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Home My WebLink About2008-10-13 Regular Meeting of La Porte City Council 5 -- - A MINUTES OF A REGULAR MEETING OF THE LA PORTE CITY COUNCIL October 13, 2008 1. Call to order The meeting was called to order by Mayor Porter at 6:09 p.m. Members of City Council Present: Mayor Porter, Mayor Pro-Tem Mike Clausen, Council members Tommy Moser, Mike Mosteit, Louis Rigby, John Black, and Chuck Engelken. Members of Council absent: Georgia Malone and Howard Ebow Members of City Executive Staff and City Employees Present: City Manager Ron Bottoms, Assistant City Attorney Clark Askins, City Secretary Martha Gillett, Police Chief Kenith Adcox, Assistant City Manager John Joerns, Finance Director Michael Dolby, Director of Public Works Steve Gillett, Purchasing Manager Susan Kelley, Emergency Management Coordinator Jeff Suggs, Emergency Management Planner Kristin Gauthier, Director of Parks & Recreation Stephen Barr, Human Resources Manager Heather Weger, Office Manager Melisa Lanclos, Main Street Coordinator Debra Dye, Assistant Chief of Police Steve Deardorff, Director of Planning Tim Tietjens, and a number of other employees. Others present: Adam Yanelli of the Bayshore Sun, Bill Scott, Dottie Kaminski, Maggie Anderson, Sue Gail Mock Kooken, Jay Dunham, Katherine Aguilar, Ted Powell, Sherri Ditrich and David Janda 2. Gary Rickles of Life St. Mary's Catholic Church led the invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. Presentations/ Proclamations Harris County District Attorney Ken Madgison presented the La Porte Police Department with a check in the amount of $142,000.00 for the In-Car DVR systems. Mayor Porter presented a Proclamation to Todd Brown of Dow Chemical Company and proclaimed October 13, 2008 as "Dow Chemical Company Day" for their donation of a generator for a hurricane ride out shelter in preparation of Hurricane "Ike". Mayor Porter presented a Proclamation to Sunoco Chemicals and proclaimed October 13, 2008 as "Sunoco Chemicals Day" for their generous donation of 8,300 gallons of fuel in the aftermath of Hurricane "Ike". Don Empfield, Tim Thompson, Terry Waldrop, Kristen Doliafico, Tom Bui and Moses Antenucci from Sonoco Chemicals were present to receive the proclamation. Minutes of Regular Meeting held on October 13, 2008 Page 2 Mayor Porter read a Proclamation to the City of Corsicana and proclaimed October 13, 2008 as "City of Corsicana Day" for providing shelter for eighty residents of La Porte evacuating the city in the wake of Hurricane "Ike". Mayor noted he and Jeff Suggs will be attending the Council Meeting next week to personally present the Proclamation to the City of Corsicana. 5. Consent Agenda A. Council to consider approving minutes of the Regular Meeting, Emergency Meeting and Public Hearing of the La Porte City Council held on September 22, 2008 - M. Gillett B. Council to consider approval or other action authorizing the City Manager to execute an agreement with HDR/Claunch & Miller to provide professional engineering services to perform Water Master Planning - S. Gillett C. Council to consider approval or other action authorizing the City Manager to execute a contract and Change Order NO.1 with Robinson Water Well Inc. In the amount of $174,440.00 for the construction of the Lift Station #38 Rehabilitation - S. Gillett D. Council to consider the declaration of an emergency and authorize payment to Vulcan Materials for road base materials in the amount of $179,080.26 - S. Gillett E. Council to consider approval or other action authorizing an Ordinance granting a streetlight allocation to CenterPoint Energy for installation of ten decorative streetlights in the City of La Porte's Pond to Park project located at 3502 Driftwood, in La Porte - S. Barr F. Council to consider approval or other action regarding awarding of bid #08022 for Medical Supplies not to exceed $70,000.00 - S. Kelley G. Council to consider approval or other action regarding awarding of bid #08014 for Water and Sewer Supplies in the amount of $157,057.23 - S. Kelley H. Council to consider approval or other action adopting an ordinance approving the amendment of Fiscal Year 2008-09 Budget for (Ord. 3101- A) - M. Dolby A. $142,000.00 in the Grant Fund for a donation received from the Harris County District's Attorney's Office for the purchase of In-Car DVR systems for the Police Department. B. $50,380.00 in the Technology Fund for the paperless agenda. Motion was made bv Councilmember Clausen to approve the consent aoenda as presented. Councilmember Black seconded the motion. Motion carried Minutes of Regular Meeting held on October 13, 2008 Page 3 Ayes: Mosteit, Moser, Rigby, Black, Clausen, and Porter Nays: None Abstain: Engelken (Items A and E) Absent: Malone and Ebow 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council - (Limited to five minutes) Jay Dunham, 1101 Willowcreek - Read a letter to be presented to the City Secretary renaming the La Porte Citizens Recreation Fitness and Senior Citizens Center building to the Norman Malone Recreation Fitness and Senior Center. Kathryn Aguilar, 3119 Fondren - Ms. Aguilar complimented the Police Department for their efforts during Hurricane IKE. She had the following concerns about not being allowed back to the City after the storm, the overall response of the City of La Porte was good but Shoreacres was better. The City's website was not working and debris removal is slow, The Sylvan Beach Pavilion was not being protected from the storm. Lastly, she is not in favor the Town Square Project moving forward. Ted Powell, 1700 Roscoe - complimented the City for efforts with Hurricane IKE. He had the following concerns: communications during and after the Hurricane, the Sylvan Beach Pavilion being closed and events being cancelled, and he is not in favor of the Town Square Project. Sherri Ditrich, 1105 Richpark - Thanked the City of La Porte for their assistance during Hurricane "Ike". Mayor Porter read "Thank you's" from the City of Shoreacres. 