INC. 1003 N. FREEWAY HOUSTON, TX 77037 BOYLE REALTORS 119 S. 2ND STREET LA PORTE, TX 77571 MAIN PROPERTIES 202 W. MAIN LA PORTE, TX 77571 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 (218) 471-1123 info-lpcc@laportechamber.org JACK T. CARSON KELLER WILLIAMS REALTY CLEAR LAKE/NASA 1830 NASA PARKWAY, SUITE 100 HOUSTON, TX 77085 ATLANTIS HOMES, INC 3408 BAYOU FOREST DRIVE SHOREACRES, TX 77571 BAYOU HOUSING PARTNERS, INC. PO BOX 955 FRIENDSWOOD, TX 77549-0955 GRAY ENTERPRISES 707 MEMORIAL DRIVE BAYTOWN, TX 77520 J BOURQUE AFFORDABLE HOMES 2806 CARMEL WOODS SEABROOK, TX 77586 DECKER McKIM 3101 NASA ROAD 1, SUITE D SEABROOK, TX 77586 WESTERGREN HOMES PO BOX 610 LA PORTE, TX 77572-0610 EXPRESS REALTORS 9704 SPENCER HWY LA PORTE, TX 77571 DONNA & ANDY HOLMAN KELLER WILLIAMS REAL TV 9726 WILLMONT LA PORTE, TX 77571 BA YSHORE PUBLISH DATES MAY 03,2006 MAY 07,2006 SALE OF PROPERTIES DESCRIPTION ACREAGE APPRAISAL BID 230 Dwire Drive (Bay Oaks Subdivision) 0.22 $13,440 Bay Colony (Old Water Plant Site) 0.43 $15,000 $600 Shady Oaks Subdivision 0.3588 $17,000 $8,000 3927 Willmont Drive (Treat Plant Site) 4.53 $288,000 Reserve Block 39 (Fairmont Park West) 0.39 $30,000 Me Cabe Road 1.916 $75,000 $85,083 The appraisal amounts established the specified required minimums fr? -;2 lti__{J~ IY7(t~(/G ~ t c ," ) \tju~ /1/71 t1p~ ~ {i~ ~t./ ~ ..,..{L.;/L,.. Ok/!. ~ i l!.1.t, ! -ft. LJ{':ZIju jlJi ~ ~r~. I {/'1-b V--lt-t ,.1'11.d..'-I-Z41"'" ;1 "(~ y ! ~HAf~_ ' (f) OJ t OJ Q. o ct ~ <1l (f) en W - I- tt: W a.. o Itt: a.. iW 1..J <C en LL o Z o - ~ o o ..J ,,"~(,f) ""~'~";.,' tn ...~ \oJ:.) j'tIJ /it .~" \ V':J ,,>--;i~ ,., ~ /" J/t;ie~'~~rtfl"" ,'~. Ie, , . , . [ . ~~ " """,I. ~ ." ,~ . rn~ \tt"t:~ -. ...... }.~ . ..-. a ~ - .. .. - ... .. t~~, I!" - .. - \ .. ~ ~ ~'''~''~I ~i:~'--~~'*;o()':':--~~i~-l~--; .. tl ~- - :Ac, - ..... ;II ~IJ t K'"i!'I! " '" lit<~ \<;~ o " ~ ~...... :E -< ..... .I>- m - ~I ei &; .t~ l' " .... ~, 'r. . ,: ~' IrIf Ja ~ .~..!j 'i ~ , I " ,t I >l'~~..'.. ?.;., " '\ ~ ,J D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 26. 2006 Budl!et Requested By: Jeff SU22s/Susan Kelley Source of Funds: N/A Department: Emer2ency Mana2ement/Purchasin2 Account Number: Report: XX Resolution: Ordinance: Amount Budgeted: Exhibits: Interlocal Agreement Amount Requested: Exhibits: Contract Specifications & Pricinl! Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION On May 02, 2006, Harris County awarded Job #06/0095, Term Contract for Debris Removal and Disposal Service. The award went to Omni Pinnacle, LLC, of Slidell, Louisiana, as the primary contractor and DRC Emergency Services, LLC, of Mobile, Alabama, as the secondary contractor. The annual term contract begins on June 1,2006 with four (4) renewable options for one (1) year periods. Staff Recommendation: Approve Interlocal Agreement with Harris County and Omni Pinnacle, LLC and DRC Emergency Services, LLC. Action Required bv Council: Approve Interlocal Agreement with Harris County for debris removal. , I] L -i~l9-~u ~ '\ i ! JO /~\LV . 1Cl 'DedJ B. Feazene fu (/ ./ c:2 ( --- 0 (0 Date ORDINANCE NO. 2006- ~ ~1~ AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT FOR DEBRIS REMOVAL AND DISPOSAL SERVICES BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, TEXAS, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ~-_..._._-"-_____,.,.~w_~_._._,...._._...______..._."~._~_______...."....-'~... PASSED AND APPROVED, this 26th day of June, 2006. By: CITY OF L~TE C~~. ~_ Alton E. Porter, Mayor ATTEST: LJ!l Wk II rA<twJ/ Mart a A. Gillett City Secretary APP..R...OVED: ~ ;,f ~td~ Knox W. Askins City Attorney 2 INTERLOCAL AGREEMENT FOR DEBRIS REMOVAL AND DISPOSAL SERVICES This Agreement made this tJi!:daY ofD1J~ between the City of La Porte, Harris County, Texas, and Harris County, Texas. v-=-- WITNESSETH Pursuant to the authority granted by the Texas Interlocal Cooperative Act (Texas Local Government Code, 791, et seq.) providing for the cooperation between local governments, the parties hereto, mutually agree to the following: 1. The City of La Porte ("La Porte") hereby designates it's Emergency Management Coordinator and Assistant Director of Public Works to act under the direction and on behalf of La Porte for debris removal and disposal services pursuant to Harris Count's Agreement with Orrmi Pinnacle, LLC (Orrmi), as primary contractor and DRC Emergency Services, LLC (DRC), as secondary contractor, which was let in accordance with Chapter 252 of the Texas Local Government Code and all other applicable laws and which agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes II. La Porte, by execution of this Agreement, agrees to directly pay Orrmi and/or DRC upon receipt of goods and/or completion of work specified for La Porte's debris removal and disposal services, according to the description contained herein, and after receipt of a proper invoice, therefore an amount based upon the unit pricing detailed in Exhibit "A". Neither Harris County nor La Porte shall assume any responsibility or liability to pay for materials purchased or services performed for the benefit of the other entity. La Porte's payment required by this contract shall be made from current, available revenues, as approved by La Porte City Council. Furthermore, both parties agree that no payment has been, or will be made to Harris County for any services or functions required to be performed under this Agreement. In obtaining the services of Orrmi and/or DRC, La Porte has relied solely on its own inspections, investigations, and due diligence regarding the services and La Porte acknowledges that Harris County has made no representations or warranties expressed or implied with respect to the services to be rendered. III. This agreement shall take effect upon execution by the signatories and shall serve as each governmental body's commitment pertaining to La Porte's purchase of the goods and services referenced in Article I hereof. This Agreement has been authorized by the governing bodies of the parties hereto. IV. This Agreement shall be in effect from and after the 1fllday o~ . the date of execution by La Porte. v--- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers the day and year specified in Article IV. CITY OF LA PORTE ~~~ HARRIS COUNTY (Signature) (Printed Name) (Title) ATTEST: ATTEST: vtrl~c4~ Martha Gillett, City Secretary (Signature) (Printed Name) (Title) REVISED PER ADDENDIJM NO.1 fBICINGtDJUJVER.Y INFORMATION I. Pricin2: Bidder must complete open boxes to right of double vertical lines. Until the contract is activated, Harris ColUlty will not know the actual quantity of service needed. Quantities are estimated, Harris County may require more or less. Item ~ 'P4 rI) iD ~ ~ ~ fl l>> Des(ription Debris removal and disposal services Debris removal and disposal services for inmganic a. ~ material (1-1,000 cu. yds. per setup) Debris removal and disposal services fOr ~ ~material (l - 1,000 cu. yds. per setup) Debris removal and disposal services for ino~c Co ~ material (1001 - 5,000 cu. yds. per setup) Debris removal and disposal services for ~ debris material (1001 - 5,000 cu. yd.'!. per setup) Debris removal and disposal services for inomanic debris material (5001 cu. yds. and above per setup) ~ removal and disposal services for ~ dm material (5001 cu. yds. and above per setup) Setup fee - (Set up of equipmeI14 manpower, etc. each time contract is activated) a. Setup fee for I - 1,000 cu. yds. Setup fee for 1,001 - 5,000 cu. yds. Total B~dw~mni Pinnacle Cu. Yd. 4,000 $8.15 $32,600.00 Cu. Yd. 8,000 $9.15 $73,200~00 Cu. Yd. 5,000 $8.15 $40,750.00 Cu. Yd. 10,000 $9.15 $91,500.00 Cu. Yd. 10,000 $165,000.00 Cu. Yd. 15,000 ea 2 ea 2 o NOTE: All landfall fees such as tipping fees or, any other fees associated to the disposal of the debris should be included in the cubic yard price for items I.a-f listed above. 11. PavmeDt Discount: Indicate the payment discount(s) available depending on when invoices are paid. For example, ]/30 means a 1% discount ifpaid within 30 days, 2/15 means a 2% discount ifpaid within 15 days, etc. m. Renewal: Harris County may request to renew the original contract, as amended from time to time, at the same terms, conditions and with future pricing, for labor only, revised according to Attaclunent n., CPI- W Based Price Adjustment Calculations. Each renewal will be in one (1) year increments, not to exceed four (4) years. Page 13 of21 . I 'I. - dEVISED PER ADDENDUM NO.1 PRICINGIDELIVERY INFORM A TION I. Pricin2: Bidder must complete open boxes to right of double vertical lines. Until the contract is activated, Harris County will not know the actual quantity of service needed. Quantities are estimated, Harris County may require more or less. Item Description es Debris removal and disposal services l:!r.. Debris removal and disposal services for inoJillI1ic !