HomeMy WebLinkAbout10-24-22RICHARD WARREN, PRESIDENT DANNY EARP, BOARD MEMBER
BRENT McCAULLEY, COUNCILPERSON JOHN BLAKEMORE, BOARD MEMBER
AMANDA GERRISH, BOARD MEMBER NANCY OJEDA, VICE-PRESIDENT
CHUCK ENGELKEN, COUNCILPERSON
CITY OF LA PORTE DEVELOPMENT CORPORATION BOARD OF
DIRECTORS MEETING AGENDA
Notice is hereby given of a meeting of the City of La Porte Development Corporation Board of
Directors to be held on October 24, 2022, at the City Hall Council Chamber, 604 West Fairmont
Parkway, La Porte, Texas, beginning at 5:00 p.m., to consider the following items of business.
Remote participation is available. Attend via a screen using this link:
https://us02web.zoom.us/j/85867408410?pwd=ZFlNRDlzSjlUQjFucXd1aXpBb3F4QT09
Join by phone at 877-853-5257 or 888-475-4499. The meeting ID is 858 6740 8410 and the
passcode is 388295.
1.CALL TO ORDER
2.CITIZEN COMMENT (G enerally limited to five minutes per person; in accordance with state
law, the time may be reduced if there is a high number of speakers or other considerations.)
3.CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be
implemented in accordance with staff recommendations provided. An item may be removed
from the consent agenda and added to the Statutory Agenda for full discussion upon request
by a member of the Committee present at this meeting.)
(a)Approve the minutes of the regular meeting of the La Porte Development Corporation
Board of Directors meeting held on September 26, 2022. [Chair W arren]
4.PUBLIC HEARING AND ASSOCIATED MATTERS
(a)The La Porte Development Corporation Board of Directors will hold a public hearing
on seven (7) Capital Improvement Projects (C I P) of the La Porte Development
Corporation: 1) Golf Course Fencing Project - $475,000.00; 2) Golf Course Pond
Remediation - $150,000.00; 3) G olf Course Land Acquisition - $350,000.00; 4)
Fairmont Park Ballfield Restroom - $350,000.00; 5) W ave Pool Enhancements - $
500,000.00; 6) Recreation Center Phase II Design - $250,000.00; and 7) the Citywide
Signage Project, Phase I I I - $350,000.00; and consider possible action to approve the
following projects of the La Porte Development Corporation: 1) Golf Course Fencing
Project - $475,000.00; 2) Golf Course Pond Remediation - $150,000.00; 3) Golf
Course Land Acquisition - $350,000.00; 4) Fairmont Park Ballfield Restroom -
$350,000.00; 5) W aive Pool Enhancements - $500,000.00; 6) Recreation Center
Phase II Design - $250,000.00; and 7) Citywide Signage Porject, Phase I I I -
$350,000.00 . [Matt Daeumer, Assistant City Manager]
5.AUTHORIZATIONS
Presentation, discussion, and possible action to approve an enhancement grant in an
(a)
Presentation, discussion, and possible action to approve an enhancement grant in an
amount not to exceed $4,900.00 to the applicant, Ishvar D. Bhakta, for enhancements
to building façade for structure located at 207 W. Main Street in La Porte, Texas.
[Matt Daeumer, Assistant City Manager]
(b)Presentation, discussion, and possible action to provide direction to administrative
staff on strategic goals and plans of the La Porte Development Corporation for
promotion of future economic development in the City of La Porte, Texas. [Matt
Daeumer, Assistant City Manager]
6.SET NEXT MEETING
7.BOARD COMMENTS Hear announcements concerning matters appearing on the
agenda; items of community interest; and/or inquiries of staff regarding specific factual
information or existing policy from the Committee members and City staff, for which no
formal action will be discussed or taken.
8.ADJOURN
If, during the course of the meeting and discussion of any items covered by this notice, the La Porte
Development Corporation Board determines that a Closed or Executive Session of the Board is
required, then such closed meeting will be held as authorized by Texas Government Code, Chapter
551, Section 551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation
regarding purchase, exchange, lease or value of real property; Section 551.073 - deliberation
regarding a prospective gift; Section 551.074 - personnel matters regarding the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee;
Section 551.076 - implementation of security personnel or devices; Section 551.087 - deliberation
regarding economic development negotiation; Section 551.089 - deliberation regarding security
devices or security audits, and/or other matters as authorized under the Texas Government Code. If a
Closed or Executive Session is held in accordance with the Texas G overnment Code as set out above,
the La Porte Development Corporation Board will reconvene in Open Session in order to take action, if
necessary, on the items addressed during Executive Session.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are
requested to contact the City Secretary's office (281-470-5019), two working days prior to the meeting for
appropriate arrangements.
