HomeMy WebLinkAbout2010-4-26
MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
APRIL 26, 2010
1. Call to order
The meeting was called to order by Mayor Barry Beasley at 6:00 p.m.
Members of City Council Present: Councilmembers Louis Rigby, Tommy Moser, Daryl
Leonard, John Zemanek, Mike Clausen, Mayor Pro Tem John Black, Mike Mosteit, Chuck
Engelken and Mayor Barry Beasley
Members of Council Absent: None
Members of City Executive Staff and City Employees Present:
City Manag~r's Office: Ron Bottoms, Stacey Osborne and John Joerns
Legal: Clark Askins
City Secretary's Office: Martha Gillett
Public Works: Steve Gillett
Planning: Tim Tietjens, Masood Malik, Debbie Wilmore, Brian Sterling and Isaac
Rodriquez
Police Department: Ken Adcox, Clarence Anderson and Chris Paige
Parks and Recreation: Stephen Barr
Finance: Michael Dolby
Human Resources: Heather Weger
Others Present: Ted Powell, Adam Yanelli of the Bayshore Sun, Kathryn Aguilar, Dottie
Kaminski, Phillip Hoot, Gary Nixon, Vernon Johnson, Heavy Fed Gilliam, Mike Grindel,
Anthony Villarreal, Leslie Guzman, Doug and Cindy Longren, Patricia Ayers, David Janda,
Wes McAnaly, Lou Ann Martin, Mark Follis, Colleen Hicks, Anita Willis, William T.
Manning, Jr., Paul Chavez, Chuck Rosa, Mrs. Rosa and other citizens.
2. The Invocation was to be given by Father Gary Rickles - S1. Mary's Catholic Church
The Invocation was given by Mayor Pro Tem John Black due to the absence of Father
Gary Rickels.
3. Councilman John Zemanek led the Pledge of Allegiance.
4. Presentations/Proclamations
A. Vernon Johnson Representative for the Strawberry Festival provided an overview of
the upcoming Strawberry Festival May 14 through May 16, 2010.
B. Judge Denise Mitrano, Mayor Barry Beasley and Steve Gillett received an award for
"Best in Construction Award" to Turner Construction for the construction of the
Municipal Court Building. Mike Grindel of Turner Construction presented the award.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on April 26, 2010
2
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 and Workshop
Meeting held on April 12, 2010 and minutes of the City Council Retreat held on April 10,
2010- M. Gillett
B. Council to consider approval or other action regarding an ordinance amending City of La
Porte 2009-2010 Budget (Ord. 3235) - M. Dolby
C. Council to consider approval or other action to approve an ordinance codifying the Flood
Damage Prevention Ordinance in Chapter 94 "Floods" of the Code of Ordinances (Ord.
3236) - T. Tietjens
D. Council to consider approval or other action authorizing the City Manager to enter into an
Industrial District Agreement (2007-IDA-120), a Water Service Agreement, and Sanitary
Sewer Service Agreement with Bayport North, LLC. (Ord. 3237) - T. Tietjens
Assistant City Attorney Clark Askins read the following agenda captions:
Ordinance 3235 - 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.
Ordinance 3236 - AN ORDINANCE AMENDING CHAPTER 94 "FLOODS", ARTICLE II
"FLOOD HAZARD REDUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, TEXAS, TO CODIFY FLOOD DAMAGE PREVENTION ORDINANCE;
CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE;
CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINDED IN AN AMOUNT NOT
TO EXCEED TWO THOUSAND DOLLARS, WITH EACH DAY CONSTITUTING A
SEPARATE OFFENSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 2007-IDA-120- AN ORDINANCE AUTHORIZING THE EXECUTION BY THE
CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH BA YFRONT
NORTH LLC, A TEXAS CORPORATION FOR THE TERM COMMENCING JANUARY 1,
2008, 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 HEREOF.
Ordinance 3237 AN ORDINANCE APPROVING AND AUTHORIZING A WATER
SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN
THE CITY OF LA PORTE AND BAYPORT NORTH, LLC; MAKING VARIOUS FINDINGS
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on April 26, 2010
3
AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Leonard to approve the consent aqenda with an
amendment to the Meetinq Minutes showinq Mayor Barry Beasley callinq the meetinq to
order. Second by Councilmember Mosteit. Motion carried.
Ayes: Engelken, Rigby, Moser, Leonard, Clausen, Mayor Pro Tem Black, Zemanek,
Mosteit 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)
Phillip Hoot - 927 Seabreeze - addressed Council concerning a Dog Park at Old Happy
Harbor and Klein Retreat properties. He provided Council with a handout indicating an
estimated cost to do the project.
Anthony Villareal - 3903 Baracuda Ln. - addressed Council regarding Port of Houston
concerns with residents in the south end of town. He had questions regarding fine
amounts.
Leslie Guzman - 403 N. Shady Lane - addressed Council and asked for help with Port of
Houston noise and pollution omissions in the South end of town. In addition, she inquired
if they would be eligible for the same program that citizens living near the Barbours Cut
Terminal received. She also suggested the City files be better organized for public review.
Gary Nixon - asked City officials to get involved with Port of Houston matters to help
citizens with Port issues affecting the residents in the south end of town. He also asked for
assistance with 4-wheelers and motorcycles speeding on North and South Shady Lane.
Patricia Ayers - 3807 Sailfish Lane - addressed Council with concerns with the Port of
Houston and residents in the south end of town.
Ted Powell - 1700 Roscoe - addressed Council with concerns regarding recent
discussions about internal audits at the City Council Retreat.
Kathryn Aguilar - 3119 Fondren - addressed Council with concerns regarding recent
discussion about internal audits at the City Council Retreat. She informed Council she
would still like to see a real estate forensic audit on the matters she is currently questioning
about real estate transaction involving the Five Points Project.
Mayor Pro Tem Black left the table during the discussion and action on item 7.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on April 26, 2010
4
7. Council to consider approval or other action amending Chapter 66, "Taxation", of the Code
of Ordinance of the City of La Porte by adopting new Guidelines and Criteria Governing
Tax Abatement Agreements by the City of La Porte (Ord. 3245) - S. Osborne
Economic Development Main Street Coordinator presented summary and
recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read ordinance 3245, AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY REPEALING ARTICLE V
"GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS BY THE
CITY OF LA PORTE", SECTIONS 66-140 THROUGH 66-151 INCLUSIVE, AND
REPLACING WITH NEW ARTICLE V "GUIDELINES AND CRITERIA GOVERNING TAX
ABATEMENT AGREEMENTS BY THE CITY OF LA PORTE", SECTIONS 66-140
THROUGH 66-151 INCLUSIVE, FOR THE PURPOSE OF ADOPTING NEW
REGULATIONS FOR TAX ABATEMENT AGREEMENTS WITH THE CITY OF LA
PORTE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Mosteit to approve the ordinance as amended.
Second by Councilmember Clausen. Motion carried.
Amendments included ordinance number, 3 million dollars and minor grammatical
changes.
Ayes: Mosteit, Engelken, Clausen, Leonard and Mayor Beasley
Nays: Moser, Rigby and Zemanek
Abstain: Mayor Pro Tem Black not present for the vote.
Absent: None
8. Council to consider approval or other action authorizing an Agreement with Bay Area
Houston Economic Partnership to provide economic development services - S. Osborne
Economic Development/Main Street Coordinator Stacey Osborne presented summary and
recommendation and answered Council's questions.
Motion was made by Councilmember Moser to deny the a(:lreement approval and (:live the
funds to the Chamber of Commerce. Second by Councilmember Zemanek
Ayes: Zemanek, Leonard, Moser
Nays: Mosteit, Engelken, Mayor Pro Tem Black, Rigby, Clausen and Mayor Beasley
Abstain:
Absent:
City Attorney advised this motion could not be made because the agenda was not posted
to discuss or act on funds to be given to the Chamber of Commerce.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on April 26, 2010
5
Motion was made by Mayor Pro Tem Black to authorize an Aqreement with Bay Area
Houston Economic Partnership to provide economic development services as presented
by Ms. Osborne. Second by Councilmember Clausen. Motion carried.
Ayes: Engelken, Rigby, Clausen, Mayor Pro Tem Black, Mosteit and Mayor Beasley
Nays: Zemanek, Leonard and Moser
Abstain: None
Absent: None
Councilmember Moser stated he would like to see a quarterly report from them showing
the results of their efforts to ensure accountability.
9. Consider approval or other action changing City Council meeting dates in the month of
May 2010 - M. Gillett
City Secretary Martha Gillett presented summary and recommendation and answered
Council's questions.
Motion was made by Councilmember Enqelken to chanqe City Council Meetinq dates in
the month of May 2010 to May 10th and May 17th as presented by Ms. Gillett. Second by
Councilmember Mosteit. Motion carried unanimously.
Ayes: Engelken, Rigby, Moser, Leonard, Clausen, Mayor Pro Tem Black, Mosteit
Zemanek and Mayor Beasley
Nays: None
Abstain: None
Absent: None
10. Council to consider approval or other action authorizing an agreement between the City of
La Porte and Kraftsman Playground and Park Equipment, to provide and install a
sprayground/playground with circulation system for Brookglen Park - S. Barr
Motion was made by Councilmember Enqelken to authorize an aqreement between the
City of La Porte and Kraftsman Playqround and Park Equipment. to provide and install a
sprayqround/playqround with circulation system for Brookqlen Park as presented by Mr.
Barr. Second by Councilmember Riqby. Motion carried unanimously.
Ayes: Engelken, Rigby, Moser, Leonard, Clausen, Mayor Pro Tem Black, Mosteit
Zemanek and Mayor Beasley
Nays: None
Abstain: None
Absent: None
11. Public Hearing - Council to conduct a Public Hearing to discuss recommendation of
Planning and Zoning Commission to approve Rezone Request #R10-001 for the property
located east side of Driftwood Drive from (R-3) to (R-1) - T. Tietjens
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on April 26, 2010
6
Open Public Hearing - Mayor Beasley opened the Public Hearing at 7:21 p.m.
Planning Director Tim Tietjens presented summary and overview.
Public Comments: There were no public comments.
Mayor Beasley closed the Public Hearing and reconvened Regular Meeting at 7:23 p.m.
12. Assistant City Attorney Clark Askins read Ordinance 3238, AN ORDINANCE AMENDING
CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY CHANGING THE ZONING CLASSIFICATION FROM HIGH DENSITY
RESIDENTIAL (R-3) TO LOW-DENSITY RESIDENTIAL (R-1) FOR THE PROPERTIES
LOCATED TO THE EAST OF DRIFTWOOD DRIVE, HEREIN DESCRIBED, BEING
FAIRMONT PARK EAST, SECTION 6; LOTS 1-35, BLOCK 44; LOTS 1-22, BLOCK 45;
AND LOTS 1-25, BLOCK, 46 AND RES-DET., SECTION 7; LOTS 1-19, BLOCK 40; LOTS
1-10, BLOCK 41; LOTS 1-24, BLOCK 42; AND LOTS 1-15, BLOCK 43, SECTION 8;
LOTS 1-18, BLOCK 36; LOTS 1-10, BLOCK 37; LOTS 1-18 BLOCK 38; AND LOTS 1-10,
BLOCK 39; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
Motion was made by Councilmember Clausen to approve ordinance 3238 as presented by
Mr. Tietiens . Second by Councilmember Leonard. Motion carried unanimously.
Ayes: Engelken, Rigby, Moser, Leonard, Clausen, Mayor Pro Tem Black, Mosteit,
Zemanek and Mayor Beasley
Nays: None
Abstain: None
Absent: None
13. Public Hearing - Council to conduct a Public Hearing to discuss recommendation of
Planning and Zoning Commission to approve Rezone Request #R10-002 for the property
located along Spencer Hwy. & North D. Street (R-3) to (R-1) - T. Tietjens
Open Public Hearing - Mayor Beasley opened the Public Hearing at 7:25 p.m.
Planning Director Tim Tietjens presented summary and overview.
Public Comments: There were no public comments.
Mayor Beasley closed the Public Hearing and reconvened Regular Meeting at 7:27 p.m.
14. Assistant City Attorney Clark Askins read Ordinance 3239, AN ORDINANCE AMENDING
CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY CHANGING THE ZONING CLASSIFICATION FROM HIGH DENSITY
RESIDENTIAL (R-3) TO LOW-DENSITY RESIDENTIAL (R-1) FOR THE PROPERTIES
IN SPENCER LANDING SUBDIVISION, HEREIN DESCRIBED, BEING SECTION 1;
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on April 26, 2010
7
LOTS 1-13, BLOCK 1 AND LOTS 1-8, BLOCK 2, PT. DET. RES.A, SECTION 2; LOTS 1-
15, BLOCK 1 AND LOTS 1-9, BLOCK 2, PT. DET. RES.A, AND SECTION 4; LOTS 1-34,
BLOCK 1, MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW AND PROVIDING AN
EFFECTIVE DATE HEREOF;
Motion was made by Councilmember Moser to approve ordinance 3239 as presented by
Mr. Tietiens . Second by Councilmember Leonard. Motion carried unanimously.
Ayes: Engelken, Rigby, Moser, Leonard, Clausen, Mayor Pro Tem Black, Mosteit,
Zemanek and Mayor Beasley
Nays: None
Abstain: None
Absent: None
15. Public Hearing - Council to conduct a Public Hearing to discuss recommendation of
Planning and Zoning Commission to approve Rezone Request #R10-003 for property
located east of Bay Area Boulevard and west of Union Pacific Railroad (UPRR) and north
of Fairmont Parkway, from BI and HI to PUD - T. Tietjens
Open Public Hearing - Mayor Beasley opened the Public Hearing at 7:28 p.m.
Planning Director Tim Tietjens presented summary and overview.
Public Comments: Phillip Hoot - 927 Seabreeze - noted concerns if people were to live
near PPG due to hazardous materials.
Mayor Beasley closed the Public Hearing and reconvened Regular Meeting at 7:33 p.m.
16. Assistant City Attorney Clark Askins read Ordinance 3240, AN ORDINANCE AMENDING
CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY CHANGING THE ZONING CLASSIFICATION FROM BUSINESS
INDUSTRIAL (BI) AND HEAVY INDUSTRIAL (HI) TO PLANNED UNIT DEVELOPMENT
(PUD) FOR THE PROPERTIES LOCATED IN THE RICHARD PEARSALL SURVEY,
HEREIN DESCRIBED; BEING TRS 1, 2A, 2B, 3,4, 4A, AND 230, MAKING CERTAIN
FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW AND PROVIDING AN EFFECTIVE DATE HEREOF;
Motion was made by Councilmember Mosteit to approve ordinance 3240 as presented by
Mr. Tietiens . Second by Councilmember Clausen. Motion carried.
Ayes: Engelken, Rigby, Moser, Clausen, Mayor Pro Tem Black, Mosteit, Zemanek and
Mayor Beasley
Nays: Leonard
Abstain: None
Absent: None
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on April 26, 2010
8
17. Public Hearing - Council to conduct a Public Hearing to discuss recommendation of
Planning and Zoning Commission to amend the Code of Ordinances of the City of La
Porte, Chapter 106 "Zoning, related to regulation of on and off premise signs within the
Main Street District Overlay - T. Tietjens
Open Public Hearing - Mayor Beasley opened the Public Hearing at 7:34 p.m.
Planning Director Tim Tietjens presented summary and overview.
Public Comments: Bill Manning, Jr. - 11527 N. Ave. H - noted concerns with the sign
ordinance.
Mark Follis - 831 S. 7th - noted concerns with the sign ordinance.
Mayor Beasley closed the Public Hearing and reconvened Regular Meeting at 7:43 p.m.
18. Motion was made by Council member Moser to table Public Hearinq and action item until
the first meetinq to be held on June 14, 2010. Second by Councilmember Zemanek.
Motion carried unanimously.
Ayes: Engelken, Rigby, Moser, Leonard, Clausen, Mayor Pro Tem Black, Mosteit,
Zemanek and Mayor Beasley
Nays: None
Abstain: None
Absent: None
19. Public Hearing - Council to conduct a Public Hearing to discuss recommendation of
Planning and Zoning Commission to amend the Code of Ordinances Chapter 106 "Zoning,
related to maximum allowable lot coverage for single-family detached dwellings - T.
Tietjens
Open Public Hearing - Mayor Beasley opened the Public Hearing at 7:55 p.m.
Planning Director Tim Tietjens presented summary and overview.
Public Comments: Phillip Hoot - 927 Sea breeze - noted concerns with approval of this
item due to drainage issues.
Mayor Beasley closed the Public Hearing and reconvened Regular Meeting at 8:12 p.m.
20. Assistant City Attorney Clark Askins read Ordinance 3242 AN ORDINANCE AMENDING
CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY AMENDING ARTICLE III. "DISTRICTS" DIVISION 2, "RESIDENTIAL
DISTRCT REGULATIONS", SUBDIVISION I, "GENERALLY", BY AMENDING SECTION
106-333, "TABLE B, RESIDENTIAL AREA REQUIREMENTS", BY ADDING NEW
FOOTNOTE 20, REGARDING MAXIMUM LOT COVERAGE FOR SINGLE-FAMILY
DWELLINGS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on April 26, 2010
9
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMEND GUILTY OF A MISDEMEANOR UPON CONVICTION SHALL BE FINDED IN
A SUM NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE
HEREOF;
Motion was made by Councilmember Enqelken to approve ordinance 3242 as presented
by Mr. Tietiens . Second by Councilmember Rigby. Motion carried unanimously.
Ayes: Engelken, Rigby, Moser, Leonard, Clausen, Mayor Pro Tem Black, Mosteit,
Zemanek and Mayor Beasley
Nays: None
Abstain: None
Absent: None
21. Public Hearing - Council to conduct a Public Hearing to discuss recommendation of
Planning and Zoning Commission to amend the Code of Ordinances of the City of La
Porte, Chapter 106 "Zoning, pertaining to regulation of landscaping, tree preservation, tree
replacement, and establishment of tree fund - 1. Tietjens
Open Public Hearing - Mayor Beasley opened the Public Hearing at 8:13 p.m.
Planning Director Tim Tietjens presented summary and overview.
Public Comments: There were no public comments.
Mayor Beasley closed the Public Hearing and reconvened Regular Meeting at 8:24 p.m.
22. Assistant City Attorney Clark Askins read Ordinance 3243 AN ORDINANCE AMENDING
CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY AMENDING LANDSCAPING TREE PRESERVATION AND TREE
REPLACEMENT STANDARDS; ESTABLISHING A TREE FUND; 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 FINDED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000); PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF;
Motion was made by Councilmember Enqelken to approve ordinance 3243 as presented
by Mr. Tietiens . Second by Councilmember Rigby. Motion carried.
Ayes: Engelken, Rigby, Clausen, Mayor Pro Tem Black, Mosteit and Mayor Beasley
Nays: Moser, Zemanek and Leonard
Abstain: None
Absent: None
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on April 26, 2010
10
23. Council to consider approval or other action regarding an ordinance amending Chapter 14
"Animals", of the Code of Ordinance of the City of La Porte, pertaining to the regulation of
animals, and providing for certain fees for spaying and neutering of dogs and cats (Ord.
3244) - K. Adcox
Chief of Police Ken Adcox presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read ordinance 3244, AN ORDINANCE AMENDING
CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS,
REGARDING REGULATION OF ANIMALS; PROVIDING FOR CERTAIN FEES FOR
SPAYING AND NEUTERING OF DOGS AND CATS; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR UPON CONVICTION SHALL BE FINDED IN A SUM NOT TO EXCEED
FIVE HUNDRED DOLLARS PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Motion was made bv Councilmember Enqelken to approve ordinance 3244 as presented
bv Mr. Adcox. Second by Councilmember Leonard. Motion carried.
Ayes: Mosteit, Engelken, Clausen, Rigby, Moser, Leonard, Black, Zemanek and Mayor
Beasley
Nays: None
Abstain: None
Absent: None
24. Close Regular Meeting and Open Workshop Meeting
The Regular Meeting was closed and the Workshop Meeting was opened at 9:03 p.m.
John Black left the Council Meeting.
A. Discuss Texas Enterprise Zone Program - S. Osborne
Economic Development/Main Street Coordinator Stacey Osborne discussed the Texas
Enterprise Zone Program. Jubil Smith a representative for Invista also provided Council
with information and answered questions.
Council directed staff to move forward.
B. Discuss the role of the Chapter 172 Employee Retiree & Insurance Benefits
Committee - R. Bottoms
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on April 26, 2010
11
Council discussed the role of the Chapter 172 Employee Retiree & Insurance Benefits
Committee.
Council clarified they wanted the Chapter 172 to be an advisory board. They want to see
regular meetings. They want the board to meet and come up with a recommendation to
Council that encompasses the roles and responsibilities of the board. They want to have
TML come before Council to further clarify and discuss the Chapter 172 Board. They also
want all board members to receive training and when replaced the new members to
receive training as well. They were directed to find more in depth training if needed.
25. Close Workshop Meeting and Open Regular Meeting
Mayor Beasley closed Workshop Meeting and reconvened Regular Meeting at 9:19 p.m.
26. Receive report from Fiscal Affairs Committee - Chairman Engelken
Chairman Chuck Engelken provided a report from the Fiscal Affairs Committee.
27. Receive Inspections Report from City Staff - D. Wilmore
Chief Building Official Debbie Wilmore provided an Inspections Report.
Council directed staff to revisit the Alamo building and determine if the building is safe and
if any there are any code violations.
28. City Manager Ron Bottoms provided Administrative Reports for the following:
Early Voting for Joint General and Special Sales Tax Election - April 26, 2010 - May 4,
2010 - 8:00 a.m. - 5:00 p.m. Extended hours for Early Voting will be Wednesday, April 28,
2010 - 7:00 a.m. - 7:00 p.m. and Tuesday, May 4,2010 - 7:00 a.m. - 7:00 p.m. Early
Voting on Saturday, May 1, 2010 - 8:00 a.m. - 5:00 p.m.
May 3, 2010- La Porte Development Corporation Board Meeting - 5:00 p.m.
May 3 through May 7,2010 - Public Service Week
May 6, 2010- Public Service pictures - 8:00 a.m.
May 6, 2010- Public Service lunch- Seabreeze Park - 11 :00 a. m.
May 7,2010 - MotorManiacs - Five Points - 4:00 p.m. - 9:00 p.m.
May 8,2010 - General Election and Special Election Sales Tax - 7:00 a.m. - 7:00 p.m.
May 15, 2010- Employee Picnic - Little Cedar Bayou Wave Pool- 2:00 p.m. - 6:00 p.m.
May 19, 2010 - Plant Manager's Breakfast - Five Points - 7:30 a.m.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on April 26, 2010
12
May 31, 2010- City Offices closed in observance of Memorial Day
City Attorney Knox Askins reminded Council the 8 liners need to be discussed at a future
workshop meeting.
29. Council Comments: Zemanek, Engelken, Mosteit, Clausen, Rigby, Moser, Leonard, 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
30. 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)
Section 551.072 (For the purpose of deliberating the purchase,
Exchange, lease or value of real property)
(Discuss lease
agreement between the
City of La Porte and the
Economic Alliance)
Council closed the Regular Meeting and went to Executive Session at 9:44 p.m.
Council closed the Executive Session and returned to the table at 10:38 p.m. There was
no action taken in Executive Session.
31. Considerations and possible action on items considered in executive session.
32. Adjournment
Being no further business, the meeting was duly adjourned at 10:39 p.m.
Respectfully submitted,
t!~~
City Secretary
~proved on this 10. day of May 2010.
MaYOr~~
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 26, 2010
Requested By: Michael Dolby, CPA
Department: Finance
Report:
Resolution:
Ordinance:
xx
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
$ 33,049,924
2,267,988
700,000
433,771
1,003,281
1,912,674
1,413,966
7,708,571
3,500
22,368
974,545
1,364,643
1,969,367
4,497,908
1,221,111
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
$ 79,626,691
Proposed
Amended Budget
$ 33,049,924
2,628,903 *
700,000
433,771
1,003,281
1,912,674
1,413,966
7,708,571
3,500
22,368
974,545
1,364,643
1,969,367
4,497,908
1,221,111
2,543,600 *
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
$ 80,271,106
Action Required bv Council:
Adopt Ordinance Amending Fiscal Year 2009-10 Budget for:
A. $75,000 in the Grant Fund for a Regional Catastrophic Preparedness grant to develop and build a
Continuity of Operations Plan.
B. $283,500 in the Grant Fund for a transfer to send the FEMA funding received for the Sylvan Beach
Fishing Pier construction to the General CIP Fund.
$283,500 in the General Capital Improvement Fund for Sylvan Beach Fishing Pier construction.
$2,415 in the Grant Fund to allow the Police Department to spend DARE Funds for program supplies and
ndout The funds are currently located in a liability account.
~/~/tD
Date
ORDINANCE NO. 2010- 323')
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 th;;.Jjt- day of ~, 2010.
~O~PO~E,TEXAS
~ "j':#- /
Barry easley, ayor
ATTEST:
~iXdd'L J1Jitf
Mart a Gillett, City Secretary
CI
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
HoteJ/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 10,100,982
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 301,600 350,000
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 33,049,924
Grant Fund 2,357,477 2,628,903
Street Maintenance Sales Tax 726,845 700,000
Community Investment 231,361 433,771
Hotel/Mote1 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 39,585,042 41,142,519
Enterprise:
Utility 8,288,732 7,708,571
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 10,073,627
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 1,813,500 2,543,600
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 12,640,181 16,223,049
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 75,740,999 80,271,106
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 11.2010
Budl!et
Requested By: 'pIT Sllgg~
Source of Funds:
Department:
OEM
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Grant Award
Amount Requested:
Exhibits: Terms and Conditions
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
La Porte is part ofthe Urban Area Security Initiative that awards grants for specific target areas regarding terrorism.
A DHS program to help with planning capabilities across the region has been in the works for over a year now.
After many discussions and ideas the grant awards are finally being allocated to the target cities.
This year we have been granted $75,000 to develop and build a Continuity of Operations Plan. This plan will assist
us in determining what could go wrong, how we can avoid it and what to do if a large event should take place in the
region, but more importantly La Porte specifically. This project will add to our current planning activities for
preparedness and response in the City. Each department will be involved with the contractor chosen that will assist
us in developing the COOP plan.
Other jurisdiction who will also be working on these plans and who have been given grant awards are Deer Park,
Pasadena, Houston and Harris County to name a few.
Action Required bv Council:
Consider accepting the grant award for the COOP plan.
Approved for City Council Al!enda
Ron Bottoms, City Manager
Date
Governor's Division of Emergency Management
2008 Sub-Recipient Agreement
for
City of La Porte
December 9, 2009
2. Prepared by: Youngs, Jamie
3. SAA Award Number: 08-SR 41440-02
Mayor Alton Porter
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
Federal Grant Title: Regional Catastrophic Preparedness Grant Program (RCPGP)
Federal Grant Award Number: 2008-CP-T8-0023
Date Federal Grant Awarded to GDEM: September 1, 2008
Federal Granting Agency:
Federal Emergency Management Agency
Dept. of Homeland Security Preparedness Directorate
Total Award
Amount
Note: Additional Budget Sheets (Attachment A):
DYes D No
RCPGP
97.111
> NOTE: There is a 25% local match requirement in addition to
this award amount. (See RCPGP Guidance)
$75,000.00
$75,000.00
This award supersedes all previous awards.
Performance Period: Sep 1, 2008 to Sep 30, 2010
6. Statutory Authority for Grant: This project is supported under Public Law 110-161, the Department of Homeland Security
Appropriations Act of 2008.
7. Method of Payment: Primary method is reimbursement, See the enclosed instructions for the process to follow in the submission of
invoices.
8. Debarment/Suspension Certification: The Sub-Recipient certifies that the subgrantee and its' contractors/vendors are not
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency
and do not appear in the Excluded Parties List System at http://www.epls.gov.
Approving GDEM Official:
Signature of GDEM Official:
Jack Colley, Chief
Division of Emergency Management
Office of the Governor
cr~
I have read and understand the attached Terms and Conditions.
Type name and title of Authorized Sub-Recipient official:
Signature of Sub-Recipient Official:
11. Enter Employer Identification Number (EIN) I Federal Tax Identification Number:
12. Date Signed:
13. DUE DATE:
January 23, 2010
Signed award and Direct Deposit Form (if applicable) must be returned to GDEM on or before the above due date.
....~
, :At
,. A
TEXAS DIVISION OF EMERGENCY MANAGEMENT
TExAs DEPARTMENT OF PUBLIC SAFETY
WWW.TXDPS.STATE.TX.tJs/DEMAsSISTAi\.TDIRECTOR / CmEF
JACK COIlEY
March 3, 2010
Chief Financial Officer
La Porte, City of
604 W. Fairmont Pkwy
La Porte, TX 77571
RE: FEMA -1791 wDR Hurricane Ike
This is to inform you that $283,500.00, in disaster relief funds associated with the above
referenced disaster has been Directly Deposited into your jurisdictionl organization's account.
These are federal funds (CFDA #97.036) from FEMA, passed through the Texas Department of
Public Safety's Division of Emergency Management. If your organization has expenditures over
$500,000 in federal funds within a fiscal year that began December 31,2003 or later, you must
have an audit done in accordance with the Single Audit Act Amendment of 1996 (OMS Circular
Aw133).
Please share this letter with your FEMA grant coordinator.
This letter concerns the following project ID number(s):
Bundle# 474, PW 0343(2) Large project 99% complete n Pay 90% of the Federal Share.
CATG
If you have any questions concerning the computation or audit requirements, please call
Sally Flanders @ 512/424-5376.
Sincerely,
loren Behrens
Support Services Section Administrator
Mail: PO Box 4087 Austin, Texas 78773 Courier: 5805 N. Lamar MinI. Austin, Texas 78752
Telephones: Main: 512.424-2138 * 24 hour: 512.424-2208 * I'a.'\:: 512..124..2444
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 8, 2010
Appropriation
Requested By: Stephen L. Barr
Source of Funds: FRMA Tke Rec FlIncl~ $411,382
Sylvan Beach Escrow Fund
Acc 't Number: 001-0000-202-0610 $108 160
Sylvan Beach Escrow Surplus
001-0000-202-0623 $111,000
Amount Budgeted: $650,542
Department: Parks & Recreation
Report: ~Resolution: _Ordinance:_
Exhibits:
Bid Tabulation Sealed Bid #10019
Amount Requested:
$624,262
Exhibits:
Bidder's List
Bud!!eted Item:
YES X
NO X
Exhibits:
SUMMARY & RECOMMENDATION
Sealed Bid #10019 for the Sylvan Beach Fishing Pier construction for the City of La PortelHarris
County was sent to seventeen contractors and representatives. Bids were opened on February 23, 2010 with three
vendors responding. Crawley Shoreline Construction, Inc. submitted the low bid meeting specifications in the
amount of $499,410.
Funding for this project is available through FEMA Hurricane Ike recovery funds, the Sylvan Beach
Pier Escrow Fund, and the City's share of surplus escrow funds from the Sylvan Beach Pier operation.
Staff recommends acceptance ofthe low bid from Crawley Shoreline Construction, Inc. as low bidder
meeting specifications in the amount of $499,410, plus a 25% contingency, for a total of $624,262. The
company expects to complete the project in 125 days after the Notice to Proceed.
Action ReQuired bv Council:
Consider award of bid and authorization to execute a contract with Crawley Shoreline Construction,
Inc. for construction of the Sylvan Beach Fishing Pier according to the plans and specifications, in the amount
$499,410 with a contingency of 25% for a total price not to exceed $624,262.
Aooroved for City Council Af!enda
Ron Bottoms, City Manager
Date
From:
To:
Subject:
Date:
Bedford Michelle
Wolnv Shellev
FW: DARE funds
Thursday, April 15, 2010 11:05:37 AM
Shelley,
We are requesting an amendment to the grant fund, adding/increasing fund 03252585212017 for
DARE program supplies and handouts in the amount of $2,414.24. These funds are available in
032-0000-202-08-01 per Ms. Rinehart. This will then close the funds that are reserved for DARE
completely out and we will budget in our general operations account next year.
Thanks,
'J'Itide& Cl~
tJUia ~
..14 'PMte 'PoIiee '!)~
211-142-3190
~@~%.~
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Januarv 11.2010
Budl!:et
Requested By: [pIT ~lIgg!i:
Source of Funds:
Department:
OEM
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Grant Award
Amount Requested:
Exhibits: Terms and Conditions
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
La Porte is part ofthe Urban Area Security Initiative that awards grants for specific target areas regarding terrorism.
A DHS program to help with planning capabilities across the region has been in the works for over a year now.
After many discussions and ideas the grant awards are finally being allocated to the target cities.
This year we have been granted $75,000 to develop and build a Continuity of Operations Plan. This plan will assist
us in determining what could go wrong, how we can avoid it and what to do if a large event should take place in the
region, but more importantly La Porte specifically. This project will add to our current planning activities for
preparedness and response in the City. Each department will be involved with the contractor chosen that will assist
us in developing the COOP plan.
Other jurisdiction who will also be working on these plans and who have been given grant awards are Deer Park,
Pasadena, Houston and Harris County to name a few.
Action ReQuired bv Council:
Consider accepting the grant award for the COOP plan.
ADDroved for City Council Al!enda
Ron Bottoms, City Manager
Date
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Aoril26.2010 Budl!et
Source of Funds: N/A
Requested By: Tim Tietjens
Department:
Planning
Account Number:
Report: X Resolution:
Ordinance:
X
Amount Budgeted:
Exhibits:
Ordinance 1533-C
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
The Flood Damage Prevention Ordinance was previously codified erroneously as Chapter IOY2 of the Code of
Ordinances.
This proposed ordinance amendment will correctly codify the Flood Damage Prevention Ordinance in Chapter 94
(Floods) of the Code of Ordinances. There are no substantive changes to the Ordinance.
r approval of an ordinance to codify the Flood Damage Prevention Ordinance in Chapter 94 of the Code of
ces.
ouneil A enda
4 {L'l-/1O
Date
ORDINANCE N0r4S33 e-
3d-3lp
AN ORDINANCE AMENDING CHAPTER 94 "FLOODS", ARTICLE II "FLOOD
HAZARD REDUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, TEXAS, TO CODIFY FLOOD DAMAGE PREVENTION ORDINANCE;
CONTAINING A SEVERABLITY CLAUSE; CONTAINING A REPEALING CLAUSE;
CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF
A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN AN AMOUNT
NOT TO EXCEED TWO THOUSAND DOLLARS, WITH EACH DAY CONSTITUTING
A SEPARATE OFFENSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING AN EFFECTIVE DATE;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. Chapter 94 "Floods", Article II "Flood Hazard Reduction", Division 1 "Generally",
of the Code of Ordinances of the City of La Porte, Texas is hereby amended in its entirety, and shall
hereinafter read as follows:
"Sec. 94-31. Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted to
give them the meaning they have in common usage and to give this ordinance its most
reasonable application.
ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan
or similar landform which originates at the apex and is characterized by high-velocity flows;
active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
APEX - means a point on an alluvial fan or similar landform below which the flow path of
the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
APPURTENANT STRUCTURE - means a structure which is on the same parcel of property
as the principal structure to be insured and the use of which is incidental to the use of the
principal structure
AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that would be
inundated by the l-percent-annual chance (100 year) flood based on future conditions hydrology.
AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO
zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual
chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community
subject to a 1 percent or greater chance of flooding in any given year. The area may be
designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making
has been completed in preparation for publication of the FIRM, Zone A usually is refined into
Zones A, AO, AH, Al-30, AE, A99, AR, ARlAl-30, ARlAE, ARlAO, ARlAH, ARIA, YO, V1-
30, VE or V.
BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in
any gIven year.
BASEMENT - means any area of the building having its floor sub grade (below ground
level) on all sides.
BREAKAWAY WALL - means a wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral loading
forces, without causing damage to the elevated portion of the building or supporting foundation
system.
CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire system would be
compromised.
DEVELOPMENT - means any man-made change to improved and unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING - means, for insurance purposes, a non-basement building, which
has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts,
piers, pilings, or columns.
EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for
which the "start of construction" commenced before the effective date of the FIRM or before
January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be
referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the floodplain management regulations adopted by a
community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION-
means the preparation of additional sites by the construction of facilities for servicing the lots on
2
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD OR FLOODING - means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters.
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD ELEVATION STUDY - means an examination, evaluation and determination of
flood hazards and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on
which the Federal Emergency Management Agency has delineated both the special flood hazard
areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) - see Flood Elevation Study
FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being
inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective
and preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other applications of police
power. The term describes such state or local regulations, in any combination thereof, which
provide standards for the purpose of flood damage prevention and reduction.
FLOOD PROTECTION SYSTEM - means those physical structural works for which funds
have been authorized, appropriated, and expended and which have been constructed specifically
to modify flooding in order to reduce the extent of the area within a community subject to a
"special flood hazard" and the extent of the depths of associated flooding. Such a system
typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized
flood modifying works are those constructed in conformance with sound engineering standards.
FLOOD PROOFING - means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY - see Regulatory Floodway
3
FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes only
docking facilities, port facilities that are necessary for the loading and unloading of cargo or
passengers, and ship building and ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily determined by
the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory or historic places in communities with historic
preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior or;
(b) Directly by the Secretary of the Interior in states without approved programs.
LEVEE - means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or divert the flow
of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated
in accordance with sound engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles,
building access or storage in an area other than a basement area is not considered a building's
lowest floor; provided that such enclosure is not built so as to render the structure in violation of
the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance
Program regulations.
4
MANUFACTURED HOME - means a structure transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective date of an initial FIRM
or after December 31, 1974, whichever is later, and includes any subsequent improvements to
such structures. For floodplain management purposes, "new construction" means structures for
which the "start of construction" commenced on or after the effective date of a floodplain
management regulation adopted by a community and includes any subsequent improvements to
such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of floodplain management regulations adopted by a community.
PRIMARY FRONTAL DUNE - means a continuous or nearly continuous mound or ridge of
sand with relatively steep seaward and landward slopes immediately landward and adjacent to
the beach and subject to erosion and overtopping from high tides and waves during major coastal
storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct
change from a relatively steep slope to a relatively mild slope.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400
square feet or less when measured at the largest horizontal projections; (iii) designed to be self-
propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use.
REGULATORY FLOODWAY - means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
RIVERINE - means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
5
SAND DUNES - mean naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
SPECIAL FLOOD HAZARD AREA - see Area of Special Flood Hazard
START OF CONSTRUCTION - (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial
improvement and means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition placement, or other improvement
was within 180 days of the permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of excavation; or
the placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for basement, footings, piers or
foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not
that alteration affects the external dimensions of the building.
STRUCTURE - means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground, as well as a manufactured
home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before "start of construction" of the improvement. This term includes
structures which have incurred "substantial damage", regardless of the actual repair work
performed. The term does not, however, include either: (1) Any project for improvement of a
structure to correct existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement official and which are
the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic
structure", provided that the alteration will not preclude the structure's continued designation as a
"historic structure."
VARIANCE - means a grant of relief by a community from the terms of a floodplain
management regulation. (For full requirements see Section 60.6 of the National Flood Insurance
Program regulations.)
6
VIOLATION - means the failure of a structure or other development to be fully compliant
with the community's floodplain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of compliance required in
Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
Sec. 94-32. Statutory authorization.
The Legislature of the State of Texas has in Article 8280-13 V.T.C.S. delegated the
responsibility of local governmental units to adopt regulations designed to minimize flood
losses.
Sec. 94-33. Findings of fact.
(1) The flood hazard areas of La Porte, Texas are subject to periodic inundation, which
results in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, and extraordinary public expenditures for flood protection and relief, all
of which adversely affect the public health, safety and general welfare.
(2) These flood losses are created by the cumulative effect of obstructions in floodplains
which cause an increase in flood heights and velocities, and by the occupancy of flood hazard
areas by uses vulnerable to floods and hazardous to other lands because they are inadequately
elevated, floodproofed or otherwise protected from flood damage.
Sec. 94-34. Statement of purpose.
It is the purpose of this ordinance to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
7
(6) Help maintain a stable tax base by providing for the sound use and development of
flood-prone areas in such a manner as to minimize future flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
Sec. 94-35. Lands to which this article applies.
The ordinance shall apply to all areas of special flood hazard with the jurisdiction of City of
La Porte, Texas.
Sec. 94-36. Compliance.
No structure or land shall hereafter be located, altered, or have its use changed without full
compliance with the terms of this ordinance and other applicable regulations.
Sec. 94-37. Interpretation.
In the interpretation and application of this ordinance, all provisions shall be; (1) considered
as minimum requirements; (2) liberally construed in favor of the governing body; and (3)
deemed neither to limit nor repeal any other powers granted under State statutes.
Sec. 94-38. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency
in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for
City of La Porte, Texas" dated June 18, 2007, with accompanying Flood Insurance Rate Maps
and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated June 18, 2007, and any
revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. A
true and correct copy of said study and maps is on file in the office of the City Engineer of the
City of La Porte.
Sec. 94-39. Methods of reducing flood losses.
In order to accomplish its purposes, this ordinance uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of
flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of flood waters;
8
(4) Control filling, grading, dredging and other development which may increase flood
damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
Sec. 94-40. Abrogation and greater restrictions.
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Sec. 94-41. Warning and disclaimer of liability.
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. On rare occasions
greater floods can and will occur and flood heights may be increased by man-made or natural
causes. This ordinance does not imply that land outside the areas of special flood hazards or
uses permitted within such areas will be free from flooding or flood damages. This ordinance
shall not create liability on the part of the community or any official or employee thereof for any
flood damages that result from reliance on this ordinance or any administrative decision lawfully
made hereunder.
SECTION 2. Chapter 94 "Floods", Article II "Flood Hazard Reduction", Division 2
"Administration", of the Code of Ordinances of the City of La Porte, Texas is hereby amended in its
entirety, and shall hereinafter read as follows:
"Sec. 94-61. Designation of the floodplain administrator.