-~ M ~~ a. ~ material Cu. Yd. 4,000 $18.95 $75,800 ~~(~ (1- 1,000 cu. yds. per setup) In ~.. Iff Debris removal and disposal services for ~ ~ ~~ b. m.bri& material Cu. Y d. 8,000 $11.47 $91,760 ~ (1 . 1,000 cu. yds. per setup) I Debris removal and disposal services for ino~ M c. dm material Cu. Y d. 5,000 $17.95 $89,750 ~ (l00 1 - 5,000 cu. yds. per semp) I Debris removal and disposal scmces for ~ $11.28 CO d. ~ material Cu. Y d. 10,000 $112,800 ~ (1001- 5,000 cu. yds. per setup) CO Debris removal and disposal services for inomanic ~ material Cu. y d. 10,000 $17.85 $178,500 (500 I cu. yds. and above per setup) Debris remova1 and disposal services for ~ lkbriI material Cu. Y d. 15,000 $11.22 $168,300 (500 1 cu. yds. and above per setup) Setup fee - (Set up of equipment, manpower, etc. each lime contIact is actiwted) Setup fee for 1- 1,000 elL yds. ea 2 0 0 Setup fee for 1,001. 5,000 cu. yds. ea 1 0 0 Total NOTE: All landfill fees such as tipping fees or any other fees associated to the disposal of the debris should be included in the cubic yard price for items 1.a-f listed above. n. Pavment Discount: Indicate the payment discount(s) available depending on when invoices are paid. For example, 1130 means a 1% discount if paid within 30 days, 2/15 means a 2% discount ifpaid within 15 days, etc. m. Renewal: Hams ColUlty may request to renew the original contract, as amended from time to time, at the same tenns, conditions and with future pricing. for labor only, revised according to Attachment 0., CPI-W Based Price Adjustment Calculations. Each renewal will be in one (1) year increments, not to exceed four (4) years. Page 13 of21 " - 8 ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W, FAIRMONT PARKWAY P,O, BOX 1218 LA PORTE, TEXAS 77572-1218 KNOX W, ASKINS ..JOHN 0, 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 June 19, 2006 JUN 1 9 2006 Ms. Martha A. Gillett City Secretary City of La Porte City Hall La Porte, Texas Re: Agenda Request for Centerpoint Energy, Inc. Matters -- June 26, 2006. Dear Martha: Please place the ordinance approving and authorizing an agreement between the City of La Porte and Centerpoint Energy Houston Electric, in connection with the rate case, on the City Council agenda of June 26, 2006, as an action item. Mr. Richard Orum, Service Area Supervisor for Centerpoint Energy, Inc. has advised me that all of the coalition cities, together with some additional cities within the company's system, have approved the "Term Sheet for Settlement of Centerpoint Energy Houston Electric (CEHE) Rate Case". It is my understanding that the approval by the cities is not binding upon the Public utility Commission. Upon passage of the requested ordinance, the City of La Porte would join the other cities in their petition to the PUC to approve the agreement. Please place on the June 26, 2006, agenda, the enclosed ordinance granting Centerpoint Energy Houston Electric, LLC, a 30 year franchise, as a workshop item. The City's Horne Rule Charter requires two (2) readings on an ordinance granting a franchise, which readings must be more than thirty (30) days apart. I am requesting that the franchise ordinance be placed on the City Council agenda of Monday, July 10, 2006, for its first reading, and placed on the City Council agenda of Monday, August 14, 2006, for its second reading. Following passage on second reading, the caption of the ordinance noting the place where the full text may be examined by the public, shall be published once each week for four (4) consecutive weeks in the Bayshore Sun, the official newspaper of the City. The ordinance takes effect sixty (60) days after its final passage, which will be on October 15, 2006. ASKINS & ARMSTRONG. P. C, ATTORNEYS AT LAW Martha A. Gillett June 19, 2006 page 2 Mr. Richard Orum of Centerpoint Energy will be present for the meeting of June 26, 2006, to answer any questions which City Council may have concerning either of these items. Y~trU1Y' Knox W. Askins City Attorney City of La Porte KWA: sw Enclosures JSP REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 24. 2006 Appropriation Requested By: Debra Feazelle, City Mana2er Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance 2006- Amount Requested: Exhibits: A2reement Budgeted Item: Nt A Exhibits: SUMMARY & RECOMMENDATION The Public Utility Commission of Texas issued an order requiring CenterPoint Houston to file a transmission and distribution rate filing package on or before April 15, 2006. CenterPoint has approached La Porte to enter into an agreement with CenterPoint that would resolve all issues related to the docket, to continue existing base rates, and to establish certain procedures to be applied to CentePoint for the calendar years 2006-2009 as listed in the attached Term Sheet for Settlement of CenterPoint Houston Electric Rate Case. Staff recommends Council approve of an agreement with CenterPoint Energy Houston Electric. Action Required bv Council: Consider approval of an ordinance approving an agreement between the City and CenterPoint Energy Houston Electric. 4- Jq~tJta Date I [AJ~~ 0 ~ rh{J~ ORDINANCE NO. 2006- ~ <j'iq AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND CENTERPOINT ENERGY HOUSTON ELECTRIC; 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. lbis Ordinance shall be effective from and after its passage and approval, and it is so ordered. ~ ~, D fA PASSED AND APPROVED, this ~-rla ~ A~ ~ 2006. ~~~ L~.\~ By: Alton E. Porter, Mayor ~tJ-M Martha A. Gillett City Secretary L ,/""" ,. J (' APPROVE, '.~,', '(;' ~~ 'vurl-' 11- Knox W. Askins City Attorney TERM SHEET FOR SETTLEMENT OF CENTERPOINT ENERGY HOUSTON ELECTRIC (CERE) RATE CASE 1) Provide a system wide annual benefit of $70 million ($50 million plus $20 million for renegotiated City of Houston franchise) for each of the years 2006-2009* - Y '1 r.s Dollars in Millions System Wide a. Conservation/Energy efficiency programs** b. Public use to promote health, safety, welfare of citizens and rate credits c. Fralf,<;:hise payments to non-Houston cities d. Renbgotiated franchise payment to City of Houston e. Storm reserve $15 T otaIs in millions $26 $ 4 $20 $ 5 $70 2) Current CEHE base rates will not change. 3) The Company will continue to be able to file for the following: a. Updates to Transmission Cost Recovery Factors b. Updates to Transmission Cost Of Service c. Surcharges for advance metering as approved by the PUC (parties may intervene) d. Tariffs/riders to comply with the retail market's new terms and conditions 4) Beginning with the reporting :year 2006, CEHE agrees to file an Annual Settlement Report providing a calculation based on the PUC's current annual Earnings Monitoring Report. The expenditures associated with paragraph 1 above shall be included in the report afld considered reasonable and necessary expenses for purposes of calculating CEHE's earned returns on equity (ROE) and overall cost of capital. There will be a ROE range of 10% to 11 %. In the event that the calculated ROE is above the 11 %, an additional amount equal to one-half of those excess revenues above that point will be provided as an additional benefit prorated between conservation/energy efficiency programs and public use in the calendar year following the year monitored by the Annual Settlement Report. In the event that the calculated ROE falls below the 10%, then one-half of the revenue shortfall will reduce the annual benefit prorated between conservation/energy efficiency programs and public use. In the event that the ROE exceeds 12%, the settlement agreement may be reopened. See Appendix A Confidential for settlement purposes only 1 '<. 5) CERE agrees to file a system wide rate case in June 2010, based on a 2009 test year, unless the Cities and the Company mutually agree that such a filing is unnecessary. 6) Rates can be adjusted for force majeure (including but not limited to regulatory/legislative changes, tax law changes, accounting changes or terrorism). * ** Assumes agreement by all coalition cities. The annual benefit associated with conservation/energy efficiency programs is in addition to the $13 million currently in base rates. Confidential for settlement purposes only 2 AppelJdix A CenterPoint Energy Houston Electric (CEHE) If ROE> 12% - Option to Re-Open If ROE> 11 % Excess Revenues Shared SO/50 and Provided as an Additional Annual Benefit* 11.0% ROE If ROE is within this Range, ............ t 10.5% Midpoint ROE No Change to Annual Benefit ! 