HomeMy WebLinkAbout2008-03-24 Regular Meeting and Public Hearing of the La Porte City Council5
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MINUTES OF REGULAR MEETING AND PUBLIC HEARING
OF THE LA PORTE CITY COUNCIL
March 24, 2008
CALL TO ORDER
The meeting was called to order by Mayor Porter at 6:05 p.m.
Members of City Council Present: Mayor Porter, Mayor Pro-Tem Rigby, Council members
Tommy Moser, Mike Clausen, Georgia Malone, Mike Mosteit, Barry Beasley, Chuck
Engelken and Howard Ebow
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: Assistant City Attorney
Clark Askins, City Manager Ron Bottoms, Finance Director Michael Dolby, Assistant City
Manager John Joerns, City Secretary Martha Gillett, Assistant Fire Chief Donald Ladd,
Controller Phyllis Rinehart, Emergency Management Coordinator Jeff Suggs, Fire Chief
Mike Boaze, Chief of Police Richard Reff, Economic Development Coordinator Gretchen
Larson, Emergency Management Assistant Kristin Goutier, Public Works Director Steve
Gillett, Director of Parks & Recreation Stephen Barr, Economic Development Coordinator
Gretchen Larson Human Resources Manager Heather Wedger, Building Official Debbie
Wilmore and a number of other employees and volunteers.
Others present: Adam Yanelli of the Bayshore Sun, John Black, Leonard Zlomke, Trent
Wise, Ann Malone, Jack Peters, Joe Rodriquez, Randall Sanders, Keith Wall, Susan
Polak, Vicky Beveridge, Fred Kurtz, Phil Steelman, John Littman, Patricia Clarke, Joel Hill
and a number of citizens.
2. Bobby Worsham of Second Baptist Church of La Porte was not present to lead the
invocation. Mayor Porter lead the invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENTATIONS/ PROCLAMATIONS
5. CONSENT AGENDA
A. Consider approving Minutes of the Regular Meeting, Public Meeting and
Workshop Meeting of the La Porte City Council held on March 10, 2008.
B. Council to consider approval or other action authorizing the City Manager to
approve an Ordinance establishing speed limits along BS 146D and SS 501 within
the City of La Porte (3069) — S. Gillett
C. Council to consider approval or other action authorizing the City Manager to
approve an Ordinance establishing a program of comprehensive emergency
management as required by Texas Government Code Chapter 418 (1498-A) — J.
Suggs
D. Council to consider approval or other action to authorize the City Manager to
approve an Ordinance authorizing an interlocal agreement between the City of La
Porte and Harris County for Sylvan Beach Coastal Erosion Planning and
Response Act Shoreline Project. (3070) - S. Barr
E. Council to consider approval or other action to authorize the City Manager to
approve an Ordinance adopting the 2008 edition of the National Electrical Code
with an effective date of April 8, 2008 (96-2079-L) — D. Wilmore
Councilmember Rigby had questions on items B & C.
_Motion was made by Councilmember Rigby to vote on item C separately and table until the
next meeting.
Second by Councilmember Moser. The motion carried.
Ayes: Mayor Porter, Mayor Pro-Tem Rigby, Mosteit, Moser, Clausen, Beasley,
Engelken, Ebow and Malone.
Nays: None
Abstain: None
Absent: None
Council directed staff to bring back the ordinance showing what changes were made and
clarify reporting of Emergency Management Coordinator to the Mayor.
Motion was made by Councilmember Engelken to approve the consent agenda as
presented. Second by Councilmember Ebow. The motion carried.
Ayes: Mayor Porter, Mayor Pro-Tem Rigby, Mosteit, Moser, Clausen, Beasley, Engelken,
and Malone.
Nays: None
Abstain: Ebow
Absent: None
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA.
Margaret Compton was not present to address council with her flooding concerns.
7. Public Hearing- Council discussed the first of two public hearings to discuss annexation of
property located within the Battleground Industrial District and more specifically described
as four (4) tracts of land by Issac Heller, Two-Eighteen-M-Texas, Two Zero-One-M-Texas,
and Ronald J. Tucker, respectively, and comprising a total of 43.2747 acres out of Lot 11,
F. A. Staashen Subdivision. Enoch Brinson Survey, Abstract 5, Harris County, Texas.
Open Public Hearing — Mayor Porter opened the Public Hearing at 6:22 p.m.
City Manager Ron Bottoms presented summary and recommendations and answered
Council's questions.
Public Input — Frederick Kurtz — 205 Mill Rd., Iowa — Had several questions for Council on
costs of services, water services and sprinkler system conversions. He noted they must
have water services within 8 hours of conversion and inquired about loop connections to
the water system and is a lift station required.
Recommendation of Staff — Staff recommend moving forward with the annexation.
Mayor Porter closed the Public Hearing at 6:29 p.m. and reconvened the Regular meeting.
8. Council to consider approval or other action authorizing the City Manager to approve a
Resolution suspending the effective date of Centerpoint's rate increase for 90 days. (2008-
03)
Motion was made by Councilmember Beasley to table Resolution until the April 7th Special
Called Meeting. Second by Councilmember Malone. The motion carried.
Ayes: Mayor Porter, Mayor Pro-Tem Rigby, Mosteit, Moser, Beasley, Clausen, Ebow
and Malone
Nays: None
Abstain: Engelken
Absent: None
9. Council to consider approval or other action regarding an ordinance approving and
authorizing an agreement of purchase of property by the City of La Porte from the La Porte
Bay Area Heritage Society, and an agreement of lease between the City of La Porte and
the La Porte Bay Area Heritage Society, for a twenty year term commencing April 1, 2008.
Director of Parks and Recreation Steven Barr presented summary and recommendations
and answered Council's questions.
Assistant City Attorney Clark Askins read: Ordinance 2008-3071, AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT OF PURCHASE OF PROPERTY
BY THE CITY OF LA PORTE FROM THE LA PORTE BAY AREA HERITAGE SOCIETY,
AND AN AGREEMENT OF LEASE BETWEEN THE CITY OF LA PORTE AND THE LA
PORTE BAY AREA HERITAGE SOCIETY, FOR A TWENTY YEAR TERM
COMMENCING APRIL 1, 2008; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Moser to approve the Resolution as presented by
Steven Barr. Second by Councilmember Malone. The motion carved.
Ayes: Mayor Porter, Mayor Pro-Tem Rigby, Mosteit, Moser, Beasley, Clausen, Engelken,
and Malone
Malone.
Nays: Ebow
Abstain: None
Absent: None
10. Council to consider approval or other action to amend FY 2007-2008 Budget in the amount
of $15,000 for the required payments to Consultivio Ltd. for the development of the Hotel
RFQ project.
Economic Development Coordinator Gretchen Larson presented summary and
recommendation and answered Council's questions.
Motion was made by Councilmember Beasley to approve the request as presented by Mrs.
Larson. Second by Councilmember Clausen. The motion carried.
Ayes: Mayor Porter, Mayor Pro-Tem Rigby, Mosteit, Moser, Beasley, Clausen, Engelken,
Ebow and Malone
Malone.
Nays: None
Abstain: None
Absent: None
11. Council to consider approval or other action renegotiating, amending or terminating the
"Exclusive Right to Sell Contract" between the City of La Porte and Cushman & Wakefield
of Texas, Inc., dated February 25, 2008.
City Manager Ron Bottoms presented summary and recommendations and answered
Council's questions.
Motion was made by Councilmember Moser terminate the contract recently awarded to
Cushman Wakefield to sell surplus properties. Second by Councilmember Rigby. The
motion carried.
Ayes: Mayor Porter, Mayor Pro-Tem Rigby, Mosteit, Moser, Beasley, Clausen, Engelken,
Ebow and Malone.
Nays: None
Abstain: None
Absent: None
Council directed staff to not reference bid amount in the next RFP and to look closely at
the criteria. It may be necessary to have to RFP's to separate commercial and residential.
12. Council to consider approval or other action to award the Stop -Loss Insurance coverage to
American Stop -Loss and increase the deductible from $115,000 to $125,000 per
employee.
City Manager Ron Bottoms presented summary and recommendations and answered
Council's questions.
Motion was made by Councilmember Mosteit approve the recommendation as presented
by Mr. Bottoms Second by Councilmember Clausen. The motion carried.
Ayes: Mayor Porter, Mayor Pro-Tem Rigby, Mosteit, Moser, Beasley, Clausen, Engelken,
Ebow and Malone
Malone.
Nays: None
Abstain: None
Absent: None
13. Received report from Police Chief Reff for 2007 statistics.
14. Received reports from the La Porte Development Corporation Board, Fiscal Affairs
Committee, and Drainage and Flooding Committee.
Councilmember Engelken informed the Council there is no new information to report on
the La Porte Development Corporation or Fiscal Affairs Committee.
Councilmember Mosteit reported the drainage committee will be meeting tomorrow
evening. They will be receiving the report from the Engineering firm and was pleased to
report two short term projects are underway.
15. Administrative Reports
City Manager Ron Bottoms provided Administrative Reports on the following:
Drainage and Flooding Committee Meeting — March 25, 2008 — 5:00 p.m.
Dr. Say's Reception — March 27, 2008 — Sylvan Beach Pavilion — 5:00 p.m. — 7:00 p.m.
Special Called City Council Meeting — April 7, 2008 — 6:00 p.m.
La Porte Development Corporation Board Meeting — April 7, 2008 — 5:00 p.m.
Council Retreat — April 19, 2008 — Police Department — 8:00 a.m. — 5:00 p.m.
City Council Meeting — April 14, 2008 — 6:00 p.m.
Fiscal Affairs Meeting — April 28, 2008 — 5:00 p.m.
City Council Meeting — April 28, 2008 — 6:00 p.m.
April 28, 2008 — May 6, 2008 — Early Voting
Mr. Bottoms also announced he is pleased that Tim Tietjens has accepted the position of
Planning Director.
16. Council Comments- Malone, Ebow, Engelken, Mosteit, Clausen, Rigby, Moser, and
Porter
Mayor Porter reported the Port of Houston has invited neighboring cities to view the
unloading of a ship on April 3rd. It will be in the afternoon and the time is to be announced
and confirmed.
17. 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,
DELBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL
MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A
WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION,
DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS)
551.072 (Deliberation regarding real property) Meet with City Manager and
City Attorney to discuss the
purchase, exchange, lease or
value of real property
Council retired to Executive Session at 7:41 p.m. and returned to Regular Meeting
and reconvened at 8:03 p.m.
17. Considerations and possible action on items in executive session.
Mayor Porter announced the Council received report from City Manager and City Attorney
regarding sale and value of real property, provided direction to staff to prepare ordinances
for sale of properties and/or to grant easements, and to continue negotiations.
18. There being no further business to come before Council the Regular Meeting was duly
adjourned at 8:04 p.m.
Respectfully submitted,
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this 7th day of April 2008.
Mayor Alton E. Porter
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 7. 2008
Requested By: R_ Bottoms
Department: Admioistratien
Report: Resolution: Ordinance:
Exhibits: Public Hearing on Heller Annexation
Exhibits:
Exhibits
Budget
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The second public hearing on the Heller Annexation is scheduled for the Special Called Meeting on April 7, 2008.
