HomeMy WebLinkAboutO-2008-3068 Assessments against Section One properties within the City of La Porte Lakes at Fairmont Greens
ORDINANCE NO. 2008- 3~ r
AN ORDINANCE OF THE CITY COUNCIL OF LA PORTE, TEXAS, LEVYING AN
ASSESSMENT AGAINST SECTION ONE PROPERTIES WITIllN THE CITY OF LA
PORTE LAKES AT FAIRMONT GREENS PUBLIC IMPROVEMENT DISTRICT;
CREATING A FIRST AND PRIOR LIEN SECURING PAYMENT OF THE
ASSESSMENTS LEVIED; MAKING CERTAIN FINDINGS RELATED THERETO;
FINDING COMPLAINCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of La Porte (the "City") is authorized pursuant toTEX. LOCAL GOV'T
CODE, ch. 372, as amended ("Chapter 372") to create public improvement districts for the purposes
described therein, and to levy and collect an assessment in furtherance of the purposes thereof; and
WHEREAS, the City has created City of La Porte Lakes at Fairmont Greens Public
Improvement District (the "PID"), adopted a Service and Assessment Plan (the "Plan") for the PID,
all in accordance with the applicable provisions of Chapter 372; and
WHEREAS; the City Council filed a proposed assessment roll with the City secretary which
roll was available for public inspection, and following notice thereof by mail and publication as
required by Chapter 372, the City Council held a public hearing at which written or oral objections
to the proposed assessments were considered and passed on by the City Council; and
WHEREAS, the City Council has determined that the levy of a special assessment for and on
behalf of the Pill is necessary and advisable, and that the proposed assessment roll apportions the
cost of the subject improvements in the Pill on the basis of special benefits accruing to the property
because of the improvement, NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, that:
Section 1.
The facts recited in the preamble hereto are found to be true and correct.
Section 2. The assessment roll attached hereto is hereby approved and the special
assessments described therein are hereby levied on the subject property in accordance with the
terms of the Plan, which Plan determines, inter alia, the method of payment of the assessments, and
makes provision for the payment thereof in periodic installments, interest thereon and the collection
thereof. The Mayor, City Secretary and any other appropriate officials of the City are hereby
authorized to take all necessary actions on behalf of the City to implement the terms thereof in
accordance therewith.
Section 3. . There is hereby created a first and prior lien securing payment of the
assessment levied, effective as of the date of this Ordinance as provided in the Plan and Chapter
372.
LFG _Section One_Pill _ Assessment Ordinance (3).DOC
1
Section 4. It is hereby found, determined and declared that a sufficient written notice of
the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code, and that
this meeting has been open to the public as required by law at all times during which this
Ordinance and the subject matter thereof has been discussed, considered and formally acted upon.
City Council further ratifies, approves and confirms such written notice and the contents and
posting thereof.
Section 5. This Ordinance shall be effective upon its passage and approval.
PASSED AND APPROVED this the I rf- day O~~008.
J:1JR~Yor
Approved as to form:
Attest:
~ :r;td~ ,I},,/,
x Askins, city Attorney /
~~I$
Mar a Gillett, City Secretary
LFG _Section One _PID _ Assessment Ordinance (3).DOC
2
Lakes At Fairmont Greens Public Improvement District
Section One Assessment Roll
City of La Porte, Harris County, Texas
Capital Assessment Supplemental Services Annual Payment Total
Total Financed Annual Financed Annual
Lot Area Assessment Total Assessment Assessment Assessment Assessment Payment
Owner Block # Lot It (,.f.) Rat, Assessment Rate Installment Term For Supplemental Services Capital Assessment Supplemental Services Total
65 La Porte, Ltd. 2 1 9588 $ 0.5273 $ 5,055.49 $ 0.0616 $ 590.59 15 years $ 300.00 $ 590.59 $ 300.00 $ 890.59
65 La Porte, Ltd. 2 2 7800 $ 0.5273 $ 4,112.94 $ 0.0616 $ 480.48 15 years $ 300.00 $ 480.48 $ 300.00 $ 780.48
65 La Porte, Ltd. 2 3 7800 $ 0.5273 $ 4,112.94 $ 0.0616 $ 480.48 15 years $ 300.00 $ 480.48 $ 300.00 $ 780.48
65 La Porte, Ltd. 2 4 7800 $ 0.5273 $ 4,112.94 $ 0.0616 $ 480.48 15 years $ 300.00 $ 480.48 $ 300.00 $ 780.48
65 La Porte, Ltd. 2 5 7799 $ 0.5273 $ 4,112.62 $ 0.0616 $ 480.44 15 years $ 300.00 $ 480.44 $ 300.00 $ 780.44
65 La Porte, Ltd. 2 6 7792 $ 0.5273 $ 4,108.85 $ 0.0616 $ 480.00 15 years $ 300.00 $ 480.00 $ 300.00 $ 780.00
