HomeMy WebLinkAbout2010-2-8
MINUTES OF REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
FEBRUARY 8, 2010
1. Call to order
The meeting was called to order by Mayor Beasley at 6:00 p.m.
Members of City Council Present: Mayor Barry Beasley, Councilmembers Louis Rigby,
Tommy Moser, Daryl Leonard, John Black, Mike Mosteit, Mike Clausen and Chuck
Engelken
Members of Council Absent: None
Members of City Executive Staff and City Employees Present:
City Manager's Office: Ron Bottoms, John Joerns and Stacey Osborne
Legal: Clark Askins
City Secretary's Office: Martha Gillett and Robin Eldridge
Public Works: Steve Gillett
Planning: Tim Tietjens, Masood Malik and Isaac Rodriguez
Police Department: Ken Adcox
Finance: Michael Dolby
Parks and Recreation: None
Purchasing: Susan Cream
Economic Development: Stacey Osborne
Fire: None
EOC: Jeff Suggs
Municipal Court - Judge Mitrano
Others Present: John Zemanek, Kathryn Aguilar, Adam Yanelli of the Bayshore Sun,
David Janda, Phillip Hoot, Ted Powell, Mike Shannahan, Leighann Crawford, Trenton
Brooks, John Duplis and other citizens.
2. The Invocation was not given by Father Gary Rickles of S1. Mary's Catholic Church due to
his absence. Mayor Pro Tem Black led the Invocation
3. Mayor Pro Tem Black led the Pledge of Allegiance.
4. Presentations/Proclamations
None presented.
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 held on January 25,2010 - M. Gillett
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 8,2010
2
8. Council to consider approval or other action regarding an ordinance amending the City of
La Porte 2009-2010 Fiscal Year Budget (Ord. 3217) - M. Dolby
C. Council to consider approval or other action regarding an ordinance appointing a member
to the Civil Service Commission to fill vacancy for term expiring August 2010 (Ord. 3218) -
R. Bottoms
D. Council to consider approval or other action regarding an ordinance changing the name of
Forrest Avenue to North Forrest Avenue (Ord. 3219) - T. Tietjens
E. Council to consider approval or other action regarding an ordinance authorizing an
agreement between the City of La Porte and Port Auto Truck Stop, regarding truck traffic
on a portion of North 8th Street (Ord. 3220) - T. Tietjens
F. Council to consider approval or other action regarding an ordinance amending Chapter 70
"Traffic and Vehicles" of the Code of Ordinances by designating a portion of North 8th
Street as a truck route (Ord. 3221) - T. Tietjens
G. Council to consider approval or other action regarding the purchase of emergency
equipment for new police vehicles - K. Adcox
H. Council to consider approval or other action regarding an agreement with BAHEP to
provide economic development service - S. Osborne
I. Council to consider approval or other action regarding settlement agreement in the case of
Debra Taylor vs. City of La Porte - C. Askins
Council had questions on item H.
Assistant City Attorney Clark Askins read the following agenda captions:
Ordinance 3217 - AN ORDINANCE APPROVING AN AMENDMENT TO 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 PREPARTION AND PRESENTMENT OF SAID
BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3218 - AN ORDINANCE APPOINTING MEMBERS OF THE CIVIL SERVICE
COMMISSION, PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING
CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3219 - AN ORDINANCE CHANGING THE NAME OF FORREST AVENUE TO
NORTH FORREST AVENUE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 8,2010
3
Ordinance 3220 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF LA PORTE AND FINEFAIR, INC., A TEXAS BUSINESS
CORPORATION, D/B/A PORT AUTO TRUCK STOP, REGARDING TRUCK TRAFFIC ON
A PORTION OF NORTH 8TH STREET IN THE CITY OF LA PORTE; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3221 - AN ORDINANCE AMENDING CHAPTER 70, "TRAFFIC AND
VEHICLES", ARTICLE VI, "TRUCK ROUTES AND GROSS WEIGHT LIMITS" BY
AMENDING SECTION 70-231, "DESIGNATION", BY ADDING NORTH 8TH STREET,
FROM BARBOURS CUT BOULEVARD, TO A POINT 300 HUNDRED FEET NORTH OF
THE NORTH RIGHT-OF-WAY LINE OF BARBOURS CUT BOULEVARD; 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 FIVE HUNDRED DOLLARS; CONTAINING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION
OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Leonard to approve the consent aoenda items A-G
and I as presented. Second by Councilmember Engelken. Motion carried.
Ayes: Engelken, Rigby, Moser, Black, Leonard, Mosteit, Clausen and Mayor Beasley
Nays: None
Abstain: None
Absent: None
Motion was made by Councilmember Enoelken to table item H on the consent aoenda and
brino back to a future meetino. Second by Councilmember Black. Motion carried.
Ayes: Engelken, Rigby, Moser, Black, Leonard, Mosteit, Clausen and Mayor Beasley
Nays: None
Abstain: None
Absent: None
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council on any item posted on the agenda (Limited to five minutes)
Kathryn Aguilar - 3119 Fondren - Ms. Aguilar informed the Council she does not agree
with tax abatements. She also advised the Council she would like to see restrooms at the
Town Plaza and Sylvan Beach areas.
Ted Powell-1700 Roscoe - Mr. Powell informed the Council he is opposed to item Hand
tax abatements. He advised Council that "white papers" need to be included in the review
of this item.
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 8,2010
4
Phillip Hoot - 927 Sea breeze - Mr. Hoot advised the Council he does not like the
increased size of the agenda and noted he does not feel this allows the public to comment
on items before they are voted on. He further noted he is opposed to spending any more
funds on wireless projects. He informed Council he is against "big box retail". Lastly, he
advised the Council he is opposed to tax abatements.
John Zemanek - 3805 Oakwilde Circle - Mr. Zemanek raised questions on tax
abatements, 380 agreements, rail spurs and five points.
John Duplis - 511 S. 6th - Mr. Duplis informed the Council he would like them to consider
all types of businesses when considering tax abatements.
Mike Shannahan - 200 S. Virginia - Mr. Shannahan addressed the Council regarding
documentation of vendors.
Note - some of these comments were made during the workshop section of the meeting.
7. Council to consider approval or other action regarding an ordinance declaring the results of
the City of La Porte Special Election held on January 30, 2010, for At-Large Position A,
and establishing dates and times for February 27,2010 Run-Off election, and Early Voting
for same (Ord. 3222) - Mayor Beasley
Mayor Beasley presented summary and recommendation and answered Councils'
questions.