The service plan is attached.
Action Required by Council:
uncil t conduct second public hearing on the Heller Annexation.
Bottoms, City
01
CITY OF LA PORTE
604 W. Fairmont Parkway, LaPorte, TX 77571
Phone: (281) 471-5020 / Fax (281) 470-5005
www.laportetx.gov
February 13, 2008
Isaac Heller
205 Mill Rd.
Edison, NJ 08837-3801
Re: Notice of Intent to Annex Territories within the City of La Porte's Extra -
Territorial Jurisdiction.
Dear Mr. Heller:
The purpose of this letter is to provide written notice of the City of La Porte, Texas' intent to
annex an area with respect to which you have either an ownership interest, provide services, or
have a railroad right-of-way located thereon. Please be advised that the first of two required
public hearings is scheduled for March 24, 2008, with the second hearing scheduled for April 14,
2008. Both public hearings will take place in the La Porte City Hall Council Chambers, at 6:00
p.m., on the dates indicated. As mandated by Section 43.065 of the Texas Local Government
Code, the service plans to extend municipal services to the area proposed for annexation will be
made available for inspection at the two public hearings.
Pursuant to Section 43.065 of the Texas Local Government Code, the City Council for the City
of La Porte, Texas at their December 17, 2007 meeting adopted Ordinance 2007-3057, which
directed the City of La Porte Planning Department to prepare a service plan to extend municipal
services to an area of land located in the Battleground Industrial District, in preparation for a
declaration of intention to annex the area within the corporate boundaries of the City. According
to information available to the City of La Porte, Texas, the area proposed for annexation
encompasses the following tracts, identified by taxpayer name and Harris County Appraisal
District account number:
1) Isaac Heller - (064-222-000-0021)
2) T vo-Eighteen Texas - (064222-000-0050)
3) Two Zero One-M-Texas - (064-222-000-0045)
4) Ronald J. Tucker - (064-222-000-0042)
2
As required by Subchapter C-1, Section 43.062(b) of the Texas Local Government Code, the
City of La Porte must provide written notice of its intent to annex an area pursuant to Section
43.052(h)(1)of the Texas Local Government Code, before the 30P day before the date of the first
of two public hearings required under Section 43.063 of the Texas Local Government Code.
Questions regarding this issue may be directed to Mr. Clark Askins, Assistant City Attorney for
the City of La Porte, Texas, at 281-471-1886.
10679
City Manager
City of LaPorte, Texas
Consider approval of setting two public hearing dates regarding the annexation of the following
tracts, identified by taxpayer name and Harris County Appraisal District account number:
1) Isaac Heller
(064-222-000-0021)
2) Two -Eighteen —M- Texas
(064-222-000-0050)
3) Two Zero One-M-Texas
(064-222-000-0045)
4) Ronald J. Tucker
(064-222-000-0042)
SERVICE PLAN
FOR PROPOSED ANNEXATION OF FOUR TRACTS OF LAND
COMPRISING 43.2747 ACRES
WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT
I. INTRODUCTION
This service plan ("Plan") is made by the City of La Porte, Texas ("City")
pursuant to Section 43.056, of the Texas Local Government Code ("Code"). This
Plan relates to the annexation by the City of four tracts of land ("Tracts") within
the Battleground Industrial District (Re: Exhibit `B"). These tracts are described
by metes and bounds in Exhibits "A-1 through A-4" which are attached to this
Plan and to the annexation ordinance of which this Plan is a part.
II. TERM; EFFECTIVE DATE
This plan shall be in effect for a term of ten years commencing on the effective
date of the annexation of the Tract. Renewal of this Plan shall be at the discretion
of the City. Such option may be exercised by the adoption of an ordinance by the
City Council which refers to this Plan and specifically renews this Plan for a
specified period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (i) the Early Action
Program and (ii) a Capital Improvement Program, both described below.
B. Scope and Quality of Services. Services under this Plan shall equal or exceed
the number and level of services both in existence in the Tracts prior to the
annexation and are available in other areas of the City with land uses and
population densities similar to those reasonably projected in the newly
annexed Tracts. It is not the intent of this Plan to provide a uniform level of
services to all areas of the City (including the Tracts) where differing
characteristics of topography, land utilization and population density are
considered as sufficient basis for providing differing levels of service.
C. Definitions.
1. As used in this Plan, providing services includes services funded in
whole or in part by City taxation and provided by the City within its
full -purpose boundaries. The City provision of services may be by any
means or methods by which it extends the services to any other area of
the City. This may include causing or allowing private utilities,
governmental entities and other public service organizations to provide
such services, in whole or in part.
2. As used in this Plan, the phrase "standard policies and procedures"
means those policies and procedures of the City applicable to a
particular service which are in effect at the time that the service is
requested or at the time the service is made available or provided and
are in accordance with Title 12, Chapter 395 of the Code.
D. Early Action Program.
1. Statutory Services. The statutory services will be provided to the
Tracts upon the effective date of this Plan, unless otherwise indicated.
The statutory services are as follows:
a. Police Protection. The Police Department of the City will
provide protection and law enforcement to the Tracts.
These activities will include normal patrols and responses,
the handling of complaints and incident reports, and other
usual and customary police services.
b. Fire Protection. The Fire Department of the City will
provide fire protection to the Tracts.
C. Solid Waste Collection. Residential collection services will
be provided by City forces. Non-residential non -hazardous
service will be provided by City contract service provider.
Future residential and non-residential non -hazardous
collection services will be provided in accordance with
standard policies and procedures. Non-residential non-
hazardous will be the responsibility of the property owner
in accordance with State and Federal guidelines.
d. Operation and Maintenance of Water and Wastewater
Facilities. There are no existing City water and wastewater
facilities located in the area proposed for annexation. Any
extensions of utilities as addressed in the Capital
Improvements Program, below, will be provided normal
maintenance services.
e. Maintenance of Public Roads and Streets including
Lighting. The Department of Public Works of the City will
provide maintenance of roads and streets over which the
City will have jurisdiction. Those roads and streets under
jurisdiction of other governmental entities will be
maintained by those entities. The City will provide
services relating to traffic control for roads and streets over
which it has jurisdiction. Maintenance of Public Roads and
streets under the jurisdiction of other governmental entities
2
will be provided by the respective governmental entity.
Existing street lighting for public roads and streets will be
maintained through the services of CenterPoint Energy.
New street lighting for public roads and streets will be
constructed by CenterPoint Energy upon authorization from
the City.
f. Maintenance of Parks, Playgrounds and Swimming Pools.
There are no existing Public Park facilities to be
maintained. Should any such facilities be constructed in
the Tracts in accordance with the Capital Improvements
Program below, the City will provide maintenance services.
g. Maintenance of Any Other Publicly —owned Facility,
Building or Service. There are no other publicly -owned
facilities, buildings or services in the Tract. Should any
such facilities, buildings or services be constructed or
located by the City in the Tract, an appropriate City
department will provide the necessary maintenance
services.
2. Additional Services. Certain services, in addition to the statutory
services, will be provided within the Tract to the same extent they are
provided to similar areas elsewhere in the City. These are as follows:
a. Library services from existing facilities and future facilities
outside the Tract.
b. Health services will continue to be provided by Harris
County.
C. Emergency and ambulance_ services by the City's
Emergency Medical Services division, in accordance with
standard policies and procedures.
d. Enforcement of all City codes and ordinances.
E. Capital Improvements Program. The City will initiate- the construction or
acquisition of capital improvements necessary for providing municipal
services for the Tract. Those improvements which are necessary are
indicated below, and any necessary construction shall begin within two and
one-half (2-1/2) years of the effective date of this Plan, except as otherwise
indicated.
1. Police Protection. Police protection for the Tracts can be provided
using existing facilities. While no improvements are necessary at this
3
time, the Tracts will be included with other territory in connection with
planning for new, revised or expanded police protection.
2. Fire Protection. Fire protection for the Tract can be provided by using
existing facilities and equipment. While no improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded fire protection.
3. Solid Waste Collection. No capital improvements are necessary at this
time to provide solid waste collection to the Tract as described in the
Early Action Program. The Tract will, however, be included with
other territory in planning for new, revised or expanded solid waste
collection service facilities.
4. Water and Wastewater Facilities. Currently there are no water or
wastewater facilities in the area proposed for annexation of which the
City will assume control following annexation. The City proposes the
following means to provide necessary improvements for water and
wastewater services:
a. Domestic water and wastewater service. Currently
domestic water and wastewater are self -provided by the
individual property owners either through wells or by
purchasing water from adjoining property owners. The
City will commence work to extend water and sanitary
sewer lines for domestic services in accordance with
standard utility extension policies and procedures, within
two (2) years. These policies and procedures include the
imposition of utility extension fees in accordance with
Section 395.019 of the Local Government Code. Should a
property owner elect to construct the improvements sooner
than the schedule established in this Plan, the owner may
construct or finance the improvements and the costs
incurred or funds advanced will be credited against the
utility extension fees due from that property owner. As
utility extension fees are collected from other property
owners, these fees may be refunded to the property owner
who constructed or funded the construction of those capital
improvements per City policy guidelines.
b. Industrial Process Water. Currently process water is
provided by on -site wells, water purchased from other
property owners or from water purchased from the Coastal
Industrial Water Authority (CIWA). As the City does not
provide dedicated industrial process water services within
its corporate boundaries, it does not propose to acquire or
rd
construct capital improvements for the provision of
industrial process water services to the area proposed for
annexation.
C. Industrial Process Wastewater. Currently wastewater
service to the Tracts is provided by individual treatment
facilities, treatment by adjoining property owners or by
other private entities. As the City does not provide
dedicated industrial process wastewater services within its
corporate boundaries, it does not propose to acquire or
construct capital improvements for the provision of
industrial process wastewater services to the area proposed
for annexation. However, the discharge of wastewater
resulting from industrial uses is subject to permitting
requirements under the City's Industrial Waste Ordinance,
Chapter 74 of the La Porte Code of Ordinances.
5. Roads and Streets including Lighting. In general, the City maintains
no dominion, control, and jurisdiction in, over and under public roads
and streets serving the Tracts for annexation. Pursuant to Art. 1175,
V.A.T.S., and similar provisions, maintenance of existing roads and
streets serving the tracts is subject to the jurisdiction of other
governmental entities. Additional roads, streets or related facilities are
not necessary at this time to serve the Tracts. Future extensions of
roads or streets and future installation of related facilities such as
traffic control devices or street lights will be governed by standard
policies and procedures. The Tracts will be included with other
territory in connection with planning for new, revised, widened or
enlarged roads, streets or related facilities.
6. Parks, Playgrounds and Swimming Pools. These services can be
provided by using existing facilities. While no additional capital
improvements are necessary at this time, the Tract will be included
with other territory in connection with planning for new, revised or
expanded parks, playgrounds or swimming pools.