7. Council to consider approval or other action of the La Porte Development Corporation Board - R. Bottoms City Manager Ron Bottoms presented summary and recommendation and answered Councils questions. A. Memorandum of Understanding between the La Porte Economic Development Corporation and East Development, L. P. and La Porte 5 Points Properties, L.P. B. Sales and Earnest Money Contract for the purchase of the property located at the intersection of San Jacinto and South Broadway also known as the "Triangle Property" including a repayment provision for a loan to the Developer to be secured by a first lien on the property located in Blocks 6 through 9 and a second lien on the property located in Blocks through 13 on San Jacinto in the Town of La Porte. Minutes of Regular Meeting held on October 13, 2008 Page 4 C. Lease Agreement between the Corporation and East A Development, L.P. for the property located at 117 San Jacinto. D. The purchase of property located at 105 San Jacinto from the Texas Parks and Wildlife Department. E. A professional service agreement between the La Porte Development Corporation and the URS Corporation for the Five Points Plaza Design and Studies Proposal. Mayor Porter noted for the record, at the last City Council meeting the vote was four to four. Councilman Rigby noted for the record, he requested previously and still no answer as to whether Garson Silvers' development history has been checked or his financial stability background has been analyzed for being capable of performing the development. Motion was made by Councilmember Black to approve the actions of the La Porte Development Corporation Board as presented by Mr. Bottoms. Councilmember Mosteit seconded the motion. Motion carried. Ayes: Mosteit, Clausen, Black, Engelken, and Porter. Nays: Moser, Rigby Abstain: None Absent: Malone and Ebow 8. Council to consider approval or other action for the awarding of Bid #08512 for janitorial services . S. Kelley Purchasing Manager Susan Kelley presented summary and recommendation and answered Councils' questions. Motion was made by Councilmember Moser to approve the award of Bid # 08512 as presented by Ms. Kelley. Councilmember Engelken seconded the motion. Motion carried. Ayes: Mosteit, Clausen, Moser, Rigby, Black, Engelken, and Porter. Nays: None Abstain: None Absent: Malone and Ebow 9. Council to consider changing dates of November and December City Council meetings due to holidays - Mayor Porter Mayor Porter presented summary and recommendation and answered Councils' questions. Minutes of Regular Meeting held on October 13, 2008 Page 5 It was the consensus of Council to hold the regular scheduled Council meeting for the month of November, on the 10th and December 8th and only hold the November 24th and December 22nd meetings if needed. 10. Council to consider approval or other action appointing voting delegates to the National League of Cities - Mayor Porter It was the consensus of Council not to make a nomination for a Voting Delegate and Alternate Voting Delegate to the National League of Cities. 11. Council to consider approval or other action regarding the nominations for the NLC Board and NLC Committees - Mayor Porter It was the consensus of Council not to make a nomination for the NLC Board and NLC Committees. 12. Chairman Mosteit provided a report to City Council from the Drainage and Flooding Committee. Board Member Engelken provided a report from the October 6, 2008 La Porte Development Corporation Board meeting. 13. City Manager Ron Bottoms provided Administrative Report for the following: Fall Back Festival 2008 - October 25, 2008 - Main Street in La Porte - 10:00 a.m. - 10:00 p.m. Fiscal Affairs Committee Meeting - October 27,2008 Texas Municipal League Conference - October 28-31,2008 - San Antonio, TX 14. Council Comments - Engelken, Mosteit, Clausen, Rigby, Moser, Black, and Porter 15. Executive Session. pursuant to provision of the open meetings law, chapter 551.071 through 551.076, 551-087, Texas government code (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or donation, personnel matters, deliberation regarding security devices, or excluding a witness during examination of another witness in an investigation, deliberation regarding economic development negotiations) A. 551.072 (Deliberation regarding Real Property) Meet with City Manager and City Attorney to discuss Happy Harbor site Council Retired into Executive Session at 7:28 p.m. Minutes of Regular Meeting held on October 13, 2008 Page 6 Council reconvened to Regular Meeting at 7:50 p.m. 16. There being no further business the Regular Meeting was duly adjourned at 7:51 p.m. Respectfully submitted, '-1J7~~ Martha Gillett, TRMC, CMC City Secretary Passed and approved on this 27th day of October 2008. C0-+J~-~- Mayor