65 La Porte, Ltd. 2 7 7758 $ 0.5273 $ 4,090.% $ 0.0616 $ 477.91 15 years $ 300.00 $ 477.91 $ 300.00 $ m.91
65 La Porte, Ltd. 2 8 7689 $ 0.5273 $ 4,054.49 $ 0.0616 $ 473.65 15 years $ 300.00 $ 473.65 $ 300.00 $ m.65
65 La Porte, Ltd. 2 9 7620 $ 0.5273 $ 4,017.89 $ 0.0616 $ 469.38 15 years $ 300.00 $ 469.38 $ 300.00 $ 769.38
65 La Porte, Ltd. 2 10 7550 $ 0.5273 $ 3,981.30 $ 0.0616 $ 465.10 15 years $ 300.00 $ 465.10 $ 300.00 $ 765.10
65 La Porte, Ltd. 2 11 7481 $ 0.5273 $ 3,944.70 $ 0.0616 $ 460.83 15 years $ 300.00 $ 460.83 $ 300.00 $ 760.83
65 La Porte, Ltd. 2 12 7436 $ 0.5273 $ 3,920.75 $ 0.0616 $ 458.03 15 years $ 300.00 $ 458.03 $ 300.00 $ 758.03
65 La Porte, Ltd. 2 13 6B46 $ 0.5273 $ 3,609.94 $ 0.0616 $ 421.72 15 years $ 300.00 $ 421.72 $ 300.00 $ 721.72
65 La Porte, Ltd. 2 14 B064 $ 0.5273 $ 4,252.28 $ 0.0616 $ 4%.76 15 years $ 300.00 $ 496.76 $ 300.00 $ 7%.76
65 La Porte, Ltd. 2 15 7868 $ 0.5273 $ 4,148.66 $ 0.0616 $ 484.65 15 years $ 300.00 $ 484.65 $ 300.00 $ 784.65
65 La Porte, Ltd. 2 16 7989 $ 0.5273 $ 4,212.47 $ 0.0616 $ 492.11 15 years $ 300.00 $ 492.11 $ 300.00 $ 792.11
65 La Porte, Ltd. 2 17 6559 $ 0.5273 $ 3,458.62 $ 0.0616 $ 404.04 15 years $ 300.00 $ 404.04 $ 300.00 $ 704.04
65 La Porte, Ltd. 2 18 8557 $ 0.5273 $ 4,511.89 $ 0.0616 $ 527.09 15 years $ 300.00 $ 527.09 $ 300.00 $ 827.09
65 La Porte, Ltd. 2 19 6626 $ 0.5273 $ 3,494.11 $ 0.0616 $ 408.19 15 years $ 300.00 $ 408.19 $ 300.00 $ 708.19
65 La Porte, Ltd. 2 20 6676 $ 0.5273 $ 3,520.29 $ 0.0616 $ 411.25 15 years $ 300.00 $ 411.25 $ 300.00 $ 711.25
65 La Porte, Ltd. 2 21 6024 $ 0.5273 $ 3,176.59 $ 0.0616 $ 371.09 15 years $ 300.00 $ 371.09 $ 300.00 $ 671.09
65 La Porte, Ltd. 2 22 6161 $ 0.5273 $ 3,248.57 $ 0.0616 $ 379.50 15 years $ 300.00 $ 379.50 $ 300.00 $ 679.50
65 La Porte, Ltd. 2 23 6380 $ 0.5273 $ 3,364.02 $ 0.0616 $ 392.99 15 years $ 300.00 $ 392.99 $ 300.00 $ 692.99
65 La Porte, Ltd. 2 24 6250 $ 0.5273 $ 3,295.86 $ 0.0616 $ 385.03 15 years $ 300.00 $ 385.03 $ 300.00 $ 685.03
65 La Porle, Ltd. 2 25 6720 $ 0.5273 $ 3,543.46 $ 0.0616 $ 413.95 15 years $ 300.00 $ 413.95 $ 300.00 $ 713.95
65 La Porte, Ltd. 2 26 6670 $ 0.5273 $ 3,517.28 $ 0.0616 $ 410.89 15 years $ 300.00 $ 410.89 $ 300.00 $ 710.89
65 La Porte, Ltd. 2 27 6670 $ 0.5273 $ 3,517.28 $ 0.0616 $ 410.89 15 years $ 300.00 $ 410.89 $ 300.00 $ 710.89
65 La Porte, Ltd. 2 28 6720 $ 0.5273 $ 3,543.46 $ 0.0616 $ 413.95 15 years $ 300.00 $ 413.95 $ 300.00 $ 713.95
65 La Porte, Ltd. 2 29 6209 $ 0.5273 $ 3,273.75 $ 0.0616 $ 382.44 15 years $ 300.00 $ 382.44 $ 300.00 $ 682.44
65 La Porte, Ltd. 2 30 6720 $ 0.5273 $ 3,543.36 $ 0.0616 $ 413.94 15 years $ 300.00 $ 413.94 $ 300.00 $ 713.94
65 La Porte, Ltd. 2 31 7090 $ 0.5273 $ 3,738.54 $ 0.0616 $ 436.74 15 years $ 300.00 $ 436.74 $ 300.00 $ 736.74
65 La Porte, Ltd. 2 32 6404 $ 0.5273 $ 3,376.60 $ 0.0616 $ 394.46 15 years $ 300.00 $ 394.46 $ 300.00 $ 694.46
65 La Porte, Ltd. 2 33 6720 $ 0.5273 $ 3,543.46 $ 0.0616 $ 413.95 15 years $ 300.00 $ 413.95 $ 300.00 $ 713.95
65 La Porte, Ltd. 2 34 6670 $ 0.5273 $ 3,517.28 $ 0.0616 $ 410.89 15 years $ 300.00 $ 410.89 $ 300.00 $ 710.89
65 La Porte, Ltd. 2 35 6670 $ 0.5273 $ 3,517.28 $ 0.0616 $ 410.89 15 years $ 300.00 $ 410.89 $ 300.00 $ 710.89
65 La Porte, Ltd. 2 36 6720 $ 0.5273 $ 3,543.46 $ 0.0616 $ 413.95 15 years $ 300.00 $ 413.95 $ 300.00 $ 713.95
65 La Porte, Ltd. 2 37 6548 $ 0.5273 $ 3,452.80 $ 0.0616 $ 403.36 15 years $ 300.00 $ 403.36 $ 300.00 $ 703.36
65 La Porte, Ltd. 2 38 76% $ 0.5273 $ 4,057.92 $ 0.0616 $ 474.05 15 years $ 300.00 $ 474.05 $ 300.00 $ 774.05
65 La Porte, Ltd. 2 39 7617 $ 0.5273 $ 4,016.30 $ 0.0616 $ 469.19 15 years $ 300.00 $ 469.19 $ 300.00 $ 769.19
65 La Porte, Ltd. 2 40 6675 $ 0.5273 $ 3,519.62 $ 0.0616 $ 411.17 15 years $ 300.00 $ 411.17 $ 300.00 $ 711.17
65 La Porte, Ltd. 2 41 6900 $ 0.5273 $ 3,638.37 $ 0.0616 $ 425.04 15 years $ 300.00 $ 425.04 $ 300.00 $ 725.04
65 La Porle, Ltd. 2 42 6900 $ 0.5273 $ 3,638.37 $ 0.0616 $ 425.04 15 years $ 300.00 $ 425.04 $ 300.00 $ 725.04
65 la Porte, Ltd. 2 43 6900 $ 0.5273 $ 3,638.37 $ 0.0616 $ 425.04 15 years $ 300.00 $ 425.04 $ 300.00 $ 725.04
65 La Porte, Ltd. 2 44 6758 $ 0.5273 $ 3,.563.26 $ 0.0616 $ 416.27 15 years $ 300.00 $ 416.27 $ 300.00 $ 716.27
65 La Porte, Ltd. 2 45 6%6 $ 0.5273 $ 3,673.38 $ 0.0616 $ 429.13 15 years $ 300.00 $ 429.13 $ 300.00 $ 729.13
65 La Porte, Ltd. 2 46 8326 $ 0.5273 $ 4,390.13 $ 0.0616 $ 512.86 15 years $ 300.00 $ 512.86 $ 300.00 $ 812.86
65 La Porte, Ltd. 2 47 m5 $ 0.5273 $ 4,099.91 $ 0.0616 $ 478.96 15 years $ 300.00 $ 478.% $ 300.00 $ 778.96
65 La Porte, Ltd. 2 48 7786 $ 0.5273 $ 4,105.42 $ 0.0616 $ 479.60 15 years $ 300.00 $ 479.60 $ 300.00 $ 779.60
