HomeMy WebLinkAboutR-1999-23 - National Flood Insurance Program
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 14, 1999
O"'l\~
Requested By: Roxann Hayes ~-
Department: Planning
Report
Exhibits: Resolution No.
x
Resolution
Ordinance
Summary Be Recommendation
Since 1972, the City has participated in the National Flood Insurance Program (NFIP). The NFIP
is a Federal program where affordable flood insurance is made available to property owners in
participating communities. In 1997, over 2000 flood insurance policies were in effect in the City
of La Porte. Under the NFIP, communities are required to adopt rules and enforce certain
building restrictions to safeguard against new buildings being constructed in flood hazard areas.
A supplement to the NFIP is the Community Rating System (CRS). This program is for
communities that go beyond the minimum requirements of the NFIP and perfonn activities that
further reduce the potential for flood hazards. Communities that participate in the CRS can enjoy
discounts on their flood insurance premiums.
An important activity required by the CRS is for the City to develop and implement a
FLOODPLAIN MANAGEMENT PLAN. This plan will identify areas that have experienced
repetitive flood losses and recommend actions to decrease or eliminate the potential for future
flooding. Staff has developed the attached FLOODPLAIN MANAGEMENT PLAN. Public
input is required before fmal adoption of the PLAN. The May 20th P & Z meeting was used to
receive public input for the PLAN. Staff then modified the PLAN, based on public comment, and
is now presenting the final PLAN to City Council.
The City has made application to participate in the CRS program. The FLOODPLAIN
MANAGEMENT PLAN and other activities need to be complete by the middle of June. FEMA
will be reviewing our application and verifying the activities and services the City provides. Our
goal is for FEMA to apply a 5% discount to all flood insurance policies in the City.
Action Required..by Council:
Consider approval of Resolution No. supporting the establishment of a
Floodplain Management Plan for the City of La Porte's application to the Community Rating
System.
Availability of Funds:
General Fund
Capital Improvement
Other
W ater!W astewater
General Revenue Sharing
Account Number:
N!A
Funds Available:
Yes
No
Date
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RESOLUTION
* * * *
99-23
WHEREAS, the City of La Porte, Texas, is a participant in the National Flood Insurance
Program; and
WHEREAS, the National Flood Insurance Program is a Federal Program that provides
affordable flood insurance to participating communities; and
WHEREAS, the Community Rating System is a program for communities that go beyond the
minimum requirements of the National Flood Insurance Program; and
WHEREAS, communities that participate in the Community Rating System can enjoy discounts
on their flood insurance premiums; and
WHEREAS, an important activity required by the Community Rating System is for the City to
develop and implement a FLOODPLAIN MANAGEMENT PLAN; and
WHEREAS, the FLOODPLAIN MANAGEMENT PLAN identifies areas that have experienced
repetitive flood losses and recommends actions to decrease or eliminate the potential for future
flooding; and
WHEREAS, the FLOODPLAIN MANAGEMENT PLAN is attached as Exhibit "A"; and
WHEREAS, the May 20th, 1999, meeting of the City's Planning and Zoning Commission was
used to receive public input on the PLAN; and
WHEREAS, the Article announcing the public input meeting is attached as Exhibit "B"; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Porte, Texas,
approves the FLOODPLAIN MANAGEMENT PLAN for application to the Community Rating
System of the National Flood Insurance Program, as prepared by City Staff.
PASSED AND APPROVED, by the CITY COUNCIL on this, the 14th day of June, 1999.
APPROVED: k
~~
Mayor, City of La Porte
ATTEST:
~~J41ll1i/
Ci ecretary .
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"OLl~1E 56 NO. 39
ZlI-471-1234 I PlIps . :zs CODII ..
Overturned 18- Wheeler BIQcks 146 Southbound
The dIn.....r 0 oonhbound 11........1., dropped . pi_ of paper in dtc ....
.r Itis uuck abouI ) p.m. WedIIcsday jusllf1cr saine..... IIIc overpass ..
Pon Road ..., Sb........ Boul.-. mI make .... _ of uyioa ..
mricve IIIc paper witbous stoppiol .... 1tlICk.
The uuck _to....1d\. look om obou,lOO reCI.r suanI nil._ whoa
.... dri'..r Iried 10 ...., bad< 10 IIle rilhL .... ril overIUtIICd lUId skidded ..
ilS side over ISO r.... blocll:iDlw IWO SllDlbboulId 146 ~ rar aatIy tivc
houn and rorcinl PrmllCl I. La Pone IIId Shareactes ofl"em .. d-.r
SGUIbbouod 146 It;If\ie r..... Fainncml """'WIly '0 Pon RlIIlI. Fallllllllely,
lbcre was DO oncominl nonhbound nfIic in IIIc lWO bi;hWllY I.....
PreciDCI I Depul)' 5.... Haslilll' said Thunday Ihe driver ofllle IlDCI: sur.
reted 0 deep CUI on _ lez IlUI was .....poned to 51. Johns Hospiw rar
...........L He added dw work ....... and I special wm:ked had lD" called
in 10 ....... .... rilllld ilS ..... - SD-pouad hap of poly....yl....
.
.rIJ I.. ..;.... ....'" ....... .0, .....~ 0.. I. .._....Ilia ,""'"..'-/.... ..~....., .....
Receody elected or ",..lccIed Tnwees Mike McLauBhlia, BiU 1Ioker IlUI
Joy QuiDOIlook Ihe ..... or olllce. IlUI I ...., slate DI baonI .tr..... was
app....... by acelaimaliOll: McLausIia IS prt:sIdoaI. TlII"ee Rachel
IlampllllllS vice-pmidoaI.lUId TlIaIee Qadie Peny IS seaewy.
OUter acdaa ~y iDcIudod UIIIIIimous IJIIlIIIVII or I caaIIIICI ......
lino willi Bayshort: NIIioaaI Baak.1he dlsIria"1 depository. WwP A......
31. 2001: appIDVII of an addiIiGW 5109.219 ~ of cIwIp orders ror Ihe
La Pane E1.....-y1U Pane Junior IIilh CGDSllIIClioa and ........ion_
jed: and I decisiao 10 .... ........ pnIJICIIelI solII)' ..bed.1n rar Ihe 1999-
:!OOO Ie_ yar. lar baonI.......... in......, r......
La Porte Co1i~cil Eyes TIRZ
La Pane 01)' CoomciL -I in ......... sess... II 6 po... Mooday II
01)' IIaIL laces I _ DsJII ......... bishlisJtled by .... discussions
iIIoaIvin& passibIe ~ of I To>. IncremeaI ReilM:sImcII' Zone.
CauaciI wiJI ditCUSS _eo of iDcoIponIion and bylo.. pnIJICIIelI lar....
La Pane DeveIapmetII Corpanliaa. and wiD revi.... TIRZ JllDPllS"d suide-
lines lUId bauodaries. asl'eCODllllellde by I couaciI sub-eaaunil....
Also Mooday. CoomciI wiJI CGIIsider IIle sale of cil)' poapeny lGIIIb.r Ihe
-er ...mlJ'SWion no Sou1b Founb SIteeI: wUI coosidcr joiaias \he CariDI
City Seeking Floodplain
Insurance Public Input .
I............... S~ 19n. Ibe Cil)' of La Pone .... paniciJllled in lite
NodmW Flood Iasunace .......... (NFIPI - I rederal prosnm .....by
l8'ardIbIe Good _ is .... IlYIiIable 10 propeny ....... in potIici-
Jlllial COIIIIIUIIIida. III 1997. ...... 2.000 Oood .......... policies ..... iD
elf... iD La........ U_1he NFIP. CllIIIIIUIIIides lie ""Iuited 10 adopI ndes
.... ear.... cetIIiq buiIditt& teslricIiaos 10 III....... apiIIII_ bailcliap
-..............10 Good _......
A suppIeam 10 Ibe NFIP is Ibe ClllIIIIII1IIIiy RIling Syaem (CRS). This
.....- is lar -..idea _ .. beyood Ibe _ ............. of
lite NFIP .... paf_ aaMliea lhIIl\u1ber .- Ibe pooemiaIlar Oood
baoids. CoauIumiIlea'patI\clpIliIIJ Ia Ibe CRS can eiljoy ~ no_
DODd IilIIinace JII-.".' " ,",.. ..
__ ideoIiftod by lito as Iodudo 00_ projecII...... piopeny
....... lie lIDlified of pII<IIIiaI DODd'Jiii.ds dw OIly aisI, and cIIIIIDeI
mailllelllllCe........._ RqUin niaIioe -mg mI clcariDI 01 cbanocls
and draiaqo diIcbes.
AD iIIIpaIlIDIlCIi1!ilJ requited by Ibe CRS is rar Ibe cil)' 10 _lop mI
ilIIpIemeaIa F100dp1aiD ~ PIaa. This p.... wiD idemify ....
tIw hive ..perieIIced npeIidw IIood ...... and __ aai.... to
deaeue ar _Ibe pII<IIIiaI rar -. DODdioa. SlaIrhas _loped
Ihe F100dp1aiD Maaqemem PIon.
PubUe in.... Is ""IIIited bet... ruW adopIino .r Ihe p.... '\be May 20
meelial of.... ciIy's PlaMiag" Zoaial Commission wiD .. _.0.......
public inpaI. SIIl\"........1IIlIdify Ibe pIaa. hued on pubUe........... and
pteseDlto city --=u lor amidenIioD no J.... 14.
The city .... .... appIicIIioo to paniciplle iD .... CRS _ The
F1oodp1aiD Maaqemem PIa IIIId _ 0CIM1ies oeed 10" comple,e by Ibe
middle 01 JUIlC. FEMA wiJI .. teYiewiq Ibe llJIPlicodoo IIIlI vaity;oa Ihe
.....ilies lUId seMces Ibe city pntrides. '\be.... il rar FEMA 10 apply a
Ii.. pcn:eIII_1O aU IIood _ poIicieo in \he city,
S~n Spots
Senior Art Class ...'lbc La Pone ScIIior Senices Celller Bayshore Calendar...Bayshare Medical CeD'" bas I
An CIasI will bDld an an app=ialiOD class Thunday. May 20 019 number of IICIivilies sched.led Car Ibe DlDDIIl oC May. inc1udins:
LID. An lIeunislll n: welC0111C lO COIIIC IIIlI cxcbanF ideas. ....... May. I? - A1~Ii~ ,AnDDYmOaS. 11-9 p.m.. I~ I_t..~
I:bouI anlllll display lheir work. Call 281-47()'91!l7 Car infonaa- rOomi,' aad ManiC-~M S.ppclIJ GnRip, 7:30 p.m:, DOi;lOr'~
'"Doa. ..' ,DiniDI'~.2:'M.ay 18',~ MendOiI H~.Supporl Gni\iP...7.
S . Q'I . C" p.DLC1usraom I. wilb M.1issa En.... RN u Ibe IuesI speabt.1IIlI
enlor UI tin8 ,ass ...The SeDior Servicci . _'s Suppon Clntup. I p.m.. lower I_I cl........... IIIId
. .. Qilllllnli CIui ..'iI\1ie'-is:biJdreU q.UIS .o"douaie I. dte La CPR (Iar JI\OIe iof.nnali.... phone 713.359-t211.' .
.Pone PoD,,!, DepanmeDL Projecl will hepn TllesdaY. Jun. I II 1
p.m. BrioS (;' s 6w COIIOD patterned "squares aad I Il2w by 6w solid
C;Olon:d smpcs lO class, BesiJme!s. wele...... Pbcme 281-470-:9197
Car man: iaflll'DllliOD.
Fish FI)',.i.a Pone Lodgolm, 201 South Secouct. will haw
a 6sb Ii)' from J I LID. lO 6 p.m. SlIIIrlIay. May 22. Fresh catfish.
cole slaw. hush puppies, Imll:h Cries, dessen :md iced lea .... he
secured Cor . 57 donation. Dine in Dr lake OIIL liekcu will he sold
at Ibe door.
lAw Enforce!flent Recognition_F'1JS\ Baplisl
Church. 310 So\IIh Broadwal'. will_ize law ...rorcemen. offi..
cers durinl lhe S.aday, May 16 _I service. which SWlS at
10:50 LIIL
Summer Basketball...RegislnliOD is available lar
YMCA SIUIIIIIl:r BukcIhaII Loa..... Boys and sirb 8-16 an: invi.-
.d.D participate. Registration ouds May 21. 'lbc filii practice is ....
week of lune t, Loape fee is S2S Car members IIIId S50 r.r ISIC)o
}ciall! membm. Fee iDc:J.des .ishl sames and a ...... shin. Phone
713~73-944t rarman: iaformatiou.
Around Town
. Jalmnie CIotk lonn... La Ponian wilb liv. Bi-passu doing gn:aL
H.bby Royce ",minds .s h: n..... did find whal 0\'" he 105.. We
Cheerleader Booster Club..Th. U'HS
Checrleader Booster C1.b wiU he mectial II 6:30 p.m. OD Manday,
MlY 17 ill lb. 1ectUn: hall at LPHS. Checrleader pan:a1S an:
.Dc"""'ged .. IIIeIId and lb. p.b1ic is invited.
Mission Department Dajl...Redeeming Failll
Ch.rch oC God in Christ. 10CIIed al502 San fociulO SIn:l: is pleued
10 presem il'. ADDuaI S.Dday SehooUMilSiOD Depanmenl Day at
3:30 p.rn. on S.Dday. May 16. C.eslS wiD he Nellon Memorial
Pen"'D'''' C.O.C.I.e. Nelson Jr~ and Itis wire SiSl.r Bellye
Ncl.... AdmissioD is r... and Ihe public is inviled. For IIICIII:
inCormadoo call 281-471'()295.
Car Wash_The Girls Volleyball .... Basketball Boosu:r
Club will he having I car wash ltOm 10...... - 2 p.m. OD MlY U al
Burpr KiD" Come and s.ppan our Lady Daw...
Registration...The La Pon. 0i1ctslDerrick Darlings wiD
hold n:gisualioD lar loolball and drilllClllll May 15 lrom 9 LllLlO
2 p.m. at Baker J.nior HisJt. For man: iaCnnnalion phanc Maaic
AUen 11281-471-4954.
Denny's Diner, Antonlo's
Restaurant To Open Soon
'\be City of La Pone wiD ..... line .... new nslIDrIDIS .... - one no
lbe WCSI side oflbe Ktoser Sbappioa CeaIer........ nolbe _ side ofdw
_ caner.
Ontuod ... bntkco RCODIIy rar 0 Deany'1 Classic DIMr jUl1 -m of Ihe
lIi;hway 146IFaitmaat Parkway immectioo. nolbe r_ tOld nalIO....
Jack N" '\be Boo.
The Deany'S raciDl)' wiO" bail... _.... so pIII'DIIS iD al9SO's style
diDer -I. II Is _ rar a J.ly of 1999 opeIIio..
ADd II 1431 WesI -. ........y. 00 Ibe rlr WeSI eod of Ibe Itrip c0a-
l., oddilioo 10.... ICroIer compl... an _.', I....... GriD 11III ScofODd
_........... i. ...._'M 'n ~ ,,'" 1:"1" 'fa\' nr rarl\" JUM.
June 14th, 1999
Exhibit IIBII
to Resolution No.
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Floodplain Management Plan
City of La Porte, Texas
as presented to
City Council
June 14th, 1999
Exhibit "A"
to Resolution No.
prepared by the
Planning Department
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CIlY OF LA PORTE, TX
CRS ACTIVIlY 510
FLOODPLAIN MANAGEMENT PLAN
TABLE OF CONTENTS
Introduction and Purpose
Public Involvement
Coordination with Other Agencies
Assess the Hazard
Assess the Problem
Set Goals
Review Possible Activities
Repetitive Loss Plan
Draft an Action Plan
Adopt the Plan
Implement. Evaluate and Revise
Appendix A: Map of Repetitive Loss Properties
Appendix B: Zoning Map
Appendix C: Map of Tropical Storm Frances Damage
City of La Porte
Planning Department, nub
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Page No.