Alton E. Porter B REQUEST FOR CITY COUNCIL AGENDA ITEM Agen~da Date ~eq~uested: October 27.2008 Req . '//- S. Gillett Departm t, " P~~'k' Appropriation Source of Funds: Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budgeted Item: N/A Exhibits SUMMARY & RECOMMENDATION The La Porte Independent School District has changed beginning and ending times for three (3) campuses - Baker 6th Grade, La Porte Jr. High and Lomax Jr. Hi. These schools will change the morning schedule from 7:00 am - 9:00 am to 7:30 am - 9:30 am and the afternoon schedule from 2:00 pm - 4:00 pm to 2:30 pm - 4:30 pm. The Code of Ordinances will need to be amended to reflect these changes. The attached ordinance amends the Code to reflect these changes. Action Required bv Council: Approve an ordinance amending school zone times for the Baker 6th Grade, La Porte Jr. High and Lomax Jr. High 10 /~r.~ ~ ORDINANCE NO. 2008 - ,.j t ( cr AN ORDINANCE AMENDING CHAPTER 70 "TRANSPORTATION", ARTICLE III "OPERATION OF VEHICLES", DIVISION 2 "SPEED LIMITS", BY AMENDING SECTION 70-97(b) "SCHOOL ZONES", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE FOR THE PURPOSE OF CHANGING SCHOOL ZONE HOURS ON ROADWAYS ADJACENT TO LA PORTE BAKER MIDDLE SCHOOL, LA PORTE JUNIOR HIGH, AND LOMAX JUNIOR HIGH, WHERE LOCATED WITHIN DESIGNATED SCHOOL ZONES; 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 HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, Article III, Division 2, Section 70-97 "School zones", subparagraph "b", is hereby amended in its entirety and shall hereinafter read as follows, to-wit: "(b) The speeds established in this section shall be in effect between 7:00 a.m. and 9:00 a.m., and between 2:00 p.m. and 4:00 p.m., Monday through Friday of each week on school days only, during the time periods when the school zone, to which such limits apply, is posted as a school zone; except for subsections (a)(5), (a)(20), (a)(21), and (a)(24) of this section, which shall have school zone hours in effect between 7:30 a.m. and 9:30 a.m., and between 2:30 p.m. and 4:30 p.m., and subsection (a)(28) of this section, which shall have school zone hours in effect between 7:00 a.m. and 4:00 p.m. Timed flashing lights, as well as fixed signs, may be used to sign or post a school zone. If a school zone is posted by both timed flashing lights and a fixed sign, the hours posted on the fixed sign designates the school zone time periods, notwithstanding whether or not the timed flashing lights are operational in such zone. All schools open all year shall be additionally signed "all year." " Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: 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 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed to have committed a Class C misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 5. 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 6. 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 ofthis 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;(t4- day of OJoB'f r ,2008. CITY^LAPOR-r:.~~ BY:~,\~ Mayor ~: W4t1a/ial ity Secretary APPROVED: ~r 7f~ lty Attorney D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested October 27, 2008 Mayor Porter Appropriation Requested By Source of Funds: Department: Uayor jUlQ Ci~T Cowdl Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Amount Requested: Exhibits: Exhibits: Ordinance Repealing Emergency Order Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City Attorney's Office has advised Council needs to adopt an ordinance repealing the Mayor's emergency declaration order for Hurricane Ike. t() Date ORDINANCE NO. j /.;LO AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS TERMINATING THE DECLARATION OF STATE OF DISASTER ISSUED BY THE MAYOR OF LA PORTE, TEXAS ON SEPTEMBER 11, 2008 IN RESPONSE TO HURRICANE IKE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE WHEREAS, on September 11, 2008, the Mayor of La Porte, Texas issued a proclamation declaring a state of disaster for the City of La Porte, resulting from the impact of Hurricane Ike on La Porte, Texas and neighboring communities; WHEREAS, ~418.108(b) of the Texas Government Code provides that a local state of disaster may not be continued for a period of excess of seven days without the consent of the governing body of the political subdivision, and pursuant to such statute the City Council of the City of La Porte on September 18, 2008 passed Ordinance 3112 indefinitely extending the proclamation declaring a state of disaster issued by the Mayor of La Porte on September 11, 2008; WHERAS, the La Porte City Council has determined that the conditions originally necessitating a declaration of a state of disaster no longer continue to exist, and that said declaration should be terminated; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. The City Council of La Porte hereby finds and declares: 1. That the conditions originally necessitating the issuance of a declaration of disaster, as a result of Hurricane Ike, no longer continue to exist. 2. That the state of disaster proclaimed for the by the Mayor of La Porte, Texas on September 11, 2008 and extended by order of City Council, should and shall be terminated, effective immediately upon passage and approval of this ordinance. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 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 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 4. This Ordinance shall be effective upon its passage and approval. PASSED AND APPROVED this the;) rrJI- day of Jt.bJo 8~ ,2008. ATTEST: iJIlsdlikAdd IT SECRETARY C1TYf\, ~:~RTE /~) .... By: V ~~# \&~_ Mayor A~r 4~ AS 1ST. CITY ATTORNEY 7/8 ..------ /-- .... -- ------- ----.---..-.... A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Octob&08, Reque.rted By, Tim Tieije.. "'I ~~ Department: Planning Appropriation Source of Funds: N/A Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Draft Ordinance Amendment Amount Requested: Exhibits: Code of Ordinances Chapter 78, Article III, Division 4, Section 78-329 Exhibits: Code of 'Ordinances Appendix - A Fees. Chapter '18, Article III, Division 4 SUMMARY & RECOMMENDATION The Wrecker COlmnittee was established by Section 78-221, Chapter 78 (Vehicles for Hire) of the Code of Ordinances in the early 1990's. Composition of the Committee is the Chief of Police (or designated representative), the City Secretary and the City Manager (or designated representative). . On September 2, 2008, the Committee met to discuss a request by Mr. Bobby Slocum, of La Porte Towing and Mr. Tim DeWalt, of DeWalt Towing, for a possible rate increase for non-consent towing services. Upon review, the Committee determined that in comparison with several other wrecker associations, rates charged by La Porte were significantly lower. The Committee recommended the following rllte increases for non-consent towing services: . Increase the maximum charge for non-consent tows to $145, omitting additional charges for labor not included. ina normal tow. Increase daily vehicle storage fee to $20 for vehicles less than 25 feet in length and $35 for vehicles 25- feet o:rmondn.lerrgth. Allow an additional'$J.50 per mile charge for out-of-town tow. . .. These changes, as shown ill the attached draft ordinance amendment, would replace in its entirety, Code of Ordinances Chapter 78, Article ill, Division 4, Section 78-329 and Appendix - A Fees, Chapter 78, Article III; Division 4; Pro de guidance to staff regarding a possible amendment to Chapter 78 of the Code of Ordinances and App dix - A "Fees" regarding permissible fees and charges for non-consent towing. [b} ~1 JdtJ Daile I R FT ORDINANCE NO. 2008- AN ORDINANCE AMENDING CHAPTER 78 "VEIDCLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY AMENDING ARTICLE ITI "AUTOMOBILE WRECKER AND TOWING VEIDCLES", DIVISION 4 "REGULATIONS", SECTION 78-329 "PERMISSmLE FEES AND CHARGES FOR NON-CONSENT TOWING" AND AMENDING CHAPTER 78 "VEIDCLES FOR HIRE" OF APPENDIX-A "FEES" OF THE CODE OF ORDINANCES, TO INCREASE ALLOWABLE CHARGES FOR NON-CONSENT TOWING, INCREASE STORAGE FEES, AND TO ALLOW ADDITIONAL PER MILE CHARGE FOR OUT OF TOWN TOWS; PROVIDING FINDINGS OF FACT AND OTHER MATTERS RELATED THERETO; PROVIDING AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY; PROVIDING A SEVERABLITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF; Section 1. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4 "Regulations", Section 78-329, "Permissible fees and chafges for Non-Consent Towing" in its entirety, to read as follows: "Section 78-329. Permissible fees and charges for Non-Consent Towing. "(a) Maximum charge for non-consent tow, per wrecker. Except as otherwise provided in thus section, the maximum charge for all non-consent tow from the scene of an accident in the city limits to the place of business of the wrecker operator, or other location, shall not exceed an amount established by the City and listed in Appendix A of this Code. A non-consent tow means picking up the vehicle or moving and towing the vehicle from the street to a location, where the consent has ofthe vehicle owner or operator has not been secured." (b) Additional per mile charge for out of town tows. An additional per mile charge not to exceed an amount established by the City and listed in Appendix A of this Code, may be assessed for non-consent tows requiring transport of vehicles to a location or destination outside the city limits. (c) Storage charges. A charge not to exceed an amount established by the City and listed in Appendix A of this Code, per day may be made for the storage of vehicles after the fust 12 hours, when resulting from non-consent tows. If the vehicle is picked up during a time other than 8:00 a.m. to 5 :00 p.m., Monday through Friday, the storase charge may be char~ed in any event. (d) Wrecker tickets; required information. Every holder of an emergency auto wrecker permit and those auto wrecker permit holders that are eligible to be summoned to scenes of accidents shall utilize an official wrecker ticket provided by the city. A city police department inventory form may be utilized as an official wrecker ticket as long as it contains the following information: (1) Name and address of the wrecker company. (2) Time and location of the accident. (3) Name, address and phone number of the place to which the vehicle is to be towed. (4) Description of the vehicle and a general description of the parts of the vehicle that have been' damaged. (5) An itemized list of services to be performed, charges for each and total charges. (6) A place for the signatures of the auto owner or other person (including a police officer) authorizing the tow of a vehicle. (7) One copy of the wrecker ticket is to be given to the customer, and one copy is to be given to the investigating police officer." Section 2. That Chapter 78 of Appendix - A "Fees" of the Code of Ordinances of the City of La Porte is hereby amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4 "Regulations" in its entirety, to read as follows: "Division 4. Regulations (a) Maximum charge for non-consent tow.............................