65 La Porte, Ltd. 2 49 8923 $ 0.5273 $ 4,705.02 $ 0.0616 $ 549.65 15 years $ 300.00 $ 549.65 $ 300.00 $ 849.65
65 La Porte, ltd. 2 50 8835 $ 0.5273 $ 4,658.67 $ 0.0616 $ 544.23 15 years $ 300.00 $ 544.23 $ 300.00 $ 844.23
65 La Porte, Ltd. 2 51 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 52 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 53 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 54 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 55 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 56 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porle, Ltd. 2 57 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 58 8338 $ 0.5273 $ 4,396.36 $ 0.0616 $ 513.59 15 years $ 300.00 $ 513.59 $ 300.00 $ 813.59
65 La Porte, Ltd. 2 59 10091 $ 0.5273 $ 5,321.14 $ 0.0616 $ 621.62 15 years $ 300.00 $ 621.62 $ 300.00 $ 921.62
65 La Porte, Ltd. 2 60 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 61 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 62 8366 $ 0.5273 $ 4,411.52 $ 0.0616 $ 515.36 15 years $ 300.00 $ 515.36 $ 300.00 $ 815.36
65 La Porte, Lid. 2 63 8366 $ 0.5273 $ 4,411.52 $ 0.0616 $ 515.36 15 years $ 300.00 $ 515.36 $ 300.00 $ 815.36
65 La Porte, Ltd. 2 64 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, ltd. 2 65 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, ltd. 2 66 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 67 8366 $ 0.5273 $ 4,411.52 $ 0.0616 $ 515.36 15 years $ 300.00 $ 515.36 $ 300.00 $ 815.36
65 La Porte, Ltd. 2 68 8366 $ 0.5273 $ 4,411.52 $ 0.0616 $ 515.36 15 years $ 300.00 $ 515.36 $ 300.00 $ 815.36
65 La Porte, Ltd. 2 69 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 70 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 71 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 72 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 73 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 74 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, Ltd. 2 75 8050 $ 0.5273 $ 4,244.77 $ 0.0616 $ 495.88 15 years $ 300.00 $ 495.88 $ 300.00 $ 795.88
65 La Porte, ltd. 2 76 8366 $ 0.5273 $ 4,411.52 $ 0.0616 $ 515.36 15 years $ 300.00 $ 515.36 $ 300.00 $ 815.36
65 La Porte, Ltd. 2 77 8308 $ 0.5273 $ 4,380.76 $ 0.0616 $ 511.77 15 years $ 300.00 $ 511.77 $ 300.00 $ 811.77
65 La Porte, Ltd. 2 78 7254 $ 0.5273 $ 3,825.29 $ 0.0616 $ 446.88 15 years $ 300.00 $ 446.88 $ 300.00 $ 746.88
65 La Porte, Ltd. 2 79 9933 $ 0.5273 $ 5,237.78 $ 0.0616 $ 611.89 15 years $ 300.00 $ 611.89 $ 300.00 $ 911.89
65 La Porte, Ltd. 2 80 8802 $ 0.5273 $ 4,641.12 $ 0.0616 $ 542.18 15 years $ 300.00 $ 542.18 $ 300.00 $ 842.18
65 La Porte, Ltd. 2 81 10543 $ 0.5273 $ 5,559.49 $ 0.0616 $ 649.47 15 years $ 300.00 $ 649.47 $ 300.00 $ 949.47
65 La Porte, Ltd. 1 1 8549 $ 0.5273 $ 4,508.04 $ 0.0616 $ 526.64 15 years $ 300.00 $ 526.64 $ 300.00 $ 826.64
65 La Porte, Ltd. 1 2 7800 $ 0.5273 $ 4,112.94 $ 0.0616 $ 480.48 15 years $ 300.00 $ 4BO.48 $ 300.00 $ 780.48
65 La Porte, Ltd. 1 3 7800 $ 0.5273 $ 4,112.94 $ 0.0616 $ 480.48 15 years $ 300.00 $ 4BO.48 $ 300.00 $ 780.48
65 La Porte, Ltd. 1 4 7800 $ 0.5273 $ 4,112.94 $ 0.0616 $ 4BO.48 15 years $ 300.00 $ 480.48 $ 300.00 $ 780.48
65 La Porle, Ltd. 1 5 7800 $ 0.5273 $ 4,112.94 $ 0.0616 $ 480.48 15 years $ 300.00 $ 4BO.48 $ 300.00 $ 780.48
65 La Porte, Ltd. 1 6 7800 $ 0.5273 $ 4,112.94 $ 0.0616 $ 4BO.48 15 years $ 300.00 $ 4BO.48 $ 300.00 $ 780.48
65 La Porte, Ltd. 1 7 7800 $ 0.5273 $ 4,112.94 $ 0.0616 $ 480.48 15 years $ 300.00 $ 4BO.48 $ 300.00 $ 780.48
65 La Porte, Ltd. 1 8 7800 $ 0.5273 $ 4,112.94 $ 0.0616 $ 480.48 15 years $ 300.00 $ 4BO.48 $ 300.00 $ 780.48
65 La Porte, Ltd. 1 9 7800 $ 0.5273 $ 4,112.94 $ 0.0616 $ 480.48 15 years $ 300.00 $ 4BO.4B $ 300.00 $ 780.48
65 La Porte, Ltd. 1 10 7800 $ 0.5273 $ 4,112.94 $ 0.0616 $ 480.48 15 years $ 300.00 $ 4BO.48 $ 300.00 $ 780.48
65 La Porte, Ltd. 1 11 9588 $ 0.5273 $ 5,055.49 $ 0.0616 $ 590.59 15 years $ 300.00 $ 590.59 $ 300.00 $ 890.59
Pagelofl
AGREEMENT BY AND BETWEEN
THE CITY OF LA PORTE, TEXAS, AND
LA PORTE REDEVELOPMENT AUTHORITY
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
KNOW ALL MEN BY THESE PRESENTS:
This agreement (the "Agreement") is made by and between the CITY OF LA PORTE,
TEXAS, a municipal corporation and a home-rule city of the State of Texas (the "City"), and the
LA PORTE REDEVELOPMENT AUTHORITY, a local government corporation created and
organized under the provisions of the Texas Tnmsportation Corporation Act, Chapter 431,
Subchapter D, Transportation Code and existing under the laws of the State of Texas (the
"Authority").
