The URL can be used to link to this page

Home My WebLink About2010-9-13 special meeting MINUTES OF REGULAR MEETING, PUBLIC HEARING, AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL September 13,2010 1. Call to order The meeting was called to order by Mayor Rigby at 6:00 p.m. Members of City Council Present: Councilmembers Tommy Moser, John Zemanek, Mike Clausen, Chuck Engelken, John Black, Jay Martin, Mike Mosteit and Mayor Rigby Members of Council Absent: Daryl Leonard Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, John Joerns, Stacey Osborne and Melisa Boaze Legal: Clark Askins City Secretary's Office: Assistant City Secretary Sharon Harris Finance: Michael Dolby and Shelly Wolny Planning: Tim Tietjens, Debbie Wilmore, Masood Malik, Debbie Wilmore and Isaac Rodriguez Police Department: Chief Ken Adcox, Sherman Moore and Chris Paige Parks and Recreation: Public Works: Steve Gillett Golf: Alex Osmond Tax: Kathy Powell Emergency Management: Jeff Suggs Fire: Mike Boaze and Donald Ladd Purchasing: Jeanna Masterson Others Present: Adam Yanelli of the Bayshore Sun, Karen Rigby, Dave Turnquist, David Janda, Ted Powell, Shae Maness, Daivon Clark, Gasha Jones, Mark Schroeder, Nathan Adler, Joshua Lara, Gary Dunlap, Zack Hamilton, David Dudley, Sandra Ramos, Paula Swearingen, Herman Berges, Mike Cooksley, Carlos Martinez, Charlie Perry, Gail Martin, James Larson, Vicki Campise, Jeannie Zemanek, Dottie Kaminski, Phillip Hoot, Rick and Leslie Guzman. 2. The Invocation was given by Assistant City Attorney Clark Askins. 3. Councilman Jay Martin led the Pledge of Allegiance. 4. Presentations/Proclamations A. Proclamation - Mayor Rigby presented a proclamation to Don Hill and members of the Census Count Committee. Planning Director Tim Tietjens and City Planner Masood Malik presented a plaque to the Mayor and the City of La Porte from the Census Bureau. Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on September 13, 2010 2 B. Proclamation - Mayor Rigby presented a proclamation to Maria Trujillo Executive Director of the Houston Rescue and Restore Coalition proclaiming the week of September 18-26, 2010 as "Human Trafficking Awareness Week". 5. Consent agenda - Any item may be removed by a Council person for discussion. A. Consider approval or other action of minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council held on August 23, 2010 and minutes of the Special Called Regular Meeting held on September 7,2010 - M. Gillett B. Consider approval or other action of bid # 10026 for seventy-four (74) Year 2011 electric gold carts for the Bay Forest Golf Course - A. Osmond C. Consider approval or other action regarding a Resolution authorizing the sale of tax properties described as - Lot 5, Block 7, Pine Bluff; Lots 6 and 7, Block 46, Bay-front to La Porte; Lot 8, Block 294, Town of La Porte; Lots 56 and Tr. 16, Block 349, Town of La Porte; South ~ of Tr. 7, Block 50, Town of La Porte; Lot 26, Block 182, Town of La Porte; Lot 42 and Tr. 43, Block 24 (15ft. of lot 43), Bay-front to La Porte; Lots 1-3, Block 114, Town of La Porte - (Res. 2010-21) M. Dolby D. Consider approval or other action regarding an Ordinance amending Chapter 6 of the Code of Ordinances of the City of La Porte by approving an Alcohol Permit for "Smokes Wings", for use at 324 West Main Street (Ord. 1000-1-U) - M. Gillett Assistant City Attorney Clark Askins read the following ordinance caption: Ordinance 1000-1-U - AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, "ALCOHOLIC BEVERAGES", SECTION 6-78, "LOCATION OF SALES, PERMIT" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA IN THE CITY WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD IN ASSOCIATION WITH THE OPERATION OF A RESTAURANT, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilmember Enqelken to approve the consent aqenda as presented. Second bv Councilmember Clausen. Motion carried. Ayes: Engelken, Martin, Moser, Zemanek, Clausen, Mosteit, Black, and Mayor Rigby Nays: None Abstain: None Absent: Leonard 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on September 13, 2010 3 Ted Powell-1700 Roscoe - addressed Council regarding agenda items 10, 12, and 15. Mr. Powell is against items 10 and 12 but is in favor of item 15 that would allow citizens to address Council before any action is taken on consent agenda items. Kathryn Aguilar - 3119 Fondren addressed Council with concerns regarding the City of La Porte's 2010-2011 Fiscal Year Proposed Budget. Vickie Campise 1902 Roscoe - addressed Council with concerns of available parking space downtown La Porte with business created in the opening of Smokes Wings at 324 W.Main. 7. Public Hearing - Council to discuss City of La Porte 2010-2011 Fiscal Year Proposed Budget - M. Dolby Mayor Rigby opened the Public Hearing at 6:25 p.m. Finance Director Michael Dolby presented summary and recommendation and answered Councils' questions. Public Input: Phillip Hoot - 927 Seabreeze addressed Council regarding his concerns with the increase of property tax and solid waste fees. Recommendation of Staff - Council to adopt Fiscal Year 2010-2011 Proposed Budget. Mayor Rigby closed the Public Hearing at 7:00 p.m. 8. Council to consider approval of other action regarding an Ordinance approving and adopting the Budget for the City of La Porte, Texas for the period of October 1, 2010 through September 30, 2011 - (Ord. 3270) - M. Dolby Assistant City Attorney Clark Askins read Ordinance 3270, AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2010 THROUGH SEPTEMBER 30,2011; 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. Motion was made by Councilmember EnQelken to approve Ordinance 3270 as presented by Mr. Dolby. Second by Councilmember Mosteit. Motion carried. Ayes: Engelken, Martin, Moser, Zemanek, Clausen, Black, Mosteit and Mayor Rigby Nays: None Abstain: None Absent: Leonard Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on September 13, 2010 4 9. Council to consider approval or other action regarding a Resolution ratifying the projected increase in property tax revenues collected as reflected in the FY 2010-2011 Budget (Res. 2010-22) - M. Dolby Finance Director Michael Dolby presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Resolution 2010-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE RATIFYING THE PROPERTY TAX REVENUE INCREASE REFLECTED IN THE FISCAL YEAR 2010-2011 BUDGET, IN ACCORDANCE WITH SECTION 102.007 (C) OF THE TEXAS LOCAL GOVERNMENT CODE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Clausen to approve Resolution 2010-22 as presented by Mr. Dolby. A second by Councilmember Black. Motion carried. Ayes: Engelken, Martin, Moser, Zemanek, Clausen, Black, Mosteit and Mayor Rigby Nays: None Abstain: None Absent: Leonard 10. Council to consider approval or other action regarding an Ordinance amending Appendix - A "Fees", Chapter 58 of the Code of Ordinances by increasing monthly Residential Dwelling Solid Waste fee (Ord. 3271) - M. Dolby Finance Director Michael Dolby presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3271 - AN ORDINANCE AMENDING "APPENDIX A, FEES," OF THE CODE OF ORDINANCES OF THE CITY OF LAPORTE, BY INCREASING RESIDENTIAL DWELLING MONTHLY SOLID WASTE FEE BY $1.50, TO $16.50, CONTAINING A REPEALING CLAUSE, 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 Ordinance 3271 as presented by Mr. Dolby. A second by Councilmember Black. Motion carried. Ayes: Engelken, Martin, Clausen, Black, Mosteit and Mayor Rigby Nays: Zemanek and Moser Abstain: None Absent: Leonard 11. Consider approval or other action regarding a Resolution for acceptance of the Harris County Certified Tax Appraisal RolI- (Res. 2010-23) - M. Dolby Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on September 13, 2010 5 Finance Director Michael Dolby presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Resolution 2010-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2010 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT Motion was made by Councilmember EnQelken to approve Resolution 2010-23 as presented by Mr. Dolby. A second by Councilmember Clausen. Motion carried. Ayes: Engelken, Martin, Moser, Zemanek, Clausen, Black, Mosteit and Mayor Rigby Nays: None Abstain: None Absent: Leonard 12. Consider approval or other action regarding an Ordinance establishing the Tax Rate for the 2010-2011 Fiscal Year at $.71 cents for hundred dollar valuation - (Ord. 3272) - M. Dolby. Finance Director Michael Dolby presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3272 AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT; MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARING HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Clausen to approve Ordinance 3272 as presented by Mr. Dolby. A second by Councilmember Mosteit. Motion carried. Ayes: Engelken, Martin, Moser, Zemanek, Clausen, Black, Mosteit and Mayor Rigby Nays: None Abstain: None Absent: Leonard 13. Council to conduct Public Hearing to discuss recommendation of Planning and Zoning Commission for passage of an ordinance amending Chapter 106 "Zoning" of the Code of Ordinances by amending Sections 106-874 and 106-875, relating to on and off premise signs within the Main Street District/Main Street Overlay - T. Tietjens Mayor Rigby opened the Public Hearing at 7:11 p.m. Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on September 13, 2010 6 Planning Director Tim Tietjens presented summary and recommendation and answered Councils' questions. Public Input: Phillip Hoot 927 Seabreeze - addressed Council complimenting the work in preparation of the ordinance for Council action. Recommendation of Planning & Zoning Commission - Council to take action on favorable consideration of the proposed amendments related to on and off premise signs within the Main Street District/Overlay Mayor Rigby closed the Public Hearing at 7:28 p.m. 14. Consider approval or other action on recommendation of Planning and Zoning Commission to approve an Ordinance amending Chapter 106 of the Code of Ordinances by amending Sections 106-874 and 106-875, relating to on and off premise signs within the Main Street District/Main Street Overlay - (Ord. 3273) - T. Tietjens Motion was made bv Councilmember Moser to approve Ordinance 3273 as presented bv Mr. Tietiens. A second bv Councilmember Martin. Motion carried. Ayes: Engelken, Martin, Moser, Zemanek, Clausen, Black, Mosteit and Mayor Rigby Nays: None Abstain: None Absent: Leonard 15. Consider approval or other action regarding an Ordinance amending the La Porte City Council Procedure Ordinance - (Ord. 3274) - Mayor Rigby Mayor Rigby presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3274 AN ORDINANCE ESTABLISHING ORGANIZATION AND PROCEDURES FOR CITY COUNCIL MEETINGS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Council member Enoelken to approve Ordinance 3274 as presented by Mayor Rio by. A second by Councilmember Moser. Motion carried. Ayes: Engelken, Martin, Moser, Zemanek, Clausen, Black, Mosteit and Mayor Rigby Nays: None Abstain: None Absent: Leonard 16. Consider approval or other action regarding Resolutions authorizing the Harris County Constable's Office to hold a second public sale of tax properties described as - Lot 11 Block 1 Oakhurst Addition - (Res. 2010-24) and Tr. 20, Block 10, Sylvan Beach - (Res. 2010-25) - M. Dolby Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on September 13, 2010 7 Tax Manager Kathy Powell and Jason Bailey with Purdue, Brandon, Fielder, Collins & Matt LLP presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Resolution 2010-24 A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY (LOT 11 BLOCK 1 OAKHURST ADDITION) ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY Assistant City Attorney Clark Askins read Resolution 2010-25 A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY (TR 20 BLOCK 10 SYLVAN BEACH) ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY Motion was made by Councilmember Enqelken to approve Resolutions 24 and 25 as presented by Ms. Powell. A second by Councilmember Clausen. Motion carried. Ayes: Engelken, Martin, Moser, Zemanek, Clausen, Black, Mosteit and Mayor Rigby Nays: None Abstain: None Absent: Leonard 17. Consider approval or other action regarding an Ordinance approving the First Amended and Restated Service and Assessment Plan for the City of La Porte Lakes at Fairmont Greens Public Improvement District - (Ord. 3275) - J. Joerns Assistant City Manager John Joerns presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3275 AN ORDINANCE OF THE CITY COUNCIL OF LA PORTE, TEXAS APPROVING THE FIRST AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN FOR THE CITY OF LA PORTE LAKES AT FAIRMONT GREENS PUBLIC IMPROVEMENT DISTRICT; CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Motion was made by Councilmember Black to approve Ordinance 3275 as presented by Mr. Joerns. A second by Councilmember Mosteit. Motion carried. Ayes: Engelken, Martin, Moser, Zemanek, Clausen, Black, Mosteit and Mayor Rigby Nays: None Abstain: None Absent: Leonard 18. Close Regular Meeting and Open Workshop Meeting The Regular Meeting was closed and the Workshop Meeting was opened at 7:42 p.m. Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on September 13, 2010 8 A. Discuss mowing regulations - D. Wilmore Chief Building Official Debbie Wilmore discussed mowing regulations. Council directed staff to move forward with amendments to mowing regulations. Councilmember Zemanek requested Finance Director Michael Dolby to confirm any outstanding mowing fees of Harris County Flood Control District. B. Discuss appointments to City Boards and Commissions - Mayor Rigby Mayor Rigby discussed appointments to City Boards and Commissions. Mayor Rigby directed Assistant City Secretary Sharon Harris to forward applications to Council to review for possible consideration at the next Council Meeting. 19. Close Workshop Meeting and Open Regular Meeting Mayor Rigby closed Workshop Meeting and reconvened Regular Meeting at 8:01 p.m. 20. Receive Report from Fiscal Affairs Committee - Committee Member Chuck Engelken Chairman Engelken provided a report from the Fiscal Affairs Committee Meeting. Chairman Engelken also reported there would be a posting for a Fiscal Affairs Committee Meeting to be held on September 20, 2010 at 5:00 p.m. and possibly reconvening on September 21, 2010 also at 5:00 p.m. 21. Receive Monthly Drainage Report from Staff - T. Tietjens Planning Director Tim Tietjens provided the monthly Drainage Report. Councilman Mosteit requested Mr. Tietjens to contact Harris County Flood Control District and Precinct 2 to add cleaning and re-setting of culverts in the Lomax area to the project list. 22. Administrative Reports - R. Bottoms September 16, 2010 - Harris County Mayor and Council Dinner/Meeting - Jacinto City Town Center- 1025 Oates Rd. - Jacinto City - 6:30 p.m. - 9:00 p.m. September 25,2010 - Health and Safety Fair - La Porte Junior High School- 9:00 a. m.- 1 :00 p.m. Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on September 13, 2010 9 September 27,2010 - City Council Meeting - 6:00 p.m. September 29, 2010 - Salute to Industry Golf Tournament - Bay Forest Golf Course (2) tee times- 8:00 a.m. and 1 :00 p.m. October 26-29,2010 - Annual TML Conference and Exhibition - Corpus Christi, Texas 23. Council Comments: Martin, Moser, Black, Zemanek, Engelken, Clausen, and Mayor Rigby 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 24. Executive Session - pursuant to provision of the Open Meeting Law, Chapter 551, Texas Government Code, Sections 551.071 through 551.076, 551.087 (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or donation personnel matters, deliberation regarding security devices, or excluding a witness during examination of another witness in an investigation , deliberation regarding economic development negotiations) A. 551.074 (Personnel Matters) Discuss Employment and Lease Agreement between the City of La Porte and Alex Osmond for the Bay Forest Golf Course B. 551.071 (Pending or Contemplated Litigation) Discuss with City Attorney Port of Houston Council retired into Executive Session at 8:19 p.m. Council reconvened to Regular Meeting, Public Hearing and Workshop Meeting at 9: 12 p.m. 25. Consider approval or other action regarding an ordinance authorizing an employment and lease agreement between the City of La Porte and Alex Osmond for operation of the Bay Forest Golf Course - (Ord. 3276) - Mayor Rigby A motion was made by Council member Enaelken to authorize an employment and lease aareement between the City of La Porte and Alex Osmond for operation of the Bay Forest Golf Course. A second by Councilmember Moste;t. The motion carried. Ayes: Engelken, Martin, Moser, Clausen, Black, Zemanek, Mosteit and Mayor Rigby Nays: None Abstain: None Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on September 13, 2010 10 Absent: Leonard 26. Adjournment Being no further business, the meeting was duly adjourned at 9:13 p.m. Respectfully submitted, -ft1~ Sharon Harris, TRMC Assistant City Secretary this 27th day of September 2010. c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 13. 2010 Appropriation Requested By: Kathv Powell Source of Funds: Department: Finance Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Resolution Amount Requested: Exhibits: Deeds t Budgeted Item: (YES) NO Exhibits: Maps SUMMARY & RECOMMENDATION If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had these properties on our public resale list for more than an adequate amount of time and has received bids for the minimum bid amount set by the judgment or higher; at this time we are asking the city council to pass a resolution to approve the sale of these properties for the amount that was offered. P007 - Lot 5 Block 7 Pine Bluff - Offer $3,900.00 (Adjudged Value $4,900.00 Taxes+Cost $3,808.32) P067 - Lots 6 & 7 Block 46 Bayfront to La Porte - Offer $1,900.00 (Adjudged Value $1,900.00 Taxes+Cost $4,164.48) P114 - Lot 8 Block 294 Town of La Porte - Offer $5,500.00 (Adjudged Value $5,000.00 Taxes+Cost $7,839.91) P137 - Lot 15 & Tr 16 Block 349 Town of La Porte- Offer $7,500.00 (Adjudged Value $7,500.00 Taxes+Cost $10,090.19) P138 - South Yz ofTr 7 Block 50 Bayfront to La Porte - Offer $100.00 (Adjudged Value $100.00 Taxes+Cost $3,116.20) P145 - Lot 26 Block 182 Town of La Porte - Offer $7,370.00 (Adjudged Value $7,370.00 Taxes+Cost $12,091.51) P196 - Lot 42 & Tr 43 Block 24 (15ft of Lot 43) Bayfront to La Porte - Offer $4,400.00 (Adjudged Value $15,100.00 Taxes+Cost $4,395.96) P209 - Lots 1 - 3 Block 114 Town of La Porte - Offer $11,180.00 (Adjudged Value $8,200.00 Taxes+Cost $17,204.57) Action Required bv Council: r approval of the Resolutions authorizing the sale on the properties listed above. Date RESOLUTION 01- 2 1. RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the property; and WHEREAS it is necessary for various reasons that some of the property so obtained must be resold by the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and WHEREAS Section 34.05 of the Texas Property Tax Code requires that when real property is sold for less than the aggregate amount of taxes, penalties, interest and costs, the sale must be approved by all taxing units that tax the property; and WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit offers to purchase such real property and to secure the best offer for such property that is sufficient to pay at least the costs of suit and sale of such property; and WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units, for all taxes, penalties interest and costs that have accrued up to the date of resale BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, Section 1. That the City of La Porte, as Trustee, resells the real properties described in the attached Exhibit "A", for the amounts set for on said Exhibit "A", in full satisfaction of taxes, penalties, interest and costs that have accrued on the property up to the date of sale. Section 2. That the City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the offices of City of La Porte for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 13th day of September 2010. ATTEST: r Vl~cVttll(~L -nr Ma a Gillett, City Secretary D v APPR~'l~ Clark Askins, City Attorney cAOID.fLj RESOLUTION 01- . RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the propert'j; and WHEREAS it is necessary for various reasons that some of the property so obtained must be resold by the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and WHEREAS Section 34.05 of the Texas Property Tax Code requires that when real property is sold for less than the aggregate amount of taxes, penalties, interest and costs, the sale must be approved by all taxing units that tax the property; and WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit offers to purchase such real property and to secure the best offer for such property that is sufficient to pay at least the costs of suit and sale of such property; and WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units, for all taxes, penalties interest and costs that have accrued up to the date of resale BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, Section 1. That the City of La Porte, as Trustee, resells the real properties described in the attached Exhibit "A", for the amounts set for on said Exhibit "A", in full satisfaction of taxes, penalties, interest and costs that have accrued on the property up to the date of sale. Section 2. That the City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the offices of City of La Porte for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 13th day of September 2010. ~ K'5 ' Mayor APPROv;r ./ " ~r~ Clark Askins, City Attorney / ATTEST: Vft M&l{ ~ Ma}{ha Gillett, City Secretary EXHIBIT A TAX RESALE PROPERTY TO BE SOLD TRACT 1: Resale Property P007 Legal Description: Lot 5 Block 7 Pine Bluff HCAD #058-012-007-0005 Offer Amount: $3,900 TRACT 2: Resale Property P067 Legal Description: Lot 5 Block 46 Bayfront to La Porte HCAD#006-136-000-0005 Offer Amount: 1,900.00 TRACT 3: Resale Property Pl14 Legal Description: Lot 8 Block 294 Town of La Porte HCAD # 024-025-094-0008 Offer Amount: $5,500.00 TRACT 4: Resale Property P137 Legal Description: Lot 15 & Tr 16 Block 349 Town of La Porte HCAD #024-042-049-0015 Offer Amount: $7,500.00 TRACT 5: Resale Property P138 Legal Description: South Vz of Tr 7 Block 50 Bayfront to La Porte HCAD #006-140-000-0007 Offer Amount: $100.00 TRACT 6: Resale Property P145 Legal Description: Lot 26 Block 182 Town of La Porte HCAD #023-257-082-0026 Offer Amount: $7,370.00 TRACT 7: Resale Property P196 Legal Description: Lot 42 & Tr 43 Block 24 (15ft of Lot 43) Bayfront to La Porte HCAD #006-114-000-0042 Offer Amount: $4,400.00 TRACT 8: Resale Property P209 Legal Description: Lots 1 - 3 Town of La Porte HCAD #023-222-000-0001 Offer Amount: $11,180.00 TAX RESALE PROPERTY HeAD #: 0580120070005 Prooerty 10: P007 Leqal Descriotion: LT 5 BLK 7 PINE BLUFF 15 TAX RESALE PROPERTY HeAD #: 0061360000005 Prooertv ID: P067 Leaal Descriotion: LT 5 BLK 46 BAY FRONT TO LA PORTE 21 TAX RESALE PROPERTY HeAD #: 0240280940008 Property ID: P114 leqal Description: IT 8 BlK 294 LA PORTE 30 .. , J o 1II o f '-"'l , J ~-y . f'" .~' ,,,, . -'. I . ' . . . "':;--J-r--:--';-~'I '-_ ., -'---.i:L ,~ D . 1 . TAX RESALE PROPERTY HeAD #: 0240420490015 Property 10: P137 Leqal Description: LT 15 & TR 16 BLK 349 LA PORTE 37 TAX RESALE PROPERTY HeAD #: 0061400000007 Property ID: P138 Leaal Description: TR 7 BLK 50 S 1/2 OF LT 7 BAY FRONT TO LA PORTE 38 TAX RESALE PROPERTY HeAD #:0232570820026 Property ID: P145 Leaal Description: L T 26 BLK 182 LA PORTE 41 TAX RESALE PROPERTY HCAD#:0061140000042 ProDertvlD: P196 Leqal DescriDtion: LT 42 & TR 43 BLK 24 (15 FT OF LT 43) BAY FRONT TO LA PORTE 55 TAX RESALE PROPERTY HeAD #: 0232220000001 Property 10: P209 leoal Description: lTS 1 2 & 3 BlK 114 LA PORTE 60 EXHIBIT A TAX RESALE PROPERTY TO BE SOLD TRACT 1: Resale Property P007 Legal Description: Lot 5 Block 7 Pine Bluff HCAD #058-012-007-0005 Offer Amount: $3,900 TRACT 2: Resale Property P067 Legal Description: Lot 5 Block 46 Bayfront to La Porte HCAD#006-136-000-0005 Offer Amount: 1,900.00 TRACT 3: Resale Property P114 Legal Description: Lot 8 Block 294 Town of La Porte HCAD # 024-025-094-0008 Offer Amount: $5,500.00 TRACT 4: Resale Property P137 Legal Description: Lot 15 & Tr 16 Block 349 Town of La Porte HCAD #024-042-049-0015 Offer Amount: $7,500.00 TRACT 5: Resale Property P138 Legal Description: South ~ ofTr 7 Block 50 Bayfront to La Porte HCAD #006-140-000-0007 Offer Amount: $100.00 TRACT 6: Resale Property P145 Legal Description: Lot 26 Block 182 Town of La Porte HCAD #023-257-082-0026 Offer Amount: $7,370.00 TRACT 7: Resale Property P196 Legal Description: Lot 42 & Tr 43 Block 24 (15ft of Lot 43) Bayfront to La Porte HCAD #006-114-000-0042 Offer Amount: $4,400.00 TRACT 8: Resale Property P209 Legal Description: Lots 1 - 3 Town of La Porte HCAD #023-222-000-0001 Offer Amount: $11,180.00 Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) COUNTY OF HARRIS ~ ~ ~ TAX RESALE DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF HARRIS, acting by and through its duly elected officials ("GRANTOR") as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum ofTEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by MARIE LEWIS ("GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1991-38351, styled City of La Porte, La Porte Independent School District, the San Jacinto Community College District, and Harris County vs. Early Hamlett White, et al, said property being described as: LOT 5, BLOCK 7, PINE BLUFF, LYING AND SITUATED IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE REAL PROPERTY RECORDS OF HARRIS COUNTY. (ACCOUNT NUMBER 058-012-007-0005). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said MARIE LEWIS, her heirs and assigns forever, so that neither the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. P007 1 Grantee accepts the property in "AS IS, WHERE IS" condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, and the S~~~ OF TEXAS, COUNTY OF ~used these presents to be executed this 13 day of OW tf 2010. ACCEPTED: MARIE LEWIS THE STATE OF TEXAS ~ ~ ~ COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Louis Rigby, Mayor of the City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. " JA GIVEN UNDER MY HAND AND SEAL OF OFFICE this '~I day of Sp~bcU ,2010. I(i) SHARON HARRIS .., CommIUIoII ExpIm SIpltmbtr 12. 2013 6%~ ~UBLIC, in and for the STATE OF TEXAS My Commission Expires: ~ P007 2 COUNTY OF HARRIS ~ ~ ~ THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Marie Lewis, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2010. day of NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: After Recording Return To: Marie Lewis 14150 Wunderlich, Apt. 519 Houston, TX 77069 P007 3 Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) COUNTY OF HARRIS ~ ~ ~ TAX RESALE DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF HARRIS, acting by and through its duly elected officials ("GRANTOR") as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum ofTEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by ARTEMIO BARRAGAN AND Y AJAIRA ORNELAS ("GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1998-29661, styled City of La Porte, La Porte Independent School District, the San Jacinto Community College District, and Harris County vs. George Thornton, et al, said property being described as: LOT 5, BLOCK 46, BA YFRONT TO LA PORTE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 1, PAGE 53, MAP RECORDS OF HARRIS COUNTY, TEXAS, ALSO DESCRIBED IN VOLUME 771, PAGE 517 DEED RECORDS OF HARRIS COUNTY, TEXAS. (ACCOUNT NUMBER 006-136-000-0005). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said ARTEMIO BARRAGAN AND Y AJAIRA ORNELAS, their heirs and assigns forever, so that neither the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. P067 1 Grantee accepts the property in "AS IS, WHERE IS" condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, and the SJtTE OF TEXAS, COUNTY OF ~ caused these presents to be executed this J ~ day of b.ia?" 2010. L ACCEPTED: ARTEMIO BARRAGAN Y AJAIRA ORNELAS P067 2 COUNTY OF HARRIS ~ ~ ~ THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Louis Rigby, Mayor of the City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16 ~ day of ~be.1 ,2010. iW SHARON HARRIS My CommIssion ExpirII September 12.2013 'kW~ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ~ THE STATE OF TEXAS ~ ~ ~ COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Artemio Barragan, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2010. day of NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: P067 3 COUNTY OF HARRIS ~ ~ ~ THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Yajaira Ornelas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2010. day of NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: After Recording Return To: Artemio Barragan and Yajaira Ornelas 405 S. Nugent La Porte, TX 77571 P067 4 Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) COUNTY OF HARRIS ~ ~ ~ TAX RESALE DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF HARRIS, acting by and through its duly elected officials ("GRANTOR") as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum ofTEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by TIMOTHY HOLMES AND PATRICIA HOLMES ("GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1998-33069, styled City of La Porte, La Porte Independent School District, the San Jacinto Community College District, and Harris County vs. Joe V. Curry, et al, said property being described as: LOT 8, BLOCK 294, TOWN OF LA PORTE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS, ALSO DESCRIBED IN B548561 DEED RECORDS OF HARRIS COUNTY, TEXAS, AND COMMONLY DESCRIBED AS 911 SAN JACINTO, LA PORTE, TEXAS 77571. (ACCOUNT NUMBER 024-028-094-0008). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said TIMOTHYCHOLMES AND PATRICIA HOLMES, their heirs and assigns forever, so that neither the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. P114 1 Grantee accepts the property in "AS IS, WHERE IS" condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, and thc;..ST..A TE OF TEXAS, COUNTY OF ~ed these presents to be executed this J..:;rr I day of 2010. ACCEPTED: TIMOTHY HOLMES PATRICIA HOLMES P114 2 THE STATE OF TEXAS ~ ~ ~ COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Louis Rigby, Mayor of the City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ ,2010. r3~. day of - ....... ".., '.' ~CJ.}lch{.~ NOTARY PUBLIC, in and for the STATE OF TEXAS 2/- My Commission Expires: q I J IS ~ ""'.:r~\ ,\ ) , SHAH 'N HARRIS ~'~'I ;~()r!