2
3
4
5
8
10
11
13
18
22
23
24
25
26
Page 1 of 26
June 10, 1999
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CITY OF LA PORTE, TX
CRS ACTNITY 510
FLOODPLAIN MANAGEMENT PLAN
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Introduction and Purpose
The following document is the City of La Porte's Floodplain Management Plan. It
is prepared to guide construction and development of the City, especially in
Special Flood Hazard Areas.
This document has also been prepared to qualify as a "Floodplain Management
Plan" to be credited under the Community Rating System (CRS) of the National
Flood Insurance Program (NFIP). Under the CRS, flood insurance rates will be
reduced if the City implements activities that go beyond the minimum
requirements of the NFIP. The City is currently submitting an application for CRS
classification. The approach selected for preparing this plan was taken from
Section 510 of the CRS Coordinator's Manual. This plan's section headings
coincide with Section 510's headings.
The Planning Department drafted this plan, with input from other City employees:
Planning Department
. Director
. Engineer-In-Training
. Professional Planner
. Chief Building Official
. Engineering Technician
Public Works Department
. Director
. Superintendent of Streets
. Drainage Maintenance Supervisor
One public meeting was held to obtain public input on the draft plan. This public
meeting was held in conjunction with the monthly Planning and Zoning
Commission Meeting on.May 20th, 1999. An article was ~Iaced on the front page
in the City's Newspaper, The Bayshore Sun, on May 16 , 1999. This meeting is
more than two weeks prior to the City Council meeting on June 14th, 1999, where
the plan was officially adopted in resolution form.
Additionally, several working sessions were held that focused on hazard
assessment, problem identification, mitigation goals, review of possible activities
and work elements to be included in the proposed plan.
This document focuses on short-range activities that can be accomplished in the
immediate future, as well as long-range activities. The Floodplain Management
Plan also takes a closer look at Repetitive Loss Areas, and develops a separate
plan for mitigating issues in those specific areas.
City of La Porte
Planning Department, nnh
Page 2 of 26
June 10, 1999
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CITY OF LA PORTE, TX
CRS ACTIVITY 510
FLOODPLAIN MANAGEMENT PLAN
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Public Involvement
Elements of the Public Participation Plan approved by the Council include:
. Holding a public meeting on May 20th, 1999 to review findings from the
Committee, to listen to citizen concerns and recommendations, and to
describe how citizens can provide input to the Floodplain Management Plan.
. Copies of the Draft Floodplain Management Plan were made available to the
public at City Hall's Planning Department.
City of La Porte
Planning Department, rmh
Page 3 of 26
June 10, 1999
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CITY OF LA PORTE, TX
CRS ACTIVI1Y 510
FLOODPLAIN MANAGEMENT PLAN
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Coordination with Other Agencies
The following organizations were involved in reviewing the Draft Floodplain
Management Plan:
. The City of La Porte
./ Public Works Department
./ Planning Department
./ Parks and Recreation Department
. City of La Porte's Planning & Zoning Commission.
. State National Flood Insurance Program Coordinator
. Harris County Flood Control District
. FEMA Regional Office (Region VI)
Each of these organizations were sent a copy of the City of La Porte Draft
Floodplain Management Plan, and asked to provide written comments by May
31, 1999 for incorporation into the Plan.
City of La Porte
Planning Deparbnent, I1Dh
Page 4 of 26
June 10, 1999
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CI1Y OF LA PORTE, TX
CRS ACTIVI1Y 510
FLOODPLAIN MANAGEMENT PLAN
It
Assess the Hazard
Topography
The City of La Porte has several major watersheds running through it, and is
adjacent to Galveston Bay.
Hurricanes
The major threats to the City of La Porte are coastal storms and hurricanes.
These events can produce three types of hazards: high winds, storm surge, and
torrential rain. The following descriptions of the hazards has been taken from the
Weather Channel's website, "Effects of a Hurricane," at
http://www.weather.com/breaking_weather/encyclopedialtropical/effect.html:
Rainfall Induced Floodina
The heavy rains associated with a tropical weather system are responsible
not only for major flooding in areas where the stonn initially strikes, but can also
affect areas hundreds of miles from where the stonn originally made landfall.
During landfall, it is not uncommon for 5 to 10 inches to fall. If it is large and
moving slowly, rainfall could be even more excessive. As the stonn moves inland,
and is down graded to a tropical depression, the continued circulation, tropical
moisture, and topography can contribute to copious amounts of rainfall.
Intense flooding can also occur from tropical depressions and stonns that
do not reach the intensity levels associated with hurricanes.
Stonn Sutge
The stonn surge is perhaps the most dangerous and destructive part of a
hurricane. The stonn surge is a rapid rise in the level of the water that moves onto
land as the eye of the stonn makes landfall. Generally speaking, the stronger the
hurricane, the greater the stonn surge.
As a hurricane approaches the coast, its winds drive water toward the
shole. Once the edge of the stann reaches the shallow waters of the continental
shelf, the water piles up. Winds of hurricane strength force the water onto the
shore.
At first, the water level climbs slowly, but as the eye of the stonn
approaches, water rises rapidly. Wave after wave hits the coast as tons of moving
water hammer away at any structure built on the coastline. "A cubic yard of water
weighs about 1700 pounds and it's almost incompressible," says John Hope,
Tropical Coordinator at The Weather Channel. "You might just as well be hit with a
solid object as to have this water smashing against a structure on a beach. "
The stonn surge is greater if a hurricane's track is perpendicular to the
coastline, allowing the surge to build higher. The stonn surge is also greater if the
stonn affects a bay or if it makes landfall at high tide. The greatest stann surge
occurs to the right of where the eye makes landfall.
The Winds
The winds of a hurricane range from 74 miles per hour (65 knots) in a
minimal stonn to greater than 155 miles per hour (136 knots) in a catastrophic one.
City of La Porte
Planning Depar1ment, DOh
Page S of 26
June 10, 1999
e CI1Y OF LA PORTE, TX e
CRS ACTIVIlY 510
FLOODPLAIN MANAGEMENT PLAN
Offen accurate readings of high wind gusts during landfall are impossible because
the anemometers at reporting wind stations are ripped from their foundations.
Wind is responsible for much of the structural damage caused by
hurricanes. High winds uproot trees and tear down power lines. The maximum
winds from fast moving and powerful storms may remain high, even when the
storm is well inland. Often this is actual wind speed combined with the speed of
the storm.
Flood Hazard Data
During two 1998 Tropical Storms, Charley (August 1998) and Frances
(September 1998) produced storm surges of 2.5 feet, and 6-8 feet, respectively.
The Flood Insurance Rate Map (FIRM) for La Porte shows the Base Flood
Elevation (BFE) as low as 15 feet for the VE area adjacent to Galveston Bay, and
BFE of 12 feet for zones AE near the Bay.
The FIRM designates two types of floodplain: A zone and V zone. All
properties directly adjacent to Galveston Bay are designated as VE - "coastal
high hazard area." Properties farther inland are designated as AE. These
properties are subject to flooding from either riverine or storm surge events.
The coastal high hazard area is subject to the combination of storm surge
and wave hazard. This area is where the waves during the base flood are at least
three feet higher than stillwater elevation. This is the most dangerous toward the
south coast of La Porte (where VE zone is more prevalent).
Related plans and studies include the following:
. Clear Creek Regional Flood Control Plan (July 1991) - This study, prepared
by Dannenbaum Engineering, addressed the tributaries of Clear Creek.
However, A104-12 is not addressed in this study.
· Hydrologic and Hydraulic Study for Interconnect of HCFCD Unit B112-02-00
to Unit B109-00-00 and HCFCD Regional Detention Site Unit B512-01-00
(April 1997) - This report, prepared by Wilbur Smith Associates, describes
the impacts of the diversion of Willow Springs Bayou (B112-02-00) to Spring
Gully (B109..Q{)-00). This report also presents the design of a regional
detention site that provides flood protection for a portion of La Porte.
. Study of Flood Control Improvements for HCFCD Unit F101 (September
1987) - This report, by Landev Engineers, recommends channel
improvements that are currently being implemented. This study also indicates
significant channel improvements from Galveston Bay upstream to Lomax
School Road, with detention being required in the portions of the watershed
north of SH 225.
. Study of Flood Control Improvements for Little Cedar Bayou F216-00-000
(September 1989) -- Prepared by Epsey, Hutson & Associates.
City of La Porte
Planning Department, nub
Page 6 of 26
June 10, 1999
e e
CITY OF LA PORTE, TX
CRS ACTIVITY 510
FLOODPLAIN MANAGEMENT PLAN
Tropical Storm Frances
Even though Frances was only rated at Tropical Storm strength, it did
considerable damage to the City of La Porte in September of 1998:
Sep 10-11
. 11 inches of rain in 24 hour period
Sep 11-12
. 3 inches of rain in 24 hour period
September 11th
. Tornado touched down at 4:30am.
. Damage to homes, trees & commercial businesses (see Appendix C).
. No reported injuries.
High Tides
. Running four to six feet higher than normal
Street Flooding
. Extensive street flooding throughout entire City.
. Severe flooding in Lomax area at 3am high tide.
. Some homes may have had water damage.
City Facilities Damage
. Sylvan Beach Fishing Pier- damage to T-Head
. Sylvan Beach Pavilion - lost glass window.
Administrative Policy Decisions
. Permit fees waived with damage associated with storm to residential
and commerical properties.
. Trash and debris cleanup limits waived.
. Overtime authorized and 1 O-hour days permitted at Public Works Dept.
Repetitive Loss Areas
Based on a printout from the Federal Emergency Management Agency
dated August, 1998, La Porte has 55 repetitive loss properties. A repetitive loss
property is defined as a property that two or more NFIP losses of at least $1,000
each have been paid since 1978. The City's repetitive loss properties are plotted
in Appendix A.
It can be seen that the repetitive losses occur in areas not always prone to
coastal storm surge, or found in the floodplain.
Because repetitive flooding accounts for approximately 33% of all flood
insurance claims payments, a community that wants a CRS classification must
prepare a repetitive loss plan. This Floodplain Management Plan will address
damage to all repetitive loss areas, and it is being prepared in accordance with
CRS guidance.
City of La Porte
Planning Department, nnh
Page 7 of 26
June 10, 1999
.
CITY OF LA PORTE, TX
CRS ACTIVI1Y 510
FLOODPLAIN MANAGEMENT PLAN
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Assess the Problem
Damage-Prone Buildings
Based on water meter records for May, 1999, La Porte has 9,109 single-
family homes, 102 non-profit buildings, 85 multi-family buildings, 574 commercial
properties, and 53 city-owned buildings. Approximately 1400 buildings are in the
floodplain. Approximately 420 floodplain development permits have been issued
(residence or business) since 1987.
Development Trends
Redevelopment will remain within the constraints of the City's zoning
ordinance and floodplain ordinance. See zoning map (Appendix B).
Development Constraints
There are two major constraints to development in the City: zoning and
floodplain regulations.
Zoning: The zoning ordinance follows the comprehensive plan, which
allows the construction of compatible structures and uses. No new commercial
development or multi-family housing will encroach into the single-family zones.
Please see attached zoning map (Appendix B).
Floodplain Regulations: The City has adopted an ordinance that meets the
minimum NFIP rules. In A and V Zones, new buildings must be elevated above
the base flood elevation. In A zones, commercial buildings can be floodproofed.
In the V Zone, all new buildings must be elevated on open pilings or piers so that
waves do not batter the building walls.
Critical Facilities
Several critical facilities have been identified. The most important facilities
include the City of La Porte City Hall, Police Station, four Fire Stations, and
Public Works. There are no medical facilities in La Porte, so preservation of the
Fire Stations and its ambulances is vital for public health and safety.
The main evacuation routes through the city are also considered critical
facilities. Closing any of the major arteries greatly complicates the process of
getting people to safety. State Highway 146 also serves as an evacuation route
for communities adjacent to La Porte.
Two nursing homes have also been designated as critical facilities: Happy
Harbour Methodist Home at 1106 Bayshore Drive, and Fairmont House at 8727
Fairmont Parkway. These deserve special attention during evacuation to ensure
that they have enough lead time to remove the residents.
Natural Areas
There are several areas worth preserving for their natural and beneficial
function, but for sake of brevity, only one major area is mentioned in the plan.
City of La Porte
Planning Deparbnent, nnh
Page 8 of 26
June 10, 1999
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The Big Island Slough from the City of La Porte, moves water into the
Armand Bayou Nature Center. This 2,500-acre reserve offers a glimpse of three
unique ecosystems. An estuarine bayou, all-grass coastal prairie and woodlands
are preserved and nurtured here. This environmentally significant area has been
designated as one of only four Texas State Coastal Preserves, and is one of the
last bayous in the Houston area that is not channelized.
The Armand Bayou Nature Center and other natural areas help reduce
our flood damage by allowing floodwater to spread over a large area. This
reduces flood velocities and provides flood storage to reduce peak flows
downstream. Natural floodplains reduce wind and wave impacts, and their
vegetation stabilizes soils during flooding.
City of La Porte
Planning Department, nub
Page 9 of 26
June 10, 1999
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Set Goals
Community needs and goals were identified when the comprehensive plan was
adopted. Based on that plan, the following goals are used to guide the Floodplain
Management Plan:
1. Protect lives and property from the hazards of wind, storm surge, and rain.
2. Preserve the existing land use pattern.
3. Ensure continuous police, fire, ambulance, and other public services by
repairing and protecting all City structures.
4. Establish safeguards for future development in repetitive loss areas and
floodplains.
City of La Porte
Planning Department, nub
Page 10 of 26
June 10, 1999
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CIlY OF LA PORTE, 'IX
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Review Possible Activities
It is important that the City consider all possible ways to reduce flood losses and
proted the natural areas. To ensure that the full range of alternatives were
reviewed, the strategies and tools recommended by the Unified National
Program for Floodplain Management (FEMA Publication 248, 1994) were used.
The Unified National Program lists four strategies and numerous tools to prevent
or reduce flood losses and to preserve and restore the natural resources and
functions of floodplains. The strategies and tools are summarized below:
Unified National Program for Floodplain Management
(FEMA Publication 248. 1994)
Strategy 1: Modify human susceptibility to flood damage and disruption by
avoiding hazardous, uneconomic, or unwise use of floodplains. Tools
include:
. Floodplain regulations, e.g. zoning, to steer development away from hazardous
areas or natural areas deserving preservation; subdivision regulations; and building,
health and sanitary codes.
. Development and redevelopment polices on the design and location of public
services, utilities, and critical facilities; land acquisition; open space preservation; and
penn anent relocation of buildings.
. Floodproofing of new buildings and retrofitting of existing ones.
· Flood forecasting, warning systems, and emergency plans that prepare people and
property for flooding.
· Preservation and restoration of the natural resources and functions of floodplains.
Strategy 2: Modify the impact of flooding by assisting individuals and
communities to prepare for, respond to, and recover from floods. Tools
include:
. Infonnation and education to assist self-help and protection measures.
. Flood emergency measures to protect people and property during the flood.
. Disaster assistance, flood insurance, and tax adjustments to reduce the financial
impact of flooding.
. Post flood recovery plans and programs to help people rebuild and implement
mitigation measures to protect against future floods.
Strategy 3: Modify flooding through projects that control floodwaters. Tools
include:
. Dams and reservoirs that store excess waters upstream of development.
. Dikes, levees, and floodwalls that keep waters away from developed areas.
