HomeMy WebLinkAbout2007-11-12 Regular Meeting, Public Hearing and Workshop Meeting
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MINUTES OF REGULAR MEETING PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
November 12,2007
1. CALL TO ORDER
The meeting was called to order by Mayor Porter at 6:01pm.
Members of City Council Present: Mayor Pro Tern Rigby, Council members Tommy Moser,
Mike Clausen, Georgia Malone, Howard Ebow, Mike Mosteit, Barry Beasley and Mayor
Porter.
Members of Council Absent: Chuck Engelken
Members of City Executive Staff and City Employees Present: Assistant City Attorney
Clark Askins, City Manager Ron Bottoms, Assistant City Manager John Joerns, Parks and
Recreation Director Stephen Barr, Planning Director Wayne Sabo, Interim Finance Director
Michael Dolby, City Secretary Martha Gillett, Director of Public Works Steve Gillett,
Purchasing Manager Susan Kelley, Building Official Debbie Wilmore, Assistant Fire Chief
John Dunham, EMS Chief Ray Nolen, Main Street Coordinator Debra Dye, Human
Resources Specialist Nicole Hatter, Buyer Cherell Daeumer, Lieutenant Ron Parker,
Equipment Services Supervisor Isabel Salinas, Operations Manager Marlene Rigby,
Records Clerk Gina Ford, MIS Manager Al Owens, Lieutenant Steve Deardorff, Economic
Development Coordinator Gretchen Black, Detective David Huckabee, Public Works
Employee Freddie Doughty, Senior Services Superintendent Karen Beerman, Sergeant Matt
Daeumer, Chief of Police Richard Reff and a number of other employees.
Others Present: John Handy of Houston Chronicle, Adam Yanelli of Bay shore Sun, Dan
Chappell of Ministerial Alliance, Mrs. Salinas, Phillip Hoot, David Janda, Neil Welch, Alan
McCormick, Craig Artze, Janann Pittman, Reverend Rickles, Stan Avallose, Paul
Whitchurch, Matt Parsons, Jason Carter, Mike Dain, Moses Sample, David Hue, Lee
Stewart, Jesse Arenivas, Jr., Randy Sewell, David S. Watson, Hector Canlena, Roel Davis,
Ronda Lunsford and other citizens.
2. Dan Chappell of Ministerial Alliance delivered the invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENTATIONS / PROCLAMATIONS
5. Consent Agenda
A. Consider approving Minutes of the Regular Meeting and Public Hearing of La Porte
City Council held on October 22,2007.
B. Council to consider approval or other action awarding bid #07029 for city-wide
sidewalk in-fill project in the amount of$59,177.08 and to establish a contingency
fund of$7,360.09 that will be used to help fund additional area where new
sidewalks are needed.
City Council Regular Meeting, Public Hearing and Workshop Meeting -November 12, 2007
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C. Council to consider approval or other action regarding an Ordinance 3043 approving
and authorizing a Sanitary Sewer Service Agreement between the City of La Porte
and GWB Investments, L.P.
D. Council to consider approval or other action regarding an Ordinance 3044 declaring
intent to annex certain territories within Battleground Industrial District and Bayport
Industrial District.
E. Council to consider approval or other action regarding an Ordinance 2782- T
ratifying the reappointments of Dr. Say by LPISD Board of Trustees and Lindsay R.
Pfeiffer by Harris County.
F. Council to consider approval or other action to instruct the Interim Finance Director
to amend the various operating budgets for outstanding purchase orders.
G. Council to consider approval or other action approving utilization ofInterlocal
Agreement through the State of Texas Department ofInformation Resources.
Motion was made by Council member Rigby to approve consent agenda as presented.
Second by Council member Beasley. The motion carried.
Ayes: Mayor Porter, Mayor Pro Tern Rigby, Moser, Clausen, Mosteit, Ebow, Beasley
and Malone
Nays: None
Abstain: None
Absent: Engelken
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX P AYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON
THE AGENDA.
Jeremy Hendricks- 2203 Meadowlark Lane, La Porte, Texas was not present to speak to
City Council regarding Police Department concerns.
Ronda Lunsford - 10280 North "H" Street, La Porte, Texas addressed City Council
regarding Main Street Advisory Board po stings and minutes of meetings.
Father Gary Rickles - 816 Park Dr., La Porte, Texas 77571 - spoke in favor of passing
the Special Conditional Use permit for St. Mary's Catholic Church.
Janann Pttman - 5526 Benning Dr., Houston, Texas 77096, - spoke in favor of passing
the Special Conditional Use permit for St. Mary's Catholic Church.
Craig Artze - 19326 Indigo Lane Dr., Magnolia, Texas 77355 - spoke in favor of passing
the Special Conditional Use permit for St. Mary's Catholic Church.
7. Public Hearing - Council to conduct a Public Hearing to consider approval or other
action on recommendation of the Planning & Zoning Commission to approve Special
Conditional Use Permit #SCU-07-010 for proposed Multi-purpose hall to be located 816
Park Drive (Ord. No. 1501B6)
Open Public Hearing- Mayor Porter opened the Public Hearing at 6: 16 p.m.
City Council Regular Meeting, Public Hearing and Workshop Meeting -November 12,2007
Page 3
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 - to approve Special Conditional
Use Permit #SCU-07-01O for a proposed Multi-purpose hall to be located at 816 Park
Drive.
The Public Hearing was closed at 6:20 p.m.
8. Council to consider approval or other action regarding Ordinance 1501B6 (SCU-07-010)
Assistant City Attorney Clark Askins read: AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMMONL Y REFERRED TO AS THE ZONING ORDINANCE OF THE CITY
OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU-
07-010 FOR 6.4377 ACRE TRACT OWNED BY ST. MARY'S CHURCH AND
LOCATED AT 816 PARK DRIVE, LEGALLY DESCRIBED AS LOTS 1-21 & 24-28,
BLOCK 33, LOTS 2-16 & 27-28, BLOCK 34, LOTS 1-8, BLOCK 35, LOTS 1-29,
BLOCK 36, LOTS 6-28, BLOCK 37, BEACH PARK SUBDIVISION, JOHNSON
HUNTER SURVEY, ABSTRACT 35, FOR THE PURPOSE OF DEVELOPING A
MULTI-PURPOSE HALL IN A LOW-DENSITY RESIDENTIAL (R-l) ZONE;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
Motion was made by Councilmember Clausen to Approve Ordinance 1501B6 #SCU-07-
010 as recommended by Planning & Zoning Commission for the purpose of developing
a multi-purpose hall to be located at 816 Park Drive. Second by Councilmember Moser.
The motion carried.
Ayes: Mayor Porter, Mayor Pro Tern Rigby, Moser, Clausen, Mosteit, Ebow, Beasley
and Malone
Nays: None
Abstain: None
Absent: Engelken
9. Public Hearing -Council to conduct a Public Hearing to discuss and receive input from
public regarding changing of polling locations for the City of La Porte Elections.
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:21 p.m.
Assistant City Attorney Clark Askins presented summary and recommendation and
answered Council's questions.
Public Input: There were no citizens wishing to provide input.
Recommendation of Staff to approve Ordinance #3045 Establishing new Polling
locations for City of La Porte Elections.
City Council Regular Meeting, Public Hearing and Workshop Meeting -November 12,2007
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The Public Hearing was closed at 6:24 p.m.
10. Council to consider approval or other action regarding Ordinance #3045
Assistant City Attorney Clark Askins read: AN ORDINANCE ESTABLISHING NEW
POLLING LOCATIONS FOR CITY OF LA PORTE ELECTIONS; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AND EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Ebow to approve Ordinance #3045 as
recommended by Staff. Second by Councilmember Malone. The motion carried.
Ayes: Mayor Pro Tern Rigby, Mosteit, Ebow, Moser, Clausen Malone, Beasley and
Porter.
Nays: None
Abstain: None
Absent: Engelken
11. Council to consider approval or other action adopting the amended Regulation of Sex
Offenders Residency.(#2006-2901B)
Police Chief Reffpresented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2006-2901B- AN
ORDINANCE AMENDING ORDINANCE NO. 2006-2901 OF THE CITY OF LA
PORTE, AND AMENDING CHAPTER 42 "MISCELLANEOUS OFFENSES" OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMDENDING
ARTICLE V "REGULATION OF SEX OFFENDER RESIDENCY", MAKING IT
UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 1000 FEET
OF PREMISES WHERE CHILDREN GATHER; PROVIDING FINDINGS OF FACT
AND OTHER MATTERS RELATED THERETO; PROVIDING AN AFFIRMATIVE
DEFENSE; PROVIDING FOR A PENALTY; PROVIDING FOR A SEVERABILITY
CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made by Council member Ebow to approve Ordinance 2006-2901-B as
presented By Chief Reff. Second by Council member Mosteit. The motion carried.
Ayes: Mayor Pro Tern Rigby, Mosteit, Moser, Clausen, Ebow, Beasely, Malone and
Porter
Nays: None
Abstain: None
Absent: Engelken
12. Council to consider approval or other action authorizing the Mayor to execute the
Economic Development Grant Agreement between the City of La Porte and Wesmor
Cryogenic Manufacturing LTD.
Economic Development Coordinator Gretchen Black presented summary and
recommendation and answered Council's questions.
City Council Regular Meeting, Public Hearing and Workshop Meeting -November 12,2007
Page 5
Assistant City Attorney Clark Askins read: ORDINANCE 2007-3046- AN
ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF LA PORTE, TEXAS, THE CITY OF LA PORTE DEVELOPMENT
CORPORATION, AND WESMOR CRYOGENIC MANUFACTURING LTD. FOR
USE OF 4B SALES TAX FUNDS; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Clausen to approve Ordinance 2007-3046
as presented by Ms. Black. Second by Councilmember Beasley. The motion carried.
Ayes; Mayor Pro Tern Rigby, Mosteit, Moser, Clausen, Ebow, Beasley, Malone and
Porter
Nays:
Abstain:
Absent: Engelken
13. Council to consider approval or other action authorizing the Mayor to execute the
Economic Development Grant between the City of La Porte, Texas and Wesmor
Cryogenic Manufacturing, LTD.
(Ordinance 2007-3047)
Economic Development Coordinator Gretchen Black presented summary and
recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2007-3047- AN
ORDINANCE APPROVING AND AUTHORIZING AN ECONOMIC
DEVELOPMENT INCENTIVES GRANT AGREEMENT BETWEEN THE CITY OF
LA PORTE, TEXAS AND WESMOR CRYOGENIC MANUFACTURING L TD;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion made by Councilmember Clausen to approve Ordinance 3047 as presented by
Ms. Black. Second by Councilmember Moser. The motion carried.
Ayes: Mayor Porter, Mayor Pro Tern Rigby, Moser, Clausen, Mosteit, Ebow, Beasley
and Malone.
Nays: None
Abstain: None
Absent: Engelken
14. Council to consider approval or other action regarding an ordinance amending Chapter
82 of the Code of Ordinances by adopting one of the two 2006 Code Editions
(International Code Council) with or without the inclusion of wind borne debris
requirement.
Building Official Debbie Wilmore presented summary and recommendation and
answered Council's questions.
City Council Regular Meeting, Public Hearing and Workshop Meeting -November 12, 2007
Page 6
Assistant City Attorney read: ORDINANCE 96-2079K- AN ORDINANCE
ADOPTING NEW BUILDING CODES (INTERNATIONAL CODE COUNCIL) BY
AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE; BY AMENDING CHAPTER 82, "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE II "BUILDING CODES," SECTION 82-31
"ADOPTION" AND SECTIONS 82-32 AND 82-33 "AMENDMENTS", ARTICLE III
"PLUMBING CODE" SECTION 82-66 "ADOPTION" AND SECTION 82-67
"AMENDMENTS" ARTICLE V "FUEL GAS CODE" SECTION 82-381
"ADOPTION" AND SECTION 82-382 "AMENDMENTS" ARTICLE VI "ENERGY
CONSERVATION CODE", SECTION 82-412 "ADOPTION" AND SECTION 82-413
"AMENDMENTS", ARTICLE VII "MECHANICAL CODE", SECTION 82-441
"ADOPTION" AND SECTION 82-442 "AMENDMENTS", PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUlL TY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN
A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AND EFFECTIVE
DATE HEREOF.
Motion was made by Councilmember Moser to approve Ordinance 96-2079K as
presented by Ms. Wilmore. Second made by Councilmember Malone. The motion
carried.
Ayes: Mayor Porter, Moser, Clausen, Mosteit, Ebow and Malone.
Nays: Mayor Pro Tern Rigby
Abstain:
Absent: Engelken
15. Council to consider approval or other action approving a Service agreement for a term of
three years with AT&T as internet provider.
IT Manager Al Owens presented summary and recommendation and answered Council's
questions.
Motion was made by Councilmember Mosteit to approve the agreement as presented by
Mr. Owens. Second by Councilmember Ebow. The motion carried.
Ayes: Mayor Porter, Mayor Pro Tern Rigby, Moser, Clausen, Mosteit, Ebow and
Malone.
Nays: None
Abstain: Beasley
Absent: Engelken
16. Council to consider approval or other action regarding an ordinance amending the
budget for fiscal year 2007/2008. (Ordinance 2007-3024-C)
Interim Finance Director Michael Dolby presented summary and recommendation and
answered Council's questions.
Assistant City Attorney Clark Askins read: Ordinance 3024-C, AN ORDINANCE
APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA
City Council Regular Meeting, Public Hearing and Workshop Meeting -November 12,2007
Page 7
PORTE, TEXAS FOR THE PERIOD OF OCTOBER 1, 2007 THROUGH
SEPTEMBER 30, 2008; FINDING THAT ALL THINGS REQUISITE AND
NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTATION OF
SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFETIVE DATE HEREOF.