The City Engineer or his/her designated appointee is hereby appointed the Floodplain
Administrator to administer and implement the provisions of this ordinance and other
appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood
Insurance Program Regulations) pertaining to floodplain management.
Sec. 94-62. Duties and responsibilities of the floodplain administrator.
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited
to, the following:
(1) Maintain and hold open for public inspection all records pertaining to the provisions of
this ordinance.
9
(2) Review permit application to determine whether to ensure that the proposed building
site project, including the placement of manufactured homes, will be reasonably safe from
flooding.
(3) Review, approve or deny all applications for development permits required by adoption
of this ordinance.
(4) Review permits for proposed development to assure that all necessary permits have been
obtained from those Federal, State or local governmental agencies (including Section 404 of the
Federal Water Pollution Control Act Amendments of 1972, 33 U.S.c. 1334) from which prior
approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries of the areas of
special flood hazards (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions) the Floodplain Administrator shall make the necessary
interpretation.
(6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency
which is Texas Commission on Environmental Quality, prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal Emergency Management
Agency.
(7) Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with Article 3,
Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base
flood elevation data and floodway data available from a Federal, State or other source, in order
to administer the provisions of Article 5.
(9) When a regulatory floodway has not been designated, the Floodplain Administrator
must require that no new construction, substantial improvements, or other development
(including fill) shall be permitted within Zones AI-3D and AE on the community's FIRM, unless
it is demonstrated that the cumulative effect of the proposed development, when combined with
all other existing and anticipated development, will not increase the water surface elevation of
the base flood more than one foot at any point within the community.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, a community may approve certain development in Zones AI-3D,
AE, AH, on the community's FIRM which increases the water surface elevation of the base flood
by more than 1 foot, provided that the community first completes all of the provisions required
by Section 65.12.
Sec. 94-63. Establishment of development permit.
10
A Floodplain Development Permit shall be required to ensure conformance with the
provisions of this article.
Sec. 94-64. Permit procedures.
(1) Application for a Floodplain Development Permit shall be presented to the Floodplain
Administrator on forms furnished by him/her and may include, but not be limited to, plans
in duplicate drawn to scale showing the location, dimensions, and elevation of proposed
landscape alterations, existing and proposed structures, including the placement of
manufactured homes, and the location of the foregoing in relation to areas of special flood
hazard. Additionally, the following information is required:
(a) Elevation (in relation to mean sea level), of the lowest floor (including basement)
of all new and substantially improved structures;
(b) Elevation in relation to mean sea level to which any nonresidential structure shall
be floodproofed;
(c) A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B
(2);
(d) Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development;
(e) Maintain a record of all such information in accordance with Article 4, Section
(B)(1 );
(2) Approval or denial of a Floodplain Development Permit by the Flooplain Administrator
shall be based on all of the provisions of this ordinance and the following relevant factors:
(a) The danger to life and property due to flooding or erosion damage;
(b) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(c) The danger that materials may be swept onto other lands to the injury of others;
(d) The compatibility of the proposed use with existing and anticipated development;
(e) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
11
(f) The costs of providing governmental services during and after flood conditions
including maintenance and repair of streets and bridges, and public utilities and facilities such as
sewer, gas, electrical and water systems;
(g) The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site;
(h) The necessity to the facility of a waterfront location, where applicable;
(i) The availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use.
Sec. 94-65. Variance procedures.
(1) The Appeal Board, as established by the community, shall hear and render judgment on
requests for variances from the requirements of this ordinance.
(2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged
there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this ordinance.
(3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such
decision in the courts of competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions involving an appeal
and shall report variances to the Federal Emergency Management Agency upon request.
( 5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the State Inventory of Historic Places,
without regard to the procedures set forth in the remainder of this ordinance.
(6) Variances may be issued for new construction and substantial improvements to be
erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing the relevant factors in Section C (2)
of this Article have been fully considered. As the lot size increases beyond the 1/2 half acre, the
technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this ordinance, the
Appeal Board may attach such conditions to the granting of variances as it deems necessary to
further the purpose and objectives of this ordinance (Article 1, Section C).
(8) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
12
(9) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
(10) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii)
a determination that failure to grant the variance would result in exceptional hardship to the
applicant, and (iii) a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(c) Any application to which a variance is granted shall be given written notice that
the structure will be permitted to be built with the lowest floor elevation below the base flood
elevation, and that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
(11) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally dependent
use provided that (i) the criteria outlined in Article 4, Section D (1)-(9) are met, and (ii) the
structure or other development is protected by methods that minimize flood damages during the
base flood and create no additional threats to public safety."
SECTION 3. Chapter 94 "Floods", Article II "Flood Hazard Reduction", Division 3 "Standards",
of the Code of Ordinances of the City of La Porte, Texas is hereby amended in its entirety, and shall
hereinafter read as follows:
Sec. 94-86. General standards.
In all areas of special flood hazards the following provisions are required for all new
construction and substantial improvements:
(1) All new construction or substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
13
(2) All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities that
are designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to mInImIZe or
eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to mInImIZe or
eliminate infiltration of flood waters into the system and discharge from the systems into flood
waters; and,
(7) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
Sec. 94-87. Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as
set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3),
the following provisions are required:
(1) Residential Construction - new construction and substantial improvement of any
residential structure shall have the lowest floor (including basement), elevated one above the
base flood elevation. A registered professional engineer, architect, or land surveyor shall submit
a certification to the Floodplain Administrator that the standard of this subsection as proposed in
Article 4, Section C (1) a., is satisfied.
(2) Nonresidential Construction - new construction and substantial improvements of any
commercial, industrial or other nonresidential structure shall either have the lowest floor
(including basement) elevated to or above the base flood level or together with attendant utility
and sanitary facilities, be designed so that below the base flood level the structure is watertight
with walls substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
A registered professional engineer or architect shall develop and/or review structural design,
specifications, and plans for the construction, and shall certify that the design and methods of
construction are in accordance with accepted standards of practice as outlined in this subsection.
A record of such certification which includes the specific elevation (in relation to mean sea
14
level) to which such structures are floodproofed shall be maintained by the Floodplain
Administrator.
(3) Enclosures - new construction and substantial improvements, with fully enclosed areas
below the lowest floor that are usable solely for parking of vehicles, building access or storage in
an area other than a basement and which are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or meet or exceed the following minimum criteria:
(a) A minimum of two openings on separate walls having a total net area of not less
than one square inch for every square foot of enclosed area subject to flooding
shall be provided.
(b) The bottom of all openings shall be no higher than I foot above grade.
(c) Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
(4) Manufactured Homes -
(a) Require that all manufactured homes to be placed within Zone A on a
community's FHBM or FIRM shall be installed using methods and practices which minimize
flood damage. For the purposes of this requirement, manufactured homes must be elevated and
anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include,
but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable State and local anchoring requirements for resisting wind forces.
(b) Require that manufactured homes that are placed or substantially improved within
Zones AI-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured
home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an
expansion to an existing manufactured home park or subdivision, or (iv) in an existing
manufactured home park or subdivision on which a manufactured home has incurred "substantial
damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated to or above the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
(c) Require that manufactured homes be placed or substantially improved on sites in
an existing manufactured home park or subdivision with Zones AI-30, AH and AE on the
community's FIRM that are not subject to the provisions of paragraph (4) of this section be
elevated so that either:
15
(i) the lowest floor of the manufactured home IS at or above the base flood
elevation, or
(ii) the manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches in height above
grade and be securely anchored to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
(5) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones
AI-3D, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180
consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit
requirements of Article 4, Section C (1), and the elevation and anchoring requirements for
"manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently attached additions.
Sec. 94-88. Standards for development proposals.
(1) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance.
(2) All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Floodplain Development Permit
requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this
ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals and other
proposed development including the placement of manufactured home parks and subdivisions
which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to
Article 3, Section B or Article 4, Section B (8) of this ordinance.
(4) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(5) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize or eliminate flood damage.
Sec. 94-89. Standards for areas of shallow flooding.
Located within the areas of special flood hazard established in Article 3, Section B, are
areas designated as shallow flooding. These areas have special flood hazards associated with
flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of
flooding is unpredictable, and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow; therefore, the following provisions apply:
16
(1) All new construction and substantial improvements of residential structures have the
lowest floor (including basement) elevated to or above the base flood elevation or the highest
adjacent grade at least as high as the depth number specified in feet on the community's FIRM
(at least 2 feet ifno depth number is specified).
(2) All new construction and substantial improvements of non-residential structures;
(a) have the lowest floor (including basement) elevated to or above the base flood
elevation or the highest adjacent grade at least as high as the depth number specified in feet on
the community's FIRM (at least two feet ifno depth number is specified), or
(b) together with attendant utility and sanitary facilities be designed so that below the
base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone,
level the structure is watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and hydrodynamic
loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a certification to the
Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C
are satisfied.
(4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to
guide flood waters around and away from proposed structures.
Sec. 94-90. Floodways.
Floodways - located within areas of special flood hazard established in Section 94-38 of this
Chapter are areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of flood waters which carry debris, potential projectiles and erosion potential,
the following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway unless it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not result in any increase in flood
levels within the community during the occurrence of the base flood discharge.
(2) If Section 94-90(1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of Article 5.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program Regulations, a community may permit encroachments within the adopted
regulatory floodway that would result in an increase in base flood elevations, provided that the
community first completes all of the provisions required by Section 65.12.
17
Sec. 94-91. Coastal high hazard areas.
Located within the areas of special flood hazard established in Section 94-38 of this Chapter are
areas designated as Coastal High Hazard Areas (Zones VI-30, VE, and/or V). These areas have
special flood hazards associated with high velocity waters from tidal surges and hurricane wave
wash; therefore, in addition to meeting all provisions outlined in this chapter. the following
provisions must also apply:
(1) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural
member of the lowest floor (excluding pilings and columns) of all new and substantially
improved structures, and whether or not such structures contain a basement. The Floodplain
Administrator shall maintain a record of all such information.
(2) All new construction shall be located landward of the reach of mean high tide.
(3) All new construction and substantial improvements shall be elevated on pilings and
columns so that:
(i) the bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to or above the base flood level;
(ii) the pile or column foundation and structure attached thereto is anchored to resist
flotation, collapse and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Water loading values used shall be those associated
with the base flood. Wind loading values used shall be those required by applicable State or
local
building standards. A registered professional engineer or architect shall develop or review the
structural design, specifications and plans for the construction, and shall certify that the design
and methods of construction to be used are in accordance with accepted standards of practice for
meeting the provisions of (3)(i) and (ii) ofthis Section.
(4) Provide that all new construction and substantial improvements have the space below
the lowest floor either free of obstruction or constructed with non-supporting breakaway walls,
open wood lattice-work, or insect screening intended to collapse under wind and water loads
without causing collapse, displacement, or other structural damage to the elevated portion of the
building or supporting foundation system.
For the purpose of this section, a breakaway wall shall have a design safe loading resistance of
not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which
exceed a design safe loading resistance of 20 pounds per square foot (either by design or when
so required by local or State codes) may be permitted only if a registered professional engineer
or architect certifies that the designs proposed meet the following conditions:
18
(i) breakaway wall collapse shall result from a water load less than that which would
occur during the base flood; and
(ii) the elevated portion of the building and supporting foundation system shall not be
subject to collapse, displacement, or other structural damage due to the effects of wind and water
loads acting simultaneously on all building components (structural and nonstructural). Water
loading values used shall be those associated with the base flood. Wind loading values used
shall be those required by applicable State or local building standards. Such enclosed space shall
be useable solely for parking of vehicles, building access, or storage. Such space shall not be
used for human habitation.
(5) Prohibit the use offill for structural support of buildings.
(6) Prohibit man-made alteration of sand dunes and mangrove stands that increase potential
flood damage.
(7) Manufactured Homes -
Require that manufactured homes placed or substantially improved within Zone VI-
30, V, and VE on the community's FIRM on sites (i) outside of a manufactured home park or
subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an
existing manufactured home park or subdivision, or (iv) in an existing manufactured home park
or subdivision on which a manufactured home has incurred "substantial damage" as the result of
a flood, meet the standards of paragraphs (1) through (6) of this section and that manufactured
homes placed or substantially improved on other sites in an existing manufactured home park or
subdivision within Zones VI-3D, V, and VE on the community's FIRM meet the requirements of
Article 5, Section B(4) of this ordinance.
(8) Recreational Vehicles -
Require that recreational vehicles placed on sites within Zones VI-3D, V, and VB on
the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be
fully licensed and ready for highway use, or (iii) meet the requirements in Article 3, Section C of
this ordinance and paragraphs (1) through (6) of this section. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently attached additions.
Sec. 94-92. Penalties for Non-Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered
without full compliance with the terms of this article and other applicable regulations. Violation
of the provisions of this article by failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with conditions) shall
constitute a misdemeanor. Any person who violates this article or fails to comply with any of its
19
requirements shall upon conviction thereof be fined not more than $2,000 for each violation,
with each day constituting a separate violation, and in addition shall pay all costs and expenses
involved in the case. Nothing herein contained shall prevent City of La Porte from taking such
other lawful action as is necessary to prevent or remedy any violation."
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. If any provision, section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to any person or set of circumstances is for any reason
held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance
or their application to other persons or sets of circumstances shall not be affected thereby, it being
the intent of the City Council in adopting this ordinance that no portion hereof or provision or
regulation contained herein shall become inoperative or fail by reason of any unconstitutionality,
voidness or invalidity of any other portion hereof, and all provisions of this ordinance are
declared to be severable for that purpose.
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 was posted
at a place convenient to the public at the City Hall 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 7. This ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by causing the
caption hereof to be published in the Bayshore Sun at least once within the ten (10) days after the
passage of this ordinance.
PASSED AND APPROVED, this
DAY OF
,2010
CITY OF LA PORTE
ATTEST:
20
caption hereof to be published in the Bayshore Sun at least once within the ten (10) days after the
passage of this ordinance.
PASSED AND APPROVED, thi;2I//-DA Y OF ~
,2010
CITY OF LA PORTE
ATTEST:
~~~;f~retary
~'
CI
21
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: April 26. 2010
Source of Funds: N/A
Requested By: Tim Tietiens
Account Number: N/A
Department: Planninl!:
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: -L
Amount Requested: N/A
Exhibits:
. Ordinance for IDA
. Industrial District Agreement
. Ordinance for Water & Sewer Agreements
. Water Service Agreement
. Sanitary Sewer Service Agreement
. Area Map
Budgeted Item: _YES ...x.....NO
SUMMARY & RECOMMENDATION
Bayport North, LLC has approached the City for water and sanitary sewer service to its newly-
constructed facility located at 4117 Fair Drive in Bayport North Industrial Park II, located in the
Bayport Industrial District (see Area Map).
Council has approved a policy to provide water and sanitary sewer service to companies located
outside the city limits and within the City's industrial districts (ETJ). These companies are
required by the policy to execute and maintain a current Industrial District Agreement (IDA)
with the City. Bayport North, LLC desires to obtain water and sanitary sewer service from the
City under the terms of this policy. As part of this request, the company has executed a new IDA
specific to its property which has been divided from a larger parent tract under an existing IDA.
Based on the company's stated demand for domestic uses, the average daily demand for potable
water and sanitary sewer is 1,750 gallons per day. Under the terms of the policy, the applicant
will pay one and one-half (1-1/2) times the City's current utility rate for service. Additionally,
Bayport North, LLC is subject to a one-time administrative fee of $5,000 associated with each of
its agreement for which payment in the amount of $10,000 has been received.
The terms of the company's Water Service Agreement and Sanitary Sewer Service Agreement
will expire on December 31, 2019, plus any renewals and extensions thereof. However, the
agreements shall automatically expire at such time as there is no effective Industrial District
Agreement between the parties or, if the City exercises its right of termination.
Action Reauired bv Council:
A ove an ordinance authorizing the City Manager to enter into an Industrial District
gre ment, a Water Service Agreement, and a Sanitary Sewer Service Agreement with Bayport
ort , LLC.
{ /J2 /1fJ
Ron Bottoms, City Manager
Date
ORDINANCE NO. 2007-IDA-120
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH BAYPORT NORTH LLC, A TEXAS
CORPORATION FOR THE TERM COMMENCING JANUARY 1, 2008, 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. Bayport North LLC, a Texas Corporation has executed an industrial district
agreement with the City of La Porte, for the term commencing January 1, 2008, 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 26th day of April 2010.
CITY OF LA PORTE
~
!
ATTEST:
~
ha Gillett, City Secretary
APPROVED: _ .. /
~~/~dJ
Clark Askins, Assistant City Attorney
2
NO. 2007-IDA- t;(O
STATE OF TEXAS
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTEr TEXAS, a municipal cor~orat~on of.. Harris County,
Texas, hereinafter called "CITY", and &3yfo('i IVot-+h. LL- C-
, a JI~X~7 corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREASr it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures
from time to time as are permitted by law and which will tend to
enhance the economic stability and growth of the City and its
environs by attracting the location of new and the expansion of
existing industries therein, and such policy is hereby reaffirmed
and adopted by this City Council as being in the best interest of
the City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas"r and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porter Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texasr codified
as Section 42.044r Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter
"Land"); and said Land being more particularly shown on a plat
attached as Exhibit "B", which plat describes the ownership
boundary lines; a site layoutr showing all improvements, including
pipelines and railroads, and also showing areas of the Land
previously annexed by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth
of . industrial plants wi thin said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
FINAL DRAFT: November 1, 2007
1
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby
agree with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed
pursuant to the terms of this Agreement. Subject to the foregoing
and to the later provisions of this Agreement, City does further
covenant, agree and guarantee that such industrial district, to
the extent that it covers said Land lying within said District and
not now within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of
land, (b) prescribing any building, electrical, plumbing or
inspection code or codes, or (c) attempting to exercise in any
manner whatever control over the conduct of business thereon;
provided, however, any portion of Land constituting a strip of
land 100 I wide and contiguous to either Fairmont Parkway, State
Highway 225, or State Highway 146, shall be subject to the rules
and regulations attached. hereto as Exhibit "C" and made a part
hereof; and provided, however, it is agreed that City shall have
the right to institute or intervene in any administrative and/or
judicial proceeding authorized by the Texas Water Code, the Texas
Clean Air Act, the Texas Health & Safety Code, or other federal or
state environmental laws, rules or regulations, to the same extent
and to the same intent and effect as if all Land covered by this
Agreement were not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended),
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
determined by the Harris County Appraisal District. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of computing the "in lieuH
2
payments hereunder. Therefore, the parties agree that the
appraisal of the Land, improvements, and tangible personal
property in the unannexed area shall be conducted by City, at
Ci ty I S expense, by an independent appraiser of City T S selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) Land, improvements, and tangible
personal property.
Nothing herein contained shall ever be interpreted as lessening
the authority of the Harris County Appraisal District to establish
the appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. The properties upon which the "in lieu of" taxes are assessed
are more fully described in subsections 1, 2, and 3 of subsection
C, of this Paragraph III (sometimes collectively called the
"Property") i provided, however, pollution control equipment
installed on the Land which is exempt from ad valorem taxation
pursuant to the provisions of Sec. 11.31 of the Texas Property Tax
Code is exempt from ad valorem taxation and "in lieu of taxes"
hereunder. Property included in this Agreement shall not be
entitled to an agricultural use exemption for purposes of
computing "in lieu of taxes" hereunder.
B. On or before the later of December 31, 2008, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2019, Company
shall pay. to City an amount of "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year") .
C. Company and City agree that the following percentages
("Percentage Amount") shall apply during each of the Value Years:
Value Year 2008: 62%
Value Year 2009: 62%
Value Year 2010: 62%
Value Year 2011: 62%
Value Year 2012: 62%
Value Year 2013: 62%
Value Year 2014: 63%
Value Year 2015: 63%
Value Year 2016: 63%
Value Year 2017: 63%
Value Year ~018: 63%
Value Year 2019: 63%
Company
taxes"
personal
of:
agrees to pay to City an amount of "in lieu of
on Company's land, improvements and tangible
property in the unannexed area equal to the sum
3
1. Percentage Amount of the amount of ad valorem taxes
which would be payable to City if all of the Company's
Land and improvements which existed on January 1, 2008,
and each January 1 thereafter of the applicable Value
Year during the term of this Agreement, (excluding
amounts which would be so payable with respect to any
Substantial Increase in value of such Land and
improvements to which subparagraph 2, below applies),
had been within the corporate limits of City and
appraised each year by City's independent appraiser, in
accordance with the applicable provisions of the Texas
Property Tax Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2007, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation),
for each Value Years following completion of
construction in progress, an amount equal to
Twenty-five percent (25%), if construction is
completed in Value years 2008 through 2013 i and
Twenty percent (20%), if construction is completed
in Value years 2014 through 2019, of the amount of
ad valorem taxes which would be payable to City if
all of said new construction had been within the
corporate limits of City and appraised by City's
independent appraiser, in accordance with the
applicable provisions of the Texas Property Tax
Code.
In the case of new construction which is completed
in Value Year 2016 or later, and provided,
further, that City and Company enter into an
Industrial District Agreement after the expiration
of this Industrial District Agreement, then, and
in such events, such new construction shall be
entitled to additional Value Years under the new
Agreement at a Twenty percent (20%) valuation
under this subparagraph (a), for a total of six
(6) Value Years, but not extending beyond Value
Year 2022.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2007; or
ii. a cumulative value of at least $3,500,000.00.
4
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January I, 2007,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
I, 2007, value; and
3 . Percentage Amount of the amount of ad valorem taxes
which would be payable to City on all of the Company's
tangible personal property of every description,
located in an industrial district of City, including,
without limitation, inventory, (including inventory in
a federal Foreign Trade Zone and including Freeport
exempted inventory), oil, gas, and mineral interests,
items of leased equipment , railroads, pipelines, and
products in storage located on the Land, if all of said
tangible personal property which existed on January I,
2008, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement,
(excluding amounts which would be so payable with
respect to any Substantial Increase in value of such
tangible personal property to which subparagraph 2,
above applies), had been within the corporate limits of
City and appraised each year by the City's independent
appraiser, in accordance with the applicable provisions
of the Texas Property Tax Code.
wi th the sum of I, 2 and 3 reduced by the amount of City I S ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
4. Notwithstanding the above, should City elect to grant
the freeport inventory exemption authorized by Article
VIII, Section 1-j of the Texas Constitution and Section
11.251 of the Texas Property Tax Code to taxpayers
within the City. limits, then the freeport inventory
exemption shall apply to parties to this Agreement.
Further, should inventory or any other class or type of
property become exempt from taxation by constitutional
amendment or act of the Texas Legislature (including,
but not limited to, Article VIII, Section 1-n, of the
Texas Constitution and Section 11.253 of the Texas
Property Tax Code), such class or type of property
shall be exempt for purposes of this Agreement, unless
the City Council of. the City of La Porte shall by
Ordinance provide for the continued taxation of such
property under the authority of any applicable
provisions of the Texas Constitution and Texas
Statutes.
5
5. Ci ty and Company acknowledge circumstances might
require the' City to provide emergency services to
Company's Property described on Exhibit "A" attached
hereto. Emergency services are limited to fire,
policel and public works emergency services. If
Company is not a' member of Channel Industries Mutual
Aid Association (ClMA) I Company agrees to reimburse
City for its costs arising out of any emergency
response requested by Company to Company's propertYI
and to which City agrees to respond. If Company is a
member of CIMAI the obligations of Company and City
shall be governed by the CIMA agreement I to which
agreement City is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January I 2008, and continuing thereafter until December 31,
2019, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event
this Agreement is not so extended for an additional period or
periods of time on or before August 31, 20191 the agreement of
City not to annex property of Company within the District shall
terminate. In that event, City shall have the right to commence
immediate annexation proceedings as to all of Company's property
covered by this Agreement I notwithstanding any of the terms and
provisions of this Agreement.
Company agrees that if the Texas Municipal Actl Section 42.044,
Texas Local Government Code, is amended after January II 1994, or
any new legislation is thereafter enacted by the Legislature of
the State of Texas which imposes greater .restrictions on the right
of City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of such land, Company will waive the right to require City to
comply with any such additional restrictions or obligations and
the rights of the parties shall be then determined in accordance
with the provisions of said Texas Municipal Annexation Act as the
same existed January I, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. . In the event Company elects to protest the valuation for tax
purposes set. on its said properties by City or by the Harris
County Appraisal District for any year or years during the terms
hereof I nothing in this Agreement shall preclude such protest and
6
Company shall have the right to take all legal steps desired by it
to reduce the same.
Notwithstanding such protest by Company, and except as otherwise
provided in Article VI (B), Company agrees to pay to City on or
before the date therefore hereinabove provided, at least the total
of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) the total amount of the Ilin lieu of taxes II on
the unannexed portions of Company's hereinabove described property
which would be due to City in accordance with the foregoing
provisions of this Agreement on the basis of renditions which
shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter
Company shall make payment to City of any additional payment due
hereunder, or City shall make payment to Company of any refund
due, as the case may be, based on such final valuation, together
with applicable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II
above (which shall be given in writing to Company), Company shall,
within twenty (20) calendar days of receiving City's invoice, give
written notice to the City of such disagreement. In the event
Company does not give such written notice of disagreement within
such time period, the appraisal made by said independent appraiser
shall be final and controlling for purposes of the determination
of lIin lieu of taxesll payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statement
setting forth what Company believes to be the market value of
Company's hereinabove described property. Both parties agree to
thereupon enter into go<<;:>d faith negotiations in an attempt to
reach an agreement as to the market value of Company' s property
for lIin lieull purposes hereunder. If, after the expiration of
thirty (3 0) days from the date the notice of disagreement was
received by City, the parties have not reached agreement as to
such market value, the parties agree to submit the dispute to
final arbitration as provided in subparagraph 1 of this Article
VI (B) . .
Notwithstanding any such disagreement by Company, Company agrees
to pay to City on or before December 31 of each year during the
term hereof, at least the total of (a) the ad valorem taxes on the
annexed portions, plus (b) the total amount of the Ilin lieun
payments which would be due hereunder on the basis of Company's
written valuations statement submitted to City by Company
hereunder, or the total assessment and lIin lieu of taxes" thereon
for the l~st preceding year, whichever is higher.
7
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge of the U.S.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company I s property for calculation of the "in lieu"
payment and total payment. hereunder for the year in
question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision
as promptly as practicable. That decision shall then
be final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the
property belonging to it within the territory hereinabove
described, and .the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extension
thereof remains in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
8
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more" favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictiv€ of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City of La Porte:
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
To Company:
g..,y '0'+ No~+h
Attention, ~k~ ~.Z:~
[, 3 P,- ~~ -
~(/t; 0('\ fY- '0'1/
Let-
( COMPANY)
Department
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
billing address.
Company shall notify City annually, on or before June I, of any
changes to the following information:
9
::~ Mani lkJ
Address: b ~~~\ ''''!J7d11
Phone: ?fJ-bCJI 4000
Fax: ?(} bq~ OLlb
Email: J:L^-.lt~P~&..s<.lll<) C1/}1 ,CoP")
Tax Agent/Billing Contact
Name:
Address:
Phone:
Fax:
Email:
ENTERED INTO effective the 1st day of January, 2008.
By:
Name:
Title' 0-
Address:
~
{COMPANY}
ATTEST:
.1{/;;iAtt1;!/#
it Secret y
By:
....,
APPR7~ vJ
Knox W. Askins
City Attorney
City of La Porte
By:
P.O. Box 1218
La Porte, TX 77572-1218
281.471.1886
281.471.2047 fax
knoxaskins@comcast.net
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
10
STATE OF TEXAS
,\UU"'I,
,:....\..r.V"I/;','-
j'..~jtt... ....;4 N CAROLYN A. PAUL
i",:. i ~ otary Public, State of 1iex
...... ...,.. My C '. as
-~~/o;;i~~$ S om misSion Expires
'"""" eptember 09, 20J 3
I
STATE OF TEXAS
...~~~V:t:;:.. YVONNE GARRISON
[~:*):'; MY COMMiSSION EXPIRES
";;j;;.. <{~~~. October 28 2013
"'1:"/'..;"' I
11
"EXHIBIT A"
(Metes and Bounds Description of Land)
12
"EXHIBIT B"
Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.}
13
"EXHIBIT e"
Page 1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146 shall be subject to the following rules and
regulations pertaining to new s ignage, screening, dri veways and
median crossovers. These rules and regulations shall apply after
the effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "N'
which is adjacent to Fairmont Parkway, State Highway 225, or State
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
~ One freestanding identification sign shall be permitted
for each side of an industrial establishment that
fronts on an improved public right-of-way.
~ Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
~ One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
~
Freestanding identification signs for
businesses shall not exceed 350 square feet.
multiple
~ Freestanding identification signs shall not exceed 45
feet in height.
~ Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100 r strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or State Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
14
"EXHIBIT e"
Page 2 of 3
b) The use of earthen berms with approximately 3: 1 side
slopes, 50 I wide at the base and 8' high. The berms
may be landscaped with a combination of trees, shrubs,
and ground cover. All berms and landscaping. will be
maintained by the property owners.
c} A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground
cover that after 5 years growth will be at least 20
feet in height and shall, together with shrubs and
ground cover, create a continuous visual screen.
Provided, however, in public utility easements or
rights-of-way, the vegetation shall be installed and
maintained in a manner which is acceptable to the
public utility company, and does not interfere with the
operation and maintenance of the public utility
facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of
the new development that is parallel to the roadway.
Screening shall not be required for new development that is
to the rear of or behind existing facilities.
In all cases the 50' strip, along the entire roadway
frontage, shall be dedicated as a landscape easement and
shall be kept free from any improvements except for approved
driveway access and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
d} In the case of land contiguous to Fairmont Parkway, in
addi tion to the other requirements of these Rules and
Regulations, Company shall dedicate to City by Plat a
ten foot (10') wide pedestrian and bicycle easement,
extending along Company's Fairmont Parkway boundary,
within the fifty foot {50'} landscape easement. The
pedestrian easement shall not be wi thin any pipeline
facility, except for necessary crossings.
3. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subj ect to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is
more restrictive.
Driveways opening from said strip of
Parkway shall be subj ect to the rules
Harris County and provisions of the
Ordinances, whichever is more
land onto Fairmont
and regulations of
City'S Code of
restrictive.
"EXHIBIT Cn
Page 3 of 3
4 . Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
ORDINANCE NO. 2010-
3;).31
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT
AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA
PORTE AND BAYPORT NORTH, LLC; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The
City
Council
hereby
approves
and
authorizes
the
contract,
agreement,
or
other
undertaking
described in the title of this ordinance, in substantially the
form as shown in the document which is attached hereto and
incorporated herein by the reference.
The City Secretary is
hereby authorized to attest to all such signatures and to affix
the seal of the City to all such documents.
The City Manager is
hereby authori zed to execute said contact, agreement, or other
undertaking described in the title of this ordinance.
Section 2.
The
City
Council
officially
finds,
determines, recites, and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of
the City Council was posted at a place convenient to the public
at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during
which this ordinance and the subj ect matter thereof has been
discussed, considered and formally acted upon.
The City Council
further ratifies, approves and confirms such written notice and
the contents and posting thereof.
Section 3.
This ordinance shall be effective from and
after its passage and approval, and it is so ordered.
ORDINANCE NO. 2009- SJ.?J 7
PASSED AND APPROVED, this cJ ~
ATTEST:
Lfl1/1uJtLtl tfitfit!
Martha A. Gillett
City Secretary
I
APPROVED: d
//
\ /i ,
,~tJ~~
Knox W. Askins
City Attorney
PAGE 2
day of
aLMI
I
, 2010.
CITY OF LA PORTE
By:
STATE OF TEXAS S
COUNTYOFHA~S S
CITY OF LA PORTE
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and BAYPORT
NORTH. LLC. hereinafter called "COMPANY".
I.
COMPANY is the owner of certain real property which is situated within the CITY'S
Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY
and COMPANY are parties to a current Industrial District Agreement.
II.
COMPANY is desirous of purchasing potable water from CITY for usual human domestic
uses. Previous planning considerations for the long-range potable water supply of CITY did not
include the needs of properties located outside the corporate limits of CITY. COMPANY
recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY
agrees, however, to provide limited potable water service to COMPANY. For and in consideration
offumishing domestic potable water by CITY, the parties hereto agree as follows, to-wit:
III.
COMPANY has made certain representations to CITY as to the number of employees that
will be located at the COMPANY'S property as of the date of this agreement, upon which
representations CITY has relied in entering into this Agreement.
Upon review of these representations, the City has determined the following:
Number of Full-Time Employees on site
35
+ Number of Full-Time Contract Employees on site
o
= Total On-Site Full-Time Employees
35
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee)
53,375
Total Amount of Potable Water Approved for
COMPANY (Average Daily Volume, gpd)
53.375
2
IV.
CITY has determined that adequate resources are available to CITY to furnish potable water
to COMPANY based on the following terms and conditions, to-wit:
(A) COMPANY shall pay to CITY a one-time administrative fee of $5.000.
(B) The total amount of potable water approved to COMPANY is established at Fifty Three
Thousand Three Hundred Seventy Five (53.375) !!allons per day. This number is based on an
average of fifty (50) gallons per employee per day as established by CITY.
(C) The average monthly volume of Fifty Three Thousand Three Hundred Seventy Five (53.375)
!!allons is established by multiplying the average daily volume by a factor of 30.5, which shall
be used to facilitate CITY'S utility service billings.
(D) Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly volume of Fifty Three Thousand Three Hundred Seventy Five (53.375) !!allons.
Repeated consumption greater than the established average monthly volume may result in
termination of service.
(E) COMPANY shall pay the standard water tap/meter fee based on CITY'S current tap/meter
fee schedule. Upon final approval of COMPANY'S on-site and/or off-site utility
construction by CITY, COMPANY shall pay the CITY'S standard water deposit fee through
CITY'S Utility Billing Division prior to receiving water service from CITY.
(F) The cost of water up to the average monthly volume of Fifty Three Thousand Three Hundred
Seventy Five (53.375) !!allons shall be billed at one hundred fifty percent (150%) of the CITY'S
rate as established from time to time for commercial customers inside its corporate limits.
(0) The cost of water for amounts used in excess ofthe established average monthly volume shall be
billed at two hundred percent (200%) of the CITY'S rate as established from time to time for
commercial customers inside its corporate limits.
(H) COMPANY shall submit a preliminary site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. COMPANY'S
development may be subject to certain additional requirements as described in Exhibit A. These
requirements shall be shown on the final site plan and approved by City.
(I) COMPANY'S site design and site development will, in certain cases, be subject to specific
"Rules and Regulations" as defined in Exhibit "c" of COMPANY'S Industrial District
Agreement with CITY.
(1) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements.
(K) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to
3
protect CITY from any possible cross-connections.
(L) COMPANY'S potable water supply system will be segregated from any existing and future fire
protection system.
(M) The total cost for the engineering design and construction of any potable water main, service
line, back flow preventer, meter or other required appurtenances will be the responsibility of
COMPANY.
(N) COMPANY agrees to be bound by all applicable ordinances of CITY, relative to the furnishing
of potable water to customers within the corporate limits of CITY.
(0) There shall be no resale of water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(P) CITY'S personnel shall have the right of prior review and approval of COMPANY'S plans and
specifications for the plumbing system(s). CITY shall have the right to inspect any and all work
related to the furnishing of potable water to COMPANY.
(Q) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY
if an emergency arises and there is not an adequate water supply to meet the needs of the citizens
of La Porte.
(R) CITY reserves the right to enforce its drought contingency plan on all water customers at
CITY'S sole discretion.
(S) CITY does not guarantee its water system to provide specific water pressure and/or water
volume requirements of COMPANY.
V.
All expenses of the installation of the meter; service lines from the main to the meter; and
from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY.
COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter.
CITY shall own the meter.
VI.
In the event a State or Harris County license, permit, or permission to install the water main
is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of
such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S water facilities, reading its water meter(s) and to observe compliance with the terms
and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY
4
in advance. CITY also agrees to follow established health and safety policies In effect at
COMPANY'S facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms and
provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects
within ten (10) calendar days from date of written notice by CITY may result in termination of
Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect
or deficiency, when in its opinion the integrity of the public water supply is threatened.
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to
prepare for transition to another water supply. If the transition is not complete within said six-month
period, CITY shall have the right to terminate water service at its sole discretion.
X.
In the event of any conflict between the terms and prOVISIOns of this Water Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict.
The term of this Agreement shall expire on December 31. 2019, plus any renewals and extensions
thereof. However, this Agreement shall automatically expire at such time as there is no effective
Industrial District Agreement between the parties or if CITY exercises its right oftermination.
ENTERED INTO effective the
day of
Prinred Nom" ::To hr- (2.<:;;:;. 0
Company Representative's Title: (J~5IdeAf
Company's Address:
b'-f3 ~~\~"'l~
tJ. v's;4" J;:... 77 D<1 \
ATTEST:
#)1lfL17tLtl/t4
Martha A. Gillett
City Secretary
APPR~:E~: _; /1
%~tJ~' I By'.
. ,p~
f
Knox W. Askins
City Attorney
5
6
EXHIBIT "A"
to Water Service Agreement
The Water Service Agreement is hereby amended and supplemented to include the following
additional requirements agreed to by CITY and COMPANY. These requirements represent
contractual obligations of COMPANY to receive water service from CITY per the terms of the
Water Service Agreement and this addendum. COMPANY shall fulfill each of the following
additional requirements as set forth below.
Additional Reauirements of COMPANY:
1. Usage of CITY water by COMPANY for purposes other than human consumption
(domestic purposes) shall be limited to the following: N/ A .
2. COMPANY shall pay to CITY $0.00 as a pro-rata reimbursement for construction of the
water main serving its property by other parties.
Initial for Aooroval:
CITY APPROY AL: -f!1'
COMPANY APPROVAL: J1Z
STATE OF TEXAS ~
COUNTY OF HARRIS ~
CITY OF LA PORTE
SANITARY SEWER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and BAYPORT
NORTH. LLC, hereinafter called "COMPANY".
I.
COMPANY is the COMPANY of certain real property, which is situated in CITY'S
Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY
and COMPANY are parties to a current Industrial District Agreement.
II.
COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and
unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service
to COMPANY. For and in consideration offumishing sanitary sewer service by CITY, the parties
hereto agree as follows, to-wit:
III.
COMPANY has made certain representations to CITY as to the number of employees, as of
the date of this agreement, upon which representations CITY has relied in entering into this
Agreement.
Upon review of these representations, the City has determined the following.
Number of Employees on-site
35
Number of Contract Employees
o
Total on-site Employees
35
Sanitary Sewer Desired for Domestic Use
(Total on-site times 50 gpd per employee)
53,375
Total Amount of Sanitary Sewer Approved
For COMPANY (Average Daily Volume, gpd)
53.375
2
IV.
CITY has determined that adequate facilities are available to allow CITY to furnish sanitary
sewer to COMPANY based on the following terms and conditions, to-wit:
(A). COMPANY shall pay to CITY a one-time administrative connection charge of $5.000.
(B). COMPANY shall pay the standard sewer tap fee based on CITY'S current sewer tap fee
schedule. Upon final approval of COMPANY'S on-site and/or off-site utility construction by
CITY, COMPANY shall pay the CITY'S standard sewer deposit fee through CITY'S Utility
Billing Division prior to receiving sewer service from CITY.
(C). The average daily volume is established at Fiftv Three Thousand Three Hundred Seventy
Five (53.375) Imllons per day. This number is based on an average of fifty (50) gallons per
employee per day established by CITY.
(D). The average monthly volume is calculated to be eighty-five percent (85%) of the average daily
volume multiplied by a factor of30.5, which shall be used to facilitate service billings.
(E). The cost of sanitary sewer service up to the average monthly volume of Forty Five Thousand
Three Hundred Sixty Nine (45.369) 2allons shall be one hundred fifty percent (150%) of the
CITY'S rate as established from time to time for commercial customers inside its corporate
limits.
(F). The cost of sanitary sewer service for amounts in excess of the established average monthly
volume shall be two hundred percent (200%) of the CITY'S rate as established from time to
time for commercial customers inside its corporate limits.
(0). Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly volume of Forty Five Thousand Three Hundred Sixty Nine (45.369) 2allons.
Repeated sanitary sewer delivery greater than the established average monthly volume may
result in termination of service.
(H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the
CITY may require the suspension of use of the sanitary sewer system for periods not to exceed
thirty-six hours.
(I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to
COMPANY if an emergency arises and there is not an adequate sewer collection or treatment
capacity to meet the needs of the citizens of La Porte.
(J). COMPANY shall file application with CITY for an Industrial Waste Permit and hereby agrees
to be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Code of
Ordinances) and any subsequent amendments or revisions.
(K). Owner shall install a sanitary sewer sampling well in accordance with CITY'S standards to
ensure no sewer waste, other than domestic waste enters its sanitary sewer system.
3
(L). The total cost for the engineering design and construction of any sanitary sewer main, service
line, lift station, meter or other required appurtenances will be the responsibility of
COMPANY.
(M). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of sanitary sewer service to customers within the corporate limits of CITY.
(N). COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards.
(0). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements. CITY'S
engineering and code enforcement personnel shall have the right of prior review and approval
of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing
inspectors shall have the right to inspect any and all work related to the furnishing of sanitary
sewer service to COMPANY.
(P). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
(Q). COMPANY shall submit a certified site plan showing the total acreage of the tract induding
present and proposed improvements and a suitable location map of the site. COMPANY'S
development project may be subject to certain additional requirements as described in Exhibit
"A", attached. These requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of service lines from the main to the COMPANY'S facilities
shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines
and plumbing facilities.
VI.
In the event a State or Harris County license, permit, or permission to install the sanitary
sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the
expense of such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of
this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance.
CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms and
provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects
4
within ten (10) days may result in termination of Agreement. CITY shall have the right to
summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the
integrity of the public sanitary sewer system is threatened.
