HomeMy WebLinkAbout2008-06-09 Regular Meeting and Workshop Meeting of La Porte City Council
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A
MINUTES OF A REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
June 9, 2008
1. CALL TO ORDER
The meeting was called to order by Mayor Porter at 6:38 p.m.
Members of City Council Present: Mayor Porter, Mayor Pro-Tem Clausen, Council
members Tommy Moser, Mike Mosteit, Louis Rigby, John Black, Chuck Engelken, Howard
Ebow and Georgia Malone.
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, City Secretary
Martha Gillett, Assistant City Manager John Joerns, Purchasing Manager Susan Kelley,
GIS Manager Brian Sterling, Chief Building Official Debbie Wilmore, Human Resources
Manager Heather Weger, Emergency Management Coordinator Jeff Suggs, Emergency
Management Assistant Kristin Gouthier, Fire Chief Mike Boaze, Interim Police Chief Ron
Parker, Planning Director Tim Tietjens, Director of Public Works Steve Gillett, and a
number of other employees and volunteers.
Others present: Adam Yanelli of the Bayshore Sun, John Handy of the Houston Chronicle,
Garson Silvers, Phillip Hoot, Mr. and Mrs. Ray Key, Mark Follis, Kathryn Aguilar, David
Janda, Susan Bickley, Ted Powell, Thomas Norbit, Grace Moolchan, Pat Clark, Bobby
Schlenk, Ed Matuszak, and a number of citizens.
2. Elder Jones Woods of the Pleasant Hill Church of Deliverance led the invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENT A TIONSI PROCLAMATIONS
A. Mayor Porter presented a Proclamation for "National Safety Month" to Safety
Committee members Bill Rankin, Melisa Lanclos, Ron Parker, Scott Medearis, and
Eddie Weber.
5. Consent Agenda
A. Consider approving Minutes of the Special Called Meeting, Public Hearing and
Workshop of the La Porte City Council held on May 19, 2008.
B. Council to consider approval or other action awarding RFP #08511 for Debris
Clean-up Management Services - S. Kelley/ J. Suggs
La Porte City Council Regular Meeting and Workshop Meeting 6-9-08
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C. Consider approval or other action regarding an ordinance vacating, abandoning
and closing the alley in block 414, Town of La Porte - (Ord. 3080) - T. Tietjens
D. Council to consider approval or other action regarding an ordinance approving and
authorizing an agreement between the City of La Porte and the City of
Shoreacres, for animal control services (Ord. 3081) - R. Parker
E. Consider approval or other action regarding an ordinance authorizing the
conveyance of the west sixteen (16) feet of Lots 1 through 16, Block 830, Town of
La Porte (Ord. 3082) - 1. Tietjens
Motion was made by Councilmember Enqelken to approve the consent aqenda as
presented. Council member Ebow second. Motion carried.
Ayes: Mosteit, Mayor Pro-Tem Clausen, Rigby, Moser, Black, Malone, Ebow,
Engelken and Porter
Nays: None
Abstain: None
Absent: None
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council on any item posted on the agenda.
A. George Rush was not present.
Council retired to Executive Session at 6:47 p.m. by pulling and discussing Item #14
(8).
Council reconvened to the Regular Meeting at 7:09 p.m.
Council took no action at this time on #14 (8).
7. Council to consider approval or other action regarding an ordinance authorizing the
deeding of property to Habitat for Humanity and payment of related costs (Ord. 3083) - J.
Joerns
Bill Maltsberger, 10403 Shell Rock from Habitat for Humanity thanked the City and Council
for all their support and complemented the Planning and Inspections Departments for their
help.
Assistant City Manager John Joerns presented summary and recommendation and
answered Council's questions.
Assistant City Attorney Clark Askins read Ordinance 2008-3083, AN ORDINANCE
AUTHORIZING THE DONATION OF LOTS 19 AND 20, BLOCK 63, AND LOTS 5 AND 6,
BLOCK 66, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO LA PORTE
CHAPTER, BAY AREA HABITAT FOR HUMANITY, A TEXAS NON-PROFIT
La Porte City Council Regular Meeting and Workshop Meeting 6-9-08
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CORPORATION, FOR THE CONSTRUCTION OF LOW INCOME HOUSING,
APPROPRIATING THE SUM OF $16, 438.54 TO PAY DELINQUENT TAXES AND
DEMOLITION AND ASBESTOS ABATEMENT EXPENSES ON SAID PROPERTY,
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AND
EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Moser to approve Ordinance 3083. as presented by
John Joerns. Councilmember Mosteit seconded the motion. The motion carried
unanimously.
Ayes: Mosteit, Mayor Pro-Tem Clausen, Moser, Rigby, Black, Malone, Ebow, Engelken
and Porter
Nays: None
Abstain: None
Absent: None
8. Council to consider the actions taken by the La Porte Economic Development Corporation
at their Board meeting of June 9 and if the website refurbishment budget adjustment is
approved by the Board, consider confirmation of their decision.
La Porte Development Corporation Coordinator Gretchen Larson presented summary and
recommendation and answered Council's questions.
Motion was made by Mayor Pro-Tem Clausen to approve the budqet adiustment for the
website refurbishment as recommended by Mrs. Larson. Councilmember Engelken
seconded the motion. The motion carried unanimously.
Ayes: Mosteit, Mayor Pro-Tem Clausen, Rigby, Moser, Black, Malone, Ebow, Engelken
and Porter
Nays: None
Abstain: None
Absent: None
9. Board member Engelken provided a report from the La Porte Development Corporation
Board.
Mr. Engelken reported that the second Public Hearing on the Town Square and Gateway
Enhancement Projects will be held on July 7th, 2008.
10. Mayor Porter closed Regular Meeting and opened Workshop Meeting at 7: 16 p.m.
A. Boards and Commissions members and vacancies were discussed, resulting in
scheduling a Joint Workshop Meeting of the City Council and the Main Street Advisory
Board with a tentative date set for June 30, 2008. Other board appointments and term
renewals will be discussed at a future Council meeting in July, 2008. The City
La Porte City Council Regular Meeting and Workshop Meeting 6-9-08
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Secretary's Office was requested to call board members with terms expiring to
determine if they are willing to serve another term.
City Secretary Martha Gillett informed the City Council that she had received an
application from David Janda today and placed a copy at the council table.
Mayor Porter suggested replacing Trent Wise with Barry Beasley on the La Porte
Economic Development Board.
It was suggested that Louis Rigby move from an Alternate position on the Fiscal
Affairs Board to a member and move John Black into the position of Alternate for
the same Board.
Councilmember Malone recommended Paul Larson and Helen Saldivar for the
Main Street Advisory Board.
Councilmember Moser also recommended Rhonda Lunsford and Tom Stringer for
the Main Street Advisory Board.
It was also suggested that Mike Clausen return as member of the La Porte
Economic Development Board.
It was noted Chief Reff would need to be placed on the Animal Control Board but
that could be done once the Police Chief was hired.
B. Discussion began with Emergency Management Coordinator Jeff Suggs
suggesting posting of "Shelter in Place Notices in Hotel and Motel Rooms".
Emergency Management Coordinator Jeff Suggs discussed the need to post
"Shelter in Place" notices in all Hotel and Motel rooms.
Chairman of the LEPC George Budmilder along with the Mr. Norbit of PPG is in
favor of this and wishes for this plan to move forward.
Council directed staff to move forward with plans for implementing regulations
requiring Hotels and Motels to post the criteria for sheltering in place.
C. Considered possible changes to weed regulations and fees, in regards to height
regulations in residential and commercial areas. Council advised this subject be
brought back at a future date.
11. Mayor Porter closed Workshop Meeting and reconvened Regular Meeting at 8:37 p.m.
12. City Manager Ron Bottoms provided Administrative Reports for the following:
A. Business Expo by the Bay - June 17, 2008 - 5:30 p.m. - 6:30 p.m. - Sylvan
Beach Pavilion
La Porte City Council Regular Meeting and Workshop Meeting 6-9-08
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B. Chamber Annual Hamburger Cookout - June 17,2008 - 6:30 p.m. - Sylvan
Beach Pavilion
C. Commissioner Garcia's Juneteenth Prayer Breakfast - June 19, 2008 - 8:00 a.m.
- 9:30 a.m. - Sylvan Beach Pavilion
D. Juneteenth Coffee - June 21, 2008 - 8:30 p.m. - 9:30 a.m. - Jennie Riley Center
E. Juneteenth Parade- June 21, 2008 - 10:00 a.m. - North 8th and Main Street
F. Drainage and Flooding Committee Meeting - June 23, 2008 - 5:00 p.m.
The public remonstrances portion of the regular meeting was reopened and the following
were allowed to speak for five minutes each:
Kathryn Aguilar - 3119 Fondren, would like to raise $2500.00 to - $5000.00 with the help
of a grant to achieve historic status of the Pavilion, by making the park more desirable
including more recreational activities.
Ray Key, 228 Cypress, is opposed to using tax payers money to help an individual with the
development of the city.
Ted Powell, 1700 Roscoe, reported that the Pavilion group volunteers want to volunteer
their time, energy and resources to restore the Pavilion with as little tax payers money as
possible. They need permission in writing to begin restoring the Pavilion with the
donations that the Pavilion group has received.
Phillip Hoot, 927 Seabreeze, wants to get a historical study done to understand the cost to
restore the Pavilion.
13. Council Comments- Clausen, Rigby, Moser, Black, Malone, Ebow, Engelken, Mosteit and
Porter.
14. 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,
DELBERA TION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL
MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A
WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION,
DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS)
A. 551.072 (Deliberation regarding real property)
Meet with City Manager and
City Attorney to discuss the
purchase, exchange, lease or
value of real property
La Porte City Council Regular Meeting and Workshop Meeting 6-9-08
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B. 551.071 (Pending or Contemplated Litigation)
C. 551.071 (Pending or Contemplated Litigation)
D. 551. 87 (Economic Development Negotiations)
Meet with City Manager
And City Attorney to discuss
Glenda Hunter- Williams vs.
City of La Porte
Meet with City Manager and
City Attorney to discuss Garfield
Apartments
Meet with City Manger and
Economic Development
Coordinator to discuss the Town
Square Project, Gateway
Enhancement Project and the
RFP for the City-Wide Economic
Development Strategic Plan
Council retired to Executive Session at 8:58 p.m. and returned to Regular Meeting and
reconvened at 10:13 p.m.
15. Considerations and possible action on items in executive session
Receive report from City Manager and Assistant City Manager regarding development
of City Property for sale and provide direction to staff.
Receive report from Attorney defending City in Glenda-Hunter-Williams litigation, status of
case.
Receive report from City Attorney regarding agreement with 200 Garfield for debris
removal; give direction to City Attorney.
Receive report from City Manager and Economic Development Coordinator regarding
Town Square Project and Gateway Enhancement Project, and RFP for City Economic
Development strategic plan; give direction to staff.
16. There being no further business to come before Regular Meeting and Workshop was duly
adjourned at 10:14 p.m.
Respectfully submitted,
~~~
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this 23rd day of June 2008.
La Porte City Council Regular Meeting and Workshop Meeting 6-9-08
7
Mayor Alton E. Porter
,-
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 23, 2008
Requested By: Michael Dolby ~
Department: Finance
Report:
Resolution:
Ordinance:
xx
Exhibits: Ordinance 2007-3024-G
Exhibits: Excerpt from FY 2008 Adopted Budget
& Amended Budget (Exhibit A & B)
Source of Funds: N/A
Appropriation
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES
Exhibits: Explanations / Backup for Amendment
NO
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2007-08 Budget on August 27,2007.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2007-08 Budget. (*denotes funds with current changes)
General Fund
Grant Fund
Street Maintenance Sales Tax Fund
Community Investment
Hotel/Motel Occupancy Tax
La Porte Development Corporation
Tax Increment Reinvestment Zone
Utility
Sylvan Beach
Airport
La Porte Area Water Authority
Golf Course
Motor Pool
Insurance Fund
Technology Fund
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
2000 General Obligation Bond Fund
2005 Certificate of Obligation Bond Fund
2006 General Obligation Bond Fund
2007 Certificate of Obligation Bond Fund
Transportation & Other Infrastructure Fund
General Debt Service
Utility Debt Service
La Porte Area Water Authority Debt Service
Total of All Funds
Previously
Original Budget Amended Budget
$ 30,010,812
1,036,356
1,004, I 78
233,120
556,540
971,565
1,600,185
8,038,354
274,158
23,396
1,717,760
1,304,138
1,529,323
4,881,080
1,211,065
955,000
935,000
350,000
54,465
60,000
49,478
305,261
200,000
3,477,278
479,105
758,531
$ 62,016,148
$ 30,620,802
1,172,949
1,004,178
233,120
696,709
1,117,898
1,600,185
8,038,354
274,158
23,396
1,717,760
1,304,138
1,756,727
4,881,080
1,221,865
1,721,926
935,000
350,000
202,021
60,000
49,478
305,261
200,000
3,477,278
479,105
758,531
$ 64,201,919
Proposed
Amended Budget
$ 33,620,802 *
1,172,949
1,004,178
249,559 *
696,709
1,157,898 *
1,600,185
8,038,354
274,158
23,396
1,717,760
1,304,138
2,092,882 *
4,881,080
1,221,865
5,321,926 *
935,000
350,000
202,021
60,000
49,478
305,261
200,000
3,477,278
479,105
758,531
$ 71,194,513
Action Required bv Council:
Adopt Ordinance Amending Fiscal Year 2007-08 Budget for:
A. $3,000,000 in the General Fund for a transfer to the General CIP Fund for the Municipal Court Building
Project.
B. $3,000,000 in the General CIP Fund for the Municipal Court Building Project.
C. $600,000 in the General CIP Fund for the Sylvan Beach Shoreline Protection and Beach Nourishment
Project. The increase is for the contribution from Harris County.
D. $336,155 in the Motor Pool Fund for the purchase of a fire truck. The truck is scheduled for replacement
in the upcoming FY2009 budget; however, it needs to be ordered in the current year due to the 6-8 month
delivery time and the increase in cost if order is delayed.
$40,000 in the 4B La Porte Development Corporation Fund for the City of La Porte website refurbishment.
$16,439 in the Community Investment Fund for the purchase of delinquent tax properties for donation to
Habitat for Humanity.
~ hdo~
Date
ORDINANCE NO. 2007-3024-G
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1,2007 THROUGH SEPTEMBER 30,2008; FINDING THAT
ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that
an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the
beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said
Budget; and
WHEREAS, the Budget for the fiscal year October 1,2007, through September 30,2008, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 23,2007, and a public hearing scheduled for August 27,2007 was duly advertised and
held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and a summary of which is
attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget
summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La
Porte, Texas, for the period of October 1, 2007, through September 30,2008.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during which this Ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this th& day of _~j j/JJ/ , 2008.
CITY OF S
ATTEST:
LjJL~~
arth Gillett, Ity Secretary
A~
~T~
CI Askins, Assistant City Attorney
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Aoorooriation
Agenda Date Requested: June 23. 2008
Requested By: Tim Tietiens ~
Department: Plannine
Source of Funds:
NtA
Account Number:
NtA
Amount Budgeted: Nt A
Report: _Resolution: _Ordinance:-X-
Amount Requested: Nt A
Exhibits:
A. Ord. for Water & Sewer Service Agreements
B. Water Service Agreement
C. Sanitary Sewer Service Agreement
D. AreaMap
Budgeted Item: _YES ...L..NO
SUMMARY & RECOMMENDATION
DTMT Two, LLC has approached the City for water and sanitary sewer service to its 9.4086 acre site
located at 9560 New Decade Dr., Bayport North Industrial Park in the City's Bayport Industrial District (see
Exhibit "0" - Area Map). The company maintains a current Industrial District Agreement with the City.
Council has approved a policy to provide water and sanitary sewer service to companies located outside the
city limits and within the City's industrial districts. These companies are required by the policy to execute
and maintain an Industrial District Agreement with the City. Council has previously approved an IDA with
Tredco, L.P. (IDA-2007-089) and the company desires to obtain water and sanitary sewer service under the
terms of this policy.
Based on the company's stated demand for domestic water use, the average daily demand for water is
2,500 gpd which is within the policy's limit of 30,000 gallons per day. The applicant, under the terms of the
policy, will pay one and one-half (1-%) times the City's current utility rate. Additionally, DTMT Two, LLC is
subject to a one-time connection fee associated with each of its water and sewer agreements in the amount
of $5,000 each ($10,000 total), for which payment has been received.
The terms of the company's IDA, WSA and SSSA will expire on December 31, 2019, plus any renewals and
extensions thereof. However, the agreements shall automatically expire at such time as there is no effective
IDA between the parties or, if the city exercises the right of termination.