Motion was made bv Council member Mosteit to approve Ordinance 2007-3024-C as
Mr. Dolby presented. Second bv Councilmember Ebow. The motion carried.
Ayes: Mayor Porter, Mayor Pro Tern Rigby, Moser, Clausen, Mosteit, Ebow, and
Malone.
Nays: None
Abstain: Beasley
Absent: Engelken
17. Close Regular meeting and Open Workshop at 6:45 p.m.
A. Director of Planning Wayne Sabo discussed the drainage projects. Estimated cost
for total projects is $165,000. Council noted they would like staff to step up on
maintenance and silting efforts and noted them to move forward with projects.
B. Interim Finance Director Michael Dolby discussed the Salary Survey information.
An overview of the methodology was explained. Mr. Dolby noted all city
employees to receive a 3% across the board increase.
Council noted they would like this to be reviewed on an annual basis to keep salaries
current.
Council directed staff to move forward.
C. Interim Finance Director Michael Dolby discussed Long term/Short term Disability
and Sick Buyback proposal.
Council director staff to bring some additional scenarios back to the next meeting for
further discussion.
The following items were suggested:
Shorten days to 7 or 8 for short term disability.
Look at extending short term disability to one year so employees could use accrued
sick leave balances.
Look at using balance of accrued sick leave when on long term disability.
Look at what other cities are doing.
D. Interim Finance Director Michael Dolby discussed Medical Health Care Design for
2008.
The following three options were provided:
City Council Regular Meeting, Public Hearing and Workshop Meeting -November 12,2007
Page 8
1) Accept Chapter 172 Board recommendation for 4 plan designs with reduced
co-pays and other costs for employees.
2) Accept recommendation of City staff to reduce the number of plan designs from
4 to 3 by merging 300 into 500 plan, for the purpose of reducing adverse
selection against health plan, and to reject recommendation of Chapter 172
Board to reduce co-pays and other costs for employees, in the 3 plans.
3) Accept Chapter 172 Board recommendation for 4 plan designs but reject
recommendation to reduce co-pays and other costs for employees.
18. Close Workshop Meeting and Re-Convene Regular Meeting at 8:14 p.m.
19. Council to consider approval or other action regarding the Plan design recommendations
for Jefferson Pilot as the third party Administration for Long term and Short term
Disability.
Motion was made by Councilmember Rigby to table this item until the next meeting.
Second by Councilmember Malone. The motion carried.
Ayes: Mayor Porter, Mayor Pro Tern Rigby, Moser, Clausen, Beasley, Mosteit, Ebow,
and Malone.
Nays: None
Abstain: None
Absent: Engelken
20. Council to consider approval or other action regarding Medical Health Care Plan Designs
for 2008.
Motion was made by Councilmember Ebow to accept the option of reducing the number
of plan design from 4 to 3 by merging the 300 plan to the 500 plan and to maintain
existing co-pays and other costs. Second by Councilmember Rigby. The motion
carried.
Ayes: Mayor Porter, Mayor Pro Tern Rigby, Clausen, Beasley Mosteit and Ebow.
Nays: Malone and Moser
Abstain: None
Absent: Engelken
21. Administrative Reports
City Manager Ron Bottoms provided Council with the following Administrative Reports:
Coffee Symposium will be held on November 13,2007 at the Hilton America's located at
1600 Lamar St. in downtown Houston. This is an all day event. Then the Economic
Alliance Banquet will be held at the same location beginning at 5 :30 p.m. that evening
22. Council Comments
Beasley, Mosteit, Ebow, Rigby, Malone, Moser, Clausen, and Porter had comments
City Council Regular Meeting, Public Hearing and Workshop Meeting -November 12,2007
Page 9
23. EXECUTIVE SESSION- PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT
CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING
REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR
DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY
DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER
WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS)
A. SECTION - 551.072 (Land Acquisition) MEET WITH CITY ATTORNEY, CITY MANAGER
AND DIRECTOR OF PARKS FOR THE PURPOSE
OF DELIBERATING THE PURCHASE, EXCHANGE,
LEASE OR VALUE OF REAL PROPERTY
Council retired to Executive Session at 8:24 p.m.
Council adjourned Executive Session at 8:42. p.m. with no action taken.
24. Considerations and possible action on items considered in executive session.
Council returned to the table at 8:44 p.m.
There was no action taken.
25. There being no further business to come before Council, the Regular Meeting was duly
adjourned at 8:45 p.m.
R~S ectfully' sub~~p~d,
..~4P
Ma a Gillett, TRMC, CMC
City Secretary
Passed and approved on this 3rd day of December 2007
Q~~,y~-
Mayor Alton E. Porter
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqnested: December 3. 2007
~ed By: Roy H.... eJ
Department: ENS
ADDrollriation
Source of Funds: N/A
Account Number:
Amount Budgeted:
Report:
Resolution:
Ordinance:
x
Amount Requested:
Exhibits: A - Current & Proposed Chapter 30 Ordinance
Budgeted Item: YES NO
Exhibits: B - Attorney Final Demand Letter - SamDle
Exhibits:
SUMMARY & RECOMMENDATION
An ordinance amending the Code of Ordinances of the City of La Porte, Texas by amending Chapter 30
"Emergency Services", Article III "Emergency Medical Services" by adding new Division 1 'Generally", Division 2
"Billing Policy and Procedures". and Division 3 "Private Ambulance Service Licensing"~ adding new Sections 30-
94 through 30-98~ Designating the City of La Porte E.M.S. as the primary provider of Emergency Medical Service
in the City.
Code of Ordinance, Article III "Emergency Medical Services" has been updated and realigned to correspond with
the standard format of the City of La Porte, Texas Code of Ordinances.
Ordinance update includes the following items, most of which have been presented to mayor & council during
previous council retreats:
· Non-Member Fee - per event charge for EMS response to businesses located outside the City of La Porte
that elect to not enter into an agreement or contract for EMS services.
· Negotiations - authorizes the EMS Chief to negotiate exclusively with a patient's legal representative on
behalf of the patient's financial obligations for a reduced payoff
· Write-offs - authorizes the EMS Chief to write-off outstanding accounts which have been detennined to
not be suitable for further collection efforts.
· Attorney Final Demand Letter -letter from Asst. City Attorney requesting the immediate payment of the
remaining amount owed in full. (See attached)
· Increase Ambulance Stand-by Rate to $75/hour (2 Hour Minimum) - current rate is $401hr. Research
shows that the average rate is $75/hour.
Recommend that council:
Approve the ordinance amending Ordinance Chapter 30 "Emergency Services", Article III "Emergency Medical
Services", of the Code of Ordinances of the City of La Porte. Texas to include adding the Billing Policy and
Procedures division.
ATTACHMENTS:
Current Chapter 30. Article III "Emergency Medical Services" ordinance.
Proposed Chapter 30. Article III "Emergency Medical Services" ordinance - Billing Policy and Procedures
Attorney Final Demand Letter - Sample
Action Required bv Council:
Approve Ordinance amending Code of Ordinance Chapter 30, Article III "Emergency Medical
.ces" to include the addition of Division 2 "Billing Policy and Procedures"
\1
01
Date
ORDINANCE NO. 2007 - :;2~ ') ~ - B
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, TEXAS BY AMENDING CHAPTER 30 "EMERGENCY SERVICES",
ARTICLE III "EMERGENCY MEDICAL SERVICES" BY ADDING NEW DIVSION 1
"GENERALLY", DIVISION 2 "BILLING POLICY AND PROCEDURES", AND
DIVISION 3 "PRIVATE AMBULANCE SERVICE LICENSING"; ADDING NEW
SECTIONS 30-94 THROUGH 30-107; DESIGNATING LA PROTE E.M.S. AS
PRIMARY PROVIDER OF EMERGENCY SERVICES IN CITY; PROVIDING
MINIMUM STANDARDS FOR EMERGENCY TRANSPORT; ESTABLISHING LA
PORTE E.M.S. DEPARTMENT BILLING RATES, PROCEDURES AND POLICIES;
CONTAINING A SEVERABLITY CLAUSE; CONTAINING A REPEALING CLAUSE;
CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 30 "Emergency Services", Article III "Emergency Medical Services", of the
Code of Ordinances of the City of La Porte, Texas is hereby amended by adding new Division 1,
with new sections 30-78 through 30-85, inclusive, which said Division shall read as follows:
"Division 1. Generally
Sec. 30-78. Designation of Primary Provider.
The City of La Porte hereby recognizes the City's Emergency Medical Services ("EMS")
department as the primary provider of pre-hospital emergency medical services within the
corporate limits of the City. All persons in need of such services are entitled to receive them
without prior determination of the ability to pay.
Sec. 30-79. Definitions.
Unless otherwise specified, the term:
Accept Assignment: a process through which a provider agrees to accept the Medicare-
allowed amount as payment in full. A provider who agrees to this amount is said to "accept
assignment. "
Advanced Life Support (ALS): ALS assessment by ALS personnel or the provision of at
least one ALS intervention.
Ambulance means any motor vehicle that is specially designed or constructed and
equipped and is intended to be used for and is maintained or operated for the treatment and
transportation of patients.
Balance Billing is the practice of charging a Medicare beneficiary more than the
difference between the amount provided by Medicare and the provider's actual charge.
Certification means that which meets the requirements of the Texas Department of State
Health Services.
Chief EMS Officer means the chief of emergency medical services of the City of La Porte
or his duly authorized representative.
City means the City of La Porte, Texas
City Council means the City of La Porte, Texas, City Council.
Drivers License means the license issued by the Department of Public Safety, State of
Texas.
Emergency means any circumstance that calls for immediate response (emergency lights
and/or siren) in which the essential element of time in transporting the sick, wounded or injured
for medical treatment is essential to the health or life of the person. Said circumstances include,
but are not limited to, accidents generally, traffic accidents, acts of violence resulting in personal
injury and sudden illness.
Emergency Call means any request for ambulance service that is made by telephone or
other means of communication in circumstances which are, or have been represented to be, an
emergency requiring immediate ambulance service.
Emergency Medical Technician ("EMT'')- Paramedic: an individual having special,
well-defined skills and knowledge in emergency medicine, who has training to provide pre-
hospital emergency medical treatment at an advanced level and is certified or licensed by the
Texas Department of State Health Services in accordance with the current EMT -paramedic
National standards curriculum.
Emergency Medical Service ("EMS"): means the City of La Porte Emergency Medical
Service, City of La Porte, Texas.
Emergency Medical Technician means any person currently registered by the Texas
Department of State Health Services as an EMT, EMT-intermediate, and/or EMT-paramedic.
Emergency Run means the emergency ambulance trip to the place where the emergency
exists or from the place of such emergency to the emergency room of a receiving hospital.
License means a license or permit issued by the City of La Porte Emergency Medical
Services pursuant to this Chapter.
Loaded Miles: see "Mileage".
Mayor means the Mayor of La Porte, Texas
Medical Director means any licensed physician who serves in an advisory capacity to
any ambulance for the purposed of providing medical direction under the terms of the Medical
Practice Act (Texas Occupations Code, Subtitle B) and rules promulgated by the Texas State
Board of Medical Examiners pursuant to the terms of the Medical Practice Act.
Mileage: the distance traveled by an ambulance from the point where the patient is picked
up, to the hospital or to a rendezvous point.
No Treatment / No Transport: means a response by EMS that required no treatment and
no transport of any patients.
Non-Emergency means any request for ambulance service response (no emergency lights
and/or siren) that is made by telephone, or other means of communication in circumstances
which are or have been represented to be of a non-emergent nature requiring non-emergent
servIce.
Non- Resident: an individual domiciled outside the City of La Porte.
Non Member: is any facility or business / industrial entity located outside of the corporate
geographical boundaries of the City of La Porte that utilizes the city's emergency medical
service (EMS), but either elects not to or has not executed a contractual agreement with the City
of La Porte for the provision of emergency medical services by the City of La Porte EMS
Department.
Non-Member Fee: is a per event charge for a La Porte EMS Department response to any
facility or business / industrial entity located outside of the corporate geographical boundaries of
the City of La Porte that has either elected not to or has not executed a contractual agreement
with the City of La Porte for the provision of emergency medical services by the City of La Porte
EMS Department. This charge is independent of any patient charges that apply as a result of the
response.
Officer means the Chief EMS Officer, any Chief EMS Officer designee or a police
officer of the City of La Porte, Texas
Patient: a person who receives an EMS response or a person who receives emergency
medical services from the City of La Porte EMS.
Person means any individual, corporation, organization, government or governmental
subdivision of agency, business, trust, partnership, association, or any other legal entity.
Police means any officer of the City of La Porte Police Department.
Private Ambulance: means any privately owned motor vehicle that is specially designed
or constructed and equipped and is intended to be used for and is maintained or operated for the
transportation of patients.
Protocol means written medial orders signed by a licensed physician serving as medical
director for an ambulance giving medical direction to provide treatment for certain emergencies
or other pre-hospital situations requiring a physician's orders. These orders must conform to all
applicable laws.
Reasonable Collection Efforts: the issuance of a bill to the patient or to the party
responsible for the patient's personal financial obligations, and subsequent billings, collection
letters and telephone calls or personal contacts which constitute a genuine, rather than token,
collection effort.
Resident: an individual domiciled within the City of La Porte. A resident for the purposes
of this Article, includes but is not limited to, full time residents of the City of La Porte, full time
students residing within the City limits, long term guests of a resident of the City, and employees
on duty with City business.
