HomeMy WebLinkAbout2008-07-14 Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council
MINUTES OF A REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
July 14, 2008
1. Call to order
The meeting was called to order by Mayor Porter at 6:04 p.m.
Members of City Council Present: Mayor Porter, Mayor Pro-Tern Mike 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, Assistant City Secretary Sharon Harris, City Manager Ron Bottoms, Finance
Director Michael Dolby, Assistant City Manager John Joerns, Director of Public Works
Steve Gillett, Director of Parks & Recreation Stephen Barr, Director of Planning Tim
Tietjens, Assistant Fire Chief Donald Ladd, Assistant Director of Public Works Don
Pennell, Downtown Revitalization Coordinator Debra Dye, City Planner Masood Malik,
Economic Development Coordinator Gretchen Larson, Controller Phyllis Rinehart, Streets
Maintenance Superintendent Orville Burgess, Interim Police Chief Ron Parker, Neil Badall,
Namon Railback, Billy Dalmolin, Anthony Bernard, Bryan Dean, Jake Evans, Jerald
Jenkins, Moises Sanchez, Chris Sullivan, Scott Medearis, Eddie Weber, Scott Griffin,
Melisa Lanclos, Robert Chittenden, Sarah Lindeen and a number of other employees
~
Others present: Ken Patel, Dick Gregg, Robert and Anisha Chittenden, Raul and Josie
Manriquez, Susie Burgess, Brad Brann, James Leslie, Mildred Rosamond, Margaret
Anderson, Barbara Norwine, Judy Sweatt, Kathy Strader, Sandi Page, Ted Powell, Ray
Covey, Kathryn Aguilar, Kenneth Van Zandt, Betty Wilson, Brenda Johnson, Deborah
Ratliff, Claudia Zapata, Santiago Zapata, Phillip Hoot, Ronda Lunsford, Patricia Clark, Jim
Larson, Verna Rider, Dianne Rider, David Janda, Adam Yanelli of the Bayshore Sun,
John Handy of the Houston Chronicle, and a number of citizens.
2. James Leslie with Cross in the City led the invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENT A TIONS/ PROCLAMATIONS
Mayor Porter and Director of Public Works Steve Gillett recognized the retirement of Orville
Burgess, Street Maintenance Superintendent and thanked him for his many years of
service to the city.
Mayor Porter and Lee Allen recognized Neil Badall of Public Works as the Second Quarter
"Employee of the Quarter".
Regular Meeting, Public Hearing and Workshop Meeting July 14,2008
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Mayor Porter congratulated Billy Dalmolin of the Fire Department as the Grand Prize
Winners in the "Safety Suggestion Program", and Namon Railback of the Public Works
Department for the "Safety Meeting 100% Attendance Club.
Additional "Safety Meeting 1 00% Attendance Club members present and recognized were
Anthony Bernard (Streets), Bryan Dean (EMS), Jake Evans (EMS), Jerald Jenkins
(Utilities), Sarah Lindeen (Admin), Raul Manriquez (Solid Waste), Moises Sanchez
(Utilities), and Chris Sullivan (Goln.
5. Consent Agenda
A. Council to consider approving Minutes of the Regular Meeting and Workshop
Meeting of the La Porte City Council held on June 23, 2008 - S. Harris
B. Council to consider authorizing the City Manager to execute a contract with Angel
Brothers Enterprises, Inc. for the asphalt overlay of various streets in the amount
of $577,510.00 and authorize an additional $28,875.00 for contingency - S. Gillett
C. Council to consider approval or other action to accept proposal from Prescott
Solutions of Houston, Texas for the amount of $123,680.00 along with a
contingency amount of $12,500.00 - S. Gillett
D. Council to consider approval or other action regarding an ordinance establishing
speed limits within the City of La Porte along SH (State Highway) 146 and State
Highway 146 frontage roads (Ord. 3088) - S. Gillett
E. Council to consider approval or other action authorizing an agreement between
the City of La Porte and Perdue, Brandon, Fielder, Collins and Mott, LLP for city
mowing and demolition lien collection services (Ord. 3089) - P. Rinehart
Councilmember Malone pulled item E for discussion.
Motion was made by Councilmember Enqelken to approve the consent aqenda as
presented. Councilmember Clausen seconded the motion. Motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, and Engelken.
Nays: None
Abstain: Porter and Ebow abstained from the minutes.
Absent: None
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council.
Phillip Hoot - 927 Sea breeze- spoke against a hotel development to be located at 1332
South 8th Street.
Regular Meeting, Public Hearing and Workshop Meeting July 14, 2008
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Mildred Rosamond - 1520 Cedar Cove - spoke against a hotel development to be located
at 1332 South 8th Street.
Margaret Anderson - 909 Garden Walk - spoke against a hotel development to be located
at 1332 South 8th Street
7. Chairman Mosteit and Public Works Director Steve Gillett provided a report to City Council
from the June 23,2008 Drainage and Flooding Committee Meeting.
Board member Engelken provided a report from the July 1,2008 and July 7,2008 La Porte
Development Corporation Board Meetings.
Board Member Bill Manning provided a report from the June 30, 2008 Main Street
Advisory Board Meeting.
8. Public Hearing- Council to consider recommendation of Planning and Zoning Commission
regarding Special Conditional Use Permit (SCUP) Request #SCU08-002 for development
of a hotel to be located at 1332 South 8th Street. (Ord. 1501-E6)
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:40 p.m.
Planning Director Tim Tietjens presented summary and recommendation and answered
Council's questions.
Public Comments:
Sandi Page - 1402 Cypress Cove spoke against a hotel development to be located at
1332 South 8th Street.
Judy Sweatt -1407 Cypress Cove spoke against a hotel development to be located at
1332 South 8th Street
Dick Gregg- 16055 Space Center Houston, TX spoke in favor of a hotel development to be
located at 1332 South 8th Street
Kathy Strader 1512 Poplar Cove spoke against a hotel development to be located at 1332
South 8th Street
Sarah Morrison - 706 Garden Walk spoke against a hotel development to be located at
1332 South 8th Street
Deborah Ratliff - 1418 Beech Cove spoke against a hotel development to be located at
1332 South 8th Street
Brad Brann - 1406 Cypress Cove spoke against a hotel development to be located at
1332 South 8th Street
Regular Meeting, Public Hearing and Workshop Meeting July 14,2008
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Patricia Clark - 3817 Ashwood Circle spoke against a hotel development to be located at
1332 South 8th Street
Kathy Sydnor - 1413 Beech Cove spoke against a hotel development to be located at
1332 South 8th Street
The Public Hearing was closed at 7:05 p.m.
Recommendation of the Planning & Zoning Commission - City Council to deny Special
Conditional Use Permit #SCU08-002 for proposed hotel along South 8th Street.
9. Council to consider approval or other action regarding Ordinance 1501-E6.
Assistant City Attorney Clark Askins read: Ordinance 1501-E6- AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER
106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY
OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU08-002
FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS: TO-WIT: 2.5
ACRES, LOTS 1-32, BLOCK 1150, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY
ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF
DEVELOPING A HOTEL IN GENERAL COMMERCIAL ZONE ADJACENT TO
RESIDENTIAL ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF;
Motion was made by Councilmember Malone to affirm Planninq and Zoninq
recommendation to deny Special Conditional Use Permit #SCU08-002 for hotel alonq
South 8th Street as presented by Mr. Tietiens. Councilmember Rigby seconded the
motion. The motion carried unanimously.
Ayes: Mosteit, Clausen, Moser, Rigby, Black, Malone, Engelken
Ebow and Porter
Nays: None
Abstain: None
Absent: None
Council retired into Executive Session at 7:12 p.m. by pulling and discussing Item #
228.
Council reconvened to the Regular Meeting at 8:12 p.m.
Council took no action at this time on Item #22(8)
10. Council to consider approval or other action recommending the date of August 25,2008,
for the Public Hearing on the City's FY 2008-2009 Proposed Budget.
Regular Meeting, Public Hearing and Workshop Meeting July 14, 2008
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Motion was made by Councilmember Moser to approve the date Auqust 25. 2008 as
recommended by Mr. Dolby. Council member Malone seconded the motion. The motion
carried unanimously.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter.
Nays: None
Abstain: None
Absent: None
11. Council to consider approval or other action of an ordinance approving and authorizing
the sale of the home at 224 N. 6th Street, as well as, 211 N. 1st Street, 207 N. 2nd Street (at
such time as buyers are located), as part of the City's HOME Grant, and authorizing the
City Manager Ron Bottoms to execute the closing documents. (Ord.3090) - T. Tietjens
Director of Planning Tim Tietjens presented summary and recommendations and
answered Council's questions.
Assistant City Attorney Clark Askins read ordinance 3090 AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE LAND SALE CONTRACTS AND
RELATED DOCUMENTS, AS PART OF THE H.O.M.E. PROGRAM YEAR 2006
NORTHSIDE NEIGHBORHOOD SINGLE FAMILY CONSTRUCTION PROJECT,
BETWEEN THE CITY OF LA PORTE AND LINDA DOUGHTY, FOR PROPERTY
LOCATED AT 224 N. 6TH STREET, ALSO DESCRIBED AS LOTS 3-4 BLK. 66; AND
BETWEEN THE CITY OF LA PORTE AND BUYERS OF PROPERTIES AT 211 N. 1 ST
STREET, ALSO DESCRIBED AS LOTS 23-24, BLK. 62; 207 N. 2ND STREET, ALSO
DESCRIBED AS 21-23, BLK. 63; AND 216 N. 2ND STREET, ALSO DESCRIBED AS LOTS
3-4, BLK. 62, AT SUCH TIMES AS BUYERS ARE LOCATED; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Moser to approve the ordinance as recommended
by Mr. Tietiens. Councilmember Malone seconded the motion. The motion carried
unanimously.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: None
Absent: None
12. Council to consider approval or other action regarding an ordinance authorizing the City
Manager to execute a contract between the City of La Porte and Huitt-Zollars, Inc. in the
amount of $137,500.00 for design services for the bicycle-pedestrian pathway along the
south side of Fairmont Parkway, including survey, abstracting, design, bidding and
construction monitoring services. - (Ord. 3091)
Director of Parks and Recreation Stephen Barr presented summary and recommendation
and answered Council's questions.