10.0% ROE If ROE < 10% Annual Benefit to be Reduced by One-half of Revenue Shortfal1* ~~cre'hncv~~tJ~\r~cf~sr:~~gnservationfenergy Confidential for settlement purposes only 3 ALLOCATION OF BENEFITS Recommendation for the proposed allocation of the annual benefit of $50 million is as follows: 1. Franchise agreements for cities other than Houston will be extended for 30 years or until 2046, which ever is sooner, contingent on an approved settlement agreement. The franchise payments for these cities will be based on the average of the two highest years from 1998-2005, but in no case will it be less than the highest annual payment received since deregulation. This is consistent with the mechanism used in the City of Houston's new franchise agreement. Re-negotiated franchises are not reflected in current base rates and will be taken into account under paragraph 4 of the term sheet. The City of Houston annual franchise payment increased by approximately $20 million. 2. Storm reserve in the amount of $5 million is an estimated annual amount to build the reserve to handle costs associated with a catastrophic event and will be applied on a system-wide basis only. 3. Additional Conservation/Energy Efficiency measures above those included in current base rates are projected to be approximately $15 millIon a year. The projected funding will be allocated between the City of Houston (40%) and all remaining areas (60%). The 40% allocation approximates the revenues received from meters located within the City of Houston. 4. Any remaining dollars that have not been used to achieve the $50 million annual benefit will be allocated to Public use to promote health, safety & welfare of citizens and provide rate credits. These amounts will be allocated based on a ratio of kwh delivered in each city to the kwh delivered on the total system. Based on above, the following allocations were determined: Total system wide annual benefit $50 million I) Houston total * Conservation/Energy Efficiency Public Use $16 million $ 6 million $10 million 2) Non Houston total Franchise Conservation/Energy Efficiency Public Use $29 million $ 4 million $ 9 million $16 million 3) Storm Reserve $ 5 million * Increases to $36 million when renegotiated Franchise payment of $20 million is added. Confidential for settlement purposes only 4 CenterPoint Energy Houston Electric - Energy Conservation Expansion Plan Projected Curr~nt Additional Pro!rram Pro2l"am Type Spending Spending Community Weatherization Low Income - Existing $0.4 $1.6 Hard-to-Reach Std. Offer Low Income - Existing 1.9 1.0 Multi-Family Water/Space Htg Low Income - Existing 0.5 0.5 Energy Star Affordable Homes Low Income - Existing 0.1 0.5 Appliance Recyc1ing/Replacement Low Income/Residential- New 1.0 Community Agency Outreach Low Income - New 1.0 Multi-Family Energy Efficiency Multi-Family Res. - New 1.0 Energy Star New Home Residential - Existing 3.0 1.0 Trees for Efficiency Res.fLow Income - Existing Pilot 0.1 0.2 Energy OutreacbJEducation Residential - New 1.0 Residential/ Sm Commercial Std. Offer ResJSm.Commercial- Existing 0.8 1.0 T-,oad Management Res./Commercial- New 0.1 0.5 Jreen Building / LEED Program Commercial - New 0.5 Commercial/Industrial Std. Offer Commercial/Industrial Existing 4.6 2.0 Building Commissioning Commercial/Industrial Existing 1.6 0.5 Smart Schools Institutional - Existing Pilot 0.3 0.7 Municipal Efficiency Program Municipal- New 1.0 Total $13.4 $15.0 -- (1) All spending values in million $ (2) Projected additional spending is incremental over current spending. I,q ~l Confidential for settlement purposes only 5 CriteriaJRationale for Selectin{! Pro!rrams . Emphasize Residential and low income but not exclusively . Scale-up existing programs based on current demand for them . Select programs with fast start-up . Add new programs which we have implemented in past or which have been implemented by other utilities . Select programs that are sustainable and can transform energy efficiency Diarkets . Leverage and expand the Pleasantville weatherization initiative . Integrate the TDHCA weatherization program into low-income weatherization program . Utilize local community action and development agencies as an energy conservation delivery channel . Initiate a strong bilingual consumer outreach and education program that gives consumers useable tools aIid information to control and manage energy bills . Programs are implemented through the competitive market by energy efficiency service providers tq maximum extent Pro{!ram Descriptions Community Weatherization - Expansion of the Pleasantville weatherization project to other communities and multi-family dwellings. Integrates TDHCA Weatherization Program. Hard-to-Reach Standard Offer - Incentives for energy efficiency measures targeting customers below 200% of federal poverty guidelines. Multi-Family Water and Space Heating - Incentives to developers for installation of gas water and space heating in apartments, primarily low-income. Energy Star Affordable Homes - Promotion of Energy Star efficiency standards in affordable new home market. Appliance Recycling/Replacement - Removal of old refrigerator and replacement with new energy efficient model for low income customers. Also includes window AlC upgrades plus insulation addition. Community Agency Outreach - Incentive program for efficiency upgrades to new and existing homes through area community development and action agencies such as Sheltering Arms, Urban League, Habitat for Humanity, Rebuild Houston Together, etc. Multi-Family Energy Efficiency - Incentives to builders/developers who build apartments to Energy Star standards. Energy Star New Home - Promotion of energy efficient new home construction through incentives, training, Energy Star certification. Confidential for settlement purposes only 6 Trees for Efficiency - Promotion of tree planting to promote shading and reduced AlC energy use. Includes low income component involving City of Houston/Houston HOPE organization. Energy OutreachlEducation - Area-wide dissemination of educational materials and kits to give customers tools to reduce energy use. Residential/Small Commercial Standard Offer - Incentives for a variety of residential and small commercial efficiency measures. Load Management - Payments to customers for shifting electric load from peak to off-peak periods. The City of Houston plus other cities have participated in this type of program in the past. Green BuildingILEED Program - Incentives to commercial developers/building owners for construction of greenlLEED (Leadership in Energy and Environmental Design) qualified buildings. CommercialJIndustrial Standard Offer - Incentive program for installation of efficiency measures in large commercial and industrial facilities. Building Commissioning - Energy audit and building tune-up for commercial and industrial facilities. Smart Schools - District-wide energy management program for local school districts. Municipal Efficiency Program - Incentives for energy efficiency projects at municipal facilities including office buildings, water/wastewater facilities, traffic light upgrades to LED's. Confidential for settlement purposes only 7 > =. .. 3. ... l/:' c. ; o ;;- ... ~ '" ri ::;> II 1:1 So t;" .. t;" 1:1 o - 'i p: ~ ~~ !;;" "'0 o i ~n ~t;j o co ~ <>> (01-1 -<>> Q ~rI.l <>> ~ N Q ~. ~S ~ ~~~4~ ..... (x) co <..> ~ ~ - ~ ~. ~~ 5JJcn (Or- ~UJ o -i ~ . 0 0 ~ it 0 ~-- ~ o ~ ~ "0 OCC no!:!: ->.cna,=n ~r-CDSDC NUJQ.; ~ ~ = <>> ;:;: i:n ::r ->. ::I ~ CD IllC:;tJ iiI ~ 0 ->. ClII oc; C ~ -111::1 {; ~a..i :5 as-a. o iiI o c. - - re .."Co -:- Q ~~ W ~~ .. ~ ~ ::; ;... .. N"i os = tO::O (It "'''' a--C\ ...... ii!'w .. e ~ if 11... ~< ~ i 5 t; t1' N .., e & ~!Lis- ~8...= l!l "'<jl>- =1& ":Ie .. . =" ; gl;; ~ UlI D S' e · ~ ... I;~ > ~~ ~ 88 .. 00 00 'J w~ ...'" '>3="'~ ;;;;~5~ge eo .'E.p.-,&- ...... ~. ~ r l: EE!fgs-* ...... '" ~r;rr = q E" ~5o!~~ ;;;:;it~~: ~8:; lei! ~5! "g~&~ ~~ aq;. 2 -- ~~ v.~B~ 88 !! 9OPO_C- ...... Iii" ...'" .. w.., tI:l ~1: ~ i ~ ~EI=SI;r lllfl1:!l~lq ;:!;::! ElIl lii"2.. """";a."t" ~a - I I 0< III n@ I~ ~i . ~ ~ ~ ~ Dereaulation of Electric Utility Industrv - Januarv, 2002 Prior to deregulation - integrated utility, same company generated electricity, delivered electricity and billed customers. RELIANT ENERGY . . . Generation Delivery Billing & & Metering Retail subsequent to deregulation - utility (and Reliant) split into three separate businesses. 