Standby Service Fee (2 Hour Minimum): an hourly charge for having dedicated EMS
personnel and equipment standby at an event or function for purposes of providing emergency
medical services as needed. If a patient is treated and transported from the standby event, the
patient will be billed normal rates. In the event of an emergency, the standby may be canceled or
equipment may be recalled from the standby event without notice.
Street means any street, alley, avenue, boulevard, drive or highway commonly used for
the purpose of travel within the corporate limits of the city.
Third Party Payer: insurance carrier or other coverage provided, having the responsibility
to pay for medical services rendered to a patient as a result of that patient's accident, injury or
illness.
Transfer Ambulance means any motor vehicle constructed, equipped and used for the
purpose of travel within the corporate limits of the city.
Transfer Call means any request for ambulance service that is made by telephone, or
other means of communication in circumstances which are or have been represented to be of a
non-emergency nature requiring non-emergent service.
Treat with Air Transport: a charge to a patient who has received ALS assessment by ALS
personnel or the provision of at least one ALS intervention and has been transported by an Air
Ambulance due to the severity of their injury or illness.
Treat with Private Transport: a charge to a patient who has received ALS assessment or
treatment and has been transported by a Private Ambulance.
Treat with Transport: a charge to a patient who has received ALS assessment by ALS
personnel or the provision of at least one ALS intervention and has been transported by the City
of La Porte EMS.
Treat with No Transport (Service Charge): a charge to a patient who has received
evaluation or treatment but who has not been transported by EMS due to the refusal of care or for
other reasons. This charge applies ONLY if the patient or a family member requested the EMS
response.
Sec. 30-80. Advanced Life Support Services Required.
(a) The City of La Porte hereby mandates Advanced Life Support (ALS) with a
minimum crew of one EMT-Paramedic and one EMT-Basic as the minimum standard of care for
all 9-1-1 ambulance calls and emergency ambulance transports arising in the City of La Porte,
and shall bill accordingly at only an ALS level. The provisions of this paragraph shall apply to
all services provided by the City to mutual aid and contractual response areas.
(b) Exceptions to the provision of ALS with one EMT-Paramedic and one EMT-Basic
crew may be made only in the case of disaster or mass casualty incidents.
Sees. 30-81 - 30.85. Reserved. "
Section 2. Chapter 30 "Emergency Services", Article III "Emergency Medical Services", of the
Code of Ordinances of the City of La Porte, Texas is hereby amended by adding new Division 2,
with new sections 30-86 through 30-93, inclusive, which said Division shall read as follows:
"Division 2. Billing Policy and Procedures
Sec. 30-86. Policy for EMS Billing.
(a) The City of La Porte recognizes the need to bill for these services to aid in the
provision of Emergency Medical Services.
(b) No person requiring EMS shall be denied services due to a lack of insurance or
ability to pay.
(c) Any applicable charges for EMS rendered shall be billed directly to the patient or to
the patient's third party payer.
(d) A patient who receives emergency medical services from the City of La Porte is
obligated, at the time of service or as soon as practicable thereafter, to provide to the City of La
Porte with all pertinent insurance and payment information to facilitate the City of La Porte in
the billing of third party payment sources for services rendered. The City of La Porte may, at its
option, and shall, where required by law, bill insurers or carriers on a patient's behalf and may
accept payment on an assignment basis.
(e) All patients, whether or not domiciled in the City of La Porte, and/or their financially
responsible parties, insurers or carriers, will be billed for emergency medical services provided
by the City of La Porte according to the Fee Schedule established herein or at rates established
by the City of La Porte - City Council from time to time.
(t) All patients, whether or not domiciled in the City of La Porte, shall be liable for any
co-payment or deductible amounts not satisfied by public or private insurance, and the City of La
Porte shall make reasonable collection efforts for all such balances according to the most current
rules or regulations set forth by applicable Health Care Financing Administration federal policies
and regulations.
(g) The City of La Porte may bill any applicable coinsurance carriers for such amounts.
(h) Exceptions include only those instances where the City of La Porte has knowledge
of a particular patient's indigence or where the City of La Porte has made a determination that
the cost of billing and collecting such co-payments or deductibles exceeds or is disproportionate
to the amounts to be collected.
(i) The City of La Porte shall not balance bill when prohibited by law.
G) A patient for whom the City of La Porte does not bill on assignment and who
receives payment directly from a third party payer for emergency medical services rendered by
the City of La Porte is obligated to remit such monies to the City of La Porte in the event the
City of La Porte has not been paid for services rendered. Patients who do not remit such monies
may be held liable for costs of collection in addition to the charges for emergency medical
services rendered.
(k) The City of La Porte may, either directly or through any third party billing agency
with which it has contracted for billing and/or collections for emergency medical services, make
arrangements with patients and/or their financially responsible party for installment payments of
bills so long as the City of La Porte determines that:
(1) the financial condition of the patient requires such an arrangement; and
(2) the patient and/or financially responsible party has demonstrated a willingness
to make good faith efforts towards payment of the bill."
Sec. 30-87. Procedure for EMS Billing.
(a) The City of La Porte - EMS is hereby authorized to perform all EMS billing and/or
collection services.
(b) Funds payable to the City of La Porte by third party payers and/or carriers will NOT
be routinely negotiated and will be deposited directly into a designated City of La Porte account,
through a lock box or similar arrangement.
(c) Exceptions to funds payable to the City of La Porte for EMS services will be limited
to negotiations agreed upon between a legal representative of a patient or the party responsible
for the patient's personal financial obligations and the Chief EMS Officer.
(d) A detailed listing of patients who utilize Emergency Medical Services will be
compiled by the City of La Porte EMS Department. This information will be collected for billing
and documentation purposes only. The information will be subject to the confidentiality
requirements of applicable law. This information will include, at a minimum, the following:
(1) Name, address, and telephone number of patient.
(2) Name, address and claim number of insurance carrier, if applicable.
(3) Date, time and EMS chart number.
(4) Point of origin and destination.
(5) Odometer reading at point of pick up and destination.
(6) Reason for transport! patient's complaint! current condition.
(7) Itemization and description of services provided and charges.
(8) Signature ofthe patient, when possible, or authorized decision maker.
(9) Name of receiving physician.
(10) Names, titles, and signatures of EMS personnel, when possible.
( e) All fees for services rendered are payable to the City of La Porte Emergency
Medical Service. The fee schedule for emergency medical services shall be as established and
printed in Appendix A--Fees, Chapter 30, Emergency Services, Article III, Emergency Medical
Services.
(f) The fees established above may be increased periodically, with EMS Chief Officer
recommendation and subsequent approval by City Council.
(g) The City may, in its discretion, bill additionally for material, vehicle and personnel
costs in the case of major or unique incidents.
(h) EMS may promulgate rules and regulations pursuant to and not inconsistent with
this ordinance, state and federal law, such rules and regulations to be approved by City Council.
(i) Due to the complex nature of the Health Care Industry and associated billing for
related services, the City of La Porte EMS may utilize a claims processing procedure based upon
the patient's payer type. Each payer type requires a unique claims process and time frame. When
a patient contracts with a combination of payer types, the claims process must be extended to
accommodate a claim submission to each payer and a prescribed amount of time for repayment.
(j) The following policy establishes guidelines that will address the billing process,
collection and bad debt for the City of La Porte EMS:
(1) Major Payer Types:
Patient (uninsured)
Medicare
Medicaid
Private Health Insurance (commercial)
Workman's Compensation (work related injuries)
Third Party Liability (auto)
(k) It is important to note that the patient may present several combinations of payer
types. Although specific rules apply to identify the primary payer when multiple insurance
carriers are presented, failure to identify the correct primary payer will extend the billing
process; additionally, the number of insurance carriers presented will have a direct bearing on the
billing time frame.
(1) EMS billing will be completed as soon as possible or within 10 days of the date of
service. Subsequent billings and collection guidelines are based on the various payer types as
follows:
(1) Patient Payer (no insurance):
1 st Invoice
2nd Invoice
3rd Invoice
Patient Final Invoice (10 days to pay)
Attorney Final Demand Letter
30 days
60 days
90 days
120 days
130 days
(2) MedicarelMedicaid Only Payer:
1 st Invoice
Denial Received (prompts review)
2nd Denial (prompt patient billing)
Patient Final Invoice (10 days to pay)
Attorney Final Demand Letter
30 days
60 days
90 days
120 days
130 days
(3) Medicare with Supplemental Health Insurance Payer:
1 st Invoice
Denial Received (prompts review)
2nd Denial (prompt patient billing)
Patient Final Invoice (10 days to pay)
Attorney Final Demand Letter
30 days
60 days
90 days
120 days
130 days
(4) Worker's Compensation:
1 st Invoice
Denial Received (prompt third party billing)
2nd Denial Received
Patient Final Invoice (10 days to pay)
Attorney Final Demand Letter
30 days
60 days
90 days
120 days
130 days
Worker's Compensation has sixty (60) days to approve or deny a claim. A Worker's
Compensation denial will transfer the billing process to a third party payment type (employer).
The patient cannot be billed until both the employer and Worker's Compensation have both
denied the claim as a non-industrial related injury (following an appeal process).
(5) Third Party Liability:
1 st Invoice to Insurance and/or Patient
2nd Invoice
3rd Invoice
Patient Final Invoice (10 days to pay)
Attorney Final Demand Letter
30 days
60 days
90 days
120 days
130 days
Patients must resolve litigation matters (i.e., auto accidents) outside of this billing process due to
the length of time involved in typical civil claims dispute process. The patient will be held
responsible for payment.
(6) Private Insurance - No Supplemental:
1 st Invoice to Insurance or Patient
2nd Invoice
3rd Invoice
Patient Final Invoice (10 days to pay)
Attorney Final Demand Letter
30 days
60 days
90 days
120 days
130 days
(m) Periodic payment agreements shall be based upon an agreement 30 days from the
date of provision of services. A failure of a debtor to make three (3) periodic payments within a
twelve (12) month period under a repayment agreement, either consecutive or intermittent, is to
be considered a breech of agreement resulting in the patient receiving an Attorney Final Demand
Letter requesting the immediate payment of the remaining amount owed in full.
(n) The Chief EMS Officer reserves the right to review all outstanding accounts and to
fully discharge or otherwise write-off delinquent accounts which in his or her determination are
not suitable for further collection efforts.
Sees. 30-88 - 30.93. Reserved. "
Section 3. Chapter 30 "Emergency Services", Article III "Emergency Medical Services", of the
Code of Ordinances of the City of La Porte, Texas is hereby amended by adding new Division 3,
with newly renumbered sections 30-94 through 30-107, inclusive, which said Division shall read
as follows:
"Division 3. Private Ambulance Service Licensing
Sec. 30-94. Licenses Required.
(a) No person, either as owner, agent or otherwise shall operate, conduct, maintain,
advertise or otherwise be engaged in or profess to be engaged in the business of ambulance
service upon the streets, alleys or any public way or place of La Porte, Texas, unless he holds a
currently valid license for an ambulance vehicle and an ambulance company, issued pursuant to
this chapter.
(b) Ambulance vehicle licenses, ambulance company licenses, and attendant-driver's
licenses shall be issued for one year or any part thereof during which an ambulance service is
maintained. License fees of $200.00 per company; $50.00 per ambulance unit or $500.00 per
fleet for 15 or more vehicles; $50.00 per attendant-driver shall be due and payable at the time of
application. The licensure period shall be from October 1 st of each year to the 30th day of
September of the subsequent year. Fees will not be prorated.
(c) No person shall act as an attendant-driver on any ambulance operated under this
chapter unless he or she holds a valid attendant-driver license issued pursuant to this chapter. A
21-day temporary permit may be issued at the time of application for license. It shall be the
responsibility of the chief EMS officer to verify the applicant's certification status through the
Texas Department of State Health Services.
(d) All licenses issued pursuant to this chapter are not assignable or transferable and
remain the property of the city.
(e) No official entry made upon a license may be defaced, removed or obliterated.
(t) All licenses shall be available for inspection by any officer of the city at all times.
Sec. 30-95. Application for Ambulance License.
(a) Application for an ambulance vehicle license and ambulance company license shall
be made upon a form furnished by the chief EMS officer who shall issue such a license to an
applicant only upon proof by the applicant that the applicant has satisfied all provisions and
conditions provided for and has given complete and truthful information to all requirements
stated herein.
The application shall contain the following information:
(1) Name and address of the applicant and of the owner of the ambulance.
(2) The trade or other fictitious name, if any, under which the applicant does business or
proposes to do business.
(3) A complete report on whether or not the applicant has any claims or judgments
against him for damages resulting from the negligent operation of the applicant's ambulance(s).
(4) A report that the applicant business has paid all city taxes if applicable.
(5) Business address, medical license number and DEA number of applicant services
medical director.
(6) A description of each ambulance, including the make, model, year of manufacture,
VIN, motor vehicle registration, current TDSHS license number, the length of time the
ambulance has been in use, and the color scheme, insignia, name, monogram, or other
distinguishing characteristics to be used to designate applicant's ambulance.
(7) Any such other information as may be applicable.
(8) No application will be considered before it is complete.
(9) Falsification of information on applications will be grounds for revocation of
license.
Sec. 30-96. Standards for Ambulance License.
(a) Each ambulance shall, at all times when in use as such, be suitable for the
transportation of patient from the standpoint of health, sanitation and safety.
(b) Minimum equipment requirements for each ambulance shall be those established by
the Texas Department of State Health Services.
(c) When an ambulance permit is issued or renewed under provisions of this chapter, the
chief EMS officer will affix to each vehicle two decals, which indicate the vehicle meets all
requirements established by this chapter. The color of such decals shall be changed annually.