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to
prepare for transition to another sanitary sewer service provider. If the transition is not complete
within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole
discretion.
x.
In the event of any conflict between the terms and provisions of this Sanitary Sewer Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions ofthe Sanitary Sewer Service Agreement shall control, to the extent of such
conflict. The term of this Agreement shall terminate on December 31. 2019. However, this
Agreement shall automatically expire at such time as there is no effective Industrial District
Agreement between the parties or if CITY exercises its right of termination.
ENTERED INTO effective the
day of
A~~~
/." //
Signature f Cry'S Authorized Representative
Printe :J;)h~ ~Oj:;'W
Company Representative's Title: (Jre--Sf)e/l!
Company's Address:
6 if J ~ohe-t'( Y\. C;
-/
J(/5~/l ~ 7)()9/
ATTEST:
~t1U/;1i tl4R/
Martha A. Gillett
City Secretary
APPROVJiD: II
z/h::/aJ tiiI~
Knox W. Askins
City Attorney
5
CITY OF LA PORTE
~~
Barry Beasley
Mayor '
6
EXHIBIT "A"
to.wmer Servi~~ment
.shVd",ey
ftJ'r
The Sanitary Service Agreement is hereby amended and supplemented to include the following
additional requirements agreed to by CITY and COMPANY. These requirements represent
contractual obligations of COMPANY to receive sewer service from CITY per the terms of the
Sanitary Service Agreement and this addendum. COMPANY shall fulfill each of the following
additional requirements as set forth below.
Additional Requirements of COMPANY:
1. Usage of CITY sewer by COMPANY for purposes other than human consumption
(domestic purposes) shall be limited to the following: N/A
2. COMPANY shall pay to CITY $0.00 as a pro-rata reimbursement for construction of the
sanitary sewer main serving its property by other parties.
Initial for ADDroval:
CITY APPROVAL:
j((
COMPANY APPROVAL:
7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 26, 2010
Requested By: Stacey Osborne
Department: CMO
Appropriation
Source of Funds: SOURCE
Account Number:
Report: _ Resolution:
Ordinance: x
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
We have given three presentations and had three discussions regarding tax abatements. These were workshop items
in the City Council meetings on February 8 and February 22 and at the Council Retreat on AprillO.
The tax abatement proposal that we last discussed targets three specific categories of business: (1) Rail-served
Regional and Service Distribution Facilities; (2) Manufacturing Facilities and Other Basic Industry; and (3) Retail,
Commercial Office, and Regional Entertainment Facilities. Each of those facilities is defined in the Tax Abatement
Guidelines and Criteria-20lO, which is based on the Tax Abatement Guidelines and Criteria that were previously in
place for the City of La Porte. An amended Guidelines and Criteria, with strike-through, is presented for your
reference.
We propose to offer incentives at rates that will heavily favor businesses in the retail, office, and regional
entertainment industries. To qualify for tax abatements, businesses in all three categories must provide a minimum
capital investment of $3 million (amended from $5 million in our earlier proposal) 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. They would also require a job commitment of at least 10 jobs. The rebates for the different
categories would be as follows:
Warehouse/transportation: 10% for rail-served facilities only. (NOTE: Per our discussion at the February 22
workshop we took out the Warehouse /transportation category, but we added rail-served facilities back into
consideration after the Council Retreat on AprillO.)
Manufacturing: 10%
Retail/Office: 10% - 50%, depending upon the square footage of the building space. (NOTE: Per the discussion at
our February 22 discussion we added an additional category for retail with 0 - 50k square footage.)
The next steps for offering tax abatements begin with the City adopting a resolution and adopting tax abatement
guidelines and criteria. Then, once a property has requested a tax abatement, the City will hold a public hearing and
designate an area as a "reinvestment zone" (which is not the same thing as a TIRZ). Written notice of the intent to
enter into a tax abatement agreement will be submitted to all other taxing entities (e.g. the County), and the City
approves the agreement by a majority vote. Other taxing entities will have the option to enter into a separate
agreement with the property owner after the City has approved the tax abatement agreement.
We feel that this tax abatement package would serve as a valuable tool for attracting the types of businesses we need
in La Porte, and serve as an important part of our economic development strategy.
Action Required bv Council:
Consider approval of an ordinance amending the Code of Ordinances of the City Of La Porte by adding Article V
G. lines and Criteria Governing Tax Abatement Agreements by the City Of La Porte.
~ {u. {al
Ron Bottoms, City Manager
date
ORDINANCE NO. 3245
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY REPEALING ARTICLE V "GUIDELINES AND CRITERIA GOVERNING
TAX ABATEMENT AGREEMENTS BY THE CITY OF LA PORTE", SECTIONS 66-140
THROUGH 66-151 INCLUSIVE, AND REPLACING WITH NEW ARTICLE V
"GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS BY
THE CITY OF LA PORTE", SECTIONS 66-140 THROUGH 66-151 INCLUSIVE, FOR
THE PURPOSE OF ADOPTING NEW REGULATIONS FOR TAX ABATEMENT
AGREEMENTS WITH THE CITY OF LA PORTE; CONTAINING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby amends the Code of
Ordinances ofthe City of La Porte by repealing Article V. "Guidelines and Criteria Governing
Tax Abatement Agreements by the City of La Porte", Sections 66-140 through 66-151 and
replacing with new Article V. "Guidelines and Criteria Governing Tax Abatement Agreements by
the City of La Porte", Sections 66-140 through 66-151 inclusive, as follows, to-wit:
"ARTICLE V. GUIDELINES AND CRITERIA
GOVERNING TAX ABATEMENT AGREEMENTS
Section 66-140. REDEVELOPMENT TAX ABATEMENT AUTHORIZED.
(1) Creation of Reinvestment Zones.
(a) A property tax abatement program is hereby created to be administered in accordance with
V.T.C.A., Tax Code Ch. 312, as amended from time to time. Tax abatement shall only be allowed
in a reinvestment zone.
(b) Reinvestment zones in the city for this purpose will be considered for designation by city
council upon the recommendation of the City Manager's Office. The city council may approve the
creation of these reinvestment zones on a zone-by-zone basis after a public hearing before the city
council. Following the public hearing the city council may consider the ordinance creating a new
reinvestment zone in the proposed area.
(c) The city council may not adopt an ordinance designating a reinvestment zone until it has held
a public hearing at which interested persons are entitled to speak and present evidence for or against
the designation. Notice of the hearing shall be given at least seven days prior to the hearing. The
presiding officers of eligible jurisdictions shall be notified in writing at least seven days prior to the
hearing.
A notice of the public hearing shall be given to other affected taxing jurisdictions, published
in the legal classified section of the local daily newspaper having general circulation, and posted in
other places as deemed appropriate, including notice to civic associations in the area surrounding
the proposed zone, at least seven days prior to the hearing. The notice shall contain the location,
- 1 -
time, and place of the public hearing and a description of the proposed boundaries of the
reinvestment zone.
(d) The designation of such a zone by ordinance shall constitute an affirmative finding by the city
council that the improvements sought to be constructed or repairs to be made within the zone are
feasible and practical and would be of benefit to the land to be included within a zone and to the
city.
(e) In determining whether an area qualifies as a reinvestment zone for the property tax
abatement program, the city council shall use anyone or more of the following criteria as
guidelines:
(1) The area substantially impairs or arrests the sound growth of the city; retards the
provision of housing accommodations, or constitutes an economic or social liability and is a
menace to the public health, safety, morals, or welfare in its present condition and use by
reasons of the presence of substantial number of substandard, slum, deteriorated, or
deteriorating structures, predominance of defective or inadequate sidewalks or street layout;
faulty lot layout in relation to size, accessibility, or usefulness, unsanitary or unsafe
conditions; deterioration of site or other improvements; tax or special assessment
delinquency exceeds the fair value of the land; defective or unusual conditions of title; the
existence of conditions that endanger life or property by fire or other cause; or any
combination of these factors or conditions.
(2) The area is predominantly open and, because of obsolete platting or deterioration of
structures or site improvements or other factors, substantially impairs or arrests the sound
growth of the city.
(3) The area has been designated a local or state-federal enterprise zone under the Texas
Enterprise Zone Act.
(4) The area is located wholly within an eligible blighted area, as identified from time to
time by city council.
(5) There has been a demonstration of community interest and there is evidence that
substantial number of owners of taxable real property in the reinvestment zone will
participate in such a program.
(6) Be reasonably likely as a result of the designation to contribute to the retention or
expansion of primary employment or to attract major investment in the zone that would be a
benefit to the property and that would contribute to the economic development of the city.
(f) The goals and objectives expressed above and the standards and restrictions expressed in
V.T.C.A., Tax Code Ch. 312, as amended, are not exhaustive and shall be supplemented by such
further and additional goals, objectives, rules, standards and restrictions as the city council may
from time to time impose.
(g) The designation of a reinvestment zone hereunder shall expire five years after the date of its
designation and may be renewed for periods not to exceed five years. The expiration of a
- 2 -
designation, however, shall not affect existing agreements entered into pursuant to section 66-140 or
section 66-145 of this chapter.
(2) Agreement for redevelopment property tax abatement.
(a) Upon designation of a reinvestment zone, the city may enter into property tax abatement
agreements with interested owners of taxable real property located within the reinvestment zone.
The agreement shall be conditioned on the owner of the property making certain improvement or
repairs to the property as outlined in Section 66-143, "Application", of this Article.
(b) In addition to the guidelines and criteria contained herein, to be eligible for tax abatement the
planned improvement:
(1) Should provide an economic benefit to the city, taking all relevant factors into
consideration, including (i) size of the abatement, (ii) income from sales tax and
franchise fees generated by the planned improvement, and (iii) any additional
expense to the city services as a result of the improvement; and
(2) Must be necessary because capacity cannot be provided efficiently utilizing
existing improved property when reasonable allowance is made for necessary
improvements; and
(c) Property in a reinvestment zone that is owned or leased by a member of the city councilor by
a member of the city planning commission is excluded from property tax abatement.
(d) The city may enter into a property tax abatement agreement with the interested owners of
taxable real property for improvements or repairs completed before the city's approval of the tax
abatement agreement if:
(1) The applicant has complied with the requirements of section 66-143 of this
Article; and
(2) The applicant provides evidence of good cause as to why the city should grant
tax abatements for improvements or repairs completed before the city's approval of
the tax abatement agreement; and
(3) The agreement is consistent with the requirements of subsections (a) through
(c) above, except as provided in paragraph (2) of this subsection.
Notwithstanding any other provision of this section, for tax abatement agreements approved
under this subsection (d), city council shall determine the year that property tax abatement shall
begin.
- 3 -
Section 66-141. DEFINITIONS
(a) "Abatement" means the full or partial exemption from ad valorem taxes of certain real property
(including fixed-in-place machinery & equipment) in a reinvestment zone designated for
economic development purposes.
(b) "Eligible Jurisdiction" means the city and any school district, college district or other taxing
district eligible to abate its taxes according to Texas law that levies ad valorem taxes upon and
provides services to property located within the proposed or existing reinvestment zone.
(c) "Agreement" means a contractual agreement between a property owner and/or lessee and an
eligible jurisdiction for the purposes of tax abatement.
(d) "Base Year Value" means the assessed value of eligible property on January 1 preceding the
execution of the agreement plus the agreed upon value of eligible property improvements made
after January 1, but before the execution of the agreement, or the sales price, if the property was
conveyed subsequent to January 1, whichever is greater.
(e) "Commercial Office Facility" means office buildings utilized by or rented primarily to non-
retail users. These buildings are designed as garden, mid-rise or high-rise structures.
(f) "Department" shall mean the department of finance of the city.
(g) "Economic Life" means the number of years a property improvement is expected to be in
service in a facility.
(h) "Employee" means a person whose employment is both permanent and fulltime, who works for
and is an employee of the Owner or an employee of a Contractor, who works a minimum of
1,750 hours per year exclusively within the Zone, who receives industry standard benefits, and
whose employment is reflected in the Owner's (and Contractor's, if applicable) quarterly report
filed with the Texas Workforce Commission; but excluding any direct contract (seasonal, part-
time, and full-time equivalent).
(i) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for
purposes of increasing production capacity.
(j) "Facility" means property improvements completed or in the process of construction which
together comprise an integral whole.
(k) "Manufacturing Facility" means buildings and structures, including fixed-in-place machinery
and equipment, the primary purpose of which is or will be the manufacture of tangible goods or
materials or the processing of such goods or materials by physical or chemical change.
(1) "New Facility" means a property, previously undeveloped, which is placed into service by
means other than or in conjunction with expansion or modernization.
- 4 -
(m)"Other Basic Industry Facility" means buildings and structures including fixed machinery and
equipment not elsewhere described, used or to be used for the production of products or services
which primarily serve a market in the creation of new permanent employment and bring in new
wealth.
(n) "Owner of taxable real property" shall mean the person, corporation, company or other entity
responsible for paying property taxes on certain property or an interest therein including a
leasehold interest or interests.
(0) "Regional Distribution Center Facility" means buildings and structures, including fixed
machinery and equipment, used or to be used primarily to receive, store, service or distribute
goods or materials owned by the facility operator where a majority of the goods or services are
distributed to points outside the city.
(p) "Regional Entertainment Facility" means buildings and structures, including fixed machinery
and equipment, used or to be used to provide entertainment through the admission of the general
public where the majority of users reside outside the city.
(q) "Regional Service Facility" means buildings and structures, including fixed machinery and
equipment, used or to be used to service goods where a majority of the goods being serviced
originate outside the city.
(r) "Retail Facility" means buildings and structures used or to be used for the conducting and
management of business, including the storing and selling of goods directly to the customer.
Section 66-142. ABATEMENT AUTHORIZED
(a) Authorized Facility. A facility may be eligible for abatement if it is a: Regional Distribution
Center Facility that is rail-served, Regional Service Facility that is rail-served, Manufacturing
Facility, Other Basic Industry, Regional Entertainment Facility, Commercial Office Facility, or
Retail Facility.
(b) Creation of New Value. Abatement may only be granted for the additional value of eligible real
property (including fixed-in-place machinery and equipment) listed in an abatement agreement
between the City and the property owner and lessee (if required), subject to such limitations as
City Council and the property tax code may require.
(c) New and Existing Facilities. Abatement may be granted for new facilities, the expansion of
existing facilities, or the improvement to existing facilities having the effect of improving
current environmental conditions.
(d) Eligible Property. Abatement may be extended to the value of buildings, structures, fixed
machinery and equipment, site improvements plus that office space and related fixed
improvements necessary to the operation and administration of the facility. The value of all
property shall be the Certified Appraised Value for each year, as finally determined by the
County Appraisal District ("HCAD").
- 5 -
(e) Ineligible Property. The following types of property shall be fully taxable and ineligible for
abatement: land; inventories; supplies; tools; furnishings, and other forms of movable personal
property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance
investments; property to be rented or leased (except as provided in the Section 66-142(f),
"Owned/Leased Facilities"); property which has an economic life of less than 15 years; property
owned or used by the State of Texas or its political subdivisions or by any organization owned,
operated or directed by a political subdivision of the State of Texas, or any property exempted
by local, state or federal law. When such exempted property includes manufacturing machinery
and equipment listed in the Investment Budget (as required in Section 3, "Application"), then
the value of such property may not be included toward the achievement of the investment or
valuation thresholds set out in the Tax Abatement Agreement.
(f) Owned/Leased Facilities. If a leased facility is granted abatement the agreement shall be
executed by both the lessor and the lessee.
(g) Value and Term of Abatement. A tax abatement shall be granted in accordance with the terms of
a Tax Abatement Agreement, as follows:
1. Either with the January 1 st valuation date immediately following the date of
execution of the agreement or a subsequent January 1st valuation date not more than
three years after execution of a tax abatement agreement, but not beyond the
completion of construction. Projects are eligible for abatement of new value. Under
no circumstances will any facility be granted the benefit of a tax abatement for
longer than five (5) years. Value subject to abatement must remain greater than or
equal to the contractually-defined "Minimum Value Requirement."
To determine the amount of each year's exemption, the adjusted cap shall be multiplied
by a sliding scale as follows:
Type of Facility Year 1 Year 2 Year 3 Year 4 Year 5
Abatement Abatement Abatement Abatement Abatement
Regional Distribution/Svc 20% 15% 5% 5% 5%
(rail-served facility)
Manufacturing! 20% 15% 5% 5% 5%
Other Basic Industry
RetaiVOffice/Regional Entertainment 20% 15% 5% 5% 5%
(0 - 50k s.f.)
Retail/Office/Regional Entertainment 50% 25% 10% 10% 5%
(50k - lOOk s.f.)
RetaiVOffice/Regional Entertainment 50% 50% 25% 25% 25%
(lOOk - 200k s.f.)
Retail/Office/Regional Entertainment 50% 50% 50% 50% 50%
(200k s.f. or more)
2. No tax abatement shall be given in any year in which the facility fails to meet the
contractually defined "Minimum Value Requirement."
- 6 -
3. All Tax Abatement Agreements shall set out in detail the exact method to be used in
computing each year's exemption.
4. No tax abatement shall be given in any year in which the facility fails to meet the
employment minimum set forth in Section 66-142(h), "Basic Qualifications for Tax
Abatement" of this Article.
(h) Basic Qualifications for Tax Abatement. To be eligible for designation as a reinvestment zone
and receive tax abatement the planned improvement:
1. must be shown to increase the assessed value of the property at least $3.0 million
upon completion of the contractually-defined "Construction Period;"
2. must be shown to directly create or prevent the loss of permanent full-time
employment for at least 10 people within the reinvestment zone upon completion of
the contractually-defined "Employment Period;"
3. must be shown not to solely or primarily have the effect of transferring employment
from one part of City to another.
4. the City may, at its discretion, take into account alternative or competing site
information provided with the application for tax abatement.
(i) Taxability. From the execution of the abatement to the end of the agreement period, taxes shall
be payable as follows:
1. value of ineligible property (as provided III Section 66-142 (e), "Ineligible
Property,") shall be fully taxable;
2. the non abatable real property within the reinvestment zone shall be fully taxable
each year;
3. additional value of new eligible property shall be taxable in the manner described in
Section 66-142 (g), "Value and Term of Abatement;"
4. when due to the employment formula (as described in Section 66-142 (g), "Value
and Term of Abatement,"), the maximum amount eligible for abatement ("the cap")
is less than the total value of the new facility, the amount of the cap will be reduced
each year at the same rate as the taxable improvements are reduced in value from the
previous year's value; and
5. each year's exemption will be computed by HeAD in the following manner:
(a) The Base Property Value will be the current value of all real property plus fixed-
in-place machinery and equipment within the zone that is not subject to
abatement.
- 7 -
(b) The Base Year Value will be subtracted from the value of the Abated Property
plus the Base Property Value, the result to be called Current Amount Eligible for
Abatement. In no case can this amount exceed the cap set out in the abatement
contract.
(c) The Current Amount Eligible for Abatement is then multiplied by the abatement
schedule set out in section 66-142 (g) to determine the amount of each year's
exemption.
G) Environmental and Worker Safety Qualification. In determining whether to grant a tax
abatement, consideration will be given to compliance with all state and federal laws designed to
protect human health, welfare and the environment ("environmental laws") that are applicable to
all facilities in the State of Texas owned or operated by the owner of the facility or lessee, its
parent, subsidiaries and, if a joint venture or partnership, every member of the joint venture or
partnership ("applicants"). Consideration may also be given to compliance with environmental
and worker safety laws by applicants at other facilities within the United States.
Section 66-143. APPLICATION
(a) Timely application: Any current or potential owner or lessee of taxable property in
City must request a tax abatement by filing a completed application with the City prior to any
public expression of a siting decision or any commitment (legal or financial) to the proposed
project.
(b) A complete application package for consideration of a tax abatement shall consist of:
· a completed City Application form;
· a completed narrative prepared in accordance with the template provided with
the City Application and its instructions;
· an "Investment Budget" detailing components and costs of the real property
improvements and fixed-in-place improvements for which tax abatement is
requested, including type, number, economic life, and eligibility for a tax
exemption granted by the Texas Commission on Environmental Quality
("TCEQ") (if known);
· a map and legal description of the property;
· a time schedule for undertaking and completing the proposed improvements;
· a ten-year environmental and worker safety compliance history for all facilities
located within the State of Texas and owned in whole or in part by applicants (as
defined in Section 66-l42(k), "Environmental and Worker Safety Qualification");
· copies of the immediately preceding quarterly report(s) filed with the Texas
Workforce Commission, documenting the current number of permanent full-
- 8 -
time employees, and full-time Contractor employees, if any, at the time the
application is submitted;
· financial and other information, as the City deems appropriate for evaluating
the financial capacity and other factors of the applicant;
· certification prepared by City Tax Assessor-Collector stating that all
tax accounts within City are paid on a current basis;
· for a leasedfaGility, the applicant shall provide with the application the name
and address of the lessor and a draft copy of the proposed lease, or option
contract. In the event a lease or option contract has already been executed with
owner of site, the document must include a provision whereby abatement
applicant may terminate such contract without penalty or loss of earnest money,
in the event that City does not grant a tax abatement.
(c) Upon receipt of a completed application, the City shall notify in writing and
provide a copy of the application to the presiding officer of the governing body of
each eligible taxing jurisdiction.
(d) After receipt of an application for creation of a reinvestment zone and application for
abatement, the City shall determine whether the application qualifies for a tax
abatement under the terms of these guidelines and criteria. Such determination may
be delegated to an employee or City department. If it is determined that an
application qualifies for abatement, it shall be recommended to the City Council
that the applicant be notified in writing that subject to a public hearing, if applicable,
and approval of a contract by City Council, the project qualifies for abatement.
(e) The City shall not establish a reinvestment zone or enter into an abatement
agreement if it finds that the request for the abatement was filed after the
commencement of construction, alteration, or installation of improvements related to
a proposed modernization, expansion or new facility. Property eligible for abatement
includes only the new improvements that occur after the completion of an abatement
agreement with City.
Section 66-144. PUBLIC HEARING AND APPROVAL
(a) The City Council may not adopt an ordinance designating a reinvestment
zone for the purposes of considering approval of a tax abatement until it has held a public
hearing at which interested persons are entitled to speak and present evidence for or
against the designation. Notice of the hearing shall be clearly identified on the City
Council agenda at least 10 days prior to the hearing. The presiding officers of
eligible Jurisdictions shall be notified in writing at least 7 days prior to the hearing.
(b) At the public hearing, interested persons shall be entitled to speak and present written
materials for or against the approval of the proposed project or tax abatement agreement.
- 9 -
(c) In order to enter into a tax abatement agreement, the City Council must find that
the terms of the proposed agreement meet these Guidelines and Criteria and that:
1. there will be no substantial adverse effect on the provision of the
jurisdictions' service or tax base; and
2. the planned use ofthe property will not constitute a hazard to public safety,
health or morals.
Any variance to these guidelines must be approved by a vote of at least three-fourths (3/4)
of the City Council.
Section 66-145. AGREEMENT
After approval the City shall formally pass an ordinance and execute an agreement with the owner
of the facility and lessee as required which shall include:
(a) estimated value to be abated and the base year value;
(b) percent of value to be abated each year as provided in Section 66-142 ("Abatement Authorized);
(c) the commencement date and the termination date of abatement;
(d) the proposed use of the facility; nature of construction, time schedule, survey, property
description and improvement list;
(e) contractual obligations in the event of default, violation of terms or conditions, delinquent taxes,
recapture, administration and assignment as provided in Section 66-142 (" Abatement
Authorized"), Section 66-146 ("Recapture"), Section 66-147 ("Administration"), and Section
66-148 ("Assignment"), or other provisions that may be required for uniformity or by state law;
(f) amount of investment, increase in assessed value and number of jobs involved, as provided in
Section 66-142 ("Abatement Authorized");
(g) a requirement that the applicant annually submit to HCAD and City, a January employee count
for the abated facility which corresponds to employment counts reported in the facility's
Employer's Quarterly Report to the Texas Workforce Commission for the quarter most recently
ended at calendar year-end, and a separate notarized letter certifying the number of jobs created
or retained as a direct result of the abated improvements and the number of employees in other
facilities located within the City and the compliance with the environmental and worker safety
requirements in the agreement for the preceding calendar year, for as of January 1. Submission
shall be used to determine abatement eligibility for that year and shall be subject to audit if
requested by the governing body. Failure to submit will result in the ineligibility to receive an
abatement for that year; and
- 10 -
(h) A requirement that the owner or lessee will (a) obtain and maintain all required permits and
other authorizations from the United States Environmental Protection Agency and the TCEQ for
the construction and operation of its facility and for the storage, transport and disposal of solid
waste; and (b) seek a permit from the TCEQ for all grandfathered units on the site of the abated
facility by filing with the TCEQ, within three years of receiving the abatement, a technically
complete application for such a permit.
(i) Amount of investment and total permanent employees to be retained or created and total full-
time equivalent jobs to be retained or created.
(j) A requirement that the company, on or before February 1 of each year the tax abatement
agreement is in effect, provide the director a sworn statement that includes a delineation of the
number of permanent employees, contract employees and part-time employees of the applicant
company as of the immediately preceding January 1, who report to work in the reinvestment
zone at each site covered by the agreement.
(k) A requirement that the company annually file the Form 111.28 with the appropriate County
appraisal district to qualify for the abatement.
(1) Limit the uses of the property consistent with the general purpose of encouraging development
or redevelopment of the zone during the period that property tax exemptions are in effect.
(m)Contain each term agreed to by the owner of the property.
(n) Require the owner of the property to certify annually to the governing body of each taxing unit
that the owner is in compliance with each applicable term of the agreement.
(0) Provide that the governing body of the municipality may cancel or modify the agreement if the
property owner fails to comply with the agreement.
Such agreement normally shall be executed within 60 days after the applicant has forwarded
all necessary information and documentation to the City
Section 66-146. RECAPTURE
(a) If the facility is completed and begins producing product or service, but subsequently
discontinues producing product or service for any reason for a period of 180 days
during the abatement period, or one year in the event of natural disaster, then the
agreement shall terminate and so shall the abatement of the taxes for the calendar year
during which the facility no longer produces. The taxes otherwise abated for that
calendar year shall be paid to the City within sixty (60) days from the date of
termination. The company or individual shall notify the City in writing at the address
stated in the agreement within ten (10) days from any discontinuation, stating the
reason for the discontinuation and the projected length ofthe discontinuation. If the
City determines that such requirement has not been complied with, the agreement
may be terminated immediately and all taxes previously abated by virtue of the
agreement may be recaptured and paid within sixty (60) days of the termination.
- 11 -
(b) If the company or individual is in default according to the terms and conditions of its
agreement, the company or individual shall notify the City in writing at the address
stated in the agreement within ten (10) days from the default, and cure such default
within sixty (60) days from the date of the default ("Cure Period"). If the City
determines that such requirement has not been complied with, the agreement may be
terminated immediately and all taxes previously abated by virtue of the agreement
may be recaptured, together with interest at 6% per annum calculated from the
effective date of the agreement and paid within sixty (60) days of the termination. If
the City does not receive full payment within said sixty (60) days, a penalty may be
added, equal to 15% of the total amount abated.
(c) If the company or individual allows its ad valorem taxes owed the City to become
delinquent and fails to timely and properly follow the legal procedures for its protest
and/or contest, the agreement then may be terminated, and all taxes previously abated
by the agreement may be recaptured and paid within sixty (60) days of the
termination, and penalties and interest may be assessed as set out in Section 66-146
("Recapture").
Section 66-147. ADMINISTRATION
(a) The Chief Appraiser of the County annually shall determine an assessment of the real
and personal property comprising the reinvestment zone. Each year, the company or
individual receiving abatement shall furnish the assessor with such information as
may be necessary for the abatement. Once value has been established, the Chief
Appraiser shall notify the affected jurisdictions, which levies taxes of the amount of
the assessment.
(b) The agreement shall stipulate that employees and/or designated representatives of the
City will have access to the reinvestment zone during the term ofthe abatement to
inspect the facility to determine if the terms and conditions of the agreement are being
met. All inspections will be made only after giving twenty-four (24) hours prior
notice and will only be conducted in such manner as to not unreasonably interfere
with the construction and/or operation of the facility. All inspections will be made
with one or more representatives of the company or individual and in accordance with
the facility's safety standards.
(c) Upon completion of construction, the City or the jurisdiction creating the
reinvestment zone annually shall evaluate each facility receiving abatement to ensure
compliance with the agreement and report possible violations to the contract and
agreement to the City Council and the City Attorney and the affected jurisdictions which
levy taxes.
Section 66-148. ASSIGNMENT
A tax abatement agreement may be assigned to a new owner or lessee of a facility with the written
consent of the City Council, which consent shall not be unreasonably withheld. Any assignment
- 12 -
shall provide that the assignee shall irrevocably and unconditionally assume all the duties and
obligations of the assignor upon the same terms and conditions as set out in the agreement. Any
assignment of a tax abatement agreement shall be to an entity that continues the same improvements
or repairs to the property (except to the extent such improvements or repairs have been completed),
and continues the same use of the facility as stated in the original Tax Abatement Agreement with
the initial applicant. No assignment shall be approved if the assignor or the assignee is indebted to
the City for past due ad valorem taxes or other obligations.
Section 66-149. SUNSET PROVISION
(a) These Guidelines and Criteria are effective, and will remain in force until
, at which time all tax abatement contracts created pursuant to these provisions
will be reviewed by the City to determine whether the goals have been achieved. Based on
that review, the Guidelines and Criteria will be modified, renewed, or eliminated.
(b) This policy is mutually exclusive of existing Industrial District Contracts and owners
of real property in areas deserving of special attention as agreed by the affected
jurisdictions.
Section 66-150. LIMITATIONS
The adoption of the guidelines and criteria by the city council of the City of La Porte
does not:
(1) Limit the discretion of the city council of the City of La Porte to decide
whether to enter into a specific tax abatement agreement;
(2) Limit the discretion of the city council of the City of La Porte to delegate to its
employees the authority to determine whether or not the governing body should
consider a particular application or request for tax abatement; or
(3) Create any property, contract, or other legal right in any person to have the city
council of the City of La Porte consider or grant a specific application or request for
tax abatement.
Section 66-151. NONAPPLICABLE AREAS; EXCEPTION
The city council of the City of La Porte hereby establishes the policy of the City of La Porte,
that tax abatement agreement applications will not be accepted for areas within any existing
Industrial District or Tax Increment Reinvestment Zone of the City of La Porte or any Industrial
District or Tax Increment Reinvestment Zone, which may be created. However, as to any portion of
such areas which are not within the corporate limits of the City of La Porte, Harris County
Commissioners Court may establish tax abatement agreements for the benefit of itself, and taxing
units other than the City of La Porte having jurisdiction over said area."
- 13 -
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid,
or the application to any person or circumstance for any reasons thereof ineffective or inapplicable,
such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no
way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or
portions, the same shall be and remain in full force and effect and to this end the provisions of this
ordinance are declared to be severable.
Section 4. 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.
PASSED AND APPROVED this 26th day of April, 2010.
- 14-
CITY OF LA PORTE
ATTEST:
C-:1Jlu:~ fi~l/
Martha A. Gillett
City Secretary
APPROVED:
J'
/7
1">/{//!/I'r .~/ I ~'/
Kiiox W. Askins
City Attorney
- 15 -
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXASf
COUNTY OF BAlUUS ~
, I, ~ L? ~ \-.\ \S \ f\ L ~ as a member of the City of La Porte C\ ~ ~
[0 u, ~ C \ \ , make this affidavit and hereby on oath state the following: I have a
substantial interest in a business entity or real property as defined in Chapter 171, Texas Local
GovP-TTl1Tll'51t Code, and a vote is to be taken or a decision is to be made that will have a special
economic effect on this business entity or real property.
The agelKla item on ~ ~ \' 'I \ ~ Iv . 20~. affecting Ibis bosiness entity cneal
property is: \ f\ 'X (;\ ~Af N,\ 'S
COMPLETE (A) OR (B): (A) The business entity ~I'O~\~,f(R-\ \) ('(\~ ON (name); or
(B) The real property is located at:
I have a substantial interest for the following reasons: (check all which are applicable)
_ Ownership of 10% Of more of the voting stock or shares of the business enti1y.
Ownezsbip of 10% Dr more or $15,000 or more of the fair ~t value of the
. /bnsiness CIJtity.
-L Fu:ods received from the business entity exceed 10% of gross income for the
previous year.
_ Real property is involved and I have an equimble or legal ownership of the
property with a fair mad:et value of at least $2,500.
_ A relative of mine bas a substantial interest in the business entity or real
property that would be affected by a decision of the public body of which I
am a member.
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any
decision involving this business entity or real property and from any further participation on this
matter by discussion or debate.
SIDgOO Ibis ~~\ day of (t~~~ ~
Signature of Official
THE STATE OF TEXASf
COUNTY OF HARRIS f
Before me ~ (J; a O. [7 I lie It on this day pc=naIly "!'I'""""
::tell ~r'\ -,-j)L known to me to be the person whose name 15 subscnbed to the
foregoing instn:anent and acknowledged to me that be/she executed the same for the purposes and
consideration therein expressed.
Given UIder my hand and seal of office this /'.\O.f'~daY Of~, 20~.
(SEAL) - -----r- -- --
.tmJ~&J.OfTe'" . @) -
. MARTHA. GILlETT
.., Commtlllon &pim
l ~CIf~\ AuIUlt 31. 2013
-
-
t
-
8
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 4/26110
Requested By: Stacey Osborne
Department: Administration
Appropriation
Report:
Ordinance:
Source of Funds: SOURCE
Account Number: 038-6030-565-30.01
Amount Budgeted: $20,000
Amount Requested: $20,000
Resolution:
Exhibits:
Exhibits:
A~reement with Bay Area Houston
Proposal for Economic Development
Services (Exhibit A to A~reement)
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Bay Area Houston Economic Partnership has focused their efforts on providing services to the City of La Porte and
other cities/areas along the ship channel. Their contract is up for renewal. The La Porte Economic Development
Corporation voted to approve this contract at their meeting on February 1,2010. The contract approval was listed on
the Council Consent Agenda on February 8, 2010 and Council tabled the vote and requested a presentation from
BAHEP. Three representatives from BAHEP gave a presentation at the Council meeting on March 8. It went before
Council for approval on March 22 and no action was taken because the vote was tied, four for and four against. We
are asking Council to once again consider approving the agreement.
Contract Details:
The fee is $20,000 per year, payable in two installments, 1 sl within 30 days of effective date of Agreement and 2nd
within 30 days of the semi-annual meeting and first progress report.
The term of the Agreement is for 3 years. It includes provisions for termination of convenience at any time by
the City and termination for cause at any time by either the City or Bay Area Houston.
Action Reauired bv Council:
Consider approval of the Agreement with Bay Area Houston Economic Partnership to provide economiC
devel ent services.
4 !t~I{)
date
AGREEMENT
THIS AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES ("Agreement"),
as described in PROPOSAL (Exhibit A) TO THE CITY OF LA PORTE is made
effective as of the Effective Date (defined below) between the City of La Porte ("City")
and the Bay Area Houston Economic Partnership ("Contractor"), a Texas 501 (c)(6)
not for profit organization.
Contract Term:
This Agreement is effective on the Effective Date and remains in effect for three (3)
years thereafter, unless sooner terminated under this agreement.
Services:
Contractor agrees to provide the services described in Exhibit A.
Payment Term:
The City shall pay $20,000 per year, in semi-annual installments, for Contractor's
economic development services rendered under this Agreement. Initial payment to
Contractor is due within thirty- (30) days of the Effective Date.
Effective Date:
This Agreement shall be effective as ofJ anuary 1, 2010
Termination for Convenience by the City:
The City may terminate this Agreement at any time by giving 30 days' written notice to
Contractor. The City's right to terminate this Agreement for convenience is cumulative
of all rights and remedies, which exist now or in the future.
On receiving the notice, Contractor shall, unless the notice directs otherwise, immediately
discontinue all services under this Agreement and cancel all existing orders and
subcontracts that are chargeable to this Agreement. As soon as practicable after receiving
the termination notice the City shall then honor payment terms for services rendered
under this agreement unless the fees exceed the allocated funds remaining under this
Agreement.
TERMINATION OF THIS AGREEMENT AND RECEIPT OF PAYMENT FOR
SERVICES RENDERED ARE CONTRACTOR'S ONLY REMEDIES FOR THE
CORPORATION'S TERMINATION FOR CONVENIENCE, WHICH DOES NOT
CONSTITUTE A DEFAULT OR BREACH OF THIS AGREEMENT. CONTRACTOR
1
W AlVES ANY CLAIM (OTHER THAN ITS CLAIM FOR PAYMENT AS SPECIFIED
IN THIS SECTION), IT MAY HAVE NOW OR IN THE FUTURE FOR FINANCIAL
LOSSES OR OTHER DAMAGES RESULTING FROM THE CITY'S TERMINATION
FOR CONVENIENCE.
Termination for Cause by Contractor:
Contractor may terminate its performance under this Agreement only if the City defaults
and fails to cure the default after receiving written notice of it. Default by the City occurs
if the City fails to perform one or more of its material duties under this Agreement. If a
default occurs and Contractor wishes to terminate the Agreement, then Contractor must
deliver a written notice to the city manager describing the default and the proposed
tenl1ination date. The date must be at least 30 days after the city manager receives notice.
Contractor, at its sole option, may extend the proposed termination date to a later date. If
the City cures the default before the proposed termination date, then the proposed
termination is ineffective. If the City does not cure the default before the proposed
termination date, then Contractor may terminate its performance under this Agreement on
the termination date. To effect final termination, the contractor must notify the city
manager in writing.
Termination for Cause by City:
If Contractor defaults under this Agreement, the city manager may either terminate this
Agreement or allow Contractor to cure the default as provided below. The City's right to
terminate this Agreement for Contractor's default is cumulative of all rights and
remedies, which exist now or in the future. Default by Contractor occurs if:
(1) Contractor fails to perform any of its duties under this Agreement;
(2) Contractor becomes insolvent;
(3) all or a substantial part of Contractor's assets are assigned for the benefit of
its creditors; or
(4) a receiver or trustee is appointed for Contractor.
If a default occurs, the city manager may, but is not obligated to, deliver a written notice
to Contractor describing the default and the termination date. The city manager, at his or
her sole option may extend the termination date to a later date. If the city manager allows
Contractor to cure the default and Contractor does so to the city manager's satisfaction
before the termination date, then the termination is ineffective. If Contractor does not
cure the default before the termination date, then the city manager may terminate this
Agreement on the termination date, at no further obligation of the Corporation.
To effect final termination, the city manager must notify Contractor in writing. After
receiving the notice, Contractor shall, unless the notice directs otherwise, immediately
discontinue all services under this Agreement, and promptly cancel all orders or
subcontracts chargeable to this Agreement.
2
Sienatures:
The Parties have executed this Agreement in multiple copIes, each of which IS an
original.
ATTEST/SEAL:
e CINDV L. PERKI~
~ My Commission ExpireS
May 29. 2011
BAY AREA HOUSTON ECONOMIC
PARTNERSHIP
By ~ :e.
Name: Cmdy rkms
Title: Office Manager
I~y~~
Bob Mitchell i
President
CITY OF LA PORTE
By:'-1'r/aJ;tk 1/ JI
Marta A. Gillett
City Secretary
3
Exhibit A
1. Bay Area Houston Economic Partnership will assist the City of La Porte to
work within the established framework as outlined in the City of La
Porte's 2000-2020 Comprehensive Plan.
. Provide the City of La Porte direct access to Bay Area Houston
Economic Partnership's research capability for information regarding
studies, forward planning and research.
. Attract diversified industry that will contribute to the tax base as well
as provide jobs for a variety of diverse workers in the community
without conflicting with other land uses in La Porte, while
encouraging younger citizens to remain in the community.
. Ensure that all existing and future commercial development is
attractive, highly utilized and without negative influence on adjacent
residential uses.
. Facilitate meetings with county and state officials in order to develop a
positive working relationship; in regards to mutual goals for
development of lands and thoroughfares within the city limits.
. Assist the City of La Porte to improve the community character of La
Porte to make it a more desirable place to live, work and visit.
2. Utilize Comprehensive Plan objectives to assist the City of La Porte
achieve economic development goals.
3. Include the City of La Porte in specific Bay Area Houston Economic
Partnership communications, as follows:
. Inclusion of City La Porte material on the Bay Area Houston
Economic Partnership Web site.
. Inclusion of the City of La Porte in Bay Area Houston Economic
Partnership printed materials and electronic newsletters.
. Advise the City of La Porte in development of marketing materials
for the city Web site and for print and video distribution.
4. Include the Mayor, other elected officials or city staff in two CEO visits
per year.
5. Coordinate representation of the City of La Porte at two trade shows per
year, with Bay Area Houston Economic Partnership staff working
separately with city staff on the best methods to promote the City of La
Porte's economic development objectives.
6. Include the City of La Porte and local businesses in four business
workshops, seminars or similar programs each year.
7. Continue to engage industry representatives from the industrial complex,
City of La Porte and Bay Area Houston Economic Partnership to identify
constraints and barriers to economic vitality of the petrochemical industry
and determine appropriate resolution.
8. Along with an annual written report documenting progress, Bay Area
Houston Economic Partnership representatives will meet every six months
with the Mayor of the City of La Porte and/or his designated
representati ve( s).
4
Proposal to the City of La Porte
for
Economic Development Services
Submitted
by
Bay Area Houston
Economic Partnership
I>ecemberl,2009
BAY AREA HOUSTON ECONOMIC PARTNERSHIP
Bay Area Houston Economic Partnership is a 501 (c)(6) not for profit organization
focusing on the growth of the region through retention, expansion, plus recruitment of
high performance jobs and business. The current service area includes the City of La
Porte and the Bayport Industrial Complex on the east, Ellington Airport and City of
Pasadena on the north, the City of Friendswood on the west and the City of Dickinson on
the south. The region encompasses parts or all of 13 cities which included the southeast
portion of Houston and parts of two counties. The estimated population for 2008 of the
Bay Area Houston region is 416,369 (Source: Sites on Texas).
