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HomeMy WebLinkAboutOrd. 1998-2300 - consulting contract for proposed TIRZ #1 e - ORDINANCE NO. 98-2300 ORIGINAL AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT FOR CONSULTING SERVICES BBTWBEN THE CITY OF LA PORTE AND HAWES HILL , PATTERSON CONSULTAIlTS, L.L.P., FOR REVIEW OF PROPOSED TAX INCREMENT REINVBSTMBNT ZONE; APPROPRIATING $40,000.00 TO FUND ~AID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FIIlDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFBCTIVE DATB 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 descr ibed 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. City Council appropriates the sum not to exceed $40,000.00 from the General Fund to fund said contract. 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 ci ty 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. ORDINANCE NO. 98-2300 e e PAGE 2 section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 23rd day of November, 1998. ATTEST: A~tJ K x W. Askins City Attorney By: CITY OF LA PORTE ~~4 No man -L. Malone Mayor e e CONTRACT FOR CONSULTING SERVICES This contract is by and between Hawes Hill & Patterson Consultants, L.L.P. (the "Consultant") and the City of La Porte (the "Client") for services described below, SCOPE OF SERVICE The Consultant will provide the following services on behalf of the Client with regard to the proposed Reinvestment Zone Number One, City of La Porte, Texas: Reinvestment Zone (TIF) Creation Services · Assist the Client and Developer to determine appropriate creation schedule; · Assist the Client and Developer to prepare a feasibility analysis that includes a proposed boundary description; a proposed TIF Map, tentative plans for the development within the TIF (Projects); an estimate of the general impact of the proposed TIF on all property taxes to be levied within the proposed zone and city revenues; revenue schedule indicating total appraised values for the proposed TIF; and a preliminary statement certifying that "but for" the creation of the TIF, development and/or redevelopment would not occur; · Assist the Client to identify appropriate public policy issues and prepare cost/benefit analysis and issues paper; · Assist the Client in addressing land use issues, zoning issues and development issues; · Work with the developer and the developer's consultants to structure the financing options for inclusion the Preliminary Financing Plan; · Identify existing charts, graphs, and media/marketing material for inclusion in presentations to taxing jurisdictions, political leaders and government officials, and the Reinvestment Zone Financing Plan; · Present study, recommendations and "Draft" Preliminary Financing Plan to Client for possible consideration by City Council. · On Behalf of the Client, work with the developer and the developer's consultants to negotiate and prepare a Preliminary Financing Plan acceptable to the Client. · Assist Client, developer and other taxing units to ensure that all public hearings are held timely and in accordance with Chapter 311, Texas Tax Code and the procedural requirements of other taxing units; Hawes Hill & Patterson Consultants, L.L.P. ro Box 22167, Houston, Texas 77227-2167 713.541.0447/713.541.9906 (Fax) 1 e e . Assist Client to insure that all resolutions and ordinances are prepared correctly; · Prepare/review presentations for consideration by City Council and other taxing units, as necessary; · Attend meetings with the Client, the developer and his consultants to assist with the resolution of issues during the approval and hearing process; · At the request of the Client, attend City Council meetings to brief them on the spegifics of the proposed TIF; and · 4 obtain City Council approval of TIF Creation (if recommended). · Assist Client in the preparation of participation agreements with other taxing units; · Assist Client in the preparation, review and approval of required documents (Articles of Incorporation, By-laws, etc). for the creation of a Development Authority or any other public entity deemed necessary to carry out the public purpose of the Client; . Assist Client with education of its board appointments; · Assist the Client in the development of a Tri-Party Agreement by and between the Authority, TIF and the Client. · Assist Client in the inclusion of other development projects to further the goals of the Client through the TIF; · Assist Client and TIF Board in the preparation of a Project Plan and Reinvestment Zone Financing Plan (the "Plan") for consideration and approval of the TIF Board of Directors and the Client that includes a detailed list describing the estimated project costs of the TIF, including public improvements and services; a statement listing the kind, number and location of all proposed public works, public