( d) The chief EMS officer shall cause all ambulances to be inspected before being
placed in service and shall thereafter inspect such ambulances no less than once each year. All
permitted ambulances and or vehicles are subject to spot inspections with no notice. In the event
an ambulance or vehicle fails to pass inspection, the chief EMS officer shall notify the
ambulance operator to correct the defects noted in the inspection and, after such notification, the
chief EMS officer shall cause such ambulance to be re-inspected within 48 hours. If upon such
re-inspection the defects noted in the original inspection have not been corrected, the permit
decal shall be removed from the ambulance or vehicle and shall only be replaced upon such
ambulance or vehicle after the defects have been corrected. The license fee shall be paid in full
for the balance of current year of the original vehicle decal provided.
(e) No ambulance that has been substantially damaged or altered, or has received
damage where the repair costs exceeds $1,000.00, shall be again placed in service until it has
been repaired and re-inspected by the chief EMS officer. There will be no charge for re-
inspection.
(f) Every ambulance must be maintained in a clean and sanitary condition.
(g) All emergency medical calls that originate in the City of La Porte will be responded
to by the City of La Porte Emergency Medical Service. In the event that a private ambulance
service receives a direct call requesting an ambulance that originates within the City of La Porte,
it will be the duty of the private ambulance service to immediately refer the emergency medical
call to the City of La Porte Emergency Medical Service (EMS).
Sec. 30-97. Requirements for Business Location.
If the business location of the ambulance service, firm or organization is located within
the city limits, the building must be in compliance with all city ordinances, state and federal
laws. Pursuant to this specific chapter, no such ambulance service, firm or organization can
operate as its main place of business or a storage facility in a private residence. The chief EMS
officer has the right to inspect such locations as often as he deems necessary to make sure all
provisions of this chapter are in effect. Refusal of any privately owned ambulance service
provided with a business office located within the city limits to allow the chief EMS officer to
inspect such premises shall be considered a violation ofthis chapter.
Sec. 30-98. Insurance Requirements.
(a) No ambulance license shall be issued under this chapter, nor shall such license be
valid after issuance, nor shall any ambulance be operated for any reason in the city, unless there
is at all times in force and effect insurance coverage, issued by an insurance company licensed to
do business in the State of Texas, for each and every ambulance owned and/or operated by or for
the applicant for license providing for the payment of damages:
(1) For injury to or death of individuals in accident resulting from any cause for which
the owner of said vehicle would be liable on account of liability imposed on him by law,
regardless of whether the ambulance was being driven by the owner or his agent.
(2) For the loss of or damages to the property of another, including personal property,
under like circumstances, in the following sums: Not less that $100,000.00 for each person,
$300,000.00 for each accident and $10,000.00 for property damage. A written statement from an
authorized agent of the ambulance operator(s) insurance carrier verifying the issuance of such
insurance shall be filed with the chief EMS officer before any permit may be issued. All such
verifications of insurance shall provide for a 30-daycancellation notice to the chief EMS officer.
(3) Every insurance policy required hereunder shall contain a provision for a continuing
liability thereunder to the full amount thereof not withstanding any recovery thereon, that the
liability of the insurer shall not be affected by the insolvency or the bankruptcy of the assured, in
that until the policy is revoked the insurance company will not be relieved from liability on
account of nonpayment of premium, failure to renew license at the end of the year, or any act or
admission of the named assured. Such policy of insurance shall be further conditioned for the
payment of any judgments up to the limits of said policy, recovered against any person other
than the owner, by his agent or employee, who may operate the same with the consent or
acquiescence ofthe owner.
(b) Each attendant-driver involved in the operation of an ambulance within the city
limits shall be required to carry at all times professional liability insurance. This policy may be
provided by the applicant company for all its employees or individual policies issued to all
personnel employed by the company.
(1 ) This coverage must be from an insurance company licensed to do business in the
State of Texas for each and every person operating within the city limits of La Porte.
(2) The limits of liability required are no less than $500,000.00 per claim and a
$1,000,000.00 aggregate umbrella policy.
(3) It shall be the responsibility of each person to provide to the chief EMS officer proof
of such insurance.
(4) Failure to provide proof of insurance will be justification to suspend andlor not issue
any attendant-driver andlor ambulance permit.
(5) The chief EMS officer must be notified within 24 hours of any cancellation of
Insurance coverage.
Sec. 30-99. Application for Attendant-Driver License.
(a) Applications for attendant-driver licenses hereunder shall be made upon such form
as may be prepared by the chief EMS officer and shall contain the following information which
is a requirement for the issuance of a license:
(1) The applicant's full name, current address, how long he has lived at current address,
previous address, how long he lived at previous address, home telephone number, and social
security number.
(2) The applicant's age, date of birth, height, place of birth, hair and eye color.
(3) The applicant's valid Texas driver's license number, and expiration date.
(4) The applicant's present EMS certification level, appropriate Texas Department of
State Health Services registration number and expiration date.
(5) Two recent photographs of a size designated by the chief EMS officer, which shall
be attached to the license application.
(6) A report from a duly licensed physician of the State of Texas of a recent physical
examination which attests that the person has vision in both eyes correctable to 20120 and has no
physical defects which would impair his or her ability to perform the duties of an ambulance
attendant-driver.
(7) Such other information as the chief EMS officer shall deem reasonably necessary to
a fair determination of compliance with this chapter.
(b) The chief EMS officer shall within 21 days of receipt of a completed application for
an attendant-driver license investigate the application and issue the license or notify the applicant
that the application is denied.
Sec. 30-100. Standards for Attendant-Driver License.
(a) All attendant-driver applicants must be able to read, write and speak the English
language.
(b) All drivers must have a valid Texas driver's license. (Class A, B, or C).
( c) All attendant-drivers must hold current certification from the Texas Department of
State Health Services as an emergency medical technician.
(d) No attendant-driver shall have a final conviction for theft, robbery, state or federal
controlled substances acts, rape, sexual abuse, indecency with a child, or abuse of a corpse.
(e) No attendant-driver shall have been convicted of three or more moving violations
within the preceding two-year period.
(t) All attendant-drivers shall be able to pass the vision test as prescribed by the Texas
Department of Public Safety.
Sec. 30-101. Renewal of License.
Renewal of any license hereunder, upon expiration or after revocation, shall require
conformance with all requirements of this chapter as upon original licensing.
Sec. 30-102. Revocation of License.
(a) The chief EMS officer may, and is hereby authorized to, suspend or revoke a license
issued hereunder for failure of a licensee to comply and to maintain compliance with, or for his
violation of, any applicable provisions, standards or requirements of this chapter, or of
regulations promulgated hereunder, or of any other applicable laws or ordinances, but only after
warning and such reasonable time for compliance as may be set by the chief EMS officer. Any
applicant denied a license or any licensee whose license is suspended or revoked shall have the
right of appeal to the city manager. Such appeal shall be submitted to the city manager in writing
within ten days of the action being appealed. The city manager shall, within ten days after appeal
is filed, consider all the evidence in support of or against the ruling appealed from and render a
decision either sustaining, reversing, or modifying the determination of the chief EMS officer.
(b) If the city manager's decision is not acceptable to the applicant or licensee, he may,
within ten days of that decision, file an appeal in writing with the city secretary to the city
council. Such a written appeal shall set forth the specific grounds therefore. The city secretary
shall notify the appellant within ten days after receipt of appeal as to the time and place of the
hearing by the city council, which shall be within 30 days of receipt of such appeal. The
determination of the city council on any appeal pursuant to this chapter shall be final.
(c) Upon suspension, revocation or termination of an ambulance license hereunder, such
ambulance shall cease operation as such and no person shall permit such ambulance to continue
operations as such. Upon suspension, revocation or termination of attendant's or driver's license
hereunder, such attendant or driver shall cease to drive or attend an ambulance and no person
shall employ or permit such individual to drive or attend an ambulance.
Sec. 30-103. Medical Director To Serve In An Advisory Capacity.
(a) Any ambulance whose attendant receives physicians' orders either by voice
communications or written standing orders must have, in an advisory capacity, a physician,
licensed in the State of Texas, to serve as medical director.
(b) Any ambulance licensed under this chapter must maintain with the chief EMS
officer a statement of their current medical director including his or her name, business address,
business telephone number, and Texas medical license number; and the federal narcotics license
number if any drugs or supplies are prescribed by this physician.
Sec. 30-104. Inspection of Ambulances.
(a) Subsequent to issuance of any ambulance or vehicle license hereunder, the chief
EMS officer shall cause to be inspected each such licensed vehicle, its equipment, premises and
personnel, whenever he deemed necessary. All licensed ambulances or vehicles shall be subject
to unannounced spot inspections and in any event will be inspected at least once per year. The
periodic inspection required hereunder shall be in addition to any other safety or motor vehicle
inspection required to be made for ambulance or other motor vehicles in the State of Texas, or
other inspections required to be made, under general laws and ordinances, and shall not excuse
compliance with any requirements of law and ordinance to display any official certificate of
motor vehicle inspection at all times.
(b) A copy of each initial, semiannual, spot or other ambulance, equipment, premises
and personnel inspection report shall be promptly transmitted to the applicant or licensee to
whom it refers.
( c) The chief EMS officer may immediately suspend any of the licenses issued under
this chapter if an inspection reveals violations or deficiencies that might endanger a patient or the
public.
Sec. 30-105. Central Emergency Dispatching System.
(a) It shall be unlawful for any ambulance to respond to an emergency call within the
City of La Porte.
(b) If any person receives any request for an ambulance service response on an
emergency basis other than through the city's central dispatching system; it is the obligation of
that person to immediately report the same request to the city's central dispatching system at
which time a City of La Porte Emergency Medical Service (EMS) unit will be dispatched to
respond.
(c) It shall not be unlawful for a person operating a licensed ambulance in the city, upon
responding to a direct call for non-emergency ambulance service, to operate such ambulance
under non-emergency conditions. Notifying the city's central dispatching system is not required
for non-emergency ambulance responses.
(1) In the event that the senior ambulance attendant-driver makes the determination that
a true emergency exists upon arrival, the senior ambulance attendant-driver may then proceed in
an emergency status (lights and siren) to the closest appropriate hospital facility only upon
notification to the city's central dispatching system.
Sec. 30-106. Penalty for Violation of Chapter.
(a) A person commits an offense if the person violates this chapter.
(b) Any person who violates a provision of this chapter, upon conviction in the
municipal court of the city, shall be subject to a fine in an amount established by the city and
listed in appendix B of this Code.
Sec. 30-107. Variances to Chapter Requirements.
(a) An affected person or organization may request a variance from the licensure
requirements of this chapter if the person satisfies one or more of the specific criteria listed in
subsection (d).
(b) It shall be the responsibility of the chief EMS officer to grant such a variance.
( c) The variance must specify the specific licensure requirements and/or fees being
waived.
(d) The criteria for variance are as follows:
(1) The person has transported a sick or injured person to medical care as an individual
citizen not ordinarily engaged in that activity;
(2) The person transports a sick or injured person in a multiple casualty situation that
exceeds the capacity of the city's emergency medical services;
(3) The person is a member of an organization and the person's function is to transport
members of that same organization to an appropriate medical facility at no charge to the
individual being transferred; and that same organization does not solicit business outside itself or
provide service to any other organization except in a multiple casualty situation;
(4) The vehicle or person is moving through the city on a call that neither originates nor
ends within the city;
(5) The organization is principally an air transport system;
(6) The organization or vehicle is licensed by the state as a "specialized emergency
medical services vehicle" and is designed to provide service patients with special needs not
easily met by other transport services;
(7) The organization is an agency or designated provider of a municipal government.
(e) A variance shall not be granted unless it is necessary to assure the availability of
quality care to the citizens of the city.
(f) A variance shall not be granted unless all ambulance units and personnel meet the
minimum standards set by the state health department.
(g) The city council reserves the right to reserve the decision of the chief EMS officer in
granting or refusing a variance.
Section 4. Appendix A-"Fees", Chapter 30 "Emergency Services", Article III "Emergency
Medical Services", of the Code of Ordinances of the City of La Porte, Texas is hereby amended,
and which said section shall read as follows:
Treatment with Transport (ALS)
Treatment with Air Transport (ALS)
Treatment with Private Transport
Treatment with No Transport (Service Charge)
Mileage (Loaded Miles)
Standby Service Fee (per hour)
No TreatmentINo Transport
Non-Member Fee (per event)
$788.00
$790.00
$396.00
$396.00
$10.00 per mile
$75.00 (2 Hour Minimum)
No charge
$1500.00
Section 5. Open Meetings. The City Council officially finds, determines, recites, and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the time
required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551,
Texas Government Code; and that this meeting has been open to the public as required by law at
all times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 6. Repeal. All ordinances or parts of ordinances of the City of La Porte in conflict with
any provision contained herein is hereby repealed, but only to the extent of any conflict.
Section 7. Severability. Should any section or part of this ordinance be held unconstitutional,
illegal, or invalid, or the application to any person or circumstance for any reasons thereof
ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of
such section or part shall in no way affect, impair or invalidate the remaining portions thereof;
but as to such remaining portion or portions, the same shall be and remain in full force and effect
and to this end the provisions of this ordinance are declared to be severable.
Section 8. Effective Date. This Ordinance shall be effective fourteen (14) days after its passage
and approval. The City Secretary shall give notice of the passage of this ordinance by causing the
caption hereof to be published in the official newspaper of the City of La Porte at least twice
within ten (10) days after the passage of this ordinance.
P A~l APPROVED 6ND ADOPTED by the City of La Porte, Texas, City Council on this
the day of -1 i CtAiVll tu, 2007.
A~ROVED ".