5 )31 Billina & Retail Retailers Retailers include Reliant Energy, TXU, GEXA Energy, First Choice, Green Mountain, First Constellation, etc. Customers receive one bill from their retail provider. CenterPoint Energy bills the retail providers for "delivering" the electricity. Our portion of the bill received by the customer is about 3.5 cents/kwhr. The average residential rate is approximately 15 cents/kwhr. Franchise Payments . Prior to deregulation, CenterPoint Energy paid 40/0 of gross receipts as a franchise fee. . With deregulation, the utility is unable to pay on gross receipts since the "wire company" does not bill customers. . Senate Bill 7, based upon input from TML, established franchise payments based upon the amount of electricity delivered and the franchise amounts paid in 1998. . $ Paid in Franchise Fees in 1998 = Franchise Factor Kwhr Delivered in 1998 . During subsequent years, franchise fees were paid using the franchise factor Franchise Factor x Kwhr Delivered = Franchise Payment . Proposal - franchise payments will be set as the greater amount of a) the averae of the two (2) highest years from 1998 to 2005 or b) the highest deregulation payment. . Provision for annual adjustment. . Annual Adjustment Annual Adjustment Factor = Year "X" Kwhr 2005 Kwhr REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requ,ested June 7, 2006 Requested By: CIty Attorney Appropriation Source of Funds: Department: City dttQmey'~ Office Account Number: Report: Resolution: Ordinance: x Amount Budgeted: - .... Amount Requested: Exhibits: Ordinance and E-Mail Memo Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Recently it was brought to the City's attention that the tax imposed on coin-operated machines by City Hall might be in excess of the maximum allowable rate prescribed under State law (Texas Occupations Code - Chapter 2153). Currently the City Code of Ordinances imposes a $25 yearly tax, per machine. The City Attorney's office handled the matter by 1) reviewing the requirements of the Texas Occupations Code and 2) contacting an official with the State Comptroller's Office. During the course of the review it was confirmed that the City's $25 annual, per machine tax rate is higher than the maximum allowable rate, which under the Occupations Code is required to be no more than Y.t of the rate of the State annual tax of $60. As a result, the maximum rate the City can assess against a coin-operated machine is $15 per year. Furthermore, the City is required to pro rate this amount based on guidelines contained in the Occupations Code, in the case of machines that are first displayed either in the second, third, or fourth quarter of the calendar year. Thus, the allowable City tax rate to be imposed for a machine displayed in the first quarter is $15; for a machine displayed in the second quarter, $11.25; for a machine displayed in the third quarter, $7.50; for a machine displayed in the fourth quarter, $3.75, The City Attorney notified the City Secretary of the discrepancy after the review, to alert City staff to the proper tax and to cease any collections above the maximum rate. An amendment to Chapter 10 and Appendix A- Fees of the Code of Ordinances has been prepared for your consideration, which incorporate the necessary changes to bring the City in compliance with State law. Also provided for your review is the written notice sent to the City Secretary. Action Required bv Council: Recommendation is to approve the ordinance amending Chapter 10 of the Code of Ordinances and Appendix A- Fees to harmonize City of La Porte coin-operated machine tax rate with requirements of Texas Occupations Code. A & -;)[ ~00 Date ORDINANCE NO. 2006 .~g31,l3 AN ORDINANCE AMENDING "APPENDIX A, FEES," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CONTAINING A REPEALING CLAUSE, CONTAINING 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. Section 10-51 of the Code of Ordinances of the City of La Porte, "Levy; maximum amount; registration of machines", is hereby amended and shall hereafter read as follows, to-wit: "Sec. 10-51. Levy, maximum amount, registration of machines. The city council hereby shall levy and collect the maximum yearly occupation tax authorized by state law on each coin-operated machine exhibited in the city, on an annual basis, at the rate established in Appendix A -- Fees, of this Code, for each machine so exhibited. Each machine upon which this occupation tax must be paid shall be registered with the city by the owner, such registration to contain the make, model and serial number of each machine; each such machine registered with the city shall also be subject to an annual registration fee at the rate established in Appendix A -- Fees of this Code, due for each calendar year, or any part of a calendar year, in which a machine is exhibited. Every machine so registered shall display a decal issued by the city, securely fixed to a noninterchangeable part of the machine. All ad valorem taxes on any and all property, personal or real, necessary to the operation of any business must be paid prior to the issuance of any decal for such operation. (Code 1970, ~ 4 1/2-6(c)) State law references: Authority to levy, Texas Occupations Code Chapter 2153" Section 2. Chapter 10 of Appendix A -- Fees, "Amusements," Article II, "Coin Operated Machines", Division 2. "Occupational Tax", subparagraph (a), is hereby amended and shall hereafter read as follows, to-wit: "(a) Occupational Tax (1) Machine displayed before April 1 ........................ (2) Machine displayed after March 31 ....................... 15.00 11.25 (3) Machine displayed after June 3 0 ........................ 7.50 (4) Machine displayed after September 30 ................... 3.75" Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 4. 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, 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 5. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be in effect from and after its passage and approval. The fees in this ordinance shall be effective upon passage and approval of this ordinance, unless otherwise indicated. 2 PASSED AND APPROVED, this By: ATTEST: 1JkwLatl ~/d Ma tha A. Gillet City Secretary A~ ClrkT.ittr ~ Assistant City Attorney &d: day of fju~. CITY OF LA PORTE ~LY~ , 2006. Alton E. Porter Mayor 3 RE: Coin-operated machine tax ~ Subject: RE: Coin-operated machine tax From: "Gillett, Martha" <GillettM@ci.la-porte.tx.us> Date: Wed, 19 Apr 200608:29:28 -0500 To: "Clark T. Askins" <ctaskins@swbel1.net> CC: "Reff, Richard" <ReffR@ci.la-porte.tx.us>, "Feazelle, Debra" <FeazelleD@ci.la-porte.tx.us>, "Sabo, Wayne" <SaboW@ci.la-porte.tx.us>, "Alexander, Cynthia" <AlexanderC@ci.la-porte.tx.us>, "Harris, Sharon" <HarrisS@ci.la-porte.tx.us> Clark, thanks, Also, please be advised this was reviewed by your office prior to the implementation of this fee. Do they need to go back and refund those who have been charged? Martha A. Gillett, TRMC,CMC City Secretary/Public Information Officer City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 281-471-5020 ext. 5019 r-- From: Clark T. Askins [mailtq:ctaskins@swbell.netJ Sent: Tuesday, April 18, 2006 5:49 PM To: Gillett, Martha Subject: Coin-operated machine tax --2. Martha: Recently I spoke with Michelle at ChiefReffs office about a complaint from a John Kolaski, of Max Amusement Co., in which it was alleged that the city was charging above the maximum allowable tax, under State law, for coin-operated machines. I believe he said the city is charging $25, which would sound right, as Appendix A-Fees of our Code establishes the yearly tax at $25. I looked into this matter by talking to Randy Pitts of the State Comptroller's Office and reading through the Tx. Occupations Code, which actually says that the maximum tax that can be assessed by a municipality is 1/4 "of the rate" of the 1 of2 L1// 1 //nnr:. "''");1 D1\,f x, which is currently $60. Hence, the maximum allowable tax per year the can charge is $15. Moreover, as the state is required to prorate the $60 tax to 4 of the $60 rate (or $15) for each quarter in the calendar year remaining where the operator first displays the machine after March 31, the city may actually charge only 1/4 of the State's prorated tax, where applicable. (That is, if an operator starts a machine in the second quarter, the state tax is $45 / city tax $11.25; where the machine is started in the third quarter, state tax is $30/ city tax $7.50; where the machine is started in the fourth quarter, state tax is $15 / city tax $ 3.75). See Texas Occupations Code Secs. 2153.401, 2153.403, and 2153.451. Therefore, by this email I would like to ask you to alert any city officials that collect taxes on coin-operated machines to suspend procedures for collecting the $25 tax currently applied, and to institute the formula discussed in the above paragraph. Regarding the $25 registration