HomeMy WebLinkAboutOrd. 1998-2300 - consulting contract for proposed TIRZ #1
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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
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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
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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)
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. 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)
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· 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)
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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)
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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)
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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)
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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.
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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 .
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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.
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Wu. Henry. Houston, Texas
. Planning, engineering design and construction services for an esplanade
opening on Bellaire Boulevard
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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
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· 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
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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