~~y~
Alton E. Porter, Mayor
ATTEST:
Ltr/4Uk/;4d/I
Martha Gillett, City Secretary
APPROVED AS TO FORM:
U~r~
Clark T. Askins, Assistant City Attorney
ARTICLE III. EMERGENCY MEDICAL SERVICES
Page 10f9
E'in ~ b;-I ;4
ARTICLE III. EMERGENCY MEDICAL SERVICES
Sec. 30-78. Rate structure.
The following rate structure as printed in Appendix A--Fees, Chapter 30, Emergency Services,
Article III, Emergency Medical Services, has been established by the city council and are payable to the
City of La Porte Emergency Medical Service.
(Ord. No. 98-2273, S 1, 8-24-98)
Sec. 30-79. Definitions.
Unless otherwise specified, the term:
Ambulance means any privately owned motor vehicle that is specially designed or constructed
and equipped and is intended to be used for and is maintained or operated for the transportation of
patients.
Applicant means any person, partnership, corporation or other operator that makes application
to obtain a permit to operate within the city limits of La Porte. If the applicant is a corporation or
partnership, this definition will include all officers or partners.
Attendant-driver means any person who has the duty of performing or assisting in the
performance of an ambulance call and is certified at the minimal level as an emergency medical
technician by the Texas Department of State Health Services. The same certification shall be current
and valid.
Emergency medical service means the City of La Porte Emergency Medical Service, City of La
Porte, Texas.
Certification means that which meets the requirements of the Texas Department of State
Health Services.
Chief EMS officer means the chief of emergency medical services, of the City of La Porte or his
duly authorized representative.
City means the City of La Porte, Texas.
City council means the La Porte City Council.
Driver's license means the license issued by the Department of Public Safety, State of Texas.
Emergency means any circumstance that calls for immediate response (emergency lights
and/or siren) in which the element of time in transporting the sick, wounded or injured for medical
treatment is essential to the health or life of the person. Said circumstances include, but are not limited
to, accidents generally, traffic accidents, acts of violence resulting in personal injury and sudden
illness.
Emergency call means any request for ambulance service that is made by telephone or other
means of communication in circumstances which are, or have been represented to be, an emergency
requiring immediate ambulance service.
Emergency medical technician means any person currently registered by the Texas
Department of State Health Services as an EMT, EMT-intermediate, and/or EMT-paramedic.
Emergency run means the emergency ambulance trip to the place where the emergency exists
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or from the place of such emergency to the emergency room of a receiving hospital.
License means a license or permit issued by the City of La Porte Emergency Medical Service
pursuant to this chapter.
Mayor means the Mayor of La Porte, Texas.
Medical director means any licensed physician who serves in an advisory capacity to any
ambulance for the purpose of providing medical direction under the terms of the Medical Practice Act
(Article 4495b, Vernon's Texas Civil Statutes) and rules promulgated by the Texas State Board of
Medical Examiners pursuant to terms of the Medical Practice Act.
Non-emergency means any request for ambulance service response (no emergency lights
and/or siren) that is made by telephone, or other means of communication in circumstances which are
or have been represented to be of a non-emergent nature requiring non-emergent service.
Officer means the Chief EMS Officer, any Chief EMS Officer designee or a Police Officer of the
City of La Porte, Texas.
Patient means any person desiring transportation to an appropriate medical facility either on an
emergency or transfer basis.
Person means an individual, corporation, organization, government or governmental
subdivision or agency, business, trust, partnership, association or any other legal entity.
Police means any officer of the City of La Porte, Texas, Police Department.
Protocol means written medical orders signed by a licensed physician serving as medical
director for an ambulance giving medical direction to provide treatment for certain emergencies or other
pre-hospital situations requiring physician's orders. These orders must conform to all applicable laws.
Street means any street, alley, avenue, boulevard, drive or highway commonly used for the
purpose of travel within the corporate limits of the city.
Transfer ambulance means any motor vehicle constructed, equipped and used for transferring
the sick or injured under circumstances which do not constitute an emergency and which have not been
represented as an emergency.
Transfer call means any request for ambulance service that is made by telephone, or other
means of communication in circumstances which are or have been represented to be of a non-
emergent nature requiring non-emergent service.
(Ord. No. 2005-2803, S 1 (Exh. A), 1-10-05)
Sec. 30-80. Licenses required.
(a) No person, either as owner, agent or otherwise shall operate, conduct, maintain, advertise
or otherwise be engaged in or profess to be engaged in the business of ambulance service
upon the streets, alleys or any public way or place of La Porte, Texas, unless he holds a
currently valid license for an ambulance vehicle and an ambulance company, issued pursuant to
this chapter.
(b) Ambulance vehicle licenses, ambulance company licenses, and attendant-driver's licenses
shall be issued for one year or any part thereof during which an ambulance service is
maintained. License fees of $200.00 per company; $50.00 per ambulance unit or $500.00 per
fleet for 15 or more vehicles; $50.00 per attendant-driver shall be due and payable at the time of
application. The licensure period shall be from October 1 st of each year to the 30th day of
September of the subsequent year. Fees will not be prorated.
(c) No person shall act as an attendant-driver on any ambulance operated under this chapter
unless he or she holds a valid attendant-driver license issued pursuant to this chapter. A 21-day
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temporary permit may be issued at the time of application for license. It shall be the
responsibility of the chief EMS officer to verify the applicant's certification status through the
Texas Department of State Health Services.
(d) All licenses issued pursuant to this chapter are not assignable or transferable and remain
the property of the city.
(e) No official entry made upon a license may be defaced, removed or obliterated.
(f) All licenses shall be available for inspection by any officer of the city at all times.
(Ord. No. 2005-2803, ~ 1 (Exh. A), 1-10-05)
Sec. 30-81. Application for ambulance license.
(a) Application for an ambulance vehicle license and ambulance company license shall be
made upon a form furnished by the chief EMS officer who shall issue such a license to an
applicant only upon proof by the applicant that the applicant has satisfied all provisions and
conditions provided for and has given complete and truthful information to all requirements
stated herein.
The application shall contain the following information:
(1) Name and address of the applicant and of the owner of the ambulance.
(2) The trade or other fictitious name, if any, under which the applicant does business
or proposes to do business.
(3) A complete report on whether or not the applicant has any claims or judgments
against him for damages resulting from the negligent operation of the applicant's
ambulance(s).
(4) A report that the applicant business has paid all city taxes if applicable.
(5) Business address, medical license number and DEA number of applicant services
medical director.
(6) A description of each ambulance, including the make, model, year of manufacture,
VIN, motor vehicle registration, current TDSHS license number, the length of time the
ambulance has been in use, and the color scheme, insignia, name, monogram, or other
distinguishing characteristics to be used to designate applicant's ambulance.
(7) Any such other information as may be applicable.
(8) No application will be considered before it is complete.
(9) Falsification of information on applications will be grounds for revocation of license.
(Ord. No. 2005-2803, ~ 1(Exh. A), 1-10-05)
Sec. 30-82. Standards for ambulance license.
(a) Each ambulance shall, at all times when in use as such, be suitable for the transportation of
patient from the standpoint of health, sanitation and safety.
(b) Minimum equipment requirements for each ambulance shall be those established by the
Texas Department of State Health Services.
(c) When an ambulance permit is issued or renewed under provisions of this chapter, the chief
EMS officer will affix to each vehicle two decals, which indicate the vehicle meets all
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requirements established by this chapter. The color of such decals shall be changed annually.
(d) The chief EMS officer shall cause all ambulances to be inspected before being placed in
service and shall thereafter inspect such ambulances no less than once each year. All permitted
ambulances and or vehicles are subject to spot inspections with no notice. In the event an
ambulance or vehicle fails to pass inspection, the chief EMS officer shall notify the ambulance
operator to correct the defects noted in the inspection and, after such notification, the chief EMS
officer shall cause such ambulance to bere-inspected within 48 hours. If upon such re-
inspection the defects noted in the original inspection have not been corrected, the permit decal
shall be removed from the ambulance or vehicle and shall only be replaced upon such
ambulance or vehicle after the defects have been corrected. The license fee shall be paid in full
for the balance of current year of the original vehicle decal provided.
(e) No ambulance that has been substantially damaged or altered, or has received damage
where the repair costs exceeds $1,000.00, shall be again placed in service until it has been
repaired and re-inspected by the chief EMS officer. There will be no charge for re-inspection.
(f) Every ambulance must be maintained in a clean and sanitary condition.
(g) All emergency medical calls that originate in the City of La Porte will be responded to by the
City of La Porte Emergency Medical Service. In the event that a private ambulance service
receives a direct call requesting an ambulance that originates within the City of La Porte, it will
be the duty of the private ambulance service to immediately refer the emergency medical call to
the City of La Porte Emergency Medical Service (EMS).
(Ord. No. 2005-2803, 9 1 (Exh. A), 1-10-05)
Sec. 30-83. Requirements for business location.
If the business location of the ambulance service, firm or organization is located within the city
limits, the building must be in compliance with all city ordinances, state and federal laws. Pursuant to
this specific chapter, no such ambulance service, firm or organization can operate as its main place of
business or a storage facility in a private residence. The chief EMS officer has the right to inspect such
locations as often as he deems necessary to make sure all provisions of this chapter are in effect.
Refusal of any privately owned ambulance service provided with a business office located within the
city limits to allow the chief EMS officer to inspect such premises shall be considered a violation of this
chapter.
(Ord. No. 2005-2803, 9 1 (Exh. A), 1-10-05)
Sec. 30-84. Insurance requirements.
(a) No ambulance license shall be issued under this chapter, nor shall such license be valid
after issuance, nor shall any ambulance be operated for any reason in the city, unless there is at
all times in force and effect insurance coverage, issued by an insurance company licensed to do
business in the State of Texas, for each and every ambulance owned and/or operated by or for
the applicant for license providing for the payment of damages:
(1) For injury to or death of individuals in accident resulting from any cause for which
the owner of said vehicle would be liable on account of liability imposed on him by law,
regardless of whether the ambulance was being driven by the owner or his agent.
(2) For the loss of or damages to the property of another, including personal property,
under like circumstances, in the following sums: Not less that $100,000.00 for each
person, $300,000.00 for each accident and $10,000.00 for property damage. A written
statement from an authorized agent of the ambulance operator(s) insurance carrier
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verifying the issuance of such insurance shall be filed with the chief EMS officer before
any permit may be issued. All such verifications of insurance shall provide for a 30-
daycancellation notice to the chief EMS officer.
(3) Every insurance policy required hereunder shall contain a provision for a continuing
liability thereunder to the full amount thereof not withstanding any recovery thereon, that
the liability of the insurer shall not be affected by the insolvency or the bankruptcy of the
assured, in that until the policy is revoked the insurance company will not be relieved
from liability on account of nonpayment of premium, failure to renew license at the end of
the year, or any act or admission of the named assured. Such policy of insurance shall
be further conditioned for the payment of any judgments up to the limits of said policy,
recovered against any person other than the owner, by his agent or employee, who may
operate the same with the consent or acquiescence of the owner.
(b) Each attendant-driver involved in the operation of an ambulance within the city limits shall
be required to carry at all times professional liability insurance. This policy may be provided by
the applicant company for all its employees or individual policies issued to all personnel
employed by the company.
(1) This coverage must be from an insurance company licensed to do business in the
State of Texas for each and every person operating within the city limits of La Porte.
(2) The limits of liability required are no less than $500,000.00 per claim and a
$1,000,000.00 aggregate umbrella policy.
(3) It shall be the responsibility of each person to provide to the chief EMS officer proof
of such insurance.
(4) Failure to provide proof of insurance will be justification to suspend and/or not issue
any attendant-driver and/or ambulance permit.
(5) The chief EMS officer must be notified within 24 hours of any cancellation of
insurance coverage.
(Ord. No. 2005-2803, S 1 (Exh. A), 1-10-05)
Sec. 30-85. Application for attendant-driver license.
(a) Applications for attendant-driver licenses hereunder shall be made upon such form as may
be prepared by the chief EMS officer and shall contain the following information which is a
requirement for the issuance of a license:
(1) The applicant's full name, current address, how long he has lived at current
address, previous address, how long he lived at previous address, home telephone
number, and social security number.
(2) The applicant's age, date of birth, height, place of birth, hair and eye color.
(3) The applicant's valid Texas driver's license number, and expiration date.
(4) The applicant's present EMS certification level, appropriate Texas Department of
State Health Services registration number and expiration date.
(5) Two recent photographs of a size designated by the chief EMS officer, which shall
be attached to the license application.
(6) A report from a duly licensed physician of the State of Texas of a recent physical
examination which attests that the person has vision in both eyes correctable to 20/20
and has no physical defects which would impair his or her ability to perform the duties of
an ambulance attendant-driver.
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(7) Such other information as the chief EMS officer shall deem reasonably necessary to
a fair determination of compliance with this chapter.
(b) The chief EMS officer shall within 21 days of receipt of a completed application for an
attendant-driver license investigate the application and issue the license or notify the applicant
that the application is denied.
(Ord. No. 2005-2803, 9 1 (Exh. A), 1-10-05)
Sec. 30-86. Standards for attendant-driver license.
(a) All attendant-driver applicants must be able to read, write and speak the English language.
(b) All drivers must have a valid Texas driver's license. (Class A, 8, or C).
(c) All attendant-drivers must hold current certification from the Texas Department of State
Health Services as an emergency medical technician.
(d) No attendant-driver shall have a final conviction for theft, robbery, state or federal controlled
substances acts, rape, sexual abuse, indecency with a child, or abuse of a corpse.
(e) No attendant-driver shall have been convicted of three or more moving violations within the
preceding two-year period.
(f) All attendant-drivers shall be able to pass the vision test as prescribed by the Texas
Department of Public Safety.