. Channel alterations that make the channel more efficient, so overbank flooding will
be less frequent.
. High flow diversions that send excess waters off to undeveloped areas.
City of La Porte
P1anDing Deparbnent, nnh
Page 11 of 26
June 10,1999
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· Land treatment to hold as much rain as possible where it falls so it can infiltrate
instead of running off.
. On-site detention measures to store excess runoff and flood flows.
· Shoreline protection measures that protect inland development and account for the
natural movement of shoreline features.
Strategy 4: Preserve and restore the natural resources and functions of
floodplains by maintaining and reestablishing floodplain environments in
their natural state. Tools include:
· Floodplain, wetlands, and coastal barrier resources regulation, e.g. zoning, to steer
development away from hazardous areas or natural areas deserving preservation;
subdivision regulations; and building, health and sanitary codes.
· Development and redevelopment policies on the design and location of public
services, utilities, and critical facilities; land acquisition; open space preservation;
permanent relocation of buildings, restoration of floodplains and wetlands; and
preservation of natural functions and habitats.
· Information and education to make people aware of natural floodplain resources and
functions and how to protect them.
· Tax adjustments to provide a financial encouragement for leaving lands in their
natural state.
· Beach nourishment and dune building to protect inland development by maintaining
the natural flood protection features.
City of La Porte
Planning Department, nnh
Page 12 of 26
June 10, 1999
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Repetitive Loss Plan
Summary
La Porte has been identified as a repetitive loss community. with a total of flfty-
five repetitive loss properties within the city limits. The list of repetitive loss
properties obtained from FEMA has been mapped, and a copy of the map is
attached as Appendix A. Flooding within the City is primarily associated with
stream over-flow, tidal surges, and in some instances inadequate stonn sewers
or ditches.
We have categorized these repetitive loss properties within four major areas,
affecting 14 subdivisions. A detailed description of the flooding source as well as
proposed solutions are as follows:
West La Porte Area
Brookglen/College View
SpenwicklSpencer Highway Estates
Lomax Area
Denim & Diamonds
Bayou Glen
Monument Estates
Pinegrove Valley
Lomax Gardens
Coastal La Porte Area
Bayshore Park
Sylvan Beach
Broadway & "H"
South La Porte Area
Shady River
Shady Oaks
Bay Colony
Fonner Bay M.U.D. Subdivisions
City of La Porte
Planning Department, rmh
Page 13 of26
June 10,1999
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West La Porte
Brookglen/College View
All of the drainage in this area is a curb and gutter system. The majority of the losses are
on cul-de-sacs, where the water runs the length of the block to a catch basin. When
Flood Control Ditch #B-112 crests, the water in the subdivision backs up, especially in
the cul-de-sacs.
SpenwicklSpencer Highway Estates
The flooding in this area was predominately caused by a 300-foot ditch that was dug in
the middle of the block from Bayer to Flood Control Ditch #8-112-02. Harris County
originally dug the ditch on private property. In 1996, after the City of La Porte annexed
this area, we did a complete reconstruction project. The City of La Porte obtained
authority to dig out this channel therefore alleviating flooding problems. When 8112-20
crests, though, there is still a slight delay in the run-off.
8rookglen was annexed as part of the College View M.U.D. with Ordinance #1400 on
2/15/1985. Spencer Highway Estates was annexed as part of the Spenwick M.U.D. with
Ordinance #1396 on 1/4/1984.
These subdivisions were therefore built under the jurisdiction of Harris County and not
subject to the regulations of the City. Upon annexation by the City of La Porte, all
nonconformities with city ordinances are dismissed or "grandfathered." However, any
substantial improvement or substantial damage to structures in the area now would
require full compliance with the City's Flood Damage Prevention Ordinance.
The subdivisions in west La Porte are subject to significant peak runoff rates from
developed upstream areas. The City and HCFCD are studying mitigation action for this
area.
City of La Porte
Planning Deparbnent, nub
Page 14 of 26
June 10, 1999
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Lomax Area
The drainage in this area has been a problem for a long time. The Flood Control Ditch
#F101-00-00 is being reconstruded in several phases. The problems on North "P" Street
are due to the volume of water traveling through the Southern Pacific outfall into the
newly dug part of the F101 at Highway 146. The system cannot handle the volume of
water at an above average rainfall.
The City of La Porte has been experiencing flooding problems in the F101 watershed
area for many years. These flooding problems occur during moderate rainfall events,
when street flooding often makes roadways impassable.
HCFCD along with the City of La Porte has been working to improve drainage in this
area. The District completed construction of the ultimate channel downstream of SH146
in 1993. The Department of Transportation has increased the capacity of F101 at SH
146, and HCFCD has also improved the section through Strang Yard. These
improvements, along with other improvements to Unit F101-00-00, should reduce the
need for onsite detention in the future.
Pinegrove Valley
The problem at 11818 and 11820 Fieldcrest was caused by the size of ditches on
Fieldcrest. Sens Road lacks a sufficient fall in elevation and the size of the culverts are
limited. The City has reconstructed the system, which has helped the problem
significantly. Harris County has plans to widen Sens Road and adding new culverts, will
which also help alleviate the flooding.
Lomax
The problems at 2226,2801 and 1606 Sens Road are the same as North "H" Street:
Flood Control Ditch #F101 gets full and the water backs-up.
Bayou Glen
At 111 McCarty Lane, the ditch is cut on the maximum grade of 9% along Browning
Lane to North lip" Street. The water backs up at the end of North "P" Street due to Flood
Control Ditch 8106-06. The cleaning of this ditch would alleviate much of this problem
and would help the Meadow Crest Subdivision. Harris County has informed the Public
Works Department that this ditch is on the list for reconstruction. 1419 Lemon Lane can
also be included in this area.
Pinegrove Valley
At 11012 and 12020 N. Avenue ilL" the RCP along the full length of North Avenue "L" are
not sized property and the ditch on the south side of the street backs-up. This is due to
constridion at Sens Road. This problem should be alleviated with the Sens Road
widening. North Avenue ilL" falls within Harris County control.
City of La Porte
Planning Department, rmh
Page 15 of26
June 10, 1999
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Pinegrove Valley
The county is trying to alleviate the problem by installing a road crossing across Avenue
"L" to move some of the water to the north side ditch. They are also cutting a lateral ditch
from North Avenue "L" to Flood Control Ditch F101.
Coastal La Porte
Bayshore Park
923 Parkway does not have any specific problems. The water drains east to Bayshore,
which has an outfall at F-212. In the past twenty years, it has flooded twice, both
because of an above average rainfall. F-212 drains into Galveston Bay and tides affect
the run-off. This year the Public Works Department installed a new pipe to replace a
separated pipe that runs from Bayshore to Galveston Bay. This system is located at
Parkway and Bayshore.
Sylvan Beach
210 Cypress is a curb and gutter street. It retains water as it is designed to do. Only
infrequent torrential rainfall events may cause flooding in the area.
Broadway & "H"
With regard to 816 S. 1st, the drainage has just recently been maintained and the ditch
on West "H" at South 1 at was re-designed to remove more of the water from the alley
behind this residence.
At 832 and 815 South Broadway, the water drains along Broadway via a curb and gutter
system. A new system was installed along Broadway to "I." This consists of 6-foot box
culverts to Fairmont Parkway. There is another catch basin on the east side of Broadway
that drains water east to F-216-01 on the Arizona Street r.o.w. The system is
underground from Broadway to East "G." The RCP from the jundion box at the Arizona
r.o.w. a East "F" to East "F" is separated and needs to be reset. Also, there is no fall on
the open ditch portion to Park Street.
City of La Porte
Planning Department, nub
Page 16 of 26
June 10,1999
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South La Porte
Shady Oaks
The subdivisions in this part of La Porte are frequently inundated due to unseasonably
high tides, and storm surges from tropical storms or hurricanes. Properties in this area
can either be directly affected by high coastal waters, or affected by nearby in-land
waterways that become backed up due to high tides.
Properties in this area are also affected by subsidence, and some structures were built
before the FIRM went into effect. However, any substantial improvement or substantial
damage to structures in the area now would require full compliance with the City's Flood
Damage Prevention Ordinance.
Shady River
The houses in this subdivision back-up to Taylor Bayou, and it crests at high tides during
tropical events. The whole subdivision drains to Taylor Bayou. It is a curb and gutter
system. When the bayou is full and tidal conditions are right, the streets can flood.
Bay Colony
Water in this subdivision flows west along Bay Colony to the system on Sunrise that falls
into a creek. This creek is controlled by tidal conditions from its outfall into the Bayport
channel.
Former Bay M.U.D. Subdivisions
Through observations made by Rodney Cox of the Public Works Department, the
drainage is adequate. During Topical Storm Frances during the summer of 1998, it was
observed that at the Broadway ditch the water runs north to a small bayou that dumps
into Taylor Bayou. This is affected by tidal conditions. The bayou spilled over, flooding
Broadway.
City of La Porte
Planning Deparbnent, nnh
Page 17 of 26
June 10, 1999
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CIlY OF LA PORTE, TX
CRS ACTIVIlY 510
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Draft an Action Plan
Based on research and discussions, 11 activities (besides those
mentioned above in the Repetitive Loss Plan) are recommended to meet the
needs and goals listed previously. Activities 1-5 are short range, and Activity 6-11
are long-range solutions. These activities and this plan were the subject of a
public meeting on May 20th, 1999. A revised plan was presented to the City
Council for adoption by formal resolution on June 14th, 1999.
The activities are listed below, along with who is responsible for them and
when they should be completed. Most of these activities can be accomplished
with staff resources.
Following each recommended activity is a note on how it would be
credited by the eRS. This plan includes activities that are not recognized by the
CRS, but are nevertheless important to mitigate future losses and meet the City's
needs and goals.
Short Range Activities
1) Elevation Certificates on Computer Format
. In August of 1999, FEMA will be issuing a new form of Elevation
Certificates. Keeping Elevation Certificates in computer format makes
them more readily accessible to City staff and citizens.
. Responsible Person: Engineer-in-Training
. Deadline: Begin implementation August 1999
. CRS Credit: Points are credited for Activity 310 (Elevation Certificates) if
the elevation certificate data for the City is kept and made available in
computer format.
2) Public Information Program Strategy
. The City will establish a public information outreach strategy team that
includes representatives of agencies and organizations active in floodplain
management and public information. The strategy team (minimum three
members) will consist of someone familiar with the community's floodplain
management program and at least one representative from outside the
community's government.
. A written document will be prepared that describes:
=> The local flood hazard.
=> The flood safety and property protection measure appropriate for that
hazard.
=> The flood-related public information activities currently being
implemented within the community (including those by non-
government agencies).
=> Goals for the community's public information program.
=> Process to be followed to monitor and evaluate the projects.
. Responsible Person: Engineer-in-Training
. Deadline: Have plan ready for review by November, 1999
City of La Porte
Planning Deparbnent, nub
Page 18 of 26
June 10, 1999
.
CI1Y OF LA PORTE, T.X
CRS ACTIVTIY 510
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. CRS Credit: Points are credited for activity 330, Outreach Project
Pursuant to a public information program strategy.
3) Real Estate Agents' Brochure
. Work with local area real estate agents to develop and hand out a
brochure describing the community's flood hazard.
. Person Responsible: Director of Planning
. Deadline: January, 2000
. CRS Credit: Credit for Activity 340 can be achieved if real estate agents
provide brochures or handouts that advise potential buyers to investigate
the flood hazard for a property.
4) Ordinance for Storm Water Management
. One of the greatest problems of floodplain management in urbanizing
areas in the increase in peak flow caused by watershed development. As
forest, fields and farms are covered by impermeable surfaces, such as
streets, rooftops and parking lots, more rain runs off at a faster rate. When
an area is urbanized, the rate of runoff can increase five-fold or more. A
new ordinance addressing the following issues would alleviate this
prOblem:
=> Regulating developments on a case-by-case basis to ensure that the
peak flow of stormwater runoff from each site will be no greater than
the runoff from the site before it was developed.
=> All developments (no matter the size) will be regulated.
=> Detention is designed for greater than 10-year storm, but smaller than .
100-year storm.
=> City inspects private storm water facilities and has regulatory authority
to require the owners to perform appropriate maintenance.
=> Regulations require that, as a condition of building permit, applicant
must prepare site plan that accounts for local drainage from and onto
adjoining properties.
=:> Regulations require new developments of 5 acres or more to include in
the design of their storm water management facilities appropriate "best
management practices" that will improve the quality of surface water.
. Responsible Person: Director of Planning
. Deadline: Draft revisions should be presented to City Council by
August, 1999.
· CRS Credit: Credit for Activity 450 (Stormwater Management) is provided
for adopting an ordinance with the above regulations.
5) Revise City's Building Code
. The state has recently published new recommended guidelines for
protection buildings from damage by hurricanes. Other higher regulatory
standards are recommended by the CRS. These should be reviewed and
the following amendments should be incorporated into the Building Code
and/or Flood Development Ordinance:
City of La Porte
Planning Deparbnent, rmh
Page 19 of 26
June 10, 1999
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CITY OF LA PORTE, TX
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=:) Raise the minimum flood protection level from the base flood elevation
(BFE) to eighteen inches above the BFE. All substantially damaged
buildings and new buildings must be at or above this level.
=:) Prohibit fill within the floodplain and fIoodway, or new developments
are required to provide compensatory storage at hydraulically
equivalent sites.
=:) Count improvements to building cumulatively so that eventually all
buildings will be brought up to flood protection standards.
. Responsible Person: Chief Building Official
. Deadline: Draft revisions should be presented to City Council by
September, 1999.
. CRS Credit: All of the recommended changes are credited under Activity
430 (Higher Regulatory Standards).
Long-Range Activities
6) City Newsletter - Floodplain Outreach
. A City Newsletter would allow the City staff and Council to communicate
effectively with its citizens, taxpayers and voters. Every issue could
contain a different article on floodplain hazards, and the services available
to citizens at City Hall.
. CRS Credit: Credit would be given through Activity 330. An outreach
project to the City must be conducted annually to continue participation in
the CRS.
7) Flood Data Maintenance
. Input FIRM data into Utility Mapping Drawings. Placing FIRM data on the
CAD system can allow for information to be updated electronically, and
can display or print a current map.
. Responsible Person: Drafting Department
. CRS Credit: Credit for Activity 440 can be provided for implementing
digital systems that improve access, quality, and/or ease of updating flood
data within the community.
8) Preserve Open Space
. One of the best ways to prevent flood damage is to keep f1oodprone areas
free from development. In addition to flood protection benefits, preserving
open space can greatly enhance the natural and beneficial function that
floodplains serve.
. Responsible Person: Director of Parks & Recreation
. CRS Credit: Credit for Activity 420 can be provided for keeping vacant
floodplain lands open. This can be done by keeping the land publicly
owned (e.g., a park or golf course), or by regulating development so that
there will be no new buildings or filling on the land.
9) Maximize Interagency Coordination
. The City should maximize interagency coordination, especially with the
Harris County Flood Control District (HCFCD) and TxDOT. This includes
setting up regular meetings with HCFCD to review the City's priorities for
City of La Porte
Planning Deparbnent, rmh
Page 20 of 26
June 10, 1999
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CI1Y OF LA PORTE, TX
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drainage improvements. These meetings will also aid in targeting areas
that need infrastructure improvements.
10)City's Hurricane Warning & Response Plan
. There is still room for improvement of the City's hurricane warning and
response plan. Special attention should be given to warning and
evacuating the critical facilities and getting coastal residents to evacuate
quickly.
11 )Emergency Operations Center (EOC)
. The EOC's operation is vital to the City. A flood-free site situated far from
the coast needs to be evaluated.