7. Other Publicly Owned Facilities Buildings or Services; Additional
Services. In general, other City functions and services, and the
additional services described above, can be provided to the Tract using
existing facilities. While no additional capital improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded services,
facilities and functions, including the additional services described
above.
5
IV. AMENDMENT; GOVERNING LAW
This Plan may not be amended or repealed except as provided by the Code or
other controlling law. Neither changes in the methods or means of implementing
any part of the service programs nor changes in the responsibilities of the various
departments of the City shall constitute amendments to this Plan, and the City
reserves the right to make such changes. This Plan is subject to, and shall be
interpreted in accordance with the Code, the Constitution and laws of the United
States of America and the State of Texas, and the orders, rules and regulations of
governmental bodies and officers having jurisdiction.
V. FORCE MAJEURE
Should a force majeure interrupt the services described herein, the City shall
resume services under this Plan within a reasonable time after the cessation of the
force majeure. "Fore majeure", for the purposes of this Plan, shall include, but
not be limited to, acts of God, acts of the public enemy, war, blockade,
insurrection, riots, epidemics, landslides, lighting, earthquakes, fires, storms,
floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of
government, explosions, collisions and any other inability of the City, whether
similar to those enumerated or otherwise, which is not in control of the City.
VI. ENTIRE PLAN
This document contains the entire and integrated service plan relating to the Tract
and supersedes all other negotiations, representations plans and agreements,
whether written or oral.
R
FARMIT "A-1"
VW EXHIBIT A 06. 514= +7-302 6
To Deed from Isaac Heller, Gary Alper, Ronald Roberts,
Kenneth Volk, Joseph -Shachat and Steven Kaufman to
Two Zero One -M- Texas, a New Jersey partnership.
Oated ,f�s"- ='�ci i L 11986
Being a 9.4$3 Were tract of Isad out of that cartaio M C558 acre tract
of land which is out of Lot It. !. A. Stasshen Subdivision is the Lnoch
7rinson Survey. A-3. 1larcle Count7. Taxes. The 1.9.45.8 acre tract of land
Sx chat certain tract conve7ed b7 Selected Lnds. Ltd. 19 to Isaac Haller
on Augast 18. 1981 as recorded undar Barris Count7 Clait's 711a Mumber 8-
IOZO03 The 9.455 acre trait is pore particularly described by setts and
bounds as follows;
Degi—nag at a Railroad tie bolt see for the MOrthwsst corner of this
9.435 acrs tract: said point is also the Northwest corner of the afore entioaed
29.4558 acre tract.
Thence. M 88' Is' 08" E; coincident vich ti+e Notth boundary lime of
ihe'19.4538 acre tract; passing at 1.040.53,f act the proposed West gas ent
11ne of that eert.ain ear o ent show under Lis 7endens as recorded under
Barris Count7 Cleric's Film Coda 192-36-1789; for a total distanct of 1.073.50'
feet to a 518 inch carriage bolt set for the Northeast corner of this 9.455
acrs tract.
Thence. S 11 41' 52" E; a distance of 430.00 feet to a 5/8 Sneh iron
rod set for the Southeast corner of tbls tr4cc.
Tbence. S 881 Ia' 08" H; coincident. vich the South boundary line of
the 19.4559 acre tract and the South boundary line of Lot 11 Of the F, A.
Staashm SEbdivlsioS; passing at. 89.14 feet the Hest caseaent line of the
ens oast shown under Lis Pendens; for a total distance of 712.16 fact to
• eoeczers mom ent found for the Southwest corner of this tract.
Thence, a fi209' 35" H; coincident. vich the Northerly right-of-way
alas of State BSgb,a7 223; a distanca of 177.72 feet to a concrete monument
fouad for earner.
Thence, continuing coincident with the Nor therl7.right-Of-vay line
of State 8igbway 225; following a aontangent curve to the right; said curve
i.eving a radius of 341.97 feet and a central angla of 41--50' 00' : and
are distaste of 249.68 feet to a 5/8 inch iron rod found for corner.
Thence. H 20' 22' 04" V; coincident"with the Northerly-right-ef-way
Sine of State Highvay 225; a distance of 162.79 feet to the POINT OF BEGINNING.
-- ® T-V
EXHIBIT "A-2"
515=68=1444
Being a 10.004 acre (435.790 sq.ft.) tract comprising part of that certain
19.4558 acre tract conveyed by Selected Lands, Ltd, #9 to Isaac Heller on
August 18. 1981 (Harris County Clarks File No. H 106003), in Lot 11.
F.A. Staashan Subdivision, Enoch Brinson Survey, A-5, Harris County, Texas,
The 10.004 acre.tract as surveyed by H. Carlos Smith, Engineers & Surveyors,
Inc., on May 11, 1989. is more particularly described by metes and bounds
description as follows:
Commencing at a railroad tie bolt sat for the Northwest corner of the
aforementioned 19.4558 acre tract.
Thence, North 88 degrees 18 minutes 08 seconds East; coincident with the
North boundary line of the 19.4558 acre tract;'& distance of 1,073.50 feet to
a railroad tie bolt sat (5/84) for the Nortis;"t.corner* of this 10.004 acre
tract and the POINT OF BEGINNING.
Thence. North 68 degrees 18 minutes 08 saaonds East;'coincidant with the
North boundary line of the 19.4558 acre tract; passing at 82.83 feet the East
line of that certain Coastal Industrial Water Authority easement
recorded uridar Harris County Clerk's Film Code Number 041-78-2179; for a total
distance of 1,013.34 fast to a 5/8 inch iron rod found for the Northeast
corner of this tract.
Thence. South 1 degree 43 minutes 52 seconds East; coincident with thn
East boundary line of the 19.4558 acre tract; a distance of 430.00 feet to a
5/8 inch iron rod found for the Southeast corner.
Thence. South 88 degrees 18 minutes 08 seconds West; coincident with the
South boundary line of the 19.4558 acre tract which is also the South boundary
line of Lot 11, of the F.A. Staashen Subdivision; passing at 982.04 fact a
5/8 inch iron rod set (5/84) coincident with the East line of said
Coastal Industrial Water Authority easement for a total distance of
1,013.59 feat to a 5/8 inch iron iod (Set 5/84) for the Southwest corner of
this tract.
Thence, North 1 degree 41 minutes 52 seconds Vase a distance of 430.00
feet to the POINT OF BEGINNING.
EXHIBIT A RMRMTMEMORANDUM l/ _
4T 7Mt"fit OF RUORaArioK T1fa
AS FOUNV TO BE IMADEQUj
�MRpTOGN�PMt AEMOaI/GT� IX
AIWA-OFr
OTCCWY. of SGOuwmCM
M
EXHIBIT "A-3"
RICHM"A.'s 5 ! 2=20=06?8
Au that aar"M tmat or � parcel or lmi 4 in �cih CQWIx Texos
out CC tha IW,) t JatINSUS BUVRT A -Si beiW�.a pof+Lloa or i�Ws a k
CUNL�t D 604M acre tract lYrontlna S9611 !Z'T. oa S► m IMMA
223 H WSMX-Lit PUTS 4=1 and wre fuUT described bl sates and
bwafts as ftnaimv I.
Im m R 5/0 iron sod Ott on tbs Sartber, ri�e•otix�
lirw os i WWAX 22S (as ssm is sow
xi�btt3b6 it bi 3at metlan with the Aias a! a .
aotn trsob 4dam--bed in WU d MW M. iiY81t I
To J. Jo COP,n MUM at ern dated 6-L3-9 oW rroat��daed iq' 2Una
293) at Paso 246 at thb Baed Records o= Norris Cm=rs`Teams;
Tmoz 6 s' woo Idth Wo ?brtbsr risht-of-way 11jo
or said TJlTt; Rz CAT err; a2Aot forth • or a traab ds
cribod in 'rIgh-aT•t�+o� used 11�oe QJ�! V. COMANDa 0.6 ae'a.
to the SirATd OF T$XAd dated 5=5 gt'dnd let Tabs 72
at UP— 199 or ,the Osod Records or Cou�tT Tax ��.56
zt. to its utsr"Cuou +with the Yorbh ai a�1d J. W. VI)FE I)
•6.¢20� aor*sp where a 4-Ameb cote ri*b-9t uag turinr is favad
for comer;.
TK"ItCZSo 8r49f3gx Eact with the. North Ilas of said J. U.
00ftgwk awes and Sanh llae;, mC h �Q:Z� aety Cstitct uox
or forserrlT 1, m d by, D. A. CALA OU.'sa a1 • to a*�r i
not 121 domacr is roc Soft +aasG oaraar or sold J. V. CaftwA1.49%
acre__p�8 Nortbeast ouner of this ttaat d Nortbxsst Owner of R
iat6ba used ram oom. del rolyp�tl • +s� rb lit OVUM accord-
Records of Naxria Co=tT. T4=mj
TO-2019 Spath W*30112m hest with Cite dlvid lints betikeon J. W.
CW"D 6.4204 scree aaci W. P.VW= WM1r 2 .61 aft -so 283.76 ft,
to the MCS OF BC(09=Ov 6044ains 1.9217 acres of :.=A.
EXHIBIT 66A-4"
(Pg. 1 of 2)
158-02-252I
METES AND ROUNDS DESCRIPTION
Being a 21.894 acre (953,714 sq.ft.) tract comprising the
residue of that certain Selected Lands, LTD. No.9 56.84 acre
tract (Harris County Clerk's File No. D 753126) and being part of
Lot 11, F. A. Staashen Subdivision (Volume 1, Page 22, Harris
County Map Records), Enoch Brinson, Survey, A-5, Harris County,
Texas. The 21.894 acre tract as surveyed by H. Carlos Smith,
Engineers & Surveyors, Inc., on August 5 thru 11, 1989, is more
particularly described by metes and bounds as follows:
Beginning at a Railroad tie bolt with punch mark found on
the North right-of-way line of State Highway No. 225 marking the
Northwest corne3e of that certain 19.4558 acre tract conveyed to
Issac Heller by Selected Lands LTD. No.9 (Harris County Clerk's
File No. H. 106003).
Thence, North 20 degrees 22 minutes 04 seconds West;
coincident with the North right-of-way line of State Highway No.
225 and the West boundary lire of said 56.84 acre tract-; a
distance of 269.66 feet (Call 269.54 feet) to a 5/8 inch iron rod
set for corner and from which a 5/8 inch iron rod found for a
point of curve bears North 20 degrees 22 minutes 04 seconds West-
17.94 feet.
Thence, North 6B degrees 14 minutes 08 seconds East;
coincident with the South boundary line of that certain 8.672
acre tract conveyed to Windsor Properties, Inc., by Selected
Lands, LTD. No.9 (Harris County Clerk's File No.H 068784); a
distance of 800.72 feet to a 5/8 inch iron rod found for corner.
Thence, North 88 degrees 13 minut-.s 02 seconds East;
coincident with the South boundary line of that certain 4.836
acre tract conveyed to Highway Pipeline Trucking Company by
Selected Lands.LTD No. 9 (Harris County Clerk's File No. M
063169); a distance of 200.00 feet to a 5/8 inch iron rod found
for corner.