Assistant City Attorney Clark Askins read Ordinance 3222, AN ORDINANCE DECLARING
THE RESULTS FO A SPECIAL ELECTION HELD IN THE CITY OF LA PORTE ON
JANUARY 30, 2010, FOR THE ELECTION OF A COUNCILPERSON AT-LARGE
POSITION A; PROVIDING DATES AND HOURS FOR RUN-OFF ELECTION, AND
EARLY VOTING FOR SAME, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Moser to approve Ordinance 3222 as presented by
Mayor Beasley. Second by Councilmember Mostei!. Motion carried.
Ayes: Leonard, Engelken, Black, Moser, Rigby, Mosteit, Clausen and Beasley
Nays: None
Abstain: None
Absent: None
8. Council to consider approval or other action regarding DIR contract for wireless and
camera services - J. Suggs
Emergency Management Coordinator Jeff Suggs presented summary and
recommendation and answered Councils' questions.
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 8,2010
5
Motion was made by Councilmember RiQby to table DIR contract for wireless and camera
services as presented by Mr. SUQQs. Second by Councilmember Moser. Motion carried.
Ayes: Engelken, Black, Mosteit, Clausen, Leonard, Moser, Rigby and Beasley
Nays: None
Abstain: None
Absent: None
9. Close Regular Meeting and open Workshop Meeting.
Mayor Beasley closed Regular Meeting and opened Workshop Meeting at 6:45 p.m.
A. Discuss Certificate of Obligation for Drainage Projects - R. Bottoms
City Manager Ron Bottoms discussed Certificate of Obligation for Drainage
Projects.
Staff was directed to move forward with this item.
B. Discuss inclusion of statement concerning documented workers in City
solicitations - S. Cream
Purchasing Manager Susan Cream discussed inclusion of statement concerning
documented workers in City solicitations.
Staff was directed to move forward and look at any other laws that need to be
included in the future.
C. Discuss Tax Abatements
Economic DevelopmenUMain Street Coordinator discussed Tax Abatements.
Staff was directed to move forward with tax abatements and consider all levels of
abatements for small and large businesses.
10. Close Workshop Meeting and reconvene Regular Meeting
Mayor Beasley closed Workshop Meeting and reconvened Regular Meeting at 8:12 p.m.
11. Receive Drainage Report from City Staff - S. Gillett
Public Works Director Steve Gillett provided the monthly Drainage Report.
Mr. Gillett also reported the next Drainage Meeting will be held on February 16, 2010 at
6:00 p.m.
12. Receive Report from Fiscal Affairs Committee
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 8,2010
6
Chairman Engelken provided a report from the Fiscal Affairs Committee.
13. City Manager Ron Bottoms provided Administrative Reports for the following:
Early Voting for Run-Off Election - February 15, 2010 - February 23,2010 - 8:00 a.m. -
5:00 p.m. Extended hours for Early Voting will be Wednesday, February 17, 2010 7:00
a.m. - 7:00 p.m. and Tuesday, February 23,2010 - 7:00 a.m. - 7:00 p.m. Early Voting on
Saturday, February 20, 2010 - 8:00 a.m. - 5:00 p.m.
February 15, 2010 - Records Management Day
February 15, 2010 - Commissioner Sylvia R. Garcia - Annual "Swing Thing" - Timber
Creek Golf Club - Friendswood
February 18, 2010 - Harris County Mayor and Council Association Meeting/Dinner - Kim
Son Restaurant - 2001 Jefferson - 6:30 p.m.
February 22, 2010 - City Council Meeting - 6:00 p.m.
February 26, 2010 - La Porte Bayshore Chamber of Commerce Annual "Casino Night" -
Barbour's Cut Cruise Terminal- North 820 North "L" Street - 6:30 p.m.
February 27, 2010 - Run-Off Election - 7:00 a.m. - 7:00 p.m. - La Porte City Hall and
Baker Sixth Grade Campus
14. Council Comments: Engelken, Mosteit, Moser 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
15. 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)
A.
551.074 (Personnel Matter)
Evaluation of Municipal Court Judge
Denise Mitrano
Council retired to Executive Session at 8:32 p.m.
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 8, 2010
7
Council returned to the table at 9:00 p.m. and reconvened the Regular Meeting.
16. Consider approval and possible action on items considered in Executive Session.
There was no action taken.
17. Adjournment
Being no further business, the meeting was duly adjourned at 9:01 p.m.
Respectfully submitted,
Lf(! &/Ita Jk1t;r
Martha Gillett, TRMC, CMC
City Secretary
/_Passed ~D~proved on this 22nd day of February 2010.
~F\'::7/
May~arry 87Y
B
Agenda Date Requested: February 8, 2010
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Michael Dolby, CPA
Department: Finance
Report:
Ordinance:
xx
Resolution:
Exhibits: Ordinance
Budgeted Item: YES NO
Exhibits: Excerpt from FY 2010 Adopted Budget
& Amended Budget (Exhibit A & B)
Source of Funds: N/A
Appropriation
Account Number: N/A
Amount Budgeted: N/ A
Amount Requested: N/A
Exhibits: Explanations / Backup for Amendment
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2009-10 Budget on September 21,2009.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2009-10 Budget. (*denotes funds with current changes)
General Fund
Grant Fund
Street Maintenance Sales Tax Fund
Community Investment
Hotel/Motel Occupancy Tax
La Porte Development Corporation
Tax Increment Reinvestment Zone
Utility
Sylvan Beach
Airport
La Porte Area Water Authority
Golf Course
Motor Pool
Insurance Fund
Technology Fund
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
Drainage Improvement Fund
1998 General Obligation Bond Fund
2000 General Obligation Bond Fund
2002 General Obligation Bond Fund
2004 Certificate of Obligation Bond Fund
2005 Certificate of Obligation Bond Fund
2005 General Obligation Bond Fund
2006 Certificate of Obligation Bond Fund
2006 General Obligation Bond Fund
2007 Certificate 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
Previously
Original Budget Amended Budget
$ 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
$ 33,014,784
2,234,792
700,000
433,771
1,003,281
1,912,674
1,413,966
7,743,711
3,500
22,368
974,545
1,364,643
1,969,367
4,497,908
1,221,111
2,255,100
257,000
408,168
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
$ 79,588,495
Proposed
Amended Budget
$ 33,014,784
2,234,792
700,000
433,771
1,003,281
1,912,674
1,413,966
7,743,711
3,500
22,368
974,545
1,364,643
1,969,367
4,497,908
1,221, III
2,260,100 *
257,000
408,168
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
$ 79,593,495
Action Required bv Council:
Adopt Ordinance Amending Fiscal Year 2009-10 Budget in the General CIP Fund for $5,000 for a joint venture
with the Glean Meadows Homeowner's Association.
o!/~
Date
ORDINANCE NO. 2010- -5 2 17
AN ORDINANCE APPROVING AN AMENDMENT TO 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 a summary of which is
attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget
summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La
Porte, Texas, for the period of October 1, 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 lrft- day of , 2010.