WITNESSETH:
WHEREAS, by City of La Porte Resolution No; 2007-02 the City authorized and
established the Lakes at Fairmont Greens Public Improvement District (the "Pill") under the
provisions of Chapter 372, Texas Local Government Code; and
WHEREAS, by City of La Porte Resolution. No. 2000-2457 approved on December
11 th, 2000, the City authorized the creation of the Authority pursuant to the provisions of
Subchapter D of Chapter 431, Texas Transportation Code and Chapter 394, Texas Local
Government Code to aid, assist, and act on behalf of the City in the performance of the City's
governmental functions relating to the management and administration of the PID; and
WHEREAS, it is necessary for the City to use the Assessments collected for the purpose
of carrying out and completing the services and improvements proposed in the Service Plan; and
WHEREAS, the City desires for the Authority to aid and assist the City in collecting
Assessments against benefited properties and in carrying out and completing the services and
improvements proposed in the Service Plan; and
HOU:2680299.1
WHEREAS, Chapter 372, Texas Local Government Code authorizes the City to eater
into a contract with the Authority for the purposes of providing management for and completing
and providing the services and improvements set forth in the Service Plan and otherwise
performing the functions set forth in this Agreement; and
WHEREAS, the City desires to contract with the Authority to provide these services
during the term of the Service Plan, and
WHEREAS, the Authority was created to aid and assist the City in the manner set forth
above, and the board of directors is willing to enter into a contract with the City setting forth the
duties and responsibilities of the Authority and the City;
NOW, THEREFORE, for and in consideration of the premIses and the mutual
covenants and agreements herein contained, it is agreed as follows:
I.
Definitions
"Agreement" shall mean this Agreement and all attachments, between the City and the
Authority.
"Annual Service Plan" shall mean the Services to be provided pursuant to the Service
Plan on an annual basis as set forth in the Pill's annual budget as approved by the City Council
of the City.
"Assessments" shall mean the special assessments levied by the City Council on the
property in the PID that will be benefited by the Services to pay the cost of the Services.
"Assessment Plan" or "Plan of Assessment" shall mean the plan and method the City
uses in determining how Assessments should be levied against benefited properties in the Pill in
order to pay the costs and expenses of implementing the Service Plan.
2
HOU:2680299.1
"Assessment Revenue" shall mean the Assessments, any earnings or profits realized from
investing and re-investing the Assessments, and penalties and interest on collections of the
Assessments.
"Assessment Roll" shall mean the roll or listing of benefited properties in the PID that
will be assessed for the cost of the Services to be provided by the PID in the Service Plan
including aJist of the amount assessed against each property, the description of each property,
and the owner of each property.
"Budget" shall mean an annual Budget of the Authority to be accomplished with
Assessment Revenue pursuant to the Service Plan. A Budget must be reviewed and approved by
the board of directors of the Authority and the City Council of the City.
~~Director" shall mean the Director of the City's Planning Department or its successor or
such other person designated by the Director to perform his duties hereunder.
"Pill" shall mean the Lakes at Fairmont Greens Public Improvement District created by
the City.
"Service Plan" shall mean the ongoing service plan setting forth the Services to be
provided by the Pill over a period offifteen (15) years as approved by the Council of the City.
"Services" shall mean the services and improvements to be provided by the Pill pursuant
to the Service Plan.
ll.
Ene:ae:ement of Authority
The City hereby engages the Authority, and the Authority hereby agrees to provide,
furnish, or perform the services to be provided for the City with respect to the Pill pursuant to
this Agreement.
3
HOU:2680299.l
III.
Scone of Services bv Authoritv
The services provided, fumished~ or performed by the Authority for the management and
administration of the PID and its annual or ongoing Services shall be set forth in the Service Plan
and each Annual Service Plan of the PID and the Budgets of the Authority. The Services shall
consist of the following:
A. Services Relating to the Service Plan.
1. The Authority will assist the City in implementing the Service Plan and in
preparing Annual Service Plans to be recommended annually to the City
Council.
2. Supplemental services for all the area of the PID are as follows:
(i) Operation and Maintenance. of Open SpacelPedestrian Trail
System; and
_ (ii) Operation and Maintenance of Public Landscaping and Amenity
areas; and
(iii) Maintenance of drainage outfall structures and a certain portion of
Taylor Bayou.
3. Proposed improvements for the area of the PID are as follows:
(i) Site Work, Water, Sanitary Sewer, Storm Sewer, Erosion Control,
Engineering, Contingency, Financing Costs, Administration and
Legal Services.
4
HOU:2680299.1
B. Services Relating to the Levy and Collection of Assessments.
1. The Authority shall adjust and prepare the Assessment Plan as needed and
recommend it to the City,
2. The Authority will assist the City in collection of the Assessments to be
deposited to the credit of a special fund in the name of the PID at the City
depository. Assessment Revenues on deposit in this special fund will be
paid by the City to the Authority as provided in Article V.
C. Management Program. The Authority shall perform the following administrative
and management services for operation ofthe PID:
3. Provide the staff and administrative services that are necessary to manage
the Pill and to provide or supervise the Services provided by the Pill;
4. Provide management, financial; and program monitoring systems for
operation of the PID;
, .5. Provide required reports to theQity concerning operation of the PID;
6. Recruit, hire, pay, and supervise the work force that the Authority will
utilize to furnish Services in the Pill;
7. Provide office space for the Authority's administrative and management
personnel and an operations center for the Authority's employees and
equipment, if necessary;
8. Provide staff to participate ill private or public meetings concerning
operation of the PID;
9. Provide liaison between the PID, the City, PID property owners, and other
interested persons and groups to ensure successful operation of the PID;
5
HOU:2680299.1
10. Supervise and monitor the performance of subcontractors who are
employed by the Authority;
II. Provide assistance to the City Planning Department concerning use of the
Pill to complement area planning proposals and projects;
12. Assist the City in briefing developers and property owners concerning
proposed activities and projects that would complement private
development activities in the Pill;
13. Function as the information/complaint center for all matters relating to
operation of the Pill and advise the City in a timely manner of any
problems with City-owned equipment or facilities in the Pill; and
14. Provide insurance as provided in Article XIII.
C. Public Safety and Maintenance Program. The Authority will provide, to the best
of its ability, services to make the territory of the Pill safe, clean and comfortable.
D.. .Planning~ Design. and Streetscape Improvements. The Authority will endeavor to
make the Pill a user-friendly and enjoyable people-oriented place that is thriving with businesses
and attractions.
E. Subcontractors. The Authority may provide the servIces required by this
Agreement through staff, subcontractors and/or consultants.
IV.
