HomeMy WebLinkAbout08-26-09 LPRDA/TIRZLa Porte Redevelopment Authority
La Porte Tax Increment
Reinvestment Zone
august 26, 2009
LA PORTE REDEVELOPMENT AUTHORITY
STATE OF TEXAS )(
COUNTY OF HARRIS )(
CITY OF LA PORTE )(
NOTICE IS HEREBY GIVEN OF THE MEETING OF THE LA PORTE REDEVELOPMENT AUTHORITY
TO BE HELD ON AUGUST 26, 2009 AT 6:30 P.M. IN CITY COUNCIL CHAMBERS, CITY HALL, 604
WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS
ACCORDING TO THE AGENDA LISTED BELOW:
1. Call to order — Lindsey Pfeiffer, President;
2. Consider approval of the minutes of Board of Directors Meeting:
a. August 27, 2008
b. May 27, 2009
3. Receive Nominations and Elect Officers;
4. Consider Fiscal Year 2008 La Porte Redevelopment Authority Audit;,�f
5. Consider La Porte Redevelopment Authority Fiscal Year 2009-10 Budget,
6. 'Ratify?Payments made La Porte Redevelopment Authority for Highway 146 Signal Project;
7. Consider Approval of 5% Payment to City of La Porte for Administrative Costs as Prescribed in the Tri Party
Agreement,
8. Consider Extension/Renewal of Agreement with Hawes Hill and Calderon LLP for Board Management and
Professional Services;
9. Receive and Discuss Reimbursement Agreement with La Porte 4b Corporation with regard to Sylvan Beach
Restoration Project; {
Y r '
10. Consider approval or other action with regard to authority invoices,`
11, Receive Staff report and updates with regard to Port Crossing, Lakes on Fairmont Green, Retreat at Bay
Forrest Development Project, progress of the signal/paving project, and Preserve at Taylor Bayou;
12. Board member comments;
a. Matters appearing on Agenda;
b. Inquiry of staff regarding specific factual information or existing policy
13. Adjournment.
THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR
ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS
PRIOR TO THIS MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020
OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION.
A POSSIBLE QUORUM OF CITY COUNCIL MEMBERS MAY BE PRESENT AT THIS MEETING AND
PARTICIPATE IN DISCUSSIONS BUT WILL NOT TAKE ANY ACTION.
David W. Hawes
Executive Director
Date Posted
E
LA PORTE REDEVELOPNIENT AUTHORITY,
CITY OF LA PORTE, TEXAS
AGENDA MEMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
2. Consider approval of the minutes of the Board of Directors meetings:
a. August 27, 2008
b. May 27, 2009
I
E
LA PORTE REDEVELOPMENPAUTnoRrrY
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 713-541-9906
La Porte Redevelopment Authority,
City of LaPorte, Texas
Minutes of the Board Meeting
Held August 27, 2008
1. CALL TO ORDER AND DETERMINATION OF A QUORUM
The Board of Directors of the La Porte Redevelopment Authority, City of La Porte, Texas, held a meeting, open to the
public, on the 27�6' day of August 2008, and meeting was called to order at 6:30 p.m. in the City Council Chambers of
the City Hall, 604 West Fairmont Parkway, La Porte, Texas 7751 and the roll was called of the duly appointed
members of the Board, to wit:
Peggy Antone
Position I
Dave Tumquist
Position 2
Alton Porter
Position 3
Horace Leopard
Position 4
Doug Martin
Position 5
JJ Meza
Position 6
Michael Say
Position 7
Chester Pool
Position 8
Lin Pfeiffer
Position 9 - Chairman
and all of the above were present except Director Say, thus constituting a quorum. Also present at the meeting were
John Joems, Michael Dolby, David Hawes, Gretchen Larson, Russell Plank, and Norman Reed.
2. Consider approval of the minutes of the February 27, 2008 Board of Directors meeting.
Upon a motion duly made by Director Porter and being seconded by Director Turnquist, the board unanimously
approved the minutes of February 27, 2007 meeting. x
3. Consider FY 2008-2009 Budget.
Mr. Hawes gave an overview of the proposed budget. Upon a motion duly made by Director Porter and being
seconded by Director Meza, the board unanimously approved the budget for FY 2008-2009.
4. Consider proposals for the preparation of Agreed -Upon -Procedure Reports for the reimbursement of
Developers.
Mr. Joems and Mr. Hawes explained the need for an Agreed -Upon Procedures Report for the reimbursement of
development costs for Port Crossing. There was general discussion. Upon a motion duly made by Director Martin
and being seconded by Director Leopard, the board unanimously approved hiring McCall Gibson to prepare the
Agreed Upon Procedures Report.
5. Receive Report, Discuss and to provide staff with direction to draft a reimbursement agreement for a
future agenda with regard to the Sylvan Beach Shoreline Rehabilitation Matching Grant.
