HomeMy WebLinkAbout2006-09-11 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council
,-
,.,,,--
A
''-'.,
MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
September 11, 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
Members of Council Absent: none.
Members of City Executive Staff and City Employees Present: Assistant City Manager John
Joerns, Assistant City Attorney Clark 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, Golf Pro Alex Osmond Assistant to City Manager Crystal Scott,
Accounting Coordinator Lorie Doughty, Patrol Lieutenant Carl Crisp, Patrol Sergant Matt
Daeumer, Purchasing Technician Cherell Daeumer, Parks and Recreation Director Stephen
Barr, Emergency Management Coordinator Jeff Suggs, Purchasing Manager Susan Kelley,
Assistant Public Works Director Don Pennell, EMS Chief Ray Nolen, Patrol Officer Matt
Novosad, Paramedic II Jake Evans, Assistant Utility Superintendent Ray Mayo, Fire Chief
Mike Boaze, Assistant Fire Chief Champ Dunham, Detective David Huckabee, Inspector I
Mike Kirkwood, Downtown Revitalization Coordinator Debra Dye, Bldg. Maintenance
Technician Supervisor Randy Cernosek, Street Maintenance Supervisor Rodney Cox, Parks
and Recreation Operations Manager Marlene Rigby, Public Improvement Coordinator
Reagan McPhail and a numerous police officers and firefighters.
Others Present: Carlos Martinez, Sue Gail Mc Kooken, John Handy of Houston Chronicle,
Buddy Jacobs, Tracy Koenig, Russell Plank, Barbara Norwine, Mrs. Mayo, Norman Cook,
Dottie Kaminski and Colleen Hicks and other citizens.
2. Mayor Porter delivered the Invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENT A nONS / PROCLAMA nONS
A. Mayor Porter presented a Save a Life Month proclamation to the Fire, EMS and
Police Departments.
B. Mayor Porter presented a proclamation to Candace Pullien in honor of Constitution
Week.
C. Mayor Porter presented a proclamation to members of the US Army and Coast
Guard in honor of Armed Forces Week.
D. Mayor Porter read a 911 Day Resolution.
City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006
Page 2
5. Consent Agenda
A. Consider approving Minutes of the Regular Meeting and Public Hearing of City
Council held on August 28, 2006.
B. Council to consider approval or other action regarding awarding a bid for demolition
of buildings in the amount of $38,000.00.
C. Council to consider approval or other action regarding an ordinance authorizing the
City Manger to execute a contract with Brooks Concrete, Inc. for the City Wide
Sidewalk Replacement Project in the amount of $44,022.04 and to provide a
construction contingency of $4,337.96 for a total construction amount of $48,360.
D. Council to consider approval or other action regarding awarding a rebid to low
bidder meeting specifications in the amount of $33,093 .93 for four (4) years.
E. Council to consider approval or other action regarding an ordinance authorizing
awarding annual contract for the rehabilitation of Sanitary Sewer Manholes to
Standard Cement Inc. in the amount of$34,194, and an additional $5,100 for
contingency, for a total award of $39,294.
F. Council to consider approval or other action approving an appointment of an Ad
HOC Committee of City Council to Review Meet and Confer Law (Texas Local
Government Code Chapter 142).
* Councilman Rigby recommended only four committee members be appointed to
the Ad Hoc Meet and Confer Committee, due to five or more would enable to make
decisions for all of City Council. Councilman Clausen volunteered to be an
Alternate member of the committee.
G. Council to consider approval or other action approving an ordinance authorizing the
City Manager to execute an Agreement Letter with the companies located within the
Battleground Industrial District for the City of La Porte EMS.
H. Council to consider approval or other action regarding awarding a bid for Fire
Prevention Safety Trailer in the amount of$38,114.00.
* Assistant City Manager recommended changes to this item have truck delivered
for and additional $ 2, 800.00.
I. Council to consider approval or other action regarding approving a revised Interlocal
Agreement with Harris County for debris removal.
Motion was made bv Council member Engelken to approve the consent agenda with
recommended changes as presented. Second by Council member Griffiths.
Motion carried.
Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Porter.
Nays: None
City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006
Page 3
Abstain: None.
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA.
JAY DUNHAM - of 1101 Willowcreek Dr. La Porte, Texas 77571 addressed Council to
remind of the Red Suspenders Society Shrimp Boil benefiting the La Porte Special Olympics
to be held Saturday, September 23rd at the Senior Center.
7. Public Hearing - Council to consider approval or other action of an ordinance amending
Chapter 106 (Zoning) adding to Exterior Building Design Standards in TIRZ No.1.
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:25 p.m.
Director of Planning Wayne Sabo presented summary and recommendation and answered
Council's questions.
Public Input: Russell Plank of spoke in favor of the ordinance.
Carlos Martinez of 724 S. 1 sl Street spoke in opposition of the ordinance due
to the increase of materials.
The Public Hearing was closed at 6:44 p.m.
Recommendation of Planning and Zoning Commission - Planning and Zoning Commission
recommended approval of an ordinance amending Chapter 106 (Zoning) adding to Exterior
Building Design Standards in TIRZ No.1.
8. Council to consider approval or other action regarding Ordinance 150l-F5
Assistant City Attorney Clark Askins read: Ordinance l50l-F5- AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER
106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE
CITY OF LA PORTE, BY AMENDING ARTICLE IV. PLANNED UNIT
DEVELOPMENT DEVISION 4, REQUIREMENTS, SUBDIVISION 1, GENERALLY,
AND BY ADDING SECTION 106-680, EXTERIOR BUILDING DESIGNS, FOR THE
CITY'S TAX INCREMENT REINVESTMENT ZONE NO.1; MAKING CERTAIN
FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
It was noted by Councilmembers Moser and Mosteit they feel Council should be consistent
in making decisions when it involves code enforcement and code changes.
Motion was made by Council member Griffiths to approve Ordinance l50l-F5 as
recommended by Mr. Sabo. Second by Council member Engelken. 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 -September 11, 2006
Page 4
9. Public Hearing - Council to consider approval or other action of Special Conditional Use
Permit #SCU 06-005 for a 46.141 acre tract out of :l::207 acres of land located along Old
Underwood Road south of State Highway 225 and Union Pacific Railroad.
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:49 p.m.
Director of Planning Wayne Sabo presented summary and recommendation and answered
Council's questions.
Public Input: None
Recommendation of Planning & Zoning - approval of Special Conditional Use Permit #SCU
06-005 for a 46.141 acre tract out of :l::207 acres of land located along Old Underwood Road
south of State Highway 225 and Union Pacific Railroad
The Public Hearing was closed at 6:51 p.m.
10. Council to consider approval or other action regarding Ordinance 1501-G5
Assistant City Attorney Askins read: AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY
REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY
GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU06-005 FOR THAT
CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 46.141 ACRE
TRACT OUT OF :l::207 ACRES OF LAND (ALONG OLD UNDERWOOD ROAD SOUTH
OF ST ATE HIGHWAY 225 AND UPRR) IN THE ENOCH BRINSON SURVEY,
ABSTRACT-5, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF
DEVELOPING A DISTRIBUTION CENTER IN A PLANNED UNIT DEVELOPMENT
(PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF;
Motion was made by Council member Beasley to approve Ordinance 150 l-G5 as
recommended by Mr.sabo. Second by Council member Moser. The motion carried.
Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor.
Nays: None
Abstain: None
11. Council to consider approval or other action regarding approving Special Conditional Use
Permit #SCU06-006; or table for further consideration.
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:53 p.m.
Director of Planning Wayne Sabo presented summary and recommendation and answered
Council's questions.
Public Input: None
Recommendation of Planning & Zoning - approval of Special Conditional Use Permit
#SCU06-006 ;with conditions as listed in the SCUP.
City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006
Page 5
The Public Hearing was closed at 6:56 p.m.
12. Council to consider approval or other action regarding Ordinance 1501-F7
Assistant City Attorney Askins read: AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY
REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY
GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU06-006, WHICH
SUPERSEDES #SCU05-003, FOR THAT CERTAIN PARCEL OF LAND HEREIN
DESCRIBED; IN CONJUNCTION WITH THE DEVELOPMENT AGREEMENT,
COVENANTS, CONDITIONS, AND RESTRICTIONS BETWEEN THE CITY OF LA
PORTE AND PORT CROSSING LAND, L.P.; NATIONAL PROPERTY HOLDINGS,
L.P., DEL PISO INVESTMENT, LLP., FLPCW, L.P., C/O GEORGE B. MCKINSTRY, A-
47, W.P. HARRIS SURVEY, A-30, JOHNSON HUNTER SURVEY, A-35, HARRIS
COUNTY, CITY OF LA PORTE, TO BE KNOWN AS PORT CROSSING; MAKING
CERTAIN FINDINGS OF FACT RELATED 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 Ordinance 1501-H5 as
recommended by Mr.Sabo. Second by Council member Ebow. 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 condemnation of the substandard
structure. This item was previously tabled for 60 days.
Open Public Hearing - Mayor Porter opened the Public Hearing at 6: 57 p.m.
Building Official Debbie Wilmore presented summary and recommendation and answered
Council's questions.
Public Input: Russell Harrison of 5014 Cheena Dr. Houston, Texas 77096 spoke in
opposition of this ordinance.
Recommendation of Staff- unanimously recommend the structure be condemned and
demolished.
The Public Hearing was closed at 7: 12 p.m.
14. Council to consider approval or other action regarding Ordinance 2904
Assistant City Attorney Askins read: AN ORDINANCE DECLARING THE
BUILDING(S) LOCATED BLK 15. Lots 1-3. Sylvan Beach, HARRIS COUNTY, TEXAS,
TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED;
FINDING THAT Richard H. Harrison IS THE RECORD OWNER(S) OF SAID
City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006
Page 6
PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR
DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE
SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL
OR DEMOLITION WITHIN THIRTY(30) DAYS FROM THE EFFECTIVE DATE OF
THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION
BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY
SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S);
PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA
PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED
HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW.
Motion was made by Council member Beasley to deny Ordinance 2904 as recommended by
MS.Wilmore and place property back on tax rolls. Second by Council member Rigby. The
motion carried.
Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen and Griffiths.
Nays: Mayor Porter
Abstain: None
15. Council to consider approval or other action adopting an ordinance approving Fiscal Year
2006-07 Proposed Budget.
Open Public Hearing - Mayor Porter opened the Public Hearing at 7: 18 p.m.
Budget Officer Shelley Wolny presented summary and recommendation and answered
Council's questions.
Mayor and City Council had the following suggestions and questions:
Pick up $80,000.00 rather than increase employee insurance by 15%
What would the cost be if the pay scale for civil service was moved up step by 3 %?
Mayor and Council requested staff notify citizens in advance of rate increases before the rate
increase occurs. It was additionally noted not all citizens take the Bayshore Sun so other
methods of notification are needed.
It was noted there needs to be better communications from administration to staff.
It was requested to provide Council with an explanation and breakdown of how staff
determined an increase was needed for the employees portion of the health care cost
increase.
It was noted we need to look at other vendors as a health care provider and compare costs..
Public Input: Marlon Jackson of 10118 Roseberry La Porte, Texas 77571 advised council a
tax increase is needed voiced concern of city employees not receiving a cost of living raise
in five years and not having the proper tools to work with.
City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006
Page 7
Council discussed items listed in attached Exhibit A and provided staff with the following
direction:
Item 10 - Paperless Agenda tabled until a future date.
Item # 18 - Council Travel changes line item remains $30, 000.00
Item #14 - Council Dinners to increase $2, 400.00
Item 15 - Metering Lighting at Ballfields item cut.
Item # 9 - Longevity increase not considered due to laws in the local government code
prohibiting payment beyond 25 years to police and firefighters.
Item # 20 - EmailinglOnline Water Bills 0- cut this item
Item # 1 - Insuring Welcome Signs - this item to remain in budget
$83,401.00 add to budget for insurance - transfer from General Fund to Insurance Fund.
There will be no increase to the employee cost.
Recommendation of City Manager and Staff- approval of an ordinance approving Fiscal
Year 2006-07 Proposed Budget.
The Public Hearing was closed at 8:36 p.m.
16. Council to consider approval or other action regarding Ordinance 2918
Assistant City Attorney Askins read: AN ORDINANCE APPROVING AND ADOPTING
THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF
OCTOBER 1,2006 THROUGH SEPTEMBER 30,2007; FINDING THAT ALL THINGS
REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Engelken to approve Ordinance 2918 as
recommended by Ms. Wolny. Second by Council member Mosteit. The motion carried.
Councilman Ebow noted concerns with $30,000.00 to Chamber
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 increasing Water and
Sewer rates.
Assistant Finance Director Michael Dolby presented summary and recommendation and
answered Council's questions.
City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006
Page 8
Assistant City Attorney Clark Askins read: ORDINANCE 2837-C-AN ORDINANCE
AMENDING APPENDIX A - FEES, CHAPTER 74, "UTILITIES", SECTIONS 74-246
AND 74-276, OF CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY
AMENDING THE FEES ESTABLISHED THEREIN TO READ AS PROVIDED HEREIN;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Beasley to approve the Ordinance 2837-C- as
presented by Mr. Dolby. Second by Council member Rigby. The motion carried
Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor.
Nays: None
Abstain: None
18. Council to consider approval or other action regarding a resolution adopting the 2006-2007
appraisal roll of the Harris County Appraisal District.
Assistant Finance Director Michael Dolby presented summary and recommendation and
answered Council's questions.
Assistant City Attorney Clark Askins read: Resolution 20-19 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2006
APPRAISAL DISTRICT.
Motion was made by Council member Moser to approve the Resolution 20-19- as presented
by Mr. Dolby. Second by Council member Griffiths. The motion carried
Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor.
Nays: None
Abstain: None
19. Council to consider approval or other action regarding an ordinance estl1blishing the tax rate
for Fiscal Year 2006-07 at .71 cents per hundred dollar valuation.
Assistant Finance Director Michael Dolby presented summary and recommendation and
answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2919-AN ORDINANCE
LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT
TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS
FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY
GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED
NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD;
CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Council member Engelken to approve the Ordinance 2919- as
presented by Mr. Dolby. Second by Council member Ebow. The motion carried
Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor.
City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006
Page 9
Nays: None
Abstain: None
20. Council to consider approval or other action regarding an ordinance authorizing change in
language which defines Premium cost allocated by the City of La Porte each year.
Human Resource Manager Robert Swanagan presented summary and recommendation and
answered Council's questions.
Language change to policy being recommended reads: The Total Premium Cost is the total
annual dollar allocated each year by budget as approved by City Council for the City of La
Porte for Health Insurance for each employee, including employee and employer
contributions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2781-B-AN
ORDINANCE ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE
EMPLOYEE POLICIES HANDBOOK BY AMENDING SECTION 9 A, "RETIREE
MEDICAL COVERAGE", PROVIDING FOR THE TERMS AND CONDITIONS OF
RETIREE MEDICAL COVERAGE; PROVIDING AN EFFECTIVE DATE OF SAID
AMENDMENT; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Council discussed the Chapter 172 recommendations and provided direction as follows:
Chapter 172 Employee retiree insurance and benefits board recommendations to City
Council from Thursday, August 10,2006 meeting:
Item # 1 - recommends that Flexible Spending Accounts with the Debit Cards be added to
our plan.
Item # 2 Individual Child Premium Load - board did not recommend this item. It was noted
a change could be made making a 5th tier in a 4 tier structure with specific language that says
dependent children can remain on the insurance to age 25 if they are a student and not
married.
Item # 3 10% Cost Saving with Plan Design Changes - not recommended by board.
Item # 4 - one time deferral - board recommended a one-time deferral at the discretion of
the Retiree with a spousal provision as outlined in COBRA. Which is: If a retiree is
carrying their spouse at retirement then the spouse could re-enter when the retiree re-enters.
Chapter 172 one time deferred is with no age limit.
Item # 5 - Retiree Over/Under 65 Calculations not be used and remain as it is.
Item # 6 - Incentive to new employees - Council directed staffto bring back concepts and
be fair to existing employees.
Item 7 - board recommended the current method of making the retiree calculations continue
with clarification of language regarding city budgeted cost and that the coverage % discount
City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006
Page 10
amount applies only for retirees, not dependents. Also, the proposed calculator that Neal
Welch is developing be implemented to allow any employee to be able to get an estimate of
their insurance cost and their dependents cost at the current year budgeted City cost and for
one additional year. - A consensus of Council agreed with this recommendation.
Medical Disability - Council directed staff to bring back an option to consider for employees
with medical disabilities forced to retire be able to be eligible for health insurance.
Councilmember Rigby asked if Council wanted to consider or discuss items noted in
anonymous letter they received today. The consensus of the Council was no.
Motion was made by Council member Beasley to approve Ordinance 2004-2781-B- as
presented by Mr. Swanagan. Second by Council member Griffiths. The motion carried
Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor.
Nays: None
Abstain: None
21. Council to consider approval or other action regarding an ordinance amending the creation
ordinance of the Main Street Advisory Board.
Mayor Porter presented summary and recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2801-A-AN
ORDINANCE AMENDING ORDINANCE NO. 2004-2801, RELATING TO THE
CREATION OF THE MAIN STREET ADVISORY BOARD, BY REDUCING THE
NUMBER OF MEMBERS TO THE MAIN STREET ADVISORY BOARD FROM
ELEVEN (11) TO NINE (9); FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Beasley to approve the Ordinance 2004-2801- as
presented by Mr. Porter and reduce from 11 member to 9. Second by Council member
Moser. The motion carried.
Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor.
Nays: None
Abstain: None
22. Council to consider approval or other action regarding an ordinance appointing members to
various Boards and Commissions and adopt the ordinance of choice regarding the Zoning
Board of Adjustment Chairman.
Mayor Porter presented summary and recommendation and answered Council's questions.
Note: Correction to ordinance being adopted as follows: Pat Muston position to expire
in 2009.
No changes to Zoning Board of Adjustment appointment of Chairperson by Council at
this time. To be reconsidered next year.
Main Street Advisory appointments were placed in positions as follows:
City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006
Page 11
Position 1 - Ed Matuszak - 2008
Position 2 - Vicki Campise, Chair - 2008
Position 3 - Bill Manning, Jr. - 2008
Position 4 - Leonard Suarez - 2009
Position 5 - Jerry Carpenter, Vice President - 2009
Position 6 - Amanda Seymore - 2009 - 2009
Position 7 - Michaelyn Dunaway - 2007
Position 8 - Claire Zaborowski, Secretary/Treasuere - 2007
Position 9 - Lawrence Mc Neal- 2007
Assistant City Attorney Clark Askins read: ORDINANCE 2782-M-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.
Motion was made by Council member Griffiths to approve the Ordinance 2782-M- as
presented by Mr. Porter. Second by Council member Ebow . The motion carried
Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor.
Nays: None
Abstain: None
23. Council discussed a candidate for Texas Municipal League Intergovernmental Risk Pool
Board of Trustees Election.
Motion was made by Councilman Clausen to nominate Greg Ingham to the TML
Intergovernmental Risk Pool Board of Trustees. Second by Griffiths.
24. Council to consider approval or other action regarding a resolution supporting increased
funding for the Texas Recreation and Parks Account and the State Park System.
Parks & Recreation Director Stephen Barr presented summary and recommendation and
answered Council's questions.
Assistant City Attorney Clark Askins read: Resolution 2006-21-A RESOLUTION OF
THE CITY OF LA PORTE CITY COUNCIL REQUESTING THE MEMBERS OF THE
80TH LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT INCREASED
FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT LOCAL PARK
GRANT PROGRAM AND THE TEXAS STATE PARK SYSTEM.
Motion was made by Council member Griffiths to approve the Resolution 2006-21- as
presented by Mr. Barr. Second by Council member Ebow. The motion carried.
Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor.
Nays: None
Abstain: None
25. Close Regular Meeting and Open Workshop at 9:51p.m.
City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006
Page 12
A. City Secretary Martha Gillett updated Council on future joint election agreements.
B. Assistant City Manager John Joems discussed TWIA expansion hearing. Council
advised Staff to include Mike Jackson and Wayne Smith to work on project.
Closed Workshop meeting and reconvened Regular Meeting at 10:03 p.m.
26. Administrative Reports
Assistant City Manager John Joems reported and reminded council of the Armed Forces
Blood Drive September 13-14, 2006 at the Texas National Guard, Employee Health Fair
2006 September 15,2006,9:00 a.m. until 3:00 p.m. at the Fitness Center, La Porte
Community Health and Safety Fair September 16th 9:00 -1 :00 p.m. La Porte High School,
Boards and Commissions Appreciation Dinner September 18, 2006 6:00 p.m. at the Fitness
Center, Neighborhood Center Inc. Volunteer Banquet September 21,20066:30 p.m. at the
Houston Yacht Club, Fall Back Festival VIP Event September 15, 2006 5:30 p.m at 101
Main Grill, Fall Back Festival September 22, 2006 6:00 p.m. - 10:00 p.m. Main Street,
September 23,2006 Noon - 10:00 p.m. at Sylvan Beach, Sylvia Garcia Celebrating 20 years
of Public Service benefiting Project Stars Thursday, September 28,2006 at 6:30 p.m. at the
Hyatt Regency Downtown, Salute to Industry Banquet honoring Munday Corporation at the
Sylvan Beach Pavilion October 5, 2006, Bay Area Heritage Society Fish Fry Fundraiser Bill
Bailey Roast October 10, 2006 at Sylvan Beach and the TML Conference October 25-27,
2006 in Austin Texas.
27. Council Comments
Engelken, Mosteit, Clausen, Rigby, Moser, Beasley, Griffiths, Ebow and Porter had
comments.
28. 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. SECTION - 551-072 - (PROPERTY SALE OR EXCHANGE) MEET WITH CITY MANAGER AND CITY
ATTORNEY REGARDING TWO
PROJECTS ON SALE OR EXCHANGE OF
PROPERTY REGARDING MAIN STREET
DEVELOPMENT
B. SECTION - 551.074 - (PERSONNEL MATTERS) DISCUSS AND CONSIDER POSSIBLE
ACTION ON CITY MANAGER DEBRA
FEAZELLE'S EMPLOYMENT CONTRACT
C. SECTION - 551-074 - (PERSONNEL MATTER) DISCUSS AND CONSIDER POSSIBLE
ACTION ON APPOINTMENT OF JOHN
JOERNS AS INTERIM CITY MANAGER
City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006
Page 13
Council went into Executive Session at 10: 1 0 p.m.
Council retired to Executive Session at 10:59 p.m. and returned to the Regular Meeting at
p.m.
29. Considerations and possible action on items considered in Executive Session.
B. Council to consider approval or other action regarding an ordinance approving an
agreement between the City of La Porte and Debra Brooks Feazelle.
Mayor Porter presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2942-AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY
OF LA PORTE AND DEBRA BROOKS FEAZELLE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made by Council member Rigby to approve the Ordinance 2942 as
presented by Mr. Porter. Second by Council member Moser. The motion carried
Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and
Mayor.
Nays: None
Abstain: None
C. Council to consider approval or other action regarding an ordinance appointing John
Joerns as Interim City Manager, effective October 1, 2006, and adjusting
compensation during term as interim City Manager.
Mayor Porter presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2943-AN ORDINANCE
APPOINTING JOHN JOERNS AS INTERIM CITY MANAGER; ADJUSTING
COMPENSATION OF JOHN JOERNS DURING PERIOD SERVING AS
INTERIM CITY MANAGER; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEROF.
Motion was made by Council member Ebow to approve the Ordinance 2943 as
presented by Mr. Porter and beginning October $1.000.00 a month stipend. 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 -September 11, 2006
Page 14
30. There being no further business to come before Council, the Regular Meeting was duly
adjourned at 11:01 p.m.
Pa~ed and approved on this 25th day of September 2006
'- '\-~
\ ~*~. . '\' /~..,.
II.. ";;. ." - ~__
,( '" -c..')"- . \. -
Mayor Alton E.Porter
~~~:b~;~,;~/
~:J~~ Gillett,'f~MC
City Secretary
f\f.A /'p,'j A-
Budget Follow-Up to Questions from Workshops
Items Needing City Council Direction
8/14 MeetinI!
Potential Affect on Budget
Item 10 - Paperless Agenda Options ($3400 up to $37,700)
Item 13 - Council Travel Changes (Prior Cuts)
Item 14 - Council Dinners
$
37,700
18,000
2,400
58,100
Net Affect
8/15 MeetinI!
Item 15 - Metering Lighting at Ballfields
Net Affect
3,163
3,163
8/16 MeetinI!
Item 9 - Longevity (Increasing from 25 to 30 years)
Net Affect
(2,320)
(2,320)
Total Potential Changes to General Fund
$
58,943
8/15 MeetinI!
Item 20 - Emailing / Online Water Bills
$
29,100
Total Potential Changes to Technology Fund
$
29,100
8/16 MeetinI!
Item 1 - Insuring Welcome Signs
$
403
Total Potential Changes to Insurance Fund (Risk Division)
$
403
B
",-,
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Budeet
Requested By:
Source of Funds:
Department: Plannine
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Amount Requested:
Exhibits: Amended Aereement
Exhibits: HCCEDD Annual Action Plan Amendments
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
In March 2005, Harris County Community and Economic Development Department awarded the City $56,475.00 in
Program Year 2004 Community Development Block Grant funds to extend and pave North 2nd Street to the "E"
Street right-of-way, in conjunction with the Northside Neighborhood Project.
In March 2006, Council amended the original budget to accept an additional Harris County award of $40,000.00 to
cover an increase in construction related costs, bringing the project funding to $96,475.00.
Adjustments to the scope of the project, difficulty in soliciting bidders, and increases in construction related costs
led to yet another award by Harris County in July 2006, in the amount of$21,625.00, bringing the total project
funding to $118,100.00.
The Fiscal Year 2005-2006 Budget for Grant Fund 032 should be increased by $21,625.00, to account for the
additional funding for this Community Development Block Grant Fund Project.