The Citv's Duties and Responsibilities
A. Duties of City. Subject to the provisions of Section IV.D. hereof, the City agrees
to maintain the existing level of services that the City currently provides in the Pill subject to the
provision of funds for these services in the City budget. The City shall also:
6
HOU:2680299.l
1. . Consider the promulgation of rules arid regulations pertaining to the use of
the public space in the Pill after receiving the Authority's advice and
assistance;
2. Provide for delinquent Assessments to bear interest and be .subject to the
penalties set forth in the Texas Tax Code;
3. Review and, if satisfactory, approve an annual report of delinquent
property Assessments and liens thereon to be filed in the Harris County
Clerk's office; and,
4. Upon the request of the Authority, the City will pursue the collection of
delinquent Assessments.
B. Special City Account. The City has established a separate Pill fund in the City
treasury into which Assessment Revenue shall be deposited (the "Special City Account").
During the term of this Agreement, Assessment Revenue shall be paid only to the Authority as
. . herein provided; however, the City may retain a portion of the annual Assessment Revenues to
pay its actual cost of administering the Pill and performing its seryices under this Agreement;
such actual cost to be limited to the actual salary cost of the individuals performing the service
plus a reasonable overhead factor times the number of hours worked performing the service plus
any out-of-pocket expenses.
C. Limitation of Source of Payment. The City shall have no fmancial obligation to
the Authority other than as provided in this Agreement or in other agreements between the City
and the Authority. The City's obligation to the Authority under the Agreement is limited to the
Assessment Revenue collected by the City. This Agreement shall create no obligation on the
7
HOU:2680299.1
City that is payable from taxes or other moneys of the City other than the Assessment Revenue
collected by the City.
D. Allocated Funds: Limitation of City's Duties. The City's duty to pay money to
the Authority for any purpose under this Agreement is limited in its entirety by the provisions of
this Article. The fee herein provided for shall be the entire and complete compensation of
Authority for its Services and expenses in connection herewith. The Authority recognizes that
under certain provisions of the Charter oithe City of La Porte and Article IX, Section 5, of the
Texas Constitution, the City may not obligate itself by contract to an extent in excess of an
amount theretofore appropriated thereto by the City CounciL . The Authority further recognizes
that no appropriation has been made for the purposes of this Agreement or the City services
herein described for City fiscal year 2007 or for any other fiscal year during the term of this
Agreement and that the obligation of the City hereunder is subject to future appropriation in
connection with the City's budgets for future years by the City Council in its sole discretion.
. . .. Unless and until. the City Council sees fit to make an .appropriation or appropriations for such
purpose~ the obligation of the City to. the Authority under this Agreement, or in connection with
the subject matter hereof, can and will be limited to the total amount appropriated.
v.
City Payment to Authoritv
Subject to the availability of funds in the Special City Account, the City will pay the
Authority, not later than the first business day of each July in which a current, approved Budget
is in effect for the Authority, all moneys then available in the Special City Account, subject to
the retention by the City of administrative costs pursuant to Article IV, Section B, hereof
8
HOU:2680299J
provided, however, that the City shall never be obligated to pay to the Authority an amount that
exceeds the amount of the approved Budget for the then-current fiscal year.
A quarterly accounting of expenditures and revenues of the Authority, including its
operating statements and balance sheets, shall be submitted to the Director by the forty-fifth
(45th) day of the quarter following such expenditure or receipt of revenue (the "Accounting").
The City's review of the Accounting shall be limited to determining whether the expenditures are
(i) authorized by the Budget and (ii) consistent with the terms of the contract pursuant to which
they were incurred, and not a review to determine whether the Authority Board properly
exercised its discretion in making the expenditure.
VI.
Bud2et. Accountin2. and Audits
A. Books and Records. During the term of this Agreement, the Authority will
prepare and submit to the City, by April! of each year (or, for the current fiscal year, the date of
-. ,the final execution of this Agreement) during the term of this Agreement, its annual Budget
setting forth the Authority's proposed expenditures during the ensuing fiscal year to accomplish
the Annual Service Plan which will include the Authority's administrative costs incurred in
connection with providing services under this Agreement. Administrative costs may include
reasonable employee salaries, travel, insurance, and other benefits expenses. The annual Budget
shall also disclose the amount of all revenues available to the Authority for purposes of funding
the Seryices and expenses outlined in the Service Plan and is subject to the review and approval
of City Council. The Authority may amend (increase, decrease, or adjust) its Budget but must
advise the Director of such Budget amendments; provided, however, that Budget amendments
which involve an increase, decrease, or adjustment of $75,000 or more must be approved by City
9
HOU:2680299.l
Council. In the event that the City Council fails or refuses to approve the proposed budget of the
Authority for the ensuing year by July 1 of that year, the Authority may continue to operate on
the Budget for the previous fiscal year for a period not to exceed six (6) months. If, at the end of
that period no budget has been approved by City Council, either the City or the Authority may
terminate this Agreement as provided in Article XXIII hereof. Termination of this Agreement
shall constitute the sole remedy of the parties under this circumstance.
By its approval of this Agreement, City Council hereby approves the Authority's 2007
Budget which is attached hereto as Exhibit "A" and incorporated herein for all purposes.
B. Accounts, Records. and Accounting Reports. The Authority will maintain books
of records and accounts in which full, true, and proper entries will be made on all dealings,
transactions, business, and matters which in any way affect or pertain to the operation of the PID,
and the allocation and application of the Assessment Revenue. All such records shall be
maintained in accordance with generally-accepted accounting principles and shall be clearly
. . jdentified and readily accessible. The Authority shall provide free access to such books and
records, at all times, to the City or its representatives in order that they may examine and audit
the same and make copies thereof. The Authority shall further allow the City and its
representatives to make inspections of all work data, documents, proceedings, and activities
related to this Agreement. Such right of access and audit shall continue for a period of three (3)
years from the date of fmal payment under this Agreement. The Authority will operate on the
basis of a fiscal year which begins October 1 of each year.
c. Audit. At the end of each fiscal year (beginning with the fiscal year or fraction
thereof during which this Agreement is executed) the Authority will have an audit prepared by
an independent Certified Public Accountant for that fiscal year which shall be submitted to the
10
HOU:2680299.1
Authority and the City within ninety (90) days after the end of the fiscal year. . The Authority
shall furnish copies of such audit without cost to the City.
D. Authority Depository. The Authority shall have an account into which all
payments made by the City pursuant to this Agreement shall be deposited. Any moneys received
from investing and reinvesting the moneys paid by the City to the Authority shall remain in this
fund until used by the Authority for one of the purposes permitted by this Agreement, and may
be commingled with other moneys of the Authority; provided, however, that these funds shall be
accounted for separately. Moneys in this Authority account may be invested and reinvested by
the Authority only in investments which would be eligible for investment by the City pursuant to .
the previsions of the Public Funds Investment Act (Chapter 2256, Texas Government Code).