Pursuant to Texas Government Code Sec. 551.127, on a regular, non-emergency basis, members may attend and participate
in the meeting remotely by video conference. Should that occur, a quorum of the members will be physically present at the
location noted above on this agenda.
CERTIFICATE
I, Lee W oodward, City Secretary, do hereby certify that a copy of the O ctober 24, 2022, L a P orte Development
Corporation B oard agenda was posted on the C ity Hall bulletin board, a place convenient and readily accessible to
the general public at all tim es, and to the City's website, www.LaPorteT X.gov, in com pliance with Chapter 551,
Texas Government Code.
DATE OF
POSTING
TIME OF
POSTING
TAKEN DOW N
Lee Woodward
Lee W oodward, City Secretary
Page 1 of 3
September 26, 2022, La Porte Development Corporation Board of Directors Minutes
RICHARD WARREN
PRESIDENT
BRENT MCCAULLEY
COUNCILPERSON
AMANDA GERRISH
BOARD MEMBER
CHUCK ENGELKEN
COUNCILPERSON
DANNY EARP
BOARD MEMBER
JOHN BLAKEMORE
BOARD MEMBER
NANCY OJEDA
VICE-PRESIDENT
MINUTES OF THE LA PORTE DEVELOPMENT CORPORATION
BOARD OF DIRECTORS MEETING OF SEPTEMBER 26, 2022
The City of La Porte Development Corporation Board met on Monday, September 26, 2022, at the
City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 5:00 p.m., with the
following in attendance:
Board members present: Richard Warren, Danny Earp, Chuck Engelken, John Blakemore, Brent
McCaulley, Amanda Gerrish, Nancy Ojeda
Board members attending remotely: None
Board members absent: None
Council-appointed members present: Corby Alexander, City Manager; Lee Woodward, City Secretary;
Clark Askins, Assistant City Attorney
CALL TO ORDER – (President Warren was present but had asked Vice President Ojeda to preside.) Vice
President Ojeda called the meeting to order at 5:00 p.m.
2. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the
time may be reduced if there is a high number of speakers or other considerations.)
There were no comments.
3. CONSENT AGENDA
a. Approve minutes of the regular meeting of the La Porte Development Corporation Board of
Directors meeting held on August 22, 2022. [Chair Warren]
Member Engelken moved to approve the minutes of the regular meeting of the La Porte
Development Corporation Board of Directors meeting held on August 22, 2022; the motion was
seconded by Member Warren; the motion was adopted, 7-0.
4. PUBLIC HEARING AND ASSOCIATED MATTERS
a. The La Porte Development Corporation Board of Directors will hold a public hearing to
receive comments on a proposed project to promote and develop new and expanded
business enterprises, providing for site, infrastructure and related improvements in
connection with the construction of the Revak Building at 114 W. Main Street in La Porte, to
be operated as a commercial and residential facility, in an amount not to exceed
$390,600.00; followed by discussion and possible action to authorize a project of the La
Porte Development Corporation to promote and develop new and expand ed business
enterprises, providing for site, infrastructure and related improvements in connection with
the construction of the Revak Building at 114 W. Main Street in La Porte, Texas, to be
operated as a commercial and residential facility, and providing for a financial incentive
grant in an amount not to exceed $390,600.00 to R Favorite Things, LLC. [Matt Daeumer,
Assistant City Manager]
Page 2 of 3
September 26, 2022, La Porte Development Corporation Board of Directors Minutes
Member Earp signed a conflict of interest affidavit and did not participate in the discussion or vote
of this item. Vice President Ojeda opened the public hearing at 5:01 p.m. Assistant City Manager
Matt Daeumer provided an overview of the proposed agreement and provided comments about
their hopes for the venture. Vice President Ojeda closed the public hearing at 5:11 p.m. Member
Engelken moved to authorize a project of the La Porte Development Corporation to promote and
develop new and expanded business enterprises, providing for site, infrastructure, and related
improvements in connection with the construction of the Revak Building at 114 W. Main Street in
La Porte, Texas, to be operated as a commercial and residential facility, and providing for a financial
incentive grant in an amount not to exceed $390,600.00 to R Favorite Things, LLC; the motion was
seconded by Member Warren; the motion was adopted, 6-0.