Thence, North 1 degree 45 minutes 17 seconds West;
coincident with the East boundary line of said 4.836 acre tract;
a distance of 349.90 feet to a 5/6 inch iron rod found for
corner.
Thence, North 88 degrees 14 minutes 08 seconds East;
coincident with the South boundary line of said 4,836 acre tract;
passing at 190.43 feet a 5/8 inch iron rod set on the West right-
of-way line of that certain Coastal. Industrial Water Authority
permanent waterline easement (Harris County Clerk's File No.'s K
460191 and K 460192); passing at 314.70 feet a 5/8 inch iron- rod
set on the East right-of-way Zing of said C.I.W.A. easement; for
a total distance of 1074.75 feet to a 5/8 inch iron rod set for
corner.
EXHIBIT "A"
Page 1 of 2
10
EXHIBIT "A-4"
(Pg. 2 of 2)
11
158-o2-2522
Thence, South 56 degrees 03 minutes 55 seconds East (Call
South 56 degrees 04 minutes 45 seconds East); coincident with the
Sout)L boundary line of said 4.836 acre tract; a distance of
120.10 feet (Call 120.00 feet) to a 5/8 inch iron rod found for
corner and from which a 5/8 inch iron rod found for the Northeast
corner of said 56.84 acre tract bears North 1 degree 44 minutes
45 seconds West-170.00 feet.
Thence,, South 1 degree 44 minutes 45 seconds East (Call
South 1 degree 43 minutes 52 seconds East) coincident with the
East boundary line of said 56.84 acre tract and the West right-of-
way ]ine of that certain Houston Lighting and Power 120 foot fee
strip (Volume 4778, Page 492, Harris County Deed Records); a
distance of 537.87 feet to a 5/8 inch iron rod found for corner.
Thence, South 88 degrees 18 minutes 08 seconds West
(REFERENCE BEARING); coincident with the North boundary line of
said 19.4558 acr6 tract; passing at 930.41 feet a 1/4 inch spike
found 0.06 feet South; passing at 930.51 feet a 5/8 inch carriage
bolt found on the East right-of-way line of said C.I.W.A.
easement; passing at 1013.34 feet a railroad tie bolt; passing at
1039.64 feet a 5/8 inch carriage bolt; passing at 1046.31 feet
the West right-of-way line of said C.I.W.A. easement and from
which a 1/4 inch spike was found disturbed 0.04 feet South; for a
total distance of 2086.84 feet (Call 2086.49 feet) to the POINT
OF BEGINNING.
KEVIN A. OLSON
TEXAS REGISTERED
DATE: AUGUST 11,
JOB NO: 2.353-89
PUBLIC SURVEYOR NO. 4524
1989
EXHIBIT "A"
Paget of 2
E OF p�
r
...............
..KMN & OLSON
.............
s%.. 4524
12
INN EXHIBIT
"Syl
az--
;7v
[-S-U,BJEC'T TRA C TS
t
13
SERVICE PLAN COST ESTIMATE
For Annexations
WATER SERVICE:
• 1,128 L.F. of 8" Waterline @ $25/L.F.: $28,200
• 4 Fire Hydrant Assemblies @ $3,750/Ea.: $15,000
• Contingencies (20%): $8,640
Total Water Service: $52,000
SANITARY SEWER SERVICE:
• 700 L.F. of 8" Sanitary Sewer @ $25/L.F.: $7,500
• 2 — Manholes @ $1,800/Ea.: $3,600
• 820 L.F. of 6" Force Main @ $23/L.F.: $18,860
• 1 Lift Station: $195,000
• Contingencies (20%): $46,992
Total Sanitary Sewer Service $282,000
Total Water & Sanitary Sewer Costs: $334,000
Page 1 of 2
Joerns, John
From: Joerns, John
Sent: Wednesday, November 14, 2007 4:35 PM
To: 'Frederick Kurtz'
Cc: Sabo; Wayne; Powell, Kathy
Subject: RE: IDA's and our conversations
Yes if you are under the section for annexation info-- those are one time charges —there may be some tap
fees/plumbing permits etc.
Then the usage charges are same as regular city customer.
John
From: Frederick Kurtz [mailto:FHKurtz@hellerpark.com]
Sent: Wednesday, November 14, 2007 4:21 PM
To: Joerns, John
Subject: RE: IDA's and our conversations
John:
Your estimate for water and sewer charges based on property size total $86,757 between 218M, 201 M and
Heller. Is this an annual or one-time charge?
a
.i a fer riul Fasts, I
Frederick H. Kurtz, VP / PM
Home Office: (732) 287-4880
Texas Office: (972) 642-8871
From: Joerns, John [mailto:JoernsJ@laportetx.gov]
Sent: Wednesday, November 14, 2007 4:32 PM
To: Frederick Kurtz
Cc: Powell, Kathy; Sabo, Wayne; Dolby, Michael
Subject: IDA's and our conversations
Fred
Have tried to summarize your questions with some estimates I believe were generated this summer and
maybe some updates.
This is a view from 30,000 feet —with rough estimates —certainly does not take into account any
complexities that might be encountered within your sites.
If annexation occurs
-all city codes and ordinances become applicable
-service plan will note provision of short and long term services-1 will have to follow up on the draft
service plan.
-when city services are within 200'—company must tie on
-company pays water and sewer charges based on property size and shape --estimates
12/12/2007
Page 2 of 2
-Heller—$5,206 water and $12,051 sewer
-two zero one-$10,484.30 water and $24,266 sewer
-218 M—roughly the same as two zero one
The water and sewer fees can be used for extension of utilities to city standards
all costs internal to the site are responsibility of Company -water and sewer rates same as in city
customer
pay 100% of taxes —see separate sheet.
If enter into IDA
-payments for taxes at 62% for years 1-6 and 63% for 7-12-see agreement for other provisions on base
values etc.
To get water or sewer if outside city -must have IDA with City of La Porte -pay administrative fee for each
company -dependent on number of employees (see policy from your earlier inquiries).AII other expenses
also by company
Extend line thru property frontage -Water estimate $55,000 along SH225 for Heller and two zero one.
For two eighteen —don't have an estimate —a lot would have to do with the path to get there and length
For sewer—$225,000 as a lift station is required —still dependent on other internal costs for the three
companies —lift sta would be private —not a city facility and may have to route thru Dana as there line and
lift station is private would require coordination and approval by city and Dana
The sewer is very rough estimate as there are a lot of unknowns
Costs internal to site are by company
Water and sewer rates land 1/2 times that of in city customer
Also, can secure EMS service thru a separate contract--$19.50 per employee for this FY
am copying Ms. Powell and Mr. Sabo -so they can offer any corrections if needed.
Will work on copy of draft service plan for you
John
12/12/2007
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 7, 2008
Requested By: Ron Bottoms
Department: Administration
Report: Resolution: Ordinance:
Exhibits: CenterPoint Suspension Resolutions
Exhibits:
Exhibits
Budeet
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
CenterPoint Energy Gas has filed an application with cities retaining original jurisdiction
over rates and services to increase rates within their Texas Coast Division by $7.36 million. The
Company's application was filed with the City on March 6, 2008.
Purpose of the Resolution(s):
The resolution suspends the effective date of the Company's rate increase for the
maximum period permitted by law to allow the City time to evaluate the filing, determine
whether the filing complies with law, and if lawful, to determine what further strategy, including
settlement, to pursue.
The law provides that a rate request made by a natural gas utility cannot become effective
until 35 days following the filing of the application to change rates. The law permits the City to
suspend the effective date for 90 days. If the City does not take action to suspend the filing,
CenterPoint may begin charging increased rates after April 10, 2008. According to
CenterPoint, annual rates would increase by approximately $42 for residential customers.
Thomas Brocato, an attorney with Lloyd Gosselink representing the Coalition, will be in
attendance at Monday night's meeting to explain the benefits of joining the Coalition and to
answer any questions or concerns that you might have.
Two resolutions are attached. One includes participating with the coalition of cities now
known as Gulf Coast Coalition of Cities (GCCC) and is identical to the resolution that was
presented at our last meeting. The second resolution takes out any reference to joining the
coalition of cities and strictly deals with suspending the rate increase.
Action Required by Council:
Council approve a resolution suspending CenterPoint's rate increase and elect whether or not to
join the Gulf Coast Coalition of Cities (GCCC).
(Approve 4for tv Co ici A enda
� � o�
Ron Bottoms, anager Date
'r1 '.s op-Notj- no-F- R-PO4 e1
RESOLUTION NO. —
RESOLUTION OF THE CITY OF LA PORTE
SUSPENDING THE APRIL 10, 2008, EFFECTIVE DATE OF
CENTERPOINT ENERGY RESOURCES CORP., DB/A
CENTERPOINT ENERGY ENTEX AND CENTERPOINT
ENERGY TEXAS GAS (CENTERPOINT) REQUESTED
RATE CHANGE TO PERMIT THE CITY TIME TO STUDY
THE REQUEST AND TO ESTABLISH REASONABLE
RATES; APPROVING COOPERATION WITH THE GULF
COAST COALITION OF CITIES AND OTHER CITIES IN
THE CENTERPOINT AREA TO HIRE LEGAL AND
CONSULTING SERVICES AND TO NEGOTIATE WITH
THE COMPANY AND DIRECT ANY NECESSARY
LITIGATION AND APPEALS; RATIFYING THE
SELECTION OF LLOYD GOSSELINK AS LEGAL
COUNSEL; REQUIRING REIMBURSEMENT OF CITIES'
RATE CASE EXPENSES; FINDING THAT THE MEETING
AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO
THE PUBLIC AS REQUIRED BY LAW; REQUIRING
NOTICE OF THIS RESOLUTION TO THE COMPANY
AND LEGAL COUNSEL
WHEREAS, on or about March 6, 2008, CenterPoint Energy Resources Corp., d/b/a
CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company"),
pursuant to Gas Utility Regulatory Act § 104.102 filed with the City of La Porte a Statement of
Intent to change gas rates in all municipalities exercising original jurisdiction within its Texas
Coast Division service area effective April 10, 2008; and
WHEREAS, it is reasonable for the City of La Porte to maintain its involvement in the
Gulf Coast Coalition of Cities ("GCCC") and to cooperate with the other similarly situated city
members in conducting a review of the Company's application and to hire and direct legal
counsel and consultants and to prepare a common response and to negotiate with the Company
and direct any necessary litigation; and
WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory authorities
the right to suspend the effective date of proposed rate changes for ninety (90) days; and
WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that reasonable costs
incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility; and
WHEREAS, on or about March 6, 2008 simultaneous with the filing with the City,
CenterPoint filed a Statement of Intent to change gas rates for the Texas Coast environs with the
Railroad Commission of Texas referred to as Gas Utility Docket ("GUD") No. 9791.
-t-h j. S yy
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
1. That the April 10, 2008, effective date of the rate request submitted by
CenterPoint on or about Mach 6, 2008, be suspended for the maximum period allowed by law to
permit adequate time to review the proposed changes and to establish reasonable rates.
