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Home My WebLink About2009-08-10 & 08-11 City Council Meeting for the Budget Workshop Meetings on Proposed Budget and Public Hearing on Recommendations of Staff and Other Matters of the City of La Porte . 5 A MINUTES OF CITY COUNCIL MEETING FOR THE BUDGET WORKSHOP MEETINGS ON PROPOSED BUDGET AND PUBLIC HEARING ON RECOMMENDATIONS OF STAFF AND OTHER MATTERS OF THE CITY OF LA PORTE CITY COUNCIL AUGUST 10 & 11, 20009 1. Call to order The meeting was called to order by Mayor Beasley at 6:00 p.m. on August 10, 2009. Members of City Council Present: Mayor Barry Beasley, Mayor Pro-Tem Georgia Malone, Councilmember Louis Rigby, Tommy Moser, John Black, Daryl Leonard, Chuck Engelken, Mike Clausen and Mike Mosteit Members of Council absent: None Members of Executive Staff and City Employees Present on AUQust 10 & 11, 2009: City Manager's Office: Ron Bottoms, Melisa Lanclos and John Joerns City Secretary's Office: Martha Gillett and Sharon Harris Public Works: Don Pennell and Steve Gillett Planning: Tim Tietjens, Peggy Lee, Reagan McPhail, Masood Malik, Rodney Slaton and Debbie Wilmore Police Department: Ken Adcox, Ron Parker and Michelle Bedford GIS: Isaac Rodriguez, Brian Sterling and John Lawler Finance: Michael Dolby, Shelly Wolny, Gay Collins and Phyllis Rinehart City Attorney: Clark Askins Fire: Mike Boaze and Don Ladd Main Street: Stacey Osborne Emergency Management: Jeff Suggs and Kristin Gauthier Golf: Alex Osmond, Kelly Garner and Dennis Hlavaty Municipal Court: Judge Mitrano, Lynda Kilgore and Marion Harrison Parks and Recreation: Stephen Barr and Marlene Rigby Human Resources: Heather Weger EMS: Ray Nolen Others Present: Maggie Anderson, Steve Valerius, Rhonda Lunsford, Tim Gomez, Mary Gomez, Donald Thorson, Antonio Deleza, Pascal Arteaga, Ann Hayes, Colleen Hicks, David Janda and Adam Yanelli of Bayshore Sun. 2. Invocation was given by Bobbye Worsham of the Second Baptist Church. Reverend Worsham was not present to give the Invocation so it was led by Mayor Beasley. 3. Councilmember Mike Clausen led the Pledge of Allegiance. Minutes of Regular Meeting and Workshop of the La Porte City Council held on August 10 -11, 2009 Page 2 4. Council to consider approval or other action of minutes of Regular Meeting and Workshop Meeting for the La Porte City Council held on July 27,2009 - M. Gillett Motion was made by Council member Engelken to approve the minutes as presented by Ms. Gillett. A second was made by Councilmember Mosteit. Motion carried. Ayes: Rigby, Moser, Black, Malone, Leonard, Engelken, Mosteit, Clausen and Beasley Nays: None Abstain: None Absent: None 5. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Steve Valerius - 140 Hazel St., La Porte, Texas - Mr. Valerius informed the Council he was speaking on behalf of the Old Highway 146 Committee. He noted they are in favor of demolition of the buildings being presented this evening. In addition, he requested the City to increase enforcement of trash, abandoned vehicles and mowing ordinances. 6. Public Hearing - Council to consider passage or other action regarding ordinances condemning four (4) substandard structures (Ord. 3162 through 3165) - D. Wilmore Open Public Hearing - Mayor Beasley opened the Public Hearing at 6:06 p.m. Chief Building Official Debbie Wilmore presented summary and recommendation and answered Council's questions. Ms. Wilmore informed Council staff is recommending passage of condemnation ordinances on 201 Garfield and 207 East "A" Street and tabling ordinances on 401 N. 6th and 704 S. Holmes for 60 days. Public input: Pascal Arteaga of Hughes, Watters informed the Council he is representing Bayview Loan Service, Mortgage Bank of 207 East "A" Street and requested additional time until such time the bank has foreclosed and owns the property. Mary Riley - 401 N. 6th - requested additional time to get a legal issue in order. Tim Gomez - 704 S. Holmes - requested additional time of 30-40 days to complete remodeling efforts. Tony Deleza - 201 Garfield - requested an additional week or two in order to allow him to make a decision on what he wants to do with the property. Recommendation of staff - Council to approve recommendation of Dangerous Building Inspection Board (Chief Building Official, Fire Marshal and Fire Chief) to condemn substandard structures on 201 Garfield and 207 East "A" Street and table ordinances on 401 N. 6th and 704 S. Holmes for 60 days. Minutes of Regular Meeting and Workshop of the La Porte City Council held on August 10 -11, 2009 Page 3 Mayor Beasley closed the Public Hearing at 6:25 p.m. in connection with Ordinances 3162 and 3163 and tabled public hearing in connection with Ordinances 3164 and 3165 for 60 days, to be taken up at the October 12, 2009 Council Meeting. 7. Council to consider approval or other action regarding ordinances declaring the buildings located at 201 Garfield Street, 207 East "An Street, 704 S. Holmes and 401 N. 6th Street condemned, and ordering removal of same and to table buildings located at 704 S. Holmes and 401 North 6th for 60 days. Assistant City Attorney read Ordinances: Ordinance 3162 - An ordinance declaring the building(s) located on Blk. 5: Lot 9 & Tr. 10: Sylvan Beach, Harris County, Texas, to be in fact a nuisance; ordering such building(s) condemned; finding that Antonio A. Deleza, is the record owner(s) of said property; ordering the said owner(s) to entirely remove or tear down such building(s); ordering the said owner(s) to commence said removal or demolition within ten (10) days from the effective date of this ordinance; and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance; ordering the dangerous building inspection board to place a notice on said building(s); ordering the City Secretary to forward a copy of this ordinance to said owner(s) providing for the removal of said building(s) by the City of La Porte if not removed by said owner(s) in the manner provided herein; providing an effective date hereof; and finding compliance with the open meetings law. Ordinance 3163 - An ordinance declaring the building(s) located on Blk 198; E 68.6' of Lots 11-13; La Porte, Harris County, Texas, to be in fact a nuisance; ordering such building(s) condemned; finding that Wade Cooper and Wade Cooper, Sr., are the record owner(s) of said property; ordering the said owner(s) to entirely remove or tear down such building(s); ordering the said owner(s) to commence said removal or demolition within ten (10) days from the effective date of this ordinance; and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance; ordering the dangerous building(s) inspections board to place a notice on said building(s); ordering the City Secretary to forward a copy of this ordinance to said owner(s); providing for the removal of said building(s) by the City of La Porte if not removed by said owner(s) in the manner provided herein; providing an effective date hereof; and finding compliance with the open meetings law. Motion was made by Councilmember Black to approve Ord. 3162 and 3163 as presented by Ms. Wilmore and table ordinances 3164 and 3165 for 60 days. A second was made by Councilmember Leonard. Motion carried. Ayes: Rigby, Moser, Black, Leonard, Malone, Engelken, Clausen and Beasley Nays: Mosteit Abstain: Councilmember Malone abstained from voting on the ordinance regarding the Garfield property. Absent: None Minutes of Regular Meeting and Workshop of the La Porte City Council held on August 10 -11, 2009 Page 4 8. Consider approval or other action regarding appointing members to various Boards, Commissions, and Committees, of the City of La Porte and ratifying the reappointment of Lindsay Pfeiffer as the Chairman of the City of La Porte Tax Increment Reinvestment Zone Number One and the City of La Porte Redevelopment Authority. Mayor Pro-Tem Malone read the caption: 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. Mayor Beasley presented summary and recommendation and answered Councils' questions. Motion was made by Councilmember Malone to approve Ord. 3166 as presented by Mayor Beasley. A second was made by Councilmember Clausen. Motion carried. The following items were approved: The Mayor's reappointment of Lindsay Pfeiffer as the TIRZ Board Chairman was ratified. Betty Moore was added to the Census Count Committee as the wrong name of Pauline Lewis was submitted at the previous meeting. In addition, Joe Lopez was added to the Census Count Committee. Ayes: Rigby, Moser, Black, Malone, Leonard, Engelken, Mosteit, Clausen and Beasley Nays: None Abstain: None Absent: None 9. Receive Drainage Report from Staff - S. Gillett Assistant Public Works Director Don Pennell presented the Drainage Report. Mr. Pennell informed the Council the Creekmont Park project is 60% complete. In addition, he informed the Council the south side of town should be completed within 2-3 weeks. At this point the meeting recessed at 6:40 p.m. The meeting was reconvened at 6:50 p.m. 10. Council discussed the proposed 2009-2010 budget The following budgets were discussed on August 10, 2009: Minutes of Regular Meeting and Workshop of the La Porte City Council held on August 10 -11, 2009 Page 5 City Manager Ron Bottoms provided Council with an overview of the upcoming proposed budget. The following departmental budgets were discussed: EMS, Police Department, Emergency Management, Administration, Main Street, Hotel/Motel, 4b, Human Resources/Risk Management, Health/Medical, Municipal Court Purchasing, City Secretary, Legal, City Council, Finance, Tax, Non Departmental, Public Works, Airport, La Porte Area Water Authority and Motor Pool Budgets were discussed. Council retired into Executive Session at 9:04 p.m. See below Item # 13. Council recessed the meeting on 8/10/2009 at 9:26 p.m. Council reconvened the meeting on 8/11/2009 at 6:00 p.m. The following departmental budgets were discussed on 8/11/2009 Public Works Capital Improvement Projects, Drainage, Vehicle Replacements, Parks and Recreation, Planning Department, GIS, Inspections, Golf Course, IT, General Capital Improvement Projects. In addition, Finance Director Michael Dolby provided an overview of debt services. Assistant City Manager John Joerns provided an overview of the TIRZ budget. Council accepted the proposed budget as presented, with the following directives: · That the implementation of the drainage maintenance fee be well publicized. · Staff to bring back additional recommendations for improvements at the Golf Course. · Staff to explore several options for creating additional Council office space to include the possibility of two members per office. 11. City Manager Ron Bottoms provided Administrative Reports for the following: August 10-14, 2009 - Budget Workshop Meetings - 6:00 p.m. August 13, 2009 - Special tour aboard POH MN Sam Houston - dock adjacent to the Battleship Texas (San Jacinto State Park) - 6:15 p.m. (begin boarding) August 14-15, 2009 - TML Region 14 Fall Meeting - Moody Gardens August 18, 2009 - Breakfast with the Stars - Heritage Park Elementary 7: 00 a.m. August 19, 2009 - Drainage Committee Meeting - 6:00 p.m. Minutes of Regular Meeting and Workshop of the La Porte City Council held on August 10 -11, 2009 Page 6 August 20, 2009 - Harris County Mayor and Council Association Dinner- Aquarium Restaurant Downtown - 6:30 p.m. August 24, 2009 - City Council Meeting - 6:00 p.m. August 25, 2009 - Economic Alliance Houston Port Region Legislative Wrap-Up Breakfast - San Jacinto College (North Campus) - Wayne Slovacek Bldg. 7:00 a.m. - 9:00 a.m. 12. Council Comments - Clausen, Rigby, Moser, Black, Malone, Leonard, Engelken, Mosteit and Beasley A. Matters appearing on agenda B. Recognition of community members, city employees, and upcoming events C. Inquiry of staff regarding specific factual information for a recitation of existing policy 13. 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. 