Action Required bv Couneil:
Consider amending the Community Development Block Grant Fund 032 Budget by an increase of$21,625.00 for
construction of the paving and drainage for North 2nd Street.
q - c2 O-IJ/r;
Date
HARRIS COUNTY COMMUNITY and ECONOMIC DEVELOPMENT DEPARTMENT
Grants Management Division
8410 Lantern Point, Houston, Texas 77054 Ph. (713) 578-2000 Fax (713) 578-2198
DAVID TURKEL
Director
TRANSMITAL
NOTICE
To: La Porte City Council-c/o Mayor Alton Porter, Debra Feazelle
Attn: Rodney Slaton, City Engineer
604 W. Fairmont Parkwa
La Porte, TX 77571-6215
Date: AUGUST 17,2006
Project #: 2004-019
Purchase Order #:
Re: City of LaPorte N. 2ns Street Expansion Project
THIS OFFICE REQUESTS THE FOLLOWING INFORMA nON
D Other
D Other
D
COMMENTS:
Mr. Slaton, as we discussed I am routing Duplicate Originals of the Amended Agreement between Harris
County and the City of La Porte for the North Second Street Project. Please have these documents forwarded
for the Signatures of the Mayor and City Manager where indicated on page four (4) of each document.
Upon execution of the Amendment please contact me directly, at (713) 578-2069 to arrange pick-up of both
signed originals on or before 08/30/2006.
Please be aware that additional funding for this project was approved July 11, 2006 by the County
Commissioners (see enclosed copy of Annual Action Plan Amendments). Based on the previously approved
Amended Agreement, our letter of Bid Concurrence (07/05/06) and the Court's approval of additional funding
for this project, we expect the City to move expeditiously with the Award of and negotiation of the Contract for
Construction. Pursuant to the initial Agreement a draft copy of the Contract for Construction should be
submitted to this office for review prior to final execution.
For your convenience, the draft contract may be submitted to my attention by facsimile or electronic mail as
noted on my business card enclosed.
Contract Transmital City La Porte 2004-019
cc (Q) ~Y)f
Exhibit A
SCOPE OF SERVICES
1. Application
This Scope of Services is based on the proposal prepared and submitted by the Subrecipient
through the Harris County Comm~ty and Economic Development Department's annual Request
for Proposal (RFP) process. However, in the event of any conflict between the proposal and any
provision contained herein, this Agreement shall control. In addition to the activities listed
below, the Subrecipient agrees to operate this project in accordance with Community
Development Block Grant requirements and all other applicable Federal, state and local
regulations.
n. Project Description
The Subrecipient will be responsible' for implementing the Northside Neighbor:Q.ood North
Second Street project during the term of this Agreement. The scope of the project is to extend
and pave with asphalt North Second Street from West Madison Street to the unimproved North
"E" Street right-of-way. The Subrecipient will administer'all activities in the provision of the
aforementioned public facilities/infrastructure improvements project in accordance with all
applicable Federal, state, and local rules and regulations governing these funds, and in a manner
satisfactory to the Grantee.
ill. Activities
Subrecipient will be responsible for the delivery of the following activities in cOIlllection with the
provision of the above noted project:
[the activities shall include, but not be limited to, the budget line item categories listed in the budget detail
ofExhtbit B] .
Page 28 of 48
Z:\Comrnunily & EeOllOmie Development Dcplll1ml!nt\Publie Impmvemenls\Northside Neighborhood North 2nd Street- OS GEN
0177\OSGI!NOl77 - AO~ between HC & City of La Porte forNorthsidc Neighborhood N. 2nd 51 ProjCClrtf
No. Name/Catel!orv Schedule and Reauired Documents
1 Engineering Design -' Drawings. Plans, Bid 90 days from the date of this Agreement. Complete set of
Specifications & Construction Documents drawings. plans, cost estimates, and bid sPecifications.
2 Bid Out (advertisement of project) Within 15 days after the Grantee's approval of bid
specifications Subrecipient sball advertise for at least two
consecutive weeks. Copy of advertisement notice with
affidavit.
3 Pre-bid Conference One week before bids are due. Copy of List of Attendees and
Meeting Notes.
4 Bid Opening Two weeks after the initial advertisement Letter indicating
time, date, location and number of bids received and opened.
5 Bid Tabulation and Recommendations Within 15 days after bid opening date. Copy of all bids
received, tabulation and recommendations.
6 Notice of Award and Draft Construction Within 15 days after Grantee's written approval oflowest and
Contract best bid. Copy of Notice of Award. Within 45 days after
Grantee's written approval of lowest and best bid. Copy of
DRAFT Construction Contract.
7- Executed.Construction Contract Within 15 days after Grantee's written approval as to form of
the DRAFI' Construction Contract. Copy of EXECUTED
Construction Contract
8 Pre~Construction Conference Within 7 days after the date of the Executed Construction
Contract. Copy of List of Attendees and Meeting Notes.
9 Construction Start Date Construction shall start within 60 days of the Pre-construction
Conference. COpy of Notice to Proceed.
.10 Construction Schedule & Davis-Bacon and Copy of bar chart or critical path with sufficient detail of
Related Acts (DBRA) Compliance construction sequence. ORIGINAL DBRA compliance
Documents documents submitted on a weekly basis after the Construction
Start Date through the end of construction.
11 Survev Durin~ engineering design and canstruction, as applicable:
-12 Inspection During construction and after construction to. assure
compliance.
13 Testing During Engineering design and construction, as applicable.
14 Final Punch List Copy of Final Walkthrough Punch List, if applicable
15 Certificate of Campletian Upon completion of construction. Copy of Certificate of
Completion.
In additian to. the normal administrative services required as part af this Agreement, the
Subrecipient agrees to document pragress using reporting requirements specified in Section VIII
of this Agreement.
The Scope of Services to. be provided by Subrecipient may be amended to. include ather activities
autharized under federal law that are appro.ved in writing by the Executive Directo.r, Hams
County Cammunity and Econamic Develo.pment Depart:nient and within the same general type of
services described herein.
N. Notice
Grantee
Subrecioient
David B. Turkel, Directo.r
Harris Caunty Community and
Economic Development Dept.
8410 Lantern Point
Houstan, Texas 77054
Debra B. Feazelle, City Manager
City of La Porte
604 W. Fairmant Parkway
La Porte, Texas 77571
Page 29 of 48
Z:\Community &. Economic Development Department\Publie Imprnveme!lls\Northside Nelghborbood Nor1h 2nd Slrcct. 05 QEN
0177\DSGEN0I77 . AaR betwel'1l HC &. City of La Porte for NortIL'lide Nelghborllood N. 2nd 5t ProjecLrtf
Exhibit B
BUDGET
CITY OF LA PORTE
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 the Grantee under this
Agreement shall not exceed Fifty Six Thousand Four Hundred Seventy Five and 00/1 00 Dollars
(56,475.00).
PROJECT StlM!\.1ARy
. ;'.t,'~;~:,:':".';:;';';:i." ;'.':;~::'~;~'~~~:~~!~,~~.:il,;'!;;,"I'.~,'::.,::'i.:;;:":,'} ."E~~:~."\~[~~:Y.?:,l, '.P~0~~~.~:~i ::".:',';.,::..,~;~~~zi:':'~'.~;'.::'i
Project Costs
I. City of La Porte - Northside $55,910.25 .$0.00 $55,910.25
Nei hborhood North Second Street
IV. RePID Allocation (Inspection & $564.75 $0.00 $564.75
En ineerin Administration
;." ;':: ::.::Rr,.oje'cdlbiit~~:tiltnl . ..; .: ".$,56;4.1s.ao:.'< ::.:' ;\~ .: '~O~O'O" ':;:;::::::'.':'$5~;~1.~~O:~
.:.." ;.....:.... .... : .,:,.,~.., "'" ._:: ,"'::'",". "\ . ,.:,:....\.,.. .~ .:: I.., '..,~ ..".. . ..:t.:,:, ...:',<~~:,...~ ..> ~:::, ."~:.:.;.~;,:.~;),:~~.:...;;:i":,,,, ,.', ';,:",:~
COSO PY2004
....; .'~~~i.e~t'9~~~:".i.:"
.: ' ' . ~, "..:,'
I. City of La Porte - Northside
Nelghporhood North Second Street
Construction
Contingency
Engineering Desi~..
Survey
Inspection & Testing
$50,262.75
$5,647.50
$0.00
$0.00
$0.00
$55,910.25
Subtotal
m. HCPID Allocation
InSPection' & Engineering AdnlinStratioI1
Subtotal
$564.75
. . '.';"",
.'.'~~j)J!Y::~:~.t.a.~:,T~tal:. .... .:. ...~7~,4~5.0~. :.~; ..
$0.00
$0.00
$5,700.00
$0.00
$502.63
$6,202.63
$50,262.75
$5,647.50
$5,700.00
$0.00
$502.63
$62,112.88
Page 30 or 48 Z:\Conurnmity & Economic Development Pepnrtmenl\Public IlqlrDvementsINortbside Neighborhood North 2nd Slrl'et- OS GEN 0177\OSGENDI77
- AOR between He & City ofLn Porte for NortllSide Neighborllood N. 2nd Stl'mjecLrtf
~SCOUNTY,TEXAS
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
November 1, 2006
8410 Lantern Point Drive
Ho on, Texas 77054
el (713) 578-2000
Fax (713) 578-2190
David B. Turkel
Director
Ms. Debra Feazelle, City Manager
City of LaPorte
604 W Fairmont Parkway
LaPorte, TX 77571
v 0 3 2006
TV MANAGER'S
OFFICE
RE: City of LaPorte/ Northside Neighborhood North Second Street Project
Project No. CDBG 2004-019
Dear Ms. Feazelle:
Enclosed is a copy of the approved Second Amendment to Agreement between Harris County
Community and Economic Development Department and the City of LaP e
Northside Neighborhood North Second Street Project. This Amendment ad $21,265.0 in
Program Year 2005 Community Development Block Grant funds to the pro] get to ,
adequately cover construction related costs.
If you have any questions or comments, you may contact Ms. Millicent Bradfi rd, Senior
Project Monitor at 713 578-2000.
David B. Turkel
Director
foz$- (j l>
;;l
f
ELlMB/lH/ERWIDBT
Enclosure
~~ _ 3S-
w5
J :\gmshare\QA \ELove\Millicent's Projects\City of LaPorte.doc
, -
, ~
r '
SEcolW AMEND:MENT TO AGREE:MENT
BETWEJ3:N HARlUS COl!NTY AND THE CITY OF LA PO~TE FOR THE
NORTHSIDE NEIGHBORHOOD" NORTH SECOND STREET PROJECT
WHEREAS, HARRIS COUNTY, a body cOIporate and politic under the laws of the State of
Texas, hereinafter referred to. as the "Grantee," and the City of La Porte~ a cody corporate and
politic under the "laws of the State of Texas (hereinafter referred to as the "Subrecipient"),
entered into an Agre~ent on March. 8', 2005 to administer a Community Development Block
Grant (CDBG) PrOgnim Year (PY) 2004, B-2004-UC-4~-0002; CD 2004-019 for a' project
known as the Northside Neighborhood North Second Street Project in the amount of $56,475.00
(the "Agreement");
, ,
WHEREAS, on December 6,,2005 the Grantee and Subrecipient executed a First Amendment to
the original Agreement adding $40,000.00 in PY 2004 CDBG funds to the Budget. The total
amount ofCDBG fum;ls allocated to this Project at that time was $96,475.00 for construction and
related activities; and
WHEREAs,. the Grantee and S~bl."ecipient 'now desire to further amend said original Agreeinent
to add $21,625.00 in 'py 200? CDBG funds to the Budget, to adequately cover incre~ed
construction cost. The total amount of CDBG 'funds allocated to this Project is $118, i 00.00 for
construction and related activities.
NOW, THEREFORE, the Grantee and Subrecipient mutually agree as follows:
06 GEN 1254 - Nortbside Neighborhood N. 2nd Slreel2nd AMD 2004-(\\9
I'p~e J of6
J '.
1.
Exhibit "B," Budget, which currently reads as follows:
Maximum Amount to be Paid Under this Agreement
It is expressly agreed and understood that the total amount to be paid by the Grantee under this
Agre~ent shall not exceed Ninety Six Thousand Four Hundred Seventy-Five AND 00/] 00
Dollars ($96,745.00).
DESCRIPTION
PROJECT SUMMARY
CEDD LEVERAGE
(CDBG)
TOTAL
Project Costs
1. City of La Porte- Northside $95,910.00 $0.00 $95,910.00
Neighborhood N. 2ad. St Project
II. HCPID Allocation (Inspection & $565.00 $0.00 $555.00
Engineering Administration)
Project Budget Total $96,475.00 SO.OO S96,47S.00
I'Y :!ll1lo1 CDBG 196.475
Project Costs
PROJECT DETAIL
CEDD LEVERAGE
(CDBG)
TOTAL
I. City of La Porte - Northside
Neighborhood N. 2nd St. Project
Construction
Contingency (5% of
construction)
Engineering Design
Surveying
Inspection & Testing
Subtotal
$91,]]5.00 $0.00
$4,795.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$95,910.00 $0.00
$91,115.00
$4,795.00
$0.00
$0.00
$0.00
$95,910.00
ll. HCPlD Allocation
Inspection & Engineering!
Construction Administration
~)~;l~;;i~;S~~W:~;:t~$; }i~f;;i~;'/if)H~~~~~~~~ ':,,'
$565.00
$0.00
$565.00
Subtotal
S 565.00
$0.00
$ 565.00
Project Detail Total
$96,475.00
so.oo
$96.475.00
06 GEN 1254 - Nonll5ide NeighborlmOd N. 2nd SI1eel2nd AMD 2!lO4-O/9
"Rge 2 of6
Is hereby amended to read as follows:
lVla.'rimum Amount to be Paid Under this Agreement
It is expressly agreed and understood that the total amount to be paid by the Grantee under this
Agreement shall not exceed One Hundred Eighteen TIlOusand One Hundred and 00/100 Dollars
($118,100.00).
DESCRIPTION
TOTAL
Project Costs
1. City of La Porte- Northside $] 17,535.00
NeighborhoodN. 2nd. StProject
II. HCPID Allocation (Inspection & $565.00
Engineering Administration)
$21,603.63
$139,138.63
$0.00
$ 565.00
Project Budget Total $118,100.00
$21,603.63
$139,703.63
Py 200.1 CDIlG S96.475.o0
P,{ 2005 C08CiS2I.62S.0Q
PROJECT DETAIL
Project Costs CEDD TOTAL
(CDBG)
I. City of La Porte - Northside
Neighborhood N. 2l1d St. Project
Construction $112,740.00 $]5,401.00 $128,141.00
Contingency $4,795.00 $0.00 $4,795.00
Engineering Design $0.00 $5,700.00 $5,700.00
Surveying $0.00 $0.00 $0.00
Inspection & Testing $0.00 $502.63 $502.63
Sub.total $117,535.00 $21,603.63 $139,138.63
n. HCPID Allocation
Inspection & Engineering! $565.00 $0.00 $ 565.00
Construction Administration
Subtotal $565.00 $565.00 $565.00
Project Detail Total $118,100.00 $21,603.63 $139,703.63
11.
All other conditions of said Agreement (as previously amended) shall remain in full force and
effect as originally written.
Db GEN 1254. Northside Neillbborbood N. 2nd Streel2l1d AMO 2004-019
Page 3 orc.
.!, .
IN Wn~rOF, ilie Parties have executed fuis Amended Agreement as Ofili:J~
day of 2006. OCT 2 4 .2006
Approved:
Atrest: ~~
Name: DEBRA FEAZELLE
Title: City Manager
CI'r^O.FLAPO~~ .
By:~t~~~---
ALTON E. PORTER
Mayor, City of La Porte
Approved as to Form:
MIKE STAFFORD
County Attorney
~~
By: RACHEL BOATES
Assistant County Attorney
y: DAVID B. TURKEL
Director, Harris County Community and
Economic Development Department
AUDITOR'S CERTIFICATION
I hereby certify that funds are available in the amoUnt of $117,535.00 (of which $95,910.00 was
previously certified on December 6, 2005) for construction related activities and $565.00 (as
previously certified on March 8, 2005) for Harris County Public Infrastructure Department
(RCPID) inspection and engineering administration to pay the obligation of Harris County under
this Agreement.
BARBARA SCHOTT
County Auditor
06 GEN 1254 - ]IIarthside ]IIeighborbood]ll. 2nd Streel2nd AMO 2004-019
Pnge40rG
Presented 10 Commissioners Court
ORDER
OCT 2 ~ 2006
APPROVE
Recorded VoL- Page
THE STATE OF TEXAS
COUNTY OF HARRIS
~
~
s
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the
HaW~ 9o~I)..ty Administration Building in the City of Houston, Texas, on the day of
veT l If ,ZOut) , 2006, with the following members present, to wit:
Robert Eckels
El Franco Lee
Sylvia R. Garcia
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct No. 1
Commissioner, Precinct NO.2
Commissioner, Precinct,No. 3
Commissioner, Precinct No.4
and the following members absent, to-wit: ~ ___
a quorum, when among other business, the following was transacted:
, constituting
ORDER AUTHORIZING EXECUTION OF SECOND AMENDMENT TO
AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR
THE NORTHSIDE NEIGHBORHOOD NORTH 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 tIle adoption of the order,
prevailed by the following vote:
Yes .No Abstain
Judge Eckels 0 0
Comm. Lee 0 0
Comm. Garcia 0 0
Comm. Radack 0 0
Comm. Eversole 0 0
RECITALS:
WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of
Texas, hereinafter referred to as the "Grantee," and the City of La Porte, a body corporate and
politic under tl1e laws of the State of Tex.as (hereinafter referred to as "Subrecipient"), entered
into an Agreement on March 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 known as
tl1e Northside Neighborhood North Second Street Project in the amount of $56,475.00 (the
"Agreement");
WHEREAS, on December 6, 2005 the Grantee and Subrecipient executed a First Amendment to
tl1e original Agreement adding $40,000.00 in PY 2004 CnBG funds to the Budget. The total
amount ofCDBG funds allocated to this Project at that time was $96,475.00 for construction and
related activities; and
00 GEN 1254 - Northside Neighborhood N. 2nd Streel2nd AMD 2004-019
Pllge 5 Dfb
...l....
" ". "':.0
, .
wHEREAS, the Qrantee and S~brecipient now desire to fur.t11er amend said original Agreement
to add $21,625..00 in \PY'40~?_: CDBG funds tq tJ?e Budget, to adequately cbver increased'
construction cost. The total amount ofCDBG funds allocated to this Project is $118,100.00 for
construction'and related activities;
NOW, THEREFORE, BE IT ORDERED BY TIIE COMMIS~IONERS COURT OF HARRIS
COUNTY, TEXAS THAT:
Section 1:
Section 2:
The recitals set forth in this qrder are t:rue and correct.
The Director of Harris Coupty Community, and Economic Development
Department is authorized to execute a Second Amendment to the Agreement
between Harris County'and the City of La Porte for the'Northside Neighborhood
North Second Street Project. The Second Amendment to the Agreement is'
attaclied hereto and made a part hereoffor all purposes.
06 GEN 1254 - Norlhsid" Ndghborllood N. 211d St=12nd AMD 2004-019
Page 6of6
({;(Q){?J1(
HARRIS COUNTY, TEXAS
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
David B. Turl{el
Director
8410 Lantern Point Drive
Houston, Texas 77054
Tel (713) 578-2000
Fax (713) 578-2190
July 3, 2006
County Judge Eckels and
Commissioners Lee, Garcia, Radack, and Eversole
Agenda Letter
Please consider the following item on the Commissioners Court Agenda for July 11,2006:
Approval of amendments to the Harris County PY1998, PY1999, PY2000, PY2002, PY2003,
PY2004, PY200S and PY2006 Annual Action Plans.
A summary of this request is attached for review and approval.
Thank you for your assistance with this request.
Comm. Lea
Comrn. Garcia
Comm. Aadack
Comm. Eversole
Abplain
-~~~ C!
---'-'
Vote of the Court:
David B. Turkel, Director
Community & Economic Development Department
:x
):P
.....
-:I:
')::>':;>
CJ::o
!:!:l::o
~-
men
-
:::i0
"0
()) c:
1'T1:Z::
:;0 ..;
<-<
<3
rn
(I)-
o
en '
t-
c:
r-
I .
c.n
DBT/DL/lclkm/lwr
Presented to Commlsslcner's Court
, , JUb '11 1006 '
. Ct-
APPftQVI~l4 .-
t!1@OOr8sa VBI- = ~~~-
"%:-'
:x
W
N'
,f:"
{:\,C),.",.",- t.ro(.I""'i)",.l.I~")
J:\AAP\AAP AmendmenlS\MnjOt, Minot and 1% AmcndmcnlS\20D6 Amendments\Agcndu Lcllers\Agcndn Letter July II.doc
~I.J,C'
r,C, I, ..i l" \;:l;,-'\.J>"'\
\_)I..";C'- ~'.~~j .. . ." ";
HARRIS COUNTY COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Executive Summary
ANNUAL ACTION PLAN AMENDlVIENTS
July 11, 2006 Commissioners Court
Background
Harris County Commissioners Court previously approved the Annual Action Plans. The Annual Action
Plans (AAP), which are a consolidation of the Community Development Block Grant (CDBG), HOME
Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) applications, were also subsequently
approved by the U.S. Department of Rousing and Urban Development (HUD). Since HOD approval, several
changes have been made to projects reported in these documents. These changes consist of substantial
amendments and minor amendments, which are defined below.
Substantial Amendmellts
Substantial amendments in a planned or actual activity or objective change require a 30-day public
review period and court approval. A substantial amendment is defined as:
1. addition or deletion of an activity or objective;
2. change in the objective of an activity; or
3. change of more than 25% in the dollar amount needed for a project.
These amendments were included in the June 2, 2006 and June 9, 2006 public notices. The 3D-day public
review period has been met and we are now asking the court to approve the changes to the Annual Action
Plans.
1998, 1999,2000, 2002, 2004, and 2005 HOME Funding:
Project 2005-0017 HeRA Waterside Court-Obligate $69,484.79 in 1998 HOME Funds, Obligate
$171,014.55 in 1999 HOME Funds; Obligate $50,000 in 2000 HOME funds; Obligate $60,595.65 in 2002
HOME funds; Obligate $62,500.00 in 2004 I-IOME Funds; and Obligate $136,405.01 in 2005 HOME funds.
Total project funding, including previously awarded amounts, will be $1,995,000.00.
1998, 1999, 2000, 2002, 2004, and 2005 HOME Funding:
Project 2005-0017 HCHA Waterside Court
Original Scope of W or~{: Current Number of HOME-Assisted Units = 28 High Units/8 Low Units.
Proposed Scope of Work: Revised Number of HOME-Assisted Units = 18 High Units/23 Low Units. This
revision will result in a total of 41 HOME-assisted units.
2003,2004 and 2005 CDBG Funding:
Project 2005-0040 Harris County WCill #21 Meads Street Project W/S Lines - Obligate $97,250.53 in 2003
CDBG Funds, obligate $236,726.04 in 2004 CDBG Funds, and obligate $266,023.43 in 2005 CDBG Funds.
Total project funding, including previously awarded amounts, will be $767,155.00.
2005 CDBG Funding:
Project 2005-0021 Northwest Assistance Ministries Meals on Wheels - Deobligate $9,765.72 in 2005 CDBG
Public Service Funds. Total project funding, including previously awarded amOlmts, will be 25,234.28.
---~.*---
Minor Amendments
Minor amendments require Court's approval, but no public review period. Change must be under 25 percent
change in allocation.
2002 CDBG Funding:
Project 2002-0078 Humble Health Center HIPAA Improvement - Deobligate $8,492.75 in 2002 CDBG
Funding. Total project funding, including previously awarded amounts, will be $131,187.25.
2003 CDBG Funding:
Project 2003-0011 HCPID Fallbrook Road Construction - Deobligate $77,186.75 in 2003 CDBG Funds.
Total project funding, including previously awarded amounts, will be $867,813.25.
Project 2003-0018 HCPHES Lead Based Paint Program - Deobligate $47,924.14 in 2003 CDBG Funds.
Total project funding, including previously awarded amounts, will be $1,152,075.86.
2005 CDBG Funding:
Project 2005-0003 CDBG Program Administration - Deobligate $367,938.62 in 2005 CDBG Funds. Total
project fimding, inpluding previously awarded amounts and $11,993.82 in remaining funds from Project
2005-0059 Coalition for the Homeless, will be $2,015,021.20.
Project 2005-0008 Astrodome Resource Center - Deobligate $6,458.70 in 2005 CnBG Public Service Funds.
Total project funding, including previously awarded amounts, will be $53,941.30.
Project 2004-0018 City of South Houston Waco Street Sewer Replacement - Obligate $108,876.00 in 2005
CDBG fimds. Total project funding, including previously awarded amounts, will be $728,876.00.
Project 2004-0019 City of La Porte Northside Neighborhood North Second Street Project - Obligate
$21,625.00 in 2005 CDBG Funds. Total project funding, including previously awarded amounts, will be
$118,100.00.
Project 2005-0022 Prevent Blindness Texas Partners in Prevention - Deobligate $6,201.52 in 2005 CDBG
Public Service Funds. Total project funding, including previously awarded amounts, will be $32,998.48.
Project 2006-0038 Harris County WClD 36 Haden Service Area - Obligate $77,223.00 in 2005 CDBG
Funds. Total project funding, including previously awarded amounts, will be $562,465.00.
Project 2005-0049 AAMA House - Deobligate $16,250.78 in 2005 CDBG Public Service Funds. Total
project funding, including previously awarded amounts, will be $53,749.22.
2005 HOME Funding:
2005 HOME Funding: Project 2005-0002 HOME Program Administration - Deobligate $12,468.93 in 2005
HOME Funds. Total project funding, including previously awarded amounts, will be $360,999.07.
Project 2006-0050 City of La Porte Northside Neighborhood - Obligate $5,000.00 in 2005 HOME funds.