Staff recommends approval of a Water Service Agreement and Sanitary Sewer Service Agreement for
DTMT Two, LLC as submitted herein.
Action Reauired bv Council:
rove an ordinance authorizing the City to enter into a Water Service Agreement and a Sanitary Sewer
e ice Agreement with DTMT Two, LLC.
Ron Bottoms, City Manager
,1V'4 It1/;
Date
ORDINANCE NO. 2008- ~r~
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT
AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA
PORTE AND DTMT TWO, LLC; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The
City
Council
hereby
approves
and
authorizes the contracts, agreements, or other undertakings
described in the title of this ordinance, in substantially the
form as shown in the documents which are attached hereto and
incorporated herein by reference.' The City Secretary is hereby
authorized to attest to all such signatures and to affix the
seal of the City to all such documents.
The City Manager is
hereby authorized to execute s~id c6ntacts, agreements, or other
undertakings described in the ,title of this ordinance.
Section 2.
The
City
Council
officially
finds,
determines, recites, and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of
the City Council was posted at a place convenient to the public
at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during
which this ordinance and the subj ect matter thereof has been
discussed, considered and formally acted upon.
The City Council
further ratifies, approves and confirms such written notice and
the contents and posting thereof.
Section 3.
This ordinance shall be effective from and
after its passage and approval, and it is so ordered.
~8n- /?("I
ORDINANCE NO. 2008-3 D gL/
PASSED AND APPROVED, this ~3A(J
ATTEST:
vt!LiliUf{, (j ./'14
Mar ha A. Gillett
City Secretary
APPROVED:
~ --r~<1
Clark T. Askins
City Attorney
PAGE 2
day of 8-LV>~ ,
, 2008.
CITY OF LA PORTE
1
STATE OF TEXAS §
COUNTY OF HARRIS §
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY ", and DTMT TWO, LLC,
hereinafter called "COMPANY ".
I.
COMPANY is the owner of certain real property, which is situated in CITY'S Bayport
Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties
to a current Industrial District Agreement.
II.
COMPANY is desirous of purchasing potable water from CITY for usual human domestic
consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning
considerations for the long -range potable water supply of CITY did not include the needs of property
located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide
permanent and unlimited water service. CITY agrees, however, to provide limited potable water
service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the
parties hereto agree as follows, to -wit:
III.
COMPANY has made certain representations to CITY as to its number of employees, and/or
its desired amount of potable water for limited industrial processes, as of the date of this agreement,
upon which representations CITY has relied in entering into this Agreement.
��, f 19"
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Upon review of these representations, the City has determined the following:
Number of Company Employees on site 50
Number of Contract Employees on site 0
Total on -site Employees 50
Potable Water Approved for Domestic Use
Total on -site Employees times 50 gpd per employee) 2,500
*Potable Water Approved for Industrial Processes (gpd) 0
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd) 2,500
IV.
CITY has determined that adequate facilities are available to CITY to furnish potable water to
COMPANY based on the following terms and conditions, to -wit:
(A) Company shall pay to CITY a one -time administrative connection charge of $5,000.
(B) Potable water used for Industrial Processes shall be limited to the following:
(C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay
appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing
meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box
to be approved by City.
(D) The total amount of potable water approved (average daily demand) is established at TWO
THOUSAND FIVE HUNDRED (2,500) gallons per day. This number is based on an average of
fifty (50) gallons per employee per day established by CITY, plus any amount approved for
industrial processes.
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(E) The average monthly demand of SEVENTY SIX THOUSAND TWO HUNDRED FIFTY
(76,250) gallons is established by multiplying the average daily demand by a factor of 30.5, which
shall be used to facilitate service billings.
(F) The cost of water up to the average monthly demand of SEVENTY SIX THOUSAND TWO
HUNDRED FIFTY (76,250) gallons shall be one hundred fifty percent (150 %) of the CITY'S rate
as established from time to time for commercial customers inside its corporate limits.
(G) The cost of water for amounts used in excess of the established average monthly demand shall be
two hundred percent (200 %) of the CITY'S rate as established from time to time for commercial
customers inside its corporate limits.
(H) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly
demand of SEVENTY SIX THOUSAND TWO HUNDRED FIFTY (76,250) gallons per month.
Repeated consumption greater than the established average monthly demand may result in
termination of service.
(I) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if
an emergency arises and there is not an adequate water supply to meet the needs of the citizens of
La Porte.
(J) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S
sole discretion.
(K) The total cost for the engineering design and construction of any potable water main, service line,
back flow preventer, meter or other required appurtenances will be the responsibility of
COMPANY.
(L) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of potable water to customers within the corporate limits of CITY.
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(M) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements. CITYS engineering
and code enforcement personnel shall have the right of prior review and approval of COMPANY'S
plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right
to inspect any and all work related to the furnishing of potable water to COMPANY.
(N) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to
protect CITY from any possible cross- connections.
(0) The potable water supply system will be segregated from any existing and future COMPANY fire
protection system.
(P) There shall be no resale of the water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(Q) COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. COMPANY'S
development may be subject to certain additional requirements as described in Exhibit A. These
requirements shall be shown on the site plan and approved by CITY.
(R) CITY does not guarantee its water system will provide specific water pressure and/or water
volume requirements of COMPANY.
(S) COMPANY is responsible for design of adequate and appropriate systems for fire suppression
systems to its facilities.
5
V.
All expenses of the installation of the meter; service lines from the main to the meter; and from
the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall
own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter.
VI.
CITY shall retain ownership and maintenance responsibility for its water meter(s). In the event
a State or Harris County license, permit, or permission to install the water main is revoked, or
relocation or adjustment is required, CITY will not be responsible for the expense of such relocation,
adjustment, or replacement.
VII.
CITY reserves the right of ingress and egress at all reasonable times for the purpose of reading,
maintenance, installation, removal and/or relocation of its water meter(s) and for inspection of
COMPANY'S water facilities in order to observe compliance with the terms and conditions of this
Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also
agrees to follow established health and safety policies in effect at COMPANY'S facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms and
provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects
and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten
(10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at
COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water
supply is threatened.
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to
prepare for transition to another water supply. If the transition is not complete within said six -month
period, CITY shall have the right to terminate water service at its sole discretion.
6
X.
In the event of any conflict between the terms and provisions of this Water Service Agreement
and the terms and provisions of the Industrial District Agreement between the parties, the terms and
provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of
this Agreement shall terminate on December 31, 2019. However, this Agreement shall automatically
expire at such time as there is no effective Industrial District Agreement between the parties or if CITY
exercises its right of termination.
7
?
ENTERED INTO and effective the t/ day of , 2008
— OLLC
• pang ••
Name: 1 on L. Tu;'
Title: Manager/Presi • • t
Address: 2780 Sky Park Dr., Suite 460
Torrance, CA 90505
CITY OF LA PORTE
ATTEST: CITY OF LA POR
,Itt?,(A4 By
A. Gillett on E. Porter
City Secretary Mayor
APP' O D: "As
/ . By: _� . —"
ox W. Askins Ron ry oms
City Attorney Ci anager
City Attorney City of La Porte
PO Box 1218 604 West Fairmont Parkway
La Porte, TX 77572 -1218 La Porte, TX 77571
Phone: (281) 471 -1886 Phone: (281) 471 -5020
Fax: (281) 471 -2047 Fax: (281) 471 -7168
8
This is EXHIBIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and /or Sanitary Sewer Service
Agreement between ITY a COMPANY
dated 77'
Is
CITY
COMP
ADDITIONAL REQUIREMENTS
The Agreement is amended and supplemented to include the following agreement of the parties.
COMPANY shall provide additional improvements as specifically set forth below. These
agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell
water to COMPANY pursuant to the terms of the Water Service Agreement and /or Sanitary
Sewer Service Agreement and this addendum. Said additional improvements undertaken by
COMPANY are an integral part of the consideration by COMPANY for obtaining the provision
of water and /or sanitary sewer service from CITY.
1) Storm Water Plan:
For new development COMPANY shall provide a Storm Water Management Plan
that is approved by Harris County Flood Control District and CITY. COMPANY
shall construct and maintain any storm water system as a condition of continued
water and/or sewer service.
2) Beautification Efforts:
COMPANY shall submit a Landscaping Plan subject to approval by CITY.
COMPANY shall install and maintain landscaping along its existing developed
frontage as per approved Landscaping Plan as a condition of continued water
service.
1
STATE OF TEXAS §
COUNTY OF HARRIS §
SANITARY SEWER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY ", and DTMT TWO, LLC
hereinafter called "COMPANY ".
I.
COMPANY is the owner of certain real property, which is situated in CITY'S Bayport
Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties
to a current Industrial District Agreement.
II.
COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and
unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to
COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto
agree as follows, to -wit:
in.
COMPANY has made certain representations to CITY as to its number of employees, and/or
its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement,
upon which representations CITY has relied in entering into this Agreement.
t 62/7 " "
2
Upon review of these representations, the City has determined the following.
Number of Employees on -site 50
Number of Contract Employees 0
Total on -site Employees 50
Sanitary Sewer Desired for Domestic Use
(Total on -site times 50 gpd per employee) 2,500
Sanitary Sewer Approved for Industrial Processes (gpd) 0
Total Amount of Sanitary Sewer Approved
by Company (Average Daily Demand, gpd) 2,500
IV.
CITY has determined that adequate facilities are available to allow CITY to furnish sanitary
sewer to COMPANY based on the following terms and conditions, to -wit:
(A). Company shall pay to CITY a one -time administrative connection charge of $5,000.
(B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing
Division and pay appropriate deposit.
(C). The average daily demand is established at TWO THOUSAND FIVE HUNDRED (2,500)
gallons per day. This number is based on an average of fifty (50) gallons per employee per day
established by CITY.
(D). The average monthly demand is calculated to be eighty -five percent (85 %) of the average daily
demand multiplied by a factor of 30.5, which shall be used to facilitate service billings.
(E). The cost of sanitary sewer service up to the average monthly demand of SIXTY FOUR
THOUSAND EIGHT HUNDRED THIRTEEN (64,813) gallons shall be one hundred fifty
percent (150%) of the CITY'S rate as established from time to time for commercial customers
inside its corporate limits.
3
(F). The cost of sanitary sewer service for amounts in excess of the established average monthly
demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time
for commercial customers inside its corporate limits.
(G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly demand of SIXTY FOUR THOUSAND EIGHT HUNDRED THIRTEEN (64,813)
gallons. Repeated sanitary sewer delivery greater than the established average monthly demand
may result in termination of service.
(H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the
CITY may require the suspension of use of the sanitary sewer system for periods not to exceed
thirty -six hours.
(I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to
COMPANY if an emergency arises and there is not an adequate sewer collection or treatment
capacity to meet the needs of the citizens of La Porte.
(J). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74,
Article II of the Code of Ordinances) and any subsequent amendments or revisions.
(K). The total cost for the engineering design and construction of any sanitary sewer main, service
line, lift station, meter or other required appurtenances will be the responsibility of COMPANY.
(L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of sanitary sewer service to customers within the corporate limits of CITY.
(M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet
all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and
code enforcement personnel shall have the right of prior review and approval of COMPANY'S
plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the
right to inspect any and all work related to the furnishing of sanitary sewer service to
COMPANY.
4
(N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
(0). COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. Company's
development project may be subject to certain additional requirements as described in Exhibit A.
These requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of service lines from the main to the COMPANY'S facilities
shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and
plumbing facilities.
VI.
CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or
service lines within Bayport North Industrial Park. In the event a State or Harris County license,
permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is
required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this
Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also
agrees to follow established health and safety policies in effect at COMPANY'S facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms and
provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects
and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten
(10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at
COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary
sewer system is threatened.
5
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to
prepare for transition to another sanitary sewer service provider. If the transition is not complete
within said six -month period, CITY shall have the right to terminate sanitary sewer service at its sole
discretion.
X.
In the event of any conflict between the terms and provisions of this Sanitary Sewer Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties, the
terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such
conflict. The term of this Agreement shall terminate on December 31, 2019. However, this
Agreement shall automatically expire at such time as there is no effective Industrial District Agreement
between the parties or if CITY exercises its right of termination.
6
ENTERED INTO effective the � tiay of / . , 2008.
LLC
Comp . y
By
Name: Don L. Tuffli
Title: Manager/Presid - t
Address: 2780 Sky Park Dr., Suite 460
Torrance, CA 90505
CITY OF LA PORTE
•
ATTEST: CITY OF LA POj
By:
Martha A. Gillett -1 ton E. Porter
City Secretary Mayor
APPROVED: /�
By: A �=
111..i��
Knox W. Askins on Botto r:
City Attorney i City ager
7
This is EXHIBIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and /or Sanitary Sewer Service
Agreement between CITY and COMPANY
dated / 3 -7 - 7-1- --
I i't' ,,,
CITY 4 /40/ 0 -
4#09
COMP dr
ADDITIONAL REQUIREMENTS
The Agreement is amended and supplemented to include the following agreement of the parties.
COMPANY shall provide additional improvements as specifically set forth below. These
agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell
water and/or sanitary sewer to COMPANY pursuant to the terms of the Water Service
Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional
improvements undertaken by COMPANY are an integral part of the consideration by COMPANY
for obtaining the provision of water and/or sanitary sewer service from CITY.
1) Storm Water Plan: For new development COMPANY shall provide a Storm Water
Management Plan that is approved by Harris County Flood Control District and CITY.
COMPANY shall construct and maintain any storm water system as a condition of
continued water and/or sewer service.
2) Beautification Efforts:
COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY
shall install and maintain landscaping along its existing developed frontage as per approved
Landscaping Plan as a condition of continued water service.
3) Sampling Well:
COMPANY shall install a sanitary sewer sampling well in accordance with CITY's
standards.
4) Industrial Waste Permit:
COMPANY shall submit application to CITY for industrial waste permit.
7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested June 23, 2008
Mayor Porter
Appropriation
Requested By
Source of Funds:
Department:
M>lygr >llld City CQ1111Cil
Account Number:
Report: Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Amount Requested:
Exhibits:
Exhibits:
Boards and Commissions Ordinance
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
Mayor Porter requested the City Secretary's Office to place an agenda item to change the 4b La Porte Development
Corporation Board section of the boards and commissions ordinance to replace Trent Wise with Barry Beasley.
No other changes are being recommended at this time. The Ordinance will be brought back in July for additional
changes. This will allow the City Secretary's Office to complete phone calls determining whether or not members
with term expirations are willing to serve an additional term.
cting the change from Trent Wise to Barry Beasley on the 4b Development Corporation Board.
ORDINANCE NO. 2004-2782-U
AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS,
AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
. Indicates reappointment
Section 1.
The City Council of the City of La Porte hereby
makes the following appointments to the Airport Advisory Board for
the City of La Porte Municipal Airport, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Position 1. - Debra Rihn
Position 2 . - Nick Hooke
Position 3. - *Hector Villarreal
Position 4. - * Tucker Grant
Position 5. - Steve Gillett
Position 6. - Eliminated by City Council
on 7/13/98 by Ord. 98-2265
2010
2010
2009
2009
2010
FAA Representative
William Gray
No Term
Airline Representative -
Dan Myhaver
No Term
Section 2. The City Council of the City of La Porte hereby makes
the following appointments to the Board of Directors of the City
of La Porte Reinvestment Zone Number One, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Position 1 Peggy Antone 2009
Position 2 * Da ve Turnquist 2008
Position 3 Alton Porter 2009
Position 4 *Horace Leopard 2008
position 5 Doug Martin 2009
Position 6 *J.J. Meza 2008
Position 8 *Chester Pool 2008
The City Council of the City of La Porte hereby ratifies the
following appointments by La Porte Independent School District and
Harris County:
Position 7 (LPISD) 2009
Position 9 Lindsay Pfeiffer (Harris Co.) 2009
Section 3. The City Council of the City of La Porte hereby
makes the following appointments to the Chapter 172 Employee
Retiree Insurance and Benefi ts Commi ttee, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Citizen Position 1 George Van Dyke
Citizen Position 2 Steve Valerius
Retiree Participant -
Employee Participant-
Finance Staff
H.R. Staff
Legal Staff
Alternate Pos. 1
Alternate Pos. 2
Sammy Jacobs
Karen Beerman
Michael Dolby
Clark T. Askins
Matt Daeumer
Julie Graham
No Term
No Term
No Term
No Term
No Term
No Term
No Term
No Term
No Term
Alternate position 1 may participate in all meetings of the
committee but is entitled to vote only in the absence of a regular
member; Alternate position 2 may participate in all meetings of
2
the committee but is entitled to vote only in the absence of a
regular member, where Alternate Pos. 1 member is not present, or
where more than one regular members are absent.