551.074 (Personnel Matter) Evaluation of the City Secretary 8/10/09 Council retired to Executive Session at 9:04 p.m. Council returned to the table at 9:25 p.m. Council reconvened the Budget Workshop Meetings and Public Hearing Meeting at 9:26 p.m. 14. Considerations and possible action on items considered in Executive Session. Motion was made by Chuck Engelken to increase Martha Gillett, City Secretary's salary by 5%. Second by Councilmember Mosteit. Motion carried unanimously. Ayes: Mayor Beasley, Mayor Pro-Tem Malone, Councilmembers Black, Mosteit, Engelken, Leonard, Moser, Rigby and Clausen. Nays: None Abstain: None Absent: None 15. Adjournment Minutes of Regular Meeting and Workshop of the La Porte City Council held on August 10 -11, 2009 Page 7 There being no further business on August 10, 2009, the meeting was duly recessed at 9:27 p.m. There being no further business on August 11, 2009, the meeting was duly adjourned at 8:06 p.m. Respectfully submitted, Y;Z&tA~ Martha Gillett, TRMC, CMC City Secretary Passed and approved on thiS:J~y of August 2009. .~ Mayor i Beasley B -:f1e rn f ~ /I rrJ REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: AUl!Ust 24. 2009 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Planninl!: Amount Budgeted: N/A Report: _Resolution: _Ordinance: ~ Amount Requested: N/A Exhibits: A. Ord. for Water & Sewer Service Agreements B. Water Service Agreement C. Sanitary Sewer Service Agreement D. Area Map Budgeted Item: _YES ...x....NO SUMMARY & RECOMMENDATION Heller Industrial Parks, Inc. has approached the City for water and sanitary sewer service to its existing facility, 'Two Eighteen M Texas, LLC" located at 11935 SH 225 in the City's Battleground Industrial District (see Exhibit "0" - Area Map). Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the City's industrial districts. These companies are required by the policy to execute and maintain a current Industrial District Agreement with the City. Council has previously approved an IDA with Heller Industrial Parks, Inc. for Two Eighteen M Texas (IDA-2007-113) and the company desires to obtain water and sanitary sewer service under the terms of this policy. Based on the company's stated demand for domestic uses, the average daily demand for domestic water and sewer usage is 2,800 gpd which is within the policy's limit of 30,000 gallons per day. The applicant, under the terms of the policy, will pay one and one-half (1-~) times the City's current utility rate. Additionally, Two Eighteen M Texas, LLC is subject to a one-time connection fee associated with its water and sewer agreements in the amount of $5,600 each ($11,200 total), for which payment has been received. The terms of the company's Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, 2019, plus any renewals and extensions thereof. However, the agreements shall automatically expire at such time as there is no effective IDA between the parties or, if the city exercises the right of termination. ~ f9~9 Date ORDINANCE NO. 2009- 3(~ 7 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND TWO EIGHTEEN M TEXAS, LLC, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Manager is hereby authorized to execute said contact, agreement, or other undertaking described in the title of this ordinance. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code 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. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2009- PASSED AND APPROVED, this ATTEST: Martha A. Gillett City Secretary AP;;: ZtJ. d- Knox W. Askins City Attorney By: day of CITY OF LA PORTE PAGE 2 , 2009. Barry Beasley Mayor 1 STATE OF TEXAS ~ COUNTY OF HARRIS ~ WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and Two Ei ghteen-M- Texas hereinafter called "COMPANY". I. COMPANY is the owner of certain real property, which is situated in CITY'S Battl eground Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. ~ 2 Upon review of these representations, the City has determined the following: Number of Company Employees on site 20 Number of Contract Employees on site -.3L Total on-site Employees 56 Potable Water Approved for Domestic Use Total on-site Employees times 50 gpd per employee) 2800 Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 2800 IV. CITY has determined that adequate facilities are available for CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of $ 5 ,600.00 (B) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (C) The total amount of potable water approved (average daily demand) is established at Two thousand ei ght hundred (2800 ) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D) The average monthly demand of Ei ghty fi ve thousand four hundred @5,400) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. f 3 (E) The cost of water up to the average monthly demand of EightyJive thousand four hundred (85,400 ) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of Eighty five thousand four hundred (85,400 ) gallons per month. Repeated consumption greater than the established average monthly demand may result in termination of service. (H) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (I) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (1) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (K) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (L) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of r 4 COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (M) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (N) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (0) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (P) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY'S development may be subject to certain additional requirements as described in Exhibit "A", attached. These requirements shall be shown on the site plan and approved by CITY. (Q) CITY does not guarantee its water system will provide specific water pressure and/or water volume requirements of COMPANY. (R) COMPANY is responsible for design of adequate and appropriate systems for fire suppression systems to its facilities. r 5 V. All expenses associated with installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY shall retain ownership and maintenance responsibility for its water meter(s). In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of ingress and egress at all reasonable times for the purpose of reading, maintenance, installation, removal and/or relocation of its water meter(s) and for inspection of COMPANY'S water facilities in order to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. r 6 IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six- month period, CITY shall have the right to terminate water service at its sole discretion. x. In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2019. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO and effective the day of , 2009 ?~~/:R'G.) ~ Name: 'Se~( ::f. V~tltAN\;'(~ Title: ~rc:/;Je:r(t Address: 1Oi:;- rvl {( {}..J . G{i~YL ;/0J C%,gSI I r CITY OF LA PORTE ATTEST: Martha A. Gillett City Secretary APPROVED: q~!{/) Knox W. Askins City Attorney City Attorney PO Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 By: By: CITY OF LA PORTE AJtQR K Perter g C( n'j g e co 1(':J Mayor Ron Bottoms City Manager City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 Phone: (281) 471-5020 Fax: (281) 471-7168 7 } 8 This is EXHIBIT A, consisting of I page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY Dated Initial: CITY ADDITIONAL REQillREMENTS COMPANf- The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) STORM WATER PLAN: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) BEAUTIFICATION EFFORTS: COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water servIce. r 1 STATE OF TEXAS S COUNTY OF HARRIS S SANITARY SEWER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and Two Ei ghteen-M- Texas hereinafter called "COMPANY". 1. COMPANY IS the owner of certain real property, which is situated in CITY'S Ba tt 1 eground Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: ill. COMPANY has made certain representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. ~ 2 Upon review of these representations, the City has determined the following. Number of Employees on-site 20 Number of Contract Employees ..3..6.- Total on-site Employees 56 Sanitary Sewer Desired for Domestic Use (Total on-site times 50 gpd per employee) 2800 Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) 2800 IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). Company shall pay to CITY a one-time administrative connection charge of $ 5,600.00. (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (C). The average daily demand IS established at Two thousand eight hundred ( 2800 ) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily demand multiplied by a factor of 30.5, which shall be used to facilitate service billings. , (E). The cost of sanitary sewer servlce up to the average monthly demand of Eiqhtv five thousand four hundred(85.400 ) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. ~ 3 (F). The cost of sanitary sewer service for amounts in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of -Eiqhtv five thousand four hundred 85,400 ). Repeated sanitary sewer delivery greater than the established average monthly demand may result in termination of service. (H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (J). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing r 4 inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. (N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (0). COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development.project may be subject to certain additional requirements as described in Exhibit "A", attached. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities. VI. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VITI. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the } 5 integrity of the public sanitary sewer system is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole discretion. x. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31,2019. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective the day of ,2009. ~' Two Eighteen-M-Texas Company He\ \t( ~s\rA. '~\-<;'J. . J fVlCl1l'V~ er Name: Title: '+>rpSI'Jertt Address: ~ (ftt,{/ fd, Qr5Y\, ItJJ D~~j 7 / }- CITY OF LA PORTE ATTEST: By: Martha A. Gillett City Secretary APP~~n iZ:iL __----- Knox W. Askins City Attorney By: CITY OF LA PORTE ,.Alt0R K PQrt€r O/'f. ('--1 R I f>L< -i f.....<?6.) ~!;j Mayor Ron Bottoms City Manager 6 } 7 This is EXIllBIT A, consisting of I page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY Dated Initial: CITY COMPANYr ADDITIONAL REQUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water and/or sanitary sewer to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) STORM WATER PLAN: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer servIce. 2) BEAUTIFICATION EFFORTS: COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 3) SAMPLING WELL: COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards. 4) INDUSTRIAL WASTE PERMIT: COMP ANY shall submit application to CITY for industrial waste permit. r c S-fem fM lI~cJ REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: AUl!:ust 24. 2009 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Planninl!: Amount Budgeted: N/A Report: _Resolution: _Ordinance: ...K...- Amount Requested: N/A Exhibits: A. Ord. for Water & Sewer Service Agreements B. Water Service Agreement C. Sanitary Sewer Service Agreement D. Area Map Budgeted Item: _YES ..L..NO SUMMARY & RECOMMENDATION Heller Industrial Parks, Inc. has approached the City for water and sanitary sewer service to its existing facility, "Two Zero One M Texas, LLC" located at 11931 SH 225 in the City's Battleground Industrial District (see Exhibit "D" - Area Map). Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the City's industrial districts. These companies are required by the policy to execute and maintain a current Industrial District Agreement with the City. Council has previously approved an IDA with Heller Industrial Parks, Inc. for Two Zero One M Texas (IDA-2007-111) and the company desires to obtain water and sanitary sewer service under the terms of this policy. Based on the company's stated demand for domestic uses, the average daily demand for domestic water and sewer usage is 2,500 gpd which is within the policy's limit of 30,000 gallons per day. The applicant, under the terms of the policy, will pay one and one-half (1-Yz) times the City's current utility rate. Additionally, Two Zero One M Texas, LLC is subject to a one-time connection fee associated with its water and sewer agreements in the amount of $5,000 each ($10,000 total), for which payment has been received. The terms of the company's Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, 2019, plus any renewals and extensions thereof. However, the agreements shall automatically expire at such time as there is no effective IDA between the parties or, if the city exercises the right of termination. App ve an ordinance authorizing the City to enter into a Water Service Agreement and a Sanitary Sewer Servi e Agreement with Two Zero One M Texas, LLC. ORDINANCE NO. 2009- 31(E ~ AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND TWO ZERO ONE M TEXAS, LLC, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Manager is hereby authorized to execute said contact, agreement, or other undertaking described in the title of this ordinance. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2009- PASSED AND APPROVED, this ATTEST: Martha A. Gillett City Secretary APPROVED: ~tJ Knox W. Askins City Attorney By: day of CITY OF LA PORTE PAGE 2 , 2009. Barry Beasley Mayor 1 STATE OF TEXAS ~ COUNTY OF HARRIS ~ WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and Two Zero One M Texas, L.L.C. hereinafter called "COMPANY". I. COMPANY is the owner of certain real property, which is situated in CITY'S Battleground Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. f- 2 Upon review of these representations, the City has determined the following: Number of Company Employees on site 23 Number of Contract Employees on site 27 Total on-site Employees 50 Potable Water Approved for Domestic Use Total on-site Employees times 50 gpd per employee) 2500 Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 2500 IV. CITY has determined that adequate facilities are available for CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of $ 5 ,000.00 (B) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (C) The total amount of potable water approved (average daily demand) is established at Two thousand fi ve hundred ( 2500 ) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D) The average monthly demand of Seventy six thousand two fifty (76,250) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. } 3 (E) The cost of water up to the average monthly demand of Seventy six thousand two fifty ( 76.250 ) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of Seventy _six thousand two fifty (76.250 ) gallons per month. Repeated consumption greater than the established average monthly demand may result in termination of service. (H) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (I) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (1) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (K) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (L) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of } 4 COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (M) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (N) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (0) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (P) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY'S development may be subject to certain additional requirements as described in Exhibit "A", attached. These requirements shall be shown on the site plan and approved by CITY. (Q) CITY does not guarantee its water system will provide specific water pressure and/or water volume requirements of COMPANY. (R) COMPANY is responsible for design of adequate and appropriate systems for fire suppression systems to its facilities. r 5 V. All expenses associated with installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY shall retain ownership and maintenance responsibility for its water meter(s). In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VIT. CITY reserves the right of ingress and egress at all reasonable times for the purpose of reading, maintenance, installation, removal and/or relocation of its water meter(s) and for inspection of COMPANY'S water facilities in order to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. Vill. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. } 6 IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six- month period, CITY shall have the right to terminate water service at its sole discretion. x. In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2019. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO and effective the day of ,2009 ')J:rc., (f1~j~ 'lSV" t-\e1\ Signature: Name: Title: \=>re S-I ~eft-\- Address: ;).ot;; vYli'( l eJ ~SO", rV-S- fY6't37 / r CITY OF LA PORTE .' .~~Q ::::::. ~." .::~:.+~<)>. . . . . . . '. . .. . . .:: ~.~:.: ~ ~.~X\~:. . : : : . By: ATTEST: Martha A. Gillett City Secretary APPROVED: ell j?Y/J i~ ~ (jJ. .~ Knox W. Askins City Attorney By: City Attorney PO Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 7 CITY OF LA PORTE AllonE. PUller '13:arr:j l$'eed (€!:j Mayor Ron Bottoms City Manager City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 Phone: (281) 471-5020 Fax: (281) 471-7168 r 8 This is EXHIBIT A, consisting of I page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY Dated Initial: CITY ADDITIONAL REQillREMENTS COMPANYr The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement andlor Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water andlor sanitary sewer service from CITY. 1) STORM WATER PLAN: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water andlor sewer service. 2) BEAUTIFICATION EFFORTS: COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water servIce. ~ 1 STATE OF TEXAS 9 COUNTY OF HARRIS 9 SANITARY SEWER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and Two Zero One M Texas, L.L.C. hereinafter called "COMPANY". I. CaMP ANY IS the owner of certain real property, which is situated in CITY'S Sa tt 1 eg rou nd Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. CaMP ANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: ill. CaMP ANY has made certain representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. } 2 Upon review of these representations, the City has determined the following. Number of Employees on-site 23 Number of Contract Employees -1L Total on-site Employees ~ Sanitary Sewer Desired for Domestic Use (Total on-site times 50 gpd per employee) 2500 Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) 251lO... IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). Company shall pay to CITY a one-time administrative connection charge of $ 5,000.00 . (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (C). The average daily demand IS established at Two thousand fi ve hundred ( 2500 ) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily demand multiplied by a factor of 30.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer servIce up to the average monthly demand of Seventy six thousand two fifty ( 76,250 ) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. r 3 (F). The cost of sanitary sewer service for amounts in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of Sev_entv six thousand two fi fty (76,250 ). Repeated sanitary sewer delivery greater than the established average monthly demand may result in termination of service. (R). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (1). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article IT of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing } 4 inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. (N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (0). COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development project may be subject to certain additional requirements as described in Exhibit "A", attached. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities. VI. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VIT. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VITI. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the r 5 integrity of the public sanitary sewer system is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole discretion. x. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31,2019. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective the day of ,2009. 1Sy~ Two Zero One M Texas, L.L.C. . Company... H-elkr DcWs=\rI~\ Pb ~)--+Acj t11llchf1jfj Name: Title:_p r(s~Jc/r+- Address: ~l.) rv;(- {I {J, ~J(s.o(\, (0) O~g})7 I r CITY OF LA PORTE ATTEST: Martha A. Gillett City Secretary AP~1J ~ Knox W. Askins City Attorney By: By: CITY OF LA PORTE Alton E. r 6!'t@t.. "IS a r-r ~ 8 e cd le::J Mayor Ron Bottoms City Manager 6 r 7 This is EXIllBIT A, consisting of 1 page, referred to in and part of the Water Senrice Agreement and/or Sanitary Sewer Senrice Agreement between CITY and COMPANY Dated Initial: CITY COMPANY!=- ADDITIONAL REQUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMP ANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water andlor sanitary sewer to COMPANY pursuant to the terms of the Water Service Agreement andlor Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMP ANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) STORM WATER PLAN: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water andlor sewer servIce. 2) BEAUTIFICATION EFFORTS: COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 3) SAMPLING WELL: COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards. 4) INDUSTRIAL WASTE PERMIT: COMPANY shall submit application to CITY for industrial waste permit. r - -" '-~---'-_..-_._--~~--"-'"""~~"-_.__.<-,,.,~..__.~-,,-"_..._- ..... ._.,-".,....................-----~-,.....".._._..""--.._....~_..---_...._-~ D REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Aug:ust 24. 2009 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Planning: Report: _Resolution: _Ordinance:...x... Amount Budgeted: N/A Amount Requested: Exhibits: 1. Ordinance 2. Deed w/out Warranty 3. Area Map Budgeted Item: _YES ....x....NO SUMMARY & RECOMMENDATION The City has received an application from Mr. Gus Brieden to vacate, abandon and close the entire alley in Block 751, La Porte (consisting of 6,400 square feet) to create a single economic unit of land for development. City Staff as well as the City's franchised utility companies (Centerpoint Energy, AT&T & Comcast) have each reviewed the applicant's request and have expressed no objection to the proposed closing as requested. In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent appraisal of the subject alley for which fair market value has been established at $.90 per square foot. The City has received payment from the applicant in the amount of $4,320.00 (75% of Fair Market Value per the ordinance) for the alley closing. Action Required of Council: Approve an ordinance vacating, abandoning, and closing the entire alley in Block 751, La Porte. 9 ORDINANCE NO. 2009- 31 (p q AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 751, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described alley in Block 751, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close the hereinafter described alley in Block 751, Town of La Porte, Harris County, Texas, and, WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described alley in Block 751, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described alley in Block 751, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described alley in Block 751, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described alley in Block 751 is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit and generally illustrated in Exhibit "A" attached hereto and made part of herein: 2 Tract I: The entire alley in Block 751, Town of La Porte, lying within and situated between Lots 1 through 16 and Lots 17 through 32 (containing 6,400 square feet) Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 3. As a condition of passage and approval of this ordinance and subsequent filing of a deed granting the alley of Block 751 to Gus Brieden, all conditions of approved site plan (re: City of La Porte File No. 2007-8205) shall be implemented within sixty (60) calendar days from passage and approval of this ordinance. In the event that the conditions of aforementioned site plan are not completed by Gus Brieden and approved by the City of La Porte within the above-stipulated period, this ordinance and the aforementioned deed for the alley in Block 751, La Porte shall be deemed null and void by the City of La Porte. Section 4. This ordinance shall be effective from and after its passage and approval, and it is so ordered. 