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Home My WebLink About2009-09-14 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council ~ 5 A -" MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL SEPTEMBER 14, 2009 1. Call to order The meeting was called to order by Mayor Beasley at 6:03 p.m. Members of City Council Present: Mayor Barry Beasley, Mayor Pro-Tem Georgia Malone, Councilmember Louis Rigby, Tommy Moser, Daryl Leonard, Chuck Engelken, Mike Clausen and Mike Mosteit Members of Council absent: John Black Members of City Executive Staff and City Employees Present: City Manager's Office: John Joerns and Melisa Lanclos Legal: Clark Askins City Secretary's Office: Martha Gillett Public Works: Steve Gillett Planning: Tim Tietjens, Masood Malik and Debbie Wilmore GIS: Isaac Rodriquez Police Department: Ken Adcox and Gary Chastain Finance: Michael Dolby EMS: Ray Nolen Parks and Recreation: Stephen Barr Human Resources: Heather Weger Others Present: Adam Yanelli of Bayshore Sun, Dottie Kaminski, Mr. and Mrs. Joe Smith, Mr. and Mrs. Ted Powell, Phillip Hoot, Kathryn Aguilar, Ann Hayes, Dave Turnquist, Chester Pool, Father Gary Rickles, Rusty Smith, Mr. and Mrs. Belgaeu and other citizens. 2. Invocation was given by Father Gary Rickles of St. Mary's Catholic Church. 3. Councilmember Tommy Moser led the Pledge of Allegiance. 4. Presentations/Proclamations There were none. 5. Consent agenda - Any item may be removed by a Councilperson for discussion A. Council to consider approval or other action of minutes of Regular Meeting, Public Hearing and Workshop Meeting for the La Porte City Council held on August 24, 2009 - M. Gillett Minutes of Regular Meeting, Public Hearing and Workshop Meeting September 14, 2009 Page 2 B. Council to consider approval or other action regarding an ordinance amending the City of La Porte 2008-2009 Fiscal Year Budget (Ord. 3175) - M. Dolby C. Council to consider approval or other action regarding an ordinance amending Chapter 70 "Transportation", of the Code of Ordinances of the City of La Porte to change school zone hours for Cedarmont, Myrtle Creek, and Carlow Streets; to add thirty-five mile per hour speed limit to portion of Canada Road; and to add forty-five mile per hour speed limit to Bay Area Blvd., and portion of Canada Road. (Ord. 3176) - S. Gillett D. Council to consider approval or other action authorizing the City Manager to execute a contract with Randall-Porterfield Architects, Inc. for demolition and re- design of the Sylvan Beach Fishing Pier. - S. Barr E. Council to consider approval or other action authorizing the City Manager to execute Agreement Letters between La Porte EMS and companies located within the Battleground Industrial District for emergency medical services. (Ord. 3177) - R. Nolen Motion was made by Councilmember Engelken to approve the consent agenda as presented. A second was made by Mayor Pro Tem Malone. Motion carried. Ayes: Moser, Malone, Leonard, Engelken, Mosteit, Clausen, Rigby and Beasley Nays: None Abstain: None Absent: Black 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Ted Powell- Sylvan Beach Pavilion Mr. Powell encouraged the City Council to accept the recent proposal the City received from an individual who wants to take over the Sylvan Beach Pavilion operation. Kathryn Aguilar - Ms. Aguilar also encouraged Council to accept the recent proposal received from an individual who wants to take over the operation of the Sylvan Beach Pavilion. 7. Public Hearing - Council to discuss recommendation of Planning and Zoning Commission for passage of an ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte regarding allowable concentration of domestic livestock on large lots (Ord. 3178) - T. Tietjens Open Public Hearing - Mayor Beasley opened the Public Hearing at 6:12 p.m. , Minutes of Regular Meeting, Public Hearing and Workshop Meeting September 14, 2009 Page 3 Planning Director Tim Tietjens presented summary and recommendation and answered Councils' questions. Public input: None Recommendation of Planning and Zoning Commission - the Planning and Zoning Commission approved this recommendation by unanimous vote. Mayor Beasley closed the Public Hearing at 6:20 p.m. 8. Council to consider approval or other action regarding recommendation of Planning and Zoning Commission for passage of an ordinance amending Chapter 106 "Zoning" of the Coe of Ordinances of the City of La Porte regarding allowable concentration of domestic livestock on large lots (Ord. 3178) - T. Tietjens Mayor Pro - Tem Georgia Malone read Ordinance 3178, AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE I, IN GENERAL, SECTION 106-1, DEFINITIONS, ARTICLE V, SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 2, ACCESSORY BUILDINGS, USES, AND EQUIPMENT, SECTION 106-742, DOMESTIC LIVESTOCK WITH REGARDS TO REGULATING THE KEEPING OF ANIMALS WITHIN THE CITY OF LA PORTE, LARGE LOT (LL) DISTRICT; 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. Motion was made by Councilmember Leonard to approve Ordinance 3178 as presented by Mr. Tietjens. A second was made by Mayor Pro Tem Malone. Motion carried. Ayes: Moser, Malone, Leonard, Engelken, Mosteit, Clausen, Rigby and Beasley Nays: None Abstain: None Absent: Black 9. Council to consider approval or other action regarding adoption of a conflict of interest statement to be include in the application form for city boards and commissions applicants - M. Gillett City Secretary Martha Gillett presented summary and recommendation and answered Councils' questions. Motion was made by Councilmember Engelken to approve adoption of a conflict of interest statement to be included in the application form for city boards and commissions Minutes of Regular Meeting, Public Hearing and Workshop Meeting September 14, 2009 Page 4 applicants as presented by Ms. Gillett. A second was made by Councilmember Clausen. Motion carried. Ayes: Moser, Malone, Leonard, Engelken, Mosteit, Clausen, Rigby and Beasley Nays: None Abstain: None Absent: Black 10. Council to consider approval or other action