fee also authorized under Appendix A -Fees, we are not prohibited or otherwise limited in collecting the full $25 fee, since the Occupations Code or other State law does not address this specific area. In my opinion we may continue to assess our current yearly fee, and are not required to prorate. Finally, I will prepare an ordinance amending Section 10-51 of the City Code and Appendix A -Fees, which the Chief has said he will present to council. Thanks, Clark 20f2 4/21/20065:24 PM (' REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 26, 2006 Appropriation Requested By: Wayne J. Sabo Source of Funds: CDBG Department: Planninl! Account Number: Grant Fund 032 Report: X Resolution: _Ordinance: ~ 0 Exhibits: Bid Tab Project #06012 (N. 2nd Street) ~;JM~Co. Amount Budgeted: $95,910 ~~ ------- Amount Requested: Budgeted Item: $132,936.33 YES SUMMARY & RECOMMENDATION Harris County Community & Economic Development Department previously awarded the City a CDBG grant to extend and pave North 2nd Street to the E Street ROW, The original grant proposal was to extend 2nd Street and utilities. The amount awarded was $56,475,00 with $55.910.25 for construction. The scope that came back with the contract was only for paving, The contract also did not allow the use of in-house assets to pave the street. The City notified Harris County that the project was short funds to complete the project. On March 27, 2006, City Council amended the budget to accept an additional Harris County award of $40,000 bringing the total construction funding to $95,910, Since awarding the grant, Harris County has changed project officers twice, Although not stated in the scope, the new County project officer stated thatthe extension of the water line with the paving was allowable, As part of the City's leveraging funds, the City has cleared and grubbed the North 2nd Street ROW, surveyed the project area and the Engineer Division designed and bid the project. Given the additional funding, the project was designed with the water line extension included, There were no bidders on the first publication. Harris County instructed the City to re-bid, On the second bidding period, the City received 2 bids with low bid of$132,936.33 from TEXCOR: . Paving $92,332.0 I . Drainage $ 8,769,99 . Waterline $21,834,33 . Contingencies $ I 0,000.00 Value engineering was considered by substituting the lime stabilized sub-grade with low plasticity select fill as well using calcium sulfate instead of cement is a binder in the flexible base. These prospective changes resulted in a net decrease in the cost of the project by $2,506,81, Accepting the substitutions, however, would increase maintenance costs over the lifespan of the street so the substitutions were rejected. Harris County has indicated that the CDBG fund award can be altered to allocate the City an additional $37,053.33 to cover the shortfall. In an effort to preclude losing the bid, Staff is recommending that the City Council consider a conditional award to TEXCOR. The following actions are recommended: · Instruct the City Manager conditionally award a bid to TEXCOR pending receipt of additional funding from Harris County (this allows TEXCOR's bonding to remain in place). · Instruct the Planning Department to withhold the Notice to Proceed pending the City's receipt and acceptance of the additional $37,053.33 from Harris County, Action Required by Council: I. Consider and take action to conditionally award a bid to TEXCOR for the paving and extension of utilities for North 2nd Street. 2. Direct Staff to withhold a notice to proceed pending the receipt and acceptance of additional CDBG funding from Harris County Approved for City Council Al!enda ~/ (j; /1- {)h Date N 0r- e co e =It . t< w I- W w 0::: I- m c z o (J w m J: I- 0::: o Z z o - l- S :J m ~ c - m to " ..- q "I:t '<:l: to ..j 00 " " 0> C"). q to. " .... C") " N V ~ N ..- ~ ~ to CO? '<:l: CO? N cO V CO? 00. at C") N o CO? ..- .... ~ ~ '0 c >- ell E ..J ~ o I- ... o >-00 ell 00 E Q) 00 u ... 0 .8C5.. u c .!!1 0 L..; Q) ell .c.2 ..- ell o > "0 Q) C Q) eIl.c ~-;; C C o .;:: Ol::! C"O '(3 "0 "C ~ a.Q) 00"0 C '00 Q) C 00 0 Q) U ... Q) ar.o ... C/) w c.9 0:: <( I l) 0:: w I I- o C .Q ro E ... .2 C \ ORDINANCE NO. 2006- ~ q 0 D /\;0b\f4 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND TEXCOR CONSTRUCTION SERVICES CO., FOR PAVING AND EXTENSION OF NORTH 2ND STREET; APPROPRIATING $132,936.32 TO FUND SAID CONTRACT, BUT CONDITIONING APPROVAL AND FUNDING OF SAID CONTRACT ON RECEIPT OF ADDITIONAL GRANT FUNDS FROM HARRIS COUNTY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDANINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby conditionally approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary, as set forth in this section. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte, but only at such time and on the condition that the City of La Porte has received an additional CDBG grant fund award from Harris County in the amount of $37,053.33, to allow full funding of said contract. The authority given to the City Manager to execute the contract or agreement approved by this ordinance shall expire sixty (60) days from its passage and approval. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum not to exceed $132,936.32 from the City of La Porte Grant Fund No. 032, to fund said contract. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council 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. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. Passed and Approved this :5:J1- day Of~, 2006. CITY 6F LA PORTE By: ~~~ I '-- Alton E. Porter, Mayor ATTEST: ~cd!I? artha A. Gillett, . 'ily Secretary APPROVED: ~ \Xb\~ IUr~ trark T. Askins, Assistant City Attorney CITY OF LA PORTE 604 W. Fairmont Parkway, La Porte, TX 77571 www.laportetx.gov Phone:(281)471~20/Fax(281)47~5 June 26, 2006 Bryan Carleton, President TEXCOR Construction Services P.O. Box 2054 League City, Texas 77574 RE: Construction Contract, North 2nd Street; City of La Porte Project #06012 Dear Mr. Carleton: On June 26, 2006, the City Council of the City of La Porte authorized me to tentatively award you the bid for the above referenced project. This award is contingent upon receiving additional funding from the Community Development Block Grant (CDBO) program administered by the Harris County Community & Economic Development Department for this project. It is my understanding that you are aware of the funding shortfall or this project. We anticipate that the City of La Porte will receive additional CDBO funding through the Harris County Commissioner's Court within the next 30-60 days. Once the City accepts the additional grant award, the contract for Project #06012 will be in full force and you will be issued a Notice to Proceed by the City Engineer, Rodney Slaton. You may contact him for further details at 281470-5060. Thank you for your interest in the City of La Porte. Sincerely, Debra B. Feazelle City Manager Cc: Planning Department ~SCOUNTY,TEXAS COlVlMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT o rt~ / .. ..~ - -" ; October 26, 2005 8410 Lantern Point Drive Hou~ton, Texas 77054 Tel (713) 578-2000 RECEIVE~~6 F",,(713) 578-2190 . /) OCT 3 1 2005 \ " CitY SECRETARY'S " OFFICI! David B. Turkel Director AI~on E. Porter, Mayor City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 Dear Mr. Porter: Re: Project Name:, City of La Porte - Northside Neighborhood North Second Street Project '.-""\ Project No.: CD2004-019 Enclosed please find the Amendment to Agreement between Harris County and the City of La Porte adding $40,000.00 of Program Year (PY) 2004 Community Development Block Grant funds to the project referenced-above. The Amendment increases the constructioJ;llin~ item to adequately cover costs for items described in the scope of services. The total allocated funds for this project is $96,475.00. Please have City Council review, sign, and return the above- mentioned "agreement to our office by November 1: 2005 for placement on the Conlmissioners Court Agenda. 