HomeMy WebLinkAbout2007-05-21 Special Called Regular Meeting, Public Hearing and Workshop Meeting of LP City Council
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A
MINUTES OF SPECIAL CALLED REGULAR MEETING, PUBLIC HEARING AND
WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
May 21, 2007
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,
Louis Rigby, Barry Beasley, Howard Ebow, Mike Clausen and Chuck Engelken.
Members of Council Absent: Mike Mosteit.
Members of City Executive Staff and City Employees Present: Assistant City Attorney
Clark Askins, Interim City Manager John Joerns, Public Works Director Steve Gillett,
Planning Director Wayne Sabo, Secretary Martha Gillett, Interim Finance Director Michael
Dolby, Operations Manager Marlene Rigby, Economic Development Coordinator Gretchen
Black, City Engineer Rodney Slaton, Accountant Lorie Doughty, Emergency Management
Coordinator Jeff Suggs, Purchasing Manager Susan Kelley, Intern Mike Stokes, Assistant
EMS Chief Lisa Camp, Risk Manager Bill Rankin, Judge Mitrano, Lieutenant Ron Parker,
Police Chief Richard Reff, Secretary III Susan Felty, EMS Chief Lisa Camp, Paramedic
Nolan Hoyt, Paramedic Darrell Fales and EMS Supervisor Jason Peugeot.
Others Present: Dottie Kaminski, Shar Lynch, Leslie Guzman, Neil Welch, Trent Wise,
Russell Plank, Jay Dunham, John Handy, Horace Leapord, Cecil Redd, Margo White, Kelly
Rote, Cindy Lingron, Leonel Garcia, Cindy Montgomery, Chris Thomaren and other
citizens.
2. Reverend Alan Neel of Life Community Church of La Porte delivered the Invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENT A TrONS / PROCLAMA TrONS
A. Mayor Porter presented Emergency Medical Services Week proclamation to
Assistant EMS Chief Lisa Camp, Paramedic Nolan Hoyt, Paramedic Darrell Fales
and EMS Supervisor Jason Peugeot.
B. Mayor Porter presented the City of La Porte "Peer Review Safety Award" to Safety
Loss Prevention Coordinator Bill Rankin, Purchasing Manager Susan Kelley,
Accounting Coordinator Lorie Doughty, Park Maintenance Worker II Eddie Weber,
Equipment Operator Kevin Barnes and Support Services Lieutenant Ron Parker.
5. Council to consider approval or other action regarding an ordinance declaring the results of
the City of La Porte Election held on May 12,2007.
Assistant City Attorney Clark Askins presented summary and recommendation and
answered Council's questions.
City Council Special Called Regular Meeting, Public Hearing and Workshop Meeting -May 21, 2007
Page 2
Assistant City Attorney read: ORDINANCE 2985 - AN ORDINANCE DECLARING THE
RESULTS OF THE ELECTION HELD IN THE CITY OF LA PORTE ON MAY 12,2007.
FOR THE ELECTION OF A COUNCILPERSON AT-LARGE-POSITION A;
COUNCILPERSON DISTRICT 4; AND COUNCILPERSON DISTICT 5; CALLING A
RUNOFF ELECTION FOR SA TURDA Y, JUNE 16,2007; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilmember Barry Beasley to approve Ordinance 2985 as
presented by Mr. Askins. Second by Councilmember Chuck Engelken. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen and Porter
Nays: None
Abstain: None
Absent: ~ (() OO-re I +-
6. Presiding Judge Denise Mitrano administered Oaths of Office to the newly appointed
Councilmember District 4 and Councilmember District 5 as presented.
7. Consent Agenda
A. Consider approving Minutes of the City Council Retreat meeting of La Porte City
Council held on April 14, 2007, Minutes of the Special Called Regular Meeting,
Public Hearing and Workshop Meeting of La Porte City Council held on April 16,
2007 and Minutes of a Regular Meeting and Workshop Meeting ofthe La Porte City
Council held on April 23, 2007.
B. Council to consider approval or other action authorizing the Interim City Manager to
execute a contract with Cobb Findley and Associates to provide professional
engineering services for concrete street replacement and asphalt overlay in the
amount of $45,000.00.
C. Council to consider approval or other action authorizing the Interim City Manager to
execute a contract with Mar-Con Services LLC.; In the amount of $385,466.00 for
the construction of the project, authorizing $19,273.00 for contingency, and
appropriating an additional $43,749.00 from the 2005 Certificates of Obligation
Fund 045.
D. Council to consider approval or other action regarding an ordinance amending the
Fiscal Year 2006-2007 Budget.
E. Council to consider approval or other action regarding an ordinance vacating,
abandoning and closing the alley in Block 682, La Porte.
F. Council to consider approval or other action regarding awarding RFR#07508 Audio
Visual Equipment.
G. Council to consider approval or other action approving utilization of an interlocal
agreement and purchase of EOC computer equipment through State of Texas
Department of Information Resources.
Lity l.:ouncU :SpeCiall.:alled Kegular Meeting, Public nearing and WorKShop Meeting -May Zl, ZUU7
Page 3
H. Council to consider approval or other action regarding an ordinance authorizing the
City of La Porte to enter into an Industrial District Agreement with North Bayport
Industrial Park II, Ltd. for Reserve "B".
1. Council to consider approval or other action regarding an ordinance authorizing the
City of La Porte to enter into an Industrial District Agreement with North Bayport
Industrial Park II Ltd. for Reserve "F".
J. Council to consider approval or other action regarding an ordinance authorizing the
Interim City Manager to execute into a Utility Extension Agreement with North
Bayport Industrial Park II, Ltd. for utility service to Bayport North Industrial Park II.
K. Council to consider approval or other action regarding an ordinance and
Reimbursement Service Agreement between the City of La Porte Economic
Development Corporation for necessary staff services.
Council member Rigby requested item D. be voted on separately after item 10.
Motion was made bv Council member Mike Clausen to approve the consent agenda as
presented with the exception of item D. Second by Council member Chuck Engelken.
Motion carried.
Ayes: Moser, Beasley, Engelken, Clausen, Ebow, Rigby, and Porter.
Nays: None
Abstain: None
Absent: Nofte (h D6-te t+
8. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA.
Leslie Guzman - P.O. Box 1533 - Shady Oaks support from the Mayor and Council to
assist Homeowners with Bayport Issues & addressed buyouts as remedies.
9. Council to consider approval or other action regarding an ordinance authorizing the sale of
$8.075 million in Certificates ofObligation Series 2007.
Assistant City Attorney Clark Askins presented summary and recommendation and
answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2989 - AN ORDINANCE
AUTHORIZING THE ISSUANCE OF CITY OF LA PORTE, TEXAS CERTIFICATES OF
OBLIGATION, SERIES 2007; AND CONTAINING OTHER MATTERS INCIDENT
THERETO.
Motion was made by Councilmember Howard Ebow to approve Ordinance 2989 as
presented bv Mr. Askins. Second by Councilmember Chuck Engelken. The motion carried.
Ayes: Ebow, Engelken, Beasley, Clausen and Porter
Nays: Rigby & Moser
Abstain: None
Absent: ~ IYJ 0 c>te ;1
City Council Special Called Regular Meeting, Public Hearing and WorJ{Sl1op Meeting -May U, ZUU7
Page 4
10. Council to reconsider and approve RFR #07501 for Stop Loss Insurance to American Stop
Loss utilizing Combined Insurance Company.
Interim Finance Director Michael Dolby and Neal Welch presented summary and
recommendation and answered Council's questions.
Motion was made by Councilmember Louis Rigby to approve RFR #07501 as presented by
Mr. Dolby. Second by Councilmember Barry Beasley. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen and Porter
Nays: None
Abstain: None
Absent: ~ tY1 0 Gte ;J
Consent Item D: Motion was made by Councilmember Barry Beasley to approve as
presented. Second by Councilmember Howard Ebow. Motion Carried.
Ayes: Ebow, Engelken, Beasley, Clausen and Porter
Nays: Rigby, Moser,
Abstain: None
Absent: ~ f{'. D6te ',j
11. Council to consider awarding a bid for Basic Life and AD&D Insurance as recommended.
Council to reconsider and approve RFR #07507 for Stop Loss Insurance to American Stop
Loss utilizing Combined Insurance Company.
Interim Finance Director Michael Dolby presented summary and recommendation and
answered Council's questions.
Motion was made by Councilmember Mike Clausen to approve RFR #07507 as presented by
Mr. Dolby. Second by Councilmember Tommy Moser. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen and Porter
Nays: None
Abstain: None . l
Absent: ,N6fte rY\ l?~e tA
12. Public Hearing - Council to consider approval or other action on recommendation of
Planning & Zoning Commission to approve Rezone request #R07-003, rezoning 1.3 acre
tract from Planned Unit Development (PUD) to Neighborhood Commercial (NC).
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:40 p.m.
Planning Director Wayne Sabo presented summary and recommendation and answered
Council's questions.
Public Input: There were no citizens wishing to provide input.
City Council Special Called Regular Meeting, Public Hearing and Workshop Meeting -May 21, 2007
Page 5
Recommendation of Planning & Zoning Commission - City Council consider approval of
Rezone request #R07-003, rezoning 1.3 tract from Planned Unit Development (PUD) to
Neighborhood Commercial (NC).
The Public Hearing was closed at 6:41 p.m.
13. Council to consider approval or other action regarding Ordinance 150l-S5
Assistant City Attorney Clark Askins read: Ordinance 1501-S5- AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER
106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE
CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM
PLANNED UNIT DEVELOPMENT TO NEIGHBORHOOD COMMERCIAL, AS
REQUESTED FOR 1.3 ACRES OF LAND OUT OF TR 719 AND E ~ OF TR 718, LA
PORTE OUTLOTS, LOCATED IN THE WILLIAM M. JONES SURVEY, ABSTRACT
482, LA PORTE, HARRIS COUNTY, HEREIN DESCRIBED; 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 Chuck Engelken to approve Ordinance 1501-S5
#R07 -003 as recommended by Planning & Zoning Commission for the approval of rezone
request #R07-003, rezoning 1.3 tract from Planned Unit Development (PUD) to
Neighborhood Commercial (NC). Second by Council member Howard Ebow. The motion
carried unanimously.
Ayes: Rigby, Moser, Beasley, Clausen, Engelken, Ebow and Porter.
Nays: None
Abstain: None.
Absent: ~ m D.J.+e"I-l--
14. Public Hearing - Council to consider approval or other action on recommendation of
Planning & Zoning Commission to approve Rezone Request #R07-002, rezoning the
referenced property form Low-Density Residential (R-l) to General Commercial (GC).
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:43 p.m.
Planning Director Wayne Sabo presented summary and recommendation and answered
Council's questions.
Public Input: There were no citizens wishing to provide input.
Recommendation of Planning & Zoning Commission - City Council consider approval of
Rezone Request #R07-002, rezoning the referenced property form Low-Density Residential
(R-1) to General Commercial (GC).
The Public Hearing was closed at 6:46 p.m.
15. Council to consider approval or other action regarding Ordinance 1501-T5
Assistant City Attorney Clark Askins read: Ordinance 1501-T5- 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 Council Special Called Regular Meeting, Public Hearing and Workshop Meeting -May 21, 2007
Page 6
CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM LOW
DENSITY RESIDENTIAL TO GENERAL COMMERCIAL AS REQUESTED FOR THE
PROPERTY DESCRIBED AS 0.65 ACRE PARCEL OF LAND DESCRIBED AS LOTS 5
AND 6, BLOCK 1, SPENCER HIGHWAY ESTATES HEREIN DESCRIBED; 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 Chuck Engelken to approve Ordinance 1501-T5
#R07-002 as recommended bv Planning & Zoning Commission. Second by Council
member Louis Ri~by. The motion carried unanimously.
Ayes: Rigby, Moser, Beasley, Clausen, Engelken, Ebow and Porter.
Nays: None
Abstain: None.
Absent: ~ fnDs-tCirJ
16. Public Hearing - Council to consider approval or other action on recommendation by the
Planning & Zoning Commission to approve Rezone Request #R07 -001, rezoning the
referenced property from Medium Density Residential (R-2) to Neighborhood Commercial
(NC).
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:47 p.m.
Planning Director Wayne Sabo presented summary and recommendation and answered
Council's questions.
Public Input: There were no citizens wishing to provide input.
Recommendation of Planning & Zoning Commission - City Council consider approval of
Rezone Request #R07-001, rezoning the referenced property from Medium Density
Residential (R-2) to Neighborhood Commercial (NC).
The Public Hearing was closed at 6:50 p.m.