Bay Area Houston Economic Partnership currently has more than 260 members
employing over 170,000 people who reside in Harris and Galveston counties, including
the economic partner cities of La Porte, Clear Lake Shores, Dickinson, EI Lago,
Friendswood, Houston, Kemah, League City, Nassau Bay, Pasadena, Seabrook, Taylor
Lake Village and Webster. Private and public partners include those in the aerospace and
specialty chemical industries, as well as real estate brokers and developers, banks,
healthcare and education.
PURPOSE
As the City of La Porte continues to focus on diversity and expanding the economy, the
Bay Area Houston Economic Partnership looks forward to continuing its partnership with
the City of La Porte and assisting in the continued development and implementation of an
enhanced economic development strategy.
ECONOMIC DEVELOPMENT SERVICES
Economic Development Goals and Direction
Bay Area Houston Economic Partnership will provide the following services:
a. Assist the City of La Porte in setting economic development goals and objectives.
b. Recommend policies, processes, and procedures that enable City of La Porte to
successfully compete for new business within our target industries but not limited
to Aerospace, Biotechnology and Specialty Chemicals.
c. Alert City of La Porte of potential loss or addition of business due to changes in
policy, State or federal law, or other impacts.
d. Develop business linkages for City of La Porte, given the city's economic
development goals.
e. Provide opportunities for City of La Porte officials to sit on Bay Area Houston
Economic Partnership committees.
f. Consult with City of La Porte officials or their designees on issues related to
economic development.
g. Create, expand, or nurture partnerships with other municipalities or agencies to
promote and enhance the City La Porte's economic development strategy.
h. Include the City of La Porte in any and all discussions hosted by Bay Area
Houston Economic Partnership with its allies that are related to regional economic
development issues.
Economic Development Marketing and Sales
Bay Area Houston Economic Partnership will provide the following services:
a. Organize and conduct coordinated marketing and sales programs that build from
the City of La Porte's strengths to influence positively the national and
international decision makers who decide where to locate, relocate, or expand.
b. Target and recruit businesses and companies most likely to result in business
location, relocation, and expansion.
c. Solicit jobs from employers that result in a broader, more diversified tax base.
d. Assist the City of La Porte in the development of a city plan for economic
development.
e. Provide relevant background information about the City of La Porte, the region,
and the State of Texas, as appropriate to the business opportunity.
f. Invite City of La Porte officials to meetings with executives who are interested in
business location, relocation, and expansion.
g. Coordinate City of La Porte in the Bay Area Houston comprehensive
communications program geared to national and international business
opportunities through conferences, advertising, and other means of disseminating
information about the City of La Porte's business climate and business activities.
Business Assistance Programs
Bay Area Houston Economic Partnership will provide the following services:
a. Include City of La Porte officials and business persons in workshops, seminars,
programs, and other educational or training programs designed to assist the City
in promoting new business development, start-up business, entrepreneurship,
business expansion, and other business assistance ventures.
b. Include the City of La Porte representatives in business development activities.
Special S erviceJ
Bay Area Houston Economic Partnership will provide the following additional
special services at no cost to the city:
a. Collaborate with the economic development director and other regional
organizations to protect and grow the Ellington Airport assets and expand the
military presence at Ellington Field. BAHEP will work with the Houston Airport
System broker and Colliers International, to market Ellington Airport and perform
economic development activities to protect and grow assets related to aerospace.
BAHEP through the Ellington Field Task Force will work with local businesses
and elected officials in a strategic manner focusing on areas which most
substantially benefit the military presence at Ellington Field. Such as including
Alert Fighter aircraft replacement, Predator unmanned aerial vehicles, quality of
life for Joint Armed Forces Reserve Base, and Regional Homeland Security
Defense Operations Center.
b. BAHEP will develop a plan and work to secure a Space Shuttle Orbiter for
display near the City of La Porte when the Space Shuttle fleet is retired in 2010.
BAHEP will collaborate with public and private organizations to secure funding
for transport and installation of the orbiter in its new Bay Area Houston home.
c. BAHEP's International Maritime Advisory Committee will work with the
surrounding districts to develop curriculum for new maritime classes to be offered
at the high school level. This initiative is the first step in developing an education
pipeline that will include San Jacinto College District, Texas A&M Galveston and
University of Houston - Clear Lake to meet the growing workforce demand by
the region's maritime industry.
FUNDING USES
Funding will be used specifically for the economic development services stated below:
"Deliverables"
1. Bay Area Houston Economic Partnership will assist the City of La Porte to
work within the established framework as outlined in the City of La
Porte's 2000-2020 Comprehensive Plan.
· Provide the City of La Porte direct access to Bay Area Houston
Economic Partnership's research capability for information regarding
studies, forward planning and research.
· Attract diversified industry that will contribute to the tax base as well
as provide jobs for a variety of diverse workers in the community
without conflicting with other land uses in La Porte, while
encouraging younger citizens to remain in the community.
· Ensure that all existing and future commercial development is
attractive, highly utilized and without negative influence on adjacent
residential uses.
· Facilitate meetings with county and state officials in order to develop a
positive working relationship; in regards to mutual goals for
development of lands and thoroughfares within the city limits.
· Assist the City of La Porte to improve the community character of La
Porte to make it a more desirable place to live, work and visit.
2. Utilize Comprehensive Plan objectives to assist the City of La Porte
achieve economic development goals.
3. Include the City of La Porte in specific Bay Area Houston Economic
Partnership communications, as follows:
· Inclusion of City La Porte material on the Bay Area Houston
Economic Partnership Web site.
· Inclusion of the City of La Porte in Bay Area Houston Economic
Partnership printed materials and electronic newsletters.
· Advise the City of La Porte in development of marketing materials
for the city Web site and for print and video distribution.
4. Include the Mayor, other elected officials or city staff in two CEO visits
per year.
5. Coordinate representation of the City of La Porte at two trade shows per
year, with Bay Area Houston Economic Partnership staff working
separately with city staff on the best methods to promote the City of La
Porte's economic development objectives.
6. Include the City of La Porte and local businesses in four business
workshops, seminars or similar programs each year.
7. Continue to engage industry representatives from the industrial complex,
City of La Porte and Bay Area Houston Economic Partnership to identify
constraints and barriers to economic vitality of the petrochemical industry
and determine appropriate resolution.
8. Along with an annual written report documenting progress, Bay Area
Houston Economic Partnership representatives will meet every six months
with the Mayor of the City of La Porte and/or his designated
representative( s).
FUNDING REQUEST
Bay Area Houston Economic Partnership is requesting a three-year funding partnership
with the City of La Porte, at an investment level of $20,000 per year for several specific
economic development services as outlined above, which will directly benefit the City of
La Porte and its extra territorial jurisdiction (ETJ). The funding will be paid in semi-
annual installments per year.
Optional Economic Development Service
Bay Area Houston Economic Partnership is proposing to provide a service over and
above the service level the City of La Porte is receiving with its membership.
If the City of La Porte desires to expand its scope of work with Bay Area Houston
Economic Partnership, this economic development tool will be provided, for additional
funding, as agreed upon by the City of La Porte and Bay Area Houston Economic
Partnership.
Space Alliance Technology Outreach Program Business Retention Tool -
$2,500/year
The Space Alliance Technology Outreach Program (SA TOP) staff will assist La Porte's
initiatives in business retention and expansion by participating in city-sponsored business
visits and marketing the program to the city's small businesses. Bay Area Houston
Economic Partnership will provide the services of SA TOP to small businesses through
free technical assistance from its Alliance Partner engineers. SA TOP has assembled a
unique network of engineers and scientists from NASA field centers, aerospace
contractors, colleges and universities to provide up to 40 engineering hours of free
technical assistance to provide solutions to technical problems. The program provides
businesses with access to knowledge, skills and materials that were previously unknown
or unavailable to the private sector.
10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 26, 2010
Appropriation
Requested By:
Stephen L. Barr
Source of Funds:
Fund] 5,
Department:
Parks & Recreation
Acc't Number: from
To
015-9892-893-1100
015-9892-728-1100
Report: X Resolution: - Ordinance: Amount Available: $893,686
Attachments: Quote Form - Kraftsman Requested: $399,043
Attachments: Site Layout for SpraygroundlPlayground Budgeted Item: YES NO X
Attachments: Renderings of Playground
SUMMARY & RECOMMENDATION
At the April 12th City Council meeting the Council directed staff to move forward with a circulation system
sprayground/playground at Brookglen Park. Staff has met with the design team from Kraftsman Playground &
Park Equipment on site to develop the scope of work for the project and we are now ready to proceed with our plan
to install the sprayground/playground according to the conceptual drawings and renderings as shown to the Council
at the April 12th meeting. The City is a member of Texas Buy Board and is eligible under its procedures for
the purchase of the equipment and installation of sprayground/playground and associated pumping
station and re-circulation equipment at the park. The re-circulation system will have two methods of
water treatment; conventional chlorine, and a supplemental UV system. The combination system has
been proven in numerous installations to provide superior water purification for this project. The
system will also have a data collection modem that will allow monitoring of water quality remotely,
that will meet the state guidelines for water testing every two hours of operation.
Kraftsman has been chosen to provide the provision and installation for the park because of
their reputation for excellence and their commitment to maintenance after the installation. Kraftsman
has installed these spraygrounds all over Texas. Because they have met the bidding requirements for
the State of Texas for the Buy Board (Contract No. 269-07), they are eligible for selection for this
project as quoted at $399,031 (see accompanying quote sheet).
Kraftsman has a reputation for excellence and warranty that is second to none in the industry.
It was the choice of several local spraypark and sprayground installations in the area, including
Houston, Mont Belvieu, and others.
In the original presentation to Council on January 25th the Council provisioned surplus funds
from the unused trail funding Fairmont Trail project (Project GEN893) to fund this replacement
sprayground project. There is an unencumbered balance in this account of $893,686 due to the
excellent bid we received for this project in December 2009. Staff is requesting authorization by
Council for the use of a portion of these funds to provide the new sprayground/playground at
Brookglen Park. The contract is too large to include in this package, but may be reviewed in the City
Secretary's Office.
Ron Bottoms, City Manager
4 (~v ~
Date
Kraftsman
PLAYGROUND & PARK
EQUIPMENT
19535 Haude Road
Spring TX 77388
Phone: 281-353-9599
Fax: 281-353-2265
Quote #Q39451-1
Page: 1
Date:
Project:
By:
4/20/2010
10972
Gilbert Fragosa
~ Laoorte. Citv of
" Mr. Scott Bradlev
'0
rn Brookalen Park. SolashPark
1322 S. Broadwav
LaPorte
Phone:
281-470-5141
Terms:
50% down. Bal At Comoletion
TX 77521
Fax:
~ Laoorte. City of
.~ Mr. Scott Bradlev
.c
rn Brookalen Park. SolashPark
3342 Somerton
LaPorte TX77572
Main Phone: Mobile Phone:
P.O.#:
281-470-5141
Ship Via:
281-204-5293
Key Map: Total Ship Weight:
Qty Product Description Size Weight Color Unit Price Ext. Price
Brookglen Park
City of La Porte, Texas
Kraftsman's Buy Board contract
number is 269-07
Splash Park with Recirculation
System
1 W004C Daddy Long Legs™, Water 5 to 9 2,820.00 2,820.00
Conserving. By: Water Odyssey.
3 W036C Baby Long Legs™, Water Conserving. 3 1,380.00 4,140.00
By: Water Odyssey.
1 W040 Water Web™ (no activator). By: 8-16 3,700.00 3,700.00
Water Odyssey.
1 W050 Cool Stick™. By: Water Odyssey. 9 4,762.00 4,762.00
1 W103-3 Fill N' SpiIFM, 3-Arm Assembly. By: 5-15 18,068.00 i 18,068.00
Water Odyssey.
1 W185 Tidal Bucket'M. By: Water Odyssey. H: Custom 23,741.00 23,741.00
11'-0"
1 W292 Spin N' Spray Themed Frog Sprayer. 12 9,982.00 9,982.00
The Little Sqwerts series features a
pinch point free design with a factory
set spray range of 45 to 360 degrees.
By: Water Odyssey
1 W294 Spin N' Spray Themed Turtle 12 9,982.00 9,982.00
Sprayer. The Little Sqwerts series
features a pinch point free design
with a factory set spray range of 45
to 360 degrees. By: Water Odyssey
1 FF2046 Fun Forms Aqua Sprayer, Simon Sea 20 GPM 22,000.00 22,000.00
Dragon, by Water Odyssey @5
PSI
1 FF3051 Fun Forms Aqua Spout, Gracie Gator, 16 GPM 36"x1 3,600.00 3,600.00
by Water Odyssey @3 4"x10
PSI
1 Wll044 Cattail Group; By Water Odyssey 24 23,850.00 23,850.00
1 W009-W Wireless Touch & GOTM Vibration 3,400.00 3,400.00
Bollard. By: Water Odyssey.
Total GPM 144
Kraftsman Quote #Q39451-1
PLAYGROUND & PARK Page: 2
EQUIPMENT
19535 Haude Road Date: 4/20/2010
Spring TX 77388 Project: 10972
Phone: 281-353-9599
Fax: 281-353-2265 By: Gilbert Fragosa
1 DSC-8-16-W Dynamic Sequence Controller, with 8,400.00 8,400.00
32 wireless inputs, 8 wired inputs
and 16 outputs mounted in a
NEMA4X housing. By: Water
Odyssey.
1 WM-15 Water distribution Manifold, wall 19,843.00 19,843.00
mounted 4" Stainless Steel header
with pressure gauge, drain valve, 2"
water hammer arrestor, (2) 4" FPT
connections, (1) 4" MPT plug, (15)
discharge assemblies each with (1)
true union ball valve and (1) 24 VAC
cast bronze solenoid valve with 15'
pre-wired cord. By: Water Odyssey.
6 860-6PNV Floor Drain, Fat Max, 9" dia. top, nickel 475.00 2,850.00
solid nickel top grate, 6" Sch 40
outlet, PVC body, Vandal proof
screws, by Sioux Chief
1 FILTRATION Filtration, without UV System 28,800.00 28,800.00
SYSTEM included), 100% filtered water.
See notes page for description
1 ECP-113-5 Medium Pressure UV Sanitization 14,820.00 14,820.00
system, Includes UV chamber and
Controller. Flow Rates up to 170
GPM (on outdoor system). By ETS
1 CHEMICAL Upgrade chemical controller to 1,850.00 1,850.00
CONTROLLER Strantrol unit with remote readout
communication capabilities.
1 TANK 3000 gallon below ground water 17,200.00 17,200.00
containment tank, with lockable
access hatch
3002 SPLASH DECK Spray Play Pad, 5" thick concrete pad 1 sqft 10.25 30,770.50
with slope to drains, rebar reinforced,
light broom finished to help prevent
the possibility of slipage (no coloring
or top coat)
1 TRAIN 1 One day of technical support 1,450.00 1,450.00
personnel on site to assist with
balancing features, system start up,
and 4 hours of staff training.
1 DISCBB 5% BuyBoard Discount on Water -47,281.90 -47,281.90
Odyssey product
Playground
1 J-BG031010 Journey Play Unit, By WOW 26,082.00 26,082.00
-OlH
1 50/0 BuyBoard Discount on WOW -1,304.10 -1,304.10
product
1 FABRIC Polyspun Soil Separator, 1800 SF 6'x300'40 Ibs 300.00 300.00
Kraftsman Quote #Q39451-1
PLAYGROUND & PARK Page: 3
EQUIPMENT
19535 Haude Road Date: 4/20/2010
Spring TX 77388 Project: 10972
Phone: 281-353-9599 By: Gilbert Fragosa
Fax: 281-353-2265
75 CUSHION Engineered Wood Fiber, Pine, cu. yd. Natural 27.50 2,062.50
PINE Delivery and Installation not
included, Mfg. by Novus
1 10% BuyBoard Discount on -183.75 -183.75
Novus product
1 DRAINAGE drianage to be installed inside of 1,000.00 1,000.00
playground area and swing set area.
Site Amenities and Concrete
Work
10 F1027 6' Ultra Expanded Contour Bench 271 575.00 5,750.00
Rolled Edge - Portable/Surface
Mount. By: Landscape Brands Page
61 2009 catalog.
1 F2003 6' Expanded Rectangular Table 335 795.00 795.00
Traditional Edge 2 3/8" Od Frame -
Portable. By: Landscape Brands
Page 71 2009 catalog.
1 F1038 8' Expanded Rectangular Traditional 383 895.00 895.00
Edge Ada Table - Portable. By:
Landscape Brands Page 81 2009
catalog.
2 F1021M 32 Gallon Expanded Trash Receptacle 120 425.00 850.00
With Contour Top And Liner. By:
Landscape Brands Page 53, 66 2009
catalog.
2 F1094 Inground Mount For Trash Receptacle 9 60.00 120.00
(This Is The Mounting Kit Only). By:
Landscape Brands Page 9 2009
catalog.
1 SOlo BuyBoard Discount on -420.50 -420.50
Landscape Brands
3050 CONC4RB Concrete Sidewalks, observation 8.50 25,925.00
areas, bench pads and under existing
Canopy.
1 GRADE Site work and leveling needed. 8,500.00 8,500.00
1 Temporary fencing will be required 0.00 0.00
during construction of project.
1 CONST. Construction documents for site 3,500.00 3,500.00
DOCUMENTS plans, engineer stamped plans on
filtration equipment
1 BONDS Payment and Performance bonds. 11,972.00 11,972.00
Quote #Q39451-1
Kraftsman
PLAYGROUND & PARK
EQUIPMENT
19535 Haude Road
Spring TX 77388
Phone: 281-353-9599
Fax: 281-353-2265
Date:
Project:
By:
Subtotal:
Shipping:
Equipment Subtotal:
Tax:
Install:
Total:
Page: 4
4/20/2010
10972
Gilbert Fragosa
$294.589.75
$10,610.56
$305.200.31
$0.00
$93.843.00
$399,043.31
Bayou
" ""<';-~~
,-'
'"
Existing
Pool
I/~\
\ E~=~~g )
~O~
i
i
I
,- """"/""'-'1 .
! ", L
!
I
I
I
I
!
i
!
i
!
/
I
/
I
!
NotJ DrOWln
__ -Trash Receptacle
..,~#!.-:o
,,~~
;:1
>':.;' .0, ,
~# . ;~*~~ ;*#
~ ):"~<1> k~;-}>-
,~,-;/ ..-"':,
....v...
(
\
1
j:/'
,
i
i
i
New Splash Park -
shoutd n~~ '~:,~~,?,~:~~o<n!::: ~~ its ~~~T i~~~;~~X 36:",..~~,t:~,~~t~~~~.",_~.;i'~E>O'''"C ~~~ Nn<..~r~._'~~~;>l<~T..~'" ~.fu..",~".h_'"~~o.~......
Existing
Recreation
Center
SAL~
-Gilbert FragasQ
N
"""
g",
~O
r-
c
~C
~a..
~ 0)'
-,
in,
~
.....
c
a..
..c.
~~
CLm
V1t
c 0 "V1
0) a.. ~~.
- C~~.
~--I '
o 01
o r-I
~ ",0-.,
;3N:
I!
C"')
0,
"
~~,
~".....
o
~r-i
q
or-
I I
" a..
V1
little Sqwerts Turtle
W294
Simon Sea Dragon
F2046
Daddy Long Legs
W004C
Tidal Bucket (custom shown)
W185
Baby Long Legs
W036C
Cool Stick
W050
little Sqwerts Frog
W292
FiIIN'Spill
WI03-3
---.
Gracie Gator
F3051
Water Web
W040
Touch & Go
W009-W
~
..
fa
D-
.c
en
fa
....
a.
en
c:
CU
....
'"
~
o
o
..
m
iFfI' ~
.. '%: .... -.'.11
, 0"
<
.
CO
o
-:t
...
...
3:
. 11/12
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 26. 2010
Appropriation
Requested By: Tim Tietiens
Source of Funds:
N/A
Department: Planninl!
Account Number:
N/A
N/A
N/A
NO
Report:
Resolution: _Ordinance:...K...-
Amount Budgeted:
Exhibits:
Amount Requested:
Ordinance
Area Map
Mail Out Response
Budgeted Item:
YES
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their March 24, 20 I 0 meeting, held a public
hearing to receive public input regarding Rezone Request #RIO-OOl. The request is to change a
zoning of Fairmont Park East, Sections 6-8 and detention reserve to the east of Driftwood Drive
from High-Density Residential (R-3) to Low-Density Residential (R-l). The City is seeking this
request based on the Land Use Plan.
Staff has researched the zoning designation of these sections dating back to the 1984
Comprehensive Plan and Thoroughfare Plan. The present High Density Residential (R-3) zoning
designation was assigned as a result of an overall rezoning of the City and to provide buffers
near the airport and a Commercial Land-Use designation to the east of this area. The current
zoning map shows zoning of the rest of Fairmont Park East as Low-Density Residential (R-l).
In addition, the adopted Land-Use Plan indicates low density residential uses for this area instead
of high density residential uses.
With the existing single-family dwellings on site and conformance to the Land Use Plan, the
present zoning designation of R-3 is inappropriate. The requested change conforms to the
zoning and uses of nearby properties. It will not negatively impact the existing homes or
surrounding properties and will not harm the value of existing properties. Granting this requested
change would be in agreement with the Land Use and Comprehensive Plan.
Two hundred eighty eight notices of public hearing were mailed to surrounding property owners;
eleven responses (all in favor) were received. The Planning and Zoning Commission, by
unanimous vote, has recommended City Council approval of Rezone Request #RI0-00l.
Action Required bv Council:
Co duct public hearing.
Co sider taking action on recommendation by Planning and Zoning Commission to approve
Re one Request #RIO-OOl for the property located east of Driftwood Drive, from R-3 to R-l.
!L/~~/t()
ORDINANCE NO. 3J .3 f>
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING
CLASSIFICATION FROM HIGH DENSITY RESIDENTIAL (R-3) TO LOW-DENSITY
RESIDENTIAL (R-l) FOR THE PROPERTIES LOCATED TO THE EAST OF DRIFTWOOD
DRIVE, HEREIN DESCRIBED, BEING FAIRMONT PARK EAST, SECTION 6: LOTS 1-35,
BLOCK 44; LOTS 1-22, BLOCK 45; AND LOTS 1-25, BLOCK 46 AND RES-DET., SECTION
7: LOTS 1-19, BLOCK 40; LOTS 1-10, BLOCK 41; LOTS 1-24, BLOCK 42; AND LOTS 1-15,
BLOCK 43, SECTION 8: LOTS 1-18, BLOCK 36; LOTS 1-10, BLOCK 37; LOTS 1-18, BLOCK
38; AND LOTS 1-10, BLOCK 39; MAKING CERTAIN FINDINGS OF FACT RELATED 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, TEXAS:
Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the
zoning classification of the following described property, to wit: FAIRMONT PARK EAST,
SECTION 6: LOTS 1-35, BLOCK 44; LOTS 1-22, BLOCK 45; AND LOTS 1-25, BLOCK 46
AND RES-DET., SECTION 7: LOTS 1-19, BLOCK 40; LOTS 1-10, BLOCK 41; LOTS 1-24,
BLOCK 42; AND LOTS 1-15, BLOCK 43, SECTION 8: LOTS 1-18, BLOCK 36; LOTS 1-10,
BLOCK 37; LOTS 1-18, BLOCK 38; AND LOTS 1-10, BLOCK 39, W. M. Jones Survey,
Abstract 482, La Porte, Harris County, from High-Density Residential (R-3) to Low Density
Residential (R -1) .
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 5. The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance
as amendments thereto are desirable and in furtherance of the goals and objectives stated in the
City of La Porte's Comprehensive Plan.
Section 7. This Ordinance shall be effective after its passage and approval.
2 ,/( /l
PASSED AND APPROVED this the-'-' day of U/4J
,2010.
CITY OF LA PORTE
7J1l2d/a dlL///
City Secretary
ATTEST:
APP~
~-r~
Assistant City Attorney
2
#R-10-001
A Meeting of the La Porte
Scheduled for
PlanninJ{ & Zoning Commission
(Type of Meeting)
March 24, 2010
(Date of Meeting)
--
B'1~'~
to Consider
Rezone Request #Rl0-001
(Type of Request)
. I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
T /-/4 (/(3-' he,; A~t:4.f' CYr?/ TtY 0 ~PPOJ'" E I r b
I ~~~P4I6::'11Ttie CITY' ro/Z Ft//h! rtl-6~
FP<-p' 4/1 rv + T I' o..-v:, (T ~C)..-v r W t/.}- '1/;-
,
/I1vL r.z F/j-~/{" V /-!o&J'/,/1/c;3 /~ /27',c /i/~/CH/Jon/~0(74
(
I am OPPOSED to granting this request for the following reasons:
IJAvlO 1/::4;" T7
j) Name (Pleas.e print) (
;J~IA '
Signatur~
1102& /WG'fav/rE <tJ~.
Address
C4 /b/2ri? ~, -; 7 I-pi
City, State, Zip
A Meeting of the La Porte
Scheduled for
~ @ ~ G \TI [f~.i
n \~~
MAR 1 1 20\0 ~
B) :::=::-~;;=:::-=~
March 24, 2010
(Date of Meeting)
to Consider
Rezone Request #R10-001
(Type of Request)
I have received notice of the above referenced public hearing.
C-O/lIS/S tMt w,'th
f' "lh I 01 ' . ,II
t>T t:J ner' tJP,Or? 0(' COMlt)l1rJtt.,
tYIQrf>., hu5,'nt-J5C5 .>I1C~ CiS f\itr(;,e.lJ tJUractJ MtH'P o1r,'if;,e(5)
f'^o('t C4t^S) Ql'\d MpJ'e., fro b/ffllS t.~11 r: llM prefCU'ed to lrAt
,'" -tke arec, 'bh4 t r lverA-b tD 5c,fely f'4lse M.j .('q/VI/ly ,on. !
OPPOSED to granting this request for the following r
Wl(Jt'e fedfle)
u~ Wirth
,
\N','J1I'''1M ("Soey) :So.sqh ,Tnj1Jett J]r
Name (please prmt)
~~
1103/ CoIj,'nj>l,vtloo! J2"
Address
La fprtedi;~e, ~?S7J
rD) ~ @ ~[fm-~ ~
ill} MAR 1 6 2010 W
A Meeting of the La Porte
Planning- & Zoning- Commission
(Type of Meeting)
Scheduled for
By
March 24, 2010
(Date of Meeting)
to Consider
Rezone Request #Rl0-00l
(Type of Request)
-.....,.~~- ~
~-.........,.._..~~..._. ._*-....~~.~.,..~.~-:
-=,.,.,...
I have received notice of the above referenced public hearing.
I am in FAVOR of granting tlus request for the following reasons:
-r: c/~OT W/trl rr A IffM dens! ~
. t<,-t'9'~h~/71 /YtV- I1VJhbtJr' 00 d
I am OPPOSED to granting this request for the following reasons:
~:~~
/' Signature
I/o /1 /i:t/~tuood
Address
en ~ iVTCc 7;f: '/ '/ S-7 /
City, State, Zip
Scheduled for
A Meeting of the La Porte
Planning & Zoning Commission
(Type of Meeting)
March 24, 2010
(Date of Meeting)
to Consider
Rezone Request #RIO-OOl
(fype of Reguest)
~-
~ .~~ -
I have received notice of the above referenced public hearing.
I am in FA VO R of granting this request for the following reasons:
;Va fUol-tf-- (fo1td.5 .
A u- (~-:1:f a ~ af:ofhJ fo pJ J
J~ J_ 0 t~ 'tM1T/ tiytJtlft-,) f1!. ('~
:fr mVl fUe..? :rf' 50,])/#1 ftfiuk I'Ll Yi,t.,J- ~
I,m OPPO:E~ to ~::-j~:!ro,~~J!~ VtU~
f~:'" ".
1YCltAj tl t/J-
~ame (p]eaz~
~gnature
1/0).1 ~frClr 1)(.
Address
~ f~ 0Jj 17~/1
City, State, Zip
A Meeting of the La Porte
Planning & Zoning Commission
(Type of Meeting)
Scheduled for
March 24, 2010
(Date of Meeting)
to Consider
Rezone Request #RI0-001
(type of Request)
~~---~-~- -~
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
(1 II /' /1 cj.h)ci;j.ctJd v-- S'tlil''''tlnc/' ~'!.;q a ItA .:51{)~icl ie,. --'",-
SI .~<'i 4/. ;/;Ale / /; /!y' t'/') !v!
J' - /
I am OPPOSED to granting this request for the following reasons:
}
l)Y ~~ a . .,.
. /;u!Y'-n , '. ,//JC,/:?-S/../ )
l Name (please print)"
I) -:k; /
.*7t/kf'- -l..v::7lY/f r--"
Signature
/ / C / 5- t..-rd?//<-,-{t::'cd I5t .
Address /
k..4--/e ;;: 77.5-71
City, State, Zip
.::~.--~. p
'Scheduled for
A Meeting of the La Potte
Match 24, 2010
QJate of Meeting)
to Consider
Rezone Request #R10-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FA VO R of granting this request for the following reasons:
lJJ e. do /10+ lA) ().,1- + fL m r -f-rvx e b'\.. f~
/ 0 J
~i ^- ~Le ^.'€..t'c.i ~'OOr k 0 C) q ,
I am OPPOSED to granting this request for the following reasons:
G~,<e rl{j lJJ e6fr1ore,{afl d
c~~'epUnt) '::-/
~ ~~
Signature
{oq00 Sy Ca.t'r1 () rc Dr.1\J c
Address .
I-ti ~Orf,e/r/ 7757/
City, State, Zip
A Meeting of the La Porte
Df€@lEUrYllEffl)
MAR 23 ZOIO ~I
Scheduled far
March 24, 2010
"(Date of Meeting)
--
,to :Cansider
Rezone Request #R10-001
(type of Request)
..-
I have received notice of the above referenced public hearing.
~~~~
I am in FAVOR of granting this request for the following reasons;
~~
~-~f\~ro:Q,,*)
R'-fef' )1\
I/,Ull OPPOSED to granting this request for the following reasons:
~
lOo3Z-- l-)N\tt~J}
Cd Adm'" .
M '\~:<<~ 7757J
City, ),state, Zip
Scheduled for
A.-Meeting ot the La Porte
March 24) :2010
(Date of Mee~g)
to Consider
Rezone Request #R10-001
(Type of Request)
'z-- ,.
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
.:P'P
~/V Vi .)
/'
#1) /" ('~ A-"e/I 4/.44 T .A-"- .r! /V"-;- ..r--
, r"
C~/ 6- h~ /;;f /k. t ( y
I am OPPOSED to granting this request for the following reasons:
y~~
~
/ b/J 0 UJ. /-r[q t/;-/f ~ y
.
Address
4/0;(/75 7X' 77/7/
City, State, Zip
Scheduled for
A Meeting of the La Porte
March 24, 2010
(Date of Meeting)
to Consider
Rezone Request #Rl0-001
(Type of Request)
-
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
- nL d.r ~ ~J ap~k...j ~S -6. ~
no~ 4' ~bt-k-J
IP.. .oJ- ~
,
I am OPPOSED to granting this request for the following reasons:
~tfl-r L /<OJ ;;.LI~ JL
--- ~::l!':JnQ
Sign'ture
J~q(3 j)#AV 1J~
Address
)~n:n r; 7157/
City, State, 'Zip
A Meeting of the La Porte
Scheduled for
Match 24, 2010
(Date of Meeting)
to Consider
Rezone Request #R10-001
(Type of Request)
~
_____9...
I have received notice of the above referenced public hearing.
I am OPPOSED to granting this request for the following reasons:
~ If/JlUi /- /VV/tL
dM" (pl",e p~t) Jt:i
~I/,
Signature
/~ 116 ?#W~ ?/}i/€ ~t/7ZT
Address
-/,4 A?~/)<. /-:7~7/'
City, State, Zip
A Meeting of the La Porte
Plannin~ & Zonin~ Commission
(Type of Meeting)
to Consider
m~~ ~8ll2~a~M
By~ __
Scheduled for
March 24. 2010
(Date of Meeting)
'Rezone Request #R10-001
,:(f,ype of Request)
~---~~
~ .-.
I have received notice of the above referenced public hearing.
'I-am in FAVOR of granting this request for the following reasons:
}-Iouc;<2 s A Ll2--rrA/J q ~ x{s~ /~ /71 (~ .4;1-[4. -1 f'.4IU7J1-Z.J rS
, Lj)OJL.-!J &B /J~{.4/1c-J'II/L /?J .P/UP'{iLi7 !/1LUL:;.
I = OPPOSED to granting this request for the following reasons:
/0925" Dde (JOdI) De (t/c/
Address
L1 /ofL-te 17\ 77S-J I
City, State, Zip
13/14
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 26. 2010
Appropriation
Requested By: Tim Tietiens
Source of Funds:
N/A
N/A
N/A
N/A
NO
Department: Plannin2
Account Number:
Report: X Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Amount Requested:
Ordinance
Area Map
Mail Out Response
Budgeted Item:
YES
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their March 24, 2010 meeting, held a public
hearing to receive public input regarding Rezone Request #RlO-002. The request is to change a
zoning of Spencer Landing Subdivision Sections 1-2, pt. detention reserve, located along
Spencer Highway and Section 4 located south of North 'D' Street from High Density Residential
(R-3) to Low-Density Residential (R-l). The City is seeking this request based on the Land Use
Plan.
Staff has researched the zoning designation of these sections dating back to the 1984
Comprehensive Plan and Thoroughfare Plan. The present High Density Residential (R-3) zoning
designation was assigned as a result of an overall rezoning of the City and to provide buffers
near the airport and a Commercial Land-Use designation to the south of Spencer Highway. The
current zoning map shows zoning of the rest of Spencer Landing Subdivision as Low-Density
Residential (R-l). In addition, the adopted Land-Use Plan indicates low density residential uses
for this area instead of high density residential uses.
With the existing single-family dwellings on site and conformance to the Land Use Plan, the
present zoning designation of R-3 is inappropriate. The requested change conforms to the
zoning and uses of nearby properties. It will not negatively impact the existing homes or
surrounding properties and will not harm the value of existing properties. Granting this requested
change would be in agreement with the Land Use and Comprehensive Plans.
One hundred twenty two notices of public hearing were mailed to surrounding property owners;
five responses (all in favor) were received. The Planning and Zoning Commission, by
unanimous vote, has recommended City Council approval of Rezone Request #RI0-002.
Action Reauired bv Council:
1. Conduct public hearing.
sider taking action on recommendation by Planning and Zoning Commission to approve
Re one Request #RI0-002 for the property located along Spencer Hwy. & North D Street,
fr -3 to -1.
_~( U /10
D........ n^...^.......~ r'l':4-..,. 1\........_n,."..
nn+n
ORDINANCE NO. ,':)d 3q
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING
CLASSIFICATION FROM HIGH DENSITY RESIDENTIAL (R-3) TO LOW-DENSITY
RESIDENTIAL (R-l) FOR THE PROPERTIES IN SPENCER LANDING SUBDIVISION,
HEREIN DESCRIBED, BEING SECTION 1: LOTS 1-13, BLOCK 1 AND LOTS 1-8, BLOCK
2, PT. DET. RES.A, SECTION 2: LOTS 1-15, BLOCK 1 AND LOTS 1-9, BLOCK 2, PT. DET.
RES.A, AND SECTION 4: LOTS 1-34, BLOCK 1, MAKING CERTAIN FINDINGS OF FACT
RELATED 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, TEXAS:
Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the
zoning classification of the following described property, to wit: SPENCER LANDING
SUBDIVISION SECTION 1: LOTS 1-13, BLOCK 1 AND LOTS 1-8, BLOCK 2, PT. DET.
RES.A, SECTION 2: LOTS 1-15, BLOCK 1 AND LOTS 1-9, BLOCK 2, PT. DET. RES.A, AND
SECTION 4: LOTS 1-34, BLOCK 1, Richard Pearsall Survey, Abstract 625, La Porte, Harris
County, from High-Density Residential (R-3) to Low Density Residential (R-l) .
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 5. The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance
as amendments thereto are desirable and in furtherance of the goals and objectives stated in the
City of La Porte's Comprehensive Plan.
Section 7. This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this thd?/<"y of ~./€
,2010.
CITY OF LA PORTE
By~~il!:/
May
ATTEST:
L/lllltllllt-djdF
City Secretary
APP~:
t -s~~m~
2
#R-10-002
A Meeting of the La Porte
fO)~@~D;~~~
W MAR 09 2010 W
Plannin~ & Zonin~ Commission
(Type of Meeting)
By
Scheduled for
March 24, 2010
(Date of Meeting)
to Consider
Rezone Request #R10-002
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
\0 \f\'OV'f,e... ~~c:.."cu=.....<:, '-c..~,~ ~\\\ a\~,,\~ \~
. ~
Co ~;~~ ~c.~""\.,\ '\e...<;:',~c...,,\,~\ \'\e....',~"" ~c, ,"",~~A
~ C~ '" ~c:."lt... \:J~ ,t"'1D",,,~ ~D \..0~S~e.."'~,~"",\
~ U \
~c...~, d.e.."" \ '\ c:., \ ( ~ ~
I am OPPOSED to granting this request for the following reasons:
~\:::)"'~~ (~...}:::.~c::-,\ b ~~~~
Name (please print)
~Q~~~~<S~
Signature
A.~\ ~~~~~ ~~\~C\. \.o.cc,\
Address ~
\..0. ~~, \~ \ 1- "\.\ ~~\"
City, State, Zip
A Meeting of the La Porte
Plannin~ & Zoning Commission
(fype of Meeting)
Scheduled for
m[f@ ~O \\7 fE rm
ill] MAR 1 1 2010 W
March 24, 2010
(Date of Meeting)
By
to Consider
Rezone Request #R10-002
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
AL-L- 0 f 5 (JEtv([lZ LArvDDJG SHouL. D BE""
lo~r-' j)[fJsir-1 RfS?1J ENTL/lL (P-/) SX,v(;Lr
~ )
f-of1MLL7 ;
I am OPPOSED to granting this request for the following reasons:
/) /?
(7I1R~ UJQS:S~
~ 'Z (ple"e pan. t)
-~ -
.
Signature
1/8 7IJNLi;4 1J/2
a Addrels
L/J ftJI?T&-,;-~ 77)71
City, State, Zip
A Meeting of the La Porte
[~
~
~
=
...-
=
C'-..J
>-(
Plannin~ & Zonin~ Commission
(Type of Meeting)
c=.::J
~
@
~
~
Scheduled for
-
c::
<:(
:;'E
March 24, 2010
(Date of Meeting)
>>
CO
to Consider
Rezone Request #RI0-002
(Type of Request)
~ave received notice of the above ref~renced public hearing.
0. am in FAVOR of granting this request for the following reasons;
~~~~~~M
~. .
I am OPPOSED to granting this request for the following reasons:
f;af EdJJuA.JJ
~ . N"", (Pk", prin~
~~ ~&/u~
Signature .
!A3~~.d~ ~
Address
~c1t ?9S~/
City, State, Zip
A Meeting of the La Porte
Scheduled for
March 24) 2010
(Date of Meeting)
to Consider
Rezone Request #R10-002
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FA VO.R of granting this request for the following reason~ . - .
\l ~/ yil~~-\n hllv L \>l'~ ?Uf-q (e 7,\) ~U}'l }2-) .+0
-It ~ \ I
I am OPPOSED to granting this request for the following reasons:
l, f\& S ,~le..
~J:g~~
Signature
L~ -f-- 7 b/o JL 1--
A Meeting of the La Porte
Planning & Zoning Commission
(Type of Meeting)
Scheduled for
March 24, 2010
(Date of Meeting)
to Consider
Rezone Request #RIOH002
(fype of Request)
I have received notice of the above referenced public hearing.
!~~~anting this request for the followhlg reasons:
\ ,,' \ ( I i, c ( I tof ~! I
,-._.~.~~...---"- eCi(u,(c /'i tA. S'aJ~}d(l VI altOt f n,ee...c.J
'fa? J1..~.iJ{ W--t2 left (J/ S~&1tc-e"- !.a,-"'{~
I, ,;:;;
......... r 4"0.., f.{- u}d-,:;f c.' 'tf11'1~1nvis' all .j(/ltere. /1 e<:7V" ~ /5
$~bcl; 1I,'1:/c It
I am OPPOSED to granting this request for the following reasons:
20t l1'~)e Cf-.
/J Address
ia/tJ/1e I Ti 775"7 !
City. State, Zip
15/16
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 26. 2010
Appropriation:
Requested By: Tim Tietiens
Source of Funds:
N/A
Department: Plannine
Account Number:
N/A
Report:
Resolution:
Ordinance: X
Amount Budgeted:
N/A
Exhibits:
Amount Requested:
N/A
Ordinance
Area Map
Budgeted Item:
N/A
SUMMARY & RECOMMENDATION
The Planning & Zoning Commission, during their March 24, 2010, meeting, held a public hearing to receive public input
regarding Rezone Request #RIO-003. The request is to have the property rezoned from Business Industrial (BI) and
Heavy Industrial (HI) to Planned Unit Development (PUD). The property is located east of Bay Area Boulevard and west
of Union Pacific Railroad (UPRR) and north of Fairmont Parkway.
The subject property is owned by PPG. There is an existing Centerpoint Energy substation within the subject tract. Harris
County has proposed a regional detention for Sens Road widening project in this area adjacent to Harris County Flood Control
District channel (A104-07).
The tract in question is within the vicinity of major commercial and industrial facilities in the Bayport Industrial District
just south of Fairmont Parkway. In addition, it is closely located near the bridge over Union Pacific Railroad on Fairmont
Parkway and existing PPG Facility located along 16th Street. The City's Land Use Map shows underlying land uses as
commercial/industrial.
A Planned Unit Development (PUD) zone might be considered a viable option as it will provide the City more control on the
future land use and provide an opportunity for Council to review a defined project followed by a Special Conditional Use
Permit. The requested change conforms to the zoning and uses of nearby properties.