Regular Meeting, Public Hearing and Workshop Meeting July 14, 2008
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Assistant Attorney Clark Askins read ordinance 3091- AN ORDINANCE APPROVING AND
AUTHORIZING A DESIGN CONTRACT BETWEEN THE CITY OF LA PORTE AND
HUITT-ZOLLARS, INC. TO PROVIDE DESIGN SERVICES FOR THE FAIRMONT
PARKWAY BICYCLE-PEDESTRIAN PATHWAY PROJECT ACCORDING TO THE
TERMS OF THE AGREEMENT PROVIDED; APPROPRIATING $137,500.00 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.
Motion was made by Councilmember Ebow to approve the ordinance as recommended
by Mr. Barr. Councilmember Engelken seconded the motion. The motion carried.
Ayes: Mosteit, Mayor Pro-Tem Clausen, Black, Malone, Engelken, Ebow and Porter
Nays: Rigby and Moser
Abstain: None
Absent: None
13. Council to consider approval or other action regarding an amended Developer's
Agreement for the Lakes at Fairmont Greens, along with milestone dates, fence and other
amenity specifications to be located along State Highway 146 adjacent to the Bay Forest
Golf Course.- 1. Tietjens
Director of Planning Tim Tietjens presented summary and recommendations and
answered Council's questions.
Motion was made by Councilmember Riqby to approve the ordinance as recommended
by Mr. Tietiens. Councilmember Mosteit seconded the motion. The motion carried
unanimously.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: None
Absent: None
14. Council to consider approval or other actions of the La Porte Development Corporation
Board from their meeting of July 7,2008 and authorize a budget amendment for the hiring
of a firm for the completion of a City-Wide Economic Development Plan in the amount not
to exceed $125,000.00 for the fees and for any costs associated with necessary meetings,
materials and supplies. - G. Larson
Economic Development Coordinator Gretchen Larson presented summary and
recommendations and answered Council's questions.
Motion was made by Councilmember Clausen to approve the budqet amendment for $125,
000.00 as presented by Ms. Larson. Councilmember Black seconded the motion. The
motion carried unanimously.
Regular Meeting, Public Hearing and Workshop Meeting July 14,2008
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Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: None
Absent: None
15. Council to consider approval or other action of the La Porte Development Corporation
Board vote to amend the La Porte Development Corporation Board FY 2008 Budget in the
amount of $700,000.00 for the Sylvan Beach Shoreline Protection and Beach
Renourishment Project - G. Larson
Economic Development Coordinator Gretchen Larson presented summary and
recommendations and answered Council's questions.
Motion was made by Councilmember Enqelken to approve a budqet amendment for ~
000.00 as presented by Ms. Larson. Councilmember Malone seconded the motion. The
motion carried unanimously.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: None
Absent: None
16. Council to consider approval or other action regarding an ordinance of the City of La Porte,
electing to be included in a class action lawsuit for the collection of Hotel-Motel taxes from
Online Travel Companies - (Ord. 3092) - C. Askins
Assistant City Attorney Clark Askins presented summary and recommendations and
answered council's questions.
Assistant City Attorney Clark Askins read ordinance 3092- AN ORDINANCE OF THE CITY
OF LA PORTE, ELECTING TO BE INCLUDED IN A CLASS ACTION LAWSUIT PENDING
IN UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF TEXAS, SAN
ANTONIO DIVISION, FOR THE COLLECTION OF HOTEL-MOTEL TAXES FROM
ONLINE TRAVEL COMPANIES, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Ebow to ioin the class action lawsuit as
recommended by Mr. Askins. Councilmember Malone seconded the motion. The motion
carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: None
Absent: None
Regular Meeting, Public Hearing and Workshop Meeting July 14, 2008
8
17. Council to consider approval or other action to approve the amendment of Ordinance 1285
changing the current authorized classifications in Civil Service - (Ord. 1285-S) - R. Parker
Interim Police Chief Ron Parker presented summary and recommendations and answered
Council's questions.
Assistant City Attorney Clark Askins read ordinance 1285-S, AN ORDINANCE
AMENDING ORDINANCE 1285, "AN ORDINANCE IMPLEMENTING POLICEMAN'S
CIVIL SERVICE, ESTABLISHING CLASSSIFICATIONS, NUMBER OF AUTHORIZED
POSITIONS IN EACH CLASSIFICATION; ESTABLISHING PAY SCHEDULES",
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember RiQby to deny the ordinance and maintain current
classifications as recommended by Mr. Parker. Council member Black seconded the
motion. The motion carried unanimously.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter
Nays: None
Abstain: None
Absent: None
18. Mayor Porter closed Regular Meeting and opened Workshop Meeting at 9:08 p.m.
Emergency Management Coordinator Jeff Suggs discussed a lease agreement with La
Porte Independent School District for a joint IT (Information Technology) Building.
19. Mayor Porter closed Workshop meeting and reconvened to Regular Meeting at 9:15 p.m.
20. City Manager Ron Bottoms provided Administrative Reports for the following:
A. City Council Meeting - July 28, 2008 - 6:00 p.m.
B. Fiscal Affairs Committee Meeting - July 28, 2008 - 5:00 p.m.
C. Newly Elected Officials Orientation - July 25-26,2008 - Austin, Texas
21. Council Comments- Moser, Black, Malone, Ebow, Engelken, Mosteit, Clausen, Rigby and
Porter.
The public remonstrance's portion of the regular Meeting was reopened and the following
were allowed to speak
Ted Powell-1700 Roscoe addressed Council about restoring Sylvan Beach Pavilion
Kathryn Aguilar 3119 Fondren addressed Council regarding improvements and restoring
Sylvan Beach Park.
Regular Meeting, Public Hearing and Workshop Meeting July 14,2008
9
Kathryn Aguilar 3119 Fondren addressed Council regarding improvements and restoring
Sylvan Beach Park.
22. 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. 551.087 (Economic Development) Negotiations
Meet with City Manager
and Economic Development
Coordinator to discuss
Retail Development in City
and Main Street Revitalization
Projects
B. 551.072 (Deliberation regarding Real Property)
Meet with City Manager, City
Attorney and Director of Parks
and Recreation for the purpose
of deliberating the purchase
of real property
Council retired into Executive Session at 9:47 p.m. and returned to the Regular Meeting
and reconvened at 10:09 p.m.
23. Considerations and possible action on items in executive session.
There was no action taken in the Executive Session.
24. There being no further business to come before Regular Meeting, Public Hearing and
Workshop Meeting was duly adjourned at 10:10 p.m.
Respectfully submitted,
V~ tLtnt,)/alLiC{;
Sharon Harris, TRMC
Assistant City Secretary
Passed and approved on this 28th day of July 2008.
CJL~ ~,'?~~
Mayor Alton E. Porter
7
-----"-~
--~..~.,---- ..-- .....---~
REQUEST FOR CITY COUNCIL AGENDA ITEl\'1
Stephen Barr
Appropriation
Agenda Date Reqnested: Jnl 28 2008
Reqnested By:
Fund 48
Department:
Account Number:
048-9392-923-1100
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Amount Requested:
Exhibits:
Budgeted Item:
Exhibits:
SUMMARY & RECOMMENDATION
The City of Pasadena has given verbal notification through its Mayor that they will not
participate in the proposed joint venture project. In the July 14th executive Council session, the
Council considered several sites for a new location for the proposed ballfield complex. Council
gave staff direction to proceed with the siting of the ten field baseball complex on the west side
park property and to jointly include components for a passive park as well.
The Ordinance presented tonight will formalize the process and allow the City of La POlte to
move forward with that plan of action. It authorizes the City Manager to move forward with the
procm-ement of architectural services for the design and construction of the new baseball
complex.
Staff has met with the president of the La Porte Boy's Baseball Association and the association is
very much in favor of this proposed plan. The plan consolidates the fields in a single location
that is fairly isolated from residential areas, reducing noise and light pollution from the sports
activities. Staff recommends that the City Council approve the ordinance designating the west
side park property as the site for a baseball complex and the procm-ement of architectural
servIces.
Action Required bv Council: Consider approval or other action regarding an ordinance
designating the west side park property as a site for a baseball sports complex, and authorizing
th . y Manager to procure architectural services for the design and construction of said
seb 11 sports complex.
Council A enda
:JJ:) ~s
Date
ORDINANCE NO. 2008 -.!,Cq .3
AN ORDINANCE DESIGNATING WESTS IDE PARK AS THE SITE FOR A BASEBALL
SPORTS COMPLEX, AUTHORIZING THE PROCUREMENT OF ARCHITECTURAL
SERVICES FOR THE DESIGN AND CONSTRUCTION OF SAID BASEBALL SPORTS
COMPLEX, 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 designates the westside
Park, situated on Canada Road in the city of La Porte, as the site
for a baseball sports complex.
Section 2.
The City Manager is directed to procure
architectural services for the design and construction of said
baseball sports complex, subject to approval of City Council.
Section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the city Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of July, 2008.
CI~ ~~ .LA f\~ORV
lA1:~~ ) b.~~
Alton E. Porter, Mayor
By:
ATTEST:
~ (~j[)l~.!JIa AJ/~
.Sharon Harris
Assistant City Secretary
APPROVED: ~
Kn~~'
city Attorney
2
8
-'
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By: Stephen Barr
Source of Funds:
Department: Parks & Recreation
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Information on Project Management
Amount Requested:
Exhibits:
Budgeted Item:
Exhibits:
SUMMARY & RECOMMENDATION
The siting of the new baseball complex at the West Side Park property will necessitate the re-
design of the project. There are several different methods for the procurement of construction
services that have been recently approved by the Texas Legislature. An example is the Design-
Build method that was used for the new Police Station. There are several other approved
procurement methods that can be used, that would expedite the process, including the
Construction Manager method, and the Construction Manager at Risk method. The City of La
Porte has not used either of these methods for the procurement of construction services and are in
the process of exploring each as a possible method for getting this project on track as soon as
possible.
Mr Bob Randall of Randall-Porterfield Architects, Inc. is here tonight to give a brief overview of
each method, answer any questions that the Council may have, and formulate a recommendation
so that Council can give direction regarding the procurement method to be used for this project.
Council A enda
Ron Bottoms, City Manager
Information About Various Construction l\Ianagement l\rlethods
Construction l\rlanagement
Construction Management refers either to the study and practice of the managerial and
technological aspects of the construction industry (including construction, construction science,
construction management, and construction technology), or to a business model where one party
to a construction contract serves as a construction consultant, providing both design and
construction advice.
