1998-08-10 Regular Meeting and Workshop of City Council

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I I I I I I I I I I I I I I . - . I e CITY '1GER ~og os 9y' -E:/1tIJ'/ I o~ 7 9 ~ " . e ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. FAIR MONT PARKWAY P.O, BOX 1218 LA PORTE. TEXAS 77572-1218 KNOX W, ASKINS JOHN ~ ARMSTRONG CHARLES R. HUBER. JR. BOARD CERT''''EO . CIVIL TRIAL LAW TEXAS BOARD OF' LEGAL SPECIALIZATION TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 August 4, 1998 Mr. Robert T. Herrera City Manager City of La Porte City Hall La Porte, Texas Re: TIF Proposal Dear Mr. Herrera: The City of La Porte has been approached by the owners of real property in the south portion of La Porte, adjacent to the City of, La Porte Golf Course, to form a TIF Zone under the provisions of Section 311; Texas Property Tax Code. You have asked my opinion on the question of whether, if the City of La Porte creates a TIF Zone for this particular project, which will consist of the construction of new residential buildings, would the City be in a legal position to turn down a request from a similar developer? My answer to the question posed is "no", and I would like to give you my reasons. Historically, the City of La Porte, in its operations, has endeavored to treat all similarly situated persons and groups, in a like manner. Examples are tax rates, where similar treatment is required by state law; industrial district agreements, where all similarly situated property is given the same industrial tax rate; water, sewer, garbage collection, and other City services which are provided for a fee; and the enforcement of zoning and building codes and other laws and ordinances of the City of La Porte, which are applied in like manner to similarly situated persons and groups. The City of La Porte has had for many years, comprehensive ordinances relating to the subdivision and development of real property for residential subdivisions. These ordinances are very strict, and essentially require the developer to pay one hundred percent (100%) of the development cost, including drainage, water, sewer, curbs and gutters, street signs and street lights. There are probably four or five active subdivision developments currently in the City of La Porte, all of which seem to be prospering economically, without taxpayer subsidy, and all of whom are competitive with one another. In my opinion, the City of La Porte should do nothing to place anyone or more residential subdividers, in a more favorable economic position with tax subsidies, over one or more other subdividers.