. CRS Credit: None. However, if the City wants CRS credit for protecting
critical facilities to the SOC-year flood level (Activity 430 - Higher
Regulatory Standards), it must enforce the provisions on its own
construction projects.
City of La Porte
Planning Department, nnh
Page 21 of26
June 10, 1999
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CITY OF LA PORTE, TX
CRS ACTIVI1Y 510
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.
Adopt the Plan
This plan was presented to the City of La Porte City Council for formal
consideration on June 14th, 1999. A certified copy of the formal resolution is
attached.
City of La Porte
Planning Deparbnent, rmh
Page 22 of 26
l1Ule 10, 1999
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CIIT OF LA PORTE, TX
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Implement, Evaluate and Revise
Implementation of the activities recommended by this plan need to be monitored
so that the deadlines do not slip. A tracking system is needed to allow the
Planning Department to evaluate progress and revise the activities as necessary.
. Responsible Person: Director of Planning
. Support Agencies: Each person responsible for other activities.
. Deadline: Each responsible person should report to the Director of
Planning by the last day of each quarter. The Director of Planning will
show progress in the Planning Department's Quarterly Report. The report
will review progress and recommend changes as needed.
City of La Porte
Planning Department, nnh
Page 23 of 26
June 10, 1999
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819 OAI\LEAf AVE.
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12020 N. AVE. II L a
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f e
LEGEND
MH MANUFACTlJRfD HOU5ING
R-I LOWDfN9rTY R151~
R-2 MEDIUM DEN5ITY Rf5I
R-3 HIGH DfNSrTY Rf5IDDITIAI:
He NflGHBORt1OOD CXlMM~AL
GC GeNeRAL COMM~
51 BU5lNel5 INDUSTRlAL
U UGHT INDU5TlRAL
HI HEAVY INDU5TRlAL
P\JD I'\ANNm UNIT Df\IB.OI'MfNT
lOt ADDRel5 EILOCII.
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APPENDIX "c" Boy r OI'est
DAMAGE ASSESSMENT TROPICAL STORM FRANCIS, SEPTEMBER 11 1998
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ARTICLE VI
The corpozo:ation I s internal affairs shall be regulated by a set
of bylaws, not inconsistent with the laws of the state, which have
been approved by the City Council of the unit (the "Governinq
Body"), under whose auspices the corporation is created.
ARTICLB VII
The street address of the initial reqistered office of the
corporation is 604 West Fairmont Parkway, La Porte, Harris County,
Texas 77571, and the name of its initial reqistered aqent at such
address is Martha A. Gillett, City Secretary. The mailinq address
of the initial reqistered office of the corporation is P.o. Box
1115, La Porte, Texas 77572-1115.
ARTICLE VIII
The number of directors consti tut1nq the initial Board of
Directors of the corporation is 7, and'the names and addresses of
the persons who are to serve as directors are:
Chuck Enqelken, Jr.
3319 Gladwyne
La Porte, TX 77571
Jerry Clarke,
931 South Third
La Porte, TX 77571
Peter E. Griffiths
10034 Quiet Hill
La Porte, TX 77571
william S. Love, Jr.
9 Bay Harbor Drive
La Porte, TX 77571
Edward Matuszak
10443 CatJ.ett
La Porte, TX 77571
Patricia Muston
117 Garfield
La Porte, TX 77571
Greq Kroll
11804 North H Street
La Porte, TX 77571
ARTICLE IX
The name and street address of each incorporator are:
Chuck Enqelken, Jr.
3319 Gladwyne
La Porte, TX 77571
931 South Third
La Porte, TX 77571
10034 Quiet Hill
La Porte, TX 77571
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Jerry Clarke
.'
Peter 'E. Griffiths
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ARTICLE X
The Governinq Body of the unit has specifically authorized by
Resolution the corporation to act on its behalf to further the
specific public purpose as set forth in Article IV of these
Articles of Incorporation, and has approved these Articles of
Incorporation of the corporation.
ARTICLE XI
These Articles of Incorporation may at any time a~d from time
to time be amended by the Board of Directors or by the Governinq
Body, subject to such restrictions and in accordance with such
procedures as may be provided in the Bylaws of the corporation; so
lonq as the Articles of Incorporation as amended contain only such
provisions as are. lawful under the Act.
IN WITNESS WHEREOF, we have hereunto set our hands, this 13th
JUly, 1999.
" ~
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Chuck EnqQlkf2:J Jr. n
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BYLAWS
OF THE
CITY OF LA PORTE
DEVELOPMENT CORPORATION
These bylaws govern the affairs of the CITY OF LA PORTE DEVELOPMENT CORPORATION
(the "Corporation") a nonprofit corporation organized under Article 5190.6, Section 48, Vernon's
Annotated Texas Civil Statutes, as amended (the 'Act').
ARTICLE I
PURPOSES
General Purposes
1.01. The Corporation acts on behalf of the City of La Porte, Texas in furtherance of the public
purposes of the Act and may engage in any project authorized under Section 2(10) or Section
4B of the Act.
Powers
1.02. The Corporation has all the powers both express and implied, granted to corporations
governed by Section 4B of the Act and by the Texas Non-profit Corporation Act.
ARTICLE II
OFFICES
Principal Office
2.01. The principal office of the Corporation in the State of Texas is located at 604 West
Fairmont Parkway in La Porte; Harris County; Texas. The Corporation may provide for
additional offices or change the location of any office.
Registered Office and Agent
2.02. The Corporation shall comply with the requirements of the Act and maintain a registered
office and registered agent in Texas. The registered office may, but need not, be identical with
the Corporation's principal office in Texas. The Corporation may change the registered office
and the registered agent as provided in the Act.
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ARTICLE III
BOARD OF DIRECTORS
Management of the Corporation
3.01. The affairs of the Corporation shall be managed by the Board of Directors.
Number, Qualifications and Tenure of Directors
3.02. The Board of Directors shall consist of seven members appointed by the City Council of
the City of La Porte, Texas, for staggered two year terms of office. Not less than three (3)
directors shall be persons who are not employees, officers or members of the governing body
of the City of La Porte, Texas. Each director must reside within the City of La Porte, Texas.
The Board of Directors shall appoint a President and Vice-President by October 1 of each year.
The President shall be the presiding officer for meetings and the Vice-President shall act in the
President's absence.
Vacancies
3.03. A vacancy occurring upon the Board of Directors shall be filled for the unexpired term by
appointment by the City Council of the City of La Porte, Texas.
Annual Meeting
3.04. The annual meeting of the Board of Directors shall be held during the month of March of
each year. The Board of Directors shall designate the time and location of the annual meeting.
Regular Meetings
3.05. The Board of Directors may provide for regular meetings by resolution stating the time
and place of such meetings. The meeting shall be held within the City of La Porte, Texas, at a
location designated by the Board of Directors.
Special Meetings
3.06. Special meetings of the Board of Directors may be held at the request of the President
or any three Directors. A person or persons calling the meeting shall fix the time and location of
the meeting.
The person or persons calling a special meeting shall notify the secretary of the Corporation of
the information rt;tquired to be included in the notice of the meeting. In addition to the posting of
a meeting notice in accordance with these bylaws, a copy of each such meeting notice shall be
delivered to each director not less than seventy-two hours before the time of the meeting. A
meeting notice shall be deemed delivered to any director when deposited in the United S~ates
mail addressed to the director at his or her address as it appears on the records of the
Corporation. Such additional notice may be waived in writing by a director at any time either
before or after the time of the meeting and such additional notice shall be deemed waived by
attendance.
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Notice of Meetings
3.07. The Corporation shall be considered a "governmental body" within the meaning of
Texas Government Code. Sec. 551.001; and notice of each meeting shall be given in
accordance with the provisions of Texas Government Code, Chapter 551 (The Texas Open
Meetings Act).
Quorum
3.08. Four (4) Directors shall constitute a quorum for the transaction of business at any
meeting of the Board of Directors. The presence of a director may not be established by proxy.
No business shall be conducted, nor shall any action be taken by the Board of Directors in the
absence of a quorum.
Duties of Directors
3.09. Directors $hall exercise ordinary business judgment in managing the affairs of the
Corporation. In acting in their official capacity as directors of the Corporation, directors shall act
in good faith and take actions they reasonably believe to be in the best interests of the
Corporation and which are not unlawful and shall refrain from actions not in the best interest of
the Corporation or which would be unlawful. A director shall not be liable if, in the exercise of
ordinary care, the director acts in good faith relying on written financial and legal statements
provided by an accountant or attorney retained by the Corporation.
Duties of President
3.10. The president shall be the chief executive officer of the Corporation. The president shall
supervise and control all of the business and affairs of the Corporation. When the execution of
any contract or instrument shall have been authorized by the Board of Directors, the president
shall execute same except where such power is expressly delegated to another officer of the
Corporation. The president shall perform other duties prescribed by the Board of Directors and
all duties incident to the office of president.
._. ~ctlons of Board of Difectors
3.11. The Board of Directors shall try to act by consensus. However, the vote of a majority of
directors present at a meeting at which a quorum is present shall be sufficient to constitute the
act of the Board of Directors.
Proxy Voting Prohibited
3.12. A director may not vote by proxy.
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Removal of Directors
3.13. The Board of Directors and each member thereof serves at the pleasure of the City
Council of the City of La Porte, Texas, which may remove any director at any time, either with
or without cause.
Committees
3.14. The Board of Directors may by resolution establish one or more special or standing
committees. Such committees shall have the powers, duties and responsibilities established by
the Board. The committees shall keep regular minutes of their meetings and report the same to
the Board of Directors when required.
Compensation of Directors
3. 15. The directors shall not receive any salary or compensation for their services. Directors
may be reimbursed for their actual expenses incurred in the performance of their duties. Travel
expenses shall be reimbursed under the City's travel policy.
Attendance
3.16. Regular attendance at the Board meetings is required of all directors. Members who
miss more than twenty-five (25%) of called meetings, except for medical reasons, shall be
subject to removal by City Council. .
Ex-Officlo Members
3.17. The City Council may appoint Ex-Officio members to the Board of Directors as it deems
appropriate. These representatives shall have the right to take part in any discussion of open
meetings, but shall not have the power to vote in the meetings. Ex-Officio members shall serve
a term of one calendar year.
ARTIC.LE IV
OFFICERS
Officer Positions
4.01. The officers of the Corporation shall be a secretary who shall be the City Secretary (or
their designee) of the City of La Porte, Texas and a treasurer who shall be the Finance Director
(or their designee) of the City of La Porte, Texas.
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Terms of Officers
4.02. The officers of the Corporation shall serve as long as they are employed by the City of
La Porte, Texas.
Removal of Officers
4.03. Any officer may be removed by the City Council of the City of La Porte, Texas at any
time, with or without good cause.
Vacancies
4.04. A vacancy in any office may be filled by the City Council of the City of La Porte, Texas
for the unexpired portion of the officer's tei"m.
Secretary
4.05. The Secretary shall:
. Give all notices as provided in the bylaws or as required by law.
. Take minutes of the meetings ofthe Board of Directors and keep the minutes as part of the
corporate records. .
. Maintain custody of the corporate records, authenticate corporate documents and affix the .
seal of the Corporation as required.
. Keep a register of the mailing address of each director and officer of the Corporation.
. Perform duties as assigned by the president or Board of Directors.
. Perform all duties incident to the office of secretary.
Treasurer
4.06. The treasurer shall:
. Have charge and custody of and be responsible for all funds arid securities of the
Corporation.
. Receive and give receipts for moneys due and payable to the Corporation from any source.
. Deposit all moneys in the name of the Corporation in banks, trust companies, or other
depositories as provided by these bylaws.
. Write checks and disburse funds to discharge obligations of the Corporation.
. Maintain the financial books and records of the Corporation.
. Prepare financial reports at least annually.
. Perform other duties as assigned by the Board of Directors.
. Prepare an annual budget.
. Perform all duties incident to the office of treasurer.
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. Compensation of Officers
4.07. The officers shall not receive any salary or compensation for their services. Officers
may be reimbursed for their actual expenses incurred in the performance of their duties. Travel
expenses shall be reimbursed under the City's travel policy.
ARTICLE V
TRANSACTIONS OF THE CORPORATION
Contracts
5.01. The Board of Directors may authorize any officer or agent of the Corporation to enter
into a contract or execute and deliver any instrument in the name of or on behalf of the
Corporation. This authority may be limited to a specific contract or instrument or it may extend
to any number and type of possible contracts and instruments.
Depository Bank
5.02. All funds of the Corporation shall be deposited with the City's depository bank.
Potential Conflicts of Interest
5.03. The members of the Board of Directors are local public officials within the meaning of
Texas Local Government Code Chapter 171. If a director has a substantial interest in a
business entity or real property which is the subject of deliberation by the Board of Directors.
the director shall file an affidavit with the secretary of the Corporation stating the nature and
extent of the interest. Such affidavit shall be filed prior to any vote or decision upon the matter
by the Board of Directors, and the interested director shall abstain from any vote or decision
upon the matter.
Council Approval
'f
5.04. The Board of Directors shall obtain prior City Council approval of all real estate
acquisitions, real estate leases for over one year and or any long-term leases; contracts,
expenditures, or debts over $15,000.00; and bond issues or other debt extending beyond one
year. The Board of Directors shall have the authority to enter into all other budgeted
transactions without prior City Council approval. Amendments to the budget must be approved
by the City Council.
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ARTICLE VI
BOOKS AND RECORDS
Required. Books and Records;
6.01. The Corporation shall maintain:
. Correct and complete books and records of account.
. The Corporation's books and records shall include a file endorsed copy of all documents
filed with the Texas Secretary of State relating to the Corporation, including, but not limited
to, the Articles of Incorporation, any articles of amendment, restated articles, articles of
merger, articles of consolidation, and statement of change of registered office or agent.
. A copy of the bylaws and any amended versions or amendments to the bylaws.
. Minutes of the proceedings of the Board of Directors.
. A list of names and addresses of the directors and officers of the Corporation.
. A financial statement showing the assets, liabilities, and net worth of the Corporation at the
end of the three most recent fiscal years.
. A financial statement showing the income and expenses of the Corporation for the three
most recent fiscal years.
. All rulings, letters, and other documents relating to the Corporation's federal, state and local
tax status. .
. The Corporation's federal, state and local information or income tax returns for each of the
Corporation's three most recent tax years.
. Annual budget which is approved by City Council.
Records Open to Public
6.02. The Corporation shall be considered a "governmental body" within the meaning of the
Texas Government Code, Sec. 552.003 and all records of the Corporation shall be made
available to the public for inspection or reproduction in accordance with the requirements of the
Texas Government Code, Chapter 552 (The Texas open Records Act).
Audits
6.03. The Corporation's books are required to be audited by the City's independent auditor on
an annual basis. Cost of the audit will be paid by the Corporation.
ARTICLE VII
PERSONNEL
.
7.01. Any full-time or part-time personnel positions that the Corporation may establish will be
subject to the personnel poliCies of the City. The City Manager has full authority in personnel
matters.
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ARTICLE VIII
AMENDMENTS TO BYLAWS
8.01. The bylaws may be altered, amended, or repealed by the affirmative vote of four or
more members of the Board of Directors with the consent of the City Council of the City of La
Porte, Texas or shall be altered, amended or repealed at the direction of the City Council of the
City of La Porte.
ARTICLE IX
MISCELLANEOUS PROVISIONS
Legal Authorities Governing Construction of Bylaws
9.01. The bylaws shall be construed in accordance with the laws of the State of Texas. All
references in the bylaws to statutes, regulations, or other sources of legal authority shall refer to
the authorities cited. or th.eir successors, as they may be amended from time to time. It is
expressly provided that the provisions of the Development Corporation Act of 1979 applicable to
corporations governed under Section 4B of that Act are incorporated within these bylaws by
reference. In the event of any conflict between the applicable provisions of such Act and these
bylaws, then the applicable provisions of such Act shall control.