Total project funding, including previously awarded amounts, will be $457,300.00.
Project 2006-0054 Gardens at Tomball - Obligate $17,746.35 in 2005 HOME CHDO Funds and obligate
$15,503.65 in 2006 HOME CHDO funds. Total project funding, including previously awarded amounts,
will be $1,233,250.00.
2006 HOME Funding:
Project 2006-0054 Gardens at Tomball - Obligate $17,746.35 in 2005 HOME CHDO Funds and obligate
$15,503.65 in 2006 HOME CHDO funds. Total project funding, including previously awarded amounts,
will be $1,233,250.00.
Recommendation
It is recommended that the Commissioners Court approve the above referenced changes to the Annual
Action Plans.
.
-i
.....
J:\AAP\AAP Amcndmcnts\Major, Minor and 1 % Amcndmcnls\2006 Amcndmcnts\Court AbslrnclS\Court Absl July 11 Major.doc
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds:
CDBG
Department: Planninl!
Account Number:
Grant Fund 032
Budgeted Item:
$117.535.00
$113.133.41
YES
Report: X Resolution:
Ordinance: X
Amount Budgeted:
Exhibits: Bid Tab CLP #06012
Ordinance
Letter from Harris County Dated 7-5-06
Amount Requested:
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 original 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 that the extension ofthe 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 Construction:
. Paving $92,332.01
. Drainage $ 8,769.99
. Waterline $21,lB4.33
. Contingencies/Other Work $10,000.00
Value engineering was considered by substituting the lime stabilized sub-grade with low plasticity select fill as well as using
calcium sulfate instead of cement as 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.
The apparent low bidder was over the budgeted amount and City staff requested additional CDBG funding to augment the
construction fund. After several months Harris County came back with an additional $21,625, bringing the total construction
funding to $117,535. Since the initial opening ofthe bids enough time has elapsed where the contractor can amendhis/her prices
due to material and labor increases. The following is the amended low bid from TEXCOR Construction reflecting these changes
(the bold indicates the change):
. Paving $92,332.01 + $5,927.10
. Drainage $ ~,7690.99+ 1,505-.6&
. Waterline $21,834.33 + no change
· Contingencies $10,000.00 + no change
The amended bid total is $140,369.03. City staff has notified the contractor and it is mutually agreed that the waterline portion ofthe
contract will be omitted from the contract, reducing the contract price to $118,534.70. Public Works has agreed to extend the
waterline and pay for the materials, as approved. Additionally, City will provide traffic control for the project at an additional savings
of$5,401.29, bringing the construction project within budget ($113,133.41).
Staff recommends awarding the bid to TEXCOR Construction for the paving and drainage ofN. 2nd Street.
Action Required bv Council:
1. Consider and take action on an Ordinance to award a bid in the amount of$113,133.41 to TEXCOR Construction for the
paving and drainage for North 2nd Street.
2. Direct Staff to issue a notice to commence construction.
A d for Ci Co ncil A enda
q -- d-f) --0 ~
Date
BID TABULATION - NORTH SECOND STREET EXT. #06012
MATERIALS
$29,093.87
$143,698.41
OTHER CHARGES
$103,842.46
$77,376.06
TOTAL
$132,936.33
$221,074.47
Information represents pricing only, and other factors mayor may not
be considered during the evaluation process
ORDINANCE NO. 2006- 01 91l/
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 $113,133.41 TO FUND SAID CONTRACT; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN METTINGS LAW; PROVIDING
AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract,
agreement, or other undertaking described in the title of this ordinance, a copy of which
is on file in the office of the City Secretary, 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. 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 $113,133.41 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, 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 d6ff- day of ~ - , 2006.
CITY OF LA PORTE
By:
i/'\ r---")
( .; \L. \{ \/ /__1\-.
\J~" . c-\JLL__
Alton E. Porter, Mayor
ATTEST:
~JJiid, 4- vl/flU/
Mart a A. Gillett, City Secretary
APPROVED:
~-r~
C ark T. Askins, Assistant City Attorney
HARRIS COUNTY, TEXAS
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
David B. Turkel
Director
8410 Lantern Point Drive
Houston, Texas 77054
Tel (713) 578~2000
Fax (713) 578-2190
July 5, 2006
The Honorable, Alton Porter
Mayor of The City of La Porte
604 W. Fairmont Parkway.
LaPorte, Texas 77571
Attention: Debra B. Feazelle, City Manager
Re: Northside Neighborhood North Second Street Project
Project Numbers: CD 2004-019
Dear Mayor Porter:
The Harris County Community and Economic Development Department (HCCEDD) is in
receipt of project bids, bid tabulations, and the recommendation from City Engineer, Rodney
Slaton for the above-referenced project. Based on our review of the submitted documents, this
office concurs with Mr. Slaton's recommendation to award the contract for the Northside
Neighborhood North Second Street Extension Project to the apparent responsible bidder. Texcor
Construction Services, Inc. who submitted the lowest and best bid with a base bid of
$132,936.33; therefore, the City of La Porte. may issue the Notice of Award and proceed with
the letting of the contract.
Pursuant to the terms of Agreement between Harris County and the City of La Porte, please
forward to this office for review and approval as to form, a copy of the contract for construction
with T excor Construction Services, Inc prior to contract final execution.
If you have any questions or comments, you may contact Ms. Millicent T. Bradford, Senior
Project Monitor at (713) 578-2000.
Sincerely,
~ ~~cl~
Director
DBT/DAUER W/JWmb
cc: Rodney Slaton, P.E.
J;'lgmshareIQAIB.,.tlM\GM D"""lll"'U\Std Lel1...WFI Bid C0C10ID'\La1>ort>e 14 2nd St Bid ApprovalLtr :I.OO4-019.doc
o
,nn-Galveston Area Council
Office of the Executive Director
September 6, 2006
RECEIVED
The Honorable Alton Porter
Mayor, City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
SEP 0 7 2006
CITY SECRETARY'S
OFFICE
Dear Mayor Porter:
I am writing regarding the appointment of La Porte's representative to H-GAC's 2007
General Assembly and Board of Directors.
H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not
in excess of 99,999 according to the last preceding Federal Census (2000) to select one member
of its governing body as its representative and one member of its governing body as an alternate
to the H-GAC General Assembly.
H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the
General Assembly delegate. Therefore, the official chosen to serve as the General Assembly
representative will also be designated to serve on H-GAC's Board of Directors.
I have enclosed the appropriate form for your convenience.
The 2007 designated representatives begin their terms of office at the first of January.
If more information concerning General Assembly and Board of Directors membership
would be useful, please contact me or Mary Spain of the staff. Thanks for your help in selecting
H-GAC's 2007 General Assembly and Board of Directors.
Sincerely,
JS/ms
~
Jack Steele ~
5ef~
Enclosure
cc: City Secretary
Dut
T'?27 -2777
o
3555 TimiilC"s S:xtc
Houston, Tex8;c, 77:."~;'7-0'1'::f
Phone
':::..;)27 -3200
Recycled
L.~luJio~. jO()lQ":L~
DESIGNATION OF REPRESENTATIVES
HOUSTON-GALVESTON AREA COUNCIL
2007 GENERAL ASSEMBLY
AND
BOARD OF DIRECTORS
*********************************
BE IT RESOLVED, by the City Council of La Porte, Texas that the following be and are hereby
designated as the representative and alternate of the General Assembly of the Houston-Galveston
Area Council for the year 2007:
REPRESENTATIVE (J.1 u. ~ ~ k_r.en
ALTERNATE--Barr i -EeI161-ey
FURTHER THAT, they are hereby, designated as the representative and alternate to the Board
of Directors of the Houston-Galveston Area Council for the year 2007.
THAT, the Executive Director of the Houston-Galveston Area Council be notified of the
designation of the hereinabove named delegate and alternate.
PASSED AND ADOPTED, this the :J::J!!:day of 5Pv>t~LhJ).t( ,2006.
APPROVED: r"--'---
\ "\lLL" (J \ \~~-
\_"~\.&v'-C->; . ~
Mayor
ATTEST:
Ltr;~$/
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 25. 2006
Bude:et
Requested By: MikP Rml'J~e
Source of Funds:
Department:
}:irl~ Departmeut
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Port of Houston Fire Protection Contract
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
The Port of Houston has agreed to continue to contract secondary fire protection from the City of La Porte for their
Barbour's Cut Facility. Staff has reviewed the proposed contract and found it to be basically the same structured
document, with only minor changes in the fee for services, which were lower than last year's contract. This change
was attributed to there being fewer employees at the Barbour's Cut Facility this year. The total amount of the
contract is not to exceed $21,658.85, commencing November 1, 2006 ending October 31,2007, unless cancelled by
either party.
Action Required bv Council:
Approve or not approve contract.
{(-~O rO~
Date
ORDINANCE NO. 2006- cJ...145
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY, FOR PROVIDING
SECONDARY FIRE SUPPRESSION SERVICES; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby
approves and authorizes the 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 of the City of La Porte
officially finds,
determines,
recites,
and declares that a
sufficient written notice of the date, hour, place, and subject of
this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during
which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and
the contents and posting thereof.
ORDINANCE NO.
2006- ~ CfLf)
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this l:1t day of September, 2006
CITy OO:1:Rr.'P~
Alton E. Porter, Mayor
By:
APPROVED:
~-r rt~
C ark T. Askins, Assit. City Attorney
2
CONTRACT
STATE OF TEXAS ~
~
~
KNOW ALL MEN BY THESE PRESENTS:
This Contract made and entered into by and between the CITY OF LA PORTE, a
municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE"
and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County, Texas
hereinafter referred to as "PORT".
WITNESSETH:
WHEREAS, PORT is in need of certain governmental services for the benefit of
the people and property at its Barbour's Cut Terminal; and
WHEREAS, LA PORTE is able and willing to provide said governmental
services to PORT, upon the terms, conditions, and covenants herein contained;
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and
benefits to both parties, it is hereby agreed as follows;
1.
For and during the year beginning on the 1st day of November 2006, and ending
on the 31st day of October 2007, LA PORTE agrees to furnish to PORT, the secondary
fire suppression services hereinafter more specifically described. This Contract shall
remain in effect after October 31, 2007 until canceled by either party hereto giving ninety
(90) days written notice to the other party hereto.
II.
For and in consideration of the governmental services to be provided by LA
PORTE, PORT agrees to pay LA PORTE the monthly sum of ONE THOUSAND
EIGHT HUNDRED FOUR AND 90/100 DOLLARS ($1804.90). Such charges are
based on a $14.11 per person fee and are to be paid in full by PORT to LA PORTE, on or
before the tenth day of the month following the month in which such services are
rendered The total amount of the contract is not to exceed the amount of TWENTY
ONE THOUSAND SIX HUNDRED FIFTY -EIGHT AND 85/100 DOLLARS
($21,658.85)
ANNUAL COST OF CONTRACT ADmSTMENT- The cost of the contract
shall be based on an Average Daily Population ("ADP") of personnel working at
Barbours Cut Terminal. The cost of contract adjustment shall be calculated by
multiplying the negotiated per person fee by the negotiated ADP for the contract year,
and shall be subject to review and adjustment annually, commencing November 1,2007.
III.
LA PORTE will not be liable for loss or damage to person or property arising
from or caused by or resulting from alleged negligence of LA PORTE, its officers,
employees, or volunteers, in carrying out this contract. PORT agrees to release and hold
harmless, from any such claim for loss or damage by itself, or by any person, firm,
corporation, or association, in connection with this contract. PORT further agrees to
reimburse LA PORTE the fair market value of any of LA PORTE'S equipment damaged
or destroyed while engaged in fire suppression services on behalf of PORT hereunder.
IV.
PORT shall provide primary fire suppression service, which routinely includes
nuisance type ftre calls, and Life Flight landings. LA PORTE agrees to provide
secondary fire suppression services for structural fires, rescue calls beyond the capacity
of the PORT, and catastrophic events within PORT'S Barbour's Cut Terminal, (but not
including on board vessel fires), for the term of this Contract, upon the terms and
conditions herein contained, when in the judgment of PORT employees, such service is
necessary to deal with a specific emergency.
v.
Sole discretion will rest with the LA PORTE Fire Chief, or his duly authorized
assistants, as to the personnel and equipment that will answer each call for assistance
from the PORT, provided that protection will be adequate (meaning reasonable
protection, considering available personnel and equipment of LA PORTE'S Fire
Department).
VI.
PORT agrees to authorize LA PORTE duly authorized officers the right to inspect
or tour property within PORT'S Barbour's Cut Terminal, with a member of the PORT'S
management or marine operations present. Additionally, during calls for assistance, LA
PORTE will determine safe operation areas on Port property that include, but are not
limited to, closure of roadways, trucks, cranes, tractors, etc. for the protection of LA
PORTE'S personnel and equipment.
VII.
This Contract shall become effective at 12 am Central Time, on the 1st day of
Novemberr 2006, and shall remain in full force and effect until the 31 st day of October
2007, unless otherwise cancelled as provided in Paragraph I above. This Contract is
entered into subject to the Charter and Ordinances of the City of LA PORTE and all
applicable State and Federal Laws.
EXECUTED IN DUPLICATE ORIGINALS, as of this the;? ~ay
of ~ . ,2006.
ATTEST:
CITY OF LA PORTE
BAlfvwf3~
City Manager
By4/41/td. (dJJ1J
ity Secretary
PORT OF HOUSTON AUTHORITY
By:
Executive Director
APPROVED AS TO FORM:
APPROVED:
Counsel
Director of Operations
FUNDS ARE AVAILABLE TO MEET
TillS OBLIGATION WHEN DUE:
Harris County Auditor
f
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 25.2006
Requested By: Michael Dolbr ~
Department: Finance
Appropriation
Source of Funds: N/A
Account Number: N/A
Report:
Resolution: X Ordinance:
Amount Budgeted: N/A
Exhibits: Resolution Amending Authorized
Amount Requested: Nt a.
Representatives of the City of La Porte
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
The Public Funds Investment Act (PFIA) of 1987 requires that governing bodies designate by rule, order,
ordinance, or resolution, as appropriate, one or more officers or employees of the entity to be responsible for
the investment of its funds consistent with the investment policy adopted by the entity.
The City of La Porte currently recognizes the Assistant City Manager, Assistant Finance Director, and
Budget/Investment Officer as Investment Officers. We need to amend previous resolutions authorizing
representatives to add the Controller as an Authorized Representative to perform transactions for the City of
La Porte with the three investment pools, TEXPOOL, LOGIC and TexStar. Additionally, we need to remove
the Assistant City Manager, due to the retirement of Cynthia Pearson.
This individual has received the required training as mandated by the PFIA.
Along with the Resolution to Amend Authorized Representatives required by TexPool, the required forms
for LOGIC and TexSTAR are included.
Action Required bv Council:
Approval of Resolution Amending Authorized Representatives.
r -dD -f) (
Date -,LJ
RESOLUTIO~-~
A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES TO THE TEXAS
LOCAL GOVERNMENT INVESTMENT POOL ("TEXPOOL") FOR THE CITY OF LA PORTE,
TEXAS; MAKING CERTAIN FINDINGS; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEROF.
WHEREAS, The City of La Porte, 77670 (Participant) is a local government of the State of
Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to
act as custodian of investments purchased with local investment funds; and
WHEREAS, it is in the best interest of the Participant to invest local funds in investments that
provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds
Investment Act; and
WHEREAS, the Texas Local Government Investment Pool ("TEXPOOL"), a public funds
investment pool, was created on behalf of entities whose investment objective in order of priority are
preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. That the individuals, whose signatures appear below, are Authorized
Representatives of the Participant and are each hereby authorized to transmit funds for investment in
TEXPOOL and are each further authorized to withdraw funds from time to time, to issue letters of
instruction, and to take all other actions deemed necessary or appropriate for the investment of local
funds.
SECTION 2. That an Authorized Representative of the Participant may be deleted by a
written instrument signed by all remaining Authorized Representatives provided that the deleted
Authorized Representative (1) is assigned job duties that no longer require access to the Participant's
TEXPOOL account or (2) in no longer employed by the Participant; and
SECTION 3. That the participant may by Amending Resolution signed by the Participant add
an Authorized Representative provided the additional Authorized Representative is an officer, employee,
or agent of the Participant;
SECTION 4. Following is a list of the Authorized Representatives of the Participant. These
individuals will be issued P.I.N. numbers.
Signature
Name: Michael Dolby
Name: Shelley Wolny Title: Bud e
~
') 11 '/7
Signature tutti J..3' L(;(Qj(/}L(f-
Name: Phyllis Rinehartq. . ,..Tltle: Control.ler
Sign at e ~LltL) a'1t~{lLt
f
The Authorized Representative with primary responsibility for performing transactions and receiving
confirmations and monthly statements under the Participation Agreement is Phyllis Rinehart.
SECTION 5. The City Council officially finds, determines, recites and declares that sufficient
written notice of the date, hour, place and subject of this meeting of the City Council was posted at a
place convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
SECTION 6. Additionally, this resolution and its authorization shall continue in full force and
effect until amended or revoked by the Participant, and until TEXPOOL receives a copy of any such
amendment or revocation.
PASSED, APPROVED AND RESOLVED this the ~th day of ~ 2006.
CITY OF LA PORTE, TEXAS
(\ (' '0,\
tlJd. \ k'L I.~/J --.-
~ ' .' -. ~ I'
By: .... l...:....., \ .I--
Alton Porter, Mayor
ATTEST:
By: Y!1N}L tfiatl
Martlia Gillett
City Secretary
APPROVED:
By: {~T~ ~
~ox Askins -/ZJr ~ WI ~
CIty Attorney
ADDITION/DELETION FORM FOR AUTHORIZED REPRESENTATIVES
LOCATION NUMBER: 25508
EFFECTIVE DATE: 10- C( - 2C(;l?
PARTICIPANT NAME: City of La Porte
PART I: DELETIONS - Please enter the names of the individual(s) to be
Representatives.
as Authorized
PRINTED NAME PRINTED NAME
I
1. Cynthia Alexander
3.
Inquiry Only Representative*
2. Lori Langelier
PART II: ADDITIONS - Please enter the names of the individual(s) to be
Representatives.
as Authorized
PRINTED NAME TITLE SIGNATURE
Phyllis Rinehart
Controller
at:P~c;t;Jzcu,j
PART III: APPROVALS - Please enter the names of ai/individuals who are currently Authorized
Representatives and who authorize the deletions and additions of the individuals above.
Michael Dolby
Interim Director of Finance
Shelley Wolny
Budget/Investment Officer
Page 1
TexSTAR~
ADDITION/DELETION FORM FOR AUTHORIZED REPRESENTATIVES
PART IV: PRIMARY CONTACT - If the Primary Contact on file with TexSTAR was deleted in Part I
of this form, please provide the name of the Authorized Representative that will be the Primary
Contact. The Primary Contact is the individual who will receive the daily transaction confirmations,
monthly statements, monthly newsletter, TexSTAR Updates and other TexSTAR mailings. [required]
Name:
Email Address:
Phone Number:
PART V: INQUIRY ONLY - If an Inquiry Only Representative was deleted in Part I and you wish to
replace this representative or add an inquiry only representative to your TexSTAR account for the
first time, please list this individual below. This limited representative cannot make deposits or
withdrawals or sign Bank Information Sheets. [optional]
PRINTED NAME TITLE SIGNATURE
If you have any questions regarding this form or the Authorized Representatives currently
on file with TexSTAR for your entity, please contact TexSTAR Participant Services
at 1-800-839-7827.
Page 2
LOGIC
ADDITION/DELETION FORM FOR AUTHORIZED REPRESENTATIVES
TAX 10 NUMBER: 74-6001552
EFFECTIVE DATE: I 0 -Ol~- )cOlo
PARTICIPANT NAME: City of La Porte
PART I: DELETIONS - Please enter the names of the individual(s) to be deletedas Authorized
Representatives.
PRINTED NAME PRINTED NAME
1. Cynthia Alexander
3.
2. Lori Langelier
PART": ADDITIONS - Please enter the names of the individual(s) to be added as Authorized
Representatives.
Inquiry Only Representative*
PRINTED NAME TITLE SIGNATURE
Phyllis Rinehart
Controller
c;;~ ~~J
PART III: APPROVALS - Please enter the names of all individuals who are currently Authorized
Representatives and who authorize the deletions and additions of the individuals above.
Michael Dolby
Interim Director of Finance
Shelley Wolny
Budget/I nvestment Officer
Page 1
LOGIC
PART IV: PRIMARY CONTACT - If the Primary Contact on file with LOGIC was deleted in Part I of
this form, please provide the name of the Authorized Representative that will be the Primary
Contact. The Primary Contact is the individual who will receive the daily transaction confirmations,
monthly statements, monthly newsletter, LOGIC Updates and other LOGIC mailings. [required]
Name:
Email Address:
Phone Number:
PART V: INQUIRY ONLY - If an Inquiry Only Representative was deleted in Part I and you wish to
replace this representative or add an inquiry only representative to your LOGIC account for the first
time, please list this individual below. This limited representative cannot make deposits or
withdrawals or sign Bank Information Sheets. [optional]
PRINTED NAME TITLE SIGNATURE
If you have any questions regarding this form or the Authorized Representatives currently
on file with LOGIC for your entity, please contact LOGIC Participant Services
at 1-800-895-6442.
Page 2
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 25, 2006
Requested By: Michael Dolb~
Department: Finance ..
Appropriation
Source of Funds: N/A
Account Number: N/A
Report:
Resolution:
Ordinance:
x
Amount Budgeted: N/A
Exhibits:
Amount Requested: N/A
Exhibits:
Budgeted Item: YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2005-06 Budget on August 22,2005.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2005-06 Budget. (*denotes funds with current changes)
Revised 2006
(Amended w/ Proposed
Original Budget FY 2007Budget) Amended Budget
General Fund $ 25,987,077 $ 27,280,748 $ 27,280,748
Grant Fund 2,793,931 1,279,794 1,279,794
Hotel/Motel Occupancy Tax 334,280 729,233 745,228 *
Community Investment 190,000 140,728 140,728
La Porte Development Corporation 740,060 740,060 740,060
Tax Increment Reinvestment Zone 36,000 36,000 36,000
Utility 6,774,071 6,566,704 6,566,704
Sylvan Beach 208,683 248,516 248,516
Airport 241,443 10,043 10,043
La Porte Area Water Authority 1,693,956 1,032,067 1,032,067
Golf Course 1,240,740 1,158,149 1,158,149
Motor Pool 1,661,304 2,397,651 2,397,651
Insurance Fund 4,017,103 4,460,139 4,460,139
Technology Fund 956,611 955,839 955,839
General Capital Improvement 433,500 1,509,497 1,509,497
Utility Capital Improvement 715,000 3,551,579 3,551,579
Sewer Rehabilitation Capital Improvement 330,000 262,643 262,643
Infrastructure Fund 705,000 1,204,600 1,204,600
1998 General Obligation Bond Fund 1,207,639 1,566,623 1,566,623
2000 General Obligation Bond Fund 1,160,000 1,638,036 1,638,036
2002 General Obligation Bond Fund 732,789 320,457 320,457
2004 Certificate of Obligation Bond Fund 10,000 1,008,299 1,008,299
2005 Certificate of Obligation Bond Fund 1,800,000 10,191,600 10,191,600
2005 General Obligation Bond Fund 7,700,000 5,700,000 5,700,000
2006 Certificate of Obligation Bond Fund 1,200,000 1,200,000
2006 General Obligation Bond Fund 449,650 449,650
General Debt Service 2,190,671 2,421,752 2,421,752
Utility Debt Service 381,712 292,712 292,712
La Porte Area Water Authority Debt Service 771,719 771,719 771,719
Total of All Funds $ 65,013,289 $ 79,124,838 $ 79,140,833
Action Required bv Council:
Adopt Ordinance Amending Fiscal Year 2005-06 Budget for $15,995 in the Hotel/Motel Fund to expend donation
monies held in an escrow account for Triathlon expenditures. The donations were held in the escrow account until
the expenditures were made. The expenditures have caused the line item to exceed the FY 2006 budget and the
estimate was not included when the revised projections were taken before council with the FY 2007 Budget.
Therefore, the budget needs to be amended for these expenditures. The revenues will also be increased by the
donation monies previously held in the escrow account to offset the increase in the expenditure budget.
~a
q --do-Dk
Date
ORDINANCE NO. 2836-E
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 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 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 I 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,
this ~ day of 5cJpr. , 2006.