ATTEST:
'-1!l(t(~
art a Gillett, City Secretary
APPZ:
~~r~
rk Askins, Assistant City Attorney
EXHIBIT A
(ORIGINAL BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 09-10 FY 09-10
Revenues Expenses
Governmental Fund Types:
General Fund 32,894,465 32,894,465
Grant Fund 1,995,712 2,160,353
Street Maintenance Sales Tax 726,845 700,000
Community Investment 231,361 344,700
Hotel/Motel Occupancy Tax 495,100 977 ,522
Section 4B Sales Tax 1,476,490 1,910,464
Tax Increment Reinvestment 1,403,304 1,413,966
Total Governmental Types 39,223,277 40,401,470
Enterprise:
Utility 8,288,732 7,740,176
Sylvan Beach 3,500
Airport 51,875 22,368
La Porte Area Water Authority 1,227,771 974,545
Golf Course 1,171,150 1,360,393
Total Enterprise 10,739,528 10, I 00,982
Internal Service
Motor Pool 2,218,600 1,969,367
Insurance Fund 4,214,727 4,497,908
Technology Fund 1,191,597 1,184,405
Total Internal Service 7,624,924 7,651,680
Capital Improvement:
General 1,525,000 2,255,100
Utility 592,500 105,000
Sewer Rehabilitation 30 I ,600 350,000
Drainage Improvement Fund 290,500 169,000
2004 C/O Bond Fund 376,570
2005 C/O Bond Fund 256,503
2005 GO Bond Fund 16,219
2006 C/O Bond Fund 966,497
2007 C/O Bond Fund 1,125,492
2009 C/O Bond Fund 9,631,481 9,600,000
Other Infrastructure 10,600 504,000
Total Capital Improvement 12,351,681 15,724,381
Debt Service:
General 4,089,272 4,076,755
Utility 321,596 326,314
La Porte Area Water Authority 740,456 740,456
Total Debt Service 5,151,324 5,143,525
Total All Funds 75,090,734 79,022,038
EXHIBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 09-10 FY 09-10
Revenues Expenses
Governmental Fund Types:
General Fund 32,894,465 33,014,784
Grant Fund 1,996,562 2,234,792
Street Maintenance Sales Tax 726,845 700,000
Community Investment 231,361 433,771
HotellMotel Occupancy Tax 495,100 1,003,281
Section 4B Sales Tax 1,476,490 1,912,674
Tax Increment Reinvestment 1,403,304 1,413,966
Total Governmental Types 39,224,127 40,713,268
Enterprise:
Utility 8,288,732 7,743,711
Sylvan Beach 3,500
Airport 51,875 22,368
La Porte Area Water Authority 1,227,771 974,545
Golf Course 1,171,150 1,364,643
Total Enterprise 10,739,528 10,108,767
Internal Service
Motor Pool 2,218,600 1,969,367
Insurance Fund 4,214,727 4,497,908
Technology Fund 1,191,597 1,221,111
Total Internal Service 7,624,924 7,688,386
Capital Improvement:
General 1,530,000 2,260,100
Utility 592,500 257,000
Sewer Rehabilitation 301,600 408,168
Drainage Improvement Fund 290,500 169,000
2004 C/O Bond Fund 376,570
2005 C/O Bond Fund 256,503
2005 GO Bond Fund 16,219
2006 C/O Bond Fund 966,497
2007 C/O Bond Fund 1,125,492
2009 C/O Bond Fund 9,631,481 9,600,000
Other Infrastructure 10,600 504,000
Total Capital Improvement 12,356,681 15,939,549
Debt Service:
General 4,089,272 4,076,755
Utility 321,596 326,314
La Porte Area Water Authority 740,456 740,456
Total Debt Service 5,151,324 5,143,525
Total All Funds 75,096,584 79,593,495
c
---.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 8. 2010
Bude:et
Requested By: Ron Bottoms
Source of Funds:
Department: Administration
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Letter to Mayor and Council
Amount Requested:
Exhibits:
Ordinance
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
With the resignation of Michael A. Garcia, the Civil Service Commission has a vacancy, which
will expire August 31, 2010.
Ms. Debra Gallington, a resident of La Porte, has served on the Main Street Advisory Board, has
volunteered for various city events, and is a local attorney. She would like to continue her service
to the City and serve with the Civil Service Commission.
Action Reauired bv Council:
Consider confirming appointment of Debra 1. Gallington to the Civil Service Commission to fill
the vacant position with term expiring on August 31, 2010.
1/,17 I~
Date
City of La Porte
Established 1892
February 8, 2010
Honorable Mayor and Council
City of La Porte
City Hall
La Porte, Texas
I hereby appoint Debra L. Gallington as a member of the Civil Service Commission of the City of
La Porte, filling the vacant position held by Michael Garcia. The term of this position will expire
gust 31, 2010. Ms. Gallington will serve until the term expires or until her successor has
een uly appointed and qualified.
Ron Bottoms
City Manager
RB/ml
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
ORDINANCE NO. 32 J 8
AN ORDINANCE APPOINTING MEMBERS OF THE CIVIL SERVICE COMMISSION,
PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby ratifies and confirms the appointment by the City
Manager, of Debra L. Gallington, as a Member of the Civil Service Commission of the City of La
Porte, for a term expiring on August 31, 2010, or until her successor shall have been duly appointed
and qualified.
Section 2.
If any section, sentence, phrase, clause or any part of any section, sentence,
phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not
affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this
City Council to have passed each section, sentence, phrase or clause, or part hereof, irrespective of
the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid.
Section 3.
All ordinances or parts of ordinances in conflict herewith are repealed to the
extent of such conflict only.
Section 4.
The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed, considered and formally acted upon.
The City Council further ratifies, approves and confirms such written notice and the contents and
posting thereof.
Section 5.
This Ordinance shall be effective from and after its passage and approval, and
it is so ordered.
PASSED AND APPROVED, this 8th day of February, 2010.