Legal Construction
9.02. If any bylaw provision is held to be invalid, illegal or unenforceable in any respect, the
invalidity, illegality or unenforceability shall not affect any other provision and the bylaws shall
be construed as if the invalid, illegal, or unenforceable provision had not been included in the
bylaws.
Headings
9.03. .The headings used in the bylaws are used for convenience and shall not be considered
in construing the terms of the bylaws.
Seal
9.04. The Board of Directors shall provide for a corporate seal. Such seal would consist of
two concentric circles containing the words "City of La Porte Development Corporation", and
''Texas'' in one circle and the "incorporated" together with the date of incorporation of the
Corporation in the other circle.
Parties Bound
9.05. The bylaws shall be binding upon and inure to the benefit of the directors, officers and
agents of the Corporation and their respective heirs, executors, administrators, legal
representatives, successors and assigns except as otherwise provided in the bylaws.
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Fiscal Year
9.06. The fiscal year of the Corporation shall begin on the first day of October of each year
l1lnd end on the last day of September of the following year.
Effective Date
9:07. These bylaws, and any subsequent amendments hereto, shall be effective of and from
the date upon which approval has been given both by the Board of Directors and the City
Council of the City of La Porte, Texas.
.1999
CERTIFICATE OF SECRETARY
I certify that I am the duly elected and acting secretary of the CITY OF LA PORTE
DEVELOPMENT CORPORATION, and the foregoing Bylaws constitute the Bylaws of the
Corp~'"ltion. These. B~laws were duly adopted at a meeting of the Board of Directors held on
the b"- day of ~8..Q ,... ,1999, and approved and ratified by the City Council of the
City of La Porte, Texas, at a meeting held on the ~ay of :1'c.c.11l ,1999.
I .
Signed this rI1- day of {()Gh;a-t(
,1999.
'-/I711Hk f/. ~-d&
Secretary of the Corporation
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Exhibit B
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City of La Porte
Bond Maturity Schedule
Certificate of Obligation Bonds, Potential Series 2000
Dated 2/15/00 - 4.4% to 6.3% Varied Interest
Fiscal Principal Interest Interest Total Debt
Year February 15 Rate Total Requirements
2000 173,875.00 173.875.00
2001 325,000.00 4.40 340,600.00 665,600.00
2002 325,000.00 4.50 326,138.00 651,138.00
2003 325,000.00 4.60 311,350.00 636,350.00
2004 325,000.00 4.70 296,238.00 621,238.00
2005 325,000.00 4.80 280,800.00 605,800.00
2006 325,000.00 4.90 265,038.00 590,038.00
2007 325,000.00 5.00 248,950.00 573,950.00
2008 325,000.00 5.10 232,538.00 557,"538.00
2009 325,000.00 5.20 .215,800.00 540,800.00
2010 325,000.00 5.30 198,738.00 523,738.00
2011 325,000.00 5.40 181,350.00 506,350.00
2012 325,000.00 5.50 163.638.00 488,638.00
2013 325,000.00 5.60 145,600.00 470.600.00
2014 325,000.00 5.70 127,238.00 452,238.00
2015 325,000.00 5.80 108,550.00 433,550.00
2016 325,000.00 5.90 89,538.00 414.538.00
2017 325,000.00 6.00 70.200.00 395.200.00
2018 325,000.00 6.10 50,538.00 375,538.00
2019 325,000.00 6.20 30,550.00 355,550.00
2020 325,000.00 6.30 10,238.00 335,238.00
Total 6.500,000.00 3,867,505.00 10,367,505.00
These proposed bonds are expected to be sold to support Capital Projects being funded by
proceeds from the Section 4B 1/2 Cent Sales Tax that was approved by the voters 1/16/99.
The first two projects expected to be completed are the Community Library and the extension
of Bay Area Boulevard.
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City of La Porte, Texas
Long Range Projection for the La Porte Development Corporation
Section 48 112 Cent Sales Tax
Projected
2007-08
Projected
2006-07
Projected
2005-06
Projected
2004-05
Projected
2003-04
Projected
2002-03
Projected
2001-02
Projected
2000-01
Projected
1999-00
Estimated
1998-99
45.210
o
Beg Working Capital Balance
e
429,170
1,096.563
13,042
1..109,605
381,711
1,069.817
10,468
1,080,285
389.715
1,043.724
9.310
1,053,034
450,617
1,018.267
9,505
1,027.773
561,933
993.432
10,991
1.004,422
721,250
969.202
13,706
982,907
926,234
945.563
17,591
963.154
785,493
922,500
22,591
945,091
900.000
19,158
919,158
50.000
210
50,210
Plus Revenues:
Sales Tax
Interest
Total Revenue
5.000
557.538
441,500
1,004,038
5,000
573,950
453,875
1,032,825
5.000
590,038
466.000
1,061,038
5,000
605.800
477,875
1,088,675
5,000
621,238
489.500
115,738
5,000
636,350
500.875
1.142,225
5.000
651,138
512,000
1.168,138
5.000
665.600
133,750
804,350
5,000
173,875
o
178,875
5,000
o
o
5.000
Less Expenses:
Operations
$6.5 issue in 99-00
$5 issue In 00-01
Total Expenses
1
785.493
45,210
Ending Balance
e
534,737
429,170
381,711
389,715
450,617
561,933
721,250
926,234
Assumptions:
Annual growth of the 1/2 cent Sales Tax will be at 2.5% per year.
Interest will be earned at 5% on average balance
A debt issue of $6.5 million will occur In February 2000
A debt Issue of $5 million will occur in February 2001
will be about 2010 before another debt issue could be supported.
it
If these assumptions hold true,
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Long Range Projection for the La Porte Development Corporation
Section 48 1/2 Cent Sales Tax
Projected
2006-07
Projected
2005-06
Projected
2004-05
Projected
2003-04
Projected
2002-03
Projected
2001-02
Projected
2000-01
Projected
1999-00
Estimated
1998-99
Projected
2007-08
785.493
45,210
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Beg Working Capital Balance
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440.864
1,096,563
24,372
1.120.935
939.244
1,069,817
10,753
1.080.570
467,650
1,043,724
22,908
1,066,632
48,776
1,018,267
11,406
1,029,673
680.393
993,432
1,190
994,621
335,947
969,202
16,595
985,797
38.328
945,563
8.194
953.756
922,500
935
923,435
900.000
19,158
919.158
50,000
210
50,210
Plus Revenues:
Sales Tax
Interest
Total Revenue
5,000
590,038
5.000
605,800
o
610,800
5.000
621,238
1,000,000
1,626.238
5,000
636,350
5.000
651,138
o
656,138
5,000
665.600
1.000,000
1,670.600
5,000
173,875
5,000
o
o
5,000
Less Expenses:
Operations
$6.5 issue in 99-00
Pay as you go Method
Total Debt
5,000
557,538
o
562,538
5,000
573.950
1,000,000
1.578.950
o
595,038
o
641,350
o
178.875
335.947
785,493
45,210
Ending Balance
e
999.261
440,864
939,244
467,650
48,776
680,393
38.328
Assumptions:
Annual growth of the 1/2 cent Sales Tax will be at 2.5% per year.
Interest will be earned at 5% on average balance
A debt issue of $6.5 million will occur in February 2000
About $1 million in projects will be done every three years.
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Exhibit C
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWA'"
P.o. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
~OHN ~ ARMSTRONG
CHARLES R. HUBER. ..IR.
BOAIID CERT''''CD - CIVIL l'RIA&.. L.AW
TEXA. .OA"O 0" I.EOAI. SPECIAI.IZATION
TELEPHONE 281 471-1888
TELECOPIER 281 471-2047
August 5, 1999
Mr. Jeff Litchfield
Assistant City Manaqer
IDirector of Finance
City of La Porte
City Hall
La Porte, Texas
Re: City of La Porte .Development corporation
Charter Number 01544301-01
Dear Jeff:
I enclose for your files, oriqinal of certificate of Incorporation
issued July 28, 1999, to City of La Porte Development Corporation.
You should obtain a federal taxpayer identification number for this
Texas non-profit corporation.
I also enclose filinq fee check, which was returned by the
Secretary of State. Apparently, the filinq fee is waived on this
type of corporation.
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
RECEIVED
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ASS'T. CITY MGRJFINAf\fC~!
AUG 0 9 1999
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SC.1-CH, r)~ 1 .
<(Ufr! ~hde nf raI!XaS
~unbtrv af ~hrle
JJLY 20, 1999
K ~l 0 ~ WAS '< pI S
702 . F~!~M~N~ ~~W1
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CITY "f L~ ~JPTE OEViLOP~ENT cO~pa~!TIJN
C~A~T~R NUM9~D O!~.4J01-01
I~ HAS q~cN uU~ ~L~ASU~E TO ~p~~uv~ A~U ~LAC~ u~ REca~D TH~ A~TICLES
LF tNr.up.pryK^rIJ~ Ti~T c~=~r;u ()J~ Cu~~nKArIO~. We Exr;Na ou~ B~ST
wI)~t~ cuR 5JC~~~~ IN faJ~ ~cw Vc~TU~=.
A' A CuoPQ<~r!uNt fOu ~QE SUdJ;:r Ta ST~T; TAX LAWS. SOME Nu~-PR~FIT
CORoJ~ATl~~~ AR~ ~~~MPr F~J~ THE P~'M~~T OF FRA~CH!~~ TAXES A~U MAt
ALS1 ~~ ~Wc~pT ~~~M TH~ p~Y~~~r Oc SAL~S A~O U~E TAX ON T~E PU~CHASE
u~ TA~A8~E trCM~. IF rJU F~~L TriAr U~~E~ THE LA~ tOUR CORPOilTIJN IS
c~rtTL~O TU ~c =A~~Pi tryU MUjT ~PP~Y TJ THi co"prROL~ER OF PJ~L'C 4C-
~Ou~T5 FU~ :N~ ~~~MPr[J~. Trl; );CR~TAkY OF STAr~ CANNUT MAKe SUCH
D~TcR~l~~T!~N FO~ YOuR CO~?~~Ar!aN.
IF ~~ CAN u~ OF FU~THf~ S~RVIC~ AT 4NY T1M~, PLEASE LET US K~J~.
ve~~
Elton Bomer, Secretary of State
2.2.
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~ur~ of ~hth
CE~rlFICAT~ OF INCU~PO~~TIO~
flF
CITt OF LA ?1RTc ~Ei=LOP~~NT CORPORATION
C~A~iE( NU"B~Q. 01544301
TH~ U~D~~jI~N~Q, 45 SECREr~KY OF ST~Tci OF TH~ STATE OF TE~AS,
hEK=dY C;Rr!FT=~ THAT A~lTlr.~F.) JF INCO~P~K~TION FaR ThE A~OV~
tO~PQ"~Tl~N JULY SfGNED AND ~E~tFI~D ~UR~UANT TO THE PROVISIONS OF
THS U~V~~ryp~~Nr 'O{PUR~TION 4CT UF t97~. HAV~ d~~~ ~~CEIVEU I~ TrlIS'
O~FIC; ~Nn 4~~ FJU~O TJ C~NFOR~ TO LAW.
^CCuRut~~LY in~ ~~~c~S!~NE1, AS SJCH ~EC~~TA~t OF STATE, AND av
~t~T~e ~F rH~ AUTHJ~ITY V;~Tao TN T~~ S~~R~TA~t HY LAW, HER~a' ISSUES
THIS CcQTrFT::~T!7 OF 1~\1l:0RPOR~Ti')N AN':> ATTACHES HE!U:Tu A COpy JF TH:
A~Tt~li5 Of I~~f)RPJRATI~N.
IHT1:711 JULY 22. 19'N
~~
Elton Bomer, Secretary of State
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mIre ~tate of mexas
SECRETARY OF STATE
CERTIFICATE OF INCORPORATION
OF
CITY OF LA PORTE DEVELOPMENT CORPORATION
CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Texas, hereby certifies that Articles of
Incorporation for the above corporation, duly signed pursuant to the provisions of the
Development Corporation Act of 1979, have been received in this office and are found to
conform to law.
ACCORDINGLY, the undersigned, as such Secretary of State, and by virtue of the
authority vested in the Secretary by law, hereby issues this Certificate of Incorporation and
attaches hereto a copy of the Articles of Incorporation.
Dated: July 28, 1999
?d:-'l~ ,/
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Secretary 0/ SllIU
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SECRET AR Y OF STATE
CERTIFICATE OF INCORPORATION
OF
CITY OF LA PORTE DEVELOPMENT CORPORATION
. CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Texas, hereby certifies that the attached Articles
of Incorporation for the above named corporation have been received in this office and are
found to conform to law.
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority .
vested in the Secretary by law, hereby issues this Certificate of Incorporation.
Issuance of this Certificate of Incorporation does not authorize the Wle of a corporate name
in this state in viol~tion of the rights of another under the federal Trademark Act of 1946,
the Texas trademark law, the Assumed Business or Professional Name Act, or the common
law.
Dated:
Effective:
July 22, 1999
July 22, 1999
~r;~ ~
Secretary of SIa/8
SM
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tTIqt 'tatt of tTItxas
SECRET AR Y OF STATE
CERTIFICATE OF INCORPORATION
OF
CITY OF LA PORTE DEVELOPMENT CORPORATION
. CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Texas, hereby certifies that the attached Articles
of Incorporation for the above named corporation have been received in this office and are
found to conform to law.
ACCORDINGLY, the undersigned, as Secretary of State, . and by virtue of the authority
vested in the Secretary by law, hereby issues this Certificate of Incorporation.
Issuance of this Certificate of Incorporation does not authorize the use of a corporate Dame
in this state in violation of the rights of another under the federal Trademark Act of 1946,
the Texas trademark law, the Assumed Business or Professional Name Act, or the common
law.
Dated:
Effective:
July 22, 1999
July 22, 1999
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Exhibit D
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City of La Porte Development Corporation
P.o. Box 1115, La Porte, Texas 77572
October 7, 1999
Bryant K. Lomax, Manager
Texas Comptroller of Public Accounts
Exemptions Organizations Section
PO Box 13528 .
Austin, Texas 78711-3528
Dear Mr. Lomax:
The City of La Porte Development Corporation is a nonprofit corporation organized
under the Development Corporation Act of 1979 (Article 5190.6, VTCS) and as such, is
requesting a franchise tax exemption. Our charter number is 01544301.
Please notify me if you have any questions or need any additional information.
Sincerely,
Jeff Litchfield
Treasurer
2.9
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TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
AUSTIN, TexAS 78774-0100
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August 31, 1999
CITY OF LA PORTE DEVELOPMENT CORPORATION
604 W FAIRHONT PKWY
LA PORTE, TX 77571
Dear Corporate Agent:
The Texas Secretary of State has notified the Comptroller that you are the
registered agent for a newly. established nonprofit corporation in Texas. As the
manager of the Tax Policy Division, I want to take this opportunity to provide some
information about the Texas franchise tax as it applies to nonprofit corporations.
Franchise tax is a tax on all corporations chartered or doing business in Texas.
Certain nonprofit corporations may qualify for.an exemption, but the law requires
the corporation to apply for .the exemption. Under the law, your corporation has 15
months from its charter or doing-business date to establish its exemption. I've
enclosed Franchise Tax Rule 3.541 and our publication entitled SUbchapter B.
Exemptions.
To request a franchise tax exemption because your corporation has obtained an
exemption from the Internal Revenue Service (IRS) under Internal Revenue Code
Sections 501(c) (2) through (8), (10), (16), (19), or (25), all you need to do is
send us a letter requesting a franchise tax exemption and a copy of the letter your
corporation received from the IRS gran~ing ~he federal exemption. The IRS deter-
mination letter will specify the section of the code under.which the federal
exemption was granted.