\fnISSlon Expim ,'.' f','nl'r.r 12.2013 THE STATE OF TEXAS ~ ~ ~ COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Timothy Holmes, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2010. day of NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: P114 3 THE STATE OF TEXAS ~ ~ ~ COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Patricia Holmes, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2010. day of NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: After Recording Return To: Timothy Holmes and Patricia Holmes 921 San Jacinto La Porte, TX 77571 P114 4 Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) COUNTY OF HARRIS ~ ~ ~ TAX RESALE DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF HARRIS, acting by and through its duly elected officials ("GRANTOR") as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum ofTEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by FRONTIER PORT PROPERTIES, LLC ("GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1998-58852, styled City of La Porte, La Porte Independent School District, the San Jacinto Community College District, and Harris County vs. Elizabeth C. Cherry, et al, said property being described as: LOTS 15 AND TR 16, BLOCK 349, TOWN OF LA PORTE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 725, PAGE 510, MAP RECORDS OF HARRIS COUNTY, TEXAS, SAVE AND EXCEPT A 20 FEET STRIP OFF THE SOUTH SIDE OF LOT 16, BLOCK 349, AS PARTICULARLY DESCRIBED IN E087600 DEED RECORDS OF HARRIS COUNTY, TEXAS. (ACCOUNT NUMBER 024-042-049-0015). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said FRONTIER PORT PROPERTIES, LLC its successors and assigns forever, so that neither the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF P137 1 HARRIS any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. Grantee accepts the property in "AS IS, WHERE IS" condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, and the~;rJ.\.TE OF TEXAS, COUNTY OF ~ ~ausc;d these presents to be executed this J~" day of ncu 2010. ACCEPTED: FRONTIER PORT PROPERTIES, LLC By: Glenn Wiseman, its Authorized Representative P137 2 COUNTY OF HARRIS ~ ~ ~ THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Louis Rigby, Mayor of the City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , 0'#\ day of 2010. e SHARON HARRIS My CommInIol ExpIra StplImber 12. 2013 ~JuhL~ Ju...U NO ARY PUBLIC, m and for the STATE OF TEXAS (}"hl/~ My Commission Expires: ~ COUNTY OF HARRIS ~ ~ ~ THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Glenn Wiseman, Manager of FRONTIER PORT PROPERTIES, LLC, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he is authorized to sign the foregoing instrument and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2010. day of NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: After Recording Return To: Frontier Port Properties, LLC 101 E. Barbours Cut Blvd. La Porte, TX 77571 P137 3 Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) COUNTY OF HARRIS ~ ~ ~ TAX RESALE DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF HARRIS, acting by and through its du1y elected officials ("GRANTOR") as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum ofTEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by GORDON BLACK AND ELSA BLACK ("GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1998-29660, styled City of La Porte, La Porte Independent School District, the San Jacinto Community College District, and Harris County vs. Seaboard Realty & Building Company, said property being described as: THE SOUTH ~ OF LOT 7, BLOCK 50, BAY FRONT ADDITION TO THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE COUNTY CLERK'S OF HARRIS COUNTY, TEXAS AND ALSO DESCRIBED IN VOLUME 751, PAGE 241, DEED RECORDS OF HARRIS COUNTY, TEXAS. (ACCOUNT NUMBER 006-140-000-0007). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regu1ations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GORDON BLACK AND ELSA BLACK, their heirs and assigns forever, so that neither the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF P138 1 HARRIS any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. Grantee accepts the property in "AS IS, WHERE IS" condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, and the _~TE OF TEXAS, COUNTY OF HARRI~ caused these presents to be execnted this J CT" day of s.e h.D-r 2010. ACCEPTED: GORDON BLACK ELSA BLACK P138 2 COUNTY OF HARRIS ~ ~ ~ THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Louis Rigby, Mayor of the City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. I~ day of GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~b~ ,2010. .'~""l'l, "'~/~"':.:, ,_1 I '--~ \ " -, ,.. I I SHARON HARRIS Mv Sommission expires S~t::ember 12.2013 ~tUPl~ NO ARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ~ COUNTY OF HARRIS ~ ~ ~ THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Gordon Black, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , 2010. day of NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: P138 3 COUNTY OF HARRIS ~ ~ ~ THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Elsa Black, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2010. day of NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: After Recording Return To: Gordon Black and Elsa Black 328 Falk Ave. La Porte, TX 77571 P138 4 Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) COUNTY OF HARRIS ~ ~ ~ TAX RESALE DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF HARRIS, acting by and through its du1y elected officials ("GRANTOR") as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum ofTEN DOLLARS AND 00/1 00 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by I & J Properties, Inc. ("GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 2001-02459, styled City of La Porte, La Porte Independent School District, the San Jacinto Community College District, and Harris County vs. Robert L. Biaza, et al, said property being described as: LOT 26, BLOCK 182 OF THE TOWN OF LA PORTE IN HARRIS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 725, PAGE 209, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, AND COMMONLY DESCRIBED AS 213 E. MAIN STREET, LA PORTE, TEXAS 77571. (ACCOUNT NUMBER 023-247-082-0026). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regu1ations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said 1& J PROPERTIES, INC. its successors and assigns forever, so that neither the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. P145 1 Grantee accepts the property in "AS IS, WHERE IS" condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, and the S~ OF TEXAS, COUNTY OF ~~~ese ~;;:;;ts to be executed this /5 day of ACCEPTED: 1& J PROPERTIES, INC. By: Robert Steadman, its Authorized Representative P145 2 COUNTY OF HARRIS ~ ~ ~ THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Louis Rigby, Mayor of the City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this b2r 2010. ''b'+h day of SHARON HARRIS My CommI.1loft ExpIre. September 12. 2013 ~mtl~W NO ARY PUBLIC, m and for the STATE OF TEXAS My Commission Expires: ql,Jtj 13 , COUNTY OF HARRIS ~ ~ ~ THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Robert Steadman, President ofl & J PROPERTIES, INC., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he is authorized to sign the foregoing instrument and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2010. day of NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: After Recording Return To: 1& J Properties, Inc. P. O. Box 512 Seabrook, TX 77586 P145 3 Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver"s license number (Language pursuant section 11.008 of the Texas Property Code) COUNTY OF HARRIS ~ ~ ~ TAX RESALE DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF HARRIS, acting by and through its duly elected officials ("GRANTOR") as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum ofTEN DOLLARS AND 001100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by DAVID GAAR ("GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 2002-38833, styled City of La Porte, La Porte Independent School District, the San Jacinto Community College District, and Harris County vs. Marceldine Madenwald, said property being described as: LOT 42 AND 15 FEET OF LOT 43, BLOCK 24, OF BAY FRONT TO LA PORTE, AN ADDITION IN HARRIS COUNTY, TEXAS, MORE P ARTICULARL Y DESCRIBED IN A DEED FILED IN THE REAL PROPERTY RECORDS OF HARRIS COUNTY, TEXAS UNDER CLERK'S FILE NUMBER M985658, AND COMMONLY DESCRIBED AS 734 S. BLACKWELL STREET, LA PORTE, TEXAS 77571. (ACCOUNT NUMBER 006-114-000-0042). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said DAVID GAAR, his heirs and assigns forever, so that neither the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. P196 Grantee accepts the property in "AS IS, WHERE IS" condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, and the S~TE OF TEXAS, COUNTY OF ~ ~ these presents to be executed this I'?) day of 2010. ACCEPTED: DAVID GAAR COUNTY OF HARRIS ~ ~ ~ THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Louis Rigby, Mayor of the City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2010. day of NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: P196 COUNTY OF HARRIS ~ ~ ~ THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared David Gaar, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2010. day of NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: After Recording Return To: David Gaar 742 S. Blackwell La Porte, TX 77571 P196 Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) THE STATE OF TEXAS ~ ~ ~ TAX RESALE DEED COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF HARRIS, acting by and through its duly elected officials ("GRANTOR") as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum ofTEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by MATTHEW MARTINEZ ("GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 2003-55660, styled City of La Porte, La Porte Independent School District, the San Jacinto Community College District, and Harris County vs. Lou Ann Gaskin Methvin, et al, said property being described as: LOTS 1,2, AND 3, IN BLOCK 114, OF THE TOWN OF LA PORTE, IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY, TO WHICH REFERENCE IS MADE FOR ALL PURPOSES, LA PORTE, TEXAS 77571. (ACCOUNT NUMBER 023-222-000-0001). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said MATTHEW MARTINEZ, his heirs and assigns forever, so that neither the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. P209 Grantee accepts the property in "AS IS, WHERE IS" condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, and the...sr.ATE OF TEXAS, COUNTY OF ~ caused these presents to be executed this I r ~ day of ~ 2010. L ACCEPTED: MATTHEW MARTINEZ THE STATE OF TEXAS 9 9 9 COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Louis Rigby, Mayor of the City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2008. day of NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: P209 COUNTY OF HARRIS ~ ~ ~ THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Matthew Martinez, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , 2008. day of NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: After Recording Return To: Matthew Martinez 108 McCarty Lane Apt 1 La Porte, TX 77571 P209 L-- D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Budeet Requested By: Source of Funds: Department: City Sel:retuy Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budgeted Item: N/A Exhibits SUMMARY & RECOMMENDATION Ordinance 1000-1-U if approved, would allow a new applicant to sell beer and/or wine at Smokes Wings. The City has processed the new application and it meets Code of Ordinance regulation on past due taxes, liens, municipal court fines, police investigation and inspections. It is recommended City Council approve 1000-1-U granting an alcohol permit to Smokes Wings. Action Required bv Council: er approval of ordinance 1000-1- U "/~ 1m Date ORDINANCE NO. 1000-1-U AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, RALCOHOLIC BEVERAGESR, SECTION 6-78, RLOCATION OF SALES, PERMIT., OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA IN THE CITY WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD IN ASSOCIATION WITH THE OPERATION OF A RESTAURANT, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte has, in Chapter 6 of the Code of Ordinances of the City of La Porte, regulated the location, closing hours, and sale of wine and/or beer on premises in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 et seq; WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the locations at which wine and/or beer may be sold in the City for on premises consumption in association with the operation of a restaurant, and further expressly identifies the names of establishments and permit holders authorized to sell wine and/or beer under the terms of said Code; WHEREAS, a new applicant desires to sell wine and/or beer for consumption on the premises in association with the operation of a restaurant at a location not previously permitted in Chapter 6 of the Code of Ordinances of the City of La Porte; WHEREAS, the City has, pursuant to the terms of said Code, made its investigation to ascertain whether said new applicant has qualified for a beer and/or wine permit from the City; and WHEREAS, the City has determined that the new applicant qualifies for a beer and/or wine permit from the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 6, "Alcoholic Beverages", Article III, "Beer and Wine", Section 6-78, "Location of sales; permit", of the Code of Ordinances of the City of La Porte is hereby amended by granting a new permit for the operation of a restaurant, as defined in said Code, at the following location, which permit shall be personal to the applicant and non-transferable, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including other provisions of this Ordinance and the Code of Ordinances of the City of La Porte: STREET ADDRESS OF PROPERTY: 324 West Main street La Porte, TX 77571 LEGAL DESCRIPTION OF PROPERTY: Lots 11 and 12, Block 58 La Porte, Harris County, Texas PROPERTY OWNER: J.J. Meza NAME OF APPLICANT: Gasha Jones ADDRESS OF APPLICANT: 9801 W. Fairmont Parkway #603 La Porte, TX 77571 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Smoke's Wings Section 2. Chapter 6, "Alcoholic Beverages", Article III, "Beer and Wine", section 6-78, "Location of sales; permit", shall be so amended by adding in proper numerical sequence, the following site description: "(19) Lots 11 and 12, Block 58, La Porte" Section 3. It is the intent of the City Council of the City of La Porte that this Ordinance merely permit the sale of wine and/or beer during the hours set by the general laws of the State of Texas by retailers selling wine and/or beer for consumption on premises at the locations established in section 1 of this Ordinance. This Ordinance is not an attempt to create zoning or other land use rights in property owners at said location, such that the provisions of Chapter 106 of the Code of Ordinances of the City of La Porte, the City of La Porte Zoning Ordinance, together 2 with all amendments thereto (as such provisions impose standards on premises or businesses within the City of La Porte, regardless of whether such business or premises are required to have a license or permit under the Texas Alcoholic Beverage Code) govern and supersede the provisions of this Ordinance, in the event of a conflict between this Ordinance and the provisions of the zoning Ordinance and amendments thereto. This application for wine and/or beer for consumption on premises shall be sUbject to the provisions of: a. The Texas Alcoholic Beverage Code; b. Chapter 6 of the Code of Ordinances of the City of La Porte; c. This Ordinance insofar as this conflict with the provisions of Beverage Code; and Ordinance does not the Texas Alcoholic d. The zoning Ordinance of the City of La Porte, and all amendments thereto, as such provisions apply to all businesses within the City of La Porte, regardless of whether or not such businesses are required to obtain a license or permit under the provisions of the Texas Alcoholic Beverage Code. Section 4. 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 5. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was 3 posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this I~~day of ~010. By: ATTEST: ~CtMlt~~ ar a A. Gillett City Secretary tY1 A~: Cnark-~i:r ~ Assistant City Attorney 4 7/8 \ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Sentember 13. 2010 Annronriation Requested By: Michael G. Dolby, CPA Source of Funds: N/A Department: Finance Account Number: N/A Report: Resolution: Ordinance: Amount Budgeted: N/A Exhibits: Notice of Public Hearing Amount Requested: N I A Exhibits: Presentation for Public Hearinl! Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION On July 26t\ Council approved that a Public Hearing for the Fiscal Year 2010-2011 Proposed Budget be held on Monday, September 13, 2009, at the regularly scheduled Council meeting, which begins at 6:00 p.m. The City Council held budget workshops on August 9 through August 11, 2009 to discuss proposed budgets for the fiscal year beginning October 1,2010 and ending September 30,2011. The following presentation summarizes the result of the workshops held with City Council. All changes made by Council were incorporated into the various budgets. These changes include: Compounding Merit $40,000 added for the Northside Housing Project $360,000 added for Bulk heading at the Golf Course $175,000 added for Sector 23 Street Paving In addition, $8,400 has been added to the Hotel/Motel Fund Proposed Budget for the Hotel/Motel Audits to be conducted by Muni Services. This service has identified $71,298 in additional revenues for the City. Due to the consolidation of the two divisions in this fund, the omission of this item was unnoticed when the proposed budget was submitted to Council. ~ Itj Itb Date The Bl~)re Sun 'i:~;,~y;lf Sen'illg Tlte B(lyshare Area Sf/Ice /947 chandise sdays r fess and are 'mify per week, RUOai 00A\'l F~'flt'll 'f'leIsedlltlj'tUldN fl~l'.IfhW!~s. .lnltoe meld ,ntrl'llC>ll /ll'.!rlli/J <lldll't rn/ll'li'q d l<,ro, !l!t ~11~~mSI1Hll'.rnillilbP.rytol'illlll~oI01tC~lil'9JOd roStW1. 'lbdlim\l11~~j!lt,~~M1M!ill(ol!ld~WI. oe receiVed al 1M Pur- chaslngOlfice, 2963 N. 23rd Street, La Porte, TX n571 until 2:00 p.m. Thursdav. September 9. 2ll.1!l Proposals \'I'~I ba opened and namas publicly raad ;rl 1116 Public Works up. slairs trainIng room Imme. diately aller the closlng hour for the proposals co said date. An elevator is not available. Please oGllteel Purchasing al ?61.470-5126 if accom- modations are needed. NO LATE PROPOSALS WILL BE CONSIDERED Forms furnished by the City 01 la I'llrta may ba obtained \\ithout deposit lrom: City 01 La Porte Purchasing Dlvlstoo 2963 N 23rd 5\(eal La Porle, TX nS71 (281) 470.5126 Prolposals will b'l openlld so a$ to avoid disdosura at centenls to coolpeling 'llterors and kept secrel <luring the process 01 oe- ~oti<lllon. All proposals ,hall ba opeo (or public insoection all&! contmel ,Wiard. Trade ~ocrels and .;cnfidenllal or proprietary nfonnallon, so noled in orooosal. shall 1101 be ()pAn for publIc lnspec. tic,n. A requested pre-bld m~eling \',ill be held at Seabreeza Park, located at 1300 Bayshore Drive, La Porle. TX 77571 00 \V4dnesd~ S~ptember 1. 2010 all0:00 ~,m. The City 01 La f'<lrte l1ereby nolifies aU otferors :ha( in regard 10 any ~grl)emml entered Into cur$uant to thrs adVertlse- ;llani. minority busroess .nrarOnsaS 'I.W be al. !crded equal opportunities 10 submit proposals In re. ,COOs;l to this In~ilaUon a'nd will not lie discrimi- nated againsl on the grcunds of raea. coior. S<iX, ag~, rel!gion or na. tienal orIgin in coosldera. IIc-ll tor an award. DRYWALL PAINTING. One day service. Vlli! fiX any hores. cracks. ete. Cheaper than yoil tnlnlt Always Guaranleed. Dwayne. 281-470-6267 anytime. DiDonato ROl}ling llntl Complete Home Repail's ',i Soil/liON fOI allyouT Jltttlr' Roo ling'Remodeling Repair-Fencillg Interior & Exterior Fn~e Estimates 281 ~995~ 2033 m.d.one53 (~y31l<'". <mIl SPECIAL REMODELING free Estimates, Sheetrock, Carpentry, Roofing, Painting, Home Leveling/ Concrete, PlumbIng/ ElectricIan, CeJamlc Cell 2IH-221.8361 Home Work Handyman Service r.el Us /)0 All Of YOllr "Home ll1:Jrk" Pain1ing'Sheclwork Carpenlry . Tile' Sidinll RClI1lldcting . Ruollng 'Fences . Deck~ Free Estimates 281.796.8171 936-334-1428 Tractor lVlowing Quality Work The City reserves the 1\,'., " h, ,....... ,'n ",co ~.~I ~~~ PIANO LESSONS Arc Fun For Everyone! BCC0.:b-~-SJlool openings I'(lila/){e For Ages ll-Aduhs 281.479.3004 ~~~=-~t;:l EMPLOYMENT 109 Help Needed Drivers Wanted! CI'met Operator Pesillons Avail. able . End l)(Implllulk Ta. Ilor '2.61.693.4587 Child Care Assitant Director La Petite Al'lldcmy is st.'Cking an cX~lienccd A~sishlOl Director for our La POlle school. Mo.<! be IS+ w/CDJ\ &: 1 Yf exp. Resumes 10: c!,ulton@ k3rniD~'lI\'gn~!p.wrn ('311248.691.9260. 1'3.\: 24H.697.9006 !iOB SPA C MMED1ATELY DIspatcher needed ork (otallng shills able conlraclor. Ap lieant must bave Igh school diploma e flexible, have goo ommllnlcaUon skllls ompuler knoWledg nd must be mum.las rlenled. Musl!xl abl o pass a crimina aekground check an rug screen urinalysis Please cal 81-842-3401 o( la our resume I 6t-842-3443. 110 em loymenl agencies. Superintendent needed for local Construction Company 10 - 15 Years Experience Apply in Person 111 N: Broadway Protect Manager: 118 Garage Sales GARAGE SALE 11814 AVE. P LOMA.X. ARM Fri & Sat 9/3 & 9/4 7 A.lvI - 2PM Furniture, Computer Monitor, Roller Toolbox. Clothing & ~lore IN HOUSE AND YARD SA) Ji 5109 Mcadow Crest Fri & Sat 8/3 & 8/4 8:00 AM Women's Clothes sizes 10 to 20l FUl11iturc and Household Items MOVING SALE Shady River 3102 Lazy Pine Sal & Sun 9/4 & 9/5 8:nOAM - 3:00PM FlIlllilllre. Kih:hen Wure & 1\.!isc 2 FAMILY GARAGE SALE 901 So. 2nd Fri & Sat 8AM Motorcycle Gem'. Furniture. Small Appliances, Clollies, Chd:mnas Decor & TOQIs 119 Pets BAY AREA EXOTIC PETS 'Your One Stop Pet Shop' We earn' more /lul1I iust exo/ics 1124 S. Broadway 281-470.8959 ENGLISH T....T...'I" T r---,,-,,", WEDNESDAY, SEPTEMBER 1,2010 · Page 11 123 Miscellaneous PRICE OF SILVER IS GOING UP!!! MORGAN SILVER DOLLARS 1878 -1902 $39.95 Each Limited Supply Will Delivcr Locally 832-276.6546 REAL ES'1WfE RENT/LEASE 308 Apartments Town Apartments Furnished Efficiencies and one bedrooms. Some utilities paid NO PETS Inquire at: 121 South Iowa; Apt. 4 or 210 South Iowa . La Porte 6an SYLVAN BEACH APARTMENTS Itl 1.0 Pone NKWLY REMODELlWI!! BRAND Nl';"V, CENTRAL AIR & HE...\T September Filial Monlh fill' !\llN:ial Reduced Rates 2 lledrooms Starting at $450 $0 Appliclltioll Fee $0 Deposit Sun~ R~~lridjl!Jl..~ Arpl~'!~l CnlllJONNA 281-842-8183 309 Duplexes 1 Bedroom 1 Bath on 4-plcx -Near Waler- Quiet Neighborhood NO PETS $550/Monlh 713.878-0674 310 HOllses 311 Townhomes 3-2-2 TOWNHOUSE in nice <lul! quiet <lrea $1095 Month $1095 Deposit Mastel' Bedroom down wilh Ullllppllullces NO PETS 281.788-5238 313 Commercial FOR LEASE Office Space 410 E. Fairmollt (.4C11155 f111/1l IJigh Sc!Mol) Great Location 2 Offices 7500 sq. fl. and 1200 sg. ft. Could Be Combincd Call 281-326-1237 or 903-856-5492 - FOR SALE 315 Lots for Sale. acre. partill looded, cleared LO ,lith utilities a'lallabl ready for a n6W build. l ted en Shore Acre Blvd. UNtTEOTEXAS REALTORS, agenl D.Florance. 713-444-0620. $44,900. 317 Homes for Sale HOMES OWNER FINANCED, CALL TODAY TO PRE.QUAL- IFY AT 888.558-7422 ZERO DOWN RB135917 FINANe YOUR LAN 'SOO DEPOSIT TERM NEGOTIABL 36-336.7127 :.::: YEHICLJ<:.S ': ......^ . . _ _ ..t___ - ,'" WE STATE OF TEXAS) COUNTY OF HARRIS) erTY OF LA PORTE) (" NOTICE OF PUBLIC '( HEARING 'I Notlce Is hereby gil'en thaI 1M City CouncR of li1e Cily of La Polla Will holl! a PubliC Hearing On the 131h d.1y ot Septom. tier 2.010. in the Ceuncil Cfl'ambers of the CKy Hall. 604 West Falrmotll ~ark\Yay, La POJta, Texas; beginrung al 6:00 P.M. The purpose 01 thia liearing 1$ 10 plovlde cll/. lena the opporlunity to wmmenl on 1119 <JWraJI tlod~t. :! This budget ....111 false more rotal property faxes t,han last years budgel by 51,684.232.00. or 12.~. lj is not knewn ar this rime What porllon of this amount Won bo raised I(om new property added to Illa laJc roa this year be. causa the cellilied lRX + rQlls ara nol yet available r~m Ihe Harris County !'-pprlllsaIOls/tk;L ~~ ~ha Clly 0/ La Porla, must, by Chartar require- ment, adept ils ascal Qudgel by September 30, ~010. Willlln lhirty da:ys thereafter. copIes 01 lhe a~optad budgel will be avilUable for puMa in. speedon and cOpyln9 at fhe 0,"00 or llJa City Se<;- ietary. Cily Hall. 604 1:'/6s1 falfm0l11 PalllWay. La Porte. Texas. and tha ~a Porta Community U. brary. 600 South Broad. \{'lIy. La POIIa. Texas, (jurIng normal business hours. cijy OF LA POATE Marlha A. Gulelt, TAMe. 9ity S~cretary , ......(' ~~ P;U6lfC NonCE P.URSUANT TO CHAP. ~ER 59 TEXAS PROP. ERTY CODE, PUBLIC ~UCTlON Wilt BE H.ElD ON SEPTEM8ER 11. 2010. ,\T l1:00AM. AJ. ACCESS SELF ~TORAGE, 4400 UN. QEAWOOD RD.. LA HaRTE, TEXAS. 77571 Xo SATISFY A LAND- CORO'S LIEN. PROP- ~RTY WIll BE SOLD To 'fHE HIGHEST BIDDER F,OR CASH. PROPERTY ~ONSISTS OF HOUSE. l:i.QlD GOODS, APPLI- ANCES. AND fURNI- lURE. ACCESS sELF STORAGE RESERVES illE RIGHT TO REFUSE ANY BIDS. ACCESS ~ElF STORAGE RE. ~ERvES THE RIGHT TO TAKE ANY OF THES!: ~NITS OUT OF THE iWCTION. TENANt Ul:llrS TO BE AUC- TiONED ARE: ~~~ 384 GINA MOORE :~i??ePt arrf 0(<1. or part the reo I, which in lI1e epin. ion at 1M GUy Counc;l. Is f/l{)st alNantageolfs to Ihe City 01 La Porta. in case of amhiguity or lack of clearness in sta~ng tha prices In the cld. lhe City reselvas lire rig hi to CCII' sIder Ihe 'most advanla. geous bid lMIsol or 10 ra- jeel the bid. CITY OF LA PORTE NOTICE TO BIDDERS SEALED BID #S1oo00' St\ll;, OF 81.00 t\CI\l'S ON BAY AREA BLVD. Tha CIly oj La POlle Is reo ceiving; sealed bids for the sale 01 an 81 Ae1e Iracl 01 land IronUng on Say Area 80u1$vard in rhe Bayport industrial Dlslrict, Sealed bids and all accompany. ing inlormation shall be Sllomltted Includlng one (1) mamed oriQlnal and one (1) dupllcal9 on Ihe original forms and clearly marke<! with bid numlJer and desorlp- lion. Bids Will b9 Ie- ceived at Ille PurC/1aslng offica 2963 ,/1. 23rd Streel,' La POItI1, TX ' 77671 IIntll 5:00 p.m. Mandav. November 8. 1Q1Q, The bids ....;11 be opened anI! publicly lead ill Ihu Publtc Works upslaits tralnfng 1OOIl1 Imm9(j\ateJy aner Ihe dosing hoor lor the brds on saId data. All elevalor Is not available. Please contacl purchas. ing al 2.81-470-5t26 II ae. GOI1lm<XIallo/1s are needed. NO tATE BIDS WlLl BE CONSIDERED Intormalion regarding the seal~1I bid procllSS and bId pacllages may ba ob. talned from Iho OfllCBS 01 CUshmen & Wa!ttl!Tekl . 1330 Posl oak BNd.. Suite 270(1, HOlJslon. TexaS,7705&3Q54 or by CIlInng. John F. WIman. SIOR, MAl or Kefrey B. Parker, III, SIOR 713.an-1700 A wcbsite wlJl be sel uo by Cushman & Wakefield 10 allow a due m:ig;!nce review 01 propilrty fnfor- malioo prior 10 tM bid. ding. Access 10 the wel). Site or physical Inspection 01 Ihe prOperly will be ar- langed and managed bJl Cushman 8. Wakeneld. Ci~1 of La Polie hereby notifies all bidders Ihat in regard' to any aQrnamen! entared Into pursuant (0 Ihls advertisement. minor. "Iy husiness enierprises will w altordell equal cp- porluni!ies to subnlil bids in res pense 10 this invita- lilln alK! wJI not be dis. crimina led a!'lalnst on the grOlJnds 01 race. color. sex. ago. religion or na- lional ollgin in rolls1Gera. lion for an award, The bMs \\111 ba opened and publicly read in tna Public WOIks ups!ails training mOIll lmrrooiately after the clOsifl9 hour for lha bids on said data. ,\n elevator is nol aveilable. Please contacl Purchas- ~ng at 281.470.5t26 if ac. eommodation9 ara needed. No lata bids will be ~oneld9red BIDDING DOCUMENTS: The B/do!ng Documents ara on me lor Inspoc1lon af lhe olffce 01 (he ENGI- NEER, Klotz Associ. ales. fnc. 1160 Vafry Ashford. Suire 500. HOllston. TX 77flli. and al Ihe l..1 Porte City IJil1J. EngIneering Offlce. 6f)4 IV. Falrmont Pkwy.. [II Portl). TX 77!iT/. OIOOING OOCUMENTS; Copies at !he blCkling documenfs may be ot>- talnw. Klotz Msocl'1ta Inc. 1160 Dairy Ashford. sulfa 500. Hous/on. T)( 77079. {or $SO. nol re- fundable (di'JI/BI copies will be made available via ftp sire to clan h9lJ!: Il& The Cily 0/ la Porle herebY nollfies all bIdders IIlaI In regard 10 any agreemenl enlereil Into pUrliuanl to fills adverl/sG- menl. n~notity business enterprises Will be al. forded equal oPPOl1uniUes to submfl bids fn ra' sponse to thJs Invrtation and wiY not ba discl/nli- natad against on lhe grounds of raca, cO'or, St!ll, age. lellgion 01 na- tional orlgn in consldera. tlon rOI an award Bidders are ~ 10 allend a pi'e.brcl confer. anre Ie be held in IIle LA Perle Public \Yorks Of. f{CfJ. 2963 N. 23rd Slreet. La Porle. TX 77!iTt. on 2;OOpm. Wedlle~dilJ!: Sell/ember /5, 2Q1g, Cashle(s Check. eelliUed Ched<. or acc!lplabla Bid Bond, p~vaC!e 11;1 City of La Porte In an amount not less then 5% or l/1e max;- mum BId prlca submillatl. mUSI acccmpany eaCi! Bid as guarantee Ihat. if aVla{(ted ij-.o Contfilcl. IlIe Bidder \'~11 within tilleen (15) calendar days of aVlard of Ccnlracl enler 'nto a Ccntracf and exe. cula BOnda CI1 the forms provided In Ule Contlact Dccuments. The sllccosstul Bidder musl furnIsh PERFORf.-l. ANCE af1<l PAYMENT BONDS cn the forms fur. nishe<l \\':th UliJ BIDDING OC;CUMt:1HS, In rhe amount or 100% of the 10- tat ConllQC\ prIce. Tlls City reserlas the rigJ1t to reject any and/or all b\ds. 10 wal~a any and all tachnk:.1iities and 10 accept any bld or pari thereof. which in Ihe opin- ion ol Ihe cily cooneil, is most advanrageous to Ihe ....~.... .... .....-- .. --.....---,.., ....._lO't ~... ..........,. ,...., ..........".... Inspeclion . aller .:ontract award. TeRde secrets and col)/ldentlal or proprielary inlormsliol1, So noted in proposal. shall nol be open ror publlo IllsplN:. lion, A requeste<l pra-b!d meeting \~ill he held al Seabr~ze Park, localed at tMO Baysllord Dr~'e. La Perle. TX 77571 on W4dneSdav Stlpt,m~i[ !. 2010 al10:oo a.m, The Ci~1 0' La Porte hereby nolilies all oflerors !/lal in regara 10 any agreem9llt entered Into pursuant ro lIlis ect{erUSe. ment, ,"nollly business enterprisas will ba af. forded equal oppollunitles 10 submit proposals In reo spor1so 10 this Ir,vllaUon and will not be discrimi. nated against on the grounds of raea. color, sex. age. reijgfofl or fla. lIonal origin In cooskler<l,. 1I/lf110r an awa/a. Tha City reserves tha rlghl to reject any 3nllfor all proposa Is. tQ walva any and aU lechnica~lles and to accepl any pro~ posal or pall l~ere<Jl. Which In the opinron of the GUy COuncil. is most ad- vanlageous 10 !he City. In case of ambfguily or ladl 01 dearnes3 in slating lITe prices In the PloposaJ. Ilia Cily reselves the rlgM to coos//.'er Iha most advarr- lageou3 proposal thereot or to reject f/1e proposal. SHOULD THE CITY HIRE AN ENGINEER HELPER FOR $79,OOO'? YES OR NO www.l31Jorlepol/s.com 103 Services JACK'S HANDY,MAN SERVICE LeI II/e hal/dIe <Ill )"orrr lIame . ""pllirsJ.lII! · Tile' Wood ~ fenr:,iug · J.alllllllllc Hoorltl <' · CeiJin\! Fnns . Doors · PairllJlIg · Pavers · Pressure Wasl!ing · Lawn MowlIlg and Much More Calf for rOJ,," fnl'dlfOlt'/'! 