Typically, the construction industry includes three parties: an owner, a designer (architect or
engineer), and the builder (usually called the general contractor). Traditionally, there are two
contracts between these three parties as they work together to plan, design, and construct the
project. The first contract is the owner-designer contract, which involves planning, design, and
construction administration. The second contract is the owner-contractor contract, which
involves construction. An indirect, third-party relationship exist between the designer and the
contractor due to these two contracts.
An alternate contract or business model replaces the two traditional contracts with three
contracts: owner-designer, owner-construction manager, and owner-builder. The construction
management company becomes an additional party engaged in the project to act as an advisor to
the owner, to which they are contractually tied. The construction manager's role is to provide
construction advice to the designer, on the owner's behalf, design advice to the constructor, again
on the owner's behalf, and other advice as necessary.
Design Build Contracts
Recently a different business model has become more popular. Many owners - particularly
govel11ment agencies have let out contracts which are known as Design-Build contracts. In this
type of contract, the construction team is known as the design-builder. They are responsible for
taking a concept developed by the owner, completing the detailed design, and then pending the
owner's approval on the design, they can proceed with construction. Virtual Design and
Construction technology has enabled much ofthe ability of contractors to maintain tight
construction time frames.
There are two main advantages to using a design-build contract. First, the construction team is
motivated to work with the design team to develop a design with constructability in mind. In that
way it is possible for the team to creatively find ways to reduce construction costs without
reducing the function of the final product. The owner can expect a reduced price due to the
increased constructability of the design.
The other major advantage involves the schedule. Many projects are given out with an extremely
tight time frame. By letting out the contract as a design-build contract, the contractor is
established, and early mobilization and construction activities are able to proceed concurrently
with the design. Under a traditional contract, construction cannot begin until after the design is
Page 1 of 4
finished, the project is bid and awarded, and the team can mobilize. This type of contract can
take months off the finish date of a project.
Agency Construction lVlanager
Constmction Cost Management is a fee-based service in which the Constmction Manager (CM)
is responsible exclusively to the owner and acts in the owner's interests at every stage of the
project. The constmction manager offers advice, uncolored by any conflicting interest, on
matters such as:
. Optimum use of available funds;
. Control of the scope of the work;
. Project scheduling;
. Optimum use of design and constmction firms' skills and talents;
. A voidance of delays, changes and disputes;
. Enhancing project design and constmction quality;
. Optimum flexibility in contracting and procurement.
. Cashflow Management.
Comprehensive management of every stage of the project, beginning with the original concept
and project definition, yields the greatest possible benefit to owners fi'om Constmction
Management.
Construction Manager At-Risk
eM at-Risk is a delivery method which entails a commitment by the constmction manager to
deliver the project within a Guaranteed Maximum Price (GMP), in most cases. The constmction
manager acts as consultant to the owner in the development and design phases, (often referred to
as "Preconstruction Services"), but as the equivalent of a general contractor during the
construction phase. When a constmction manager is bound to a GMP, the most fundamental
character of the relationship is changed. In addition to acting in the owner's interest, the
constmction manager must manage and control construction costs to not exceed the GMP, which
would be a financial hit to the CM company.
CM "At Risk" is a global term referring to a business relationship of Constmction contractor,
Owner and Architect / Designer. Typically, a CM At Risk ammgement eliminates a "Low Bid"
construction project. A GMP agreement is a typical part of the CM and Owner agreement
somewhat comparable to a "Low Bid" contract, but with a number of adjustments in
responsibilities required by the CM. Aspects ofGMP agreements will be elaborated below. The
following are some primary aspects of the most potential benefits of a CM At Risk arrangement:
Budget management: Before design of a project is completed ( 6 months to 1-1/2 years of
coordination between Designer and Owner), the CM is involved with estimating cost of
constructing a project based on hearing from the designer and Owner (design concept) what is
going / desired to be built. Upon some aspect of desired design raising the cost estimate over the
budget the Owner wants to maintain, a decision can be made to modify the design concept
Page 2 of 4
instead of having to spend a considerable amount of time, effOlt and money re-designing and/or
modifying completed construction documents, OR, the Owner decides to spend more money or
obtain higher financial support for the project. To manage the budget before design is done,
construction crews are mobilized, CM is spending tens of thousands per week just having onsite
management, major items are purchased, etc, etc,...is an extremely more effcient use of
everyone's time, effOlt, Architect / Designer's costs, and the CM's General Conditions costs,
AND delivering to the Owner a design within his budget.
Maintaining positive working relationships among the Owner, Architect / Designer and
Constructor.
Maximizes the awareness among Owner, Architect I Designer and CM of all parties needs,
expectations in order to perform their part of the project in the most efficient manner.
Construction l\tlanager at Risk, Additional Information
The CM at-risk delivery method is an alternative procurement process similar to long-standing
private sector construction contracting. It allows the client to choose the CM before the design
stage is complete. The CM is chosen based on qualifications, and then the entire operation is
centralized under a single contract. The architect and CM work together in order to cultivate and
assay the design. Then, the CM gives the client a guaranteed maximum price, and coordinates all
subcontract work. Cost savings can be realized in a number of ways. By hiring the CM during
the design phase, early coordination is possible, which can increase the speed of the project and
strengthen coordination between the AE and the CM. Since the client hires the construction
manager based on qualifications, it ensures a construction manager with a strong allegiance to
the client, because their business relies on references and repeat work. Finally, transparency is
enhanced, because all costs and fees are in the open, which diminishes adversarial relationships
between components working on the project, while at the same time eliminating bid shopping.
Due to the fact that legislation is changing on a constant basis, we have compiled information on
the states which have construction manager at-risk laws, links to those laws, and additional
resources related to construction management at-risk.
Texas
Construction management at-risk is expressly authorized for school districts. It is also authorized
for use in other public projects for the construction, rehabilitation, alteration, and repairs of
facilities. Procedures for this process are duly ascribed by the appropriate government agent.
Statute 9 44.038
Statute 9 51. 782
Statute 9 2166.2532
Statute 9 271.118
Statute 9 60.462
Page 3 of 4
HB2828-A navigation district or pOlt authority may use alternative project delivery, including
c-m at risk for projects costing over $25,000 to construct, rehabilitate, alter, or repair facilities.
Sent to the Governor 5/24
Page 4 of 4
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested July 28 2008
Requested By: Mayor Alton E. Porter
Appropriation
Source of Funds: n/a
Department:
M:il,.YQr'~ Off.i~~
Account Number: n/a
Report:
Resolution:
Ordinance:
x
Amount Budgeted: n/a
.. .
.
Amount Requested:
Exhibits:
Memo dated 7/2/08 from City Secretarv
Budgeted Item: YES NO
Exhibits:
Appli{,l1tions
SUMMARY & RECOMMENDATION
La Porte City Council to approve appointments, reappointments, and fill vacant positions on various Boards and
Commissions that are expiring August 31, 2008.
~P-3 /;8
Date
ORDINANCE NO. 2004-2782-V
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 2010
position 2. - Nick Hooke 2010
position 3 . - *Hector Villarreal 2009
position 4. - * Tucker Grant 2009
position 5. - Steve Gillett 2010
Position 6. - Eliminated by City Council
on 7/13/98 by Ord. 98-2265
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 2010
position 3 Alton Porter 2009
position 4 * Horace Leopard 2010
position 5 Doug Martin 2009
position 6 *J.J. Meza 2010
position 8 *Chester Pool 2010
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 Benefits Committee, 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 No Term
Citizen position 2 Steve Valerius No Term
Retiree Participant - Sammy Jacobs No Term
Employee Participant - Karen Beerman No Term
Finance Staff Michael Dolby No Term
H.R. Staff Heather Weger No Term
Legal Staff Clark T. Askins No Term
Alternate Pos. 1 Matt Daeumer No Term
Alternate Pos. 2 Julie Graham 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 i Alternate position 2 may participate in all meetings of
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.
2
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 - Louis Rigby 2008
Committee Member - Howard Ebow 1998
Alternate Member 1 - Georgia Malone 2008
Alternate Member 2 - Tommy Moser 2004
Section 5. The City Council of the City of La Porte hereby
makes the following appointments to the Fire Code Review Board of
the City of La Porte, for terms expiring on August 31st of the
their successors shall have been duly
year indicated, or until
appointed and qualified:
District 1
District 2
District 3
District 4
District 5
District 6
2011
*Jeff Brown 2009
*Woodrow Sebesta 2009
*Floyd Craft 2009
Jim Bridge 2009
Lester Clark 2011
*Bryan Moore 2009
Paul Vige 2011
*Lynn Green 2009
At Large-A
At Large-B
Mayor
Section 6. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Area Water
Authority, for terms expiring on August 31st of the year
3
indicated, or until their successors shall have been duly
appointed and qualified:
position 1 Robert Roy 2009
position 2 Dennis H. Steger 2009
position 3 Steve Valarius 2009
position 4 David Janda 2010
position 5 2010
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
city 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 2010
Tommy Moser 2009
*Bill Love 2010
Ed Matuszak 2009
*Pat Muston 2010
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,
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
4
Health Authority Abdul R. Moosa, M.D. 2011
Alternate Robert D. Johnston, M.D. 2011
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
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 2
position 3
position 4
position 5
position 6
position 7
position 8
position 9
Section 10.
Peggy Antone 2009
* Da ve Turnquist 2010
Alton Porter 2009
* Horace Leopard 2010
Douglas Martin 2009
*J.J. Meza 2010
L.P.I.S.D. Rep 2009
*Chester Pool 2010
Position 1- Edward Matuszak, Chairman 2011
Position 2 - Margaret Anderson 2011
Position 3 - Bill Manning, Jr. 2011
position 4- Shar Lynch 2009
position 5- *Jerry Carpenter 2009
5
position 6- Mark Follis 2009
position 7- Paul Larson 2010
position 8- Ronda Lunsford 2010
position 9- Debra Gallington 2010
position 10- position 10 Eliminated by Ordinance 2004-
2782-L on August 28th , 2006 by City Council action.
position 11- position 11 Eliminated by Ordinance 2004-
2782-L on August 28th, 2006 by City Council action.