(Ord. No. 2005-2803, 9 1(Exh. A), 1-10-05)
Sec. 30-87. Renewal of license.
Renewal of any license hereunder, upon expiration or after revocation, shall require
conformance with all requirements of this chapter as upon original licensing.
(Ord. No. 2005-2803, 9 1(Exh. A), 1-10-05)
Sec. 30-88. Revocation of license.
(a) The chief EMS officer may, and is hereby authorized to, suspend or revoke a license
issued hereunder for failure of a licensee to comply and to maintain compliance with, or for his
violation of, any applicable provisions, standards or requirements of this chapter, or of
regulations promulgated hereunder, or of any other applicable laws or ordinances, but only after
warning and such reasonable time for compliance as may be set by the chief EMS officer. Any
applicant denied a license or any licensee whose license is suspended or revoked shall have
the right of appeal to the city manager. Such appeal shall be submitted to the city manager in
writing within ten days of the action being appealed. The city manager shall, within ten days
after appeal is filed, consider all the evidence in support of or against the ruling appealed from
and render a decision either sustaining, reversing, or modifying the determination of the chief
EMS officer.
(b) If the city manager's decision is not acceptable to the applicant or licensee, he may, within
ten days of that decision, file an appeal in writing with the city secretary to the city council. Such
a written appeal shall set forth the specific grounds therefore. The city secretary shall notify the
appellant within ten days after receipt of appeal as to the time and place of the hearing by the
city council, which shall be within 30 days of receipt of such appeal. The determination of the
city council on any appeal pursuant to this chapter shall be final.
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(c) Upon suspension, revocation or termination of an ambulance license hereunder, such
ambulance shall cease operation as such and no person shall permit such ambulance to
continue operations as such. Upon suspension, revocation or termination of attendant's or
driver's license hereunder, such attendant or driver shall cease to drive or attend an ambulance
and no person shall employ or permit such individual to drive or attend an ambulance.
(Ord. No. 2005-2803, 9 1(Exh. A), 1-10-05)
Sec. 30-89. Medical director to serve in an advisory capacity.
(a) Any ambulance whose attendant receives physicians' orders either by voice
communications or written standing orders must have, in an advisory capacity, a physician,
licensed in the State of Texas, to serve as medical director.
(b) Any ambulance licensed under this chapter must maintain with the chief EMS officer a
statement of their current medical director including his or her name, business address,
business telephone number, and Texas medical license number; and the federal narcotics
license number if any drugs or supplies are prescribed by this physician.
(Ord. No. 2005-2803, 9 1 (Exh. A), 1-10-05)
Sec. 30-90. Inspection of ambulances.
(a) Subsequent to issuance of any ambulance or vehicle license hereunder, the chief EMS
officer shall cause to be inspected each such licensed vehicle, its equipment, premises and
personnel, whenever he deemed necessary. All licensed ambulances or vehicles shall be
subject to unannounced spot inspections and in any event will be inspected at least once per
year. The periodic inspection required hereunder shall be in addition to any other safety or
motor vehicle inspection required to be made for ambulance or other motor vehicles in the State
of Texas, or other inspections required to be made, under general laws and ordinances, and
shall not excuse compliance with any requirements of law and ordinance to display any official
certificate of motor vehicle inspection at all times.
(b) A copy of each initial, semiannual, spot or other ambulance, equipment, premises and
personnel inspection report shall be promptly transmitted to the applicant or licensee to whom it
refers.
(c) The chief EMS officer may immediately suspend any of the licenses issued under this
chapter if an inspection reveals violations or deficiencies that might endanger a patient or the
public.
(Ord. No. 2005-2803, 9 1 (Exh. A), 1-10-05)
Sec. 30-91. Central emergency dispatching system.
(a) It shall be unlawful for any ambulance to respond to an emergency call within the City of La
Porte.
(b) If any person receives any request for an ambulance service response on an emergency
basis other than through the city's central dispatching system; it is the obligation of that person
to immediately report the same request to the city's central dispatching system at which time a
City of La Porte Emergency Medical Service (EMS) unit will be dispatched to respond.
(c) It shall not be unlawful for a person operating a licensed ambulance in the city, upon
responding to a direct call for non-emergency ambulance service, to operate such ambulance
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under non-emergency conditions. Notifying the city's central dispatching system is not required
for non-emergency ambulance responses.
(1) In the event that the senior ambulance attendant-driver makes the determination
that a true emergency exists upon arrival, the senior ambulance attendant-driver may
then proceed in an emergency status (lights and siren) to the closest appropriate
hospital facility only upon notification to the city's central dispatching system.
(Ord. No. 2005-2803, 9 1 (Exh. A), 1-10-05)
Sec. 30-92. Penalty for violation of chapter.
(a) A person commits an offense if the person violates this chapter.
(b) Any person who violates a provision of this chapter, upon conviction in the municipal court
of the city, shall be subject to a fine in an amount established by the city and listed in appendix
B of this Code.
(Ord. No. 2005-2803, 9 1 (Exh. A), 1-10-05)
Sec. 30-93. Variances to chapter requirements.
(a) An affected person or organization may request a variance from the licensure requirements
of this chapter if the person satisfies one or more of the specific criteria listed in subsection (d).
(b) It shall be the responsibility of the chief EMS officer to grant such a variance.
(c) The variance must specify the specific licensure requirements and/or fees being waived.
(d) The criteria for variance are as follows:
(1) The person has transported a sick or injured person to medical care as an individual
citizen not ordinarily engaged in that activity;
(2) The person transports a sick or injured person in a multiple casualty situation that
exceeds the capacity of the city's emergency medical services;
(3) The person is a member of an organization and the person's function is to transport
members of that same organization to an appropriate medical facility at no charge to the
individual being transferred; and that same organization does not solicit business outside
itself or provide service to any other organization except in a multiple casualty situation;
(4) The vehicle or person is moving through the city on a call that neither originates nor
ends within the city;
(5) The organization is principally an air transport system;
(6) The organization or vehicle is licensed by the state as a "specialized emergency
medical services vehicle" and is designed to provide service patients with special needs
not easily met by other transport services;
(7) The organization is an agency or designated provider of a municipal government.
(e) A variance shall not be granted unless it is necessary to assure the availability of quality
care to the citizens of the city.
(1) A variance shall not be granted unless all ambulance units and personnel meet the
minimum standards set by the state health department.
(g) The city council reserves the right to reserve the decision of the chief EMS officer in
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granting or refusing a variance.
(Ord. No. 2005-2803, S 1(Exh. A), 1-10-05)
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ASKINS & ARMSTRONG, P.C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE, TEXAS 77572-1218
IE ~A ; D ;-+ 15
KNOX W. ASKINS
471-1886
JOHN D. ARMSTRONG
471-2047
TELEPHONE 281
TELECOP1ER 281
CLARK T. ASKINS
E-MAIL: kwaskinsllilaol.com
iohn-allilswbell.net
ctaskinsllilswbell.net
(Name and address)
Date:
RE: Account
Please be advised that our firm represents the City of La Porte, Texas, as city attorneys. Your
outstanding account balance with the City of La Porte EMS has been referred to us with
instructions that we make final demand for payment of this debt.
As of the date of this letter, your current outstanding balance for services rendered to you by the
La Porte EMS, is $
I urge you to immediately contact the City of La Porte EMS billing office at 281-470-0054 to
either pay the account in full or to make payment plan arrangements as a method to retire the
account balance, in weekly or monthly installment, until final payoff.
This offer is being made to you as an expression of the City's desire to settle your account in an
amicable manner, and we would urge you to respond.
This letter serves as the City of La Porte's final demand for payment and resolution of this matter.
If, at the expiration of thirty (30) days after the date of this letter payment has not been received,
or this matter has not been resolved through a payment plan arrangement, or you have not
contacted our office in writing or by phone disputing the validity of this claim or to seek a
compromise, we will assume you are disputing this claim and proceed with formal legal
proceedings, without further notice to you.
We do not wish to pursue legal proceeding in the court system, or take any action that might
impair your credit rating, and therefore we request that you give this matter your most immediate
attention.
Sincerely,
Clark Askins
Assistant City Attorney
City of La Porte, Texas
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 3. 2007
Appropriation
Requested By: Michael G. Dolbv. CPA
Source of Funds:
Department: Finance
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits: 50 Ordinances
Amount Requested:
Exhibits: 50 Industrial District A2reements
Budgeted Item:
(YES)
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve year
period. The current agreements will expire on December 31, 2007, the common date for the Battleground and
Bayport Industrial Districts.
The City mailed 118 Industrial District Agreements on November 1,2007.
Staff recommends City Council authorize the execution of Industrial District Agreements with the following
industries:
. Drago Supply Company Ordinance No. 2007-IDA-OI
. Kelley Fairmont, Inc Ordinance No. 2007-IDA-02
. Nissan Chemical Houston, Corporation Ordinance No. 2007-IDA-03
. South Coast Terminal- Van Leer Ordinance No. 2007-IDA-04
. La Porte Properties, LLC Ordinance No. 2007-IDA-05
. E.I. Du Pont De Nemours and Company Ordinance No. 2007-IDA-06
. DnCn, LLC Ordinance No. 2007-IDA-07
. Metton America, Inc Ordinance No. 2007-IDA-08
. Basell USA, Inc Ordinance No. 2007-IDA-09
. Oakwood Capital, LP Ordinance No. 2007-IDA-1O
. Don & Martha Tuffli Family Trust Ordinance No. 2007-IDA-1I
. DTMT One, LLC Ordinance No. 2007-IDA-12
. Tuffli Company, Inc Ordinance No. 2007-IDA-13
. Three Sisters Trust Ordinance No. 2007-IDA-14
. DTMT Two, LLC Ordinance No. 2007-IDA-15
. Tuffli Company Ordinance No. 2007-IDA-16
. North Bayport Industrial Park II, Ltd Ordinance No. 2007-IDA-17
. GWB Investments Ordinance No. 2007-IDA-18
. Eurecat US, Inc Ordinance No. 2007-IDA-19
. Southern Ionics Incorporated Ordinance No. 2007-IDA-20
. Total Petrochemicals USA, Inc Ordinance No. 2007-IDA-21
. First Industrial Texas, LP Ordinance No. 2007-IDA-22
. South Central Industrial Properties VII, L.P. Ordinance No. 2007-IDA-23
. Olefins Joint Venture, LP Ordinance No. 2007-IDA-24
. Equistar Chemicals, LP Ordinance No. 2007-IDA-25
. La Porte Methanol Co, LP Ordinance No. 2007-IDA-26
. Millennium Petrochemicals Ordinance No. 2007-IDA-27
. Battleground Water Ordinance No. 2007-IDA-28
. Lyondell Chemical Company Ordinance No. 2007-IDA-29
. Akzo Nobel Chemicals & Akzo Nobel Polymers Ordinance No. 2007-IDA-30
. Ineos Olefms & Polymers USA Ordinance No. 2007-IDA-31
. NDI Fairmont Parkway Partners, Ltd Ordinance No. 2007-IDA-32
. Praxair Inc Ordinance No. 2007-IDA-33
. Praxair Services Inc Ordinance No. 2007-IDA-34
. Albemarle Catalyst Company LP Ordinance No. 2007-IDA-35
. Rohm & Haas Chemicals LLC Ordinance No. 2007-IDA-36
. The Lubrizol Corporation Ordinance No. 2007-IDA-37
. Chusei USA Ordinance No. 2007-IDA-38
. Phyto Source, LP Ordinance No. 2007-IDA-39
. BNIP New Decade Venture, Ltd Ordinance No. 2007-IDA-40
. CBSL Transportation Services, Inc Ordinance No. 2007-IDA-41
. Linde Gas, Inc Ordinance No. 2007-IDA-42
. Clean Harbors La Porte Ordinance No. 2007-IDA-43
. Dana Tank Containers, Inc Ordinance No. 2007-IDA-44
. Calpine Operating Services Company, Inc Ordinance No. 2007-IDA-45
. Air Liquide USA, LLC Ordinance No. 2007-IDA-46
. Jack B Kelley, Inc Ordinance No. 2007-IDA-47
. DB Western, Inc - Texas Ordinance No. 2007-IDA-48
. Air Products Manufacturing Ordinance No. 2007-IDA-49
. Air Products LLC Ordinance No. 2007-IDA-50
Action Required bv Council:
nsider approval of the ordinances 2007-IDA-OI through 2007-IDA-50 authorizing the execution by the City of La
Po e of Industrial District Agreements listed above.
(I
Date
/"
~rY\ PLt
ORDINANCE NO. 2007-IDA-
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH (Name on Contract), (Corporation Type)
FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019,
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE
HEROF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. _(Name), (Corporation TypeL has executed an industrial district
agreement with the City of La Porte, for the term commencing January 1, 2008, and ending
December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City
attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute
and deliver on behalf of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the city for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
1
PASSED and APPROVED, this 3rd day of December, 2007.