Mrs. Larson gave a report to the board with regard to the Sylvan Beach Shoreline Project, She indicated that the
city was working with the General Land office and the county. She also indicated that since this is a project within
the TIRZ Plan and that the board will be asked to participate in the funding. No action was taken.
I
(. Receive report with regard to the Lakes of Fairmont Green ]Project as it relates to fencing, intersection
signalization and other related public improvements.
Mr. Joerns and Mr. Hawes gave the board an overview of the issues related to the Lakes of Fairmont Green
Project.
7. Consider approval or other action with regard to authority invoices.
Mr. Hawes gave an overview of the invoices. Upon a motion duly made by Director Martin and being seconded
by Director Porter, the board unanimously approved the invoices.
S. Staff report and updates.
Mr. flank updated the board on the status of Port Crossing. There was general discussion on the matter. No other
staff reports were given.
9. Board member comments.
There were no board comments.
10. ADJOURNMENT.
Board Chair Pfeiffer adjourned the meeting at 7:35 PM.
SIGNED:
TITLE,:
DATE:
I
ATTEST.
TITLE:
DATE:
La Porte Redevelopment Authority,
City of LaPorte, Texas
Minutes of the Board Meeting
Held May 27, 2009
CALL TO ORDER AND DETERMINATION OF QUORUM
The Board of Directors of the La Porte Redevelopment Authority, City of LaPorte, Texas, held a
meeting, open to the public, on the 27 h day of May 2009; the meeting was called to order at 6:30
p.m. in the City Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas; and the roll was called of the duly appointed members of the Board, to wit:
Peggy Antone
Position 1
Dave Turnquist
Position 2
Alton Porter
Position 3
Horace Leopard
Position 4
Doug Martin
Position S
JJ Meza
Position 6
Lloyd Graham
Position 7
Chester Pool
Position 8
Lin Pfeiffer
Position 9 - Chairman
and all of the above were present except Director Porter, Director Antone and Director Graham,
thus constituting a quorum. Also present at the meeting were Russell Plank (Port Crossing); John
Joerns, Debbie Westbeld and David Hawes.
Chairman Pfeiffer called the meeting to order at 6:30 p.m.
2. Consider approval of the minutes of the February 11, 2009 Board of Directors
meeting.
Upon motion made by Director Martin, seconded by Director Meza, the board voted
unanimously to approve the minutes as presented.
3. Consider Agreed -Upon Procedures Report with regard to project costs incurred by Port
Crossing Land, LP, a Texas limited partnership.
Mr. McCall gave an overview of the Agreed Upon, -Procedures Report as it related to the
documented project costs owed to Port Crossing. Upon motion made by Director Pool, seconded
by Director Leopard, the board voted unanimously to approve the Agreed -Upon Procedures
Report for Port Crossing.
4. Consider Reimbursement to Port Crossing Land, LP, a Texas limited partnership based
upon accepted Agreed -Upon Procedures Report with regard to project costs.
David Hawes gave an overview of the accounting detail related to the funds available to pay Port
Crossing based upon the previously approved Agreed -Upon Procedures Report. Mr. Hawes
recommended approval. Upon motion made by Director Meza, seconded by Director Turnquist,
the board voted unanimously to pay $826,186.83 from the Redevelopment Authority Fund to
Port Crossing.
5. Consider payment to City of La Porte in the amount of $100,000 for TIRZ and
Redevelopment Authority start-up costs.
Mr. Hawes and Mr. Joerns went over the purpose of the payment to the city. That being the City
of La Porte had advanced funds for the operation of the Redevelopment Authority and TIRZ in
the amount of $100,000 at no interest. Upon motion made by Director Martin, seconded by
Director Pool, the board voted unanimously to approve the payment of $100,000 to the City.
6. Consider approval or other action with regard to authority invoices.
Mr. Hawes presented the cash flow report and invoices. Upon motion made by Director Pool,
seconded by Director Meza, the board voted unanimously to approve the report and invoices for
payment as presented.
7. Receive Staff report and updates'with regard to Port Crossing, Lakes on Fairmont
Green, Retreat at Bay Forrest Development Project, progress of the signal/paving
project, and status of audit.
David Hawes gave an update on the audit and the progress being made. Mr. Joerns gave an
update on the SH 146/Wharton. Weems Project and that notice to proceed had been given to
Durwood Green (Contractor) to proceed. Mr. Plank updated the board that they had plans for
two more buildings, but are waiting for the economy to improve. Mr. Joerns gave the board an
update on the Lakes of Fairmont Green Project and discussed the sale of property to the La Porte
1SD. Mr. Joerns gave the board an update on the Retreat at Bay Forrest Project with regard to
.streets and drainage issues.
8. Board member comments
a. Matters appearing on Agenda
No Board Member Comments
9. Adjournment.
Director Turnquist moved to adjourn; Director Martin seconded. The meeting adjourned at 7:18
PM.