5. AUTHORIZATIONS
a. Presentation, discussion, and possible action to approve an economic development
incentive agreement with R Favorite Things, LLC., applicant, in connection with project for
new and expanded business enterprises, providing for site and infrastructure
improvements for the development of the Revak Building, located at 114 W. Main Street in
La Porte, Texas. [Matt Daeumer, Assistant City Manager]
Member Earp signed a conflict of interest affidavit and did not participate in the discussion or vote
of this item. Member Warren moved to approve an economic development incentive agreement
with R Favorite Things, LLC., applicant, in connection with project for new and expanded business
enterprises, providing for site and infrastructure improvements for the development of the Revak
Building, located at 114 W. Main Street in La Porte, Texas; the motion was seconded by Vice
President Ojeda; the motion was adopted, 6-0.
b. Presentation, discussion, and possible action to approve an enhancement grant in an
amount not to exceed $25,229.00 to the applicant Marion (Marty) Campise for fencing,
gazebo, stage, truck pad, landscaping and surface improvements to property located at 402
W. Main Street in La Porte, Texas, in connection with entertainment and food truck complex
business. [Matt Daeumer, Assistant City Manager]
Member McCaulley moved to approve an enhancement grant in an amount not to exceed
$25,229.00 to the applicant Marion (Marty) Campise for fencing, gazebo, stage, truck pad,
landscaping and surface improvements to property located at 402 W. Main Street in La Porte,
Texas, in connection with an entertainment and food truck complex business; the motion was
seconded by Member Warren; the motion was adopted, 6-1, Vice President Ojeda voting against.
c. Presentation, discussion, and possible action to approve an enhancement grant in the
amount not to exceed $4,600.00 to the applicant Sitarambhai D. Bhakta for facade and
associated exterior improvements to the building site located at 207 W. Main Street in La
Porte, Texas, operated by Mayuri Products, LLC. [Matt Daeumer, Assistant City Manager]
Member Warren moved to approve an enhancement grant in an amount not to exceed $4,600.00
to the applicant Sitarambhai D. Bhakta for facade and associated exterior improvements to the
building site located at 207 W. Main Street in La Porte, Texas, operated by Mayuri Products, LLC;
the motion was seconded by Member McCaulley; the motion was adopted, 7-0.
d. Presentation, discussion, and possible action to elect a President and Vice-President for
the La Porte Development Corporation Board of Directors for the fiscal year beginning
October 1, 2022, and ending September 30, 2023. [Matt Daeumer, Assistant City Manager]
Member Earp moved to elect Richard Warren as President and Nancy Ojeda as Vice President of
the La Porte Development Corporation Board of Directors for the fiscal year beginning October 1,
2022, and ending September 30, 2023; the motion was seconded by Member McCaulley; the
motion was adopted, 7-0.
Page 3 of 3
September 26, 2022, La Porte Development Corporation Board of Directors Minutes
6. SET DATE FOR NEXT MEETING
The next meeting date was scheduled for October 24, 2022.
7. BOARD COMMENTS Hear announcements concerning matters appearing on the agenda; items of
community interest; and/or inquiries of staff regarding specific factual information or existing policy from
the Committee members and City staff, for which no formal action will be discussed or taken.
Members asked that proposals include information about details and offered support of improvements
to businesses along Main Street.
ADJOURN – The meeting was adjourned without objection at 5:30 p.m.
___________________________________
Lee Woodward, City Secretary
REQUEST FOR LA PORTE DEVELOPMENT CORPORATION BOARD
AGENDA ITEM
Agenda Date Requested: October 24, 2022
Requested By: Matt Daeumer, Asst. City Mgr
Department: Administration/CMO
Report Resolution Ordinance
Exhibits: 60-day Notice
SUMMARY & RECOMMENDATIONS
At the August 2, 2022 La Porte Development Corporation Board meeting, approval was
given for opening the 60-day public comment period on the fiscal year 2022-2023 CIP
expenditures. On August 11th, staff published the 60-day “notice” in the Bay Area
Observer and October 10th was the 60th day for comments. To-date staff has received
no comments on these projects.
The Board approved the appropriation of $2,425,000 in CIP projects for fiscal year
2022-2023. These projects consisted of:
2022-23 Fiscal Year
• Golf Course Fencing Project - $475,000
• Golf Course Pond Remediation - $150,000
• Golf Course Land Acquisition - $350,000
• Fairmont Park Ball Fields Restroom - $350,000
• Wave Pool Enhancements - $500,000
• Recreation Center Phase II Design - $250,000
• City-wide signage project Phase III - $350,000
Staff request the Board to hold a public hearing to receive feedback on these seven (7)
Capital Improvement Projects that were funded by the Board for FY 2022-23. At the
conclusion of the public hearing, based on the feedback received during the 60 -day
comment period, staff recommends approval from the LPDC Board for the FY 2022-23
projects.