ATTEST:
VfllM/ltd- It LtM
Martha A. Gillett
City Secretary
'l:
C rk T. Askins
Assistant City Attorney
CITY OF LA PORTE
By:
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
February 8. 2010 Bude:et
Source of Funds: N/A
Requested By: Tim Tietjens
Department:
Planning
Account Number:
Report: X Resolution:
Ordinance:
X
Amount Budgeted:
Ordinance
Amount Requested:
Exhibits:
Exhibits:
Support Letter
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
Forrest Avenue in La Porte, located between South Broadway and Galveston Bay, shares a similar name with
Forest Street, which is located within the City of Shoreacres, This similarity has caused problems with emergency
services being dispatched to the wrong location, as well as, confusion with mail and service delivery.
To help avoid confusion caused by the similarity of name, staff is proposing that Forrest Avenue in La Porte be
changed to North Forrest Avenue. Likewise, Forest Street in Shoreacres is intended to be changed to South Forest
Street.
On January 22, 2010, a letter (attached) was received with signatures from 23 residents of Forrest Avenue,
supporting a name change to North Forrest Avenue. On January 25, 2010, Council conducted a workshop on the
matter.
Coordinating a unified effort for La Porte and Shoreacres would mitigate future confusion. The Planning
Department recommends adopting an ordinance changing the street names and filing documentation with the Harris
County Clerk's Office.
.) Iv /to
Date
ORDINANCE NO. 2010- 321 CJ
AN ORDINANCE CHANGING THE NAME OF FORREST AVENUE TO NORTH FORREST
AVENUE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The name of Forrest Avenue is hereby changed to
North Forrest Avenue.
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 8th day of February, 2010.
By:
~
ry B asley
Mayor
ATTEST:
'-tlltldla-(}. H.iLI/
ar ha A. Gilfett
City Secretary
AP~ ;;~
Clark T. Askins
Assistant City Attorney
fRoM,: VVlLKE, DL:,/EfA-NO
,
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By
~
1
SUPPORT LETTER
/(0) IE @ IE a r!lIE!iiJ
Wi JAN 2 2 2010 m
By
::::-
---::::::::--
My signature is to show my support for the Forrest Ave name change to
North Forrest Ave. There is currently a recommendation on the table to
make a North Forrest Ave (La Porte) And a South Forest Ave
(Shoreacres).This will help eliminate the confusion of two streets with
the same name.
NAME ADDRESS
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NAME ADDRESS
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E
--
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Februarv 08. 2010
Source of Funds: NA
Requested By: Tim Tietiens
Account Number: NA
Department: Planninl!
Amount Budgeted: NA
Report: _Resolution: _Ordinance:_X_
Exhibits:
Ordinance
Agreement
SUMMARY
Mr. Nazar Momin, owner of Port Auto Truck Stop, located at 904 W. Barbour's Cut Blvd., has
made application for a driveway along North 8th Street. However, the current roadway section
was not built to City's specifications and is not capable of handling heavy truck traffic. The
proposed agreement includes a designation of a portion of North 8th Street as a truck route until
such time that traffic congestion volumes at the intersection of North 8th and Barbour's Cut Blvd.
become unacceptable. In addition, a curb cut into North 8th Street would be permitted. In
exchange, the owner(s) shall be responsible for the North 8th Street roadway maintenance
through the duration of the agreement.
Action Required bv Council:
Consider approving an ordinance authorizing an agreement between the City of La Porte and
P uto Truck Stop, regarding truck traffic on a portion of North 8th Street.
Council A enda
d /" to
Date
ORDINANCE NO. 2010- 322()
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND FINEFAIR, INC., A TEXAS BUSINESS CORPORATION,
D/B/A PORT AUTO TRUCK STOP, REGARDING TRUCK TRAFFIC ON A PORTION OF
NORTH 8TH STREET IN THE CITY OF LA PORTE, 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 8th day of February, 2010.
By:
ATTEST:
~.~i~
City Secretary
APPROVED:
~-r~
Clark T. Askins
Assistant City Attorney
2
AGREEMENT
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This Agreement made and entered into by and between the CITY
OF LA PORTE, a municipal corporation, 604 West Fairmont Parkway, La
Porte, Harris County, Texas, 77571, hereinafter referred to as
"CITY", and FINEFAIR INC. a Texas business corporation, d/b/a PORT
AUTO TRUCK STOP, P.O. Box 806, La Porte, Harris County, Texas,
77572-0806, hereinafter referred to as "PORT",
WITNESSETH:
1. PORT is the owner of the real property at 904 West
Barbours Cut Boulevard, in the City of La Porte, Harris County,
Texas, on which it operates the business known as Port Auto Truck
Stop. PORT has requested the City to open that portion of North
8th Street, from the north right-of-way line of Barbours Cut
Boulevard, and extending north 300 hundred feet, as a designated
truck route, and allow PORT to construct a curb cut to its
property, on the west side of the designated North 8th Street
right-of-way, adjacent to PORT's property.
2. CITY has advised PORT that this portion of North 8th
Street has not been designed, built, or maintained for truck
traffic, and that truck traffic is likely to cause future
maintenance requirements for said portion of North 8th Street, if
open to truck traffic.
3. CITY has further advised PORT that opening of said
portion of North 8th Street to truck traffic, may cause
unacceptable traffic congestion problems at the intersection of
North 8th Street and Barbours Cut Boulevard, requiring CITY, in its
sole and absolute discretion,
to hereafter terminate its
designation of said portion of North 8th street as a designated
truck route, and further, requiring CITY to terminate its curb cut
authorization to PORT, on said portion of North 8th Street.
4. For and in consideration of the premises, and the mutual
covenants herein contained, the parties agree as follows:
5. CITY agrees to designate that portion of North 8th
Street, extending from the north right-of-way line of Barbours Cut
Boulevard, to a point 300 hundred feet north of the north right-of-
way line of Barbours Cut Boulevard, as a designated truck route.
CITY further agrees to issue a curb cut permit to PORT, for a
curb cut adjacent to PORT's property, on said portion of North 8th
Street, subject to PORT's ability to satisfy all permit application
prerequisites, including paYment of applicable fees.
6. PORT agrees that it shall be solely responsible for the
maintenance of the curb cut, including drainage tiles to be placed
under the curb cut, all to CITY specifications, and further, PORT
agrees to be solely responsible for the maintenance, including
paYment of all costs associated therewith, of said portion of North
8th Street, as required by CITY, and to CITY's specifications, to
sustain truck traffic, for the duration of this agreement. In the
event that property owners or lessees of properties abutting said
portion of North 8th Street, request access to said portion of
North 8th Street, for truck traffic, CITY agrees that such property
owners or lessees shall be required to execute an agreement, in
form similar to this agreement, and that this agreement shall be
amended, for shared responsibility for maintenance, among all of
the users of said portion of North 8th Street, for truck traffic,
as specified in this agreement.