Section 4. The City Council of the City of La Porte hereby makes
the following appointments to the Fiscal Affairs Committee,
without term, or until their successors shall have been duly
appointed and qualified:
Date Appointed
Chairman Chuck Engelken 1998
Committee Member - Barry Beasley 2004
Committee Membe r - Howard Ebow 1998
Alternate Membe r - Louis Rigby 2004
Alternate Membe r - Tommy Moser 2004
Section 5. The City Council of the City of La Porte hereby
makes the following appointments to the Fire Code Review Board of
the City of La Porte, for terms expiring on August 31st of the
year indicated, or until their successors shall have been duly
appointed and qualified:
District 1 Tim Bird 2008
District 2 *Jeff Brown 2009
District 3 *Woodrow Sebesta 2009
District 4 *Floyd Craft 2009
District 5 Jim Bridge 2009
District 6 Lester Clark 2008
At Large-A *Bryan Moore 2009
At Large-B Paul Vige 2008
Mayor *Lynn Green 2009
3
Section 6. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Area Water
Authority, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
Position 1
Position 2
Position 3
Position 4
Position 5
Robert Roy
Dennis H. Steger
Steve Valarius
2009
2009
2009
2008
2008
Chester Pool
Section 7. The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are residents of
the City of La Porte, and no more than four of whom are elected
ci ty officials or city employees, to serve as directors of the
City of La Porte Development Corporation without compensation, but
with reimbursement for actual expenses, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Chuck Engelken 2009
*Mike Clausen 2008
Tommy Moser 2009
*Bill Love 2008
Ed Matuszak 2009
* Pat Muston 2008
Barry Beasley 2009
Section 8. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Health Authority,
4
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Health Authority Abdul R. Moosa, M.D. 2008
Alternate Robert D. Johnston, M.D. 2008
Medical Advisor/EMS Oscar Boultinghouse Contract
Section 9. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Redevelopment
Authority, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
Position 1
Peggy Antone 2009
* Dave Turnquist 2008
Alton Porter 2009
*Horace Leopard 2008
Douglas Martin 2009
*J.J. Meza 2008
Dr. Say 2009
*Chester Pool 2008
Lindsay R. Pfeiffer, Chairman 2009
The City Council of the City of La Porte hereby
makes the following appointments to the Main Street Advisory
Board, a new Board required by the Texas Historical Commission,
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Position 1- Edward Matuszak 2008
Position 2- 2008
Position 3- Bill Manning, Jr. 2008
Position 2
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9
Section 10.
5
2009
2009
2009
2010
2010
Jennifer Pfeiffer 2010
Position 10 Eliminated by Ordinance 2004-2782-
L on August 28th, 2006 by City Council action.
Position 11 Position 11 Eliminated by Ordinance 2004-2782-
L on August 28th, 2006 by City Council action.
There are also three (3) Ex Officio members of this Board:
1 the City of La Porte's Main Street Coordinator
2 the City Manager of the City of La Porte, or his
designee
the Manager of the La Porte-Bayshore Chamber of
Position 4-
Position 5-
Position 6-
Position 7-
Position 8-
Position 9-
Position 10
3
Erik Nelson
*Jerry Carpenter
Mark Follis
Commerce
Section 11. The City Council of the City of La Porte hereby
makes the following appointments to the City of La Porte Planning
and Zoning Commission, for terms expiring on August 31st of the
year indicated, or until their successors shall have been duly
appointed and qualified:
Chairman * Pat Muston 2009
District 1 Doretta Finch 2008
District 2 *Nick Barrera 2009
District 3 *Kirby Linscombe, Jr. 2009
District 4 Dottie Kaminiski 2010
District 5 Paul Berner 2010
6
District 6 Claude Meharg 2008
Alternate 1 Hal Lawler 2010
Alternate 2 Les Bird 2008
Section 12. The City Council of the City of La Porte hereby
makes the following appointments to the Southeast Texas Housing
Finance Corporation Board of Directors, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Director
*Patricia Muston
2009
Section 13. The City Council of the City of La Porte hereby
makes the following appointments to the Zoning Board of
Adjustment, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
Position 1 Chester Pool 2009
Position 2 Bob Capen 2009
Position 3 Rod Rothermel 2009
Position 4 Charles Schoppe 2009
Position 5 George W. Maltsberger 2009
Alternate 1 *Lawrence McNeal 2008
Alternate 2 *Gilbert Montemayor 2008
The City Council of the City of La Porte hereby designates
George W. Maltsberger, of Position 5, to serve as Chairman of the
Zoning Board of Adjustment until the expiration of the member's
term of appointment as designated in this section, or until their
successor shall have been duly appointed and qualified.
7
Section 14. The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are resident
electors of the City of La Porte or non-resident individuals
owning or operating a business within the City of La Porte, duly
verified by proof of an applicable tax statement or utility
account for such business, and each of whom the City Council deems
competent to serve on such Board by virtue of their experience and
training in matters pertaining to building construction, and none
of whom are employed by the City of La Porte, to serve as members
of the Building Codes Appeals Board for terms expiring on August
31st of the year indicated, or until their successors shall have
been duly appointed and qualified:
Position 1 Torn Campbell 2010
Position 2 Terry Bunch 2010
Position 3 Paul Larson 2009
Position 4 Ron Holt 2009
Position 5 Ken Schlather 2008
Position 6 John Elfstrom 2008
Position 7 Bruce Compton 2008
Section 15. The City Council of the City of La Porte hereby
makes the following appointment to the Fire Fighters Pension Board
of Trustees, to serve without term or until his successor shall
have been duly appointed and qualified:
City Council Representative *John Joerns No Term
Section 16. The City Council of the City of La Porte hereby
makes the following appointments to the Animal Shelter Advisory
8
Committee, without term, or until their successors shall have been
duly appointed and qualified:
veterinarian - Donna Medford, DVM No Term
Rabies Control Authority - Richard Reff No Term
Animal Control Officer - Clarence Anderson No Term
Animal Welfare Rep. - Dana Dicker No Term
City Council At-large Pos. A - Georgia Malone No Term
Section 17. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this
ordinance shall, for any reasons, be held invalid, such invalidity
shall not affect the remaining portions of this ordinance, and it
is hereby declared to be the intention of this City Council to
have passed each section, sentence, phrase or clause, or part
thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared
invalid.
Section 18. All ordinances or parts of ordinances in
conflict herewith are repealed to the extent of such conflict
only.
Section 19. The City Council officially finds, determines,
reci tes, 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
9
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 20. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this~day of ~~
, 2008.
By:
ATTEST:
-A aut e:tf/I
Martha A. illett
City Secretary
APPROVED:
c~~Z:~,
Assistant City Attorney
10
8
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 23. 2008
Budl!:et
Requested By: .Tl'ff Snees
Source of Funds:
Department:
Emergell!:)' Mauagemellt
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
This is an ordinance requiring hotel and motels to post standardized shelter in place information in all rooms.
The recent Hotel construction has become a challenge at communicating to visitors what alarms mean and steps they
need to take should a chemical emergency arise. The LEPC and Emergency Management office has tried to work
with the Hotel owners and managers to help guide them in the protection of their guests. Weare falling short in this
area and need to take more action to communicate to visitors about their current surroundings and what to do in an
emergency.
After doing much research it has been found that no other city or county across America has such a requirement. We
would be the first at taking such a proactive step in protecting visitors in our City.
Council A enda
Date
ORDINANCE NO. 2008 ,~O~S-
AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY ADDING NEW DIVISION 3
"SHELTER IN PLACE"; ADDING NEW SECTION 34-65 "POSTING OF SHELTER
IN PLACE NOTICES IN HOTEL AND MOTEL ROOMS"; ADDING SECTION 34-66
"PENALTIES FOR VIOLATION OF DIVISION", AND AMENDING APPENDIX-B
"FINES"; PROVIDING A PENALTY OF $500 FOR EACH OFFENSE; PROVIDING
A SEVERABLITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE;
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS:
Section 1. That Chapter 34 "Environment", of the Code of
Ordinances of the City of La Porte, Texas is hereby amended by
amending Article II "Air Pollution", Division 2 "Smoking", Sees.
34-60-34-90, "Reserved", which said section shall read as
follows:
"Sees. 34-60--34-64. Reserved."
Section 2. That Chapter 34 "Environment" of the Code of
Ordinances of the City of La Porte, Texas is hereby amended by
adding new Division 3 "Shelter in Place Regulations", to Article
II "Air Pollution", which said Division shall read as follows:
"DIVISION 3. SHELTER IN PLACE REGULATIONS
Sec. 34-65. Posting of Shelter in Place Notices in Hotel and
Motel Rooms.
Every person owning, operating, managing or controlling any
hotel, as that term is defined in Section 66-121 of this Code,
shall post or display in a conspicuous place on the inside of
the door of every private quarter made available to the public
in such facility, a written notice containing Shelter in Place
emergency procedure guidelines, as are promulgated by the La
Porte Local Emergency Planning Committee. Shelter in Place
emergency procedure guidelines shall be made available in the
Office of Emergency Management of the City of La Porte.
Sec. 34-66. Penalty for violation of division.
(a) A person who violates any provision of this division shall
be guilty of a class C misdemeanor and upon conviction shall be
fined an amount not exceeding $500.00.
(b) Neither allegation nor evidence of a culpable mental state
is required for the
division, during the
criminal proceeding.
proof of an
prosecution
offense
of such
defined
offenses
in
in
this
any
Sees. 34-67-34-90. Reserved."
Section 3.
Article II.
City of La
"Shelter in
That Appendix-B "Fines", Chapter 34 "Environment",
"Air Pollution", of the Code of Ordinances of the
Porte, Texas is hereby amended by adding Division 3
Place Regulations", which shall read as follows:
Division 3. "Shelter in Place Regulations"
(a) Fine for violation of division 3, Shelter in
Regulations
Place
$500
Section 4. Open Meetings. The City Council officially finds,
determines, recites, and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of
the City Council was posted at a place convenient to the public
at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during
which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and
the contents and posting thereof.
Section 5. Severability. Should any section or part of this
ordinance be held unconstitutional, illegal, or invalid, or the
application to any person or circumstance for any reasons
thereof ineffective or inapplicable, such unconsti tutionali ty,
illegali ty, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining
portions thereof; but as to such remaining portion or portions,
the same shall be and remain in full force and effect and to
this end the provisions of this ordinance are declared to be
severable.
Section 6. Effective Date. This Ordinance shall be effective
fourteen (14) days after its passage and approval. The City
Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the
newspaper of the City of La Porte at least twice within
days after the passage of this ordinance, in accordance
provisions of Chapter 52, Texas Local Government Code,
City of La Porte Charter.
official
ten (10)
with the
and the
PASSED AND APPROVED on the first reading on the 23rd day of June
2008.
By:
ATTEST:
Yt;~d
Martna A. Gillett
City Secretary
APPROVED:
vtuA 7: rl4.~
Cl rk T. Askins
Assistant City Attorney
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 23, 2008
Appropriation
Requested By: Stephen L. Barr
Source of Funds:
Fund 038
Department:
Parks & Recreation Department
Acc't Number:
Report: _Resolution: _Ordinance: X
Amount Budgeted:
Exhibits:
Amended Project Cooperation Agreement Amount Requested:
308,161
Exhibits:
Budl1eted Item:
YES
NO X
SUMMARY & RECOMMENDATION
Earlier in the year City Council approved a Project Cooperation Agreement with the Texas General
Land Office (TGLO) to partially fund the Sylvan Beach Shoreline Protection and Beach Nourishment
Project through the Coastal Erosion Planning and Response Act (CEPRA). The engineering firm that
designed and is administering the project for the state has submitted an estimated cost of construction of $3.2
million to fund the project. That estimate exceeds the proposed budget of $2.5 million that is currently
allocated for the project under the current agreement. In order for the state to approve the project for letting,
sufficient funding must be in place to meet the estimated cost.
The Texas General Land Office has proposed an ainendment to the Agreement that will increase the
project funding to $3,583,333 which will be sufficient to allow for bidding, plus some surplus funding for
contingency, if needed. With this amendment to the agreement, TGLO has added $750,000 of state money to
the project, and increased their share to 60% which reduces our share for the local match from 45% to 40%
from $1,125,172, to $1,433,333, or an additional $308,161 for the project.
Harris County has executed their agreement to pay up to $600,000 as their match for the project.
The additional funding required to make the project happen is $270,747. This money is available through the
La Porte Development Board funds, and while the board has agreed to participate in the project, the funding
is contingent upon approval by the La Porte Development Corporation Board. Please note that all the
funding discussed at this point are estimates. We are committing funds for 40% of the actual project costs,
not the estimates; so we won't know how much the beach restoration and shoreline protection will actually
cost until after the project is let, and bids are received. This amendment guarantees up to $750,000 additional
funds from the Texas General Land Office, and our additional $308,161, if needed.
Staff recommends approval of the amendment to the Project Cooperation Agreement to protect the
Sylvan Beach Park shoreline from future deterioration and to restore the historic beach to Sylvan Beach. This
project will have a tremendous positive recreational as well as economic impact on our city.
Action Required bv Council:
Consider approval of: AN ORDINANCE APPROVING. AND AUTHORIZING AN AMENDMENT TO THE
ECT COOPERATION AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS GENERAL
OFFICE TO PROVIDE CONSTRUCTION, CONSTRUCTION MONITORING, AND ADMINISTRATIVE
CES FOR THE SYLVAN BEACH SHORELINE PROTECTION AND BEACH NOURISHMENT PROJECT
ING TO THE TERMS OF THE AMENDMENT PROVIDED.
Date
ORDINANCE NO. 2008- ,~%
AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDED PROJECT
COOPERATION AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS
GENERAL LAND OFFICE TO PROVIDE CONSTRUCTION, CONSTRUCTION
SERVICES, AND ADMINISTRATIVE SERVICES FOR THE SYLVAN BEACH
SHORELINE PROTECTION AND BEACH NOURISHMENT PROJECT ACCORDING TO
THE TERMS OF THE AGREEMENT PROVIDED; APPROPRIATING ADDITIONAL
FUNDING OF $308,161.00 FOR A TOTAL OF $1,433,333.00 TO FUND SAID
AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement, or
other undertaking described in the title of this ordinance, a copy of which is on file in the office of
the City Secretary. The City Manager is hereby authorized to execute such document and all related
documents on behalf ofthe City of La Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal ofthe City to all such documents. The City Council appropriates
additional funding in the sum not to exceed $308,161.00 for the Sylvan Beach Shoreline Protection
and Beach Nourishment from the 038 Fund, to fund the City's share of said Agreement, but said
appropriation shall be contingent upon La Porte Development Corporation Board approval for
expenditures for said project, and subsequent City Council approval of the La Porte Development
Corporation Board's decision. In the case that either the La Porte Development Corporation or the
City Council denies approval for expenditures for said project, the subject contract shall be declared
null and void.
Section 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice ofthe date, hour, place, and subject ofthis 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
Page 1 0[2
preceding this meeting, as required by the Opentyieetings 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 thereofhasbeen discussed, considered and formally acted
upon. The City Council further ratifies, appr~)Ves, and confirms such written notice and the contents
and posting thereof.
Section 3. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AND APPROVED, this 23 RD day of JUNE 2008.
CITY OF LA PORTE
By:
Alton E. Porter,
Mayor
ATTEST:
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
{ld ~~~
C1ar T. Askins,
Assistant City Attorney
Page 2 of2
and expenditures not in accordance with the Project Budget in Attachment C-l
may not be used to offset the Partner Match.
b. In-kind goods or services provided by the Qualified Project Partner after
entering into this Agreement may be used to offset the Qualified Project Partner's
shared costs for the project provided the Qualified Project Partner presents the GLO
with reasonable basis for estimating the monetary value of those goods or services.
For an in-kind Partner Match, valuing and accounting determinations should be
provided to the GLO within thirty (30) days of construction bid posting with Texas
Marketplace, and include a description of the Partner Match, how it is to be provided,
and a time line for providing it over the course of the Agreement. All in-kind Partner
Match determinations are subject to the review and approval of the GLO. The
decision to allow any in-kind goods or services to offset cost-sharing requirements is
in the sole discretion of the GLO. All in-kind Partner Match requirements must be
accounted for before the expiration of this Agreement.
c. For the cash Partner Match, a sum equal to forty percent (40%) ofthe prior
month's Project expenses shall be due each month. This match contribution should
be submitted to:
Texas General Land Office
Coastal Erosion Planning and Response Act (CEPRA)-MATCH
Mail Code 151
P.O. Box 12873
Austin, TX 78711-2873
Attn: Dianna Gordon
3. Except as amended and modified by this Amendment No.1, all terms and conditions of
the Agreement shall remain in full force and effect.