1 t If you have any questions or comments, you may contact Mr. Joseph L. Thompson, Project Monitor, at (713) 578-2000. David B. Turkel Director DBT/da1/erwtjhJjlt Enclosures . J:\gmshare\QA\jt\cdbg04\City of Laporte 04 019\transamagr.l0.25,05.doc ,. ,'- " mRSTAMENDMffiNT TO AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE NORTHSIDE NEIGHBORHOOD SECOND STREET PROJECT WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "County," and the City of La Porte, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "Subrecipient," entered into an Agreement on May 8, 2005 to administer a Community Development Block Grant (CDBG) Program Year (PY) 2004, B-2004-UC-48-0002; CD 2004-019 for a project lrnown as the Northside Neighborhood North Second Street Project, in the amount of $56,475.00 (the "Agreement"); and wHEREAS, County and Subrecipient now desire to amend said Agreement to add $40,000.00 in PY 2004 CDBG funds to the Budget. The total amount of CDBG funds allocated to this Project is $96,475.00, for construction and related activities. NOW, THEREFORE, County and Subrecipient mutually agree as follows: I. Exhibit B, "Budget," which currently reads as follows: Exhibit B BuDGET CITY OF LAPORTE NORTHSIDE NEIGHBORHOOD NORTH SECOND STREET PROJECT Maximum Amount to be Paid Under this Agreement It is expressly agreed and understood that the total amount to be paid by Grantee under this Agreement shall not exceed Fifty Six Thousand Four Hundred Seventy Five and 00/100 Dollars ($56,475.00). PROJECT SUMMARY f,j:tn$g~X4Qti . ; :....::.:.-.:..;.;;.:.,:...:.: -_......:-....:. . .' . ....-::.-:-.. ........ ..... "':":-" ..... '.," .... .-. '.. . ..... ..' .' . ..........-.....'.;;.;-..;.....:.:,'...i!....,. .........::-;.-.. Project Costs 1. City of La Porte - Northside $55,910.25 Neighborhood North Second Street II. HCPID Allocation (Inspection $564.75 & Engineering Administration) .0.00 $55,910.25 0.00 $564.75 .'. ..:-.:-: .... ...... '.' . -'. . . . . ?r6J et~Bridgrt1'Qi~l. ....... .. Z:\Community & Economic Development DepartmentIPubIic ImprovementslNortbside Neighborhood N. 2nd St AMD - 05 GEN 1932\05 GEN 1932 : lstAMD La Porte for Northside Neighborhood Second Street Proj,rtf Page 1 of6 _../ ,. , , '\ PROJECT DETAIL I. City of La Porte - Northside Neighborhood North Second Street Construction Contingency $50,262.75 $5,647.50 0.00 $50,262.75 0.00 $5,647.50 0.00 $0.00 $ 0.00 $55,910.25 Irispection & Testing 0.00 Subtotal $55,910.25 n. HCPID Allocation Inspection & Engineering Admitristration PY CDBG 2004: $56,475.00 is hereby amended to read as follows: CITY OF LAPORTE NoilTHSIDE NEIGHBORHOOD NORTH SECOND STREET PROJECT Maximum Amount to be Paid Under this Agreement 1t is expressly agreed and understood that the total amount to be paid by Grantee under this Agreement shall not exceed Ninety Six Thousand Four Hundred Seventy Five and 00/100 Dollars. ($96,475.00). PROJECT SUMMARY 1. City of LaPorte- Northside Neighborhood North Second Street . Project II. HCPID Allocation (Inspection & Engmeering Administration) PY CDBG i004: $96,475.00 Z:\Community & Economic Development Department\Public ImprovementsWorthside Neighborhood N. 2nd St AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La Porte for Northside Neighborhood Second Street Proj ,rtf Page 2 of 6 . .,.. n. _. ..., .. .. . .;rrojecfdoHs . . PROJECT DETAIL :(qP'BGY.. . .J0~~f{A;G'E . ':totAr, . 1. City of La Porte - Northside Neighborhood North Second Street Project Construction Contingency (@ 5% of donstruction) Inspection & Testing Subtotal $0.00 $95,910.00 $0.00 $0.00 $0.00 $95,910.00 n. HCPID Allocation Inspection & Engineering Administration Z:\Co=unity & Economic Development Department\Public Improvements\Northside Neighborhood N. 2nd St AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La Porte for Northside Neighborhood Second Street Proj,rtf Page 3 of 6 ."....- II. All other conditions of said Agreement shall remain in full force and effect as originally written. IN WITNESS WHEREOF, the Parties have executed this Amended Agreement as of the day of ,2005. Approved: HARRIS COUNTY CITY OF LA PORTE l\L 0.' BY:~~"\~ ALTON E. PORTER Mayor Attest:~aofL DEBRA FEAZELLE City Manager By: ROBERT ECKELS codge Atte" .-~ DAVID TURKEL, Director Harris Comity Community and EcoilOmic Development Department Approved as to Form: MlKESTAFFORD , Conntw Attorney fl. Il-- ~U.~ By:' CHEL BOATES Assistant COi.U1ty Attorney AUDITOR'S CERTIFlCATION I hereby certify that funds are available in the amount of $95,910.00 for construction related activities and $565.00 for Pill inspection and engineering administration to pay the obligation of Harris County under this Agreement. Barbara J. Schott County Auditor Z:\Co=unity & Economic Development Department\Public Improvements\Northside Neighborhood N. 2nd St AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La Porte for Northside Neighborhood Second Street Proj.rtf Page 4 of 6 ORDER THE STATE OF TEXAS 9 9 COUNTY OF HARRlS 9 The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the day of , 2005, with the following members present, to wit: Robert Eckels EI Franco Lee Sylvia R. Garcia Steve Radack Jerry Eversole County Judge Commissioner, Precinct No. 1 Commissioner, Precinct No.2 Commissioner, Pr~cinct No.3 COnimissioner, Precinct No.4 and the following members absent, to-wit: a q1iotuin~ when among other business, the following was transacted: , constituting ORDER AUTHORIZING EXECUTION OF FIRST AMENDMENT TO AGREEMENT ,BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE NORTHSIDE NEIGHBORHOOD SECOND STREET PROJECT "Commissioner introduced an order and made a motion that the same be adopted. Commissioner seconded the motion for adoption of the order. . The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Eckels 0 0 0 Con'un. Lee 0 0 D Comm. Garcia 0 0 0 Comm. Radack 0 0 D Collllil. Eversole 0 D D RECITALS: WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "CoUnty," and the City of La Porte, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "Subrecipient," entered into an Agreement on May 8, 2005 to administer a Community Development 'Block Grant (CDBG) Program Year (PY) 2004, B.:.2004-UC-48-0002; CD 2004-019 for a project lmown as the Northside Neighborhood North Second Street Project in the amount of $56,475.00 (the "Agreement"); and Z:\Commimity & Economic Development Department\Public Improvements\Northside Neighborhood N. 2nd St. AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La Porte for Northside Neighborhood Second StreetProj.rtf Page 5 of6 WHEREAS, County and Subrecipient now desire to amend this Agreement to add $40,000.00 in PY 2004 CDBG funds to the Budget. The total amount of CDBG funds allocated to this Project is $96,475.00 for construction and related activities. NOW, THEREFORE, BE IT ORDERED BY THE COM:MISSIONERS COURT OF HARRlS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: The First Amendment to the Agreement is approved and the County Judge of Harris County or his designee is authorized to execute a First Amendment to the Agreement between Harris County and the City of La Porte for the Northside Neighborhood North Second Street Project. The First Amendment to the Agreement is attached hereto and made a part hereof for all purposes. Z:\Co=unity & Economic Development Department\Public Improvements\Northside Neighborhood N, 2nd St AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La Porte for Northside Neighborhood Second Street Proj.rtf Page 6of6 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 26. 2006 Budl!et Requested By: Rit'hard F. Reff Source of Funds: Department: City Coull~il Account Number: Report: Resolution: Ordinance: xx Amount Budgeted: Exhibits: Maps Amount Requested: Exhibits: Proposed Ordinance Budgeted Item: YES NO Exhibits Cbllpter 481 134 of Healtb lllld SllfetJ' Code SUMMARY & RECOMMENDATION At the June 12, 2006 Council Workshop the Council provided direction regarding the elements of a Sex Offender Residence Restriction Ordinance which will establish a safety zone of 1,000, 1,500 or 2,000 foot in areas where children commonly gather. This ordinance places a restriction where an adult sex offender of a child who was less than 16 years of age at the time of the offense from residing, temporarily or permanently, within the established safety zone of an area where children may commonly gather. The ordinance provides certain exceptions to the application of the restrictions and further provides a penalty for violation of the ordinance. Action Required bv Council: Request the Council establish the size of the safety zone and consider the implementation of the proposed ordinance. (; /' ell ~o Y Date ORDINANCE NO.2006 - 2901 AN ORDINANCE AMENDING CHAPTER 42 "MISCELLANEOUS OFFENSES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING ARTICLE V "REGULATION OF SEX OFFENDER RESIDENCY", MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 1000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING FINDINGS OF FACT AND OTHER MATTERS RELATED THERETO; PROVIDING AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY; PROVIDING A SEVERABLITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF; WHEREAS, the City of La Porte, Texas (herein, the "City"), being a home-rule city having authority to