authorizing the City Manager to execute an agreement with Klotz Associates to perform a Preliminary Engineering Report for the Fleetwood Drive Street and Drainage Project. - S. Gillett Public Works Director Steve Gillett presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Clausen to approve the execution of an agreement with Klotz Associates to perform a Preliminary Engineering Report for the Fleetwood Drive Street and Drainage Project as presented by Mr. Gillett. A second was made by Councilmember Mosteit. Motion carried. Ayes: Moser, Malone, Leonard, Engelken, Mosteit, Clausen and Rigby Nays: None Abstain: Mayor Beasley Absent: Black 11. Receive Drainage Report from Staff - S. Gillett Public Works Director Steve Gillett presented the monthly Drainage Report. City Council complimented Staff for all their efforts and work on the Drainage Project 12. Close Regular Meeting and Open Workshop Meeting A. Discuss permit waivers, permit fee waivers, and the use of code enforcement action to achieve home/ roof repairs - D. Wilmore Chief Building Official Debbie Wilmore provided City Council with an overview of IKE related permit waivers, permit fee waivers, and the uses of code enforcement action to achieve home/roof repairs. Council directed staff to stop the waiver of fence/roof permits and begin requiring permits and inspections but waive the permit fees. Continue the waiver of other permit fees for IKE related repairs. Continue to allow blue roofs to remain in place as long as they remain properly installed and in good condition. Minutes of Regular Meeting, Public Hearing and Workshop Meeting September 14, 2009 Page 5 In addition, if people need financial assistance council would like staff to provide citizens with a document that identifies charitable organizations that may offer assistance. Lastly, council directed staff to bring this back to a future council meeting for discussion and update in three months. B. Discuss alarm permits fee increase - K. Adcox Police Chief Kenith Adcox provided City Council with an overview of the plan to increase alarm permit fees. Council directed staff to pursue this in the future and give the public ample notification. Council noted they did not feel the public had enough notice in advance that they would be receiving a fee increase in addition to not having enough time to properly study and act on this item if it had to be in place by October 1,2009. Council directed staff to determine if fees could be temporarily waived until such time another option could be worked out to implement this program later in the year. In addition, council directed staff to further focus on improving the alarm system as it currently exists and determine if the recommended program could be implemented at a future date with other options. Council informed staff this item was given to them without enough notice to make a decision by October 1,2009. 13. Close Workshop Meeting and reconvene Regular Meeting Mayor Beasley Closed Workshop Meeting and reconvened Regular Meeting at 8:25 p.m. 14. Assistant City Manager John Joerns provided Administrative Reports for the following: September 16, 2009 - Baytran Monthly Luncheon - Cullen's - 11 :30 a.m. September 16, 2009 - Salute to Industry Golf Tournament - Bay Forest Golf Course September 17, 2009 - Salute to Industry Banquet - Monument Inn - 6:30 p.m. September 17, 2009 - Harris County Mayor & Council Dinner - Vargo's - 6:30 p.m. September 19, 2009 - Community Health & Safety Fair - La Porte Junior High - 9:00 a.m. September 21, 2009 - Drainage Committee Meeting - 5:00 p.m. Minutes of Regular Meeting, Public Hearing and Workshop Meeting September 14, 2009 Page 6 September 21, 2009 - Special Called City Council Meeting - 6:00 p.m. September 23, 2009 - Clark Condon Presentation - Council Chambers - 3:00 p.m. September 28, 2009 - City Council Meeting - 6:00 p.m. 15. Council Comments: Moser, Malone, Leonard, Engelken, Mosteit, Clausen, Rigby 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 or existing policy Councilmember Malone noted the Clark Condon Meeting for the public is at 6:00 p.m. 16. Executive Session - pursuant to provision of the Open Meeting Law, Chapter 551, Texas Government Code, Sections 551.071 through 551.076, 551.087 (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) 17. Considerations and possible action on items considered in Executive Session. There was no Executive Session and no action taken. 18. Adjournment Being no further business, the meeting was duly adjourned at 8:30 p.m. Respectfully submitted, lfr;t1dkAuM Martha Gillett, TRMC, CMC City Secretary B --------,---'---- ._-_.-_....,...-.~._- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 21. 2009 Appropriation Requested By: Ron Bottoms Source of Funds: Department: City Manal!er's Office Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Amount Requested: Exhibits: Ordinance Exhibits: Industrial District Al!reement Budgeted Item: (YES) NO Exhibits: SUMMARY & RECOMMENDATION This property has an existing contract that is expiring on December 31, 2009. This property was de-annexed in 1998 to allow this property to qualify for an Industrial Contract. This current contract would be effective from January I, 20 I 0 and expire on December 3 I, 2019 so that all the Industrial District Contracts are on the same calendar. Staff recommends City Council authorize the execution of Industrial District Agreement with the following industry: . Ordinance No. 2009-IDA-116 Bayshore Industrial L.P. Action ReQuired bv Council: Consider approval of the ordinance 2009-IDA-116 authorizing the execution by the City of La Porte of Industrial District Agreement listed above. ~ ~ Irfi Ron Bottoms, City Manager Date ORDINANCE NO. 2009-IDA-116 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYSHORE INDUSTRIAL L.P., TEXAS CORPORATION FOR THE TERM COMMENCING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Bayshore Industrial, L.P. (formally known as Bayshore Industrial, Inc.), a Texas Corporation has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2010, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 1 PASSED and APPROVED, this 21st day of September 2009. CITY OF LA PORTE ATTEST: I' APPROVED: 2 7/8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 21. 