Funds on deposit in this account will be secured by the depository bank in the same manner as
City funds are required to be secured at the City depository and in accordance with applicable
Federal tax laws and Internal Revenue Service regulations.
VD.
Public Convenience and Safety
A. Observance of City Ordinances. The Authority shall observe City ordinances
relating. to obstructing. streets, keeping alleys or other rights-of-way open and protecting same,
and shall obey all laws and City ordinances controlling or limiting those engaged in the work.
B. Performance of Duties. The Authority shall perform its duties in a manner that
will cause the least inconvenience and annoyance to the general public and the property owners,
and will exercise every necessary precaution for the safety of the property and the protection of
any and all persons and property located adjacent to or malting passage through said property.
11
HOU:2680299.1
VIII.
Rie;ht of Ownership
All permanent public facilities and equipment owned by City within the Pill shall remain
property of City, and such property shall not be disposed of by the Authority. All property and
improvements purchased by the Authority shall be the property of the Authority and shall be
maintained by the Authority throughout the term of this Agreement. Upon termination of this
Agreement, title to all such Authority property shall immediately vest in the City without the
need for further action on the part of the City. The Authority shall provide an up-to-date
inventory of all of its property and improvements as an attachment to its annual budget.
IX.
Personal Liability of Public Officials
No director of the Authority nor any employee or agent of the Authority and no employee
of the City, nor any agent of the City, shall be personally responsible for any. liability arising
under or growing out. of the Agreement, or operations of the Authority under the terms of this
Agreement.
X.
City Not Liable For Delav
It is expressly agreed that in no event shall the City be liable or responsible a the
Authority or any other person for or on account of, any stoppage or delay in the work herein
provided for by injunction or other legal or equitable proceedings, or from or by or on account of
any delay for any cause over which the City has no control.
12
HOU:2680299.1
XI.
INDEMNITY AND RELEASE
A. INDEMNITY FOR PERSONAL INJURIES. THE AUTHORITY COVENANTS
AND AGREES TO, AND DOES HEREBY, DEFEND, INDEMNIFY AND HOLD THE CITY
AND ITS OFFICERS AND EMPLOYEES (THE "INDEMNIFIED PERSONS"), HARMLESS
FOR ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND EXPENSES
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND
INTEREST) FOR INJURY, DEATH, DAMAGE OR LOSS INJURIES, INCLUDING DEATH,
TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL
TO ANY PERFORMANCE UNDER THIS AGREEMENT, INCLUDING, WITHOUT
LIMITATION, THOSE CAUSED BY;
1. THE AUTHORITY'S AND/OR THE AGENTS, EMPLOYEES,
OFFICERS, DIRECTORS, CONTRACTORS, OR SUBCONTRACTORS
OF THE AUTHORITY (COLLECTIVELY _ REFERRED TO IN
NUMBERED PARAGRAPHS 1-3, AS THE "AUTHORITY") ACTUAL
OR ALLEGED NEGLIGENCE OR INTENTIONAL ACTS OR
OMISSION
2. THE INDEMNIFIED PERSONS' AND THE AUTHORITY'S ACTUAL
OR ALLEGED CONCURRENT NEGLIGENCE, WHETHER THE
AUTHORITY IS IMMUNE FROM LIABILITY OR NOT; AND
3. THE INDEMNIFIED PERSONS' AND THE AUTHORITY'S ACTUAL
OR ALLEGED STRICT PRODUCTS LIABILITY OR STRICT
13
HOU:2680299.1
STATUTORY LIABILITY, WHETHER THE AUTHORITY IS
IMMUNE FROM LIABILITY OR NOT.
THE AUTHORITY SHALL DEFEND, INDEMNIFY, AND HOLD THE INDEMNIFIED
PERSONS HARMLESS DURING THE TERM OF THIS AGREEMENT AND FOR FOUR
YEARS AFTER THE AGREEMENT TERMINATES. THE AUTHORITY'S
INDEMNIFICATION IS LIMITED TO $500,000 PER OCCURRENCE. THE AUTHORITY
SHALL NOT INDEMNIFY THE INDEMNIFIED PERSONS FOR THE INDEMNIFIED
PERSONS' SOLE NEGLIGENCE.
B. INDEMNITY TO CITY PROPERTY. AUTHORITY SHALL LIKEWISE
INDEMNIFY AND HOLD HARMLESS THE CITY FOR ANY AND ALL INJURY OR
DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY
AND ALL ACTS OR OMISSIONS OF AUTHORITY, ITS OFFICERS, AGENTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
C. _ RELEASE. THE AUTHORITY AGREES TO AND SHALL RELEASE THE
INDEMNIFIED PERSONS FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR
LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR
INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY,
DEATH, DAMAGE, OR LOSS IS CAUSED BY THE INDEMNIFIED PERSONS' SOLE OR
CONCURRENT NEGLIGENCE.
D.. CONTRACTORS. THE AUTHORITY SHALL REQUIRE ALL
CONTRACTORS ENGAGED BY IT TO CONSTRUCT PROJECTS (AND THEIR
SUBCONTRACTORS) TO RELEASE AND INDEMNIFY THE INDEMNIFIED PERSONS
14
HOU:2680299.1
TO TIlE SAME EXTENT AND IN SUB STANTIALL Y THE SAME FORM AS ITS
RELEASE OF AND INDEMNITY TO THE INDEMNIFIED PERSONS HEREUNDER.
E. Indemnification Procedures.
1. Notice of Claims. If the Indemnified Persons or the Authority receives
notice of any claim or circumstances that could give rise to an indemnified
loss, the receiving party shall give written notice to the other party within
10 clays. The notice must include the following:
a. A description of the indemnification event in reasonable detail;
b. The basis on which indemnification may be due; and
c. The anticipated amount of the indemnified loss.
This notice does not estop or prevent the Indemnified Persons from later asserting a
different basis for indemnification or a different amount of indemnified loss than that indicated
in the initial notice. If the Indemnified Persons do not provide this notice within the 10 day .
period, they do not waive any right to indemnificationexceptto the extent that the Authority is
prejudiced, suffers loss, or incurs expense because of the delay.