2. That the City is authorized to cooperate with GCCC and its member cities in the
Texas Coast Division service area to hire and direct legal counsel and consultants, negotiate with
the Company, make recommendations to the City regarding reasonable rates and to direct any
necessary administrative proceedings or court litigation associated with an appeal of a rate
ordinance and the rate case filed with the City or Railroad Commission.
3. That the selection of the law firm of Lloyd Gosselink to represent the GCCC and
its members in this matter is ratified.
4. That the City is authorized to intervene and paticipate in GUD No. 9791,
Statement of Intent of CenterPoint Energy Resources Corp. D/B/A CenterPoint Energy Entex
and CenterPoint Energy Texas Gas to Increase Rates in the Unincorporated Areas of
CenterPoint's Texas Coast Division, in order to protect the interests of the City.
5. That the City's reasonable rate case expenses shall be reimbursed by CenterPoint.
6. That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
7. A copy of this Resolution shall be sent to CenterPoint, care of Denise Hardcastle,
Director of Regulatory Activities and Compliance, CenterPoint Energy, P.O. Box 2628,
Houston, Texas 77252-2528 and to Thomas Brocato, at Lloyd Gosselink, P.C., 816 Congress,
Avenue, Suite 1900, Austin, Texas 78701.
ATTEST:
Alton Porter
Mayor, City of La Porte
City Attonney
2
RESOLUTION NO. 2008-C_
RESOLUTION OF THE CITY OF LA PORTE, TEXAS SUSPENDING
THE APRIL 10, 2008, EFFECTIVE DATE OF CENTERPOINT
ENERGY RESOURCES CORP., DB/A CENTERPOINT ENERGY
ENTEX AND CENTERPOINT ENERGY TEXAS GAS
(CENTERPOINT) REQUESTED RATE CHANGE TO PERMIT THE
CITY OF LA PORTE TIME TO STUDY THE REQUEST AND TO
ESTABLISH REASONABLE RATES; REQUIRING
REIMBURSEMENT OF LA PORTE'S RATE CASE EXPENSES;
FINDING THAT THE MEETING AT WHICH THIS RESOLUTION
IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;
REQUIRING NOTICE OF THIS RESOLUTION TO CENTERPOINT
WHEREAS, on or about March 6, 2008, CenterPoint Energy Resources Corp., d/b/a
CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company"),
pursuant to Gas Utility Regulatory Act § 104.102 filed with the City of La Porte, Texas a
Statement of Intent to change gas rates in all municipalities exercising original jurisdiction
within its Texas Coast Division service area effective April 10, 2008; and
WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory authorities
the right to suspend the effective date of proposed rate changes for ninety (90) days; and
WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that reasonable costs
incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility; and
WHEREAS, on or about March 6, 2008 simultaneous with the filing with the City,
CenterPoint filed a Statement of Intent to change gas rates for the Texas Coast environs with the
Railroad Commission of Texas referred to as Gas Utility Docket ("GUD") No. 9791.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
1. That the April 10, 2008, effective date of the rate request submitted by
CenterPoint on or about Mach 6, 2008, be suspended for the maximum period allowed by law to
permit adequate time to review the proposed changes and to establish reasonable rates.
2. That the City is authorized to intervene and paticipate in GUD No. 9791,
Statement of Intent of CenterPoint Energy Resources Corp. D/B/A CenterPoint Energy Entex
and CenterPoint Energy Texas Gas to Increase Rates in the Unincorporated Areas of
CenterPoint's Texas Coast Division, in order to protect the interests of the City.
3. That the City's reasonable rate case expenses shall be reimbursed by CenterPoint.
4. That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
5. A copy of this Resolution shall be sent to CenterPoint, care of Denise Hardcastle,
Director of Regulatory Activities and Compliance, CenterPoint Energy, P.O. Box 2628,
Houston, Texas 77252-2528.
Alton E. Porter
Mayor, City of LaPorte, Texas
ATTEST:
u R 'IMoniml
City Secretary
C T. Askins
Assistant City Attorney
2
0
RFOTTF4T FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Requested By:
Department: Emergency Management
Report: Resolution: Ordinance: X
Exhibits: Original Ordinance
Exhibits: New Amended Ordinance
Budget
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Exhibits: Original Ordinance showing strike troughs' and additions
SUMMARY & RECOMMENDATION
Ordinance 1489 — A, if approved by Council, will bring the current emergency management ordinance to current
State and County standards. The original ordinance was created in 1986. Changes to Texas Government Code 418 in
the 80'i' legislature have required this ordinance to be updated.
of ordinance 1498 - A
Manager
Date
Ordinance No. 1498-A
AN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE
EMERGENCY MANAGEMENT AS REQUIRED BY TEXAS GOVERNMENT
CODE CHAPTER 418, PROVIDING FOR DISASTER MITIGATION,
PREPAREDNESS, RESPONSE, AND RECOVERY; PROVIDING FOR
HOMELAND SECURITY; ACKNOWLEDGING THE OFFICE OF
EMERGENCY MANAGEMENT; AUTHORIZING THE MAYOR TO ACT AS
THE EMERGENCY MANAGEMENT DIRECTOR AND PROVIDING THE
DUTIES AND RESPONSIBILITIES OF THE POSITION; IDENTIFYING AN
OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO
COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH
THREATEN LIFE AND PROPERTY IN THE CITY OF LA PORTE;
AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR
RELIEF WORK BETWEEN THE CITY OF LA PORTE AND OTHER CITIES
OR COUNTIES AND FOR WORK RELATED PURPOSES; PROHIBITING
UNAUTHORIZED TAMPERING OR USE OF WARNING SYSTEMS; AND
MAKING VIOLATIONS A MISDEDMEANOR PUNISHABLE BY FINE NOT TO
EXCEED $1,000, AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; CONTAINING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE;
WHEREAS, The City Council of the City of La Porte finds that the identification of
potential hazards and the prevention or mitigation of their effects must be an on -going
concern of the City if lives and property of the populace are to be protected; and
WHEREAS, The City Council hereby declares that the preparation of a plan, and the
means for its implementation, for the protection of lives and property in the City of La
Porte from natural or man -caused disasters or threat thereof is immediately essential; and
WHEREAS, the City Council further finds that in times of disasters which may imperil
the safety of the inhabitants of the City, or their property, it becomes necessary to
effectuate and place into operation the preconceived plans and preparations with a
minimum of delay; and
WHEREAS, the City council finds, therefore, that the preparation, adoption and the
implementation of such plans are imperative;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. There exists the Office of Emergency Management for the City of La Porte, of
which the Mayor shall be the authorized Director, in accordance with State law. In the
case of the absence or incapacity of the Mayor, the Mayor Pro Tern shall serve as
Director of the Office of Emergency Management. In the absence or incapacity of the
Mayor Pro Tern the City Manager will serve as Director.
A) The Emergency Management Director shall designate the person
employed as the City Emergency Management Coordinator to serve as an
assistant to the Emergency Management Director for emergency
management purposes, as allowed by Texas Government Code Section
418.1015. However, for all purposes the Emergency Management
Coordinator shall remain an employee of the City subject to the authority
of the City Manager, under the La Porte City Charter.
B) The Director shall be responsible for conducting a program of
comprehensive emergency management within the city and for carrying
out the duties and responsibilities set forth in Section 3 of this ordinance.
He may delegate authority for execution of these duties to the Coordinator,
but ultimate responsibility for such execution shall remain with the
Director.
Section 2. The powers and duties of the Director shall include an on -going survey of
actual or potential major hazards which threaten life and property within the city; and an
on -going program of identifying and requiring or recommending the implementation of
measures which would tend to prevent the occurrence or reduce the impact of such
hazards if a disaster did occur. As part of his responsibility in hazard mitigation, the
Director shall supervise the development of an emergency management plan for the City
of La Porte, and shall recommend the plan for adoption by the City Council along with
any and all mutual aid plans and agreements which are deemed essential for the
implementation of such emergency management plan. The powers of the Director shall
include the authority to declare a state of disaster, but such action duties of the Director
shall also include the causing of a survey of the availability of existing personnel,
equipment, supplies, and services which could be used during a disaster, as provided for
herein, as well as a continuing study of the need for amendments and improvements in
the emergency management plan.
Section 3. The duties and responsibilities of the Emergency Management Director, to be
executed both through personal actions and through the delegation of tasks, shall include
the following:
A) The direction and control of the actual disaster operations of the La
Porte Office of Emergency Management as well as the training of the
Emergency Management personnel.
B) The determination of all questions of authority and responsibilities that
may arise within the emergency management organization of the city.
C) The maintenance of necessary liaison with other municipal, county,
district, state, regional, federal, or other Emergency Management
organizations.
D) The marshaling, after declaration of a disaster as provided for above, of
all necessary personnel, equipment, or supplies from any department of
the City which may aid in carrying out the provisions of the emergency
management plan.
E) The issuance of all necessary proclamations as to the assistance of a
disaster and the immediate operational effectiveness of the City of La
Porte emergency management plan.
F) The issuance of reasonable rules, regulations or directives which are
necessary to the protection of life and property in the City of La Porte.
Such rules and regulations shall be filed in the office of the city Secretary
and shall receive widespread publicity unless publicity would be to the
detriment of the public.
G) The supervision of the drafting and execution of mutual aid
agreements, in cooperation with the representatives of the state and of
other local political subdivisions of the state, and the drafting and
execution, if deemed desirable, of an agreement with the county in which
said city is located and with other municipalities within the county, for the
county -wide coordination of emergency management efforts.
H) The supervision of, the final authorization for the procurement of all
necessary supplies and equipment, including acceptance of private
contributions which may be offered for the purpose of improving
Emergency Management within the City.
I) The authorizing of agreements, after approval by the City Attorney, for
use of private property for public shelter and other purposes.
Section 4. The Office of Emergency Management of the City of La Porte shall consist of
the officers and employees of the city so designated by the Director in the emergency
management plan, as well as all organized volunteer groups. The functions and duties of
this organization shall be distributed among such officers and employees in accordance
with the terms of the emergency management plan. Such plan shall set forth the form of
the organization, establish and designate divisions and functions, assign tasks, duties and
powers, and designate officers and employees to carry out the provisions of this
ordinance. Insofar as possible, the form of organization, titles and terminology shall
conform to the recommendations of the Governor's Division of Emergency Management
of the State of Texas and of the Federal Government.
Section 5. Any unauthorized person who shall operate a siren or other notification system
so as to stimulate a warning signal, the false notification of a warning, or the termination
of a warning, shall be deemed guilty of a violation of this ordinance and shall be subject
to the penalties imposed by this ordinance.
Section 6. At all times when the orders, rules, and regulations made and promulgated
pursuant to this ordinance shall be in effect, they shall supersede and override all existing
ordinances, orders, rules, and regulations insofar as the latter may be inconsistent
therewith.
Section 7. This ordinance shall not be construed so as to conflict with any State or federal
statute or with any military or naval order, rule, or regulation.