GENERAL LAND OFFICE
CITY OF LA PORTE
~lerld
Deputy Land Commissione
Date of execution: ~
M~~~
C}V / A.G.C@.{ \
G.c.~
te
~rd:
Title: c7ry M 11A//JGER
Date of execution: .6~;J /08
I I
GLO Contract No. 08-090-000
Amendment No.1
Page 2 of2
PROJECT COOPERATION AGREEMENT
FOR FINAL DESIGN, BIDDING AND CONSTRUCTION FUNDING
FOR
SYLVAN BEACH SHORELINE PROTECTION AND BEACH NOURISHMENT
GLO CONTRACT No. 08-090-000
CEPRA PROJECT NO. 1404
AMENDMENT No.1
The GENERAL LAND OFFICE (GLO) and the CITY OF LA PORTE, TEXAS (Qualified
Project Partner), parties to that certain Project Cooperation Agreement (Agreement) effective
February 1, 2008, and denominated GLO Contract No. 08-090-000, now desire to amend the
Agreement.
WHEREAS, additional funding is required for successful completion of the construction
phase of the project; and
WHEREAS, the parties desire to increase the Budget of the Agreement to allow for
successful completion of the Project;
NOW THEREFORE, the GLO and Qualified Project Partner hereby agree to amend and
modify the Agreement as follows:
1. Section 1.03. of the Agreement, PROJECT BUDGET, is hereby amended and
modified by replacing the existing Budget with the Revised Budget attached hereto
and incorporated herein for all purposes as Attachment C-1, in an amount not to
exceed the sum of THREE MILLION FIVE HUNDRED EIGHTY-THREE THOUSAND
THREE HUNDRED THIRTY-THREE DOLLARS ($3,583,333.00). The amount payable
from the Account under this Agreement shall not exceed Two MILLION ONE
HUNDRED FIFTY THOUSAND DOLLARS ($2,150,000.00). In the event the parties agree
that additional tasks and/or funds are required for the completion of the Project, an
amendment to this Agreement shall be executed.
2. Section 3.01 PARTNER MATCH of the Agreement is hereby deleted and replaced by
the following language:
3.01. PARTNER MATCH. a. The Qualified Project Partner shall be responsible
for at least forty percent (40%) of the shared project costs as set forth in this
Agreement (Partner Match) and may be subject to a Partner Match exceeding this
minimum amount. The Qualified Project Partner acknowledges that costs
incurred by the Qualified Project Partner before entering into this Agreement
GLO Contract No. 08-090-000
Amendment No.1
Page 1 of2
ATTACHMENT C-l
GLO CONTRACT No. 08-090-000
AMENDMENT No.1
REVISED BUDGET
AMENDED BUDGET
Sylvan Beach Shoreline Protection and Beach Nourishment Project
CEPRA Project NO. 1404
Attachment ~- i !J'
Contract No. /)g-O~()jr)1-0
Page ---1- of f
PROJECT COSTS
ORIGINAL ADDED AMENDED
CONTRACTUAL BUDGET FUNDS BUDGET
Task 1. Engineering Design Update, Bidding Services, Project
Construction and Construction Management $2,525,172.00 $1,058,161.00 $3,583,333.00
TOTAL PROJECT COST NOT TO EXCEED $2,525,172.00 $1,058,161.00 $3,583,333.00
COST SHARING SUMMARY
QUALIFIED PROJECT PARTNER (QPP): 40% of total project costs
QPP Cash Commitment (City of LaPorte, Harris County) $1,125,172.00 $308,161.00 $1,433,333.00
QPP In-kind Commitment $0.00 $0.00 $0.00
QPP's TOTAL CONTRIBUTION* $1,125,172.00 $308,161.00 $1,433,333.00
CEPRA: 60% of total project costs
CEPRA's TOTAL CONTRIBUTION $1,400,000.00 $750,000.00 $2,150,000.00
TOTAL PROJECT CONTRIBUTIONS $2,525,172.00 $1,058,161.00 $3,583,333.00
· Please specify when using historically underutilized business as required by state law.
1404 peA Budget Page Amendment 1.xls
5/22/20082:23 PM
1
10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
June 23, 20~
D. Wilmore rf
Plannin~ G
Budl!et
Requested By:
Source of Funds:
Department:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Ordinance #2003-2623-B
Amount Requested:
Exhibits:
Exhibits:
Budgeted Item: YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Ordinance #2003-2623-A [implementing a (6") weed height otllQtsand 12': on acreage] was passed by City Council
at their January 14,2008 meeting. Since that implementation of the 6" regulation, citizens have expressed concerns
to staff and Council.
A June 09, 2008 workshop was held to discuss existing weed regulations and fees. While fees are not proposed to
change, there is a proposal to change the weed height. Council asked that an ordinance be prepared for the June 23,
2008 regular meeting and a final decision on the new height will be made at that time.
Also, the City Attorney's office is recommending that an unrelated provision added in the January amendment that
reads as follows: "Neither allegation nor evidence of a culpable mental state is required for the proof of an offense
defined in this chapter, during the prosecution of such offenses in any criminal proceeding", be removed. This is
because it was determined that if the City wants to imposes fines higher than $500 - and this ordinance imposes a
maximum fine of $2000- the City must allege and prove that a violator "intentionally or knowingly" allowed weeds
to exceed the maximum allowable height, in cases in Municipal Court.
ORDINANCE NO. 2003-2623-B
AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE IV.
"UNSANITARY, UNSIGHTLY CONDITIONS ON PRIVATE PREMISES," SECTION 34-126
"DEFINITIONS", REGARDING MAXIMUM ALLOWABLE HEIGHT OF WEEDS ON
LOTS AND ACREAGE IN CITY; SECTION 34-127 "ENFORCEMENT OF ARTICLE";
PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY
OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 34, "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-126 "Definitions," of the Code of Ordinances, La Porte, Texas,
is hereby amended by amending the existing definition for the term "weeds", to be included in
said section in proper alphabetical sequence, and which definitions shall read as follows:
"Weeds means all rank and uncultivated vegetable growth or matter which has grown to more
than-flt.l#'I1L inches (/J.- ") on lots and f'l~.lee/} inches ~") on acreage or which,
regardless of height, is liable to become an wholesome or decaymg mass or a breedmg place
for mosquitoes or vermin."
Section 2: That Chapter 34, "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-127 "Enforcement of article", of the Code of Ordinances, La
Porte, Texas, is hereby amended to read as follows:
"Sec. 34-127. Enforcement of article.
The terms and conditions of this article shall be enforced by the director of planning or
his duly designated agents. It is unlawful and, unless otherwise declared in this chapter with
respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail
to perform any act required in this article."
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or Circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions ofthis ordinance are declared to be severable.
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 6. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least twice within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this th:JJtJ day of F ' 2008.
CITY OF LA PORTE
By:
ATTEST:
L1Ji!tW1J1~
City Secretary
APP~
t M;:-~
City Attorney
2
11
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: June 23, 2008
Requested By: Tim Tietiens (l(j'
Department: PlanniDl!
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: ~
Amount Requested: N/A
Exhibits:
1. Ordinance for Sewer Service Agreement
2. Sanitary Service Agreement
3. Area Map
Budgeted Item: _YES -X-NO
SUMMARY & RECOMMENDATION
FR/CAL INTERPORT, LLC, developer of the Interport Distribution Center (13301 Bay Area Blvd.) has
requested sanitary sewer service from the City for its recently-constructed facility in the Bayport Industrial
District (See Exhibit "C").
Council has approved a policy to provide water and/or service to companies located within the City's
industrial districts. These companies must maintain a current Industrial District Agreement (IDA) with the
City. FR/CAL INTERPORT, LLC, maintains a current IDA with the City and desires to pursue sanitary
sewer service under the terms of this policy.
Based on the company's stated demand for sanitary sewer, the average daily demand is 22,450 gallons per
day (gpd) which is within the policy's limit of 30,000 gpd. The company will pay one and one-half (1-%)
times the City's current sewer rate and is also subject to Sanitary Sewer Service Agreement (SSSA)
administrative fees in the amount of $15,000.
To obtain sewer service from the City, FR/CAL INTERPORT, LLC will extend a 4" force main from Fairmont
Parkway along Bay Area Blvd. to its site. In negotiations, the Company has agreed to construct an
additional sanitary sewer lead across Bay Area Blvd. as part of the construction project. This sewer lead will
provide service to the City's 80 acre tract on Bay Area Blvd. which is currently being marketed for sale.
FR/CAL INTERPORT, LLC will also assume all maintenance responsibilities for the force main until such
time that a Sanitary Sewer Service Agreement is executed between the City and the owner of any
subsequent development on the City's 80 acre tract.
The term of FR/CAL INTERPORT, LLC's Sanitary Sewer Service Agreement will expire on December 31,
2019, plus any renewals and extensions thereof. However, its agreements automatically expire at such time
there is no effective Industrial District Agreement between the parties or if the city exercises the right of
termination.
Recommendation:
Staff recommends approval of a Sanitary Sewer Service Agreement with FR/CAL INTERPORT, LLC as
described herein.
Ron Bottoms, City Manager
~~/o8
Date
ORDINANCE NO. 2008- ~Og1
AN ORDINANCE APPROVING AND AUTHORIZING A SANITARY SEWER SERVICE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND FR/CAL INTERPORT,
LLC; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The
City
Council
hereby
approves
and
authorizes
the
contract,
agreement,
or
other
undertaking
described in the title of this ordinance, in substantially the
form as shown in the document which is attached hereto and
incorporated herein by the reference.
The City Secretary is
hereby authorized to attest to all such signatures and to affix
the seal of the City to all such documents.
The City Manager is
hereby authorized to execute said contact, agreement, or other
undertaking described in the titl~ of this ordinance.
Section 2.
The
City
Council
officially
finds,
determines, recites, and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of
the City Council was posted at a place convenient to the public
at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during
which this ordinance and the subj ect matter thereof has been
discussed, considered and formally acted upon.
The City Council
further ratifies, approves and confirms such written notice and
the contents and posting thereof.
Section 3.
This ordinance shall be effective from and
after its passage and approval, and it is so ordered.
ORDINANCE NO. 2008- 507;1
PAGE 2
PASSED AND APPROVED, this 231J day of p'{~€-J
, 2008.
CITY OF LA PORTE
By:
ATTEST:
~tldItL tl0ld
Martha A. Gillett
City Secretary
APPROVED:
~ r I4LA
Clark T. Askins
Assist. City Attorney
......-.,.
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 23, 2008
Bud{!et
Requested By: Ron Bottoms
Source of Funds:
Department:
Administration
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Sales Tax Notice - Tax Options
Amount Requested:
Exhibits:
Exhibits:
LGC - Fire/Emer{!encv Districts
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
During the recent budget retreat with the council I discussed the possibility of implementing a Fire Control,
Prevention, and Emergency Medical Services District utilizing a V. cent of the sales tax collections, increasing our
sales tax rate from 8% to 8.25%. This V. cent sales tax would generate roughly $700,000 annually and would be
used to prepare, and pay for, the third ambulance implementation and to offset general fund expenditures. Chief
Boaze will be available at Monday night's meeting to discuss this item with you. I've attached a notice published by
the States Comptroller Office on "City Sales Tax Options" and have included the pertinent sections of the Local
Government Code dealing with this issue. As you know, this would require a vote of the citizenry - November
election.
~ Jd ~8
Date
city in carrying out programs related to a wide
variety of projects including public parks and
business development.
\/~rime Control and Prevention District Tax** (one-
'f(;;ghth, one-fourth, three-eighths or one-half of 1
percent) - Subject to voter approval, this sales tax
can be imposed by a city located in a county with a
population of more than 5,000 or by a county with a
population of more than 130,000. The governing body
in a municipality or commissioners court may specify
ales Tax for Property Tax Relief (one-eighth, one- the number of years (5, 10, 15 or 20) the district would
fourth or one-half of 1 percent) - This "additional sales be continued. Revenues from the sales tax may be
tax" can be imposed by most incorporated cities {there used to finance a wide variety of crime control and
are exceptions in certain counties with rapid transit prevention programs. (Chapter 363, Local Government
systems), and revenues are deposited into a city's Code & See. 323.105, Tax Code)
general revenue fund. Cities adopting this form of loca*
sales tax must reduce the effective and rollback propert Venue Tax "Stadium Bill" {one-eighth, one-fourth,
tax rates within the city. (Chapter 321 Tax Code) three-eighths or one-half of 1 percent) - This sales tax
is one of several revenue options available to a city to
Counties and hospital districts that impose an ad fund sports and community "venue" projects. Multiple
valorem tax may also levy this form of sales tax, but at cities and counties in any combination may join to form
different rates. a venue district under Chapter 335, Local Government
Code, as well. Some examples of a "venue" are a stadium,
convention center, park or economic development-type
facility. (Chapters 334 and 335, Local Government Code)
SEPTEMBER 2007
A city, county or special purpose district cannot adopt
a sales tax if the combined rate of all local sales taxes
would exceed 2 percent at any location within its
territorial limits.
Regular Sales Tax (1 Percent) - Most cities in Texas
have this form of sales tax. It can be imposed by any
incorporated city. Revenues are deposited into the city's
general revenue fund and may be used for any lawful
purpose. (Chapter 321, Tax Code) (1 percent only)
Sales Tax for Economic Development (one-eighth,
one-fourth, three-eighths or one-half of 1 percent)-
Two options (under Tex. Rev, Civ. St. art. 5190.6-the
Development Corporation Act of 1979) are available for
a city to adopt this tax:
Option #1 - See. 4A - This form of tax can be
imposed by most incorporated cities. (There
are exceptions in certain counties with mass
transit systems). Revenues must be turned over
to a development corporation formed to act
on behalf of the city in carrying out programs
related to industrial development and the
promotion of new and expanded business
enterprises that create or retain primary jobs.
Option #2 - See. 48 - This form of tax can be
imposed by any incorporated city. Revenues
must be turned over to a development
corporation formed to act on behalf of the
Street Maintenance Sales Tax (one-eighth or one-
fourth of 1 percent) - All cities are authorized to hold
an election to adopt a sales tax to repair and maintain
existing city streets. The tax expires after four years
unless a new election is held to reauthorize the tax. The
revenue from this tax can only be used to maintain and
repair existing city streets. (Chapter 327, Tax Code)
~ire Control, Prevention, and Emergency Medical
~ ~ervices (EMS) Districts ** (one-eighth, one-fourth,
three-eighths or one-half of 1 percent) - Cities with a
population between 25,000 and 550,000 or more than
1.9 million may create an EMS district. The district may
include all or any part of a city. The district may finance
the operation of a fire control, prevention, and EMS
program. (Chapter 344, Local Government Code and Tax
Code, Section 321.106)
Municipal Development Corporation (one-eighth,
one-fourth, three-eighths or one-half of 1 percent)-
Chapter 377, Local Government Code, also known as
the "Better Jobs Act," allows a city to create a municipal
development corporation to undertake projects to
provide job training, early childhood education, after-
school programs, scholarships, literacy promotion and
other projects. Voters in the city may authorize adoption
of a sales tax to fund activities of the corporation.
(Chapter 379A, Local Government Code)
Municipal Development Districts ** (one-eighth, one-
fourth, three-eighths or one-half of 1 percent) - Chapter
377, Local Government Code, authorizes cities to hold
an election in all or part of a city, including the extra
territorial jurisdiction, to create a municipal development
district and adopt a sales tax to fund the district. The
district could undertake a variety of projects including
a convention center, civic center, auditorium and other
projects eligible under Tex. Rev. Civ. St. art. 5190.6 See.
4B(a). (Chapter 377, Local Government Code)
Metropolitan and Rapid Transit Authoritiesl
Municipal Transit Departments ** (one-quarter,
one-half and three-fourths of 1 percent or 1 percent)
- In certain instances, authorities may be created to
levy a sales tax upon voter approval for providing
transportation services in participating cities. These
are not offered statewide to all cities and are generally
found in metropolitan areas. Cities may opt to join
and, in some cases, withdraw from an authority with
voter approval. The tax rate is generally authorized to
be implemented in increments of one-quarter of one
percent under section 453.401, Transportation Code.
(Chapters 451,452, and 453, Transportation Code/
Chapter 322, Tax Code)
** This tax is actually imposed by a board, municipality,
district or authority for the benefit of the district
or authority, and is included in this list because
the district or authority is essentially created by or
through an action of and for the benefit of the city.