2. Defense of Claims.
a. Assumption of Defense. The Authority may assuine the defense of
the claim at its own expense with counsel chosen by it that is
reasonably satisfaCtory to the Indemnified Persons. The Authority
shall then control the defense and any negotiations to settle the
claim. Within 10 days after receiving Written notice of the
indemnification request, the Authority musfadvise the Indemnified
Persons as to whether or not it will defend the claim. If the
15
HOU:2680299.1
. Authority does not. assume the defense, the Indemnified Persons
shall assume and control the defense, and all defense expenses
constitute an indemnification loss.
b. Continued Participation. If the Authority elects to defend the
claim, the Indemnified Persons may retain separate counsel at their
own expense to participate in (but not control) the defense and to
participate in (but not control) any settlement negotiations. The
Authority may settle the claim without the consent or agreement of
the Indemnified Persons, unless the settlement (i) would result in
injunctive relief or other equitable remedies or otherwise require
the Indemnified Persons to comply with restrictions or limitations
that adversely affect the Indemnified Persons; (ii) would require
the Indemnified Persons to pay amounts that the Authority does
not fund in full; or (iii) would not result ..in the. Indemnified
Persons' full and complete release from all liability to the plaintiffs
or claimants who are parties to or otherwise bound by the
settlement.
F. Insurance Requirements. Insurance coverage specified herein constitutes the
minimum requirements and said requirements shall in no way lessen or limit the liability of the
Authority under the terms of this Agreement. The Authority shall procure and maintain, at its
tern cost and expense, any additional kinds and amounts of insurance that, in its own judgment,
may be necessary in connection with its performance of its obligations under this Agreement.
16
HOU:2680299.l
G. Subordinate Obligation. The obligations of the Authority imposed by this Article
are subordinate to the Authority's obligation to pay the principal of and interest on bonds and
notes, if any.
H. Payment from Assessments. All costs or obligations of the Authority imposed by
this Article may be paid from proceeds from insurance or, to the extent provided by law,
Assessments.
XII.
Indeuendent Contractor
It is expressly understood and agreed that the Authority shall perform all work and
Services described herein as an independent contractor and not as an officer, agent, servant, or
employee of the City; that except as herein provided, the Authority shall have exclusive control
of and the exclusive right to control the details of the Services and work performed hereunder,
and all persons performing the same; and shall be solely responsible for the acts and omissions of
its officers, agents, employees, contractors, and subcontractors; that the doctrine of respondeat
superior shall not apply as between City and the Authority, its officers, agents, employees,
contractors, and subcontractors; and that nothing herein shall be construed as creating a
partnership or joint enterprise between City and the Authority. No person perfoITning any of the
work and Services described hereunder shall be considered an officer, agent, servant, or
employee of the City.
XIll.
Insurance
The Authority shall obtain and maintain insurance coverage continuously during the term
of this Agreement, and the Authority shall contract with each contractor engaged by it hereunder
17
HOU:2680299.l
to maintain (and to cause each of its subcontractors to maintain) insurance coverage during the
term of its contract, in. each case in accordance with the terms of this Article through any
combination of primary and excess coverage and, in the case of "claims made" coverage, for an
additional two years thereafter.
A. Risks and Limits of Liability. The insurance required by this Article shall insure
against the following risks in at least the following amounts:
Coverage
Workers' Compensation
Limit of Liability
Statutory
Employer's Liability
Bodily Injury by Accident $1 00,000 (each accident)
Bodily Injury by disease $500,000 (policy limit)
Bodily Injury by Disease $1 00,000 (each employee)
Commercial General Liability:
Including Broad Form
Coverage, Contractual Liability,
Bodily and Personal Injury, and
Completed Operations (for a
period of one year after
completion of work)
Bodily Injury and Property Damage, Combined
Limits of $500,000 each Occurrence and $1,000,000
Aggregate
Automobile Liability Insurance
(for vehicles used in performing
under this Agreement, including
Employer's Non-Ownership and
Hiied Auto Coverage)
$500,000 Combined Single Limit per Occurrence
Professional Liability Coverage
(for professional service
contract only)
$500,000 per occurrence
$1,000,000 aggregate
Defense costs are excluded from the face amount of the policy.
Aggregate Limits are per 12-month policy period unless otherwise indicated.
If the amount. of any contract awarded by the Authority to construct a particular project shall
. exceed $1,000,000, the Authority shall contract with the contractor to maintain Commercial
General Liability coverage for at least twice the combined minimum limits specified above.
18
HOU:2680299.1
B. Form of Policies. The Director may approve the form of the insurance policies,
but nothing the Director does or fails to do relieves the Authority of its obligation to provide the
required coverage under this Agreement. The actions or inactions of the Director do not waive
the City's rights under this Agreement.
C. Issuers of Policies. The issuer of each policy shall have ~ certificate of authority
to transact insurance business in Texas or a Best's rating of at least B+ and a Best's Financial
Size Category of Class VI or better, according to the most current edition of Best's Key Rating
Guide, Property-Casualty United States.
D. Insured Parties. Each policy, except those for Workers' Compensation,
Employer's Liability, and Professional Liability, must name the City (and its officers, agents,
and employees) as additional insured parties on the original policy and all renewals or
replacements.
E. Deductibles. The Authority shall be responsible for and bear (or shall contract
with each applicable contractor to bear and assume) any claims or losses to the extent of any .
deductible amounts and waives (and shall contract with each contractor to waive) any claim it
may have for the same against the City, its officers, agents, or employees.
F. Cancellation. Each policy must state that it may not be canceled, materially
modified, or nonrenewed unless the insurance company gives the Director 30 days' advance
written notice. The Authority shall (and shall contract with each contractor to) give written
notice to the Director within five days of the date can which total claims by any party against
such person reduce the aggregate amount of coverage below the amounts required by this
Agreement. In the alternative, the policy may contain an endorsement establishing a policy
aggregate for the particular project or location subject to this Agreement.
19
HOU:2680299.l
G. Subrogation. Each policy must contain an endorsement to the effect that the
issuer waives any claim or right of subrogation to recover against the City, its officers, agents, or
employees.
H. Primary Insurance Endorsement. Each policy, except Workers' Compensation
and Professional Liability (if any), must contain an endorsement that the policy is primary to any
other insurance available to the additional insured with respect to claims arising under this
Agreement.
I. Liability for Premium. The Authority shall pay, from Assessments or other
available funds, (or shall contract with contractors to pay) all insurance premiums for coverage
requir~d by this Article, and the City shall not be obligated to pay any premiums.
J. Subcontractors. Notwithstanding the other provisions of this Article, the amount
of coverage contracted to be provided by subcontractors shall be commensurate with the amount
of the subcontract, but in no case less than $100,000per occurrence. The Authority shall provide
(or. shall contract with contractors to provide) copies of insurance certificates to the Director.