improvements or services; an economic feasibility study prepared by an independent consultant (provided by Client) acceptable to the Client; the estimated amount of bonded indebtedness to be incurred; the time when related costs or monetary obligations are to be incurred; and a description of the methods of financing all estimated project costs and the expected sources of revenue to finance or pay project costs, including the percentage of tax increment to be derived from the property taxes of each taxing unit that levies taxes on real property in the TIF; the current total appraised value of taxable real property in the TIF; the estimated captured appraised value of the TIF during each year of its existence; and the duration of the TIF; Hawes Hill &: Patterson Consultants, L.L.P. PO Box 22167, Houston, Texas 77227-2167 713.541.0447/713.541.9906 (Fax) 2 e e · Assist Client in the preparation and negotiation of development agreements between the Authority, the City, the TIF and the developer (as appropriate); and · Assist Client to insure that all procedural requirements related to other taxing units are met with regard to the Plan. FEES & INVOICING Professional Fee for Creation Services Hawes Hill & Patterson Consultants agrees to perform the above services for a professional fee in the sum of $40,000. Payment Terms The Client agrees to pay the Consultant in the following manner: Notice to proceed/initial authorization Upon the date of the City Council Public Hearing for the TIF TOTAL $15,000 $25,000 $40,000 Reimbursable Expenses Actual expenses include but are not limited to prints and reproductions, graphics, art supplies, postage, deliveries, long distance telephone calls, submittal fees, parking fees, travel and lodging, and public notices. Photocopies will be charged at actual cost per page, Automobile use directly attributable to this project will be charged at the IRS approved reimbursement rate (currently 32.5 cents per mile.) Every effort will be made to coordinate with Client to use existing resources so as to minimize costs. Travel and lodging expenses related to this project must have prior approval of the Client. Reimbursable expenses will be invoiced on a monthly basis. The Consultant shall keep a full and documented accounting of all funds expended with receipts. TERM OF CONTRACT This Contract Agreement shall become effective upon acceptance and shall continue in force until all work is complete or until terminated per terms of this agreement. This contract may be extended and the scope expanded by mutual agreement of both parties, This notice to proceed and initial authorization is limited to $15,000 until Council action is taken to approve the contract in its entirety. Hawes Hill & Patterson Consultants, L.L.P. PO Box 22167, Houston, Texas 77227-2167 713.541.0447/713.541.9906 (Fax) 3 . e GENERAL TERMS Hawes Hill & Patterson Consultants shall conduct itself in a professional manner when representing the Client and shall make every effort to conduct the business affairs of the Client in a timely manner. ADDITIONAL RESPONSIBILITIES OF CONSULTANT Hawes Hill & Patterson Consultants shall be responsible for subcontracting for other services, which may be deemed necessary to complete the terms of this contract for consulting services. These additional sub-consultant services may include, but are not limited to engineering, legal and other financial sub-consulting services. The decision to contract for additional services will be made jointly by David W. Hawes, General Partner of Hawes Hill & Patterson Consultants and Robert T. Herrera, City Manager La Porte, Texas, Hawes Hill & Patterson Consultants is solely responsible for the payment of sub- consultant services and the City of La Porte shall not be liable for the direct payment to sub-consultants for any services rendered unless otherwise expressly stated and agreed to in writing by the Consultant and the Client. TERMINATION Either party may terminate this agreement by giving a thirty- (30) day written notice. If this agreement is terminated, Hawes Hill & Patterson Consultants shall be paid for all expenses incurred up to the date of termination. All documents, proposals, correspondence, and any other documents pertaining to the project shall be delivered to the Client upon completion or termination of the contract. ACCEPTANCE When executed by both parties, this contract shall evidence the entire agreement, and shall constitute a notice to proceed, unless otherwise designated by Client in writing, This document is being executed in two (2) counterpart originals, each of which has the full force and effect of an original. Please signify your agreement and acceptance by signing below where indicated and return one copy with the retainer payment of $15,000 to Hawes Hill & Patterson