utilize police power regulation for the health, safety and general welfare of the citizens of the City; and, WHEREAS, the City Council is deeply concerned about the numerous and recent occurrences in our state and elsewhere, whereby sex offenders convicted of sexual offenses involving children, who have been released from custody and repeat the unlawful acts for which they had been originally convicted; and, WHEREAS, the City Council finds from the evidence the recidivism rate for released sex offenders alarmingly high, especially for those who commit their crimes against children; and, WHEREAS, the City is becoming an increasingly attractive place for families with young children; and, WHEREAS, the restrict the will provide City; and Ci ty Council finds property available better protection that establishing a policy to for residence of sex offenders for children gathering in the WHEREAS, Article 42.12(13B) of the Texas Procedure, provides a 1,000 foot safety zone condi tion of probation for those convicted offenses; and Code of Criminal for children, as a of certain sexual WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code, and the City Charter provide the City authority to adopt ordinances for the good government, peace, order, and welfare of the municipality; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. That the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding Article V, "Regulation of Sex Offender Residency", to Chapter 42 "Miscellaneous Offenses" of the Code of Ordinances, which said Article shall read as follows: "Article V, REGULATION OF SEX OFFENDER RESIDENCY Sec. 42-102 Finding and Intent The City Council finds that repeat sex offenders, sex offenders that use physical violence and sex offenders who are convicted of preying on children are sexual predators who present an extreme threat to the health, safety, and welfare of children. Sex offenders are likely to use physical violence, to repeat an offense, have many more victims than are ever reported, are prosecuted for only a fraction of their actual sexual offenses, and children not only lack the ability to protect themselves but additional measures should be taken to keep known sex offenders from having access to children in areas where children generally feel safe. It is the intent of this ordinance to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain registered sex offenders and sexual predators are prohibited from establishing temporary or permanent residency. Sec. 42-103. Definitions. The following section, shall section, except meaning; words, have where terms, and phrases, when used the meanings ascribed to them the context clearly indicates a in thi s in this different Permanent residence means a place where the person abides, lodges or resides for fourteen (14) or more consecutive days. Temporary residence means a place where the person abides, lodges or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, resides or lodges for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. Sec. 42-104. Exceptions. Sex Offender Residency Prohibition; Penalty; and (a) If a person is required to register on the Department of Public Safety's Sex Offender Database because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1000 feet of any premises where children commonly gather, including a playground, school, day care facility, video arcade facili ty, public or private youth center, or public swimming pool, as those terms are defined in Article 481.134 of the Health and Safety Code of the Sate of Texas. It shall be prima facie evidence that this Article applies to such a person if the person's record appears on the Database and the Database indicates that the victim was less than sixteen (16) years of age. (b) For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein, or in the case of multiple residences on one property, measuring from the nearest wall of the building or structure occupied or the parking/driveway, whichever is closer to the nearest property line of the premises where children commonly gather, as described herein. A map generally depicting the prohibited areas is attached to this ordinance for representation purposes. The City shall review the map at least annually for changes, and it will be available at the La Porte Police Department. (c) Nothing in this ordinance shall be interpreted to modify or reduce the State's child safety zone ban. (d) Neither allegation nor evidence state is required for the proof of this Article. of a culpable mental an offense defined in Sec. 42-105 Affirmative Defenses. It is an affirmative defense to prosecution under this Article that any of the following conditions apply: 1) The person who established the permanent or temporary residence has complied with all the sex offender registration laws of the State of Texas, prior to the date of the adoption of this ordinance. 2) The person was a minor when he/she committed the offense and was not convicted as an adult. 3) The person is a minor. 4) The premises where children commonly gather, as specified herein, wi thin 1000 feet of the person's permanent or temporary residence was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas. 5) The person proves that the information on the Database is incorrect and that, if corrected, this Article would not apply to the person. Sec. 42-106 Penalty for violation of this Article. Any Person, as the term "Person" is defined in the Texas Penal Code, who violates this Article and upon conviction in the municipal court of this city, shall be guilty of a misdemeanor and subject to a fine for each offense in an amount established by the city and listed in Appendix B of this Code, but in no event shall such fine exceed $500." Section 3. Open Meetings. 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 subj ect matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. ordinance be application Severabili ty. Should any section or part held unconstitutional, illegal, or invalid, to any person or circumstance for any of this or the reasons thereof ineffective or inapplicable, such unconsti tutionali ty, illegali ty, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. Effective Date. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED on dUne- 2006. the first reading on the M day of ~~~ By: Alton E. Porter Mayor ATTEST: ':!In 41* d. ,II.DJ/ Mart a A. Gillett City Secretary APPROVED: ~r~ C ark T. 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Ul "tl i og 5' ~ )> mtO o~ N :s:: m z -l ,r--, h, ~ F ~ If; ~ ~hN V; \7, I ,/- Jf---- I ~ ~+~ tI!r==17 ~gr~/ It II~(I~I L7 i .~ !. h:t ,. ~ c-, '-r Lfl I - ~ .J T ll----,~ [Ik 1- Lm L. (/ " 'v/ ',~ If .1'. ""', ~- ----.~ /l' "~"'_ e~.~. ','/,1 '<,. ~c{:,~ ~/, L: ',- t ",Vi ,,-/-1 --- ': i I ::::'1/< ~ /' --'== ~ - ~7 l[ 1/" I,' ~ - : ;t/' ~'- " ' " :' - r/ " / ) !::'~' I ( i I ( , \r J I";:;" , ( I ( \~ ~0 / '. .'" . - C't~ o .. r-) ~ i1.L~O () ~ c: 3 ;:;: en I\.) ~ g CD q ~ OJ "'T\ c:: ~ ~ ~ ~ c:: CD ::J CD a. 0" '< a- c:: .-+ :::r en )> co CD en ~ ~+~ m 01 \ \~ \ \ fJ1 ...... o 00 ...... o 0'1 o ~. o r"'\; !.J J ill _--OJ) (J)~ ~,;, .",;:d ...,".:.J'i::r,:", il ';.-,,-'(iJ 2000' BUFFER "'lJ > (/) lJl :E :z QI _. Gl QI:Z n ~ in ~ z ~:i~ ~~ ~,~ iii' . m 10 = o' 1JI"'lJ C::J::J QI)> to 10 g~ N ~ m :z -I Around All Areas Frequented By Youths Ages 15 or Younger. IJ DT If Po f'. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested June 26, 2006 Requested By: Mayor Alton .E. Porter Appropriation Source of Funds: n/a Department: MaYQr'~ Oftke Account Number: n/a Report: Resolution: Ordinance: x Amount Budgeted: n/a ~ .. . r Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION City Council to approve appointing replacement and alternate to Chapter 172. Other appointments will be brought back closer to the August 31, 2006 expiration date. Chapter 172 Employee, Retiree Insurance and Benefits Board: Citizen Position 2 - Chapter 172 Employee Retiree Insurance and Benefits Committee - vacated by Kim Meismer. Replace vacant position with Tina Fregia and add alternate position and fill with George Van Dyke. Action Reauired by Council: Consider approving Ordinance appointing members to the Chapter 172 Board.. Approved for City Council A2enda o1a ~ tv Date (p ~,;2_ ( ~ Ov ORDINANCE NO. 2004-2782-X AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE, PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: · Indicates reappointment Section 1. The City Council of the City of La Porte hereby makes the following appointments to the Airport Advisory Board for the City of La Porte Municipal Airport, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1. - Debra Rihn position 