17. Council to consider approval or other action regarding Ordinance 1501-U5
Assistant City Attorney Clark Askins read: Ordinance 1501-U5- AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER
106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE
CITY OF LA PORTE, BY CHANGING THE ZONGING CLASSIFICATION FROM
MEDIUM DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL, AS
REQUESTED FOR 4.53 ACRES OF LAND MORE OR LESS, AND 0.39 ACRE TRACT
LOCATED IN THE WILLAIM M. JONES SURVEY, ABSTRACT 482, FURTHER
DESCRIBED AS TR 33, TREATMENT PLANT SITE AND LOT 49, BLOCK 39,
FAIRMONT PARK WEST, SECTION FIVE, RESPECTIVELY, LA PORTE, HARRIS
COUNTY, HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
City Council Special Called Regular Meeting, Public Hearing and Workshop Meeting -May 21, 2007
Page 7
Motion was made by Council member Barry Beasley to approve Ordinance l50l-U5 #R07-
001 as recommended by Planning & Zoning Commission. Second by Council member
Tommy Moser. The motion carried unanimously.
Ayes: Rigby, Moser, Beasley, Clausen, Engelken, Ebow and Porter.
Nays: None
Abstain: None. . \
Absent: .blaDe VYl 0* ,-r
18. Public Hearing - Council to consider approval or other action on recommendation of
Planning & Zoning Commission to approve Special Conditional Use Permit #SCU07-004,
rezoning the referenced property from Low-Density Residential (R-l) to General
Commercial (GC).
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:51 p.m.
Planning Director Wayne Sabo presented summary and recommendation and answered
Council's questions.
Public Input:
Cynthia Montgomery: Also referred to as the Cynthia Colvin Trust noted concerns.
Norman Reed: Present to support and answer questions on Lakes of Fairmont Greens.
Project
Leslie Guzman: P.O. Box 1533 - had questions on what a PID meant.
Recommendation of Planning & Zoning Commission - City Council consider approval of
for the Lakes at Fairmont Greens, Section 9" to be located at the northeast corner of McCabe
Road and SH 146.
The Public Hearing was closed at 7:22 p.m.
19. Council to consider approval or other action regarding Ordinance l50l-V5
Assistant City Attorney Clark Askins read: Ordinance l50l-V5-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
#SCU 07-004 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS,
TO-WIT: 20.119 ACRES OF LAND, BEING TRIA-A, IN THE W.P. HARRIS SURVEY,
ABSTRACT 30, LA PORTE, TEXAS, FOR THE PURPOSE OF DEVELOPING A
SINGLE-F AMIL Y LOT RESIDENTIAL AT THE NORTHEAST OF MCCABE ROAD
AND STATE HIGHWAY 146; 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 Mike Clausen to approve Ordinance 1501-V5 SCU#
07-004 adding the provision to submit the development agreement, covenants and
restrictions for approval to City Council prior to taking a final plat to Planning & Zoning
City Council Special Called Regular Meeting, Public Hearing and Workshop Meeting -May 21, 2007
Page 8
Commission for approval. Second by Council member Barry Beasley. The motion carried
unanimously.
Ayes: Rigby, Moser, Beasley, Clausen, Engelken, Ebow and Porter.
Nays: None
Abstain: None.
Absent: ~ mobtf'..:,)
20 Council to consider approval or other action regarding an ordinance updating the FIRM
maps used by the City of La Porte to reflect the amended maps approved by FEMA dated
June 18, 2007 and amend Chapter 10 12 of the Code of Ordinances.
City Engineer Rodney Slaton presented summary and recommendation and answered
Council's questions.
Assistant City Attorney read: ORDINANCE 1533-B - AN ORDINANCE REPLACING
CHAPTER 10 12 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE,
ENTITLED "FLOOD DAMAGE PREVENTION ORDINANCE"; MAKING FINDINGS
OF FACT AND RECITING STATUTORY AUTHORIZATION FOR SAID CHAPTER 10
12, AND MAKING A STATEMENT OF THE PURPOSES OF SAME; PROVIDING
CERTAIN DEFINITIONS; ESTABLISHING THE LAND WITHIN THE CITY OF LA
PORTE TO WHICH THIS ORDINANCE APPLIES, AND THE BASIS FOR WHICH
SAID LANDS WERE DETERMINED; PROVIDING FOR A FLOOD PLAIN
DEVELOPMENT PERMIT; PROVIDING THAT NO STRUCTURE OR LAND SHALL
BE LOCATED, ALTERED, OR HAVE ITS USE CHANGED WITHOUT FULL
COMPLIANCE WITH THIS ORDINANCE; PROVIDING FOR THE DESIGNATION OF
A FLOOD PLAIN ADMINISTRATOR FOR THE CITY OF LA PORTE TO
ADMINISTER THIS ORDINANCE AND PERMIT PROCEDURES; PROVIDING FOR A
VARIANCE PROCEDURE, TO BE ADMINISTERED BY THE PLANNING AND
ZONING COMMISSION OF THE CITY OF LA PORTE; PROVIDING GENERAL AND
SPECIFIC STANDARDS FOR FLOOD PLAIN HAZARD REDUCTION, AND
STANDARDS FOR AREAS OF SHALLOW FLOODING; PROVIDING STANDARDS
FOR DEVELOPMENT PROPOSALS WITH THE CITY OF LA PORTE; PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilmember Louis Rigby to approve Ordinance 1533-B as
presented by Mr. Slaton. Second by Councilmember Barry Beasley. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen and Porter
Nays: None
Abstain: None
Absent:.-Ntme (hO&f&}
21. Council to consider approval or other action regarding an ordinance approving and
authorizing a foreign trade zone agreement for the payment of Ad Valorem Taxes between
the City of La Porte and Port Crossing Land.
City Council Special Called Regular Meeting, Public Hearing and Workshop Meeting -May 21, 2007
Page 9
Assistant City Attorney read: ORDINANCE 2990 - AN ORDINANCE APPROVING AND
AUTHORIZING A FOREIGN TRADE ZONE AGREEMENT FOR THE PAYMENT OF
AD VALOREM TAXES BETWEEN THE CITY OF LA PORTE, TEXAS AND PORT
CROSSING LAND, L.P.; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Barry Beasley to approve Ordinance 2990 as
presented by Mr. Askins. Second by Councilmember Mike Clausen. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen and Porter
Nays: None
Abstain: None
Absent: ~e YYloMl? 1
22. Council to consider approval or other action regarding an ordinance approving and
authorizing a Foreign Trade Zone Agreement for the payment of Ad Valorem Taxes between
the City of La Porte and Under Bear, L.L.C.
Assistant City Attorney Clark Askins presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2991 - AN ORDINANCE APPROVING AND
AUTHORIZING A FOREIGN TRADE ZONE AGREEMENT FOR THE PAYMENT OF
AD VALOREM TAXES BETWEEN THE CITY OF LA PORTE, TEXAS AND UNDER
BEAR, L.L.C.; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Barry Beasley to approve Ordinance 2991 as
presented by Mr. Askins. Second by Councilmember Mike Clausen. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen and Porter
Nays: None
Abstain: None
Absent: -NtJri'e mo:>fl" J
23. Council to consider approval or other action regarding an ordinance approving and
authorizing a Foreign Trade Zone Agreement for the payment of Ad Valorem Taxes between
the City of La Porte and Underwood Distribution Center.
Assistant City Attorney Clark Askins presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2992 - AN ORDINANCE APPROVING AND
AUTHORIZING A FOREIGN TRADE ZONE AGREEMENT FOR THE PAYMENT OF
AD VALOREM TAXES BETWEEN THE CITY OF LA PORTE, TEXAS AND
UNDERWOOD DISTRIBUTION CENTER.; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
City Council Special Called Regular Meeting, Public Hearing and Workshop Meeting -May 21, 2007
Page 10
Motion was made by Councilmember Barry Beasley to approve Ordinance 2992 as
presented by Mr. Askins. Second by Councilmember Mike Clausen. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen and Porter
Nays: None
Abstain: None .
Absent: "None m OV1[J J
24. Council to consider approval or other action regarding an ordinance approving and
authorizing a Foreign Trade Zone Agreement for the payment of Ad Valorem Taxes between
the City of La Porte and Texas Porter Road Venture, L.P.
Assistant City Attorney Clark Askins presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2993 - AN ORDINANCE APPROVING AND
AUTHORIZING A FOREIGN TRADE ZONE AGREEMENT FOR THE PAYMENT OF
AD VALOREM TAXES BETWEEN THE CITY OF LA PORTE, TEXAS AND PORTER
ROAD VENTURE.; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Barry Beasley to approve Ordinance 2993 as
presented by Mr.Askins. Second by Councilmember Mike Clausen. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen and Porter
Nays: None
Abstain: None
f) 8 St'1"1 '. fYli)Ste'0
25. Council to consider approval or other action regarding an ordinance approving and
authorizing a Foreign Trade Zone Agreement for the payment of Ad Valorem Taxes between
the City of La Porte and C-2 Real Estate Holdings, LTD.
Assistant City Attorney Clark Askins presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2994 - AN ORDINANCE APPROVING AND
AUTHORIZING A FOREIGN TRADE ZONE AGREEMENT FOR THE PAYMENT OF
AD VALOREM TAXES BETWEEN THE CITY OF LA PORTE, TEXAS AND C-2 REAL
ESTATE HOLDINGS, LTD.; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Barry Beasley to approve Ordinance 2994 as
presented by Mr. Askins. Second by Councilmember Mike Clausen. The motion carried.
Ayes: Moser Rigby, Ebow, Engelken, Beasley, Clausen and Porter
Nays: None
Abstain: None
Absent: -None- 'fVIOotP)J
26. Close Regular Meeting and Open Workshop at 7:37 p.m.
City Council Special Called Regular Meeting, Public Hearing and Workshop Meeting -May 21, 2007
Page 11
A. Council discussed rebuilding of the Police Department Firing Range and provided staff
with direction to move forward.
B. Council discussed establishing a Vacation Leave Donation Program and adopting an
agreement to the City of La Porte Employee Policies Handbook by amending Chapter
IV, "Leaves and Absences" and provided staff with direction to bring back to next
meeting with clarification on definitions of common illness and abuse of paid leave.
C. Council received a report on election polling locations for Run-Off June 16,2007.
27. Closed the Workshop meeting and reconvened Regular Meeting at 7:59 p.m.
28. Administrative Reports
Interim City Manager John Joems provided Council with the following Administrative
Reports.
Plant Manager's Appreciation Breakfast May 22,2007 Sylvan Beach Pavilion at 7:15 a.m.,
City Offices closed, Monday, May 28, 2007 for observance of Memorial Day, 5th Annual
Harris County Precinct Two Juneteenth Prayer Breakfast June 14,2007 Sylvan Beach
Pavilion 8:00 a.m. until 9:30 a.m. and the Annual Juneteenth Parade and Celebration June
16,2007, North 8th and Main Steet (Coffee 8:30 a.m. - 9:30 a.m. Jennie Riley Center).
29. Council Comments
Clausen, Rigby, Moser, Beasley, Ebow, Engelken, and Porter had comments.
30. 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)
B. SECTION - 551.074 - (PERSONNEL MATTERS)
MEET WITH INTERIM CITY MANAGER
AND CITY ATTORNEY TO DISCUSS
CASE OF CITY OF LA PORTE VS. 200
GARFIELD, llC.
EVALUATION OF INTERIM CITY
MANAGER JOHN JOERNS
A. SECTION - 551.071 (A) - (PENDING OR CONTEMPLATED
LITIGATION)
Council retired to Executive Session at 8:07 p.rn. and returned to the Regular Meeting and
reconvened at 8:46 p.m.
31. Considerations and possible action on items considered in Executive Session.
City Council Special Called Regular Meeting, Public Hearing and Workshop Meeting -May 21, 2007
Page 12
A. Council to consider approval or other action regarding an ordinance approving a
settlement agreement between the City of La Porte and 200 Garfield, L.L.C.
Assistant City Attorney Clark Askins presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2995 - AN ORDINANCE APPROVING AND
AUTHORIZING A MUTUAL RELEASE AND SETTLEMENT AGREEMENT
BETWEEN THE CITY OF LA PORTE AND 200 GARFIELD LLC; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Louis Rigbv to approve Ordinance 2995 as presented
by Mr.Askins. Second by Councilmember Barry Beasley. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Beasley, Clausen and Porter
Nays: None
Abstain: None
Absent: .Nerre rn os-ll? +
32. There being no further business to come before Council, the Regular Meeting was duly
adjourned at 8:48 p.m.