As required by Ordinance, notices of the public hearing were mailed to thirteen property owners within 200' of the subject
site. No response was received from the mailout. The Planning and Zoning Commission, by unanimous vote,
recommends City Council approve Rezone Request #RIO-003.
Action Required bv Council:
o uct public hearing.
Con ider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request
#R -003, for the property located north of Fairmont Parkway, from BI and HI to PUD.
Ron Bottoms, City Manager
" 4J- /rr;
Date
ORDINANCE NO.
3:2 L( 0
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING
CLASSIFICATION FROM BUSINESS INDUSTRIAL (BI) AND HEA VY INDUSTRIAL (HI)
TO PLANNED UNIT DEVELOPMENT (PUD) FOR THE PROPERTIES LOCATED IN THE
RICHARD PEARSALL SURVEY, HEREIN DESCRIBED; BEING TRS 1, 2A, 2B, 3, 4, 4A,
AND 23D, MAKING CERTAIN FINDINGS OF FACT RELATED 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, TEXAS:
Section 1: Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the
zoning classification of the following described property, to wit: TRS 1, 2A, 2B, 3, 4A, AND
23D, Richard Pearsall Survey, Abstract 625, La Porte, Harris County, from Business Industrial
(BI) and Heavy Industrial (HI) to Planned Unit Development (PUD) .
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 5. The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance
as amendments thereto are desirable and in furtherance of the goals and objectives stated in the
City of La Porte's Comprehensive Plan.
Section 7. This Ordinance shall be effective after its passage and approval.
"/
PASSED AND APPROVED this ilie) ?/'<:d11y of ~ r:!...
,2010.
CITY OF LA PORTE
ATTEST:
B~:
vfJ;lad~dkt#
f City Secretary
APP~
7:~
Assistant City Attorney
2
#R-10-003
17/18
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 26. 2010
Appropriation
Requested By: Tim Tietiens
Source of Funds:
N/A
N/A
N/A
N/A
N/A
Department: Planninl!
Account Number:
Report:
Resolution: _Ordinance:..A....-
Amount Budgeted:
Exhibits:
Amount Requested:
Ordinance (showing changes)
Ordinance
MSD Map
Public Notice Response
Budgeted Item:
SUMMARY & RECOMMENDATION
Currently under the sign section of the zoning ordinance, business owners in the Main Street District who have existing non-
conforming signs are prohibited from restoring/rebuilding those signs when they are destroyed or significantly damaged.
While a departmental policy was enacted to address the situation, City Council subsequently directed staff to follow up by
preparing a zoning ordinance amendment.
If approved, the proposed ordinance would generally accomplish two objectives:
1) Allow a business in the Main Street District with an existing, non-conforming, freestanding, on-premises sign the
additional option of replacement as a monument sign up to 8 feet in height. The option to use a building mounted sign
would persist.
2) Allow any business fronting Main Street within the Main Street Overlay an additional option of placing a small
hanging sign which projects a maximum of four feet from the face of the building into the pedestrian corridor within the
Main Street right of way. The sign would be allowed to be 16 square feet in size, with a bottom clearance between seven
and eight feet above grade. A license agreement to address maintenance issue in right of way would also be a component
of the ordinance.
The Planning and Zoning Commission, during their March 24, 20 I 0 meeting, held a public hearing to receive citizen
comments regarding on and off-premise signs in the Main Street District and Overlay (MSD/O). After consideration, The
Planning and Zoning Commission by majority vote for favorable consideration, forwards the proposal to City Council for
action.
As required by ordinance, notices of public hearing were mailed to property owners within 200' of the Main Street
District.
Action Reauired bv Council:
o duct public hearing.
Co sider taking action on recommendation for approval by P&Z on Zoning Ordinance amendments related to on and
offi premise signs within the Main Street District/Overlay.
j (~V J~
Date
T-fern ~o.b}f4
lA h-f j) &/IVJ2D/6
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE VII. "SIGNS"
SECTION 106-874 "ON-PREMISE SIGNS", TO ALLOW INSTALLATION OF ON-
PREMISE MONUMENT OR GROUND SIGNS FOR BUSINESSES THAT HAVE A
CURRENT ON-PREMISE, FREESTANDING SIGN IN THE MAIN STREET DISTRICT
AND OVERLAY; AND BY AMENDING SECTION 106-875"OFF-PREMISES SIGNS",
REGARDING STANDARDS FOR OFF-PREMISES SIGNS WITHIN THE RIGHT-OF-WAY
OF WEST MAIN STREET PORTION OF THE MAIN STREET OVERLAY; 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 ($2,000); PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-874 "On-premises
signs," of the Code of Ordinances, La Porte, Texas, subsection "a", Freestanding on-premises
signs", is hereby amended by adding new paragraph "5", which shall be added in proper
numerical sequence and shall read as follows:
(5) MS Overlav and District
a. Replacement shall only be allowed for businesses that have a pre-existing. non-
conforming free-standing on-premise sign.
b. The replacement sign shall be a monument or ground sign that does not exceed eight
feet (8') in height from the ground to the top of the sign. (Note: In accordance with
Section 106-878(b)(2). sign not exceeding 8' in height do not have to be engineered.)
c. A City permit shall be required prior to anv replacement.
d. Replacement authorization shall require the property owner/tenant to eliminate any
sign/visibility non-conformities that may currently exist with their free-standing sign.
e. A City approved sign design and replacement may be eligible for City participation
under the Main Street Incentive Reimbursement Grant Funds."
Section 2: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-875 "Off-premises
signs," subsection "c", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as
follows:
(c) All off premises signs shall be constructed with a single steel support pole.
"( c) Off-premises signs within the right-of-way may be attached to the face of the building in
the West Main Street portion of Main Street Overlay as follows:
1. Minimum seven (7) foot clearance with maximum eight (8) feet clearance (grade to bottom of
~
2. Maximum four (4) foot encroachment/proiection into the right-of-way.
3. Maximum sign face of sixteen (16) square feet.
4. Maximum of one (1) sign per business allowed.
5. Completed Right-of-Way License Agreement with the City."
Section 3: 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 4: 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 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 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, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
2
PASSED AND APPROVED this the day of
CITY OF LA PORTE
,2010.
By:
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
3
ORDINANCE NO.
3J Lf I
-;JP/1'1 fa b/~I
fA n-fi / ~ / JLj) /0
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE VII. "SIGNS"
SECTION 106-874 "ON-PREMISE SIGNS", TO ALLOW INSTALLATION OF ON-
PREMISE MONUMENT OR GROUND SIGNS FOR BUSINESSES THAT HAVE A
CURRENT ON-PREMISE, FREESTANDING SIGN IN THE MAIN STREET DISTRICT
AND OVERLAY; AND BY AMENDING SECTION 106-875"OFF-PREMISES SIGNS",
REGARDING STANDARDS FOR OFF-PREMISES SIGNS WITHIN THE RIGHT-OF-WAY
OF WEST MAIN STREET PORTION OF THE MAIN STREET OVERLAY; 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 ($2,000); PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-874 "On-premises
signs," of the Code of Ordinances, La Porte, Texas, subsection "a", Freestanding on-premises
signs", is hereby amended by adding new paragraph "5", which shall be added in proper
numerical sequence and shall read as follows:
(5) MS Overlay and District
a. Replacement shall only be allowed for businesses that have a pre-existing, non-
conforming free-standing on-premise sign.
b. The replacement sign shall be a monument or ground sign that does not exceed eight
feet (8') in height from the ground to the top of the sign. (Note: In accordance with
Section 106-878(b)(2), sign not exceeding 8' in height do not have to be engineered.)
c. A City permit shall be required prior to any replacement.
d. Replacement authorization shall require the property owner/tenant to eliminate any
sign/visibility non-conformities that may currently exist with their free-standing sign.
e. A City approved sign design and replacement may be eligible for City participation
under the Main Street Incentive Reimbursement Grant Funds."
Section 2: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-875 "Off-premises
signs," subsection "c", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as
follows:
"(c) Off-premises signs within the right-of-way may be attached to the face of the building in
the West Main Street portion of Main Street Overlay as follows:
1. Minimum seven (7) foot clearance with maximum eight (8) feet clearance (grade to bottom of
sign).
2. Maximum four (4) foot encroachment/projection into the right-of-way.
3. Maximum sign face of sixteen (16) square feet.
4. Maximum of one (1) sign per business allowed.
5. Completed Right-of-Way License Agreement with the City."
Section 3: 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 4: 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 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 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, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
2
PASSED AND APPROVED this the
day of
,2010.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPu
~7:~
Assistant City Attorney
3
I'
t.
I I
~
z
Ul
;-i
o
en
-;
;0
o
-;
o
<
m
;0
r
!<
~
Z
Ul
;-i
o
en
-;
;:Q
~
A Meeting of the La Porte
r;\T~:"0.l;"1 f~. 11 nn ~ l~.)\
. ,\ I IJ, \ ~J Lo ' \!J Lt; \
uj MAR 0 8 2010 .:,'!
I
.
By "~-:-::~:::;:~";:;.:::_-:::=:::-:'-: \
Planning & Zonin~ Commission
(Type of Meeting)
Scheduled for
March 24, 2010
(Date of Meeting)
to Consider
On-premise Signs and Off-Pdmise Signs within Main "Sf teet District/Overlav
(Type of Request)
-
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
'L ........1 - r>' "" r... - .--. n .
~ '\ \4!;: '-~ 1~>c:..J <;. I-rVVe.rz.." s: l::;" r"\l~_ VJ s"uoJ\;".li.!.'
tkI"'l Pl.A.t:-A../'~ 4v'1. --n",t.{)'t) <AJ~ \\. h~~(' (b.~:v~ ~ ,S.4..(~'c. Z~X
1 \
~e.. i",-o A- -;:S;~t..A."., S oAJ -;-""Ic:.. C:<..::':J.J.'-.J<:-.< II T o.u'~ '7;;"..>< SA ~
hr:: \Jhi).d7 Ab.~4. Stct!.) 'r,'> ~ (l (..eel"'" ",-t.~\-4..i-..Q:. ~4,.<:'" ",j(.... ~lJ..
70 c;r.,:p (-\:;.,.0 t~M Q;,
" , .
I am OPPOSED to granting this request for the following reasons:
DC::NI\\{ ~ O,-~(~4-v\
I~a;:e <t\lease print) \ '
" J~~~JvUM/\
Signature
8( Cc. ~~ (..s:.&1/Z-'<'"'"- T
Address
/.pt~J~ t~ 77 S-r {
City, State, Zip
19/20
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
April 26. 2010
Source of Funds: NA
Requested By: Tim Tietiens
Account Number: NA
Department:
Planninl?:
Amount Budgeted: NA
Report: _Resolution: _Ordinance:_X_
Exhibits:
Ordinance (showing changes)
Ordinance
SUMMARY
The current discussion was precipitated by citizen inquiries and a request, from the developer of Lakes at
Fairmont Greens, Section 1, along Wharton Weems Boulevard at State Highway 146, for the maximum
lot coverage rule for single-family dwellings as stated in the Zoning Ordinance, Chapter 106 of the Code
of Ordinances.
Currently, under Sections 106-333, Table B, Residential Area Requirements, the maximum lot coverage
allowable for a single-family dwelling is 40%. However, an accessory building 200 s.f. or less and patio
covers up to 900 s.f. are exempted from the 40% lot coverage for single-family detached. Staff habitually
sees subdivisions with homes near 40% coverage. These homes are built with smaller living area that
cannot be expanded when at the 40% threshold.
The basic objective of this lot coverage is to minimize the threat of flooding to the areas and to minimize
the effect of continued development in the watershed. Detention is now required for developments in
certain watersheds. Most subdivisions now have their own detention basins that are sized to mitigate the
increased runoff of the development. The City's Public Improvement Criteria Manual (PICM) uses a
separate 55% coverage factor to calculate drainage. The criteria, however, take into account the roofed
structures and all impervious cover created by driveways, carports, sidewalks and slabs.
The Planning and Zoning Commission directed staff to consider proposed amendment to the Zoning
Ordinance (Chapter 106), Section 106-333; Table B., Residential Area Requirements pertaining to lot
coverage for single-family dwelling. After a workshop and public hearing at the March 24, 2010,
meeting, the Planning and Zoning Commission, by a unanimous vote, forwarded their official position for
action by City Council that "the maximum lot coverage for single-family detached in Planned Unit
Development (PUD) zoning district or residential subdivisions requiring a detention/drainage system,
shall be 50%".
Action Reauired bv Council:
Conduct a Public Hearing
Consider approving ordinance amending Code of Ordinances Chapter 106 (Zoning)
pertaining to the lot coverage for single-family detached dwellings.
j / J-~ [IV
Date
ORDINANCE NO.
,3:1L/d.-
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE III. "DISTRICTS"
DIVISION 2, "RESIDENTIAL DISTRICT REGULATIONS", SUBDIVISION I,
"GENERALLY", BY AMENDING SECTION 106-333, "TABLE B, RESIDENTIAL AREA
REQUIREMENTS", BY ADDING NEW FOOTNOTE 20, REGARDING MAXIMUM LOT
COVERAGE FOR SINGLE-FAMILY DWELLINGS; 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 ($2,000); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106, "Zoning," Article III. "Districts" Division 2, "Residential
District Regulations", Subdivision 1 "Generally", Section 106-333, "Table B, Residential Area
Requirements", of the Code of Ordinances, La Porte, Texas, is hereby amended by adding new
footnote 20, which shall read as follows:
"20. Maximum Lot Coverage for single-family detached in Planned Unit Development
(PUD) zoning district or residential subdivisions requiring a detention/drainage system,
shall be 50%."
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this theJi!!!day of Ct;t1AJ;
f
CITY OF LA PORTE
,2010.
~~7
Ma r
ATTEST:
Lfff)tlHitL c4~tJ
City Secretary
APPtZ
~T~~..~,
Assistant City Attorney
2
21/22
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
April 26. 2010
Source of Funds: NA
Requested By: Tim Tietiens
Account Number: NA
Department: Planninl!
Amount Budgeted: NA
Report: _Resolution: _Ordinance:_X_
Exhibits:
Ordinance (showing changes)
Ordinance
SUMMARY
Recent developments have generated preliminary discussion on possible revision of landscaping
standards to Chapter 106 (Zoning) of the Code of Ordinances. The purpose is to enhance the
overall impression of the City, to have quality developments along major thoroughfares, and
attract new sustainable businesses to La Porte. Staff analyzed the situation thoroughly and
presented this item to the Planning and Zoning Commission for discussion and further guidance
in order for possible changes to the Code of Ordinances relating to landscaping, tree
preservation, tree replacement and establishing tree fund in La Porte.
Current ordinances require minimum landscaping to be 6%. Instead, a landscape area four feet in
width is recommended along the front property line and along the side property lines to the
building setback line or building, whichever distance is greater. Comer lots shall be treated as
having two front property lines. Proposed landscaping shall be a combination of trees and shrubs.
The existing provision for tree preservation requires that any native tree within 15 feet of the
street right-of-way line or easement line abutting front yard or within ten feet of street right-of-
way line or easement line abutting required side yard with a trunk exceeding six inches in
diameter should not be removed or destroyed. To encourage preservation of existing large trees,
an overall developed site area is recommended for consideration under this section.
A tree disposition plan or tree survey would be required for tree replacement in the case of
removal or damage to a native tree or qualifying protected tree. In addition, a tree fund is
introduced as an optional means of mitigating tree loss or conflict regarding site development.
Monies from the tree fund would be allocated to purchase trees required for replacement.
It is staffs opinion that the above measures will protect urban environment of the City from
unreasonable harm during development and predevelopment activities. In addition, proposed
amendments to the ordinance will enhance beauty, creation of open space, preserving trees, and
to create sense of place for subdivisions, corridors, and community entryways.
Staff with the guidance from the Planning and Zoning Commission reviewed proposed
amendments to the Chapter 106 of the Code of Ordinances. After workshops and public hearing
at the March 24, 2010, meeting, the Planning and Zoning Commission, by a unanimous vote,
recommended amendments related to landscaping, tree preservation, tree replacement, and tree
fund to be included in Chapter 106 (Zoning).
Action Required bv Council:
1. Conduct a Public Hearing
2. Approve or amend an ordinance amending Chapter 106 (Zoning) to amend landscaping,
tree preservation, tree replacement, and tree fund provisions of the ordinances.
1/ J} ! 0
Date
Ron Bottoms, City Manager
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING LANDSCAPING, TREE
PRESERVATION AND TREE REPLACEMENT STANDARDS; ESTABLISHING A TREE
FUND; 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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article I, "In
General", Section 106-1, "Definitions" is hereby amended by adding the following terms, to be
added in proper alphabetical sequence, and to read as follows:
Caliper - the diameter of the main stem or trunk of a tree measured at 6" above the
ground.
Landscape Buffers - use of landscaping to provide separation between dissimilar land
uses. Width is based on the zoning of the development and abutting property and
adioining streets.
Section 2. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V.
"Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements" is
hereby amended by amending Section 106-800 "Landscaping", which section shall read as
follows:
"Sec. 106-800. Landscaping.
(a) Landscaping is required along the front property line and along the side property lines
in a minimum four feet wide planting strip with a combination of trees and shrubs:---ffi
percentages specified in sections 106 333, 106 113, and 106 522. Comer lots shall be treated as
havin~ tw<? front. pro1?erty ~ines. ,A .certified . site p~an ,and/or separate landscape plans shall be
submItted m conjunctIon wIth bUIldmg permIt applIcatIons. A landscape legend on the site plan
shall include type. size. and number of plantings existing and proposed at site. Approval of
landscape requirements is a condition of building permit approval. Total area of required
landscaping shall be computed by the follo':ling method:
(1) Total developed site area shall be computed.
(2) Total area of roofed o'ler improvements sHall be computed and then deducted
from the de'/eloped site area.
(3) The area of required la1'1dscaping shall be based 01'1 the total remaining developed
site area.
(b) Landscaping within public rights-of-way may be l:lsed for landscaping purposes.
Howe';er, right of way l:lsed for la1'1dscapi1'1g will not contribute towards a total required
landscaping percentage for parking and open-space areas unless approved bv the
Director. Landscaping on public property or easements is at owner's risk and subject to
the requirements of section 106-794 of this Chapter.
(c) Landscaping plans shall be developed using the following criteria:
(1) Location.
a. Required landscaping shall be located ffi adjacent to the front and side property
lines yam. There shall be at least one ornamental tree for every thirty linear feet of
front property landscape area on sites not abutting major thoroughfares. For sites
abutting major thoroughfares. there shall be at least one ornamental tree for every
twenty linear feet. Trees shall be planted in a boulevard type manner on center
and uniform distance from the curb or pavement.
b. Landscaping located in sight triangles shall be maintained in a manner that
maintains an area of clear visibility between three and six feet as measured
vertically from the adjacent prevailing grade.
c. Parking Lot Requirements.
i. Parking lot with minimum twenty spaces shall provide a planter at the ratio of
one for every ten parking spaces.
ii. Planters (min. 135 square feet) shall not abut on more than two sides of
required perimeter landscape area. Each required planter shall have one shade
tree. Trees shall be dispersed throughout the parking lot to maximize the shading
effect on the parking spaces. These trees are exclusive of trees planted around the
perimeter of the parking lot.
iii. The minimum size of parking lot trees shall be minimum two-inch caliper.
iv. The minimum height of parking lot trees shall be six feet.
(2) Types of plants and materials. Trees, Grass, grou1'1d cover, flowering and non-
flowering plants, shrubs, and trees, wood, timber, stone, fountains, and ponds may
be used for required landscaping.
a. Shade trees shall be minimum of two-inch caliper and shall be selected from
City's recommended native/protected trees and plants list. Ornamental trees
shall be minimum of six feet in height at the time of planting.
b. Shrubs or hedgerow plants shall be no less than five gallons in size and spaced
no more than three feet on center.
c. Combination of trees and shrubs in a required landscape area should form a
continual evergreen hedge or row when screening a parking area.
(3) Maintenance. Required landscaping must be maintained by the property owner
and/or occupant. Vehicles should not encroach upon perimeter landscape areas or
planters. Wheel stops must be provided along perimeter frontage to ensure no
overhang or damage to landscape area.
(4) Irrigation. A programmable automatic irrigation system shall be provided to all
2
landscaped areas. Water conservation or rain sensor devices shall be used in
accordance with applicable City reauirements.
(d)
(1)
Landscaping/screening for shipping container facilities.
The property owner or tenant shall provide a natural screening. This will be
accomplished in one of three ways.
a. Leave in place existing trees, vegetation, underbrush, etc. to provide a
thorough, continuous and effective opaque visual screening of the
shipping container development.
b. Construct earthen berms with a combination of trees, shrubs, and ground
cover that after three years will be at least 20 feet in height and creates a
continuous visual screen.
c. Develop a screening plan that would be approved by the city that includes
a combination of trees, shrubs, and ground cover that after three years will
be at least 20 feet in height and creates a continuous visual screen.
(2) The property owner or tenant will provide screening along the frontage of the site
and along the side yards for a distance of 50 feet. In the advent that the site is
adjacent to a commercial or residential use, the screening shall be required for the
entire length of the adjacent yard area.
(3) All required screening shall be adjusted away from overhead power lines to allow
for full maturity of the trees without unnecessary trimming or topping of the
trees.
Section 3. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V.
"Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements" is
hereby amended by amending Section 106-801 "Tree Preservation", which section shall read as
follows:
"Sec. 106-801. Tree Preservation.
(a) It is the intent of this section to encourage the preservation of existing trees
within the city and to prohibit their unwarranted destruction. The City encourages site planning
which furthers the preservation of trees and natural areas bv the following methods: to protect
trees during construction: to facilitate site design and construction which contributes to the long
term viability of existing trees: and to control premature removal of trees: require on-site
replacement of trees that must be removed and require off-site replacement of trees that cannot
be replaced on-site. either bv direct planting or through a contribution to the tree fund established
in Section 106-803 of this Chapter. It is the further intent of this section to achieve the following
obiectives:
3
1. Protect healthy trees and preserve the natural. environmental. and aesthetic qualities of
the City to the degree possible.
2. Protect and increase the value of residential and commercial properties within the City.
3. Discourage premature clear-cutting of property.
4. Maintain and enhance a positive image for the attraction of new developments to the
City.
(b) It shall be unlawful for any person to cause or permit the destruction of any native
tree 'Nithin 15 feet of any street right of way line or easemeat line abl:ltting the required front
yard or within ten f~et of any street right of way line or easement line abutting the required side
yar&-within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch
circumference) at a point 18 inches above the natural ground level. Provided, however, it shall
not be a violation of this provision if a tree is removed and destroyed where, in the opinion of the
planning director or his designated representative, said tree constitutes a hazard to pedestrian
and/or vehicular traffic along any such right-of-way.
(c) No person, firm or corporation desirous of developing or improving any parcel of
property, shall remove or cause the removal of any tree from said property without first obtaining
a clearing permit which would allow clearing of buildable areas only."
Section 4. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V.
"Supplementary District Regulations", Division 43. "Fencing and Landscaping Requirements" is
hereby amended by amending Section 106-802 "Tree Replacement", which section shall read as
follows:
"Sec. 106-802. Tree Replacement
A tree disposition plan or tree survey must be submitted and approved prior to the removal or
destruction of any qualifying protected tree. In the event that it is necessary to remove a
protected tree. as a condition of a building permit issuance. applicant shall be required to replace
the tree(s) being removed with replacement trees as follows:
(a) Number of replacement trees. Tree disposition conditions and tree permit authorizing
removal of or damage to large trees or protected trees shall normally require replacement by
one or more newly planted trees on the same subject site. If this is not feasible, the owner or
developer must plant and maintain off-site replacement trees in reasonable proximity to the
subject site.
(b) Minimum size. Replacement trees must normally have a trunk diameter caliper of at least two
inches measured six inches from the ground. The enforcement officer may prescribe a
proportionally smaller trunk diameter caliper for certain species of trees, i.e. Crepe Myrtle.
(c) Qualified trees. To be a "qualified tree', a tree must comply with the recommended tree list
"native or protected" of the City.
(d) Standard of review. The enforcement officer shall use reasonable best efforts to determine
the type and number of replacement trees required in an attempt to minimize undue burden
resulting from this section.
(e) Trees in street area. Before authorizing establishment or maintenance of tree or decorative
landscaping, such as lighting or a watering system in a street area, the building official must
4
be satisfied that Tex. Trans. Code, Chapter 316 has been complied with and also confirms
there would be no violation of the provisions relating to visibility triangles and future
overhead obstruction.
A sufficient number and diameter of replacement trees shall be planted on the subiect site in
order to equal the total diameter inches. as determined above. If this is not feasible. the applicant
may. upon approval by the director. plant and maintain off-site replacement trees in accordance
with this section."
Section 5. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V.
"Supplementary District Regulations", Division 3. "Fencing and Landscaping Requirements," is
hereby amended by adding new Section 106-803 "Tree Fund", which shall read as follows:
"Sec. 106-803. Tree Fund.
There is hereby established a tree fund. which shall be administered by the Director of Parks and
Recreation or his/her designee. All revenues. mitigation fees. and penalties received pursuant to
this section. or for the enforcement thereof. and any donations or grant monies received to
achieve the purpose of tree preservation or replacement. shall be deposited into the tree fund.
Monies in the tree fund may be used to purchase trees required for replacement but may not be
used in any manner that will profit the grantee. Tree replacement fee shall be calculated at the
rate of one hundred dollars ($100.00) lJer caliper inch of tree otherwise required or shall be
periodically adiusted as the market value of replacement trees warrants.
The owner or developer of any lot or tract of land required to replace trees in accordance with
this chapter may. as an alternative. and upon approval by the City. pay a prescribed fee/amount
into the tree fund in accordance with the following conditions:
1. Residential and non-residential site plans/plats - payment to the tree fund must be
received by the City prior to the submission of the development site plan and/or final plat
approval by the Planning and Zoning Commission.
2. Building permits not requiring site plans/plats - payment to the tree fund must be
received by the City prior to the issuance of a building permit.
Sections 106-804 -106-830. Reserved."
Section 6: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 7: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
5
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 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 9. 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 10. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this the
day of
,2010.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
6
ORDINANCE NO.
3)43
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING LANDSCAPING, TREE
PRESERV ATION AND TREE REPLACEMENT STANDARDS; ESTABLISHING A TREE
FUND; 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
PUBLICA TION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article I, "In
General", Section 106-1, "Definitions" is hereby amended by adding the following terms, to be
added in proper alphabetical sequence, and to read as follows:
Caliper - the diameter of the main stem or trunk of a tree measured at 6" above the
ground.
Landscape Buffers - use of landscaping to provide separation between dissimilar land
uses. Width is based on the zoning of the development and abutting property and
adjoining streets.
Section 2. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V.
"Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements" is
hereby amended by amending Section 106-800 "Landscaping", which section shall read as
follows:
"Sec. 106-800. Landscaping.
(a) Landscaping is required along the front property line and along the side property lines
in a minimum four feet wide planting strip with a combination of trees and shrubs. Comer lots
shall be treated as having two front property lines. A certified site plan and/or separate landscape
plans shall be submitted in conjunction with building permit applications. A landscape legend on
the site plan shall include type, size, and number of plantings existing and proposed at site.
Approval of landscape requirements is a condition of building permit approval.
(b) Landscaping within public rights-of-way will not contribute towards a total required
landscaping for parking and open-space areas unless approved by the Director.
Landscaping on public property or easements is at owner's risk and subject to the
requirements of section 106-794 of this Chapter.
(c) Landscaping plans shall be developed using the following criteria:
(1) Location.
a. Required landscaping shall be located adjacent to the front and side property
lines. There shall be at least one ornamental tree for every thirty linear feet of
front property landscape area on sites not abutting major thoroughfares. For sites
abutting major thoroughfares, there shall be at least one ornamental tree for every
twenty linear feet. Trees shall be planted in a boulevard type manner on center
and uniform distance from the curb or pavement.
b. Landscaping located in sight triangles shall be maintained in a manner that
maintains an area of clear visibility between three and six feet as measured
vertically from the adjacent prevailing grade.
c. Parking Lot Requirements.
i. Parking lot with minimum twenty spaces shall provide a planter at the ratio of
one for every ten parking spaces.
ii. Planters (min. 135 square feet) shall not abut on more than two sides of
required perimeter landscape area. Each required planter shall have one shade
tree. Trees shall be dispersed throughout the parking lot to maximize the shading
effect on the parking spaces. These trees are exclusive of trees planted around the
perimeter of the parking lot.
iii. The minimum size of parking lot trees shall be minimum two-inch caliper.
iv. The minimum height of parking lot trees shall be six feet.
Types of plants and materials. Trees, flowering and non-flowering plants, shrubs,
wood, timber, stone, fountains, and ponds may be used for required landscaping.
(2)
a. Shade trees shall be minimum of two-inch caliper and shall be selected from
City's recommended native/protected trees and plants list. Ornamental trees
shall be minimum of six feet in height at the time of planting.
b. Shrubs or hedgerow plants shall be no less than five gallons in size and spaced
no more than three feet on center.
c. Combination of trees and shrubs in a required landscape area should form a
continual evergreen hedge or row when screening a parking area.
(3) Maintenance. Required landscaping must be maintained by the property owner
and/or occupant. Vehicles should not encroach upon perimeter landscape areas or
planters. Wheel stops must be provided along perimeter frontage to ensure no
overhang or damage to landscape area.
(4) Irrigation. A programmable automatic irrigation system shall be provided to all
landscaped areas. Water conservation or rain sensor devices shall be used in
accordance with applicable City requirements.
(d) Landscaping/screening for shipping container facilities.
(1) The property owner or tenant shall provide a natural screening. This will be
accomplished in one of three ways.
a. Leave in place existing trees, vegetation, underbrush, etc. to provide a
thorough, continuous and effective opaque visual screening of the
shipping container development.
2
b. Construct earthen berms with a combination of trees, shrubs, and ground
cover that after three years will be at least 20 feet in height and creates a
continuous visual screen.
c. Develop a screening plan that would be approved by the city that includes
a combination of trees, shrubs, and ground cover that after three years will
be at least 20 feet in height and creates a continuous visual screen.
(2) The property owner or tenant will provide screening along the frontage of the site
and along the side yards for a distance of 50 feet. In the advent that the site is
adjacent to a commercial or residential use, the screening shall be required for the
entire length ofthe adjacent yard area.
(3) All required screening shall be adjusted away from overhead power lines to allow
for full maturity of the trees without unnecessary trimming or topping of the
trees.
Section 3. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V.
"Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements" is
hereby amended by amending Section 106-801 "Tree Preservation", which section shall read as
follows:
"Sec. 106-801. Tree Preservation.
(a) It is the intent of this section to encourage the preservation of existing trees
within the city and to prohibit their unwarranted destruction. The City encourages site planning
which furthers the preservation of trees and natural areas by the following methods: to protect
trees during construction; to facilitate site design and construction which contributes to the long
term viability of existing trees; and to control premature removal of trees; require on-site
replacement of trees that must be removed and require off-site replacement of trees that cannot
be replaced on-site, either by direct planting or through a contribution to the tree fund established
in Section 106-803 of this Chapter. It is the further intent of this section to achieve the following
objectives:
1. Protect healthy trees and preserve the natural, environmental, and aesthetic qualities of
the City to the degree possible.
2. Protect and increase the value of residential and commercial properties within the City.
3. Discourage premature clear-cutting of property.
4. Maintain and enhance a positive image for the attraction of new developments to the
City.
(b) It shall be unlawful for any person to cause or permit the destruction of any native
tree within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch
circumference) at a point 18 inches above the natural ground level. Provided, however, it shall
not be a violation of this provision if a tree is removed and destroyed where, in the opinion of the
planning director or his designated representative, said tree constitutes a hazard to pedestrian
and/or vehicular traffic along any such right-of-way.
3
(c) No person, firm or corporation desirous of developing or improving any parcel of
property, shall remove or cause the removal of any tree from said property without first obtaining
a clearing permit which would allow clearing of buildable areas only."
Section 4. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V.
"Supplementary District Regulations", Division 4. "Fencing and Landscaping Requirements" is
hereby amended by amending Section 106-802 "Tree Replacement", which section shall read as
follows:
"Sec. 106-802. Tree Replacement
A tree disposition plan or tree survey must be submitted and approved prior to the removal or
destruction of any qualifying protected tree. In the event that it is necessary to remove a
protected tree, as a condition of a building permit issuance, applicant shall be required to replace
the tree(s) being removed with replacement trees as follows:
(a) Number of replacement trees. Tree disposition conditions and tree permit authorizing
removal of or damage to large trees or protected trees shall normally require replacement by
one or more newly planted trees on the same subject site. If this is not feasible, the owner or
developer must plant and maintain off-site replacement trees in reasonable proximity to the
subject site.
(b) Minimum size. Replacement trees must normally have a trunk caliper of at least two inches
measured six inches from the ground. The enforcement officer may prescribe a
proportionally smaller trunk caliper for certain species of trees, i.e. Crepe Myrtle.
(c) Qualified trees. To be a "qualified tree', a tree must comply with the recommended tree list
"native or protected" ofthe City.
(d) Standard of review. The enforcement officer shall use reasonable best efforts to determine
the type and number of replacement trees required in an attempt to minimize undue burden
resulting from this section.
(e) Trees in street area. Before authorizing establishment or maintenance of tree or decorative
landscaping, such as lighting or a watering system in a street area, the building official must
be satisfied that Tex. Trans. Code, Chapter 316 has been complied with and also confirms
there would be no violation of the provisions relating to visibility triangles and future
overhead obstruction.
A sufficient number and diameter of replacement trees shall be planted on the subject site in
order to equal the total diameter inches, as determined above. If this is not feasible, the applicant
may, upon approval by the director, plant and maintain off-site replacement trees in accordance
with this section."
Section 5. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V.
"Supplementary District Regulations", Division 3. "Fencing and Landscaping Requirements," is
hereby amended by adding new Section 106-803 "Tree Fund", which shall read as follows:
4
"Sec. 106-803. Tree Fund.
There is hereby established a tree fund, which shall be administered by the Director of Parks and
Recreation or his/her designee. All revenues, mitigation fees, and penalties received pursuant to
this section, or for the enforcement thereof, and any donations or grant monies received to
achieve the purpose of tree preservation or replacement, shall be deposited into the tree fund.
Monies in the tree fund may be used to purchase trees required for replacement but may not be
used in any manner that will profit the grantee. Tree replacement fee shall be calculated at the
rate of one hundred dollars ($100.00) per caliper inch of tree otherwise required or shall be
periodically adjusted as the market value of replacement trees warrants.
The owner or developer of any lot or tract of land required to replace trees in accordance with
this chapter may, as an alternative, and upon approval by the City, pay a prescribed fee/amount
into the tree fund in accordance with the following conditions:
1. Residential and non-residential site plans/plats - payment to the tree fund must be
received by the City prior to the submission of the development site plan and/or final plat
approval by the Planning and Zoning Commission.
2. Building permits not requiring site plans/plats - payment to the tree fund must be
received by the City prior to the issuance of a building permit.
Sections 106-804 -106-830. Reserved."
Section 6: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 7: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 9. 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.
5
Section 10. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this the~1t1J-day of utA{}!
I
CITY OF LA PORTE
,2010.
~~
ATTEST:
Lfr/att/:tu lidO
CIty ecretary
AP~
' r/L --r: 7L~
ssistant City Attorney
6
23
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
4-26-10
Budeet
Requested By: Kpnith Arlrm:
Source of Funds:
Department: Pglif:e
Account Number:
Report:
Resolution:
Ordinance:
xx
Amount Budgeted:
Exhibits: ORDINANCE AMENDING CHAPTER 14
OF THE CODE OF ORDINANCES
Amount Requested:
Budgeted Item: N/A
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
The La Porte Police Department's Animal Control Division is requesting that City Council
consider several amendments to Chapter 14 of the Code of Ordinances regulating animals and
the operations of the Animal Shelter within the City of La Porte. The changes are recommended
by the Animal Control Advisory Board and are designed to enhance the Shelter's adoption
efforts. They include increasing the number of dogs and/or cats allowed per household from 2 to
3, the elimination of the current requirement that unclaimed animals be destroyed after 72 hours,
and allowing for the implementation of a Veterinary Services Voucher system, which will allow
for the immediate adoption of Shelter Animals on and off-site (i.e. PETSMART, Animal Fairs at
the park, etc.).
Action Required bv Council: Consider for approval of the requested amendment to Chapter 14, Code of
o nces, regarding the regulation of animals.
_4 (aJ, j)
Date
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE, TEXAS, REGARDING REGULATION OF ANIMALS;
PROVIDING FOR CERTAIN FEES FOR SPAYING AND NEUTERING OF DOGS AND
CATS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING
CLAUSE; 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; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 14, "Animals," Article I "In General", Section 14-1 "Definitions" of the
Code of Ordinances of the City of La Porte, Texas, is hereby amended to hereafter read as follows,
to wit:
"Sec. 14-1. Definitions
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal control officer means any person designated by the chief of police to represent and act for
the city in the impoundment of animals, controlling of animals running at large and as otherwise
provided and required in this article.
Excreta means waste material eliminated or separated off from an organism, including excretions
or feces of an animal.
Inhumane treatment means any treatment to any animal which deprives the animal of sustenance,
including food, water or protection from weather; any treatment of any animal such as
overloading, overworking, tormenting, beating, mutilating or teasing; or other abnormal treatment
as may be determined by the director of public health, director of the animal control division, or a
law enforcement officer.
Kennel means any lot, enclosure, premises, structure or building where efl three or more four or
more dogs and/or cats over the age of four months are kept or maintained for any purpose
whatever, except a veterinary hospital operated by a graduate veterinarian duly licenses by the
state board of veterinary examiners, or the impound facility operated by the city.
Owner means any person owning, possessing, harboring, keeping or sheltering any animal.
Rabies control authority means the immediate supervisor of the animal control officers.
Running at large off the premises means any dog which is not restrained by means of a leash or
chain of sufficient strength and not more than six feet in length to control the actions of such
animal while off the premises, or any cat which is offthe owner's property.
Running at large on the premises means any dog not confined by the premises of the owner by a
substantial fence of sufficient strength and height to prevent the animal from escaping therefrom,
or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal
from escaping from premises and so arranged that the animal will remain upon the premises when
the leash is stretched to full length. A dog intruding upon the property of another person other than
the owner shall be termed at large. Any animal within an automobile or other vehicle of its owner
or owner's agent shall not be deemed at large. A female dog in heat that is not enclosed shall be
considered at large, whether on or off the premises.
Unprovoked (with respect to an attack by an animal) means that the animal was not, immediately
prior to an attack, incited into retaliation by virtue of being hit, kicked or struck by a person or
animal with an object or a person or animal's body, nor was any part of the animal's body pulled,
pinched or squeezed by a person or other animal.
Vaccination means an injection of United States Department of Agriculture approved rabies
vaccine administered as prescribed by rules ofthe state board of health".
Veterinarian hospital means, for purposes of this chapter, a place where pet animals or livestock
are treated for disease or injury, or pet animals are boarded under the supervision of a licensed
veterinarian.
Vicious or dangerous animal means:
(1) Any animal which has behaved in such a manner that the owner knows or should reasonably
know that the animal is possessed of tendencies to attack or to bite human beings or other animals;
(2) Any animal certified by a doctor of veterinary medicine, after observation thereof, as posing a
danger to human life, animal life, or property upon the basis of a reasonable medical probability;
(3) Any animal that commits an unprovoked attack on a person or animal on public or private
property;
(4) Any animal that attacks or threatens to attack a person or animal; or
(5) Any dangerous dog as defined in V.T.C.A., Health and Safety Code S 822.041."
Section 2. Chapter 14, "Animals," Article III "Dogs and Cats", Division I "In General",
Section 14-81 "Licensing and vaccination" of the Code of Ordinances of the City of La Porte,
Texas, is hereby amended to hereafter read as follows, to wit:
"Sec. 14-81. Licensing and vaccination.
(a) Registration permit application; issuance of tag. The owner of a dog or cat is hereby required
to make application to the director of the animal control division of the city for a registration
permit. Such applications are to contain information of the animal's description, date of
immunization, and name, address and telephone number of the owner. Upon completion of the
application and payment of the permit fee listed in appendix A of this Code, a metal tag will be
issued to the owner, which is required to be attached to the collar of the dog or cat.
(b) Vaccination against rabies; certificate and tag issued to owner. The owner of a dog or cat
shall have the animal vaccinated against rabies by the time the animal is four months of age and
once e','ery 12 calendar months thereafter as prescribed by rules of the state board of health. A
veterinarian who vaccinates a dog or cat against rabies shall issue to the animal's owner a
vaccination certificate in a form that meets the minimum standards approved by the state board of
health. The city may not register or license an animal that has not been vaccinated in accordance
with this section. At the time of the vaccination, a metal tag shall be issued by the veterinarian
showing the name of the veterinarian, the tag number and the year of issuance. The owner shall
attach the rabies tag to the collar of the dog or cat reflecting the vaccination of the animal. Such
owner shall retain the certificate of vaccination until the vaccination is renewed.
(c) Lost or stolen tags. Lost or stolen permit tags may be replaced by payment of a fee
established by resolution of the city council and presentation of the registration application. If a tag
and registration application are both lost or stolen, a new license must be purchased at the regular
fees.
(d) Compliance with section required. It is unlawful for any person or owner to fail to comply
with this section, including the provisions for requiring tags to be displayed upon the collar ofthe
dog or cat, with such collar being attached to the body of the animal."
Section 3. Chapter 14, "Animals," Article III "Dogs and Cats", Division 1 "Generally",
Section 14-84 "Adoption from shelter; payment of registration fees; certificate of vaccination
required" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to hereafter
read as follows, to wit:
"Sec. 14-84. Adoption from shelter; payment of registration fees; certificate of vaccination
required.