ACTION REQUIRED BY LPDC BOARD
Conduct Public Hearing on the seven (7) Capital Improvement Projects (CIP):
Golf Course Fencing Project - $475,000, Golf Course Pond Remediation -
$150,000, Golf Course Land Acquisition - $350,000, Fairmont Park Ballfield
Restroom - $350,000, Wave Pool Enhancements - $ 500,000, Recreation Center
Appropriation
Source of Funds: Fund 015 Transfer
Account Number: 038-6030-565-9015
Amount Budgeted: $2,425,000
Amount Requested: $2,425,000
Budgeted Item: Yes No
Phase II Design - $250,000, City-wide Signage Project Phase III - $350,000 and
Approve CIP and the transfer of funds.
Approved for the La Porte Development Corporation Board meeting agenda
Corby D. Alexander, City Manager Date
Notice of Proposed Projects of the La Porte Development
Corporation Board (Type B)
Bay Forest Golf Course Fencing Project: Pursuant to Texas Local Government Code Section
505.160 notice is hereby given that the La Porte Development Corporation Board (Type B Board)
of the City of La Porte, Texas has proposed an official project related to recreational or community
facilities, in an amount not to exceed $475,000.00. The purpose of this project is to fund the
installation of new fencing on the perimeter of the Bay Forest Golf Course.
Bay Forest Golf Course Pond Remediation Project: Pursuant to Texas Local Government Code
Section 505.160 notice is hereby given that the La Porte Development Corporation Board (Type
B Board) of the City of La Porte, Texas has proposed an official project related to recreational or
community facilities, in an amount not to exceed $150,000.00. The purpose of the project is to
remediate the Bay Forest Golf Course pond depths and capacity back to their original state.
Bay Forest Golf Course Land Acquisition: Pursuant to Texas Local Government Code Section
505.160 notice is hereby given that the La Porte Development Corporation Board (Type B Board)
of the City of La Porte, Texas has proposed an official project related to recreational or community
facilities, in an amount not to exceed $350,000.00. The purpose of this project is for the purchase
of a parcel of land adjacent to the entrance to the Bay Forest Golf Course for future development
of a new club house and events center.
Fairmont Park Ball Fields Restroom: Pursuant to Texas Local Government Code Section 505.160
notice is hereby given that the La Porte Development Corporation Board (Type B Board) of the
City of La Porte, Texas has proposed an official project related to recreational or community
facilities, in an amount not to exceed $350,000.00. This project will demolish, remove and replace
the existing bathroom and concession structure at the Fairmont Park Ball Fields.
Signage Project – Phase III: Pursuant to Texas Local Government Code Section 505.160 notice is
hereby given that the La Porte Development Corporation Board (Type B Board) of the City of La
Porte, Texas has proposed an official project related to recreational or community facilities, in an
amount not to exceed $350,000.00. The purpose of the project is to rebrand and enhance City of
La Porte gateway entrance signs, facility marquees, facility signage, and park signage.
Wave Pool Enhancements: Pursuant to Texas Local Government Code Section 505.160 notice is
hereby given that the La Porte Development Corporation Board (Type B Board) of the City of La
Porte, Texas has proposed an official project related to recreational or community facilities, in an
amount not to exceed $500,000.00. The purpose of the project is to fund future enhancements at
the wave pool in Little Cedar Bayou Park.
Recreation Center Phase II Design: Pursuant to Texas Local Government Code Section 505.160
notice is hereby given that the La Porte Development Corporation Board (Type B Board) of the
City of La Porte, Texas has proposed an official project related to recreational or community
facilities, in an amount not to exceed $250,000.00. The purpose of the project is to fund the design
of Phase II of the remodel of the La Porte Recreation and Fitness Center.
In accordance with Texas Local Government Code 505.160 the public has the right to gather a
petition to object to the proposed projects by requiring an election. The petition must request that
an election be held before the project is undertaken and must be signed by more than ten percent
(10%) of the registered voters of the City of La Porte. The petition must be received by the City of
La Porte not later than the sixtieth (60th) day after publication of this notice.
Please reach out to Matt Daeumer, Assistant City Manager at daeumerm@LaPorteTX.Gov or 281-
470-5012 with any questions or comments you may have.