CI11 OF LA P~
Ltt~~~~ I~
,
By:
Alton E. Porter, Mayor
ATTEST:
~o.M
Martha A. Gillett
City Secretary
APPROVED:
ttxA r ~
Knox W. Askins
City Attorney
~~bit- A
(~~ ':t~ )
City of La Porte
Consolidated Summary of All Funds
Working Working
Capital FY 05-06 FY 05-06 Capital
09/30/05 Revenues Expenses 09/30/06
Governmental Fund Types:
General Fund 7,102,252 25,987,077 25,987,077 7,102,252
Grant Fund 1,766 2,793,93 I 2,793,931 1,766
HotellMotel Occupancy Tax 569,749 250,590 334,280 486,059
Community Investment 76,706 135,377 190,000 22,083
Section 4B Sales Tax 3,570,274 I, I 82,890 740,060 4,013,104
Tax Increment Reinvestment 151,844 43,850 36,000 159,694
Total Governmental Types 11,472,591 30,393,715 30,08 I ,348 I 1,784,958
Enterprise:
Utility 773,358 6,432,721 6,774,071 432,008
Sylvan Beach 148,201 210,510 208,683 150,028
Airport 299,461 4 I ,408 24 1,443 99,426
La Porte Area Water Authority 1,546,358 1,172,713 1,693,956 1,025,115
Golf Course (60,201) 1,255,635 1,240,740 (45,306)
Total Enterprise 2,707,177 9,112,987 10, I 58,893 1,661,271
Internal Service
Motor Pool 1,960,887 1,85 I ,330 1,661,304 2,150,913
Insurance Fund 1,210,784 3,987,477 4,017,103 1,181,158
Technology Fund 661,979 986, I 72 956,6 I I 69 1,540
Total Internal Service 3,833,650 6,824,979 6,635,018 4,023,61 I
Capital Improvement:
General 410,841 28,000 433,500 5,341
Utility 1,182,115 432,062 715,000 899,177
Sewer Rehabilitation 24,900 305,100 330,000
1998 GO Bond Fund 1,187,639 20,000 1,207,639
2000 GO Bond Fund 1,252,143 5,000 I, I 60,000 97,143
2002 GO Bond Fund 786,637 20,000 732,789 73,848
2004 C/O Bond Fund 1,105,012 40,800 10,000 1,135,812
2005 C/O Bond Fund 1,800,000 1,800,000
2005 GO Bond Fund 7,700,000 7,700,000
Other Infrastructure 1,068,624 17,000 705,000 380,624
Total Capital Improvement 7,017,91 I 10,367,962 14,793,928 2,59],945
Debt Service:
Genera] 1,304,595 2,339,549 2, I 90,67 I 1,453,473
Utility 38],7]2 402,562 381,712 402,562
La Porte Area Water Authority 771,7]9 771,719
Total Debt Service 1,686,307 3,5]3,830 3,344, I 02 ] ,856,035
Total All Funds 26,717,636 60,213,473 65,013,289 21,917,820
PREPARED 08/03/2006, 15:01:06 ACCOUNT ACTIVITY LISTING PAGE 1
PROGRAM GM360L ACCOUNTING PERIOD 10/2006
CITY OF LA PORTE
------------------------------------------------------------------------------------------------------------------------------------
GROUP PO ACCTG ----TRANSACTION---- YTD/CURRENT YTD/CURRENT TRANSACTION CURRENT
NBR NBR PER. CD DATE NUMBER DESCRIPTION ESTIM/APPROP ENCUMBRANCE AMOUNT BALANCE
------------------------------------------------------------------------------------------------------------------------------------
FUND 037 HOTEL/MOTEL OCCUPANCY
037-0000-202.06-25 PARKS & REC ESCROWS / SAN JACINTO TRIATHLON .00 15,995.00
6397 08/06 CR OS/24/06 0096798 TRIATHLON 1,330.00
TX_ALLEN OS/24/06 30
5964 08/06 CR 05/10/06 0092360 TRIATHLON 6,380.00
TX_ALLEN 05/10/06 30
5538 07/06 CR 04/21/06 0086055 TRIATHLON 80.00
TX_ALLEN 04/21/06 30
5538 07/06 CR 04/21/06 0086098 TRIATHLON 4,670.00
TX_ALLEN 04/21/06 30
5538 07/06 CR 04/21/06 0086108 TRIATHLON 80.00
TX_ALLEN 04/21/06 30
5538 07/06 CR 04/21/06 0086109 TRIATHLON 80.00
TX_ALLEN 04/21/06 30
5538 07/06 CR 04/21/06 0086120 TRIATHLON 65.00
TX_ALLEN 04/21/06 30
5415 07/06 CR 04/11/06 0082013 TRIATHLON-GLORIA S 60.00
TX_ALLEN 04/11/06 30
5415 07/06 CR 04/11/06 0082013 TRIATHLON-SAMATHA 60.00
TX_ALLEN 04/11/06 30
5415 07/06 CR 04/11/06 0082013 TRIATHLON=HAROLD S 60.00
TX_ALLEN 04/11/06 30
5415 07/06 CR 04/11/06 0082014 TRIATHLON-RICHARD 80.00
TX_ALLEN 04/11/06 30
5015 06/06 CR 03/31/06 0078998 TRIATHLON 65.00
TX_ALLEN 03/31/06 30
5006 06/06 CR 03/30/06 0077973 TRIATHLON 80.00
TX_ALLEN 03/30/06 30
4977 06/06 CR 03/28/06 0076807 TRIATHLON 80.00
TX_ALLEN 03/28/06 30
4977 06/06 CR 03/28/06 0076827 TRIATHLON 50.00
TX_ALLEN 03/28/06 30
4920 06/06 CR 03/24/06 0075503 TRIATHLON 65.00
TX_ALLEN 03/24/06 30
4959 06/06 CR 03/23/06 0074931 TRIATHLON 65.00
TX_ALLEN 03/23/06 30
4959 06/06 CR 03/23/06 0074932 TRIATHLON 50.00
TX_ALLEN 03/23/06 30
4959 06/06 CR 03/23/06 0074933 TRIATHLON 65.00
TX_ALLEN 03/23/06 30
4959 06/06 CR 03/23/06 0074942 TRIATHLON 65.00
TX_ALLEN 03/23/06 30
4959 06/06 CR 03/23/06 0074951 TRIATHLON 50.00
TX_ALLEN 03/23/06 30
4959 06/06 CR 03/23/06 0074963 TRIATHLON 65.00
TX_ALLEN 03/23/06 30
4959 06/06 CR 03/23/06 0074985 TRIATHLON 65.00
TX_ALLEN 03/23/06 30
4959 06/06 CR 03/23/06 0074993 TRIATHLON 50.00
TX_ALLEN 03/23/06 30
4959 06/06 CR 03/23/06 0075006 TRIATHLON 65.00
PREPARED 08/03/2006, 15:01:06
PROGRAM GM360L
CITY OF LA PORTE
ACCOUNT ACTIVITY LISTING
PAGE 2
ACCOUNTING PERIOD 10/2006
------------------------------------------------------------------------------------------------------------------------------------
GROUP PO ACCTG ----TRANSACTION----
NBR NBR PER. CD DATE NUMBER
DESCRIPTION
YTD/CURRENT
ESTIM/APPROP
YTD/CURRENT
ENCUMBRANCE
TRANSACTION
AMOUNT
CURRENT
BALANCE
------------------------------------------------------------------------------------------------------------------------------------
FUND 037 HOTEL/MOTEL OCCUPANCY
037-0000-202.06-25 PARKS & REC ESCROWS / SAN JACINTO TRIATHLON continued
TX ALLEN 03/23/06 30
4700 06/06 CR 03/20/06 0073694 TRIATHLON ENTRIES 65.00
TX ALLEN 03/20/06 30
4537 06/06 CR 03/14/06 0071405 TRIATHLON 1,520.00
TX ALLEN 03/14/06 30
4276 06/06 CR 03/06/06 0068721 SAN JACINTO TRIATH 65.00
TX ALLEN 03/06/06 30
4180 05/06 CR 02/28/06 0065195 TRIATHLON 65.00
TX ALLEN 02/28/06 30
3857 05/06 CR 02/16/06 0060365 TRIATHLON 455.00
TX ALLEN 02/16/06 30
ACCOUNT TOTAL .00 15,995.00
FUND TOTAL 0 .00 15,995.00 .00
GRAND TOTAL 0 .00 15,995.00 .00
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 25. 2006
Appropriation
Requested By: fiphrll FplI7.pllp
Source of Funds: Community Investment
Department:
Administration
A
Account Number: 036-6061-565-5014
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance 2006-
Amount Requested: $20,000
Exhibits: Ae:reement with The Alliance
Budgeted Item: Yil1S
NO
Exhibits: SprvicP!l Rpport to the City of I ,II Porte
Oct. 1, 2005 - Sept. 30, 2006
Exhibits:
SUMMARY & RECOMMENDATION
The Economic Alliance Houston Port Region has focused their efforts on providing services to the City of La Porte
and other cities/areas along the ship channel. Attached is the Services Report to the City of La Porte from The
Alliance for the past year.
The fee is $20,000/yr payable in two installments, 151 within 30 days of effective date of Agreement and 2nd within
30 days of the semi-annual meeting and first progress report.
The term of the Agreement is changed from 1 year to 36 months (3 years). It includes provisions for termination of
convenience by the City and termination for cause by either the City or The Alliance.
Section 3.01: m. has been added and stating;
The City will be included as a participant in the Alliance's economic development initiative Project Stars,
which focuses upon regional marketing and regional aesthetic improvements within the San Jacinto Texas
Historic District.
We have found The Alliance to be very open, visible and active in providing services that are specific to promoting
regional economic development services. They have met the expectations of the past Agreement and request
approval for this revised agreement.
Action Required bv Council:
Staff recommends approval of Ordinance 2006-_ approving an Agreement with The Alliance to provide
economic development services.
tl--cUJ- ?J0
De
Date
Ordinance No. 2006-,;2.. q 46
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF LAPORTE AND THE ECONOMIC ALLIANCE
HOUSTON PORT REGION, ("CONTRACTOR"), A TEXAS NON-PROFIT
CORPORATION; FOR ECONOMIC DEVELOPMENT SERVICES;
APPROPRIATING NOT TO EXCEED $20,000 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.
*************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAPORTE:
Section 1. The City Council hereby approves and authorized 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 documents. City Council appropriates the sum not to
exceed $20,000 from the City of La Porte Community Investment Fund Account No.
036-6061-565-5014 to fund said contract.
Section 2. The City Council officially finds, determines, recites, and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of
the City Council was posted at a place convenient to the public at the City Hall of
the City for the time required by law preceding this meeting, as required by the
Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting
has been open to the public as required by law at all times during which this
ordinance and the subject matter thereof
1
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 28th day of September 2006.
CITY OF LA PORTE
(\ >. r)-t
~l~ ~/~ \ ~.)~
By:
Alton E. Porter, Mayor
ATTEST:
,
~1A4.tlM
Martha A. tIlett, CIty Secretary
APPROVED:
~ 7: /la4..:, ~ ~w. ~
ox W. Askms, CIty Attorney
2
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested September 25, 2006
Requested By: Robert Swanagan
Appropriation
Source of Funds:
Department:
H'lmaa Re~Q'lrCe~
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Amount Requested:
Exhibits: Recommendations of Chapter 172
SUMMARY & RECOMMENDATION
Approve or deny changes recommended by the Chapter 172 as attached in Exhibit A and Exhibit B and discussed at
the September II, 2006 Council Meeting.
The items you directed to bring back regarding incentive options and medical disability will be on the 10/9/2006
Council agenda as a workshop items.
Action Required bv Council:
Amend personnel policy handbook and approve or deny changes recommended by the Chapter 172 Board.
A
~ - d-{) - ()(,
Date
(
ORDINANCE NO. 2004-2781-C
~D- O\.{ ~
AN ORDINANCE ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE
EMPLOYEE POLICIES HANDBOOK BY AMENDING SECTION 9A, "RETIREE
MEDICAL GOVERAGE"; PROVIDING FOR THE TERMS AND CONDITIONS
OF RETIREE MEDICAL COVERAGE; PROVIDING AN EFFECTIVE DATE OF
SAID AMENDMENT; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City of La Porte Employee Policies Handbook is hereby
amended, by amending Section 9A, "Retiree Medical Coverage", as shown on
Exhibit A attached hereto, incorporated by reference herein, and made a part
hereof for all purposes.
Section 2. If any provisions, section, subsection, sentence, clause, or
phrase of this ordinance or amendment of the City of La Porte Employee Policies
Handbook hereby adopted, or the application of same to any person or set of
circumstances is for any reason held to be unconstitutional, void or invalid, the
validity of the remaining portions of this Ordinance or their application to other
persons or sets of circumstances shall not be affected thereby, it being the intent
of the City Council in adopting this new Ordinance that no portion hereof or
provision or regulation contained herein shall become inoperative or fail by
reason of any constitutionality, voidness or invalidity of any other portion hereof,
and all provisions of this Ordinance are declared to be severable for that
purpose.
Section 3. The City Council officially finds, determines, recites and
declares that a sufficient written notice of the date, hour, place and subject of this
meeting of the City Council 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 4. Except as amended by this ordinance, Section 9A, "Retiree
Medical Coverage", of the City of La Porte Employee Policies Handbook, shall
remain in full force and effect.
Section 5. This Ordinance shall be effective from and after its passage
and approval, and it is so ordered.
Passed and Approved this _ day of
,2006.
CITY OF LA PORTE
By:
Alton E. Porter, Mayor
ATTEST:
Martha Gillet, City Secretary
APPROVED:
~ T -~~~
Clark 1. Askins, Assistant City Attorney
Exhibit A
9 A Retiree Medical Coverage
1. The following persons are eligible for retiree medical coverage:
A. Present retirees of the City of La Porte receiving retirement annuities
as a qualified annuitant under the Texas Municipal Retirement System,
who have retired in accordance with the City of La Porte Employee
Policies Handbook; and were employed by the City of La Porte at the
time of their retirement. Retirees re-employed after retirement from
the City of La Porte that have employer sponsored health care
coverage available through the new employer may not continue health
coverage with the City of La Porte, except for those with 30 years or
more tenure with the City of La Porte. If an employee works 30
years or more with the City of La Porte they may maintain the
City of La Porte sponsored health plan as secondary, which
working for a new employer offering a health Ian 0 tion. All
a licable costs of the plan will still a pI .
. Retirees who are self-
employed are eligible for medical coverage, but occupational illnesses
or injuries shall not be covered. Annual contributions by retirees to
the health plan will be based on current active employee/dependent
rates.
B. City employees who retire from the City of La Porte employment on
or before December 31,2005, as a qualified annuitant under the Texas
Municipal Retirement System; who retire in accordance with the City
of La Porte Employee Policies Handbook; who complete at least 10
years of service with the City of La Porte, and are currently employed
by the City of La Porte at the time of their retirement. Retirees re-
employed after retirement from the City of La Porte that have
employer sponsored health care coverage available through the new
employer may not continue health coverage with the City of La Porte,
except for those with 30 years or more tenure with the City of La
Porte. If an employee works 30 years or more with the City of La
Porte they may maintain the City of La Porte sponsored health
plan as secondary, which working for a new employer offering a
health plan 0 tion. All ap licable costs of the plan will still apply.
and
al
Retirees who are self-employed are eligible for medical
coverage, but occupational illnesses or injuries shall not be covered.
Annual contributions by retirees to the health plan will be based on
current active employee/dependent rates.
C. City employees who retire from City of La Porte employment on or
after January 01,2006 and (1) who have a combination of years of
service with the City of La Porte, plus age, totaling 80; and (2) who
retire as a qualified annuitant under the Texas Municipal Retirement
System; who retire in accordance with the City of La Porte Employee
Policies Handbook; who complete at least 20 years of service with the
City of La Porte, and are currently employed by the City of La Porte at
the time of their retirement. Retirees re-employed after retirement
from the City of La Porte that have employer sponsored health care
coverage available through the new employer may not continue health
coverage with the City of La Porte, except for those with 30 years or
more tenure with the City of La Porte, or for retirees re-employed with
the City of La Porte. If an employee works 30 years or more with the
City of La Porte they may maintain the City of La Porte sponsored
health plan as secondary, while workin for a new employer offering a
health plan option.
. All applicable costs of the Plan will still apply. For
those retirees who are self-employed, occupational illnesses or injuries
shall not be covered. Annual contributions by retirees to the health
plan will be based on a cost schedule determined by years of service,
as established under Section 5, "Premiums", of this chapter.
D. City employees meeting the eligibility requirements for (1) disability
retirement under the Texas Municipal Retirement System Act and (2)
have been declared permanently disabled under the Social Security
Act, and have elected to receive Medicare, Parts A and B, shall be
eligible for medical benefits, which shall be secondary to Medicare
benefits, provided they have worked for the City of La Porte for ten
(10) continuous years at the time of disability determination. Costs
associated with retirement under this tier shall be 75% of the city cost.
2. The retiree and dependent coverage will be primary for those participants not
yet qualified for Medicare. The coverage will be secondary for those retirees
and retirees' dependents who are Medicare eligible. The Retiree and
dependant coverage will be secondary for Retirees with 30 or more years
tenure with the City of La Porte, who have employer sponsored health
coverage available through their new employer, or for retirees
reemployed with the City of La Porte, as hereinabove provided. If a
covered retiree dies, dependents may continue coverage until the earlier of the
date the surviving spouse remarries, obtains group insurance, or becomes
entitled to Medicare, or until any unmarried children financially dependent
upon the covered retiree is 25 years of age. Surviving dependents shall pay
the appropriate contribution toward dependent coverage as established in this
chapter.=.
3. Retirees who work for another employer offering health coverage shall not be
eligible for retiree health coverage from the City after their subsequent
employment ends, regardless of the length of service with the subsequent
employer.
4. Retirees who delay their retirement annuity shall not be eligible for retiree
health coverage from the City.
5. Premiums: The City of La Porte utilizes a self-funded medical plan so there
are no formal premiums paid for health coverage. Each year, during the
budget process, an amount is determined for each employee to cover claims
and administration of the medical fund.
The Total Premium Cost is the Total annual dollar allocated each year by
budget as approved by City Council for the City of La Porte for Health
Insurance for each employee, including employee and employer
contributions.
Costs to the retiree, retiring on or after January 01, 2006, shall be based on a
cost schedule determined by years of service, s
At least 20 years of service Retiree pays 60% of city cost
+ Dependent premiums
At least 21 years of service Retiree pays 55% of city cost
+ Dependent premiums
At least 22 years of service Retiree pays 50% of city cost
+ Dependent premiums
At least 23 years of service Retiree pays 45% of city cost
+ Dependent premiums
At least 24 years of service Retiree pays 40% of city cost
+ Dependent premiums
At least 25 years of service Retiree pays 35% of city cost
+ Dependent premiums
At least 26 years of service Retiree pays 30% of city cost
+ Dependent premiums
At least 27 years of service Retiree pays 25% of city cost
+ Dependent premiums
At least 28 years of service Retiree pays 20% of city cost
+ Dependent premiums
At least 29 years of service Retiree pays 15% of city cost
+ Dependent premiums
At least 30 years of service Retiree pays 10% of city cost
+ Dependent premiums
Eligible dependents include: Your lawful spouse who is legally married to and
living with you; natural children; stepchildren; children who, before reaching the
age of 18, are either adopted by you; or other children for whom you have care,
custody and control under court decree. A dependent child must be unmarried and
rely on you for primary support and maintenance. Dependent children remain
eligible until age 25.
6. Retirees may not add dependents once retired. There are no qualifying events to add
dependents. Dependents may be dropped by written request at any time.
7. Retirees shall pay all required contributions to the City by the 15th of the month of
coverage. One annual statement will be mailed to retirees for selection of payment
plan: annual, bi-annual, quarterly or monthly. Failure to pay the required contribution
will result in termination of the member's participation in the City of La Porte
sponsored health plan. Payment delayed beyond 60 days will initiate COBRA
notification for continuation of health coverage once the member is terminated from
the Plan.
CVhlbl-)B
CHAPTER 172 EMPLOYEE RETIREE INSURANCE AND BENEFITS BOARD
RECOMMENDATIONS TO CITY COUNCIL FROM THURSDAY, AUGUST 10,
2006 MEETING:
1. Recommends that Flexible Spending Accounts with the Debit Cards be added to
our plan.
2. We do. not recommend the Individual Child Premium Load. We could make a 5th
tier in a 4 tier structure with specific language that says dependent children can
remain on the insurance to age 25 if they are a student and not married.
3. We do not recommend the 10% Cost Savings with Plan Design Changes
4. Recommends a one-time deferral at the discretion of the Retiree with a spousal
provision as outlined in COBRA. Which is: If a Retiree is carrying their spouse at
retirement then the spouse could re-enter when the retiree re-enters.
5. Recommends that Retiree OverlUnder 65 Calculation not be used and
remain as it is.
6. Recommends both Incentive Plans as potential Recruitment Incentives with the
City Council determining which one it wants to adopt, or a combination of both.
7. Recommends the current method of making the Retiree Calculations continue
with clarification of language regarding City budgeted cost and that the coverage
% discount amount applies only for retirees, not dependents. Also, the proposed
Calculator that Neal is developing be implemented to allow any employee to be
able to get an estimate of their insurance cost and their dependents cost at the
current year budgeted City cost and for one additional year.
City of La Porte
EMPLOYEE POLICIES HANDBOOK
Effective January 1, 2004
(9-25-06)
CONTENTS
I. General Provisions
1. Introduction 4
2. Equal Employment Opportunity 5
3. Policy Against Harassment 5
4. Applicability 6
5. Definitions 6
II. Employment and Appointments
1. PROMOTIONS 8
2. TEMPORARY PROMOTIONS 8
3. TRANSFERS 8
4. ADMINISTRATIVE TRANSFERS 9
5. LATERAL TRANSFERS-INTER DEPARTMENTAL 9
6. LATERAL TRANSFERS - INTRA DEPARTMENTAL 9
7. VOLUNTARY DEMOTIONS 9
8. INVOLUNTARY DEMOTIONS 10
9. ApPOINTMENTS 10
10. EMERGENCY TEMPORARY ApPOINTMENTS 11
11. BENEFITS 11
12. INTRODUCTORY EMPLOYMENT PERIOD 11
13. NEPOTISM 11
14. RESIDENCE 12
III. Compensation and Benefits
1. POSITION CLASSIFICATIONS 13
2. SALARY ADMINISTRATION 13
3. METHOD OF PAYMENT 13
4. SEPARATION PAY 13
5. OVERTIME PAY 13
6. STANDBY PAY 14
7. LONGEVITY PAY 14
8. JURY DuTY 15
9. RETIREMENT 15
10. CERTIFICATION PAY 15
11. EDUCATION REIMBURSEMENT 15
12. Emergency Pay Policies 16
IV. Leaves and Absence
1. Hours of Work 21
2. Attendance 22
Employee Policies Handbook/Page 2
3. Excused Absence 22
4. Unexcused Absence 22
5. Repeated Unexcused Absences 23
6. Holidays 23
7. Vacation Leave 24
8. Sick Leave 25
9. Military Leave 26
10. Bereavement Leave 27
11. Administrative Leave 27
12. Leave Without Pay 27
13. FMLA Leave 27
14. ABSENCE IN EXCESS OF 120 CALENDAR DAYS 30
V. Regulations and Conduct
1. Standards of Job Performance and Conduct 31
2. Work Standards 31
3. Misconduct 31
4. Personal Appearance 32
5. Employee Financial Obligations 32
6. Operation of City Owned Vehicles and Equipment 32
7. Outside Employment 32
8. Use of City Property 33
9. Smoking 33
10. Drugs and Alcohol 33
VI. Discipline, Reviews, and Complaints
1. Discipline 34
2. Employee Complaints 37
3. Texas Whistle Blowers Act 37
VII. Non-Disciplinary Termination
1. Voluntary Termination 38
2. Inability to Perform Job 38
3. Termination due to Reorganization or Economics 38
VIII. Personnel Records and Searches
1. Personnel Files 39
2. Searches 39
IX. Retiree Medical Coverage 39
Employee Policies Handbook/Page 3
I. GENERAL PROVISIONS
1. Introduction
This Employee Policies Handbook is intended to give you information about the
main features of the City of La Porte's employment policies, benefits and certain
other general information. It does not and is not intended to cover all these
matters in detail.
The policies contained in the Employee Policies Handbook are not intended to
create, nor are they to be construed to constitute, a contract between the City of
La Porte and its employees. Nothing contained in these policies shall create an
entitlement to, or property interest in, continued employment with the City.
This policy manual supersedes any and all previous personnel policy manuals
approved or utilized by the City of La Porte and becomes effective January 1,
2004.
Department or division regulations or procedures relating to employment matters
that were adopted prior to the date of these policies remain in effect, to the extent
they are not in conflict with these policies. After the date of the adoption of these
policies, City departments or divisions may adopt, delete, or modify written
procedures relating to employment matters that are needed for the efficient
operation of the department or division if not in conflict with the policies contained
in the Employee Policies Handbook.
The City Manager is vested with the general authority and responsibility for the
conduct and administration of municipal affairs. This authority does not
supersede matters of appointment reserved to the City Council by City Charter
provisions. The City Manager, or designated appointee, is responsible for
appointments to all positions and the establishment and maintenance of
standards of efficiency. Final authority in the form of review and approval is
reserved by the City Manager with regard to all matters of subjects covered by
these policies.
This policy manual is not intended to be the only source of City information.
From time to time, you will receive additional information from your Department
Director, Supervisor, and from other City publication programs.
While every effort is made to make this policy manual comprehensive, it is not
possible to include all details and possible exceptions to general rules. In that
regard this policy manual is a guide, and not a binding legal document. The City
of La Porte reserves the right to modify, revoke, suspend, terminate, or change
any or all such policies and practices, in whole or in part, at any time, with or
without notice.
Employee Policies Handbook/Page 4
2. Equal Employment Opportunity
It is the City's policy to provide equal employment opportunities for all applicants
and employees. The City does not unlawfully discriminate on the basis of race,
color, religion, sex, national origin, ancestry, age, disability, or veteran status.
This policy applies to all areas of employment including recruitment, hiring,
training, promotion, retention, compensation, benefits, transfer, and discipline.
Any incident of discrimination should be reported to the employee's supervisor,
division manager, department director, or human resources. Human Resources
is responsible for investigating the matter.
3. Policy Against Harassment
The City is committed to providing a workplace free of sexual harassment or
harassment based upon race, color, religion, national origin, ancestry, age,
disability, or veteran status. The City strongly disapproves of and will not tolerate
harassment of employees by managers, supervisors, or co-workers. The City
will also attempt to protect employees from harassment in the workplace from
persons who are not employees.
Harassment includes any conduct that creates an intimidating, offensive, or
hostile working environment or that interferes with work performance. Some
examples include racial slurs, ethnic jokes, posting of offensive statements,
posters or cartoons, and similar conduct. Sexual harassment includes
solicitation of sexual favors and unwelcome sexual advances or other
unwelcome conduct of a sexual nature.
An employee should report any incident of harassment, including work-related
harassment by any City employee or any other person, promptly to the
employee's supervisor, division manager, department director, or human
resources. Human Resources is responsible for investigating the matter.
Supervisors, division managers, or department directors who receive complaints,
notification, or who observe harassing conduct must inform Human Resources
immediately. An employee is not required to notify or complain first to the
employee's supervisor if the employee feels uncomfortable doing so (for
example, if the supervisor is the individual who is harassing the employee).