CITY OF LA PORTE
~~y~
Alton Porter, Mayor
A TIEST:
f
YJt~
Martha Gillett, City Secretary
APPROVED:
.. -' ~r
2
SA vYlpl f.-
NO. 2007-IDA- S
S
STATE OF TEXAS S
S
CO~ OF ~IS S
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and
corporation, hereinafter
, a
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures
from time to time as are permitted by law and which will tend to
enhance the economic stability and growth of the City and its
environs by attracting the location of new and the expansion of
existing industries therein, and such policy is hereby reaffirmed
and adopted by this city Council as being in the best interest of
the City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial juriSdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances. being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter
"Land"); and said Land being more particularly shown on a plat
attached as Exhibit "BU, which plat describes the ownership
boundary lines; a site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the Land
previously annexed by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said city:
FINAL DRAFT: November 1, 2007
1
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, city and Company hereby
agree with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed
pursuant to the terms of this Agreement. Subject to the foregoing
and to the later provisions of this Agreement, City does further
covenant, agree and guarantee that such industrial district, to
the extent that it covers said Land lying within said District and
not now within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of
land, (b) prescribing any building, electrical, plumbing or
inspection code or codes, or (c) attempting to exercise in any
manner whatever control over the conduct of business thereon;
provided, however, any portion of Land constituting a strip of
land 100 I wide and contiguous to either Fairmont Parkway, state
Highway 225, or State Highway 146, shall be subject to the rules
and regulations attached hereto as Exhibit "CB and made a part
hereof; and provided, however, it is agreed that City shall have
the right to institute or intervene in any administrative and/or
judicial proceeding authorized by the Texas Water Code, the Texas
Clean Air Act, the Texas Health & Safety Code, or other federal or
state environmental laws, rules or regulations, to the same extent
and to the same intent and effect as if all Land covered by this
Agreement were not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended),
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
determined by the Harris County Appraisal District. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of computing the "in lieu"
2
payments hereunder. Therefore, the parties agree that the
appraisal of the Land, improvements, and tangible personal
property in the unannexed area shall be conducted by City, at
city1s expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for "in lieull
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) Land, improvements, and tangible
personal property.
Nothing herein contained shall ever be interpreted as lessening
the authority of the Harris County Appraisal District to establish
the appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. The properties upon which the "in lieu of" taxes are assessed
are more fully described in subsections 1, 2, and 3 of subsection
C, of this Paragraph III (sometimes collectively called the
"property") ; provided, however, pollution control equipment
installed on the Land which is exempt from ad valorem taxation
pursuant to the provisions of Sec. 11.31 of the Texas Property Tax
Code is exempt from ad valorem taxation and "in lieu of taxes"
hereunder. Property included in this Agreement shall not be
entitled to an agricultural use exemption for purposes of
computing "in lieu of taxes" hereunder.
B. On or before the later of December 31, 2008, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2019, Company
shall pay to City an amount of "in lieu of taxes" on Company J s
Property as of January 1st of the current calendar year ("Value
Year") .
C. Company and City agree that the following percentages
("Percentage Amount") shall apply during each of the Value Years:
Value Year 2008: 62%
Value Year 2009: 62%
Value Year 2010: 62%
Value Year 2011: 62%
Value Year 2012: 62%
Value Year 2013: 62%
Value Year 2014: 63%
Value Year 2015: 63%
Value Year 2016: 63%
Value Year 2017: 63%
Value Year 2018: 63%
Value Year 2019: 63%
Company
taxes"
personal
of:
agrees to pay to city an amount of "in lieu of
on Company's land, improvements and tangible
property in the unannexed area equal to the sum
3
1 . Percentage Amount of the amount of ad valorem taxes
which would be payable to City if all of the Company's
Land and improvements which existed on January 1, 2008,
and each January 1 thereafter of the applicable Value
Year during the term of this Agreement, (excluding
amounts which would be so payable with respect to any
Substantial Increase in value of such Land and
improvements to which subparagraph 2, below applies),
had been within the corporate limits of City and
appraised each year by City'S independent appraiser, in
accordance with the applicable provisions of the Texas
property Tax Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2007, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation),
for each Value Yeare following completion of
construction in progress, an amount equal to
Twenty-five percent (25%), if construction is
completed in Value years 2008 through 2013; and
Twenty percent (20%), if construction is completed
in Value years 2014 through 2019, of the amount of
ad valorem taxes which would be payable to City if
all of said new construction had been within the
corporate limits of City and appraised by City's
independent appraiser, in accordance with the
applicable provisions of the Texas Property Tax
Code.
In the case of new construction which is completed
in Value Year 2016 or later, and provided,
further, that City and Company enter into an
Industrial District Agreement after the expiration
of this Industrial District Agreement, then I and
in such events, such new construction shall be
entitled to additional Value Years under the new
Agreement at a Twenty percent (20%) valuation
under this subparagraph (a), for a total of six
(6) Value Years, but not extending beyond Value
Year 2022.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
{excluding inventory} as used in subparagraph 2(a)
above I is defined as an increase in value that is
the lesser of either:
i. at least Five percent {5%} of the total
appraised value of Land and improvements I on
January 11 2007; or
ii. a cumulative value of at least $3,5001000.00.
4
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2007,
an amount equal to the amount of .the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2007, value; and
3 . Percentage Amount of the amount of ad valorem taxes
which would be payable to City on all of the Company's
tangible personal property of every description,
located in an industrial district of city, including,
without limitation, inventory, (including inventory in
a federal Foreign Trade Zone and including Freeport
exempted inventory), oil, gas, and mineral interests,
items of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of said
tangible personal property which existed on January 1,
2008, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement,
(excluding amounts which would be so payable with
respect to any substantial Increase in value of such
tangible personal property to which subparagraph 2,
above applies), had been within the corporate limits of
City and appraised each year by the City'S independent
appraiser, in accordance with the applicable provisions
of the Texas Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City'S ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
4. Notwithstanding the above, should City elect to grant
the freeport inventory exemption authorized by Article
VIII, section 1-j of the Texas Constitution and Section
11.251 of the Texas Property Tax Code to taxpayers
within the City limits, then the freeport inventory
exemption shall apply to parties to this Agreement.
Further, should inventory or any other class or type of
property become exempt from taxation by constitutional
amendment or act of the Texas Legislature (including,
but not limited to, Article VIII, Section 1-n, of the
Texas Constitution and Section 11.253 of the Texas
Property Tax Code), such class or type of property
shall be exempt for purposes of this Agreement, unless
the city Council of the City of La Porte shall by
Ordinance provide for the continued taxation of such
property under the authority of any applicable
provisions of the Texas Constitution and Texas
Statutes.
5
5. City and Company acknowledge circumstances might
require the City to provide emergency services to
Company's Property described on Exhibit "A" attached
hereto. Emergency services are limited to fire,
police, and public works emergency services. If
Company is not a member of Channel Industries Mutual
Aid Association (ClMA), Company agrees to reimburse
City for its costs arising out of any emergency
response requested by Company to Company's property,
and to which city agrees to respond. If Company is a
member of ClMA, the obligations of Company and City
shall be governed by the ClMA agreement, to which
agreement City is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2008, and continuing thereafter until December 31,
2019, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act i provided, however, that in the event
this Agreement is not so extended for an additional period or
periods of time on or before August 31, 2019, the agreement of
City not to annex property of Company within the District shall
terminate. In that event, City shall have the right to commence
immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and
provisions of this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of
the state of Texas which imposes greater restrictions on the right
of City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of such land, Company will waive the right to require City to
comply with any such additional restrictions or obligations and
the rights of the parties shall be then determined in accordance
with the provisions of said Texas Municipal Annexation Act as the
same existed January 1, 1994.
v.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
6
Company shall have the right to take all legal steps desired by it
to reduce the same.
Notwithstanding such protest by Company, and except as otherwise
provided in Article VI {B}, Company agrees to pay to City on or
before the date therefor hereinabove provided, at least the total
of {a} the total amount of ad valorem taxes on the annexed
portions, plus (b) the total amount of the "in lieu of taxes" on
the unannexed portions of Company's hereinabove described property
which would be due to city in accordance with the foregoing
provisions of this Agreement on the basis of renditions which
shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter
Company shall make payment to city of any additional payment due
hereunder, or City shall make payment to Company of any refund
due, as the case may be, based on such final valuation, together
with applicable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II
above (which shall be given in writing to Company), Company shall,
within twenty (20) calendar days of receiving City's invoice, give
written notice to the City of such disagreement. In the event
Company does not give such written notice of disagreement within
such time period, the appraisal made by said independent appraiser
shall be final and controlling for purposes of the determination
of "in lieu of taxes" payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statement
setting forth what Company believes to be the market value of
Company's hereinabove described property. Both parties agree to
thereupon enter into good faith negotiations in an attempt to
reach an agreement as to the market val ue of Company's property
for "in lieu" purposes hereunder. If, after the expiration of
thirty (30) days from the date the notice of disagreement was
received by City, the parties have not reached agreement as to
such market value, the parties agree to submit the dispute to
final arbitration as provided in subparagraph 1 of this Article
VI (B) .
Notwithstanding any such disagreement by Company, Company agrees
to pay to City on or before December 31 of each year during the
term hereof, at least the total of (a) the ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu"
payments which would be due hereunder on the basis of Company I s
written valuations statement submitted to City by Company
hereunder, or the total assessment and "in lieu of taxes" thereon
for the last preceding year, whichever is higher.
7
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by city, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge of the U.S.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company's property for calculation of the " in lieu"
payment and total payment hereunder for the year in
question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision
as promptly as practicable. That decision shall then
be final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration" I Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company r S successors and assigns,
affiliates and subsidiaries I and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the
property belonging to it within the territory hereinabove
described, and the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extension
thereof remains in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
8
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and city agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application.. thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City of La Porte:
City Manager
city of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
To Company:
Attention:
(COMPANY)
Department
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
billing address.
Company shall notify City annually, on or before June 1, of any
changes to the fOllowing information:
9
Plant Manager
Name:
Address:
Phone:
Fax:
Email:
Tax Agent/Billing Contact
Name:
Address:
Phone:
Fax:
Email:
ENTERED INTO effective the 1st day of January, 2008.
(COMPANY)
By:
Name:
Title:
Address:
ATTEST:
CITY OF LA PORTE
By:
City Secretary
Alton E. Porter
Mayor
APPROVED:
By:
John Joerns
Assistant City Manager
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
281. 471.1886
281.471.2047 fax
knoxaskins@comcast.net
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
10
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This instrument was acknowledged before me on the __ day of
, 200_, by
corporation, a
corporation,
of
on behalf of said entity.
Notary Public, state of Texas
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This instrument was acknowledged before me on the day of
, 200 , by Alton E. Porter, Mayor of the city of La
Porte, a municipal corporation, on behalf of said entity.
Notary Public, State of Texas
11
BBXHI:BJ:T An
(Metes and Bounds Description of Land)
12
nEXH.IB.IT B"
Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
13
-EXHIBIT en
Page 1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall pe subject to the following rules and
regulations pertaining to new signage, screening, driveways and
median crossovers. These rules and regulations shall apply after
the effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that
fronts on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
.
Freestanding identification signs for
businesses shall not exceed 350 square feet.
multiple
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
.2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or State Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
14
nEXllJ:BIT en
Page 2 of 3
b) The use of earthen berms with approximately 3: 1 side
slopes, SO I wide at the base and 8' high. The berms
may be landscaped with a combination of trees, shrubs,
and ground cover. All berms and landscaping will be
maintained by the property owners.
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground
cover that after 5 years growth will be at least 20
feet in height and shall, together with shrubs and
ground cover, create a continuous visual screen.
Provided, however, in public utility easements or
rights-of-way, the vegetation shall be installed and
maintained in a manner which is acceptable to the
public utility company, and does not interfere with the
operation and maintenance of the public utility
facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of
the new development that is parallel to the roadway.
Screening shall not be required for new development that is
to the rear of or behind existing facilities.
In all cases the 501 strip, along the entire roadway
frontage I shall be dedicated as a landscape easement and
shall be kept free from any improvements except for approved
driveway access and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
d} In the case of land contiguous to Fairmont Parkway, in
addition to the other requirements of these Rules and
Regulations, Company shall dedicate to City by Plat a
ten foot (10') wide pedestrian and bicycle easement,
extending along Company's Fairmont Parkway boundary,
within the fifty foot (50') landscape easement. The
pedestrian easement shall not be within any pipeline
facility, except for necessary crossings.
3. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City'S Code of Ordinances, whichever is
more restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and prov1.s1.ons of the City's Code of
Ordinances, whichever is more restrictive.
15
REXB:IBIT en
Page 3 of 3
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the city and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
16
7
NO BACK UP PROVIDED
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 3. 2007
Requested By: Woyne .J~
Department: PlllDDiDg
Budeet
Source of Funds:
Fund 15
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted: $50,000
Exhibits: Map of Proposed Sidewalk In-fill for Year 07/08
Amount Requested:
Exhibits: Compilation of Proposed Sidewalk In-fill
Budgeted Item: YES X NO
Exhibits Aerial Pboto of Prop9ied 07.'08 Sidewalk ID-fill
Locations
SUMMARY
During the FY05-06 budget process, the Council expressed an interest in general pedestrian connectivity issues in
conjunction to the CIP project of sidewalk renovation/repair. Generally, when assigning priorities for connectivity
projects, (e.g. trails, paths and sidewalks) the following should be given priority consideration:
. interconnecting of schools with neighborhoods (safe routes to schools),
. connecting parks and other public facilities,
. where future trails/paths are already planned to avoid duplication,
. topographical characteristics (e.g. can a sidewalk be constructed on public ROWand not
interfere with open ditches and avoiding expensive ditch crossings etc.) and
. where to avoid promoting pedestrian traffic along dangerous areas.
Areas earmarked by Council approved studies and plans for pedestrian connectivity will be reviewed by the survey
section and the City Engineer for suitability and a list with recommended priorities will be brought back to Council
for cost analysis and implementation.
Staffis proposing the construction of new sidewalks along West "F" Street and along North 3rd Street for the 07/08
budget year. Each of the locations adheres to the above criteria. The West "F" project will construct 40% of the
2222 linear feet required and serve connectivity between neighborhoods, the library and schools from S. 7th to
Broadway. The North 3rd project will complete 100% ofthe 1244 linear feet needed to provide a safe route to the
DeWalt School and a City park from Main Street to Madison. Maps and spreadsheets with cost estimates are
attached. These projects are estimated to be within the $50,000 allocated in the FY 07/08 budget. Upon review,
Staff will prepare bid packets.