If you feel your corporation may qualify for franchise tax exemption, but obtaining
a federal exemption does not apply to your corporation, send us your written
request for franchise tax exemption and include the following:
· the Subchapter B section..under which your corporation is exempt;
· copies of the Articles of Incorporation and other governing documents including
any bylaws;
· any published information regarding the activities of the organization;
· a detailed description of the organization's activities including a two-year
bUdget; and
· a daytime telephone number and the name of a contact person.
Franchise tax exemption requests should be sent to the Comptroller of Public
Accounts, Exempt Organizations Section, Post Office Box 13528, Austin, Texas
78711-3528. If you need further informati~n, please call our Tax Assistance
Section toll free at"1-800-252-1381.
Enclosures
Faml C1W70 (R1IV.7""'1
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Exhibit E
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JEFF LITCm'IELD, CPA
914 Hollow Tree. La Porte~ . Teras 77571 . (281) 470-6475
SUMMARY
Over twenty years experience in a municipal environment with emphasis in management and significant exposure
to financial operations. Substantial interaction with elected officials, contractors, community leaders and the
general public.
Experience
CITY OF LA PoRTE, TExAs
Assistant City Manager, April 1995 to Present
Director of Finance, November 1987 to Present
As Assistant City Manager, my.responsibility includes the City's financial operations as well as management
guidance for several disciplines, including Parks and Recreation, Golf Course, City Secretary and A~trative
Services (Human Resources, Purchasing and Management Information Services). Total staff under my direction
is 152.
Recent accomplishments include changing platforms for the City's Financial and Administrative Computer
Applications. I was charged with all aspects of the process, from preparing the request for proposal to final
acceptance of the completed project. A re-codification of the City's Ordinances has provided efficient information
dispersal resulting in increased compliance with municipal laws. In 1998, the City received rating increases in
three of four categories from Moody's and Standard and Poor's.
As Director of Finance, I am responsible for the full spectrum of the City's financial operations. Our City has a
population of 33,000 with a total budget of 43 million dollars. Since 1994, La Porte has provided tax billing and
collecting services, (annual collections of 61 million dollars), to our local school district and two neighboring
cities.
Capital projects completed during my tenure with the City total 39 million dollars and include a golf course, wave
pool, recreation and fitness center, fire training facility and various street, water and sanitary sewer improvements.
The City has received the Certificate of Achievement Award for its Comprehensive Annual Financial Report and
the Distinguished Budget Award for its annual budget, both conferred by the Government Finance Officers
Association. Financial projects accomplished include long range plans for the Utility and Debt Service Funds, and
creation of a Computer Maintenance and Replacement Fund. Formal policy documents prepared include: Capital
Improvements Program; Investments; Financial Management; Fixed Assets and Motor Pool operations.
CITY OF UNIVERSITY PARK. TExAs
Assistant Finance Director, March 1986 to November 1987
As Assistant Finance Director, my duties included the areas of accounting, budgeting, tax, data processing,
municipal cour! and utility office operations. I was responsible for assuring our operation complied with
professional standards and providing information to City decision makers.
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CITYOFDALLAS,TExAs
EDP Audilor, Office oflhe City Audilor, March 198210 March 1986
As an internal auditor, I was involved with the audit of all aspects of municipal op~ratiODS and performed both financial
and operational reviews. My responsibilities included: auditing of accounting and financial data to determine its
reliability and compliance with generally accepted accounting principals and administrative policies; preparing statistical
sampling programs and interpreting the obtained results; and, performing investigative reviews in search of fraud and
abuse. In addition, I had extensive exposure to automated environments and utilized micro and main frame computers
as audit tools with emphasis on increasing reliability while decreasing audit costs.
CITY OF LUBBOCK, TExAs
Warer Production, Public Works, July 197810 May 1981
Slaff AccolUllanl, Finance Departmelll, May 198110 March 1982
I began my municipal career as a water production employee on the midnight shift while I attended school during the
day. Upon graduation, I was transferred to the Accounting Division, where I worked as a staff accountant until moving
to Dallas.
EnUCA nON
TExAs TECH UNIVERSITY
Bachelor of Business Administration, Accounting, 1981
CERTIFICATIONS
CERTIFIED PuBuc ACCOUNTANT, Texas, 1983
CERTIFIED GoVERNMENT FINANCE OFFICER, 1991
PuBUCATIONS
.. A COMPUTER MAINTENANCE AND REPLACEMENT FuND", Governmelll Finance Review, Volume 10, Number 6,
December 1994, pages 40-41
MEMBERSHIPS AND PARTICIPATIONS
Past-President, Government Finance Officers Association of Texas
Member, Government Finance Officers Association
Board Member, Certification Council, Government Finance Officers Association
Committee Member, TML Select Review Committee to Study Municipal Coun Fines
Member, Texas City Managers Association
Past-President, Gulf Coast Chapter of the Government Finance Officers Association
Board Member and Treasurer, Do Pont La Pone Federal Credit Union
Member, Rotary International
ADDITIONAL COMMENTS
Employment in small and large organizations and communications with blue collar workers as well as educated
professionals has shaped my personality and provided intuitive communication skills. Self satisfaction is obtained
through a productive work force. Honesty and fairness are two of my strongest traits and are ones I look for in others.
Married with two children, hobbies include golf, backpacking, wood working, running and auto restoration.
.32
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Attached is a copy of the By-Laws and Articles of Incorporation for t 4B Development
Corporation. In additon a copy of the Resolution 99-23. Originals are filed in other
vault files. .
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RESOL:u'!IOII 110. 99---2L
A RBSOLtrrIOII AtrrHORIZIHe THB CRD'!IOIl 01' '!BE CI'l'Y 01' LA POR'!B
DBVBLOPJOOI'! CORPORATIOJl UllDBR SBC'l'IOIl <lB 01' 'l'BB DBVBLOPJlBlJ'J!
CORPORA'!IOH AC'!, AR'!XCLB 5190.', V.A.T.S.; UPROVJ:BG '!JIB
CORPORATIO.' S U'!ICLBS 01' IHCORPORATIOB UD BYLAWS; UPOIHnrG '!JIB
IJlI'!XAL SBVD JlBKBBRS 01' THB BOARD 01' DIRBC'J!ORS 01' 'l'HB CORPORA'!IOB;
AUTHORIZIHG 'l'BB CORPORATIOJl '1'0 ACT 011 ITS B~T'" '1'0 ~'!BD '!JIB
PUBLXC PURPOSE '1'0 UllDBRTAICB DB PROJBC'!S AS DBSCRIBBD :Ill SBC'l'IOIl <lB
01' AR'!l:CLB 5190.'; I'IJIDIKG COHPLIUCB .XU 'l'BB opa JlJlJftDlGS LA.;
UD PROV:IDDlG U BI':rBCTIVB DATB BBRBOI'.
BB XT RESOLVED BY DB CITY COUJICIL 01' '!JIB CI'l'Y 01' LA POR'!B:
section 1.
The ci ty Council of the city of La Porte
authorizes the creation of the City of La Porte Development
Corporation.
Section 2. The City Council of the City of La Porte approves
I
the Articles of Incorporation and Bylaws of the City of La Porte
Development Corporation, in form attached hereto as Exhibit "A",
~ncorporated by reference herein, and made a part hereof for all
purposes.
Section 3. The City Council of the city of La Porte hereby
appoints the following named persons, all of whom are residents of
the City of La Porte, and no more than four of whom are elected
city officials or city employees, to serve as directors of the
corporation without compensation, but with reimbursement for actual
expenses.
A director shall serve at the pleasure of the City
Council for a term of two years; however, the city Council may vote
to remove a director.at any time without having to specify cause.
The number of directors constituting the initial Board of Directors
of the corporation is 7, and the names and addresses of the persons
who are to serve as directors are:
Chuck Enqelken, Jr.
3319 Gladwyne
La Porte, TX 77571
931 South 'l'hird
La Porte, '1'X 77571
1..
Jerry Clarke
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Peter E. Griffiths
10034 Quiet Hill
La Porte, TX 77571
9 Bay Harbor Drive
La Porte, TX 77571
10443 Catlett
La Porte, TX 77571
117 Garfield.
La Porte, TX 77571
11804 North H street
La Porte, TX 77571
william S. Love, Jr.
Edward Matuszak
Patricia Muston
Greg Kroll
Section 4. The corporation is organized under, and shall be
governed by, the Development Corporation Act of 1979, Article
5190.6,' section 4B, Vernons Annotated Texas Civil Statutes, as
amended (the "Act"), and may issue bonds on behalf of the Unit for
the specific public purpose to undertake projects as described in
Section 4B of Article 5190.6, including but not limited to projects
for the promotion of amateur athletics and sports including ball
parks, auditoriums, projects related to entertainment, convention,
tourist, and exhibition facilities, amphitheaters, concert halls,
and pUblic parks, park facilities and events, open space
improvements, learning centers, municipal buildings, mu~eums and
related stores, restaurant, concession, and automobile parking
facilities, related area transportation facilities, and related
roads, streets, and water and sewer facilities, recycling
facilities and projects to promote new or expanded business
enterprises including public safety facilities, streets and roads,
drainage, and related improvements, demolition of existing
structures, and general'improvements that are municipally owned,
development and expansion of affordable housing, as well as any
other improveme~ts or facilities that are related to any of the
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above projects and any other project that the board determines will
promote new or'expanded business enterprises, and the maintenance
and operations expenses for any of the above described projects.
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 meetinq of the City C9UDcil was
posted at a place convenient to the public at the City Hall of the
City for the. time required by law precedinq this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Gove~nment
Code; and that this meeting has been op.en 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 4. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 12th day of July, 1999.
CI?;OF : PORTE ~
(H!ffe~ ~
Mayor
By:
ATTEST:
City
Knox W. AskJ.ns
City Attorney
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--o;'IP"!On
We, the undersiqned natural persons, each of whom is of the
aqe of eiqhteen (18) years or more, and a qualified elector of the
City of La Porte (the "Unit"), acting as the incorporators of a
corporation under the Development Corporation Act of 1979, Article
5190.6, Section 4B, Vernon's Annotated Texas Civil Statutes, as
amended (the "Act"), do hereby adopt the followinq Articles of
Incorporation for such corporation:
ARTICLES OF INCORPORATION
. OF THE
CIlY OF LA PORTE
DEVELOPMENT CORPORATION
In the ~~~D
Secrat\7ry. Of ~;"~ at t17
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J Texas
UL 2 2 1999
CO'1Jorat/o .
f?:s
ARTICLE I
The name of the corporation is "CITY OF LA PORTE DEVELOPMENT
CORPORATION" .
ARTICLB II
The corporation is a nonprofit corporation.
ARTXCLB XXX
The duration of the corporation shall be perpetual.
ARTICLB IV
The corporation is organized under, and shall be qoverned by,
the Development Corporation Act of 1979, Article 5190.6, Section
4B, Vernons Annotated Texas civil statutes, as amended (the "Actn),
and may issue bonds on behalf of the Unit for the specific public
purpose to undertake projects as described in section 4B of Article
5190.6, including but not limited to projects for the promotion of
amateur athletics and sports including ball parks, auditoriums,
projects related to entertainment, convention, tourist, and
exhibition facilities, amphitheaters, concert halls, and public
parks, park facili ties and' events, open space improvements,
learning centers, municipal buildings, museums and related stores,
_res~aurant, concession, and automobile parking facilities, related
area transportation facilities, and related roads, streets, and
water and sewer facilities, recycling facilities and projects to
promote new or expanded business enterprises including public
safety facilities, streets and roads, drainage, and related
improvements, demolition of existinq structures, and general
improvements that are municipally owned, development and expansion
of affordable housinq, as well as any other improvements or
facilities that are related to any of the above projects and any
other project that the board determines will promote new or
expanded business enterprises, and the maintenance and operations
expenses for any of the above described projects.
ARTICLB V
.
The corporation has no members and is a nonstock corporation. Y-
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AR1'ICLB VI
The corpor:ation' s internal affairs shall be requlated by a set
of bylaws, not inconsistent with the laws of the state, which have
been approved by the City Council of the Unit (the "Governing
Body"), under whose auspices the corporation is created.
AR1'ICLB VII
The street address of the initial registered office of the
corporation is 604 West Fairmont Parkway, La Porte, Harris County,
Texas 77571, and the name of its initial registered agent at such
address is Martha A. Gillett, City Secretary. The mailing address
of the initial registered office of the corporation is P.o. Box
1115, La Porte, Texas 77572-1115.
.l1l1'ICLB VIII
The number of directors consti tut'ing the ini tial Board of
Directors of the corporation is 7, and'the names and addresses of
the persons who are to serve as directors are:
Chuck Enqelken, Jr.
3319 Gladwyne
La Porte, TX 77571
Jerry Clarke,
931 South Third
La Porte, TX 77571
Peter E. Griffiths
10034 Quiet Hill
La Porte, TX 77571
9 Bay Harbor Drive
La Porte, TX 77571
William S. Love, Jr.
Edward Matuszak
10443 Catl.ett
La Porte, TX 77571
Patricia Muston
117 Garfield
La Porte, TX 77571
Greq Kroll
11804 North H Street
La Porte, TX 77571
U1':ICLB IX
The name and street address of each incorporator are:
Chuck Enqelken, Jr.
3319 Gladwyne
La Porte, TX 77571
931 South Third
La Porte, TX 77571
10034 Quiet Hill
La Porte, TX 77571
5
Jerry Clarke
Peter 'E. Griffiths
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ARTICLB X
The Govern,inq Body of the Unit has specifically authorized by
Resolution the corporation to act on its behalf to further the
specific public purpose as set forth in Article IV of these
Articles of Incorporation, and has approved these Articles of
Incorporation of the corporation.
ARTICLE XI
These Articles of Incorporation may at any time a~d from time
to time be amended by the Board of Directors or by the Governinq
Body, subject to such restrictions and in accordance with such
procedures as may be provided in the Bylaws of the corporation; so
lonq as the Articles of Incorporation as amended contain only such
provisions as are. lawful under the Act.
IN WITNESS WHEREOF, we have hereunto set our hands, this 13th
July, 1999.
~~<
Chuck Enqelken Jr.
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BYLAWS
'OF THE
CITY OF LA PORTE
DEVELOPMENT CORPORATION
These bylaws govern the affairs of the CITY OF LA PORTE DEVELOPMENT CORPORATION
(the "Corporation") a nonprofit corporation organized under Article 5190.6, Section 4B, Vernon's
Annotated Texas Civil Statutes, as amended (the 'Acf).
ARTICLE I
PURPOSES
General Purposes
1.01. The Corporation acts on behalf of the City of La Porte, Texas in furtherance of the pUblic
purposes of the Act and may engage in any project authorized under Section 2(10} or Section
4B of the Act.
Powers
1.02. The Corporation has all the powers both express and implied, granted to corporations
govemed by Section 48 of the Act and by the Texas Non-profit Corporation Act.
ARTICLE II
OFFICES
Principal Office
2.01. The principal office of the Corporation in the State of T~xas is located at 604 West
Fairmont Parkway in La Porte; Harris County; Texas. The Corporation may provide for
additional offices or change the location of any office.
Registered Office and Agent
2.02. The Corporation shall comply with the requirements of the Act and maintain a registered
office and registered agent in Texas. The registered office may, but need not, be identical with
the Corporation's principal office in Texas. The Corporation may change the registered office
and the registered agent as provided in the Act.