However, the employee must report the complaint to a supervisory employee
including supervisors, division managers or department directors, OR to Human
Resources. Complaints to co-workers do not provide the City adequate notice to
properly investigate complaints.
Every complaint or notification of harassment that is reported to Human
Resources will be investigated thoroughly, promptly, and in as confidential a
manner as possible.
Employee Policies Handbook/Page 5
The City will discipline any employee found to have violated this policy.
Disciplinary action can range from a verbal or written warning up to and including
termination. If harassment by customers or vendors occurs, corrective action will
be taken following consultation with the appropriate management personnel.
4. Applicability
These personnel policies shall apply to all City employees except where these
policies may be in conflict with federal, state, or local legislation. Supplemental
rules for all City departments may be developed within the respective
departments so long as these departmental policies do not conflict with City
personnel policies and procedures. These policies relate only to matters of
personnel management and do not include any departmental procedures,
standard practices, standing orders or other technical matters.
The City of La Porte Civil Service Commission regulates all classified Civil
Service personnel in the Police Department and shall apply in case of any
conflict with the City of La Porte Employee Policies Handbook. Where Civil
Service policies are silent, the City of La Porte Personnel Policies apply.
5. Definitions
The words and terms used in this Employee Policies Handbook shall cover the
following meanings, unless the context clearly indicates otherwise.
ABSENCE - Not at the assigned workstation during a scheduled time
ABSENCE WITHOUT LEAVE - When an employee fails to report for work or to
remain at work without proper notification, authorization, or excuse
ABSENTEEISM - The frequent or periodic practice of not being present for work
ANNIVERSARY DATE - The employee's date of hire or most recent promotion
date
CERTIFICATION PAY - Additional compensation for acquired skills in
accordance with approved departmental certification programs
CONFIDENTIAL EMPLOYEE INFORMATION - Employee records, documents,
pay documents, etc. that are maintained by the City that will not be released
without proper required documentation
DEMOTION - A demotion is the assignment of employees from their current
grade level to a grade level having a lower maximum salary
Employee Policies Handbook/Page 6
DISCIPLINARY ACTION - Any process taken to correct inappropriate employee
behavior ranging from verbal reprimand up to and including termination
HOLIDAY PAY - A set number of paid holidays each year, approved by the City
Manager
INTRODUCTORY EMPLOYMENT PERIOD - A designated period of time
following an appointment, reinstatement, promotion, demotion, or transfer in a
City position, during which time an employee is not eligible to dispute termination
NEPOTISM - Family relationships to the employee based upon consanguinity
(blood relatives) or affinity (relatives through marriage)
PAY FOR PERFORMANCE (PFP) DATE - The date employees are eligible for
Pay for Performance Increases
PROMOTION - The assignment of an employee from one grade level to another
grade level having a higher maximum salary. Temporary promotions can occur
for business necessity
QUALIFIED - Having the minimum education, experience, and skills required to
hold a certain position
SPECIAL AWARD DAY - A day off with pay for an employee receiving a special
award designated by the City
SUSPENSION - A disciplinary action in which the employee is restricted from
working and receiving pay for a specified period of time
TEMPORARY EMPLOYEE - Non-permanent employees hired for a specified
period of time
Employee Policies Handbook/Page 7
II. EMPLOYMENT AND APPOINTMENTS
I. Promotions
The City will attempt to provide promotional opportunities to existing employees,
when possible. A selection process may be limited to qualified City employees,
or such employees may be given preference in application or consideration.
Opportunities for promotion across organizational lines shall also be possible,
contingent on business necessities at the time. All promoted employees shall
serve a 6-month Introductory Employment Period in the new position.
The following procedures apply to promotions:
1. Departments notify Human Resources of all existing and anticipated
vacancies
2. Human Resources posts the vacancies by sending job announcements to
posting sites located throughout the City
3. Job announcements shall be posted and remain open for a minimum of 3
working days
4. All applications must be received and processed through Human
Resources in order to be considered
When, in the course of the normal budget process, a currently filled position will
no longer exist, but will be replaced with a position having a higher classification,
the employee in the former position may be promoted to the new grade level
without the formal hiring process.
2. Temporary Promotions
The City Manager may authorize a temporary promotion if a position is vacant or
its regular incumbent is absent. Temporary promotions are for a specific period
of time as determined by the City Manager. Employees temporarily promoted
may be additionally compensated for the duration of their temporary assignments
according to the promotional grade level. (Ref. City policies Compensation for
Temporary Assignments, and Salary Administration of the Personnel Policy
approved by Council as subsequently amended).
Employees temporarily promoted shall not acquire any status or rights in the
class to which they are temporarily assigned.
3. Transfers
The City will attempt to transfer employees wishing to transfer when it does not
adversely affect the City's interests or the interests of other employees.
Employee Policies Handbook/Page 8
The following terms shall govern all transfers:
1. A 6-month Introductory Employment Period shall be served in the new
position.
2. If the employee is not satisfied in any way during the introductory period,
the employee may request a transfer back to the former position, providing
it has not been filled and the affected Department Directors and Human
Resources approve the return to the former position.
3. Should the employee fail to meet the Introductory Employment Period and
their former position is no longer vacant, the employee may be separated
from the City's service.
4. Administrative Transfers
An administrative transfer is an assignment of an employee from one position to
another not involving promotion or demotion. A transfer may be for
administrative convenience or upon request of the employee, provided the
employee is qualified for the position. Transfers between grade levels or
between departments shall become effective following recommendation by
Human Resources and approval by the City Manager.
5. Lateral Transfers - Inter Departmental
A lateral transfer is the transfer of an employee between two departments and
within the same grade level, provided the employee is qualified for the position.
6. Lateral Transfers - Intra Departmental
Nothing within this section shall prevent a Department Director from transferring
an employee within the department to another position within the same
department, provided the new position is a lateral move (comparable job
description and pay grade level).
Administrative, Interdepartmental, and intradepartmental lateral transfers shall
abide by the same terms as above, excluding the 6-month introductory period,
and do not require a posting of the job opportunity announcement.
7. Voluntary Demotions
Voluntary Demotions require the approval of the Department Director, the Human
Resources Manager, and the City Manager, and will be considered only if they
are in the best interest of the City. If approved, employees may be
administratively demoted at their own request, or as an alternative to layoff.
Such demotions shall not be considered disciplinary actions or disqualify the
Employee Policies Handbook/Page 9
employee involved from consideration for future advancement. Demotions
resulting from alternatives to layoffs may be fully or partially rescinded at any
time. Demoted employees shall successfully complete a 6-month introductory
period, but will not be eligible for a salary adjustment until one-year from date of
demotion.
8. Involuntary Demotions
Involuntary Demotions require the approval of the Department Director, Human
Resources, and the City Manager. This action may be taken for disciplinary
purposes. An employee involuntarily demoted shall not be disqualified from
consideration for future advancement.
9. Appointments
The purpose of categorizing positions within the City service is to designate the
nature of the position's work routine as well as to clarify the eligibility of benefits
provided to the particular type of position.
There are two types of appointments: Regular and Temporary. Regular
appointments are further divided into:
Regular Employees
1. Regular full-time employees are those who work a minimum of 40 hours
per week, or 53 hours per week for 24-hour shift personnel, but are not
employed for only a specific period of time or for a special job task or
project.
2. Regular part-time employees are those who work less than 40 hours per
week on a regular basis. Regular part-time employees in the 24-hour shift
job class may work over 40 hours per week, but less than 53 hours per
week.
Temporary Employees
1. Temporary full-time employees are those who work a minimum of 40
hours per week, or 53 hours per week for 24-hour shift personnel, but are
employed only for a specific period of time or for a special job task or
project.
2. Temporary part-time employees are those who work less than 40 hours
per week, or less than 53 hours per week for 24-hour shift personnel, for a
specified period of time or for a special job task or project.
Employee Policies Handbook/Page 10
10. Emergency Temporary Appointments
During an emergency, if City employees are unable to provide the necessary
services, the City Manager may immediately fill positions without regard to
normal selection and appointment methods. Such appointments shall be for
periods not to exceed 30 working days. Persons receiving emergency temporary
appointments are not eligible for benefits other than worker's compensation
coverage.
11. Benefits
Regular full-time employees are eligible to receive the full scope and level of
benefits offered by the City.
Regular part-time employees are not eligible to receive any benefits other than
worker's compensation coverage.
Temporary employees, whether full-time, part-time or emergency temporary
appointments, are not eligible to receive any benefits other than workers'
compensation coverage.
12. Introductory Employment Period
Department Directors and supervisors shall use the 6-month (1-year for Civil
Service) Introductory Employment Period to closely observe and evaluate the
employee and if necessary recommend corrective actions to better fulfill the
expectations of the job description. Only those employees who maintain
acceptable work performance during their introductory periods shall be retained.
The City's Review of Disciplinary Action Policy does not apply to anyone
terminated during the introductory employment period.
An introductory employee's employment period may be extended up to an
additional 60 days. Any introductory employment extensions must have the City
Manager's approval prior to any action being taken.
13 Nepotism
No person related, within the second degree affinity, or within the third degree by
consanguinity, to the Mayor or any Councilperson or to the City Manager shall be
employed or appointed to any office, position, or clerkship of the City. This
prohibition shall not apply, however, to any person who shall have been
employed for 6 months or more by the City at the time of the election or
appointment of the officer to whom he or she is related. (City Charter Provision
8.02, subsection c., as amended by Texas Government Code, Section 573.062,
subsection [a] [8]).
Employee Policies Handbook/Page 11
Second degree of affinity includes spouse (including unmarried domestic
partners), stepchildren, spouse's grand children, mother-in law, father-in-law,
brother-in-law, sister-in-law, spouse's grand parents.
Third degree of consanguinity includes children, grand children, great grand
children, parents, brother, sister, nephews, nieces, grand parents, uncles, aunts,
great grand parents.
An applicant may not be hired as a full-time or part-time regular employee in any
department if that department already employs a person who is within the second
degree of affinity or third degree of consanguinity of the applicant.
If an employee becomes within the second degree of affinity or third degree of
consanguinity of another employee who works in the same department, neither
employee may be promoted to any position that has any supervision or authority
over the other either directly or through the chain of command.
No employee may supervise or be supervised by a person who is within the
second degree of affinity or third degree of consanguinity. Two or more
employees within the second degree of affinity or third degree of consanguinity
may not report to the same supervisor.
In the event two City employees are in violation of the nepotism policy, both
employees shall be consulted and the two employees, jointly, shall make the
decision as to which one shall leave City employment. In such cases where the
two employees cannot reach agreement within 10 days of written notice, the City
Manager shall make the decision to which one shall leave City employment,
which decision shall be binding and final.
14. Residence
There shall be no absolute requirement of residence for City employment except
as may be required by law or City Charter. Employees who may be subject to
emergency call and/or periodic service in a stand by status may be required to
establish residency within a reasonable distance from the principle work site, to
assure a timely response, as determined by each departmental rules and
policies.
Employee Policies Handbook/Page 12
III. COMPENSATION & BENEFITS
1. Position Classifications
All City positions are classified as either exempt or nonexempt, and paid in
accordance with the Fair Labor Standards Act.
2. Salary Administration
The City may have one or more salary schedules that correspond with the
position classification plan. All salary schedules shall be administered in
accordance with the City policy Salary Administration of the Personnel Policy
approved by Council as subsequently amended.
3. Method of Payment
Employees shall receive a bi-weekly paycheck. The paycheck will ordinarily
cover the preceding pay period. A pay period is completed every 2 weeks and
ends the Sunday prior to the next Friday payday.
If a payday falls on a holiday, paychecks will be issued the last business day
prior to the holiday.
Employees may receive a paycheck 1 day early in accordance with procedures
issued by the Director of Finance.
Paychecks may be given to someone other than the employee if the employee
provides proper notification to the representative responsible for check
distribution.
4. Separation Pay
Employees who terminate employment with the City in accordance with the Exit
Interview Procedures issued by Human Resources will be paid accrued benefits
and will be paid in accordance with Article 5155 of the Revised Civil Statutes of
Texas.
Any employee who does not return City issued property will have the cost of the
City's property deducted from the final paycheck.
5. Overtime Pay
Employees shall work overtime hours only when-necessary and not without prior
approval of their Department Director. Overtime hours are computed at the rate
of one and one-half times the regular hourly rate of pay. The City follows the Fair
Labor Standards Act (FLSA) in administering overtime pay.
Employee Policies Handbook/Page 13
Under the Fair Labor Standards Act and amendments of 1985, the City of La
Porte has elected to utilize exception 7(k) and has established a 28-day work
cycle for its Firefighters who regularly work 24-hour shifts. The recognized
average workweek for these employees is 53 hours. For 24-hour Firefighter shift
personnel, the workweek shall begin and end at the start of the first work shift
after the first Sunday midnight in the 28-day work cycle.
Calculation of overtime pay for 24-hour Firefighter shift personnel shall be based
on the number of hours worked over 212 in a 28-day work cycle. Overtime pay
will be calculated and employees compensated for hours worked over 212 at the
conclusion of the 28-day cycle or every other payday.
Hours worked is defined for all personnel to mean hours of physical presence at
a job site.
When an overtime eligible employee who is on scheduled time off is required to
work unscheduled hours during the same work week as the scheduled time off,
the scheduled time off will be counted as "hours worked" thereby allowing the
employee to be eligible for overtime pay. For purposes of this policy, scheduled
time off is:
1. Approved holiday leave
2. Jury duty
3. Military leave
4. Vacation
6. Standby Pay
Employees who are required to be on standby duty shall be compensated at a
predetermined rate of pay while on standby status. Employees scheduled for
standby duty must be able to be at the work site within 1 hour of the call to work.
Employees who work overtime during their assigned standby duty period shall be
paid at one and one-half times their regular basic hourly pay rate in accordance
with FLSA, as well as the predetermined standby duty pay rate.
Standby pay shall not be paid to any employee:
1. Who is placed on standby due to emergency situations such as hurricanes
and floods
2. Who is placed on standby while awaiting court proceedings
7. Longevity Pay
Longevity pay is a benefit for length of continuous regular full-time employment
with the City. On the first of December each year all regular full-time employees
Employee Policies Handbook/Page 14
who have completed one full year's service with the City, will be paid this benefit.
The benefit is calculated on the basis of the number of months of continuous
service, not to exceed 300 months, at the rate established by the City Council.
8. Jury Duty
Employees shall be granted leave of absence from regular work hours when
called for jury service. This authorized absence is for the duration of the
scheduled jury service only. Employees who miss regularly scheduled work
hours due to jury service shall return to work upon completion of daily jury
service, provided there are regular work hours remaining. Employees on
authorized leave for jury service shall receive compensation at their regular pay
rate, in addition to any pay received for jury service. Documented jury service
slips must be furnished to the Department Director in order for the absence to be
authorized.
9. Retirement
All regular full-time employees are required to participate in the Texas Municipal
Retirement System. The provisions of the retirement program are covered in the
TMRS Handbook, available in Human Resources.
10. Certification Pay
Departments with an approved certification pay program shall administer
certification pay. The City Manager has the final authority for approving or
disapproving departmental certification programs.
11. Education Reimbursement
It is the City's policy to provide education reimbursement in order to help
employees develop current and potential future job skills. The Education
Reimbursement Policy and Procedures are maintained and administered by
Human Resources. Highlights of the policy include, but are not limited to:
1. Only regular full-time employees are eligible
2. Employees must attend courses during off-duty hours and will not be
compensated for their course work as hours worked
3. The course(s) must be directly related to the employee's job, and must be
approved prior to registration by the Department Director and Human
Resources
Employee Policies Handbook/Page 15
4. The City will reimburse the employee's cost of tuition, lab fees, books,
valid campus parking fees, and building uses fees. The employee must
receive a passing grade of C or above in order to receive reimbursement.
5. The City will not reimburse courses covered by Veteran or other
educational assistance programs, nor does it cover any incidental
expenses such as deposits, supplies, or other personal expenses.
6. The City may prepay continuing education courses required through
established goals and objectives on an employee's evaluation, with
approval by the Department Director. A certificate of completion shall be
required and shall be turned in to the Human Resources Division for
placement in the employee's file. Any employee who does not complete a
prepaid course, or does not submit a certificate of completion, shall be
excluded from any future prepaid options.
12
EMERGENCY PAY POLICIES
POLICY
When an emergency imvacts City employees' work schedules and status during
emergency conditions and a "state of emergency" has been declared by the Mavor. the
City Manager may grant emergency administrative leave with pay and/or after the
occurrence of a disaster. whether natural or man-made.
If it is determined that a civil emergency condition exists, including, but not limited
to, riots, civil disorders, severe weather or hurricane conditions, other natural
disasters, chemical incidents, or similar conditions, the City Manager may
suspend all provisions of the City of La Porte's Employee Policies Handbook that
may be in conflict with this section.
Scope
This practice applies to all non-exempt and exempt employees, and includes civil
service personnel.
DECLARATION OF EMERGENCY
Notification of State of Emergency: When a state of emergency is imminent or
has been declared, the City Manager or designated supervisor will notify all
employees through department directors or managers of such declaration.
EMERGENCY PERIODS
Employee Policies Handbook/Page 16
Pre-Impact Period This is the time period prior to the impending disaster and
includes emergency response activities and preventive measures by the City of
La Porte's departments in preparing for the impending emergency. This period
begins when the City Emergency Operations Center or the City Manager
declares an emergency is imminent.
Emeraency Period This is the time period during which emergency response
activities and restoration of critical services are conducted to protect life and
property, and most other regular City services are suspended. This period
begins when the City is closed for normal business and ends when the City
Manager declares it safe for all employees to return to work.
Post Impact/Recovery Period This is the time period during which activities
are conducted to restore the City's infrastructure and services to pre-disaster
conditions. This period begins when the City Manager declares it safe for all
employees to return to work, and ends when the City Manager declares the
period is over.
Emeraency Administrative leavelGeneral Provisions
No one is excused from work until the City Manager, through the department
directors, authorizes employees to leave, even if a public announcement of office
closures or suspension of services is issued. Employees must return to work as
soon as an emergency is over to participate in the Post Impact/Recovery Period.
Employees dismissed from work during an emergency will be on emergency
administrative leave pursuant to this policy.
Said leave will start when the employee is dismissed by his/her Department
director and will continue until the City Manager declares that it is safe for all
employees to return to work.
Employee Responsibilities: Employees are expected to return to work on their
next scheduled day or shift following the City Manger's declaration. If an
employee fails to show up for work or cannot show up for other reasons then the
time lost will be Leave of Absence Without Pay, unless other paid leave
(vacation, sick, etc.) had been or is approved.
Employees Safety
The City of La Porte recognizes that all "Essential" employees have personal and
family responsibilities that may conflict with the obligation to fulfill their job
requirements during hazardous weather or state of local emergency. When
evacuation of personal residences is required, employees will be permitted and
expected to make arrangements for their families like any other citizen, including
Employee Policies Handbook/Page 17
the use of authorized shelters. Employees who are not able to return to work due to
unavoidable or unsafe conditions related to the emergency (for instance, they have
evacuated the area and are unable to return, or they are unable to leave their
residence to return to work at City facilities due to impassable roadways, etc.) must
contact their department director or designated supervisor as soon as possible and
utilize appropriate leave time. During a state of emergency, any unauthorized
absence from work or assignment may be considered sufficient cause for
discharge.
EMPLOYEE STATUS
Prior to a declaration of a civil emergency. Devartment Directors shall. designate
"Emergencv Essential" and "Emergencv Non-Essential" personnel. All personnel shall
be advised of their status as of January 1st each year. Individual employee status may
change. as the needs of the City change during the civil emergency. or at the discretion of
the Devartment director.
"EmerJ!encv Non-Essential" - After a needs assessment is made. some employees may
be temporarily dismissed from work. concurrently or successive Iv. as determined bv the
emergency need and the devartment or function and those will be designated as
"Emergencv Non-Essential." Thev will be placed on emergency Paid Administrative
Leave vursuant to this volicv.
"Emergency Essential" - Each department director is responsible for
identifying those employees who will be required to remain or respond in the
event of emergency conditions and those employees will be designated as
"Emergency Essential." "Emergency-Essential" employees may be required to
be available immediately before (Pre-Impact), during (Emergency)-e.g., those
within the Emergency Operations Center-and/or after the disaster or emergency
condition (Post-Impact/Recovery) to perform duties directly related to the
emergency conditions, as determined by City.
"Post-ImoactJRecoverv Assilmed" - Post-emerf!encv. all City emvlovees are considered
Post-Imvact/Recoverv Assigned employees. All City emvlovees are to return to work
after the City Manager declares it is safe to do so. After the return to work. some
emvlovees may be further identified as "Essential Recoverv." while others may be
temvorarilv excused trom work. The City Manager and each devartment or function is
responsible for identirying those emvlovees who are essential to the quick restoration of
critical services to the community. These employees designated as "Essential Recoverv"
employees are required to work during periods after the emergency when other
employees may be dismissed or on authorized leave. Notwithstanding. an "Essential
Recoverv" employee will be allowed reasonable emergency paid administrative leave to
Employee Policies Handbook/Page 18
secure the emvlovee 's home and familv and attend to immediate personal needs resulting
from the emergencv.
Emerl!encv DUN Assil!nment: In the event of an emerJ!encv. the City ManaJ!er mav
assign emvlovees to anv duty to the extent that the City is not in violation of anv State or
Federal Law. This includes emvlovees of one devartment serving in an emergencv
cavacitv for anv other devartment or function as assigned
COMPENSATION FOR HOURS WORKED DURING A DECLARED STATE OF
EMERGENCY
1. During declared emergency status, at the director's/supervisor' approval exempt-
status employee(s) may accrue compensatory time up to 40 hours. After the 40
hours are exhausted, the exempt-status employee(s) base salary will be computed
to arrive at an hourly rate; then the City will pay the exempt-status employee(s) 1
1/2times their base hourly rate.
2. During the Emergency Period, employees released from work or who are not
required to report to work due to the emergency event shall receive pay for their
normally scheduled workday. These hours shall count as "time worked" for the
purpose of computing overtime for non-exempt employees and shall be clearly
noted on the time sheet with the appropriate emergency coding as designated by
the Finance Department.
3. During the Emergency Period non-exempt Emergency Essential personnel
(hourly, overtime eligible) employees shall be paid at a rate of two times (2x)
base straight pay for normally scheduled hours and for all hours worked outside
their regular scheduled work hours during the declared emergency conditions,
when other employees are allowed administrative leave, until the City Manager
declares that it is safe for all employees to return to work. After such time, the
employee will be paid according to the normal pay policy.
4. During the Emergency Period and Post Impact/Recovery period, exempt
employees shall be compensated by receiving pay for all time worked in excess
of forty (40) hours in each work week during the declared emergency/disaster and
Impact/Recovery period. The rate of pay for such additional hours worked shall
be equivalent to the exempt employee's hourly rate of pay computed as if the
employee was not paid on a salary basis. The additional compensation shall be in
addition to the employee's regular salary. Each department will provide the
appropriate forms for exempt employees to document their hours worked.
Nothing herein shall be construed to affect the exempt status of such employees.
5. Employees who are out on prior-approved leave or who called in sick during any
of the three periods will continue to be charged for such leave.
Employee Policies Handbook/Page 19
6. All other policies concerning remuneration shall comply with the City of La
Porte's Employee Policies Handbook and the Fair Labor Standard Act.
7. At the director's discretion, previously approved leave, vacation etc.,
may be cancelled when a state of emergency is imminent or
declared.
FOR THOSE PERSONS DESIGNATED AS ESSENTIAL
How do you pay for each period?
Regular Pay practices up to 4 hours administrative leave. Pre-Impact Period
Non-Exempt -2x for all scheduled hours Emergency Period
1.5x for all hours outside schedule. Emergency Period
Exempt-1 x for all hours40+ Post Impact! Recovery Period
Non-Exempt-Regular Practices Post Impact! Recovery Period
Exempt-1x for all hours 40+Post Impact! Recovery Period
How do you pay if on Pre-approved Leave?
Continue to charge leave Pre-Impact Period
Continue to charge leave Emergency Period
Continue to charge leave Post Impact! Recovery Period
How do you pay if on a regular day off?
No extra pay Pre-Impact Period
No extra pay Emergency Period
No extra pay Post Impact! Recovery Period
When do you require the Employee to use leave?
Must take paid leave or LWOP if absent Pre-Impact Period
Administrative Leave Emergency Period
Must take a paid leave or LWOP if absent Post Impact! Recovery Period
FOR THOSE PERSONS NOT DESIGNATED AS ESSENTIAL
How do you pay for each Period if Employee works?
Employee Policies Handbook/Page 20
Regular Pay practices up to 4 hour administrative leave Pre-Impact Period
Non-Exempt-2x for all scheduled hours 1.5x for all hours outside scheduled
Emergency Period
Exempt-1x for all hours 40+ Emergency Period
No-Exempt-Regular Practices Post Impact! Recovery Period
How do you pay if on Pre-approved leave?
Continue to charge leave Pre-Impact Period
Continue to charge leave Emergency Period
Continue to charge leave Post Impact! Recovery Period
How do you pay if on a regular day off?
No extra pay PIP Pre-Impact Period
No extra pay Emergency Period
No extra pay Post Impact! Recovery Period
When do you require the Employee to use leave?
Must take a paid leave or LWOP if absent Pre-Impact Period
Administrative leave Emergency Period
Must take paid leave or LWOL if absent Pre-Impact Period
IV. LEAVES AND ABSENCE
1. Hours of Work
Regular business hours are 8:00 a.m. to 5:00 p.m. Monday through Friday.
Supervisors shall implement work schedules, breaks, and lunch schedules to
accomplish the requirements of their departments and divisions. Individual
employees may be scheduled to work special hours or shifts.
Employee Policies Handbook/Page 21
2. Attendance
Employees shall be required to be at their places of work in accordance with this
policy and their departmental regulations. An employee who fails to report for
duty, is habitually tardy, leaves the workplace without proper authorization, or
misuses leave is subject to disciplinary action up to and including termination.