3 PASSED AND APPROVED THIS 24th DAY AUGUST 2009. CITY OF LA PORTE ATTEST: '-1J;tUd5iilt/~ Martha Gillet, City ecretary APPROVED: Clark T. Askins, City Attorney 4 I "'..."'_ " W MAIN ST W*E - , - rrIIJ II 1) (/) 72a :z: 724 7 5 to r ... ... 7 6 (/) (/) :z: ... ,... ... (/) ALLEY OF BLOCK 751, l I - TOWN OF LA PORTE WAST ~ '\ 751 752 71:') I~~ ! 1 j ; I waST 7 2 ~ )1 760 I EXHIBIT "A" - ORD. NO. 2009- - fll I , '" " , DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: August 24, 2009 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Gus R. Brieden Mailing Address: 1-14, '" ~ ta1A r<<vtN~, n 18D'I1... 'SDB Consideration: Ten and NO/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements) : The entire alley in Block 751, Town of La Porte, lying within and situated between Lots 1 through 16 and Lots 17 through 32, as generally illustrated on Exhibit "A" attached herein and made part hereof, containing a total of six thousand four hundred (6,400) square feet, which Street Right-of-Way was vacated, aband~~dl1and closed by City of La Porte Ordinance No. 2009- IltJ , passed and approved by the City Council of the City of La Porte on August 24, 2009. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Z::=w/16/7 z.. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all w rranties that might arise by common law and the warranties i ~5 023 of the Texas Property Code (or its successor) are excl tied. By: Attest, ~. ~tlA Mart a A. Glllett City Secretary AP~1tI.~ Knox W. Askins City Attorney STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ ~. This instrument was acknowledge~ before me on the ~&~Lday of C{Ua. ,2009, by Ron Bottoms, Clty Manager of the City of La Port , a municipal corporation. D: _ Q ..._ liG(t",-} - Jy ~ d~(~ Notary Public, State of ~xas E!'o ~~~ ROBIN R. ELDRIDGE .' '. ~*~ M.'>}rAMISSION eXPIRes ~.~ JUiy 16, 2010 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 2 ALLEY OF BLOCK 751, TOWN OF LA PORTE . ~A~ \ N. im.-..-m.-.----.-.......-..--m-.-.---.-..-...-.w~ E CIIIJ I rT I j\fl ; ~ 724 ~ 7 5 1 ~ I 11 Ir- I lJd.h:r. ......j ..-m...WMAIN..ST 7 6 751 2 2 1 EXHIBIT "A" ORD. NO. 2009- a.s.:r. 760 EXHIBIT 3 tTaW AREA MAP E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Aueust 24. 2009 Budeet Requested By: Heather Weger Source of Funds: Department: HUIll~R ReliQUrCeli Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Social Network Site Policv Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION City staff would like to recommend an amendment to the Employee Policy Handbook to include a Social Networking Policy. This policy is designed to address issues that may arise from city employees who may use Social Networking sites such as myspace or facebook in such a way to bring discredit upon the City of La Porte. This policy is not designed to prohibit employees from using these websites on their own time, but to address issues or problems that may arise that could potentially reflect poorly upon the City. 8mM Dat~ ORDINANCE NO. 3J70 AN ORDINANCE AMENDING THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK BY ADDING A SOCIAL NETWORKING SITE POLICY; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY 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: Section 1. The City Council of the City of La Porte hereby adopts amendments to Chapter 3, "Standards of Conduct", of the City of La Porte Employee Policies Handbook, by adding a Social Networking Site Policy, a true and correct copy of which is attached to this Ordinance as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 2. The revised City of La Porte Employee Policies Handbook hereby adopted, shall supersede all previous City of La Porte Employee Policy Handbooks and City of La Porte Personnel Policy Manuals, including amendments made thereto, heretofore adopted by the City Council of the City of La Porte. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, 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 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 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 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 in effect from and after its passage and approval. thiS~y PASSED AND APPROVED, of August, 2009. By: ATTEST: ~i!c:($ City Secretary APPROVED: ~Z I!~" lark T. Askins Assistant City Attorney 2 3.18 Social Networking Sites An employee is in violation of this policy if they publish any personal information about themselves, other employees of the City of La Porte or a customer in any public medium (print, broadcast, digital or online) that includes, but is not limited to the following: · Has the potential or effect of involving the employee, their co workers, or the City of La Porte in any kind of dispute or conflict with other employees or third parties; · Reveals the unauthorized use of City uniforms or City equipment; · Interferes with the work of any employee; · Creates a harassing, demeaning or hostile working environment for any employee or third party; · Disrupts the smooth orderly flow of work within the office, or the delivery of services to citizens; · Harms the goodwill and reputation of the City of La Porte; · Places doubt in the reliability, trustworthiness, or sound judgment of the person who is the subject of the information; or · Reveals confidential information of the City of La Porte. F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AUl!ust 24, 2009 Budl!et Requested By: Heather Weer.r Source of Funds: Department: Hum:iln R.eliQUrCeli Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Recommendation from Willis HRH Amount Requested: Exhibits: Life Premium Analvsis Budgeted Item: YES NO Exhibits Dental Premium ~AaIYliili SUMMARY & RECOMMENDATION Attached is a letter of recommendation from WillisHRH, the City of La Porte's Insurance Consultants, addressing the Life Insurance and Dental Insurance RFPs that were sent out on June 24,2009. Delta Dental, our current carrier for dental coverage came in with a renewal holding the rates for both the PPO and DHMO plans for an additional two years. Our recommendation would be to renew our Dental Coverage with Delta Dental. lNG, our current carrier for Life Insurance came with a fmal offer of $.12/$1,000 of coverage for basic life and $.030/$1,000 of coverage for Accidental Death and Dismemberment. In addition, they offered a 3 year rate guarantee as well as Funeral Planning and Concierge Services as an added benefit. Our recommendation would be to renew with lNG, saving the City $2,851.44 annually. Appr ve recommendation to continue the Life and Dental Coverage with the current vendors. D~/19 r0 ~ WIIlIS :-'~--i Lesley Hagen, RHU WillisHRH 1155 Dairy Ashford, Suite 350 P.O. Box 941709 (77094-8709) Houston, Texas 77079-3012 281-584-1667 281-249-8067 leslev. haQen@willis.com DATE: August 14, 2009 TO: Ron Bottoms City Of LaPorte CC: Heather Weger FROM: Lesley Hagen Willis HRH RE: Recommendation, Dental Insurance, Life Insurance Dental On June 24, 2009, a request for proposal (RFP) was sent to fourteen carriers. Proposals were received from six insurance companies including the incumbent. After reviewing these proposals there was not one proposal that stood out as a finalist. Delta Dental has come in with a renewal holding the rates for both the PPO and the DHMO for an additional two years. Our recommendation would be to renew with Delta and look at possibly self funding the dental coverage in 2011 . life On June 24, 2009, a request for proposal (RFP) was sent to twelve carriers. Proposals were received from seven insurance companies including the incumbent. Currently the city is paying. 16/ 1 000 coverage on the Basic Life and .030 /1000 coverage for the basic AD&D. Several carriers came in with lower rates. After reviewing and going back for the best and final offers, ING came back in with .12/1000 on the basic life and .030 for the basic AD&D. In addition, ING offered a 3 year rate guarantee and Funeral Planning and Concierge Services as an added benefit. Our recommendation would be to renew with your current carrier, ING. This will save the City of LaPorte $2851.44 annually. With the renewal we received rates for voluntary life coverage for employees/spouse. We would like to offer this as a voluntary coverage this enrollment period. We will need to get 20% participation to be able to add this coverage for the City employees going forward. Thank you for using Willis HRH. We appreciate the opportunity to help the City with these important employee benefit programs, and enjoy working with you and your staff. Cl ..- Cl N C/l C o .!Q Iii c.. E o () E :J E 0) ~ C- O) - :.J 0) t o C- ell ....J - o ~ () 'ii '! .. ... 2 ... 'ii 'u c .. c u: c '0 u c ::; '" ",.5 ..2 -.. :'Q. 0- "'l!! e .. ...c " ClU. 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'l 0'<.> g:! ~ ~ ~ o .z '! x '~ '0 z ,0 z ell ~ell1: 1 ~a~ ~ ~ . 0 ~ u ,. ~ .,'.;;- ..:5 ',~ ,~ .-~ ,w ," ::> :~ ~~ ~~ ~~g ~ m ~~g .::~ ...~ a: x :] "" ~',-:'~ 'it ~ M ~ N~~ ~ M ~ N~~ .:~ ';I a: x '~ 'W " ~, '~ ,w it MN~ ~N~ ~~g MN~ ~N~ ~~g ~~~ . >- N . . ~ . 0 ~~ffi . ~~~ ':'j: ,~ " ,"" ,~ " '::> '~ ~~ ~ ~ ~~~ ','j: , C ,;I ~ ,~ w ,~ ,~ 0' 'CL ~M Nm ~ffi~ ~~ ~ ~ >(' ,~ r3' '~ ~ 'r5 .it ~~N ~~:;; ~ E ','j: o ." . x' ,~ w ! ~ ~ ~ NON NON 0 ~~~ ~~lD '" ~~.. ~~~ ai_:.. M ! ~~ ~m 0 ~~N ~~N . ~~:;5 '<l"~:;5 ~ ~~.. ~~~ ai ~~~ 1:81: ~~I ~ -a t >-" 0 %g:{l o.g:{l ~!i E w"o w " JjE N N a: a: . ~ ~ " Jj E w ," " ::> ~ .~ ,it " l' ';I ~ X "6 ,J] " ~ ,,2 ~ .~ H REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 08-24-09 Budl!:et Requested By: Kenith Ad{'oy Source of Funds: Department: Police Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Interlocal Agreement with Morgan's Point for Dog Impound Services Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits OrdillallCIl SUMMARY & RECOMMENDATION The City of Morgan's Point has requested that the City of La Porte enter into an Interlocal Agreement allowing the City of Morgan's Point Police Department to utilize La Porte's Animal Shelter for dog impound services if needed. The City of La Porte already maintains this same type of interlocal agreement with the City of Shore acres. The City of Morgan's Point will be subject to the same fees, rules, regulations and policies as the other agencies that use the facility. The term of the agreement will be from July 20th, 2009 to July 20th, 2011. Staff does not believe that this interlocal agreement will impact the La Porte Animal Shelter in a negative way and is recommending approval. 