(a) A person may adopt a dog or a cat from the animal shelter by paying the applicable fees
for city registmtion, rabies vaccination and spaying or neutering of the animal. fce at city
hall and prepaying the fees for vaccination and spaying or neutering, at a participating
veterinarian. "\fter receipt of payment is presented to an animal control officer, the animal
will be delivered to the veterinarian by an animal control officer for the procedures stated.
The animal may be released after the procedures are completed to the adopter by an
animal control officer or the yeterinarian. A list of participating veterinarians shall be kept
on file at the animal control unit and the finance department at city hall. All fees shall be
in amounts established will be listed in appendix A of this code. Proof of vaccination and
spaying or neutering must be received by the Animal Control Division within the
specified time line listed in the adoption agreement between the city and the registered
owner, at which time a city registration tag will be issued.
(b) The registration permit fee listed in appendix A of this Code for all animals covered
under this article shall be payable to the city and shall be due January 1 of each year.
(c) A certificate of vaccination, must be presented to the animal control division of the city
before a registration permit will be issued."
Section 4. Chapter 14, "Animals," Article III "Dogs and Cats", Division 2 "Dogs", Section
14-106 "Impoundment, redemption and disposition" of the Code of Ordinances of the City of La
Porte, Texas, is hereby amended to hereafter read as follows, to wit:
"Sec. 14-106. Impoundment, redemption and disposition.
Any dog running at large in the city, or any dog not provided with a collar or harness to
which is attached a metal license tag and a tag furnished by the veterinarian showing that such dog
has been vaccinated, shall be impounded by an animal control officer, chief of police or their
authorized representatives, in a place provided for that purpose. If such dog is not called for by the
owner within 72 hours after impoundment, the dog shall may be destroyed humanely. The owner
of any dog impounded shall be permitted to repossess such dog upon the payment to the city of a
pound fee in an amount as established by the city and listed in appendix A of this Code, if the dog
is currently vaccinated and licensed as required by this chapter. If the dog is unvaccinated, the
pound fee shall be in an amount established by the city and listed in appendix A of this Code, and
the dog shall be vaccinated and licensed as required by this chapter, at the owner's expense, before
it shall be released to the owner. The owner shall have the burden of proof as to vaccination and
licensing. If the impounded dog is a female in heat, the pound fees in the amount established by the
city and listed in appendix A of this Code shall be doubled."
Section 5. Appendix - A "Fees", Article III "Dogs and Cats", Division 1 "In General" of the
Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding the following
fees for spaying and neutering, hereafter read as follows, to wit:
"(a) SpayinglNeutering Fees
14-84
(1) Per dog.......... $75.00
(2) Per cat.......... $75.00"
Section 6. Reference is here made to Title 10, "Health and Safety of Animals", Chapter 821
through Chapter 828, of the Texas Health and Safety Code. In the event of any conflict between
the terms and provisions of Chapter 14 of the Code of Ordinances of the City of La Porte, and Title
10 of the Texas Health and Safety Code, the provisions of Title 10 of the Texas Health and Safety
Code shall prevail, to the extent of such conflict.
Section 7. If any provision, section, subsection, sentence, clause, or phrase of this ordinance,
or the application of same to any person or set of circumstances is for any reason held to be
unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their
application to other persons or sets of circumstances shall not be affected thereby, it being the
intent of the City Council in adopting this ordinance that no portion hereof or provision or
regulation contained herein shall become inoperative or fail by reason of any unconstitutionality,
vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared
to be severable for that purpose.
Section 8. All ordinances or parts of ordinances inconsistent with the terms of this ordinance
are hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 9. Any person who violates a provision of this ordinance, upon conviction in the
municipal court of the City of La Porte shall be subject to fine not to exceed five hundred
($500.00). Each day of violation shall be considered a separate offense.
Section 10. The City Council officially finds, determines, recites and declares that a sufficient
written notice ofthe date, hour, place and subject ofthis meeting ofthe 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, 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 contacts and posting thereof.
Section 11. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof
to be published in the official newspaper of the City of La Porte at least once within ten (10) days
after the passage of this ordinance, in accordance with the City of La Porte Charter.
PASSED AND APPROVED, this the _ day of
,2010.
CITY OF LA PORTE
By:
Barry Beasley, Mayor
ATTEST:
Martha Gillett
City Secretary
APPROVED:
Clark Askins
Assistant City Attorney
ORDINANCE NO. 3:fi q ~
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE, TEXAS, REGARDING REGULATION OF ANIMALS;
PROVIDING FOR CERTAIN FEES FOR SPAYING AND NEUTERING OF DOGS AND
CA TS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING
CLAUSE; 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; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 14, "Animals," Article I "In General", Section 14-1 "Definitions" of the
Code of Ordinances of the City of La Porte, Texas, is hereby amended to hereafter read as follows,
to wit:
"Sec. 14-1. Definitions
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal control officer means any person designated by the chief of police to represent and act for
the city in the impoundment of animals, controlling of animals running at large and as otherwise
provided and required in this article.
Excreta means waste material eliminated or separated off from an organism, including excretions
or feces of an animal.
Inhumane treatment means any treatment to any animal which deprives the animal of sustenance,
including food, water or protection from weather; any treatment of any animal such as
overloading, overworking, tormenting, beating, mutilating or teasing; or other abnormal treatment
as may be determined by the director of public health, director of the animal control division, or a
law enforcement officer.
Kennel means any lot, enclosure, premises, structure or building where four or more dogs and/or
cats over the age of four months are kept or maintained for any purpose whatever, except a
veterinary hospital operated by a graduate veterinarian duly licenses by the state board of
veterinary examiners, or the impound facility operated by the city.
Owner means any person owning, possessing, harboring, keeping or sheltering any animal.
Rabies control authority means the immediate supervisor of the animal control officers.
Running at large off the premises means any dog which is not restrained by means of a leash or
chain of sufficient strength and not more than six feet in length to control the actions of such
animal while off the premises, or any cat which is off the owner's property.
Running at large on the premises means any dog not confined by the premises of the owner by a
substantial fence of sufficient strength and height to prevent the animal from escaping therefrom,
or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal
from escaping from premises and so arranged that the animal will remain upon the premises when
the leash is stretched to full length. A dog intruding upon the property of another person other than
the owner shall be termed at large. Any animal within an automobile or other vehicle of its owner
or owner's agent shall not be deemed at large. A female dog in heat that is not enclosed shall be
considered at large, whether on or off the premises.
Unprovoked (with respect to an attack by an animal) means that the animal was not, immediately
prior to an attack, incited into retaliation by virtue of being hit, kicked or struck by a person or
animal with an object or a person or animal's body, nor was any part of the animal's body pulled,
pinched or squeezed by a person or other animal.
Vaccination means an injection of United States Department of Agriculture approved rabies
vaccine administered as prescribed by rules of the state board of health".
Veterinarian hospital means, for purposes of this chapter, a place where pet animals or livestock
are treated for disease or injury, or pet animals are boarded under the supervision of a licensed
veterinarian.
Vicious or dangerous animal means:
(1) Any animal which has behaved in such a manner that the owner knows or should reasonably
know that the animal is possessed of tendencies to attack or to bite human beings or other animals;
(2) Any animal certified by a doctor of veterinary medicine, after observation thereof, as posing a
danger to human life, animal life, or property upon the basis of a reasonable medical probability;
(3) Any animal that commits an unprovoked attack on a person or animal on public or private
property;
( 4) Any animal that attacks or threatens to attack a person or animal; or
(5) Any dangerous dog as defined in V.T.C.A., Health and Safety Code 9 822.041."
Section 2. Chapter 14, "Animals," Article III "Dogs and Cats", Division 1 "In General",
Section 14-81 "Licensing and vaccination" of the Code of Ordinances of the City of La Porte,
Texas, is hereby amended to hereafter read as follows, to wit:
"Sec. 14-81. Licensing and vaccination.
(a) Registration permit application; issuance of tag. The owner of a dog or cat is hereby required
to make application to the director of the animal control division of the city for a registration
permit. Such applications are to contain information of the animal's description, date of
immunization, and name, address and telephone number of the owner. Upon completion of the
application and payment of the permit fee listed in appendix A of this Code, a metal tag will be
issued to the owner, which is required to be attached to the collar of the dog or cat.
(b) Vaccination against rabies; certificate and tag issued to owner. The owner of a dog or cat
shall have the animal vaccinated against rabies by the time the animal is four months of age and
thereafter as prescribed by rules of the state board of health. A veterinarian who vaccinates a dog
or cat against rabies shall issue to the animal's owner a vaccination certificate in a form that meets
the minimum standards approved by the state board of health. The city may not register or license
an animal that has not been vaccinated in accordance with this section. At the time of the
vaccination, a metal tag shall be issued by the veterinarian showing the name of the veterinarian,
the tag number and the year of issuance. The owner shall attach the rabies tag to the collar of the
dog or cat reflecting the vaccination of the animal. Such owner shall retain the certificate of
vaccination until the vaccination is renewed.
(c) Lost or stolen tags. Lost or stolen permit tags may be replaced by payment of a fee
established by resolution of the city council and presentation of the registration application. If a tag
and registration application are both lost or stolen, a new license must be purchased at the regular
fees.
(d) Compliance with section required. It is unlawful for any person or owner to fail to comply
with this section, including the provisions for requiring tags to be displayed upon the collar of the
dog or cat, with such collar being attached to the body of the animal."
Section 3. Chapter 14, "Animals," Article III "Dogs and Cats", Division 1 "Generally",
Section 14-84 "Adoption from shelter; payment of registration fees; certificate of vaccination
required" of the Code of Ordinances ofthe City of La Porte, Texas, is hereby amended to hereafter
read as follows, to wit:
"Sec. 14-84. Adoption from shelter; payment of registration fees; certificate of vaccination
required.
(a) A person may adopt a dog or a cat from the animal shelter by paying the applicable fees
for rabies vaccination and spaying or neutering of the animal. All fees shall be in amounts
established in appendix A of this code. Proof of vaccination and spaying or neutering
must be received by the Animal Control Division within the specified timeline listed in
the adoption agreement between the city and the registered owner, at which time a city
registration tag will be issued.
(b) The registration permit fee listed in appendix A of this Code for all animals covered under
this article shall be payable to the city and shall be due January 1 of each year.
(c) A certificate of vaccination, must be presented to the animal control division of the city
before a registration permit will be issued."
Section 4. Chapter 14, "Animals," Article III "Dogs and Cats", Division 2 "Dogs", Section
14-106 "Impoundment, redemption and disposition" of the Code of Ordinances of the City of La
Porte, Texas, is hereby amended to hereafter read as follows, to wit:
"Sec. 14-106. Impoundment, redemption and disposition.
Any dog running at large in the city, or any dog not provided with a collar or harness to
which is attached a metal license tag and a tag furnished by the veterinarian showing that such dog
has been vaccinated, shall be impounded by an animal control officer, chief of police or their
authorized representatives, in a place provided for that purpose. If such dog is not called for by the
owner within 72 hours after impoundment, the dog may be destroyed humanely. The owner of any
dog impounded shall be permitted to repossess such dog upon the payment to the city of a pound
fee in an amount as established by the city and listed in appendix A of this Code, if the dog is
currently vaccinated and licensed as required by this chapter. If the dog is unvaccinated, the pound
fee shall be in an amount established by the city and listed in appendix A ofthis Code, and the dog
shall be vaccinated and licensed as required by this chapter, at the owner's expense, before it shall
be released to the owner. The owner shall have the burden of proof as to vaccination and licensing.
If the impounded dog is a female in heat, the pound fees in the amount established by the city and
listed in appendix A of this Code shall be doubled."
Section 5. Appendix - A "Fees", Article III "Dogs and Cats", Division 1 "In General" of the
Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding the following
fees for spaying and neutering, hereafter read as follows, to wit:
"(a) SpayinglNeutering Fees
14-84
(1) Per dog.......... $75.00
(2) Per cat.......... $75.00"
Section 6. Reference is here made to Title 10, "Health and Safety of Animals", Chapter 821
through Chapter 828, ofthe Texas Health and Safety Code. In the event of any conflict between
the terms and provisions of Chapter 14 of the Code of Ordinances of the City of La Porte, and Title
10 of the Texas Health and Safety Code, the provisions of Title 10 of the Texas Health and Safety
Code shall prevail, to the extent of such conflict.
Section 7. If any provision, section, subsection, sentence, clause, or phrase of this ordinance,
or the application of same to any person or set of circumstances is for any reason held to be
unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their
application to other persons or sets of circumstances shall not be affected thereby, it being the
intent of the City Council in adopting this ordinance that no portion hereof or provision or
regulation contained herein shall become inoperative or fail by reason of any unconstitutionality,
vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared
to be severable for that purpose.
Section 8. All ordinances or parts of ordinances inconsistent with the terms of this ordinance
are hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 9. Any person who violates a provision of this ordinance, upon conviction in the
municipal court of the City of La Porte shall be subject to fine not to exceed five hundred
($500.00). Each day of violation shall be considered a separate offense.
Section 10. 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, 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 contacts and posting thereof.
Section 11. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof
to be published in the official newspaper of the City of La Porte at least once within ten (10) days
after the passage of this ordinance, in accordance with the City of La Porte Charter.
PASSED AND APPROVED, this the~ay of Cf1{.~
CITY OF LA PORTE
,2010.
B~'l41
Barry Bea ey, Mafr
ATTEST:
ljJ1 tiL{A~ Jldf}
M rtHa Gillett
City Secretary
A~
. r~
Clark Askins
Assistant City Attorney
24/25
--'-~.
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 4/26/10
Requested By: Stacey Osborne
Department: Administration
Appropriation
Source of Funds:
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
Exhibits: Texas Enterprise Zone Presentation
Exhibits: Draft Ordinance
Exhibits:
SUMMARY & RECOMMENDATION
The Texas Enterprise Zone is an economic development tool for local communities to partner with the State of
Texas to promote job creation/retention and capital investment in economically distressed areas of the state.
Companies that wish to apply for Texas Enterprise Zone designation must have the nomination of a local
community in order to participate.
Invista, an integrated producer of fibers and polymers, would like to apply for a Texas Enterprise Zone
designation, and they need the City of La Porte to nominate them. lubal Smith of Price waterhouse Coopers
LLP will give a brief presentation on the Texas Enterprise Zone program, its benefits to communities, and the
requested nomination of Invista.
After this evening's presentation, if Council is amenable, we would like to schedule a public hearing and a
resolution before Council at the May 10, 20 I 0 Council Meeting to nominate Invista for this designation.
Action Reauired bv Council:
Ron Bottoms, City Manager
{ {~\"j,i>
date
"'0
"""
o
o..-\J::"aa
-. ~ '=' """
~o> ro Q)
-. V'l (') ~
ro r1" 0 ';)
~ 0 ~ 0
<&.~ 3 fS
o -.......
0> 3 (') (0
rooo..~
0> r1" ~ .....
V'l ro ro -=::.
o .....-. - (0
-n 0 0
~O"-o
ro (') 3
V'l ro ro
t-t" 0> ~
0> r1" r.
r1" -. r1"
ro 0 0
. '=' 0
--
-. -n
ro 0
r1" -.
ro _
~ 0
-. (')
o 0>
'=' -
0> (')
'=' 0
0..3
(') 3
0> C
-g. '='
r1" ~
0> -.
-ro
-. V'l
~ r1"
ro 0
~-o
3 ~
ro ~
~~
S. ~
~~
g ~
o ro
~. ~
(') 0>
0> r1"
::::ro
-<:. 0
-n
"'0
Q)
r-"""
-0 0 d".
0>-. (') ('\ .
0> ....
c;::!. --0
D. (') ~
-0 ~ t-t'.
0> ::> ....
r1" 3 0
~. C '='
'=' '='
r1" -.
";S' c;::! .
ro ro
rnV'l
~3
ro C
-. ~
-0
~. '='
V'l 0
ro 3
N -.
o '='
'=' ~
ro ro
-0 0>
-.
o (')
(1Q 0
-. 3
0> -0
3 0>
. '='
-<:.
0>
V'l
0>
'='
rn
~
ro
-.
"'0
-.
-.
V'l
ro
-0
-.
o
.....- .
ro
~
r1"
o
0"
ro
ro
-
60..
0-
-
ro
r1"
o
O:J
(0
-'.0 0 '='
,=,cro ~
c:. 0> ~. .....
ro ~(1Q ~
~ ::!'! '=' v .
3 ro ~ ,...
ro 0.. ro 0
,=,~0.."'O
r1" "'0 "'0 Q)
0> ro -. """
'=' ...... g. ,...
0.. 0.. ro .....
.....-. -' n ('\.
o r1" ,..... ....
O"CV'l-o
V'lro~~
(') V'l "" .....
-. . \\of 0
ro r-ro """
~ ro ~ .""
ro c:. 0.9 .
o..roO"
-- -
-. 0> ro
~ '=' r1"
0> 0.. 0
-. 0>
'=' 0> "'0
ro 3 "'0
0..0_
0> C -<:.
r1" '=' -n
r1" r1" 0
-:5" 0 -.
ro -n ~
.0 co ~
C -n ro
0> C
~,=,V'l
::!'!o..~
ro _. ro
0.. V'l V'l
0" -. 0>
C <]... '='
~. ~ 0..
'=' ro C
ro 0.. V'l
V'l r1" ro
V'l 0 r1"
V'l 0>
-' r1" )(
(\) -:5" -.
. ro ro
(') -n
0> C
"'0 '='
-' 0..
b! V'l
-0
'='
.
.
0-\
ro -:5"
0> ro
0.. ().
- -
- . t"'t
'='<
ro 0
V'l -n
o r-
'=' 0>
~-o
ro Q.
-nr1"
-' ro
-.
~~
~ V'l
o 0"\
-. 0
c''''O
'=' ro
(1Q '='
0..0..
~ ro
V'l.
o -
-n(1Q
-?'='
':>~
0> -.
-. 0
9-~
..
....-\
~
Ol
CJ')
rn
~
(0
~
-0
~
...... .
CJ')
(0
N
o
~
(0
'-
C
'='
ro
..
f../"I
ro
~
ro
3
0"
ro
-.
0>
'='
0..
o
ro
(')
ro
3
0"
ro
-.
------------
-1ft -1ft
I-"'"
I.J1 I.J1 -1ft
0 "0 I-"'" -1ft
"0 -1ft
"0 0 .;:. .;:.
0 0 0 0 0 ---\
0 0 "0 0 0 "0
-1ft ~o 0 0 "0 -0 0
\'oJ ~ 0 t: 0 0 0 0 ro
I.J1 0 ~ ..... 0 0 .....
0 .:0' ..... ro 0 ..... ..... 0
"0 0 -1ft 0 0 @
ro "- -1ft
0 "- -1ft t: I-"'" -1ft -1ft u.>
0 t: \'oJ 3 to .;:. 1.0 1.0
"0 3 .;:. 0- \.0 \.0 1.0 1.0
0 1.0 0 1.0 1.0 \.0
0- \.0 1.0 1.0 \.0
0 0 1.0
-0 1.0 \.0
0 1.0 "" 1.0 1.0 If\
.... -0 1.0 .2. \.0 1.0 1.0
""
3 .2. \.0 ro 1.0 1.0
ro 1.0 n 1.0
0 n 1.0 rn
....
co
~
p ,.-t-
I-"'" \'oJ 0
I.J1 \'oJ I.J1 ro
I.J1 0 I.J1
I.J1 0 0
0 0 ~
0
-0
~
..... .
If\
-1ft ro
-1ft -1ft -1ft \'oJ
0' I.J1
-1ft I-"'" u.> \'oJ ~o
-1ft \'oJ Iv 'N "U1 N
u.> "U1 0
I.J1 "U1 0 0
':....l 0 0 0
I.J1 0 "0 0 0
0 "0 0 0
"0 0 0
0 0 ~
0
ro
-1ft
-1ft \'oJ
-1ft \'oJ "U1
-1ft \'oJ "U1 0
-1ft \'oJ "U1 0 0
-1ft I.J1 "U1 0 0
-..l "0 0 0
~1.J1 0 0
0 0
0
---------
:g -0
C -g..-::r
C _. Q)
~ f,,/\ t'\ tI'
ro ~ ~ en
p ..... -. .....
... en 0 .....
'C5 :)
,....
~ 0
...-"
n
~
~ -0
"Z- -::r
o Q)
~. 'to
:) .....
~
-.
o
:)
~
o -0
03 3 -::r
en ~ ~
:s -. en
- Q) .....
~:) .....
-. t'\ .....
~en
~
/
/
/
.....-\
~
Q)
(,/l
rn
~
CO
~
-0
~.
---
(,/l
CO
~
~
CO
----------
ORDINANCE No.
An Ordinance of the City Council of the City of La Porte, Texas,
ordaining authorizing the City's participation in the Texas
Enterprise Zone Program pursuant to the Texas Enterprise Zone Act,
Chapter 2303, Texas Government Code (Aet); providing tax
incentives, designating a liaison for communication with interested
parties, and nominating INVISTA S.il r.l. to the Office of the
Governor Economic Development & Tourism (EDT) through the
Economic Development Bank (Bank) as an Enterprise Project
(Project); containing an severability clause; containing an Open
Meetings clause; providing an effective date hereof.
WHEREAS, the City Council of the City of La Porte, Texas (City) desires to create the
proper economic and social environment to induce the investment of private resources in
productive business enterprises located in severely distressed areas of the city and to
provide employment to residents of such area; and
WHEREAS, the project or activity is not located in an area designated as an enterprise
zone; and
WHEREAS, pursuant to the Texas Enterprise Zone Act (Act), Chapter 2303, Texas
Government Code, Subchapter F of the Act, INVIST A S.a r.I. has applied to the City for
designation as an enterprise project; and
WHEREAS, the City finds that INVIST A S.a r.I. meets the criteria for tax relief and other
incentives adopted by the City on the grounds that it will be located at the qualified
business site, will create a higher level of employment, economic activity and stability;
and
WHEREAS, a duly advertised public hearing to consider this ordinance was held by the
City Council on May 10,2010;
Now, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS THAT:
Section 1:
The City nominates INVIST A S.a r.l. for enterprise project status.
Section 2:
The following local incentives, at the election of the City Council of the
City of La Porte governing body, are or will be made available to the
nominated project or activity of the qualified business:
a) The City may abate taxes on the increase in value of real property
improvements and eligible personal property that locate in a
designated enterprise zone for up to -l4 5 years. The level of
abatement shall be based upon capital investment, and the extent to
which the business receiving the abatement creates jobs for qualified
employees, in accordance with the City of La Porte Tax Abatement
Peliey Guidelines and Criteria, Chapter 66 of the La Porte Code of
Ordinances, and with "qualified employee" being defined by the Act.
b) The City may, as allowed by law, provide business and industrial
development services, including:
1) Grants to eligible companies through the city's 1A and 1B Type
B sales tax corporation;
2) Chapter 380 tax rebates for projects which significantly enhance
the city's tax base;
3) Freeport exemption on property tax for employer's inventory that
is shipped outside of Texas;
4) has established a Tax Increment Reinvestment Zone;
5) provision of publicly owned land for development purposes,
including residential, commercial, or industrial development;
6) creation of special one-stop permitting and problem resolution
centers or ombudsmen; or
7) promotion and marketing services.
c) The City may, as allowed by law, provide regulatory relief to
businesses, including:
1) zoning changes or variances;
2) exemptions from unnecessary building code requirements,
impact fees, or inspection fees; or
3) streamlined permitting.
d) The City may, as allowed by law, provide enhanced municipal
services to businesses, including:
1) improved police and fire protection;
2) institution of community crime prevention programs; or
e) The City may, as allowed by law, provide improvements III
community facilities, including:
1) capital improvements in water and sewer facilities;
2) road repair; or
3) creation or improvement of parks.
t) The City may, as allowed by law, provide job training and
employment services to businesses, including:
1) retraining programs;
2) literacy and employment skills programs;
3) vocational education; or
4) customized job training.
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 8.
The enterprise zone areas within the City are reinvestment zones 1ll
accordance with the Texas Tax Code, Chapter 312, Section 312.203.
The City of La Porte City Council directs and designates Stacey Osborne
as the City's liaison to communicate and negotiate with the EDT through
the Bank and enterprise project(s) and to oversee zone activities and
communications with qualified businesses and other entities in an
enterprise zone or affected by an enterprise project.
The City finds that INVIST A S.il r.I. meets the criteria for designation as
an enterprise project under Chapter 2303, Subchapter F of the Texas
Enterprise Zone Act on the following grounds:
(a.) INVISTA S.il r.I. is a "qualified business" under Section 2303.402
of the Act since it will be engaged in the active conduct of a trade
or business at a qualified business site within the governing body's
jurisdiction, located outside of an enterprise zone and at least
thirty-five percent (35%) of the business' new employees will be
residents of an enterprise zone or economically disadvantaged
individuals; and
(b.) There has been and will continue to be a high level of cooperation
between public, private, and neighborhood entities in the area; and
(c.) The designation of INVISTA S.il r.I. as an enterprise project will
contribute significantly to the achievement of the plans of the City
for development and revitalization of the area.
The enterprise project shall take effect on the date of designation of the
enterprise project by EDT and terminate on 6 1 15 June 1, 2015 (not less
than one year, or more than jive (5) years after the date of designation).
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.
The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting
of the City Council is posted at a place convenient to the public at the City
Hall of the city for the time required by law preceding this meeting, as
required by Chapter 551, Tx. Gov't Code; and that this meeting has been
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 9.
This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the
day of
,2010.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 26, 2010
Budeet
Requested By: Ron Bottoms
Source of Funds:
Department:
Administration
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
City Secretary Memorandum
Amount Requested:
Exhibits:
Exhibits:
City Attorney Letter
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
During Saturday's council retreat I broached the subject of employee medical insurance. During
the discussion it became apparent as to the need to determine the exact role of the Chapter In
committee members. The packet that Martha put together does a good job of providing a
historical back drop. She also asks the key question: "Did Council intend on the Chapter In
Board of Trustees to be an advisory board or Board of Trustees?" - in other words: What is the
role of the Chapter 1 n committee members?
I spoke to Susan Smith with TML this week about how we operate our committee and she
acknowledged that we can either operate the board as advisory members - without a trust
document. or we can operate the committee as a board of trustees - that does require a trust
document. The underlying problem with our current set up is that there is no document, trust
document or not, that addresses the role of the Chapter In board members.
I did ask Susan for documentation that we are operating legally and she stated that she would get
with their attorney and see what they can come up with - Clark will also be addressing this
question since he has researched the issue, including talking with the TML attorney. It sounds to
me that everyone is in agreement that we are operating legally, the question again boils down to
defining the role of the Chapter 1 n committee members.
irection on the role of the Chapter 1 n committee members.
f tiJ-~d
Date
CITY OF LA PORTE
CITY SECRETARY'S OFFICE
INTEROFFICE MEMORANDUM
April 12, 2010
"~
Mayor and City Council
Chapter 172 Board Members
Ron Bottoms, City Manager
Clark Askins, Assistant City Attorney
TO:
cc:
Heather Weger, Human Resources Manager
Susan Smith, TML
Martha A. Gillett, City Secretary, TRMC J~\W
Alternate Chapter 172 Board Member - Positi;n ~
FROM:
SUBJECT:
Chapter 172 Board of Trustees Roles and Responsibilities
On December 9, 2002 Council approved an ordinance adopting Chapter 172 of the Texas
Local Government Code (Exhibit 1).
On September 22, 2003 Council approved an ordinance appointing members to the City of
La Porte Chapter 172 Board of Trustees in Accordance with Section 172 of the Local
Government Code (Exhibit 2). This ordinance does not appoint an Advisory Board it
states Board of Trustees.
There were various other ordinances re-appointing and replacing board members as
vacancy's occurred (Exhibit 3).
Chapter 172.006 covers the Supervision and Administration of the pool (Exhibit 4).
I have the following questions/observations:
. Did Council intend on the Chapter 172 Board of Trustees to be an advisory board
or Board of Trustees? Council can set it up either way.
. What is the responsibility of the Board of Trustees? This chapter says the trustees
are to supervise the operation of the pool. What exactly does that mean?
. What is the responsibility of the third party administrator? Have the items in
section C been complied with?
. 172.007 Trustee Training - This section requires training of trustees within 180
days after the date of selection as trustee. Should a board member participate in a
meeting if they have not received training?
. 172.010 Audits - This section states the trustees of the pool shall have the fiscal
accounts and records of the risk pool audited annually by independent auditor. It
further states the trustees of the pool shall file annually with the State Board of
Insurance a copy of the audit report. Is this audited conducted with the City's
auditor's and has this report been filed? Does our third party administrator handle
this?
For several years after its creation, the Chapter 172 Board of Trustees always reviewed
and recommended to council any changes, modifications or corrections to the City
Medical Plan. Additionally, the Board of Trustees reviewed recommended changes,
modifications and corrections to the employee and retiree schedule of contributions. This
practice has been followed for the past several budget cycles.
Because the original ordinance adopting Chapter 172 never spelled out duties and
responsibilities of the Chapter 172 Board of Trustees and did not state the Board of
Trustees was an advisory board, and because the recommended trust agreement was never
developed and approved, there is now confusion over the role of the Board. Past practices
and the designation as a Board of Trustees would seem to imply that the Trustees are more
than a simple advisory body. A trust document outlining duties and responsibilities would
eliminate this confusion. It is my understanding it can be either a Board of Trustees or an
Advisory Board. It just depends on how the Council sets it up. I recommend we have
Susan Smith from TML come back and readdress this issue with the City.
Due to questions I had regarding a board of trustee's role and responsibilities and since I
had not received the required training, I wanted to do some research to understand my
new role as a board member. I visited with Heather Wegar in Human Resources. In
addition, I contacted TML and they provided me with information (Exhibit 5). In
addition, I spoke with a former board member who explained what the board did when
insurances changes were recommended to Council by the Chapter 172 Board and what she
understood her role to be. She has also had the Chapter 172 training from TML. I also
reviewed previous minutes of board meetings. I also contacted a couple of other cities
who have a Chapter 172 Board.
The last meeting of the Chapter 172 Board of Trustees was held on January 12, 2010. It
was my understanding that the Board understood the need of a possible formula to be used
during the budget process and agreed with the concept but had questions on the impact of
the cost to employees and retirees. The board requested additional information on how
much the worst case scenario would be and suggested there would need to be a cap. The
board is awaiting the information to be returned at the next meeting.
In addition, I have requested training as I have not received that as all the original board
members have been through the training.
Since Council has appointed me as an Alternate Board member, I want to ensure I
understand my role and responsibility. In addition, I don't want the City's the health fund
to be placed in jeopardy.
Attachments:
~ 'f-h ~ b ~ + t
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Appropriation
Requested By: Carol Buttler
Source of Funds:
Department:
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Exhibits:
Comparison Chart
Budgeted Item: YES NO
Exhibits:
Hi2;hli2;hts of Requirements
SUMl\1ARY & RECOMMENDATION
At the October 28, 2002, City Council meeting, Council received a presentation from
Ms. Susan Smith, Executive Director of the Texas Municipal League Intergovernmental
Employee Benefits Pool (TML-IEBP), on Chapter 172 of the Texas Local Government Code and
the anticipated impact on the City of La Porte's Employee Health Services Fund.
Council requested staff provide a comparison of the legal advantages I disadvantages of the City
of La Porte adopting Chapter 172. For Council's reference, a comparison chart is included as
Exhibit "A".
Chapter 172 would allow the <;::ity to maintain its current method of operating the Employee
Health Services Fund, but would stipulate additional legal requirements.
Staff Recommendation
The City Attorney and City staff recommend adopting Chapter 172 for statutory authority to
operate the Employee Health Services Fund.
Previously, City staff, the City Manager, the City Attorney, and a representative from the City's
health benefits consultant participated in a conference call with TML legal counsel concerning
Chapter 172 provisions and possible impact on the City's health fund.
After further consultation, the City Attorney and City staff agree that protections offered by
Chapter 172 far outweigh any disadvantages that would occur for implementation.
Action Required bv Council:
Approve an ordinance adopting Chapter 172 of the Texas Local Government Code.
Manager
)?/>~Q
Daft! I
ORDINANCE NO. 2002-~S''1 't
AN ORDINANCE ADOPTING THE PROVISIONS OF TEXAS LOCAL GOVERNMENT
CODE, CHAPTER 172, nTEXAS POLITICAL SUBDIVISIONS UNIFORM GROUP
BENEFITS PROGRAM", EFFECTIVE JANUARY 1, 2003, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The city Council of the city of La Porte hereby
adopts Chapter 172, of the Texas Local Government Code, "Texas
Political Subdivisions Uniform Group Benefits Program", which
shall, to the extent applicable, govern the City of La Porte's
medical benefits plan, effective January 1, 2003.
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
COdei 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 January 1, 2003.
PASSED AND APPROVED, this 9th day of December, 2002.
By:
~'
{Juf;tL
Marth A. Gi1~
City Secretary
AP1J~;V.
Knox W. Askins
City Attorney
I
~.
J
;)
g..
f-
a
~
~
%
c>
(') 0 '"d ~ g.~ %~ 0 tP~ en'g'~S'~ ~
o ....'6 "C g.. ~....
e,.o ~ ~ o 0 ~ ~ 0
.% ~ $. ~ ~ ~ ~.es:Q~
~e. P-o ap..p: ~
~dgo~ ~P- a'l-"\"l o 0 o Q: p..
ag~ o~ s:- 'I-"\"l~ p.. 'CJ'J '"d
~ (11 < .... ~ 0 (11 0 '6 ~
r'"~o~ t,() 0 p...... o ~ ~ p.. '"d ~ 'I-"\"l ~
o ';:1 .... ,....< g''"d ~ ~ .... o g .... ~ $. ~
t1'l . (11 o ,.... ~ '6 ~~(')~p..
~t:tl~ g.go (1I.....go ....,.;-+O>-d(1l
t,() (') o S ~ooe ....0 t,() "(fJ
o-ao- (11 ~ ~(') P'"~ -?:'O~g.~
o ....-< et......
o 0 gO' ,.... >ocrP: ~%.~~
~l;j~ e.oe. '08 .... 0
(ig.~ a- 0,9.';:t> ?g'~ .:t'atn~
aa~ "tjg- ~o e;(1I.%~
~.a p..~
~.~ t,() g<r -S' ~~5"g.
o ~ . g o a e. ~ 0
en 0 ? 0 ....
~ 0 ~ (11 ';1.
p.. g> Q:
....
~~ ~~ gi ~'CJ'J o~~ ~
a6 >0 g 0
~ ~,.q "(fJ
~p .... ~ ~ ~. ~e. ~ ~~. ~
.2~ t:::.P- ....0
g~ ~a ~ ~ o t,() ~
~;::t l;j VI
p..o S'..... ....,.% VI 0 (11 ~
o-~ .....% o ~
~ . ....(j"\ ~'"d 'I-"\"lo ?J
~ ~ ~ . o ~ t,() ..... ......<0"'
~o '(;>QQ ~% ~?J ~~..... ~
(11 .... .... ~
~ ~ VI VI
~..... o ?J ~VI VI.. 'a o g ~.
en~ . ~ tPo
'0>0 0 .... VI ~~~ "(fJ
.... O'l-"\"l ~ ......
0,9. '6 ~ ~~ ~~ r:A ~
~s p.. e. ~~ ~~tP
an ~ a %. o l;j 0
,.... Ct. e. OQ ~
o 0 sOQ ....0
? l;j ~ g;~ p.-p..
';:\' '-< d' a-:ss. >0 ~
0 ~ ~
0 ~ o .....
a r.p 0
8a ?Jd goa~~ .... 'CJ'J g~~ e. goq tP () \l:?l
()Q %.a 0'0000
e. o,.g t,() ~ e.
....t,() % _o~ ~ .... (') ~ g
p..o ~ 0 ~..... . ~"d ~~P- ~. ~ P- 0 d'oO
g-l;j ..... I ~CP
o-~ ?J ~ QQ ti1 ~~g a. g >0-;::; ~ VI 0
o~ .go g~ . I ~ ~ en .... g
j:t". 0 ~ tp o . ~ g. 0 7.
?J .. ss. o ..... 'I-"\"lO~ a g ....0
~o l;j >0 l;j ~ .... ,.g ~ ~ g. e. ~~~
0 . ~ 0 ~ ~e; ?J a ....,.
~.. ......-:. ~ g. .... ~ . "d p.. g ~~ rJ').
~~ o 0 ....
'0 00;;:::: ~~ ~ 0 ()Q ?J ~tPo
o ,....~ QQ 0- g. go
H;fJJ ()Q ~.~~ ?JP- ~'a $ ~oe.
g.g ,.... ... . 0- g'o~ct ~e;P-
t,() €cro %.'-<
- p.~ - a
~e. a . < . $'0- op..p..
\:3 0"'" ~~ ~.. ~ r-~%-
;;::::..... ... . ~ 0 H 6'
ot:r' <. ~~f' VI 0
\:3 fJJ 0 ~ 0 e.t:}~ p..~
og~ fJJ o' ~ ~I ~~ >-n<< 0 ......
0 p. ~~. o' t!1 '0" .... 0 go p'
fJJ (') 0 ....<-
po ,...- VI ~~~ gto o .... p. 0 Q: 0 ~.~
. 0 .... 0 0'.... .....
0 0 en % .>-d o-P- ,....?J 0 ~
fJJ \:3~ ~~ ::t.~ r-+)
t o . ~ a
en 'I-"\"l()Q Q:H
.... p.. ~.~ 0
9~ ~ (io~'N .... 0 ~1"I'1~ >-d ~
<- I '-/ ~ .... $'0 0
o 0 ,....<- goo ....~ %.g~ a-
~ a- e. o 0 %>- a ~
G~O ~~~b- ........~ ....
.... .... H . en 0 ~g ~~~ ~
..... 0 ...... (11 g ~ tP
-l g (11 o'S ~~~
N _ o,s. o ~.VI .... 0 p-.?J 0
\og~~ 'I-"\"l00 0-< ~~ e; e
....:;:$ VI
~ fJJ ~ '~l p.
o 0 j::t. go .... 0 ~ ~ ~
~ao gt,()';:j S'VI ~
en "d l;j >ot,() ......, %- 0
. ..... 0 a'6~ ;-!.tt
'0' 'I-"\"l ~~
g '0' 'Ct' ~ ":Z.
l;j~~ . ......
~ ...... 0 ...:./ 0 ~
o p..
.... g-
o
\
~
~
~
......
-1
~
(j
~ ~
~ ~
~ ~
,..
, .....
Q ~
...
~
0
~
t'"
~
~
~
~
......
I
)
~
,
!!.
;;;"
o
=
g..
\~
,0
l~
~~
'?
g-
O
N
~~ rfl () ~ g~ rfl S
~p"~ ~
o 0 'i'"'~ ~ p..S!?- ..grfl
..... ~ g'g~ rfl ..... ;;..... ~
~rfl p....-t tri S'~ ~\.
o '6' o~~ :.: 0 ~
t'2""" p..N as!?- i~' ';;0-
~o' ~ g>~ ~g' ~
.....0
o~ a """ 0 .~ iJ'J
ffi.' rfl a' "d ~ ~g- .....
~ .... ~~-< ~~ 0
i:!~ 0
0'll,9.. a
? 0 ~o.g r+"""
rfl 0 g. >-I
t .....
o ..... ~
rfl ~ 0
o g r'd i:!.
qg \""'I")rfl S- o
0 ~ ~ a
.a 0 ~r
.b;! g- ~ o "d ~ o'a'O"'Ii W:g.~ ~
o ..... o rflg
~oo ~ ~~ g "d rfl ~g~ tr:l
o'ig ,....;;-p.. ~
o ~ 0 ,.... ~ '0
tQ' 0 ~oa ~ 1 rfl 0';.0
~ g'~ ~~o o p''''''' o 0 ~ <
S' "d . ~~ 8arfl~ ea-g- ~
\ciQ 0 ~ s-p.. e:::: .... ~ c::
>;;;,-< o ..... ~ .... o $:.. ~
ag~ o'rfl p.. .... .., ~~g ';;0-
o ("0 . rfl 0 0
a .....~. o$?,. 'Pop.. . ?( ~
?" o' o 0 ...... ~g
g' t rfl sa ......"""0 tr:l
"d ~ 0
a ;; di::
~~'6' 0'0 ..ge:-
o ..... 0\""'1") <o~
....s ~~
::t. 0\ ~~ g- ~
~o a~
p.. .tZ~ p.. 0
~ 0 0 o .....
rfl .., rfl ~~
Y' g ~ rfl
op..
~ ~ rfl ...,
a-
.....
"1
3~ o () U;' 0 a ,.... () s'g>-rl() g~~O """r-:::-rfl(){'l
.., ... . \""'I") 'P.... g g a ~ ;:;...g ~
'P' ~ ~~ g-"d g g ~ p.. ~ b~ o~;;-<o
g::a o ..-t 0 a ~ po 0 rfl ~ ~ ~~ 0 ~
l)Q ..,~p.~~ ?'l e:... .... ~ e; ~rfl ~ ~6~\""'I")
N.a .... t/1.....
rfl~ o ,........0 ~ ..... .:t ("0 ..... a- ~ rfl ~ r
8g- ~o' ~ g-~.? 0 cnp..o~ t:f tr1 0 U;' ~ ~ "d ?'l 'Z
.... >-l 0 'P ~ .... ;So tr1
~g (ll (\l J!.rfl~e:...~ < ~ r'd g. p..g~ci'~
>-l 0 .r+oa
t/1 e:...o ~ o.....~-< c;. ~ ~ "d ("0 ,...... c:: (JQ o g .... ~ tr:l
~ o ~ 0...,......00 o~o..... ~ 0 \t...... ffi ..... g 0
~ooc::~ "'Ii . po 0 o '-< .... 'P
0 ~() ?(O(JQ gg.~~ pooo< (ll'6'~e..