All departments shall maintain daily attendance records.
3. Excused Absence
Examples of excused absences include: paid sick leave, vacation, holidays, jury
duty, bereavement leave, and injury leave.
To be eligible for an excused absence of sick leave, employees must contact
their supervisor no later than 15 minutes after the start of their regularly
scheduled starting time, unless superseded by departmental rules. Other
excusable leaves of absence shall be pre-approved by the Department Director
according to department regulations.
Employees must provide their supervisor with the reason for the absence and the
date and time the employee expects to return to work. The supervisor may
waive the 15-minute provision due to extenuating circumstances.
In order for the absence to be considered excused, an employee may be
required to furnish a doctor or hospital statement to the supervisor verifying an
illness or accident and medically releasing the employee from any of the
following circumstances:
1. When an illness or accident caused the employee to be hospitalized.
2. When the absence was for more than 3 consecutive workdays. Twenty-
four hour shift personnel may be required to submit said medical
statement if absence exceeded 2 consecutive workdays.
3. When the absence occurred on a regularly scheduled workday preceding
or following a holiday or regularly scheduled vacation day.
4. When the employee's return to work will pose a direct threat to the safety
or health of others.
5. When an employee is under the physical report status provision of the sick
leave policy.
4. Unexcused Absence
Employee Policies Handbook/Page 22
Unexcused absence may be defined as follows. This list is not intended to be all-
inclusive:
1. Tardiness
2. Unverified sick time
3. Unauthorized time off
4. Failure to call supervisor within fifteen minutes after the start of the
employee's scheduled work time.
5. Repeated Unexcused Absences
Employees repeatedly incurring unexcused absences shall be subject to
disciplinary action up to and including termination.
Unexcused absences from work for a period of 3 full consecutive working days
shall be considered as a voluntary resignation. Twenty-four hour shift personnel
with unexcused absences of 2 consecutive shifts shall be considered as a
voluntary resignation.
6. Holidays
The following is a list of approved holidays:
New Year's Day
Good Friday
Memorial Day
I ndependence Day
Labor Day
Thanksgiving
Christmas Eve
Christmas Day
Employee Discretionary Day
January 1
Friday before Easter
Last Monday in May
July4
First Monday in September
Fourth Thursday & Friday in November
December 24
December 25
Designated by Employee
If an official City holiday occurs on a Saturday, it will be observed on the Friday
before. If an official City holiday occurs on a Sunday, it will be observed on the
Monday after.
Shift personnel will observe official City holidays on the actual day of observance.
Regular full-time employees will be paid one workday's pay for each holiday. To
be eligible for holiday pay, the employee must work the scheduled workdays
preceding and following the holiday unless the Department Director approves an
excused absence.
Employees scheduled to work on a holiday, and who fail to work as scheduled,
without an excused absence, will not be eligible for holiday pay. An employee
Employee Policies Handbook/Page 23
required to work on a holiday will receive the holiday pay plus the overtime rate
of one half times the regular rate of pay for hours worked.
Official City holidays shall be considered the same number of hours as an
employee's regular workday.
7. Vacation Leave
The following applies for vacation leave:
1. Regular full-time employees accrue vacation leave each pay period.
2. Vacation leave shall be scheduled with the employee's supervisor as far in
advance as possible. Use of vacation leave shall be at the convenience of
the employee. However, vacation leave will not be allowed to interfere
with the normal functions of City operations. Should there be a conflict
between one or more employees regarding the dates of vacation leaves,
preference may be given to the employee with the longest length of
service with the City.
3. Vacation leave is accrued as follows:
Employees whose regularly scheduled workweek is 40 hours:
Years of Service Hours Accrued Vacation Leave
Per Pay Period Per Year
1-5 3.077 80 hours
6-10 4.616 120 hours
11-15 6.154 160 hours
16 + 7.693 200 hours
Employees whose regularly scheduled workday is 24 Hours and who were
hired on or after October 1, 1984:
Years of Service Hours Accrued Vacation Leave
Per Pay Period Per Year
1-5 4.616 120 hours
6-10 7.3847 192 hours
11-15 9.2308 240 hours
Employee Policies Handbook/Page 24
116 +
112.000
I 312 hours
Employees whose regularly scheduled workday is 24 hours and who were
hired prior to October 1,1984:
Years of Service Hours Accrued Vacation Leave
Per Pay Period Per Year
6+ 13.846 360 hours
1. Employees eligible for vacation are strictly prohibited from accumulating
more than 1.5 times their annual accrual rate. Eligible employees are
encouraged to take vacation leave each year and will not be paid in lieu of
vacation leave.
2. Upon termination, employees will be paid accumulated vacation leave at a
rate based upon the employee's final hourly pay rate.
3. An employee on approved vacation leave who becomes ill during the
leave may have the vacation leave changed to sick leave for the period of
the illness. The employee shall be required to show a medical statement,
signed by a doctor, verifying the illness.
4. Vacation leave may be taken in 1-hour increments
5. An employee's designated beneficiary will be paid accumulated vacation
leave upon the death of the employee.
8. Sick Leave
Accrual
1. Regular full-time employees accrue sick leave at the rate of 4.62 hours per
pay period and 7.39 for 24-hour shift personnel.
2. Department Directors shall be responsible for reporting sick leave on
employees' time cards.
3. Regular full-time employees, hired prior to November 19, 1991, who
terminate shall receive, upon separation, payment for accrued but unused
sick leave, not to exceed 480 hours. Twenty-four hour shift personnel,
who terminate under the same conditions as above, shall be paid for
accrued but unused sick leave, not to exceed 768 hours.
4. Regular full-time employees hired after November 19, 1991, and who
terminate after 10 years of employment with the City, shall receive, upon
separation, payment for accrued but unused sick leave, not to exceed 480
Employee Policies Handbook/Page 25
hours. Twenty-four hour shift personnel who terminate under the same
conditions as stated in this paragraph, shall be paid for accrued but
unused sick leave, not to exceed 768 hours.
5. Regular full-time employees hired after November 19, 1991, and who
terminate prior to 10 years of employment with the City, shall not be
eligible to receive payment for accrued but unused sick leave upon
separation.
Use
An employee may use sick leave for:
1. The employee's illness or injury that prevents the employee from working
2. To receive medical care from a physician, dentist, or other health care
provider
3. In the event of an illness within the employee's immediate family or
household, or for routine health care appointments for the employee's
immediate family or household that cannot be reasonably scheduled
outside of working hours (Limited to 3 full days)
4. Sick leave exceeding 14 days must be in coordination with FMLA
Leave.
Sick leave exceeding 5 workdays in any 6-month period may cause an employee
to be placed on physical report status. Employees under this status shall be
required to submit to their supervisor a medical doctor's statement of fitness for
duty upon returning to work from an illness. Failure to submit such medical
statement may result in disciplinary action. Physical report status shall remain in
effect for 6 months from the date of the action.
Sick leave shall not be used for unexcused absences.
9. Military Leave
Military leave may be either military training leave or military duty leave (active
duty). Military training leave shall be leave with pay. Active duty shall be leave
without pay.
An employee of the City and who is a member of the state military forces or a
reserve component of the armed forces is entitled to leave absence from their
duties on a day on which the person is engaged in authorized training or duty
ordered or authorized by proper authority. During a leave of absence, the
employee may not be subjected to loss of time, efficiency rating, vacation time, or
Employee Policies Handbook/Page 26
salary. Leaves of absence under this paragraph may not exceed 15 days in a
federal fiscal year. (Texas Government Code, Section 431.005)
Regular employees who present official induction orders (draftee or reserve unit
call up) to enter the United States Armed Forces, the Texas National Guard, or
the Texas State Guard will be eligible for military duty leave without pay. At the
time of military discharge, the employee shall be reinstated at a position
comparable to what the employee would have attained had he not been on active
duty. This shall include any promotions and/or pay raises for which the
employee would have been eligible had the employee been at work instead of
active duty. (Per Uniformed Services Employment and Reemployment Rights
Act 38 U.S.C. 2021 et. seq)
10. Bereavement Leave
The City will grant a maximum of 3 days bereavement leave per calendar year
for an ~mployee to attend the funeral of a family member including spouse, and
the following of either the employee or spouse: child, brother, sister, parents,
grandparents, or foster parents. Department Directors may approve the
employee's request to take sick and/or vacation leave in addition to the 3 days
bereavement leave as follows:
1. The first 3 days will be charged to bereavement leave
2. Days 4 through 6 may be charged to sick leave. Leave exceeding 6 days
will be charged to vacation.
3. Employees have the option to use vacation rather than sick leave for days
4 through 6
11. Administrative Leave
Employees may be ordered not to return to work and placed on administrative
leave with pay when recommended by the Department Director and approved by
the City Manager.
12. Leave Without Pay
In circumstances not falling within other provisions of these rules, the Department
Director may authorize an employee to take leave without pay under such terms
and conditions as may be mutually agreeable up to a maximum of 2 calendar
weeks. Authorized leave without pay in excess of 2 weeks must be approved by
the City Manager.
13. FMLA Leave
The City offers FMLA leave pursuant to the provisions of the Family and Medical
Leave Act of 1993. Employees with at least 12-months of service, and who have
worked at least 1,250 hours in the last 12-months, may be eligible to take up to
Employee Policies Handbook/Page 27
12 weeks of unpaid Family/Medical Leave within any 12-month period and be
restored to the same or an equivalent position upon return from the leave. The
City will calculate the 12-month period by using a "rolling" 12-month period.
Family/Medical Leave is defined as an approved absence available to eligible
employees for up to 12 weeks under particular circumstances. Circumstances
that would constitute Family/Medical Leave are as follows:
1. The birth of a child and in order to care for such a child;
2. The placement of a child with you for adoption or foster care;
3. To care for your spouse, son, daughter, or parent with a serious health
condition; or
4. Because of your own serious health condition which renders you unable to
perform the functions of your position.
FMLA leave because of reasons (1) or (2) must be completed within the 12-
month period beginning on the date of birth or placement. In addition, spouses
employed by the City who request leave because of reason (1) or (2) or to care
for an ill parent may only take a combined total of 12 weeks leave during any 12-
month period.
FMLA leave is generally unpaid. An employee must substitute accrued paid
leave under certain circumstances:
1. If FMLA leave is requested because of a birth, adoption or foster care
placement of a child, or to care for a spouse, child, or parent with a
serious health condition, any accrued paid vacation, first will be
substituted for any unpaid Family/Medical Leave.
2. If FMLA leave is requested because of the employee's own serious health
condition, any accrued paid sick leave will be substituted first and then
accrued paid vacation will be substituted for any unpaid leave time that
does not extend the 12 week leave period.
If FMLA leave is requested because of the employee's own or a covered
relation's serious health condition, the employee and the relevant health care
provider must supply appropriate medical certification. Medical Certification
Forms may be obtained from the Human Resources Department. When FMLA
leave is requested, the City will notify the employee of the requirement for
medical certification and when it is due (at least 15 days after leave is
requested).
Failure to provide requested medical certification in a timely manner may result in
denial of leave until it is provided. The City, at its expense, may require an
examination by a second health care provider designated by the City, if it
reasonably doubts the medical certification initially provided. If the second health
care provider's opinion conflicts with the original medical certification, the City, at
its expense, may require a third, mutually agreeable, health care provider to
Employee Policies Handbook/Page 28
conduct an examination and provide a final and binding opinion. The City may
require subsequent medical re-certification on a reasonable basis.
If medically necessary for a serious health condition of the employee or his/her
child, or parent, FMLA leave may be taken on an intermittent or reduced leave
schedule. If leave is requested on this basis, the City may require the employee
to transfer temporarily to an alternative position (equivalent in pay and benefits)
that accommodates recurring periods of absence.
No loss of service credit with the City will occur as a result of the FMLA leave, but
no benefit credits will accrue toward vacation or sick leave during unpaid FMLA
leave. However, accruals toward vacation and sick leave may be earned during
paid leave.
The employee's health benefits will continue during the leave, in accordance with
the City of La Porte Medical Plan Document. However, if the employee does not
return to work he/she will be responsible for 100% repayment of premiums paid
by the City, unless the employee cannot return to work because of a serious
health condition or other circumstances beyond his/her control. Employees are
responsible for payment of their dependent coverage premiums and other
authorized payroll deductions while they are on FMLA leave.
If the need for FMLA leave is foreseeable, the employee must give the City 30
days prior written notice. When unforeseen events occur that require FMLA
leave, employees must give notice as soon as practical, ordinarily within 1 or 2
working days. Failure to provide such notice may delay approval of FMLA leave.
The City has Request for Family/Medical Leave forms available from the Human
Resources Department. These forms should be used when requesting leave.
If FMLA leave is taken because of the employee's own serious health condition
or to care for a covered relation, the employee must contact the City on the first
and third Friday of each month regarding the status of the condition and their
intent to return to work.
Upon completion of FMLA leave because of the employee's own serious health
condition, employees are required to provide medical certification that they are fit
to resume work. Return to Work Medical Certification Forms may be obtained
from the Human Resources Department. Employees failing to provide the
Return to Work Medical Certification Form will not be permitted to resume work
until it is provided.
The following definitions apply for the purposes of the FMLA policy:
SPOUSE - is defined in accordance with State law
Employee Policies Handbook/Page 29
PARENT - includes biological parents and individuals who acted as your parents,
but does not include parents-in-law
CHILD - includes biological, adopted, foster children, stepchildren, legal wards,
and other persons for whom you act in the capacity of a parent and who are
under 18-years of age or over 18-years of age but incapable of caring for
themselves
SERIOUS HEALTH CONDITION - means any illness, impairment, or physical or
mental condition that involves: (1) any incapacity or treatment in connection with
inpatient care; (2) an incapacity requiring absence of more than 3 calendar days
and continuing treatment by a health care provider; or (3) continuing treatment by
a health care provider of a chronic or long-term condition that is incurable or will
likely result in incapacity of more than 3 days if not treated
CONTINUING TREATMENT - means (1) two or more treatments by a health
care provider; (2) two or more treatments by a provider of health care services
(e.g. physical therapist) on referral by or under orders of a health care provider;
(3) at least 1 treatment by a health care provider that results in a regimen of
continuing treatment under the supervision of the health care provider (e.g. a
program of medication or therapy); or (4) under the supervision of, although not
actively treated by a health care provider for a serious long-term or chronic
condition or disability that cannot be cured (e.g. Alzheimer's or severe stroke)
HEALTH CARE PROVIDER - includes: licensed MD's and OD's, podiatrists,
dentists, clinical psychologists, optometrists, chiropractors authorized to practice
in the State, nurse practitioners, and nurse midwives authorized under State law,
and Christian Science practitioners
14. Absences in Excess of 120 Calendar Days
After the expiration of 120 calendar days following any continuous absence
due to any reason, employment will be terminated. The employee may elect
to continue his or her health and dental insurance coverage under the provisions
of the Consolidated Omnibus Reconciliation Act of 1985 ("COBRA"). The
employee will be responsible for the premium and any other related fees for the
coverage.
Employee Policies Handbook/Page 30
v. REGULATIONS AND CONDUCT
1. Standards of Job Performance and Conduct
Employees are expected to observe certain standards of job performance and
good conduct. Specific rules included in this policy are intended to provide
employees with notice of what is expected of them, but cannot reasonably
include every type of unacceptable conduct and performance. Conduct and
performance not specifically prohibited in this policy that adversely affects or is
otherwise detrimental to the interests of the City, other employees, or citizens,
may result in disciplinary action up to and including termination.
2. Work Standards
It shall be the duty of each employee to maintain high standards of cooperation,
efficiency, and economy in their work for the City. Department Directors shall
organize and direct the work of their departments to achieve these objectives.
If the work habits, quality or quantity of work and/or work conduct of any
employee falls below those standards expected by the supervisor, or outlined in
the employee's job description, then the employee shall be counseled regarding
the matters in question. Counseling of the employee in sufficient time for
improvement should ordinarily precede formal disciplinary action but nothing
herein shall prevent immediate formal action, as provided for in the City's
disciplinary policy, whenever required in the best interest of the City.
3. Misconduct
Employees may be disciplined for misconduct including but not limited to:
1. Violation of any City or department rule, regulation, policy, or procedure
2. Insubordination, indifference toward work, neglect of duties, disruptive
behavior, or any conduct that interferes with or prevents effective
performance of the duties of the position, the department, or the City
3. Dishonesty
4. Waste, damage to, theft of, abuse of, or unauthorized use of City property
5. The violation of any federal or state law, rule, regulation, or City ordinance
while on or off duty including a criminal act that may have an adverse
impact upon the City or on the public confidence in the integrity of City
government, or on the relationship of the employee and other employees,
or acts which reflect poorly upon the City's image
Employee Policies Handbook/Page 31
6. Violation of the City's harassment policy
7. Violation of the City's Drug and Alcohol policy
8. Excessive distribution of non-work related literature during working hours
and/or on city property
9. Gambling in any form during working hours and/or on City Property
4. Personal Appearance
All employees, regardless of work location and degree of public contact, shall
dress in a manner consistent with their departmental regulations. Department
Directors may establish uniform and equitable dress standards for the various
divisions within their departments.
5. Employee Financial Obligations
All employees are required to manage their personal financial affairs separately
from their careers with the City. If or when personal financial affairs interfere with
an employee's ability to perform their job duties, disciplinary action may be taken.
6. Operation of City Owned Vehicles and Equipment
All employees who are required to operate City owned vehicles or equipment
shall do so in a safe and prudent manner in compliance with all state, federal,
and local laws. Improper and/or unsafe operation of vehicles or equipment is
justification for disciplinary action.
All employees who have operating vehicles or equipment as a responsibility of
their position classification must have and maintain a proper driver's license and
an acceptable driving record. Improper license or unacceptable driving record, or
un-insurability or exclusion of an employee by the City's insurance carrier, is
justification for transfer, demotion, or termination.
Any employee whose driver's license is suspended for any reason shall notify
his/her supervisor and Human Resources immediately.
7. Outside Employment
Regular full-time employees may have other employment if their supervisor
determines it does not interfere with the performance of the employee's job
duties, or if it would result in a conflict of interest between the employee's work
for the City and the outside employment.
Employee Policies Handbook/Page 32
8. Use of City Property
City facilities, equipment, supplies, and other City resources are made available
to help employees perform their job duties and are not for personal use. The
City, however, recognizes that under certain circumstances the employee's
occasional use of city telephones, computers, facsimile, e-mail, copiers, Internet,
and similar resources for personal use may be necessary or beneficial to the
City. The City may establish separate policies governing the use of specific
equipment. The City will discipline an employee for inappropriate or excessive
use of City equipment for personal use. Any personal use of City property should
meet the following guidelines:
1. It should be infrequent and of short duration (A short telephone
conversation)
2. It should be for a compelling reason and not for mere convenience (A
telephone call to arrange with a spouse to pick-up a child after school)
3. It should not interfere with the employee's performance of job duties (The
use did not prevent the employee from completing the job duties)
4. It should not result in any additional charge to the City (Long distance
telephone charge)
5. It must not be used for personal monetary gain or the employee's personal
business (Selling products over the phone or internet)
9. Smoking
Employees are allowed to smoke only in designated smoking areas that are
recommended by each department and listed in the City's Policies and
Procedures Manual approved by Council and subsequently amended. Smoking
includes:
1. Carrying or holding a lighted pipe, cigar, or cigarette of any kind or any
other lighted smoking equipment or device;
2. Lighting a pipe, cigar, or cigarette of any kind or any other smoking
equipment or device; or
3. Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or
other smoking equipment or device.
10. Drugs and Alcohol
Refer to the City's Drug and Alcohol Abuse Policy approved by Council as
subsequently amended.
Employee Policies Handbook/Page 33
VI. DISCIPLINE, REVIEWS, AND COMPLAINTS
1. Discipline
Basis for Disciplinary Actions
It is the City's policy to correct employee job deficiencies, or violation of City
policies when they occur. Supervisors shall deal directly with employee
performance deficiencies or City policy violations and employees shall be treated
fairly and consistently.
A supervisor should consider such factors as the type and severity of the offense,
the employee's work record, and any mitigating circumstances surrounding the
particular offense when considering disciplinary action.
The City shall consider the following as constituting a basis for disciplinary action
up to and including discharge. This list is not all-inclusive and is not intended to
be limited to the following:
1. Misconduct
2. Illegal, unethical, abusive, or unsafe acts
3. Violation of any portion of the personnel policies
4. Violation of other City department rules and/or regulations
5. Absenteeism and/or repeated tardiness
6. Insubordination
7. Work performance inefficiency
8. Abuse of leaves provided
9. Falsification of official documents or records
10. Being under the influence or use of drugs or alcohol while on duty
11. Unauthorized use of City records, material, or equipment
Types of Disciplinary Actions
Formal disciplinary action taken shall be consistent with the nature of the
deficiency or infraction involved and the work history of the employee. The
recommended steps of progressive discipline are as follows, but should not be
interpreted as a certain chain of events as the City reserves the right to
administer any disciplinary action up to and including discharge, depending on
the nature, scope, and severity of the offense and totality of the circumstances
surrounding such events: oral reprimand, written reprimand, probation,
suspension, demotion, and termination.
The City will attempt to follow progressive steps of disciplinary action whenever
possible to provide reasonable opportunity for performance correction but
ultimately reserves the right to employ any of the aforementioned actions for
particular deficiency or infraction depending upon the exact circumstances of the
Employee Policies Handbook/Page 34
deficiency or infraction. An employee may be formally advised at any time that
he or she may be dismissed or otherwise disciplined for further unsatisfactory
performance and/or conduct.
One or more of the following disciplinary measures may be taken depending on
the particular circumstances surrounding an offense. An employee shall be
provided with a warning with time to improve performance, whenever possible,
prior to suspension or termination. The recommended steps of progressive
discipline are as follows, but should not be interpreted as a certain chain of
events as the City reserves the right to administer any disciplinary action
depending on the nature, scope, and severity of the offense:
1. Oral Reprimand - For the first violation of a particular policy or regulation,
an oral reprimand is given identifying any violation(s) and indicating
needed improvement. There will be written documentation of the oral
reprimand that shall be signed by the employee and the supervisor and
placed in the employee's personnel file.
2. Written Warning - In the interest of a more formal type of disciplinary
action, an employee may receive a written reprimand. This written
reprimand shall describe the deficiency or infraction, cite the violated
policy or regulation, and state the likely consequences of further
unsatisfactory performance or conduct. The written warning shall be
signed by the employee and their supervisor and placed in the employee's
personnel file.
3. Disciplinary Probation - An employee may be placed on disciplinary
probation for a specified period of time, not to exceed 90 days, in order to
allow the employee enough time to show improvement regarding the
problem specified. The written document placing an employee on
disciplinary probation must include identification of the problem area, the
required necessary improvement, the specific length of disciplinary
probation status and the further disciplinary action that could result from
failure to show satisfactory improvement. This document shall be signed
by the employee and the supervisor and placed in the employee's
personnel file.
4. Suspension - A supervisor may, with the Department Directors approval,
suspend an employee without pay for a maximum of 15 calendar days in
one calendar year. The written suspension notice must contain the
reason for the suspension, other examples of policy or regulation
violations, if any, the consequences of a recurrence of the violation of
infraction, the period of suspension, and the review procedure. This
document shall be signed by the employee and the supervisor and placed
in the employee's personnel file.
Employee Policies Handbook/Page 35
When an employee is under investigation for a crime or official
misconduct, or is awaiting a hearing or trial in a criminal matter, the
employee may be suspended without pay for the duration of the
proceedings when such suspension would be in the best interest of the
City. If the investigation or proceedings clear the employee, he/she shall
be reinstated at the same position.
Employees on suspension shall not accrue any sick or vacation leave
during the suspension. If, after the review process, the suspension is
overturned, the employee's sick and vacation leave shall be adjusted
accordingly.
5. Involuntary Demotion - An employee may, with Department Director
approval, be demoted to a position in a lower salary range. Additionally,
the demoted employee's salary at the time of demotion may be reduced
by a factor of 15 percent. Involuntary demotions shall be made in written
form and shall include the reason(s) for the disciplinary action, the likely
consequence of further unsatisfactory performance and/or conduct, and
the review process. This document shall be signed by the employee and
the supervisor and placed in the employee's personnel file. A demoted
employee shall not be disqualified from consideration for later
advancement.
6. Termination - An employee may be terminated from employment with the
City as a final step in the progressive discipline process. Excepting those
types of policy or regulation violations that warrant immediate termination,
this disciplinary step will be employed as a final step that must be
approved by the Department Director, reviewed by the Human Resources
Manager, and approved by the City Manager. A letter of termination shall
be provided to the employee describing the performance deficiency and/or
policy or regulation violations.
Review of Disciplinary Actions
Following normal chain of command reviews, disciplinary actions are subject to
review by the City Manager if the employee so requests in writing within 5
working days following notice of action. This written request must include the
disciplinary action taken, the circumstances surrounding the action, and the
reason(s) the action is invalid. The City Manager shall have the authority to
approve, disapprove, modify, or rescind any disciplinary action taken. The City
Manager shall be final and binding arbiter in these matters.
Employee Policies Handbook/Page 36
2. Employee Complaints
Informal Oral Discussion
The City believes employee concerns are best addressed through informal and
open communication. Therefore, employees are directed to first discuss their
work-related concerns with their immediate supervisor. The supervisor
addressing the employee's complaint will attempt to resolve the complaint or
explain why it cannot be resolved to the employee's satisfaction.
Written Formal Complaints
Following these informal discussions, employees remaining dissatisfied may
submit a written complaint to their immediate supervisor, with a copy to Human
Resources, within 15 working days.
It is the responsibility of the immediate supervisor to study the complaint and
attempt to resolve it within 10 working days. The resolution should be in writing
and a copy given to the complaining employee and Human Resources. If the
complaint cannot be satisfactorily resolved within the 10-day period, or if the
complaining employee does not accept the supervisor's resolution, then the
supervisor shall refer the matter, with comments and/or recommendations to the
next higher level of supervision. The Department Director shall be the last
person in the department to whom an unresolved matter will be taken.