Respectfully submit~ . ~~/1
Y1tldd~t:7V'~
Martha Gillett, TRMC, CMC
City Secretary
pasur~t~~ of June 2007
Mayor Alton E. Porter
o
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
6-04-07
Appropriation
Requested By:
Robert Swanaean
12L~
Source of Funds:
N/A
Department:
Human R.esources
Account Number: NI A
Report:
Resolution:
Ordinance:
Amount Budgeted: N/A
Exhibits: #1 Ordinance for Vacation Leave Donation Program
Amount Requested: Nt Ii
Exhibits: #2 Vacation Leave Donation Policv
Budgeted Item: YES
NO
Exhibits: #3 Vacation Leave Waiver and Donation
Authorization Form
Exhibits: #4 Recinient A uthorization Form
SUMMARY & RECOMMENDATION
There is hereby established a Vacation Leave Donation Program for both requesting and donating vacation
time, for the benefit of all regular full-time employees of the City of La Porte. The purpose of the Vacation
Leave Donation Program is to permit an employee to donate paid vacation leave to other eligible employees.
The Vacation Leave Donation Program is for all eligible regular full-time employees who suffer from a
personal catastrophic illness or injury that is not work related, requiring a prolonged absence from work, and who have
exhausted their paid leave (sick, vacation and discretionary) balance. Employees may donate both accrued Vacation Leave
and unused Employee Discretionary Days, but are not eligible to donate time or credit from any other source.
This Policy is not intended to cover an employee who is experiencing a normal pregnancy, has a common illness, has an illness
or injury covered by an employer-paid long-tenn disability policy or worker's compensation, or has incurred injury during the
course of committing a crime. Similarly, this policy is not intended to provide leave to any employee who has previously abused
any paid leave.
Since the Workshop presentation the definitions of Abused Paid Leave and Common Illness were added per
Council request.
Action Required bv Council:
Approve an Ordinance authorizing the Vacation Leave Donation Program.
f~7
ORDINANCE NO. 2007- 21 q ~
AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A VACATION LEAVE
DONATION PROGRAM AND ADOPTING AN AMENDlVIENT TO THE CITY OF LA
PORTE E:MPLOYEE POLICIES HANDBOOK BY AMENDING CHAPTER IV,
"LEAVES AND ABSENCES"; PROVIDING AN EFFECTIVE DATE OF SAID
AMENDMENT; 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.
The City Council of the City of La Porte hereby
authorizes the establishment of a Vacation Leave Donation Program.
Section 2. The City of La Porte Employee Policies Handbook lS
hereby amended, by amending Chapter IV, "Leaves and Absence", by
adding Section 14, "Vacation Leave Donation Policy", which shall
hereafter read as reflected on Exhibit A, attached hereto.
Section 3.
If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this
ordinance or amendment of the City of La Porte Employee policies
Handbook hereby adopted, shall, for any reason, be held invalid,
such invalidity shall not affect the remaining portions of this
ordinance, or said Employee Policies Handbook, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase, or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase,
or clause, or part thereof, may be declared invalid.
Section 4.
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 Law1 Chapter 5511 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 discussedl considered and formally
acted upon.
The City Council further ratifiesl approves and
confirms such written notice and the contents and posting thereof.
Section 5. This Ordinance shall be effective as of
to -I /-rYJ
1 and it is to ordered.
PASSED AND APPROVED 1 this J f day of j u nf..
1 2007.
By:
~TY OF LA ~
UJ~~~'!~
Alton E. Porter
Mayor
Bffl~ [). t4J1J
Martha A. Gillett
City Secretary
APP~~D: ./
r~r~
Clark T. Askins
Assistant City Attorney
14. Vacation Leave Donation Policy
There is hereby established a Vacation Leave Donation Program for both requesting and
donating vacation time, for the benefit of all regular full-time employees of the City of La
Porte. The purpose of the Vacation Leave Donation Program is to permit an employee to
donate paid vacation leave to other eligible employees. The Vacation Leave Donation
Program is for all eligible regular full-time employees who suffer from a personal
catastrophic illness or i~jury that is not work related, requiring a prolonged absence from work, and
who have exhausted their paid leave (sick, vacation and discretionary) balance. Employees may
donate both accrued Vacation Leave and unused Employee Discretionary Days, but are not eligible to
donate time or credit from any other source.
This Policy is not intended to cover an employee who is experiencing a normal pregnancy, has a
common illness, has an illness or injury covered by an employer-paid long-term disability policy or
worker's compensation, or has incun-ed injury during the course of committing a crime. Similarly, this
policy is not intended to provide leave to any employee who has previously abused any paid leave.
DEFINITIONS:
For the purpose of this policy, the following definitions shall apply:
1. ABUSED P AID LEAVE: Clearly documented action (s) of an employee that
demonstrate misuse or abuse of Vacation, Sick Leave and Worker Compensation
Policies (i.e., failure to make request for vacation properly, not providing
required doctor visit documentation due to illness and absence in excess of three
days or for Physical Report Status, failure to report to HR Department when
receiving Worker Compensation payments or not working Light Duty
assignments ).
2. COMMON ILLNESS: Illnesses that are not life threatening or Catastrophic and
which do not result in the employee being absent for more than eighty (80)
consecutive work hours or one hundred twenty (120) consecutive work hours for
twenty-four (24) hour shift personnel (i.e., headache, cold, upset stomach or other
illness that are considered minor in nature).
3. EMPLO YEE: a regular full-time employee is one who works 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 specific job task or project. The term Employee does not
include regular part-time employees, temporary employees, emergency temporary
appointments, or independent contractors.
4. F AMIL Y AND MEDICAL LEAVE: - a maximum of twelve (12) weeks of leave an
employee is entitled to under the Family and Medical Leave Act of 1993 to take care of a personal
serious health condition.
5. LEAVE RECIPENT: - an employee whose request for a Vacation Leave Donation has been
approved in accordance with the provisions of this policy.
6. SOLICITATION: a request made to City employees for Vacation Donation Leave
following a verification of eligibility by the Human Resources Department
ELIGIBILITY:
Employees applying for vacation leave through the Vacation Leave Donation Program must mee1
ALL of the following requirements:
1. Have a catastrophic illness and/or injury which requires the employee to be homebound OJ
hospitalized and causing the employee to be absent from 80 or more consecutive work hours
or one hundred twenty (120) consecutive work hours for twenty-four (24) hour
shift personnel, and which causes a loss of income due to the employee having exhausted
all sick leave, vacation, or other paid time to cover the period of absence. Catastrophic illness
or injury is further defined as long-term, incapacitating illness, injury or medical condition
which requires the employee to take time off wolk for an extended period.
2. The requested leave is not for the purpose of providing care or assistance to a family member
suffering from a catastrophic illness and/or nyury.
3. The catastrophic illness or injury is not self- inflicted or the result of an illegal act in which
the applicant was a pmticipant.
4. The catastrophic illness or injury represents a medically documented diagnosis
subject to review by a medical consultant of the City's choice.
5. The employee is not eligible for temporary total disability payments under the state wolkers'
compensation law, and/or any other disability leave payments such as Long-Term Disability.
ADMINISTRATION OF THE PROGRAM:
The Vacation Leave Donation Program is administered through the Human Resources
Department (HRD), which is responsible for coordinating donations, applications, and
authorizing eligibility. All requests for donated vacation leave time will be processed by
the HRD by reviewing the employee's application, verifying that the employee has a
qualifying injury or illness (including a review of medical records) and has exhausted all
eligible paid leave.
The HRD will keep a list of employees and the number of hours they have donated as a
source to pull hours from when request are made. Human Resources will send a request
to all departments seeking employee donations of Vacation leave.
Employees will agree to donate vacation in eight (8) hour increments of Vacation leave
and the HRD will coordinate the documentation of time with the Finance Department.
The employee or designee seeking vacation leave time should make the request to the
HRD with appropriate documentation of the reason for the request.
The maximum number of vacation leave hours an employee may be granted during any 12-month
period is the TOTAL hours needed to qualify for any other paid time off or long-term disability
program.
If the employee making the request separates from the City of La Porte before the donated time is
used the employee will not be paid for the time that was donated to the program in their name.
EXHIBIT" A"
CITY OF LA PORTE VACATION LEAVE DONATION
PROGRAM
Vacation Leave Waiver and Donation Authorization Form
Having read and understood the City of La Porte Vacation Leave Donation Program
policy statement, and subject to the terms and conditions set forth therein, I hereby
voluntarily waive my entitlement to accumulated vacation time and donate
hours of my accrued vacation benefit on the condition that the equivalent dollar value of
the hour( s) I donate is paid by the City of La Porte, under the City of La Porte Vacation
Leave Donation Program, to the employee I have identified below. I understand that upon
submission of this form I cannot control the timing of the deduction of the donated hours
from my vacation leave balance. I further understand that donation of Vacation Leave is
not tax deductible. NOTICE: Donated Vacation Leave for an identified employee will be
administered on a first in, first out, basis.
Donor's name (print):
(M.!)
(Last)
(F irst)
Donor's Social Security Number:
Donor's Department Name:
Donor's Signature:
Date:
EMPLOYEE TO RECEIVE DONATION:
Print name:
1-04-07
AUTHORIZATION FORM FOR VACATION LEAVE DONATION
I , hereby release to the City of La Porte my name,
and authorize the use of my name, as may be required under applicable Federal
regulations, including but not limited to RIPP A law, for purposes of my participation in
the La Porte Vacation Leave Donation Program as a recipient of donated vacation time.
Signature
Date
1-04-06
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Appropriation
Agenda Date Requested: June 11 2007
ce of Funds:
Department:
Parks & Recreation
Acc't Number:
N/A
Report: _Resolution: _Ordinance: -L
Amount Budgeted:
N/A
Exhibits:
Ordinance
Agreement
Requested:
N/A
Exhibits:
Bud eted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
As was discussed with City Council previously, the developer of the property adjacent to the City owned
West Side Park property, Tri-City Holdings, L.P., has agreed to more forward with an agreement with the City of La
Porte. The agreement calls for the purchase of detention credits from the City that will be provided during the design
of the lake amenity for the proposed park. The developer also has agreed to deed up to 1.5 acres of land to the city to
increase the size of the detention lake at the site. The city will then give the developer a letter for tax purposes for the
value of the donated land
Staff has researched the market value of the detention credits and arrived at a figure of
$11,000 per acre foot of detention. The property will require 11.86 acre feet of detention which equals
$130,460, to be paid to the City of La Porte in 4 equal installments over the next year. The Tri-City
Holdings, L.P. architect will work with the City's architect to incorporate the additional acreage into
the park project that is to be donated to the City as a part of this agreement. The detention credit fees
can then be applied to the funds for design and construction of the new park.
Staff recommends approval of an Ordinance approving and authorizing an agreement between the
City of La Porte and Tri-City Holdings, L.P. to convey land and funding to the City of La Porte in exchange
for services provided according to the terms of the agreement.
Action Required by Council:
Consider an Ordinance approving and authorizing an agreement between the City of La Porte and
Tri-City Holdings, L.P., for conveyance of land and payment of detention credits to the City of La Porte for
floodwater detention purposes and provision of services to Tri-City Holdings, L.P. according to the terms of
the agreement.
6i!1
(D e
ORDINANCE NO. 2007- ;( qq7
AN ORDINANCE APPROVING AND AlITHORIZING A DEVELOPER'S
AGREEMENT BElWEEN THE CITY OF LA PORTE AND TRI-CITY HOLDINGS,
L.P., FOR CONVEYANCE OF LAND AND PAYMENT OF DETENTION CREDITS
TO THE CITY OF LA PORTE FOR FLOODWATER DETENTION PURPOSES,
AND PROVISION OF SERVICES TO TRI-CITY HOLDINGS, L.P. BY CITY OF LA
PORTE, ACCORDING TO THE TERMS OF THE AGREEMENT PROVIDED;
MAKING VARIOUS FINDINGS AND PROVISIONS REIATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract,
agreement, or other undertaking described in the title of this ordinance, a copy of which is
on file in the office of the City Secretary. The City Manager is hereby authorized to execute
such document and all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City
to all such documents.
Section 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the subject matter thereof has
been discussed, considered and formally acted upon. The City Council further ratifies,
approves, and confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its passage and
Page 1 Of2
approval, and it is so ordered.
PASSED AND APPROVED, this 11TH day of JUNE, 2007.
By:
ATTEST:
ffI()uJ)~ Aitt!/
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
~ T fhL1
Clark T. Askins,
Assistant City Attorney
Page 2 Of2
CITY OF LA PORTE
~L?~
Alton E. Porter,
Mayor
DEVELOPER'S AGREEMENT BETWEEN CITY OF LA PORTE, TEXAS
AND TRI-CITY HOLDINGS, L.P.
THIS AGREEMENT (this "Agreement") is entered into as of the lltfday of June, 2007,
by and among the CITY OF LA PORTE, TEXAS ("La Porte"), a municipal corporation, and
TRI-CITY Holdings, L.P. ("Tri-City"), a Delaware limited partnership.