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LOCAL GOVERNMENT CODE
CHAPTER 344. FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL
SERVICES DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 344.001. SHORT TITLE. This chapter may be cited as the
Control, Prevention, and Emergency Medical Services District
Fire
Act.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. I, eff. June I, 2001.
Sec. 344.002. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of
a
district.
(2) "Director" means a member of a board.
(3) "District" means a fire control, prevention, and
emergency medical services distr ict created under this chapter.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. I, eff. June 1,2001.
Sec. 344.003. LIABILITY OF STATE. The state is not
obligated for the support, maintenance, or dissolution of a
distr ict cr eated under this chapter.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. I, eff. June I, 2001.
SUBCHAPTER B. CREATION OF DISTRICT AND TEMPORARY BOARD
Sec. 344.051. AUTHORITY OF MUNICIPALITY TO PROPOSE
DISTRICT. (a) The governing body of a municipality with a
population of not less than 25,000 nor more than 550,000, or a
municipality with a population of more than 1. 9 million, may
propose the creation of a fire control, prevention, and emergency
medical services distr ict under this chapter.
(b) The proposed distr ict may include all or any part of the
municipality.
(c) Except as provided by Subsection (f), a district may be
created inside the boundaries of an emergency services district
operating under Chapter 775 or 776, Health and Safety Code, only if
the governing body of the emergency services district gives its
written consent by order or resolution not later than the 60th day
after the date the governing body receives a request for its
consent.
(d) If the governing body of the emergency services distr ict
consents to the inclusion of territory inside its geographic
boundaries, the territory may be included in the district in the
same manner as other territory is included under this chapter.
(e) The consent of the governing body of the emer gency
services distr ict to include terr itory in the distr ict and to
initiate proceedings to create a district as prescribed by this
chapter expires six months after the date on which the consent is
given.
(f) Subsection (c) does not apply if:
_ (1) on the_ effective date of this chapter, the
municipality is providing fire suppression and prevention services
and emergency medical services; or
(2) the fire control, prevention, and emergency
medical services plan of the proposed district proposes emergency
services that, on the effective date of this chapter, were not
provided by any rural fire prevention district or emergency
services distr ict inside the boundar ies of the municipality.
(g) If the voters in a municipality with a population of
more than 1.9 million create a fire control, prevention, and
emergency medical services district under this chapter, the fire
department shall comply with the minimum standards established by
the National Fire Protection Association or its successor in
function regarding fire protection personnel operating at
emergency incidents.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. I, eff. June 1,2001.
Amended by Acts 2003, 78th Leg., ch. 1204, Sec. 2.004, eff. Sept. I,
2003.
Sec. 344.052. TEMPORARY BOARD. (a) Not later than the
60th day after the date the governing body proposes to create a
distr ict under this chapter, the governing body shall appoint seven
per sons to serve as temporary dir ector s of the distr ict. The
temporary directors must reside in the proposed distr ict.
(b) Not later than the 75th day after the date the governing
body proposes to create the district, the temporary board shall
conduct a meeting to organize the board. The temporary directors
shall elect one of its members as presiding officer of the board at
that meeting.
(c) A temporary director other than the presiding officer
may designate another person to serve in the director's place.
1
---
(d) The governing body shall fill a vacancy in the office of
a temporary director in the same manner that it originally filled
the vacant position.
(e) The term "governing body" in this section means the
mayor if the municipality creating the district has a population of
1.9 million or mor e.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1, 2001.
Sec. 344.053. ELECTION REQUIRED. A proposed district may
be created and a distr ict tax may be author ized only if the creation
and the tax are approved by a majority of the qualified voters of
the proposed distr ict voting at an election called and held for that
purpose.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1, 2001.
Sec. 344.054. CONFIRMATION ELECTION ORDER. (a) The
temporary board may call and hold a confirmation election only
after the board adopts plans under Sect ion 344.061.
(b) An order calling an election under Subsection (a) must
state:
(1) the nature of the election, including the
proposition that is to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open;
(4) the location of the polling places;
(5) a summary of the proposed district's budget plan
and fire control, prevention, and emergency medical services plan;
and
(6) the proposed rate of the sales and use tax for the
district.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1,2001.
Sec. 344.055. SALES AND USE TAX. (a) A municipality that
creates a district shall adopt a sales and use tax under Section
321.106, Tax Code, for financing the operation of the district. The
proposed rate for the district sales and use tax imposed under
Subchapter B, Chapter 321, Tax Code, may be only:
(1) one-eighth of one percent;
(2) one-fourth of one percent;
(3) three-eighths of one percent; or
(4) one-half of one percent.
(b) A sales and use tax adopted under this chapter may be
charged in addition to any other sales and use tax authorized by
law, and is included in computing a combined sales and use tax rate
for purposes of any limitation provided by law on the maximum
combined sales and use tax rate of political subdivisions.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1,2001.
Sec. 344.056. NOTICE OF ELECTION. In addition to the
notice required by Section4.Q03(c), Election Coqe, the temporary
directors of a proposed distr ict shall give notice of an election to
create a district by publishing a substantial copy of the election
order in a newspaper with general circulation in the proposed
district once a week for two consecutive weeks. The first
publication must appear before the 35th day before the date set for
the election.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1,2001.
Sec. 344.057. ELECTION DATE. The election shall be held on
the next uniform election date authorized by Section 41.001(a),
Election Code, after the date on which the election is ordered that
affords sufficient time for election procedures to be carr ied out.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1,2001.
Sec. 344.058. BALLOT PROPOSITION. The ballot for an
election to create a district shall be printed to permit voting for
or against the proposition: "The creation of the (name of
the municipality proposing to create the district) Fire Control,
Prevention, and Emergency Medical Services District dedicated to
fire safety and emergency medical services programs and the
adoption of a proposed local sales and use tax at a rate of
(rate specified in the election order)."
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1, 200l.
Sec. 344.059. CANVASSING RETURNS. (a) Not ear lier than
the second day and not later than the 13th day after the date of the
election, the temporary board shall meet and canvass the returns of
the election.
(b) If a majority of the votes cast in the election favor the
creation of the district, the temporary board shall issue an order
declaring the district created.
(c) If less than a majority of the votes cast in the election
2
favor the creation of the district, the temporary board may order
another election on the matter not earlier than the first
anniversary of the date of the preceding election.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.060. DISSOLUTION OF TEMPORARY BOARD. If a
district has not been created under this chapter before the fifth
anniversary of the date a district is first proposed by the
governing body or mayor, as appropr iate, under Section 344.051:
(1) the temporary board is dissolved on that date; and
(2) the proposed distr ict may not be created under
this chapter.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.061. FIRE CONTROL, PREVENTION, AND EMERGENCY
MEDICAL SERVICES PLAN AND BUDGET PLAN. (a) The temporary board
shall develop and adopt a two-year fire control, prevention, and
emergency medical services plan and a two-year budget plan. The
fire control, prevention, and emergency medical services plan must
include:
(1) a detailed list of the fire control, prevention,
and emergency medical services strategies to be supported by the
distr ict ; and
(2) the method of evaluating each
effectiveness and efficiency of individual fire
prevention, and emergency medical services strategies.
(b) The budget plan must include:
(1) the amount of money budgeted by the district for
each fire control, prevention, and emergency medical services
strategy;
(2) the amount of money budgeted by the district and
the percentage of the total budget of the district for
administration, with individual amounts showing the cost of the
administration that would be conducted by the distr ict and the cost
of administration that would be conducted by private or public
entities;
(3) the estimated amount of money available to the
distr ict from all sources dur ing the subsequent year;
(4) the account balances expected at the end of the
years for which the budget is prepared; and
(5) the estimated tax rate that will be required to
support the budget.
(c) Plans under this section must be adopted in the same
manner as provided for adoption of a proposed annual budget under
Section 344.204.
(d) The temporary board shall coordinate its efforts in
developing its plans under this section with appropriate local
officials and entities.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.062. FINANCING CREATION OF DISTRICT. (a) A
municipality creating a district shall pay the entire cost of
creating the distr ict.
(b) If a district is created, the district shall reimburse
the municipality for the actual expenses the municipality incurred
in the creation of the district.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
SUBCHAPTER C. ADMINISTRATION
Sec. 344.101. BOARD OF DIRECTORS. (a) Except as provided
by Subsections (e) and (f), a district is governed by a board of
seven directors appointed in the same manner as provided by Section
344.052 (a) for the appointment of temporary directors.
(b) Initial appointees under this section shall draw lots to
determine their terms so that:
(1) three directors serve terms that expire on
September 1 of the first year following creation of the district;
and
(2) four directors serve terms that expire on
September 1 of the second year following creation of the distr ict.
(c) Directors serve staggered two-year terms.
(d) A vacancy in the office of director shall be filled for
the unexpired term in the same manner that the vacant position was
or iginally filled.
(e) The governing body of a municipality by resolution may
appoint the governing body's membership as the board of directors
of the district, if the appointment is approved by the voters in a
creation election or continuation referendum under this chapter. A
member of a governing body appointed under this section as an ex
year the
control,
3
officio director serves a term concurrent with the member's term as
a member of the governing body.
(f) In a district for which the governing body of the
municipality does not serve as the district's board of directors,
the governing body may create a board of directors for which one
director is appointed by each member of the governing body to serve
at the pleasure of that member for a term not to exceed two years and
that expires when the member of the governing body that appointed
the dir ector leaves off ice.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. I, eff. June I, 200l.
Sec. 344.102. PERFORMANCE BOND. (a) Before assuming the
duties of the office, each director or officer must execute a bond
for $5,000 payable to the district, conditioned on the faithful
performance of the person's duties as director or officer.
(b) The bond shall be kept in the permanent records of the
district.
(c) The board may pay for the bonds of directors or officers
with distr ict funds.
(d) The board and the district may issue and sell bonds
conditioned on the faithful performance of a person's duties as a
director as provided by this section.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. I, eff. June I, 200l.
Sec. 344.103. OFFICERS. (a) The board shall elect from
among its members a president and vice president.
(b) The board shall appoint a secretary. The secretary may
be a director.
(c) The person who performs the duties of auditor for the
municipality shall serve as treasurer of the distr ict.
(d) Each officer of the board serves for a term of one year.
(e) A vacancy in a board office shall be filled by the board
for the unexpired term.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. I, eff. June I, 200l.
Sec. 344.104. COMPENSATION. A director or officer serves
without compensation, but a director or officer may be reimbursed
for actual expenses incurred in the performance of official duties.
Those expenses must be reported in the district's minute book or
other district record and must be approved by the board.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. I, eff. June I, 200l.
Sec. 344.105. VOTING REQUIREMENT. A concurrence of a
majority of the members of the board is necessary in matters
relating to the business of a district. A two-thirds majority vote
of the board is required to reject any application for funding
available under this chapter.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. I, eff. June I, 200l.
Sec. 344.106. CONTRACT FOR ADMINISTRATIVE ASSISTANCE. The
board may contract with a public agency or pr ivate vendor to assist
the board in the administration or management of the district or to
assist the board in the review of applications for funding
available under this chapter.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. I, eff. June I, 200l.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 344.151. FINANCING DISTRICT PROGRAMS. (a) The
district may finance all costs of a fire control, prevention, and
emergency medical services district program, including costs for
personnel, administration, expansion, enhancement, and capital
expenditures.
(b) The program may include:
(1) fire apparatus and equipment;
(2) a bomb disposal unit and related equipment;
(3) compensation of fire protection and prevention
personnel for specialized training regarding:
(A) arson;
(B) bomb disposal;
(C) hazardous materials;
(D) technical rescue;
(E) paramedic certification; and
(F) any other specialized training under the
program;
(4) funding for turn-out gear, self-contained
breathing apparatus, and protective uniforms or other firefighter
safety equipment;
(5) additional compensation for municipal
fire-fighting personnel, including overtime compensation for
unforeseen staffing needs; and
(6) funding for the construction and maintenance of
4
fire stations, training facilities, or the equipment needed for
those stations or facilities.
(c) The program may include an enhanced emergency
communications center or other emergency communications programs
and equipment, including:
(1) emergency medical dispatch training;
(2) additional fire and emergency medical service
dispatchers;
(3) uniformed fire deployment and communications
officers;
personnel
(d)
including:
(4) real-time weather information; and
(5) computer databases and systems maintenance
for hazardous mater ials responses.
The program may include a public training program,
programs
(1) a juvenile fire starter program;
(2) an urban survival program, including school
for fir e saf ety, gun saf ety, and saf ety with str anger s;
(3) a fire prevention program;
(4) a fire education program;
(5) a hazardous materials education program;
(6) a psychological intervention program; and
(7) a citizen's ride-along program or home inspection
program.
(e)
programs,
The program may include public preventive health
including:
(1) juvenile inoculations;
(2) weekend health days;
(3) first aid and cardiopulmonary resuscitation
training;
(h)
emergency
equipment,
equipment.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1,2001.
Sec. 344.152. COORDINATION; EVALUATION; GRANTS. (a) The
district shall coordinate its efforts with local agencies in
developing its fire control, prevention, and emergency medical
services program.
(b) The district shall conduct an annual evaluation program
to study the impact, efficiency, and effectiveness of new or
expanded fire control, prevention, and emergency medical services
programs.
(c) The board may seek the assistance of the Office of
State-Federal Relations in identifying and applying for federal
grants for fire control, prevention, and emergency medical services
programs.
(d) The district may apply for and receive grants for fire
control, prevention, and emergency medical services programs from a
state or federal agency.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1,2001.
Sec. 344.153. GENERAL BOARD POWER OVER FUNDS. The board
shall manage, control, and administer the district finances except
as provided by Section 344.205.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1,2001.
(4) injury prevention; and
(5) drug and alcohol awareness.
(f) The program may include response training programs,
equipment, facilities, and instructors, including:
(1) a regional training center for fire, rescue,
hazardous mater ials, and emergency medical services;
(2) staff personnel to support the center;
(3) equipment and apparatus to support the center;
(4) computer-aided continuing education training
conducted in-station; and
(5) training regarding hazardous material storage and
response.
(g) The program may include computers and other systems to
support information management systems to:
(1) maintain occupancy information;
(2) track incident analyses;
(3) track incident reports;
(4) track internal communications and reporting;
(5) maintain inventory; and
(6) serve other information management needs.
The program may include capital items needed to improve
response and increase service efficiency, including
apparatus, vehicles, and training material or
5
Sec. 344.154. USE OF REVENUE. The board may spend revenue
der ived from the sales and use tax distr ibuted under Section
321.106, Tax Code, only for a purpose author ized by Section
344.15l.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.155. RULES AND PROCEDURES. (a) A board may adopt
rules governing programs financed by the district and the functions
of distr ict staff.
(b) The board may prescribe accounting and control
procedures for the distr ict.
(c) The board is subject to Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.156. PURCHASING. (a) Except as provided by
Subsection (b), the board may prescr ibe the method of making
purchases and expenditures by and for the distr ict.
(b) To the extent competitive bidding procedures in Title 8
apply, the board may not enter into a purchasing contract for more
than $15,000 unless the board complies with Chapter 252.
(c) If the municipality that created the distr ict has a
purchasing agent author ized by law, that agent shall serve as
purchasing agent for the distr ict.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.157. PROPERTY TO BE USED IN ADMINISTRATION. The
board may lease or acquire in another manner facilities, equipment,
or other property for the sole purpose of administer ing the
district.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.158. REIMBURSEMENT FOR SERVICES. (a) A county or
municipality located outside the boundaries of a district on the
district's request shall reimburse the district for the district's
cost of including a resident of that county or municipality who is
not a resident of that district in a district program.
(b) On behalf of the district, the board may contract with a
municipal or county government or with the state or federal
government for the municipal, county, state, or federal government
to reimburse the district for including a person in a district
program.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.159. SERVICE CONTRACTS. The board may contract
with the following entities to furnish the staff, facilities,
equipment, programs, or services the board considers necessary for
the effective operation of the district:
(1) a municipality, county, special distr ict, or other
political subdivision of the state;
(2) a state or federal agency;
(3) an individual; or
(4) a private person.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.160. DONATIONS, GIFTS, AND ENDOWMENTS. On behalf
of the district, the board or the temporary board may accept a
donation, gift, or endowment. The district may hold a donation,
gift, or endowment in trust for any purpose and under any direction,
limitation, or other provision prescribed in writing by the donor
that is consistent with this chapter and the proper management of
the distr ict.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.161. AUTHORITY TO SUE AND BE SUED. The board may
sue and be sued in the name of the distr ict.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
SUBCHAPTER E. DISTRICT FINANCES
Sec. 344.201. FISCAL YEAR. (a) The board shall establish
the fiscal year for the distr ict, and the distr ict shall operate on
the basis of that year.