2
7. This agreement shall be effective for an initial ten year
term, commencing on the 1st day of February, 2010, and terminating
on the 31st day of January, 2020, and shall automatically renew for
successive one year terms thereafter; provided, however, either
party hereto may cancel this agreement upon ninety (90) days
written notice to the other party hereto, at any time after the
expiration of the first year of the initial ten year term, on
February 1, 2011. Upon cancellation of this agreement, CITY shall
repeal its designation of said portion of North 8th Street, as a
designated truck route, and CITY shall cancel and withdraw its curb
cut permit to PORT, at which time PORT agrees to remove the curb
cut, and fence the property at the location of the curb cut.
WITNESS OUR HANDS, this the 8th
By:
{l~l/4L1/1
Ci Y Secretary
By:
FINEFAIR INC.
a Texas business
corporation
d/b/a PORT AUTO TRUCK STOP
#~'
Akbarali K. Momin
vice President
3
F
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
February 08. 2010
Source of Funds: NA
Requested By: Tim Tietiens
Account Number: NA
Department: Planninl!
Amount Budgeted: NA
Report: _Resolution: _Ordinance:_X_
Exhibits:
Ordinance amending truck routes
Truck Route Map
SUMMARY
City Council directed staff to review the feasibility of adding a portion of North 8th Street to the
truck routes to assist the owner(s) of Port Auto Truck Stop. At the January 25, 2010, City
Council workshop meeting, staff gave a presentation on the existing provisions and possible
addition of North 8th Street portion to the list of truck routes in fulfillment of the terms of a
proposed agreement with said owner(s).
Regulations such as designation and listing of truck routes are delineated in the Traffic and
Vehicles Ordinance (Chapter 70 of the Code of Ordinances) enforced by the Police Department.
An ordinance for the proposed amendment to Chapter 70, with an addition to the truck route
along a portion of North 8th Street is attached herewith.
Action Required bv Council:
Consider approving an ordinance amending Code of Ordinances Section 70-231 by adding North
8th Street, from Barbour's Cut Boulevard, to a point 300 feet north of the north right- of- way
lin Barbour's Cut Boulevard.
Council A enda
Ron Bottoms, City Manager
.lIt( )0
Date
ORDINANCE NO. 2010- ~~,
AN ORDINANCE AMENDING CHAPTER 70, RTRAFFIC AND VEHICLESR, ARTICLE
VI, RTRUCK ROUTES AND GROSS WEIGHT LIMITSR BY AMENDING SECTION 70-
231, RDESIGNATIONR, BY ADDING NORTH 8TH STREET, FROM BARBOURS CUT
BOULEVARD, TO A POINT 300 HUNDRED FEET NORTH OF THE NORTH RIGHT-OF-
WAY LINE OF BARBOURS CUT BOULEVARD, 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 FIVE HUNDRED DOLLARS, CONTAINING A REPEALING CLAUSE,
CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION OF THE
CAPTION HEREOF, 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 70, "Traffic and Vehicles", Article VI,
"Truck Routes and Gross Weight Limits",
Section 70-231,
"Designation", is hereby amended by adding thereto, the following
route, to-wit:
"Sec. 70-231. Designation.
Route
Exten t
North 8th Street
Barbours Cut Boulevard to a point 300
feet north of the north right-of-way line
of Barbours Cut Boulevard"
section 70-231, "Designation", as hereby amended, shall remain
in full force and effect.
Section 2. Any person, as defined in Section 1.07(27), Texas
Penal Code, who shall violate any provision of the ordinance, shall
be deemed guilty of a misdemeanor and upon conviction shall be
punished by a fine not to exceed Five Hundred Dollars ($500.00).
Section 3. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
Section 4. 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 5. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council 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 6. This Ordinance shall be effective fourteen (14)
days after its passage and approval. The City Secretary shall give
notice to the passage of the ordinance by causing the caption to be
published in the official newspaper of the City of La Porte at
least once within ten (10) days after the passage of the ordinance.
PASSED AND APPROVED, this 8th day of February, 2010.
By:
2
ATTEST:
t-fIlWd r/t{.tI/
a tha A. Gi lett
city Secretary
AP~
-;;~
Cl rk T. Askins
Assistant City Attorney
3
DIVISION 2. TRUCK ROUTES
Sec. 70-231. Designation.
For the purposes of this division, those streets and thoroughfares within the corporate limits of
the city which are enumerated as follows are hereby designated as truck routes:
TABLE INSET:
Route Extent
State Highway 225 Entire extent within corporate limits
New State Highway Entire extent within corporate limits
146
Barbours Cut New State Highway 146 east to corporate limits
Boulevard
16th Street Barbours Cut Boulevard south to Fairmont Parkway
Fairmont Parkway New State Highway 146 to west corporate limits
West Main Street New State Highway 146 to west corporate limits
North 23rd Street North Avenue C to West Main Street
Underwood Road Entire extent within corporate limits
Powell Road (S. 16th Fairmont Parkway south to 1700 block of Powell Road
Street)
Export Drive From South 16th Street To State Highway 146
South 16th Street From south of Export Drive to Wharton Weems Blvd. and McCabe
Road connecting with State Highway 146.
North Broadway From north of Barbour's Cut Blvd. To North 'L' Street.
North 'L' Street From west of North Broadway To North 6th Street
North'J' Street From North 6th Street To west connecting with State Highway 146.
North E Street From North 16th Street to eastern ROW ofU.P.R.R.
North 8th Street From Barbour's Cut Blvd. to a point 300 feet north of the north
right-of-way line of Barbour's Cut Blvd.
(Code 1970, S 25-81; Ord. No. 1792, S 1(25-81), 10-28-91; Ord. No. 97-2172, S 1,4-14-97)
Sec. 70-232. Use required generally.
No person shall operate a truck, truck tractor, semitrailer or container_upon any roads, avenues,
streets or thoroughfares within the corporate limits of the city except on those which are
designated as truck routes in section 70-231, and subject to the gross weight limits established by
division 3 of this article. Neither shall any person operate a heavy truck travelling through the
city, with no origin or destination within the city, except on limited access state highways, i.e.