$145 78-329(a) 78-329(b) 78-329(c) (b) Additional per mile charge for out of town tow............ .......$3.50/mile (c) Vehicle storage charge (daily) . (1) Vehicles less than 25 feet in length............... ........ ...$20 (2) Vehicles 25 feet i1llength or more....................... ....$35" Section 3. Open Meetings. The City Council officially finds, detennines, 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 fuither ratifies, approves and confinns such written notice and the contents and posting thereof. Section 4. Severability. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circmustance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such: section or part shall inno way affect, i1npair 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 5. Effective Date. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED on the first reading on the _ day of 2008. By: Alton E. Porter Mayor ATTEST: Martha A. Gillett City Secretary APPROVED: Clark T. Askins Assistant City Attorney ( '\ -' VEHICLES FOR HIRE S 78-329 ( (7) Sign. There shall be a permanently affixed sign, with a minimum. four-inch lettering, identifYing the owner ofthe emergency auto wrecker, with such owner's phone number, address and the name of his business. Every emergency- auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall carry the equipment required by this section at all times. Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall be annually inspected by the police department of the city for compliance with the equipment requirements. (f) Clearing streets of debris and glass. It shall be the duty of the driver of each emergency auto wrecker and auto wrecker that picks up a wrecked or disabled vehicle for the purpose of towing the vehicle away to clear the street of any and all debris, parts or glass. If two or more wreckers pick up vehicles for towing, it shall be the duty of each driver to clear the street of debris, parts or glass. (Code 1970, ~ 6-20; Ord. No. 1746, S 1(6-20),2-25-91; Ord. No. 96-2136, ~ 1(6-19),9-23-96) Cross reference-Removal of injurious material from streets, S 58-4. \Sec. 78-329. Permissible fees and charges for non-consent towing. \ _. (a) Standard charge for normal non-consent tow. The standard charge for a normal non-consent tow from the scene of an accident in the city limits to the place of business of the wrecker operator, or other location, will not exceed !m amount established by the city and listed in appendix A of this Code. A normal non-consent tow means picking up the vehicle or moving and towing the vehicle from the street to a location. J "- (b) Additional labor charges. Additional labor charges may be made for the following additional labor that is not required in a normal non-consent tow: (1) An additional charge, not to exceed an amount established by the city and listed in appendix A of this Code may be made for a ditch pUn and/or rollover in thos~ cases where two separate pulls with the wrecker's winch line are actuall{required. (2) An ~dditional charge, not to exceed an amount established by the city and listell in appendix A of this C04e may be made for disengaging and removing the drive shaft, or for other exceptional labor. (3) A charge not to exceed an amount established by the city and listed in appendix A of this Code per tire may be made when it becomes necessary to change a tire. (c) Dollying of wrecked vehicles; charge. A charge not to exceed an amount established by the city and listed in appendix A of this Code may be made when it is required to dolly a wrecked vehicle, in non-consent tow situations. This charge shall be all inclusive, and no other charge may be imposed when it is made. (d) Maximum tow fees. The maximum charge for any and all non-consent tows from the scene of an accident in the city limits shall be an amount established by the city and listed in appendix A of the Code. \.,. . SUpp. No. 15 CD78:31 ~ 78-329 LA PORTE CODE (e) Storage charges. A charge not to exceed an amount established by the city and listed in appendix A of this Code, per day may be made for the storage of vehicles after the first 12 hours, when resulting from non-consent tows. If the vehicle is picked up during a time other than 8:00 a.m. to 5:00 p.m., Monday through FJ::iday, the storage charge may be chll!ged in any event. (f) Wrecker tickets; required information. Every holder of an emergency auto wrecker permit and those auto wrecker permit holders that are eligible to be summoned to scenes of accidents shall utilize an official wrecker ticket provided by the city. A city police department inventory form may be utilized as an official wrecker ticket as long as it contains the following information: (1) Name and address of the wrecker company. (2) Time and location of the accident. (3) , Name, address and phone number of the place to which the vehicle is to be towed. (4) Description of the vehicle and a general description of the parts of the vehicle that have been damaged. (5) An itemized list of services to be performed, charges for each and total charges. (6) A place for the signatures of