2009 Aoorooriation Requested By: Michael Dolby, CPA Source of Funds: N/A Department: Finance Account Number: N/A Report: Resolution: Ordinance: Amount Budgeted: Nt A Exhibits: Notice of Public Hearing Amount Requested: IS 1<\ Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION In accordance with Article IV, Section 4.03 of the City's Charter, Council shall determine the place and time of the Public Hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven (7) days after date of publication, at which council will hold a Public Hearing on the proposed budget. On July 2ih, Council approved that a Public Hearing for the Fiscal Year 2009-2010 Proposed Budget be held on Monday, September 21, 2009, at the regularly scheduled Council meeting, which begins at 6:00 p.m. Action Reauired bv Council: Conduct the Public Hearing on the City's FY 2009-2010 Proposed Budget. A 9/;t./o r Date { ( I I I I I I I I J I I I I' I I i I I J I [' i I I ' I I: I , I I : ) I ; j I I I i I. ....... Page 8 · SECTION B · WEDNESDAY, SEPTEMBER 9,2009 CLASSIFIEDS 281-471-1234 Word Ads. 20 words or less: Wed. Only. $7.50 · Sun. Only. $6.20 Wed. & Sun. . $13.70 .10~ ror each additional word Classifieds deadline: Wednesday paper - 10 a.m. Tuesday Sunday paper - 10 a.m. Friday. , PUBliC NOTICES niE STATE OF TEXAS l COUNTY OF HARRIS 1 CITY OF LA PORTE) NOTICE OF PUBLIC HEARING Notice Is hereby gJven (hal tha City Council of the City of La Porte witi hold a Public Healing on lhe 21st day 0' Sopfem. ber 2oo9, In Ule Coul\cll Cham bars 0' !ha City Hall, 604 West Fairmont Parkway, La Porte, Texas, beginning at 6:00 P.M. The PUIpOSIl 01 this healing Is 10 provide citI- zens tho opporlUnllv 10 comment on the overel' budge!. This budget will raIse more lolal pro perl)' laxes than lasl year's budget by $426,065.00, or 3.2%, and of Ihal amounl $439,877. 72 Is lax revenue to be raised Irom new properly added 10 Ihe tax roll Ihls year, The City of La PoliO, mus~ by Challer requIre- ment, adopt lIs fISCal budgat by September SO, 2009. Wilhln thirty deys thereafter, c<lpies of lhe adoplad budget \\ill be ava~abla lor public In- spection and copying at the offica of the City Sec. Ietary, Cily Han, 604 Wesl Falrmont Parkway, la Porte, Texas, end the La Poria Community U- bralY, 600 Soulh Broad- way. La Porle, TeKas, during normal busIneSS hoIIrs, niE STATE QF TEXAS) COUNTY' OF HARRIS) .....l~_,..............,.....,.-___ TURED HOUSING CRI- TERIA (MANUFAC- TURED HOUSING PARKS ONLY)' ", BY AMENDING ARTICLE V, "SUPPLEMENTARY DISTRICT REGULA: TrONS, DIVISION 4, "FENCING AND LAND- SCAPING REQUIRE- MENTS"; BY ADDING SECTION 106-'789, "FENCE MATERIAL " SECTION - 106-790, "SUBDlVISON PERIME- TER FENCES", AND AMENDING SECTION 1 06-792, "LARGE LOT RESIDENTIAL LOTS., 106-79J, "FENCES IN SIDE AND REAR YARDS", AND SECTION 108-795, "MAINTE. NANCE OF FENCES ON TIlE SINGLE .FAMILY DWELUNGS AND MANUFACTURED HOUSING PARKS", PROVIDING A REPEAL- ING CLAUSE; CON- TAINING A SEVERABIL- ,ITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VlOLAT. ING THE TERMS OF TIllS ORDINANCE SHALL DEEM EO GUILTY OF A ItlISDE- MEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEEO TWO THOUSAND DOLLARS; PROVIDING FOR THE PUSLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. TEXAS COMMISSION ON ENVIRONMENTAL OUALlTY NOTICE OF RECEIPT OF APPLICATION AND INTEtrrTO OBTAIN AIR PERMIT commenls or ask ques- tions aboul Ihe appllca- lion. A pUbfic meetlng aboul Ihe application will be held I( the executive direclor delermlnes !hat !here Is a slgnlrJcant de. gree of public lnleresl In !he apptication or iI re- quested by a local leglsla. lor. A pubnc meeting Is nol a contesled Ci1se hearing. II only commenls ere ra. ceived on the OWlication. the response 10 com. menls, along \\ith notice 01 tha executive directors action on lOe app~allon. will be ma lied 10 everyone who submltted commants or Is on the mailing Ilst 101 (his applIcation. It a hearing requesl Is Vmety med, !he executive direclor will complele the lechnlcal review, Issue a prelim/na'Y decision on the eppllcation, lUld a No- tice 01 AppllcaC10n and PrelimInary Decision will be published end mailed (0 those who are on !he meiling Iis( for !his appli. cation. Thai nolice wm contaln the - nnal deadline fOI submllUng publiC com. ments. Aller lhe final deedllne fOT public cumments (ollowlng any required Notice 01 Appllcal10n and prelimInary Decl. slon, Ihe eKecul1ve dl. reclor wlU consIder Ihe commenls and prepare e response to all rele. vanl and malerlal, or slgnificanl public com- menls. If commenls are receIved, \he response 10 comments, along wilh Ihe eKeC\ltlve di- rector's decisIon on Ihe apptlcallon, will then be mailed 10 eve'Yone who 6ubmllled publlo com. ........-..... ..... 1_ __ _ __tlf__ Free Non- ( For Sale Items listed in Fret limited to 20 words, " PLA( . 'THE'SA .. {' proposed adluslmenls 10 Iha appllcatlorv'per- mil which Would satisfy ~ your concerns. II a hearing raquesl is timely med, addinonal no- tlc9 may be provided, Following the close of aU applicable commenl and requesl periods. !he ex- ecutive director \\ill for- A ward Ihe appllcallon and . any requeslS for con- I lesled case hearing 10 Ihe TCEQ CommissIoners for Ihelr consideralion al a scheduled Commission meeting. If a hearIng Is granted, the Subject of a hearing wl,1I be limited 10 dIsputed Issues 01 facl relallng to relevant and malerlal elr quality concerns raIsed during the commenl period. is- sues such as properly values. noise, lra!fio safely, lUld loping are outside of the Commis. slon's jurisdiction 10 ed. dress In (his proceeding. ~ 1'1 MAILING UST In addi. llon 10 submItting public commenls, you may ask 10 be placed on e mailing list to receive luturo pubrlC notices lor Ihis specmc applicetion maUed by the Olffce of the Chlal Clerk by sending a wrillen re. quest 10 the TCEQ Ol11ce of the