State Highway 225 and State Highway 146.
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---_.,~
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 8, 20 10
Budeet
Requested By: Ron Bottoms
Source of Funds:
Department:
Administration
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Settlement Agreement
Amount Requested:
Exhibits:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
Attached is the settlement agreement with Debra Taylor that we've previously discussed in executive session.
.t/s~
Date
CAUSE NO. 932-726
DEBRA TAYLOR d/b/a ~ IN COUNTY COURT OF
SAM & DAVE'S, ~
S
Plaintiff, S
S
v. S AT LAW NO. I
S
S
THE CITY OF LA PORTE, S
TEXAS S
Defendant. S HARRIS COUNTY, TEXAS
Settlement Aereement
Plaintiff Debra Taylor and Defendant City of La Porte, Texas (collectively "parties")
hereto agree that this lawsuit and all claims and controversies between them are hereby settled in
accordance with the following terms of this Settlement Agreement:
I) The parties acknowledge that bona fide disputes and controversies exist between them, both
as to liability and the amount thereof, if any, and by reason of such disputes and
controversies they desire to compromise and settle all claims and causes of action of any kind
whatsoever which the parties have or may have arising out of the transaction or occurrence
which is the subject of this litigation. It is further understood and agreed that this is a
compromise of a disputed claim, and nothing contained herein shall be construed as an
admission of liability by any party, all such liability being expressly denied.
2) Each signatory hereby warrants and represents that:
a) Such person has authority to bind the party or parties for who such person acts.
SETTLEMENT AGREEMENT BETWEEN
DEBRA TAYLOR AND LA PORTE - PAGE 1
b) The claims, suits, rights, and/or interests which are the subject matter hereto are owned
by the party asserting same, have not been assigned, transferred or sold, and are free of
any encumbrance.
3) The consideration to be given for this settlement is as follows:
a) Debra Taylor and the Evetts Law Firm shall receive the total sum of $16,000.00 U.S.
Dollars, for payment of attorneys' fees. Payment of said amount shall take place on
February 9, 2010, after the approval of this settlement agreement by the La Porte City
Council, which sum will be paid by the following parties in the amounts stated: By the
City of La Porte, Texas to Debra Taylor for $6,000 (for fees she has already paid to her
attorneys) and to the Evetts Law Firm, for $10,000 (Taylor's outstanding attorneys' fees).
b) The City of La Porte agrees to a permanent injunction that precludes the City of La Porte
from enacting any ordinance or enforcing any ordinance which constitutes an outright
ban on any amusement redemption machine.
c) Debra Taylor agrees she will not file a lawsuit, or otherwise pursue a legal challenge in a
court of law, to the City of La Porte's ordinances providing for collection of yearly
registration fees on coin-operated machines, as currently established in Chapter 10 of the
CITY OF LA PORTE CODE OF ORDINANCES, to the extent the amount of the fees collected
per machine on an annual basis, is for the purpose to offset the administrative cost of
processing all applications for the display, and payment of occupational tax on, coin-
operated machines, and not for the purpose of raising revenue.
4) The above-styled and numbered case shall be resolved by:
a) An agreed order of dismissal with prejudice with costs taxed to the party incurring the
same.
SETTLEMENT AGREEMENT BETWEEN
DEBRATAYLORANDLAPORTE-PAGE2
5) The parties hereby agree to release, discharge, and forever hold the other harmless from any
and all claims, demand, or suits, known or unknown, fixed or contingent, liquidated or
unliquidated, whether or not asserted in the above case, as of this date, arising from or related
to the events and transactions which are the subject matter of this cause.
6) Other terms of this settlement are:
a) This settlement pertains only to legal claims brought by Debra Taylor against the City of
La Porte, Texas, in the above styled and numbered cause.
b) The City of La Porte reserves the right to amend any and all ordinances regulating coin-
operated machines, to the extent such amendments are not inconsistent with state law.
c) Counsel for the City of La Porte will present this formal settlement agreement to the La
Porte City Council for formal consideration on February 8, 2010.
7) Counsel for the City of La Porte shall deliver drafts of any further documents to be executed
in connection with this settlement to counsel for the other parties hereto within 7 days from
the date hereof. The parties and their counsel agree to cooperate with each other in the
drafting and executing of such additional documents as are reasonably requested or required
to implement the provisions and spirit of this Settlement Agreement, but notwithstanding
such additional documents the parties confirm that this is a written settlement agreement as
contemplated by Section 154.071 of the Texas Civil Practice and Remedies Code.
8) The Agreement is made and performable in Harris County, Texas and shall be construed in
accordance with laws of the State of Texas.
9) If one or more disputes arise with regard to the interpretation and or/performance of this
Agreement or any of its provisions, the parties agree to attempt to resolve same with J.
Marcus Hill, the Mediator who facilitated the mediation. If the parties cannot resolve their
SETTLEMENT AGREEMENT BETWEEN
DEBRATAYLORANDLAPORTE-PAGE3
differences by telephone conference, then the parties agree to schedule one day of mediation
with him as soon as possible to resolve the disputes. If litigation is brought to construe or
enforce this Agreement, the prevailing party shall be entitled recover attorney's fees as well
as costs and expenses, including the cost of mediation.
10) Although the Mediator has provided a basic outline of this Agreement to the parties' counsel
as a courtesy to facilitate the final resolution of this dispute, the parties and their counsel
have thoroughly reviewed such outline and have, where necessary, modified it to conform to
the requirements of their agreement. All signatories to this Agreement hereby released the
Mediator from any and all responsibility arising from drafting of this Agreement.
11) Each signatory to this settlement has entered into same freely and without duress after having
consulted with professionals of his or her choice.
AGREED TO THIS
Q +Jt.
{7 DAY OF FEBRUARY 2010 .
Plaintiff Debra Taylor
By: lfi /IL --r-------
By: ~~porte. Texas
Approved as to form:
-n1d tf. ~t4 --"
COUNSELFORPLAThIT~
Mark A. Evetts
A~:r~
COUNSEL FOR DEFENDANT
Clark T. Askins
SETTLEMENT AGREEMENT BETWEEN
DEBRA TAYLOR AND LA PORTE-PAGE4
,-
7
-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Februa~ 8. 2010
Requested By: Mayor Barry Beas ey
Appropriation
Source of Funds:
Department:
City Council
Account Number:
Report:
Resolution:
Ordinance:X
Amount Budgeted:
Amount Requested:
Exhibits: Ordinance
Exhibits: Election Reports
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
City Council to approve an ordinance declaring results of the City of La Porte Special Election held on January 30,
2010.