There are also three (3) Ex Officio members of this Board:
1 the city of La Porte's Main Street Coordinator
2 the City Manager of the City of La Porte, or his
designee
3 the Manager of the La Porte-Bayshore Chamber of
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
their successors shall have been duly
year indicated, or until
appointed and qualified:
Chairman
District 1
District 2
District 3
District 4
District 5
District 6
*Pat Muston
Doretta Finch
*Nick Barrera
*Kirby Linscombe, Jr.
Dottie Kaminiski
Paul Berner
2009
2011
2009
2009
2010
2010
2011
2010
Alternate 1
Hal Lawler
6
Alternate 2 Les Bird 2011
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
position 2 Bob Capen
position 3 Rod Rothermel
Position 4 Charles Schoppe
position 5 George W. Maltsberger
Alternate 1 * Lawrence McNeal
Alternate 2 *Gilbert Montemayor
7
2010
2010
2009
2009
2011
2011
Mark Follis 2011
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
Committee, without term, or until their successors shall have been
duly appointed and qualified:
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:
Tom Campbell
Terry Bunch
position 1
position 2
position 3
position 4
position 5
position 6
position 7
Section 15.
Paul Larson
Ron Holt
Ken Schlather
Veterinarian
Rabies Control Authority
- Donna Medford, DVM No Term
No Term
8
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,
recites, and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of
the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code i and that this meeting has been open to the public as
required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
9
Section 20. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this :J}-1ay of ~
, 2008.
By:
CtTY OF LA P...O~
\ 1\ \ J..-. (l / 1 -
,,-Lt~<--. L~
Alton E. Porter
Mayor
ATTEST:
ia~~ lrv
City Secretary
APP~uJ ~L k
Clark T. Askins I~
Assistant City Attorney
10
CITY OF LA PORTE
CITY SECRETARY'S OFFICE
INTEROFFICE MEMORANDUM
July 2,2008
TO:
Mayor and City Council
CC:
FROM:
City Manager
Assistant City Manager
Executive Staff
Staff Liaisons
Martha A. Gillett, TRMC, CMq('{\;. ~
City Secretary J \ \ 0 ~
SUBJECT:
Boards and Commissions
Outlined below is a summary of boards and commissions term expirations, vacancies and
applications :
ANIMAL SHELTER ADVISORY COMMITfEE
Richard Reff - Rabies Control Authority - Needs to be replaced by staff member
BAY AREA HOUSTON ECONOl\fiC DEVELOP:MENT REPRESENTATIVES
Barry Beasley - City Representative - Needs to be replaced by Council Member
CITY OF LA PORTE REINVESTMENT ZONE NUMBER ONE BOARD OF
DIRECTORS
Dave Turnquist - Term Expires August 31, 2008 - stated he is willing to serve another
term
Horace Leopard - Term Expires August 31, 2008 - stated he is willing to serve another
term
Page 2
J .J. Meza - Term Expires August 31, 2008 - stated he is willing to serve another term
Chester Pool - Term Expires August 31, 2008 - stated he is willing to serve another term
BUILDING CODES APPEAL BOARD
Ken Schlather - Position 5 - Term Expires August 31, 2008 - stated he is willing to serve
another term
John Elfstrom - Position 6 - Resigned and position needs to be replaced
Bruce Compton - Position 7 - Resigned and position needs to be replaced
We have not received any applications for these positions.
CIVIL SERVICE COMMISSION (Civil Service Appointments made by the City
Manager)
Les Bird - Vice Chairman - Term Expires August 31, 2008 - stated he is willing to serve
another term
FIRE CODE REVIEW COMMITTEE
Tim Bird - District 1 - Term Expires August 31, 2008 - Resigned due to not living in the
district - position needs to be replaced
Lester Clark - District 6 - Term Expires August 31, 2008 - stated he is willing to serve
another term
Paul Vige - AL-B - Term Expires August 31, 2008 - stated he is willing to serve another
term
Jack Oliphant has stated he is willing to serve on this committee but has not submitted a
formal application.
HGAC REPRESENTATIVES
Alternate Representative - Barry Beasley needs to be replaced with another Council
Member.
Page 3
LA PORTE AREA WATER AUTHORITY
Position 4 - Term Expires August 31, 2008 - Chester Pool resigned and position needs to
be replaced
Position 5 - Term Expires August 31, 2008 - Paul Berner resigned and position needs to
be replaced.
There are no applicants for these positions.
LA PORTE DEVELOPl\1ENT CORPORATION - 4B
Mike Clausen - Term Expires August 31, 2008 - is willing to serve another term.
Bill Love - Term Expires August 31, 2008 - is willing to serve another term
Pat Muston, President - Term Expires August 31, 2008 - is willing to serve another term
LA PORTE HEALTH AUTHORITY
Abdul R. Moosa, MD - Health Authority - Term Expires August 31, 2008 - is willing to
serve another term
Robert D. Johnston, MD - Alternate - Term Expires August 31, 2008 - is willing to
serve another term
LA PORTE REDEVELOPMENT AUTHORITY
Dave Turnquist - Position 2 - Term Expires August 31, 2008 - is willing to serve another
term.
Horace Leopard - Position 4 - Term Expires August 31, 2008 - is willing to serve
another term.
J.J. Meza - Position 6 - Term Expires August 31, 2008 - is willing to serve another term
Chester Pool - Position 8 - Term Expires August 31, 2008 - is willing to serve another
term
Page 4
MAlN STREET ADVISORY BOARD
Ed Matuszak, Chairman - Term Expires August 31, 2008 - is willing to serve another
term
Position 2 - Vacant - Term Expires August 31, 2008 - needs to be replaced
Position 3 - Bill Manning - Term Expires August 31, 2008 - is willing to serve another
term
Position 7 - Vacant - Term Expires August 31, 2010 - needs to be replaced
Position 8 - Vacant - Term Expires August 31,2010 - needs to be replaced
Position 9 - Vacant - Term Expires August 31,2010 - needs to be replaced
The following people have applied to serve on this board (see attached applications):
Kathryn Aguilar
Phillip Hoot
Cris Santiago
Margaret Anderson
Jason Leopard
Ronda Lunsford
Paul Larson
Tom Stringer
Stephanie Cox
PLANNING AND ZONING COMMISSION
District 1 - Doretta Finch - Term Expires August 31, 2008 - IS willing to serve
another term
District 6 - Claude Meharg - Term Expires August 31, 2008 - resigned - position
needs to be replaced
Alternate 2 - Les Bird - Term Expires August 31, 2008 - if you choose to move Les to
the vacant position, his position will need to be replaced - he is willing to serve another
term
Phillip Hoot has completed an application and is willing to serve on this board.
Page 5
ZONING BOARD OF ADJUSTMENT
Alternate 1 - Lawrence Mc Neal - term expires August 31, 2008 - is willing to serve
another term
Alternate 2 - Gilbert Montemayor - term expires August 31, 2008 - is willing to serve
another term
THE FOLLOWING BOARDS/COMMITTEES DO NOT HA VE TERM
EXPIRATIONS:
Animal Shelter Advisory Board
Donna Medford, DVM, Veterinarian
Richard Reff - needs to be replaced with new staff member
Clarence Anderson-Animal Control Officer
Dana Dicker - Animal Welfare Representative
Georgia Malone - City Council
Bay Area Houston Convention and Visitors Bureau
Debra Dye
Gretchen Larson
Joe Bertuglia
Chapter 172 Employee Retiree and Insurance Benefits Committee
George Van Dyke, Citizen Position 1
Steve Valerius. Citizen Position 2
Michael Dolby, Finance Staff
Heather Weger, H.R. Staff
Clark Askins/Legal Staff
Karen Beerman, Employee Participant (Retiring in November 08)
Sammy Jacobs - Retiree
Matt Daeumer - Alternate to Citizen Position 1
Juliane Graham - Alternate to Citizen Position 2
Drainage and Flooding Committee
Mike Mosteit, Chairman
Mike Clausen, Vice Chairman
Chuck Engelken, Member
Tommy Moser, Member
Howard Ebow, Alternate
Page 6
Fiscal Affairs Committee
Chuck Engelken, Chairman
Committee Member, Louis Rigby
Committee Member, Howard Ebow
Alternate Member, Tommy Moser
Alternate Member, Vacant (due to Louis Rigby moving to committee member
and Tommy Moser moving to 151 Alternate
Noone has resigned or indicated they do not wish to continue serving and the
Boards/Committees with no term expirations. However, please note Karen Beerman
will be retiring in November 2008 from the Chapter 172 Board.
Also attached you will fmd the handbook which provides additional information
regarding each board/committee, as well as, contact information on members.
In addition, I have provided a copy of each application on fIle. If we receive any
additional applications, they will be forwarded to you immediately.
A Boards and Commissions action item will be placed on the July 28th City Council
Agenda. If you need my office to send applications to anyone, or contact any potential
applicants on your behalf please advise.
/mg
FROM THE DESK OF
MARTHA A. GILLETT, TRMC, CMC
CITY SECRETARY
July 22, 2008
To: Mayor and City Council
City Manager
Attached are the applications I have on file of people interested in serving on a
Board/Commission or Committee.
Shar Lynch
Main Street Advisory Board/Other
Kathryn Aguilar
Main Street Advisory, La Porte Development Board &
TIRZ
Phillip Hoot
La Porte Development Board, Planning & Zoning & Main
Street Advisory
Cris Santiago
Main Street Advisory
Margaret Anderson
Main Street Advisory
Jason Leopard
Main Street Advisory
Ronda Lunsford
Main Street Advisory
Paul Larson
Main Street Advisory
Tom Stringer
Main Street Advisory (left messages to confirm interest)
Stephanie Cox
Main Street Advisory (left messages to confirm interest)
Jack Oliphant
Fire Code Review (name only application not on file)
-
10
Agenda Date Requested: July 28. 2008
REQUEST FOR CITY COUNCIL AGENDA ITEM
I
Bud2:et
Requested By: Ron Bottoms
Source of Funds:
Department: Administration
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance 2008-
Amount Requested:
Exhibits:
Letter to Mayor and Council
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Les Bird is currently a member of the Civil Service Commission and his term will expire on
August 31, 2008. Mr. Bird has agreed to another term.
confirming re-appointment of Les Bird to the Civil Service Commission with a term
n August 31, 2011.