REQUEST FOR LA PORTE DEVELOPMENT CORPORATION BOARD
AGENDA ITEM
Agenda Date Requested: September 26, 2022
Requested By: Matt Daeumer, Asst. City Manager
Department: CMO
Report Resolution Ordinance
Exhibits: Application packet, vendor quotes, photos,
and site plan, updated application, Incentive agreement
SUMMARY & RECOMMENDATION
In fiscal year 2009-10, the La Porte Development Corporation Board approved the
Enhancement Grant Program; since its inception the Board has budgeted $507,669.
To-date, a total of $252,662 has been disbursed to applicants for past approved and
completed enhancement grant projects. Additionally, the Board has no pending
enhancement grant projects to be disbursed. Therefore, the Board has an available
fund balance for future enhancement grant project in the amount of $255,007.
On September 26, 2022 the Board approved the below Enhancement Grant for
Sitaramhai D. Bakta for improvements to the Mayuri Products LLC business façade and
awning located at 207 W. Main Street in La Porte, Texas. I made two errors in the
original application and presentation. Mr. Bakta’s first name is Ishvar and we should
have asked for the award of $4,900.00 instead of $4,600.00. Therefore, I am bringing
the same presentation to the Board with the corrections and the Incentive Agreement.
Both corrections are reflected in the incentive agreement for consideration.
The applicant has provided the required bids with at least one bid from a local (La Porte)
vendor. Below are the results of his bid:
• Gomez Contracting (La Porte) - $23,050.00
• Texas FSG LLC (Pasadena) - $12,700.00
• DanVM Remodeling and Construction (Houston) - $9,800
Based on the submitted quotes, the lowest bidder is DanVM Remodeling and
Construction at a bid amount of $9,800. Therefore, staff estimates that the reimbursable
amount would be 50% of the quote at $4,900. Staff has provided documentation related
to the project and the applicant will be in attendance at the meeting to respond to any
questions or concerns on this project.
Appropriation
Source of Funds:
015 – General CIP
Enhancement Grant
Account Number: 015-9892-993-1100
Amount Budgeted: $255,007
Amount Requested: $4,900
Budgeted Item: Yes No
The applicant has met the requirements of the Enhancement Grant application;
therefore, staff recommends the Board approve this Enhancement G rant application
for a reimbursable amount not to exceed $4,900.
ACTION REQUIRED BY BOARD
Presentation, discussion and possible action to approve an enhancement grant
in the amount not to exceed $4,900 to the applicant, Ishvar D. Bhakta for the
enhancements for his business, Mayuri Products LLC, which is located at 207 W.
Main Street in La Porte, Texas.
Approved for the La Porte Development Corporation Board meeting agenda
Corby D. Alexander, City Manager Date
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE LA PORTE
DEVELOPMENT COPRPORATION, AND ISHVAR D. BHAKTA, FOR USE OF TYPE B
DEVELOPMENT CORPORATION SALES TAX FUNDS IN CONNECTION WITH THE
LA PORTE DEVELOPMENT CORPORATION ENHANCEMENT GRANT PROGRAM
THIS AGREEMENT made by and entered into this ____ day of October 2022,
between the La Porte Development Corporation, a Type B non-profit corporation
operating under authority of Texas Local Government Code Chapters 501 and 505,
hereinafter “LPDC”, and Ishvar D. Bhakta, hereinafter referred to as the “Recipient”.
WITNESSETH:
WHEREAS, the voters of the City of La Porte authorized the levying of additional
sales tax within the City to promote economic development and the LPDC is authorized
to use such tax revenues for certain qualifying projects and other economic development
related purposes; and
WHEREAS, the La Porte Development Corporation has established the La Porte
Enhancement Grant Program, the purpose of which is to offer financial incentives in the
form of matching grants to aid business establishments located in the City of La Porte,
Texas; and
WHEREAS qualifying applicants for matching grants under the La Porte
Enhancement Grant Program are eligible to use grant funds for building site
improvements including façade rehabilitation/enhancement, new awnings, canopies,
porches, and signage, beautification projects, and parking lot improvements as outlined
in the guidelines of the La Porte Enhancement Grant Program; and
WHEREAS, upon approval as a project of the La Porte Development Corporation,
the La Porte Development Corporation will provide to the qualifying applicant a subsidy
of up to one-half (1/2) of the cost of building site enhancements, up to a maximum match
amount of $50,000.00; and
WHEREAS, the Recipient owns commercial property located at 207 W. Main
Street, (the “Business Site” herein) for which Recipient wishes to make certain
improvements, hereinafter described, under an Enhancement Grant Program application;
and
WHEREAS, the Recipient wishes to renovate the Business Site by completing the
following projects: 1) removing and replacing the existing front door 2.) fixing a metal
sheet wall in the back of the building 3.) removing the existing siding and replacing with
hardy plank 4.) installing an awning, and 5.) replacing the gutters; which would result in
the expenditure by Recipient of an estimated $9,800.00 in capital improvements and
directly or indirectly support the employment of at least one (1) employee at the Business
Site, with one-half (50%) of such capital expenditure being eligible for reimbursement by
the La Porte Development Corporation, up to a maximum of $50,000.00; and
WHEREAS, the provision of financial incentives to the Recipient in connection with
a La Porte Enhancement Grant Program application would qualify as a project of the
LPDC for infrastructure, site improvements and other related improvements, as
authorized by Texas Local Government Code Chapters 501 and 505, and it is the desire
of LPDC to assist in the funding of same, finding that such expenditures will promote or
develop new or expanded business enterprises.