5' bo /0'7 Date AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ THIS AGREEMENT made and entered into by and between the CITY OF LA PORTE, a municipal corporation, of Harris County, Texas, hereinafter referred to as "LA PORTE"; and the CITY OF MORGAN'S POINT, a municipal corporation of Harris County, Texas, hereinafter referred to as "MORGAN'S POINT". WITNE SETH: WHEREAS, MORGAN'S POINT is in the need of certain governmental services for the benefit of the people and property within its city limits, and WHEREAS, LA PORTE is able and willing to provide said governmental services to CITY, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, pursuant to the authority granted by Chapter 791, "Interlocal Cooperation Contracts", Texas Government Code, and in consideration of the mutual covenants, agreements, and benefits to both cities, it is hereby agreed as follows: A. GENERAL PROVISIONS I. For and during the term beginning on the.A. day of 11.u.L....... ,2009, and ending on the ~ay of ~ ' 2011, LA PORTE agrees ~ to MORGAN's POINT, the governmental servic s heremafter more speCIfically descnbed. ThIS agreement supersedes any prior agreement between the parties on the subject matter hereof. This agreement shall remain in effect after ~ , 2011, until cancelled by either party hereto giving ninety (90) days written notic~er party. ll. For and in consideration of the governmental services to be provided by LA PORTE to MORGAN'S POINT, MORGAN'S POINT agrees to pay LA PORTE, as follows, to wit: The reasonable and customary charges and fees established by Ordinance, Resolution or Policy approved by LA PORTE for same services rendered to residents of La Porte, including, but not limited to daily impound fees, feeding, and euthanasia; MORGAN'S POINT paying such amount as may be outstanding and unpaid by the dog owner or other who may claim the dog, if any, LA PORTE agrees not to release dogs impounded by MORGAN'S POINT without receiving payment in full for all services rendered by LA PORTE from the dog owner or other who may claim the dog. ID. LA PORTE will not be liable for loss or damage to person or property arising from or caused by or resulting from alleged negligence of LA PORTE, its officers or employees or volunteers in carrying out the terms of this agreement. MORGAN'S POINT agrees to indemnify, to the extent allowed by law, and save and hold LA PORTE harmless, from any such claim for loss or damage by itself, or by any person, frrm, corporation, or association, in connection with this agreement. IV. Either party to this agreement may cancel by giving ninety (90) days notice to the other party. Such notice will be effective as of midnight of the last day of the calendar month after the expiration of such ninety (90) days notice. v. MORGAN'S POINT personnel shall abide by all LA PORTE rules, regulations, and policies, as they now exist, or may be amended hereafter, relating to the services rendered including the use of facilities made available to MORGAN'S POINT under the terms of this agreement. B. DOG IMPOUND I. LA PORTE agrees to provide Dog Impound Services (Service) to the City of MORGAN'S POINT on a space available basis. LA PORTE reserves the right to refuse the Service at any time during the agreement to accommodate its own needs. MORGAN'S POINT personnel shall deliver dogs for impound to the LA PORTE facility during normal operation hours. Dogs delivered to LA PORTE for Service shall be subject to the same rules, regulations, and policies, as they now exist, or may be amended hereafter, relating to the dogs placed in the facility by LA PORTE. WITNESS OUR HANDS and the Seals of our respective Cities, effective as of the ~ of ~,2009. PASSED AND APPROVED by the City Council of the City of LA PORTE, by its Ordinance NO.~ on the 1YfI= day of (}Mjilf CIty Manager By: ATTEST: ~iJ{{M City Secretary n16rt\t1Aj PoMt- q~ PASSED AND APPROVED by the City Council of the City ofM~-l'-E,by1:ts-erdirnmce -N-e. , on the J{Nh day of ()U~J ,2009. By: ATTEST: ~~~. Ci Secre ORDINANCE NO. 2009- 31 ;-11 AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT TO PROVIDE DOG IMPOUND SERVICES TO THE CITY OF MORGAN'S POINT, ON A SPACE AVAILABLE BASIS, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The city Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and: the subj ect matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, ATTEST: lJ}J,tt~i14/ Mart a A. Gillett City Secretary A~r:~ Clark T. Askins Assistant City Attorney By: 2 ,2009. I REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 08-24-09 Budl!:et Requested By: Kenith Adcox Source of Funds: Department: Pgli~l: Account Number: Report: Resolution: Ordinance: XXX Amount Budgeted: Exhibits: Interlocal Agreement with LPISD for School Resource Officers Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits OrdiDlllIl:l: SUMMARY & RECOMMENDATION The existing School Resource Officer (SRO) Memorandum of Agreement between the City of La Porte and the La Porte Independent School District expired at the end ofthe last school year. A new Interlocal Agreement has been approved by the School District that will commence on August 17, 2009 and will end on the final day of the school year in 2012, with an option to extend the agreement for two years. The new interlocal agreement includes the school district's request to increase their use of the assigned DARE officer from half time to full time and to add an additional officer to work full-time as an SRO for their DeWalt Campus. This increase was covered in a Workshop with City Council on 05/18/09. The School District will fully reimburse the City for the salary and benefits associated with these six (6) officers during 181 work days that school is in session. This constitutes 70% of each officer's annual salary and benefits. The City would have full use of these officers during the remaining 79 work days of the year, representing the remaining 30% of the involved officer's salary and benefits. The City would of course reserve the option of pulling these officers away from their school assignment at anytime during the year should the need arise, i.e. weather emergencies. The Police Department is recommending that Council approve this interlocal agreement with the La Porte Independent School District due to the substantial benefits the program provides to the La Porte community. Action Reauired bv Council: Revie approve the Interlocal Agreement between the City of La Porte and the La Porte In pend t School District, and approve Ordinance allowing the City Manager to execute said reeme . I) Date AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ WHEREAS, this Agreement is made and entered into by and between the LAPORTE INDEPENDENT SCHOOL DISTRICT, hereinafter called "DISTRICT", and the CITY OF LA PORTE, a Texas Municipal Corporation, hereinafter called "CITY". WITNESSETH: WHEREAS, DISTRICT desires to have the Chief of Police of the City of La Porte, hereinafter called "CHIEF", authorize and direct six (6) of CITY'S patrol officers, hereinafter called "PATROL OFFICERS", to devote those officers' working time to the District Schools, during the normal school year, including teacher work days; and WHEREAS, DISTRICT is willing to pay the CITY an agreed amount equal to the cost to the CITY for supplying law enforcement services, including salary and benefits, as detailed in Exhibit A, so as to enable the PATROL OFFICERS assigned by the CHIEF to provide those services; NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties is, it is AGREED as follows: I. The CITY agrees to authorize the CHIEF to assign PATROL OFFICERS to provide law enforcement services to La Porte Schools. As used herein, the phrase "working time" means the usual or normal hours that the PATROL OFFICER is required to work in any calendar month and the area of the schools, the time the PATROL OFFICERS are in court in connection with cases arising out of events occurring within the area, the time the PATROL OFFICERS spend in preparing reports and documents pertaining to events occurring in the areas, the time the PATROL OFFICERS spend transporting persons arrested in the area to jail, the time the PATROL OFFICERS spend investigating crimes or possible crimes committed in the area, and the time spent in any and all activities related to performing law enforcement services for the DISTRICT shall be deemed working time. The items lists above are explanatory and the meaning for "working time" is not limited to said list. II. The DISTRICT agrees to pay to the CITY the sum of $341,352.61 ("'Base Amount") for assignment of six (6) PATROL OFFICERS to the DISTRICT, for the first school year included in this agreement. The Base Amount is based on six (6) officers working eight (8) hours each day for 181 days in the school year, and shall serve as compensation for the working time of said PATROL OFFICERS. The Base Amount shall remain consistent for the first year, except as otherwise provided under this agreement, but said Base Amount shall increase to the sum of $345,308.27 for school year two, and further increase to the sum of $349,607.11 for school year three, of this agreement. Said increases of the Base amount shall include and incorporate the PATROL OFFICERS' structured step pay raises for school year two and three under this agreement, as indicated in the salary schedule of payment attached as Exhibit A to the agreement and incorporated by reference for all purposes. The DISTRICT agrees to pay the CITY for any additional hours that the DISTRICT requires of the PATROL OFFICERS to provide law enforcement services to La Porte Schools. Any additional hours must be approved through the CHIEF or his designee. As detailed below, the DISTRICT further agrees that the Base Amount, and/or the increases to the Base Amount for school year two, and each year thereafter, as specified in the preceding paragraph and on Exhibit A to this agreement, may be increased by a factor equal to the Consumer Price Index _ Urban (CPI-U) increases or three (3) percent, whichever is greater. The CITY shall notify the DISTRICT of any increases at least thirty (30) days prior to the effective date of the proposed increase. Starting with school year 20 I 0-20 II (Year 2, August 20 I 0) the base amount will be increased by a factor equal to the Consumer Price Index. Such factor will be an arithmetic equation with the year January 20 II of Consumer Price Index to all urban consumers being the numerator and the year January 2009 of the Consumer Price Index to all urban consumers will be the denominator. The resulting quotient, if greater than 3%, will be multiplied by the base to arrive at the current billing amount. If the quotient is less than 3%, then 3% will be multiplied by the base amount of the 2011 school year to determine the amount to be billed. For school year 2011-2012 (Year 3, August 2011), the same methodology will be applied except the numerator for school year 2011-2012 will be 2012 of the Consumer Price Index to all urban consumers. Furthermore, for school year 2011/2012 if the quotient is less than 3% then the base amount for Year 3 will be multiplied by 3%. The CITY agrees to provide to the DISTRICT an invoice, at the beginning of each semester, setting forth costs for providing the law enforcement services to the DISTRICT. The DISTRICT agrees to reimburse the CITY the cost as set forth in the invoice within thirty (30) days of the date of such invoices. If the DISTRICT, for any reason disputes any items in any invoices submitted by the CITY, the DISTRICT shall promptly notify the CITY of the dispute and request clarification and/or remedial action. The decision of the CITY regarding all disputes involving the cost for providing PATROL OFFICERS shall be final. Payment shall be made to the City of La Porte, Attention: Finance Director, 604 West Fairmont Parkway, La Porte, Texas 77571. Invoices sent by the CITY shall be addressed to the La Porte Independent School District: Attention: David Drake, Business Office, 1002 San Jacinto Street, La Porte, TX 77571. Either party hereto may change its address for the purposes of this agreement by giving written notice of such change in the manner provided for in this agreement. III. The term of this agreement shall be for each school year, as determined by the DISTRICT, commencing August 17, 2009, for the 2009-20 I 0 school year, and ending on the final day of school in the year 2012, and shall include an option to extend this agreement for an additional two (2) years, with the same terms and conditions upon the express written approval of the CITY and the DISTRICT. It is expressly understood and agreed that the period or term of this agreement may be terminated with or without notice by the CITY at any time after the DISTRICT has defaulted on any payment of any obligation hereunder. Further, it is expressly understood and agreed that the period or term of this agreement may be terminated by the CITY or DISTRICT for any reason with 90-day written notice to the other party. Payments hereunder shall be pro-rated to effective date of cancellation. Any notice permitted or required to be given in this section to the DISTRICT shall be given by registered or certified United States, mail, postage prepaid, return receipt requests, and addressed to the DISTRICT at 1002 San Jacinto Street, La Porte, Texas 77571. Any notice permitted or required to be given in this section to the CITY shall be given by registered or certified United States mail, postage prepaid, return receipt requested, and addressed to the