?' goo' ~ .... ~ 0 "'Ii 0 a..-t-<'6
8:' .., p" ~. a ~ ~ g p.. .... "d 0 o ~c g ot:r(\l~
(\l~ ,...... rfl ~. ~'g;.~ o 0 'P t/1 0 rfl
0 a..... K b ~. ~. ~ ~ 0 g e..g-o . e.. ?! -<
0 ....0 ~rfl~o'8 3':~S'~ g.<t.o
.% ::t..., p..oe..
o rfl ("0 o\""'l")g. .... "d
("0 ,.... ..-t a' ("0 0 ~ ~ cn<"d r& ~ ~
5" ~....:l ~rfl%go ~~cn ~S("O~
N ':;!o~
a- e.. ~~ .rfl ~ 0 . gO .... p.. 0
po ~ g a'~ rfl ()~ O. '-< o g' rfl
0 ~. ...... g g a ?'l
'g . (') 0 ~g
("0 ..-t rfl rfl ..... p..
~a~b() ~~~ Q () ~
~ .... ~ rfl 0 ?'l 'P ?'l 0
..... e. ~ ~ ~ a' ~ S' a a (
o ~ ?'l .., t;' ..... .....
rfl ~.~ ~ ~ I
o .O"<P ~
rfl ~ 0" S' 0 ?'l e:-... .
a?'l~ 0 ("0
g' ~. ~ ~ s ~ ~
.... g. 'P
?-~p..~o e.o t:n 0 0
......o(')~ ~s;-O" a a
o 0 ("0 ~
() ~ ?'l t;' ?'l ..... g "d "d
~Orfl(ll sS H H
.., rfl g ~ ?:
~o~ . ?'l c
rfl~ g 'P g ~ tt. ..
...
~~ ('l (
t:T tt. (JQ rfl ("0 !
o < ?'l rfl ..... ...... ~
e..? rfl g>
S-6 "'"'
HigWights of Requirements for
Risk Pool under Chapter 172
Please consult your own legal counsel before
attempting to set up a Chapter 172 Pool
. Political Subdivision may self-fund accident, health, dental, and
long-term disability for employees/dependents/retirees
. Pool may be for single entity or multiple units through
Interlocal Agreement
. Contributions to the Pool must be maintained in a separate fund
. Must make thorough investigation of background, experience,
and financial qualifications of any Third Party Administrator or
other entity employed to administer benefits
. Must be operated by a Board of Trustees, and it is highly
recommended that a proper trust document be adopted
. Trustees must have 16 hoUrS bf training in specified areas
dealing with establishment and operation of the Pool, within
180- days of appointment
. Must either carry excess loss coverage or reinsurance, or notify
each covered person that that there is no coverage) or that it has
been cancelled -
. Must invest according to the Public Funds Investment Act or the
Texas Trust Code
. Must have annual fm-a;ncial audit by CP A and file audit with
Texas Department of Insurance (TDI)
. Trustees must declare insolvency if Pool is unable to pay claims
within 60 days of verification
· Special restrictions placed on counties
. Pool coverage is not insurance and Pool is not subject to TDI
regulation (entities operating outside of Chapter 172 may not
enjoy this exemption)
1lttn ~ ",-:5fI ~ad CatA or ,
Muir~ M03-reJ . / !fi}):,r
:-{(I)/)/\) - J UJ
A~ainst Abstain ((l5S e I/.,t.
'-[,(~Jt 1ilJD JJ
(P{(\KU/-S
City Council Meeting Date
VOTE CHECK LIST
2,'0.07
{)
Agenda Item Number
Motion by
Second by
Motion Amended by
Second by
Further Motion Amended by
Second By
New Motion by
Second to New Motion by
For
Norman Malone
Peter Griffiths ......
Barry Beasley
Mike Mosteit
Chuck Engelken
Howard Ebuw
James Warren
Charlie Young
Bruce Meismer
. Motion carried
Defeated
S:\CSOShare\COUNClL INFO\VOTE CHECK LIST .doc:
G .bo&uJu &it-
8 en) - Je:; fJ
(}.ObJ - J(yO D
~OOd'- d-le 0 I
-rJ-e rAqxru',~~jJr
'/ I , i()flr
~b~ \f\~ ~/
-+ ~/2tl -
frft)
. Ilf~ S
4(f-f,f ifJD ,0
b .Mp fo,f//
Tabled
Eih~ b;{ L-
ORDINANCE NO. 03- ~u~j
AN ORDINANCE APPOINTING MEMBERS TO THE CITY OF LA PORTE CHAPTER 172
BOARD OF TRUSTEES IN ACCORDANCE WITH SECTION 172 OF THE LOCAL GOVT
CODE; 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 of the City of La Porte hereby appoints the following
named persons, all of whom are residents of the City of La Porte, and no more than three of
whom are elected city officials or city employees, to serve as members of the City of La Porte
Chapter 172 Board of Trustees, for the term beginning on the effective date hereof. The two
positions filled by private citizens shall expire on September 30th of the year indicated, or until
their successors shall have been duly appointed and qualified. City of La Porte Staff serving
in the City Staff positions shall serve as long as employed by City.
Citizen Position 1
Patricia Rothemel
2005
Citizen Position 2
Kimberly Meismer
2006
Finqnce Representative
Michael Dolby
Human Resources Representative
AI Freeman
City Attorney
John D. Armstronq
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 thereof, 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.
ORDINANCE NO. 03- ~(J'&3J
PAGE 2
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~ day of ~ti1"IDe( , 2003.
CITY OF LA PORTE
BY:/~~~
( Norman . Malone
Mayor
ATTEST:
~M- a. 114m
Mart a A. Gillett I
City Secretary
f~n~ b,'t3
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 4/12/04
Appropriation
Requested By: Sherri Sllmpc;on
:5!;~
Source of Funds:
Department: Human Reli'Qurcf'1i'
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
Consider appointing Sherri Sampson as a Staff member of the City of La Porte Chapter 172 Board of Trustees.
Consider removing Al Freeman as a Staff member of the City of La Porte Chapter 172 Board of Trustees, as Mr.
Freeman is n? longer employed with the City of La Porte.
Action Required bv Council:
Approved for Citv Council A!!enda
~MJ:;;
1.7-0/
Date
ORDINANCE NO. 03-2663-A
AN ORDINANCE APPOINTING MEMBERS TO THE CITY OF LA PORTE CHAPTER 172
BOARD OF TRUSTEES IN ACCORDANCE WITH SECTION 172 OF THE LOCAL GOVT
CODE; 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 of the City of La Porte hereby appoints the following
named persons, all of whom are residents of the City of La Porte, and no more than three of
whom are elected city officials or city employees, to serve as members of the City of La Porte
Chapter 172 Board of Trustees, for the term beginning on the effective date hereof. The two
positions filled by private citizens shall expire on September 30th of the year indicated, or until
their successors shall have been duly appointed and qualified. City of La Porte Staff serving
in the City Staff positions shall serve as long as employed by City.
Citizen Position 1
Patricia Rothemel
2005
Citizen Position 2
Kimberly Meismer
2006
Finance Representative
Michael Dolby
Human Resources Representative
Sherri Sampson
City Attorney
John D. Armstronq
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 thereof, 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.
ORDINANCE NO. 03-2663-A
PAGE 2
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 (12 CI~ay of /1pil I
,2004.
CITY OF LA PORTE
~
Peter Griffith.)
Mayor ProTem
ATTEST:
,
V/tiUu1C~tkv ~
Martha A. Gillett
City Secretary
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 2/14/2005
Appropriation
Requested By: Sherri Samp~nn
Source of Funds:
Department: Humllll Re~ourcei'
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance 03-2663
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Consider re-appointing Patricia Rothermel as a citizen participant to the Chapter 172 Employee Retiree Insurance
and Benefits Committee for a term ending in 2007.
Consider appointing Buddy Jacobs as a Retiree participant to the Chapter 172 Employee Retiree Insurance and
Benefits Committee with a term ending in 2008.
Consider appointing Karen Beerman as an active employee participant to the Chapter 172 Employee Retiree
Insurance and Benefits Committee.
Action Required bv Council:
Consider approving appointments to the Chapter 172 Employee Retiree Insurance and Benefits Committee..
cJ-2 -05
Date
ORDINANCE NO. 2004-2782-D
AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BO.AR.l:>S, COMMISSIONS,
AND COMMITTEES, OF THE CITY OF LA PORTE, PROVIDING A SEVERABILITY
CLAUSE, CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW 1 AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The city Council of the city of La Porte hereby
makes the following appointments to the Airport Advisory Board for
the City of La Porte Municipal Airport I for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
position 1. - Debra Ribn
* position 2. - Nick Hooke
position 3. - Hector Villarreal
Position 4. - Tucker Grant
* position 5. - Steve Gillett
Position 6. - Eliminated by City Council
on 7/13/98 by Ord. 98-2265
2007
2007
2006
2006
2007
FAA Representative
william Gray
No Term
Airline Representative -
Dan Myhaver
No Term
Section 2. The City council of the City of La Porte hereby makes
the following appointments to the Board of Directors of the City
of La Porte Reinvestment Zone Number One, for terms expiring on
August 31st of the year indicated, or until their successors shall ~
have been duly appointed and qualified:
position 1
Peggy Antone
Dave Turnquist
2005
* Position 2
2006
position 3
Alton Porter (Chairman)
2005
* position 4
Horace Leopard
2006
position 5 Doug Martin 2005
* position 6 J.J. Meza 2006
* position 8 Chester Pool 2006
The City Council of the City of La Porte hereby ratifies the
following appointments by La Porte Independent School District and
Harris County:
position 7 Mollie Helmlinger (LPISD) 2005
position 9 Lindsay R. Pfeiffer (Harris County) 2005
Section 3. The city council of the City of La Porte hereby
makes the following appointments to the Chapter 172 Employee
Retiree Insurance and Benefi ts Commi ttee I for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Citizen position 1
citizen position 2
Retiree Participant -
Employee Participant-
Finance Staff
H.R. Staff
Legal Staff
Section 4. The City Council of the City of La Porte hereby
makes the following appointments to the Fiscal Affairs Committee,
Patricia Rothermel 2007
Kimberly Meismer 2006
Buddy Jacobs 2008
Karen Beerman No Term
Michael Dolby No Term
Sherri Davis-Sampson No Term
Clark T. Askins No Term
without term, or until their successors shall have been duly
appointed and qualified:
Date Appointed
Chairman Chuck Engelken 1998
Committee Member - Barry Beasley 2004
2
Committee Member - Howard Ebow 1998
Alternate Member - Louis Rigby 2004
Alternate Member - Tommy Moser 2004
section 5. The city Council of the city of La Porte hereby
makes the following appointments to the Fire Code Review Committee
of the city of La Porte, for terms expiring on August 31st of the
year indicated, or until their successors shall have been duly
appointed and qualified:
District 1 Tim Bird 2005
Richard Browder 2006
Paul Hickenbottom 2006
Floyd Craft 2006
Jim Bridge 2006
Tom Hayes 2005
Bryan Moore 2006
Tom Handy 2005
Lynn Green 2006
The City Council of the City of La Porte 4ereby
District 2
District 3
District 4
District 5
District 6
At Large-A
At Large-B
Mayor
section 6.
makes the following appointments to the La Porte Area Water
Authority, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
position 1 George Robert Roy 2005
position 2 Dennis H. steger 2005
position 3 steve Valerius 2005
* position 4 Chester Pool 2006
* position 5 Paul Berner 2006
3
Section 7. The City Council of the city of La Porte hereby
appoints the following named persons, all of whom are residents of
the City of La Porte, and no more than four of whom are elected
city officials or city employees, to serve as directors of the
city of La Porte Development Corporation without compensation, but
with reimbursement for actual expenses, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Chuck Engelken, Jr. 2005
* Mike Clausen 2006
* Tommy Moser 2005
* Bill Love 2006
Edward Matuszak 2005
* Pat Muston 2006
Deborah Johnson 2005
section 8. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Health Authority,
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Health Authority Abdul R. Moosa, M.D. 2005
Alternate Robert D. Johnston, M.D. 2005
Medical Advisor/EMS Oscar Boultinghouse Contract
Section 9. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Redevelopment
Authority, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
4
position 1 Peggy Antone 2005
* position 2 Dave Turnquis t 2006
position 3 Alton Porter, Chairman 2005
* Positio~ 4 Horace Leopard 2006
position 5 Douglas Martin 2005
* position 6 J.J. Meza 2006
position 7 Mollie Helmlinger 2005
* position 8 Chester Pool 2006
position 9 Lindsay R. Pfeiffer 2005
Section 10. The city Council of the City of La Porte hereby
makes the following appointments to the Main street District
Committee, an \\ad hoc" committee, without term, or until their
have been duly appointed and qualified:
Bill Manning, Chairman No Term
Robert Schlenk, Vice Chairman No Term
successors shall
position 1
position 2
position 3
position 4
position 5
position 6
position 7
position 8
position 9
Section 11.
Deborah Johnson No Term
Douglas Martin No Term
vicki Campise No Term
Paul Berner No Term
Pat Muston No Term
Gloria Lair No Term
Brenda Brown No Term
The city Council of the city of La Porte hereby
makes the following appointments to the Main street Advisory
Board, a new Board required by the Texas Historical Commission,
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
5
position 1 Jan Lawler 2005
position 2 2005
position 3 2005
position 4 2006
position 5 2006
position 6 2006
position 7 2006
position 8 2007
position 9 2007
position 10 2007
position 11 2007
There are also three (3 ) Ex Officio members of this Board:
the city of La Porte's Main Street Coordinator
the City Manager of the City of La Porte, or her
designee
the Manager of the La Porte-Bayshore Chamber of
Commerce
Section 12. The city Council of the City of La Porte hereby
makes the following appointments to the City of La Porte Planning
and Zoning Commission, for terms expiring on August 31st of the
year indicated, or until their successors shall have been duly
appointed and qualified:
* Chairman
1
2
3
District 1
District 2
District 3
* District 4
Pat Muston 2006
Doretta Finch 2005
Nick Barrera 2006
Kirby Linscornbe, Jr. 2006
Dottie Kaminiski 2007
6
* District 5
* District 6
* Alternate 1
* Alternate 2
Paul Berner
Claude Meharg
Hal Lawler
Les Bird
2007
2005
2007
2007
section 13. The city Council of the City of La Porte hereby
makes the following appointments to the Southeast Texas Housing
Finance Corporation Board of Directors, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Director patricia Muston 2006
Section 14. The City Council of the City of La Porte hereby
makes the following appointments to the Youth Advisory Council,
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
position 1 Shelby Barnett 2005
position 2 Hiba Haroon 2005
position 3 Chaise J. Merritt 2005
position 4 Laura J. Low 2005
position 5 Amanda Gass 2005
position 6 Brandy C. Hickey 2005
position 7 Clemea J. Donaldson 2005
position 8 Brandon C. Lunsford 2005
position 9 pierre N. castillo 2005
position 10 LaSadra M. Hillman 2005
position 11 Margo R. Curette 2005
position 12 Marc R. Vanderbrink 2005
Position 13 Carol Parmer 2005
7
position 14 Mia Parisi 2005
position 15 Taylor Ryan Rowan 2005
position 16 Ashley N. Weddle 2005
Section 15. The City Council of the City of La Porte hereby
makes the following appointments to the Zoning Board of
Adjustment, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
position 1 Sidney Grant 2005
Bob Capen 2005
Rod Rothermel 2005
Charles Schoppe 2005
George (Bill) W. Maltsberger 2005
Lawrence McNeal 2006
Gilbert Montemayor 2006
The City Council of the city of La Porte hereby
appoints the following named persons, all of whom are resident
electors of the City of La Porte or non-resident individuals
owning or operating a business within the City of La Porte, duly
verified by proof of an applicable tax statement or utility
account for such business, and each of whom the City Council deems
competent to serve on such Board by virtue of their experience and
training in matters pertaining to building construction, and none
of whom are employed by the City of La Porte, to serve as members
of the Building Codes Appeals Board for terms expiring on August
31st of the year indicated, or until their successors shall have
been duly appointed and qualified:
position 2
position 3
position 4
position 5
* Alternate 1
* Alternate 2
Section 16.
8
* position 1 Tom Campbell 2007
* position 2 Joe Gold 2007
* position 3 Francisco Velez 2007
* position 4 Ron Holt 2007
* position 5 Ken Schlather 2007
* position 6 John Elfstrom 2007
* position 7 Bruce Compton 2007
Section 17. The City Council of the City of La Porte hereby
makes the following appointment to the Fire Fighters Pension Board
of Trustees, to serve without term or until his successor shall
have been duly appointed and qualified:
City Council Representative John Joerns No Term
Section ~B. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this
ordinance shall, for any reasons, be held invalid, such invalidity
shall not affect the remaining portions of this ordinance, and it
is hereby declared to be the intention of this City Council to
have passed each section, sentence, phrase or clause, or part
thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared
invalid.
Section ~9. All ordinances or parts of ordinances in
conflict herewith are repealed to the extent of such conflict
only.
Section 20. 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
9
was posted at a place convenient to the public at the City Hall of
the city for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code i and that this meeting has been open to the public as
required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon.
The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 21. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of February, 2005.
By:
'r~.: Y .0 OFF I LA ~TE
~L~\?~
Alton E. Porter
Mayor
ATTEST:
YIt tU#fJ{ tUALv ~
Martha A. Gillett
city Secretary
APPROVED:
~~n~
Assistant City Attorney
10
Revised 2/14/2005
POSITION
Kimberly Meismer
Patricia Rothermel
Buddy Jacobs
Karen Beerman
Michael Dolby
Sherri Sampson
Clark Askins
CHAPTER 172 BOARD OF TRUSTEES
REPRESENTATIVE
TERM EXPIRATION
2006
2007
2008
f~h; bl'i t!-
PUBLIC OFFIGERB:,ANn'EMRLOYEES
(c) If a local public official is required;to~file and
does file an affidavit under Subsection (a), the 'Official
is not required to abstain from furtherparticip,a,tion in
the matter requiring the.:iffi~aVifM a majority.' of tl1~
members of the governmental entitY of which the
official is a member is composed {)f persons who are
likewise required to file and who' 'do. file';affidavits .' of
similar interests on the same official actiop.,
Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 1,~ 4O(a), eff.Aug. 28,1989.
~ 171.005. Voting ~~.;EJudget
(a) The governing'.body'~;of a govertrinental 'erltlty
shall take a separate vote on any 'budget item: speCifi-
cally dedicated to a contraCt with a business~entityin
which a member of the governing body has a substan-
tial interest. ....
(b) Except as provided by-SectiOri'-171.004.{c); tfie
affected member'may not participate'ill that separate
vote. The member may vote on.afinaI.budget if:
(1) the member has complied'witii this chapter;
and '.li.....
(2) the matter in which' themenibei is' cbricetrled
..has been resolved. c..' ,
Acts 1987, 70th Leg., ch.149, ~. ~,.eff.Sept.\'i9s?:Ren~V.
bered from V:.T.C~; ~oca1 Goveqrnent G$?d~ ~ 171.006!'11d,
amended by Acts 1989, 71st Leg., Ch. I, ~ 40(a),eff. Aug. ~,
1989. I . ,c
fI71.006. Effect of ViolatioIl.iof Cnapter f." .,.
"The finding by a court of a'.violatibn,'under this
chapter, does not render ail. aCtibIiof. the g-overnirlg
body voidable unless thEflIleasufe that was the subject
otan action involving-a. eotrllictofinterest woUld' not;
have passed the governirig'bodywithout the vote of
the person ~hoviolafu~~e chapte:.. ',' ., ":.
Acts 1987, 70th Leg.,Ch.;l49,~i, elf. Sept. 1,'1987. Reniim. ,
bered from V.T.CA, Local Government Code ~ 171.008'oy
Asts 1~89! 71st Leg"cl1' 1.~) 40(a), eff. Aug. 281' 19W
~ '171.007. COllUll.on 'Law'Preerrlptedr Gumull1tive
. .. of MuIiiCipalPfuVisions . . .
(a) This chapter preempts the cJ~6Il"iaw ol~on-
ilict . of interests. as applied to local public officials.
(b) This c,~ap'ki-: ik ~U1ati~~ qf ~~cip4,ch,~~ i
provisions and municipal ordinances defining .and pro:.
hibiting conflicts of interests. . .; ; u.
AmeIi~ed by'A~ts;1989~ 71:StLeg., ch. 1;~ 4~(a),Eiff. Augi 28,
1989.. '.' . ",,".' ..",. ".: 'J
~ 171.008.
RellUmbered.~ .y.T.CA. .~~. GOve~-
htent Code: ~ '171.006 'I:)Y~ Acts 1989,
7;1.st Leg., ch. 1, ~ ' 4O(a),'ej:f.. ;Aug~ 28,
1989
~171.009. Service on Board of Corporation for No
C~~p~nsati~.~.. .r,". ..' . .'. :
It shall be lawful for"a 'fp~ .publicofficia)~ to':sme
as "a member af..the .boarrlof, directors... of private;
n6nprofi~ corporations' when stich: 'officiB.Is f'eceive np
cOIIlpe~tion or other remunerlltionfr()m the . non-
p:z:opt'~~iporation orother nOJ:lprdfii: eiitity. '. ;,' i
Added:Lby Acts1989;71st Leg., ch, 476;!~ 2,eff;;Aug.'~,
,,1~~;.y:\,..c;,:.'; '.
~. 'In.OlO. Practice of Law ., "'.'
(il) For purposes of this chapter, a COl'lnty judgeo~
countY commissioner engaged in f!1~:Rti'i.ate;:l1r,affice;,
of law has a substantial interest in a busmess entity if
the' official has entered a court'.appearance.or'sighed
c.9~ p1ea.?IDgsin a:tp~~J~lll.~g tq :~~~;,p~ipess
eW1;r,:,-". J!r;..,~ .' ..... .. ",";..', > .
(b) A Ctmn.tyUupge6:r: cOUntyconwPs.s~on~ thae
has a substantial interest in a busjrie~sentity as
dfi:S&IM"d'by Siib'secli6h'i;(af~tiSfdth11.'J )~ththis
~~p~(" :,:...;;::''':!i;J:,~'..i~,;U "'C);"'~~~~:~:,,'~L"':i".. .
~"(,~)"'4j)ldg:e ~{I3,Colli1ti~!!(mal.~()~ty,~o~'r,nay,_n~t
enter Ii court appearance or sign court p1ea<lings. ~ ;an
attorney, in any matter before:
--;;-:>';J"r<t:~' ,'~~;f-;'r-,"LJ;r: J:'~.::';"i _'_'j,.: ~'.;. ~~'.'
(1) the .C~llltt"OV~r~~htheju.dge..presidep; or,
J. (2). ll;I1Y~ourtU;' ~,,~~~pxe;':1fNch, thejJ!gge's
court exercises appellatejurisdicqQi!.")';":i'" .'
j~~~Xf:~m~k~~~~~~~~~~;j#~:~~.;~=
lo~ted:.w!.lJ.e,;coun.ty wh~e'1tj::% C();Iplty. jHdge, , or
t,j,... ::-r.,.... ,-. _ .':c, ro,,'_, '.' l..,., I.~, ~.-.:.~J..' ...~.;Jh..,_.j""" ..\~
COlDllllSSloner serves;.... ;,;.; ';,;;...,....'. ,;;':":U
A~qedJ)y Acts~L 7Bti,J.,I,.~~.,..~;~7,J..2JI.gff. E?ept. 1,
2000;'.A"cts 2003,-78t:h Leti-Ch. 1266'. ~ . 3; eff. June 20,'2003.
Bt'&added bY:xcts2003, 7#.P;~:, ili~-'~"21.,eff: SePi:,i.;~3.
the text reads, "county cornmlSBlollerwho...".'". ),j. '.L,
~.,,:',.:"3i}:1fJ;', ~i;' }'_~,"'/\.". _ .3':
_.CBAl?n;Rt72. .., TE4A$ PQJ.ITIGAl"
.. r, &QBDJYISION$)R@'Q~M\G:RQp:r
q,' . BEN:EF,rrs>PIW~J.4W ,.
i _.
. ,~, I, '.J
Section: ..,:;
1i7.2.00L,. ShortTitlEl.
l;Z~.Q02.':'~~ ,:. ~
11l!.063':,'nem\itiO'riS':' .
172;tl04pgenHitiContracl'.!~i; -"
172.005}:sRiSk~P.ootn..' '. ~~r"-.i'
i'"r
-:.~~-
.: :.~ ~. :". :-;1
,",""
"-'",
f\"'c'<j
403;-
I;
. ,LOCAL GOYERNMENTCODE'
Section" " ,'" "
172,006. Superyjsion aI)d Administrition, of,Pool.
172.007,'Tfus~ Trafuing. ' .'-, , ,;l,
172.008,"'Ex~ess Loss Coverage and'ReIDsurance.
172.009. Investments. I '.
172.010. Audits.
172.011. Insolv:en~,.
172.012. Limitation of Risk Pools. . , '"
172.013. PaYIIlent of 9ontribu#ons and' Premiums.,
172.014. Applicatiori bfCertain naWs; ", " "
172.015; Subrogation; ~Adeqnate RecoverY;. ,Fe' ; .'\','-
172.016;: StatQs ofAffi]iated &irviceCo~tra40:r.s. J,',' j
~ 172.001. . Short; ritie"
.. .", --
. .
This chapter may be cited' as the T~ P~litibaL
Subdivision Employees Uniform Group Benefits Ace
Added by Acts 1~89, 71st Leg;,ch.' 1061,. ~" 1, eff. :Sept. n,;:
1989.
~ " '172;002. .: 'j>ul1>o~e
, l -}',.-:.l'
r,' :-Tr<~ .
The purpose.oHhis chapteristo;;" ' ' .
(ij pr~\Tiae\riifdrtDity iri'B~nefitsinc1udihg M#~
dent, health, dental, and long-term disability cover-
age to employees of political subdivIsiohs1iP, , (i . .
(2)', .EJnableJ~e 'P9UtiCal,.~JkW~i()~. tq)i~f,#l~:
reta.iiJ. competent ,arid able ,employees by,.prQn9W~;
them with accident andhealth benefits coveragesflt
'least"E!qmil to>those comm,ortIy pro~deifim' pri{rate
iriduStrY;'" . :..,.. )'01,' ~ '!"
. _! (i,~'" -; ;.,. if);}
(3) foster,. prom()te, and encourage emploYI!1ent
by and service :ti;L'poIltiC3i.'stil:idiVislOHSaS a Career
prOfession for persons' ofihigh staridardsof, compe-
tence and ability;' " . "'-"j
. , [' (4) rE!coghlz~ <'atiaiprotectthe.U'po.1iticaY sub~~
. s{ons'uM1;'tfuim't'in.' eachpermaneriteniploy,ee'pY,
. pronibtini 1 :ahif preseWfug ecorttinnc c, i~ectiri~. '. :ilia: .
.' good health among those employees; .' ;,
,(5) f~~t~r' ~hd.a~ve10p~Ri~h!)tan4af~ "9f~mplp~T;
er~mployee relaqon~hips .p~tween ,,~aph p(jlip.c;U
,', ." ......." ..1 .... ' ..
subdivision and its employees;,..... . F
(6) recognize the service to political subdivisions
by elebted officials and, eihployees<o(~ffimlted ser-
vice contraCtors' by; .~Xt'ericlliig' to: ;them l th~ same
accident and healtiFbenetitScbverages as arepro-
vided for political subdivision employees; and '.' . ,
(7) recognize the ~ong and faithfUIsel:vice,anCl
dedication of employees of political,sUPdi'1&iorui:~
. . . . , ',"':!l' .,..... -" ,_~'.'...-I. . _.' _1_'_"" ,
to encourage them to reIll.~: ill ',s~rvt~:e : of,;~Pe.}f
respective political subdivisions untllt.eligible for(r.e~
I',
; tirement by providirig health benefits to those em-
ployees! , . ,
~. .
.:. . _.'_':,' _..... :.,.'- .--r'" _"" .. :," , .:
Added by Acts 1989, 71~t Leg., ch: 1067, ~ 1" eff. Sept. ,I,
1989. Amended by Acts 2001/17& Leg.,ch>'491,~' 1, eff.
Sept. 1, 2001. ;'";-i,' , ,
~, 172~o.03, f, Definitioris'
L.:.
.i'..i.1,-;
"...i-.
In this chapter:
'.--(', ~ . \ ; ". -'
. (1) "Affiliated service contractor" means an. ,or-
ganization qualified for exemption, under Section
· 501(c), Internal Revenue"Code (26U:S.C. Se@bn:
@*)), flS.' amended, tqat prp,yides, governmental, or
q~i~governmental. services on . beh.l!J.tof a political,
. ~u!:ldivis~on .and derives more than Z5 'Per~,ent. of i~:
gross rev~rlUes Jro:m. ,grants or ~<fu1g ~O~IL ~el
political subdivision~ )1;i:,
_' (2}"Y -~---- '- .J It
· . ' L1~' ..'~.
(3)"Pollticill subdivision" meai1Sacotinty ;m~,
. i~ty, !)p,ecial disJ;rict,.schoql distri~t,juniqlj cQYeg~
district, housirig authonty, or other political sul(ld}Hi:"
siol1 of this state qr: ~YOth~r,sta~~ . _ ..,.:'; O~
Added by Acts 1989, 71st Leg.,ch. 1067.:~ '1, eff;..sept;,ri~'
1~~~ Ame,ndedby, A,cts 2001, 77th ~eg.,~. 4~1, li~ . ,-
SE!pt. 1,2001; Ac;ts 2005, 79th Leg.rem. 1094, ~ ~, ~;
1, '2005; Acts 2009;81st +eg-.~ '&.1363, ~fi.eff';~$
2009. " .... . ....'. ct<
~ 172.004. ,Be~efitsC9ntract ;,~j~r
(a) A political..;subdivision or a group':d:~L.p
subdivisiOl,lS pursuant; to';fhe Interloca;l U ~~ .
Act",(Chapter. 79l;~'Goverrunent cCode).;:"
through, a risk, pool .inay;proyide _.h~aIth .:',
coverage for p,QliticalllubdiyisiCim bf6.cials.. ','
and retirees or any class of:. of.ficiaIs,ie~'
reprees, and emllloyees, of .ltff,i,li~tl;d ~em,.
tors,;.: .1'.
. (b) The' types . of co~er~~ that~~y,cc
iriylud~ grgup he~;ljlldacci<i~nt, .gIJJl;1,11), .,'
dental death an<l.<UsIlJ.eIp.ber,tp.ent,~d.ihC)lijJ'
cal, and medical. expenstf. .
\f';:
(c) A political subdivision $0 mayY
thecoyer:ag~q.ependents, of . the pffi
aI,1d. , retirees arid of. ,employees . Cif:;'IT
contractors.g']
(d) A. pool's ,poard of truste~!'l;\paYJ~
for the trustees and the pool's staff, me .
404;
PUBLIC OFFICERS AND EMPLOYEES
.. ;: whom the pool has contracted to perform staff
.i:,ctions, on approval of the members of the pool.
. L~ .
iAaded. by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1,
1989'; '. Amended by Acts 2001, 77th Leg., ch. 491, ~ 3, eff.
~pll, 200l.
i: V.T.GA, GQvernroent Code ~ 791.001 et seq.
..\.
~.O:'172.005. Risk Pool
.!Ja) A political subdivision may establish a risk pool
{&'tJmay, enter into an inte:rlocal agreement under The
Iriterlocal Cooperation Act (Chapter 791/ Government
Code) With other political subdivisions to establish a
risk pool' to provide health and accident coverage for
officials, employees, retirees, employees of affiliated
service contractors, and their dependents.
. .(b) Contributions paid by a political subdivision's
officials, employees,' and retirees and employees of
affiliated service contractors for coverage shall be
.deposited to the credit of the risk pool's fund and used
as' provided by rules of the risk pool.
(c) A pool by contract may purchase insurance cov-
erage for persons who are covered by the pool from
an irisurance company authorized to do business in
thiS state.
(d) A pool or its agents may not represent to
persons who apply for coverage or who are covered by
th~ pool that the coverage being provided is insurance
unless the coverage is by contract purchased from an
insurance. company authorized to do business in this
state.
(e) A risk pool organized under this section is a
legal entity that may contract with an insurer licensed
to 'do business in Texas to assume any excess of loss of
a benefit contract authorized under Section 172.004.
Notwithstanding any provision of the Insurance Code
or any other law governing insurance in this state, an
insurer authorized to do business in Texas may as-
sume the excess of loss of the benefit contract under'
Section 172.004.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 611, ~ 1, eff.
Aug. 26, 1991; Acts 2001, 77th Leg., ch. 491, ~ 4, eff. Sept. 1,
200l.
1 V.T.CA, GQvernroent Code ~ 791.001 et seq.
~ 172.006. Supervision and Administration of Pool
(a) A political subdivision or a group of political
subdivisions that create a risk pool shall select trus-
tees to supervise the operation of the pool.
~ 172.007
(b) A pool may be administered by a staff employed
by the pool, an entity created by the political subdivi-
sion or group of political subdivisions participating in
the pool, a staff or entity that administers another
pool established under this chapter, or a third party
administrator.
(c) Before entering into a contract with a person to
be a third party administrator of the pool, the trustees
shall require that person to submit information neces-
sary for the trustees to evaluate the background,
experience, and financial qualifications and solvency of
that person. The information submitted by a prospec-
tive administrator other than an insurance company
must disclose:
(1) any ownership interest that the prospective
administrator has in an insurance company, group
hospital service corporation, health maintenance or-
ganization, or other provider of health care indemni-
ty; and
(2) any commission or other benefit that the pro-
spective administrator will receive for purchasing
services or coverage for the pool.
(d) An attorney employed by a third party adminis-
trator, provider of excess loss coverage, or reinsurer
may not be simultaneously employed by the pool
unless, before the attorney is employed by the pool,
the third party administrator, provider of excess loss
coverage, reinsurer, or attorney discloses to the pool's
board of trustees that the attorney is employed by the
administrator, provider, or reinsurer.
(e) If the state enacts a law providing for the
licensing or registration of third party administrators,
a risk pool in,' contracting for administrative services
may only contract for services of a third party admin-
istrator licensed or registered under that law. This
subsection does not apply to a nonprofit corporation
that is acting solely on behalf of the risk pool or other
pools or administrative agencies established under
The Interlocal Cooperation Act (Article 4413(32c),
Vernon's Texas Civil Statutes).
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1,
1989. Amended by Acts 1999, 76th Leg., ch. 988, 9 I, eff.
Sept. 1, 1999.
405
~ 172.007
LOCAL GOVERNMENT CODE
(1) law governing the establishment and opera-
tion of risk pools by political subdivisions;
(2) principles of self-insurance and risk pools,
including actuarial and underwriting principles and
investment principles;
(3) principles relating to reading and understand-
ing financial statements; and
(4) the general fiduciary duties of trustees.
(b) Not later than the 180th day after the date of
selection as trustee, or after the effective date of this
chapter, whichever is the later da~, a trustee must
complete the training required by Subsection (a).
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eft. Sept. 1,
1989.
~ 172.008. Excess Loss Coverage and Reinsurance
(a) A risk pool may purchase excess loss coverage
or reinsurance to insure a pool against financial losses
that the pool determines might place the solvency of
the pool in financial jeopardy.
(b) If a risk pool does not purchase excess loss
coverage or reinsurance, the administrator shall give
written notice to each person who applies for coverage
from the pool that the pool does not maintain excess
loss coverage or reinsurance. The administrator shall
provide the notice before coverage is issued to an
applicant and shall give the applicant the opportunity
to decline the coverage.
(c) If a risk pool cancels or does not renew excess
loss coverage or reinsurance, the administrator shall
give notice to each person covered by the pool that the
coverage has been canceled or has not been renewed
and shall give each an opportunity to cancel his cover-
age. The administrator must give the notice and
opportunity to cancel coverage not later than the 30th
day after the date on which the pool cancels or does
not renew the excess loss coverage or reinsurance.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eft. Sept. 1,
1989.
~ 172.009. Investments
(a) The trustees of a risk pool shall invest the pool's
money in accordance with Subchapter A, Chapter
2256, Government Code to the extent that law can be
made applicable.
(b) In addition to investments authorized under
Subchapter A, Chapter 2256,1 Government Code, the
trustees of a pool may invest the pool's money in any
investment authorized by the Texas Trust Code (Sub-
title B, Title 9, Property Code).z
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eft. Sept. 1,
1989. Amended by Acts 1995, 74th Leg., ch. 76, ~ 5.95(11),
eft. Sept. 1, 1995.
1 V.T.GA., Government Code 9 2256.001 et seq.
Z V.T.GA, Property Code, 9 111.001 et seq.
~ 172.010. Audits
(a) The trustees of the pool shall have the fiscal
accounts and records of the risk pool audited annuany
by an independent auditor.
(b) The person who performs the audit must be a
certified public accountant or public accountant li-
censed by the Texas State Board of Public Accountan-
cy.
(c) The independent audit shall cover a pool's fiscal
year.
(d) The trustees of the pool shall file annually with
the State Board of Insurance a copy of the audit
report. The State Board of Insurance shall maintain
the copies of the audit report;> at a convenient location
and shall make the copies of the audit reports avail-
able for public inspection during regular. business
hours. A person may request the State Board of
Insurance to provide copies of any item included in an
audit report on payment of the cost of providing the
copies. The State Board of Insurance may adopt
rules governing the time and manner for filing audit
reports under this subsection and the procedutesfor
filing, inspecting, and obtaining copies of audit re-
ports.
Added by Acts 1989, 71st Leg., eh. 1067, ~ 1, eft. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 599, ~ 15, eff.
Sept. 1, 1991. .
~ 172.011. Insolvency
(a) The trustees of a risk pool shall declare the pool.
insolvent if the trustees determine that the pool is
unable to pay valid claims within 60 days after the
date the claims are verified.
(b) If a pool is declared insolvent by the truSte~,
the pool shall cease operation on the day of the.
declaration, and the trustees shall provide for the
disposition of the pool's assets, debts, obligations,
losses, and other liabilities.
(c) A person who.. has coverage under a risk pool
may institute proceedings to have the pool declared
insolvent by petitioning a district court in Travis
County to declare the pool insolvent. If the district
406
PUBLIC OFFICERS AND EMPLOYEES
~ 172.014
court, after notice and hearing, determines that the
pool is insolvent, the court shall appoint a receiver to
take charge of and dispose of the pool's assets, debts,
obligations, losses, and other liabilities. Except as
provided by this chapter, a receivership under this
section is governed by Chapter 64,1 Civil Practice and
Remedies Code, to the extent that chapter can be
made applicable.
(d) After a receiver takes charge of the assets and
determines outstanding debts, obligations, losses,. and
other liabilities, the receiver shall give notice of his
determination to any person, including a political sub-
division that is a participant in the pool.
(e) If the receiver determines that money is owed
to the pool by a political subdivision that is a partici-
pant in the pool, the political subdivision may protest
the determination by filing with the court a protest
statement not later than the 15th day after the date
the notice of the receiver's determination is mailed.
(1) If a court in which a protest statement is filed
determines after a hearing that an amount is owed by
the political subdivision filing the protest statement,
the political subdivision shall pay that amount to the
receiver not later than the 30th day after the date on
which the court's determination becomes final. A
determination by a court on a protest statement is
interlocutory.
(g) If a protest statement is not filed with the court,
the political subdivision shall pay to the receiver the
amount determined to be owed not later than the 30th
day after the date on which the receiver mails the
notice under Subsection (d).
(h) The court that appoints a receiver may direct
that a reasonable fee be paid to the receiver as
compensation for performance of responsibilities and
duties and may assess each political subdivision that is
a participant in the pool under the receiver's control
an amount necessary to compensate the receiver.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1,
1989.
1 V.T.CA, Civil Practice & Remedies Code ~ 64.0(l1 et seq.
~ 172.012. Limitation of Risk Pools
(a) Except as provided by Subsection (b), a county
may not provide health and accident coverage through
a risk pool under this chapter, except:
(1) as authorized by Subchapter A, Chapter 157;
or
(2) through an interlocal contract entered under
The Interlocal Cooperation Act (Article 4413(32c),
Vernon's Texas Civil Statutes) with other political
subdivisions of this state if the aggregate annual
contributions to the pool will exceed $1 million
based on an actuarial estimate by an actuary who is
a member of the American Academy of Actuaries.
(b) A county with a population of fewer than
500,000 may create and provide coverage through a
pool if the aggregate annual claims, contributions, or
both claims anq contributions to the pool will exceed
$300,000 based on an actuarial estimate by an actuary
who is a member of the American Academy of Actuar-
ies.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 649, ~ 1, eff.
Aug. 26, 1991.
~ 172.013. Payment of Contributions and. Premi-
ums
(a) A political subdivision may pay all or part of the
contributions for coverage Urider this chapter from
local funds, including federal.grant. or contract pass-
through funds, that are not dedicated by law to some
other P1.1rPose.
(b) A political subdivision .also may pay all or part
of the contributions for coverage for officers, employ-
ees, retirees, and dependents, but may .not pay any
part of the contributions for coverage for employees of
affiliated service contractors or their dependehts.
(c) On written approval of an offi.cer or employ~e,.a
political subdivision may deduct from .the officer's or
employee's compensation an amount necessary to pay
that person's and his dependentS' contriputions. A
retiree may authorize in writing the peq;on who pays
his retirement benefits to deduct. .from those benefits
an amount sufficient to pay. the retiree's anq his
dependents' contributions.
(d) State funds, except federal grant or contract
funds passed through the. state to its political subdivi-
sions, may not be used to purchase coverage or to pay
contributions under this chapter.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff. Sept. 1,
1989. Amended by Acts 2001, 77th Leg., ch. 491, ~ 5, eff.
Sept. 1, 2001.
~ 172.014. Application of Certain Laws
A risk pool created under this chapter is not insur-
ance or an insurer under the Insurance Code and
other laws of this state, and the. State Board of
407
~ 172.014
LOCAL GOVERNMENT CODE
Insurance does not have jurisdiction over. a pool creat-
ed under this chapter.
Added by Acts 1989, 71st Leg.,' ch. 1067, ~ 1, eff. Sept. 1,
1989.