WHEREAS, Texas law and the by-laws of the LPDC require that certain
expenditures and projects by the LPDC be approved by the governing body of the City;
and whereas the LPDC Board has duly approved as a general project the Enhancement
Grant Program, with the condition that expenditures for any Enhancement Grant Program
project providing for a contribution of the LPDC Board greater than $25,000.00 must also
be authorized by the La Porte City Council; and
NOW THEREFORE, in consideration of the covenants and conditions stated
herein, and in consideration of the mutual benefits that will accrue to each of the parties
hereof, as well as to the citizens of the City of La Porte, Texas, the parties have agreed
and do hereby agree as follows:
ARTICLE I
In consideration of the Recipient making eligible and approved improvements to
the Business Site at 207 W. Main Street, La Porte, Texas, in connection with an
application under the La Porte Enhancement Grant Program, which program was
considered in that certain public hearing authorizing a proposed project for the
expenditure of LPDC funds for the promotion or development of new or expanded
business enterprises, held before the LPDC on 24 October, 2022, LPDC agrees to
provide the Recipient with a one-half (50%) matching grant payment in an amount not to
exceed $4,900.00, as a one-half (50%) match for Recipient’s capital expenditure of
$9,800.00, which $4,900.00 payment shall be distributed upon the attainment of the
following conditions:
1) Receipt by the LPDC of copies all applicable invoices and receipts of payment
for the same invoices for all project components for the Business Site, which
were previously approved by the LPDC Board, and have been completed,
2) Receipt by the LPDC of pictures showing proof of completion of each of the
project components for the Business Site previously approved by the LPDC
Board,
3) Receipt by LPDC of copies of all certificates and permits required by the City
of La Porte, Texas, if any, to the Recipient for completion of the renovated
Business Site;
4) Proof of minimum capital investment in the amount of $9,800.00 applied
towards eligible and approved improvements of the Business Site and related
infrastructure and site work. The renovation to the Business Site and related
infrastructure for which the required capital investment is made, must, at a
minimum, include the following scope of work, and in the amounts indicated:
Façade, siding and awning $9,800.00
$
Total $9800.00
5) Submission to LPDC of an employment roster evidencing that Recipient
employs at least one full-time or part-time equivalent individuals as employees
at the Business Site. Proof of employment, for purposes of this agreement,
shall require Recipient to produce a) copies of Recipient’s 941 Report to the
Internal Revenue Service and C3 Report to the Texas Workforce Commission
for each employee (but with social security numbers of each employee
redacted) and b) a notarized statement executed by Recipient’s Board of
Directors affirming that one (1) full time employee is employed by Recipient
for positions permanently located at Business Site.
6) In no case will the payment of $4,900.00 be made by the LPDC if all the
required items listed above are not delivered to and received by LPDC within
one (1) year from the date on which this agreement is approved by the Board
of the La Porte Development Corporation. In the case that all the required
items listed above for the Business Site are presented to LPDC on or before
said deadline, the LPDC shall convene a meeting of the LPDC Board of
Directors for a date no later than forty-five (45) days. Upon verification of the
completion of all project components by the LPDC Board for the Business Site,
as reflected by formal vote of the LPDC Board of Directors that the Recipient
has satisfied the requirements of this paragraph, LPDC will then remit the sum
of $4,900.00 to the Recipient within a period not to exceed thirty (30) days.
ARTICLE II
All funds received as herein provided shall be solely for the purpose of contributing
towards the Recipient’s costs in making eligible and approved improvements to the
Business Site.
The Recipient further acknowledges that the incentive grant provided for herein is tied to
a project of the LPDC for the promotion or development of new or expanded business
enterprises, as authorized by Texas Local Government Code chapters 501 and 505 .