Date
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Sidewalk Infill
Priority
1st Priority
2nd Priority
3rd Priority
4th Priority
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CITY OF LA PORTE
604 West Fairmont Parkway
La PortB, TX 77571
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City of La Porte
GIS DIVISION
CITY WIDE SIDEWALK IN-Fill PROJECT
9/13/2006; prioritized 1/12/07 II II
DESCRIPTION SIW QTY WCR EST. COST DESTINATION 2007 2008 2009
~- ---
LF EA
4th St. from West "A" to West "H" 3160 14 $ 67,910.00 In-Fill
West "0" from Broadway to S. 7th 2222 14 $ 50,557.00 School
II
West "F" from Broadway to S. 7th 2222 14 $ 50,557.00 School/Library 40%
S. Iowa from East Main to East "H" fU 3620 15 $ 77,095.00 In-FiliI Pfeiffer Park --
East "H" from San Jac to Utah 1244 8 $ 28,414.00 School
IL
N. 3rd from Main to Madison 1244 8 $ 28,414.00 School 100%
N. 6th from Main to Polk L=!-~ 2 $ 6,271.00 In-Fill
East "F" from San Jac to Utah 1244 8 $ 28,414.00 School
~~----
NE Comer of S. 3rd @ West "A" 50 2 $ 2,275.00 In-Fill
S. 3rd from LCB Bridge to Fairmont Parkway 1260 1 $ 23,985.00 LCB Park and Rec Center
NE Cor. S. 2nd @ West "A" 62 2 $ 2,497.00 In-Fill
",-6 , ,. l5i\ i~t;~ 1200 4 $ 24,900.00 LCB Park
Faif11l()Ot Pkwy from S. 1 st to 100' east of S. 4th 166 2 $ 4,421.00 In-Fill X
~ i I
Fainnont Pkwy @ Strip Center bIw S.4th & s. 5th 125 1 $ 2,987.50 In-Fill X
II ~ I
Fairmont Pkwy from Oregon east 136' 136 $ 2,516..00 In-Fill X
II ~ I
East "E" St - Boggy Bayou to Blackwell 265 1 $ 11,314.00 In-Fill X
II
West "H" from S. 1 st to S. 7th 1936 10 $ 42,566.00 School
Bayside from S. Broadway to Fondren 2000 11 $ 44,425.00 In-Fill
Shadv River SID
162 $ 2,997.00 In-Fill
1597 $ 29,544.50 In-Fill
323 $ 5,975.50 In-Fill
2214 $ 40,959.00 In-Fill
Spencer Hwy from EMS to Carwash 100 $ 1,850.00 In-Fill
Driftwood from Spencer Hwy to Subdivision ~-- $ In-Fill
234 1 5,004.00
---
Spencer Hwy from Animal Clinic to Fleetwood 327 1 $ 6,724.00 In-Fill
Spencer Hwy - Law Office to Driftwood 560 1 $ 11,035.00 In-Fill
Spencer Hwy from Valley Brook to F'mont Prk See 11 200 2 $ 5,050.00 In-Fill X
Sommerton @ Spencer Hwy -- $ In-Fill
20 370.00
Monument Estates Subdivision
100 $ 1,850.00 In-Fill
60 $ 1,110.00 In-Fill
60 $ 1,110.00 In-Fill
60 $ 1,110.00 In-Fill
1V1eadowcrest Subdivision - II -~-
Meadow Lark 1290 14 $ 40,257.00 School X
790 $ 14,615.00 In-Fill
790 $ 14,615.00 In-Fill
790 $ 14,615.00 In-Fill
790 $ 14,615.00 In-Fill
790 $ 14,615.00 In-Fill
790 $ 14,615.00 In-Fill
790 $ 14,615.00 In-Fill
TOTALS 35259 136 .
Sidewalk Cost Estimate @$18.50/LF $ 652,291.50
Wheel Chair Ramp Cost Est. (WCR) @ $675/EA $ 91,800.00
TOTAL COST I $ 744,091.50
1 st Priority
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B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
December 03. 2007
4<)~
D. Wilmore
Bud2et
Agenda Date Requested:
Source of Funds:
Department:
Planninf
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Code of Ordinance S. 34-126 & S. 34-128
Amount Requested:
Exhibits:
Exhibits:
Comparison Table on Mowin2 Fees
Budgeted Item: YES NO
Exhibits:
Code of Ordinance Appendix A. Cb. 34
SUMMARY & RECOMMENDATION
City Council asked that staff review existing height regulations and mowing fees and poll surrounding cities to
compare height regulations and fees. In addition, Council asked that a workshop be held to consider a possible
update of these regulations.
By definition (Chapter 34, Sec. 34-126) weeds are rank and uncultivated vegetable growth or matter which has
grown to more than 18 inches in hei2ht or which, regardless of height, is liable to become an unwholesome or
decaying mass or a breeding place for mosquitoes or vermin. Also, Sect. 34-128 declares weeds to be a public
nuisance when they are within 150' of any residence or place of business within the city.
A reduction in the height violation reference, from 18" to 12", will allow staff to increase mowing frequency of
non-maintained properties.
Surrounding cities were polled and a table is attached to show the varied charges. The most common method
utilizes a contractor charge Dlus an administrative fee. The table includes our existing fee schedule and a proposal
to increase our charge by billing owners for the contractor charge plus a $100 administrative fee. A copy of
the Code of Ordinances Appendix A - Fees, Chapter 34 Environment, showing the existing fee schedule is also
included in the packet.
Currently no tool is available to assist staff in the collection of unpaid public nuisance (mowing, brush clearing,
debris, etc.) bills for repeat offenders that are assessed as liens against the property.
Consid possible changes to weed height regulations & fees and provide staff with direction on amendments
li{ ~ l () 1
Date
ENVIRONMENT
~ 34-129
Rubbish means all refuse, rejected tin cans, old vessels of all sorts, useless articles,
discarded clothing and textiles of all sorts and, in general, all litter and all other things usually
included within the meaning of such term.
> .~ means all rank and uncultivated vegetable growth or matter which has grown to
more than 18 inches in height. or which, regardless of height, is liable to become an
unwholesome or decaying mass or a breeding place for mosquitoes or vermin.
(Code 1970, ~ 13-21)
Cross reference-Definitions generally, S 1-2.
Sec. 34-127. Enforcement of article.
The terms and conditions of this article shall be enforced by the director of planning or his
duly designated agents.
(Code 1970, ~ 13-22)
Sec. 34-128. Prohibited conditions designated.
The following specific acts and conditions are declared to constitute a public nuisance and
are hereby prohibited and made unlawful:
(1) ~eeds, brush, rubbish and all other objectionable, unsightly and insanitary matter of
whatever nature, covering or partly covering the surface of any lot or parcel of ,real
) estate situated within the city, and within 150 feet of any residence or place of bus in eRR
within the city; and
f'o-
(2) Any lot or parcel of real estate situated within the city which has the surface thereof
filled or partly filled with holes, or is in such condition that the lot or parcel holds or
is liable to hold stagnant water therein, or, from any other cause, is in such condition
as to be liable to cause disease, or produce, harbor or spread disease germs of any
nature or tend to render the surrounding atmosphere unhealthy, unwholesome or
obnoxious.
(Code 1970, ~ 13-23)
State law reference-Authority of city to prohibit conditions described in this section,
V.T.C.A., Health and Safety Code ~S 342.001-342.004.
Sec. 34-129. Notice-Issuance.
)
Whenever the existence of any nuisance or other prohibited condition on any lot or parcel of
real estate situated within the city shall come to the knowledge of the director of planning or
his duly designated agents, it shall be his duty to forthwith cause a written notice to be issued
to the person owning such lot or parcel as provided in V.T.C.A., Health and Safety Code
S 342.006(b).
(Code 1970, S 13-24)
Supp. No.8
CD34:9
COMPARISON TABLE ON MOWING FEES
(11/19/07)
MOWING & BID WORK FEES
BA YTOWN
Contractor Charge + $100 Administrative Fee
DEER PARK
$120 - $200 Minimum Charge + Attorney fees)
LA PORTE
Current as per
Ord. #1837;
Passed
04/27/92
PROPOSED:
$70/per lot (50' X 125' lot basis)
$100/per acre
Minimum bill to owner: $70
Lien Release fee: $50
Contractor Charge + $100 Administrative Fee
Lien Release fee: $50
LEAGUE CITY
Contractor Charge + $100 Administrative Fee
PASADENA
Contractor Charge + $200 Administrative Fee
SEABROOK
Contractor Charge + $75 Administrative Fee
APPENDIX A-FEES
Description
Article VI. Secondhand Metal Dealers, Junk Dealers and Scrap
Metal Processors
Division 2. License
-r
(a) Annual license fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Show license fees (per day). . . . . . . . .. . . . .... . . . .. . . . .. .. .
Chapter 30. Emergency Services
Article II. Alarms
(a) Permit fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Renewal fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Assessment for false alarm of an alarm system after five
previous false alarms
Fee per response thereafter
Article Ill. Emergency Medical Services Procedure
Treatment w/transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Standby rate/hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mileage (per loaded mile) . .. . .. .. .. . ., . . . . . .. .. . . . . . . . . .. . . .
Life flight/other transport. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Treatment w/private transport. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Treatment, no transport. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 34. Environment
Article Ill. Noise
(a) Daily loudspeaker use permit fee. . . . . . . . . . . . . . . . . . . . . . . .
Article Iv. Unsanitary, Unsightly Conditions on Private Premises
(a) Abatement charges
(1) Per lot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Per acre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Minimum bill to owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Removal oflien filed on property.. . . " . .... . . . ... . . .. . . .
(c) Owner contracting abatement with city
(1) Per lot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Minimum bill per occurrence. . . . . . . . . . . . . . . . . . . . . . . .
)
Supp. No. 12
CDA:5
Amount
Section
this Code
50.00
2.00
22-388
22-388
35.00
10.00
30-36(a)
50.00
50.00
30-44
788.00
40.00
10.00
790.00
396.00
396.00
30-78
1.00 34-94
34-132(a)
70.00
100.00
70.00
50.00 34-133
34-135
70.00
70.00
c
---..
Agenda Date Requested: December 3, 2007 Appropriation
Requested By: Michael Dolbv CPA Interim Finance Director r ~ource of Funds:
Department: FINANCE ( )
Account Number:
Report: Resolution: Ordinance: Amount Budgeted:
- -
Exhibits: Sick Buy Back Proposal Amount Requested:
Exhibits:
Exhibit Budgeted Item: YES
REQUEST FOR CITY COUNCIL AGENDA ITEM
SUMMARY & RECOMMENDATION
During previous meeting with council, staff has outlined a sick buy back program, which reduces
our financial liability. The buy back will take place over time and it applies only to non civil
service employees.
In conjunction with this program we recommend implementing a short-term, long-term disability
insurance program along with personnel policy changes.
iscus sick buy back plan and provide staff with direction.
. Council A enda
11/27/20074:07 PM/S:/finance director/sickbuyback.doc
From:
Mayor and City Council Q
Ron Bottoms, City Manager
City of La Porte
Interoffice Memorandum
To:
Date:
November 28, 2007
Subject:
Sick Buy Back and Disability insurance
Staff has continued to discuss the short term/long term disability and sick buy back program and
we would like to present the following proposal for your consideration:
. The city will "buy back" up to 480 hours, at 10% per year, for those employees that have
been with the city for 10 years (current policy)
. Employees with hours accrued will have those hours "frozen and banked" when the Long
Term Disability program is implemented and will be paid for this time, up to 480 hours,
upon fulfilling the 10 year vesting
. Long term disability would start at 90 days or whenever all sick time has been used (90
day minimum) - allows employees with mega hours to utilize all their time accrued
. Short term disability would be made available for the employees to purchase to fill the
gap between sick leave earned and the 90 day L TD kickoff
. Employees will accrue sick leave at one (1) day per month for up to the maximum of 90
days (7 Y2 years to accrue the 90 days from initial employment)
Example #1: employee has 3,000 hours of sick time accrued
. Employee would receive a buy back for 480 hours @ 48 hours per year for ten years
. Employee would have 720 hours (90 days @ 8 hrs/day) of the remaining 2,520 hours
applied to their sick time
. Employee would have the remaining 1,800 hours "banked" which could be used in the
event of a catastrophic event prior to the long term disability commencing
. Employee would accrue sick time only when they dropped below the 90 day maximum
(ie. used some of their 90 days of sick time)
Example #2: employee has 150 hours of sick time accrued
. Employee would receive a buy back for all 150 hours once they meet the ten year vesting
@ 48 hours per year until the 150 hours has been paid off
. Employee's 150 hours would be used towards meeting the 90 maximum accrual
. Employee would accrue sick time at one (1) day per month to the maximum of 90 days
. Employee would have the option of purchasing short term disability to "fill the gap" to
meet the 90 days until L TD kickoff
Example #3: new employee
. Employee would accrue sick time at one (1) day per month to the maximum of90 days
. Employee would have the option of purchasing short term disability to "fill the gap" to
meet the 90 days until L TD kickoff
Advantages to the proposal:
1. Allows employees who have accrued massive hours to utilize them if needed
2. Provides an incentive for employees not to abuse their sick time in order to meet the 90
day L TD requirement
3. Reduces the city's financial liability
4. Cost to the city is reduced to around $53,000 per year
Disadvantage to the proposal:
1. Employees with less than the 720 hours have some exposure prior to accruing the 90 days
(but it is no different than our current situation)