If the work-related complaint remains unresolved, the employee may request it
be forwarded to the City Manager for disposition, and the employee shall be
entitled to a written decision. The City Manager may direct Human Resources to
investigate the complaint and recommend a decision based upon interviews and
supporting written documents. The City Manager shall consider all parties'
positions and make the final decision.
Any intimidation, coercion, or threatened reprisals used to violate the intent of
this complaint procedure by either the employee or any level of supervision shall
constitute a basis for disciplinary action.
3. Texas Whistle Blowers Act
The Texas Whistle Blowers Act provides that the City may not suspend or
terminate the employment of, or otherwise discriminate against, a City employee
who reports a violation of law to an appropriate law enforcement authority, if the
employee report is made in good faith.
Employee Policies Handbook/Page 37
VII. NON DISCIPLINARY TERMINATIONS
1. Voluntary Termination
Employees voluntarily terminate their employment with the City when they:
1. Resign either verbally or in writing
2. Fail to report to work without notice to the City for 3 consecutive workdays
unless the employee's absence is excused or FMLA protected leave
2. Inability to Perform Job
With the approval of the City Manager, a Department Director may require that a
current employee undergo a medical examination, at the City's expense, to
determine if such employee is able to perform the essential functions of the
employee's current position.
Employees may be separated from City employment because of incapacity for
medical reasons, either physical or mental, when the employee is no longer
capable of performing the essential job functions of the position.
3. Termination Due to Reorganization, or Economics
The City may need to terminate employees due to reorganization, eliminating
jobs, budget constraints, or lack of work. The City will attempt to provide
advance notice of such terminations.
Terminations due to reorganization, eliminating jobs, budget constraints, or lack
of work are not disciplinary terminations and are not subject to procedures
applicable to disciplinary terminations.
Employee Policies Handbook/Page 38
VIII. PERSONNEL RECORDS AND SEARCHES
1. Personnel Files
Human Resources shall maintain the official personnel files for all City
employees. Unless otherwise provided by law, personnel files shall be kept
confidential and may not be used or divulged for purposes unconnected with the
City's personnel management system except with the permission of the
employee involved.
Nothing herein shall prevent the dissemination of impersonal statistical
information. Employees shall have the right of reasonable inspection of their
personnel file under procedures prescribed by Human Resources. Employees
may request and receive a copy of their personnel file or any portion thereof
under procedures prescribed by the Human Resources.
Non-employees who wish to inspect a current or former employee's personnel
file shall either make a formal written request through Human Resources under
the Open Records Act or subpoena the desired records through a court order.
2. Searches
The City may conduct inspections or searches of City property with or without
prior notice. The City may search City property regardless of whether the
property is used exclusively by the employee and locked. Examples of City
property include, but are not limited to City owned:
1. Vehicles
2. Workspaces
3. Desks
4. Lockers
5. Machinery
6. Computers
IX. RETIREE MEDICAL COVERAGE
Exhibit A
9 A Retiree Medical Coverage
1. The following persons are eligible for retiree medical coverage:
A. Present retirees of the City of La Porte receiving retirement
annuities as a aualified annuitant under the Texas Municioal
Retirement System. who have retired in accordance with the
City of La Porte Emoloyee Policies Handbook: and were
employed by the City of La Porte at the time of their retirement.
Employee Policies Handbook/Page 39
Retirees re-emploved after retirement from the City of La Porte
that have emplover sponsored health care coverage available
through the new emp/over may not continue health coverage
with the City of La Porte. except for those with 30 years or
more tenure with the City of La Porte. If an employee works
30 years or more with the City of La Porte they may
maintain the City of La Porte sponsored health plan as
secondary. which workinQ for a new employer offerinQ a
health plan option. All applicable costs of the plan will still
apply. In the case of Retirees that are reemploved bv a new
emplover. and who subseauently retire from the new emplover.
a one time deferral shall be allowed whereby the retiree may
reioin the City of La Porte health plan as a retiree participant.
regardless of age. If a aualifying retiree carried a spouse as a
dependant at the time of their initial retirement. a retiree who
reioins the City of La Porte health plan as a retiree participant
under the one time deferral may include their spouse as a
dependant. consistent with allowances made under Federal
COBRA law. Retirees who are self-emploved are eligible for
medical coverage. but occupational illnesses or iniuries shall not
be covered. Annual contributions bv retirees to the health plan
will be based on current active emp/ovee/dependent rates.
B. City employees who retire from the City of La Porte employment
on or before December 31, 2005, as a qualified annuitant under
the Texas Municipal Retirement System; who retire in
accordance with the City of La Porte Employee Policies
Handbook; who complete at least 10 years of service with the
City of La Porte, and are currently employed by the City of La
Porte at the time of their retirement. Retirees re-employed after
retirement from the City of La Porte that have employer
sponsored health care coverage available through the new
employer may not continue health coverage with the City of La
Porte, except for those with 30 years or more tenure with
the City of La Porte. If an employee works 30 years or more
with the City of La Porte they may maintain the City of La
Porte sponsored health plan as secondary, which working
for a new employer offering a health plan option. All
applicable costs of the plan will still apply. In the case of
Retirees that are reemployed by a new employer, and who
subsequently retire from the new employer, a one time deferral
shall be allowed whereby the retiree may rejoin the City of La
Porte health plan as a retiree participant, regardless of age. If a
qualifying retiree carried a spouse as a dependant at the time of
their initial retirement, a retiree who rejoins the City of La Porte
health plan as retiree participant under the one time deferral
Employee Policies Handbook/Page 40
may include their spouse as a dependant, consistent with
allowances made under Federal COBRA law. Retirees who are
self-employed are eligible for medical coverage, but
occupational illnesses or injuries shall not be covered. Annual
contributions by retirees to the health plan will be based on
current active employee/dependent rates.
C. City emplovees who retire from City of La Porte emplovment on
or after January 01. 2006 and (1) who have a combination of
years of service with the City of La Porte. plus age. totaling 80:
and (2) who retire as a Gualified annuitant under the Texas
Municioal Retirement System: who retire in accordance with the
City of La Porte Emplovee Policies Handbook: who complete at
least 20 years of service with the City of La Porte. and are
currentlv emploved bv the City of La Porte at the time of their
retirement. Retirees re-emoloved after retirement from the City
of La Porte that have emplover sponsored health care coverage
available through the new emolover may not continue health
coveraGe with the City of La Porte. exceot for those with 30
years or more tenure with the City of La Porte. or for retirees re-
emploved with the City of La Porte. If an emplovee works 30
years or more with the City of La Porte they may maintain the
City of La Porte sponsored health plan as secondary. while
working for a new emplover offering a health olanootion. In the
case of Retirees that are reemploved bv a new emolover. and
who subsequentlv retire from the new emolover. a one time
deferral shall be allowed whereby the retiree may reioin the City
of La Porte health olan as a retiree participant. regardless of
age. If a qualifying retiree carried a spouse as a dependant at
the time of their initial retirement. a retiree who reioins the City
of La Porte health plan as retiree oarticipant under the one time
deferral may include their spouse as a deoendant. consistent
with allowances made under Federal COBRA law. All apolicable
costs of the Plan will still applv. For those retirees who are self-
emploved. occuoational illnesses or iniuries shall not be
covered. Annual contributions bv retirees to the health plan will
be based on a cost schedule determined bv years of service. as
established under Section 5. "Premiums". of this chaoter.
D. City employees meeting the eligibility requirements for (1)
disability retirement under the Texas Municipal Retirement
System Act and (2) have been declared permanently disabled
under the Social Security Act, and have elected to receive
Medicare, Parts A and B, shall be eligible for medical benefits,
which shall be secondary to Medicare benefits, provided they
have worked for the City of La Porte for ten (10) continuous
Employee Policies Handbook/Page 41
years at the time of disability determination. Costs associated
with retirement under this tier shall be 75% of the city cost.
2. The retiree and dependent coverage will be primary for those
participants not yet qualified for Medicare. The coverage will be
secondary for those retirees and retirees' dependents who are
Medicare eligible. The Retiree and dependant coverage will be
secondary for Retirees with 30 or more years tenure with the City
of La Porte, who have employer sponsored health coverage
available through their new employer, or for retirees reemployed
with the City of La Porte, as hereinabove provided. If a covered
retiree dies, dependents may continue coverage until the earlier of the
date the surviving spouse remarries, obtains group insurance, or
becomes entitled to Medicare, or until any unmarried children
financially dependent upon the covered retiree is 25 years of age.
Surviving dependents shall pay the appropriate contribution toward
dependent coverage as established in this chapter.:.
3. Retirees who work for another employer offering health coverage shall
not be eligible for retiree health coverage from the City after their
subsequent employment ends, regardless of the length of service with
the subsequent employer.
4. Retirees who delay their retirement annuity shall not be eligible for
retiree health coverage from the City.
5. Premiums: The City of La Porte utilizes a self-funded medical plan so
there are no formal premiums paid for health coverage. Each year,
during the budget process, an amount is determined for each
employee to cover claims and administration of the medical fund.
The Total Premium Cost is the Total annual dollar allocated each
year by budget as approved by City Council for the City of La
Porte for Health Insurance for each employee, including employee
and employer contributions.
Costs to the retiree. retiring on or after January 01. 2006. shall be based
on a cost schedule determined by years of service. outlined below. Under this
schedule. a retiree pays a oercentage of the city's contribution to the olan
particioant's health coverage. based on years of service. but oays the entire
cost of dependant coverage. regardless of years of service.
At least 20 years of service Retiree oays 60% of city cost
+ Dependent premiums
At least 21 years of service Retiree pays 55% of city cost
+ Deoendent premiums
Employee Policies Handbook/Page 42
At least 22 years of service Retiree pays 50% of city cost
+ Dependent premiums
At least 23 years of service Retiree pays 45% of city cost
+ Dependent premiums
At least 24 years of service Retiree pays 40% of city cost
+ Dependent premiums
At least 25 years of service Retiree pays 35% of city cost
+ Dependent premiums
At least 26 years of service Retiree pays 30% of city cost
+ Dependent premiums
At least 27 years of service Retiree pays 25% of city cost
+ Dependent premiums
At least 28 years of service Retiree oavs 20% of city cost
+ Dependent premiums
At least 29 years of service Retiree pays 15% of city cost
+ Dependent premiums
At least 30 years of service Retiree pays 10% of city cost
+ Dependent premiums
Eligible dependents include: Your lawful spouse who is legallY married
to and IiYinq with you: natural children: stepchildren: children who. before
reaching the age of 18. are either adopted by you: or other children for
whom YOU have care. custody and control under court decree. A
deoendent child must be unmarried and rely on you for orimary supoort
and maintenance. Dependent children remain eligible until age 25.
6. Retirees may not add dependents once retired. There are no qualifying
events to add dependents. Deoendents may be droooed bv written request at
any time.
7. Retirees shall pay all required contributions to the City by the 15th of the
month of coverage. One annual statement will be mailed to retirees for
selection of oayment plan: annual. bi-annual. Quarterly or monthlv. Failure to
pay the required contribution will result in termination of the member's
participation in the City of La Porte sponsored health plan. Payment delaved
beyond 60 days will initiate COBRA notification for continuation of health
coverage once the member is terminated from the Plan.
Employee Policies Handbook/Page 43
EMPLOYEE ACKNOWLEDGMENT
By accepting or continuing employment with the City of La Porte, you
acknowledge that your employment is subject to all policies contained in this
handbook and any other rules and regulations adopted by the City, department,
or division and that you agree to conform to these policies and the rules and
regulations. You also acknowledge that no officer or employee of the City has
the authority to enter into any agreement on an employment policy that is
contrary to the policies contained in this handbook.
PLEASE READ THIS EMPLOYEE HANDBOOK AND FILL OUT
AND RETURN THIS PAGE TO HUMAN RESOURCES
WITHIN 1 WEEK OF RECEIPT
Employee Name:
This acknowledges that I have been given a copy of the City of La Porte
Employee Policies Handbook and have read and understand the contents. I
understand that the City may modify or rescind any policies, benefits, or practices
described in the City of La Porte Employee Policies Handbook at any time
without prior notice to me.
Signed:
Date:
Employee Policies Handbook/Page 44
.,..,-..
------
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested September 25, 2006
Requested By: Mayor Alton E. Porter
Appropriation
Source of Funds: nla
Department:
MaYQr'~ Office
Account Number: nla
Report:
Resolution:
Ordinance:
x
Amount Budgeted: nla
- ..
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
City Council to approve appointing positions on Boards and Commissions for vacant slots.
Chapter 172 Employee, Retiree Insurance and Benefits Board:
Citizen Position 2 - Term Expiration 8/31/2006 - vacated by Tina Fregia due to resignation.
Citizen Position 1 - Term Expiration 8/31/2007 - vacated by Pat Rothermel
Alternate Position 2 - No Term Expiration - position has never been filled
La Porte Development Corporation Board - 4b Corporation
Deborah Johnson - Term Expiration 2007 - resigned from board position vacant
Youth Advisory Council
Crystal Scott advised there will be no changes to the Youth Advisory Council until after school begins in the fall.
Advise staff if any other changes regarding positions Council desires.
Action ReQuired bv Council:
Consider approving Ordinance appointing members to various Boards and Commissions and adopt the ordinance of
choice regarding the Zoning Board of Adjustment Chairman.
Date
q ~d-O-D~
n 0 ItGhdJJ-t~w0
ORDINANCE NO. 2004-2782-N
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 l. - 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
2009
2009
2007
FAA Representative
William Gray
No Term
Airline Representative -
Dan Myhaver
No Term
Section 2. The City Council of the City of La Porte hereby makes
the following appointments to the Board of Directors of the City
of La Porte Reinvestment Zone Number One, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Position 1 Peggy Antone 2007
Position 2 * Da ve Turnquist 2008
Position 3 Alton Porter 2007
Position 4 *Horace Leopard 2008
Position 5 Doug Martin 2007
Position 6 *J.J. Meza 2008
Position 8 *Chester Pool 2008
The City Council of the City of La Porte hereby ratifies the
following appointments by La Porte Independent School District and
Harris County:
Position 7 Dr. Say (LPISD) 2007
Position 9 Lindsay Pfeiffer (Harris Co.) 2007
Section 3. The City Council of the City of La Porte hereby
makes the following appointments to the Chapter 172 Employee
Retiree Insurance and Benefi ts Commi ttee, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Citizen Position 1
Citizen Position 2
Retiree Participant -
Employee Participant-
Finance Staff
H.R. Staff
Legal Staff
Alternate to Citizen
Positions 1 and 2
Vacant 2007
Vacant 2009
Buddy Jacobs 2008
Karen Beerman No Term
Michael Dolby No Term
Robert Swanagan No Term
Clark T. Askins No Term
G~orge Van Dyke
Vacant
No Term
No Term
Section 4. The City Council of the City of La Porte hereby
makes the following appointments to the Fiscal Affairs Committee,
2
without term, or until their successors shall have been duly
appointed and qualified:
Date Appointed
Chairman Chuck Engelken 1998
Committee Member - Barry Beasley 2004
Committee Member - Howard Ebow 1998
Alternate Membe r - Louis Rigby 2004
Alternate Membe r - 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
their successors shall have been duly
year indicated, or until
appointed and qualified:
District 1
District 2
District 3
District 4
District 5
District 6
Tim Bird 2008
*Jeff Brown 2009
*Woodrow Sebesta 2009
*Floyd Craft 2009
Jim Bridge 2006
Lester Clark 2008
*Bryan Moore 2009
Paul Vige 2008
*Lynn Green 2009
At Large-A
At Large-B
Mayor
Section 6. 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:
3
Position 1 Robert Roy 2007
Position 2 Dennis H. Steger 2007
Position 3 Steve Va1arius 2007
Position 4 * Chester Pool 2008
Position 5 * Paul Berner 2008
Section 7. The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are residents of
the City of La Porte, and no more than four of whom are elected
ci ty officials or city employees, to serve as directors of the
City of La Porte Development Corporation without compensation, but
with reimbursement for actual expenses, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Chuck Engelken 2007
*Mike Clausen 2008
Tommy Moser 2007
*Bill Love 2008
Ed Matuszak 2007
* Pat Muston 2008
Vacant 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
4
Section 9. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Redevelopment
Authority, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
Position 1
Peggy Antone 2007
*Dave Turnquist 2008
Alton Porter 2007
*Horace Leopard 2008
Douglas Martin 2007
*J.J. Meza 2008
Dr. Say 2007
*Chester Pool 2008
Lindsay R. Pfeiffer, Chairman 2007
The City Council of the City of La Porte hereby
makes the following appointments to the Main Street District
Committee, an "ad hoc" committee, without term, or until their
successors shall have been duly appointed and qualified:
Position 1 Bill Manning, Chairman No Term
Position 2 Robert Schlenk, Vice Chairman No Term
Position 3 Deborah Johnson No Term
Position 4 Douglas Martin No Term
Position 5 Vicki Campise No Term
Position 6 Paul Berner No Term
Position 2
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9
Section 10.
Position 7
Position 8
Position 9
Pat Muston
Gloria Lair
Brenda Brown
No Term
No Term
No Term
5
Section 11. The City Council of the City of La Porte hereby
makes the following appointments to the Main Street Advisory
Board, a new Board required by the Texas Historical Commission,
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Position l- Ed Matuszak 2008
Position 2- Vicki Campise, Chair 2008
Position 3- Bill Manning Jr. 2008
Position 4- Leandro Suarez 2009
Position 5- *Jerry Carpenter, Vice Chair 2009
Position 6- Amanda Seymore 2009
Position 7- Michaelyn Dunaway 2007
Position 8- Clare Zaborowski Sec./Treasurer 2007
Position 9- Lawrence McNeal 2007
Position 10 Position 10 eliminated by Ordinance 2004-2782-
L on August 28th, 2006, by City Council Action
Position 11 Position 11 eliminated by Ordinance 2004-2782-
L on August 28th, 2006, by City Council Action
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
6
year indicated, or until
appointed and qualified:
Chairman
their successors
shall have been duly
*Pat Muston 2009
Doretta Finch 2008
*Nick Barrera 2009
*Kirby Linscombe ,Jr. 2009
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
District 1
District 2
District 3
District 4
District 5
District 6
Alternate 1
Alternate 2
Section 13.
2009
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
7
Position 7 Clemea J. Donaldson 2005
Position 8 Brandon C. Lunsford 2005
Position 9 Pierre N. Castillo 2005
Position 10 LaSadra M. Hillman 2005
Position 11 Margo R. Curette 2005
Position 12 Marc R. Vanderbrink 2005
Position 13 Carol Parmer 2005
Position 14 Mia Parisi 2005
Position 15 Taylor Ryan Rowan 2005
Position 16 Ashley N. Weddle 2005
Section 15. The City Council of the City of La Porte hereby
makes the following appointments to the Zoning Board of
Adjustment, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
Position 1 Sidney Grant 2007
Position 2 Bob Capen 2007
Position 3 Rod Rothermel 2007
Position 4 Charles Schoppe 2007
Position 5 George (Bill) W. Maltsberger 2007
Alternate 1 *Lawrence McNeal 2008
Alternate 2 *Gilbert Montemayor 2008
Section 16. The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are resident
electors of the City of La Porte or non-resident individuals
owning or operating a business within the City of La Porte, duly
verified by proof of an applicable tax statement or utility
8
account for such business, and each of whom the City Council deems
competent to serve on such Board by virtue of their experience and
training in matters pertaining to building construction, and none
of whom are employed by the City of La Porte, to serve as members
of the Building Codes Appeals Board for terms expiring on August
31st of the year indicated, or until their successors shall have
been duly appointed and qualified:
Position 1 Tom Campbell, Chairman 2007
Position 2 Terry Bunch, Vice Chairman 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,
9
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.
Section 20.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of
the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon.
The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 21. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 25 TH day of September, 2006.
CITY OF LA PORTE
By:
Alton E. Porter
Mayor
ATTEST:
Martha A. Gillett
City Secretary
10
APPROVED:
Clark T. Askins
Assistant City Attorney
11
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Sentember 25. 2006
Requested By: Susan Kellev .d ~
Department: Purchasing
Annrollriation
Source of Funds:
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
WORKSHOP
SUMMARY & RECOMMENDATION
On June 26, 2006, staff presented a recommendation for Council to approve continued participation with H.GAC Energy
Purchasing Corporation to obtain a contract with an electricity provider. Council requested additional infonnation and
asked staff to consider other options, specifically, General Land Office (GLO).
Staff researched other altel11atives, including hiring a consulting fum to assist with a RFP process and evaluation of
proposals. This option did not seem feasible due to cost. Staff also attended meetings with surrounding cities on
beginning a Gulf Coast Region Electricity Aggregation, but this will not be an established, viable entity in time for us to
purchase electricity for January 1,2007.
In June 2006, staff viewed the GLO website and contacted Pat Gardner Young, Reliant's representative, to leam more
about a transmission charge listed on the website. Ms. Young replied this was a monthly fee that varies; accounts with
lower load factors have higher costs. What concerned me most was the price had steadily increased from $0.00935 in
January 2006 to $0.06 in June 2006 and fluctuated until September, ending with $0.045.
On September 12, 2006, staff attended another meeting with H-GAC to receive an update on their program. H-GAC now
allows entities to request pricing from other entities under their contract, including GLO.
Since the City of La Porte must sign a resolution exclusively with GLO or H-GAC to act as ow' agent, staff recommend
signing with H-GAC and include GLO in the pricing request. CGP Solutions, at the City's request, will verify all
accounts with current suppliers to ensure correct load and usage is requested during the pricing process.
If Council agrees, this resolution will be brought to the October 9, 2006 meeting.
q -cU;-D 0
Date
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 25. 2006
Requested By, Rodney Slaton ' t, ~
Department: Plannme
Appropriation
Source of Funds:
NA
Account Number:
NA
Report: ~Resolution: _Ordinance:_
Amount Budgeted:
NA
Budgeted Item:
NA
NA
Exhibits: F216 Project Layout
Pictures of Similar Concept
95% Engineering Design
Amount Requested:
SUMMARY & RECOMMENDATION
The target area for the F216 Drainage Project is outlined on Enclosure 1. As previously submitted to Council in April 2006 the overall
concept was revisited with the engineering consultant (Binkley & Barfield) and hydrologic models were run anticipating utilizing
more storage area in the downstream areas thereby decreasing the amount of excavation upstream. This would have allowed for more
park area in the upstream portion of the project. However, the aforementioned models run by the consultant did not yield the
anticipated storage volumes so the concept was rejected. The purpose of the storage was to decrease the 100-year flood plain width in
the upstream areas ofF216, most notably around Barbours Cut Boulevard.
The present design utilizes most all of the City's property from SH 146 upstream approximately 2,700 linear feet. It also shifts the
existing flowline of F216 over in order to maximize the amount of cut for storage. This shift in stream flowline will increase the
amount of coordination with Army Corps of Engineers (USACE) as well as lengthen the permitting process.
It is possible to have a trail system along both the shelf and top bank of the proposed detention facility as well benches and equipment
along the bank slopes. The gentle slope of the bank slope lends itself to this concept. However, the rustic nature of the existing
stream will be temporarily eliminated due to the shifting of the stream flowline. It will not have a natural look to it. Although there
are not many trees along the waterline the present state of F216 does have a natural feel to it. However, the proposed alignment of
F216 will still have a meandering course and with planting of trees will approach what is presently there in time nature will reclaim
what was lost in the excavation process.
Action Required bv Council:
1. Review the attached concept and provide Staff with direction.
Approved for City Council Aeenda
Cf -df)-o ~
Date
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
9-20-06
1Z..L~
Appropriation
Requested By: Rohert Swanaean
Source of Funds:
Department: HumaR ReliQUn:eli
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
N/A
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Request for a report presentation be made to City Council by the Mercer Group regarding Employee
Compensation Study at the September 25,2006 City Council Meeting.
Action Required bv Council:
Receive report from the Mercer Group and provide staff with direction.
91 c)j ~() ~
Date
EXHIBIT I-POSITION LISTING
EMS PAY PLAN
PAY
GRADE MINIMUM MIDPOINT MAXIMUM
EMS 1 $37,401.00 $64,516.73 $54,231.45
PARAMEDIC I
EMS 2 $40,019.07 $69,032.90 $58,027.65
PARAMEDIC II
EMS 3 $42,820.40 $73,865.19 $62,089.58
PARAMEDIC III
EMS 4 $45,817.83 $79,035.76 $66,435.85
SHIFT SUPERVISOR
EMS 5 $49,025.08 $84,568.27 $71,086.37
ASSISTANT EMS CHIEF
Preliminary Recommendations
September 25,2006
Page 1
City of La Porte
The Mercer Group, Inc.
EXHIBIT I-POSITION LISTING (Continued)
FIRE PAY PLAN
PAY
GRADE
MINIMUM
MIDPOINT MAXIMUM
FIRE!
$42,692.00
FIRE ENGINEER
$48,028.50 $53,365.00
Preliminary Recommendations
September 25, 2006
Page 2
City of La Porte
The Mercer Group, Inc.
EXHIBIT I-POSITION LISTING (Continued!