281~229~8900 .I:l~k~nlllJllhm@)':lhoo.(om Housekeeping & Landscaping LnwlIITIowing. mukh~ iug, hirmni liS Ilf bush~s & trees "lid \\'~,'dil1" Of/aliff llark II'itl,c Electrician, C'erarrl\c Cell 281.221.8361 Home Work Handyman Service t.!!l Us Da till OfYollr "HOl]fe !t}/(k" Painting. Shetlwvrk Cntpellfry . T1I1l' Sidillll Relllodctlllg . Rooting Fences . Dec,k~ Free Estimates 281 ~796~8171 936-334-1428 Tractor Mowing Quality Work Marty Carnes 281-389-8506 HOUSE CLEANING Honest WId DepeueJable. Free Estimate. C/large by t/le house Weekly or every two weeks. LonglCrIll Commillllenf CalJ 281.415.6243 Please J .cave Messuge OREA'S LAWN SERVICE S'If\RTTNG CiP $20 MOW. TRIM, EDGE, LANDSCAPINO. FE~CES & fERTILIZE QIfC1li~1' Curs Hrir Prices LUIS 281.839.9.312 DEN 832.455.3619 104 Child Care CHILD CARE In My Home Weekdays 7AM - 5:30 PM Hmlv,lcals & Snacks Fcncc(l Yard 2~ yrs Expedcnce Refcrcllees Availuble 713~447-3769 CHILD CARE AT HOME IN LA PORTE -LICENSED- 1\<1 ~ F 281-470-7381 Superintm needed for Consh'uc , . CompUl 10- ISY, Experiel Apply in P, 111 N. Beo, C COR: mme<llate Op~n oeal growing cl La Porle. Pall illon. AcUv'! Togram for a' ~aln res ponslb Ireellng adull oordinaling olh fe programs slabllshe<l. n<! Qftlce, S Uma 10 ~ i$ aCI 61.471-0303 Project Manager: vise mecbank:al ong. projects dBslgnllBsUrepalr, cr lurbomachlner POMllls (incl. 9 turbIne compOMnl preSSQ"'. cenlli("l ial, screw re( hot gas i)Xpande IrilugaVplunger gear boxes, Ci m:xets, venlilators ers). util. e~p. bonlachlnelY componenls. lor rQtordynamic/a namla metallurgical element stUdIes. rompllance VII r&qs. Internat loll ~/og. Reqs: MS cat Eng. or ro!atet expo 01 BS 5 VIS Job in la Porte, ca lis, ApPly: lallurlresumel rqrmls. emil'lOrelJit@svlzer.c Re Parsons H is acceptil ;llJplicilliotls /, Experienced New Higher V and Ikneli Please <lpply wi 8727 n~ FaJrmou 281-478-0000 UGl Unlcco Is Iter provider 0 raled taeltilies ces. Our salVto' nclude. . dist uUlllng main HVAC, electrIcal. roducllon hd oustodlal I or Fortuna SOO hro\lghoul Ihe l anacla. e ar<l cUI/entry fig ex~rienc9d jal Handlers lor ollnt In La Por e successful 8/26/201011:57 AM City of La Porte Public Hearing September 13, 2010 Changes from City Council Budget Workshops Compounding Merit (no lump sum) $360,000 for Bulk Heading at Golf Course ($180kfrom General Fund and $180kfrom 4B Fund) $40,000 for Northside Housing Project $175,000 for Sector 23 Street Paving (4B Project) $8,400 in Hotel/Motel for Hotel Audits Deletion of $5,000 for "scoreboard" in City Council division Deletion of $1,450 from GIS division for printing of map 9/9/2010 12:59 PM 2 Budget Highlights for Fiscal Year 2011 No increase in property tax rate Incorporates golf course and IT departments into the General Fund Fund employee pay plan (merit - 3% funding pool) Additional $400,000 from City; no additional cost to employees for health care $1.8 mil transfer to "pay down" department costs for vehicle lease fees - next 3 yrs Utilize fund balance to prefund Fire Station #1 replacement Overall employee workforce increased by one new residential solid waste worker Capital projects of $5.3 million Vehicle replacement of $1.9 million Establishes an increase of $1.50/month in the residential solid waste fee 8/26/2010 11 :57 AM 3 Expenditure Assumptions Merit - 3% funding pool Health Insurance - City contribution ($7206) plus $400,000 transfer TMRS rate - 16.72% (increased from 15.80% or $374,425) Electrical- 3% increase over current year estimate Gas - 5% increase over current year estimate Computer Lease Fees - 36% decrease Vehicle Lease Fees - 11 % decrease resulting from $1.8 million "pay down" ($600,OOO/year over 3 years) 8/26/2010 11 :57 AM 4 Capital Improvement Funds 8% Internal Service Funds 11% 8/26/201011:57 AM Expenditures - All Funds Debt Service Funds 7% General Fund 53% Enterprise Funds 13% Other Governmental Funds 8% 5 Consolidated Summary of All Funds (In millions) Working Working Capital FY 10-11 FY 10-11 Capital 09/30/10 Revenues Expenses 09/30/11 General Fund 11.00 36.72 36.72 11.00 Special Revenue 4.11 5.43 5.39 4.15 Enterprise 3.63 9.17 8.95 3.85 Internal Service 7.41 6.81 7.95 6.28 Capital Improvement 3.96 3.34 5.55 1.74 Debt Service 3.41 4.69 4.52 3.58 All Funds 33.53 66.16 69.08 30.61 8/26/201011:57 AM 6 Revenues - All Funds (In millions) Actual Budget Revised Requested Description 2008-09 2009-10 2009-10 201 D-1I General Property Taxes 15.48 15.60 17.98 17.90 Franchise Fees 2.21 2.22 2.19 2.18 Sales Taxes 5.18 5.06 5.02 5.02 Industrial Payments 10.55 8.94 10.72 10.26 Other Taxes 0.61 0.52 0.50 0.50 License & Permits 0.64 0.60 0.52 0.57 Fines & Forfeits 1.83 1.58 1.83 1.75 Charges for Services &.09 8.54 9.09 7.37 Parks & Recreation 0.26 0.21 0.23 0.24 Recreation & Fitness Center 0.19 0.20 0.19 0.19 Employee Health Service 3.28 3.69 3.65 3.63 Water Revenue 5.48 5.96 5.52 5.75 Wastewater Revenue 3.36 3.61 3.38 3.44 Intergovernmental 4.87 1.94 1.42 0.53 Miscellaneous 0.24 0.03 0.05 0.04 Operating Transfers 15.74 6.35 11.94 5.66 Other Financing Sources 0.86 0.83 2.14 0.79 Bond Proceeds 8.73 6.27 Interest 0.76 0.48 0.38 0.34 Grand Total All Revenue 79.63 75.09 82.99 66.16 8/26/201011:57 AM 7 8/26/2010 11 :57 AM Employee Positions - Citywide Personnel Growth 500 450 400 350 300 250 200 150 100 50 o FY 06-07 70 385 FY 07-08 75 381 FY 08-09 75 382 FY 09-10 75 380 FY 10-11 75 381 8 200 180 160 ] 140 5.. c<:l u 120 eo Ei -t: ~ 100 "-< 0 on ~ 80 Cl 60 40 20 8/26/201011:57 AM General Fund Days of Working Capital 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Projected 2011 9 General Fund Revenue Sources Where the Money Comes From . TotalRevenues $36,721,763 8/26/201011 :57 AM . General Property Taxes (37%) DFranchise Taxes (6%) o Sales Tax (8%) . Industrial Payments (27%) . Other Taxes (<1%) . License & Pennits (2%) III Fines & Forfeits (5%) . Charges for Services (10%) . Parks & Reereation(<I%) DRee & Fitness Center (<1%) .Intergovernmental (<I %) .Miscellaneous (<1%) . Operating Transfers (I %) . Interest Income (< 1 %) 10 General Fund Revenues Revenues: Actual Budget Es timate d Projected Percent (in millions) 2008-09 2009-10 2009-10 2010-11 Change General Property Taxes 13.436 12.022 13.615 13.490 12.21% Franchise Taxes 2.160 2.151 2.113 2.175 I.l2% Sales Taxes 2.959 2.893 2.866 2.866 -0.92% Industrial Payments 10.292 8.719 10.453 10.000 14.69"10 Other Taxes 0.091 0.086 0.088 0.089 3.60%. Licenses & Permits 0.642 0.602 0.515 0.570 -5.31% Fines Forfeits 1.668 1.524 1.687 1.692 11.06% Charges for Services 3.692 3.771 3.589 3.732 -1.04% Parks & Recreation 0.258 0.206 0.233 0.241 16.85% Recreation & Fitness 0.190 0.202 0.193 0.193 -4.24% Golf Course 1.069 Intergovernmental 0.002 0.004 0.002 0.002 -42.86% Miscellaneous 0.187 0.030 0.042 0.042 40.00% Operating Transfers 0.722 0.460 0.460 0.397 -13.69"10 Interest 0.274 0.225 0.163 0.163 -27.78% Total Revenues 36.573 32.894 36.020 36.722 11.64% 8/26/201011:57 AM * Budget to Budget 11 14,000,000 13,000,000 12,000,000 11,000,000 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 8/26/2010 11 :57 AM General Fund Revenues In Lieu of Taxes & Ad Valorem Taxes In Lieu of Taxes Ad ValoremTaxes -Actual 2007-08 - Actual 2008-09 o Budget 2009-10 o Revised 2009-10 - Projected 2010-11 12 Property Tax Rate* Last Ten Fiscal Years 0.80 0.70 0.60 0.50 0.40 0.30 0.20 0.10 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 E!] General Fund E!] Debt Service *Council has not raised in 22 years 13 8/26/2010 11 :57 AM What you get for your tax dollars Average Home Value - $115,953* City taxes paid by average household per year - $658.61 Per month - $54.88 to support these city services: · 24 hour Police Protection · 24 hour Emergency Medical Services · 24 hour Fire Protection · Animal Control services · Maintenance of all public streets (211 miles of paved streets) · Park facilities including softball fields (23 parks with a total of 193 acres) · Recreational facilities & activities · Building Inspections & permitting services · Code Enforcement Services 8/26/2010 11 :57 AM *Based on 2009 average home value with 20% homestead exemption. *($0.711$100 Valuation) 14 8/26/2010 11:57 AM Industrial Payments Historical Trends Budget Projection Actual Variance 2002 6,431,250 6,701,082 269,832 2003 7,439,337 7,093,854 (345,483) 2004 7,179,487 6,896,112 (283,375) 2005 6,601,049 6,991,926 390,877 2006 6,534,372 7,371,287 836,915 2007 6,836,257 7,987,846 1,151,589 2008 7,500,000 7,759,647 259,647 2009 9,860,078 10,181,383 321,305 2010 8,718,883 10,453,311 1,734,428 2011 10,000,000 15 General Fund Revenues Sales Tax, Franchise Taxes, Residential Solidwaste and Interest 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 Sales Taxes Franchise Fees Residential Solid Waste Interest Income · Actual 2007-08 · Revised 2009-10 !li Projected 2010-11 · Actual 2008-09 Budget 2009-10 8/26/2010 11 :57 AM 16 8/26/2010 11 :57 AM General Fund Emergency Services Police Administration Finance Public Works Parks & Recreation Planning & Engineering 17 Expenditures by Activity ~ PARKS 11% PLANNING 6% . EMERGENCY SERVICES 12% il1lI NON- DEPARTMENTAL 12% . POLICE 27% PUBLIC WORKS 14% .. FINANCE 4% iii GOLF COURSE . ADMINISTRATION 3% 11% 8/26/2010 11 :57 AM 18 General Fund Expenditures Expenditures: Actual Budget Estimated Projected Percent * (in miUions) 2008-09 2009-10 2009-10 2010-11 Change Emergency Services 4.0 4.5 4.3 4.5 1.29<'10 Police 8.9 10.0 9.7 10.0 -0.20% Golf Course 1.3 Administration 2.7 2.7 2.7 3.9 48.20% Finance 1.4 1.5 1.5 1.4 -4.44% Non-Departmental 9.6 3.3 9.5 4.6 36.70% Public Works 4.8 5.1 4.8 5.0 -2.71% Parks 3.8 3.8 3.7 4.0 4.14% Planning 1.8 2.0 1.9 2.1 2.45% Total Expenditures 37.0 32.9 38.0 36.7 11.64% *Budget to Budget 8/26/2010 II :57 AM 19 Utility Fund Water Production Water Distribution Wastewater Collection Wastewater Treatment 1-Jtilit)T l3illin~ Non-Departmental 8/26/2010 11 :57 AM 20 200 150 100 ] .~ 50 u bI) S ~ ~ '- o ~ ~ 2002 o (50) (100) (150) 8/26/2010 11 :57 AM Utility Fund Days of Working Capital 2003 2006 2007 Projected ,. 20ll , i 21 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 Utility Fund Comparison Revenues vs. Expenses Actual 2007 -08 Actual 2008-09 Budget 2009-10 Revised 2009-10 Projected 2010-11 CJ Revenues . Expenses 8/26/2010 11 :57 AM 22 4.50 4.00 3.50 '" l:l 3.00 Q :3 's 2.50 .S 2.00 ~ :I l:l 1.50 ~ ~ 1.00 0.50 Water & Sewer Sales Trends Actual Actual Budget Revised Projected 2007-08 2008-09 2009-10 2009-10 2010-1 I . Water Sales 4.14 3.85 4.09 3.86 3.90 . Wastewater Sales 3.48 3.14 3.48 3.25 3.32 8/26/201011:57 AM 23 8/2612010 11 :57 AM Other Enterprise Funds Airport Fund La Porte Area Water Authority 24 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 8/26/2010 11 :57 AM Airport Fund Comparison Revenues vs. Expenses Actual 2006-07 Actual 2007-08 Actual 2008-09 Estimated 2009-10 Projected 2010-11 C Revenues CJ Expenses 25 La Porte Area Water Authority Comparison Revenues vs. Expenses 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 Actual 2006-07 Actual 2007-08 Actual 2008-09 Estimated 2009-10 Projected 2010-11 C Revenues o Expenses 8/26/201011:57 AM 26 Internal Service Funds Motor Pool Fund Maintenance Replacement Insurance Fund Employee Health Services Risk Division Technology Fund Replacement 8/26/201011:57 AM 27 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 8/26/2010 11 :57 AM Motor Pool Fund Comparison Revenues vs. Expenses Actual 2006-07 Actual 2007-08 Actual 2008-09 Estimated 2009-10 Projected 2010-11 II Revenues Cl Exp enses 28 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 8/26/201011:57 AM Insurance Fund Comparison Revenues vs. Expenses Actual 2006-07 Actual 2007 -08 Actual 2008-09 Projected 2010-11 Estimated 2009-10 Cl Revenues [Ej Expenses 29 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 Technology Fund Comparison Revenues vs. Expenses Actual 2006-07 Actual 2007-08 Actual 2008-09 Estimated 2009-10 Projected 2010-11 III Revenues E3 Expenses 8/26/2010 11 :57 AM 30 Special Revenue Funds Grant Fund Street Maintenance Sales Tax Fund Community Investment Fund Hotel/Motel Occupancy Tax Section 4 B Economic Development Sales Tax TIRZ Fund 8/26/201011:57 AM 31 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 8/26/2010 11 :57 AM Grant Fund Comparison Revenues vs. Expenditures Actual 2006-07 Actual 2007-08 Actual 2008-09 Estimated 2009-10 Projected 2010-11 . Revenues . Expenditures 32 Street Maintenance Sales Tax Fund Comparison Revenues vs. Expenditures 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 Actual 2006-07 Actual 2007-08 Actual 2008-09 Estimated 2009-10 Projected 2010-11 8/26/201011:57AM 33 II Revenues II Expenditures Community Investment Fund Comparison Revenues vs. Expenditures 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 8/26/201011 :57 AM Actual 2006-07 Actual 2007-08 Actual 2008-09 Estimated 2009-10 Projected 2010-11 . Revenues . Expenditures 34 HotellMotel Occupancy Tax Fund Comparison Revenues vs. Expenditures 600,000 500,000 400,000 300,000 200,000 100,000 8/26/201011:57 AM Actual 2006-07 Actual 2007-08 Actual 2008-09 Estimated 2009-10 Projected 2010-11 . Revenues . Expenditures 35 Section 4B Economic Development Sales Tax Fund Comparison Revenues vs. Expenditures 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 8/26/201011:57 AM Actual 2006-07 Actual 2007-08 Actual 2008-09 Estimated 2009-10 Projected 20ID-II .. Revenues .. Expenditures 36 TIRZ Fund Fiscal Year 2010-11 Proposed Budget Estimated Balance 9/30/10: $ 505,982 Revenues: 2,000,750 Expenditures: L919.,250 Ending Balance 9/30/11: $ 587,482 8/26/2010 11 :57 AM 37 Capital Improvement Projects Summary (In millions) Working Working Capital FY 10-11 FY 10-11 Capital Capital Improvement: 09/30/10 Revenues Expenses 09/30/11 General CIP Fund 1.23 2.15 2.39 0.99 Utility CIP Fund 0.60 0.60 1.02 0.18 Sewer Rehabilitation 0.05 0.30 0.35 0.00 Drainage Improvement Fund 0.27 0.27 0.27 0.27 1998 GO Bond Fund 0.02 0.02 2004 C/O Bond Fund 0.70 0.55 0.15 2005 GO Bond Fund (0.07) (0.07) 2006 C/O Bond Fund (0.29) (0.29) 2006 GO Bond Fund 0.09 0.09 2007 C/O Bond Fund 0.94 0.65 0.30 201 0 C/O Bond Fund 0.01 0.01 0.02 Other Infrastructure 0.42 0.01 0.33 0.10 Total Capital Improvement 3.96 3.34 5.55* 1.74 *Includes elP contingencies. 8/26/2010 11 :57 AM 38 Capital Improvement Projects List Communications Tower (Fund 015) Design of Station # 1 (Fund 015) Phone System Upgrade (Fund 015) Exchange Upgrade (Fund 015) Network Monitoring (Solarwinds) (Fund 015) Whelen Tower (Fund 015) Wireless Camera and Mesh Project (Fund 015) Concrete Street Restoration (Fund 015) Public Works Facility Rehab - Phase IV (Fund 015) City Wide Sidewalk Replacement (Fund 015) City Wide Wheelchair Ramp/InfiIl Sidewalk (Fund 015) 8/26/2010 11 :57 AM $ 208,000 250,000 70,000 50,000 35,000 18,000 85,000 30,000 12,000 50,000 50,000 39 Capital Improvement Projects List (cont'd) Concrete Street Program - Phase I (Fund 015) Utility Equipment Replacement -Waste Water (Fund 003) In-House Waterline Replacement (Fund 003) Lift Station #37 Rehabilitation (Fund 003) Main Street Waterline Replacement (Fund 003) Utility Equipment Replacement (Fund 003) 25th Street Water Well Improvements (Fund 003) Annual Sewer Rehabilitation (Fund 018) Drainage Improvements (Fund 019) Concrete Streets (Fund 033) Bay Area Boulevard Waterline Extension - Spencer to Fairmont (Fund 044) $ 120,000 50,000 30,000 550,000 100,000 40,000 200,000 345,000 270,000 700,000 550,000 8/26/2010 1I:57 AM 40 Capital Improvement Projects List (cont'd) Grand Total $ 200,000 289,442 66,000 30,000 30,000 300,000 360,000 40,000 175,000 $ 5,303,442 RFC Trail (Fund 015) Parking Lot Repaving - LCB Park & Brookglen Park (Fund 015) Lomax Arena Roof (Fund 015) TPW Bathroom Access (Fund 015) Trail Striping - E St and Driftwood (Fund 005) Sens Road Trail (Fund 005) Bulk Heading at Golf Course (Fund 015 & Fund 038) Northside Housing Project (Fund 015) District 23 Street Paving (Fund 038) 8/26/201011:57 AM 41 Debt Service Summary (In millions) Working Working Capital FY 10-11 FY 10-11 Capital 09/30/10 Revenues Expenses 09/30/11 Debt Service: General 2.98 3.69 3.52 3.16 Utility 0.37 0.31 0.32 0.37 La Porte Area Water Authority 0.06 0.69 0.69 0.06 Total De bt Se rvice 3.41 4.69 4.52 3.58 8/26/201011:57 AM 42 Questions? 8/26/2010 11 :57 AM 43 Agenda Date Requested: September 13, 2010 REQUEST FOR CITY COUNCIL AGENDA ITEM Avvrovriation Source of Funds: N/ A Requested By: Michael Dolby, CPA Account Number: N/A Department: Finance Report: xx Amount Budgeted: N/A Resolution: Ordinance: Exhibits: Copy of Public Hearing Notice Budgeted Item: YES Amount Requested: N/A NO Exhibits: Ordinance Exhibits: SUMMARY & RECOMMENDATION The City Council held budget workshops on August 9 through August 11, 2009 to discuss proposed budgets for the fiscal year beginning October 1, 2010 and ending September 30, 2011. The Summary of Funds, which is shown below, represents the result of the workshops held with City Council. changes made by Council were incorporated into the various budgets. Revised 2010 $ 38,000,205 1,673,971 700,000 332,700 400,238 1,659,830 3,220,018 7,640,439 14,668 859,175 1,301,989 1,920,824 4,762,183 1,134,256 14,770,485 493,681 372,907 o 1,141,714 100,747 531,385 369,293 2,727,353 243,591 859,407 6,265,000 808,350 3,225,343 556,383 682,434 $96,768,569 General Fund Grant Fund Street Maintenance Sales Tax Fund Community Investment Hotel/Motel Occupancy Tax La Porte Development Corporation Tax Increment Reinvestment Zone Utility 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 2004 Certificates of Obligation Bond Fund 2005 Certificates of Obligation Bond Fund 2006 Certificates of Obligation Bond Fund 2006 General Obligation Bond Fund 2007 Certificates of Obligation Bond Fund 2010 Certificates of Obligation Bond Fund Transportation & Other Infrastructure Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service Total of All Funds There is no change in the Tax Rate, which has remained constant for the last twenty-two years. AIl Proposed 2011 $36,721,763 831,499 700,000 351,000 373,519 1,215,599 1,919,250 7,885,956 22,068 1,040,920 o 3,043,7'? 4,903,465 o 2,388,442 1,020,000 345,000 270,000 o o 550,000 o o o 647,184 o 330,000 3,516,576 316,496 689,488 $69,081,973 Action Required bv Council: Conduct Public Hearing Adopt Ordinance approving Fiscal Year 2010-11 Proposed Budget. Ron Bottoms, if)' Manager j Is J.> Date ORDINANCE NO. 10- '8~ '70 AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2010 THROUGH SEPTEMBER 30,2011; 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, 2010, through September 30, 2011, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 26, 2010, and a public hearing scheduled for September 13, 2010 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and incorporated hereto by reference, is hereby adopted as the Budget for the said City of La Porte, Texas, for the period of October 1, 2010, through September 30, 2011. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 13th day of September, 2010. ATTEST: )i't".j,?\ '........:.....,...."..;- .'..,........1.. The Bijjdre Sun .'.;"":cJ.",'1 Ser,'illg Tlte BrIJsh{lre Area Sf/Ice 1947 chandJse sdays r fess and aTe 'roily peT week. RfPCRTEm:~U~'It'll .f'luledll(I'i"Sa<ltl!"'~d1111~IS. .~, tI:o/ mdcl ~6~l1I!! Jli.llililj /lids tll! rneri'q d "'&:I, n~ li,1~'1;SIll;;r.rni$Iil~\oI'~11l,~o/O~ l'!.t!)ilOO roSt-m .lbd~'<1~b;lk\~!tt11((;~I'~ill(<<!Id~'liQI\ oe recaived al the Pur- chaslngOmco. 2963 N. 23rd SIreet, La Porle, IX 71571 onm 2:00 p.m. Thursday. Seplember 9, W.!l ProllOSals \'I'~I bll opened amI namas publicly read ;rl Ihe Public Works up. slairs trainIng /0001 Imme. diately aller lhe clos!11lJ hour for Ihe proposals 00 said date. An elevalor is not a'lsilable. Please cenlael P\Jrchasmg al ?61.470.5126 if accam. mooalions are needed. NO LATE PROPOSALS WILL BE CONSIDERED Forms furnIshed by the City 01 La Porte may be oblalned \\itholl! deposil 'rom: Clly of La Porte Purchasing Dlvlsloo 2963 N 23rd Streel La Porle, TX nS71 {231} 470.5126 Proposals will bil openell so as to <ll'OId disdosura 01 ccntenls 10 competing .,fferors and kepi secrel (juring Ihe process of ne- golillllon. All proposals ,hall be open {or pUb!lc insoection aller contmct ,mind. Trade secrets and ~cnfidenUal or proprietalY nformation. 50 noled in OroDOSal. . shall nol be ~pp.n for puhllo Inspec. lion. A requesled pre-bld mee~ng ",ill be held at Seabreeza Park, located at 1300 Baysllorll Drive. La Porle, TX 77571 00 \Vadnes<l~y september 1.2010 all0:00 a.m. The City of la Pmle herebl' notifies aU alterors \Oal in regard 10 any ~gleemml entered Into cursu_nl to this amoe,lIse- ;nani. minority business 'lnlelorisos ~,~II be af. forded equal opportunities 10 submit preposals In Ie. ,eonse to this In~itaUon a;ld will 00\ be discrimi- nated against on the grcunds ot raca. color. S~~. age. religioll or no. tienal origin in coosldera. limlor ail/WIard. DRYWALL PAINTING- One day service. IMII rix any holes, era(ks, ele. Cheaper than 'Iou think. Always GUllIanleed. Dwayne, 261-470.6267 ~nytimo. DiDonato Roofing ami Complete Hom~ Repairs "t SOil/lion fOl al/youI JlmI,' Rooling.Remodeling Repair.Fencing Interior & Exterior Free Estimates 281 ~995-2()33 ul.:W.on,,-53@yal](K).cmn SPECIAL REMODELING Free Estimates, Sheetrock, Carpentry, Roofing, Painting, Home Leveling, Concrete, plumbing, Electrician, Ceramic Cell 2IH-221-8361 Home Work Handyman Service I.et Us Do 1\11 Of YOIlr "Home Work" P;,;n!ing'Sbcclwork Carpcnlr)' , Tile' Sltliull Remodeling'Roollng Fences ' Deck~ Free Estimates 281-796-8171 936-334-1428 Tractor Nlowing Quality Work The City r~S~fV~$ thEt ~/Jf'l...t'l rn'''l''\oC'' ~~ PIANO LESSONS Arc Fun For Evcryonc! BCCk:~iO:~&JiOOI openings I'ailable For Ages 8-Adulls 281-479-3004 t::tr::-:-.I::-=:l"': -oe-:;l EMPLOYMgNT 109 Help Needed Drivols Wanted! O,'mer Operator Positions Avall. abl~ . End Dump/Bulk Ta. Iler 261.693.4587 Child Care Assitant Director La Petlle Academy is s.-cking an exp.:lienccd A~sistllnt Dir~ctor for OUt La POlle school. Must be 18+ w/eD/\ & 1 yr <:xp. Resumes In: c!lunon@kJmin~'lll.'glIJI'p.rom Call 248.697.9260. 1'..,: 248.697.9006 EOB . SPA C MMED1ATELY Dlspatoher needed lark (olallng shlll& able eonlra~IO(. Ap Ileanl musl have Igh school diploma e flexible, have goo ommunreallon skllls ompuler knowledg nd must be mum'las rlenled, Musl ~ abl () pass a crimina aekground che<:k an rug screen urinalysis Please cal 81-842-3401 or fa our resume I 81-842.3443. No enl roymenl agencfes. Superintendent needed for local Construction Company 10 - 15 Years Experience Apply in Person 111 N: Broadway . C I E 1 mmediale Opening fo oeal growing church I Porle. Pari lime po lIion. AcUve musl rogram for all ages If~'n responsibility I Jreeling adull enol oordinating olher mu Ie programs alrea slabUshed. Sala nd offl(G. Send r ume 10 kalh .ash ~ Con act phon 81-471.()303 Prcjecl Manager: 118 Garage Sales GARAGE SALE 11814 AVE. P LOMAX AREA Fri & Sat 913 & 9/4 71\.lvl- 2PM Furniture, Computer Monitor, Roller Toolbox, CloUling & ~tore IN HOUSE AND YARD SALE 5109 Mcadow Crcsl Fri & Sal 8/3 & 8/4 8;00 AM Women's Clothes size~ 10 to 20, FUl11iturc and Household Ilems MOVING SALE Shady River 3102 Lazy Pine Sat & Sun 9/4 & 9/5 8:00AM - 3:00PM FUlllill1fe. Kill;hen Ware &. Mise 2 FAMILY GARAGE SALE 901 So. 2nd Fri & Sat 8AM Motorcyclc Gem', Furniture, Small Appliances, Clothes, C!lri:>llnas Decor &TQQls 119 Pets BAY AREA EXOTIC PETS 'Your One Stop Pet Shop' We earn: more thall illst exotics 1124 S. Broadway 281-470-8959 ENGLISH ~"'T T'I' T ~r."," WEDNESDAY, SEPTEMBER 1,2010 · Page 11 123 Miscellaneous PRICE OF SILVER IS GOING UP!!! MORGAN SILVER DOLLARS 1878 - 1902 $39.95 Each Limited Supply Will Deliver Locally 832~ 1.7 6-6546 REAL ESTNrE RENT/LEASE 308 Apartments Town Apartments Furnished Efficiencies and one bedrooms. Some utilities paid NO PETS [nquire at: 121 South Iowa; Apt. 4 or21O South Iowa . La Porte 8an SYLVAN IlEACH APARTMENTS III I.a Porte NE'WLY REMODELED!!! BRAND NKW- CENTRAL AIR & l-IE1-\T ~t':pl(~mher Filial Month fi)I'Special Reduced Rales 2 lledrooms Slarling al $450 $0 Appliclltioll Fee $0 Deposit Sun~ R~!1Jktilms Apphm CnlllJONNA 281-842-8183 309 Duplexes 1 Bedroom 1 Bath on 4-plcx -Near Waler- Quiet Neighborhood NO PETS $550/Monlh 713-878-0674 310 Houses 311 Townhomes 3-2-2 TOWNHOUSE in nice "nu quiet area $1095 Montll $1095 Deposit Master Bedroom down wilh al/appllaJlces NO PETS 281-788-5238 313 Commercial FOR LEASE Office Space 410 E. Fairmont (.1cll1ss fll1111 IJigh Sc"lIOl) Greal Locntion 2 Offices 7500 sq. fl, and l200 sq. ft. Could Be Combined Call 281-326.1237 or 903-856-5492 - FORSALE 315 Lots for Sale. aera. partia coded. cleared LO .Iith oliliUes a'lallabl ready for a new build. L ated cn SlIole Acre Blvd. UNITEOTEXAS EALTOAS, agenl .FloranclJ. 713-444.0620. $44.900. 317 Homes for Sale HOMES OWNER FINANCED, CALL TODAYTO PRE-QUAL- IFY AT 033.550-7422 ZERO DOWN RB135911 FINANe YOUR LAN 'soo DEPOSIT TERM NEGOTlA8l 36.336.7127 ",-: VEHICLJ.:S . AI"""'" . .. _ _ ~~__ ...;.?:.r.: UIE STATE OF TEXAS) COUNTY OF HARRIS) en-v OF LA PORTE) {""' NOTICE OF PUBLIC .( HEARING ) Nollce 13 he(eb'/ Siven l\'al lhe City C(lunc~ of ll1a City 01 La Polla Will hold a Publ1<: Hearing on the 131h day of Septem. tier aOl0. in the Ccuncil Cfl'ambers oJ tha CKy l1all. 604 Wesl Falrll\Ol\l ~alk\'lay. La POlla. Texas; beginning at 6:00 p.M., The purposa 01 this ~earin\l Is to provlde clll. zens the opjlOllunity to Ciomrl1ent on the weraJl Qudljel. '! Tilts budget Will rals;) more lotal property taxes than last years budgel by 51.664.232.00. or 12.~.. II is not Mown al this rime Whal portion or this amounl Wi' bQ raised llom new property added to lIIe lAX roa this year be. cause Ihe cerliffed lax + rQas ara not yet avallable I~m the Hal/Is COUllty ~!lPraJsal DlslllcL ~~ ~he City 01 la Porte. musl. by Chartar requite- menl. adopt ils nscal I:1U<lgel by september 30, ~010. Within lhilly d~S 11larealler. copies or lhe ad.Ojlted budget WiD be available ror puMa in. speeuon and copying at the office 01 lIJe City S~- 191ary, City Half. 6(l4 ~esl Falrmont Parkway, La Porte. Texas. and the ~a Porte community lI. brary. 600 SOuth Broad- \''lIy, la Polle, Texas. durIng normal business hours. ciTY OF LA PORTE Martha A. GUlel!. TRMC. ~ilY secretary " j ..... :-r~ ~UBlIC NOTICE P,URSUANT TO CHAP- tER 59 TEXAS PROP. ~ATY CODE. PUBUC .}UCTION WIU BE ~ElO ON SEPTEMBER 11. 201,0. ;\T 11:ooAM. JU. ACCESS SELF ~TORAGE. 4400 UN. QERWOOO RD.. LA P.OATE. TEXAS. 17571 to SATISFY A LA.NO- CORO'S LIEN. PROp. ~RTY WILL BE SOLO TO l:HE HIGHEST BIDDER ~OA CASH. PROPERTY ~ONSISTS OF HOUSE. l:iQlD GOODS, APPLI. ANCES. AND roRNI- !URE. ACCESS SELF STORAGE RESERVES ~E RIGHT TO REFUSE ANY BIDS. ACCESS ~ELF STORAGE RE. qERVES THE RtGHT TO TAKE ANY OF THESE ~NITS OUT OF THE ..wenON_ TENANT UNITS TO BE AUe. T(P.'lEO ARE: ~~!! 364 GINA MOOnE .'a~pl arrj ~fd. or part {hereOr. whIch in the cpin. ion of the Cily council, fs most advantageous to Ihe City 01 La Porte. In caS9 of amhiguily or !ack 01 cleamess in stating the prices In the l)id. the City reserves Ule right to coo. sIder the . mosl aManla- geous bid lhereol or 10 re- ieel the bid. CITY OF LA PORTe NOTICE TO BIDDERS l3EAlED BID #510006. SAll~ 9F at.GO !\C~S ON BAV AREA BLVD. The City 01 la POJte Is reo ceiving. sealed bids for tne sale 01 an 81 Mre tract of land fronUng OIl Bay Area Bouiavard in Ute Bayporl Industllal District, Sealed bids and all accompany. ing inlOlmation sheO be submitted Including one (1) marked orIgInal and one (1) duplloate on (he orIgInal forms and clearly marked with btd numller and d esorf p- lion. Bids Will be re- CIIlved at the Purchasing office 2.963/1. 2.3rd Slreef,' La Porto, TX ' 77671 IJnUl 5:00 p.m. Mondav. November 8, m2. Tha bids v.ill be opened and publicly read in Ute Public Works upsla Irs training room Immed.ately aRer Ihe cJosln\l hour for the bids on sald date. All elevator 15 not ava~able. Please contacl purcl1as. Ing at 261-470-51:16 II ac- commodations ere needed. NO LATE BIDS WILL BE CONSIDERED Inlormalion regarding the sealed bid procolss and bid packages may be ob. talned Irom Ih(} of(lCl<S 01 CUshman ... Wakefield . 1330 Post oak 8lvd.. SuIte 270fJ, Houston. TexaS,770E6-J054 or by calling. JOhh F. llltman, SIOR, MAl or Kelley B. Parker,IlI, SIOR 713.677.1700 A wabslte will te sel uo by Cushman & Wakefield 10 allow a due diiig;l nce review of properly infor- maliao priol to the bld. ding. Access to the web. slle or physical fnspection at the property will be ar. ransed and managed 'rJ.I Cushman .... Wa.~efleld. Ci~1 of La Porle her.by notifies 011 bIdders thaI in regard' 10 any agreemenl entered Into pursuanl to Ihls aell/erllsemenr. minor- :ty lxJs;ness anlerpllees will be aUorded equal op- portunities 10 s~bmil bids in respcOSe 10 fhls invila. tion and w~1 not be dis. crim1naled a~alnst on the grOUnds 01 race. co'or. sex, age. rellglon or na. lional orlg;o in considera. lion ror an award. ThO bids IliII be oponed and publicly read in the Public WOlks upslails tralntll<J wom lmll'tldiately arter lhe ciosil19 hour lor lhe blds on said date. An elevalor Is not available. Please conlacl Purches- ~ng at 261.410.5126 if ao. commodations are rree<led. No late bids will be considered BIDDING DOCUMENTS: The Bldol"9 Documenls ara on me ror InspectIon at the oltlce ot Ihe ENGI- NEER. Klotz Associ. ales. Inc. 1160 Dalrv Ashford. Suite 500. Houston. TX 77079 and at me L.1 Porte Cily Hall. Enr;lneerina Offlce. 604 IV. FaIrman! Pkwy.. LII Port". TX 71S7f, BIDDING DOCUMENTS: Copies 01 lhe blddi"9 documenls may be ol>- lalned. Klotz Msoe/ates. Ine. 1160 ViJlty Ashford. Sufte 500. Houston. TX 77079. {or $50. no! reo tundable {diailal copies \VIII be made allallable vfa ftD sire to D/an hold. m1. ThO City 01 La Parle hereoy nol1fies all bldders that In regard 10 any agreemenl enlaroo Inlo pursuant 10 Ihls adverl1sG- menl. minority business enterprises will be af. forded equal opportunities 10 submll bids In reo sponse to fhls Invnatlon and Will nol be disclimi. nated against on the grounds of race. co~or, SllX. ago. religion or oa. lienal orlgn In considera- tion to! an award. Bidders are ~ to allend a pre.b~d confer- ence 10 be held in the La fQrte Publfc \YOlks Of. II~. 2963 N. 23rd Stleet. La Porte. TX 71571. on 2:00pm. Wednesdav. Seo!ember 15.2010. Cashiers Chack. CertlUed Check. or eceeplable B!d Bond, PRyatJe to City 01 La Porte In an amount not \ess tMn 5~'. oJ the maXi. mum Bid prtca submitted. must aCCQmpany Gaell Bid as guarantee thaI. II awarded It.