RECITALS
City is the owner of (i) tracts of land containing 33.644 acres in La Porte, Texas
described on Exhibit "A" attached hereto and commonly referred to as the Westside Park
Property ("Park Land", herein).
Tri-City is the owner or authorized agent for the owners of (i) several tracts of land
containing approximately 50.0707 acres in La Porte, Texas described on Exhibit "B" attached
hereto ("Tri-City Development Property", herein) and which includes (ii) land which constitutes
a part of TR 71 0, and which is estimated to be approximately 1.5 acres in size, La Porte Outlots,
as recorded in Volume 83, Page 344, of the Deed Records of Harris County, William M. Jones
Survey, Abstract 482, La Porte, Harris County, Texas, and which the parties contemplate to
survey and subsequently transfer to La Porte for drainage purposes, as provided below, and
which land shall be referred to herein as "Proposed Detention Basin".
La Porte and Tri-City desire to enter into this Agreement to evidence the following:
(a) Tri-City to convey the tract identified as the Proposed Detention Basin, the
dimensions of which shall be determined by the parties pursuant to Paragraph 5 of
this Agreement, and at which time a metes and bounds legal description of which
shall be annexed hereto as Exhibit "C". Said Proposed Detention Basin shall
become a part of the proposed detention flake amenity and maintenance berm on
the Park Property. Said Proposed Detention Basin shall be conveyed to the La
Porte by general or special warrant deed, free and clear of all liens and
encumbrances, and shall become a part of the Park Land, to allow for detention
for the Tri-City Development Property and a part of the proposed lake amenity. In
exchange for the conveyance of the Proposed Detention Basin, La Porte shall
issue a Declaration of Gift to the City for Tax Purposes to Tri-City; and
(b) Tri-City to purchase detention credits from the City of La Porte in an amount
determined by the City Engineer/Flood Plain Manager for the Tri-City
Development Property, at the determined market value of such detention credits
as described herein; and
(c) La Porte to provide a public detention/lake amenity to the Park Land as a part of
the Park Land development with the capability of providing said detention
capability.
A-I
AGREEMENTS
1. Definitions. The following terms, when used herein, shall have the following meanings:
"La Porte Detention Credits" means the purchase price and/or amounts payable in respect
of the fair market value of detention capacity, measured in acre/feet, as determined by a
qualified Professional Engineer, and any other fees and charges payable to La Porte or its
contractors or vendors in connection with provision of detention capacity, absent
conveyance, by La Porte.
"Architect" means the architect(s) engaged by La Porte to design the contemplated
improvements and development of the Park Land, and engaged by Tri-City to design the
contemplated improvements and development of the Tri-City Holdings, L.P.
Development Property, respectively.
"Park Land Improvements" means the improvements to the Park Land described and
contemplated by La Porte. The Park Land Improvement Plans will be prepared at the
direction of La Porte and at its cost and expense.
"Tri-City Development Improvements" means the improvements to the Tri-City
Development Property described and contemplated by Tri-City. The Tri-Cites
Development Improvement Plans will be prepared at the direction of Tri-City and at his
cost and expense.
2. Property Development. Nothing in this Agreement shall preclude Tri-City from meeting
the requirements and procedures of La Porte's Development Ordinance, other governing
Ordinances or other statutes, rules and regulations governing commercial development in
La Porte.
3. Assessment of Detention Credits to La Porte. The City Engineer of La Porte has
determined that the 50.0707 acres of developable property will require 11.86 acre/feet of
detention capacity to meet the requirements of the La Porte Drainage Criteria. The fair
market value of detention credits, minus conveyance, is $11,000 per acre/foot. The total
cost to Tri-City for detention capacity to be provided by La Porte, is $130,460.00 The
detention credit cost of $130,460.00 shall constitute a one time assessment by the City of
La Porte, to satisfy detention capacity for the proposed 50.0707 acre Tri-City
Development Improvements. However, said assessment shall not satisfy necessary
detention credit requirements should additional acreage adjacent to the proposed Tri-City
Development Improvements be developed.
4. Payment of Detention Credits to La Porte. Within sixty (60) days following the
execution of this Agreement, Tri-City Holdings, L.P. shall remit to La Porte the amount
of $32,615.50, an amount equal to twenty-five percent (25%) of the value of the
detention credits as described in Paragraph 3 above, with an additional 25% due at ninety
(90) day increments thereafter, until the amount is remitted in full. La Porte shall have the
right to withhold any and all building permits from Tri-City as part of the Tri-City
Development Improvements project, upon the failure of Tri-City to remit payments as
provided herein, until payment and any applicable arrearage is made to La Porte.
A-2
5. Determination of Land to be Conveyed to La Porte. Upon execution of this Agreement,
and engagement of an Architect, Tri-City will cause the Architect to develop the portion
of the planned improvements for Tri-City Development Property that include the
Proposed Detention Basin to be conveyed to La Porte In consultation with La Porte's
Architect for planned improvements to the Park Land, a determination of the specific
size, shape of the portion of detention/amenity lake and maintenance berm constituting
the Proposed Detention Basin to be conveyed to La Porte, will be formulated. At that
time, the Proposed Detention Basin to be conveyed to La Porte will be surveyed by a
competent licensed surveyor, to determine the actual metes and bounds, and actual
acreage of the Proposed Detention Basin be conveyed to La Porte.
6. Conveyance of Land to La Porte. Upon completion of the requirements outlined in
paragraph 5, above, Tri-City shall cause the conveyance of Proposed Detention Basin to
La Porte through general or special warranty deed, free and clear of all liens and
encumbrances. Legal Fees incurred in connection with the preparation of necessary
conveyance instruments to be paid by La Porte. Upon completion of conveyance, La
Porte shall execute a Declaration of Gift to the City for Tax Purposes, stating the market
value of the Proposed Detention Basin, as determined by the actual cost per acre of said
land, and submit to Tri-City in exchange for the conveyance instrument. It is understood
and agreed that Tri-Cites will not be authorized to proceed with the Tri-Cites
Development Improvements, nor shall it be eligible to receive necessary approval or
permitting from the City of La Porte for plans, drawings, contracts, andlor other matters
related to said Development, until such time that it has conveyed the Proposed Detention
Basin to La Porte.
7. Waiver. The failure of a party to insist in anyone or more instance on the performance
of any term or condition of this Agreement shall not operate as a waiver of any future
performance of that term or condition.
8. Headings. The headings used in this Agreement appear strictly for the parties'
convenience in identifying the provisions of this Agreement and shall not affect the
construction or interpretation of the provisions of this Agreement.
9. Legal Fees. If any party to this Agreement succeeds in any legal action to enforce the
provisions of this Agreement, the other party or its successor-in-interest (as applicable)
shall reimburse the successful party for its attorneys' fees and costs related to the action,
in addition to any other relief obtained by the successful party.
10. Governing Law. This Agreement shall be subject to and be governed by the laws of the
State of Texas.
11. Notice. Any notice or request required or desired to be given under this Agreement shall
be in writing and shall be deemed to have been properly served when (i) delivered in
person, or (ii) three (3) days after deposit in the United States Mail, certified, return
receipt requested, postage pre-paid,
A-3
(a) if to La Porte:
City of La Porte
Attn: City Manager
604 West Fairmont Parkway
La Porte, Texas 77571
or (b) if to Tri-Cites Holdings, L.P., to
Attn: Kenneth Paul Dawson, Managing Partner,
Canada Land & Development Company,
General Partner of Tri-City Holdings, L.P.
1106 Angela
Deer Park, Texas 77536
Any party may change such party's address for purposes of notice hereunder, by giving
notice to the other parties in accordance with the foregoing terms of this paragraph.
12. Severability. If any of the covenants, conditions or terms of this Agreement shall be
found void or unenforceable for whatever reason by any court of law or of equity, then
every other covenant, condition or term herein set forth shall remain valid and binding
provided that in such event all of the parties shall to the fullest extent possible modify
such covenant, condition or term to the extent required to carry out the general intention
of this Agreement and to impart validity to such covenant, condition or term.
A-4
IN TESTIMONY WHEREOF, this instrument has been executed in duplicate
counterparts, each to have equal force and effect of an original, has been executed on
behalf of the parties hereto as follows:
It has on the J I~ day of June, 2007, been executed on behalf of the City by the
City Manager and attested by its City Secretary, pursuant to ordinance of the City
Council of the City of La Porte authorizing such execution.
ATTEST:
Lfrhi~Ji(L Ij L(J4
Martha Gillett, City Secretary
APPROVED AS TO FORM:
~r~
Clark T. Askins, Assistant City Attorney
Ti[j/7ff:LJ
.
Kenneth Paul Dawson, Managing Partner of Canada
Land & Development Company, L.L.c., as General
Partner of Tri-City Holdings, L.P.
A-5
EXHIBIT" A"
Description of City of La Porte Owned Park Property
The City of La Porte owned park property is identified as:
TRS 690, 691,708 & 709 (33.644 acres), La Porte Outlots, as recorded in Volume 83.
Page 344, ofthe Deed Records of Harris County, William M. Jones Survey, Abstract
482, La Porte, Harris County, Texas.
A-6
EXHIBIT "B"
Description of Tri-City Holdings, L.P. Properties:
Tri-City Holdings, L.P. property parcels are identified as:
TRS 692C, 693B,706 & 707 (17.7717 acres), La Porte Outlots, as recorded in
Volume 83, Page 344, of the Deed Records of Harris County, William M. Jones
Survey, Abstract 482, La Porte, Harris County, Texas, and,
TRS 710A, and 711 (18.726 acres), La Porte Outlots, as recorded in Volume 83.
Page 344, of the Deed Records of Harris County, William M. Jones Survey,
Abstract 482, La Porte, Harris County, Texas, and,
TR 712 (8.652 acres), La Porte Outlots, as recorded in Volume 83, Page 344, of
the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La
Porte, Harris County, Texas and,
A portion ofTRS 692 & 693 (6.9210 acres), La Porte Outlots, as recorded in
Volume 83, Page 344, of the Deed Records of Harris County, William M. Jones
Survey, Abstract 482, La Porte, Harris County, Texas.
Total acreage ofthe Tri-City Holdings, L.P. parcels is approximately 50.0707
acres.
B-1
EXHIBIT "C"
Description of the Tri-City Holdings, L.P. Land Conveyed to the City of La Porte Herein
for Proposed Detention Basin
Land to consist of +/- 1.5 acres, a Metes and Bounds description to be added to and become a
permanent part of this agreement, after land size is determined by Architects, and surveyed by a
licensed land surveyor.
C-1
F
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
6/06/07
Appropriation
Requested By' John Joerns
Source of Funds: N/A
Department' City Council
Account Number: N/A
Report:
Resolution:
Ordinance: X
Amount Budgeted: Nt A
Exhibits: Ordinance
Amount Requested: N 1,,\
Exhibits: AQreement
Budgeted Item: YES NO
Exhibits'
SUMMARY & RECOMMENDATION
At the meeting of May 24,2007 the La Porte Redevelopment Authority and the TIRZ
Boards approved the attached agreement between the Authority and the City of La
Porte for the Authority's management of the Lakes of Fairmont Green Public
Improvement District (the "District").
City Council approved creation of the District with the passage of Resolution 2007-07 in
January of this year. This agreement is the final step in the process for the Authority to
manage the plan and complete the necessary services and improvements as noted in
the attached agreement and to also aid the Authority in the collection of the required
assessments. Also at this meeting, the Authority agreed to enter into an agreement with
Hawes Hill for administration of the PID.
Staff recommends approval of the enabling ordinance and attached agreement.
Action Reauired bv Council:
Approve the enabling ordinance and agreement between the City of La Porte and the
La Porte Redevelopment Authority for the Authority's management of the Lakes of
Fairmont Green Public Improvement District (the "District").
#
Date
ORDINANCE NO. .!. 'i~ r
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF LA PORTE AND THE LA PORTE REDEVELOPMENT AUTHORITY
FOR THE MANAGEMENT OF THE LAKES OF FAIRMONT GREEN PUBLIC
IMPROVEMENT DISTRICT (THE "DISTRICT"); MAKING VARIOUS FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AND EFFECTIVE DATE HEREOF.
BE IT ORDAINDED 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 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 Mayor is hereby authorized to execute such
document and all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and to affix the seal of the
City to all such documents.
SECTION 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting
thereof.
SECTION 3. This Ordinance shall be effective from and after its passage, and it-is so
ordered.
PASSED AND APPROVED THIS THE II~ DAY OF Ju (l e
, 2007.