Consultants, Hawes Hill & Patterson Consultants, L.L.P. POBox 22167, Houston, Texas 77227-2167 713.541.0447/713.541.9906 (Fax) 4 e e This contract is made and entered into in Harris County, Texas and venue for all purposes shall be in Harris County, Texas. AGREED AND ACCEPTED THIS 83(0 DAY OF lJoJe m ~e ( 1998. a David W. Hawes, Gener artner Hawes Hill & Patterson Consultants, L.L.P. CX~T ~ Robert T. Herrera, City Manager La Porte, Texas c:\hhp\projects\Jake01 \contract\La Porte Contract_1 Hawes Hill & Patterson Consultants, L.L.P. PO Box 22167, Houston, Texas 77227-2167 713.541.0447/713.541.9906 (Fax) s Nov-17-9S 09:S7A HaW~Hi" & Patterson 7_419906 P.02 Hawes Hill & Patterson Consultants. L.L.P. land Development and City Planning SeNIOM .lId o.veloptnent Financing for the Priv_ and Public Seckn The Hawes Hill & Patterson Services and expertise Hawes Hill & Patterson Consultants is a private consulting firm which specializes in consultation on urban planning and land development seNices, tax increment reinvestment zone and public improvement district creation and management. and neighborhood development and empowerment issues. Our firm is widely recognized for its expertise on land development financing tools using tax increment reinvestment zones and public improvement districts. The State of Texas has provided these pub.ie/private development financing tools to assist developers and cities, counties, school districts to accomplish their development planning objectives. Services to our clients indude: . preparation of tax increment reinvestment zone (TIRZ) and pUblic improvement distrid (PIO) plans, applications and petitions . T1RZ and PID creation and management . implementation of development plans . develop and implement managementlfinancial operation control procedures (accounting, procurement & audit) . land planning and land development selVices . land use zoning and deed restriction enforcement . preparation of PIO service and assessment plans . identifying Important stakeholders and critical points of influence . organizing and managing public hearings . making presentations to community groups and policymakers . conducting negotiations and discussions within municipal bureaucracies . creating a structure of intergovernmental discussion and cooperation . geographic information systems applications . municipal charter revision . provide consultation to local governments concerning cost allocation procedures & methodologies with regards to Internal budgeting as well as OMB-A87 requirements MaIlbox: P.O. Box 22167 Houston. Tn.aa 77%1.7 LocaClon: 1324 Souttawest Freeway Arena Two To.., tl97S Houston. Tex.s 77074 (713) 541-44'7 (113) "'1-9906 (Fax) Nov-17-9a 09:58A Haw1ltHill & Patterson 7.419906 P.03 Hawes Hili & Patterson Summary List of Clients Baxter-Nash Development Company, Houston, T...- . Currently under centrad to create a Tax Increment Reinvestment Zone to fund major thoroughfare construction. intersection improvements, urban basebatl facility. hikeJbike trail. and community building surrounding a new Class.-A multi-family housing development and new major grocery store. City of EI Campo. Texas Created and currently manage a Tax Increment Reinvestment Zone to assist in the funding of the removal of blighted structures. Creation of the Reinvestment Zone included: . Prepared a feasibility analysis that indudes identification of projects. recommend boundary and preparation of a preliminary reinvestment zone financing plan . Negotiated participation with school district. county, and other taxing units . Managed the public hearing process . Provided assistance in the writing of ordinances and interloeal agreements . Produced of a final project plan and reinvestment zone financing plan Chinatown Community Development Corporation. Houston, Texas . Currently representing the Corporation before the City of Houston in the creation of a Tax Increment Reinvestment Zone and Public Improvement Oistrid to assist in the funding of improvements to recreate the original Houston Chinatown with new housing, open stall market. multi-story parking for the new Houston Astros baseball stadium, retail, development of a Chinatown -main street". . Currently providing management services to the Chinatown Community Development Corporation. City of La Porte. Texas . Currently under contract to provide consultation with regard 10 identifying, documenting, processing, and staff training on dealing with nonconforming uses as specified in the City's Zoning Ordinance. ~Iay. Partn.,.. Ltd.. Houston. T eus . Represented developer in the creation of a Tax Increment Reinvestment Zone and created City policy for suburban in-fill development. Friend.wood DevelopmentCo~t HoutIlvn. Texas . Represented the Development Company in the creation of a Tax Increment Reinvestment Zone to