(l Contract. Ule Bidder will within lilleen (IS) calendar days oJ aViilJd 01' Ccnlracl enter ,nlo 11. Contracl and exe. cule Bonds on the forms prOVIded In 1M Conlract Decuments. The sllccesslul Bidd~r rnusl furnish PERFORM. ANCE and PAYMENT BONDS en lhe forms lu(. nished with the 81DDING DCX:UMENTS. In the amoont ot too% of lhe te- lal Contract prtoe. Tne City reser'/!iS thg rigllt 10 reject any andlor 311 bids. to l'Ial~e any and alt lechnk.1liUes and to accept any bid or patl thereof. whlell in Iha opin. ',on 01 Ine city coone"d, is most advanlagecus to the ....~.... .... .... "'... .1 . _..... ._..,.. . '-'I"'" 'VI;> ....p..... ,..., "''''''''10''' iRspection . aller ,:onlracl award. Tmde secrets and confidential or proprie!al'j informalion, So noted In proposal. shall nol be open ror pubilc {liSp eo. lion. A requested pre-bkl m_ating \'.ill be held at Seabr*le Park. localed at 13DO eayshore Dr~la. La Perte. TX 71571 on W~dnesday ~plembet 1.20108110:00 a.m, The elrl of La Porte hereby nolifies alt Cltrerors llIal in regard 10 any agreement entered Into pursuanl to this aell/ernse- menl. minority oosiness entolpns9s will be ar. rorded equal oPpoltunitles 10 submit proposals In reo sponsa to this Ir,vilaUon and will nol be disclimi. naled against on Ihe grounds ot race. color. se:<. age. re~g:on or na. tional origin In consldera. 1100 for an award. Tha Cily reserves Ihe right to rejeCl any and/or all proposa Is. 10 waIva any and aV !echnica~ties and 10 a~1 any pro- posal or pari Iher6lJt, which In lhe oplnlOll of the GUy COllncil, is mosl ~d. vanfaoaous 10 Ihe City. In case 01 ambiguity or lack 01 dearness in slating Ihe prices in the prOjlosaf. Ihe City reservaS the tight to consl(.\jr' Ihe mosl advan- rageous proposal thereof or 10 reject tha proposal. SHOULD THE CITY HIRE AN ENGINEER HELPER FOR $79,OOO'? YES OR NO W\\lv.laportepolls.com 103 Services JACK'S HANDY ,MAN SERVICE Lei me IICl/rdle <fit )"Ollf /JOme , reptlirsl!/t! · Tile. Wood. Fencing · I.mllinalc I'IOOrill" · Ceiling Funs' Doors . PaintIng · Pavers · Pressure Washing · I.awn Mowing and Much More Call for rmll" I'I'~t' 4JUf1/lll!! 281"229-8900 .lll~kcnnnghm@,.~hof1.com Housekeeping & Landscaping lmmIno\\'ing. mulch. irlg. llimllling tlf bushes & trees :md wl:t,ltHn" OrwUff muk ll'i//," Electrician, CeramIc Cell 2S1.221.8361 Home Work Handyman Service l.et Us Dr) IIff Ofl'olll' <I HOllie IVcnk" Painting . Shcelw~lrk Carpentry' Tllc. Sidilll': Rcmodellng . Roofing Fcnces . Dcck~ Frce Estimates 281-796"8171 936-334-1428 Tractor Mowing Quality Work Marty Carnes 281-389-8506 HOUSE CLEANING Honest and Depeuelable. Free Estinlllte. Charge by the house Weekly or every two wcek~. Long lenu ComnulIllCnl Call2lH.415.6243 Plensc 1 .~ave Messuge OREA'S LAWN SERVICE STARTING Co/ $20 MOW. TRIM, EDGE, LANDSCAP1NO, FENCES & FERTILIZE QU/1/i(r (//fS fair Prices LUIS 281.839.9312 BEN 832.455.36L9 104 Child Care CHILD CARE In My Home Weekdays 7AM - 5:30 PM Hot lvlcals & Snacks FcncclI Yard 28 yrs Expeticnce References AvailubJe 713-447 -3769 CHILD CARE AT HOME IN LA PORTE -LICENSED- lVI-F 281-470-7381 ~uperinlel needed for Conslruc .Compa! 1O-15Y, Experiel Apply in PI III N. Brae C COR: mmedlal~ Op&n ocat growing cI La Porle. ParI ilIon. Aellve rogram for ;0' ~aln lesponslb freellng adult oordinaling oth Ie programs slabllahed. n<l olllce. $ uma 10 II @ Project Manager; Vise mechanical eng. prolects deslgn/lest/repalr, of IUlbcmachlnsr PQmmts (incl. 9 rurblne componenl pressols. centritul ial. screw re( hot gas ~pande IrilugaVp;'unger gear br;<<es, Cl m:xers, venl!lators ers), ulll. expo bOl1lachlnery components. for rQlordynamicfa namlc melaftu'gical element stUdIes. compliance VI! reqs, Internal lOll ~,og. Reqs; MS cal Eng. or relatel expo or BS 5 YIS Job In la Polla, calls. Apply: letterfresume/ rqmnts. emil'/.orelnt@sulzer.c Ae Parsons H is accepth ;lIlpJicalioos Ii Ex pcricnccd New Higher \l and Iknell Please ilpply wi 8727 W. Fairmoll 281-478-0000 UGL Unleco Is lfer provider 0 raled lac Hilles Cag. Our iervle< rtclude. ' dist uilding maIn HVAC, elecllleal, roducHon nd ouslodlal or Fortune SOO hrollghoul the l anada. 'U L _ ~--I_. 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 13, 2010 Appropriation Requested By: Michael G. Dolby, CPA Source of Funds: N/A Department: Finance Account Number: N/A Report: Resolution: x Ordinance: Amount Budgeted: N/ A Exhibits: Resolution Amount Requested: N/A Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION House Bill 3195, passed by the Texas Legislature in 2007, amends Section 102.007 of the Texas Local Government Code to require that the Council must take a separate vote to ratify increased property tax revenues that are reflected in the budget. Since the FY 2010-11 budget includes more property tax revenues than in FY 2009-10, the Council must take this action. House Bill 3195 requires that the ratification vote is in addition to and separate from the vote to adopt the budget or the vote to set the tax rate as required by Chapter 26 of the Texas Tax Code. The projected increase in revenues from property taxes is reflected in the budget as presented. The budget for FY 2010-11 includes projected revenues from property taxes that exceed the revenues from property taxes in the FY 2009-2010 budget by $1,684,232.00, and of that amount $193,875 is tax revenue to be raised from new property added to the tax roll this year. Action ReQuired bv Council: Approve Resolution to ratify the projected increase in property tax revenues collected as reflected in the FY 2010-11 Budget. &Jill ~O Date RESOLUTION NO. 2010-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE RATIFYING THE PROPERTY TAX REVENUE INCREASE REFLECTED IN THE FISCAL YEAR 2010-2011 BUDGET, IN ACCORDANCE WITH SECTION 102.007 (C) OF THE TEXAS LOCAL GOVERNMENT CODE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, pursuant to Section 102.007(c) of the Texas Local Government Code, effective September 1, 2007, the adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the increased revenues reflected in the budget; and WHEREAS, the Fiscal Year 2010-2011 budget will raise more revenue from property taxes than the previous year because despite no change in the actual property tax rate from $0.71 per $100 value in the Fiscal Year 2009-2010 to $0.71 per $100 value in Fiscal Year 2010-2011, the revenue from the assessment of property taxes will create more revenue than last year due to new improvements placed on the tax rolls. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby ratifies the property tax revenue increase reflected in the Fiscal Year 2010-2011 budget. 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 resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 13th day of September, 2010. By: ATTEST: ~~AQ'}t~lill ':f- ~ a A. Gillett Clty Secretary AP~ -r ~ ~k T. Askins Assistant City Attorney Mayor 2 10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 13, 2010 Appropriation Requested By: Michael G. Dolby, CPA Source of Funds: Nt A Department: Finance Account Number: NtA Report: Resolution: Ordinance: xx Amount Budgeted: Nt A Exhibits: Ordinance Amount Requested: NtA Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The Fiscal Year 2010-11 Budget was built around increasing the Residential Solid Waste Fee. The City is estimating a loss of $1.76 per month for the 2010-11 fiscal year. Additionally, the budget includes the addition of another Residential Solid Waste Worker, which will be supported by the proposed increase in fees. The proposed change is summarized below and was documented and detailed in the information provided to Council during Budget Workshops during the week of August 9,2010. Residential Solid Waste Fee - Proposed $1.50 increase to $16.50 (Estimated additional revenue - $180,000) ~ /8 It;> Date ORDINANCE NO. 2010 - OJ. 1 , AN ORDINANCE AMENDING nAPPENDIX A, FEES, n OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY INCREASING RESIDENTIAL DWELLING MONTHLY SOLID WASTE FEE BY $1. SO, TO $16. SO, CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 58 of Appendix A -- Fees, "Solid Waste," Article III, "Rates and Charges", subparagraph (a), is hereby amended and shall hereafter read as follows, to-wit: "(a) Residential dwelling unit collection, per unit, per month (minimum charge) 16.50 58-106" Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be in effect from and after its passage and approval. The fees in this ordinance shall be effective upon passage and approval of this ordinance, unless otherwise indicated. PASSED AND APPROVED, this 13th day of September, 2010. By: Mayor ATTEST: ~tJ}t\~ ar a A. Glllett City Secretary A77D' ~ J~:C -..~ Assistant City Attorney 2 11 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 13,2010 Aoorooriation Requested By: Michael G. Dolby, CPA Source of Funds: N/A Department: Finance Account Number: N/A Report: Resolution: XX Ordinance: Amount Budgeted: N/A Exhibits: Certification from HCAD Amount Requested: N/A Exhibits: New Construction Report Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION On September 1,2010, the City of La Porte received the Certified Appraisal Roll from the Harris County Appraisal District. Section 26.04 of the State Property Tax Code requires the submission of the Appraisal Roll to the Governing Body. The 2010 Certified Tax Roll for the City of La Porte, as received from the Harris County Appraisal District (HCAD), shows a total appraised value of $2,355,675,751 and a total taxable value of $1,883,564,711. Appro e Resolution for acceptance ofthe appraisal roll. 1/& fto Date RESOLUTION NO. 10-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2010 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT. WHEREAS, the Harris County Appraisal District has submitted to the City Council of the City of La Porte, for approval, the 2010 tax appraisal roll; and WHEREAS, the City Council is of the opinion that the 2010 appraisal roll with the amounts shown therein should be adopted; WHEREAS, the Harris County Appraisal District has certified to the City Council that there was situated in the City of La Porte, as of January 1, 2010, property with a total appraised value of $2,355,675,751 and a total taxable value of $1 ,883,564,711.00. WHEREAS, new personal property added to the appraisal roll had a total taxable value of $27,306,278 as of January 1, 2010; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT: Section 1. the 2010 taxable roll in the amount of $1 ,833,564,711.00, as submitted by the Harris County Appraisal District is hereby adopted; Section 2. the City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the offices of City of La Porte for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 13th day of September, 2010. L ATTEST: ~lk~Mll) Mart a GIllett, City Secretary - A~l~ ~r~ Clar T. Askins, Assistant City Attorney Mailing Address: Office of the Chief Appraiser P.O. Box 920975 Houston, TX 77292-0975 e Harris County Appraisal District 13013 Northwest Fwy. Houston, Texas Information Center: (713}957-7800 071 September 2, 2010 ECEIVED SEP 0 1 2010 La Porte Tax Office Ms Katherine Powell Assessor Collector City of Laporte POBox 1849 La Porte TX 77572 -1849 Dear Ms. Powell: On August 20, 2010 the appraisal review board (ARB) approved the 2010 appraisal records under Sec. 41.12, Tax Code, thus making it possible for me to certify this year's appraisal roll to each taxing unit. While the Tax Code provides for approval of the appraisal records to occur on July 20, it also stipulates that the ARB cannot approve the records if more than 10% of the total appraised value in the district remains under protest. Under prior law, approval of the records could not occur until less than 5% of the district's total value remained under protest. The change in the law is beneficial in Harris County where this year we received over 310,000 value protests. Approved & Certified Accounts "Approved" accounts on your certified roll include those on which no protest was filed, those on which a late protest was filed "without good cause" as determined by the ARB, and those on which a timely or "good cause" late protest has been determined or dismissed due to failure to appear for the protest hearing. Uncertified Accounts Your certified roll does not include the value of accounts still under protest; accounts on which the valuation is incomplete and notices have not been mailed; and properties which are either ready to notice or have been noticed and on which the 30-day protest period has not elapsed. As required by law, estimated values applicable to these accounts are summarized in the enclosed reports. Final certified values for properties in these categories will be included in later supplemental rolls. Other Information Also included in your certification packet is a sheet titled "WHERE TO FIND." This sheet notes where to find information you will need to calculate your effective and rollback tax rates. The certified residential homestead report includes a summary of average residential values in your unit, which is information required for your tax rate hearing notices. Please review the homestead exemption data in your printouts to ensure that we used the most current information on your exemption rates. Also, remember that homestead exemptions may be claimed up to one year after the delinquency date for the taxes on the homestead. This means that your tax base will be reduced by late applications filed during this extended application period. Additional value loss may result from provisions in the Tax Code that allow for district court or arbitration appeal of ARB decisions, late protests, and corrections. Sincerely, ... /1-:'..:.... \ -=-..A~.......,....... (j_P~L. "'. -_. Jim Robinson, Chief Appraiser R.P.A. Enclosures 071 HARRIS COUNTY APPRAISAL DISTRICT HOUSTON, TEXAS THE ST ATE OF TEXAS, } COUNTY OF HARRIS. } 2010 CERTIFICATION OF APPRAISAL ROLL AND LISTING OF PROPERTIES UNDER SEes. 26.01 (c) AND (d) FOR City of Laporte Pursuant to Section 26.01(a), Texas Tax Code, I hereby certify the 2010 appraisal roll of properties taxable by City of Laporte. The roll is delivered in printed and electronic forms. The total appraised value now on the appraisal roll for this unit is: $2,355,675.751 The taxable value now on the appraisal roll for this unit is: $1,883,564,711 As Required by Section 26.01(c), Texas Tax Code, I have included with your roll a listing of those properties which are taxable by the unit but which are under protest and are therefore not included in the appraisal roll values approved by the appraisal review board and certified above. My estimate of the total taxable value which will be assigned to such properties if the owners' claims are upheld by the appraisal review board is: $119,352.501 Pursuant to Section 26.01(d), Texas Tax code, the estimated value of taxable property not under protest and not yet included on the certified appraisal roll, after hearing loss, is $205,362,642 Signed this 2nd day of September, 2010 e " tr- ~.J.-,... Jim Robinson, R.PA Chief Appraiser ASSESSOR'S ACKNOWLEDGEMENT As tax assessor/collector of the above-named taxing unit, I hereby acknowledge receipt of the certified 2010 appraisal roll on this the day of , 2010 ~~ 00 N N "- "- om NO "- "- 00 0"> 00 Cl uJ uJ ~ ~ 0 o [l. > ::> ul I- 0 1Il :5 l- V H [l. ~ \5 1Il UJ ::: a: M -,~O ~ 8 j -0: Ul ~ a: ~ D.. U 0 D.. Ul -0: uJ H >- 1Il u. I- :::> H Z tt ::> ~ W 8 ffi U 1Il a. H 0 a: a: a: [l. ~ W 1-- '" o 0. -0:0 ..I .-I o LLN o >- a: I- -0: H'W U >- ~ ~ o I- uJ 00 ::> "- <i. '<d" > O'l o ~ <.0 a:l ~ 1Il <.0 Z <.0 o M H O'l I- 0 ~ 0 W O'l X "- Ul N >- I- H ~ 0 ti ::> ~ 0. Cl w CO <II rl H <.0 ~ N 0.. O'l ~ 0 .-I to co ::<: 00 a: M -0: ::E W \.7 <r w a: U -0: M ,..; 00 O'l 0 N 0 "'" 0"> '<d" Cl'I N .-I Cl'I I'- <.0 010000 01 en 00 N "- "<?- M rl 0"> N 0 00 .-I 00 I'- 0 1.0 lrlenN m Ln '^ rl -.t "'" 00 M o o '" O'l o rl '^ I'- 00 m .-I N -.t N o 0 o m l'- lrl I'- 00 N IJ'l <.0 "- m N O'l N en 00 "- N o m en <:) M <.0 0"> O'l "- M en o M \D en 0"> l'- M VI N VI 0"> en 1.0 o "<l- N 00 00 m o VI <.0 VI 00 en 00 o Ln rl N .-I N o .-I \I)<.OI'--.too I-OOONIO H "'" 5 en >. r- .,.. E <<l LL I <JJ .- 0'1 C .,.. Vl >- r- a: <<l o .,... \.7 4J UJ c 5 ~ UJ VI Vl <JJ ::> a: ~ ';;j W aJ 0. a: o a: .-I 0. -0: <I) aJ E o :r: III r- .,... .D o ::E r- <<l .,... -IJ c III -0 .,... VI Q) a: r- III aJ a: N -0: >. r- 'E <<l LL I .;:; r- ::J ::E ~ 'r -IJ c:; aJ -0 'r VI Q) a: ';;j Q) a: rl 10 >. r- .,.. E <<l LL , o ~ ~ .;:; c:; Q) -0 ',... <I) Q) a: ';;j (Il a: N 10 o o o o o o o o o o o o o o o o o o N en en o "'" .-I .-I 00 rl <.0 M Ln 00 .-I rl <0 en .-I N IJ'l 1.0 .-I N en -.t I'- ,..; N m en en "'" '<d" '" "'- .q <0 .-l o rl N o .-I m 00 N .-I .q o I'- ...... m "'" m ,..; <.0 Ln l'- l'- N o m <:> M "- "- 00 ,..; en '^ N m M .q "'" 1.0 0"> lrl N 00 <.0 N '" 0"> <:> '" 0"-<:> <:> Ln 1.0 Ln Ln !'oJ 00 rl 1.0 1.0 1.0 1.0 '" m N 1.0 "'" "- m 00 N N rl o .-11.01.0 .q rl 1.0 00 m O'l '<l" N >. r- .~ U. I Q) Q) ... .r: I- r- III .;:; c:; Q} -0 .,... VI ~ .- C1l OJ ex:: M !Xl >. .- .~ u. I (Il <- o ::E ... o I '- ::s o u. ,..... <<l .,.. -IJ c Q) "0 .,... VI Q) 0:: r- III Q) a: <1" 10 VI -IJ U III ... t, VI I-' o -' -IJ c: <<l u III > ';;j Q) a: .-I U ~ Ti '- Q) .. E o U -IJ c: <<l V <<l > r- n:l Q) a: N U -IJ l: <<l u ell > .- ell Q) ex:: m U "- <:) Ln en m rl <:> en M .-l o <:> lrl 1.0 Ln N 00 ~ m 00 00 00 0'\ "'" "- -0 l: <1l ..I r- <1l '- ::s -IJ .- ::J U .... <- Q) -0: ""0 Q) ;r: .,... .- ell ::s Cf ';;j aJ ex:: .-I o LI"1 Ln I'- .-I I'- "'- o "- I'- 00 rl .-l 00 rl rl I'- "'" o N m m 1.0 m N o \D N N N 0"> "- m 0 <0 en -.t '<l" 00 "- <:\'" m .-l N m m m 00 .-l <.0 N N N m "'- 00 .-I m O'l o '" <:\'" N <.0 0 t.I'l l'- N O'l m M m m Ln I"- Ln o m o '<l" <:\'" N en '" .q 00 .-l O'l 00 1.0 l'- O'l rl N .q '" o rl M m M 0"> <.0 o N O'l rl o lJl l'- l'- o rl rl lrl <t m o o <t o <:\'" 0"1 "- o 0 U'l l'- rl rl '" o m '" m U'l "- rl rl U'l o M 1.1\ M '<l" o 1.0 1.0 """ m I'- N 1.0 rl Lrl O'l 0 '" U'l Lrl -0 c: ell .J r- ell '- ::J 4J r- ::s u .,... '- en <( -0 Q) .... <t- .,... .- ell ::s 0- c: ::> "0 Q) > o '- 0- S H .s: U c <<l a: e;, s <- ell LL .- ell Q) a: r- ell Q) a: N o rl Ul .- n:l .,... u '- aJ E E o U r- ell Q) a: .-l LL ~ .,... '- -IJ VI ::s ""0 c: H r- III aJ a: N LL <:> o o o o o o o o VI Q) > l.. aJ VI III a: <II <ll \.7 ~ '- Q) c: ";: -0 c: ell .- .,... o .-I \.7 o o o <:> <:) <:) o o o o o VI Q) > l.. III VI Q) a: ~ L III l: ";: ... aJ s:: -IJ o >. -IJ l.. aJ C- O <- 0. r- ell aJ ex:: N \.7 o o o o o o o o o o o VI Q) r- V .... .r: Q) > aJ r- .!l "0, e: ro I- .-I :I: o o o o o o o o o o o 0 VI .:>! C <1l a:l .- III Q) ex:: .-I H o o o o o o o o o <:> L Q) jJ <<l ;;:: >. I-' 'r r- .... +' ::> r- ell c: o VI l.. Q) 0. Q) r- ..c .,... en e: n:l l- e;, ~ <II a: rl n o 1.0 o '<l" <:\'" en .-l o o o 1.0 o <:\'" .q 0"> rl <::> 1.0 <:> ~ 0"1 rl o o o o o ..-I "- N VI Q) .,... l: ell 0- S o U VI n:l \.7 N ..... "- .-I 00 o '^ M m rl o o "- rl 00 o '^ M 0"1 ..-I "'- M 00 o LI"l M O'l .-l N o rl 0"> '^ O'l lJl o LI"l N 0"> o <.0 o o VI o VI N m o 1.0 IS> o IS> !'oJ m o <0 00 "- v rl rl o M "- "- rl v m o o 0 <:> m !-.... "'- .-l -.t IV"> o en "'- "- rl v M o tv'l LI"l N N '" rl o ::\ O'l v '" eO o o 00 ,..; 0"> <:t '" ci o CO rl c:1\ -.t '" 00 CO LI> m <:t q- o o o o o o o o o o a- v .-l o o N o o .-l M '" LI> N 00 M o N rl !-.... !'oJ to VI o o rl N M !-.... N 00 '^ o o rl o o o o o "'" l.f'l 0'> 0 00 O"l N I'- 0 0 "" N Ul aJ ",... e: 11$ c.. E o u U 'r L jJ U Q) r- uJ M n VI aJ .,... e: n:l a. e o U aJ c: o .c: a. Q) r- Q) I- '<t n 1Il "0 ~ o ... r- 'r- <<l a: IS> n VI Q) e: .,... r- Q) C- .... [l. <0 ..... VI E Q) j.J <II >. Vl c: o ..... III .; Q) Qi I- Q) ~ <ll U ... o 'n III ::E l'- n ~ 'u L Q) E e o U Q) r- .0 '0, c: <<l I- rl -' l'- '" o o .. '<t LI"l M rl o o 00 m o c:1\ '" N ..; o o o o o LI> o .-l O"l o "- M <:\'" .-i o o VI o rl a- o t-.. rl '<t .-l o o o o o o o o o o o o o o o o o o o r- nS .,... L j.J VI ::J "Cl e: H +' 4- nS L U l.. Q) j.J <tJ ;;:: VI <II aJ e: .,... VI ::s .a c: o z ..... 1Il ::J .a e: o Z +' 4- etS L U ... .~ <II <II IV C (Il ~ '0, c: {:!. IV r- .0 ''- Q) C <tJ I- III r- .0 .... Q) C nS I- N -' .-l :;: N :;: uJ co 0 0 H'\ 0 V> 0 0 0 0 0 0 0 0 0 0 0 r\ ::l ri 0 N r\ ~~ :t CO ~ 0 r-- 0 0 ;:> ~ CO .; .; N N uJ 0" CO 0 \D "- ....... H'\ N '^ 0 ro .J .; ,;:, ,;:, CtI N 0 ~ CO "- "- <>0 0'> CO 0 0 I- rl "" f3 uJ ~ ~ 0 <Il ~ 0 0 0 0 0 0 0 0 \D ~ 0" 0 0 0 0 0 0 0 :z M ~ \D ~ a. ~ 0 r- N 0 r-. <S> 0 ::> H .; .; w Ii: 0 \D N r\ l- e 0 co fV\ N r\ 5 'fu r\ M M \J'l r\ rl .; \D V> N tl ~ N r- ~ .... >- I- .... H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ?t U"'t tJ 0'> fV\ ::l r\ ~ "" 0.. '^ 0 0 M 0 U"I 0 0 0 co \D 0" 0 0 0 0 0 ~ M 0 N M ~ ri \D <:t 0 fV\ <:t 0 N 0 r- 0" N uJ 8 00 .; <:t 0 .; N .0 <Il co 0 co M N ('{'I ~ '" N M M \.f"l \,/"\ .; M .; .0 .; .;; c.. <:t N VI ~ rl ('{'I t N H l1. <A ~ 5 to u.I H ~ e ,..! .J ~ 0 I'- 0 0 M 0 lJ'l 0 0 0 \D \D 0'> 0 0 0 0 0 ~ <l: 0 .J '" 0 N H'\ <:t rl u:> \II '-:l -' V> ~ o. N. 0 t- O> VI H uJ ~ I- ,;:, N .; ~ 00 VI ..,. 0 \D 3 uJ N 00 0 co M N ro l1. ::.:: '" N M M \J'l 1'-. a. 0 ~ .; .; <l: u.I ('{'I ..,. 1J) 0 uJ H ::;: ~ N r- >- II) u. ('{'I ::l H 'i ~ ~ N 8 uJ .... V 11\ 0.. Ii ~ Ul 0 0 0 co 0 0 0 0 II'> N M 00 0 0 0 0 0 M ~ c.. \.? 0 0 0 rl 0 0 0 0 <:t N co VI 0 0 0 0 0 co <l: <I: 0 0 0 00 0 0 0 0 ('{'I '" co '<t 0 8 0 0 0 0 :x: Ul 0 0 0 ~ 0 0 0 0 N t- "'"'! ('{'I 0 <::> <::> <::> ~ ~ 0 N a. N 0 0 '<t 0 0 0 V'> 0 <::> 0 ro <::> 0 0 t- O" 0'> <::> u:> <::> rl 0" <Il '<t 0 0 rl <::> ~ <::> 0 en r- u:> ~ 0 0 0 0 <::> ,..! \:i \D N <::> <::> M ~ co rl -<t :z .; ::l rl c: 0 or' ~ N ..... 0- c c: '" 'r' 0- ~ VI '" <.. 0- :> Vl :> 0 E 0 <II 0 .v <l1 :x: E QJ <l1 0- X .v 0 c ...... .v E uJ 0. <II ~ :I: '" .D 0- Q) e e ...... ro E ~ X .v .v <l1 0 <l1 ...... >- .v <l1 .v uJ c % ~ u Ul 0 ..... QJ ... 'r' ~ ID 0- .v Q) c: tI'l ~ \:3 ..... u 0 ... E 0- ...... E Q) H .J .D Vl l-' ro ~ '" a1 0 c. (;) Vl ~ 0 '< 0 'r- e -5 ...... ~ 0 0 :J <l1 0.. ::;: ::;: Vl <ll ro >< ..c ...... 0 ~ ~ <l: 0 V <II > ... d) UJ U OJ ';; Q) ...l rl ,;; ,;; .- >- >- c:: >- e: ...... III III ;;- e: ... 0 uJ ..a l- I- H .- OJ ~ :> >- Q) u ro Q) ~ u- N III ...... .- .,.. 0 a e: .,... e 0 <.. Q) 0 'r- .- -0 0 ::l .D ..a 0- l-' ... ~ l- C l-' .,... d) ~ l- ...... ~ ~ ~ >- .r 'r e: c:: e: d) ttI l- 'r- a> .v ..c 0 Q) t a> a> <<l Q) <l.I ~ c: is <II l- 'r <II ;;- l-' l-' U I <l: ~ c @ ~ ;;- ~ ~ .,... :;> ttI r- E 'r- 6 tIl tIl ~ ~ UJ <II c <ll C l- g -5 <II <II ... 'r- 'r V >- Ul l- I- H H H 0 :::> 0.. ~ V D- >- :I: .::;: .J II) 0.. ~ rl ~ ~ t- H'\ -<t rl rl N r\ 0 0 ';;! N "" '<t '" \D .... co ~ :::> <::> I- 0.. ::;: ::;: :z 0 0 III :::> x X x x x x x X n --._.~-~~--- 12 ._--,.__..--'~'_. ..... ..... -.- .f' REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 13,2010 Appropriation Requested By: Michael G. Dolby, CPA Source of Funds: N/ A Department: Finance Account Number: N/A Report: Resolution: Ordinance: xx Amount Budgeted: N/A Exhibits: Ordinance Amount Requested: N/A Exhibits: Effective Tax Rate Calculation Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The Fiscal Year 2010-11 Budget was built around a tax rate of .71 cents per hundred dollar valuation. A breakdown of the tax rate is as follows: General Fund = .605 cents per hundred dollar valuation Debt Service = .105 cents per hundred dollar valuation The tax rate of. 71 cents is the same rate that has been adopted for the last twenty-two years. The Effective Tax Rate = 0.758 cents per hundred dollar valuation, which is the maximum rate without advertisements and a public hearing. Action Required bv Council: dinance establishing the tax rate for Fiscal Year 2010-11 at 71 cents per hundred dollar ~/~ Date ORDINANCE NO. 10- 3~ 7fA AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. That there is hereby levied for the fiscal year beginning October 1, 2010, and ending September 30, 2011, on all real property situated and all personal property owned within the taxable limits of the said City of La Porte, on the first day of January, 2010, except so much as may be exempt under the constitution and laws of the United States, this State, and the City of La Porte, the following taxes: (1) An Ad Valorem Tax of and at the rate of sixty and five tenths cents ($.605) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States for the current expenses for the support, maintenance, and improvement of the City Government of said City of La Porte; and (2) An Ad Valorem Tax of and at the rate often and five tenths cents ($.105) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States, to pay current interest on and provide one year's sinking fund and to pay all of the Principal and Interest accruing on all outstanding general obligation bonds and certificates of obligation lawfully issued by the City of La Porte. That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States. Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of one hundred percent (100%) of the estimated market value thereof. Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and the same are hereby appropriated for the support, maintenance, and improvement of the City Government of the City of La Porte. Section 4. The City Council officially finds, determines, recites and declares that all notices required by law have been published, and that a public hearing as required by law was duly called and held, and that all matters prerequisite to the establishment and levy of an ad valorem tax have been accomplished, all as required by the laws of the State of Texas, and the Home Rule Charter of the City of La Porte. Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required. Section 8. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 13th day of September, 2010. TE,TEXAS L ATTEST: Y1(MtIJU. ~ Martlla Gillett, City Secretary APij;:1D: ~ T tf-~ Clark T. Askins, Assistant City Attorney 2010 Property Tax Rates in City of La Porte This notice concerns 2010 property tax rates for City of La Porte. It presents information about three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. Last year's tax rate: Last year's operating taxes Last year's debt taxes Last year's total taxes Last year's tax base Last year's total tax rate Tbis year's effective tax rate: Last year's adjusted taxes (after subtracting taxes on lost property) 7 This year's adjusted tax base (after subtracting value of new property) = This year's effective tax rate 0.758/$100 (Maximum rate unless unit publishes notices and holds hearings.) Tbis year's rollback tax rate: Last year's adjusted operating taxes (after subtracting taxes on lost property and adjusting for any transferred function, tax increment financing, state criminal justice mandate, and/or enhanced indigent health care expenditures) 7 This year's adjusted tax base = This year's effective operating rate x 1.08 = this year's maximum operating rate + This year's debt rate = This year's total rollback rate $14,149,185 $2,566,158 $16,715,343 $2,354,273,662 0.710/$100 $16,017,433 $2,111,573,113 $13,471,963 $2,111,573,113 0.638 /$100 0.689/$100 o 105 /$100 0.794/$100 Statement of IncreaselDecrease If City of La Porte adopts a 2010 tax rate equal to the effective tax rate of $0.758 per $100 of value, taxes would decrease compared to 2009 taxes by $488,118. Scbedule A - Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund ------~-_..__._- General Fund Deht Service Fund Balance -..-----..-" $11,002,286 $2,981,268 Schedule B - 2010 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, ifapplicable). Principal or Interest to be Contract Payment Paid from Description to be Paid from Property ~_ ofDc_bt__!,~oJ'erty Ta",,"_ T-",xes __ Other Amounts to be Paid --~----- General Obligation $270,000 $176,783 $0 Bonds 2002 Series Certificate of $260,000 $229,470 $0 Obligation Bonds 2004 Series General Obligation $310,000 $253,239 $0 Bonds 2005 Series Certficate of $75,000 $57,798 $0 Obligation Bonds 2005 Series General Obligation $50,000 $45,414 $0 Bonds 2006 Series Certificate of $240,000 $225,823 $0 Obligation Bonds 2006 Series Certificate of $170,000 $311,708 $0 Obligation Bonds 2007 Series General Obligation $365,000 $166,262 $0 Refunding Bonds 20 \0 Series Certificate of $0 $310,079 $0 Obligation Bonds 2010 Series Total Required for 2010 Debt Service - Amount (if any) paid from funds listed in Schedule A - Amount (if any) paid from other resources - Excess collections last year = Total to be paid from taxes in 2010 + Amount added in anticipation that the unit will collect only 100.00% of its taxes in 2010 = Total Debt Levy This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at City of La Porte City Hall 604 W Fairmont Parkway, La Porte, Texas 7757l. Name of person preparing this notice: Katherine R. Powell Title: Tax Manager Date Prepared: September 2, 2010 Total Payment --~.._--- $446,783 $489,470 $563,239 $132,798 $95,414 $465,823 $481,708 $531,262 $310,079 $3,516,574 $0 $1,262,168 $0 $2,254,406 $0 $2,254,406 13/14 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 13.2010 Appropriation Requested By: Tim Tietiens Source of Funds: N/A Department: Planninl! Account Number: N/A Report: _Resolution: _Ordinance: -X.- Amount Budgeted: N/A Exhibits: Amount Requested: N/A N/A Ordinance (showing changes) Ordinance Main Street District Map Public Notice Response Budgeted Item: SUMMARY & RECOMMENDATION City Council directed the Planning and Zoning Commission to review sign regulations for the Main Street District and Overlay for possible amendments. A subcommittee, formed by the Commission, performed a review and forwarded their recommendation to the Commission. On August 19,2010, the Planning and Zoning Commission conducted a hearing to receive public input on the matter. Upon conclusion of the hearing, the Commission took action (6-0; I abstain) to recommend to City Council, favorable consideration of the proposed amendments described generally below: · All pre-existing nonconforming signs (listed w/address) within the overlay and the blocks abutting S.H.146 in the Main Street District as of the effective date of this ordinance would be permanently exempted from the terms, conditions, and effects of Sections 106-262 (Nonconforming Structures), and may be repaired, maintained and replaced as long as they are not enlarged. · Those listed that are on private property would be allowed to continue in perpetuity while those on right of way would continue until such time, if any, the city had a need to utilize the location for public purpose. · Businesses in the blocks abutting S.H. 146 (Controlled Access Corridor) would be allowed to build signs to standards otherwise allowable in comparable commercial zones. · New monument or ground signs that do not exceed eight feet (8') in width or height now would be allowed in both the district and overlay where a property owner has room to do so within their property. · Projection signs would be allowed within the right-of-way of the Main Street overlay to allow for additional pedestrian visibility. Notices of the Planning and Zoning Commission public hearing were mailed to business and property owners located within 200' of the Main Street District. Action ReQuired bv Council: 1. Conduct public hearing. 