(b) The fiscal year may not be changed more than once in a
24-month per iod.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.202. AUDITS AND DISTRICT RECORDS. (a) The board
shall have an annual audit made of the financial condition of the
district by an independent auditor.
(b) The annual audit and other district records shall be
open to inspection during regular business hours at the principal
office of the distr ict.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.
Sec. 344.203. ANNUAL BUDGET PROPOSAL. (a) The board shall
propose an annual budget. The board shall consider the
6
applications for program funding in preparing the proposed budget.
(b) The proposed budget must contain a complete financial
statement, including a statement of:
(1) the outstanding obligations of the distr ict;
(2) the amount of cash on hand to the credit of each
fund of the distr ict;
(3) the amount of money received by the district from
all sources during the previous year;
(4) the estimated amount of money available to the
district from all sources during the current fiscal year;
(5) the amount of money needed to fund programs
approved for funding by the board;
(6) the amount of money requested for programs that
were not approved for funding by the board;
(7) the tax rate for the next fiscal year;
(8) the amount of the balances expected at the end of
the year in which the budget is being prepared; and
(9) the estimated amount of revenues and balances
available to cover the proposed budget.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1, 200l.
Sec. 344.204. ADOPTION OF BUDGET. (a) Not later than the
100th day before the date each fiscal year begins, the board shall
hold a public hear ing to consider the proposed annual budget.
(b) The board shall publish notice of the hear ing in a
newspaper with general circulation in the district not later than
the 10th day before the date of the hear ing.
(c) A resident of the district is entitled to participate in
the hear ing.
(d) Not later than the 80th day before the date each fiscal
year begins, the board shall adopt a budget. The board may make any
changes in the proposed budget that the interests of the taxpayers
demand.
(e) Not later than the 10th day after the date the budget is
adopted, the board shall submit the budget to the governing body of
the municipality that created the district.
(f) The board by rule may adopt alternative procedures for
adopting a budget that differ from the procedures outlined in this
subchapter. The board must hold at least one public hearing related
to the alternative procedures before their adoption.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1, 200l.
Sec. 344.205. APPROVAL OF BUDGET. (a) Not later than the
45th day before the date each fiscal year begins, the governing bOdy
of the municipality that created the district shall hold a public
hear ing to consider the budget adopted by the board and submitted to
the governing body.
(b) The governing body must publish notice of the hear ing in
a newspaper with general circulation in the district not later than
the 10th day bef or e the dat e of the hear ing.
(c) A resident of the district is entitled to participate in
the hear ing.
(d) Not later than the 30th day before the date the fiscal
year begins, the governing body shall approve or reject the budget
submitted by the board. The governing body may not amend the
budget.
(e)
the board,
amend and
year.
If the governing body rejects the budget submitted by
the governing body and the board shall meet and together
approve the budget before the beginning of the fiscal
(f) The budget may be amended after the beginning of the
fiscal year on approval by the board and the governing body.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1, 200l.
Sec. 344.206. LIMITATIONS ON EXPENDITURES AND
INVESTMENTS. (a) The distr ict may spend money only for an expense
included in the annual budget or an amendment to the budget.
(b) A district may not incur a debt payable from revenues of
the distr ict other than the revenues on hand or to be on hand in the
current or immediately following fiscal year of the district.
(c) The board may not invest district money in funds or
securities other than those specified by Chapter 2256, Government
Code.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.207. ACCOUNT OF DISBURSEMENTS OF DISTRICT. Not
later than the 60th day after the last day of each fiscal year, an
administrator shall prepare for the board a sworn statement of the
amount of money that belongs to the district and an account of the
7
disbursements of that money.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1, 2001.
Sec. 344.208. DEPOSIT OF MONEY. (a) The board shall
deposit district money in a special account in the treasury of the
municipality that created the distr ict.
(b) District money, other than that invested as provided by
Section 344. 206(c), shall be deposited as received in the treasury
of the municipality and must remain on deposit.
(c) The board shall reimburse the municipality for any
costs, other than personnel costs, the municipality incurs for
performing the duties under this section.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1, 2001.
Sec. 344.209. APPLICATIONS FOR PROGRAM FUNDING. (a) An
officer of the municipality that created the distr ict or the head of
a department of that municipality may, with the consent of the
governing body of the municipality, apply to the board for funding
of a program described by Section 344.151.
(b) The officer must apply under this section not later than
the 140th day before the date the fiscal year begins, unless the
board by rule has adopted an exception.
(c) The board by rule may adopt application procedures.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1, 2001.
Sec. 344.210. BONDS PROHIBITED. The board may not issue or
sell general obligation bonds, revenue bonds, or refunding bonds.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1, 2001.
SUBCHAPTER F. REFERENDUM ON CONTINUATION OR DISSOLUTION OF DISTRICT
Sec. 344.251. REFERENDUM AUTHORIZED. (a) The board may
call and hold a referendum election on the question of whether to:
(1) cont inue the distr ict; or
(2) dissolve the district.
A board may order a referendum election on its own
(b)
motion.
(c)
The board shall order a referendum election:
(1) on receipt of a petition that requests
continuation or dissolution of the district and complies with the
requirements of Sections 344.252-344.256; or
(2) if the governing body of the municipality that
created the district, after notice and a public hearing on the
matter, by resolution requests a referendum on continuation or
dissolution.
(d) The board may not hold a referendum election under this
subchapter before the fifth anniversary of the date the district
was created or before the third anniversary of the date of the last
continuation or dissolution referendum election.
(e) For a continuation referendum election, the ballot
shall be printed to permit voting for or against the proposition:
"Whether the ( name of the municipality that created
the district) Fire Control, Prevention, and Emergency Medical
Services District should be continued and whether the fire control,
prevention, and emergency medical services district sales and use
tax should be continued."
(f) For a dissolution referendum, the ballot shall be
printed to permit voting for or against the proposition: "Whether
the (name of the municipality that created the
district) Fire Control, Prevention, and Emergency Medical Services
District should be dissolved and whether the fire control,
prevention, and emergency medical services district sales and use
tax should be abolished."
(g) The governing body of a municipality that creates a
district under this chapter may specify the number of years for
which the distr ict should be continued. The board or the governing
body of a municipality may continue a district for 5, 10, 15, or 20
years. For a continuation referendum election under this
subsection, the ballot shall be printed to permit voting for or
against the proposition: "Whether the (name of the
municipality that created the district) Fire Control, Prevention,
and Emergency Medical Services District should be continued for
years and whether the fire control, prevention, and
emergency medical services district sales and use tax should be
continued for _ years."
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1,2001.
Sec. 344.252. APPLICATION FOR PETITION. (a) On wr itten
application of 10 or more registered voters of the district, the
clerk of the municipality that created the district shall issue to
the applicants a petition to be circulated among registered voters
8
for their signatures.
(b) An application for a petition to continue the district
must contain:
(1) the heading: "Application for a Petition for a
Local Option Referendum to Continue the Fire Control, Prevention,
and Emergency Medical Services District and to Continue the Fire
Control, Prevention, and Emergency Medical Services District Sales
and Use Tax";
(2) the statement: "Whether the (name of the
municipality that created the district) Fire Control, Prevention,
and Emergency Medical Services District should be continued and
whether the fire control, prevention, and emergency medical
services district sales and use tax should be continued";
(3) immediately above the signatures of the
applicants, the statement: "It is the purpose and intent of the
applicants whose signatures appear below that the fire control,
prevention, and emergency medical services district be continued
and that the fire control, prevention, and emergency medical
services district sales and use tax in (name of the
municipality that created the district) be continued"; and
(4) the printed name, signature, residence address,
and voter registration certificate number of each applicant.
(c) An application for a petition to dissolve the district
must contain:
(1) the heading: "Application for a Petition for a
Local Option Referendum to Dissolve the Fire Control, Prevention,
and Emergency Medical Services District and to Abolish the Fire
Control, Prevention, and Emergency Medical Services District Sales
and Use Tax";
(2) the statement: "Whether the (name of
the municipality that created the district) Fire Control,
Prevention, and Emergency Medical Services District should be
dissolved and whether the fire control, prevention, and emergency
medical services distr ict sales and use tax should be abolished";
(3) immediately above the signatures of the
applicants, the statement: "It is the purpose and intent of the
applicants whose signatures appear below that the fire control,
prevention, and emergency medical services district be dissolved
and that the fire control, prevention, and emergency medical
services district sales and use tax in (name of the
municipality that created the district) be abolished"; and
(4) the printed name, signature, residence address,
and voter registration certificate number of each applicant.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.253. PETITION. (a) A petition for a referendum
to continue a distr ict must contain:
(1) the heading: "Petition for a Local Option
Referendum to Continue the (name of the municipality
that created the district) Fire Control, Prevention, and Emergency
Medical Services Distr ict and to Continue the Fire Control,
Prevention, and Emergency Medical Services District Sales and Use
Tax";
(2) a statement of the issue to be voted on in the same
words used in the application;
(3) immediately above the signatures of the
petitioners, the statement: "It is the purpose and intent of the
petitioners whose signatures appear below that the fire control,
prevention, and emergency medical services district be continued
and that the fire control, prevention, and emergency medical
services district sales and use tax in (name of the
municipality that created the distr ict) be continued";
(4) lines and spaces for the names, signatures,
residence addresses, and voter registration certificate numbers of
the petitioners; and
(5) the date of issuance, the serial number, and the
seal of the clerk of the municipality on each page.
(b) A petition for a referendum to dissolve a district must
contain:
(1) the heading: ';Petition for a Local Option
Referendum to Dissolve the (name of the municipality
that created the district) Fire Control, Prevention, and Emergency
Medical Services District and to Abolish the Fire Control,
Prevention, and Emergency Medical Services District Sales and Use
Tax" ;
(2) a stat ement of the issue to be voted on in the same
9
words used in the application;
(3) immediately above the signatures of the
petitioners, the statement: "It is the purpose and intent of the
petitioners whose signatures appear below that the fire control,
prevention, and emergency medical services district be dissolved
and that the fire control, prevention, and emergency medical
services district sales and use tax in (name of the
municipality that created the distr ict) be abolished";
(4) lines and spaces for the names, signatures,
residence addresses, and voter registration certificate numbers of
the petitioners; and
(5) the date of issuance, the serial number, and the
seal of the clerk of the municipality on each page.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.254. COPIES OF APPLICATION AND PETITION. The
clerk or secretary of the municipality shall keep an application
and a copy of the petition in the files of the clerk's or secretary's
office. The clerk shall issue to the applicants as many copies as
they request.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.255. FILING OF PETITION. To form the basis for the
ordering of a referendum, the petition must:
(1) be filed with the clerk or secretary of the
municipality not later than the 60th day after the date of its
issuance; and
(2) contain at least a number of signatures of
registered voters of the municipality equal to five percent of the
number of votes cast in the municipality for all candidates for
governor in the most recent gubernator ial general election.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.256. REVIEW BY CLERK OR SECRETARY. (a) The clerk
or secretary of the municipality shall, on the request of any
person, check each name on a petition to determine whether the
signer is a registered voter of the district. A person requesting
verification by the clerk or secretary of the municipality shall
pay the clerk or secretary a sum equal to 20 cents for each name on
the petition before the verification begins.
(b) The clerk or secretary of the municipality may not count
a signature if the clerk or secretary has a reason to believe that:
(1) it is not the actual signature of the purported
signer;
(2) the voter registration certificate number is not
correct;
(3) it is a duplication either of a name or of
handwriting used in any other signature on the petition;
(4) the residence address of the signer is not
correct; or
(5) the name of the voter is not signed exactly as it
appears on the official copy of the current list of registered
voters for the voting year in which the petition is issued.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.257. CERTIFICATION. Not later than the 40th day
after the date a petition is filed, excluding Saturdays, Sundays,
and legal holidays, the clerk or secretary of the municipality
shall certify to the board the number of registered voters signing
the petition.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.258. ELECTION ORDER. (a) The board shall record
on its minutes the date the petition is filed and the date it is
certified by the clerk or secretary of the municipality.
(b) If the petition contains the required number of
signatures and is in proper order, the board shall, at its next
regular session after the certification by the clerk or secretary
of the municipality, order a referendum election to be held at the
regular polling place in each election precinct in the municipality
on the next uniform election date authorized by Section 41.001(a),
Election Code, that occurs at least 20 days after the date of the
order.
(c) The board shall state in the order the proposition to be
voted on in the referendum election. The order is prima facie
evidence of compliance with all provisions necessary to give it
validity.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 200l.
Sec. 344.259. APPLICABILITY OF ELECTION CODE. A referendum
election author ized by this subchapter shall be held and the
10
returns shall be prepared and canvassed in conformity with the
Election Code.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.
Sec. 344.260. RESULTS OF REFERENDUM. (a) If less than a
majority of the votes cast in a continuation referendum election
are for the continuation of a distr ict or if a maj or ity of the votes
cast in a dissolution referendum are for dissolution of the
district:
(1) the board shall certify that fact to the secretary
of state not later than the 10th day after the date of the canvass of
the returns; and
(2) the district is dissolved and ceases to operate.
(b) If a majority of the votes cast in a continuation
referendum election are for the continuation of the district or if
less than a majority of the votes cast in a dissolution referendum
election are for dissolution of the district, another referendum
may not be held except as author ized by Section 344.251.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1,2001.
Sec. 344.261. ELECTION CONTEST. Not later than the 30th
day after the date the result of a referendum is declared, any
qualified voter of the district may contest the election by filing a
petition in a distr ict court located in the distr ict.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.
SUBCHAPTER G. DISTRICT DISSOLUTION
Sec. 344.301. TIME FOR DISSOLUTION OF DISTRICT. (a) A
district is dissolved five years after the date the municipality
began to impose taxes for district purposes if the district has not
held a continuation or dissolution referendum.
(b) The district is dissolved on the fifth anniversary of
the date of the most recent continuation or dissolution referendum.
(c) Subsection (b) does not apply to a distr ict that is
continued under Section 344.251(g), and that district is dissolved
on the expiration of the period for which it was continued.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.
Sec. 344.302. DISSOLUTION OF DISTRICT. (a) On the date
that the district is dissolved, the district shall conveyor
transfer, as provided by Subsection (h):
(1) title to land, buildings, real and tangible
improvements, and equipment owned by the distr ict;
(2) operating money and reserves for operating
expenses and money that has been budgeted by the district for the
remainder of the fiscal year in which the district is dissolved to
support fire control, prevention, and emergency medical services
activities and programs for residents of the municipality that
created the distr ict;
(3) taxes imposed for the district during the current
year for fire control, prevention, and emergency medical services
purposes;
(4) each fund established for payment of indebtedness
assumed by the distr ict ; and
(5) any money accumulated in an employee retirement
fund.
(b) After the date the district is dissolved, taxes may not
be imposed for district purposes or for providing fire control,
prevention, and emergency medical services activities and programs
for the residents of the district.
(c) If on the date that the distr ict is dissolved the
district has outstanding short-term or long-term liabilities, the
board shall, not later than the 30th day after the date of the
dissolution, adopt a resolution certifying each outstanding
short-term and long-term liability. The municipality that created
the district shall assume the outstanding short-term and long-term
liabilities. The municipality shall collect the sales and use tax
under Chapter 321, Tax Code, for the remainder of the calendar year
and may by resolution of its governing body continue to collect the
tax for an additional calendar year if the revenue from the tax is
needed to retire liabilities of the district that were assumed by
the municipality. The governing body shall notify the comptroller
of this continuation not later than the 60th day before the date the
tax would otherwise expire. A tax collected after the liabilities
have been retired shall be transferred or conveyed as provided by
Subsection (a).
(d) The district and the board may continue to operate for a
period not to exceed two months after carrying out the
responsibilities required by Subsections (a) and (c). The board
11
and the district are continued for the purpose of satisfying these
responsibilities.
(e) If the board and the district are continued under
Subsection (d), the board and district are dissolved entirely on
the first day of the month following the month in which the board
issues an order certifying to the secretary of state that the
responsibilities of Subsections (a) and (c) are satisfied.
(f) A district or board that continues to operate under
Subsection (d) may not incur any new liabilities without the
approval of the governing body of the municipality that created the
distr ict. Not later than the 60th day after the date of the
dissolution referendum, the governing body shall review the
outstanding liabilities of the district and set a specific date by
which the municipality must retire the distr ict' s outstanding
liabilities.
(g) On the date that the district is dissolved, programs
funded by the district shall immediately terminate and personnel
paid from district funds, except personnel required to retire the
responsibilities of the distr ict, are terminated.
(h) The board shall conveyor transfer the value of the
items described by Subsection (a) to the municipality that created
the distr ict .