Chief Clerk at the address below. INFORMATION Wrillen public comnlenls or re- quests for a publJo mee~ Ing or conlesled case hearing should be submit- ted to Ihe Texas Commis- sion on Environmenlal Quality. OffICe of the Chicl Clerk, MC-IOS, P.O. Bex 130B7, Austin, Texas 76711.3087. or eleclton lea Ily al www.lceq.slate.tx.us/abo UVcomments.hlml. For Agenda Date Requested: September 21,2009 REQUEST FOR CITY COUNCIL AGENDA ITEM Annronriation Requested By: Michael Dolby. CPA Source of Funds: Nt A Account Number: NtA Department: Finance Report: Resolution: Ordinance: xx Amount Budgeted: NtA Exhibits: Copy of Public Hearing Notice Budgeted Item: YES Amount Requested: NtA NO Exhibits: Ordinance Exhibits: SUMMARY & RECOMMENDATION The City Council held budget workshops on August 10 through August 11,2009 to discuss proposed budgets for the fiscal year beginning October 1,2009 and ending September 30,2010. The Summary of Funds, which is shown below, represents the result of the workshops held with City Council. changes made by Council were incorporated into the various budgets. Revised 2009 $ 37,297,396 5,286,582 1,08 1,796 828,3 I 7 442, II I 4,063,42 I 1,856,576 8,954, I 53 95,914 20,223 881,939 1,282,476 3,029,404 4,164,191 1,250,073 16,996,8 I 5 1,002,720 348,32 I o 1,160,704 186,255 41,956 1,082, I 76 199,040 284,644 2,100,859 1,190,945 3,879,223 o o 3,345,768 463,850 750,069 $103,567,917 General Fund Grant Fund Street Maintenance Sales Tax Fund Community Investment HoteVMotel Occupancy Tax La Porte Development Corporation Tax Increment Reinvestment Zone Utility Sylvan Beach Airport La Porte Area Water Authority Golf Course Motor Pool Insurance Fund Technology Fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement Drainage Improvement Fund 1998 General Obligation Bond Fund 2000 General Obligation Bond Fund 2002 General Obligation Bond Fund 2004 Certificates of Obligation Bond Fund 2005 Certificates of Obligation Bond Fund 2005 General Obligation Bond Fund 2006 Certificates of Obligation Bond Fund 2006 General Obligation Bond Fund 2007 Certificates of Obligation Bond Fund 2009 Certificates of Obligation Bond Fund Transportation & Other Infrastructure Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service Total of All Funds There is no change in the Tax Rate, which has remained constant for the last twenty years. All Proposed 2010 $ 32,894,465 2,160,353 700,000 344,700 977,522 1,910,464 1,413,966 7,740,176 3,500 22,368 974,545 1,360,393 1,969,367 4,497,908 1,184,405 2,255,100 105,000 350,000 169,000 o o o 376,570 256,503 16,219 966,497 o 1,125,492 9,600,000 504,000 4,076,755 326,314 740,456 $79,022,038 Action Reauired bv Council: Conduct Public Hearing Adopt Ordinance approving Fiscal Year 2009-10 Proposed Budget. Date ~~/or ORDINANCE NO. 09- 3/19 AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1,2009 THROUGH SEPTEMBER 30,2010; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2009, through September 30, 2010, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 24, 2009, and a public hearing scheduled for September 21, 2009 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and incorporated hereto by reference, is hereby adopted as the Budget for the said City of La Porte, Texas, for the period of October 1 , 2009, through September 30, 2010. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 21st day of September, 2009. ATTEST: ~~J~ Marth Gillett, City Secretary A~ Yr1~ Clark 1. Askins, Assistant City Attorney I I I I I I I I I I I' I j I I. i I I I I I r ; i . I I: i I I I I I. I Page 8 · SECTION B · WEDNESDAY. SEPTEMBER 9, 2009 CLASSIFIEDS 281~471.1234 Word Ads. 20 words or less: Wed. Only. $7.50 · Sun. Only. $6.20 Wed. & Sun. . $13.70 .10~ for each addlllonal word Classifieds deadline: Wednesday paper - J 0 a.m. Tuesdny Sunday paper - 10 a.m. Friday. , PUBliC NOTICES THE STATE or: TEXAS I COUNTY OF HARRIS 1 Cm' OF LA PORTE) NOTICE OF PUBLIC HeARING ,Notice [s hereby given Ihal the City Council of \he City 01 La Porle WiU held a Public Hearing on the 21s1 day 01 Soplem- ber 2oo9, In Il1e CouneJJ Cham bers of lh e City HaU. 604 West Fairmonl Parkway, La Polle, Texas. begin nin g el 6:00 P.M. The purpose of (his hearing /s to provide cll~ zens the opporlllnlty 10 comment on the overell budget. ThIs budget will raise more tolal properly laxes Ihan lasl year's budget by $426,065.00, or 3.2%, and oi thai amounl $439,677. 72 Is lax revenue to be raised Irom new properly added to Ihe lax roll Ihls year. The City of La Porlo, must, by Charier require. ment, adopt Ks fIScal budgel by Seplember 30, 2009. Within thlrly days Iherealler. ~pies of Ihe adopted budget v.lU be ava~able lor public In- spection and copying al lha oWca of the City Sec. relary, City HaD, 604 We.sl Falrmont Parkway. La Porle, Texas, and the La Poria Community U. brary. 600 Soulh Broad. way, La Porle, TeKes. during normal busIness hours. THE STATE QF TEXAS) COUNTY OF HARRIS} ,...\TV _r 1 " n"............_ TURED HOUSING CRI- TEAlA (MANUFAC. TURED HOUSING PARKS ONLY)' ", BY AMENDING ARTICLE V, "SUPPLEMENTARY DISTRICT REGULA: TIOtlS, DIVISION 4, "FENCINO AND LAND- SCAPING REQUIRE. MEtlTS"; BY ADDING SECTION \06-'7119, "FENCE MATERIAL .. SECTION 10HaO, "SUBDIVISON PERIME- TER FENCES", ANO AMENDING SECTION 106-192, "LARGE LOT RESIDENTIAL LOTS", 106.193, "FENCES IN SIDE AND REAR YAROS", AND SECTION 106-795, "MAINTE. NANCE OF FENCES ON THE SINOLE .FAMILY DWELLINGS AND MANUFACTURED HOUSINO PARKS", PROVIDING A REPEAL- ING CLAUSE; CON- TAINING A SEVERABIL- .frY CLAUSE; FINDING COMPLIANCE wlm THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLAT- ING THE TERMS OF THIS ORDINANCE SHALL DEEMED GUILTY OF A MISDE- MEANOR AND 'UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOr:; AND PROVIDING AN EFFECTIVE DATE HEREOF. TEXAS COMMISSION ON ENVIRONMENTAL OUAlITY NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN AIR PERMIT comments or ask ques. tions aboul the app/lea. lion. A public meellng about lhe applicaUon win be held If the executive direclor detelmlnes that there 15 a slgnWcant de. lllee 