CITY, Attention: City Manager, at 604 West Fairmont Parkway, La Porte, Texas 77571. IV. Operating within the La Porte Police Department's SRO Operating Procedures, it is expressly understood and agreed that any PATROL OFFICERS assigned to work at the DISTRICT shall be subject to the exclusive control and supervision of the CHIEF and to the same extent as all other PATROL OFFICERS, and shall have no duty or obligation to the DISTRICT other than those duties or obligations which the PATROL OFFICERS would have to the public generally, to enforce state laws and CITY ordinances, specifically, PATROL OFFICERS shall not be required to enforce DISTRICT rules and regulations. The CHIEF shall set the working times (hours and days) for the PATROL OFFICERS after consulting with a designated agent of the DISTRICT. V. It is expressly agreed and understood between the DISTRICT and the CITY, that if, in the opinion of the CHIEF, it is necessary to use the PATROL OFFICERS assigned to carry out this agreement for other duties due to an emergency, or other reasons as determined solely by the CHIEF, that the CHIEF may temporarily suspend the assignment of PATROL OFFICERS to comply with the agreement. It is, however understood by both the CITY and the DISTRICT that the DISTRICT will be credited on a pro-rata basis for the charges hereunder if an officer is temporarily assigned to other duties at the direction of the CHIEF. VI. Both parties mutually agree that the CITY is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of the CITY are in no way to be considered employees of the DISTRICT. VII. Should any litigation be commend between the parties hereto concerning this agreement, or the rights and duties of either party in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorney's fees in such litigation. Nothing in the paragraph shall be construed so as to limit or waive the sovereign immunity of either the CITY or the DISTRICT. VIII. This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties hereunder shall be performed in Harris County, Texas. IX. If anyone or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. X. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding of written or oral agreements between the parties respecting the subject matter within. XI. No amendment, modification, or alteration of the terms hereof shall be binding unless submitted in writing, dated subsequent to the date hereof, and duly executed by both parties. XII. Neither party to this agreement may assign their rights, duties, or interest without first obtaining written consent of the other party. Consent to one assignment shall not be deemed to be consent to any subsequent assignment. An assignment without the written agreement of both parties, or an assignment by operation of law, shall be void, and shall, at the opti f either party, terminate this agreement. ICT and CITY hereto execute this agreement ,2009. IN WITN!Jq~EREOF, the unde~ igne effective on this . day of ' By: ~~~tUtAtL d.o1 JfJ Martha A. Gillett City Secretary ~::p~ ':T71~ Clar T. Askms City Attorney By: t(~ ).~ President, Kathy Green Board of Trustees La Porte Police Department DARE FULL-TIME & DEWALT LPISD Officers for School Year Year 1 Blakemore Persails Novosad Larkey Stanley TBD LPISD #1 LPISD #2 LPISD #3 LPISD #4 DARE DEWAL T WaQes 42643.60 42643.60 38140.32 40254.40 42643.60 36026.24 FICA 3262.24 3262.24 2917.73 3079.46 3262.24 2756.01 Health 6451.99 6451.99 6451.99 6451.99 6451.99 6451.99 Life 55.19 55.19 55.19 55.19 55.19 55.19 TMRS 6558.59 6558.59 5865.98 6191.13 6558.59 5540.84 Work/Comp 729.21 729.21 652.20 688.35 729.21 616.05 59700.80 59700.80 54083.41 56720.51 59700.80 51446.30 Total Year 1 $ 341,352.61 I 2 YEAR COST I $ 682,705.23 COSTS FOR SCHOOL YEAR 08-09 $ 213,310.85 1448 hours * ARP 7.65% 8183 annually/26 pay periods=$314.731 X 20.5 weeks 70 annual/26 pay periods=$2.692 X 20.5 weeks 15.38% 1.71% ORDINANCE NO. 2009- 3/1 J- AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE INDEPENDENT SCHOOL DISTRICT FOR PROVISION OF SIX PATROL OFFICERS AT LA PORTE INDEPENDENT SCHOOL DISTRICT SCHOOLS, DURING THE SCHOOL YEAR, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The city Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the city Secretary. The city Manager is hereby authorized to execute such document and all related documents on behalf of the city of La Porte. The city Secretary is hereby authorized to attest to all such signatures and to affix the seal of the city to all such documents. Section 2. The city council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city council was posted at a place convenient to the public at the city Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The city council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this~~ay of /i<<jtl01 ,2009. ORTE ATTEST: J/rItttIlf IJ A./Ll/ Martha A. Gillett city Secretary AP~ T7f~ Clark T. Askins Assistant city Attorney By: 2 7/8 REQUEST FOR CITY COUNCIL AGENDA ITEM Aoorooriation Agenda Date Requested: Au!!ust 24. 2009 Source of Funds: NA Requested By: Tim Tietiens Account Number: NA Department: Plannin!! Amount Budgeted: NA Report: _Resolution: _Ordinance:_X_ Attachments: Draft Ordinance Ordinance SUMMARY City Council directed staff to conduct a review of fence requirements for mobile home parks and to suggest fence height for residential and commercial zoning districts. On June 24, 2009, the Planning and Zoning Commission held a workshop where staff presented an overview of the provisions mandated by the current City ordinances, similar approaches adopted by the neighboring cities, and shared the results of the research by the American Planning Advisory Services regarding fences. Last year, there was a wooden fence at the perimeter boundary of the Pecan Plantation Mobile Home Park. Since Hurricane Ike, it has not been replaced by the owner or management company of the park. Several residents of the park raised concerns about the privacy, noise, and traffic impacts due to lack of fencing around the mobile home park. Other potential issues before the City's Zoning Board of Adjustment are variances for fence height and location in the front yard setback. After Hurricane Ike, some residents rebuilt their fences between seven to eight feet high. A few residents requested variances while a few cases are still pending for a decision by the Board. Fence height is recommended to be eight (8) feet high maximum including six-inch rot board. In addition, 8' high perimeter fence, for recorded subdivisions that exceed five (5) acres regardless of the number of subdivision lots, is also proposed. However, maximum height remains eight (8) feet for industrial districts. It is also recommended that fencing be a required element for manufactured housing criteria. However, this will be applicable for future manufactured housing parks. To resolve on-going fence maintenance issues, an enforcement clause is proposed requiring fences be maintained in good condition and be replaced when destroyed. Staff, with guidance from the Planning and Zoning Commission, reviewed possible amendments to the Zoning Ordinance (Chapter 106). After a public hearing at the July 16,2009, meeting, the Planning and Zoning Commission, by unanimous vote, recommended the above amendments to the Zoning Ordinance related to fences. Action Reauired bv Council: 1. Conduct a Public Hearing. 2. Consider Planning and Zoning Commission's recommendation for proposed amendments to the Zoning Ordinance related to fences. Ron Bottoms, City Manager ORDINANCE NO. --3.1 '1 ? AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE III, "DISTRICTS", DNISION 2, "RESIDENTIAL DISTRICT REGULATIONS", SUBDIVISION 1. "GENERALLY", SECTION 106-334, "SPECIAL USE PERFORMANCE STANDARDS; RESIDENTIAL", SUBPARAGRAPH "f', "MANUFACTURED HOUSING CRITERIA (MANUFACTURED HOUSING PARKS ONLY)", BY AMENDING ARTICLE V, "SUPPLEMENTARY DISTRICT REGULATIONS", DNISION 4, "FENCING AND LANDSCAPING REQUIREMENTS"; BY ADDING SECTION 106-789, "FENCE MATERIAL" AND SECTION 106-790, "SUBDIVISION PERIMETER FENCES", AND AMENDING SECTION 106-792, "LARGE LOT RESIDENTIAL LOTS", 106-793, "FENCES IN SIDE AND REAR YARDS", AND SECTION 106-795, "MAINTENANCE OF FENCES ON THE SINGLE-FAMILY DWELLINGS AND MANUFACTURED HOUSING PARKS"; 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 106 of the La Porte Code of Ordinances, "Zoning", Article III, "Districts", Division 2, "Residential District Regulations", Subdivision 1, "Generally", Section 106-334, "Special Use Performance Standards; Residential", subparagraph "f', "Manufactured Housing Criteria (Manufactured Housing Parks Only)", is hereby amended by adding new provision "18", to be added in proper numerical sequence, and to read as follows: "(18) Perimeter Fences Required- Minimum six feet in height, opaque materia1." Section 2. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 3. "Area Requirements" is hereby amended by amending Section 106-774 -106-790 "Reserved", which shall read as follows: "Sees. 106-774 -106-788. Reserved." Section 3. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements," is hereby amended by adding new Section 106-789 "Fence Material", which shall read as follows: "Sec. 106-789. Fence Materials. Allowable fence material shall include wood pickets, chain link, masonry, and wrought iron. Any other materials are subject to approval by the Director of Planning." Section 4. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements," is hereby amended by adding new Section 106-790, "Subdivision Perimeter Fences", which shall read as follows: "Sec. 106-790. Subdivision Perimeter Fences. Subdivision perimeter fences shall be required in recorded subdivisions that exceed five (5) acres. Such perimeter fences shall not exceed eight feet (8') in height. Materials shall be limited to opaque wood fences with brick base and columns and solid brick fences when subdivision backs up to major thoroughfare. The Director of Planning may approve other material that meets the intent of this section." Section 5. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements," Section 106-792 "Large lot residential lots" is hereby amended to read as follows: "Sec. 106-792. Large lot residential lots. In the case of large lot residential lots, eight feet perimeter fences are permitted as an accessory use. In the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, four feet front yard fences are permitted parallel and adjacent to the side lot lines. However, such fences shall be permitted on the front lot line directly adjacent to Galveston Bay, and shall only be constituted of chain link. These exceptions do not permit structures, grading, or barrier hedges." Section 6. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements," Section 106-793 "Fences in side and rear yards" is hereby amended to read as follows: "Sec. 106-793. Fences in side and rear yards. Within side yards and rear yards, fences of not higher than eight feet including six-inch rot boards and walls 42 inches high or less shall be permitted." Section 7. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements," Section 106-795 "Maintenance of fences" is hereby amended to read as follows: "Sec. 106-795. Maintenance of fences. Both sides of the fence must be maintained in good condition by the owner of the fence and grass/ground cover adjoining the fence must be mowed and weeds removed on a regular basis. 2 Subdivision perimeter fences or walls shall be maintained and repaired by the developer, owner, owner's agent, and/or homeowner association or the management company of a subdivision. Maintenance, repair or replacement of wood or masonry fence around manufactured housing parks is the sole responsibility of the owner, its agent, or the management company." Section 8: 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 9: 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 10. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section 11. 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, Texas Local 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 12. 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. 