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ARTICLE III
BOARD OF DIRECTORS
Management of the Corporation
3.01. The affairs of the Corporation shall be managed by the Board of Directors.
Number, Qualifications and Tenure of Directors
3.02. The Board of Directors shall consist of seven members appointed by the City Council of
the City of La Porte, Texas, for staggered two year terms of office. Not less than three (3)
directors shall be persons who are not employees, officers or members of the governing body
of the City of La Porte, Texas. Each director must reside within the City of La Porte, Texas.
The Board of Directors shall appoint a President and Vice-President by October 1 of each year.
The President shall be the presiding officer for meetings and the Vice-President shall act in the
President's absence.
Vacancies
3.03. A vacancy occurring upon the Board of Directors shall be filled for the unexpired term by
appointment by the City Council of the City of La Porte, 'Texas.
Annual Meeting
3.04. The annual meeting of the Board of Directors shall be held during the month of March of
each year. The Board of Directors shall designate the time and location of the annual meeting.
Regular Meetings
3.05. The Board of Directors may provide for regular meetings by resolution stating the time
and place of such meetings. The meeting shall be h.eld within the City of La Porte, Texas, at a
location designated by the Board of Directors.
Special Meetings
3.06. Special meetings of the Board of Directors may be held at the request of the President
or any three Directors. A person or persons calling the meeting shall fix the time and location of
the meeting.
The person or persons calling a special meeting shall notify the secretary of the Corporation of
the information required to be included in the notice of the meeting. In addition to the posting of
a meeting notice in accordance with these bylaws. a copy of each such meeting notice shall be
delivered to each director not less than seventy-two hours before the time of the meeting. A
meeting notice shall be deemed delivered to any director when deposited in the United States
mail addressed to the director at his or her address as it appears on the records of the .
Corporation. Such additional notice may be waived in writing by a director at any time either
before or after the time of the meeting and such additional notice shall be deemed waived by
attendance.
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Notice of Meetings
3.07. The Corporation shall be considered a "governmental body" within the meaning of
Texas Government Code, Sec. 551.001; and notice of each meeting shall be given in
accordance with the provisions of Texas Government Code, Chapter 551 (The Texas Open
Meetings Act).
Quorum
3.08. Four (4) Directors shall constitute a quorum for the transaction of business at any
meeting of the Board of Directors. The presence of a director may not be established by proxy.
No business shall be conducted, nor shall any action be taken by the Board of Directors in the
absence of a quorum.
Duties of Directors
3.09. Directors shall exercise ordinary business judgment in managing the affairs of the
Corporation. In acting in their official capacity as directors of the Corporation, directors shall act
in good faith and take actions they reasonably believe to be in the best interests of the
Corporation and which are not unlawful and shall refrain from actions not in the best interest of
the Corporation or which would be unlawful. A director shall not be liable if, in the exercise of
ordinary care, the director acts in good faith relying on written financial and legal statements
provided by an accountant or attorney retained by the Corporation.
Duties of President
3.10. The president shall be the chief executive officer of the Corporation. The president shall
supervise and control all of the business and affairs of the Corporation. When the execution of
any contract or instrument shall have been authorized by the Board of Directors, the president
shall execute same except where such power is expressly delegated to another officer of the
Corporation. The president shall perform other duties prescribed by the Board of Directors and
all duties incident to the office of president.
. Actions of Board of Difectors
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3.11. The Board of Directors shall try to act by consensus. However, the vote of a majority of
directors present at a meeting at which a quorum is present shall be sufficient to constitute the
act of the Board of Directors.
Proxy Voting Prohibited
3.12. A director may not vote by proxy.
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Removal of Directors
3.13. The Board of Directors and each member thereof serves at the pleasure of the City
Council of the City of La Porte, Texas, which may remove any director at any time, either with
or without cause.
Committees
3.14. The Board of Directors may by resolution establish one or more special or standing
committees. Such committees shall have the powers, duties and responsibilities established by
the Board. The committees shall keep regular minutes of their meetings and report the same to
the Board of Directors when required.
Compensation of Directors
3.15. The directors shall not receive any salary or compensation for their services. Directors
may be reimbursed for their actual expenses incurred in the performance of their duties. Travel
expenses shall be reimbursed under the City's travel policy.
Attendance
3.16. Regular attendance at the Board meetings is required of all directors. Members who
miss more than twenty-five (25%) of called meetings, except for medical reasons, shall be
subject to removal by City Council.
Ex-Officlo Members
3.17. The City Council may appoint Ex-Officio members to the Board of Directors as it deems
appropriate. These representatives shall have the right to take part in any discussion of open
meetings, but shall not have the power to vote in the meetings. Ex-Officio members shall serve
a term of one calendar year. .
ARTICLE IV
OFFICERS
Officer Positions
4.01. The officers of the Corporation shall be a secretary who shall be the City Secretary (or
their designee) of the City of La Porte, Texas and a treasurer who shall be the Finance Director
(or their designee) of the City of La Porte, Texas.
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Terms of Officers
4.02. The officers of the Corporation shall serve as long as they are employed by the City of
La Porte, Texas.
Removal of Officers
4.03. Any officer may be removed by the City Council of the City of La Porte, Texas at any
time, with or without good cause.
Vacancies
4.04. A vacancy in any office may be filled by the City Council of the City of La Porte, Texas
for the unexpired portion of the officer's term.
Secretary
4.05. The Secretary shall:
. Give all notices as provided in the bylaws or as required by law.
. Take minutes of the meetings of the Board of Directors and keep the minutes as part of the
corporate records.
. Maintain custody of the corporate records, authenticate corporate documents and affix the
seal of the Corporation as required.
. Keep a register of the mailing address of each director and officer of the Corporation.
. Perform duties as assigned by the president or Board of Directors.
. Perform all duties incident to the office of secretary.
Treasurer
4.06. The treasurer shall:
. Have charge and custody of and be responsible for all funds and securities of the
Corporation. .
. Receive and give receipts for moneys due and payable to the Corporation from any source.
. Deposit all moneys in the name of the Corporation in banks, trust companies, or other
depositories as provided by these bylaws. .
. Write checks and disburse funds to discharge obligations of the Corporation.
. Maintain the financial books and records of the Corporation.
. Prepare financial reports at least annually.
. Perform other duties as assigned by the Board of Directors.
. Prepare an annual budget.
. Perform all duties incident to the office of treasurer.
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. Compensation of Officers
4.07. The officers shall not receive any salary or compensation for their services. Officers
may be reimbursed for their actual expenses incurred in the performance of their duties. Travel
expenses shall be reimbursed under the City's travel policy.
ARTICLE V
TRANSACTIONS OF THE CORPORATION
Contracts
5.01. The Board of Directors may authorize any officer or agent of the Corporation to enter
into a contract or execute and deliver any instrument in the name of or on behalf of the
Corporation. This authority may be limited to a specific contract or instrument or it may extend
to any number and type of possible contracts and instruments.
Depository Bank
5.02. All funds of the Corporation shall be deposited with the City's depository bank.
Potential Conflicts of Interest
5.03. The members of the Board of Directors are local public officials within the meaning of
Texas Local Government Code Chapter 171. If a director has a substantial interest in a
business entity or real property which is the subject of deliberation by the Board of Directors.
the director shall file an affidavit with the secretary of the Corporation stating the nature and
extent of the interest. Such affidavit shall be filed prior to any vote or decision upon the matter
by the Board of Directors, and the interested director shall abstain from any vote or decision
upon the matter.
Council Approval
5.04. The Board of Directors shall obtain prior City Council approval of all real estate
acquisitions, real estate leases for over one year and or any long-term leases; contracts,
expenditures; or debts over $15,000.00; and bond issues or other debt extending beyond one
year. The Board of Directors shall have the authority to enter into all other budgeted
transactions without prior City Council approval. Amendments to the budget must be approved
by the City Council.
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ARTICLE VI
BOOKS AND RECORDS
Required Books and Records;
6.01. The Corporation shall maintain:
. Correct and complete books and records of account.
. The Corporation's books and records shall include a file endorsed copy of all documents
filed with the Texas Secretary of State relating to the Corporation, including, but not limited
to, the Articles of Incorporation, any articles of amendment, restated articles, articles of
merger, articles of consolidation, and statement of change of registered office or agent.
. A copy of the bylaws and any amended versions or amendments to the bylaws.
. Minutes of the proceedings of the Board of Directors.
. A list of names and addresses of the directors and officers of the Corporation.
. A financial statement showing the assets, liabilities, and net worth of the Corporation at the
end of the three most recent fiscal years.
. A financial statement showing the income and expenses of the Corporation for the three
most recent fiscal years.
. All rulings, letters, and other documents relating to the Corporation's federal. state and local
tax status.
. The Corporation's federal, state and local information or income tax returns for each of the
Corporation's three most recent tax years.
. Annual budget which is approved by City Council.
Records Open to Public
6.02. The Corporation shall be considered a "governmental body" within the meaning of the
Texas Government Code, Sec. 552.003 and all records of the Corporation shall be made
. available to the public for inspection or reproduction in accordance with the requirements of the
Texas Government Code, Chapter 552 (The Texas open Records Act).
Audits
6.03. The Corporation's books are required to be audited by the City's independent auditor on
an annual basis. Cost of the audit will be paid by the Corporation.
ARTICLE VII
PERSONNEL
.
7.01. Any full-time or part-time personnel positions that the Corporation may establish will be
subject to the personnel policies of the City. The City Manager has full authority in personnel
matters.
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ARTICLE VIII
AMENDMENTS TO BYLAWS
8.01. The bylaws may be altered, amended, or repealed by the affirmative vote of four or
more members of the Board of Directors with the consent of the City Council of the City of La
Porte, Texas or shall be altered, amended or repealed at the direction of the City Council of the
City of La Porte.
ARTICLE IX
MISCELLANEOUS PROVISIONS
Legal Authorities Governing Construction of Bylaws
9.01. The bylaws shall be construed in accordance with the laws of the State of Texas. All
references in the bylaws to statutes, regulations, or other sources of legal authority shall refer to
the authorities cited, or their successors, as they may be amended from time to time. It is
expressly provided that the provisions of the Development Corporation Act of 1979 applicable to .
corporations governed under Section 4B of that Act are incorporated within these bylaws by
reference. In the event of any conflict between the applicable provisions of such Act and these
bylaws, then the applicable provisions of such Act shall control.
Legal Construction
9.02. If any bylaw provision is held to be invalid, illegal or unenforceable in any respect, the
invalidity, illegality or unenforceability shall not affect any other provision and the bylaws shall
be construed as if the invalid, illegal, or unenforceable provision had not been included in the
bylaws.
Headings
9.03. The headings used in the bylaws are used for convenience and shall not be considered
in construing the terms of the bylaws.
Seal
9.04. The Board of Directors shall provide for a corporate seal. Such seal would consist of
two concentric circles containing the words "City of La Porte Development Corporation", and
''Texas'' in one circle and the "incorporated" together with the date of incorporation of the
Corporation in the other circle.
Parties Bound
9.05. The bylaws shall be binding upon and inure to the benefit of the directors, officers and
agents of the Corporation and their respective heirs, executors, administrators, legal
representatives, successors and assigns except as otherwise provided in the bylaws.
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Fiscal Year
9.06. The fiscal year of the Corporation shall begin on the first day of October of each year
~nd end on the last day of September of the following year.
Effective Date
9.07. These bylaws, and any subsequent amendments hereto, shall be effective of and from
the date upon which approval has been given both by the Board of Directors and the City
Council of the City of La Porte, Texas.
.1999
CERTIFICATE OF SECRETARY
I certify that I am the duly elected and acting secretary of the CITY Ot:= LA PORTE
DEVELOPMENT CORPORATION, and the foregoing Bylaws constitute the Bylaws of the
Corp9r'!tion. These. Bylaws were duly adopted at a meeting of the Board of Directors held on
the b'f- day of ~6.Q ., ,1999, and approved and ratified by the City Council of the
City of La Porte, Texas, at a meeting held on the ~ay of :1"C,,(.lu ,1999.
I .
Signed this b#- day of (()GJvA-t(
,1999.
~t1H/J1L f/Jidk
Secretary of the Corporation
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Exhibit B
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City of La Porte
Bond Maturity Schedule
Certificate of Obligation Bonds, Potential Series 2000
Dated 2/15/00 - 4.4% to 6.3% Varied Interest
Fiscal Principal Interest Interest Total Debt
Year February 15 Rate Total Requirements
2000 173,875.00 173,875.00
2001 325,000.00 4.40 340.600.00 665,600.00
2002 325,000.00 4.50 326,138.00 651,138.00
2003 325,000.00 4.60 311,350.00 636,350.00
2004 325,000.00 4.70 296,238.00 621,238.00
2005 325,000.00 4.80 280,800.00 605,800.00
2006 325,000.00 4.90 265,038.00 590,038.00
2007 325,000.00 5.00 248,950.00 573,950.00
2008 325,000.00 5.10 232,538.00 557,538.00
2009 325,000.00 5.20 .215,800.00 540,800.00
~010 325,000.00 5.30 198,738.00 523,738.00
2011 325,000.00 5.40 181,350.00 506,350.00
2012 325,000.00 5.50 163,638.00 488,638.00
2013 325,000.00 5.60 145,600.00 470,600.00
2014 325,000.00 5.70 127,238.00 452,238.00
2015 325,000.00 5.80 108,550.00 433,550.00
2016 325,000.00 5.90 89,538.00 414,538.00
2017 325,000.00 6.00 70.200.00 395,200.00
2018 325,000.00 6.10 50,538.00 375,538.00
2019 325,000.00 6.20 30,550.00 355,550.00
2020 325,000.00 6.30 10,238.00 335,238.00
Total 6.500,000.00 3,867,505.00 10,367,505.00
These proposed bonds are expected to be sold to support Capital Projects being funded by
proceeds from the Section 4B 1/2 Cent Sales Tax that was approved by the voters 1/16/99.
The first two projects expected to be completed are the Community Library and the extension
of Bay Area Boulevard.
(1
City of La Porte, Texas
Long Range Projection for the La Porte Development Corporation
Section 48 1/2 Cent Sales Tax
Projected
2007-08
Projected
2006-07
Projected
2005-06
Projected
2004-05
Projected
2003-04
Projected
2002-03
Projected
2001-02
Projected
2000-01
Projected
1999-00
Estimated
1998-99
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Beg Working Capital Balance
e
429,170
1,096,563
13,042
1.109,605
381,711
1,069,817
10,468
1,080,285
389,715
1,043,724
9,310
1,053,034
450,617
1,018,267
9,505
1,027,773
561,933
993,432
10,991
1,004,422
721,250
969,202
13,706
982,907
926,234
945,563
17,591
963,154
785,493
922,500
22,591
945,091
45,210
900,000
19,158
919,158
50,000
210
50,210
Plus Revenues:
Sales Tax
Interest.
Total Revenue
5,000
557,538
441,500
1,004,038
5,000
573,950
453,875
1,032,825
5,000
590,038
466,000
1,061,038
5,000
605,800
477,875
1,088,675
5,000
621,238
489,500
115,738
5,000
636,350
500,875
1.142,225
5,000
651,138
512,000
1.168,138
5,000
665,600
133,750
804,350
5,000
173,875
o
178,875
5,000
o
o
5,000
Less Expenses:
Operations
$6.5 issue In 99-00
$5 issue in 00-01
Total Expenses
1
785.493
45,210
Ending Balance
e
534,737
429,170
381,711
389,715
450,617
561,933
721,250
926,234
Assumptions:
Annual growth of the 1/2 cent Sales Tax will be at 2.5% per year.
Interest will be earned at 5% on average balance .