ARTICLE III
Disbursement and/or retention of the cash incentive identified in Article I of this
Agreement shall be made as follows:
A. Disbursement shall be made to Recipient, subject to the satisfaction of the
conditions precedent or conditions subsequent contained within Article I of this
Agreement.
B. LPDC’s obligation to Recipient shall not exceed $4,900.00, nor shall LPDC be
obligated to reimburse Recipient for requests delivered to LPDC after the
termination of this Agreement.
ARTICLE IV
The Recipient understands that the funds paid to the Recipient by the LPDC are
derived from tax revenues collected under Texas Local Government Code 505.252, and
that LPDC has estimated the tax revenues to be collected during the term of this
Agreement. The Recipient further understands, acknowledges, and agrees that if the tax
revenue actually collected is less than 90% of the estimated tax revenues to be collected
in any fiscal year during the term of this Agreement, LPDC will be under no obligation to
provide funding to the Recipient for any payment or payments during or after the fiscal
year for which there is a revenue shortfall. Upon execution of the Agreement, funds will
be placed in a City of La Porte designated commitment account for purposes of this
Agreement.
ARTICLE V
In the event of any default by the Recipient hereunder, including, but not limited to,
use of the funds provided herein for purposes other than those stated in Article I of this
Agreement, LPDC may cease all future payments hereunder and terminate this
Agreement. In addition, LPDC shall have the right to reclaim and recapture, and the
Recipient shall refund, any funds that are not spent in accordance with the terms of this
Agreement, including 1) LPDC funds spent by the Recipient in contravention of this
Agreement and 2) any LPDC funds previously paid to the Recipient but not yet spent by
Recipient. In each such case, the previously paid cash payment or payments shall be
remitted to the LPDC within sixty (60) of receipt of written demand for same.
Any breach of this covenant shall be grounds for immediate termination of the
distribution of funds.
ARTICLE VI
The term of this Agreement will expire one (1) year from the date on which the
Board of the La Porte Development Corporation approved the enhancement grant for
Recipient.
ARTICLE VII
All funds provided by the LPDC pursuant to this Agreement may be used only for
the purposes authorized by this Agreement. Notwithstanding Article I, above, City shall
be under no obligation to make any fund disbursements if the reports required under this
Article have not been delivered to the LPDC.
ARTICLE VIII
This Agreement does not create any joint venture, partnership, or agency
relationship between the LPDC and the Recipient. The Recipient shall have exclusive
control of, and the exclusive right to control the details of the work to be performed by the
Recipient hereunder and all personnel performing same and shall be solely responsible
for the acts and omissions of its officers, m embers, agents, servants, employees,
subcontractors, program participants, volunteers, licensees, and invitees. In no event
shall any person participating in or performing any of the Recipient’s duties or
responsibilities hereunder be considered an officer, agent, servant, or employee of the
LPDC.
ARTICLE IX
The Recipient agrees to assume and does hereby assume all responsibility and
liability for damages sustained by persons or property, whether real or asserted, by or
from the carrying on of work by the Recipient or in the performance of services performed
and to be performed by the Recipient hereunder. The Recipient covenants and agrees
to, and does hereby indemnify, defend, and hold harmless LPDC and all their respective
officers, agents, and employees from all suits, actions, claims, and expenses of any
character, including attorney’s fees, brought for or incurred on account of any injuries or
damages, whether real or asserted, sustained by any person or property by or in
consequence of any intentional or negligent act, omission, or conduct of the Recipient, its
agents, servants or employees.
ARTICLE X
This Agreement may be amended by the mutual agreement of the Parties hereto
in writing to be attached to and incorporated into this Agreement.
ARTICLE XI
The Recipient shall adhere to all local, state, and federal laws and regulations that
may affect its actions made pursuant to this Agreement, and shall maintain in effect during
the term of this Agreement any and all federal, state, and local licenses and permits which
may be required of Recipients generally.
ARTICLE XII
The Recipient may not assign this Agreement, or any of the benefits provided
herein including but not limited to incentive payments identified in Article I, without the
written consent of LPDC.
ARTICLE XIII
The waiver by LPDC of any breach of any term, condition, or covenant herein
contained shall not be deemed a waiver of any subsequent breach of the same, or any
other term, condition, or covenant.
ARTICLE XIV
The obligations of the Parties to this Agreement are performable in Harris County,
Texas and if legal action is necessary to enforce same, venue shall lie in Harris County,
Texas.
ARTICLE XV
This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas.