;/<1[">
Date
ORDIHANCB NO. 201.0- 3aclJ.
AN ORDr.HANCB DBCLARING TBB RBSULTS OP A SPBCIAL BLBCTION HBLD IN
THE CITY OP LA PORTB ON JANUARY 30, 2010, POR THB BLBCTION OP A
COUlfCILPBRSOH-AT-LARGB--POSITION A, PROVIDr.HQ DATBS AND HOURS POR
RUNOPP BLBCTION, AND EARLY VOTDlG POR SAIIB, PIlfDING COJlPLIAHCB WITH
THB OPBN KBBTDlGS LAW, AND PROVIDING AN BPPBCTIVB DATE HBRBOP.
WHEREAS, there was held in the City of La Porte on the 30th
day of January, 2010, an election for the purpose of electing a
Councilperson-at-Large--Position A; all in accordance with Section
8.10 of the Home Rule Charter of the City of La Porte; and
WHEREAS, there were cast at said election for the fOllowing
listed persons the number of votes opposite their respective names:
COUNCILPBRSON-AT-LARGB--POSITION A
Abraham Rosa 46
David L. Janda, Jr. 485
John P. Zemanek, Jr. 514
as shown in the official election returns heretofore delivered by
the Election Manager and officials to the Mayor and City Council of
the City of La Porte and submitted to the City Council.
NOW TBBRBPORE, BE IT ORDAIHBD BY THB CITY COUNCIL OP THB CITY
OP LA PORTB.
Section 1.
That said election was duly called and notice
thereof given in accordance with law; that said election was held
in the manner required by law; that due returns of said election
have been made by the proper officers; that said returns have been
canvassed by the City Council of the City of La Porte; and that no
candidate received a majority of the votes cast at said election.
Section 2.
A runoff election shall be held within the
corporate limits of the City of La Porte, Texas, on the 27th day of
February, 2010, between 7:00 o'clock A.M. and 7:00 o'clock P.M.,
for the purpose of electing a councilperson-at-Large--position A,
for a term expiring May, 2010.
Section 3. Early Voting by personal appearance shall begin on
12th day and continue through the 4th day preceding the day of
election. Early Voting by mail shall begin on the 18th day
preceding the date of the election as soon thereafter as ballots
are available, and shall continue until 7:00 P.M. on election day.
Early Voting shall be conducted by a clerk for Early Voting,
namely, Martha A. Gillett, and the place at which the Early voting
shall be conducted is designated as the La Porte City Hall, 604
West Fairmont Parkway, La Porte, Texas, to which address ballot
applications and ballots posted by mail may be mailed. Early
voting by personal appearance shall be conducted on the weekdays of
the Early Voting period, from 8:00 a.m. to 5:00 p.m., except
Wednesday, February 17, 2010, and Tuesday, February 23, 2010, from
7:00 a.m. to 7:00 p.m.; and on Saturday, February 20, 2010, from
8:00 a.m. to 5:00 p.m.
Section.. 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 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 effective from and after
its passage and approval, and it is so ordered.
2
PASSED AND APPROVED, this 8th day of February, 2010.
By:
ATTEST &
~~
tUrLltL tI fUI/
~a A. Gillet
city Secretary
APPR~.tJ~
Knox W. AskJ.ns
City Attorney
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A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
February 8. 2010
Appropriation
Requested By: Michael G. Dolbv. Director of Finance
Source of Funds: N/A
Department: FINANCE
Account Number: N/A
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Drainage proiects
Amount Requested:
N/A
Exhibits:
Drainage Table
Budgeted Item:
Exhibits:
SUMMARY & RECOMMENDATION
During budget workshops, staff discussed with council the opportunity to pursue debt issuances
for drainage, community/ convention center, public works improvements and parks
improvements.
We anticipate issuing debt during the spring of 2010. On November 9, 2009, council passed a
reimbursement resolution to reimburse ourselves for drainage expenditures made prior to bond
issuance. Consequently, we are concentrating on drainage and anticipate the ability to issue
$6,010, 000 dollars for the drainage projects. Projects that we anticipate using these funds for
include:
Brookglen detention: $l.2M
Brookglen channel improvements: $2.5M
Fleetwood improvements: $2.0M
Northside diversion pond: $7.3M
B106-05 (Lomax) channel improvements: $1.7M
In addition to the new issue, we anticipate refunding the following issues:
GO Bonds Series 2000
CO Bonds Series 2000 (EDC)
GO Bonds 1998
Total Savings
Savings of $100, 423
Savings of$ 79,415
Savings of $32.111
$211,949
La Porte Area Water Authority Contract Revenue Bonds
Savings $166,380
ol/~ ~e)
Date
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Februarv 8. 2010
Appropriation
Requested By:
Susan Cream
Source of Funds:
N/A
Department:
Finance/Purchasing
Account Number:
Report:
Amount Budgeted:
Resolution:
Ordinance:
Exhibits:
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Currently, our solicitations to vendors do not include any wording requiring documentation of workers or exclusion of illegal
immigrants working for contractors or subcontractors. Our documents simply include a general statement requiring vendors
to comply with all applicable laws.
I e-mailed eleven surrounding cities and counties with only four replies. Three cities responded they use a general statement
pertaining to laws and statutes similar to the City of La Porte. The City of Pasadena includes a statement referencing the
Immigration Reform and Control Act. I broadened the research to the National Institute of Governmental Purchasing (NIGP)
list server and received several responses, varying from short, very long, to affidavits that required notary signature.
The following Protection of Resident Workers stood out as simple, uncomplicated, and stated in a positive manner. In
addition, it includes a statement to add in the event federal funds are used.. The statement also mentions E-Verify, an easily
accessible website for employers to determine eligibility of employees to work in the United States.
Protection of Resident Workers. The City of La Porte, Texas actively supports the Immigration and Nationality Act (INA)
which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the
INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and
aliens authorized to work in the U.S. The employer must verifY the identity and employment eligibility of anyone to be hired,
which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate
procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any
worker who is not legally eligible to perform such services or employment.
ADD FOR FEDERAL FUNDED
For federally funded contracts these procedures require the contractor to enroll in and use E-VerifY as directed by Executive
Order 13465 to verifY the employment of (i) All persons hired during the contract term by the contractor to perform
employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United
States on the Federal contract. This requirement flows down to all subcontractors with subcontracts in excess of$3,000.