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1, 2001.
12
B
--
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 23, 200R
Appropriation
Requested By. Michael Dolby Oirector Of Fin,:,nl'p
Department: Financ@ ~
Source of Funds: N/ A
Amount Budgeted: N/A
Amount Requested: N/A
Report:
Resolution:
Ordinance:
Budgeted Item: YES N/A
Exhibits: Work Shop
letter
Exhibits ordinance
Exhibits: rmr()",:, I
SUMMARY & RECOMMENDA nON
During previous council meetings, council has requested that we pursue a collection agency to assist us
with the collections of our outstanding mowing and demolition accounts. On May 29, 2008, we received
one proposal for this service. The proposal is from our delinquent tax attorneys. During this
presentation, we would like to discuss the mowing demolition collection process and invite Mr. Bailey
with Purdue, Brandon, Fielder, Collins & Mott LLP to discuss their collection process.
bib
Date
askins
& askins p.c.
ATTORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
June 16, 2008
Michael Dolby
Director of Finance
City of La Porte, Texas
RE: Proposal for Mowing and Demolition Fee Collection - Perdue
Brandon, Fielder, Collins & Mott
Dear Michael:
I have reviewed the proposed contract for services between Perdue, Brandon,
Fielder, Collins & Matt, and have no objection as to form or substance. I have signed
the contract, in the space provided for city attorney.
Enclosed herewith, in addition to the proposal documents and contract, is a
contract approval ordinance, for city council authorization to the City Manager to
execute the proposed agreement.
Thank you, and let me know should you have any questions.
Respectfully yours,
~r~~
Clark T. Askins
Assistant City Attorney
CTA
Enclosures
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax. knoxaskins@comcast.net . ctaskins@swbell.net
ORDINANCE NO. 2008-
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND PERDUE, BRANDON, FIELDER, COLLINS & MOTT, LLP,
FOR CITY MOWING AND DEMOLITION LIEN COLLECTION SERVICES, MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The city Manager is hereby authorized to
execute such document and all related documents on behalf of the
city of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this
By:
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
~--r~
Clark T. Askins
Assistant City Attorney
day of
, 2008.
CITY OF LA PORTE
Alton E. Porter, Mayor
2
PROPOSAL FOR MOWING AND DEMOLITION FEE
COLLECTION ATTORNEY FOR
CITY OF LA PORTE
DUE MAY 29, 2008 at 5:00 PM
RESPONDENT
PerdueBrandonFielderCollins&Mott LLP
ATTORNEYS AT LAW
1235 NORTH LOOP WEST
SUITE 600
HOUSTON, TEXAS 77008
713-862-1860
CONTACT PERSON - TITLE
JASON BAILEY, PARTNER
i bai leyialpbfcm.com
MAY 29, 2008
COpy
PerdueBrandonFielderCollins&Mott LLP
ATTORNEYS AT LAW
1235 NORTH LOOP WEST
SUITE 600
HOUSTON, TEXAS 77008
TELEPHONE 713-862-1860
FAX 713-862-1429
www.pbfcm.com
Jason L. Bailey
ATTORNEY
ibailev@obfcm.com
5/29/2008
City of La Porte
Attention: Purchasing Office
604 West Fainnont Parkway
Houston, Texas 77571
RE: Proposal for Mowing and Demolition Fee Collection Attorney
Dear Sir or Madam:
Our ftrm has the pleasure of representing the City of La Porte in the collection of
delinquent taxes since 1998. Our fIrm has extensive experience in the fteld of collecting
receivables for municipalities in the State of Texas in addition to delinquent tax collections. Our
Houston Office represents three cities in the collection of mowing and demolition fees.
Our fIrm agrees to perform all the "General Terms & Conditions" as set forth in the
Quote and Request for Proposal For Mowing and Demolition Fee Collection Attorney.
Scope of Services
Our ftrm agrees to perform all of the Scope of Services as set forth in the Request for
Proposal for Mowing and Demolition Fee Collection Attorney. The services provided by our
fIrm shall include:
1. Preparing Collection reports and updates based on data provided by the City;
Our ftrm will download the City's Mowing and Demolition Fee data into our
computer collection database. Our database allows our ftrm to produce reports
concerning the outstanding fees due the City, the activities our office has taken on
a particular account, and the amounts collected.
Attached to this letter are four reports that our office will be able to provide the
City if we are chosen to represent the City in the collection of their Mowing and
Demolition Fees.
The fIrst report is the Monthly and Yearly Totals Report. This report shows a
summary of the activities that have taken place on the Mowing and Demolition
AMARILLO ARLINGTON AUSTIN HOUSTON LUBBOCK MIDLAND TYLER WICHITA FALLS
Lien Accounts of the City. The information on the report contains the number and
dollar amount of the letters sent by our firm monthly and by year. Also included
are the number of address corrections our fIrm has done on the City's accounts as
well as the number of phone contacts we have made on the accounts. The report
also includes the mnnber and dollar amount of new accounts that have been
added, as well as the amount that has been collected on the City's accounts. The
report also show the outstanding balance that is owed the City on their accounts.
This report shows an excellent "snapshot" of the City's Mowing and Demolition
Lien accounts, the efforts done to collect those accounts and the results of the
efforts to collect the accounts.
The second report is the Debtor Detail Report. This report gives a more detailed
accounting of the liens and fees for each of the City's accounts. This report will
show the number of liens on an account, the date the lien was created, the amount
of the liens, any credit that has been paid toward the liens and the total amount
due on each lien. The attached report is only the fIrst page of the eighty-four page
report for the City of Rosenberg.
The third report is the Descending Debtor Roll Report. This report lists each
account that the City has from the highest to lowest amount due.
The fourth report is the Debtor Activity Report that details activities that have
taken place on an account. The activity can be caused by an update of the City's
lien records, a payment on the account, or activity that our office has done in order
to collect the account.
Our fIrm is prepared to produce some, or all, of the above reports for the City if
we are chosen as the attorneys for the collection of the City's Mowing and
Demolition Liens.
2. Preparing and sending notices to the persons or entities who owes the fees to the
City as may be advisable for the purpose of expediting collections;
Our fIrm will mail out demand letters, at no cost to the City, to the persons and
entities who owe fees to the City. A copy of our firm's demand letter for Mowing
and Demolition Liens is attached. The demand letters can be sent out on a
schedule agreed to by our firm and the City.
3. Bringing lawsuits against the persons or entities to foreclose the liens and
otherwise facilitate collection of the fees ensuring all amounts owed the City are
included;
Our fIrm currently represents the City of La Porte in the collection of the City's
delinquent taxes. This is an important fact since Texas Law does not allow the
foreclosure of a mowing or demolition lien unless the same property is also
delinquent on taxes.
Our office will coordinate the filing of delinquent tax suits with the amounts owed
the City on the property for Mowing and Demolition Liens if awarded the contract
for collection of the Mowing and Demolition Liens.
Our firm will be able to cross reference any delinquent tax accounts with the
Mowing and Demolition Liens owed the City in order to facilitate the collection
of all amounts owed the City at one time. Our firm believes that this coordination
of collection efforts for the City will be a significant benefit to the collection of
Mowing and Demolition Liens for the City.
4. Advising the City on legal issues that arise in the collection process;
Our experienced attorneys will be available for counsel on any legal issues that
arise during the collection process of the City's Mowing and Demolition Liens.
Our attorneys are available for consultation at any time, and are also available to
meet with the City's staff and Council as needed.
5. Preparing and filing all bankruptcy claims relating to fees owed to the City;
Our firm's Bankruptcy attorneys and support staff are some of the most
experienced individuals in handling claims in Bankruptcy Court for governmental
entities in the area. Our bankruptcy staff continually monitors proceedings to
ensure that the City's claims are properly administered. Our Firm takes a very
pro-active position when it comes to bankruptcy issues.
6. Representing the City in the collection of fees;
Our office will represent the City in all aspects of the Mowing and Demolition
Liens collection process. The representation will not only be in Court, but in all
situations that arise due to the collection of the City's Mowing and Demolition
Liens.
7. Providing additional services as the City may deem advisable to expedite and
enhance the collection of fees.
Our firm has a proven and tested system for the collection of Mowing and
Demolition Liens for our clients. Our firm will provide any additional services
that the City deems necessary to enhance the collection of fees.
References
In response to the Request for Proposal, please see the following information on
references:
a. Provide at least four reference for clients to whom the law fIrm provides fee
collection services. These references should include the name of the contact
person, address and telephone number.
City of Angleton Greg Smith 121 S. Velasco 979-849-4364
City Manager Angleton, TX 77515
Freeport City Nat Hickey 200 W. 2nd Street 979-233-3526
Freeport, TX 77541
City of Rosenberg Mindi Snyder P.O. Box 32 832-595-3369
Director of Finance Rosenberg, TX 77471
City of Pampa Elaine Johnson P.O. Box 2499 806-669-5810
Office Manager Pamp~ TX 79066
b. Provide a list of all fee collection clients gained and lost in the past 24 months.
This list should include the name of the entity, the name of the contact person,
address and telephone number
None
Our firm is prepared, and has the necessary resources in place, to provide immediate and
unequaled representation in the collection of Mowing and Demolition Liens for the City. Our
fIrm is available to meet with representatives of the City concerning our services at your
convenience. If you have any questions do not hesitate to contact our office.
Monthly And Yearly Totals Report
For: Rosenberg City Liens
From 4/1/2008 To 4/30/2008
Letter Totals
MonthNear
April 2008
Number Of Letters Mailed
34
34
34
Dollar Amount Of Letters
Yearly Totals:
~--~-~-
Grand Totals;
$70,384.45
$70,384.45
$70,384.45
Address Corrections Totals
MonthN ear
April
Number Of Address Corrections
2008
Yearly Totals:
Grand Totals;
24
24
24
Grand Totals:
Phone Contacts Totals
o
MonthN ear
Day
New Accounts Totals (Dockets)
Total New Accounts Amount Of New Accounts
April 2008
24
3
3
3
$5,413.86
$5,413.86
$5,413.86
Yearly Totals:
Grand Totals:
MonthN ear
Amount Collected Totals
Total Payments Total Amount Collected
April 2008
Yearly Totals:
._--~~-----~---
Grand Totals:
13
13
13
$7,868.14
$7,868.14
$7,868.14
Amount Disposed Totals
5/24/2008 12:37:11 PM
Page 1 of 2
Grand Totals:
o
$0.00
Amount Outstanding Totals
Total Outstanding Total Amount Outstanding
Grand Totals:
186
186
$163,546.13
$163,546.13
5/24/2008 12:37:11 PM
Page 2 of 2
Perdue, Brandon, Fielder, Collins and Mott, L.L.P.
Debtor Detail Report
Rosenberg City Liens
Debtor Key
Name And Address
Other Information
Crockett, Alice(Waiter, R.V.)
2811 Casitas Avenue
Address Status:
Address From:
UNKN
Client
AL T ADENA, CA 91001-4915
Client #: 7835-00-033-0020-901
License Numb:
Social Sec:
Court: # City
Date Of Birth:
Comments:
Date Docket Description Debit Credit Total
11/13/1995 9554688 Delinquent Lien $508.77 $0.00 $508.77
7/10/1996 9643651 Delinquent Lien $566.15 $0.00 $1,074.92
5/16/1997 9729489 Delinquent Lien $543.14 $0.00 $1,618.06
2/25/2003 2003024561 Delinquent Lien $394.52 $0.00 $2,012.58
11/13/1995 9554688-44 Delinquent Lien $502.90 $0.00 $2,515.48
11/13/1995 9554688-45 Delinquent Lien $502.90 $0.00 $3,018.38
11/13/1995 9554688-31 Delinquent Lien $504.72 $0.00 $3,523.10
11/13/1995 9554688-32 Delinquent Lien $504.72 $0.00 $4,027.82
Total Due .____m_> $4,027.82
5/24/2008 1 :08:58 PM
Page 1 of 84
Decending Debtor Roll Report
For: Rosenberg City Liens
Debtor Key
189
Name
Duran, Gilbert & Delia
Total Due
$16,470.55
$11,095.03
$7,001.20
$6,292.89
$6,090.64
$5,531.90
$5,234.88
$5,210.80
$5, I I 1.87
$4,979.27
$4,463.46
$4,443.30
$4,090.80
$4,083.76
$4,027.82
$3,981.60
$3,467.35
$3,406.84
$3,277.12
$3,117.38
$2,933.58
$2,781.06
$2,6 I 1.28
$2,430.40
$2,379.81
$2,332.82
$2,203.64
$2,136.93
$2,132.90
162
Hubbard, Ella B Norris
190
Allen, Suzanne
83
McClain, Isaac; c/o Vernice Hill
19
Warren, Sallie (Evans, N.W.)
153
City of Rosenberg c/o Patsy Schulze
Villareal, Juan Jose
193
152
Estate of John Henry Foley (Villaloboz, Richard)
119
181
170
Galvan, Federico & Manuela
Hubbard, Ella B. Norris
Mitchell, Louis
135
Gutierrez, Norberto
192
Avery, Vida.
133
Acosta, Rosa
Crockett, Alice(Waiter, R.V.)
125
Rogers, Nellie, & Hannibal
61
65
Ramos, Jose
Padilla, Victoria
191
Carranza, Candelaria
I II
Watson, Eva
128
200
Vasquez, Francisca
Harris, Roberta
142
122
Montalbo, Jose
Harris, Robert
209
Jentek, Frank
26
140
195
39
Jackson, Ernest
Harris, The Estate of Ellis
Cortez, Olivia & Margarita
Rena, Amy
5/24/2008 12:41 :14 PM
Page 1 of 3
Debtor Key Name Total Due
113 Allen, Ora L. $2,009.76
131 Mc Clain, T C $1,889.17
179 BolJage, Minnie %Othell Ballage $1,609.87
154 Brown, Harold L & Bonnie Munoz $1,590.29
54 Prater, Beryl D. $1,546.88
25 Huff, John D $1,537.63
37 Rodriguez, Oscar M. Jr. $1,302.06
43 Wilmer, Kevin & Cynhia Garner $1,203.95
38 Richardson, Susie $1,168.73
169 Ridley, Edmund (c/o Debra Davis Sterling) $1,102.94
174 Mendoza, Paul P. & Rosa D. $921.48
157 Arney, Helen Desmuke $848.87
47 Villalobos, Joe G. & Alice A. $840.42
167 Snell, Marcell Ann $836.20
202 Louise Airport L TD $605.73
77 McClain, T C & Belozoria $569.93
175 Harvey, Frances $544.30
176 LOUIS B LANE ESTATE %OLA M LANE $544.30
56 Berry, Joyce M. $537.41
161 Compean Jr, Delores $502.41
100 5972 Rosenberg LP $497.91
178 McClain, T C & Belozoria $478.58
180 R. Donald Balke Family Trust $451.96
210 Salinas, Freddy $438.80
205 Prestridge, W M $376.22
102 Allen, Ora L $354.24
163 Obanor, Kennedy $329.85
166 Scott, Roberto Carlos $311.10
188 JACKSON, ELNORA MC LEAN $302.18
187 Arriaga, Raymond $286.30
17] Villareal, Lilia A & Misrael $282.61
90 Ward, Eleanor $278.92
156 BERRETT, DENISE SULAK $269.35
5/24/200812:41:14 PM Page 2 of 3
Debtor Key
206
21
184
159
97
165
55
168
208
173
35
172
199
203
198
186
36
204
139
164
5/24/2008 12:41 :14 PM
Name
Hernandez, Juan & Teresa
Langlotz, Craig A & Gina M
Fuentes, Juan C. & Filberta Hernandez
Anderson, Sura K
Gutierrez, Maria Reyes
Ringer, Ervie Lee
Hicks, Etta M.
Vazquez, Jose Mario & F10r A
Wicks Estate, Mandy % Vernice Hi1l
Rosenberg First Church of God
Reyes, Juan Antonio & Tao T. Nguyen
Pena, Teodesa
Hardeman Jr, Henry & Florence
Miller, Michael
Ford, Hartie
Hayslip, Gerald W
Morgan, L.P.
Po1lock, Georgia
Gonzales, Janie
Olorondu, Juliana
Grand Total:
Total Due
$267.68
$266.31
$252.44
$250.99
$250.86
$241.78
$239.60
$238.88
$230.65
$219.41
$216.95
$210.71
$196.10
$177.21
$177.21
$ 1 73.06
$ 1 72.60
$50.63
$36.70
$10.31
$163,571.31
Page 3 of 3
Perdue Brandon Fielder Collins & Matt L.L.P.