fund utility expansion for newly annexed K"'~~d community, indudlng negotiations and agreements with the sd1oo1 dis1ric:t and county. Nov-17-98 09:S8A Hawes Hi" & Patterson e 7111419906 P.04 Hispanic Housing and Education Corporation Ho..ton, Texas . Currently under contract to aeate a Tax Increment Reinvestment Zone to finance infrastructure jmprovemes.ts for future development of affordable single and multi-family residential development. commercial properties, construction of a new school, and major medical facility. HouR.al Corporation, Houston, Texas · Land Planning design seNiees for new residential development project in League City . Texas Ho~~.,1 Corporation, Houston. Texas · . Created a Public Improvement District and Developmen~ Authority to iptasist in the funding of infras~cture improvements for a new re~dential devel,.,pment project in League City. Texas ... Houston Independent School District. Houston, Texas · Representll!d HISD in the creation of TlRZ Number Six a~ prepared preliminary reinvestment zone financing plan. : ' . · Represented HISD in the expansion. of TIRZ Number Four for the purpose of building a municipal/shared educatiorial facility (high scheol). . Hulaach. Acr.. Subdivision. Houston, Tex. · Enforce deed re.mctlons through building plan review for new residential Gonstruction ' : . . ~r Terrace:.Pwbllc Improvement District Numbers Qne & Two. HOUIdon, T... .... ., · dn!t8ted and ~rrently manage Public Improvement Distrid Number Two. In.c?Iu~ed preparation of Service and Assessment Plan. MtltlOrI~1 DHv~ elderly. LL.P., Houston. Texas . ,Currer1tfy under contrad to create a Tax Increment Reinvestment Zone to fund physical improvements to an existing vacant and deteriorating high-rise building' for conversion to senior housing in an established. historic Houston neighbori1ood, and utilizing the TIRZ to enhanC8 the historic character of the neighborhood. Sh.i"p~tGwn EConomic Development Council-and Local Gov.nv:q. colPo~tlo"'; Houston, Te][as . . · Curr.ntty under centract to create a Publio ~~v.ment District tc~d land~~ping. police services, and maricetin~ t~ '.n established Houston community . Nov-17-98 09:S8A Hawes H;ll & Patterson e 741419906 P.OS TIRZ Number One. City of Houston . Currently under contrad to provide board management, reinvestment zone management. and zoning enforcement. . Negotiated Interfocal Agreement between City, Reinvestment Zone and Houston Independent School Oistrid for school district participation in the reinvestment zone. . Prepared amended project plan and reinvestment zone financing plan for approval by City. TIRZ Number Four. City of Houston . Currentty under contract to provide board and reinvestment zone management for zone which has been created to fund construction of municipal/shared educational facility (high schoof) and to provide infrastructure financing for residential development. . Prepared project plan and reinvestment zone financing plan for approval by City. . . Negotiated interlocal agreement between schoof district and City. TIRZ Number Six, City of Houston . Currently under centrad to provide board and reinvestment zone management for zone which has been created to fund construction of municipal/shared educational facility (high school). · Prepared project plan and reinvestment zone financing plan for approval by City . · Negotiated interfocal agreement betNeen school district and City. TIRZ Number Ten, City of Houston . Currently under contract to prepare project plan and reinvestment zone. financing plan for TIRZ Board and City Council approval. TIRZ Number 11. Hou8ton, Texas . Represented the Greater Greenspoint Management Distrid befOFe:-""...City of Houston in successful creation of a 3,000 acre Tax Increment Reinvestment Zone for a community with a $500 million tax base and $90 million of planned public improvements. in addition to extensive redevelopment efforts to the Greenspoint Mall and 5,200 apartment units. Upper Ki~y .rt1anagement District. Houston, Texas Urban Planners for the District . Provide creation and start-up for the provision of supplemental services for Management District. Currently under contract to create a Tax Increment Reinvestment Zone for infrastructure improvements to support commercial and residential development. Nov-17-9S 09:S9A HawettH;", & Patterson 711419906 P.06 Wu. Henry. Houston, Texas . Planning, engineering design and construction services for an esplanade opening on Bellaire Boulevard Nov-17-9S 09:59A Hawes H;11 & Patterson e 7135419906 e P.07 The Hawes HIli & Patterson Partners David W. Hawe., M.P.A. . Former Administrator, Revenue and Research, Finance and Administration Department. City of Houston. Texas (4 years) Responsibilities Included: 1. Member. City of Houston Bond Financing Team, Chief Economist 2. Developed and managed