GENERAL PAY PLAN
PAY
GRADE MINIMUM
MIDPOINT MAXIMUM
53
$20,603.16 $25,753.95 $30,904.74
ADMINISTRATIVE AIDE
CUSTODIAN-SYLVAN BEACH
INSPECTION SERVICES TECHNICIAN
CLERK
WASTE TECHNICIAN
$22,045.38 $27,556.73 $33,068.07
CUSTOMER SERVICE REPRESENT A TIVE
P ARTS ASSISTANT
THERAPEUTIC REC. ASSISTANT
$23,588.56 $29,485.70 $35,382.84
ADMINISTRATIVE ASSISTANT I
EQUIPMENT OPERA TOR I
MAINTENANCE TECHNICIAN I
BUILDING MAINTENANCE TECHNICIAN
RECORDS TECHIDEPUTY CLERK
TAX SERVICE CLERK
$25,239.76 $31,549.70 $37,859.64
ASSIST ANT RECREATION THERAPIST
DEPUTY COURT CLERK
DISP A TCHER
EVIDENCE CUSTODIAN
FITNESS CENTER SPECIALIST
GOLF COURSE MAINTENANCE TECHNICIAN
HUMAN RESOURCE SPECIALIST I
LEAD CUSTODIAN-SYLVAN BEACH
MECHANIC ASSIST ANT
METER READER
P ARKS AND RECREATION CUSTOMER ASSIST ANT I
UTILITY OPERATOR I
$27,006.54 $33,758.18 $40,509.81
EQUIPMENT OPERATOR II
FINANCIAL SERVICES TECHNICIAN
GOLF COURSE-CART MECHANIC
MOSQUITO CONTROL TECHNICIAN
P ARK MAINTENANCE TECHNICIAN II
P ARKS AND RECREATION CUSTOMER ASSIST ANT II
RECREATION ASSISTANT - E.K.
RECREATION ASSISTANT-FAIRMONT
50
51
52
54
Preliminary Recommendations
September 25,2006
Page 3
City of La Porte
The Mercer Group, Inc.
EXHIBIT I-POSITION LISTING (Continued)
GENERAL PAY PLAN (Continued)
PAY
GRADE
54
55
56
57
MINIMUM MIDPOINT MAXIMUM
$27,006.54 $33,758.18 $40,509.81
RECREATION ASSISTANT-JR
SENIOR SERVICES ASSISTANT II
SYLVAN BEACH EVENT COORDINATOR
THERAPEUTIC REC. SPECIALIST
TIRE TECHNICIAN
UTILITY BILLING ASSISTANT I
WAREHOUSE COORDINATOR
WATER PRODUCTION TECH
$28,897.00 $36,121.25
ANIMAL CONTROL OFFICER
CHIEF DEPUTY COURT CLERK
MECHANIC
UTILITY OPERATOR II
$30,919.79 $38,649.74
ASSIST ANT FIRE MARSHAL
CODE ENFORCEMENT OFFICER
CRIMINAL INVESTIGATIONS SPECIALIST
GOLF COORDINATOR
HUMAN RESOURCES SPECIALIST III
LIFT STATION OPERATOR
MULTI-MEDIA TECHNICIAN
POOLS MAINTENANCE TECHNICIAN
VICTIMS ASSISTANCE LIAISON
$33,084.18 $41,355.23
CITY MARSHAL
DEPUTY TAX COLLECTOR
EQUIPMENT OPERA TOR III
FACILITY MAINTENANCE TECHNICIAN
GIS TECHNICIAN
INSPECTION SERVo COORDINATOR
INSPECTOR I
METER READER SUPERVISOR
P ARK MAINTENANCE TECHNICIAN III
P ARTS MANAGER
SENIOR ANIMAL CONTROL OFFICER-PROPOSED POSITION
SENIOR GOLF COURSE MAINTENANCE TECHNICIAN
LIFT STATION OPERATOR
SR. FINANCIAL SERV.TECHNICIAN
$43,345.50
$46,379.69
$49,626.27
Preliminary Recommendations
September 25,2006
Page 4
City of La Porte
The Mercer Group, Inc.
EXHIBIT I-POSITION LISTING (Continued),
GENERAL PAY PLAN (Continued)
PAY
GRADE MINIMUM MIDPOINT MAXIMUM
61
$33,084.18 $41,355.23 $49,626.27
SUPERVISORY ADMINISTRATIVE ASSISTANT
UTILITY MAINTENANCE OPERATOR III
WATER PRODUCTION OPERATOR II
$35,400.07 $44,250.09 $53,100.11
ACCOUNTANT
BUYER
DISPATCH SUPERVISOR
EXECUTIVE ASSIST ANT
HUMAN RESOURCES ANALYST
MECHANIC III
SENIOR SERVICES PROGRAM COORDINATOR
UTILITY MAINTENANCE OPERATOR III
UTILITY OPERA TOR III
W ASTEW A TER- TREATMENT PLANT OPERA TOR II
$37,878.07 $47,347.59 $56,817.11
ACCOUNTING COORDINATOR
COMPUTER SUPPORT SPECIALIST
ENGINEERING TECHNICIAN
GOLF COURSE MECHANIC
INSPECTOR II
$40,529.53 $50,661.92 $60,794.30
AQUATIC/SPECIAL EVENT COORDINATOR
ASSISTANT CITY SECRETARY
ENGINEERING TECHNICIAN COORDINATOR
MANAGEMENT ASSIST ANT
POLICE COMPUTER SYSTEMS SPECIALIST
RECREATION PROGRAMS COORDINATOR
SECOND ASST. GOLF PRO
SR. TREATMENT PLANT OPERATOR
SURVEY PARTY CHIEF
$43,366.60 $54,208.25 $65,049.90
ANIMAL CONTROL SUPERVISOR
BUDGET/INVESTMENT OFFICER
FACILITY MAINTENANCE SUPERVISOR
FIRST ASSIST ANT GOLF PRO
PARK MAINTENANCE SUPERVISOR
SOLID WASTE SUPERVISOR
57
58
59
60
Preliminary Recommendations
September 25,2006
Page 5
City of La Porte
The Mercer Group, Inc.
EXHIBIT I-POSITION LISTING (Continued),
GENERAL PAY PLAN (Continued)
PAY
GRADE MINIMUM MIDPOINT MAXIMUM
67
$46,402.26 $58,002.83 $69,603.39
RECREATION THERAPIST
SAFETY/LOSS PREVENTION COORDINATOR
STREET MAINTENANCE SUPERVISOR
UTILITY SUPERVISOR
WATER PRODUCTION SUPERVISOR
$49,650.42 $62,063.03 $74,475.63
CAPIT AL IMPROVEMENT COORDINATOR
COMPUTER SYSTEM ADMINISTRATOR
COURT ADMINISTRATOR
DEPUTY BUILDING OFFICIAL
EQUIPMENT SERVICES SUPERVISOR
GIS MANAGER
REVENUE MANAGER
TAX MANAGER
$53,125.95 $66,407.44 $79,688.93
ASST. UTILITY SUPERINTENDENT
DOWNTOWN REDEVELOPMENT COORDINATOR
FIRE MARSHAL
GOLF COURSE SUPERINTENDENT
RECREATION SUPERINTENDENT
SPECIAL SERVICES SUPT.
TREATMENT PLANT SUPERVISOR
$56,844.77 $71,055.97 $85,267.16
EMERGENCY MANAGEMENT COORDINATOR
EQUIPMENT SERVICES SUPERINTENDENT
P ARKS AND RECREATION OPERATIONS MANAGER
STREET MAINTENANCE SUPERINTENDENT
SUPERINTENDENT OF PARK MAINTENANCE
UTILITY SUPERINTENDENT
$60,823.90 $76,029.88 $91,235.85
CITY PLANNER
CONTROLLER
PURCHASING MANAGER
$65,081.57 $81,351.97 $97,622.36
CHIEF BUILDING OFFICIAL
GOLF COURSE MANAGER
62
63
64
65
66
Preliminary Recommendations
September 25, 2006
Page 6
City of La Porte
The Mercer Group, Inc.
EXHIBIT I-POSITION LISTING (Continued)
GENERAL PAY PLAN (Continued)
PAY
GRADE
68
69
70
71
72
73
MINIMUM MIDPOINT MAXIMUM
$69,637.28 $87,046.60 $104,455.92
ASST. PUBLIC WORKS DIRECTOR
$74,511.89 $93,139.87 $111,767.84
CITY ENGINEER
CITY SECRETARY
HUMAN RESOURCES DIRECTOR
IT DIRECTOR
$79,727.72 $99,659.65
ASSISTANT FIRE CHIEF
EMS CHIEF
$85,308.66 $106,635.83
DIRECTOR OF FINANCE
DIRECTOR OF PARKS & RECREA nON
$91,280.27 $114,100.34 $136,920.41
DIRECTOR OF PLANNING
DIRECTOR OF PUBLIC WORKS
POLICE CHIEF
$97,669.89 $122,087.37
ASSIST ANT CITY MANAGER
$119,591.58
$127,962.99
$146,504.84
Preliminary Recommendations
September 25,2006
Page 7
City of La Porte
The Mercer Group, Inc.
POLICE PAY PLAN
PAY
GRADE
POLICE 1
POLICE 3
POLICE 5
EXHIBIT I-POSITION LISTING (Continued),
MIDPOINT
$46,681.58
MAXIMUM
$53,634.15
MINIMUM
$39,729.00
DETECTIVE
DETECTIVE - CID
PATROL OFFICER
PATROL OFFICER-DOT
IA DETECTIVE
CRIMINAL INVESTIGATION
J.D. OFFICER
SPECIAL OP. DETECTIVE
SPECIAL OPERATIONS OFFICER
LPISD OFFICER
CRIME PREVENTION OFFICER
$52,879.30 $62,133.18
PATROL SERGEANT-SHIFT
SERGEANT -CID
SERGEANT-SUPPORT SERVICES
SERGEANT -SPECIAL OPERATIONS
$63,983.95 $75,181.14 $86,378.33
ASSISTANT POLICE CHIEF
LIEUTENANT - CID
LIEUTENANT -P A TROL
LIEUTENANT -SUPPORT SERVICES
$71,387.06
Preliminary Recommendations
September 25, 2006
Page 8
City of La Porte
The Mercer Group, Inc.
COMPENSATION AND
CLASSIFICATION STUDY
PRELIMINARY REPORT FOR
THE CITY
OF
LA PORTE, TEXAS
September 25, 2006
COMPENSATION AND CLASSIFICATION STUDY
PRELIMINARY REPORT FOR
THE CITY OF LA PORTE, TEXAS
I. BACKGROUND AND SCOPE OF SERVICES
The Mercer Group, Inc. was retained by the City of La Porte, Texas to conduct a Compensation
and Classification Study.
BACKGROUND
The City of La Porte is a home rule city with a Council- manager type of government. The City
provides a full array of services to a population of approximately 33,000 citizens. The City is
governed by a nine-member Council, which is responsible for setting City operating policies,
creating needed ordinances, and balancing the City's annual budget.
The City Manager is the chief administrative officer for the City. The City employs
approximately 400 full-time employees and part-time employees within eight (8) departments.
The last major compensation and classification study was performed in 2001.
The City of La Porte has approximately 171 different classifications. City employees receive an
evaluation and merit increase after successful completion of six month and on an annual basis
thereafter.
GOALS AND OBJECTIVES
~ Accurately reflects value the City of La Porte places on jobs, both internally and compared to
market.
~ Provides method by which the City can establish future pay plans.
~ Results in higher level of satisfaction that work is compensated fairly.
~ Improved productivity.
~ Provides flexibility for managers to reward deserving employees.
SCOPE OF SERVICES
As stated by the City, Services include, but not be limited to:
~ Work with City Staff to identify a market position and pa philosophy for the City of La Porte;
consider and study both internal and external equity.
~ Identify a survey labor market and benchmark classifications and conduct a customized
market survey of appropriate labor markets.
~ Review current salary structures as to the number of salary schedules, number of pay grades,
internal between pay grades, ranges of pay grades, and make written recommendations.
Preliminary Report
The Mereer Group. Ine.
September 25. 2006
Compensation and Classification Study
City of La Porte, Texas
Page 2
)0> Allocate positions to the proper classifications by analyzing job descriptions by interviewing
incumbent employees if necessary. Any requests for confidentiality must be respected.
)0> Meet with City representatives to discuss proposed plan. Review as necessary and
recommend implementation strategies.
)0> Present final plan to City Council.
)0> Provide staff training on maintenance of the revised system.
)0> Provide maintenance manuals for future in-house job analyses and adjustment of
compensation levels.
)0> Provide report for an adverse impact analyses.
Optional Services:
)0> Provide a projection of job turnover in strategic positions
)0> Review part-time salary structure
)0> Recommend salary compensation for contract employees
II. METHODOLOGY
The Mercer Group, Inc. methodology for classification and compensation studies is a
combination of specific internal and external data which places the salary schedule into parity
with the defined market and each position into parity with all other positions. From this internal
and external data pay levels are determined, positions are classified and placed into the salary
schedule, and ongoing methods of maintaining the system are developed.
Detailed descriptions of the methodologies are described below.
A. Classification Methodology
The classification process began with orientation. Each department head had an
individual orientation session to review their department structure, discuss areas of
concern, and study methodology. Group employee orientation sessions were also
conducted reviewing the study methodology, the employee's role in the study and
distribution of Position Questionnaires. All employees were provided questionnaires
regardless of their ability to attend orientation. The completed questionnaires provide
detailed information on the requirements and responsibilities of each job. The
questionnaire contains comments from the employees' direct supervisor and department
head to clarify any issues.
Position Questionnaires were submitted by City of La Porte employees covering 100% of
all positions. The questionnaires were reviewed by The Mercer Group staff and were
followed by a series of interviews covering 100% of positions.
The combination of questionnaire and interview ensures a thorough understanding of
each position. That understanding is critical, as it becomes the basis for the rating of each
position using a Factor Evaluation System.
Preliminary Report
The Mercer Group, Ine.
September 23,2006
Compensation and Classification Study
City orLa Porte, Texas
Page 3
The Mercer Group, Inc. Factor Evaluation System (FES) is used to provide a numerical
rating for all positions within the City of La Porte.
Factor evaluation systems provide a method of classifying positions based on the work
performed. The systems generally are easy to understand and apply and can be used to
classify and re-classify both permanent and part-time positions.
In developing the factor system used by the Mercer Group the following principles are
applied:
. Important elements of each job should be measured by consistent factors.
. The factors must be explainable and clearly defined.
. Factors should relate to observable and measurable aspects of the job.
. Factors should relate to the business of the organization, i.e. local government.
. The number of factors should be limited for administrative ease but should
reflect all aspects of the positions rated.
The factors used in the Mercer FES are:
Factor 1 - Knowledge Required:
Assigns points based on skills, knowledge, and educational level required by the
job.
Factor 2 - Supervisory Controls:
Points are assigned based on the nature and extent of direct supervision required
over the position.
Factor 3 - Supervision Exercised:
Measures the amount of supervision or management exercised by the position.
Factor 4 - Guidelines:
Measures the nature of existing guidelines and the judgment needed to apply
them.
Factor 5 - Complexity:
Measures the nature, number, variety and intricacy of tasks, steps or processes in
the work performed by the position.
Factor 6 - Scope and Effect:
Compensation and Classification Study
City of La Porte. Texas
Page 4
Preliminary Report
The Mercer Group. IDe.
September 2:i. 2006
Measures the nature of the work and its effect both inside and outside the
organization.
Factor 7 - Personal Contacts:
Measures contacts with co-workers, the public and others required in performing
the duties of the position.
Factor 8 - Purpose of Contacts:
Measures the level of informational exchange in the personal contacts identified
in Factor 7.
Factor 9 - Physical Demands:
Includes physical characteristics and abilities needed as well as the level of
exertion required in performing the duties of the position.
Factor 10 - Work Environment:
Considers the risks and discomforts in the physical surroundings.
Every position in the City of La Porte was rated using the system. Those ratings were
then used to determine where each position fit in the salary schedule. This process
provided for internal equity.
B. CompensationlMarket Survey Methodology
The Compensation/Market Survey is a data-collection process which ensures a fair and
equitable comparison of the pay structure. The result of this process is the accurate
comparison of the City of La Porte pay plan with the pay plans of comparable
organizations.
The primary objective of the market survey and analysis is to determine how the
compensation levels for the City of La Porte's job classes compare to that of similar
employers with whom the City must compete for employees.
The results of the market survey are used to accurately connect the City of La Porte's pay
plan to the marketplace, ensuring the ability of the City to recruit and retain qualified
employees and to provide an effective basis for managing salary costs.
By combining the market survey data with the point factor system described above, both
external equity and internal salary relationships are reflected in the resulting salary setting
process.
Market Survey Employer Selection
Preliminary Report
The Mercer GI'OU~ Ine.
September 2:i. 2006
Compensation and Classification Study
City of La Porte, Texas
Page :i
The employers selected for the market survey should define as accurately as possible the
"Labor Market" within which the City of La Porte competes. Organizations were
selected using the following criteria:
Geographic Proximity - Comparison organizations located within a reasonable
commuting distance were selected. Selecting employers in relatively close geographic
proximity ensures that the market will reflect the City of La Porte's cost of living, growth
rate and other demographic characteristics.
Nature o/Services Provided - Organizations were selected which provide a similar range
of services, these organizations are most likely to compete with each other for employees,
likely to have comparable jobs, and are likely to have similar organizational structures.
Each of these factors was taken into consideration in the identification of an appropriate
labor market for the City of La Porte. City employees and management assisted in the
identification of market organizations.
The organizations from which survey data was obtained are:
Baytown
Brazoria County
Chambers County
Friendswood
Galveston City
Galveston County
Houston
League City
Pasadena
Pearland
Village Fire Department
Two Plants Responded
Survey Benchmark Position Selection
The second step in preparing for the market survey is the identification and selection of
Benchmark positions. The benchmark positions are a representative sample of all
positions contained in the City of La Porte's classification system and provide a reference
point for developing salary recommendations for all non-benchmark positions.
Benchmark positions are those which meet the following criteria:
PreUminary Report
The Mercer Group, Ine.
September 2:',2006
Compensation and Classification Study
City of La Porte, Texas
Page 6
. Well-defined positions presumed to exist within the local government and
private organizations which are to be surveyed;
. Encompass a variety of skill levels within the organization;
. Reasonably well known and understood positions which are clearly and
concisely described;
. Represent a variety of pay levels within the organization.
The benchmark positions selected for the comparison survey are listed below:
Benchmark Positions
Accountant
Animal Control Officer
Buyer
Chief Building Official
City Engineer
City Planner
Community Service Inspector
Computer System Administrator
Custodian II
Customer Service Clerk
Deputy Court Clerk
Director of Public Works
Dispatcher
Engineering Technician
Equipment Operator I
Financial Services Technician
Assistant Director of Finance
Fire Engineer
GIS Technician
Golf Course Superintendent
Human Resources Specialist III
Inspector I
Prelhninary Report
The Mefter Group, Ine.
September 25,2006
Compensation and Classification Study
City of La Porte, Texas
Page 7
Mechanic
Office Coordinator
Paramedic I
Park Maintenance Worker I
Patrol Officer - Dot
Patrol Sergeant
Recreation Programs Coordinator
Secretary I
Secretary IV
Shift Supervisor
Solid Waste Worker
Street Maintenance Supervisor
Treatment Plant Operator II
III. FINDINGS
A. Classification
During the orientation phase of the study all employees received a Position Questionnaire
requesting details of their particular positions relating to the ten industry accepted factors of their
jobs, plus a discussion section in which the employee was requested to present any additional
information or opinions concerning the duties or conditions of the position. Position
questionnaires were completed by employees and submitted for review by supervisors and
management. The Mercer Group completed interviews based on information contained in the
questionnaires with employees either individually or in small groups, thereby acquiring detailed
information on all City of La Porte positions.
During the interview process, one hundred thirty-eight (138) possible separate position
classifications were identified and assigned a "Factor Reference". The Factor Reference is an
identification used during the administration of the Factor Evaluations System to identify
potentially unique positions. Through the administration of the Factor Evaluation System, this
number was reduced.
B. Salary Compensation
At the inception of the project, the City of La Porte maintained four pay plans with:
· General Pay Plan: The General Pay Plan consisted of 39 levels with approximately a
4% spread between grades and a 50% from minimum to maximum. As a result of
thorough analysis we recommend a minimum, midpoint, maximum system containing
PreHminary Report
The Mercer Group, IDe.
September 2:i, 2006
Compensation and Classification Study
City of La Porte, Texas
PageS
24 grades, having a spread of 7% between grades, and a 50% spread minimum to
maxtmum.
. EMS Pay Plan: The EMS Pay Plan consisted of 5 levels with a variety of spreads
between grades and variety a spread from minimum to maximum ranging from 36%
to 50%. As a result of thorough analysis we recommend a minimum, midpoint,
maximum system containing 5 grades, having a spread of 7% between grades, and a
45% spread minimum to maximum.
. Police Pay Plan: The Police Pay Plan consisted of 5 levels with a variety of spreads
between grades and variety a spread from minimum to. As a result of thorough
analysis we recommend a minimum, midpoint, maximum system containing 6 grades
(one unused grade), having a spread of 10% between grades, and a 35% spread
minimum to maximum.
. Fire Pay Grade: The Fire Pay Grade consisted of one grade with a 50% spread. We
recommend one grade with a 25% spread.
Through analysis and consultation with employees, and management, an extensive list of
comparable organizations was chosen to be surveyed regarding the minimum, midpoint, and
maximum salary offered for the benchmark positions. The Mercer Group, Inc. was able to obtain
information from thirteen (13) of the comparable organizations. In addition, data was obtained
on thirty (30) benchmark positions. This totals approximately 181 pieces of minimum salary
data. Using this survey data, The Mercer Group identified an overall pay scale against which the
City of La Porte is competing for all employees. (No individual employee's pay is directly
determined by this survey data, nor is it accurate to compare an employee's actual salary with
individual or aggregate salary information obtained for a particular benchmark position.)
The new pay plan was developed to place the City in a more competitive position. The new pay
plans places the City of La Porte in approximately the fifth percentile of the market.
Once all positions were analyzed and factored and the pay plans were developed, the positions
were grouped into pay grades as indicated by total factor scores. New Titles listed by New Pay
Grade can be found in Exhibit I.
Preliminary Report
The Mercer Group, Inc.
September 23.2006
Compensation and Classification Study
City of La Porte, Texas
Page 9
IV. SPECIAL PROVISIONS AND RECOMMENDATIONS
Following extensive discussions and deliberation, The Mercer Group, Inc. offers the
following provisions and recommendations:
A. Hiring OtTer
We recommend allowing hiring up to the Midpoint of a salary grade with
recommendation from a Department Head and approval from the Human Resources
Director and the City Manager for applicants with qualifications exceeding the stated
minimum for the position.
B. Annual Market Adjustment
We recommend the City make annual adjustments to the Pay Plans based on annual
analysis of the CPI, wage indices and other compensation trend indicators as well as
budgetary conditions. Upon receipt of this data, the Council would vote annually on
the applicability and ability of the City of La Porte to apply a market adjustment to the
salary structure.
C. Employee Promotions or Transfers
We recommend that if an employee is transferred or promoted to a position in a
higher classification (grade), the employee will receive the minimum rate of pay for
the new classification or an increase of 7%, whichever is greater.
D. Market Impact Positions
We recommend the designation of certain positions as "Market Impact Positions"
based on the following criteria:
1. High turnover rate
2. Difficulty in recruiting candidates
3. Difficulty in filling the position
The Department Heads shall identify positions meeting these criteria and recommend
them to the City Manager for "Market Impact" designation.
For positions so designated:
1. Conduct market survey of salaries being offered and paid by other organizations
2. Identify the market rate for the position.
3. Raise the hiring rate for the position to the market rate.
Preliminary Deport
The Mercer Group, Ine.
September 2~, 2006
Compensation and Classification Study
City of La Porte, Texas
Page 10
For Positions so designated in which there are also incumbents in addition to
vacanCIes:
Raise the current salary of the incumbent by the same percentage as calculated
between the old hiring rate and the new market rate, only for incumbents whose most
recent job performance evaluation is at or above the level of "Meets Expectations," or
other applicable salary adjustments based on additional certifications or
qualifications.
If the incumbent initially fails to qualify for this market adjustment but is evaluated at
a later date as "Meets" or above, the incumbent's salary shall be adjusted to the full
market percentage as of the date of the most recent evaluation. This provision applies
only as long as the position remains designated as a "Market Impact Position".
Positions designated as "Market Impact" will be reviewed at least annually for the
designation to be renewed or discontinued. In cases where the status is discontinued,
all salary adjustments awarded as a result of the status will remain in force. No future
salary adjustments will be awarded based on "Market Impact" designation unless the
position is re-designated as "Market Impact" at a future date.
We current do not recommend any current positions be designated as Market Impact
at this time.
E. FLSA
Upon finalization of the pay system we will be recommendations for those positions
which should be designated through the Fair Labor Standards Act as Exempt from
overtime.
One of the following criteria must be met for each exemption:*
. Exempt-Administrative: 1) Office or Non-manual position related to
management policies or general business operations; and 2) Uses discretion
and independent judgment; and 3) Performs, only under general supervision,
specialized or technical work requiring special training, experience, or
knowledge; and 4) Is compensated on a salary or fee basis.
. Exempt-Executive: 1) Management; and 2) Directs 2 or more employees;
and 3) Recommends employee status; and 4) has discretionary powers; and
4) is compensated on salary basis; and 5) spends at least 51 % of hislher time
performing supervisory and management related duties.
. Executive-Professional: 1) Advanced knowledge acquired by prolonged
course of specialized intellectual instruction and study (not general academic
instruction or apprenticeship.); and 2) Uses discretion and judgment; and 3)
Intellectual and varied work; and 4) Is compensated on salary or fee basis.
Compensation and Classification Study
City of La Po~ Texas
Page II
Preliminary Report
The Hefter Group, Ine.
September 2:',2006
F. Fluid Positions
Upon fmalization of the pay systems we may recommend some positions be
considered Fluid Positions. When the department head is satisfied that the employee
has met the qualification for the next level, the department head can then recommend
to the Human Resources Director and the City Manager that the employee be
promoted to the position regardless of vacancies.
In the event of a vacancy in any Fluid Position, the new hire would be placed into the
position for which they currently hold the qualifying certification.
G. Performance Evaluation System
To reward exceptional performance and excellence as well as to avoid compression of
salary structure resulting in newly hired employees being paid almost as much as
veteran employees in the same position, we recommend the use of a performance
driven merit pay system.
In the future when employees are at the maximum of their salary range and deserving
merit pay, award the merit pay in a lump sum.
Preliminary Report
The Mercer Group. Ine.
September 2~. 2006
Compeusation and C1assifieation Study
City of La Porte. Texas
P~12