'IIJJ),. PASSED AND APPROVED this the k day Of~ II sf ' 2009. CITY OF LAP E ATTEST: 3 APPROVED: lk / ?1~ Assistant City Attorney 4 -,,- 10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AUl!:ust 24. 2009 ~~. Requested By: Mayor Barry Beasley " ~ Department: City Council Appropriation Source of Funds: Account Number: Report: Resolution: X Ordinance: Amount Budgeted: -- . : frnm ~~ District Amount Requested: Exhibits: Resolution Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION La Porte City Council to approve a resolution nominating Ed Heathcott or another representative to serve as a member of the Board of Directors of Harris County Appraisal District. Date Rr ," · "I, "...-" 0 .' ~ :-,_":t '... .. ~ "Il ~ J;, ;f~ 0 4 2009 CI t , ,:,cCRETARY'S OMDe Harris County Appraisal District Interoffice Memorandum OFFICE OF CHIEF APPRAISER TO: PRESIDING OFFICERS OF TAXING UNITS SERVED BY THE HARRIS COUNTY APPRAISAL DISTRICT FROM: JIM ROBINSON, CHIEF APPRAISER SUBJECT: SELECTION OF APPRAISAL DISTRICT BOARD MEMBERS DATE: AUGUST 3, 2009 Your taxing unit participates in selecting members of the Harris County Appraisal District's board of directors. The board is composed of six members who serve two-year terms, all of which expire December 31, 2009. This memorandum describes the process of selecting directors for the two-year term that begins January I, 20 10. Participating Units The current method of selecting directors was established by resolutions of the county, cities, and school districts participating in the appraisal district in 1981, and modified in 1991 after the law was changed to provide a voting entitlement to conservation and reclamation districts. Sec. 6.031, Tax Code, authorizes an appraisal district to vary both the size and the method of selecting its board members. The six members of the Harris County Appraisal District's board of directors are selected as follows: · One member appointed by the Harris County Commissioners Court. . One member appointed by the Houston City Council. · One member appointed by the board of trustees of the Houston Independent School District. · One member appointed by votes of the city councils of the cities other than Houston. Each city council casts a single vote. The candidate who receives the most votes is elected. · One member appointed by vote of the boards of trustees of the school districts other than Houston Independent School District. Each board casts a single vote. The candidate who receives the most votes is elected. · One member appointed by vote of the governing bodies of those conservation and reclamation districts that levied a property tax in 2009 and also plan to levy in 20 10. Each body casts a single vote. The candidate who receives the most votes is elected. Presiding Officers, August 3, 2009 Page 2 . In the event the county appoints someone other than the county assessor-collector to the board, the county assessor-collector will serve ex officio in a non-voting capacity as a seventh member. Board members whose terms expire December 31,2009, are: · Glenn Peters, Chairman, representing conservation and reclamation districts . Gary Stein, Secretary, representing City of Houston · Toni Trumbull, Member, representing school districts, except Houston ISO · Ed Heathcott, Member, representing cities & towns, except City of Houston . Leo Vasquez, Member, representing Harris County · Lawrence Marshall, Member, representing Houston ISO Eligibility Requirements An individual must satisfy certain residency, employment, and conflict-of-interest requirements to be eligible to serve on the board of directors. Residency: The candidate must be a resident of the Harris County Appraisal District, and must have resided in the district for at least two years immediately preceding the date he or she takes office. The appraisal district's boundaries are the same as those for Harris County. Employment: An employee of a taxing unit served by the appraisal district may not serve, with one exception. An employee may serve if the employee is also a member of the governing body or an elected official of a taxing unit that participates in the district. For example, a member of the governing body of a school district who is also a city employee would be eligible to serve on the appraisal district's board of directors. Elected officials or members of governing bodies who are not employed by taxing units are also eligible to serve on the board. Conflict-of-interest: A candidate may not serve if the candidate is related to a person who is in the business of appraising property or represents property owners for a fee in proceedings in the appraisal district. Relatives barred are those within the second degree by consanguinity (blood) or affinity (marriage). These persons include: spouse; children; brothers and sisters; parents; grandparents; and grandchildren. The spouse's relatives in the same degree are included. A candidate who contracts with the appraisal district for any purpose, or who contracts with a taxing unit served by the district for a property tax related purpose, may not serve. The same rule applies to candidates who have a substantial interest in businesses contracting with the appraisal district (for any purpose) or with the taxing unit (for property tax purposes). A candidate has a substantial interest if the candidate or the candidate's spouse has combined ownership of at least ten percent (l 0%) of the voting stock or shares of the business. A candidate also has a substantial interest if the candidate or the candidate's spouse is a partner, limited partner, or an officer of the business. These prohibitions on contracting continue for the duration of the affected director's term of office. Presiding Officers, August 3, 2009 Page 3 The appraisal district may not employ any person who is related to an appraisal district director within the second degree by affinity or the third degree by consanguinity. The provision applies to existing employees at the time the director takes office and to employees hired during the director's term. Delinquent taxes: Texas law makes a person ineligible to serve as an appraisal district director if he or she has delinquent property taxes owing to any taxing unit 60 days after the person knew or should have known of the delinquency. Selection Procedures The procedures for selecting members of the board of directors for the two-year term beginning on January 1,2010, are as follows: For Cities and Towns Other Than the City of Houston The cities and towns other than the City of Houston appoint one member by majority vote. The process for these cities and towns involves two steps: nomination and election. Nomination Each city and town has the right to nominate a single candidate for the position. To nominate, the governing body must adopt a resolution nominating the candidate by formal action. The presiding officer of the governing body must submit the nominee's name to the chief appraiser of the Harris County Appraisal District no later than Wednesday, October 14,2009. The officer must provide a certified copy of the resolution and may include a cover letter naming the nomInee. Election On October 15, the chief appraiser will prepare a ballot listing the nominees in alphabetical order. The chief appraiser will deliver a copy of the ballot to the mayor of each voting city or town. No later than Tuesday, December 15, 2009, each city council must cast its vote for one of the nominees, formally adopt a resolution naming the person for whom it votes, and submit a certified copy to the chief appraiser. Ballots received by the chief appraiser qfter December J 5 may not be counted. The chief appraiser will count the votes, declare the results, and notify the winner, the nominees, and the presiding officers of each city and town. A tie vote will be resolved by a method of chance chosen by the chief appraiser. Presiding Officers, August 3, 2009 Page 4 For School Districts Other Than the Houston Independent School District Exactly the same procedure described for cities and towns above applies to the selection of the member who represents school districts other than Houston ISO. These school districts must nominate and elect following the deadlines and procedures described above. For Conservation and Reclamation Districts The procedure and timetable for selecting the member who represents the conservation and reclamation districts are the same as that described above for small cities and school districts. Only those conservation and reclamation districts that levied a property tax in 2009 and intend to do so in 2010 may participate. For Harris County, the City of Houston, and the Houston Independent School District By December 7, 2009, the governing body of each of these entities appoints a single person to represent it on the board. Each governing body must formally adopt a resolution naming the person who will serve as a board member and submit it to the chief appraiser at the address shown below: Jim Robinson Chief Appraiser Harris County Appraisal District 13013 Northwest Freeway P. O. Box 920975 Houston, TX 77292-0975 To assist you in this process, I have enclosed a suggested form of resolution for the nomination of a candidate to the board of directors of the Harris County Appraisal District. We invite your questions or comments on the board selection process. Please do not hesitate to call me at (713) 957-5291. With kindest regards, ~ ~~ Jim Robinson Chief Appraiser Attachments c: HCAD Board Members Tax Assessors Attorneys RESOLUTION NO. J 0 [ocr - 0 f) A RESOLUTIOtOF T/ftE CITY COUNCIL OF THE CITY OF "-(t n f fC- , TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT WHEREAS, those cities and towns other than the City of Houston within the Harris County Appraisal District have the right and responsibility to elect one person to the board of directors of the Harris County Appraisal District for a term of office commencing on January I, 2010, and extending through December 31, 2011; and WHEREAS, this governing body desires to exercise its right to nominate a candidate for such position on said board of directors; now, therefore Ci4 If Dr l-tZ Po/-tt f BE IT RESOLVED BY THE CITY COUNCIL OF Section I. That the facts and recitations set forth in the preamble of this resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2. That itb ~ea-thco+r (name). fD. 60< "/:i()q(') t1{)(,t~~ '! 'If:R:2. tit Ie' (address, z.ip code, and phone lllllnber), be, and he or she is hereby, noml ated as a candidate for that position on the board of directors of the Harns County Appraisal District to be filled by those cities and towns other than the City of Houston within the Harris County Appraisal District for a two-year term of office commencing on January I, 2010. Section 3. That the presiding officer of the governing body of this taxing unit be, and he or she is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the chief appraiser of the Harris County Appraisal District no later than October 14,2009. PASSED AND APPROVED thiJrJ:llctay of ,2009. Mayor ATTEST: \"-1hagfi~rJi(a City Secretary ,,~ 11 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested August 24, 2009 Requested By Mayor Beasley Department: Ha)'Qr lUI.Q City CQURcil Report: Resolution: Ordinance: x Exhibits: Exhibits: Exhibits: Ordinance Roster (at your seats due to confidential info.) Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Council needs to discuss a replacement for the vacant position on the La Porte Development Corporation. r 'nance appointment members on various Boards, Commissions and Committees as recommended, ORDINANCE NO. 3174 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: 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, (three (3) year term) 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 2012 Position 4. - Tucker Grant 2012 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 Animal Shelter Advisory Committee, without term, or until their successors shall have been duly appointed and qualified: Veterinarian - Donna Medford, DVM No Term Rabies Control Authority - Ken Adcox No Term Animal Control Officer - Clarence Anderson No Term Animal Welfare Rep. - Dana Dicker No Term City Council At-large Pos. A - Georgia Malone No Term Section 3. The City Council of the City of La Porte hereby makes the following appointments to the Bay Area Houston Convention and Visitors Bureau, without term, until their successors shall have been duly appointed and qualified: City Representative 1 - Debbie Westbeld - Appointed 3/2009 City Representative 2 - Stacy Osborne - Appointed 6/2009 Hospitality Industry Professional - Joe Bertuglia - Appointed 2/2008 Section 4. The City Council of the City of La Porte hereby makes the following appointments to the Bay Area Houston Economic Development Representatives, without term, until their successors shall have been duly appointed and qualified: Date Appointed Member - Debbie Westbeld - Appointed 1/2009 Member - Mike Mosteit - Appointed 10/2004 Section 5. 