Debtor Activity Report For: Rosenberg City Liens
Debtor Key
189
Debtor Information
Duran, Gilbert & Delia
Debtor Activity And Notes
Entry Date
1/9/2008
1/9/2008
1/15/2008
Entry Text
Debtor Record Created
Transaction record added for Docket 2000022498->$9,250.00
Debtor status changed from NL To FP
User Name
bryan
bryan
brya.n
Dockets On File
2000022498
Total Due
$16,815.58
5/24/20081 :11 :37 PM
Page 1 of 1
Perdue Brandon Fielder Collins & Mott L.L.P.
ATTORNEYS AT LAW
2513 N. VELASCO
ANGLETON, TEXAS 77515
TELEPHONE (979) 848-2870
FACSIMILE (979) 849-7282
Saturday, May 24, 2008
Duran, Gilbert & Delia
P.O. BOX 641
ROSENBERG, TX 77471-0641
Debtor #: 189
Re: City of Rosenberg - Mowing / Demolition Liens
Dear City of Rosenberg Property Owner:
The City of Rosenberg has referred your account to our law firm for collection of
delinquent mowing liens or demolition liens due to the City. As shown below, the records of the
City of Rosenberg reflect a delinquency on property now owned by you. If you believe the
information below is in error, please contact me.
Immediate payment needs to be made to avoid further legal action. Please make your
check or money order payable to the City of Rosenberg and either mail it to my office or to the
City of Rosenberg, Attention: Customer Service Department, P.O. Box 631, Rosenberg, TX
77471-0631 (832) 595-3400.
If you believe this account has been paid, or if there is any other problem, please send
proof of payment or other documentation to support your position so that we may verify the
status of your account. Finally, please note that this lien attaches to the property even if the lien
may have attached to your property when owned by a prior owner.
Very truly yours,
f}J=lo~
CAD No.
Lien Date
Recorded Lien Blk # Subdivision Original Amount Interest Total Amount Due
7835-00-021-0200-901 3/22/2000
2000022498 Rosenberg, B1k 21,
Lot 20 1909 Avenue
D, Rosenberg
$9,250.00
$6,866.28
$16,116.28
Total Due ------->
$16,116.28
If paid by 8/31/2007 $16,138.48
STATE OF TEXAS
CONTRACT FOR THE
COLLECTION OF
MOWING, DEMOLITION &
PAVING LIENS AND/OR
ASSESSMENTS
COUNTY OF HARRIS
This contract is entered into between the CITY OF LA PORTE (hereinafter "City"), a
political subdivision ofthe State of Texas, acting by and through its governing body, and the firm
of Perdue, Brandon, Fielder, Collins and Mott, L.L.P., (hereinafter "Firm" or "The Firm"), acting
by their duly authorized representative. The City desires to have its delinquent mowing,
demolition, paving liens and/or assessments collected by a private law firm, and the Firm desires
to collect such mowing, demolition, paving liens and/or assessments on behalf of City.
Accordingly, the parties entered into the following contract and are subject to the following
conditions.
1. SERVICE PROVIDED BY FIRM:
Firm agrees to provide the following services to City:
a. To use such reasonable and necessary legal steps to effect collections of mowmg,
demolition and paving liens and/or assessments due to City.
b. To conduct such necessary address and title research to locate the proper owners and
verify ownership of properties subject to mowing, demolition, paving liens and/or
assessments, and to report any newly discovered information to City.
c. To handle all necessary litigation, whether at the trial level or the appellate level.
d. To take any and all such appropriate actions to protect mowing, demolition, paving
liens and/or assessments claims due City in the United States Bankruptcy Courts; to
pursue collections of such claims in the bankruptcy court; and to review bankruptcy
court records to determine the effect of bankruptcy proceedings on the viability of any
City mowing, demolition, paving liens and/or assessments against persons whose
estates have been in bankruptcy.
e. To initiate sheriff's sale or writs of execution, when approved by City, through the
sheriff and the county where the property subject to execution is physically located.
f. To provide legal opinions to City concerning uncollectible accounts, and to provide
sufficient documentation to City's Finance Department and/or independent auditors
in order to support deletion of appropriate accounts.
1
g. To provide City with such collection and litigation reports as may be desired by City.
The Firm also agrees to provide City with copy of litigation and pleadings filed to the
extent desired by City. Except as provided herein and the section under remuneration,
Firm agrees to provide all such services to City at no charge (recognizing that the
costs of collection are to be paid by the property owner/obligor, and that City agrees
to pay court costs). Parties agree that the following regular reports will be made:
(1) A quarterly report shall be submitted to the Director of Finance and the City Attorney
containing the following information:
(a) The names of all accounts referred for collection during the quarter;
(b) The amount of money collected during the quarter listed by account and in total;
(c) The number of letters mailed;
(d) The number of suits filed;
(e) The number of court proceedings involved in the collection effort during the quarter
and
(f) An estimate of court costs which will be needed during the next quarter.
(2) Every six (6) months the Firm shall present a report to the City Council containing the
following information:
(a) The number of account worked during the last six (6) months;
(b) The amount of money received;
(c) A listing of all accounts deemed to be uncollectible, the reason the Firm believes the
account to be uncollectible, and a recommendation of whether the account should be
written off or held open;
(d) The report shall contain any recommendations submitted by the Firm for settlement
of any account in an amount less than payment in full;
( e) The report shall list any accounts in which a recommendation is made to delay
collection efforts indefinitely or for more than six (6) months; and
(f) The report should list any properties on which the Firm believes execution of
judgment should be requested in order to collect the assessment.
(g) To recover court costs and any other fees prepaid by City in suits previously filed by
City.
2
(h) To provide to City any such other and further services that might be required to carry
out the terms and conditions of this contract, and generally perform the legal services
related to collection of delinquent mowing, demolition, paving liens and/or
assessments due City of LA PORTE.
(i) Whenever the Firm enters into an agreement with a debtor for installment payments,
the City shall collect all installments. The City shall account to the Firm each month
for money received under installment agreements and shall pay the Firm the Firms'
share.
0) The Firm agrees to follow the City's instruction with regard to installment payment
plans in hardship cases and homestead cases. No settlement agreement of any claim,
suit, or proceeding shall be entered into without the approval of the Director of
Finance. The City authorizes and directs the Firm to take all actions the Firm deems
advisable to perform the services required under this Contract. This includes all
necessary court appearances, research, investigation, correspondence, preparation and
drafting of pleadings and other legal documents, trial preparation and related work
necessary to property represent the City's interest in these matters.
(k) The Firm agrees to obtain permission from the City Councilor its designated official
before executing any judgment through foreclosure and the sale of any property.
(1) T he Firm shall perform its services under this contract as an independent contractor
and maintain a file for each referred claim which shall be available to the City at all
times for inspection. Such file shall contain all data pertinent to the claim to support
its disposition. All documents, papers, or records pertaining to a file shall be retained
after conclusion of all legal proceeding for disposition as determined by the Director
of Finance.
2. CITY AGREES TO PERFORM THE FOLLOWING AS A PARTY TO
THIS CONTRACT:
a. To make all accounts that the Finance Director designates as ready for collection
available to Firm in order to carry out the terms of the conditions of this contract.
This includes the initial referral of accounts, and any subsequent referral of accounts.
b. To provide a history of payments (whether ongoing through partial payment plans, or
lump sum to City) in order to allow Firm to update balances owing to City.
c. To designate a party to sign appropriate affidavits or claims in order to support claims
filed in Court. The Director of Finance is designated as the person authorized to sign
all mowing certificates, releases or affidavits concerning any matter affecting the
mowing, demolition, paving liens and/or assessments within his knowledge.
3
d. To advise Firm of any prepaid court costs and/or expenses so that Firm may seek
recovery of said prepayments.
e. To advance necessary court cost, filing fees, and any publication fees (for notices of
sale, etc.) relating to litigation.
3. REMUNERATION
a. Existing Judgments. The collection of accounts where a judgment has already been
entered would be compensated to the Firm at the rate of twenty percent (20%) of any
moneys received. Provided that the City would be reimbursed for any prepaid
litigation expenses (court costs, publication expenses etc.). The Firm recognizes that
the City Attorney may have been awarded attorney fees as a part of the judgments
obtained and the Firm is willing to accept an assignment of these attorney fees rather
than receive a commission of collections. The Firm further agrees to treat such
attorney fees awarded through the judgment as full satisfaction of any amounts owning
and no additional fee income would be due once the Court ordered attorney fees has
been paid.
b. Pre Judgment Accounts. For collection of accounts where a judgment has not been
entered, the fee is a twenty percent (20%) commission of any balance owing.
4. TERM OF CONTRACT
This contract shall be effective beginning the _ day of 2008,
and shall continue for an approximate two (2) year term ending on the _ day of
2010. Either party may terminate this contract upon sixty (60) days written notice to the
other party or at the address provided below.
City and Firm acknowledge and agree that Firm shall have six (6) months to receive
compensation on collections resulting from litigation or bankruptcy proceedings initiated prior to
written notice of intent to terminate this contract; such six (6) month extension begins at the
effective date. of the termination of the contract.
5. RECITALS
This contract is performable in Harris County, State of Texas, and in signing this contract,
each of the signatories listed below warrant that they are authorized to sign this contract on
behalf of the respected party to said contract.
4
VIII.
Every provision of this Agreement is intended to be severable. If any term or provision
hereof is hereafter deemed by a Court to be illegal, invalid, void or unenforceable, for any reason
or to any extent whatsoever, such illegality, invalidity, or unenforceability shall not affect the
validity of the remainder of this Agreement, it being intended that such remaining provisions
shall be construed in a manner most closely approximating the intention of the Parties with
respect to the illegal, invalid, void or unenforceable provision or part thereof.
This contract may be executed in duplicate originals, each of which shall be deemed
valid.
SIGNED the
day of
, 2008, pursuant to City
Council approval on
,2008.
ATTEST
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, Texas 77571
CITY CLERK
City Manager
APPROVED:
~r~
CITY ATTORNEY
PERDUE, BRANDON, FIELDER,
COLLINS & MOTT, L.L.P.
Jason B iley
SBN: 0 790253
1235 North Loop West, Suit 600
Houston, Texas 77008
(713) 862-1860
(713) 862-1429 Fax
5
QUOTE
TO
CITY OF LA PORTE, TEXAS
TO: CITY OF LA PORTE
604 W FAIRMONT PKWY
LA PORTE TX 77571
FROM: COMPANY
ADDRESS
CITY
ST A TElZIP
PHONE
Perdue, Brandon, Fielder,
Collins & Matt. L.I.P.
1235 N. Loop W. #600
Houston
Texas 77008
713-862-1860
ITEM
NO.
DESCRIPTION
N/A
NO. OF
UNITS
N/A
UNIT
PRICE
TOTAL
PRICE
N/A
N/A
N/A
IT IS UNDERSTOOD AND AGREED THAT THE ABOVE DESCRIBED ITEM, MATERIAL,
EQUIPMENT, AND/OR WORK SHALL CARRY THE STANDARD WARRANTY OF THE
MANUFACTURER AND BE DELIVERED ON SITE IN ACCORDANCE WITH THE ATTACHED
SPECIFICATIONS IN N/A DAYS, ARO.
THE UNDERSIGNED CERTIFIES THE BID PRICE CONTAINED IN THE FOREGOING PROPOSAL
HAS BEEN CAREFULLY CHECKED AND IS SUBMITTED IN DUPLICATE AS CORRECT AND
FINAL THIS 29TH DAY OF Mav , 2008.
Perdue, Brandon, Fielder,
Collins & Matt. L. L. P.
COMPANY
CITY OF LA PORTE
INDEMNITY HOLD HARMLESS AGREEMENT
To the fullest extent permitted by law, Contractor, its successors, assigns and
guarantors, shall pay, defend, indemnify and hold harmless the City of La Porte, its
agents, representatives, officers, directors, officials and employees from and against all
allegations, demands, proceedings, suits, actions, claims, including claims of patent or
copyright infringement, damages, losses, expenses, including but not limited to,
attorney's fees, court costs, and the cost of appellate proceedings, and all claim
adjusting and handling expenses, related to, arising from or out of or resulting from any
actions, acts, errors, mistakes or omissions caused in whole or part by Contractor
relating to work, services and/or products provided in the performance of this Contract,
including but not limited to, any Subcontractor or anyone directly or indirectly employed
by or working as an independent contractor for Contractor or said Subcontractors or
anyone for whose acts any of them may be liable and any injury or damages claimed by
any of Contractor's and Subcontractor's employees or independent contractors.
The Contractor expressly understands and agrees that any insurance policies required
by this contract, or otherwise provided by the Contractor, shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the City of La Porte, its
Council members, officers, agents and employees and herein provided.
Perdue, Brandon, Fielder,
Collins & Mott. L. L. P.
Contractor
May 29. 2008
Date
Jason Bailev
Printed Name
Signature
CITY OF LA PORTE
CERTIFICATION BY BIDDER
City of La Porte Ordinance #98-2217 prohibits any expenditure for goods or services by
the City of La Porte from any person, firm, or corporation owing any delinquent
indebtedness to the City. The undersigned bidder further certifies that it is in
compliance with the requirements of said ordinance. A copy of the ordinance may be
obtained by contacting the City of La Porte Purchasing Division at 281-470-5126.
If undersigned bidder is not in compliance with Ordinance 98-2217, it hereby assigns to
the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to
be deducted by the City of La Porte from the amounts due the undersigned.
Failure to remit this certification with the bid, or non-compliance with said ordinance
shall be just cause for rejection or disqualification of bid.
X The undersigned hereby certifies that it is in compliance with Ordinance 98-2217.
Or
_ The undersigned assigns to the City of La Porte, the amount of its delinquent
indebtedness, to be deducted by the City of La Porte from the amounts due the
undersigned.
(Initial one of the above)
Business Name:
Perdue, Brandon, Fielder,
Collins & Matt. L.L.P.
Address:
1235 N. LOaD W. #600
Authorized Signature:
Housto~s 71008
a;J.
Jason Bailey J
Printed Name:
CITY OF LA PORTE
The foregoing prices shall include all labor, materials, equipment, removal, overhead,
profit, freight, insurance, etc., to cover the finished work specified in this proposal.
All items proposed and installed under this procurement must be new and unused and in
undamaged condition. .
The City of La Porte is tax exempt and no taxes shall be included in the pricing of this bid.
Responder understands that the Owner reserves the right to reject any or all offers and to
waive any informalities in the proposal.
The Responder agrees that this proposal shall be good and may not be withdrawn for a
period of ninety (90) calendar days after the scheduled closing time.
The undersigned affinns they are duly authorized to represent this finn, that this proposal
has not been prepared in collusion with any other firm, and that the contents contained
herein have not been communicated to any other finn prior to the deadline.
Respectfully submitted:
Perdue, Brandon, Fielder,
Collins & Mott, L.L.P.
Business
1235 N. Looo W. #600
Address
Signature
Houston. Texas 77008
City, State, Zip Code
ibailev@pbfcm.com
E-mail
713-862-1860
Office Phone
713-862-1429
Fax Number
CON-FLlCT OF INTEREST QUESTIONNAIRE
FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 of
the Local Government Code by a person doing business with the
governmental entity.
By law this questionnaire must be filed with the records administrator
of the local government not later than the 7th business day after the
date the person becomes aware of facts that require the statement to
be filed. See Section 176.006, Local Government Code.
OFFICE USE ONLY
Date Received
A person commits an offense if the person violates Section 176.006,
Local Government Code. An offense under this section is a Class C
misdemeanor.
City of La Porte
1.
Name of person doing business with local governmental entity.
PerdueBrandonFielderColl ins&MottLLP
2.
D Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later
than September 1 of the year for which an activity described in Section 176.006(a), Local Govemment Code, is
pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete
or inaccurate.)
3.
Name each employee or contractor of the local governmental entity who makes recommendations to a local
government officer of the governmental entity with respect to expenditures of money AND describe the
affiliation or business relationship.
None
4.
Name each local government officer who appoints or employs local government officers of the governmental
entity for which this questionnaire is filed AND describe the affiliation or business relationShip.
None
CONFLICT OF INTEREST QUESTIONNAIRE
FORM CIQ
For vendor or other person doing business with local governmental entity
Page 2
5.
Name of local government officer with whom filer has affiliation or business relationship. (Complete this
section only if the answer to A, S, or C is YES.)
None
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation
or other relationship. Attach additional pages to this Fonn CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire?
DYes DNo
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local
government officer named in this section AND the taxable income is not from the local governmental entity?
DYes DNo
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
DYes DNo
D. Describe each affiliation or business relationship.
6. PerdueBrandonFielderCollins&MottLLP
6,;!{-os
Signat~~()f"person doing business with the governmental entity
Date