'1 /7 ~6
Date ,
ORDINANCE NO. 2oos-3CA1
AN ORDINANCE APPOINTING MEMBERS OF THE CIVIL SERVICE COMMISSION,
PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE,
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 ratifies and confirms the appointment by the City
Manager, of Les Bird, as a Member of the Civil Service Commission of the City of La Porte, for a
term expiring on August 31, 2011, or until his successor shall have been duly appointed and
qualified.
Section 2.
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 hereof, irrespective of
the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid.
Section 3.
All ordinances or parts of ordinances in conflict herewith are repealed to the
extent of such conflict only.
Section 4.
The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings 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.
This Ordinance shall be effective from and after its passage and approval, and
it is so ordered.
PASSED AND APPROVED, this 28th day of July, 2008.
ATTEST:
Y114Ufl){ 0fa ~V ~J1
Martl.a A. Gillett
City Secretary
AP?;r~ -r ~
Clark T. Askins
Assistant City Attorney
By:
C~~= Oty;b~,-
Alton E. Porter, Mayor
City of La Porte
Established 1892
July 28, 2008
Honorable Mayor and Council
City of La Porte
City Hall
La Porte, Texas
-appoint Les Bird as a member of the Civil Service Commission of the City of
La rte, r a term expiring on August 31, 2011, or until his successor shall have been
d y appo nted and qualified.
RB/ml
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested, Jnlv 2?~
Requested By: S. Gillett ~
Department: Public Works
Appropriation
Source of Funds:
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
3rd Quarter elP Report
Amount Requested:
Exhibits:
Budgeted Item:
Exhibits
SUMMARY & RECOMMENDATION
The attached report summarizes the progress of Capital Improvement Projects assigned to the
Public Works Department in the 3rd Quarter.
J~) foe
Date
Public Works CIP Projects 3rd Quarter Status Report
Project 669 - Sanitary Sewer Rehabilitation
PROJECT DESCRIPTION
In May of 1993, the City filed a proposed schedule with the EPA for the
investigation and rehabilitation of the sanitary sewer system. The City, through
the use of in-house and contract labor, has been systematically working through
the system to identify and correct sources of inflow, as well as repair structurally
inadequate collection facilities.
THIRD QUARTER FY 07-08
. Northwest La Porte Service Area - Completed 1 point repair and
performed 5 manhole repairs with in-house forces.
. Lift Station 1A Service area - Completed 6 point repairs, performed 4
manhole repairs and replaced 160 feet of sewer main with in-house
forces.
. Service Area F - Completed 1 manhole repair with in-house forces.
. Southeast La Porte Service Area - Completed 1 point repair, performed
24 manhole inspections, rehabilitated 4 manholes and smoke tested 4,487
feet of sewer main with in-house forces.
. Bay MUD Service Area - Sliplined 1,320 feet of sewer main, replaced 12
service connections, completed1 manhole repair, and cleaned and
televised 2,724 feet of sewer main with in-house forces. Contracts forces
rehabilitated 776 feet of sewer main.
. Fairmont Park Service Area -Inspected 162 manholes and rehabilitated
10 manholes with in-house forces. Contract forces rehabilitated 185 feet
of sewer main.
· Spenwick Service Area - Completed 7 point repairs, rehabilitated 12
manholes and smoke tested 16,650 feet of sewer main with in-house
forces.
· Brookglen Service Area - Completed 1 point repair with in-house forces.
· CreekmontlGlen Meadows Service Area - Completed 1 point repair and 4
manhole repairs with in-house forces. Contract forces televised 3,052 feet
of sewer main.
Project 825 - Airport Improvements-Ramp Program
PROJECT DESCRIPTION
Phase 1\ Improvements are planned at the La Porte Municipal Airport. Included
are taxiway and aircraft parking ramp reconstruction and rehabilitation, additional
lighting improvements, and additional fencing and gate improvements to enhance
security at the Airport. The FAA, through TXDOT Aviation Division will fund 90%
of the costs. The City's 10% matching share totals $160,000.
THIS PROJECT IS COMPLETE
Project 898 - In-house Waterline Replacement
PROJECT DESCRIPTION
Numerous waterlines within the city, primarily serving residential services, are in
need of replacement. These lines are typically old, undersized and of steel pipe
construction. The lines to be replaced will be determined.
THIRD QUARTER FY 07-08
· 440 feet - between S. Lobit and S> Blackwell (700 feet remaining).
. 800 feet - between S. Iowa and S. Virginia
. 940 feet - between N. Broadway and N. 1st.
Project 908 - Rehabilitate Water Well
PROJECT DESCRIPTION
Moderate vibration in Water Well #4 has been noted over the past several
months. This shaft and pump (approximately 800' deep) will be pulled, inspected
and all worn parts replaced. Additionally, the casing will be televised to the
bottom of the well to detect any problems with the well shaft and screens.
THIRD QUARTER FY 07-08
Project awarded. While attempting to pull well, shaft and pump became lodged
and will not be pulled at this time. Contractor instructed to reassemble above-
ground equipment and place back in service. Contractor is attempting to locate
small camera to insert in oil line access hole to assess the down-hole situation.
Until analysis is made, it is unknown if this well can be successfully rehabilitated,
or abandoned. THIS PROJECT IS COMPLETE
Project 933 - Design of Sens Road Utility Relocation
PROJECT DESCRIPTION
The upcoming widening of Sens Road from Spencer to North P Street will require
the relocation of existing water distribution and wastewater collection lines.
Preliminary Engineering has been completed. With the completion of the Bay
Area Blvd. Trunk Sewer in FY 2004-05, the potential to eliminate lift stations in
the eastern portion of Northwest La Porte will be incorporated in the relocation
effort.
Phase I of the Project will complete final design of the project. Phase II,
scheduled for FY 2007-08 will fund the actual construction. The Project is
necessary to relocate existing utilities to allow the Sens Road widening to occur.
THIRD QUARTER FY 07-08
75% design documents have been submitted for review and comment. Expect to
complete final design in next quarter.
Project 934 - Spenwick Water System/Upgrade (Phase II)
PROJECT DESCRIPTION
The water system serving the Spenwick area is two separate systems.
Originally, Spenwick was served by small lines in the rear yards. The County
constructed new, larger lines in the 80's, to improve pressures and fire
protection, but the service connections were never changed to the new lines.
Additionally, not all streets were served by the new lines.
THIRD QUARTER FY 07-08
Final review of contract documents. Expect to bid in next quarter.
Project 938 -Aeration Improvements
PROJECT DESCRIPTION
The Wastewater Treatment Plant has been evaluated for future needs, with
approximately $6M in improvements identified, including engineering.
THIRD QUARTER FY 07-08
Work to date includes construction of clarifier and aeration basin, installation of
underground piping and excavation for new chlorine contact basin. Major
reductions in costs through redesign of existing lift station rehabilitation were
offset by reauthorization of previously eliminated structural painting. Net
reduction of Change Order #2 - $75,000.
Project 949 - Public Works Rehab - Phase I Roof
PROJECT DESCRIPTION
The existing Public Works facility is in excess of 25 years old. The building, a
steel frame with metal sheathing, has deteriorated over the years. The roof
leaks, walls have rusted through and the insulation is ruined in many areas.
Phase I of the Project is to remove the existing metal roof and associated trim
and install a new metal roof with 3 inch insulation. Phase II of the Project is to
remove and replace existing wall panels and insulation.
THIRD QUARTER FY 07 -08
THIS PROJECT IS COMPLETE
Project 952 - Lift Station #38 Rehab
PROJECT DESCRIPTION
This Project involves the rehabilitation of Lift Station #38 (Sunrise Drive) as
recommended by an engineering evaluation. The Project includes the
rehabilitation of the existing wet well, and the replacement of existing pumps and
motors.
THIRD QUARTER FY 07 -08
Design is 95% complete. Expect to complete design and bid the Project in next
quarter.
Project 953 - Lift Station #6 (Design Only)
PROJECT DESCRIPTION
As recommended in the May 1984 Comprehensive Wastewater Collection and
Treatment Plan, the October 1997 Southeast Sanitary Sewer Trunk Main and Lift
Station Facilities Report, and the 2000 La Porte Comprehensive Plan a large
diameter trunk sewer was constructed along the west side of Bay Forest Golf
Course to south of McCabe Road. The project included a proposed lift station at
the intersection of Taylor Bayou and McCabe Road. In August 2002, La Porte
secured easements for trunk sewer which began construction in 2007. The
construction of this line will allow the development of approximately 300 acres of
land. Corresponding to the culmination of this project, the receiving Lift Station
#6 requires upgrading to complete the project.
THIRD QUARTER FY 07-08
Awaiting response from Harris County Flood Control District on proposed
easement location. Expect to complete easement acquisition and begin design
in next quarter.
Project 955 - SCADA System
PROJECT DESCRIPTION
This Project involves the replacement of the twenty year old SCADA system that
provides for control of the LPAWA system. The system has failed completely,
and parts are no longer available. Water Production staff currently operates the
system manually.
THIRD QUARTER FY 07 -08
Bids received and evaluated. Expect to award bid and complete this project in
next quarter.
Project 944 - Municipal Court Building
PROJECT DESCRIPTION
This Project involves the design of the new Municipal Court Facility, to be located
adjacent to the recently completed Police Department Facility.
THIRD QUARTER FY 07 -08
Design is 95% complete. Prequalification statements received from three (3)
contractors and are under review. Project estimates exceed budget due to
relentless price increases and effort is underway to identify areas to reduce costs
to bring in under budget. Expect to complete prequalification process, finalized
design and budget and bid the Project in the next quarter.
Project 531 - Street Maintenance Tax
PROJECT DESCRIPTION
This Project includes the replacement of pavement, sidewalks and inlets on Old
Orchard Road (concrete) and the overlay of various flexible-base streets
throughout the city.
THIRD QUARTER FY 07-08
. Reconstruction of Old Orchard complete. Currently working with Center
Point Energy to reenergize streets lights disconnected for construction.
. Bids received for overlay project. Expect to award bids and complete
construction in next quarter.
Project 957 - Drainage Master Plan
PROJECT DESCRIPTION
This Project involves Professional Engineering Services to provide for a City-
Wide Drainage Master Plan for the city to address flooding
THIRD QUARTER FY 07-08
Report # 2 and Creekmont Report complete. Authorized field survey of major
channels to develop modeling for Report #3 - draft due August 8th. Requested
consultant to reexamine Creekmont data to provide for cost-effective relief short
of ultimate design.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Stephen Barr
Department: Parks & Recreation
Report: X Resolution:
Ordinance:
Exhibits:
3rd Quarter CIP Report
Exhibits:
Exhibits
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item:
SUMMARY & RECOMMENDATION
The attached report summarizes the progress of Capital Improvement Projects assigned to the
Parks & Recreation Department in the 3rd Quarter.