Section 8. This ordinance is an exercise by the City of its governmental functions for the
protection of the public peace, health, and safety and neither the City of La Porte, the
agents and representatives of said City, not any individual, receiver, firm, partnership,
corporation, association, or trustee, nor any of the agents thereof, in good faith carrying
out, complying with or attempting to comply with, any order, rule, or regulation
promulgated pursuant to the provisions of this ordinance or State laws, regulations, or
orders shall be liable for any damages sustained to persons as the result of said activity.
Any person owning or controlling real estate or other premises who voluntarily and
without compensation grants to the City of La Porte a license of privilege, or otherwise
permits the city to inspect, designate and use the whole or any part or parts of such real
estate or premises for the purpose of sheltering persons during an actual, or impending
emergency situation shall, together with his successors in interest, if any, not be civilly
liable for the death of, or injury to, any person on or about such real estate or premises
under such license, privilege or other permission or for loss of, or damages to, the
property of such person.
Section 9. In the case of a declared emergency or disaster, the Director and any city
officials or employees acting under the authority of the Director shall not be subject to a
prohibition on expenditure of public funds without prior approval from City Council, to
the extent any such expenditures are sourced from qualifying contingency fund accounts,
or other city accounts as necessary, not inconsistent with State law or the La Porte City
Charter.
Section 10. It shall be unlawful for any person willfully to obstruct, hinder, or delay any
member of the Emergency Management organization in the enforcement of any rule or
regulation issued pursuant to the authority contained in this ordinance. It shall likewise be
unlawful for any person to wear, carry or display any emblem, insignia or any other
means of identification as a member of the Emergency Management organization of the
City of La Porte, unless authority to do so has been granted to such person by the proper
officials. Convictions for violations of the provisions of this ordinance shall be
punishable by fine not to exceed $1,000.
Section 11. Each employee or any individual that is assigned a function or responsibility
shall solemnly swear or affirm to support and defend the Constitution of the United
States, laws of the State of Texas and Ordinances of the City of LaPorte.
Section 12. If a portion of this ordinance shall, for any reason, be declared invalid, such
invalidity shall not affect the remaining provisions thereof.
Section 13. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
Section 14. 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 15. This Ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice to the passage of the ordinance by causing
the caption to be published in the official newspaper of the City of La Porte at least twice
within ten (10) days after the passage of the ordinance.
PASSED AND APPROVED, this / " day of , 2008.
CITY OF LA PORTE
r�
By:
Alton E. Porter
Mayor
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
,�
Clark T. Askins
Assistant City Attorney
ORDINANCE NO. /# q9
AN ORDINANCE ESTABLISHING A PROGRAM OF
COMPREHENSIVE EMERGENCY MANAGEMENT WHICH INCLUDES
THE MITIGATION,PREPAREDNESS RESPONSE AND RECOVERY
PHASES OF CIVIL PREPAREDNESS; ACKNOWLEDGING THE
OFFICE OF EMERGENCY MANAGEMENT DIRECTOR;
AUTHORIZING THE APPOINTMENT OF AN EMERGENCY
MANAGEMENT COORDINATOR; AND PROVIDING THE DUTIES
AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING
AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY
POWERS TO COPE WITH ALL PHASES OF EMERGENCY
MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE
CITY OF LA PORTE; AUTHORIZING COOPERATIVE AND
MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS
AND OTHER CITIES OR COUNTIES AND FOR RELATED
PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND
ALL -CLEAR SIGNALS AND MAKING VIOLATIONS A
MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED
$1000.00.
WHEREAS,the City Council of the City of La Porte finds that
the identification of potential hazards and the prevention or
mitigation of their effects must be an on -going concern of the
City if lives and property of the populace are to be protected;
and
WHEREAS, The City Council hereby declares that the
preparation of a plan, and the means for its implementation, for
the protection of lives and property in the City of La Porte from
natural or man -caused disasters or threat thereof is immediately
essential; and
WHEREAS, the City Council further finds that in times of
disasters which may imperial the safety of the inhabitants of the
City, or their property, it becomes necessary to effectuate and
place into operation the preconceived plans and preparations with
a minimum of delay; and
WHEREAS,.. the City Council finds, therefore, that the
preparatin, adoption, and implementation of such plans are
imperative; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. There exists the office of Emergency
Management Director fo the CIty of La Porte, which shall be held
by the mayor in accordance with state law.
(a) An Emergency Management Coordinator may be
appointed by and serve at the pleasure of the Director;
(b) The director shall be responsible for conducting. a
program of comprehensive emergency management within the city and
for carrying out the duties and responsibilities set forth in
Section 4 of this ordinance. He may delegate authority for
execution of these duties to the Coordinator, but ultimate
responsibility for such execution shall remain with the Director.
Section 2. The powers and duties of the Director shall
include an on -going survey of actual or potential major hazards
which threaten life and property within the city; and an on -going
program of identifying and requiring or recommending the
implementation of measures which would tend to prevent the
occurrence or reduce the impact of such hazards if disaster did
occur. As part of his responsibility in hazard mitigation, the
Director shall supervise the development of an emergency
management plan for the City of La Porte, and shall recommend the
plan for adoption by the City Council along with any an all mutual
aid plans and agreements which are deemed essential for the
implementation of such emergency management plan. The powers of
the Director shall include the authority to declare a state of
disaster, but such action duties of the Director shall also
include the causing of a survey of the availability of existing
personnel, equipment, supplies and services which could be used
during a disaster,,as provided for herein, as well as a continuing
study of the need for amendments and improvements in the emergency
management plan.
Section 3. The Mayor is hereby authorized to join with
the County Judge of the County of Harris and the mayors fo the
other cities in said county in the formation of an Emergency
Management Council for the County of Harris and shall have the
authority to cooperate in the preparation of a joint emergency
management plan and in the appointment of a joint Emergency
Management Coordinator, as well as all powers necessary to
participate in a county -wide program of emergency management
insofar as said program may affect the City of La Porte.
Section 4. The duties and responsibilities of the
Emergency Management Director shall include the following:
(a) The direction and control of the actual disaster
operations of the La Porte Emergency Management organization as
well as the training of Emergency Management personnel.
(b) The determination
responsibility that may arise
organization of the City.
of all questions of authority and
within the Emergency Management
(c) The maintenance of necessary liaison with other
municipal, county, district,state, regional, federal, or other
Emergency Management organizations.
(d) The marshaling, after declaration of a disaster as
provided for above, of all necessary personnel, equipment or
supplies from any department of the City aid in the carrying out
of the provisions of the emergency management plan.
(e) The issuance of all necessary proclamations as to
the assistance of a disaster and the immediate operational
effectiveness of the City of La Porte emergency management plan.
(f) The issuance of reasonable rules, regulations or
directives which are necessary of the protection of life and
property in the City of La Porte. Such rules and regulations
shall be filed in the office of the City Secretary and shall
receive widespread publicity unless publicity would be of aid and
comfort to the enemy.
(g) The supervision of the drafting and execution of
mutual aid agreements, in cooperation with the representatives of
the state and of other local political subdivisions of the state,
and the drafting and execution, if deemed desirable, of an
agreement with the county in which said city is located and with
other municipalities within the county, for the county -wide
coordination of Emergency Management efforts.
(h) The supervision of, and final authorization for the
procurement of all necessary supplies and equipment, including
acceptance of private contributions which may be offered for the
purpose of improving Emergency Management within the City.
(i) The authorizing of agreements, after approval by he
City Attorney, for use of private property for public shelter and
other purposes.
Section 5. The operational Emergency Management
organization of the City of La Porte shall consist of the officers
and employees of the City so designated by the Director in the
emergency management plan, as well as all organized volunteer
groups. The functions and duties of his organization shall be
distributed among such officers and employees in accordance with
the terms of the emergency management plan. Such plan shall set
forth the form of the organization, establish and designate
divisions and functions, assign tasks, duties and powers, and
designate officers and employees to carry out the provisions of
this ordinance. Insofar as possible, the form of organization,
titles and terminology shall conform to the recommendations of the
State Division of Emergency Management of the State of Texas and
of the Federal Government.
Section 6. Any unauthorized person who shall operate a
siren or other device so as to simulate a warning signal, or the
termination of a warning, shall be deemed guilty of a violation of
this ordinance and shall be subject to the penalties imposed by
this ordinance.
Section 7. At all times when the orders, rules, and
regulations made and promulgated pursuant to this ordinance shall
be in effect, they shall supersede and override all existing
ordinances, orders, rules, and regulations insofar as the latter
may be inconsistent therewith.
Section 8. This ordinance shall not be construed so as
to conflict with any State or Federal statute or with any military
or naval order, rule or regulation.
Section 9. This ordinance is an exercise by the City of
its governmental functions for the protection of the public peace,
health, and safety and neither the City of La Porte, the agents
and representatives of said City, not any individual, receiver,
firm, partner ship, corporation, association, or trustee, not nay
of the agents thereof, in good faith carrying out, complying with
or attempting to comply with, any order, rule, or regulation
promulgated pursuant to the provisions of this ordinance shall be
liable for any damage sustained to persons as the result of said
activity. Any person owning or controlling real estate or other
premises who voluntarily and without compensation grants to the
City of La Porte a license of privilege, or other wise permits the
City to inspect, designate and use the whole or any part or parts
of such real estate or premises for the purpose of sheltering
persons during an actual, impending or practice enemy attack
shall, together with his successors in interest, if any, not be
civilly liable for the death of, or injury to, any person on or
about such real estate or premises under such license, privilege
or other permission or for loss of, or damage to, the property of
such person.
Section 10. No person shall have the right to expend
any public funds of the City in carrying out any Emergency
Management activity authorized by this ordinance without prior
approval by the City Council, nor shall any person have any right
to bind the City by contract, agreement or otherwise without prior
and specific approval of the City Council.
Section 11. It shall be unlawful for any person
willfully to obstruct, hinder, or delay any member of the
Emergency Management organization in the enforcement of any rule
or regulation issued pursuant to the authority contained in this
ordinance. It shall likewise be unlawful for any person to wear,
carry or display any emblem, insignia or any other means of
identification as a member of the Emergency Management
organization of the City of La Porte, unless authority to do so
has been granted to such person by the proper officials.
Convictions for violations of the provisions of this ordinance
shall be punishable by fine not to exceed 1,000 dollars ($1000).
Section 12. Each employee or any individual that is
assigned a function or responsibility shall solemnly swear or
affirm to support and defend the Constitution of the United
States, laws of the State of Texas and the Ordinances of the City
of La Porte.
Section 13. If any portion of this ordinance shall, for
any reason, be declared invalid, such invalidity shall not affect
the remaining provisions thereof.
Section 14. All ordinances, parts of ordinances, or
resolutions in conflict herewith are expressly repealed.
This ordinance shall be in effect for and after its date
of passage.
PASSED AND APPROVED this the � day of 11986.