CITY OF LA PORTE
By: ~~y~
ALTON PORTER, Mayor
ATTEST:
By: vrnrltt~(1, #A-IHJ
MARTHA GILLETT,
City Secretary
APPROVED:
By:
~T~ ~/'
KNOX ASKINS, /
City Attorney
---"-'
--..-----....-.---
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 11. 2007
Budeet
Requested By: MlIyor Alton Portpr
Source of Funds:
Department:
City ClHlIldl
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
City Council to approve an ordinance appointing a Mayor Pro-Tern of the City of La Porte, for the term expiring
May 31, 2008.
Action ReQuired bv Council:
Approve ordinance 2007-
eoda
6*1
Dati
ORDINANCE NO. 2007-~~
AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS
MAYOR PRO-TEM OF THE CITY OF LA PORTE, FOR THE PERIOD JUNE 12,
2007, THROUGH JUNE 12, 2008, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
appoints Louis Rigby to serve as Mayor Pro-Tern of the City of La
Porte, for the period June 12, 2007, through June 12, 2008, or
until his successor shall have been duly appointed and qualified.
Section 2.
The Mayor Pro-Tern shall serve in such office
during said term, during the absence or incapacity of the Mayor and
shall do all things, perform all duties, and in fact have all the
powers and duties of the Mayor of the City of La Porte during such
absence or incapacity of the Mayor.
Section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
city for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
ORDINANCE NO. 2007-
PAGE 2
PASSED AND APPROVED, this 11th day of June, 2007
By:
CITY OF LA PORTE
~LV~
Alton E. Porter
Mayor
ATTEST:
4YI ~ tl,/frM
Martha A. Gillett
City Secretary
APPROVED:
~r~W1
C! rk . skins
Assistant city Attorney
8
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 11.2007
Requested By: Michael G. Dolbv. CPA ~
Department: Finance
Appropriation
Source of Funds:
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits: Resolution
Amount Requested:
Exhibits: Investment Policy
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City Council of the City of La Porte originally adopted an Investment Policy on January 13, 1992, by Ordinance
No. 1802. The policy was last amended in October 2005. The Governmental Accounting Standard's Board (GASB)
Pronouncement 31 requires that a City must present the Investment Policy to Council annually.
On May 21, 2007, the Finance Department presented the Investment Policy to the Fiscal Affairs Committee for
review. No changes to the actual policy are recommended at this time.
Action Required bv Council:
Recommend that the Council receive and approve/reaffirm the Investment Policy.
enda
~fc
Date
RESOLUTION NO. 2007--1Q
A RESOLUTION OF THE CITY OF LA PORTE, TEXAS, APPROVING AN
INVESTMENT POLICY CONFORMING TO ALL STATUTES GOVERNING
INVESTMENT OF THE CITY OF LA PORTE'S FUNDS, INCLUDING, BUT NOT BY
WAY OF LIMITATION, THE PUBLIC FUNDS INVESTMENT ACT, CHAPTER 2256,
TEXAS GOVERNMENT CODE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND SETTING AN EFFECTIVE DATE THEREOF.
WHEREAS, the City of La Porte requires that funds be invested in a manner
which will preserve the principal of funds invested while meeting daily cash flow
demands of the City; and
WHEREAS, the Public Funds Investment Act requires the adoption of certain
investment policies and controls regarding the investment of its funds; and
WHEREAS, the Public Funds Investment Act requires that the governing body of
an investing entity shall adopt a written investment policy by rule, order, ordinance, or
resolution, and shall further review its investment policy and investment strategies not
less than annually, and shall adopt a written instrument by rule, order, ordinance, or
resolution stating that it has reviewed the investment policy and investment strategies
adopted, and that the written instrument so adopted shall record any changes made to
either the investment policy or investment strategies previously adopted; and
WHEREAS, the City will endeavor to earn a return on funds invested at the
highest return possible after taking into account the primary goals of preservation of
liquidity of funds invested, consistent with the City's Investment Policy;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, THAT:
SECTION 1. The findings and recitations set out in the preamble to this Resolution are
found to be true and correct and that they are hereby adopted by the City Council of the
City of La Porte and made a part hereof for all purposes.
SECTION 2. The City of La Porte hereby designates the City of La Porte, Texas
Investment Policy, a true copy of which is on file in the office of the City Secretary of
the City of La Porte, as an official policy of the City of La Porte and that it is hereby
adopted by the City of La Porte and made a part hereof for all purposes, and further,
that the said City of La Porte, Texas Investment Policy and investment strategies made
pursuant thereto have been reviewed by the City of La Porte and it has been found that
no changes are necessary to either the Investment Policy or investment strategies
SECTION 3. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour place and subject of this meeting of the City
Council was posted at a place convenient to the public at 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 Resolution and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting
thereof.
SECTION 4. This Resolution shall be effective upon its passage and approval.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the
City Council of the City of La Porte, Texas, on this the 11 th day of June, 2007.
LfJ~~~/
Martha Gillett,
City Secretary
(~ r 4rt/?/~~
Clark T. Askins,
Assistant City Attorney
~L7~
Alton Porter,
Mayor
City of La Porte, Texas
Investment Policy
Adopted by the City Council
Of the City of La Porte
On January 13, 1992, by
Ordinance No. 1802
Amended - November 1995
Amended - August 1997
Amended - November 2000
Amended - February 2003
Amended - February 2005
Amended - October 2005
City of La Porte, Texas
Michael G. Dolby, CPA
Interim Finance Director
Phyllis Rinehart
Controller
1. POLICY
It is the policy of the City of La Porte, Texas (the "City") to administer and invest its funds in a
manner which will preserve the principal and maintain the liquidity through limitations and
diversification while meeting the daily cash flow requirements ofthe City. The City will invest all
available funds in conformance with legal and administrative guidelines, seeking to optimize
interest earnings to the maximum extent possible.
II. PURPOSE
The purpose of this investment policy is to comply with all statutes governing the investment of
the City's funds and Chapter 2256 of the Government Code ("Public Funds Investment Act"),
which requires the City to adopt a written investment policy regarding the investment of its funds
and funds under its control. The Investment Policy addresses the methods, procedures and
practices that must be exercised to ensure effective and judicious fiscal management of the City's
funds.
III. SCOPE
The City will strive to earn a return on funds invested at the highest investment return possible
after taking in consideration the primary goals of preservation of principal and liquidity of funds
invested, consistent with the policy objectives described below. This investment policy applies to
the investment activities of the government of the City of La Porte, Texas.
FUNDS INCLUDED All financial assets of all funds managed by the City, including but not
limited to receipts of Tax Revenues, Charges for Services, Bond Proceeds, Interest Incomes,
Loans and Funds received by the City where the City performs a custodial function.
[v. OBJECTIVES
SAFETY The primary objective of the City's investment activity is the preservation of capital in
the overall portfolio. Each investment transaction shall seek first to ensure that capital losses are
avoided, whether they are from securities defaults or erosion of market value. The City will
strive to minimize credit risk by limiting investments to the safest types of investments,
prequalifying the financial institutions and broker/dealers with which the City conducts business,
and diversify the investment portfolio so that potential losses on individual issuers will be
minimized. To minimize interest rate risk, the City will ladder the portfolio and match
investments with future cash requirements and invest operating funds in shorter, more liquid
securities and investments.
LIQUIDITY The City's investment portfolio will remain sufficiently liquid to enable the City to
meet operating requirements that might be reasonably anticipated. Liquidity shall be achieved by
matching investment maturities with forecasted cash flow requirements and by investing in
securities with active secondary markets. Because all possible cash demands cannot be
anticipated, a portion of the portfolio will be invested in shares of money market mutual funds or
local government investment pools that offer same day liquidity.
PUBLIC TRUST All participants in the investment process shall seek to act responsibly as
custodians of the public trust. Investment Officials shall avoid any transaction that might impair
public confidence in the City's ability to govern effectively. The governing body recognizes that
in a diversified portfolio, occasional measured losses due to market volatility are inevitable, and
must be considered within the context of the overall portfolio's investment return, provided that
adequate diversification has been implemented.
YIELD (Optimization of Interest Earnings) The City's cash management portfolio shall be
designed with the objective of regularly meeting or exceeding the average rate of return on U.S.
Treasury Bills at a maturity level comparable to the City's weighted average maturity in days.
The investment program shall seek to augment returns above this threshold consistent with risk
limitations identified herein and prudent investment principles.
V. OVERSIGHT RESPONSIBILITY
Oversight Responsibility for the investment activity of the City of La Porte shall rest with the
Fiscal Affairs Committee and the City Manager.
VI. RESPONSIBILITY AND CONTROL
DELEGATION Management responsibility for the investment program is hereby delegated to
the Director of Finance, who shall establish written procedures for the operation of the investment
program, consistent with this investment policy. Such procedures shall include explicit delegation
of authority to persons responsible for investment transactions.
SUBORDINATES All persons involved in investment activities will be referred to as
"Investment Officers." No person shall engage in an investment transaction except as provided
under the terms of this policy and the procedures established by the Director of Finance. The
Director of Finance shall be responsible for all transactions undertaken, and shall establish a
system of controls to regulate the activities of Subordinate Investment Officers.
OUARTERL Y REPORTS The Director of Finance shall submit quarterly an investment report
that summarizes recent market conditions, economic developments and anticipated investment
conditions. The report shall summarize the investment strategies employed in the most recent
quarter and describe the portfolio in terms of investment securities, maturities, risk
characteristics, book values, market values and other features. The report shall explain the
quarter's total investment return and compare the return to budgetary expectations. The report
shall include an appendix that discloses all transactions during the quarter.
ANNUAL REPORTS Within 90 days of the end of the fiscal year, the Director of Finance shall
present a comprehensive annual report on the investment program and investment activity. The
annual report shall include twelve-month and quarterly comparison of returns, and shall suggest
improvements that might be made in the investment program.
PRUDENCE Investments shall be made with the exercise of due care, which persons of
prudence, discretion and intelligence exercise in the management of their own affairs, not for
speculation but for investment considering the probable safety of their own capital as well as the
probable income to be derived. Investment Officers acting in accordance with written procedures
and this investment policy and exercising due diligence shall be relieved of personal
responsibility for an individual security's credit risk or market price changes, provided deviations
from expectations are reported in a timely fashion and the liquidity and the sale of securities are
carried out in accordance with the terms of this policy.
IMDEMNIFICATION The Investment Officer, acting in accordance with written procedures
and exercising due diligence, shall not be held personally responsible for a specific investment's
credit risk or market price changes, provided that these deviations are reported immediately and
the appropriate action is taken to control adverse developments.
ETHICS DISCLOSURE AND CONFLICTS OF INTEREST Officers and employees involved
in the investment process shall refrain from personal business activity that could conflict with
proper execution and management of the investment program, or which could impair their ability
to make impartial investment decisions. Employees and Investment Officers shall disclose to the
City Manager any material interests in financial institutions that conduct business with the City of
La Porte, and shall further disclose any personal financial or investment positions that could be
related to the performance of the City's investment portfolio. Employees and Investment Officers
shall refrain from undertaking personal investment transactions with the same individual with
which business is conducted on behalf of the City of La Porte.
An Investment Officer of the City of La Porte who has a personal business relationship with an
organization seeking to sell an investment to the City of La Porte shall file a statement disclosing
that personal business interest. An Investment Officer who is related within the second degree by
affinity or consanguinity to an individual seeking to sell an investment to the City of La Porte
shall file a statement disclosing that relationship. A statement required under subsection
2256.005(i) of the PFIA must be filed with the Texas Ethics Commission and the governing body
of the City of La Porte.
TRAINING Investment Officers shall attend at least one investment training session within 12
months after taking office or assuming duties, and shall attend an investment training session not
less than once in a two-year period and receive not less than 10 hours of instruction relating to
investment responsibilities from an independent source approved by the Fiscal Affairs
Committee. For the purposes of this policy, an "independent source" is defined as a professional
organization, an institute of higher learning or any other sponsor other than a Business
Organization with whom the City may engage in investment transactions. Independent sources
that may provide investment training include the Government Treasurer's Organization of Texas,
the University of North Texas, the Government Finance Officers Association of Texas, or the
Texas Municipal League. Training shall be in accordance with the Public Funds Investment Act
and shall include education in investment controls, security risks, market risks, and compliance
with statutes governing the investment of public funds.
VII. INVESTMENTS
ACTIVE PORTFOLIO MANAGEMENT The City intends to pursue active versus passive
portfolio management philosophy. That is, securities may be sold before they mature if market
conditions present an opportunity for the City to benefit from the trade.