the auto owner or other person (including a police officer) . authorizing the tow of a vehicle. (7) One copy of the wrecker ticket is to be given to the customer, and one copy is to be given to the investigating police officer. (Code 1970, * 6-18; Ord. No. 1746, ~ 1(6-21),2-25-91; Ord. No. 96-2136, * 1(6-20),9-23-96; Ord. No. 2136-A, SS 10-15, 1-22-07) i~ Sec. 78-330. Prohibited acts. (a) The selling or ot}.ler granting of the right to tow any disabled vehicle is prohibited. The person signing for the disabled vehicle shall be able to account for the vehicle at all times. A violation of this section shall constitute the basis of cancellation of the license without further notice. (b) Once a wrecker has been attached to a vehicle for the purpose oftowing it to a location, the wrecker driver shall not disengage such vehicle and leave it parked prior to its arrival at the designated location. (Ord. No. 1746, S 1(6-22), 2-25-91; Ord. No. 96-2136, S 1(6-21), 9-23-96) Supp. No. 15 CD78:32 LA PORTE CODE Description Division 2. Owner's Permit (a) Owner's permit application fee ................ . . . . . . . . . . (b) Annual permit fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3. Driver's License (a) Taxicab driver's license fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5. Regulation of Fees and Charges . (a) Taxicab rates and fares: (1) Initial fare. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Each additional one-fifth mile . . . . . . . . . . . . . . . . . . . . . . . (3) Waiting time (hourly) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article Ill. AutolTWbile Wreckers and Towing Vehides Division 3. Permits Subdivision II. Towing Vehicle Permit (a) Towing vehicle annual permit fee. . . . . . . . . . . . . . . . . . . . . . . . (b) Towing vehicle permit transfer fee. . . , . . . . . . . .. . . . . . . . . . . Subdivision III. Auto Wrecker Permit (a) Auto wrecker, permit application deposit fee. . . . . . . . . . . . . . (b) Auto wrecker operation permit fee. . . . . . . . . . . . . . . . . . ~ . . . . (c) Auto wrecker permit transfer fee. . . . . . . . . . . . . . . . . . . . . . . . - \ Division 4. Regulations (a) Charge for normal non-consent tow. ,................ ~... (b) Additional charges for labor not included in normal tow: (1) Ditch pull and/or rollover . . . : . .. . . . .. . .. . , . . .. . .. . . . (2) Disengaging and removing drive shaft............... (3) Change of tire. . . . . . . .. . . . . . . . ; . . . . . . . . . . . . . . . , ... . . . (c) Dollying of wrecked vehicle (inclusive of allover charges). . l (d) Maximum charge far nan-<ansent tow.................... (e) Vehicle storage charge (daily),..:......................... Supp. No. 17 CDA:20 Amount Section this Code 50.00 78-68(c) 100.00 78-70(a) 10.00 78-99 78-160 1.50 0.30 14.00 50.00 78-272(5) 25.00 78-274(d) r. .. 150.00 78-297(3) 75.00 78-300 25.00 78-302 80.00 . 78-329(a) 78-329(b) 20.00 15.00 10.00 105.00 78-329(c) 120.00 78-329(d) 15.00 78-329(e) B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 27.2008 Appropriation Requested By: Stephen Barr Source of Funds: Department: Parks & Recreation Department Acc't Number: N/A Report: ~Resolution: _Ordinance:_ Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budl!eted Item: YES NO SUMMARY & RECOMMENDATION See attached Report on Park and Facility Naming issues for the City of La Porte. h!~/()9 Date City of La Porte Park and Facilities Naming Procedure Report for City Council October 27,2008 Overview In October of 2000 the City Council passed an ordinance approving a policy for naming of City of La Porte facilities. The ordinance details specific procedures and guidelines, outlining various steps to be taken for naming of parks, buildings, streets, and other facilities within the city for various purposes. Highlights of the Ordinance Procedures: . Application filled out and filed wi City Secretary . A standing committee composed of the three at-large Council members to consider applications and provide recommendations . The committee will present recommendations to the full Council for consideration. . General guidelines include naming just prior to, or during development of the facilities. Guidelines: . Facilities can be named in honor of individuals who donate land or funds toward a facility . Predominant historical features, early residents, citizens, or events of significance (i.e. San Jacinto, etc.). . In honor of deceased local community leaders (pfeiffer Park). · In honor of national or state leaders (Lincoln Park?). . Predominant natural features (Little Cedar Bayou Park). · In relation to an adjoining street · In relation to an adjoining subdivision (Fairmont Park) . Municipal recreation centers bear the name of the park itself (Brookglen). . Renaming of public streets requires approval of at least 75% of abutting property owners. · Renaming of facilities under exceptional circumstances. · Donation of trees by plaque. Specific Criteria for Naming: . Financial Benefactor Criteria - nominee must have made a significant financial contribution toward a facility. Naming could be for the entire facility or for an individual room. . Historical/Symbolic Criteria - nominee must have contributed historically or symbolically to the community . Civic Contribution Criteria - nominee must have been deceased for a minimum of five years to be considered. Summary There are three specific sites that need to be named or considered for naming. 