N rman ne,Ma or
City of La Porte, Texas
ATTEST:
Cherie B1ack,City Secretary
APPROVED:
Knox W. Askins, City Attorney
Additions:
Deletions:
Ordinance No. 1498
AN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE EMERGENCY
MANAGEMENT W14IC14 INCLUDES DES Tug AS REQUIRED BY TEXAS GOVERNMENT
CODE CHAPTER 418, PROVIDING FOR DISASTER MITIGATION, PREPAREDNESS
RESPONSE AND RECOVERY Du A SES OF CIVIL PREP A RDE- ESS; PROVIDING FOR
HOMELAND SECURITY; ACKNOWLEDGING THE OFFICE OF EMERGENCY
MANAGEMENT Dom; AUTHORIZING THE A PPOPJ IENT O A i t
EMERGE-NCY MANAGEMENT COORDINATOR.MAYOR TO ACT AS THE
EMERGENCY MANAGEMENT DIRECTOR AND PROVIDING THE DUTIES AND
RESPONSIBILITIES OF T140SE OFF -ICES THE POSITION; IDENTIFYING AN
OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH
ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND
PROPERTY IN THE CITY OF LA PORTE; AUTHORIZING COOPERATIVE AND
MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THE CITY OF LA
PORTE AND OTHER CITIES OR COUNTIES AND FOR WORK RELATED PURPOSES;
PROHIBITING UNAUTHORIZED A A D'` PXi AND ALL T CLEAR A v S!" A T c TAMPERING
OR USE OF WARNING SYSTEMS; AND MAKING VIOLATIONS A MISDEMEANOR
PUNISHABLE BY FINE NOT TO EXCEED $1000.00, AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; CONTAINING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE;
WHEREAS, the City Council of the City of La Porte finds that the identification of potential
hazards and the prevention or mitigation of their effects must be an on -going concern of the City
if lives and property of the populace are to be protected; and
WHEREAS, the City Council hereby declares that the preparation of a plan, and the means for
its implementation, for the protection of lives and property in the City of La Porte from natural or
man -caused disasters or threat thereof is immediately essential; and
WHEREAS, the City Council further finds that in times of disasters which may imperil the
safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and
place into operation the preconceived plans and preparations with a minimum of delay; and
WHEREAS; the City Council finds, therefore, that the preparation, adoption, and
implementation of such plans are imperative; BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. There exists the Office of Emergency Management Dkeeter for the City of La Porte,
whieh shall be held by the mayor- in aeeer-danee with state law- of which the Mayor shall be the
authorized Director, in accordance with State law. In the case of the absence or incapacity of the
Mayor, the Mayor Pro Tem shall serve as Director of the Office of Emergency Management. In
the absence of incapacity of the Mayor Pro Tern the City Manager will serve as Director.
(a) The Emergency Management Director shall designate the person employed as the
City Emergency Management Coordinator to serve as an assistant to the Emergency
Management Director for emergency management purposes, as allowed by Texas
Government Code Section 418.1015. However, for all purposes the Emergency
Management Coordinator shall remain an employee of the City subject to the
authority of the City Manager, under the La Porte City Charter.
(b) The Director shall be responsible for conducting a program of comprehensive
emergency management within the city and for carrying out the duties and
responsibilities set forth in Section 4 of this ordinance. He may delegate authority for
execution of these duties to the Coordinator, but ultimate responsibility for such
execution shall remain with the Director.
Section 2. The powers and duties of the Director shall include an on -going survey of actual or
potential major hazards which threaten life and property within the city; and an on -going
program of identifying and requiring or recommending the implementation of measures which
would tend to prevent the occurrence of reduce the impact of such hazards if disaster did occur.
As part of his responsibility in hazard mitigation, the Director shall supervise the development of
an emergency management plan for the City of La Porte, and shall recommend the plan for
adoption by the City Council along with any and all mutual aid plans and agreements which are
deemed essential for the implementation of such emergency management plan. The powers of
the Director shall include the authority to declare a state of disaster, but such action duties of the
Director shall also include the causing of a survey of the availability of existing personnel,
equipment, supplies and services which could be used during a disaster, as provided for herein,
as well as a continuing study of the need for amendments and improvements in the emergency
management plan.
l�Ti The lYlUJVS her-eby authorized to join v4th the County judge of the County 0
Managemen4 Gouneil for- the Ceun4y of Hwris and shall have the authority to eeepefate in the
preparation of a joint emergene), m — I . !an and in the appointment of a joint Emer-gene� 7
as well as all powers neeessar-5, to pai4ieipa4e in a e0unty wide
14affis and the mayers for- the other- eities in said eounty in the fermmien of an Emer-gene
program of emergeney management insofar as said program may affeet the City of La Pefte.
Section 4. The duties and responsibilities of the Emergency Management Director, to be
executed both through personal actions and through the delegation of tasks, shall include the
following:
(a) The direction and control of the actual disaster operations of the La Porte Office of
Emergency Management as well as the training of Emergency
Management personnel.
(b) The determination of all questions of authority and responsibility that may arise
within the Emergency Management organization of the City.
(c) The maintenance of necessary liaison with other municipal, county, district, state,
regional, federal, or other Emergency Management organizations.
(d) The marshalling, after declaration of a disaster as provided for above, of all necessary
personnel, equipment or supplies from any department of the City which may aid in
the carrying out of the provisions of the emergency management plan.
(e) The issuance of all necessary proclamations as to the assistance of a disaster and the
immediate operational effectiveness of the City of La Porte emergency management
plan.
(f) The issuance of reasonable rules, regulations or directives which are necessary of
the protection of life and property in the City of La Porte. Such rules and regulations
shall be filed in the office of the City Secretary and shall receive widespread
publicity unless publicity would be of aid and ,.em f i. to the -enemy -to the detriment
of the public.
(g) The supervision of the drafting and execution of mutual aid agreements, in
cooperation with the representatives of the state and of other local political
subdivisions of the state, and the drafting and execution, if deemed desirable, of an
agreement with the county in which said city is located and with other municipalities
within the county, for the county -wide coordination of Emergency Management
efforts.
(h) The supervision of, and final authorization for the procurement of all necessary
supplies and equipment, including acceptance of private contributions which may be
offered for the purpose of improving Emergency Management within the City.
(i) The authorizing of agreements, after approval by the City Attorney, for use of
private property for public shelter and other purposes.
Section 5. The opt Office of Emergency Management of the City of La
Porte shall consist of the officers and employees of the City so designated by the Director in the
emergency management plan, as well as all organized volunteer groups. The functions and
duties of this organization shall be distributed among such officers and employees in accordance
with the terms of the emergency management plan. Such plan shall set forth the form of the
organization, establish and designate divisions and functions, assign tasks, duties and powers,
and designate officers and employees to carry out the provisions of this ordinance. Insofar as
possible, the form of organization, titles and terminology shall conform to the recommendations
of the St4e Governor's Division of Emergency Management of the State of Texas and of the
Federal Government.
Section 6. Any unauthorized person who shall operate a siren or other deviee notification
system so as to simulate a warning signal, the false notification of a warning, or the termination
of a warning, shall be deemed guilty of a violation of this ordinance and shall be subject to the
penalties imposed by this ordinance.
Section7. At all times when the orders, rules, and regulations made and promulgated pursuant to
this ordinance shall be in effect, they shall supersede and override all existing ordinances, orders,
rules, and regulations insofar as the latter may be inconsistent therewith.
Section 8. This ordinance shall not be construed so as to conflict with any State or Federal
statute or with any military or naval order, rule or regulation.
Section 9. This ordinance is an exercise by the City of its governmental functions for the
protection of the public peace, health, and safety and neither the City of La Porte, the agents and
representatives of said City, not any individual, receiver, firm, partnership, corporation,
association, or trustee, not nay nor any of the agents thereof, in good faith carrying out,
complying with or attempting to comply with, any order, rule, or regulation promulgated
pursuant to the provisions of this ordinance or State laws, regulations, or orders shall be liable for
any damage sustained to persons as the result of said activity. Any person owning or controlling
real estate or other premises who voluntarily and without compensation grants to the City of La
Porte a license of privilege, or other wise permits the City to inspect, designate and use the whole
or any part or parts of such real estate or premises for the purpose of sheltering persons during an
actual, or impending emergency situation shall, together with his
successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or
about such real estate or premises under such license, privilege or other permission or for loss of,
or damage to, the property of such person.
Section 10. N per-sen shall have the fight +c expend a publie ftin f t City +
.� i.... shall .. .... '�i5..� .. ��p.v ......'i'a j' Ya,.vl IuuuJ VI uav SIC
City
>any right to bind the City by>agreement,
other -wise ..,;+� eut and s eeif , approvalof the Git-y Co eil. In the case of a declared
V CIIVI YYIJV YY ICII
emergency or disaster, the Director and any city officials or employees acting under the authority
of the Director shall not be subject to a prohibition on expenditure of public funds without prior
approval from City Council, to the extent any such expenditures are sourced from qualifying
contingency fund accounts, or other city accounts as necessary, not inconsistent with State law or
the La Porte City Charter.
Section 11. It shall be unlawful for any person willfully to obstruct, hinder, or delay any
member of the Emergency Management organization in the enforcement of any rule or
regulation issued pursuant to the authority contained in this ordinance. It shall likewise be
unlawful for any person to wear, carry, or display any emblem, insignia or any other means of
identification as a member of the Emergency Management organization of the City of La Porte,
unless authority to do so has been granted to such person by the proper officials. Convictions for
violations of the provisions of this ordinance shall be punishable by fine not to exceed 1,000
dollars ($1000).
Section 12. Each employee or any individual that is assigned a function or responsibility shall
solemnly swear or affirm to support and defend the Constitution of the United States, laws of the
State of Texas and the Ordinances of the City of La Porte.
Section 13. If any portion of this ordinance shall, for any reason, be declared invalid, such
invalidity shall not affect the remaining provisions thereof.
Section 14. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly
repealed.
Section 14. 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 15. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice to the passage of the ordinance by causing the caption to be
published in the official newspaper of the City of La Porte at least twice within ten (10) days
after the passage of the ordinance.
This ordinance shall be in effect for and after its date or passage.
to
To: All LPEDC Board Members
From: Gretchen Larson, EDC
Through: Ron Bottoms, CM
Date: March 28, 2008
Subject: Strategic Planning RFP
Attached you will find the draft RFP for a city-wide economic development plan which
was recently emailed to you for review and comments. The attached RFP has been
changed to incorporate a few additional comments since then as follows: Section II —
Scope of Work, #1, we have added a reference to the BAHCVB and BAHEP as
stakeholders; in #4 of this same section we added another item for the study to consider
our location on Galveston Bay and the possibility of maximizing the economic usage
along the bay; and in (b) as a subset of #4 we reworded to include a reference to the
Parks Master Plan as it relates to pedestrians. Any changes that you may have at the
meeting will also be incorporated before release.
As we have discussed, funding for the plan will come from the LPEDC and the City, with
the LPEDC paying the largest share of the funding. At the meeting on February 4 the
Board reaffirmed their commitment to the funding allocation. The initial research
indicates that the plan would take a year to fully develop and cost approximately
$100,000 to $150,000 with the city having set aside $20,000 for the plan.