AUTHORIZED INVESTMENTS Assets offunds of the government of the City of La Porte may
be invested in the following as authorized by the Public Funds Investment Act:
A. Obligations of, or Guaranteed by Governmental Entities
1. Except as provided by Subsection (b), the following are authorized investments under
this section:
a) obligations of the United States or its agencies and instrumentalities;
b) direct obligations of this state or its agencies and instrumentalities;
c) collateralized mortgage obligations directly issued by a federal agency or
instrumentality of the United States, the underlying security for which is guaranteed
by an agency or instrumentality of the United States;
d) other obligations, the principal and interest of which are unconditionally guaranteed
or insured by, or backed by the full faith and credit of, this state or the United States
or their respective agencies and instrumentalities; and
e) obligations of states, agencies, counties, cities, and other political subdivisions of any
state rated as to investment quality by a nationally recognized investment rating firm
not less than A or its equivalent.
2. The following are not authorized investments under this section:
a) obligations whose payment represents the coupon payment on the outstanding
principal balance of the underlying mortgage-backed security collateral and pays not
principal (Interest only bonded);
b) obligations whose payment represents the principal stream of cash from the
underlying mortgage-backed security collateral and pays no interest (Principal only
bonds);
c) collateralized mortgage obligations that have a final stated maturity date of greater
that 10 years; and
d) collateralized mortgage obligations, the interest rate of which is determined by an
index that adjusts opposite to the changes in a market index.
B. Certificates of Deposit and Share Certificates
1. A certificate of deposit is an authorized investment under this Subchapter if the
certificate is issued by a state or national bank domiciled in this state, a savings bank
domiciled in this state, or a state or federal credit union domiciled in this state and is:
a) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor
or the National Credit Union Share Insurance Fund or its successor;
b) secured by obligations that are described by Section 2256.009 (a), including
mortgage backed securities directly issued by a federal agency or instrumentality that
have a market value of not less than the principal amount of the certificates, but
excluding those mortgage backed securities of the nature described by Section
2256.009 (b); or
c) secured in any other manner and amount provided by law for deposits of the
investing entity.
C. Repurchase Agreements
1. A fully collateralized repurchase agreement IS an authorized investment under this
Subsection if the repurchase agreement:
a) has a defined termination date;
b) is secured by obligations described by Section 2256.009 (a)(1); and
c) requires the securities being purchased by the entity to be pledged to the entity, held
in the entity's name, and deposited at the time the investment is made with the entity
or with a third party selected and approved by the entity; and
d) is placed through a primary government securities dealer, as defined by the Federal
Reserve, or a financial institution doing business in this state.
e) repurchase agreements and reverse repurchase agreements shall be entered into only
with dealers who have executed a Master Repurchase Agreement with the City.
2. In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for
a specified time, and sell back at a future date obligations described by Subsection A,
l,a), at a market value at the time the funds are disbursed of not less than the principal
amount of the funds disbursed. The term includes a direct security repurchase agreement
and a reverse security repurchase agreement.
3. Notwithstanding any other law, the term of any reverse security repurchase agreement
may not exceed 90 days after the date the reverse security repurchase agreement is
delivered.
4. Money received by an entity under the terms of a reverse security repurchase agreement
shall be used to acquire additional authorized investments, but the term of the authorized
investments acquired must mature no later than the expiration date stated in the reverse
security repurchase agreement.
D. Banker's Acceptances
1. A banker's acceptance is an authorized investment under this subchapter if the banker's
acceptance:
a) has a stated maturity of270 days or fewer from the date of its issuance;
b) will be, in accordance with its terms, liquidated in full at maturity;
c) is eligible for collateral for borrowing from a Federal Reserve Bank; and
d) is accepted by a bank organized and existing under the laws of the United States or
any state, if the short-term obligations of the bank, or of a bank holding company of
which the bank is the largest subsidiary, are rated not less that A-lor P-l or an
equivalent rating by at least one nationally recognized credit rating agency.
E. Commercial Paper
1. Commercial paper is an authorized investment under this subchapter if the commercial
paper;
a) has a stated maturity of 270 days or fewer from the date of its issuance; and
b) is rated not less than A-lor P-I or an equivalent rating by at least;
c) two nationally recognized credit rating agencies; or
d) one nationally recognized credit rating agency and is fully secured by an irrevocable
letter of credit issued by a bank organized and existing under the laws of the United
States or any state.
F. Mutual Funds
I. A no-load money market mutual fund is an authorized investment under this subchapter
if the mutual fund:
a) is registered with and regulated by the Securities and Exchange Commission;
b) provides the investing entity with a prospectus and other information required by the
Securities and Exchange Act of 1934 (15 U.s.c. Section 80a-1 et seq.);
c) has a dollar-weighted average stated maturity of90 days or fewer; and
d) includes in its investment objectives the maintenance of a stable net asset value of $1
for each share.
2. In addition to a no-load money market mutual fund permitted as an authorized investment
in Subsection (a), a no-load mutual fund is an authorized investment under this Section if
the mutual fund:
a) is registered with the Securities and Exchange Commission;
b) has an average weighted maturity of less than two years;
c) is invested exclusively in obligations approved by this subchapter;
d) is continuously rated as to investment quality by at least one nationally recognized
investment rating firm of not less than AAA or it equivalent; and
e) conforms to the requirements set forth in Sections 2256.016 (b) and (c) relating to the
eligibility of investment pools to receive and invest funds of investing entities.
3. An entity is not authorized by this section to:
a) invest in the aggregate more than 15 percent of its monthly average fund balance,
excluding bond proceeds and reserves in other funds held for debt service, in mutual
funds described in Subsection (b);
b) invest any portion of bond proceeds, reserves and funds held for debt service, in
mutual funds described in Subsection (b); or
c) invest its funds or funds under its control, including bond proceeds and reserves and
other funds held for debt service, in anyone mutual fund described in Subsection (a)
or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund.
G. Investment Pools
1. An entity may invest its funds and funds under its control through an eligible investment
pool if the governing body of the entity by rule, order, ordinance, or resolution, as
appropriate, authorizes investment in the particular pool. An investment pool shall invest
the funds it receives from entities in authorized investments permitted by this subchapter.
2. To be eligible to receive funds from and invest funds on behalf of an entity under this
chapter, an investment officer or other authorized representative of the entity an offering
circular or other similar disclosure instrument that contains, at a minimum, the following
information:
a) the types of investments in which money is allowed to be invested;
b) the maximum average dollar-weighted maturity allowed, based on the stated maturity
date, of the pool;
c) the maximum stated maturity date any investment security within the portfolio has;
d) the objectives of the pool;
e) the size of the pool;
f) the names of the members of the advisory board of the pool and the dates their terms
expire;
g) the custodian bank that will safekeep the pool's assets;
h) whether the intent of the pool is to maintain a net asset value of one dollar and the
risk of market price fluctuation;
i) whether the only source of payment is the assets of the pool at market value or
whether there is a secondary source of payment, such as insurance or guarantees, and
a description of the secondary source of payment;
j) the name and address of the independent auditor of the pool;
k) the requirements to be satisfied for an entity to deposit funds in and withdraw funds
from the pool and any deadlines or other operating policies required for the entity to
invest funds in and withdraw funds from the pool; and
1) the performance history of the pool, including yield average dollar-weighted
maturities, and expense ratios.
3. To maintain eligibility to receive funds from and invest funds on behalf of an entity under
this chapter, an investment pool must furnish to the investment officer or other
authorized representative of the entity:
a) investment transaction confirmations; and
b) a monthly report that contains, at a minimum, the following information:
1. the types and percentage breakdown of securities in which the pool is invested;
B. the current average dollar-weighted maturity, based on the stated maturity date,
of the pool;
lll. the current percentage of the pool's portfolio in investments that have stated
maturities of more than one year;
iv. the book value versus the market value of the pool's portfolio, using the
amortized cost valuation;
v. the size of the pool;
VI. the number of participants in the pool;
VB. the custodian bank that is safekeeping the assets of the pool;
viii. a listing of daily transaction activity of the entity participating in the pool;
IX. the yield and expense ratio of the pool;
x. the portfolio managers ofthe pool; and
Xl. any changes or addenda to the offering circular.
4. An entity by contract may delegate to an investment pool the authority to hold legal title
as custodian of investments purchased with its local funds.
5. In this section, "yield" shall be calculated in accordance with regulations governing the
registration of open-end management investment companies under the Investment
Company Act of 1940, as promulgated from time to time by the Federal Securities and
Exchange Commission.
6. To be eligible to receive funds from and invest funds on behalf of an entity under this
chapter, a public funds investment pool created to function as a money market mutual
fund must mark its portfolio to market daily, and, to the extent reasonably possible,
stabilize a $1 net asset value. If the ratio of the market value of the portfolio divided by
the book value ofthe portfolio is less than 0.995 or greater than 1.005, portfolio holdings
shall be sold as necessary to maintain the ratio between 0.995 and 1.005.
7. To be eligible to receive funds from and invest funds on behalf of an entity under this
chapter, a public funds investment pool must have an advisory board composed:
a) equally of participants in the pool and other persons who do not have a business
relationship with the pool and are qualified to advise the pool, for a public funds
investment pool created under Chapter 791 and managed by a state agency; or
b) of participants in the pool and other persons who do not have a business relationship
with the pool and are qualified to advise the pool, for other investment pools.
8. To maintain eligibility to receive funds from and invest funds on behalf of an entity under
this chapter, an investment pool must be continuously rated no lower that AAA or AAA-
m or at an equivalent rating by at least one nationally recognized rating service.
EXISTING INVESTMENTS Any investments currently held that do not meet the guidelines of
this policy shall be reviewed to determine the ability to liquidate. If the investment cannot be
liquidated because of material adverse change in the value since the time of purchase, and holding
the investment to maturity does not negatively affect disbursements or cash flow, a
recommendation of holding said investment to maturity is acceptable.
PROCUREMENT Investments of subsections A-G of this section may be made only after
competitive bids are solicited from at least three sources, with the exception of a) transactions
with money market mutual funds and local government investment pools, and b) treasury and
agency securities purchased at issue through an approved broker/dealer or financial institution.
MONITORING The market value of each investment shall be obtained monthly from a source
such as the Wall Street Journal newspaper, a reputable brokerage firm or security pricing service
and reported on the monthly investment reports.
LENGTH OF INVESTMENTS The maximum stated maturity, from the date of purchase, for
any individual investment may not exceed 5 years and the maximum dollar-weighted average
maturity for the pooled fund group (investment portfolio) may not exceed 2 years.
DIVERSIFICATION It is the policy of the City of La Porte to diversify its investment portfolios.
Assets held in the common investment portfolio shall be diversified to eliminate the risk of loss
resulting from one concentration of assets in a specific maturity, a specific issuer or a specific
class of securities. Diversification strategies shall be determined and revised periodically by the
Fiscal Affairs Committee.
In establishing specific diversification strategies, the following general policies and constraints
shall apply:
A. Portfolio maturities shall be staggered in a way that protects interest income from the
volatility of interest rates and that avoids undue concentration of assets in a specific maturity
sector. Securities shall be selected which provide for stability of income and reasonable
liquidity. The City shall continually invest a portion of the portfolio in readily available
funds such as local government investment pools (LGIPs), money market funds or overnight
repurchase agreements to ensure that appropriate liquidity is maintained in order to meet
ongoing obligations.
B. The Fiscal Affairs Committee shall establish strategies and guidelines for the percentage of
the total portfolio that may be invested in securities other than repurchase agreements,
Treasury bill and notes, or insured and collateralized certificates of deposits. The Fiscal
Affairs Committee shall conduct a semi-annual review of these guidelines, and shall
evaluate the probability of market and default risk in various investment sectors as part of its
considerations.
FINANCIAL INSTRUMENTS Maximum allowable percentages of the total portfolio for
investments are stated as follows:
Investment Type
1. Investment Pools
2. Money Market Accounts
3. Certificates of Deposit
4. U.S. Government Securities
5. U.S. Agency Securities
6. Municipal Securities
7. Repurchase Agreements
8. Bankers' Acceptance Bonds
9. Commercial Paper
VIII. SELECTION OF BANKS AND DEALERS
Maximum Limit
100%
10%
60%
80%
80%
20%
50%
35%
35%
BIDDING PROCESS Depositories shall be selected through the City's banking services
procurement process, which shall include a formal request for proposal (RFP) issued every three
(3) years. In selecting depositories, the credit worthiness of institutions shall be considered, and
the Director of Finance shall conduct a comprehensive review of prospective depositories credit
characteristics and financial history.
INSURABILITY Banks and Savings & Loans Associations seeking to establish eligibility for
the City's competitive certificate of deposit purchase program, shall submit financial statements,
evidence of Federal insurance and other information as required by the Director of Finance.