2. .der taking action on a recommendation by the Planning & Zoning Commission on proposed amendments related o on d off-premise signs within the Main Street District/Overlay. Ron Bottoms, City Manager '11 Cj It() Date 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-PREMISES SIGNS", TO ALLOW INSTALLATION OF ON- PREMISE MONUMENT OR GROUND SIGNS FOR BUSINESSES THA T 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. WHEREAS, the City of La Porte established a Main Street District and Main Street District to provide zonings rules and regulations that would serve to protect, enhance, and encourage the continuation of the unique character of the Main Street corridor, and the encouragement of business on Main Street; WHEREAS, part of the unique character of the Main Street corridor is exemplified by the display of existing freestanding, on-premises signs by business located along Main Street, many of which have been in place for decades; WHEREAS, the City of La Porte has, and continues to develop regulations concerning on- premises and off-premises signs throughout the City, causing many of the aforementioned signs on Main Street to potentially become preexisting, non-conforming structures; WHEREAS, the current Zoning Ordinance allows only limited opportunity to place signage within the Main Street District advertising their business and services; and WHEREAS, previous attempts to further develop an adequate regulatory structure to allow for such signage opportunities have not yet been successfully implemented; and WHEREAS, the City seeks to implement new rules governing signs on and off-premises signs in the Main Street District and Main Street Overlay, while at the same time preserving the unique character of preexisting non-conforming signs and the businesses exhibiting same; WHEREAS, business owners have expressed a desire to permanently retain existing freestanding, on-premises signs, and/or to repair or rebuild such signs according to their original dimensions and configuration, and have voiced their concerns to City of La Porte Planning and Zoning Commission and La Porte City Council, and furthermore, met in a townhall meeting on May 19,2010, to convey their desires to the City; WHEREAS, the La Porte Planning and Zoning Commission, after the aforementioned townhall meeting, established a committee to develop recommended rules and regulations for signs on Main Street, with emphasis on the implementation of guidelines for the preservation of preexisting, non-conforming on-premises signs in the Main Street Overlay and controlled access corridor portion of the Main Street District (146 Frontage Road); WHEREAS, the committee's recommendation was to permanently grandfather all preexisting non-conforming on-premises free standing signs in the Main Street Overlay and controlled access corridor portion of the Main Street District (146 Frontage Road), and to establish new regulations for on and off-premises signs in the Main Street District; WHEREAS, the committee's rules and regulations were approved by the La Porte Planning and Zoning Commission and forwarded to the La Porte City Council for consideration; WHEREAS, the La Porte City Council finds that the unique character of the Main Street District and Main Street Overlay will be enhanced, and both the retention of existing businesses and new business development will be encouraged, by the adoption of the Planning and Zoning's Commission's recommendation to permanently grandfather all preexisting non-conforming on- premises free standing signs in the Main Street Overlay and controlled access corridor portion of the Main Street District (146 Frontage Road), and to establish new regulations for on and off- premises signs in the Main Street District; NOW THEREFORE, 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: Sec. 106-874. - On premises signs. (a) Freestanding on-premises signs. (1) General provisions. a. These regulations shall apply to freestanding signs only. b. Multiple reader panels mounted on a single base shall be considered to be a single sign. c. For the purposes of this section, a multitenant building shall be considered to be a single establishment and shall be restricted to freestanding advertising signage in accordance with the regulations governing such signs. 2 (3) (2) d. Separate buildings located on a single piece of property may be considered to be separate business establishments with each building being eligible for freestanding advertising in accordance with these regulations. e. The number of on-premises freestanding nonadvertising signs intended to direct traffic and not exceeding six square feet in size shall not be limited by this section. f. On-premises real estate signs are allowed and shall be exempt from all other provisions of section 106-874. R-l, R-2, R-3, and MH districts. a. One freestanding identification sign is permitted for townhouses, multifamily developments, group care facilities, subdivisions, education and religious facilities. b. For a bed and breakfast facility one sign not exceeding three square feet in area and nonilluminated shall be allowed. This sign may be either mounted on the building or located in a landscaped portion of the yard. c. F or a home occupation facility one sign not exceeding two square feet in area and nonilluminated shall be allowed. This sign shall be mounted flat against the wall of the principal building. d. The size of the sign may not exceed 150 square feet. e. There are no minimum yard setbacks. f. The maximum height is 45 feet. CR, NC, and GC districts. a. One freestanding advertising sign shall be permitted for each side of a commercial establishment which fronts on a developed right- of-way. b. The following size limitations apply: 3 (4) 1. Freestanding signs for single tenant buildings: 150 square feet. 2. Freestanding signs for single tenant buildings in a controlled access corridor: 300 square feet. 3. Freestanding signs for multitenant buildings: 350 square feet. c. The following minimum yard setbacks apply: 1. When not adjacent to residentially zoned property, there are no minimum setbacks. 2. When adjacent to residentially zoned property, there are minimum side and rear yard setbacks of five feet. d. The following height limitations apply: 1. Freestanding signs: 45 feet. e. Freestanding signs in a controlled access corridor: 65 feet. BL LL and HI districts. a. One freestanding advertising sign shall be permitted for each side of a commercial establishment which fronts a developed right-of- way. b. The following size limitations apply: 1. Freestanding signs for single tenant buildings: 150 square feet. 2. Freestanding signs for single tenant buildings in controlled access corridors: 300 square feet. 3. Freestanding signs for multi-tenant buildings: 350 square feet. c. 4 The following minimum yard setbacks apply: 1. When not adjacent to residentially zoned property, there are no minimum setbacks. 2. When adjacent to residentially zoned property, there are minimum side and rear setbacks of five feet. d. The following height limitations apply: 1. Freestanding signs: 45 feet. 2. Freestanding signs in controlled access corridors: 65 feet. (5) MS District and Overlav a. Pre-existing, nonconforming signs listed at the following locations within the overlay and Main Street District existing as of the effective date of this ordinance are considered legal, grandfathered, and may continue as such in accordance with the specifications, regulations, and conditions of this ordinance. The City accepts no liability for any damages to any signs within public right-of-way or easement. The City also reserves the rights to enter into, maintain, and utilize all common use public utility easements and public rights-of-way to promote the health, safety, morals or general welfare ofthe community and the safe, orderly, and healthful development of the City. 1. 10 I E. Main 2. 201 E. Main 3. 115 W. Main 4. 208 W. Main 5. 306 W. Main 6. 521 W. Main 7. 616 W. Main 8. 718 W. Main 9. 820 W. Main 10. * 107 N. 8th Street 11. *105 Highway 146 S 12. *117 Highway 146 S 13. *120 Highway 146 N b. Pre-existing, nonconforming signs listed in Section (a) above are exempted from the terms, conditions, and effects of Sections 106-262. An inventory of such pre- existing signs will be required to document existing specifications, i.e. height, face, size, and other dimensional measurements. i. Pre-existing signs may be repaired, maintained. and/or replaced. but may not be enlarged. 5 11. All signs and sign support structures shall be maintained at all times in a state of good repair. The sign components shall be reasonably free of rust. painted if needed. and structurally sound. 111. *Controlled Access Corridor signs on properties within the Main Street District/Overlay that have frontage along State Highway 146 shall be maintained as per provisions of Section 106-874 (3)(a)(b)&(e). In addition. signs on other properties within Main Street District/Overlay between SH 146 and 8th Street shall be maintained as per provision of Section 106-874 O)(a)(b)&(d). c. Any new on-premises freestanding si~ns shall be a monument or ground si~ that does not exceed eight feet (8') in width and height from the ground to the top of the sign. (Note: In accordance with Section 1 06-878(b )(2). si~s exceeding 8' in hei$t must be engineered.) d. A City permit shall be required prior to any new signage. e. A City approved sign design may be eligible for City participation under the Main Street Incentive Reimbursement Grant Funds." (b) Attached on-premises signs. (1) General provisions. a. One attached sign per building wall may be displayed for each occupant or use on the premises. b. These regulations do not apply to building addresses or supplemental signs for the purpose of identifYing the apartment buildings or units. (2) R-l, R-2, and MH districts. a. The size of the sign may not exceed three square feet. b. No portion of the sign may have a luminous greater than 200 footcandles and may not move, flash, rotate or change illumination. (3) R-3, CR, NC, GC, BI, LI, and HI districts. a. The cumulative size of the signs may not exceed 15 percent of the wall area. b. If located closer than 50 feet to an R-l, R-2, or MH district, the sign may not flash and must be designed so that it does not shine or reflect light into adjacent residences. c. 6 One attached canopy sign may be displayed. Such sign shall not exceed 30 percent of the canopy area. Such sign must be contained within the physical limits of the canopy and shall not extend above or below the canopy. (4) MS districts. a. The cumulative size of the signs may not exceed 25 percent of the wall area. b. If located closer than 50 feet to an R-l, R-2, or MH district, the sign may not flash and must be designed so that it does not shine or reflect light into adjacent residences. c. One attached canopy sign may be displayed. Such sign shall not exceed 30 percent of the canopy area. Such sign must be contained within the physical limits of the canopy and shall not extend above or below the canopy. 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: Sec. 106-875. - Off-premises signs. (a) Off-premises freestanding advertising signs may be erected in the BI, LI, and HI zoning districts. (b) Off-premises freestanding public service signs may be erected in the GC, BI, LI, and HI zoning districts. (c) All off premises signs shall be constructed with a single steel support pole. Off-premises signs within the right-of-way may be attached to the face of the building and project into 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 ) projection sign per business allowed. 5. Completed Right-of-Way License Agreement with the City." 7 (d) The following size limitations shall apply to all off-premises freestanding signs: (1) In controlled access corridors, the size limitations shall be set by the Texas Highway Beautification Act. (2) On all other streets, the maximum size shall be 300 square feet and may not have more than two sign faces. (e) An off-premises sign must be located at least 50 feet from an existing freestanding on-premises sign. (1) Off-premises signs, when illuminated, must be constructed with upward shielded directional illumination. (g) The following height limitations shall apply: (1) Off-premises public service signs: 18 feet. (2) Off-premises advertising signs: 45 feet. (h) All off-premises freestanding advertising signs shall be spaced in intervals of not less than 1,000 feet. 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). 8 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. PASSED AND APPROVED this the day of ,2010. CITY OF LA PORTE By: Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney 9 ORDINANCE NO. 3" '] 5 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-PREMISES 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. WHEREAS, the City of La Porte established a Main Street District and Main Street District to provide zonings rules and regulations that would serve to protect, enhance, and encourage the continuation of the unique character of the Main Street corridor, and the encouragement of business on Main Street; WHEREAS, part of the unique character of the Main Street corridor is exemplified by the display of existing freestanding, on-premises signs by business located along Main Street, many of which have been in place for decades; WHEREAS, the City of La Porte has, and continues to develop regulations concerning on- premises and off-premises signs throughout the City, causing many of the aforementioned signs on Main Street to potentially become preexisting, non-conforming structures; WHEREAS, the current Zoning Ordinance allows only limited opportunity to place signage within the Main Street District advertising their business and services; and WHEREAS, previous attempts to further develop an adequate regulatory structure to allow for such signage opportunities have not yet been successfully implemented; and WHEREAS, the City seeks to implement new rules governing signs on and off-premises signs in the Main Street District and Main Street Overlay, while at the same time preserving the unique character of preexisting non-conforming signs and the businesses exhibiting same; WHEREAS, business owners have expressed a desire to permanently retain eXlstmg freestanding, on-premises signs, and/or to repair or rebuild such signs according to their original dimensions and configuration, and have voiced their concerns to City of La Porte Planning and Zoning Commission and La Porte City Council, and furthermore, met in a townhall meeting on May 19, 2010, to convey their desires to the City; WHEREAS, the La Porte Planning and Zoning Commission, after the aforementioned townhall meeting, established a committee to develop recommended rules and regulations for signs on Main Street, with emphasis on the implementation of guidelines for the preservation of preexisting, non-conforming on-premises signs in the Main Street Overlay and controlled access corridor portion of the Main Street District (146 Frontage Road); WHEREAS, the committee's recommendation was to permanently grandfather all preexisting non-conforming on-premises free standing signs in the Main Street Overlay and controlled access corridor portion of the Main Street District (146 Frontage Road), and to establish new regulations for on and off-premises signs in the Main Street District; WHEREAS, the committee's rules and regulations were approved by the La Porte Planning and Zoning Commission and forwarded to the La Porte City Council for consideration; WHEREAS, the La Porte City Council finds that the unique character of the Main Street District and Main Street Overlay will be enhanced, and both the retention of existing businesses and new business development will be encouraged, by the adoption of the Planning and Zoning's Commission's recommendation to permanently grandfather all preexisting non-conforming on- premises free standing signs in the Main Street Overlay and controlled access corridor portion of the Main Street District (146 Frontage Road), and to establish new regulations for on and off- premises signs in the Main Street District; NOW THEREFORE, 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 District and Overlay a. Pre-existing, nonconforming signs listed at the following locations within the overlay and Main Street District existing as of the effective date of this ordinance are considered legal, grandfathered, and may continue as such in accordance with the specifications, regulations, and conditions of this ordinance. The City accepts no liability for any damages to any signs within public right-of-way or easement. The City also reserves the rights to enter into, maintain, and utilize all common use public utility easements and public rights-of-way to promote the health, safety, morals or general welfare of the community and the safe, orderly, and healthful development of the City. 1. 101 E. Main 2. 201 E. Main 3. 115 W. Main 4. 208 W. Main 5. 306 W. Main 6. 521 W. Main 2 7. 616 W. Main 8. 718 W. Main 9. 820 W. Main 10. *107 N. 8th 11. *105 Highway 146 S 12. *117 Highway 146 S 13. *120 Highway 146 N b. Pre-existing, nonconforming signs listed in Section (a) above are exempted from the terms, conditions, and effects of Sections 106-262. An inventory of such pre-existing signs will be required to document existing specifications, i.e. height, face, size, and other dimensional measurements. 1. Pre-existing signs may be repaired, maintained, and/or replaced, but may not be enlarged. 11. All signs and sign support structures shall be maintained at all times in a state of good repair. The sign components shall be reasonably free of rust, painted if needed, and structurally sound. 111. *Controlled Access Corridor signs on properties within the Main Street District/Overlay that have frontage along State Highway 146 shall be maintained as per provisions of Section 106-874 (a) (3) a, b, and e. In addition, signs on other properties within Main Street District/Overlay between SH 146 and 8th Street shall be maintained as per provisions of Section 106-874 (a) (3) a, b, and d. c. Any new on-premises freestanding signs shall be a monument or ground sign that does not exceed eight feet (8') in width and 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.) d. A City permit shall be required prior to any new signage. e. A City approved sign design 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 and project into 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) projection 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. 3 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. PASSED AND APPROVED this the 134.-!1.day of ~#'lt-W ,2010. By: ATTEST: ~-~~ City Secretary AP~r~ Assistant City Attorney 4 MAIN STREET DISTRICT OVERLAY (Includes 1st Block off SH146) Pre-Existing Nonconforming Signs A Meeting of the La Porte August 19, 2010 (Date of Meeting) Planni.nK & Zoning- Commission (Type of Meeting) Scheduled for to Consider SiRn ReKUlations for the Main Street District/Overlay (Type of Request) ...- L.l. ,..,,,_- - ~~p .~ ~~--..... ~, .M-'T I have received notice of the above-referenced public hearing. I am in FAVOR of gr.anting this request for the following reasons: FettL ::S/?AJ ~~/I/~~ WallIe! eJl/hp~e- ~IC> tPP ~#/N ;S-Y,,- U/tJ vie.! jl,ee TO .$6'~ {l/I-t; p,l;3cJ,I>O~,45QP1€- ({) ~ ~ e 5.19/1/4-1 e.. th,ff" cor/! / f,"'-1;tlQch e 4 y' .' r;;tf-t' I ;:!5#~e P/L--tfJvI-.>; Pe~?e;vd/.(:f/ 17~ '1-(/ fdl#7 J'., 1ft #bP'~k. wJ1-/!C/A/1. atJ-WA/ ~/~fA/0"1/c:.;r I am.OPPOSED to'grantmg this request for the follo<ving reasons: ~ 1ft/ I> t? t!t-1y etJvi~ jJ 4;vt--/c /4/-e /# t#f?r (?t4/c/ :TA/~/-CZ-/~$A/, .JJ~~L!2- Iv <;4/l~1 'JI;..-~l~ v I/U(~ . Sigriature r BPI' Mm.H~ - Address (/~) City, State, Zip @ .~u s{N<V ><; JII ~ <( ~-hy2. t2 ~b/V;-- ,- A Meeting of the La Porte P & Zo Con:uniseion (Type of Meeting) Scheduled for August 19,2010 (Date of Meeting) to Consider Sku R~tions for the Main Street District/ OvetlRy (type of Request) I have received notice of the above-refere:oced public heating. I am in FAVOR of gr~ting this request for the following reasons: He.-t Si'jH' ~A#qI~ WOt//4 C'lVhiY/4/ce. , itJ CJ Ie,> -tP'?" m# /70 51-,- I =.OPPOSED to granting this request for the following reasons: ;#-eIJt!( MO/~ N=e(pl=~ 7~~~rore 3/;1lJJd/';V s:;r:- ~ Address C ~ City, State, Zip A Meeting of the La Porte W fie (ill ~ fl' ftf1 rr: U; LID U; /J llJ u: /1 AUG 20 2010 ~! -c' Pl~nnio2" & Zonin,g- Commission (Type of Meeting) Scheduled for By~ August 19, 2010 (Date of Meeting) to Consider Skn ReRUlations for the Main Street District/Ove.rky . (Type of Request) - ~.....~-~ 4 I Mve reciived notice of the above-referenced public beWng. I am-m FA:VCJRof .gr-anting this request for the following reasons: I am.OPPOSED to -gtanting this request for the -following Ie2-SOnS: 'TA e 1/s J 0 r -R. Y."Sf/h~ :5 l~ h s, ts /n co 1\1 J:J k / -e l-n1 t!t'JI'- (' E-) q - v , 0/1 J ~ 41~e. j,'s- leell T 41-t7ra, f-I.el"e dr-e .IV$ fa '[;1-(/ +hit}. ~ S~Pt)IC/4 /.f.i' te &~L fk~ /,!;.f.. /O'f( 52wl /l q S dhd) J:13 S 'J./~/ lOP b!p~~ t!t 1S /s~ Hm^'t /1'M'tJt'''f-CS It'Jd JJJIle-It- S :5 l~t{; 6 tl l vV f1tir',,) lOb \-v 1-1f.{) H I fiOt> W M~dl1l 6?--1 W ;.14','11/ 2) 3 IV /v-f/i,'"" l!Jcl Bit-leI.; 5" J3;1:'Jl/jl1~v 10 r 5 2.wJ Sf / Address L?j ftll'fe Ty:. 77S7J City, State, Zip I,J, ') ),4U1 T f1tt11'11/~ J'r Name (please prin 1l';/?J~ Signa A/sv. f-kJ2se. 5/'gi!l reS iv(cf,'tt115 $J1t5v/~) !forl he 1I11."'''e ~<?5.fn'~/"ve "';-lv,<Yl jeJ1Prcf/ 't:t.'1H1'M-RVQ'c-iI, p S~I/r?Jt'4/ .eleh1~/'1& h's'/erJ ~t{re m..ve f'e75Ir,'cf,'ve l~~,(h fhe fjf?VcfY4/ l::.PMff1e('Clq~ TIese aJJ/lfC>VLtil ~ 1'5"1-15 are nt'1- Cdl1tf' )€!e ((S ~re.// 6LJ/ Itt'( -the 1"t?St;l!f If.f lfi 1I11'rl-I/fv5 of Itldb;,13 w4,'/e dn'vlrlj. 15 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested September 13,2010 Requested By: Mayor Righy Appropriation Source of Funds: Department: Mll)'Qr llIld City CQull~il Account Number: Report: Resolution: Ordinance: x Amount Budgeted: ~ .. Amount Requested: Exhibits: Budgeted Item: YES NO X Exhibits: SUMMARY & RECOMMENDATION It is being recommended the Council Procedure Ordinance be changed to have the Consent Agenda item placed on the agenda for vote after the citizens have had an opportunity to speak. Action Required by Council: Discuss ordinance changes and approve, deny or amend the proposed recommendation. ORDINANCE NO. 2> d.- 1 tJ- AN ORDINANCE ESTABLISHING ORGANIZATION AND PROCEDURES FOR CITY COUNCIL MEETINGS; 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 1-201. Regular Meetings. (A) Time. The City Council shall hold regular meetings on the second and fourth Monday of each month, at 6:00 o'clock p.m.; provided, however, that when the day fixed for any regular meeting of the Council falls upon a day designated by law as a legal or national holiday, such meeting shall be held on such other date as determined by City Council. (B) Time. The City Council shall hold special or workshop meetings, if necessary, on the third Monday of each month, at 6:00 o'clock p.m., or at such other date and time as may be determined under Section 1-202 Special Meetings, hereof; provided, however, that when the day fixed for any special or workshop meeting of the Council falls upon a day designated by law as a legal or national holiday, such meetings shall be held on such other date as determined by City Council. (C) Place. All regular, special, and workshop meetings of the City Council shall be held in the Council Chambers, City Hall, 604 West Fairmont Parkway, in the City of La Porte, Harris County, Texas, unless otherwise directed by City Council, or required by law. Section 1-202. Special Meetings. The Mayor on his own motion or at the request of the City Manager shall call special meetings of the City Council whenever in their opinion the public business may require it, or at the express written request of any three (3) members of the City Council. Such written request shall be filed with the City Secretary, and shall contain the agenda item requested for the special meeting. Whenever a special meeting shall be called, written notice thereof shall be delivered to each member of the Council, or, if written notice cannot be timely delivered, telephone notice shall be given, stating the date and hour of the meeting and the purpose for which such meeting is called. Section 1-203. Agenda. The Mayor, the City Manager, or the City Attorney, or any three (3) members of the City Council by written request, may place an item on a City Council agenda, with the exception of an item that has previously been approved or denied, by City Council vote, during a meeting which occurred within the 30 day period immediately before the date of the proposed agenda. The written request by three (3) members of City Council shall be filed with the City Secretary, and shall contain the agenda item requested. All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council shall, at least seven (7) days prior to each Council meeting, be delivered to the City Secretary, whereupon the City Secretary shall immediately arrange a list of such matters according to the Order of Business and furnish each member of the Council, the Mayor, the City Manager, and the City Attorney with a copy of the same prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. None of the foregoing matters shall be presented to the Council by the administrative officials except those of an urgent nature, and the same, when so presented, shall have the written approval of the City Manager before presentation. Section 1-204. The Presiding Officer--Duties. The presiding officer of the Council shall be the Mayor. The Presiding Officer shall preserve strict order and decorum at all regular and special meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He shall be entitled to vote on all questions. He shall sign all ordinances and resolutions adopted by the Council during his presence. In the event of the absence of the Mayor, the Mayor Pro Tem shall sign ordinances or resolutions as then adopted. Section 1-205.Call to Order--Presiding Officer. The Mayor, or in his absence, the Mayor Pro Tem, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or the Mayor Pro Tem, the City Secretary, or his or her Assistant, shall call the Council to order, whereupon a temporary chairman shall be elected by members of the Council present. Upon arrival of the Mayor or the Mayor Pro Tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. Section 1-206. Roll Call. Before proceeding with the business of the Council, the City Secretary, or his or her deputy shall note in the minutes, the names of those present. Late arrivals or departures of Council members shall be noted by the Presiding Officer, and recorded by the City Secretary in the minutes. Section 1-207. Quorum. A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council. In the absence of a quorum, the Presiding Officer shall, at the request of any three (3) members present, compel the attendance of absent members. Section 1-208. Order of Business. All meetings of the Council shall be open to the public, in accordance with the Texas Open Meetings Law. Promptly at the hour set by law on the day of each regular meeting as posted as required by law, the members of the Council, the City Secretary, the City Attorney, the Mayor, and the City Manager, shall take their regular stations in the Council Chambers, and the business of the Council shall be taken up for consideration and disposition in the following order: 1. Invocation and Pledge of Allegiance. 2. Proclamations and Presentations. 2 3. Petitions, remonstrance's, communications, and citizens and taxpayers wishing to address the Council. 4. Consent Agenda. (Any member of the Council may remove any item from the Consent Agenda for discussion.) These items are typically routine in nature. a. Approval of minutes of previous meeting. b. Purchases, Contracts, or Transactions. 5. Public Hearings. 6. New Business: a. Introduction and adoption of resolutions and ordinances. b. Receive reports and recommendations from City staff. c. Report of Officers-Boards-Committees. 7. Previously tabled items. 8. Workshop Items. 9. Administrative Reports. 10 Council Comments. 11. Executive Session. 12. Adjournment. Section 1-209. Reading of Minutes. Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the City Secretary has previously furnished each member with a copy thereof. Section 1-210. Rules of Debate. (A) Presidina Officer May Debate and Vote, Etc. The Mayor or Mayor Pro Tem, or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilperson by reason of his acting as the Presiding Officer. (B) Gettina the Floor-Improper References to be Avoided. Every member desiring to speak shall address the Chair, and, upon recognition by the Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (C) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. (0) Privileae of Closina Debate. The Councilperson moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. 3 (E) Motion to Reconsider. A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council, subject to the prohibition on reconsideration of an item previously approved or denied by City Council within the previous 30 days, as provided in Section 1-203, herein. (F) Remarks of Councilperson--When Entered in Minutes. A Councilperson may request, through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. (G) Synopsis of Debate--When Entered in Minutes. The City Secretary may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. Section 1-211. Addressing the Council. Before each meeting of City Council the City Secretary shall place public comment cards on the table in the rear of the Council Chambers, on which any taxpayer or resident, or his authorized representative, or any member of the public, may sign his name and address, and indicate the subject matter on which he wishes to speak or submit a written communication. (A) Oral Communications. Individuals may address the Council by oral communication in regard to matters appearing on the City Council agenda, or any other subject matter, by completing all requested information on the public comment card, and placing said public comment card in the box located on the table in the rear of the Council Chambers, not later than five (5) minutes before commencement of the meeting. Oral communication to Council shall be in the manner provided in Section 1.212 hereof. (B) Written Communications. Individuals may address the Council by written communication in regard to matters appearing on the City Council agenda, or any other subject matter, by completing all requested information on the public comment card, and placing said public comment card, along with the proposed written communication, in the box located on the table in the rear of the Council Chambers, not later than five (5) minutes before commencement of the meeting. 