the evaluation. analysis a~d process for Public Improvement District and Tax Increment Reinvestment Zone creations 3. Devetoped and managed financial analytical methodology for city annexations and dissolution process for aMexed municipal utility districts 4. Maintenance and analysis of the city's General Fund revenue database 5. In-house development of city's OMB A-87 Cost allocation Plan · Former CEO, & Acting Finandal Oiredor. TCARE Inc., state wide non-profit corporation providing residential treatment services to level V & VI adolescents (6 years) . Former Assistant Commissioner, Finance and Date Management, Texas Department of Human Resources (TDHS), Austin, Texas (11 years) Responsibilities Induded: 1. State Medicaid Budget and Finance Director 2. Established rate setting methodologies for 14 different programs 3. Managed data control for eligibility systems . Former Member. Cost Finding Technical Advisory Committee and the Finandal Technical Advisory Committee providing advice and assistance concerning national Medicaid financing policies to senior adminisirators of the Health Care financing Administration (HCFA). Washington. D.C. (1979 - 985) . Former Member. three person TDHS task force to create a new Texas Medicaid Hospital Reimbursement System (1984 - 1985) . Former President. HOPE. Inc. Board of Directors. a family violence shelter and outreach center servidng a five county rural area of north central Texas (1988 -1991) L. Susan Hill. M.B.A- . Thirteen years experience in c:ommunity capacity building through an infonnal. all-volunteer organization of attorneys, accountants, and civic activists . Develops and presents training programs for leaders of neighborhood.based organizations . Teaches community empowerment courses to local government employees . Serves as a facilitator for strategic planning and organization building efforts . President. Education for Texas Neighborhoods Together, Inc. . Director, Cypress Creek United Civic Association Board . Director, Harris County Municipal Utility Oistrid No. 150 .Nov-17-9S 09:59A Hawes H;ll & Patterson e 7135419906 e P.os · Recognized for civic involvement by the Texas house of Representatives (1993) · Recognized by Mayor. City of Houston as Neighborhood Volunteer of the Year" (1995) · Adjunct Instructor. Houston Community College. Volunteer Administration and Management Certificate Program Parke Patterson. AICP · Thirteen years of private and public city/urban planning and land development experience in Texas. Catifomia and the Caribbean · Experienced in land planning and subdivision design · Experienced in creation of community master plans · Experienced in traffic studies. major thoroughfare planning · Experienced in land use and zoning administration in several types of communities - developer friendly, slow-growth, environmentally sensitive. hiDside. and ocean-front communities · Experienced in creation and management of tax increment financing districts and public improvement districts to provide incentive for new development · Experienced in public facilitation, consensus building and presentation on land development projects, zoning and master planning for city councils, pfanning and zoning commissions, design review boards. historical landmark committees · Planning advisor for first-ever Cayman Islands major thoroughfare plan · Planning, zoning and erwironmental advisor for major cruise ship landing in the Cayman rslands · Past President of Pacific Alliance. a private California entrepreneurial and investment firm · Recognized as an -Outstanding Employee" by the City of Orinda. California · Member of the Board of Directors of the Northem California Chapter of the American Planning Association and active member since 1984 e Nov-17-9S 09:S9A Hawas Hill & Pattarson P.09 7135419906 e Hawes Hill & Patterson References Robert M. Litke Director, Planning and Development City of Houston PO Box 1562 Houston, Texas 77251 (713) 837-n08 Tim Myers. Chainnan. TIRZ Number One President. Allied Realty Services, Ltd. 3040 Post Oak Blvd., Suite 1100 Hou~on.Texas770Se (713) 622-4949 Jack Orake General Manager & President Greater Greenspoint Management District 16825 Northchase Drive. Suite 720 Houston. Texas 17060 (281) 874-2132 Timothy Horan Nathan Wood Sommers & Uppman 2700 Post Oak Blvd., Suite 2500 Houston, Tens 77056-5705 (713) 960-0303 Chartes Williams Mayor. Day. Cafdwell & Keeton. L.L.P. 100 Louisiana, Suite 1900 Houston, Texas 77002-2778 (713) 225-7708 Leonard Stunn Deputy Superintendent. Financial Management Houston Independent Schoof District 3830 Richmond Avenue Howdon, Texas 77027 (713) 892.e830 Terry Roberts, City Manager City of EI Campo 305 E. Jackson EI Campo. Texas n437 (409) 541-5000 Barry Palmer Coats, Rose. Yale. Holm, & Lee, Attorneys 1001 Fannin Houston, Texas nOO2 (713) 651-0111