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, (two (2) year term)- 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 2011 Position 2 Dave Turnquist 2010 Position 3 Alton Porter 2011 Position 4 Horace Leopard 2010 Position 5 Doug Martin 2011 Position 6 J.J. Meza 2010 Position 8 Chester Pool 2010 2 The City Council of the City of La Porte hereby ratifies the Mayor's appointment of Chairman Lindsey R. Pfeiffer as Chairman of the City of La Porte Tax Increment Reinvestment Zone Number One. 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 Position 9 Lloyd Graham (LPISD) Lindsay Pfeiffer(Harris Co.) Reappointment Chairman 7/27/09 2009 2009 Section 6. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are resident electors of the City of La Porte or non-resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility account for such business, and each of whom the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to building construction, and none of whom are employed by the City of La Porte, to serve as members of the Building Codes Appeals Board (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Tom Campbell 2010 Position 2 Terry Bunch 2010 Position 3 Paul Larson 2012 Position 4 Ron Holt 2012 3 Position 5 Position 6 Position 7 Ken Schlather Michael Reedy Mark Follis 2011 2011 2011 Section 7. 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 - Aaron Corrales No Term Employee Participant - Matt Daeumer 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 Martha Gillett 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; 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. 4 Section 8. The City Council hereby makes the following appointments to the Census Count Committee, without term, or until their successors shall have been duly appointment and qualified: Member - Charlie Perry - No Term Member - Vicki Campise - No Term Member - Herman Berges - No Term Member - T.J. Walker - No Term Member - Earl Ehlers - No Term Member - Jeanne Zemanek - No Term Member - Sherry Lowe - No Term Member - Sarah Lindeen - No Term Member - Manley Boudreaux - No Term Member - Ernest Escobar - No Term Member - Mike Cooks ley - No Term Member - Lou Ann Martin - No Term Member - Don Hill - No Term Member - Paula Swearingen - No Term Member - Marie Meehan - No Term Member - Susan Robinson - No Term Member - Jesse Garcia - No Term Member - Betty Moore - No Term Member - Henry Newsome - No Term Member - Joe Lopez - No Term Ex Officio Member - Ken Bays - City of Morgan's Point Ex Officio Member - David Stall - City of Shoreacres 5 Section 9. The City Council hereby ratifies and confirms the appointment by the City Manager of Civil Service Commission Members of the City of La Porte, (three (3) year term) - for terms expiring of the year indicated, or until their successor shall have been duly appointed and qualified: Chairman - Keith Trainer - 8/31/2012 Vice Chairman - Les Bird - 8/31/2011 Member - Michael Garcia - 8/31/2010 Section 10. The City Council of the City of La Porte hereby makes the following appointments to the Drainage and Flooding Committee, without term, or until their successors shall have been duly appointed and qualified: Chairman Mike Mosteit No Term Vice Chairman Mike Clausen No Term Member Chuck Engelken No Term Member Louis Rigby No Term Daryl Leonard - Alternate No Term Section 11: 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, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: District 1 Jack Oliphant 2011 District 2 Jeff Brown 2012 District 3 Woodrow Sebesta 2012 District 4 Floyd Craft 2012 District 5 Jim Bridge 2012 6 District 6 Lester Clark 2011 At Large-A Bryan Moore 2012 At Large-B Paul Vige 2011 Mayor Lynn Green 2012 Section 12. 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 13. 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 - Georgia Malone 2009 Alternate Member 1 2008 Alternate Member 1 - Tommy Moser 2009 Alternate Member 2 2004 Alternate Member 2 - Daryl Leonard 2009 Section 14. The City Council of the City of La Porte hereby makes the following appointments to the Harris County Appraisal District Representative, without term, or until their successors shall have been duly appointed and qualified: Membe r - Ed Heathcott 12/31/2009 7 Section 15. The City Council of the City of La Porte hereby makes the following appointments to the Houston Galveston Areas Council Representatives, without term, or until their successors shall have been duly appointed and qualified: Representative Chuck Engelken No Term Alternate Representative Louis Rigby No Term Section 16. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Area Water Authority, (two (2) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Robert Roy 2011 Position 2 Dennis H. Steger 2011 Position 3 Steve Valarius 2011 Position 4 David Janda 2010 Position 5 Ken Schlather 2010 Section 17. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are residents of the City of La Porte, and no more than four of whom are elected ci ty officials or city employees, to serve as directors of the City of La Porte Development Corporation without compensation, but wi th reimbursement for actual expenses, (two (2) year term) for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chuck Engelken 2011 Mike Clausen 2010 Tommy Moser 2011 8 Bob Pizzitola 2010 Randy Woodard 2011 Pat Muston-(President) 2010 Richard Warren 2011 Section 18. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Health Authority, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Health Authority Abdul R. Moosa, M.D. 2011 Alternate Robert D. Johnston, M.D. 2011 Medical Advisor/EMS Oscar Boultinghouse Contract Section 19. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Redevelopment Authority, (two (2) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified. In addition the Council ratifies the Mayor's appointment of Lindsay R. Pfeiffer as Chairman: Position 1 Peggy Antone 2011 Position 2 Dave Turnquist 2010 Position 3 Alton Porter 2011 Position 4 Horace Leopard 2010 Position 5 Douglas Martin 2011 Position 6 J.J. Meza 2010 Position 7 L.P.I.S.D. Rep 2009 Position 8 Chester Pool 2010 Position 9 Lindsay R. Pfeiffer, Chairman 2009 9 Reappointed Chairman, 7/27/2009 Section 20. 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, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1- Edward Matuszak, Chairman 2011 Position 2- Margaret Anderson 2011 Position 3- Bill Manning, Jr. 2011 Position 4- Jason Leopard 2012 Position 5- Rebecca Jones Jurtshuk 2012 Position 6- Mark Follis 2012 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 10 Section 21. The City Council of the City of La Porte hereby makes the following appointments to the City of La Porte Planning and Zoning Commission, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chairman Hall Lawler 2012 District 1 Doretta Finch 2011 District 2 Richard Warren 2012 District 3 Kirby Linscombe, Jr. 2012 District 4 Dottie Kaminiski 2010 District 5 Paul Berner 2010 District 6 Les Bird 2011 Alternate 1 David Janda 2010 Alternate 2 Lou Ann Martin 2011 Section 22. 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 Lou Ann Martin 2012 Section 23. 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 T. J. Walker 2011 2011 11 position 3 Rod Rothermel 2011 position 4 Charles Schoppe 2011 Position 5 George W. Maltsberger 2011 Alternate 1 Lawrence McNeal 2010 Alternate 2 Gilbert Montemayor 2010 The City Council of the City of La Porte hereby designates George W. Maltsberger, of position 5, to serve as Chairman of the zoning Board of Adjustment until the expiration of the member's term of appointment as designated in this section, or until their successor shall have been duly appointed and qualified. Section 24. 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 25. All ordinances or conflict herewith are repealed to the parts of ordinances in extent of such conflict only. Section 26. The City Council officially finds, determines, reci tes, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of 12 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 27. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this:l~ay Oft~ 2009. By: ATTEST: ~ad/tt- () q4z1 Martha A. Gillett City Secretary APPROVED: 13 ,/I ~ )>/~( -7- , ... ~ C9:ark T. Askins Assistant city Attorney 14 13/14 A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AUl!ust 24. 2009 Budl!et Requested By: .'pIT Sllgg~ Source of Funds: Department: OEM Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Presentation Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION This is an update for City Council explaining what we do before, during and after and hurricane. This simple presentation will allow Council a look into the city delineation plan and how we go about preparing, responding to and the recovery effort from a hurricane. B ~'1 ~'1 Date B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AUl!ust 24. 2009 Appropriation Requested By: nOnlllrt T .1Irlrl Source of Funds: N/A Department: Firll Account Number: Amount Budgeted: Report: X Resolution: Ordinance: Amount Requested: Exhibits: Presentation Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION Fire Department will make presentation to Council regarding high water capabilities. ~ !b~ -c 0 0 - L.L. V1 +-' 0) C -- +-' 0) -- - I E -- ..c I +-' ro I !l.... 0- I ro ro 0- U 0) 0 0) V1 0) C !l.... 0 -- L.L. 0- 0) V1 0) +-' !l.... 0::: 0 a.. ,..,,,i/'..';"',;, ro --.J C) o - u.. .hJ c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested August 24, 2009 Requested By Mayor Barry Beasl~ Appropriation Source of Funds: nfa Department: Maygr aDd City CgUDI:i1 Account Number: Report X Resolution: Ordinance: Amount Budgeted: Exhibits: Amount Requested: Exhibits: Budgeted Item: YES NO SUMMARY & RECOMMENDATION During Boards and Commissions discussion early this year, a conflict of interest statement was suggested to be included in the board/commission application. The following statement is recommended: "I hereby attest that 1 do not own or control any entity, nor am 1 engaged in any business transaction, nor employed, nor belong to any public office, nor am 1 a member of any board or commission where such activity or membership would present a conflict of interest to my serving on the board or commission for which 1 am appointed. For such purposes 1 am also aware that 1 may be required to file a conflict of interest statement or questionnaire, under Chapter 171 and 176 of the Texas Local Government Code, as applicable, when and if circumstances require." Action ReQuired bv Council: Discuss item in workshop session and provide staff with direction. ~'1 hl? D Requested By: RE UE T FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Budl!et Sou,'ce of Funds: Department: Admiuistration Accouut Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION As part of the 2009-20 I 0 proposed budget I included the initiation of a drainage maintenance fee of $2 per water bill per month, which would generate roughly $275,000 per year, for funding specifically for drainage maintenance activities. My understanding from the budget presentation was that Council is in favor of moving forward with this fee. To that end, I would like to revisit this issue Monday night and begin the public education process, as well as ,my specific direction the Council may wish to impart. Action Required bv Council: Provide direction to staff on the implementation of a drainage maintenance fee. ~/{~t~ Date