PRIMARY DEALERS AND APPROVED LIST For brokers and dealers of government
securities, Investment Officers shall select only those dealers reporting to the Market Reports
Division of the Federal Reserve Bank of New York, also known as "primary government
securities dealers," unless a comprehensive credit and capitalization analysis reveals that other
firms are adequately financed to conduct public business. Before engaging in investment
transactions with a broker/dealer, the Investment Officer shall have received, from a Qualified
Representative of said firm, a signed Certification Form. (Exhibit B) This form shall attest that
the individual responsible for the City's account with that firm has (1) received and reviewed the
investment policy of the entity; and (2) acknowledged that the business organization has
implemented reasonable procedures and controls in an effort to preclude investment transactions
conducted between the entity and the organization that are not authorized by the entity's
investment policy, except to the extent that this authorization is dependent on an analysis of the
makeup of the entity's entire portfolio or requires an interpretation of subjective investment
standards. Investment Officers of the City may not acquire or otherwise obtain any authorized
investment described in the investment policy from a person who has not delivered a signed
Certification Form. The Fiscal Affairs Committee shall at least annually review, revise, and
adopt a list of qualified brokers that are authorized to engage in investment transactions with the
City. (Exhibit A)
IX. SAFEKEEPING AND CUSTODY
INSURANCE OR COLLATERAL All bank deposits, certificates of deposit, and repurchase
agreements shall be secured by pledged collateral. Bank deposits and certificates of deposit shall
be collateralized with a market value equal to no less than 102% of the deposits plus accrued
interest less than an amount insured by FDIC. Repurchase agreements shall be monitored daily.
Evidence of the pledged collateral shall be maintained by the Director of Finance or a third party
financial institution. Repurchase agreements shall be documented by specific agreement noting
the collateral pledged in each agreement. Collateral shall be reviewed monthly to assure the
market value of the securities pledged equals or exceeds the related bank balances.
SAFEKEEPING AGREEMENT All safekeeping arrangements shall be in accordance with a
Safekeeping Agreement approved by the Fiscal Affairs Committee which clearly defines the
procedural steps for gaining access to the collateral should the City of La Porte determine that the
City's funds are in jeopardy. The safekeeping institution, or Trustee, shall be the Federal Reserve
Bank or an institution not affiliated with the firm pledging the collateral. The safekeeping
agreement shall include the signatures of the City of La Porte, the firm pledging the collateral,
and the Trustee.
COLLATERAL DEFINED The City of La Porte shall accept only the following securities as
collateral:
A. FDIC insurance coverage;
B. United States Treasuries and Agencies;
C. Texas State, City, County, School or Road District bonds with a remaining maturity of ten
(10) years or less with rating from a nationally recognized investment rating firm and having
received a rating of not less than A or its equivalent;
D. Other securities as approved by the Fiscal Affairs Committee.
SUBJECT TO AUDIT All collateral shall be subject to inspection and audit by the Director of
Finance or the City's independent auditors.
DELIVERY VERSUS PAYMENT All investment transactions, with the exception of local
government investment pools and mutual fund transactions, shall be purchased using the delivery
versus payment method. That is, funds shall not be wired or paid until verification has been made
that the collateral was received by the Trustee. The collateral shall be held in the name of the
City or held on behalf of the City. The Trustee's records shall assure the notation of the City's
ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall
be delivered to the City.
X. MANAGEMENT AND INTERNAL CONTROLS
The Director of Finance shall establish a system of internal controls, which shall be reviewed by
an independent auditor. The controls shall be designed to prevent losses of public funds arising
from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial
markets, or imprudent actions by employees or Investment Officers of the City.
Controls and managerial emphasis deemed most important that shall be employed where practical
are:
A. Control of collusion.
B. Separation of duties.
C. Separation of transaction authority from accounting and record keeping.
D. Custodian safekeeping receipts records management.
E. Avoidance of physical delivery securities.
F. Clear delegation of authority.
G. Documentation on investment bidding events.
H. Written conformation of telephone transactions.
1. Reconcilement and comparisons of security receipts with the investment subsidiary records.
J. Compliance with investment policies.
K. Accurate and timely reports.
L. Validation of investment maturity decisions with supporting cash flow data.
M. Adequate training and development of Investment Officers.
N . Verification of all interest income and security purchase as sell computations.
O. Review of financial condition of all brokers, dealers and depository institutions.
P. Staying informed about market conditions, changes, and trends that require adjustments in
investment strategies.
COMPLIANCE AUDIT The City of La Porte shall perform, in conjunction with its annual
financial audit, a compliance audit of management controls on investments and adherence to the
entity's established investment policies. The audit shall include a formal review of the quarterly
investment reports by an independent auditor and the results reported to the governing body by
the independent auditor. Also, the governing body shall review its investment policy and
investment strategy not less than annually and adopt a written instrument by rule, order,
ordinance, or resolution stating that it has reviewed the investment policy and strategy, and
recorded any changes made to them.
Exhibit A
City of La Porte
Approved List of BrokerslDealers and Investment Pools
BrokerslDealers
Coastal Securities
Wells Fargo
Duncan Williams, Inc.
Morgan Stanley, Inc.
Investment Pools
TexPool
LOGIC Investment Pool
TexSTAR
Exhibit B
BROKERlDEALER CERTIFICATION FORM
As required by Texas Government Code 2256.005 (k-l)
CITY OF LA PORTE, TEXAS
This certification is executed on behalf of (the Investor)
and (the Dealer) pursuant to the Public Funds
Investment Act, Chapter 2256, Government Code, Texas Codes Annotated (the Act) in
connection with investment transactions conducted between the Investor and Dealer.
The Undersigned Qualified Representative of the Dealer hereby certifies on behalf of the
Dealer that:
1. The Dealer Qualified Representative is duly authorized to execute this
Certification on behalf of the Dealer, and
2. The Dealer Qualified Representative has received and reviewed the Investment
Policy furnished by the Investor, and
3. The Dealer has implemented reasonable procedures and controls in an effort to
preclude investment transactions conducted between the Dealer and the Investor
that are not authorized by the entity's investment policy, except to the extent that
this authorization is dependent on an analysis of the makeup of the entity's entire
portfolio or requires an interpretation of subjective investment standards.
Dealer Qualified Representative
Signature
Name (Printed):
Title:
Date:
Exhibit C
City of La Porte, Texas
Investment Strategy Statement
The City of La Porte, Texas (the "City") will strive to administer and invest its pooled
funds at the highest investment return possible while always taking into account the
primary goals of preservation of principal and liquidity of funds invested consistent with
the City's investment policy.
The City's funds, which are pooled together and constitute the investment portfolio,
include all financial assets of all funds managed by the City, including but not limited to
receipts of tax revenues, charges for services, bond proceeds, interest incomes, loans and
funds received by the City where the City performs a custodial function.
The City will never invest its funds in a security that is deemed unsuitable to the financial
requirements of the City. Maturities will be staggered in a manner that meets the cash
flow needs of the City.
The primary investment objective is the preservation and safety of principal. Each
investment transaction shall seek first to ensure that principal losses are avoided, whether
they are from security defaults or erosion of market value.
The City's investment portfolio will remain sufficiently liquid to enable the City to meet
operating requirements that might be reasonably anticipated. Liquidity shall be achieved
by matching investment maturities with forecasted cash flow requirements and by
investing in securities with active secondary markets.
The City shall always maintain a highly diversified investment portfolio in order to
reduce the amount of credit and market risk exposed to the City's portfolio.
After first considering safety and liquidity, the City's investment portfolio shall be
designed with the objective of regularly exceeding the average rate of return on U.S.
Treasury Bills at a maturity level comparable to the City's weighted average maturity in
days. The City shall seek to augment returns above this threshold consistent with risk
limitations identified in the City's investment policy and prudent investment principles.
"4
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June1t. 2007
Requested By: Michael G. Dolbv. CPA r
Appropriation
Source of Funds:
Department: Finance
Account Number:
Report: _Resolution: _Ordinance: -K-
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits: Interlocal A2reement
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte would like to participate with the North Central Texas Council of Governments (NCTCOG)
through an interlocal agreement for cooperative purchasing for actuarial shared services. The city will be able to
obtain an actuarial study of its annual required contribution to fund health insurance for retirees as recommended for
implementation of Governmental Accounting Standards Board statement number 45 (GASB 45). The NCTCOG has
gone through the bid process and selected an actuarial firm. If the city participates in the cooperative purchasing
program, the city will able to obtain an actuarial study at a reduced fee.
RevC~e..et
~"'( ~ ~~C-.~ A-ff~
C~1f/
Action Required by Council:
Recommend that the Council receive and approve the interlocal agreement with NCTCOG.
c / ,S' If) ?
Date I (
ORDINANCE NO. 2007 - jOOO
1 A 61 {~
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LA PORTE AND NORTH CENTRAL TEXAS COUNCIL OF
GOVERNMENTS, FOR COOPERATIVE PURCHASING FOR ACTUARIAL SHARED
SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary.
The Interim City Manager is hereby
authorized to execute such document and all related documents on
behalf of the City of La Porte.
The city Secretary is hereby
authorized to attest to all such signatures and to affix the seal
of the City to all such documents.
section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the pUblic as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of June, 2007.
CITY OF LA PORTE
By:
Alton E. Porter, Mayor
ATTEST:
jllfJAH1rJ--O.~)
Martha A. G11lett
city Secretary
APPROVED:
Cl"~~i~ ~
Assistant City Attorney
2
INTERLOCAL AGREEMENT
FOR
COOPERATIVE PURCHASING
FOR
ACTUARIAL SHARED SERVICES
THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered into pursuant to the Texas Interlocal
Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the North Central Texas Council of
Governments, hereinafter referred to as "NCTCOG," having its principal place of business at 616 Six Flags Drive,
Arlington, Texas 76011, and the City of La Porte, a local government, created and operated to provide one or more
governmental functions and services, hereinafter referred to as "Participant," having its principal place of business at
604 W. Fairmont Parkway, La Porte, Texas 77571.
WITNESETH
WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating
under Chapter 391, Texas Local Government Code; and
WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental
functions and services, including the development of a standard approach for acquiring actuarial services; and
WHEREAS, in reliance on such authority, NCTCOG has a cooperative purchasing program under which it contracts
with eligible entities under the Act; and
WHEREAS, Participant has represented that it is an eligible entity under the Act, that by Administrative Action has
authorized this Agreement on (Date)* and that it desires to contract with NCTCOG on the
terms set forth below;
NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act
because its a local government, as defmed in the Act, and (2) it possesses adequate legal authority to enter into this
Contract.
ARTICLE 2: APPLICABLE LAWS
NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable rules,
regulations, and ordinances and laws in effect or promulgated during the term of this Agreement.
ARTICLE 3: WHOLE AGREEMENT
This Agreement and any attachments, as provided herein, constitute the complete contract between the parties hereto, and
supersede any and all oral and written agreements between the parties relating to matters herein.
ARTICLE 4: BILLINGS
Billings will be generated for the Actuarial Shared Services through Gabriel Roeder Smith & Company and will include
an Administrative Fee of$lOO per valuation cycle (annually or biennially) payable to NCTCOG.
ARTICLE 5: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by both parties, except that any alternations,
additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or
regulations are automatically incorporated into this Agreement without written amendment hereto and shall become
effective on the date designated by such law or regulation.
NCTCOG reserves the right to make changes in the scope services offered through the Cooperative Purchasing Program
to be pertormed hereunder.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS
FOLLOWS:
*Denotes requiredfields
NOTE: Facsimile cOllies of this document shall not be accelltable as ORIGINALS.
_Interstate vI rev. 10/05
* City of La Porte
Name of Participant (local government, agency. or non-profit
corporation)
North Central Texas Council of Governments
616 Six Flags Drive, Arlington, Texas 76011
* 604 W. Fairmont Parkwav
Mailing Address
* La Porte
City
*Bv:
Signature of Authorized Official
Tx
State
77571
ZIP Code
*
Typed Name of Authorized Official
*Bv:
Signature of Authorized Official
*
Typed Title of Authorized Official Date
* John Joerns
Typed Name of Authorized Official
* Interim City Manager
Typed Title of Authorized Official Date
INTERLOCAL AGREEMENT
FOR
COOPERATIVE PURCHASING
FOR
ACTUARIAL SHARED SERVICES
THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered into pursuant to the Texas Interlocal
Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the North Central Texas Council of
Governments, hereinafter referred to as "NCTCOG," having its principal place of business at 616 Six Flags Drive,
Arlington, Texas 76011, and the City of La Porte, a local government, created and operated to provide one or more
governmental functions and services, hereinafter referred to as "Participant," having its principal place of business at:
604 W. Fairmont Parkway, La Porte, Texas 77571.
WITNESETH
WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating
under Chapter 391, Texas Local Government Code; and
WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental
functions and services, including the development of a standard approach for acquiring actuarial services; and
WHEREAS, in reliance on such authority, NCTCOG has a cooperative purchasing program under which it contracts
with eligible entities under the Act; and
WHEREAS, Participant has represented that it is an eligible entity under the Act, that by Administrative Action has
authorized this Agreement on (Date)* and that it desires to contract with NCTCOG on the
terms set forth below;
NOW, THEREFORE, NCTCOG and the P ARTICIP ANT do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act
because its a local government, as defined in the Act, and (2) it possesses adequate legal authority to enter into this
Contract.