4 Section 1-212. Manner of Addressing Council (A) Time Limit. Each person addressing the Council shall step up to the podium, shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the Council, shall limit his address to five (5) minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked to a Councilperson except through the Presiding Officer. Any such question shall be referred by City Council to the City manager, for further handling. (B) Limits on Repetitive or Redundant Presentations. The City Council shall have the right to place reasonable limits on the number, frequency, and length of presentations made during the comment period, in accordance with law. For such purposes the City Council may limit the number of persons who speak on a particular subject at a meeting, and the length of the individual presentations made, on such topic; accordingly, the City Council may place reasonable limits on the number of occasions that a person or persons speak on a particular subject, at successive Council meetings. Subject to the foregoing, the City Council shall not place limits on discussion of specific subject matter as it relates to any constitutionally guaranteed right of freedom of speech, or otherwise discriminate against a particular point of view. Section 1-213. Addressing the Council After Motion Made. After a motion is made by the Council, no person shall address the Council without first securing the permission of the Council so to do. Section 1-214. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he is not voting, his silence shall be recorded as an affirmative vote. Section 1-215. Decorum. (A) By Council Members. While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. (B) By Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Council shall be forthwith, by the Presiding Officer, barred from further audience before the Council, unless permission to continue be granted by a majority vote of the Council. 5 Section 1-216. Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant- at-Arms of the Council meetings. He, or they, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant-at-Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the Presiding Officer. Section 1-217. Persons Authorized to be at Tables. No person shall be permitted to be at the two tables in front of the Council table, without the express consent of the Council. Section 1-218. Special Committees. appointed by majority vote of the Council. All special committees shall be Section 1-219. Members May File Protests Against Council Action. Any member shall have the right to have the reasons for his dissent from, or protest against, any action of the Council entered on the minutes. Section 1-220. Claims Against City. No account or other demand against the City shall be allowed until the same has been considered and reported upon by the City Manager and the City Attorney. Section 1-221. Ordinances, Resolutions, Motions and Contracts. (A) Preparation of Ordinances.AII ordinances shall be approved by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by three (3) members of the Council, or requested by the City Manager, or prepared by the City Attorney on his own initiative, in consultation with the City Manager. (8) Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or his authorized representative, and shall have been examined and approved for administration by the City Manager or his authorized representative, where there are substantive matters of administration involved. (C) Introducinq for Passaqe or Approval. (1) Ordinances, resolutions, and other matters or subjects requiring action by the Council must be introduced and sponsored by a member of the Council, except that the City Manager or City Attorney may present ordinances, resolutions, and other matters or subjects to the Council, and any Councilperson may assume sponsorship thereof by 6 moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered. (2) An ordinance may have final passage on the same day on which it was introduced. (3) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practical all ordinances shall be introduced as amendments to existing ordinances or sections thereof. (4) Any resolution providing for the appropriation of money shall designate the particular fund from which the appropriation is to be made. Section 1-222. Reports and Resolutions to be Filed with the City Secretary. All reports and resolutions shall be filed with the City Secretary and entered on the minutes. Section 1-223. Adjournment. A motion to adjourn shall always be in order and decided without debate. Section 1-224. Executive Sessions. Every regular, special or called meeting or session of City Council shall be open to the public. No closed or executive meeting or session of City Council for any of the purposes for which closed or executive meetings or sessions are authorized by the Open Meetings Law, Chapter 551, Texas Government Code, shall be held unless City Council has first been convened in open meeting or session for which lawful notice has been given and during which meeting or session the Presiding Officer has publicly announced that a closed or executive meeting or session will be held and identified the section or sections of said Act authorizing the holding of such closed or executive session. No final action, decision, or vote with regard to any matter considered in the closed meeting shall be made except in a meeting which is open to the public and in compliance with the notice provisions of the Act. Section 1-225. Open Meetings Law Notice. 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. 7 Section 1-226. Repeal. Ordinance Nos. 1435, 1435-A, 2003-2646, 2003-2646- A, and 2003-3156 are repealed as of the effective date hereof. Section 1-227. Effective Date. This ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED, this 1644'1day of ~ l1L!, 2010. By: ATTEST: / tJ11 C1AP'1L, 'S\'-euUW '11- Mahha A. Gillett City Secretary APPROVED: -iif4 -r A~ ark . Askins Assistant City Attorney 8 16 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 13. 2010 Appropriation Requested By: Kathv Powell Source of Funds: Department: Finance Account Number: Report: _Resolution: -LOrdinance:_ Amount Budgeted: Exhibits: Resolutions Amount Requested: Exhibits: Tax Codes Sect 34.05 (a) (c) (d) t Budgeted Item: (YES) NO Exhibits: SUMMARY & RECOMMENDATION If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had these properties on our public resale list for more than an adequate amount of time and there has been no interest in purchasing the property at the minimum bid amount set by the judgment; at this time we are asking the city council to pass a resolution to lower the minimum bid so that we can have a second public sale by the constables office and hopefully get an interested party that will purchase these properties so that they can be taxable again; or even develop the properties. Section 34.05 (c) The taxing unit purchasing the property by resolution of its governing body may request the sheriff or a constable to sell the property at a public sale. If the purchasing taxing unit has not sold the property within six months after the date on which the owner's right of redemption terminates (these properties have past the redemption period), any taxing unit that is entitled to receive proceeds of the sale by resolution of its governing body may request the sheriff or a constable in writing to sell the property at a public sale. On receipt of a request made under this subsection, the sheriff or constable shall sell the property at a public sale as provided by Subsection (d). The minimum bid was arrived at by either the amount of costs in the judgment or a percentage of the HCAD value. The goal is to get the property back on the tax roll as taxable property. PI93 - Lot II Block I Oakhurst Addition (56% of HCAD value) P203 - Tr 20 Block 10 Sylvan Beach (Approximate Costs) Date RESOLUTION NO. 2010- :14- A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY. On the 13th day of September, 2010, at the regularly scheduled meeting of the City Council ofthe City of La Porte, a motion was duly made and seconded for the City of La Porte to resell property described on Exhibit "A" attached hereto, which was acquired through tax foreclosure proceedings. The City of La Porte requests that the Constable of Harris County conduct such sale in accordance with Section 34.05 (a), (c) and (d), Property Tax Code, and that such sale be held at the earliest available date in accordance with the laws ofthe State of Texas; and further that the City of La Porte notify the Constable that it would not object to a sale price of such property in the sum of: See Exhibit "A". Discussion amongst the City Council was then conducted, and upon completion of the same the Mayor of the City of La Porte called a vote on the motion, and the same was passed by majority. Now therefore: BE IT RESOLVED by the City Council of the City of La Porte, Texas, that the City of La Porte offer for resale, in accordance with Section 34.05 (a), (c) and (d), Property Tax Code, the property described on Exhibit "A" and that the Constable is hereby requested to conduct such sale in accordance with such statutes at the earliest possible date and further, that a minimum acceptable sale price for such property is as set forth on Exhibit "A". Passed by the City Council 13th day of September, 2010. ATTEST: A~-r~ Clark Askins, Assistant City Attorney EXHIBIT" A" Legal Description: LOT 11, BLOCK 1, OF OAKHURST ADDITION, AN ADDITION IN HARRIS COUNTY, TEXAS, MORE P ARTICULARL Y DESCRIBED IN A DEED FILED IN THE REAL PROPERTY RECORDS OF HARRIS COUNTY, TEXAS UNDER VOLUME 2561, PAGE 85. Minimum Bid: $3,500.00 TAX RESALE PROPERTY HeAD #: 0562630010011 Prooertv ID: P193 Leaal Descriotion: LT 11 BLK 1 OAKHURST 53 SUMMARY OF FORECLOSURE ACTIVITY HCAD ACCOUNT NO: CAUSE NO: PLAINTIFF(S): JUDGMENT AGAINST: JUDGMENT DATE: ORDER OF SALE: DEED RECORDED DATE: CONSTABLE: PROPERTY ADDRESS: LEGAL DESCRIPTION: 056-263-001-0011 2002-00654 City of La Porte & La Porte Independent School District Storm, Donna Mae Kennedy, et al September 6,2002 STRUCK OFF DATE: December 5, 2002 May 9, 2003 STRUCK OFF TO: Bill Bailey, Constable Precint No 8 S Y Street Lot 11 Block 1 Oakhurst Addition March 4,2003 City of La Porte ADJUDGED VALUE ( IN JUDGMENT): SQUARE FOOTAGE: $ 6,200.00 4,000 SUMMARY OF SALE ACTIVITY BIDDER: AMOUNT OF BID: AMOUNT OF DEPOSIT: AMOUNT DUE: BIDDER'S ADDRESS: $3,500.00 $350.00 $3,150.00 BIDDER'S PHONE NO: PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT COUNTY, ET JUDGMENT TO AL. % SCHOOL % CITY % TOTAL AMOUNT DUE $1,388.28 29.64% $2,076.43 44.33% $1,218.85 26.02% $4,683.56 ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES ESTIMATED AMOUNT AMOUNT OF COURT CONSTABLE/PUBLICA TI AD LITEM RESEARCH FEE & TO BE PRORATED TO BID COST ON FEE (TISD) FEE DEED RECORDING FEE TAXES $3,500.00 $1,168.00 $175.00 $325.00 $250.00 $1,582.00 PRORATED TAX AMOUNTS TO EACH JURISDICTION OWED TO COUNTY % SCHOOL % CITY % TOTAL PRORATED AMOUNT $468.93 29.64% $701.37 44.33% $411.70 26.02% $1,582.00 Amount of Bid: Costs: -District Clerk -Tax Master -Constable Fee -Publication -Abstract Fee -Cost -Ad Litem Fee Taxing Jurisdictions: City of La Porte La Porte ISD Harris County San Jacinto CCD State of Texas Costs + Taxes $6,601.56 Adjudged Value $ 6,200.00 $3,500.00 Total: $1,118.00 $50.00 Mike Landrum $0.00 $175.00 $250.00 $0.00 $325.00 Nina J. Taylor $1,582.00 Amount in Judgment: $1,218.85 $2,076.43 $1,192.02 $196.26 $0.00 $4,683.56 % 26.02% 44.33% 25.45% 4.19% 0.00% 100.00% Amount Received $411.70 $701.37 $402.64 $66.29 $0.00 $1,582.00 P193 RESOLUTION NO. 2010- rJS- A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF HARRIS COUNTY. On the 13th day of September, 2010, at the regularly scheduled meeting of the City Council of the City of La Porte, a motion was duly made and seconded for the City of La Porte to resell property described on Exhibit "A" attached hereto, which was acquired through tax foreclosure proceedings. The City of La Porte requests that the Constable of Harris County conduct such sale in accordance with Section 34.05 (a), (c) and (d), Property Tax Code, and that such sale be held at the earliest available date in accordance with the laws ofthe State of Texas; and further that the City of La Porte notify the Constable that it would not object to a sale price of such property in the sum of: See Exhibit "A". Discussion amongst the City Council was then conducted, and upon completion of the same the Mayor of the City of La Porte called a vote on the motion, and the same was passed by majority. Now therefore: BE IT RESOLVED by the City Council of the City of La Porte, Texas, that the City of La Porte offer for resale, in accordance with Section 34.05 (a), (c) and (d), Property Tax Code, the property described on Exhibit "A" and that the Constable is hereby requested to conduct such sale in accordance with such statutes at the earliest possible date and further, that a minimum acceptable sale price for such property is as set forth on Exhibit "A". Passed by the City Council 13th day of September, 2010. ATTEST: , Mayor ~ t1lZ~~J.L; Ma a A. Gillett, City Secretary A~7~ Clark Askins, Assistant City Attorney EXHIBIT "A" Legal Description: TRACT 20, BLOCK 10, OF SYLVAN BEACH, AN ADDITION IN HARRIS COUNTY, TEXAS, MORE P ARTICULARL Y DESCRIBED IN A DEED FILED IN THE REAL PROPERTY RECORDS OF HARRIS COUNTY, TEXAS UNDER CLERK'S FILE NUMBER E508131, AND COMMONLY DESCRIBED AS, LA PORTE, TEXAS 77571 (ACCOUNT NUMBER 035-210-010-0020) Minimum Bid: $2,000.00 1A~ RE.SALE. 'RO'E.R~ 2.0~ ~0362100100020 ~ 1'2'" ~a\ O..!'Ocfi~ iR 20 aU<- '\0 ~ SYLV#i aE.ACl'-I _.._-_._-""--_.,,~.,--"._-,...,.... SUMMARY OF FORECLOSURE ACTIVITY HCAD ACCOUNT NO: CAUSE NO: PLAINTIFF(S): JUDGMENT AGAINST: JUDGMENT DATE: ORDER OF SALE: DEED RECORDED DATE: CONSTABLE: PROPERTY ADDRESS: LEGAL DESCRIPTION: 035-210-010-0020 Property Struck off for: Value 2003-11198 City of La Porte & La Porte Independent School District Wyndham Ray Rhoden July 16, 2003 STRUCK OFF DATE: January 6,2004 December 8, 2003 STRUCK OFF TO: City of La Porte Bill Bailey, Constable Precint No 8 Bayshore Drive Tr 20 Block 10 Sylvan Beach ADJUDGED VALUE (IN JUDGMENT): SQUARE FOOTAGE: $10,470.00 3,125 SUMMARY OF SALE ACTIVITY BIDDER: AMOUNT OF BID: AMOUNT OF DEPOSIT: AMOUNT DUE: BIDDER'S ADDRESS: $2,000.00 $200.00 $1,800.00 BIDDER'S PHONE NO: PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT COUNTY, ET JUDGMENT TO AL. % SCHOOL % CITY % TOTAL AMOUNT DUE $3,719.69 27.15% $6,436.28 46.97% $3,546.60 25.88% $13,702.57 ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES CONSTABLE! ESTIMATED AMOUNT AMOUNT OF COURT PUBLICATION FEE AD LITEM RESEARCH FEE & TO BE PRORATED TO BID COST (TISD) FEE DEED RECORDING FEE TAXES $2,000.00 $303.00 $575.00 $0.00 $250.00 $872.00 PRORATED TAX AMOUNTS TO EACH JURISDICTION OWED TO COUNTY % SCHOOL % CITY % TOTAL PRORATED AMOUNT $236.71 27.15% $409.59 46.97% $225.70 25.88% $872.00 Amount of Bid: Costs: -District Clerk -Tax Master -Constable Fee -Publication -Abstract Fee -Cost -Ad Litem Fee Taxing Jurisdictions: City of La Porte La Porte ISO Harris County San Jacinto CCD State of Texas Costs + Taxes $14,830.57 Adjudged Value $ 10,470.00 $2,000.00 Total: $253.00 $50.00 Chris Stacy $400.00 $175.00 $250.00 $0.00 $0.00 $872.00 Amount in Judgment: $3,546.60 $6,436.28 $3,719.69 $0.00 $0.00 $13,702.57 % 25.88% 46.97% 27.15% 0.00% 0.00% 100.00% Amount Received $225.70 $409.59 $236.71 $0.00 $0.00 $872.00 P203 17 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 13.2010 Budl!et Requested By: .Jnhn .Tnerns Source of Funds: Department: City MllAllger's Offi~e Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance and Exhibit A Amount Requested: Exhibits: Letter to 65 La Porte Ltd., dated September 1,2010 Budgeted Item: YES NO Exhibits Strike & Underline of changes in original Ordinance and Exhibit A SUMMARY & RECOMMENDATION In September 2004, 65 La Porte Ltd., petitioned the City to create a Public Improvement District (PID). A PID was created and after discussion/negotiation with the developer the adopted service and assessment plan and related documents included two components; (1) an assessment for capital improvements and (2) an assessment for maintenance ofPID related items. Recent discussions with the developer and our PID/TIRZlRedevelopment Authority consultants considered re-structuring(s) ofthe PID up to and including deletion of the maintenance component for PID related items. The approach preferred by both the developer and staff is to delete the maintenance component with the capital component to be maintained. Approving this ordinance (with Exhibit A, First Amended and Restated Service and Assessment Plan) will remove the maintenance component, but keep in place the capital assessment. If approved what will be required as a follow up is are-plat of Lakes of Fairmont Greens Section One, restructuring of the Developers Agreement (and its Exhibits) and a public hearing and approval of an ordinance levying the assessment for the capital component for Section One. The developer has been provided a letter acknowledging the follow up items that are required before building permits will be considered. Date ORDINANCE NO. 3d-- lb AN ORDINANCE OF THE CITY COUNCIL OF LA PORTE, TEXAS, APPROVING THE FIRST AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN FOR THE CITY OF LA PORTE LAKES AT F AIRMONT GREENS PUBLIC IMPROVEMENT DISTRICT; CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of La Porte (the "City") is authorized pursuant to TEXAS LOCAL GOVERNMENT CODE, chapter 372, as amended ("Chapter 372") to create public improvement districts for the purposes described therein; and WHEREAS, the City received a petition (the "Petition") requesting the creation of the City of La Porte Lakes at Fairmont Greens Public Improvement District (the "PID"), held a public hearing, and created the PID in accordance with the applicable provisions of Chapter 372; and WHEREAS, the City passed and adopted Resolution No. 2007-02 on January 22, 2007 establishing the Lakes at Fairmont Green Public Improvement District; and WHEREAS, the City passed and adopted Ordinance No. 3067 on March 10, 2008 approving the Service and Assessment Plan for the Lakes at Fairmont Green Public Improvement District; and WHEREAS, the City Council wishes to adopt an amended and restated Service and Assessment Plan with respect to the PID; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, that: Section 1. The facts recited in the preamble hereto are found to be true and correct. Section 2. Ordinance No. 3067 and the Service and Assessment Plan adopted thereby are hereby repealed in their entirety and that the First Amended and Restated Service and Assessment Plan attached to this Ordinance as Exhibit A is hereby approved and adopted on behalf of the PID, and the Mayor, City Secretary and any other appropriate officials of the City are hereby authorized to take all necessary actions on behalf of the City to implement the terms thereof in accordance therewith. 1 Section 3. It is hereby found, determined and declared 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. City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the J6~ay of S~~. d!!t Attest: . tJJ[a.UJI l~ ~ i- Martha Gillett, City Secretary . A~fonn: r~ Clark T. Askins, Assistant City Attorney 2 EXHIBIT A First Amended and Restated Service and Assessment Plan Lakes at Fairmont Greens Public Improvement District City of La Porte, Harris County, Texas 1. Introduction This First Amended and Restated Service and Assessment Plan (the "Plan") is prepared and adopted in conformance with the Public Improvement District Assessment Act, codified as Chapter 372, Texas Local Government Code (the" Act"), and pursuant to Resolution No. 2007- 02 creating the Lakes at Fairmont Greens Public Improvement District (the "PID" or the "District"), La Porte (the "City"), Harris County, Texas. The creation of the PID was initiated by a petition (the "Creation Petition") submitted by property owners within the PID boundaries in compliance with the requirements of Section 372.005 of the Act. This Plan supersedes and replaces the Service and Assessment Plan adopted March 10, 2008 by Ordinance No. 3067 and specifically removes the supplemental services component of the PID. 2. Boundaries The boundaries of the PID are as indicated in the map attached as Exhibit A. 3. Administration of the District Administration of the District is the responsibility of the City Council of the City of La Porte, Texas but to the extent allowed by law, the City may contract with a private sector company to carry out all or part of the City responsibilities as well as day-to-day operations and administration of the District. 4. Public Improvements a. The Public Improvements to be financed and constructed hereby (the "Public Improvements") serve to promote the construction of single-family units ("SFU"). The Public Improvements included in the Plan will confer a special benefit to properties within the Public Improvement District and will consist of the construction of site work, water lines, sanitary sewer lines, storm sewers, erosion control, contingency provisions, engineering services, financing costs, and administrative and legal services for the PID. The Public Improvements will be pre-funded by the developer of the residential subdivision within the PID. Under the Development Agreement executed between the Developer and the City, the Developer will be entitled to receive reimbursement of up to 35% of the Public Improvement costs subject to the limitations contained in the Agreement. 1. Lakes at Fainnont Greens Lakes at Fairmont Greens Subdivision is being developed by 65 La Porte, Ltd. and will contain an estimated 462 single-family units within the Public Improvement District. The City of La Porte, Lakes at Fairmont Greens Public Improvement District I Public Improvements authorized under this Plan for Lakes at Fairmont Greens, and the estimated costs thereof, are described below: LAKES AT FAIRMONT GREENS Public Improvement Costs PUBLIC IMPROVEMENT ESTIMATED COST PID COSTS (35%) Site Work $479,886 $167,960 Water Lines $452,352 $158,323 Sanitary Sewer $963,157 $337,105 Storm Sewer $1,557,746 $545,211 NPDESjErosion Control $274,771 $96,170 Contingency $559,187 $195,715 Engineering $643,065 $225,073 PID Creation Costs (100%) $30,000 $30,000 Subtotal $4,960,164 $1,755,557 Financing Cost $1,320,831 Administration & Legal Expenses $213,841 TOTAL $3,290,229 5. Construction of Public Improvements Design and construction of all Public Improvements will be performed to City specifications, and all construction shall be bid as required by the City. The Plan will be reviewed annually in accordance with the provisions of Chapter 372 of the Local Government Code and will include a review of the budgets, expenditures and revenues of the District. Additionally, the Plan will be reviewed for the purpose of establishing the installments for assessments based upon the costs for Public Improvements and the financial needs of the District. 6. Conveyance of Improvements to the City Upon completion of the improvements, and final inspection and acceptance of the Public Improvements by the City, the Developers will convey all rights to the improvements to the City or homeowner's association as applicable, subject to the Developer's rights of reimbursement described in the Development Agreement executed between the Developer and the City. 7. Authorized Improvements The area within the PID that is covered by this Service and Assessment Plan will be developed as single family residential. This Plan designates the Public Improvements required for the growth and development of the land within the PID. The goal of this Plan is to provide City of La Porte, Lakes at Fairmont Greens Public Improvement District 2 sufficient certainty for the owners of land within the PID to proceed with the financing and construction of the necessary Public Improvements, while allowing for sufficient flexibility to meet the needs of the PID over the life of the development of residential properties within the PID. The construction of the Public Improvements authorized herein began in calendar year 2007. The proposed phasing is estimated and may vary. The cost estimates provided above are expressed in calendar year 2007 dollars. The actual costs of the Public Improvements will be determined by an audit of the developer's costs. 8. Advance Financing by Developer The Developer will advance the funds for construction of the Public Improvements and will be entitled to repayment pursuant to the Development Agreement executed between the City and the Developer. Although the Public Improvements are required for the growth and development of the PID, it is not necessary for them to be built simultaneously. 9. Apportionment of Costs Payment of assessments, if any, on property owned by exempt jurisdictions other than the City shall be established by contract. 10. Levy of Assessments a. Public Improvement Costs The plan of assessment contemplates that the public improvement cost assessment will be levied in phases. The assessment year shall be concurrent with the City's tax year. The assessments against property may be paid in annual installments based on an amortization of not more than fifteen (15) years plus the period between the effective date of the assessment ordinance and the date of the first installment. The interest rate on financed capital assessments is eight percent (8.00%) per annum. The assessments shall be based upon the actual cost of the Public Improvements plus those related costs as deemed reimbursable by the City. The cost of the Public Improvements will consist of the costs to construct site work, storm sewers, water lines, sanitary sewers, erosion control, related professional design and engineering fees, administrative and legal services and interest payable to the Developer pursuant to the Development Agreement. 1. Lakes at Fainnont Greens The Plan estimates the following assessments for residential properties in Lakes at Fairmont Greens according to the cost of the Public Improvements. The total assessment can be paid upfront at the time the property containing a habitable structure is purchased or at any time thereafter. The assessment can also be financed and paid in equal annual installments over fifteen (15) years as prescribed below. City of La Porte, Lakes at Fairmont Greens Public Improvement District 3 The following assessment will apply to all lots and is payable in the manner described herein. Assessment - Public Improvement Costs (Capital Assessment) Total Assessment Financed Assessment $0.5273 per square foot of residential pro er $0.0616 per square foot of residential property per year B. Levy and collection. Notice of the levy of each assessment will be given as provided in Chapter 372 of the Local Government Code. The assessment levy statement will be sent to each property owner in the District, and the installment of the assessment levy will be due and payable at the same time property taxes are due and payable to the City. Financed Public Improvement Cost assessments (capital assessments) shall bear interest at eight percent (8.00%) per annum. The first installment of an assessment against a particular property shall be due with respect to the calendar year following the date such property has been improved with a habitable structure as evidenced by the issuance of a certificate of occupancy. The City will invoice each owner of property for the installment payment in conjunction with the City's annual property tax bill, and the installments shall be due and payable, and incur penalty and interest for unpaid installments in the same manner as provided for the City's property taxes. Thereafter, subsequent installments shall be due in the same manner in each succeeding calendar year until the assessment together with interest as provided herein has been paid in full. The owner of assessed property may pay at any time the entire assessment then due on each property, with interest accrued on the assessment through the date of payment. Failure of an owner to receive an invoice shall not relieve the owner of the responsibility of for the assessment. A lien will be established against the property assessed effective as of the date of the ordinance levying the assessment, privileged above all other liens, including prior mortgage liens, to the extent allowed by Section 372.018(b) of the Local Government Code. Assessment installments shall be considered delinquent on the same date as the City's property taxes. Delinquent assessments or installments shall incur the costs of collection. If practicable, the assessment shall be included on the City property tax statement. Notwithstanding the above, the assessment lien shall be perfected immediately as to the entire assessment, but may be executed only with respect to the amounts then due or past due for current or prior installments or final payment. Assessments are personal obligations of the person owning the property assessed in the year an installment payment becomes due, and only to the extent of such installment(s). The owner of assessed property may pay at any time the entire assessment then due on each property, with interest accrued on the assessment through the date of payment. City of La Porte, Lakes at Fairmont Greens Public Improvement District 4 ~ :I 11 ~ EXHIBIT A STATE HIGHWAY 146 :%: 31: EXHIBIT I) NORTH .. .. ....",.