2. - Nick Hooke Position 3 . - Hector Villarreal Position 4. - Tucker Grant position 5. - Steve Gillett Position 6. - Eliminated by City Council on 7/13/98 by Ord. 98-2265 2007 2007 2006 2006 2007 FAA Representative william Gray No Term Airline Representative - Dan Myhaver No Term Section 2. The City Council of the City of La Porte hereby makes the following appointments to the Board of Directors of the City of La Porte Reinvestment Zone Number One, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Peggy Antone 200'7 position 2 Dave Turnquist 2006 Position 3 Alton Porter 2007 Position 4 Horace Leopard 2006 Position 5 Doug Martin 2007 Position 6 J.J. Meza 2006 Position 8 Chester Pool 2006 The City Council of the City of La Porte hereby ratifies the following appointments by La Porte Independent School District and Harris County: Position 7 Dr. Say (LPISD) 2007 Position 9 *Lindsay Pfeiffer (Harris Co.) 2007 Section 3. The City Council of the City of La Porte hereby makes the following appointments to the Chapter 172 Employee Retiree Insurance and Benefits Committee, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Citizen Position 1 Citizen Position 2 Retiree Participant - Employee Participant- Finance Staff H.R. Staff Legal Staff Alternate to Citizen Positions 1 and 2 George Van Dyke No Term Section 4. The City Council of the City of La Porte hereby makes the following appointments to the Fiscal Affairs Committee, without term, or until their successors shall have been duly appointed and qualified: Patricia Rothermel 2007 Tina Fregia 2006 Buddy Jacobs 2008 Karen Beerman No Term Michael Dolby No Term Robert Swanagan No Term Clark T. Askins No Term 2 ,.. - -- --.' . "-~---'.~-"~~--""-'-'--"-~ Date Appointed Chairman Chuck Engelken 1998 Committee Member - Barry Beasley 2004 Committee Member - Howard Ebow 1998 Alternate Member - Louis Rigby 2004 Alternate Member - Tommy Moser 2004 Section 5. The City Council of the City of La Porte hereby makes the following appointments to the Fire Code Review Board of the City of La Porte, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: District 1 Tim Bird 2008 Jeff Brown 2006 Woodrow Sebesta 2006 Floyd Craft 2006 Jim Bridge 2006 Lester Clark 2008 Bryan Moore 2006 Paul Vige 2008 Lynn Green 2006 The City Council of the City of La Porte hereby makes the following appointments to the La Porte Area Water Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Position 2 District 2 District 3 District 4 District 5 District 6 At Large-A At Large-B Mayor Section 6. Robert Roy Dennis H. Steger 2007 2007 3 position 3 Steve Valarius 2007 position 4 Chester Pool 2006 position 5 Paul Berner 2006 Section 7. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are residents of the City of La Porte, and no more than four of whom are elected city officials or city employees, to serve as directors of the City of La Porte Development Corporation without compensation, but wi th reimbursement for actual expenses, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chuck Engelken 2007 Mike Clausen 2006 Tonuny Moser 2007 Bill Love 2006 Ed Matuszak 2007 Pat Muston 2006 Deborah Johnson 2007 Section 8. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Health Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Health Authority Abdul R. Moosa, M.D. 2008 Alternate Robert D. Johnston, M.D. 2008 Medical Advisor/EMS Oscar Boultinghouse Contract Section 9. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Redevelopment 4 Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Peggy Antone 2007 position 2 Dave Turnquist 2006 position 3 Alton Porter 2007 position 4 Horace Leopard 2006 position 5 Douglas Martin 2007 position 6 J.J. Meza 2006 position 7 Dr. Say 2007 position 8 Chester Pool 2006 position 9 *Lindsay R. Pfeiffer, Chairman2007 Section 10. The City Council of the City of La Porte hereby makes the following appointments to the Main Street District Committee, an "ad hoc" committee, without term, or until their successors shall have been duly appointed and qualified: position 1 Bill Manning, Chairman No Term position 2 Robert Schlenk, Vice Chairman No Term position 3 Deborah Johnson No Term position 4 Douglas Martin No Term position 5 vicki Campise No Term position 6 Paul Berner No Term position 7 Pat Muston No Term position 8 Gloria Lair No Term position 9 Brenda Brown No Term Section 11. The City Council of the City of La Porte hereby makes the following appointments to the Main Street Advisory 5 Board, a new Board required by the Texas Historical Commission, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1- Deborah Johnson 2008 position 2- vicki Campise 2008 position 3- April Crone 2008 position 4- Bill Manning 2006 position 5- Jerry Carpenter 2006 position 6- Gerald Metcalf 2006 position 7- Paul pierre 2006 position 8- Michaelyn Dunaway 2007 position 9- Claire Zaborowski 2007 position 10 Jan Lawler 2007 position 11 Lawrence McNeal 2007 There are also three (3) Ex Officio members of this Board: 1 the City of La Porte's Main Street Coordinator 2 the City Manager of the City of La Porte, or her designee 3 the Manager of the La Porte-Bayshore Chamber of Commerce Section 12. The City Council of the City of La Porte hereby makes the following appointments to the City of La Porte Planning and Zoning Commission, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chairman District 1 Pat Muston Doretta Finch 2006 2008 6 District 2 District 3 District 4 District 5 District 6 Alternate 1 Alternate 2 Section 13. Nick Barrera 2006 Kirby Linscombe, Jr. 2006 Dottie Kaminiski 2007 Paul Berner 2007 Claude Meharg 2008 Hal Lawler 2007 Les Bird 2008 The city council of the City of La Porte hereby makes the following appointments to the Southeast Texas Housing Finance Corporation Board of Directors, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Director Patricia Muston 2006 Section 14. The City Council of the City of La Porte hereby makes the following appointments to the Youth Advisory Council, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Shelby Barnett 2005 position 2 Hiba Haroon 2005 position 3 Chaise J. Merritt 2005 position 4 Laura J. Low 2005 position 5 Amanda Gass 2005 position 6 Brandy C. Hickey 2005 position 7 Clemea J. Donaldson 2005 position 8 Brandon C. Lunsford 2005 Position 9 pierre N. Castillo 2005 Position 10 LaSadra M. Hillman 2005 7 position 11 Margo R. Curette 2005 position 12 Marc R. Vanderbrink 2005 position 13 Carol Parmer 2005 position 14 Mia Parisi 2005 position 15 Taylor Ryan Rowan 2005 position 16 Ashley N. Weddle 2005 Section 15. The City Council of the City of La Porte hereby makes the following appointments to the Zoning Adjustment, for terms expiring on August 31st of indicated, or until their successors shall have appointed and qualified: position 1 Board the been of year duly Sidney Grant 2007 Bob Capen 2007 Rod Rothermel 2007 Charles Schoppe 2007 George (Bill) W. Maltsberger 2007 Lawrence McNeal 2006 Gilbert Montemayor 2006 The City Council of the City of La Porte hereby appoints the following named persons, all of whom are resident electors of the City of La Porte or non-resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility account for such business, and each of whom the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to building construction, and none of whom are employed by the City of La Porte, to serve as members position 2 position 3 position 4 position 5 Alternate 1 Alternate 2 Section 16. 8 of the Building Codes Appeals Board for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Tom Campbell 2007 position 2 Terry Bunch 2007 position 3 Paul Larson 2007 position 4 Ron Holt 2007 position 5 Ken Schlather 2007 position 6 John Elfstrom 2007 position 7 Bruce Compton 2007 Section 17. The City Council of the city of La Porte hereby makes the following appointment to the Fire Fighters Pension Board of Trustees, to serve without term or until his successor shall have been duly appointed and qualified: city Council Representative *John Joerns 2007 Section 18. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 19. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. 9 Section 20. The city Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code i and that this meeting has been open to the pUblic as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted . upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 21. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 26th day of June, 2006. CRY.?F LA PORTE ~~~~ Alton E. Porter, Mayor By: ATTEST: ';;{/iartid- d. ~J:tIJ Mart a A. Gillett City Secretary APPROVED: U~T~ Clark T. Askins Assistant City Attorney 10 NO BACK UP PROVIDED