1. Council received a request for re-naming of the La Porte Recreation & Fitness Center and Senior Center from Mr. Dunham, President of the Senior Site Council. 2. The city is moving forward with development of the 8 acre "Pond to Park" project located on Driftwood in central La Porte. 3. The city is moving forward with the development of the 33 acre park and sports complex on Canada Road in western La Porte. This project may involve some staff solicitation for additional funds from various area businesses or plants, that may impact the naming process. All of these projects are either nearing completion or Council has received an application for renaming. So, these issues need to be addressed. The main concern at present is the "Pond to Park" project and the renaming of the RFC and whether it qualifies. e e ORDINANCE NO. 2000- fft442> All ORDIRUCB APPROVING AND ADOPTING A POLICY I'OR THB RAIlING 01' CITY 01' LA PORTB I'ACILITIBS; I'IImING COMPLIANCB WITH THB OPO JlBBTINGS LAW; PROVIDING 1\11 BI'I'ECTIVE DATB BDBOI'. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City council of the City of La Porte hereby authorizes and adopts a policy for the naming of city of La Porte facilities, in form attached to this ordinance as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 2. The City Council Officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting.of the city Council was posted at a place convenient to the public at the city Hall of the ci ty 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 IF matter thereof has been discussed, considered and formally acted upon. The city council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 23rd day of October, 2000. ~IT OF LA PORTE By: ~ N rman Mal e, Mayor ATTEST: :~zcretary Knox W. Askins, City Attorney bhibit .'A" e e POLICY FOR NAMING CITY OF LA PORTE FACILITIES PURPOSE To establish guidelines and procedures for the naming of municipal facilities or donation of a memorial tree with plaque. PROCEDURES A To initiate the naming process, an application should be requested from and returned to the City Secretary's Office. A set of Procedures and Guidelines will accompany each application for completion. B. A standing Committee, appointed by Council and composed of Councilmembers from the three (3) At-Large Positions (Mayor, Position "A," and Position ''B''), will consider all applications and provide recommendations. C. The Council Committee will present their recommendation to the full City Council to consider the naming of the City facility or parkland. D. Generally, municipal facilities will be named immediately prior to or during development of the facilities. GUIDELINES 1. In honor of individuals who donate land for park $,pace or donate a maior part of the funds required to construct or renovate a facility. A minimum offifty percent (500A.) or more of the total funds is necessary to constitute a major portion. 2. Outstandins and/or predominant historical features of significance. Historical features will include the names of early residents or citizens and/or events of significance to the area's development. 3. In honor of deceased local community leaders. Deceased local community leaders must have served in an elected or appointed position of the City of La Porte. These leaders must have provided outstanding personal service that has resulted in a significant and enduring contribution to the community and have been deceased for a minimum offive (5) years. 4. In honor of dereased national or state leaders. Deceased national or state leaders must have directly impacted the citizens of La Porte and have been deceased for a minimum of five (5) years. 5. In relation to outstanding and/or predominant geographical characteristics or physical features of the tarnt such as streams, rivers, plant species, etc. Geographical and physical features will include those naturally occurring. (i.e., vegetation materials, streams, rivers, creeks, lakes or forested areas), and those man-made, (i.e., subdivisions, streets, office/industrial complexes or other commercial areas). 1 e e 6. In relation to a street or streets acijacent to the facility or parkland. 7. In relation to a subdivision that houses the facility 9r is adjacent to the parkla~d. 8. Municipal recreation centers that are a part of or lie within the boundaries of a park shall bear the name of that park: unless the park name cannot be incolJ)Orated in the facility name. 9. Municipal facilities may be siven the same name as a school site. where the sites abut one another. 10. Renaming of a public ~. Renaming of a public street shall require the concurrence from a minimum of seventy-five percent (75%) of the property owners abutting the proposed street. Persons and/or groups submitting street names for consideration shall be required to provide a notarized list of concurring property owners and to defray the cost (at least 6()OA.) of installing signs and other expenses (i.e. maps, plats, 911, etc.) Streets in newly platted subdivisions or streets that have not been developed are exempt from this policy. 11. R.ePaming of a municipal facility. Renaming of municipal facilities may be considered if exceptional circumstances exist, but should not be a common practice. In such circumstances, care must be taken to avoid renaming because the purpose of the prior naming had become obscured over time (and thus eliminate appropriate recognition or honor). 