~ 172.015. Subrogation; Adequate Recov,ery
(a) In this section, "covered individual" means a
person who is covered by the pool. The term includes
an official, an employee, a retiree, and an employee of
an affiliated service contractor and their dependents.
(b) The payor of employee benefits, whether a polit-
ical subdivision, group of political subdivisions, pool, or
carrier providing reinsurance to one of those entities,
is subrogated to a covered individual's right of recov-
ery for personal injuries caused by the tortious con-
duct of a third party.
(c) A payor of employee benefits whose interest is
not actively represented by an attorney in a third-
party action shall pay to an attorney representing the
covered individual a fee in an amount determined
under an agreement entered into between the attor-
ney and the payor of employee benefits. Except as
provided by Subsection (i), in the absence of an agree-
ment, the court shall award to the attorney, payable
out of the recovery of the payor of employee benefits,
a reasonable fee for recovery of the interest of the
payor of employee benefits, not to exceed one-third of
the' payor's recovery.
(d) 1f the injured covered individual is not able to
realize a complete and adequate recovery for injuries
sustained as a result of the actionable fault of a' third
party, the payor of employee benefits is entitled to a
pro rata recovery described by Subsection (e). A
common law doctrine that requites that an injured
party be made whole before a' subrogee makes a
recovery does not apply to the recovery of the payor
of employee benefits under thiS subsection.
(e) Unless otherwise agreed by a covered individual
and the payor of employee benefits and subject to
Subsection (f), the payor's pro rata share under Sub-
section (d) is an amount that is equal to the lesser of:
(1), one-third of the covered individual's total re-
covery; or
(2) the total cost of employee benefits paid by the
payor as a direct result of the tortious conduct of
the third party.
(f) A covered individual may bring an action for
declaratory judgment to establish that the amount of
the pro rata recovery to which the payor of employee
benefits is entitled is an amount that is less than the
pro rata share described by Subsection (e). To pre-
vail in an action brought under this subsection, the
covered individual must prove by a preponderance of
the evidence that the amount of the covered individu-
al's total recovery is less than 50 percent of the value
of the covered person's underlying claim for damages.
(g) Except as otherwise provided by this subsec-
tion, the court shall establish the payor's pro rata
recovery under Subsection (f) in an amount that is not
less than 15 percent of and not more than one-third of
the covered individual's total recovery. If a covered
individual shows by clear and convincing evidence that
the pro rata share otherwise described by this subsec-
tion would result in manifest injustice, the court shall
establish the payor's pro rata recovery in an amount
that is less than 15 percent of and equal to or greater
than five percent of the covered individual's total
recovery.
(h) Notwithstanding Chapter 37,1 Civil Practice and
Remedies Code, or any other law, in an action brought
under Subsection (f) the court may not award costs or
attorney's fees to any party in the action.
(i) Notwithstanding Subsection (c), a payor of elIl-
ployee benefits may not be assessed out of the recov-
ery to which the payor is entitled under Subsectio~ (e)
or (f) any attorney's fees under any theory or rule of
law, including the common fund doctrine.
(j) Subsections (c)-(i) do not apply to a payor of,
employee benefits participating in a cooperative effort
to design and administer benefits through an adminiS;'
trative agency that includes a cooperative 'memp~
that is a county with a population of at least tWo'
million that is adjacent to a county with a popUlation
of at least one million.
Added by Acts 1989, 71st Leg., ch. 1067, ~ 1, eff.Siip"i.
1989. Amended by Acts 2007, 80th Leg., ch. 1379,. ~ 1,'
June 15, 2007. .; " .
1 V.T.CA, Civil Practice & Remedies Code ~ 37.001 etseq:'\
Section 2 of Acts 2007, 80th Leg., ch. 1379 provides:
"Section 172.015, Local Government Code, as amended by
applies only to a cause of action that accrues on or after the
date (June 15, 2OO7J of this Act. An action that acetued
effective date of this Act is governed by the law appli .
action immediately before the effective date of this Act, an
is continued in effect for that purpose." .
~ 172.016. Status of Affiliated Service Con
Inclusion of the employees of affiliated s'
tractors in the uniform group benefits p
thorized by this chapter does not, for an}',
408
PUBLIC OFFICERS AND EMPLOYEES
(1) make an affiliated service contractor a politi-
cal subdivision or a division of a political subdivision;
. or
. (2) make an employee of an affiliated service
contractor an employee of a political subdivision or
. , a division of a political subdivision.
Added by Acts 2001, 77th Leg., ch. 491, ~ 6, eft. Sept. 1,
2001.
CHAPTER 173. TEMPORARY SALARY PAY-
MENTS FOR MUNICIPAL AND COUNTY
EMPLOYEES CALLED TO ACTIYE DUTY
Section
173.001. Employees Subject to Chapter.
173.002. Salary Continuation.
173.003. Manner of Payment.
173.004. Rules.
173.005. Other Benefits Unaffected.
173.006. Expired.
Aformer Chapter 173, also titled "Temporary Salary
Payments for Municipal and County Employees
Called to Active Duty'~ expired September 1, 1992
pursuant toformer * 173.006.
~ 173.001. Employees Subject to Chapter
(a) This chapter applies to a municipal or county
employee who is a member of a reserve component of
the armed forces of the United States, including any
appropriate part. of the state military forces, and who
by virtue of that membership is called to active duty
in the armed forces of the United States by federal
authority without the person's consent before, on, or
after the effective date of this chapter as part of a
partial or total mobilization of the reserve components
of the armed forces.
(b) This chapter does not apply to a person who:
(1) ceases to be employed by a municipality or
county because the person resigns or is terminated
for a reason that is not a direct consequence of the
person's call to active duty as described under
Subsection (a); or
(2) commits a voluntary act that extends the per-
son's original assigned service to active duty.
Added by Acts 2003, 78th Leg., ch. 671, ~ 1, eff. June 20,
2003.
~ 173.002. Salary Continuation
(a) Notwithstanding any other law, if a person to
whom this chapter applies exhausts all military leave
to which the person is entitled under state law, the
municipality or county may continue the person's mu-
nicipal or county salary payments under this chapter
in an amount determined by the governing body of the
municipality or the commissioners court, as applicable,
until the person is no longer required to serve on
active duty under the circumstances described by
Section 173.001(a).
(b) The salary payments authorized by Subsection
(a) are payable:
(1) from the general fund of the municipality or
county or other funds available for that purpose on
the date the person is called to active duty; and
(2) only for a municipal or county pay period that
began on or after September 1, 2002.
Added by Acts 2003, 78th Leg., ch. 671, ~ 1, eff. June 20,
2003.
~ 173.003. Manner of Payment
Salary payments under this chapter may be paid in
the manner directed by the person, subject to the
approval of the governing body of a municipality or
the commissioners court of a county, as applicable,
except as provided by other law.
Added by Acts 2003, 78th Leg., ch. 671, ~ 1, eff. June 20,
2003.
~ 173.004. Rules
The governing body of a municipality and the com-
missioners court of a county may adopt rules to
implement this chapter.
Added by Acts 2003, 78th Leg., ch. 671, ~ 1, eff. June 20,
2003.
~ 173.005. Other Benefits Unaffected
This chapter authorizes the continuation of munici-
pal or county salary payments only as provided by
Sections 173.001-173.004.
Added by Acts 2003, 78th Leg., ch. 671, ~ 1, eff. June 20,
2003.
~ 173.006. Expired
CHAPTER 174. FIRE AND POLICE
EMPLOYEE RELATIONS
SUBCHAPTER A. GENERAL PROVISIONS
Section
174.001. Short Title.
174.002. Policy.
174.003. Definitions.
174.004. Liberal Construction.
409
fy A 'b;+ J
Gillett, Martha
To:
Subject:
Susan Smith
RE: Sample Trust Agreement
Thanks. That makes sense. I really appreciate all your help with this.
-----Original Message-----
From: Susan Smith [mailto:Susan.Smith@tmliebp.org]
Sent: Friday~ January 29~ 2818 4:85 PM
To: Gillett~ Martha
Subject: RE: Sample Trust Agreement
If you are self-funded you do not have an ERISA plan and your health plan needs to fall under
some authority. Most cities take the benefits of when Chapter 172 is excluded from mandated
benefits and if they do that they should follow the Chapter 172 guidelines
Susan Smith
Executive Director
1821 Rutherford Lane #388
Austin~ Texas 78754
1.888.348.7879 extension 6788
>>> "Gillett~ Martha" <GillettM(aHaportetx.gov> 1/29/2818 3:56 PM >>>
o.k. Just wanted to make sure I was understanding. I did think of another question. Why
are cities required to adopt Chapter 172? Thanks
-----Original Message-----
From: Susan Smith [mailto:Susan.Smith@tmliebp.org]
Sent: Friday~ January 29~ 2818 3:44 PM
To: Gillett~ Martha
Subject: RE: Sample Trust Agreement
that is how we interpret Chapter 172
Susan Smith
Executive Director
1821 Rutherford Lane #388
Austin, Texas 78754
1.888.348.7879 extension 6788
>>> "Gillett~ Martha" <GillettM[iVlaportetx.gov> 1/29/2818 3:81 PM >>>
Thank you so much. I will get this document to our City Attorney and other officials. Did I
understand correctly that this is a requirement for City's who have a Chapter 172 and self
fund medical insurance? M
-----Original Message-----
From: Susan Smith [mailto:Susan.Smith@tmliebp.org]
Sent: Friday~ January 29~ 2818 7:28 AM
To: Gillett~ Martha
Cc: Brett Bowers
Subject: Sample Trust Agreement
Hope this helps. Let me know if we can assist with anything else.
1
Susan Smith
Executive Director
1821 Rutherford Lane #3ee
Austin3 Texas 78754
1.8ee.348.7879 extension 678e
2
Gillett, Martha
From:
Sent:
To:
Cc:
Subject:
Attachments:
Susan Smith [Susan.Smith@tmliebp.org]
Friday, January 29,20107:20 AM
Gillett, Martha
Brett Bowers
Sample Trust Agreement
Sample Trust Agreement.doc
Hope this helps.
Let me know if we can assist with anything else.
Susan Smith
Executive Director
1821 Rutherford Lane #388
Austin) Texas 78754
1.888.348.7879 extension 6788
1
SAMPLE TRUST INFORMATION
This Trust Agreement for the NAME OF EMPLOYER (hereinafter referred to as the
"Agreement") is executed by and between (i) the EMPLOYER that agrees, for the benefit of their
officials, employees and retirees, and the dependents of such individuals, to be bound by this
Agreement.
WHEREAS, Article XVII of the Trust Agreement reserves to the Board of Trustees of the
EMPLOYER ("the Board of Trustees") the right to amend, modify, terminate or revoke, in whole
or in part, the Trust Agreement or any terms or provision thereof by notice in writing delivered to
the Employee Members; provided, however, that the Trust Agreement may not be amended to
change the purpose of the Employer, as set forth in Article II or to authorize the trustees to
conduct the affairs of the Employer in any manner or for any purpose contrary to the provisions of
Section 501 (c) (9) of the Internal Revenue Code; and
WHEREAS, the Board of Trustees desires to exercise its power of amendment with
respect to all property held in the trust by amending and restating the Trust Agreement in its
entirety as set forth herein.
NOW, THEREFORE, the Board of Trustees hereby amends and restates the Trust
Agreement in its entirety as provided below, and declares that Trustees, by the execution of this
agreement, have previously transferred, assigned, and conveyed certain property to the Board of
Trustees and the Board of Trustees as accepted and is now administering such property as the trust
estate .
WHEREAS, the EMPLOYER created for the primary purpose of providing certain
types of benefits for employees of Employer Name of the State of Texas and the dependents of
such employees;
WHEREAS, effective September 1, 1989, the Texas legislature enacted Chapter 172 of the
Texas Local Government Code and authorized political subdivisions of the State of Texas to
establish risk pools to provide certain types of welfare benefits for their officials, employees and
retirees, and the dependents of these individuals;
WHEREAS, since Date, the EMPLOYER has operated as a self-funded risk pool under
the name of EMPLOYER, as authorized by Chapter 172 of the Texas Local Government Code;
WHEREAS, Section 2 of Article VIII of the trust agreement for the Trust provides as
follows:
The Trust shall terminate at the expiration of (TRUST TERM)
years from the date first above written but may be terminated at any
time prior thereto by an instrument in wntmg executed by a
majority of the Board of Trustees. Upon termination of the Trust,
the Trustees shall pay all obligations of the Trust and charge them
to the Fund. The Trustees shall there upon first use the Fund to
continue insurance on all employees insured under the policies and
the families of such employees to the extent possible, and then
either apply any remaining balance of the Fund for the benefit of
such of those employees and the families of such employees as were
insured thereunder at the time of the termination of the policies, in
such manner as the Trustees determine shall best carry out the
purpose for which the Fund was established, or pay such balance to
such employees. Anything herein above to the contrary
notwithstanding the Trustees, upon termination of the Trust and
settlement of all obligations of the Trust, may, with the consent of a
majority of the Board of Trustees, transfer the policies and the
remaining surplus, or any portion thereof, of the Fund to the
trustees of any trust or trusts established for a substantially similar
purpose to be applied for uses substantially similar to those set forth
in Section 2 of Article N.
WHEREAS, the EMPLOYER, when taken together with the interlocal agreement
shall constitute a "voluntary employees' beneficiary association" under Section 501(c)(9) of the
Internal Revenue Code, and shall be used exclusively to provide life, sick, accident and other
health benefits, as well as related services, and to perform operations in furtherance thereof, for
the officials, employees and retirees and the dependents of such individuals;
WHEREAS, the trustees of the Plan will have the power to assume all assets and
liabilities of the Trust
WHEREAS, the trustees of the EMPLOYER will have the power to assume and perform
all contractual obligations of the Trust (including contractual obligations incurred in the name of
the EMPLOYER);
NOW, THEREFORE, in consideration of the foregoing recitals, the undersigned parties
have executed this Agreement to set forth the terms of the trust establishing the EMPLOYER, and
to acknowledge that all assets which are subject to the terms of this Agreement shall be held,
administered and distributed in trust for the uses and purposes hereinafter set out.
2
ARTICLE I
NAME OF TRUST
The name of the trust created by this Agreement is the EMPLOYER. All references in
this Agreement to the "EMPLOYER" are to the EMPLOYER NAME
ARTICLE II
PRIMARY PURPOSE AND OBJECTIVES
The sole purpose of the EMPLOYER BENEFIT PLAN is to provide employees, qualified
retirees, and qualified elected officials and their dependents, with life, sick, accident and other
health benefits, as well as related services, and to perform operations in furtherance thereof,
consistent with Section 501(c)(9) of the Internal Revenue Code. The EMPLOYER of the State of
Texas will be able to attract and retain competent and able employees by providing them and their
dependents with life, sick, accident and other health benefits, as well as related services, and
performing operations in furtherance thereof, to at least equal those commonly provided in private
industry; to foster, promote and encourage employment by and service to the political subdivisions
of the State of Texas as a career profession for persons of high standards of competence and
ability; to recognize and protect the covered individual by promoting and preserving economic
security and good health; to recognize the long and faithful service and dedication of employees of
the political subdivisions of the State, by working together to obtain lower costs for providing life,
sick, accident and other health benefits, as well as related services, and performing operations in
furtherance thereof, for their employees and dependents; to provide uniformity in benefits,
including accident, health, dental and long-term disability coverage, to employees of political
subdivisions of the State of Texas; to foster and develop high standards of employer-employee
relationships between political subdivisions of the State of Texas and their employees; to recognize
the service of elected officials to political subdivisions of the State of Texas by extending to them
the same life, sick, accident and other health benefits, as well as related services, as are provided
to employees of the political subdivisions; and to achieve economies of scale in the related areas of
risk management and claims administration provided by the Plan.
ARTICLE ill
NATURE OF THE TRUST
The trust has been created as a "voluntary employees' beneficiary association" under
Section 501(c)(9) of the Internal Revenue Code, organized exclusively to provide life, sick,
accident and other health benefits, as well as related services, and to perform operations in
furtherance thereof, for the officials, employees and retirees of political subdivisions of the State
3
of Texas who elect to participate in the Plan, and their dependents. As authorized by Chapter
791 of the Texas Local Govermnent Code (hereinafter referred to as the "Interlocal Cooperation
Act"), each Employer Member will be required to execute an interlocal agreement to evidence its
participation in this Agreement, and to manifest its formal adoption of all rules and regulations
governing the TRUST. Since the EMPLOYER BENEFIT PLAN WILL SERVE as a risk pool
that enables Employer Members to acquire the types of coverage described in Section 172.004 of
the Texas Local Government Code.
ARTICLE IV
FUNDING OF THE TRUST
The Trust has initially been funded with the property described in Schedule An attached
hereto and incorporated herein by reference for all purposes. Thereafter, the Trust will be funded
by contributions made by Employer Members together with investment income therefrom.
ARTICLE V
ESTABLISHMENT AND COMPOSmON OF BOARD OF TRUSTEES
The Plan shall be governed by a Board of Trustees (hereinafter referred to as the "Board")
that will administer the Plan for the benefit of the Employer Members pursuant to the provisions
of this Agreement. The Board shall be composed of not more than NUMBER OF TRUSTEES
who shall be appointed or elected to their positions in the manner provided in this Agreement.
DEFIN TRUSTEE REQUIREMENTS -A FULL TIME EMPLOYE ECT
In addition to the voting trustees provided for in the preceding paragraph of this Article V,
the Board of Trustees will include three (2) ex-officio non-voting trustees who will be appointed to
their positions in accordance with the following provisions:
(1) DEFINE EX-OFFICIO POSITION IF YOU WANT ONE.
(2) DEFINE EX-OFFICIO POSITION IF YOU WANT ONE
The initial trustees of the Plan and the basis for each trustee's appointment to the Board are
as follows:
Name of Trustee
Basis for Trustee's Appointment
4
ARTICLE VI
QUALIFICATIONS OF TRUSTEES
ARTICLE vn
TERMS OF OFFICE OF TRUSTEES
IDENTIFY TERM OF OFFICE FOR TRUSTTEES
ARTICLE VIII
MEETINGS OF THE BOARD
IDENTIFY HOW MANY MEETING WILL BE HELT BY THE TRUSTEES
ARTICLE IX
OFFICERS OF THE BOARD
IDENTIFY OFFICERS SUCH AS CHAIRMAN, VICE CHAIRMAN ECT
ARTICLE X
QUORUM OF THE BOARD
A majority of the qualified and serving voting trustees shall constitute a quorum of the
Board. The vote of a majority of the qualified and serving voting trustees shall be necessary for
any official action taken by the Board. No vote may be taken unless a quorum is present.
ARTICLE XI
VACANCIES ON THE TRUSTEE BOARD
If any trustee ceases to act as trustee due to death, resignation, disqualification, inability to
act, or any other reason (hereinafter referred to in this Article XI as the "Withdrawing Trustee"),
a successor trustee shall be appointed to replace the Withdrawing Trustee in accordance with the
following provisions:
5
ARTICLE XII
COMMITfEES
IDENTIFY IF THE TRUSTEES WILL HAVE ANY COMMITTEES. SAMPLE OF
COMMITTEES INCLUDE UNDERWRITING, BUDGET, APPEAL, ECTS
ARTICLE xm
COMPENSATION AND REIMBURSEMENT OF EXPENSES
Trustees, including ex-offido non-voting trustees, shall serve without salary or other
compensation, but shall be entitled to reimbursement for all reasonable and necessary expenses
incurred in attending meetings of the Board and in the performance of their official duties upon
approval of such expenses by the in accordance with policies set by the
EMPLOYER.
ARTICLE XIV
POWERS AND DUTIES OF TRUSTEES
Subject to the limitations set forth in the last paragraph of this Article XIV, the Board of
Trustees shall have all powers conferred on trustees by Texas trust law. In addition to the other
powers and duties herein conferred or imposed or authorized by law, but subject to the limitations
set forth in the last paragraph of this Article XIV, the Board of Trustees shall have the following
powers and duties, all of which may be exercised without the necessity of securing the approval or
order of any court:
(1) The Board shall carry out all of the duties required to accomplish the
purpose of the PLAN, as described in Article II of this Agreement, and to operate and
administer the PLAN solely in the interest of the officials, employees and retirees of
Employer Members, and the dependents of such individuals, and for the exclusive purpose
of providing benefits, as well as related services, and performing operations in furtherance
thereof, to such persons, and defraying reasonable expenses of administering the Plan.
(2) The Board shall have the general power to make and enter into all contracts,
insurance policies, leases and agreements necessary or convenient to carry out
any of the powers granted under this Agreement or by any other applicable
law. All such contracts, leases and agreements or other legal documents herein
authorized shall be approved by resolution of the Board.
(3) The Board shall be authorized to contract with any qualified organization to
6
perform any of the functions necessary for providing life, sick, accident and other health
benefits, including but not limited to, excess loss insurance, stop loss insurance, claims
administration, administrative services, and any other services that the Board shall deem
expedient for the proper servicing of the benefit plan.
(5) The Board shall appoint a Secretary who shall keep the minutes ......
(6) The Board shall use funds to accomplish the purpose of the Plan, as
described in Article II of this Agreement, and to operate and administer the Plan solely in
the interest of the officials, employees and retirees benefited by the Plan, and the
dependents of such individuals, and for the exclusive purpose of providing benefits, as
well as related services, and performing operations in furtherance thereof, to such persons,
and defraying reasonable expenses of administering the Plan. To this end, the Board may
use funds of the Plan to purchase life and disability insurance policies that will provide life
and disability insurance benefits to the officials, employees, retirees.
(8) The Board shall provide for an annual audit by an independent certified
public accountant, and the audit shall be filed as required by the laws of the State of Texas,
including but not limited to, Chapter 172 of the Texas Local Government Code. A
summary financial report will be provided to each Employer Member annually.
(11) If the Plan becomes insolvent, the Board shall provide for the payment of
the Plan's debts, obligations, losses and other liabilities, and shall provide for the
disposition of the Plan's remaining assets
It is intended that the Plan shall satisfy all of the requirements for a valid risk pool under
Chapter 172 of the Texas Local Government Code.
ARTICLE XV
7
LIABILITY OF TRUSTEES AND OFFICERS
The trustees and officers shall use ordinary care and reasonable diligence in the exercise of
their powers and the performance of their duties hereunder; and they shall not be liable for any
mistake of judgment or other action made, taken or omitted by them in good faith, nor for any
action taken or omitted by any agent, employee or independent contractor selected with reasonable
care. No trustee shall be liable for any action taken or omitted by any other trustee. No trustee
shall be required to give a bond or other security to guarantee the faithful performance of his or
her duties hereunder.
ARTICLE XVII
AMENDMENT, REVOCATION AND TERMINATION
This Agreement shall terminate ......
ARTICLE XVIII
SPECIAL PROVISIONS REGARDING NON-VOTING TRUSTEES
Since the ex-officio non-voting trustees do not have any power to vote on matters affecting the
Plan, it is understood and agreed that the ex-officio non-voting trustees will never incur any
liability. The provisions of this Article XVIll are intended to provide the ex-officio non-voting
trustees with the maximum liability protection available under Sections 114.003 and 114.006 of
the Texas Property Code. To this end, the Plan will indemnify and hold the ex-officio non-voting
trustees harmless from any loss or liability that they may incur in connection with any action or
decision taken by the voting trustees. This indemnity includes, but is not limited to, all attorney's
fees and related litigation expenses that the ex-officio non-voting trustees may incur to defend
against any claim covered by this indemnity.
F:\SJHELMAN\TXMUNLG\NEWTRUST.AG3
January 29. 2010
ARTICLE XIX
MISCELLANEOUS PROVISIONS
(1) The fiscal year of the Plan shall be
(2) The term "Internal Revenue Code" means the Internal Revenue Code of 1986, as
amended, and as may be from time to time amended after the date of this Agreement. Reference
to any provision or section of that Code shall be deemed to refer to the provision or section of the
federal tax law in effect on the referenced date that corresponds to the provision or section
referred to that was in effect at the time of the execution of this Agreement.
(3) Wherever the context so admits and such treatment is necessary to interpret this
Agreement in accordance with its apparent intent, the use herein of the singular shall include the
plural, and vice versa, and the use of the feminine, masculine, or neuter gender shall be deemed to
include the other genders.
(4) The captions or headings above the various provisions of this Agreement have been
included only to facilitate the location of the subjects covered by each provision but shall not be
used in construing this Agreement.
(5) If any clause or provision of this Agreement proves to be or is adjudged invalid or
void for any reason, such invalid or void clause, provision, or portion shall not affect the whole,
but the balance of the provisions hereof shall remain operative and shall be carried into effect
insofar as is legally possible.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement,
consisting of pages and Schedule A attached hereto, on the dates of their respective
acknowledgments below. By joining in the execution of this Agreement, the trustees acknowledge
receipt of the property described in Schedule A, signify acceptance of the trust created hereunder,
and covenant that the trust will be executed with all due fidelity.
F:\SJHELMAN\TXMUNLG\NEWfRUST.AG3
January 29, 2010
Voting Trustee
Voting Trustee
Voting Trustee
Ex-Officio Non-Voting
Trustee
Ex-Officio Non-Voting Trustee
SHOULD GET EACH SIGNATURE NOTaRIZED
F:ISJHELMAN\TXMUNLGlNEWTRUST.AG3
January 29. 2010
a skins
& askins p.c.
ATIORNEYS and COUNSELORS
Knox W. Asldns
Clark T. Asldns
April 21, 2010
Mayor and City Council
City of La Porte
604 W. Fairmont Pkwy.
La Porte, Texas
RE: Chapter 172 Board
Gentlemen:
The City Manager has asked our office to render an opinion on the role of the Chapter
172 Board, as established by ordinance. We have also been asked to verify that the
Chapter 172 Board is operating as required by Chapter 172 of the Texas Local
Government Code.
There is currently a question as to whether the proper role of the Chapter 172 Board is
to serve as a board of trustees, where the members of the committee would have
independent management and supervisory responsibility over the insurance fund, or,
whether they act as an advisory committee to the city council only, with management of
the insurance fund left to city staff.
Since its creation in 2002 the Chapter 172 Board has functioned exclusively as an
advisory committee. It has performed such functions as recommending candidates for
third party administrators, advised on changes to the design of plan options, and
suggested how the total cost of the health plan should be allocated between the city
and employees. In all cases, actions taken by the board have been in the form of
recommendations to the City Council, and in every case the City Council decided
whether to accept, reject, or modify motions made by the board.
With respect to management of the insurance fund, because the Board always acted in
an advisory capacity, the fund has been operated by the city staff in similar fashion to
other accounts, SUbject to auditing requirements by the State.
Recently questions have been raised about City Council's intent when adopting Chapter
172 to govem the health plan. Other than the ordinance appointing the initial members
to the Chapter 172 Board, which referred to the committee as "Board of Trustees", I
know of no actions by the City Council, the Chapter 172 committee members, or city
staff indicating that the board was to operate as a true independent trust. I would add
that while the ordinance refers to a board of trustees, the ordinance specifies nothing
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax. . knoxasklns@comcast.net . ctaskins@swbell.net
further about adoption of a trust, or operation of the plan in this regard. When TML
suggested adoption of a trust document a few years back, this office consulted with
Neal Welch (the city's medical consultant), and concluded that since the board had
always acted in an advisory capacity - with city council making the decisions- a trust
document was unnecessary.
City staff initially consulted with Scott Houston, attorney with TML. By email, he advised
that after review of Local Government Code Chapter 172, and city documents, his
impression was that they city was operating legally, but suggested the city attorney
speak with TML general counsel, Scott Wilson, for further guidance. When our office
was asked to reexamine this issue, I did contact TML and spoke with Mr. Wilson. He
noted that Chapter 172, as applied, is complicated, and that in practice governmental
entities have chosen whether to operate 172 plans as advisory boards or true
independent trusts. In fact, his impression was that many self-insured cites such as La
Porte do not operate as trusts, and that many of them do not bother with 172
committees at all. He suggested that if we don't operate as a trust that the city follow all
regular procedures, such as having meetings of the committee, and close supervision
of the plan fund by City Council and staff, so that there is substantial compliance with
Local Government Code Chapter 172.
I requested that TML provide copies of trust documents actually executed and used by
other cities and counties operating 172 plans, in Texas. They have not been able to
provide us with any examples. I was notable to locate any when investigating
independently.
I also reviewed an email sent to the city human resources director from Julian Fontana,
senior account executive with TML-IEBP, who advised that Local Government Code
Chapter 172 does not "define the role, but only the scope of knowledge and reference
to general fiduciary duties of trustees". He suggested that the city would have to look at
creation documents to determine City Council's intent for role of board members, but
the implication was the city has the option to operate the board as a trust or an advisory
body.
With this information in hand, the City Council , as always, can choose to amend the
Chapter 172 board ordinance so as to operate the plan as an independent trust, or
continue as an advisory board.
Thank you, and should you have any questions please do not hesitate to contact me at
my office.
S~r~
Clark T. Askins
Assist. City Attorney
27
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Aoril 26. 2010
Bud1!:et
Requested By: D. Wilmore
Source of Funds:
Department: Planning
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Amount Requested:
Exhibits: Highlight Memo on Inspection Division Activities
Budgeted Item: YES NO
Exhibits: March Activity Reoort
Exhibits
SUMMARY & RECOMMENDATION
Attached is a staff report highlighting Inspection Division activities.
Ron Bottoms, City Manager
~{~~{Lo
Date
Memo
To: Mayor and City Council
From: Debbie S. Wilmore, Chief Building Official
CC: Ron Bottoms, City Manager; John Joems, Assistant City Manager; and Tim
Tietjens, Director of Planning
Date: 4/19/2010
Re: Highlight Memo on Inspection Division Activities
The following is our monthly report on some of the highlights of the Inspection Services
Division and our March Activity Report.
Assistance on 402 & 402 Y2 So. 1 st Street
. Seven (7) ordinance violations which included junk vehicle, stagnant pool water,
weeds, debris, fence maintenance and building maintenance. Staff met with the owner
and discussed what actions were needed. Since the owner lived on a ftxed income, an
abatement schedule was setup that would allow resolution in phases.
. The owner and staff interacted regularly until the ftnal violation was resolved. The
owner was appreciative of staff's assistance.
Remodel Permits for1000l W. Main Street
. Work began without a permit and there was an ownership change. Inspection staff
walked the project with the new owner (church) and was able to assist them with the
recently purchased daycare building. A Phase I permit on the interior was issued so
work could continue while they submitted Phase II plans for the exterior.
. Phase I inspections are now underway and Phase II plans have been reviewed by staff
and that permit is ready for issuance.
Highlight Memo Con't.
Page 2
March Activity Report
. (3) New Commercial permits - Valuation is $775,453
11051 Porter Rd, #900 (Hi Pile Pallet Racks)
803 Mc Cabe Rd, #A (Office Build-Out)
920 W Main (Gateway Project)
. Increase of(87) inspections from February
. Increase of(211) customer (counter) sign-ins from February
. Increase of (206) code enforcement cases from February
Of the (206) cases, weeds increased by (105)
. Gfthe (331) March cases, (186) or 56% were resolved in March
. Page 2
INSPECTION SERVICES . ... .
FOR MARCH 1,.2010 THRU.'~
:1;lY<""
NEW RESIDENTIAL PERMITS: 0
VALUATION 0
NEW COMMERCIAL PERMITS: 3
VALUATION: 775,453
INSPECTIONS PERFORMED: 378
SLABS 51
ELECTRICAL 73
PLUMBING 68
COVERUP 18
FINAL 41
FRAME 5
MISC. 122
CUSTOMER SIGN IN: 546
OPEN RECORDS REQUEST: 9
COMMERCIAL PROJECTS PENDING - NEW CONSTRUCTION OR
REMODELS OVER $50.000 13
FOLLIS CONSTRUCTION - 11518 OLD LA PORTE RD 7D - 09-144 - SHELL ONLY
DRAGON PRODUCTS - 1701 NEST. - 09-570 - TRUCK TERMINAL YARD
ATLANTIS HOMES INC - 1607 W MAIN ST - 09-618 - SHELL ONLY
FOLLIS CONSTRUCTION - 11518 OLD LA PORTE RD - 09-934 - BUILD OUT
FOLLIS CONSTRUCTION - 223 N 10TH ST - 09-1141 - METAL BUILDING
PARK CONSTRUCTION INC. - 3600 CANADA RD - 09-1307 - NEW BUILDING
CONSTRUCTION MASTERS OF HOU - 3202 LUELLA - 09-1396 - CHILD CARE
MRE BUILDERS - 702 HWY 146 S - 09-1496 - NEW HOTEL (SUPER 8)
ATLANTIS HOMES - 1607 W. MAIN ST. - 09-1763 - BUILDOUT
STAINLESS WELDING - 11001 FAIRMONT PKWY # H - 10-115 - BUILDOUT
DUROTECH - 3501 LUELLA BLVD - 10-219 - NEW COMMERCIAL
RAM DESIGN - 920 W MAIN - 10-295- CLP ARCH
WAREHOUSE RACK CO - 10051 PORTER #900- 10-400- PALLET RACKS
TIRZ
1
NONE
CODE ENFORCEMENT
CODE ENFORCEMENT NUMBER OF COMPLAINTS, CASES
CASES MARCH 2010
(COMMUNITY SERVICE) CITY INITATED CITIZEN COMPLAINT TOTAL
ALCOHOL CHECK 0 0 0
BASKETBALL GOALS 0 0 0
BUILDING 3 7 10
MAINTENANCE
BUILDING 0 0 0
PLACEMENT
CAR FLYERS 0 0 0
CONTAINERS 0 0 0
COIN OPERATED 0 0 0
MACHINE
DANGEROUS 0 2 2
BUILDING
DEBRIS 15 19 34
EXTERIOR STORAGE 3 0 3
FENCES 1 1 2
FORWARD TO OTHER 0 1 1
DEPARTMENTS
GRAFFITI 2 0 2
HEALTH ISSUES 1 0 1
ILLEGAL DUMPING 2 0 2
ILLEGAL MOBILE 0 0 0
HOMES
JUNK VEHICLES 18 10 28
LIVESTOCK 0 1 1
MISCELLANEOUS 0 0 0
OFFICE TRLR 0 0 0
OFF SITE PARKING 0 0 0
POOLS 3 3 6
SCREENING REQUIRED 0 0 0
SECURING BUILDINGS 1 0 1
SEWAGE 2 1 3
SIGNS 0 1 1
SIGNS ON ROW 69 0 69
SUBSTANDARD 0 0 0
STRUCTURES
TEMP STORAGE CONT 0 0 0
UNSAFE ELEC 0 0 0
UNSAFE PLBG 0 0 0
W A TER/DRAINAGE/ 1 3 4
STANDING
WEEDS 96 15 111
WORK WITHOUT 21 10 31
PERMIT
ZONING 12 5 17
BLDG CODE 1 1 2
VIOLATION
BLDG CODE-SANIT 0 0 0
HOUSE MOVING 0 0 0
ROW OBSTRUCT 0 0 0
ROW DAMAGE 0 0 0
TOTAL 251 80 331
2
TOTAL OF 331 COMPLAINTS, CASES
MARCH 2010
TOTAL COMPLAINTS, CASES 331 100%
CASES RESOLVED 186 56%
CASES UNRESOLVED 145 44%
NEW MUNICIPAL
COURT CASES THIS MONTH 13 R MADDOX
C FLORES (2)
B HAYGOOD (2)
B MOORE (2)
D GREEN (2)
P ZECCA
C KOPCENSKI
W HOTZ
R TRABUE
LAWSUITS IN PROGRESS
(NON-MUNICIPAL COURT CASES) CLIFF HALL (1)
S:\CPShare\INSPECTION DIVISION\Insoections\Monthlv Reoorts 2010MARCHMONTHL YREPORT .doc
3
Meeting Handout
Top 10 Reasons for a Dog Park
10 Because it adheres to the 2020 Master plan. We are currently 66
acres short on community parks & by 2020 we will be 132 acres
short.
9 We need the parking. Recent success of our water front
improvements has created a parking shortage in the area as
demonstrated by this recent event at Sea breeze Park.
8 It will complement the Beach Project. It will give dog owners a
place to go and not soil the beach.
7 People go to dog events. The great success of the dog show at The
Town Plaza illustrates this. Also, the parks in Baytown & Bay Area
Park are always crowded.
6 High community demand. The estimate of dog owners in Harris
County is 50% of the populace. That would be approximately
16,000 owners in La Porte and most are in the track homes.
5 Inexpensive to build. The Houston Dog Park Association
recommends that you don't put tables and benches in the area.
The restrooms and fences already exist. Rules & procedures
already exist.
4 Animal Control. Animal Control can use this park as a venue to
teach vaccination and licensing protocol and NOT USE
VETENARIANS AS ENFORCEMENT OFFICERS.
3 Convention Center. If we decide at a future date that we want to
use this land for a convention center, we would not be out a lot of
money.
2 The need for hike and bike trails. It is only a matter of time before
someone gets hit in this area by a car. Someone has already been
killed at Park & Sea breeze because there are no sidewalks.
1 I have to go to Deer Park. This is the closest dog park.
.r--.
l'GfrJCsan"~ecre(ltioJl ..................................................................................................
Chapter 7 :
.
.
.
.
.
.
.
.
.
.
.
.
TABLE 7.3
PARK RESOURCES V. DEMAND
La Porte Comprehensive Plan Update
La Porte, Texas
Park Classification I Existing Sllppl~' ! Recommended Supply I Sufficiency or (De1icienc~)
o acres
30 acres
148 acres
170 acres
10.5 acres
12.5 acres
49.5 acres
214.5 acres
12.5 acres
19.5 acres
(66.5) acres
170 acres
10.5 acres
Source:
To. meet the demand of a projected :futw-e Year 2020 population of 42,684 persons, the City will
need the following acreage of parks and recreation areas:
· 16 acres of mini-parks
· 65 acres of neighborhood parks
· 280 acres of community Darks
. 361 Total Acres
-----
Future anticipated growth and the nature and location of this growth will dictate the necessity to
continue to expand and provide increasing numbers of a~ .cjf land dedicated for parks. and recreational
use. Based upon a projected population of 42,684 persons in the Year 2020, La Porte will need a total
inventory -of parks and recreation areas of 361 acres. To satisfY the estimated projected demand for parks
and recreation areas and facilities, based upon recomniended national standards, the City will need to
acquire and develop 9-acres per year to the Year 2020.
Service Areas
Evaluating service areas is an effective means of identifying geographic areas that have sufficient
park areas available, but more importantly to identify those in need of additional parks and recreation areas
and facilities. Community parks have a primaIy service area of one (1) mile, meaning that a majority of
persons utilizing community parks typically reside within one (1) mi~e. The secondary service area extends
two (2) miles from the p8rk to account for park user patterns associated with the. types of activities and
facilities available in the .community parks.
~.--'.. .
Figure 7.2 - Community Park Service Areas, illustrates the primaIy and secondary. service areas
of La Porte's six community parks, including Fairmant Park and Recreation Center, Little Cedar Bayou
Park, Lomax Park, Northwest Park, Sylvan Beach PBrk and West Side Community Park. As exlubited in
this illustration, the most densely populated areas of the community are within the SCf\Iice areas of the
.existing community parks. However, the southernmost area on either side of South Broadway, the north
.
Page 7-17 .
. .
La Porte Compreh.ellSive PlIIn Updatlt-.... ................... .... ........ ........ .................... .... ..............
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
. .
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
a..~~V'... .;..::i.1iI<.':~/
t:'<<... '. Ty
.~ . "i",
~
:s
Co
0)
--
o
-0
to
.....
~
.... .
:s
(JQ
g
'A
(J
o
'='
,.....
-.
'='
(JQ
CO
'='
Q
.,,0
co co
'-A 3
...." 0
o
o
"3
c
-0
(1Q
...."
Ol
0-
CO
Ol
'='
0-
(J
o
~
CO
...."
-0
Ol
~
-.
--
-.
o
'='
~'-!J.
Ol ,.....
cs('t)
~.e:::::...
_. c::::.
N 0
Ol ...."
~. ~
o
'='
....-\....-\..".e:::::...
...." ...." CO c::::.
0) 0) '=' 0)
~~(")'-A
fjJ fjJ CO CO
o -- ,
c ~ -.J ~
r! -. 0 CO
~. 0- 0 ~
0- CO __-0
CO ' -.,.....
, t'J '=' 0)
... CO (")
'O~~ro
o 0 c;r V'l
g~~:""
~~9-0lT'
'=' ...." ......... CO
CO .....n""'- Ol
~coagg.
.....n~,.....
CO CO
CO fjJ
,.....
-0-0
f; ~
'=' -.
-. '='
(") (JQ
....-\,
0) t'J
tz.\.D
~ "'-.J
9-0~'
~@
-.
~~
fjJ t'J
, .
-.Jo
o
CO -0
0) CO
g."""
cJ"l
.0
.."
o
o
,.....
g
'A
o
-'"
g
:s
'A
.....
Co
p..
.... .
o
:s
...,.,.
...,.,.
~
..
o
o
o
.
o
o
\
~
\D
..
~
Q\
.
o
o
~
...
IT'
o
o
@
~
t'J
.
IT'
o
-0
CO
...."
cJ"l
.0
.."
o
o
,.....
f'
o
'A-
,...
o
f'
o
~
'A-
~
c:.
~
o
o
CJQ
-0
Q)
~
'?:
-Ift-lft-lft-lft-lft-lft-lft-lft-lft-lft-lft
p
+::-
oJ
...
\.0
o
o
.
o
o
U"
-J
...
oJ
oJ
tv
.
o
o
tv
\.0
...
tv
p
U"
.
o
o
U"
...
oJ
P
o
.
o
o
U"
CfJ
...
\.0
CfJ
\.0
.
o
o
U"
\.0
...
U"
o
o
.
o
o
+::-
oJ
...
-J
U"
o
b
o
p
-JU"
... ...
o 0
gg
o leg
0\
oJ
...
o
o
o
.
o
o
-..--.-.. ..----....-------------