01 public Interest \n the applicaUon 01 il rir quested by a local IeglsJe- lor. A pubno meeting 15 ...01 a contested (:I\se hearing. II only comments era reo ceived Oil 1M IlWlicalioil. the response to com. menls, along with ilolice 01 the eXel:lIlive dileclots aclloil Oil lI\e applicallon. v.ill be mailed 10 everyone who submllled comments or Is on the maillng Ils1 101 IlIIs appllcaUon. ' If a hearing requesl Is timely mad, the execulive direclor will complele lt18 technical review, Issue a prelim/nary decision on the eppllcation, and a N~ lice 01 Application eild Preliminary DecisIon will be published and mailed to Ihose who are on the mailing ijsl for this eppli- cation. ThaI notice wnl contaJn the' nnat deadlIne 101 submlWng pub~c com. ments. After Ihe II...al deadline lor public commenlS lollowlng any required Notice 01 AppUcalion and pre"mln~rv Oecl. slon, the eKecullve di. reclor will consIder lhe comments and prepare a response to aU rele. vant and malerlal, or sIgnificant pUblic com- ments. If comments ere received, the response 10 comments, along wilh the sKec\lllve dl- reclor's decIsIon on Ihe epplicallon, will then be mailed to everyone who submitted publlo Com' _.......... ..... ,... ..._ ... __fn...... Free Non- C For Sale Items listed in Frel limited to 20 words. '. 'PLA(; THE SA , <' proposed adlustmenls to the appllcallonlper- mil which would satIsfy ~ your concerns. /I a hearing requesl is timely med, addilional n~ lice may be plovided. Following the close of all applicable ~mment and requesl periods. the ex. eculiVe d'lractor \'!ill lor. A ward the applleaHon and . any requests lor oon. I lesred case hearing 10 the 1CEQ CommlsslonelS for their consldelallon al a scheduled Commission meeling. II a hearIng Is granted, \he subject 01 a hearing wl,lI be IImlled 10 dlspuled Issues 01 lacl relallng 10 relevant al\d malerlal elr qualily concerns raIsed during Ihe commenl period. Is. sues such as properly values. noise, ltame safely, and ZOning are oulslda 01 the Commis- sion's rurisdiclion 10 ad. dress lnlh!s IlIOClleding. MAILING LIST In add'~ lion 10 sUbmllting public comments, you may e.sk 10 be placed on e malting tlsl to receive futuro PUbrlC noUces lor this specWc appliceUon me.~ed by the Olfico of the Chlel Clerk by sendlll9 a wllllen Ie. quesl 10 lhe TCEQ Ollice 01 the Chlel Clerk at the address below. '.I 51 INFORMATION Wrillen pubfic cOmlllanlS or re- quests lor a public meel. Inll or contested case hearing should be submit. ted 10 rhe Texas Commis. sion on Environmenlal Quality. Office 01 Ihe Chlel Clerk, MC-IOS, P.O. Box 130B7, Austin. Texas 78711-3067. or electronically at IYww.ICeq.sta le.lx.us/abo UVcommenls.html. For F s ( f C 10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 21, 2009 Aoorooriation Requested By: Michael Dolby, CPA Source of Funds: N/ A Department: Finance Account Number: N/A Report: Resolution: Ordinance: xx Amount Budgeted: N/A Exhibits: Ordinance Amount Requested: N/A Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The Fiscal Year 2009-10 Budget was built around increasing various fees to enhance the City's Revenue Stream. The proposed changes are summarized below and were documented and detailed in the information provided to Council during Budget Workshops on August 10-11,2009. Golf Course - Estimated additional revenue - $32,000 1. Green Fees a. Weekday Fees i. Resident - proposed $1 increase (from $16 to $17) ii. Nonresident ~ proposed $1 increase (from $19 to $20) iii. Twilight - proposed $1 increase (from $13.50 to $14.50) b. Weekend Fees i. Resident - proposed $1 increase (from $24 to $25) ii. Nonresident - proposed $1 increase (from $29 to $30) iii. Twilight - proposed $1 increase (from $16 to $17) c. Senior Fees i. Resident - proposed $1 increase (from $10.50 to $11.50) ii. Nonresident - proposed $1 increase (from $13.50 to $14.50) d. Junior Fees i. Monday through Friday ~ proposed $1 increase (from $12 to $13) ii. Saturday, Sunday and Holidays - proposed $1 increase (from $17 to $18) 2. Membership Fees a. Residents - proposed $50 increase (from $1100 to $1150) b. Senior Residents - proposed $50 increase (from $900 to $950) c. Nonresidents - proposed $50 increase (from $1250 to $1300) d. City of La Porte Employees - proposed $50 increase (from $900 to $950) Action Reauired bv Council: Approve Ordinances amending certain fees and charges as indicated. Aooroved for City Council Al!enda ~4 Botto ity Mamiger 16/07 Date ORDINANCE NO. 2009 ~/~ AN ORDINANCE AMENDING RAPPENDIX A, FEES,R CHAPTER 50, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY INCREASING GREEN FEES AND MEMBERSHIP FEES FOR CITY GOLF COURSE, 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. Chapter 50 of Appendix A - - Fees, "Parks and Recreation," Article II, "Golf Course", subparagraphs (c) and (d), are hereby amended and shall hereafter read as follows, to-wit: "(c) Green user fees 50-31(b) (1) Weekday fees a. Resident.................... 17.00 b. Nonresident................. 20.00 c. Twilight.................... 14.50 (2) Weekend fees a. Resident.................... 25.00 b. Nonresident................. 30.00 c. Twilight.................... 17.00 (3) Senior fees 60 years of age or older (weekdays only excluding holidays before 11:00 a.m.) a. Resident senior citizens.... 11. 50 b. Nonresident senior citizens. 14.50 (4) Junior fees, 17 years of age or younger a. Monday through Friday....... 13.00 b. Saturday, Sunday, and holidays.................... 18.00 (d) User fees for annual membership holders 50-32 (1) Residents a. Cash...................... 1, 150 . 00 b. Payment plan, $500.00 down, and 11 monthly payments of $62.09 each, including interest at the rate of ten percent per annum, for a total of $1,182.99 for the year. (2) Resident senior citizens a. Cash........................ 950. 00 b. Payment plan, $500.00 down, and 11 monthly payments of $42.98 each, including interest at the rate of ten percent per annum, for a total of $972.78 for the year. (3) Nonresidents a. Cash...................... 1, 300 . 