A debt issue of $6.5 million will occur in February 2000
A debt issue of $5 million will occur in February 2001
will be about 2010 before another debt issue could be supported.
it
If these assumptions hold true,
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Long Range Projection for the La Porte Development Corporation
Section 48 1/2 Cent Sales Tax
Projected
2007-08
Projected
2006-07
Projected
2005-Q6
Projected
2004-05
Projected
2003-04
Projected
2002-03
Projected
2001-02
Projected
2000-01
Projected
1999-00
Estimated
1998-99
45,210
o
Beg Working Capital Balance
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440,864
1,096,563
24,372
1.120,935
939,244
1,069,817
10.753
1,080,570
467,650
1,043.724
22,908
1,066,632
48,n6
1,018,267
11,406
1,029,673
680,393
993,432
1,190
994,621
335,947
969,202
16,595
985,797
38,328
945,563
8,194
953.756
785,493
922,500
935
923,435
900,000
19.158
919.158
50,000
210
50,210
Plus Revenues:
Sales Tax
Interest
Total Revenue
5,000
557,538
o
562.538
5,000
573.950
1,000,000
1,578.950
5.000
590,038
o
595,038
5,000
605,800
o
610,800
5.000
621,238
1,000,000
1,626,238
5,000
636,350
o
641,350'
5.000
651.138
o
656,138
5,000
665,600
1.000.000
1.670.600
5,000
173,875
o
178.875
5,000
o
o
5.000
Less Expenses:
Operations
$6.5 issue in 99-00
Pay as you go Method
Total Debt
785.493
45,210
Ending Balance
e
999,261
440,864
939.244
467,650
48,n6
680,393
335,947
38,328
Assumptions:
Annual growth of the 1/2 cent Sales Tax will be at 2.5% per year.
Interest will be earned at 5% on average balance
A debt issue of $6.5 million will occur in February 2000
About $1 million In projects will be done every three years.
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Exhibit C
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRIl40NT PARKWAY
P.O. BOX 121B
LA PORTE. TEXAS 77572-1218
KNOlC W. ASKINS TELEPHONE 281 47'-1888
,JOHN D. ARMSTRONG TELECOPIER 281 471-2047
CHARLES R. HUBER. ,JR.
BOARD CCRTI,.'CD . CIVIL TRIAl. LAW
TCXAS 80ARD 0,. LCGAI. SPCCIALIZATION
Auqust 5, 1999
Mr. Jeff Litchfield
Assistant City Manager
IDirector of Finance
City of La Porte
City Hall
La Porte, Texas
Re: City of La Porte Development corporation
Charter Number 01544301-01
Dear Jeff:
I enclose for your files, original of Certificate of Incorporation
issued July 28, 1999, to City of La Porte Development Corporation.
You should obtain a federal taxpayer identification number for this
Texas non-profit corporation.
I also enclose filing fee check, which was returned by the
Secretary of State. Apparently, ~e filing fee is waived on this
type of corporation.
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
REceIVED
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ASS7. CITY MGRJF'NANC~!
AUG 0 9 1999
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SCI1-'~l f)y) .
cmlrt ~tm nf ijItxas
~t.er!Ut~ af ~hde
JJi-Y za, 1999
K~'O'( \II 4S I( pJS
7QZ ft F~i~M~N! ~~wy
LA ~u~rE ,IX
j\i;':
CtTY ~f L~ PJPTE DEV~LOP~ENT co~~a~!TrJN
c~~~r~~ NUM3~D OL~~4301-01
IT HAS q~cN ~U~ PL~ASU~~ TO ~PP~UVE A~U ~L~C~ ~~ RECO~D TH~ A~TtCLES
LF INr.u~pryKArIQ~ T1~T c~~~r~u ()J~ Cu~~a~ArJO~. WE EXT;N~ ou~ B~sr
~r~Yt~ caR SJC~E~~ TN faJ~ ~cw Y~~TU~~.
A) A CuoPJ~~rTJN. fOu ~QE suaJ=:r Tn ST~T; TAX LAWS. SOME Nu~-PR~FtT
CDRoJqATl~N~ ~R~ ~~~~?r F~O~ THe P~YM~~T OF FRA~CH!~~ TAXES A~U MAt
AL5~ ~~ ~~c~pT F~QM TH~ p~Y~~~r Oc SAL~S !NO USE TAX ON T~E PU~CHASE
u~ TA~~8~E tfCM~. IF rJU F~~L TrlAT U~~fi THE LA~ tOUR CORPOi~TIJN IS
c~rTTL~O Tu ~c ~A~nPi t~u MU~T ~~P~Y TJ THi CO"PTRDLLER OF PJ~LtC ~C-
~Dv~T5 FUP. :N~ ~~~"prIJ~. Trl~ ~;C~~TAkY OF STATe CANNUT MAKe SUCH
D~TcR~l~~TlryM FO~ YOuR CO~?~~Ar!O~.
IF ~~ CA~ u~ O~ FU~THf~ S~RVIC~ AT 4NY T1M~, PLEASE LET US KN)~.
VE~~
Elton Bomer, Secretary of State
,22.
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~lf! ~tate of ij!~a:s
~~ nf~tah
CE~rIFIC4T~ OF INCU~PO~~TIO~
r)F
CITt OF LA ?JRTc uEiSLOP~cNT CORPORATION
C~A~iE~ NUMB~~ 01544301
TI1r; !Ji;DC:~')!\;fNi:I), AS SECK.Er~KY OF STJ4Tc OF TliE STATE OF TEAAS,
hE~=dY C;Rr!Fr=~ THAr Ao.ITlr.~F.~ JF tNco~pnR~TION FuR ThE AaOV~
CO~PQ~~TlryN JULY 5rG~ED AND iE~IFI~D ?URSUANT TO TrlE PROVISIONS OF
THe U~V~LryP~~~T ~Q{PuR~TION 4CT UF t97~, HAV~ d~~~ ~cCcIYEu l~ Trlts
OCFIC~ ~NO 4~~ FuU~O Tu C~NF~R~ TO LAW.
ACCuRuT~~~Y irt~ u~nc~S!~Nc', A5 SJCH S~'~~TA~t OF STATE, AND ay
~t~TU~ ~F TH~ AUTHJRITY V;)Tao TN T~~ S~~R~TA~1 ~Y LAW, HER~6' ISSUES
THIS CEQrlFrC!T~ OF IN'ORPOR~Tt~N AN~ ~TT~CHE5 HER~T~ A COpy JF TH5
-
ARTI~l~S OF I~~QKPJRATla~.
[/,4 r~1J JilL Y 22, 19"~
~~
Elton Bomer, Secretary of State
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Wqc ~fafc of Wcxas
SECRET AR Y OF STATE
CERTIFICATE OF INCORPORATION
OF
CITY OF LA PORTE DEVELOP:MENT CORPORATION
CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Texas, hereby certifies that Articles of
Incorporation for the above corporation, duly signed pursuant to the provisions of the
Development Corporation Act of 1979, have been received in this office and are found to
conform to law.
ACCORDINGLY, the undersigned, as such Secretary of State, and by virtue of the
authority vested in the Secretary by law, hereby issues this Certificate of Incorporation and
attaches hereto a copy of the Articles of Incorporation.
Dated: July 28, 1999
8M
Secretary of Slate
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W4~ ~faf~ of W~xaz
SECRETARY OF STATE
CERTIFICATE OF INCORPORATION
OF
CITY OF LA PORTE DEVELOPMENT CORPORATION
CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Texas, hereby certifies that the attached Articles
of Incorporation for the above named corporation have been received in this office and are
found to conform to law.
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority
vested in the Secretary by law, hereby issues this Certificate of Incorporation.
Issuance of this Certificate of Incorporation does not authorize the use of a corporate name
in this state in violation of the rights of another under the federal Trademark Act of 1946,
the Texas trademark law, the Assumed Business or Professional Name Act, or the common
law.
Dated:
Effective:
July 22, 1999
July 22, 1999
~..t::.~ ~
Secretary of SliIU
SM
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tUlIt ~tatt of tUtxas
SECRET AR Y OF STATE
CERTIFICATE OF INCORPORATION
OF
CITY OF LA PORTE DEVELOPMENT CORPORATION
. CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Texas, hereby certifies that the attached Articles
of Incorporation for the above named corporation have been received in this office and are
found to conform to law.
ACCORDINGLY, the undersigned; as Secretary of State, . and by virtue of the authority
vested in the Secretary by law, hereby issues this Certificate of Incorporation.
Issuance of this Certificate of Incorporation does not authorize the use of a corporate mime
in this state in violation of the rights of another under the federal Trademark Act of 1946,
the Texas trademark law, the Assumed Business or Professional Name Act, or the common
law.
Dated:
Effective:
July 22, 1999
July 22, 1999
~/~
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Secretary 0/ Slam
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Exhibit D
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City of La Porte Development Corporation
P.O. Box 1115, La Porte, Texas 77572
October 7. 1999
Bryant K. Lomax, Manager
Texas Comptroller of Public Accounts
Exemptions Organizations Section
PO Box 13528
Austin, Texas 78711-3528
Dear Mr. Lomax:
The City of La Porte Development Corporation is a nonprofit corporation organized
under the Development Corporation Act of 1979 (Article 5190.6, VTCS) and as such, is
requesting a franchise tax exemption. Our charter number is 01544301.
Please notify me if you have any questions or need any additional information.
Sincerely,
Jeff Litchfield
Treasurer
2.9
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TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
AUSTIN, TexAS 78774-0100
August 31, 1999
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CITY OF LA PORTE DEVELOPMENT CORPORATION .
604 W FAIRMONT PKWY
LA PORTE, TX 77571
Dear Corporate Agent:
The Texas Secretary of State has notified the Comptroller that you are the
registered agent for a newly established nonprofit corporation in Texas. As the
manager of the Tax Policy Division, I want to take this opportunity to provide some
information about the Texas franchise tax as it. applies to nonprofit corporations.
Franchise tax is a tax on all corporations chartered or doing business in Texas.
Certain nonprofit corporations may qualify for.an exemption, but the law requires
the corporation to apply for .the exemption. Under the law, your corporation has 15
months from its charter or doing-business date to establish its exemption. I've
enclosed Franchise Tax RUle 3.541 and our pUblication entitled Subchapter B.
Exemptions.
To request a franchise tax exemption because your corporation has obtained an
exemption from the Internal Revenue Service (IRS) under Internal Revenue Code
Sections 50l(c) (2) through (8), (10), (16), (19), or (25), all you need to do is
send us a letter requesting a franchise. tax exemption and a copy of the letter your
corporation received from the IRS gran~ing ehe federal exemption. The IRS deter-
mination letter will specify the section of the code under.whiCh the federal
exemption was granted.
If you feel your corporation may qualify for franchise tax exemption, but obtaining
a federal exemption does not apply to your corporation, send us your written
request for tranchise tax exemption and include the following:
· the Subchapter B section un~er which your corporation is exempt;
· copies of the Articles of Incorporation and other governing documents including
any bylaws;
· any published information regarding the activities of the organization;
· a detailed description of the organization's activities including a two-year
bUdget; and
· a daytime telephone number and the name of a contact person.
Franchise tax exemp~ion requests should be sent to the Comptroller of Public
Accounts, Exempt Organizations Section, Post Office Box 13528, Austin, Texas
78711-3528. If you need further information, please call our Tax Assistance
Section toll free at.1-800-252-l38l.
Enclosures
Farm OHM (R1IV.7~1
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Exhibit E
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JEFF LITCHFIELD, CPA
914 Hollow Tree .fA Porte, Texas 77571 . (281) 470-6475
SUMMARY
Over twenty years experience in a municipal environment with emphasis in management and significant exposure
to financial operations. Substantial interaction with elected officials, contractors, community leaders and the
general public.
Experience
CJTY OF LA PoRTE, TExAs
Assistant City Manager, April 1995 to Present
Director of Finance, November 1987 to Present
As Assistant City Manager, my responsibility includes the City's financial operations as well as management
guidance for several disciplines, including Parks and Recreation, Golf Course, City Secretary and A~trative
Services (Human Resources, Purchasing and Management Information Services). Total staff under my direction
is 152.
Recent accomplishments include changing platforms for the City's Financial and Administrative Computer
Applications. I was charged with all aspects of the process, from preparing the request for proposal to final
acceptance of the completed project. A re-codification of the City's Ordinances has provided efficient information
dispersal resulting in increased compliance with municipal laws. In 1998, the City received rating increases in
three of four categories from Moody's and Standard and Poor's.
As Director of Finance, I am responsible for the full spectrum of the City's financial operations. Our City has a
population of 33,000 with a total budget of 43 million dollars. Since 1994, La Porte has provided tax billing and
collecting services, (annual collections of 61 million dollars), to our local school district and two neighboring
cities.
Capital projects completed during my tenure with the City total 39 million dollars and include a golf course, wave
pool, recreation and fitness center, fire training facility and various street, water and sanitary sewer improvements.
The City has received the Certificate of Achievement Award for its Comprehensive Annual Financial Report and
the Distinguished Budget Award for its annual budget, both conferred by the Government Finance Officers
Association. Financial projects accomplished include loog range plans for the Utility and Debt Service Funds, and
creation of a Computer Maintenance and Replacement Fund. Formal policy documents prepared include: Capital
Improvements Program; Investments; Financial Management; Fixed Assets and Motor Pool operations.
CITY OF UNIVERSITY PARK, TExAs
Assistant Fuumce Director, March 1986 to November 1987
As Assistant Finance Director, my duties included the areas of accounting, budgeting, tax, data processing,
municipal court and utility office operations. I was responsible for assuring our operation complied with
professional standards and providing information to City decision makers.
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CITY OF DALLAS, TExAs
EDP Audi10r, Office of the Ciry Audi10r, March 198210 March 1986
As an internal auditor, I was involved with the audit of all aspects of municipal ~tions and perfonned both fmandal
and operational reviews. My responsibilities included: auditing of accoUDting and financial data to determine its
reliability and compliance with generally accepted accounting principals and administrative policies; preparing statistical
sampling programs and interpreting the obtained results; and, performing investigative reviews in search of fraud and
abuse. In addition, I bad extensive exposure to automated environments and utilized micro and main frame computers
as audit tools with emphasis on increasing reliability while decreasing audit costs.
CITY OF LUBBOCK, TExAs
Water Prothu:1ion, Public Worla, July 1978 10 May 1981
S1aff Accoun1ant, Finance Department, May 1981 to March 1982
I began my municipal career as a water production employee on the midnight shift while I attended school during the
day. Upon graduation, I was transferred to the Accounting Division, where I worked as a staff accountant until moving
to Dallas.
EDUCATION
TExAs TECH UNIVERSITY
Bachelor of Business Administration, Accounting, 1981
CERTIFICATIONS
CERTIFIED PUBuc ACCOUNTANT, Texas, 1983
CERTIFIED GoVERNMENT FiNANCE OFFICER, 1991
PuBUCATIONS
"A COMPUTER MAINTENANCE AND REPLACEMENT FuND", Government Finance Review, Volume 10, Number 6,
December 1994, pages 40-41
MEMBERSHIPS AND PARTICIPATIONS
Past-President, Government Finance Officers Association 'of Texas
Member, Government Finance Officers Association
Board Member, Certification Council, Government Finance Officers Association
Committee Member, TML Select Review Committee to Study Municipal Coon Fines
Member, Texas City Managers Association
Past-President, Gulf Coast Chapter of the Government Finance Officers Association
Board Member and Treasurer, Du Pont La Pone Federal Credit Union
Member, Rotary International
ADDITIONAL COMMENTS
Employment in small and large organizations and communications with blue collar workers as well as educated
professionals has shaped my personality and provided intuitive communication skills. Self satisfaction is obtained
through a productive work force. Honesty and fairness are two of my strongest traits and are ones I look for in others.
Married with two children, hobbies include golf, backpacking, wood working, running and auto restoration.
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