ARTICLE 2: APPLICABLE LAWS
NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable rules,
regulations, and ordinances and laws in effect or promulgated during the term of this Agreement.
ARTICLE 3: WHOLE AGREEMENT
This Agreement and any attachments, as provided herein, constitute the complete contract between the parties hereto, and
supersede any and all oral and written agreements between the parties relating to matters herein.
ARTICLE 4: BILLINGS
Billings will be generated for the Actuarial Shared Services through Gabriel Roeder Smith & Company and will include
an Administrative Fee of $100 per valuation cycle (annually or biennially) payable to NCTCOG.
ARTICLE 5: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by both parties, except that any alternations,
additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or
regulations are automatically incorporated into this Agreement without written amendment hereto and shall become
effective on the date designated by such law or regulation.
NCTCOG reserves the right to make changes in the scope services offered through the Cooperative Purchasing Program
to be performed hereunder.
TillS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS
FOLLOWS:
*Denotes required fields
NOTE: Facsimile covies of this document shall not be acceptable as ORIGINALS.
_Interstate v I rev. 10/05
* City of La Porte
Name of Participant (local government, agency, or non-profit
corporation)
North Central Texas Council of Governments
616 Six Flags Drive, Arlington, Texas 760 II
* 604 W. Fairmont Parkwav
Mailing Address
* La Porte
City
*Bv:
Signature of Authorized Official
Tx
State
77571
ZIP Code
*
Typed Name of Authorized Official
*Bv:
Signature of Authorized Official
*
Typed Title of Authorized Official Date
* John Joems
Typed Name of Authorized Official
* Interim City Manager
Typed Title of Authorized Official Date
INTERLOCAL AGREEMENT
FOR
COOPERATIVE PURCHASING
FOR
ACTUARIAL SHARED SERVICES
THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered into pursuant to the Texas Interlocal
Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the North Central Texas Council of
Governments, hereinafter referred to as "NCTCOG," having its principal place of business at 616 Six Flags Drive,
Arlington, Texas 76011, and the City of La Porte, a local government, created and operated to provide one or more
governmental functions and services, hereinafter referred to as "Participant," having its principal place of business at:
604 W. Fairmont Parkway, La Porte, Texas 77571.
WITNESETH
WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating
under Chapter 391, Texas Local Government Code; and
WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental
functions and services, including the development of a standard approach for acquiring actuarial services; and
WHEREAS, in reliance on such authority, NCTCOG has a cooperative purchasing program under which it contracts
with eligible entities under the Act; and
WHEREAS, Participant has represented that it is an eligible entity under the Act, that by Administrative Action has
authorized this Agreement on (Date)* and that it desires to contract with NCTCOG on the
terms set forth below;
NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act
because its a local government, as defined in the Act, and (2) it possesses adequate legal authority to enter into this
Contract.
ARTICLE 2: APPLICABLE LAWS
NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable rules,
regulations, and ordinances and laws in effect or promulgated during the term of this Agreement.
ARTICLE 3: WHOLE AGREEMENT
This Agreement and any attachments, as provided herein, constitute the complete contract between the parties hereto, and
supersede any and all oral and written agreements between the parties relating to matters herein.
ARTICLE 4: BILLINGS
Billings will be generated for the Actuarial Shared Services through Gabriel Roeder Smith & Company and will include
an Administrative Fee of$100 per valuation cycle (annually or biennially) payable to NCTCOG.
ARTICLE 5: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by both parties, except that any alternations,
additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or
regulations are automatically incorporated into this Agreement without written amendment hereto and shall become
effective on the date designated by such law or regulation.
NCTCOG reserves the right to make changes in the scope services offered through the Cooperative Purchasing Program
to be performed hereunder.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS
FOLLOWS:
*Denotes requiredfields
NOTE: Facsimile copies of this document shall not be acceptable as ORIGINALS.
)nterstate v 1 rev. 10/05
* Citv of La Porte
Name of Participant (local government. agency. or non-profit
corporation)
North Central Texas Council of Governments
616 Six Flags Drive, Arlington, Texas 76011
* 604 W. Fairmont Parkwav
Mailing Address
* La Porte
City
*Bv:
Signature of Authorized Official
Tx
State
77571
ZIP Code
*
Typed Name of Authorized Official
*By:
Signature of Authorized Official
*
Typed Title of Authorized Official Date
* John Joems
Typed Name of Authorized Official
* Interim City Manager
Typed Title of Authorized Official Date
ORDINANCE NO. 2007- 3001
AN ORDINANCE APPROVING AND AUTHORIZING A SETTLEMENT AGREEMENT
BETWEEN THE CITY OF LA PORTE AND THE CYNTHIA L. COLVIN REVOCABLE
LIVING TRUST, A TEXAS TRUST, MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary.
The Interim City Manager is hereby
authorized to execute such document and all related documents on
behalf of the City of La Porte.
The City Secretary is hereby
authorized to attest to all such signatures and to affix the seal
of the City to all such documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this f ~day of Q;1JM/ ,2007.
ij
R~ .OF LA P~
By: ~ &.." '(~
Alton E. Porter, Mayor
ATTEST:
7:!JftftJlu 4 / ik./'
M rth A. Gil ett .
City Secretary
APPROVED:
~-r~
Clark T. Askins
Assistant city Attorney
2
--
-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Agenda Date Requested: June
Appropriation
1
Source of Funds:
Department:
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Memorandum to Fiscal Affairs Committee
Amount Requested:
Exhibits: Memorandum Ree:ardine: Home Grant Prol!ram
Budgeted Item: YES NO
Exhibits: 2006 HOME Pro~ram Buildine Sites
SUMMARY & RECOMMENDATION
Habitat for Humanity made a presentation to the Fiscal Affairs Committee to discuss issues/pressures
they are facing and the City's policy regarding disposition of delinquent tax properties and potentially
other property.
The Fiscal Affairs Committee's policy has been to get market value or at least the adjudged value (HCAD
value) for these properties.
^-
Habitat for Humanity has seen press releases that note the donation of City property as part of grant
applications and awards and have inquired if they could receive similar consideration regarding property
acquisition.
Habitat for Humanity will wish to discuss additional considerations for their program here in La Porte and
the Fiscal Affairs Committee recommended review by the full Council.
Attached is information regarding the City's contributions for the 2006 Home Grant Program.
Action Required bv Council:
Workshop discussion on additional considerations regarding property acquisition for the La Porte Habitat
for Humanity and provide staff direction.
6h~7
Date I I
City of La Porte
-
Interoffice Memorandum
From:
John Joems, Interim City
To:
Fiscal Affairs Committee
Date:
May 23, 2007
Subject:
Habitat for Humanity Presentation
Habitat for Humanity has requested a place on your agenda to discuss issues/pressures they are facing and
the Committee's/City's policy regarding disposition of delinquent tax properties and potentially other
property.
The Committee's policy has been to get market value or at least the adjudged value (HCAD value) for
these properties.
--,
Habitat for Humanity has seen press releases that note the donation of City property as part of grant
applications and awards.
Habitat for Humanity will wish to discuss additional considerations for their program here in La Porte.
c: Mayor and City Council
Michael Dolby, Interim Finance Director
JJ :cns
-
CITY OF LA PORTE PLANNING DEPARTMENT
604 W. Fairmont Parkway, La Porte, TX 77571
www.laportetx.qov
Phone: (281) 471-5020 I Fax (281) 471-5005
MEMORANDUM
RECEIVED
JUN 0 1 2007
CITY MANAGER'S
OFFICE
THRU:
Debra Feazelle, City Manager
TO:
Mayor and City Council
FROM:
Wayne J. Sapo, Planning Director
DATE:
August 30, 2006
Re:
Home Investment Partnership (HOME) Program'
The following is offered for clarification purposes regarding Item 21 on the August 28, 2006, City Council
Agenda to consider a contract between the City of La Porte and Harris County Community and Economic
Devflopment Departmentfor an award'in the amount of $457,300 jor funding the City of La Porte's Home
Program; appropriating $42,203 in City matchingfunds.
As stated in the summary to Council; the City is required to match 25% ($114,325) of the amOlmt awarded
($457,300). The match can include "in-kind" contributions, as well as cash. Council was provided a breakdown
of i'in-kind" contributions totaling $72,122.31, which represents expenses (actual and waived fees/liens) that
Harris County will accept as payment in lieu of cash, leaving an amount of $42,202.69 as the City's cash
contribution.
Fol" 'clarification, please note that although the City's. cash contribution is. $42,2{)~69-~ there is. an
additional $42,070 for "in-kind"actual expenses to the City. This equates to a total cost to the City of
$84,272.69 from the $91,000 budget.
Waived Permits and Fees
($3885.55 x 5 lots)
Liens Waved
$19,427.75
$10,624.56
Lots Appraised Value
(5 lots total)
Appraisal Fees
Deed Recording Fees
Lien Release Fees
$36,950.00
In-kind expense to City
Cash Contribution
Total Cost to City
$2,500.00
$100.00
$2,500.00
$20..00
$42,070.00
$42,202.69
$84,272.69
Clearing Permit
2006 H.O.M.E Program Building Sites
AddIess I...ro.u;rlptlon FlOOI'PIan CIty~bI.tti9n
IOtSltflM... ..........
211 N. 1st Street Lots 23-24; Blk 62 1317 sa FT Appraisal Fee $500
Adjudged Value $6,250
Liens $5,765
Recording Fees $36.25
$12,551.25
207 N. 2nd Street Lots 21-23; Blk 63 1270 sa FT Appraisal Fee $500
Adjudged Value $20,700
Liens $390
Recording Fees $52.25
$21,642.25
216 N. 2nd Street Lots 3-4; Blk 62 1270 sa FT Appraisal Fee $500
Adjudged Value $5,000
Liens $137.06
Recording Fees $36.25
$5,673.31
210 N. 6th Street Lots 9-11; Blk 66 1317 sa FT Appraisal Fee $500
Adjudged Value $7,500
Liens $1,746
Recording Fees $36.25
$9,782.25
224 N. 6th Street Lots 3-4; Blk 66 1270 sa FT Appraisal Fee $500
Adjudged Value $6,000
Liens $1,585
Recording Fees $52.25
$8,137.25
Prepared 5-29-07
June 11, 2007
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. City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
Mr. Stuart Corder
Director of Operations
Texas Department of Transportation
P.O. Box 1386
Houston, Texas 77251-1386
Dear Mr. Corder:
I am bringing an issue to your attention that has been brought to me in recent months
which I hope we can work together to resolve. The issue involves the installation of a full
traffic signal at the intersection of SH146 and Wharton-Weems Boulevard. This area
includes the new developments of Port Crossing Commerce Center and the Lakes of
Fairmont Green residential subdivision which are currently under construction.
..,.-
As you may know, TxDot originally required that a traffic and engineering study be
completed by the developer, Port Crossing Land, L.P., a copy of which is enclosed with
this correspondence. The study was prepared by TEDSI Infrastructure Group and the
analysis concluded that the intersection met and/or exceeded the minimum warrants
required for full signal installation. However, when representatives from Port Crossing
contacted TxDot to request authorization to install the traffic signal they met with
resistance from TxDot representatives. They were puzzled by the response or lack
thereof, especially in light of the fact that no funding is required by TxDot. Port Crossing
has already agreed to pay for not only the traffic signal but all the flashing lights, stop
ahead signage, and any other requirements requested of them by TxDot.
I know that there has to be a way to resolve this matter which makes sense to all parties
involved and therefore, I respectfully request that you reconsider this matter further.
Additionally, after your review I would like to meet with you along with our City Manager,
John Joerns and a representative from Port Crossing, Russell Plank in order to reach a
satisfactory solution for everyone involved.
Thank you for your attention to this matter, I look forward to hearing from you at your
earliest convenience regarding a meeting time. I can be reached at (281) 470-5002 and
Mr. Joerns is at (281) 470-5012.
Sincerely,
Alton Porter, Mayor
City of La Porte
Enclosure: TEDSI Study
Cc: Senator Mike Jackson
Representative Wayne Smith
Representative John Davis
Commissioner Garcia, Harris County Precinct 2
LPRDA Chairman, Lindsay Pfeiffer
AP/gb
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