Should Council decide to pursue this effort, an action item will be placed on the agenda for the next meeting. If approved,
the wording would be added to our Instructions to Bidders and included with all solicitations. In addition, it may be added to
the website under the Purchasing page.
l(rJ /to
Date
c
-'-~~-------
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 8, 2010
Requested By: Stacey Osborne
Department: CMO
ADDroDriation
Source of Funds: SOURCE
Account Number:
Report: _ Resolution:
Ordinance:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
Exhibits: PowerPoint Presentation
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
In our Economic Development Strategic Plan, the City of La Porte has been advised that we should concentrate on
retail and tourism as economic development targets. To attract retail and tourism to our area, we need additional
incentives, and tax abatements are one incentive we can offer. In addition to being appealing to new businesses, tax
abatements are also an incentive we can structure in such a way that we will attract the retail and tourism industries
we need in this community.
The City of La Porte is fortunate to be situated in a location that is ideal for manufacturing and warehousing. With
our close proximity to the Port of Houston, rail lines, and major freeways, we do not have a problem attracting
businesses in those two industries. Our challenge, from an economic development standpoint, is attracting the retail
and tourism industries, and to that end we need some help to push us ahead of our competition. The City of La Porte
is considering a tax incentive package that will allow us to welcome the industries that are already coming to our
area because of our location, but also to provide a generous incentive to the types of businesses that are lacking in
our area.
Staff has created a tax abatement proposal targeted to three different categories of business:
warehouse/transportation, manufacturing, and retail/office. For each of those categories, we propose that we offer
incentives at rates that will heavily favor businesses in the retail and office industries. To qualifY for tax abatements,
businesses in all three categories must provide a minimum capital investment of $5 million and be located within the
limits of the City of La Porte. The abatements for all three categories would be applied to property taxes, and would
be averaged over five years. The rebates for the different categories would be as follows:
Warehouse/transportation: 10% for rail-served facilities and I % for non-rail facilities
Industry 10%
Retail/Office (at least 50,000 sf): 12.5% - 50%, depending upon the square footage of the building space
In addition, we would consider offering 380 agreements to businesses that are of particular interest to our area.
We feel that this tax abatement package would provide an attractive incentive to the types of businesses we wish to
attract to the City of La Porte, and would help us meet our economic development objectives.
.---.....--.--."""^--------
Action Required bv Council:
Provide direction to staff.
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-----------^---------^-^--^--^---^ - -
CITY COUNCIL DRAINAGE REPORT
February 8, 2010
Klotz Design and Contract Construction
. Design of Sheet Flow Relief Structure Improvements to Creekmont. Fairmont Park West,
Brookglen and Fairmont Park East. Bidding documents have been reviewed. First phase
of flume construction scheduled to begin by late February for 9 flumes (4 along Bl12
main stem only, and 5 others in Fairmont West, Fairmont East, Creekmont and Glen
Meadows). Owner meetings have occurred, notification updates have been sent.
Valleybrook and Creekmont designs have been received, adjustments are necessary for
angle of channel intersection. Easements have been requested.
· Draina~e Study of Brookglen. Determined three phased approach was used for 2009
SRL program. Have received list of homes included in 2009 and proposed 2010 buyout
programs. We provided recommendations to HCFCD regarding priority properties, based
upon slab elevations and neighborhood integrity while taking into account effect of
proposed improvements.
Consultant is beginning design work for proposed detention facilities. Consultant will
produce preliminary engineering reports and models based upon associated channel
improvements proposed; will design detention systems with appropriate alternates and
obtain approvals; and will conduct bid and construction phase processes.
· Fairmont Park East - Fleetwood Drive. Impact analysis has been submitted to HCFCD.
Continuing effort on the preliminary design of the Fleetwood Dr. vertical profile. By-
weekly meetings have been held with the consultant to review progress on the
Preliminary Engineering Report. The draft report was submitted in late January, with the
final report due in February. A date for the next Drainage and Flooding Committee
meeting may be suggested at the first Council Meeting in February.
In-House Design and Construction of City-initiated Proiects.
· South La Porte Bay Outfalls. The plans and specifications for the Oakhurst Outfall have
been furnished to Harris County for implementation. The County has not furnished a
time line for bidding.
The Contractor has completed installation of a new outfall in the Pine Bluff subdivision
at the Pine Bluff Pocket Park. This Park was damaged by Hurricane Ike, and restoration
has been on hold until the new outfall is completed.
· F-216 Regional Detention Proiect. Clearing of F-216 regional detention is underway.
First phase of excavation is approximately 25% complete. Corps of Engineers permit is
pending, and water quality certification has been received.
· Coordination with Harris County. - No activity this month.
In-House Drainage Maintenance Activities.
. Bav Colony. Construction completed to lower the outfall to the Bay to accommodate
proposed improvements. Personnel have begun improvements to East end of Bay Colony
Lowered (2') and reset approximately 80 LF of 30" Outfall pipe.
Removed old Type "E" inlet box and set new 5 x 5 Grated J-Box 2' lower to
accommodate longer runs of lateral collection pipes.
Set two Safety End Treatments (SET)
Reset 3 driveway culverts to proper grade to allow for proper storm runoff.
Begun clean out and haul off of spoils from East end of Bay Colony gravity ditches to
reestablish flow lines.
. North and South Shady Lane. City has mailed a letter to the resident at the east end ofN.
Shady Lane regarding a question about R-O-W abandonment for the proposed outfall.
City Engineer will reexamine the recently installed crossover pipe on eastern portion of
South Shady Lane to ensure that the installation did not cause adjacent residents to
experience drainage problems (email from affected resident). Additionally, staff is
investigating the outfall on Broadway into the Bayport Channel to determine if the outfall
can be reestablished below the existing pipelines to drain the southwestern portion of this
subdivision directly to Bayport.
· Harris County Precinct 2. Meeting with John Saavedra and Precinct 2 Staff occurred in
Late January regarding drainage issues on County Roads within La Porte. The County
agreed to coordinate their current efforts with La Porte's on several projects, including
East Main/Lobit, South 8t\ North L Street, North and South 16th, Park and Bayshore.
· In-Fill Drainage. Cleaned ditches in various areas of the city. Currently concentrating in
the area bounded by South 8th, Main, Broadway and Fairmont Parkway. Inspected and
cleaned underground storm sewer system on Main Street from 6th to SH146.
· Total drainage maintenance comvleted in August
Cleaning of Ditches
Resetting culverts
Inlet installation/repairs
Culvert Maintenance/cleaning
5,724 LF
460 LF
9Ea
1,482 LF