It is anticipated that the RFP will be out for approximately 30 days which makes the time
frame for submittals from vendors due around the third week in May. The cover letter
which will be sent with the RFP will inform the vendors that a community branding
campaign will be on -going simultaneously and that they will need to coordinate their
activities. A request for a budget adjustment will be made at the time a firm is
recommended to you for approval. Also please let us know if you would like to serve on
the selection committee.
We are excited to be moving forward with the RFP and look forward to discussing it with
you at the meeting however, if you have any questions before then please let us know.
CITY OF LA PORTE
ECONOMIC DEVELOPMENT DIVISION
604 W. Fairmont Parkway, La Porte, TX 77571
www.laporteb(.gov
www.larsong(cDlat)ortetK.gov
Phone: (281) 471-5013 / Fax (281) 842-1259
Dear Prospective Vendor
The City of La Porte is excited to be moving forward with the attached Request for
Proposals for a firm to join with us in completing an Economic Development Strategic
Plan for the City. We will be asking that the firm selected work with our Community
ED Partner, the Economic Alliance Houston Port Region, who will assist with
facilitating initial meetings of the stakeholders and the preliminary S.W.O.T. analysis.
The City currently has a number of significant plans/projects underway which will
need to be considered in the planning process. One that specifically requires your
consideration will be the concurrent "Community Branding Campaign" which will be
directed by North Star Destinations Strategies. Because both plans will require
meetings with the same stakeholders it is important that the two firms involved
communicate closely with each other as to a plan of action.
Thank you for your interest in the City of La Porte, we look forward to hearing from
you.
Introduction
The City of La Porte is strategically located south of the Houston Ship Channel with
its eastern border on Galveston Bay. The city is at the end of a corridor defined by the
Houston Ship Channel, Battleground Industrial District, and the Bayport Industrial
District. It is bounded on the west side by the Cities of Deer Park and Pasadena. The
City of La Porte has prepared this request for proposal for a city-wide economic
development plan to assist the city in determining the best economic mix for the long-
term and outlining a strategy for attracting that mix. The City understands that because
of our location between two Port of Houston terminals we could fill all remaining land
areas with port related business and be done. However, because we desire to diversify
our tax base and to provide our citizens with shopping and leisure activities, in the
summer of 2006 we commissioned the Buxton Community ID® Study. It was determined
that from this study we could work to develop a "Retail Attraction Strategy". Additionally
in 2005 the City was officially accepted into the Texas Main Street Program and any
proposed plan developed must review and incorporate the tenants of this Program.
I. Objectives
The overall objective will be to define an economic development strategy for the City
of La Porte. Specific objectives within this context that must be achieved are as
follows:
1. Determine the best economic mix for the City of La Porte in the future; attracting,
creating & retaining jobs; improving workforce & education; and capturing
emerging opportunities.
2. Develop a strategy to achieve the desired economic mix.
3. Determine the adequacy of the current development policies and regulations of
the city.
4. Define the budget and organizational responsibilities for implementation of the
strategy.
II. Scope of Work
While the study approach should be defined by the consultant, there are
several factors that must be covered in the scope of the project. These are:
1
1. Identify Stakeholders/Community Input - Input from both the public and
private sectors of the City of La Porte is required as part of the building
blocks of the economic development plan. It is anticipated that such input
will be required from the public sector at the city, county, and school
district levels. Input will come from the City Council, Economic
Development Corporation, Planning and Zoning Commission, the
Redevelopment Authority/Tax Increment Refinance Zone, Zoning Board of
Adjustment and the Main Street Advisory Boards. Input must also include
our Citizens, the Chamber of Commerce, the LPISD, the Bay Area
Houston Convention and Visitor's Bureau, and Bay Area Houston
Economic Partnership and the private sector business leaders from
industry, manufacturing, services and the retail sectors. During this phase,
the consultant will work closely with the Economic Alliance Houston Port
Region (a regional economic development non-profit entity) to ensure this
input phase is streamlined and effective.
2. Review of Master/Comprehensive Plan - the City of La Porte has a
detailed Master/Comprehensive Plan for the city that was based upon the
growth potential for the area when the Plan was developed. In view of the
recent changes in the economic situation in the Houston Metropolitan
area, this data should be reviewed carefully to determine if the direction of
the future growth has changed significantly. If there has been a change,
then an analysis of the impact on the Master/Comprehensive Plan should
be conducted.
3. Review of the Development Policies - A thorough review of all
development policies and regulations of the City of La Porte should be
undertaken. The review should contrast La Porte's policies with that of
other cities that have been successful in attracting development. Also,
input from the Planning and Zoning Commission, developers, and
businesses within La Porte should be used to evaluate these policies and
regulations.
2
4. Develop a strategy to enhance the City's Main Street Business District and
examine the potential for redevelopment of Main Street District to include
possibly South Broadway from Main Street along to its intersection with
Fairmont Parkway.
The consultant shall review external forces, existing strengths and
weaknesses and develop objectives and implementation strategies with
clearly defined budgetary and organizational responsibilities needed to
accomplish the objective.
The consultant should also review the current Main Street Program and
provide recommendations to strengthen and enhance current program
and evaluate effectiveness and community support.
The study should also:
a. Consider the historical preservation element setting out plans and
programs for those structures in the City having historical, architectural,
scenic or similar significance. Examine potential for participating in
regional heritage tourism programs in the area as well as public art
venues.
b. Examine the potential for retail shopping, specialty shopping, restaurant
and entertainment opportunities. Examine the potential for festival
shopping and promotion of pedestrian traffic in the City. Review of the
Park Master Plan is required.
c. Examine existing zoning district regulations and policies affecting
development/redevelopment of the City. Prepare recommendations for
revisions where necessary to provide regulations that are most suited to a
targeted area such as Main Street.
d. Examine the potential of development of the properties along Galveston
Bay as a way to reconnect our community with the Bay.
e. Examine the potential of the general aviation airport.
f. Examine potential for attracting professional support services for
operations at Barbour's Cut and Bayport facilities as well as the New
Cruise Terminal.
g. Examine potential funding sources, grant opportunities, in kind services,
etc. How can & should the city compete to attract & retain firms in the
target areas? Examine the potential for promoting assistance through Tax
Policies and the preliminary economic development incentives policy
which can include:
- Property and Sales Tax Incentives
- Tax Abatements and Tax Increment Financing
- Public Improvement Districts
- Freeport Exemptions
- Foreign Trade Zones
- 380 Agreements
- Enterprise/Empowerment Zones
5. Assessment of the regional Houston MSA economy - movement in regional
Houston economy in the last 5 years, the current situation and future direction of
the Houston economy should be included as part of the overall effort. Also, an
assessment as to how the changes in the Houston economy are likely to affect
the southeast portion of the Gulf Coast and the City of La Porte and its plans
should also be undertaken.
6. Identification of Alternative Strategies - The consultant should develop several
alternative strategies for achieving the type of economic development that is
desired by the City of La Porte. The positives and negatives of each strategy
should be outlined carefully and a recommended strategy provided by the
consultant to the city.
Contents of the Proposal
The proposal should contain the following major sections.
n
1. Statement as to the objectives of the study that will demonstrate that the
consultant understands the needs of the City of La Porte in regards to this
particular project.
2. Study Approach — This section should outline in detail the proposed
approach to preparing the economic development plan. Specific steps
should be called out in detail along with a schedule for each of the tasks
and a proposed set of checkpoint meetings during the course of the study.
3. Project Management — The senior people involved in the development of
the plan should be identified and their role spelled out by task. The
qualifications of each of the senior consultants should also be spelled out
in this section and resumes for those people included in an Appendix.
Also, the consultant should define a proposed method for working with the
city management and reporting progress.
4. Qualifications — This section should contain a historical overview of the
consulting firm described and describe other similar projects that have
been undertaken. It should also identify any additional resources within
the firm that are available should they be needed during the course of the
project.
a. Proposed Budgets — The proposed budget should be broken out by
each major task within the study approach. The cost should be
further broken into professional fees and expenses associated with
each task.
b. References — The consultant should include at a minimum three (3)
references for similar type of work that has been undertaken within
the last five (5) years. The name and telephone number of each
reference should be provided in proposal.
5
I I
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 3/27/2008
Requested By:
Department:
Report: X Resolution: Ordinance(s):
Exhibits: Community Branding Campaign
Bud et
Source of Funds: N/A
Account Number: 0386030565.50.07
Amount Budgeted: S0
Amount Requested: $85,000
SUMMARY & RECOMMENDATION
Included in your Council packet as a separate document, you will find information from North
Star Destinations, the firm which is being recommended to the LPEDC at their April 7
meeting to conduct our Community Branding Campaign. The cost for their services is
$85,000 and includes approximate costs for a copy righting process if we desire to proceed
with this after selection of the branding logo/tag lines is developed. If the process is approved
by the Board at the meeting then City Council approval of those actions is required per the
by-laws and our policies.
Action Required by Council:
Approved actions taken by the LPEDC Board and the requested budget adjustment as
Ron BbVoAs, City Manager
o ,L d8
12
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 3/27/2008
Requested By: Gretchen
IV
Department: City
Report: X Resolution: Ordinance(s):
Exhibits: Budget Adjustments
Budget
Source of Funds: LPEDC
Account Number: 038603056560.05
Amount Budgeted: S3,500
Amount Requested: $5,500
SUMMARY & RECOMMENDATION
The marketing line item (038603056560.05) is recommended to be increased $5,500 to the
LPEDC Board at their April 7 meeting to pay for additional planned advertising expenses and
also for promotional items associated with attendance at events which advertise the city. We
currently have a small supply of marketing and promotional items but would like to work with
a firm to expand our supply. There is currently $3,500 budgeted in this line item.
All actions of the LPEDC Board which increase expenditures from the approved and adopted
budget must also be approved by the City Council.
Action Required by Council:
Approve the actions taken by the LPEDC Board and the requested budget adjustments as
prgwXited.
for
Bottoms,
anager
13
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 3/27/2008
Requested By: Gretchen I
Department: City mana�
Report: X Resolution: Ordinance(s):
Exhibits: Budget Adjustments
Budget
Source of Funds: LPEDC
Account Number: 03860305653020
Amount Budgeted: $5,500
Amount Requested: $2,500
SUMMARY & RECOMMENDATION
The travel/training/meetings line item of the FY 2007-2008 LPEDC Budget
(038603065630,20) is recommended to be increased an additional $2,500 to the Board at
their meeting of April 7.
The funds will be used to cover the following costs: meetings conducted along with the
development of the strategic plan and the community branding campaign; additional LPEDC
meetings during the year; and attendance at the upcoming IEDC conference in June. The
conference focuses on brokering public -private partnerships and we feel that it may be very
useful to us during negotiations for the proposed hotel at Sylvan Beach and the Town Square
developments. The current amount budgeted in this line item is $5,500.
All actions of the LPEDC Board which increase expenditures from the approved and adopted
budget must also be approved by the City Council.
Action Required by Council:
Approve the actions taken by the LPEDC Board and the requested budget adjustment to the
,T."gvel/Training/Meetings line item as presented.
Ron
Manager