12. Donation of a tree for City park or facility. If more appropriate for the circumstances, a request may be presented to plant a tree in memory of the significant contributor. A small plaque (no larger than 12 inches by 12 inches) will be placed at the foot of the tree with name, date(s), and honored contribution to the community. The plaque must be installed to grade. This memorial shall follow the same recommended guidelines as for naming a facility . DEFINITIONS Facilities: A municipal facility or municipal facilities shall be any real properties that are owned by the City of La Porte such as, but not limited to public buildings, parks, streets, or any other City-owned structures or property. Fillaacial BeDefactor Criteria: Individuals (deceased), organizations, or entities nominated under this category sball make, or have made, a significant financial contribution toward a tacility. Significant financial contributions will be measured also by the impact a single contribution makes toward the successful conclusion of or continuing operation of the facility to be named. Depending on the impact, the naming could be for the entire facility or some portion (i.e., a room). HistoricaJlSymbolic Criteria: Facilities may be named for individuals, families, organizations or entities who, for historical or symbolic reasons, have contributed to the community. Nominated individuals shall have been deceased for a minimum of five (5) years. When considering individuals or f3milies under this category, criteria will include their character, service to the community, leadership and inspiration to others. 2 e e. Civic Contribution Criteria: Individuals selected within this category shall have been deceased for a mlDlmum of five (5) years and shall have been selected based on many years of service to the community and in consideration of their positive impact on the development and well being of the entire community. These nominations should be made objectively, without consideration to illness, misfortune, or incidents creating emotional responses. Organizations should be nominated according to the same criteria. 3 e e APPLICATION FOR NAIlING A CITY OF LA PORTE FACILITY Please provide the information requested and retum this application to the City Secretary's Office. Applicant Information Name: Address: Phone: Facility Information Location: Current Name: Function or Facility: Proposed Name: Contributions In the spaces provided below, briefly explain how the proposed individual, family, organization, or entity has contributed to La Porte. You may use any combination of categories, as is appropriate to the nomination, to describe the contributions made. For further assistance, please refer to the Procedures and Guidelines for the Naming of Public Facilities. Financial Contribution HistoricallSymbolic Contribution Civic Contribution 4 c. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 10.27.08 Budeet Requested By: Kenith ArI('ox Source of Funds: Department: Police Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Letter's sent to area business in regard to the operation of 8-liners Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMEND A TION As requested, the Chief of Police will provide a brief up-date to City Council relating to the status of illegal gaming (8-liner) operations in the City of La Porte and actions taken by the La Porte Police Department to address this issue. Date La Porte Police Department 3001 North 23rd Street La Porte, Texas 77571 281-471-3810 Fax: 281-470-1590 DATE: September 9,2008 TO: Owners/Operators of Coin Operated Machine Businesses, In response to opinions issued by the Attorney General of Texas, and clarifications by the Hanis County District Attorney's Office we are offering this document to address potential issues that may involve your establishment. Owners, operators, and patrons of game rooms that have illegal 8-liner game machines and similar devices may be subject to prosecution for: 1. Gambling promotion; 2. Keeping a gambling place 3. Possession of gambling device, equipment or paraphernalia 4. Violations of various other laws and ordinances. Such offenses may be punishable by up to a year in the county jail and/or a fine of up to $4,000. The devices, all associated monies, and financial accounts are subject to seizure and forfeiture provided the evidence supports the charge. The enforcement and investigation of these laws falls within the jurisdiction of the La Porte Police Department. The Harris County District Attorney's Office will prosecute cases against those establishments that this department finds sufficient evidence to support a charge. Certain violations may also be addressed in municipal comi. We have included copies of certain, specific laws and ordinances related to this issue. For a detailed listing of offenses you may refer to the Texas Penal Code, Chapter 47, as well as the City of La Porte Code of Ordinances. The La Porte Police Department is committed to enforcing gambling laws, as well as violations of city ordinances, and all violations will be addressed. You may contact Assistant Chief Ron Parker at 281-842-3158 if you have any questions. Sincerely, Ron Parker Assistant Chief of Police Ron Bot/o/lls City Manager ^:~'lwIJ ,Jd'!lX ('!lv/ll! /1,"I"tl' 9 "- ----. ~ -- No Back-up required for this item