~J a.3 / Gp;
Date
Third Quarter Report, Capital Improvement Projects
Parks & Recreation Department
July 28, 2008
Project 675 - Joint Ventures for Capital Improvements
FIRST QUARTER FY 07-08
The Glen Meadows Homeowner's Association has again requested a joint venture
shelter over the second of three picnic tables at Glen Meadows Park. The shelter has
been ordered and we expect delivery and installation to be completed in the second
quarter.
The La Porte Girl's Softball Association has requested a joint venture storage building to
be built adjacent to the batting cages at Little Cedar Bayou Park. The storage building
will eliminate the need for storage containers at the park. Completion is expected by the
end of the second quarter, or early third quarter.
THIRD QUARTER FY 07-08
Both projects listed above are complete.
Project 798 - land Acquisition
THIRD QUARTER FY 07-08
Council has been apprised that there has been some movement by property owners in
this area, and we expect to make an additional purchase soon.
Project 869 - Repair Steel Infrastructure and Paint Exterior, Sylvan Beach Pavilion
THIRD QUARTER FY 07-08
This project is in a holding pattern until a determination is made regarding the future of
the Pavilion.
Project 876 - Pond to Park - Phase III
THIRD QUARTER FY 07-08
Purchase orders have been issued for the jogging trail and the observation platform at
the retaining wall. Lighting contract will be issued once these have been completed.
Project 889 - Parks to Standard Program
THIRD QUARTER FY 07-08
Play equipment has been ordered and received. Installation is expected to be completed
in the 4th quarter. Spring animal installation is complete at all of our park playgrounds.
Page 1 of 2
Project 893 - Trail System Planning
THIRD QUARTER FY 07-08
Council has approved the design contract with Huitt-Zollars, Inc. for this design project.
Project 903 - Sylvan Beach Shoreline Protection and Beach Nourishment Project
THIRD QUARTER FY 07-08
An amended agreement has been approved by the City of La Porte and the Texas
General Land Office authorizing additional funding to allow the project to be bid. Bids are
expected to be let by the end of July, with bid award in August.
Project 923 Park Improvements, West Side Park property
THIRD QUARTER FY 07-08
The project has been changed due to the City of Pasadena withdrawing from the joint
venture sports complex. Subject to approval at the July 28th Council meeting, the City of
La Porte is proceeding with placement of a sportsfield complex on this site, and
determining a method of procurement.
Project 924 - Sports Complex
THIRD QUARTER FY 07-08
The City of Pasadena through its Mayor has notified La Porte that it will not participate in
this project. The City of La Porte is considering other sites in the city that can
accommodate the fields that La Porte needs (see Project 923 above).
Project 925 - Landscape and Irrigation - Entrance Signs
THIRD QUARTER FY 07-08
The signs are complete except for waterline to one sign. We are in the process of
invoicing TxDOT for reimbursement to the City of La Porte for its share of the project
based on our agreement.
Project 947 - Brookglen Pool Repairs
THIRD QUARTER FY 07-08
This project is complete
Page 2 of 2
"...--
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Bude:et
Requested By:
Source of Funds:
Department:
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Existing Ordinance #2003-2623-A
Exhibits: 1l/19/07Comparison Table on Mowing Fees
Amount Requested:
Budgeted Item: YES NO
Exhibits: 12/26/07 Administrative Fee - Mowine:lOean-uo Outline
Exhibits: Graduated Administrative Fee Scale
SUMMARY & RECOMMENDATION
At their December 03, 2007 meeting, City Council held a workshop to discuss possible changes to weed height
regulations and mowing fees. Ordinance #2oo3-2623-A (implementing the (6") height regulation and amended
mowing fees) was passed by Council on January 14, 2008 meeting and a copy is included with this packet.
In addition to changing the height regulation, the passage of the ordinance meant an individual is billed "the
contractor cost plus a $200.00 administrative fee" whenever the city has to abate a public nuisance violation.
At their June 9, 2008 workshop meeting and June 23, 2008 regular meeting, Council amended the 6" height
regulation to 12" with the passage of Ordinance #2003-2623-B. That new height regulation became effective July 9,
2008.
During the June 23rd meeting, staff was asked about possible alternatives to the $200.00 administrative fee with one
option being a graduated scale that raised the administrative fee each time the city had to initiate abatement of a
property.
For Council consideration, staff has included the following:
1) Comparison Table on Mowing Fees (dated 11/19/07) that was included in the December 2007 packet.
That proposal suggested a Contractor Charge + $100 Administrative Fee.
2) Administrative Fee - Mowing/Clean-up Outline (dated 12/26/07) that explains the existing $200 fee
3) Graduated Administrative Fee Scale that goes from $100 to $200 in (3) steps with a penalty for recurring
offenses
~!t~ ~
Date
ORDINANCE NO. 2003-2623-A
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", SECTION 34-127 "ENFORCEMENT OF ARTICLE", SECTION 34-128
"PROHIBITED CONDITIONS DESIGNATED", SECTION 34-132 "ABATEMENT BY CITY
- GENERALLY", AND AMENDING APPENDIX A "FEES," CHAPTER 34
"ENVIRONMENT," ARTICLE IV. (A) "ABATEMENT CHARGES," (B) "REMOVAL OF
LIEN FILED ON PROPERTY," AND (C) "OWNER CONTRACTING ABATEMENT WITH
CITY"; 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 adding definition for term "acreage" and amending the existing definitions
for the terms "lot or parcel of real estate" and "weeds", to be included in said section in proper
alphabetical sequence, and which definitions shall read as follows:
"Acreage means a tract of land that is in excess of three-quarters of an acre (32,670 sq. ft.) in
land area."
"Lot means a tract of land that is less than three-quarters of an acre (32,670 sq. ft.) in land area,
and includes, in addition to the ground within its boundaries, all ground lying and being adjacent
to and extending beyond the property line of such lot or parcel of real estate to the curb line of
adjacent streets, where a curbline has been established, and 14 feet beyond the property line
where no curbline has been established on adjacent streets; and, in all cases, to the center of all
adjacent alleys."
"Weeds means all rank and uncultivated vegetable growth or matter which has grown to more
than six inches (6") on lots and twelve inches (12") on acreage or which, regardless of height, is
liable to become an unwholesome or decaying mass or a breeding place for mosquitoes or
vermin. "
Ordinance # 2003-2623-A
Page 2
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. Neither allegation nor evidence of a culpable mental
state is required for the proof of an offense defmed in this chapter, during the prosecution of such
offenses in any criminal proceeding."
Section 3: That Chapter 34, "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-128 "Prohibited Conditions Designated", of the Code of
Ordinances, La Porte, Texas, is hereby amended to read as follows:
"Sec.34-128. Prohibited Conditions Designated.
The following specific acts and conditions are declared to constitute a public nuisance and are
hereby prohibited and made unlawful:
(1) Weeds, brush, rubbish and all other objectionable, unsightly and insanitary matter of
whatever nature, covering or partly covering the surface of any portion of a lot, where
the lot is located within 150 feet of the property line of a residence or place of
business.
(2) Weeds, brush, rubbish and all other objectionable, unsightly and insanitary matter of
whatever nature, covering or partly covering the surface of acreage, on that portion of
the acreage situated within 150 feet of the property line of any residence or place of
business. However, in any case where the acreage is abutted by a residence or place
of business on more than one side of the acreage, the owner of the acreage shall be
responsible for maintaining the surface of every portion of the acreage as required by
this article, regardless of the size of the acreage.
(3) Any lot or parcel of real estate situated within the city which has the surface thereof
filled or partly filled with holes, or is in such condition that the lot or parcel holds or
is liable to hold stagnant water therein, or, from any other cause, is in such condition
as to be liable to cause disease, or produce, harbor or spread disease germs of any
nature or tend to render the surrounding atmosphere unhealthy, unwholesome or
obnoxious. "
2
Ordinance # 2003-2623-A
Page 3
Section 4: That Chapter 34, "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-132 "Abatement by City - Generally," of the Code of
Ordinances, La Porte, Texas, is hereby amended to read as follows:
"Sec. 34-132. Abatement by City - Generally.
(a) In the event of the failure, refusal or neglect of the owner of any premises or property
to comply with a notice given him pursuant to this article, it shall be the duty of the
director of planning or his duly designated agents to cause the weeds, brush, rubbish
or other insanitary matter or condition constituting a nuisance to be promptly and
summarily abated, in a reasonable and prudent manner at the expense ofthe city. The
director of planning or his duly designated agents shall carefully determine the cost of
such work done and shall charge such costs against the owner of such premises. Cost
shall be based upon the charges in amounts established by the city and listed in
Appendix A of this code.
(b) The city shall have the right to award any quantity of work authorized under this
section to a general contractor whose bid shall be accepted by the city council as the
lowest and best secured bid for doing the work mentioned in this section during a
stipulated time not to exceed one year."
Section 5: That Appendix A, "Fees," Chapter 34 "Environment," Article IV. "Unsanitary,
Unsightly Conditions on Private Premises," of the Code of Ordinances, La Porte, Texas, is
hereby amended to read as follows:
"(a) Abatement Charges
(1) Per Lot
(2) Per Acre
(3) Minimum Bill on Property
Contractor Charge + $200 Administrative Fee
Contractor Charge + $200 Administrative Fee
Contractor Charge + $200 Administrative Fee
(b) Removal of Lien filed on Property
$75.00 + Attorney Costs
(c) Owner Contracting Abatement with City
(1) Per Lot Contractor Charge + $200 Administrative Fee
(2) Per Acre Contractor Charge + $200 Administrative Fee"
Section 6: 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.