K. Proof of Insurance. Promptly after the execution of this Agreement and from time
to time.during the term of this Agreement at the request of the Planning Director; the Authority
shall furnish the Planning Director with certificates of insurance maintained by the Authority in
accordance with this Article along with an affidavit from the Authority confirming that the
certificates accurately reflect the insurance coverage maintained. If requested in writing by the
Director, the Authority shall furnish the City with certified copies of the Authority's actual
insurance policies. Failure of the Authority to comply with the requirements of this Article shall
constitute an event of default and the Director, at his or her sole discretion, may (1) suspend
performance by the City hereunder and begin procedures to terminate this Agreement for default
20
HOU:2680299.1
pursuant to Article XXllI hereof, or (2) purchase the required insurance with City funds and,
notwithstanding the provisions of Article V of this Agreement, deduct the cast of the premiums
from amounts due to the Authority under this Agreement. The City shall never waive or be
estopped to assert its right to terminate this Agreement pursuant to Article XXIII hereof because
of its acts or omissions regarding its review of insurance documents.
L. Other Insurance. If requested by the Director, the Authority shall furnish
adequate evidence of Social Security and Unemployment Compensation Insurance, to the extent
applicable to the Authority's operations under this Agreement.
XIV.
Law to Be Observed
The Authority at all times shall observe and comply with all federal and state laws, local
laws, ordinances, orders, and regulations of the federal, state, county, or city governments. The
federal, state and local laws, ordinances, and regulations which affect those engaged or employed
in the~ work, or the equipment used in the work, or which in any way affects the conduct of the
work, shall be at all times in effect, and no pleas of misunderstanding shall be considered on
account of ignorance thereof.
xv.
Permits
Before proceeding with the work hereunder, the Authority shall obtain and pay for any
necessary permits and licenses, whether issued by the state, county, or city, and upon the
Director's request, furnish proof thereof,
21
HOU:2680299.1
XVI.
Information
The Authority shall, at such times and in such form as City may reqUire, furnish periodic
information concerning the status of the Authority, the PID, and the performance of its
obligations under the Agreement, and such other statements," certificates and approvals relative to
the Authority and the PID as may be requested by the City..
XVII. .
Borrowine
To the extent permitted by law, the Authority shall have the authoritY to borrow money
and to pledge or assign the money it will receive under this Agreement to secure any such
borrowing. The City consents to the assignment and pledge of the money it win receive under
this Agreement if the Authority Board and the Planning Director consent to the assignment and
pledge and approve the terms and conditions of the instruments assigning or pledging the
. proceeds to.be received by the Authority pursuant to this Agreement.
XVID.
Coordination with City Officials
Authority win coordinate its activities with the City Departments involved or providing
services to the PID including, but not limited to:
A. Planning Department
B. Public Works Department
C.. Parks and Recreation Department
D. Police Department
E. Fire Department
22
HOU:2680299.1
Nothing in this Agreement is intended to confer upon the Authority the right to use,
improve, or service any City property without the approval of the director of the affected City
department.
XIX.
Address and Notice
Any and all notices and communications under this Agreement shall be mailed by first-
class mail, or delivered, to the Authority at the following address:
La Porte Redevelopment Authority
c/o David Hawes
Hawes Hill Calderon LLP
P.O. Box 22167
Houston, Texas 77227-2167
Any and all notices and communications under this Agreement shall.be mailed by first-
class mail, or delivered, to the City at the following address:
Director, Planning Department
City of La Porte, Texas
City of La Porte City Hall
604 West Fairmont Parkway
La Porte, Texas 77571
xx.
Applicable Laws
This Agreement is made subject to the Constitution and laws of the State of Texas and
the Charter of the City.
XXI.
Captions
The captions at the beginning of the Articles of this Agreement are guides and labels to
assist in locating and reading such Articles, and, therefore, will be given no effect in construing
23
HOU:2680299.l
this Agreement and shall not be restrictive of the subject matter of any article, section, or part of
this Agreement.
XXII.
Successors and Assi2lls
This Agreement shall bind and benefit the respective parties and their legal successors,
and shall not be assignable, in whole or in part, by any party hereto without first obtaining the
written consent of the other party~ Nothing herein shall be construed a creating any personal
liability on the part of any officer or agency of the City.
XXIII.
Term and Termination
A. In General. The initial term of this Agreement shall begin on the Date of
Countersignature and end upon dissolution of the PID or when all Assessments have been levied
and all projects and Services have been completed in accordance with the Service and
Assessment Plans.
B. Termination for Cause. A party may terminate its performance under this
Agreement only upon default by the other party. Default by a party shall occur if the party fails
to perform or observe any of the terms and conditions of this Agreement required to be
performed or observed by that party. Should such a default occur, the party against whom the
default has occurred shall have the right to terminate all or part of its duties under this
Agreement as of the 30th day following the receipt by the defaulting party of a notice describing
such default and intended termination, provided: (i) such termination shall be ineffective if
within said 30-day period the defaulting party cures the default or (ii) such termination may be
24
HOU:2680299.1
stayed, at the sole option of the party against whom the default has occurred, pending cure of the
default.
XXIV.
Amendment or Modifications
Except as otherwise provided in this Agreement, this Agreement shall be subject to
change, amendment, or modification only by the mutual written consent of the parties hereto.
IN TESTIMONY OF WIlleR this instrument has been executed can behalf of the
Authority and the City in duplicate originals which shall be considered of equal force and effect.
DATED this 1 rf- day or-1n~ ,2008.
HOU:2680299.1
A L TtJN {J I4'CI<.
ATIEST
vfJ?tll:lj~/ff
City Secretary
(SEAL)
25
Exhibit A
Authority's 2007 Budget
FY 2007- 08 Proposed Budget
Revenues:
Estimated Beginning Fund Balance (TIRZ)
Estimated Beginning Fund Balance (City CIP)
Estimated 2008 TIRZ Revenues
Estimated 2008 TIRZ Developer Advances
. $ 249,112
$ 231,348
$ 121,438
$1,500,000
Total Revenues
$2,101,898
TIRZM&O Expenses:
Administration and Project Management
Legal
Audit & Agreed Upon Procedures Reports
Printing & Reproduction
Postage
Mileage
$ 42,000
$ 5,000
$ 7,500
$ 2,700
$ 240
$ 750
$ 58,190
.. ."..- - .
$ 6,072
$ 35,923
$ 41,994
Total Expenses
Transfers
City Administration
Educational Facilities
Total Transfers
Capital Improvements
City CIP Trunk Line Project
TIRZ qeveloper Projects
$ 231,348
$1,500,000
Total Capital Improvements
$1,731,348
Ending Fund Balance
$ 270,365
Notes:
Tax Year 2007 Revenues are Estimated.
updated.
Recognize City's initial loan of $100,000
Once a Certified Roll is verified then the Budget will be
A-I
HOU:2680299.1
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