ARTICLE XVI
This Agreement may be executed in triplicate, each of which shall be deemed an
original and constitute one and the same instrument.
ARTICLE XVII
Neither LPDC nor the Recipient shall be required to perform any term, condition,
or covenant in this Agreement so long as such performance is delayed or prevented by
force majeure, which shall mean Acts of God, civil riots, floods, and any other cause not
reasonably within the control of LPDC or the Recipient except as herein provided, and
which by the exercise of due diligence LPDC or the Recipient is unable, wholly or in part,
to prevent or overcome.
ARTICLE XVIII
In submitting this application, the applicant whose signature appears below affirms
its intent and commitment to comply in full with Section 2264.052 of the Government
Code and certifies that it does not and will not knowingly employ an undocumented worker
during any time period associated with the public subsidy for which the application is
being submitted. The applicant further certifies its understanding and agreement that if it
is convicted of a violation of 8 U.S.C. Section 1324a(f), providing for civil and/or criminal
penalties for engaging in a pattern or practice of knowingly hiring or continuing to employ
unauthorized aliens, it shall repay the amount of the public subsidy with interest, at the
rate and according to the terms of the agreement signed under Section 2264.053 of the
Government Code, not later than the 120th day after the date the city notifies the business
of the violation.
ARTICLE XIX
The Agreement embodies the complete agreement of the parties hereto,
superseding all oral or written pervious and contemporary agreements between the
Parties, which relate to matters in this Agreement.
SIGNED AND AGREED to by LPDC and the Recipient on the dates indicated below.
LA PORTE DEVELOPMENT CORPORATION
__________________________
Richard Warren, President
___________________
Date
ATTEST
___________________________
Secretary of the Corporation
Ishvar D. Bhakta
By:
_________________________________
_________________________
Date
ATTEST
________________________________
REQUEST FOR LA PORTE DEVELOPMENT CORPORATION BOARD
AGENDA ITEM
Agenda Date Requested: October 24, 2022
Requested By: Matt Daeumer, Asst. City Mgr.
Department: Administration/CMO
Report Resolution Ordinance
Exhibits: Power Point
SUMMARY & RECOMMENDATIONS
After the May 23, 2022 meeting two board members asked to have a discussion on
strategic goals and plans of this body. It is also based on some of the recent training
material that has been provided to the Board. This is in an effort to focus our economic
development strategy where the board feels is important.
On June 27, 2022 we had a brief presentation on the City’s current environment and
focusing our efforts.
Staff would like to revisit this item and get further direction.
ACTION REQUIRED BY LPDC BOARD
Presentation, discussion, and possible action to provide direction to Staff on strategic
goals and plans of the La Porte Development Corporation for promotion of future
economic development in the City of La Porte.
Approved for the La Porte Development Corporation Board meeting agenda
Corby D. Alexander, City Manager Date
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: Yes No
ECONOMIC DEVELOPMENT STRATEGY
CURRENT ENVIRONMENT
Reviewing Applications for the open Economic Development
Coordinator
No recent clear vision or direction from the Board
Priorities from 2018 Comprehensive Plan Update:
2 tie –Strategic Downtown Improvements
4 tie –Business Retention and Expansion Program
4 tie –Business Incubator
Update for 2022 Comprehensive Plan has begun
STRATEGIC DOWNTOWN IMPROVEMENTS
Prepare a master plan for the Downtown area, including Main Street and
Sylvan Beach, the connections between, and the transition to adjacent
areas. This includes:
setting a clear and collectively supported vision;
determination of implementation framework to guide
new/reinvestment; and,
coordinating with previous work completed on marketing and
branding.
BUSINESS RETENTION AND EXPANSION PROGRAM
Examine coordinating with previous work completed on marketing and
branding, setting a clear and collectively supported vision;
Determine, through surveys or interviews, how the City can best
support existing businesses
Establish an action plan to address identified needs and challenges
Continue to support local event programming and marketing
PROGRAM PURPOSE
La Porte needs an Economic Development Vision
La Porte First: Retain existing business and industry
La Porte Easy: Remove barriers to conducting business with the City
La Porte Recruits: Make the City an attractive place for business
Focus efforts on what the Board and the City feel are important
IDEAS FROM ECONOMIC DEVELOPMENT 101
List of top 10 companies
Concierge Model
Planning/Permitting Software
Technical Scholarships –workforce development
Compare prices and tack on fees with other cities
Tax Increment Financing (TIF) for low income
New Market Tax Credits –Bring in business that we currently don’t have
Public Transportation –expand routes
DISCUSSION