3
Ordinance # 2003-2623-A
Page 4
Section 7: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 7. 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 fme not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 8. 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 9. 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 the } tfJt- day of \fP1J iJ..,cuy , 2008,
CITY~~APORTE 0
By: ~",-~.l~
Mayor
e:m~ 0JAf/
City Secretary
APPROaA r ~
City Attorney
4
COMPARISON TABLE ON MOWING FEES
(11/19/07)
MOWING & BID WORK FEES
BAYTOWN
Contractor Charge + $100 Administrative Fee
DEER PARK
$120 - $200 Minimum Charge + Attorney fees)
LA PORTE
Current as per
Ord. #1837;
Passed
04/27/92
PROPOSED:
$70/perlot (50' X 125' lot basis)
$100/per acre
Minimum bill to owner: $70
Lien Release fee: $50
Contractor Charge + $100 Administrative Fee
Lien Release fee: $50
LEAGUE CITY
Contractor Charge + $100 Administrative Fee
PASADENA
Contractor Charge + $200 Administrative Fee
SEABROOK
Contractor Charge + $75 Administrative Fee
AD:MINISTRATIVE FEE - MOWING/CLEAN-UP
(12/26/07)
Utilized $30/hour: Includes costs associatedfor employee hourly pay & benefits
Field identification
-Notes & photo as needed
~ hour
$ 15.00
Create violation paperwork
~ hour
$ 15.00
Computer case entry by office
- issue notification -OR-
- issue work order for contractor
~ hour
$ 15.00
For notifications, re-inspect + issue
work order for non-compliance
1 hour
$ 30.00
Field confirmation on contractor
work order completion
~ hour
$ 15.00
Update/close code enf case in
computer & file accordingly
~ hour
$ 15.00
Process paperwork for contractor
payment & forward to Accounting
~ hour
$ 15.00
Provide billing info to Acctg. Dept.
~ hour
$ 15.00
Acctg. bills owner
~ hour
$ 15.00
Acctg. pays contractor
~ hour
$ 15.00
Acctg. processes payment
~ hour
$ 15.00
Acctg. monitors payments; additional
billing/files liens as needed
~ hour
$ 15.00
$190.00
ADMINISTRATIVE FEE - $200.00
S:\City Planning Share\04-INSPECTIONS DIVISlON\ALL OTHER STIJFF\Code Enforcement\Correspondence\Adminstrative Fee
Documentation.doc
GRADUATED ADMINISTRATIVE FEE SCALE
MOWING/CLEAN-UP
(07/18/08)
An Administrative Fee is attached to each land parcel that has a public nuisance violation
that requires abatement by the City. The graduated scale is utilized on a calendar year
basis since the required annual notification letter is typically sent out in Marchi April of
each year. That initial violation letter becomes the 1 st public nuisance should the owner
not abated the violation.
POSSffiLE SCALE:
1 st Public Nuisance Violation:
Contractor Charge plus $100 Administrative Fee
2nd Public Nuisance Violation:
Contractor Charge plus $150 Administrative Fee
3rd Public Nuisance Violation:
Contractor Charge plus $200 Administrative Fee
4th & Additional Violations:
Contractor Charge plus $200 Administrative Fee
plus $100 Penalty for Recurring Offenses
Violation cover sheets would be amended to provide a tracking method to ensure the
correct administrative fee is utilized.
S:\City Planning Slwe\04-INSPECTIONS DlVISION\ALL OTIIER STUFF\Code Enforcement\Correspondence\Graduated
Administrative Fee Scale. doc
c.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 28. 2008
Requested By: Ron Bottoms
Appropriation
Source of Funds:
Department:
City Manager
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Review and discuss ordinance 894 which prohibits electric fences within the City of La Porte.
:J:>-, tfJ
Date
e
e
-
.
.
~
y"'....
ORDINANCE NO. 894
AN ORDINANCE PROHIBITING ELECTRIC FENCES WITHIN THE CITY OF
LA PORTE; CONTAINING A SAVINGS CLAUSE AND A REPEALING CLAUSE;
PROVIDING THAT ANY PERSON VI0LATING THE TERMS OF THIS ORDI-
NANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICtrION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED
DOLLARS ($200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A
SEPARATE OFFENSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE:
Section 1. It shall be unlawful for any person owning or
controlling any property in the city to construct, maintain or
permit to remain on such property any fence charged with elec-
tricity. It shall further be unlawful for any person to
cause any fence situated in the city to become charged with a
current of electric~ty, to connect any such fence with a source
of electricity or to permit any fence under the control of
such person to be connected with a source of electricity. In
any prosecution under this section, testimony that any fence
was under the control of the defendant or situated on his
premises and that any person received an electric shock by
coming in contact with such fence shall be prima facie evidence
that such defendant caused such fence to be charged with a
current of electricity and caused and permitted such fence to
be connected with a source of electricity.
Section 2. The invalidity of any section or provision
of this ordinance shall not invalidate other sections or
provisions thereof.
Section 3. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4. Any person, firm, corporation, association,
partnership, trustee, or any agent, servant or employee thereof
who shall violate any provision of this ordinance, shall be
deemed guilty of a misdemeanor and upon conviction shall be
punished by a fine not to exceed Two Hundred Dollars ($200.00).
Each day any violation of this ordinance shall continue shall
constitute a separate offense.
e
e
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-.
.
.
Ordinance No.
894
, Page 2.
Section 5. This Ordinance shall be effective fourteen
(14) days after its passage and approval. The City Clerk shall
give notice of the passage of this ordinance by causing the
caption hereof to be published in the official newspaper in
the City of La Porte at least twice within ten (10) days after
the passage of this ordinance.
PASSED AND-APPROVED, this the 11th day of October, 1971.
('.-.
~;.
. ~~
-,
::TY;? 2~~~
H. Carlos S~th, Mayor
.....;..
'--
_.,~~
APPROVED:
cref!-& d~
ZONING
S 106-799
can be fastened commencing at a point at least seven feet above the ground, and such fence
shall not be erected within the required landscaped portion of any yard or the front yard
setback of any commercial or industrial establishment.
Sec. 106-798. Fencing and wall requirements for automotive wrecking, salvage
yards, junk dealers, etc.
(a) General requirement. Every automotive wrecking and salvage yard/junk dealer/scrap
metal processor yard with the city shall be completely surrounded and enclosed by a solid fence
or wall which is at least eight feet in height.
(b) Construction, maintenance of fence or wall. Every fence or wall herein shall be
constructed and maintained as follows:
(1) All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link or
any combination thereof; provided, however, that anyone side of an automotive
wrecking and salvage yard/junk yard/scrap metal processing yard shall be bounded by
a fence or wall constructed of only one of the above materials.
(2) Chain link fences shall be constructed of galvanized chain link fencing with wood or
metal slats or strips run through all links of the chain link fence.
(3) All fences or walls shall extend downward to within three inches of the ground and
shall test plum and square at all times.
(4) All fences or walls shall be constructed in compliance with all applicable provisions of
the building code of the city.
(c) Use of wall, door or building as part offence or wall. Any part of a fence or wall required
by subsection (a) of this section may consist in whole or in part of a solid wall and door, or walls
and doors of any completely enclosed building on the premises, if such wall or door meets all
construction requirements set forth in this section.
(d) Gates at openings in enclosure. Openings in the prescribed enclosure which are
necessary to permit reasonable access to said automotive wrecking and salvage yards/junk
yards/scrap metal processing yards shall be equipped with a solid gate or gates, constructed
and maintained in accordance with the requirements for a fence or wall set forth in this
section. Such gates shall be closed and securely locked at all times except during normal
daytime business hours.
(Code 1970, S 123/4-14(c)-(f))
~
Sec. 106-799. Construction, maintenance of electric fences prohibited.
It shall be unlawful for any person owning or controlling any property in the city to
construct, maintain or permit to remain on such property any fence charged with electricity.
It shall further be unlawful for any person to cause any fence situated in the city to become
charged with a current of electricity, to connect any such fence with a source of electricity or
to permit any fence under the control of such person to be connected with a source of electricity.
In any prosecution under this section testimony that any fence was under the control of the
Supp. No.4
CD106:89
9 106-799
LA PORTE CODE
defendant or situated on his premises and that any person received an electric shock by coming
in contact with such fence shall be prima facie evidence that such defendant caused such fence
to be charged with a current of electricity and caused and permitted such fence to be connected
with a source of electricity.
(Code 1970, 9 8-3)
Sec. 106-800. Landscaping.
(a) Landscaping is required in percentages specified in sections 106-333, 106-443, and
106-522. Site plan and/or separate landscape plans shall be submitted in conjunction with
building permit applications. Approval of landscape requirements is a condition of building
permit approval. Total area of required landscaping shall be computed by the following
method:
(1) Total developed site area shall be computed.
(2) Total area of roofed over improvements shall be computed and then deducted from the
developed site area.
(3) The area of required landscaping shall be based on the total remaining developed site
area.
(b) Public right-of-way may be used for landscaping purposes. However, right-of-way used
for landscaping will not contribute towards a total required landscaping percentage for
parking and open-space areas. Landscaping on public property or easements is at owner's risk
and subject to the requirements of section 106-794.
(c) Landscaping plans shall be developed using the following criteria:
(1) Location.
a. Required landscaping shall be located in the front and side yard.
b. Landscaping located in sight triangles shall be maintained in a manner that
maintains an area of clear visibility between three and six feet as measured
vertically from the adjacent prevailing grade.
(2) Types of plants and materials. Grass, ground cover, flowering and nonflowering plants,
shrubs and trees, wood, timber, stone, fountains, and ponds may be used for required
landscaping.
(3) Maintenance. Required landscaping must be maintained by the property owner and/or
occupant.
Cd) Landscaping/screening for shipping container facilities.
(1) The property owner or tenant shall provide a natural screenmg. This will be
accomplished in one of three ways.
a. Leave in place existing trees, vegetation, underbrush, etc. to provide a thorough,
continuous and effective opaque visual screening of the shipping container
development.
Supp. No.4 CD106:90
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 28. 2008
Appropriation
Requested By: Ron Bottoms, City Mana~er
Source of Funds:
Department: Administration
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Draft Agreement
Amount Requested:
Exhibits: Chamber of Commerce Hotel/Motel Reportin2
Budgeted Item:
Exhibits:
SUMMARY & RECOMMENDATION
The contract between the City of La Porte and the La Porte-Bayshore Chamber of Commerce will expire September
30, 2008.
During negotiations, it was agreed to renew the agreement with the Chamber at a base contribution of$55,000 per
year with no additional annual allocations. Based on the attached report, the Sylvan Beach Festival has had an
increase in net income since the City's $30,000 annual contribution to the Chamber for this special event. Another
change in the Agreement is the date for which the Chamber should submit to the City, their budget. The frrst year of
the 3-year Agreement remains in October, but the remaining 2 years should be submitted by July 5th in order for it to
be reviewed before the City's budget process.