00 b. Payment plan, $500.00 down, and 11 monthly payments of $76.41 each, including interest at the rate of ten percent per annum, for a total of $1,340.51 for the year. (4) City of La Porte employees (full time and part time) a. Cash........................ 950. 00 b. Payment plan, the sum of $37.00 will be deducted from each employee pay- check, based on 26 paychecks per year. (5) The Golf Course Manager shall have the authority to market the golf course by using various promotions, such as daily, hourly, and/or price specials, and other promotions which he may deem desirable to enhance revenue at the Bay Forest Golf Course." Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. 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 2 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 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 s. This Ordinance shall be in effect from and after its passage and approval. The fees in this ordinance shall be effective upon passage and approval of this ordinance, unless otherwise indicated. PASSED AND APPROVED, this 21st day of September, 2009. By: ~: ~JI~ Mart a A. Gillett ~ City Secretary APPR~VED ~ ~ -r ~AA.4 Cl rk . Askins Assistant City Attorney 3 11 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 21, 2009 ADDroDriation Requested By: Michael Dolbv, CPA Source of Funds: N/A Department: Finance Account Number: N/A Report: Resolution: Ordinance: xx Amount Budgeted: N/A Exhibits: Ordinance # Amount Requested: N/A Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The Proposed Fiscal Year 2009-10 Budget includes the addition of a new drainage fee of $2 per month to be assessed on all residential and commercial water bills. This fee shall be used exclusively for the construction and maintenance of facilities designed to mitigate the effects of flooding, including structural improvements used for the control of drainage. The proposed drainage infrastructure fee was presented to Council during Budget Workshops on August 10-11,2009. Action Required bv Council: Approve Ordinance amending certain fees and charges as indicated. pJ'/o'l Date f I ORDINANCE NO. ~ AN ORDINANCE AMENDING CHAPTER 94 "FLOODS" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE II, "FLOOD HAZARD REDUCTION", DIVISION 1, "GENERALLY", TO ADD NEW SECTION 94- 42, "DRAINAGE INFRASTRUCTURE FEE", TO PROVIDE FOR MONTHLY FEE TO BE USED FOR DRAINAGE AND FLOODING INFRASTRUCTURE CONSTRUCTION AND MAINTENANCE, SAID FEE TO BE INCLUDED IN MONTHLY UTILITY BILLS; AMENDING APPENDIX A - FEES, TO ADD $2.00 MONTHLY ASSESSMENT; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 94 of the La Porte Code of Ordinances, "Floods", Article II, "Flood Hazard Reduction", Division 1, "Generally", is hereby amended by adding new Section 94-42, "Drainage Infrastructure Fee", which shall read as follows: "Sec. 94-42. Drainage Infrastructure Fee. (a) All residential and commercial utility service customers of the City of La Porte who are subject to a charge for the use of water, sewer, and/or garbage service, and are billed through an established account for such utility services, shall be assessed a monthly drainage infrastructure fee, at a rate determined by the La Porte City Council, and listed in Appendix A - Fees, of this Code. Such fee shall be included in all monthly utility statements. (b) All revenue collected from the drainage infrastructure fee shall be used exclusively for the construction and maintenance of facilities designed to mitigate the effects of flooding, including structural improvements used for the control of drainage, and shall be deposited into a dedicated fund for such purpose." Section 2. That Chapter 94 of the La Porte Code of Ordinances, "Floods", Article II, "Flood Hazard Reduction", Division 1, "Generally", is hereby amended by amending Sections 94-42- 94-60"Reserved", which shall read as follows: "Sees. 94-43 -94-60. Reserved." Section 3: That Appendix-A Fees of the La Porte Code of Ordinances is hereby amended by adding Chapter 94 "Floods", Article II, "Flood Hazard Reduction", Division 1, "Generally", Section 94- 42, "Drainage Infrastructure Fee", which shall read as follows: Chapter 94. Floods Article II. Flood Hazard Reduction Division 1. Generally (a) Drainage Infrastructure fee.. ........... 2.00 94-42 Section 4: 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 5: 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 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, 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 7. This Ordinance shall become effective on October 1,2009. PASSED AND APPROVED this th~ day OfYIfiiJ;.A/ CITY 0 ,2009. B. ATTEST: ~Ai& City Secretary APPROVED: ~r~~ Assistant City Attorney 2 12 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 21, 2009 Aoorooriation Requested By: Michael Dolby, CPA Source of Funds: N/A Department: Finance Account Number: N/A Report: Resolution: XX Ordinance: Amount Budgeted: N/A Exhibits: Certification from HCAD Amount Requested: N/A Exhibits: New Construction Reoort Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION On September 3, 2009, the City of La Porte received the Certified Appraisal Roll from the Harris County Appraisal District. Section 26.04 of the State Property Tax Code requires the submission of the Appraisal Roll to the Governing Body. The 2009 Certified Tax Roll for the City of La Porte, as received from the Harris County Appraisal District (HCAD), shows a total appraised value of $2,448,766,280 and a total taxable value of $1,990,847,935. Action Reauired bv Conncil: Approve Resolution for acceptance of the appraisal roll. ~~/or Date { { RESOLUTION NO. 09- 0 r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2009 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT. WHEREAS, the Harris County Appraisal District has submitted to the City Council of the City of La Porte, for approval, the 2009 tax appraisal roll; and WHEREAS, the City Council is of the opinion that the 2009 appraisal roll with the amounts shown therein should be adopted; WHEREAS, the Harris County Appraisal District