- City of La Porte, Lakes at Fairmont Greens Public Improvement District 5 City of La Porte Established 1892 September 1, 2010 65 La Porte, Ltd. 340 N. Sam Houston Pkwy. E., Suite 100 Houston, TX 77(0",0 Attn: Mr. Jim Larson RE: FIRST AMENDED and RESTATED SERVICE and ASSESSMENT PLAN Dear Mr. Larson, Per our meeting of August 18, 2010, the La Porte City Council will consider an ordinance at their September 13th meeting approving an Amended Service and Assessment Plan for the Lakes at Fairmont Greens Public Improvement District (PID). The amended plan will remove the supplemental services and references to the Developers Agreement, but keep in place the Public Improvements assessment. If City Council approves this action, the City and 65 La Porte, Ltd. will need to fol/ow up with the proposed replat and a modified Developers Agreement (including its exhibits) removing references to maintenance of infrastructure by the (PID). These follow up items will need to be completed before issuance of any building permits in Section One and before the Public Hearing and levying of an assessment against Section One. We believe this arrangement will benefit both 65 La Porte, Ltd. and the City by simplifying the Public Improvement District agreement and placing the maintenance In the hands of the HomeoWner's Association. We thank you for your efforts and cooperation on this matter. Please acknowledge by having Dr. Reddy sign and return this letter. ~ Dr. Mal/adl S. Reddy, M.D. - Principal 65 La Porte, Ltd. 340 N. Sam Houston Pkwy. E., Suite 100 Houston, TX 77060 cc: Ron Bottoms, City Manager Tim Tietjens, Planning Director C/CLP Shared Folder/CMO - TIRZ - Amended Service and Assessment Plan for Lakes at Fairmant Green PIO 604 W. Fairmont Pkwy. . La Porte, Texas 77571 . (281) 471-5020 I ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF LA PORTE, TEXAS, APPROVING THE FIRST AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN FOR THE CITY OF LA PORTE LAKES AT F AIRMONT GREENS PUBLIC IMPROVEMENT DISTRICT; CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of La Porte (the "City") is authorized pursuant to TEXAS LOCAL GOVERNMENT CODE, chapter 372, as amended ("Chapter 372") to create public improvement districts for the purposes described therein; and WHEREAS, the City received a petition (the "Petition") requesting the creation of the City of La Porte Lakes at Fairmont Greens Public Improvement District (the "PID"), held a public hearing, and created the PID in accordance with the applicable provisions of Chapter 372; and WHEREAS, the City passed and adopted Resolution No. 2007-02 on January 22, 2007 establishing the Lakes at Fairmont Green Public Improvement District; and WHEREAS, the City passed and adopted Ordinance No. 3067 on March 10, 2008 approving the Service and Assessment Plan for the Lakes at Fairmont Green Public Improvement District; and WHEREAS, the City Council wishes to adopt an amended and restated Service and Assessment Plan with respect to the PID; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, that: Section 1. The facts recited in the preamble hereto are found to be true and correct. Section 2. Ordinance No. 3067 and the Service and Assessment Plan adopted thereby are hereby repealed in their entirety and that the First Amended and Restated Service and Assessment Plan attached to this Ordinance as Exhibit A is hereby approved and adopted on behalf of the PID, and the Mayor, City Secretary and any other appropriate officials of the City are hereby authorized to take all necessary actions on behalf of the City to implement the terms thereof in accordance therewith. 1 Section 3. It is hereby found, determined and declared 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. City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective upon its passage and approval. PASSED AND APPROVED this the_ day of ,2010. Louis Rigby, Mayor Attest: Martha Gillett, City Secretary Approved as to form: Clark T. Askins, Assistant City Attorney 2 EXHIBIT A First Amended and Restated Service and Assessment Plan Lakes at Fairmont Greens Public Improvement District City of La Porte, Harris County, Texas 1. Introduction This First Amended and Restated Service and Assessment Plan (the "Plan") is prepared and adopted in conformance with the Public Improvement District Assessment Act, codified as Chapter 372, Texas Local Government Code (the" Act"), and pursuant to Resolution No. 2007- 02 creating the Lakes at Fairmont Greens Public Improvement District (the "PID" or the "District"), La Porte (the "City"), Harris County, Texas. The creation of the PID was initiated by a petition (the "Creation Petition") submitted by property owners within the PID boundaries in compliance with the requirements of Section 372.005 of the Act. This Plan supersedes and replaces the Service and Assessment Plan adopted March 10, 2008 by Ordinance No. 3067 and specifically removes the supplemental services component of the PID. 2. Boundaries The boundaries of the PID are as indicated in the map attached as Exhibit A. 3. Administration of the District Administration of the District is the responsibility of the City Council of the City of La Porte, Texas but to the extent allowed by law, the City may contract with a private sector company to carry out all or part of the City responsibilities as well as day-to-day operations and administration of the District. 4. Public Improvements and Supplemental Servkes a. The Public Improvements to be financed and constructed hereby (the "Public Improvements") serve to promote the construction of single-family units ("SFU"). The Public Improvements included in the Plan will confer a special benefit to properties within the Public Improvement District and will consist of the construction of site work, water lines, sanitary sewer lines, storm sewers, erosion control, contingency provisions, engineering services, financing costs, and administrative and legal services for the PID. The Public Improvements will be pre-funded by the developer of the residential subdivision within the PID. Under the Development Agreement executed between the Developer and the City, the Developer will be entitled to receive reimbursement of up to 35% of the Public Improvement costs subject to the limitations contained in the Agreement. b. The Supplem-cntal Services included in this plan will confer a special benefit to properties within the Public Impro'.Temcnt District and will consist of operation and maintenance of common areas, green spaces, public landscaping, recreational facilities, certain drainage structures, and other common facilities as described in Article V of the De'.Tcloper's Agreement attached as Exhibit B. City of La Porte, Lakes at Fairmont Greens Public Improvement District I I. Lakes at Fainnont Greens Lakes at Fairmont Greens Subdivision is being developed by 65 La Porte, Ltd. and will contain an estimated 462 single-family units within the Public Improvement District. The Public Improvements authorized under this Plan for Lakes at Fairmont Greens, and the estimated costs thereof, are described below: LAKES AT FAIRMONT GREENS Public Improvement Costs PUBLIC IMPROVEMENT ESTIMATED COST PID COSTS (35%) Site Work $479,886 $167,960 Water Lines $452,352 $158,323 Sanitary Sewer $963,157 $337,105 Storm Sewer $1,557,746 $545,211 NPDES/Erosion Control $274,771 $96,170 Contingency $559,187 $195,715 Engineering $643,065 $225,073 PID Creation Costs (100%) $30,000 $30,000 Subtotal $4,960,164 $1,755,557 Financing Cost $1,320,831 Administration & Legal Expenses $213,841 TOTAL $3,290,229 5. Construction of Public Improvements Design and construction of all Public Improvements will be performed to City specifications, and all construction shall be bid as required by the City. The Plan will be reviewed annually in accordance with the provisions of Chapter 372 of the Local Government Code and will include a review of the budgets, expenditures and revenues of the District. Additionally, the Plan will be reviewed for the purpose of establishing the installments for assessments based upon the costs for Public Improvements and the financial needs of the District. 6. Conveyance of Improvements to the City Upon completion of the improvements, and final inspection and acceptance of the Public Improvements by the City, the Developers will convey all rights to the improvements to the City or homeowner's association as applicable, subject to the Developer's rights of reimbursement described in the Development Agreement executed between the Developer and the City. City of La Porte, Lakes at Fairmont Greens Public Improvement District 2 7. Authorized Improvements The area within the PID that is covered by this Service and Assessment Plan will be developed as single family residential. This Plan designates the Public Improvements required for the growth and development of the land within the PID. The goal of this Plan is to provide sufficient certainty for the owners of land within the PID to proceed with the financing and construction of the necessary Public Improvements, while allowing for sufficient flexibility to meet the needs of the PID over the life of the development of residential properties within the PID. The construction of the Public Improvements authorized herein will begin began in calendar year 2007. The proposed phasing is estimated and may vary. The cost estimates provided above are expressed in calendar year 2007 dollars. The actual costs of the Public Improvements will be determined by an audit of the developer's costs. 8. 9. Advance Financing by Developer The Developer will advance the funds for construction of the Public Improvements and will be entitled to repayment pursuant to the Development Agreement executed between the City and the Developer. Although the Public Improvements are required for the growth and development of the PID, it is not necessary for them to be built simultaneously. 9. :w. Apportionment of Costs Payment of assessments, if any, on property owned by exempt jurisdictions other than the City shall be established by contract. 10.11 Levy of Assessments a. Public Improvement Costs The plan of assessment contemplates that the public improvement cost assessment will be levied in phases. The assessment year shall be concurrent with the City's tax year. The assessments against property may be paid in annual installments based on an amortization of not more than fifteen (15) years plus the period between the effective date of the assessment ordinance and the date of the first installment. The interest rate on financed capital assessments is eight percent (8.00%) per annum. The assessments shall be based upon the actual cost of the Public Improvements plus those related costs as deemed reimbursable by the City. The cost of the Public Improvements will consist of the costs to construct site work, storm sewers, water lines, sanitary sewers, erosion control, related professional design and engineering fees, administrative and legal services and interest payable to the Developer pursuant to the Development Agreement. City of La Porte, Lakes at Fairmont Greens Public Improvement District 3 b. Supplemental Services The total assessment for supplemental services can be paid upfront at the time the property containing a habitable structure is purchased or at any time thereafter. The assessment can also be paid in equal installments over fifteen (15) yeam as prescribed below. 1. Lakes at Fainnont Greens The Plan estimates the following assessments for residential properties in Lakes at Fairmont Greens according to the cost of the Public Improvements. The total assessment can be paid up front at the time the property containing a habitable structure is purchased or at any time thereafter. The assessment can also be financed and paid in equal annual installments over fifteen (15) years as prescribed below. The following assessment will apply to all lots and is payable in the manner described herein. Assessment - Public Improvement Costs (Capital Assessment) Total Assessment Financed Assessment $0.5273 er s uare foot of residential proper $0.0616 per square foot of residential property per year Assessment Supplemental Services ~~~o~.og;e~ io~ $300.00 per lot per year ~s~~~~ Annual Asscs~ment Payment B. Levy and collection. Notice of the levy of each assessment will be given as provided in Chapter 372 of the Local Government Code. The assessment levy statement will be sent to each property owner in the District, and the installment of the assessment levy will be due and payable at the same time property taxes are due and payable to the City. Financed Public Improvement Cost assessments (capital assessments) shall bear interest at eight percent (8.00%) per annum. The first installment of an assessment against a particular property shall be due with respect to the calendar year following the date such property has been improved with a habitable structure as evidenced by the issuance of a certificate of occupancy. The City will invoice each owner of property for the installment payment in conjunction with the City's annual property tax bill, and the installments shall be due and payable, and incur penalty and interest for unpaid installments in the same manner as provided for the City's property taxes. Thereafter, subsequent installments shall be due in the same manner in each succeeding calendar year until the assessment together with interest as provided herein has been paid in full. The owner of assessed property may pay at any time the entire assessment then due on each property, with interest accrued on the assessment through the date of payment. Failure of City of La Porte, Lakes at Fairmont Greens Public Improvement District 4 an owner to receive an invoice shall not relieve the owner of the responsibility of for the assessment. A lien will be established against the property assessed effective as of the date of the ordinance levying the assessment, privileged above all other liens, including prior mortgage liens, to the extent allowed by Section 372.018(b) of the Local Government Code. Assessment installments shall be considered delinquent on the same date as the City's property taxes. Delinquent assessments or installments shall incur the costs of collection. If practicable, the assessment shall be included on the City property tax statement. Notwithstanding the above, the assessment lien shall be perfected immediately as to the entire assessment, but may be executed only with respect to the amounts then due or past due for current or prior installments or final payment. Assessments are personal obligations of the person owning the property assessed in the year an installment payment becomes due, and only to the extent of such installment( s). The owner of assessed property may pay at any time the entire assessment then due on each property, with interest accrued on the assessment through the date of payment. City of La Porte, Lakes at Fairmont Greens Public Improvement District 5 EXHIBIT A STATE HIGHWAY 146 ~ ~ ~ EXHIBIT 0) NORTH - - ....1"._ City of La Porte, Lakes at Fairmont Greens Public Improvement District 6 18 19 A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 13.2010 Bude:et Requested By: D. Wilmore Source of Funds: Department: Planning Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Code of Ordinance - Sect. 34-126 thru Sect. 34-136 Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Chapter 34, Environment, of the City's Code of Ordinances includes mowing regulations. As currently written, properties with weeds more than 12" on lots and 18" on acreage constitute a public nuisance where located within 150 feet of the property line of a residence or place of business. The purpose of this workshop is to discuss a possible amendment requiring developments or subdivisions, regardless of distance to a residence or place of business, to maintain their properties at a height less than 18" in height. This regulation would apply once the project's [mal plat is approved and accepted by the City. Included are the current regulations and proposed language that would require the maintenance of development or subdivision. Staff is asking Council to review the proposal and provide direction in this matter. Action Required bv Council: a possible amendment to mowing regulations and provide staff with direction. ~ bl/o ate I Sec. 34-126. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Acreage means a tract of land that is in excess of three-quarters of an acre (32,670 sq. ft.) in land area. Any and all other objectionable, unsightly or insanitary matter of whatever nature means all uncultivated vegetable growth, objects and matters not included within the meaning of the other terms as defined in this section, which are liable to produce or tend to produce an unhealthy, unwholesome or insanitary condition to the premises within the general locality where such conditions are situated, and shall also include any species of ragweed or other vegetable growth which might or may tend to be unhealthy to individuals residing within the general locality of where such conditions are situated. Brush means all trees or shrubbery under seven feet in height which are not cultivated or cared for by persons owning or controlling the premises. Lot means a tract of land that is less than three-quarters of an acre (32,670 sq. ft.) in land area, and includes, in addition to the ground within its boundaries, all ground lying and being adjacent to and extending beyond the property line of such lot or parcel of real estate to the curbline of adjacent streets, where a curbline has been established, and 14 feet beyond the property line where no curbline has been established on adjacent streets; and, in all cases, to the center of all adjacent alleys. Nuisance means whatever is dangerous to human health or welfare, or whatever renders the ground, water, air or food a hazard or an injury to human health. Rubbish means all refuse, rejected tin cans, old vessels of all sorts, useless articles, discarded clothing and textiles of all sorts and, in general, all litter and all other things usually included within the meaning of such term. Weeds means all rank and uncultivated vegetable growth or matter which has grown to more than 12 inches on lots and 18 inches on acreage or which, regardless of height, is liable to become an unwholesome or decaying mass or a breeding place for mosquitoes or vermin. (Code 1970, ~ 13-21; Ord. No. 2003-2623-A, ~ 1,1-14-08; Ord. No. 2003-2623-8, ~ 1, 6-23-08) Cross reference-Definitions generally, ~ 1-2. Sec. 34-127. - Enforcement of article. The terms and conditions of this article shall be enforced by the director of planning or his duly designated agents. It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this article. (Code 1970,913-22; Ord. No. 2003-2623-A, 92, 1-14-08; Ord. No. 2003-2623-8, 92,6-23-08) Sec. 34-128. - Prohibited conditions designated. The following specific acts and conditions are declared to constitute a public nuisance and are hereby prohibited and made unlawful: (1 ) Weeds, brush, rubbish and all other objectionable, unsightly and insanitary matter of whatever nature, covering or partly covering the surface of any portion of a lot, where the lot is located within 150 feet of the property line of a residence or place of business. (2) Weeds, brush, rubbish and all other objectionable, unsightly and insanitary matter of whatever nature, covering or partly covering the surface of acreage, on that portion of the acreage situated within 150 feet of the property line of any residence or place of business. However, in any case where the acreage is abutted by a residence or place of business on more than one side of the acreage, the owner of the acreage shall be responsible for maintaining the surface of every portion of the acreage as required by this article, regardless of the size of the acreage. <II (4) Any lot or parcel of real estate situated within the city which has the surface thereof filled or partly filled with holes, or is in such condition that the lot or parcel holds or is liable to hold stagnant water therein, or, from any other cause, is in such condition as to be liable to cause disease, or produce, harbor or spread disease germs of any nature or tend to render the surrounding atmosphere unhealthy, unwholesome or obnoxious. (Code 1970,9 13-22; Ord. No. 2003-2623-A, 93, 1-14-08) State law reference-Authority of city to prohibit conditions described in this section, V.T.C.A., Health and Safety Code ~~ 342.001-342.004. Sec. 34-129. - Notice-Issuance. Whenever the existence of any nuisance or other prohibited condition on any lot or parcel of real estate situated within the city shall come to the knowledge of the director of planning or his duly designated agents, it shall be his duty to forthwith cause a written notice to be issued to the person owning such lot or parcel as provided in V.T.G.A., Health and Safety Gode ~ 342.006(b). (Code 1970,913-24) Sec. 34-130. - Same-Contents; frequency of notice of abatement. The notice provided for in section 34-129 shall identify the property and require the abatement of such nuisance or removal of such condition by grubbing and removing such weeds, brush, rubbish or other objectionable, unsightly or insanitary matter of whatever nature, as the case may be, or by filling in, draining, leveling or otherwise regulating such lot or parcel of real estate so as to prevent stagnant water standing therein, within ten days from the service of such notice. Such notice shall further state that, in default of the performance of such conditions, the city may, at once, cause the abatement to be done and pay therefor, and charge the cost and expense incurred by the city in doing or having such work done, or improvements made, to the owner of such property, and fix a lien thereon as provided in this article. Such notice may also state that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, and if the city has not been notified in a change of ownership of the property, in writing, within said one year period, then the city may, without further notice, correct the violation and pay therefor, and charge the cost and expense incurred by the city in doing or having such work done, or improvements made, to the owner of such property, and fix a lien thereon as provided in this article. (Code 1970,9 13-25(a); Ord. No. 2003-2623, 92,4-14-03) State law reference-Authority of city to correct or remove conditions described in this section, notice, V.T.C.A., Health and Safety Code ~ 342.006. Sec. 34-131. - Same-Service methods. The notice provided for in sections 34-129 and 34-130 shall be served personally on the owner to whom it is directed or shall be given by letter via regular mail and registered/certified mail addressed to such owner at his last known post office address. If personal service cannot be made and the owner's address is unknown, such notice shall be given by publication at least two times within ten consecutive days in a newspaper of general circulation published within the city; by posting the notice on or near the front door of each building on the property to which the violation relates; or by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. (Code 1970, 9 13-26; Ord. No. 2003-2623-C, 91,8-25-08) Sec. 34-132. - Abatement by city-Generally. (a) In the event of the failure, refusal or neglect of the owner of any premises or property to comply with a notice given him pursuant to this article, it shall be the duty of the director of planning or his duly designated agents to cause the weeds, brush, rubbish or other insanitary matter or condition constituting a nuisance to be promptly and summarily abated, in a reasonable and prudent manner at the expense of the city. The director of planning or his duly designated agents shall carefully determine the cost of such work done and shall charge such costs against the owner of such premises. Cost shall be based upon the charges in amounts established by the city and listed in appendix A of this Code. (b) The city shall have the right to award any quantity of work authorized under this section to a general contractor whose bid shall be accepted by the city council as the lowest and best secured bid for doing the work mentioned in this section during a stipulated time not to exceed one year. (Code 1970, 99 13-25(b), 13-27; Ord. No. 1837, 9 1, 4-27-92; Ord. No. 2003-2623, 9 1, 4-14-03; Ord. No. 2003-2623-A, 94, 1-14-08) State law reference-Authority of city to correct or remove conditions described in this article, V.T.C.A., Health and Safety Code ~ 342.006. Sec. 34-133. - Same-Filing of statement of expenses incurred. After compiling the cost of the work as provided for in section 34-132, and after charging the costs against the owner of the premises, the director of planning or his duly designated agents shall certify a statement of such expenses to the customer service division, who shall bill the property owner and shall file the statement with the county clerk. The cost to remove the lien filed on the property shall be in an amount, per property, to be established by the city and listed in appendix A of this Code. (Code 1970, 9 13-28; Ord. No. 1837,92,4-27-92) State law reference-Statement to be filed, V.T.C.A., Health and Safety Code ~ 342.007(b). Sec. 34-134. - Same-Lien for and collection of expenses. Upon filing the statement of expenses with the county clerk as provided for in section 34-133, the city shall have a privileged lien upon the land described therein and upon which such improvements have been made, in accordance with the provisions of V.T.CA, Health and Safety Code ~ 342.001 et seq. Such liens shall be second only to tax liens and liens for street improvements to secure the expenditures so made, and shall bear ten percent interest on the amount of such expenditures from the date of such payment by the city. For any such expenditures and interest, suit may be instituted by the city attorney and recovery and foreclosure of the lien may be had in the name of the city, and the statement of expenses made in accord with section 34-133, or a certified copy thereof, shall be prima facie proof of the amount expended in such work or improvements. Upon payment of the full charges assessed against any property, pursuant to the procedure set forth in this section, the director of planning or his duly designated agents shall be authorized to execute, for and in behalf of the city, a written release of the lien heretofore mentioned, such written release to be on a form prepared and approved in each case by the city attorney. (Code 1970, ~ 13-29) State law reference-Similar provisions, V.T.C.A., Health and Safety Code ~ 342.007. Sec. 34-135. - Same-At owner's request. Any owner of vacant property in the city shall have the right to contract with the city to remove all such weeds and vegetation as may grow on such real estate by requesting, in writing, the director of planning or his duly designated agents so to do, and by agreeing to the charges to be paid therefor in amounts established by the city and listed in appendix A of this Code. (Code 1970, ~ 13-30; Ord. No. 1837, ~ 3,4-27-92) Sec. 34-136. - Same-Inspection division to handle payments and issue receipts. All payments of money by and collections of money from property owners for the purpose of paying the city for expenses in cutting weeds, or abating other nuisances pursuant to the provisions of this article shall be handled by the inspection division, and a proper receipt issued therefor. Such receipts and the necessary records in connection therewith shall be prepared and handled and maintained as a permanent record, and such sums of money shall be handled in the form and manner prescribed by the director of finance. (Code 1970, ~ 73-31) Sees. 34-137-34-165. - Reserved. B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested September 13,2010 Requested By: Mayor Rigby Appropriation Source of Funds: nla Department: Mavor's Office Account Number: nla Report: Resolution: Ordinance: x Amount Budgeted: n/a Amount Requested: Ordinance Exhibits: Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION La Porte City Council to discuss and approve appointments, reappointments, and fill vacant positions on various Boards and Commissions. The following positions are vacant or term is expiring. Airport Advisory Board: Deborah Rihn-Harvey - Position 1 - Term Expires 2010 Nick Hooke - Position 2 - Term Expires 2010 Steve Gillett - Position 5 (Airport Manager) - Term Expires 2010 Applicants: Charles Harrington, Lawrence "David" Thomas, Jr., Nancy Ojeda, Dorothy M. Coker, Gideon Jones, Richard Warren W. Randolph Woodard and T. J. Walker Building Codes Appeals Board: Tom Campbell- Position I-Chairman - Term Expires 2010 Terry Bunch - Position 2 - Vice Chairman - Term Expires 2010 Position 6 - Vacant Applicants: J.P. Jackson, Dr. Lorena W. Maher, TJ. Walker, Richard Warren and W. Randolph Woodard City of La Porte Tax Reinvestment Zone Number OnelLa Porte Redevelopment Authority: Dave Turnquist - Member - Term Expires 2010 Horace Leopard - Member - Term Expires 2010 J.J. Meza - Member - Term Expires 2010 Chester Pool- Member - Term Expires 2010 Page 2 Applicants: Dorothy M. Coker, Richard Warren, W. Randolph Woodard, T.J. Walker and Nancy Ojeda. Houston Galveston Area Council Representatives: Mayor Rigby will need to be replaced as the alternate representative La Porte Area Water Authority: Vacant Position 1 - Term Expires 2011 David Janda - Member - Term Expires 2010 Ken Schlather - Member - Term Expires 2010 Applicants: Abraham Rosa, Dorothy M. Coker, J.P. Jackson, W. Randolph Woodard, Sharon Jones and Nancy Ojeda La Porte Development Corporation: Mike Clausen - Member - Term Expires 20 I 0 Vacant - Member - Term Expires 2010 Bob Pizzitola - Vice President - Term Expires 2010 Vacant - Member - Term Expires 2011 Applicants: Charles Harrington, Abraham Rosa, Kathryn Aguilar, Dorothy M. Coker, Jacqueline Fowler, Phillip Hoot, J.P. Jackson, Nancy Ojeda, Shirley Jones and T.J. Walker Fire Code Pension Board: City Council Representative John Joerns will need to be replaced due to his resignation. Fiscal Affairs Committee: Vacant - Alternate Member 1 Mayor Rigby will need to be replaced as a member Planning and Zoning Commission: Dottie Kaminski - District 4 - Term Expires 2010 Paul Berner - District 5 - Term Expires 2010 David Janda - Member Alternate 1 - Term Expires 2010 Applicants: Charles Harrington (District 3), Abraham Rosa (District 5), Lawrence "David" Thomas, Jr. (District 5), Susie Burgess (District 3), Patricia A. Clark (District 6), Dorothy M. Coker (District 6), Jacqueline Fowler (District 5), Phillip Hoot (District 5), J.P. Jackson (District I), Dr. Lorena M. Maher (District 5) and Richard Warren (District 2). Southeast Texas Housing Finance Corporation Board of Directors: Page 3 Vacant - Term Expires 2012 Applicants: Charles Harrington, Abraham Rosa, Betty Moore, Dorothy M. Coker and W. Randolph Woodard Houston Galveston Area Council (HGAC): Louis Rigby needs to be replaced since he was elected Mayor. Zoning Board of Adjustments: Lawrence McNeal- Member - Term Expires 2010 Gilbert Montemayor - Member - Term Expires 2010 Applicants: Charles Harrington, Dorothy M. Coker, J.P. Jackson, Richard Warren, W. Randolph Woodard, Shirley Jones, Nancy Ojeda and T.J. Walker In addition, Council needs to take formal action to disband the Main Street Advisory Board. Action Required bv Council: appointing members on various Boards, Commissions and Committees and disbanding the Main Street ry Board. In addition, provide staff with direction. ~ Ii /10 Date ORDINANCE NO. AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby makes the following appointments to the Airport Advisory Board for the City of La Porte Municipal Airport, (three (3) year term) for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position l. - Debra Rihn 2010 Position 2 . - Nick Hooke 2010 Position 3. - Hector Villarreal 2012 Position 4. - Tucker Grant 2012 Position 5. - Steve Gillett 2010 Position 6. - Eliminated by City Council on 7/13/98 by Ord. 98-2265 Section 2. The City Council of the City of La Porte hereby makes the following appointments to the Animal Shelter Advisory Committee, without term, or until their successors shall have been duly appointed and qualified: Veterinarian - Donna Medford, DVM No Term Rabies Control Authority - Ken Adcox No Term Animal Control Officer - Clarence Anderson No Term Animal Welfare Rep. - Dana Dicker No Term City Council At-large Pos. A - John Zemanek No Term Section 3. The City Council of the City of La Porte hereby makes the following appointments to the Bay Area Houston Convention and Visitors Bureau, without term, until their successors shall have been duly appointed and qualified: City Representative 1 - Stacey Osborne - Appointed 6/2009 Hospitality Industry Professional - Joe Bertuglia - Appointed 2/2008 Section 4. The City Council of the City of La Porte hereby makes the following appointments to the Bay Area Houston Economic Development Representatives, without term, until their successors shall have been duly appointed and qualified: Date Appointed Member - Stacey Osborne - Appointed 6/2009 Member - Mike Mosteit - Appointed 10/2004 Section 5. The City Council of the City of La Porte hereby makes the following appointments to the Board of Directors of the City of La Porte Reinvestment Zone Number One, (two (2) year term)- for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Peggy Antone 2011 Position 2 Dave Turnquist 2010 Position 3 Alton Porter 2011 Position 4 Horace Leopard 2010 position 5 Doug Martin 2011 position 6 J.J. Meza 2010 position 8 Chester Pool 2010 2 The City Council of the City of La Porte hereby ratifies the Mayor's appointment of Chairman Lindsey R. Pfeiffer as Chairman of the City of La Porte Tax Increment Reinvestment Zone Number One. The City Council of the City of La Porte hereby ratifies the following appointments by La Porte Independent School District and Harris County: Position 7 Position 9 Lloyd Graham (LPISD) Lindsay Pfeiffer (Harris Co.) Reappointment Chairman 7/27/09 2009 2010 Section 6. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are resident electors of the City of La Porte or non-resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility account for such business, and each of whom the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to building construction, and none of whom are employed by the City of La Porte, to serve as members of the Building Codes Appeals Board (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Torn Campbell 2010 position 2 Terry Bunch 2010 Position 3 Paul Larson 2012 Position 4 Ron Holt 2012 3 Position 5 Ken Schlather 2011 Position 6 Vacant 2011 Position 7 Mark Follis 2011 Section 7. The City Council of the City of La Porte hereby makes the following appointments to the Chapter 172 Employee Retiree Insurance and Benefits Committee, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Citizen Position 1 George Van Dyke No Term Citizen position 2 Steve Valerius No Term Retiree Participant - Aaron Corrales No Term Employee Participant - Matt Daeumer No Term Finance Staff Michael Dolby No Term H.R. Staff Heather Weger No Term Legal Staff Clark T. Askins No Term Alternate Pos. 1 Martha Gillett No Term Alternate Pos. 2 Julie Graham No Term Alternate position 1 may participate in all meetings of the committee but is entitled to vote only in the absence of a regular member i Alternate position 2 may participate in all meetings of the committee but is entitled to vote only in the absence of a regular member, where Alternate Pos. 1 member is not present, or where more than one regular members are absent. Section 8. The City Council hereby makes the following appointments to the Census Count Committee, without term, or until their successors shall have been duly appointment and qualified: Member - Charlie Perry - No Term 4 Member - Vicki Campise - No Term Member - Herman Berges - No Term Member - T.J. Walker - No Term Member - Earl Ehlers - No Term Member - Jeanne Zemanek - No Term Member - Sherry Lowe - No Term Member - Sarah Lindeen - No Term Member - Vacant - No Term Member - Ernest Escobar - No Term Member - Vacant - No Term Member - Vacant - No Term Member - Don Hill - No Term Member - Paula Swearingen - No Term Member - Marie Meehan - No Term Member - Susan Robinson - No Term Member - Jesse Garcia - No Term Member - Betty Moore - No Term Member - Henry Newsome - No Term Member - Joe Lopez - No Term Ex Officio Member - Ken Bays - City of Morgan's Point Ex Officio Member - David Stall - City of Shoreacres Section 9. The City Council hereby ratifies and confirms the appointment by the City Manager of Civil Service Commission Members of the City of La Porte, (three (3) year term) - for terms expiring of the year indicated, or until their successor shall have been duly appointed and qualified: 5 Chairman - Keith Trainer 8/31/2012 Vice Chairman - Les Bird 8/31/2011 Debra Gallington 8/31/2010 Section 10. The City Council of the City of La Porte hereby makes the following appointments to the Drainage and Flooding Committee, without term, or until their successors shall have been duly appointed and qualified: Chairman Mike Mosteit No Term Vice Chairman Mike Clausen No Term Member Chuck Engelken No Term Member Louis Rigby No Term Daryl Leonard - Alternate No Term Section 11: The City Council of the City of La Porte hereby makes the following appointments to the Fire Code Review Board of the City of La Porte, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: District 1 Jack Oliphant 2011 District 2 Jeff Brown 2012 District 3 Woodrow Sebesta 2012 District 4 Floyd Craft 2012 District 5 Jim Bridge 2012 District 6 Lester Clark 2011 At Large-A Bryan Moore 2012 At Large-B Paul Vige 2011 Mayor Lynn Green 2012 6 Section 12. The City Council of the City of La Porte hereby makes the following appointment to the Fire Fighters Pension Board of Trustees, to serve without term or until his successor shall have been duly appointed and qualified: City Council Representative John Joerns No term Section 13. The City Council of the City of La Porte hereby makes the following appointments to the Fiscal Affairs Committee, without term, or until their successors shall have been duly appointed and qualified: Date Appointed Chairman Chuck Engelken Committee Member - Louis Rigby Committee Member - Tommy Moser Served as Al.ternate 2 since Served as Al.ternate 1 since Alternate Member 1 vacant Alternate Member 2 - Daryl Leonard 1998 2008 2010 2004 2009 2009 Section 14. The City Council of the City of La Porte hereby makes the following appointments to the Harris County Appraisal District Representative, without term, or until their successors shall have been duly appointed and qualified: Member - Ed Heathcott 12/31/2011 Section 15. The City Council of the City of La Porte hereby makes the following appointments to the Houston Galveston Areas Council Representatives, without term, or until their successors shall have been duly appointed and qualified: 7 Representative Chuck Engelken No Term Alternate Representative Louis Rigby No Term Section 16. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Area Water Authority, (two (2) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Vacant 2011 Position 2 Dennis H. Steger 2011 Position 3 Steve Valerius 2011 Position 4 David Janda 2010 Position 5 Ken Schlather 2010 Section 17. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are residents of the City of La Porte, and no more than four of whom are elected ci ty officials or city employees, to serve as directors of the City of La Porte Development Corporation without compensation, but with reimbursement for actual expenses, (two (2) year term) for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chuck Engelken 2011 Mike Clausen 2010 Vacant 2010 Vacant 2011 Richard Warren (President) 2011 Bob Pizzitola (Vice President) 2010 Randy Woodard 2011 8 Section 18. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Health Authority, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Health Authority Abdul R. Moosa, M.D. 2011 Alternate Robert D. Johnston, M.D. 2011 Medical Advisor/EMS Oscar Boultinghouse Contract Section 19. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Redevelopment Authority, (two (2) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified. In addition the Council ratifies the Mayor's appointment of Lindsay R. Pfeiffer as Chairman: Position 1 Peggy Antone 2011 Position 2 Dave Turnquist 2010 Position 3 Alton Porter 2011 Position 4 Horace Leopard 2010 position 5 Douglas Martin 2011 Position 6 J.J. Meza 2010 Position 7 L.P.I.S.D. Rep 2009 Position 8 Chester Pool 2010 Position 9 Lindsay R. Pfeiffer, Chairman 2010 Reappointed Chairman, 7/27/2009 Section 20. The City Council of the City of La Porte hereby makes the following appointments to the City of La Porte Planning 9 and Zoning Commission, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chairman Hall Lawler 2012 District 1 Doretta Finch 2011 District 2 Richard Warren 2012 District 3 Kirby Linscombe, Jr. 2012 District 4 Dottie Kaminiski 2010 District 5 Paul Berner 2010 District 6 Les Bird 2011 Alternate 1 David Janda 2010 Alternate 2 Lou Ann Martin 2011 Section 21. 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 vacant 2012 Section 22. The City Council of the City of La Porte hereby makes the following appointments to the Zoning Board of Adjustment, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Chester Pool 2011 Position 2 T. J. Walker 2011 Position 3 Rod Rothermel 2011 position 4 Charles Schoppe 2011 10 Position 5 George W. Maltsberger 2011 Alternate 1 Lawrence McNeal 2010 Alternate 2 Gilbert Montemayor 2010 The City Council of the City of La Porte hereby designates George W. Maltsberger, of Position 5, to serve as Chairman of the Zoning Board of Adjustment until the expiration of the member's term of appointment as designated in this section, or until their successor shall have been duly appointed and qualified. Section 23. 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 24. All ordinances or conflict herewith are repealed to the parts of ordinances in extent of such conflict only. Section 25. 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 11 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 26. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ____day of 2010. CITY OF LA PORTE By: Louis R. Rigby, Mayor ATTEST: Martha A. Gillett City Secretary APPROVED: Clark T. Askins Assistant City Attorney 12 21 CITY COUNCIL DRAINAGE REPORT September 13,2010 Klotz Design and Contract Construction . Design of Sheet Flow Relief Structure Improvements to Creekmont. Fairmont Park West. Brookglen and Fairmont Park East. Plans revised and approved by HCFCD. Begin advertising for bids on September 1st. Bid opening scheduled for September 22nd. . Drainage Study of Brookglen. Design is complete. Awaiting comments from HCFCD to make any necessary revisions. Expect to bid this Project late September. . Fairmont Park East - Fleetwood Drive. Design is complete. Model runs for 5, 10,25 and 100 year storm events have been reviewed by the HOA Engineer and approved. Awaiting approval of Impact Analysis by HCFDC - final plans have been approved by HCFCD. Advertising for bids scheduled for September 8t\ with bid opening scheduled for September 29th.. In-House Design and Construction of City-initiated Proiects. . South La Porte Bay Outfalls. Oakhurst - Agency review by TDRA underway. Schedule is uncertain at this time due to inactivity by TDRA. Staff is trying to schedule a meeting with TDRA to determine status of the Projects and obtain a realistic schedule. . F-2l6 Regional Detention Proiect. Clearing of F-216 regional detention IS approximately 60% complete. Corps of Engineers permit is approved. . City- Wide De-silting of Major Channels - Staff has identified several major channels not currently maintained by flood Control for possible de-silting. These include BI06-05, Arizona from E Street to Park, South 3rd Street from Fairmont Parkway to the WWTP and several side channels off South 8th. Survey is 80% complete. Design of improvements is complete and under review by staff. Expect to bid in late September. . Coordination with Harris County Flood Control District. - Staff has prepared a preliminary list of Project for HCFCD consideration. This list will be considered by the Drainage and Flooding Committee at the next meeting. In-House Drainage Maintenance Activities. . North and South Shady Lane. Survey and design is complete to provide sheet flow in lieu of underground drainage on Broadway and Sunrise into the Bayport Channel. Project is under review by the Port of Houston and Exxon Pipeline. . In-Fill Drainage. Cleaned ditches in various areas of the city. Completed drainage maintenance of South Side. Crews have moved to the Spenwick area for drainage maintenance. Work is complete in the Pine Bluff area. Civil Concepts, a survey firm, has been contracted to perform elevation and topographical survey of South 8th Street, East Main and North and South 16th Streets. Survey completed on South 8th - improvements under design. Survey underway on East Main. Staff has met with Harris County to discuss this area. Harris County requested additional survey information to determine if some of this drainage area can be directed to Barbour's Cut. The Sylvan Beach outfall has been repaired, and Harris County is replacing pipe from Bayshore Drive to the Bay. City crews have cleaned the ditch from Park (Garden Club) to Bayshore Drive. . Total Drainage Maintenance Completed This Period o Cleaning of Ditches o Cleaning of Culverts o Resetting Culverts o Inlets Installed 13,976 LF 4,286 LF 426 LF 7 ea 26 ------------- EXECUTIVE SESSION ORDINANCE NO. 2010- 3 /)..1} & AN ORDINANCE APPROVING AND AUTHORIZING AN EMPLOYMENT AND LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE AND ALEX OSMOND, FOR THE CITY OF LA PORTE BAY FOREST GOLF COURSE; 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 this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of September, 2010. By: ATTEST: a Gillett, City Secretary r APPROVED: tI~z~ Clark T. Askins, City Attorney THE STATE OF TEXAS COUNTY OF HARRIS EMPLOYMENT AND LEASE AGREEMENT THIS EMPLOYMENT AGREEMENT, entered into effective the 1st day of October, 2010, by and between the City of La Porte, a municipal corporation, of Harris County, Texas, sometimes hereinafter designated as "Employer" or the "City," and Alex Osmond, sometimes hereinafter designated as the "Professional" or the "Lessee," or "Independent Contractor." WHEREAS, the City has constructed, and will own and operate the City of La Porte Bay Forest Golf Course, hereinafter referred to as the "Golf Course"; WHEREAS, the City is desirous of entering into a written Employment and Lease Agreement with Professional, all upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. TERM OF AGREEMENT: City hereby employs Professional for the term beginning on October 1,2010, and terminating on September 30, 2015, with an option to renew on a month to month basis thereafter, until terminated by either party hereto, upon thirty (30) days written notice to the other party. Employee hereby accepts such employment. 2. LEASE OF FACILITIES: The Professional hereby leases from City and City hereby leases to Professional, upon the terms and conditions herein contained, for the period of employment of Professional described in Paragraph 1 above, the facilities and the Golf Course Clubhouse described and fully incorporated by reference herein; and Golf Range Facility, described in and fully incorporated by references herein. Rental shall be paid by Professional to City for said facilities in the amount of $1.00 per year or for any part of a year, commencing on October 1,2010 with additional payment on or before each annual anniversary date of this contract. 3. DUTIES OF THE PROFESSIONAL: A. The Professional shall devote his time, attention and energies to the performance of duties as golf professional at the Golf Course during the term of this Agreement. He shall conduct himself at all times and in all matters in accordance with the standards accepted for golf professionals established by the PGA, and in accordance with the rules contained in the City of La Porte Employee Policies Handbook. B. The Professional shall conduct all golf tournaments and shall initiate and promote golf activities for patrons of the Golf Course. C. The Professional shall cooperate with Golf Course patrons and render professional advice, opinions, assistance and services as required. D. The Professional shall maintain a credit rating with suppliers and manufacturers and others as not to discredit the reputation or name of the City. Except in the event of a dispute involving goods or services provided by suppliers or manufacturers, invoices shall be paid within sixty (60) days of due date by Professional. 1 E. The Professional shall supervise, direct and train a staff of employees, of both professional and City including Assistant Professionals, as to perform duties and meet requirements for sales, rentals and services which are, in the opinion of the City and the Professional, necessary. F. The Professional shall operate and maintain a golf shop for repairs, handling, storage, sales leasing, and services related to golf equipment (excluding private power golf cart repair). The City shall provide necessary fire and burglar alarm systems for areas on the golf course clubhouse premises. Professional and his employees shall secure said premises at all times. Professional shall be responsible for carrying insurance as he deems necessary to cover equipment and merchandise utilized by Professional and his employees in the operation and maintenance of the golf pro shop, including insurance on merchandise and equipment utilized by Professional and his employees. It is understood by Professional that the City shall not be maintaining any insurance coverage on merchandise or equipment of Professional. G. The Professional will supervise and work closely with the Greens Superintendent. H. The Professional agrees to be available to attend meetings of the La Porte City Council, and other meetings as directed by the City Manager (or his duly designated representative) as may be necessary to discuss areas within the realm of Professional's duties. I. The Professional agrees to provide management responsibility and authority to all contracts the City enters into for the Golf Course and clubhouse improvement as directed by the City Manager. J. The Professional agrees to provide upkeep, cleaning and maintenance of restroom facilities in a manner generally accepted by the public. 4. DUTIES OF CITY: A. The City agrees to employ, subject to the supervision of Professional, golf course personnel as may be necessary for the proper maintenance and operation of the Golf Course. Provided that said personnel shall be employed only if sufficient funds are provided for by the City Council in its most recent adopted budget on behalf of the City. B. The City will provide Professional the usual and customary employment benefits, including "pay for performance" benefits, as are received by all full time City employees, in accordance with the most current edition of the City of La Porte Employee Policies Handbook adopted by the City Council of the City of La Porte. 5. COMPENSATION: In addition to other remuneration herein indicated to be received by the Professional, under Paragraph 6, Concessions, the Professional shall be paid for his services the following annual sums for each annual period commencing October 1, 2010, payable in bi-weekly installments: Year 1 based on Performance Appraisal- $69,000 current Year 2 up to 5% increase based on Performance Appraisal Year 3 up to 5% increase based on Performance Appraisal Year 4 up to 5% increase based on Performance Appraisal Year 5 up to 5% increase based on Performance Appraisal 2 During the term of this Agreement, the Professional shall be under the supervision and directly responsible to the City Manager or his duly designated representative, and said salary increases shall depend upon rating from the City Manager. As "Additional Compensation," City shall pay professional the following gross percentages, exclusive of sales tax, or any other tax applicable to said gross percentages, on revenues received by City after the first 40,000 rounds of annual play, such sums to be payable by City to Professional within thirty (30) days of the close of each fiscal year of City during this Agreement: Green Fees Cart Rentals After 40,000 Rounds After 40,000 Rounds 7% 15% The relationship between the City and Professional shall be that of Employer-employee, and shall not be construed to be a partnership relationship in any respect. There shall be deducted from all compensation paid by the City to the Professional such sums, including but without limitation, social security, income tax withholding, health insurance, Texas Municipal Retirement, and any other taxes or state insurance, as Employer is by law obligated to deduct. Except as expressly varied by the terms of this Employment Agreement, the employment of Professional by City, shall be subject to all of the terms and conditions of the current edition of the City of La Porte Employee Policies Handbook. 6. CONCESSIONS: In addition to performing the duties required under Paragraph 3 hereof, the Professional shall be given the exclusive privilege, and shall be required, during the term hereof, to operate the following concessions on the Golf Course premises: A. Sale of Merchandise: The Professional shall have the exclusive right as an Independent Contractor to sell golf-related merchandise, exclusive of food and beverages, which concession has been contracted to another party, and to receive all the proceeds therefrom, on the Golf Course property with the obligation upon the Professional to maintain a proper stock to adequately serve the patrons. It is understood by Professional that the City shall not be carrying business interruption insurance on said golf-related merchandise for sale. The Professional shall set and post business hours for the golf shop according to the season. The Professional shall have the sole right to recover lost golf balls from the golf course property. B. Golf Instruction: The Professional and his staff shall have the exclusive right as the Independent Contractors to contract for golf lessons at the location of the Golf Course. Charges for such lessons shall be fixed by and received by the Professional. Records shall be kept by the Professional of the number of lessons given and charges received by the Professional. C. Golf Club Services: The Professional, as an Independent Contractor, at his option, may offer to service, clean and repair golf clubs for patrons of the Golf Course. Any revenues therefrom shall be the sole property of the Professional. If Professional 3 decides not to offer said service, he shall so notify the City in writing, which shall then have the right to offer this concession to a third party. D. Power Golf Cars and Golf Carts: The Professional and/or his assistant shall be responsible for the leasing of power golf cars to patrons of the Golf Course, and the handling of bags on and off said cars. The power golf cars are owned and maintained by the City. The decision to allow cars on the course shall be determined by the Greens Superintendent after consultation with the Professional. The revenues for power golf cars shall be solely the property of the City, subject to the Professional's right, however, to additional compensation as provided in Paragraph 4. E. Golf Range: Professional shall be responsible for the operation of the golf range, and shall have the exclusive right to rent practice balls in the area provided by the Golf Course for that purpose and to receive all revenues therefrom. The Professional will provide ball dispensing machines, range balls, retrieval, and washing equipment. City will be responsible for grass cutting and maintenance of the range. F. Cash Register: Professional shall maintain a separate cash register for Professional's golf shop, driving range, and private lessons. All green fees, power cars, and cart rentals and any other revenues from the Golf Course shall be rung up and maintained in a separate cash register to be furnished by the City. Professional shall follow accounting procedures established by the City's Director of Finance to account for all green fees, power car and cart rentals, and any other revenues from the Golf Course. Professional understands as part of the City's accounting practice, inter- departmental audits may be conducted by the City's Director of Finance, or said Director's designated representative, at his discretion. G. Reporting: Professional shall furnish the City Manager with a copy of Professional's sales tax returns and schedule "C" tax return on Professional's operations when requested. 7. TERMINATION: This Agreement will terminate in any of the manners provided in the City of La Porte Employees Policies Handbook, or upon the happening of any of the following events: A. Upon the normal termination of this Agreement if not renewed. B. Upon the death of the Professional. C. Upon the physical disability of the Professional. Said disability shall be such as will incapacitate the Professional for an aggregate of six months during the working period of this Agreement. After such period the City can elect to terminate this Agreement within sixty (60) days after notice is delivered to the Professional. D. Upon written notice by the City of termination for good and sufficient cause: Such good and sufficient cause shall include, but not be limited to, the following: a. Dishonesty detrimental to the best interests of the City. b. Continuing inattention or negligence of duties. c. Suspension from the PGA for more than 30 days. d. Illegal or immoral conduct. In the event of termination of this Agreement, the Professional shall be paid his compensation to and including the month of death or, in the event of disability, shall be paid to the first of the month in which termination occurs. 4 In the event of termination by death, disability, or by the City other than for good and sufficient cause prior to the normal termination date, the Professional or his representative may elect to have the City purchase all logo-type merchandise purchased within the previous one (1) year, at Professional's cost less depreciation as set forth under standard accounting practices, and to pay the same to the Professional or his representative within thirty (30) days of the date of the notice of such election. The Professional shall be responsible for all outstanding debts of the Professional. 8. OTHER EMPLOYMENT: Professional shall not, during the term hereof, be interested directly or indirectly, in any manner, as partner, officer, director, stockholder, advisor, employee or in any other capacity in any business that provides goods or services to La Porte Baby Forest Golf Course. 9. VACATION AND SICK LEAVE: Professional's vacation, sick leave, and other benefits as an employee of the City shall be as set forth in the current edition of the City of La Porte Employee Policies Handbook, except modified by this Agreement. 10. NON-ASSIGNABILITY: The parties hereto agree that Professional's services are personal and that this Employment and Lease Agreement shall not be assignable by Employer but shall be binding upon the heirs, administrators and executors of Professional. Neither the Professional nor his wife, nor his heirs have any right to sell transfer or assign the right to receive payments hereunder and any such attempted assignment or transfer shall, at the option of Employer, terminate this Agreement. 11. NOTICES: All notices, requests, demands and other communications provided for by this Agreement shall be in writing and shall be deemed to have been given upon deposit thereof for mailing at any general or branch United States Post Office enclosed in a registered or certified postpaid envelope and addressed as follows: To the City: City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 Attn: City Manager To the Professional: Alex Osmond 1038 Oak Leaf LaPorte, TX 77571 12. ENTIRE UNDERSTANDING: This Agreement supersedes any other prior agreements and sets forth the entire understanding of the parties hereto with respect to the subject made thereof and no other representations, warranties or agreements whatsoever have been made to Professional not herein contained. The Agreement shall not be modified, amended or terminated except by another instrument in writing executed by the parties hereto. 5 13. SEVERABILITY: In case one or more of the provisions contained in this Agreement (or any portion of any such provisions) shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement (or any portion of any such provisions), but this Agreement shall be construed as if such invalid, illegal or unenforceable provisions (or portion thereof) had never been contained herein. The failure by either party, at any time, to require performance by the other party of any of the provisions hereof, shall not be deemed a waiver of any kind, nor in any way affect the aggrieved party's right thereafter to enforce the same. 14. GOVERNING LAW: This Agreement and all rights, obligations and liabilities arising hereunder shall be construed and enforced in accordance with the laws of the State of Texas. Venue of any action hereunder shall be in Harris County, Texas. 15. ATTORNEYS FEES: In the event it becomes necessary to commence any proceeding or actions to enforce the provisions of this Employment and Lease Agreement, the Court before whom the same shall be tried may award to the prevailing party all costs and expenses thereof, including but not limited to, reasonable attorney's fees, the usual, customary and lawfully recoverable Court costs, and all other expenses in connection therewith. 16.IDEMNITY: Employee agrees to save and hold harmless City from any loss, claim, or liability including expenses of litigation and reasonable attorney's fees, which the City may incur, by reason of any act, negligence or omission, of Employee in connection with this Agreement. ies hereto have executed this Employment and Lease Agreement By: Ron Bottoms City Manager PRO. ,~PSla:: LESS~ (/~ I/n~_ Alex Osmond 6