Staff requests comments from Council regarding the renewal of this agreement with the La Porte-Bayshore Chamber
of Commerce. Staffwill bring back to Council for approval at a date after the draft is also reviewed and approved
by the Chamber.
1/tS~
Date
DRAFT
THE STATE OF TEXAS
COUNTY OF HARRIS
This agreement made and entered into effective the 1 st day of October, 200~8, by and between
the City of La Porte, a municipal corporation, hereinafter called "City", and The La Porte -
Bayshore Chamber of Commerce, a non-profit corporation chartered under the Laws of the State
of Texas, hereinafter called "Chamber,"
WITNESSETH:
WHEREAS, City has an ordinance providing for the assessment and collection of a Hotel
Occupancy tax in the City of La Porte of four percent (4%) of the consideration paid by the
occupant of a room, space or facility in any hoteVmotel; and
WHEREAS, the Chamber is equipped to advertise and conduct solicitation programs to acquaint
potential users with public meeting and convention facilities and to promote tourism and
advertise the City of La Porte; and
WHEREAS, it is to the mutual benefit of the City and Chamber that the City provide funds to the
Chamber for the above stated purposes and that the Chamber use such funds for the above stated
purposes;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein
contained, City and Chamber hereby agree as follows:
SECTION I.
Chamber shall employ its best efforts for general promotional and tourist advertising of the City
of La Porte and conducting solicitation and operating programs to contract conventions and
visitors, including the establishment and operation by Chamber of a convention and visitors
bureau.
SECTION II.
As a consideration for the services set forth in Paragraph 1 hereof, City agrees to pay to Chamber
an amount equal to twenty-four percent (24%) of the amount actually collected by the City up to
an amount not to exceed $10,000 55,OOOfrom the Hotel Occupancy Tax in any City fiscal year
during the term of this agreement.
SECTION III.
The term of this contact is for three (3) years and expires on September 30, 20Q8 11. No less
than ninety (90) days prior to the expiration of the initial 3-year term of this agreement, the City
and Chamber may renegotiate the cap level as established in Section II. Any increase in the base
contribution will be based on the annual performance report and the annual budget submittal by
the Chamber and shall be approved by City Council.
DRAFT
SECTION IV.
In the event written notice is not given by either party, to this agreement, to the other party ninety
(90) days prior to the termination date as noted herein, this agreement shall be extended on the
same terms and conditions for an additional two (2) years.
SECTIONV.
The City shall, on or before the 45th day following the end of each quarter, pay twenty-four
percent (24%) of any amount of the monies collected for that quarter, to the Chamber. The
quarters will end on the 31 st day of March, the 30th day of June, the 30th day of September and
the 31 st day of December of each year.
SECTION VI.
The Chamber agrees that it will record expenditures involved in this program on a monthly basis
in separate accounts. The books of account will be maintained in a form approved by the City of
La Porte. The Chamber agrees to forward a quarterly report to the City on expenditures
involving the use of City funds. Chamber further agrees that the report will be forwarded on or
before the 30th day following the end of the quarter.
SECTION VII.
The Chamber agrees, yearly, to prepare an annual budget on the use of hotel/motel funds
received from the City of La Porte and to submit it to the La Porte City Council for approval.
The budget submitted to City Council will coincide with the City's fiscal year. For the year of
this agreement, the Chamber agrees to submit the budget to Council in October 200~8. For all
future years, Chamber agrees to submit the budget on or before August 10th July 5th of each
year. Any special event promoted by the Chamber of Commerce should be included in the
annual budget submitted by the Chamber. .\ one time contribution for any new special event
may be considered by the City based on the merits of the special e'/ent and City Council's
approyal. Chamber shall submit a detailed description of the speeial event, together with
proposed budget for the event, to City at least ninety (90) days prior to the special event. City
COlHlcil approyal of the Chamber's application must be obtained prior to allocation of foods to
the Chomber. .A~y special event promoted by the Chamber shall be included in the annual
budget submitted by the Chamber.
SECTION VIII.
Thirty (30) days after September 30, the end of every fiscal year, the Chamber will furnish to
City a performance report of its work under this contract, which shall reflect overall activity,
meetings, conventions and conferences conducted, identity, and amount of advertising
conducted, copies of literature produced as well as a description of direct mailings in the last
year, and the expenditures during the year of the funds received pursuant to this contract.
SECTION IX.
The City reserves the right to audit, utilizing its staff or outside assistance, the annual financial
activity of the Chamber that relates to the use of hotel/motel funds.
DRAFT
SECTION X.
It is understood and agreed that Chamber shall not in any sense be considered a partner or joint
ventures with City, nor shall Chamber be considered nor in any manner hold itself out as an
agent or official representative of City. Chamber shall be considered an independent contractor
for the purposes of this agreement and shall in no manner incur any expenses or liability on
behalf of City.
SECTION XI.
Chamber does further agree to hold City harmless from any and all claims by third parties for
any injuries, damage or liability occasioned by Chamber in connection with this agreement.
SECTION XII.
It is understood and agreed that this contract shall be terminated upon occurrence of any of the
following events:
a. The giving of written notice by either party to the party at least ninety (90) days prior to
the date of termination;
b. The termination of the corporate existence of Chamber;
c. The insolvency of Chamber, the filing of a petition in bankruptcy, either by or against
Chamber, or an assignment by Chamber for the benefit of creditors;
d. The breach by Chamber of any of the terms and conditions of this agreement and the
continuation of such breach for a period of ten (10) days after written notice is given by
City to Chamber of such breach;
SECTION XIII.
In the event of the termination of this agreement as provided in Section XII hereof, Chamber
shall submit to City a statement showing any expenses incurred by it for the present year in
which said termination takes place and City agrees to reimburse Chamber, to the extent that said
monies are collected from the Hotel Occupancy Tax during that year, an amount equal to the
lesser of the expenses incurred by the Chamber during that year or the amount of tax collected
for that year. City also realizes that Chamber may have committed themselves to pay expenses
for conventions that will occur after the termination of this agreement, and City agrees to
reimburse the Chamber for such expenses up to the cumulative sum of $1,000.00 from the Hotel
Occupancy Tax.
SECTION XIV.
This contract is not assignable.
SECTION XV.
Any notice required to be given under the terms and provisions of this agreement shall be
effective if and when given in writing and deposited in the United States Mail, certified or
registered mail, return receipt requested, on the date so deposited and addressed to the respective
parties as follows:
DRAFT
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Executive Vice-President
La Porte - Bayshore Chamber of Commerce
PO Box 996
La Porte, Texas 77572-0996
SECTION XVI.
All the terms, condition and stipulations of this contract are subject to all applicable
federal laws, and Charter of the City of La Porte, all ordinances passed pursuant thereto
and all judicial determinations relative thereto.
WITNESS OUR HANDS, effective the 1 st day of October, 200~8.
City of La Porte
By:
Alton E. Porter, Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
LA PORTE - BA YSHORE
CHAMBER OF COMMERCE
By:
President
Attest:
Secretary
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
DATE: June 24,2008
TO: Ron Bottoms, City Manager
Michael G. Dolby, Director of Finance
FROM: Phyllis Rinehart, Controller
SUBJECT: Chamber of Commerce Hotel/Motel Reporting
I am providing a summarized recap below, which represents the chamber's total
revenues and expenses for the fiscal year ending September 30, 2008 as well as the
ending balance that will be carried forward at year end. This report is as of May 31,
2008, the date of last report from the Chamber of Commerce.
Sylvan
Hotel Tax Beach Totals
Fund Festival 2007
October 1, 2007 Balance $14,330.84 $0.00 $14,330.84
Submitted to Chamber 40,0000.00 30,000.00 70,000.00
Chamber Expenditures:
Advertising and Promotion 17,806.21 4,444.00 22,250.21
Administrative Fee 12,000.00 12,000.00
Contract Labor
Entertainment 10,550.00 23,000.00 33,550.00
Junior Golf Expenses
Printing and Publications 236.00 236.00
Security
Service Charges
Total Expenses 40,592.21 27,444.00 68,036.21
May 31,2008 Balance $13,738.63 $2,556.00 (1 ) $16,294.63
(1) $2,556 was spent for gate personnel ($806) and security ($1,750).
C:\Documents and Settings\LanclosM\Local Settings\Temporary Internet Files\Memo - HotelMotel2008 Annual (as of
May 31 2008).doc
The expenditures below reflect the income and expenses for the hotel taxes and any
extra city contribution over a five year period for the Sylvan Beach Festival. The balance
carried forward each year is not reflected in these balances. The total column is a total of
the five years.
Hotel Occupancy Tax *
10/1 to 9/30 10/1 to 9/30 10/1 to 9/30 10/1 to 9/30 10/1 to 5/31
2004 2005 2006 2007 2008 Totals
Revenues 59,309.00 40,000.00 70,000.00 70,000.00 70,000.00 309,309.00
Expenditures (56,157.76) (35,860.27) (64,803.97) (77,042.56) (68,036.21) (301,900.77)
Net Income 3,151.24 4,139.73 5,196.03 (7,042.56) 1,963.79 7,408.23
The expenditures below reflect the income and expenses for the Sylvan Beach Festival
that is funded by the operating fund of the chamber of commerce. None of the city's
contribution is included in the figures. The balance carried forward each year is not
reflected in these balances. The total column is a total of the five years.
Sylvan Beach Festival
1/1 to 12/31 1/1 to 12/31 1/1 to 12/31 1/1 to 12/31 1/1 to 9/30 1/1 to 5/31
2003 2004 2005 2006 2007 2008
Revenues 73,640.05 36,798.55 76,948.47 82,598.50 120,790.77 124,114.15
Expenditures (53,859.46) (48,129.71) (61,289.85) (49,999.04) (59,140.08) (64,838.39)
Net Income 19,780.59 (11,331.16) 15,658.62 32,599.46 61,650.69 59,275.76-
*Revenue and expenses for the additional Sylvan Beach Festival funds are accounted
for in the Chamber's Hotel Occupancy Tax Fund.
C:\Documents and Settings\LanclosM\Local Settings\Temporary Internet Files\Memo - HotelMotel2008 Annual (as of
May 31 2008).doc