has certified to the City Council that there was situated in the City of La Porte, as of January 1,2009, property with a total appraised value of $2,448,766,280 and a total taxable value of $1 ,990,847,935. WHEREAS, new personal property added to the appraisal roll had a total taxable value of $61,926,439 as of January 1, 2009; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT: Section 1. the 2009 taxable roll in the amount of $1,990,847,935, as submitted by the Harris County Appraisal District is hereby adopted; 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 offices of City of La Porte 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 resolution 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. PASSED AND APPROVED this the 21st day of September, 2009. ATTEST: l ~ M rt Gillett, C y Secretary A~r~ Clark T. Askins, Assistant City Attorney 071 Harris County Appraisal District 13013 Northwest Fwy, Houston, Texas Information Center: (713)957-7800 Mailing Address: Office of the Chief Appraiser P.O. Box 920975 Houston, TX 77292-0975 August 31, 2009 Ms Katherine Powell Assessor Collector City of Laporte POBox 1849 La Porte TX 77572-1849 Dear Ms. Powell: On August 21,2009 the appraisal review board (ARB) approved the 2009 appraisal records under Sec. 41.12, Tax Code, thus making it possible for me to certify this year's appraisal roll to each taxing unit. While the Tax Code provides for approval of the appraisal records to occur on July 20, it also stipulates that the ARB cannot approve the records if more than 10% of the total appraised value in the district remains under protest. Under prior law, approval of the records could not occur until less than 5% of the district's total value remained under protest. The change in the law is beneficial in Harris County where this year we received over 370,000 value protests. Approved & Certified Accounts "Approved" accounts on your certified roll include those on which no protest was filed, those on which a late protest was filed "without good cause" as determined by the ARB, and those on which a timely or "good cause" late protest has been determined or dismissed due to failure to appear for the protest hearing. Uncertified Accounts Your certified roll does not include the value of accounts still under protest; accounts on which the valuation is incomplete and notices have not been mailed; and properties which are either ready to notice or have been noticed and on which the 30-day protest period has not elapsed. As required by law, estimated values applicable to these accounts are summarized in the enclosed reports. Final certified values for properties in these categories will be included in later supplemental rolls. Other Information Also included in your certification packet is a sheet titled "WHERE TO FIND." This sheet notes where to find information you will need to calculate your effective and rollback tax rates The certified residential homestead report includes a summary of average residential values in your unit, which is information required for your tax rate hearing notices. Please review the homestead exemption data in your printouts to ensure that we used the most current information on your exemption rates. Also, remember that homestead exemptions may be claimed up to one year after the delinquency date for the taxes on the homestead. This means that your tax base will be reduced by late applications filed during this extended application period. Additional value loss may result from provisions in the Tax Code that allow for district court or arbitration appeal of ARB decisions, late protests, and corrections. Sincerely, ~ ff-" ~.A~.~, Jim Robinson, R.PA Chief Appraiser Enclosures 071 HARRIS COUNTY APPRAISAL DISTRICT HOUSTON, TEXAS THE STATE OF TEXAS, } COUNTY OF HARRIS. } 2009 CERTIFICATION OF APPRAISAL ROLL AND LISTING OF PROPERTIES UNDER SECS. 26.01(c) AND (d) FOR City of Laporte Pursuant to Section 2601(a), Texas Tax Code, I hereby certify the 2009 appraisal roll of properties taxable by City of Laporte. The roll is delivered in printed and electronic forms. The total appraised value now on the appraisal roll for this unit is: $2,448,766,280 The taxable value now on the appraisal roll for this unit is: $1,990,847,935 As Required by Section 26.01 (c), Texas Tax Code, I have included with your roll a listing of those properties which are taxable by the unit but which are under protest and are therefore not included in the appraisal roll values approved by the appraisal review board and certified above. My estimate of the total taxable value which will be assigned to such properties if the owners' claims are upheld by the appraisal review board is: $142,795,631 Pursuant to Section 26.01 (d), Texas Tax code, the estimated value of taxable property not under protest and not yet included on the certified appraisal roll, after hearing loss, is $186,312,370 Signed this 31st day of August, 2009 e " ~~~ Jim Robinson, R.P.A. 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E 1IJ >< lJ.J ..... !1:l U 'C o ... LIl :r .... X o o o o o o o o ... 0- E <lJ X lJ.J LIl " o <lI c rtl ..... a:; U III 'i co X o LJ"> M '" r-... "'" 00 o '" '" .-I ... o '" '<t "" 00 ,...; '" .... VI .;j' ... N '" "'" .... N'l .-I ... o co N co co N '" co V V N ... a LJ"> M M o <:t m <:t ;,0 "'" N ... o a a a o '" "'" N N '" ;,0 00 00 o o .-I .-< "'" .-I 01 C .~ LIl ::> o :I: <lJ E o U c: H Ql ... nl '- Ql "0 o ::;: I 3: o -' Vl -' ~ Z o 8 H Cl Vl H co: :::J ,.., '" X 13 . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 21, 2009 Aoorooriation Requested By: Michael Dolby, CPA Source of Funds: N/ A Department: Finance Account Number: N/A Report: Resolution: Ordinance: xx Amount Budgeted: N/A Exhibits: Ordinance Amount Requested: N/ A Exhibits: Effective Tax Rate Calculation Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The Fiscal Year 2009-10 Budget was built around a tax rate of. 71 cents per hundred dollar valuation. A breakdown of the tax rate is as follows: General Fund = .601 cents per hundred dollar valuation Debt Service = .109 cents per hundred dollar valuation The tax rate of. 71 cents is the same rate that has been adopted for the last twenty years. The Effective Tax Rate = 0.737 cents per hundred dollar valuation, which is the maximum rate without advertisements and a public hearing. Action Reauired bv Council: Approve Ordinance establishing the tax rate for Fiscal Year 2009-10 at 71 cents per hundred dollar valuation. fJt/o? Date ' { ORDINANCE NO. 09-~.z AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; 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. That there is hereby levied for the fiscal year beginning October 1, 2009, and ending September 30, 2010, on all real property situated and all personal property owned within the taxable limits of the said City of La Porte, on the first day of January, 2010, except so much as may be exempt under the constitution and laws of the United States, this State, and the City of La Porte, the following taxes: (1) An Ad Valorem Tax of and at the rate of sixty and one tenth cents ($.601) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States for the current expenses for the support, maintenance, and improvement of the City Government of said City of La Porte; and (2) An Ad Valorem Tax of and at the rate of ten and nine tenths cents ($.109) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States, to pay current interest on and provide one year's sinking fund and to pay all of the Principal and Interest accruing on all outstanding general obligation bonds and certificates of obligation lawfully issued by the City of La Porte. That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S RATE. Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of one hundred percent (100%) of the estimated market value thereof. Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and the same are hereby appropriated for the support, maintenance, and improvement of the City Government of the City of La Porte. Section 4. The City Council officially finds, determines, recites and declares that all notices required by law have been published, and that a public hearing as required by law was duly called and held, and that all matters prerequisite to the establishment and levy of an ad valorem tax have been accomplished, all as required by the laws of the State of Texas, and the Home Rule Charter of the City of La Porte. Section 5. 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 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7. 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. Section 8. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 21st day of September, 2009. Q1TkWld MartHa Gillett, City Secretary A~ /f./- ~ r/~ C ark T. AskinS, Assistant City Attorney 2009 Property Tax Rates in City of La Porte This notice concerns 2009 property tax rates for City of La Porte It presents information about three tax rates Last years tax rate is the actual rate the taxmg unit used to determme property taxes last year. This years effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This years rollback tax rate IS the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law The rates are given per $100 of property val ue Last year's tax rate: Last year's operating taxes Last year's debt taxes Last year's total taxes Last year's tax base Last year's total tax rate This year's effective tax rate: Last year's adjusted taxes (after subtracting taxes on lost property) 7 This years adjusted tax base (after subtracting value of new property) = This years effective tax rate 0.737/$100 (Maximum rate unless unit publishes notices and holds hearings) This year's rollback tax rate: Last year's adjusted operating taxes (after $13,127,295 subtracting taxes on lost property and adjusting for any transferred function, tax increment financing, state criminal Justice mandate, and/or enhanced indigent health care expenditures) $13,716,980 $2,0]6,551 $15,733,531 $2,215,990,282 0.710/$100 $15,19],363 $2,060,287,540 7 This year's adjusted tax base = This years effective operating rate x 1.08 = this year's maximum operating rate + This year's debt rate = This year's total rollback rate $2,060,287,540 0637/$100 0687/$100 0.109/$100 0.796/$100 Statement of Increase/Decrease If City of La Porte adopts a 2009 tax rate equal to the effective tax rate of $0.737 per $100 of value, taxes would increase compared to 2008 taxes by $95,747 Schedule A - Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund --_.-.~---._--- General Fund Debit Service Fund Balance -------- - --- $10,884,924 $1,906,978 Schedule B - 2009 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable) Principal or Interest to be Contract Payment Paid from Otber Description to be Paid from Property Amounts Total of Debt __ !..opertL~xes Taxes to be Paid _Pay~eD! 1998 General $125,000 $50,469 $0 $175,469 Obligation Bonds 2000 General $150,000 $93,194 $0 $243,194 Obligation Bonds 2000 Certificate of $150,000 $78,900 $0 $228,900 Obligation Bonds 2002 General $270,000 $188,258 $0 $458,258 Obligation Bonds 2004 Certificate of $245,000 $238,560 $0 $483,560 Obligation Bonds 2005 Certificate of $70,000 $60,228 $0 $130,228 Obligation Bonds 2005 General $300,000 $265,633 $0 $565,633 Obligation Bonds 2006 General $50,000 $47,226 $0 $97,226 Obligation Bonds 2006 Certificate of $235,000 $235,623 $0 $470,623 Obligation Bonds 2007 Certificate of $160,000 $318,308 $0 $478,308 Obligation Bonds 2009 Certificate of $235,000 $510,359 $0 $745,359 Obligation Bonds Total Reqnired for 2009 Debt Service $4,076,755 - Amount (if any) paid from funds listed in Schedule A $0 Amount (if any) paid from other resources $1,735,201 - Excess collections last year $0 = Total to be paid from taxes in 2009 $2,34] ,554 + Amount added in anticipation that the unit will $0 collect only 100.00% of its taxes in 2009 Total Debt Levy $2,341,554 This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at 604 W Fairmont Parkway, La Porte, TX 77571. Name of person preparing this notice: Katherine R Powell Title: Tax Manager Date Prepared: September 3, 2009