SIGNED:
TITLE:
DATE:
ATTEST:
TITLE:
DATE:
LA PORTE RE1]EVELOPMENT AvTHORITY,
CITY OF LA PORTE, TEXAS
AGENDA MEMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT; Agenda Item Materials
4. Consider Fiscal Year 200$ La Porte Redevelopment Authority audit.
LA PORTE REAEVELOPMENT AUTHORITY
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 713-541-9906
LA PORTE
REDEVELOPMENT AUTHORITY
ANNUAL FINANCIAL REPORT
SEPTEMBER 30, 2008
PATTILLO, BROWN & HILL, L.z,_P.
CERTIFIED PUBLIC ACC, UNTANTS 0 BUSINESS CONSULTANTS
LA PORTE REDEVELOPMENT AUTHORITY
TABLE OF CONTENTS
SEPTEMBER 30, 2008
Page
Number
Independent Auditors' Report ................................................................................................
1
Management's Discussion and Analysis...............................................................................
2-4
Basic Financial Statements:
Statement of Net Assets and Governmental Fund Balance Sheet ......................................
5
Statement of Activities and Governmental Fund Revenues,
Expenditures and Changes in Fund Balance....................................................................
6
Notes to Financial Statements ................
7-10
Required Supplementary Information:
Schedule of Revenues, Expenditures and Changes in Fund Balance —
Budget and Actual — General Fund........................................:.........................................
11
Notes to Required Supplementary Information..................................................................
12
s
PATTILLO, BROWN & HILL,L.L.1?.
CERTIFIED PUBLIC ACCOUNTANTS 2 BUSINESS CONSULTANTS
INDEPENDENT AUDITORS' REPORT
To the Board of Directors
of La Porte Redevelopment Authority
We have audited the accompanying financial statements of the governmental activities and each
major fund of La Porte Redevelopment Authority (the "Authority") as of and for the year ended
September 30, 2008, which collectively comprise the Authority's basic financial statements as listed in the
table of contents. These financial statements are the responsibility of the Authority's management. Our
responsibility is to express opinions on these basic financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America. Those standards require that we plan and perform the audit to obtain reasonable
assurance about whether the financial statements are free of material misstatement. An audit includes
examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements.
An audit also includes assessing the accounting principles used and significant estimates glade by
management, as well as evaluating the overall financial statement presentation. We believe that our audit
provides a reasonable basis for our opinions. M
In our opinion, the financial statements referred to above present fairly, in all material respects, the
respective financial position of the governmental activities and major funds of the Authority as of
September 30, 2008, and the respective changes in financial position for the year then ended in conformity
with accounting principles generally accepted in the United States of America.
The management's discussion and analysis and budgetary comparison information on pages 2
through 4 and pages 11 and 12 are not a required part of the basic financial statements but are
supplementary information required by accounting principles generally accepted in the United States of
America. We have applied certain limited procedures, which consisted principally of inquiries of
management regarding the methods of measurement and presentation of the supplementary information.
However, we did not audit the information and express no opinion on it.
February 25, 2009
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401 WEST HIGHWAY 6 0 P. O. BOX 20725 ■ WACO, TX 76702-0725 ■ (254) 772-4901 K FAX: (254) 772-4920 0 www.pbhcpa.eom
AFFILIATE OFFICES: BROWNSVILLE, TX (956) 544-7778 9 HILLSBORO, TX (254) 582-2583
TEMPLE, TX-(254) 791-3460 4 WHITNEY, TX (254) 694-4600 0 ALBUQUERQUE, NM (505) 266-5904
Management's Discussion and Analysis
As management of the La Porte Redevelopment Authority (the "Authority"), we offer readers of the
Authority's financial statements this narrative overview and analysis of the financial activities of the
Authority for the fiscal year ended September 30, 2008. We encourage readers to consider the
information presented here in conjunction with the basic financial statements which follow this section.
Overview of the Authority
The City of La Porte, Texas (the "City") authorized the creation of the La Porte Redevelopment
Authority (the "Authority") by the Resolution No. 2000-19 passed on December 11, 2000. The
Authority was set up as a local government corporation pursuant to provisions of Chapter 394 of the
Texas Local Government Code. The Authority is organized as a public nonprofit corporation for the
purpose of aiding, assisting, and acting on behalf of the City in the performance of its governmental
function to promote the common good and general welfare of Tax Increment Reinvestment Zone (the
"TIRZ") and neighboring areas and to promote, develop, encourage and maintain housing, educational
facilities, employment, commerce and economic development in the City. The Authority may issue
bonds with consent of City Council. The Authority is managed by a Board of Directors consisting of 9
members who are appointed by the Mayor with the approval of City Council.
Financial Highlights:
• The liabilities of the Authority exceeded its assets as of September 30, 2008, by
$(293,847) (i.e. Net assets deficit).
• The Authority's total net assets decreased by $293,847 during the year.
• Cash and investments equaled $321,179.
• Annual expenses consist of constructing of capital assets on behalf of the City and
administrative costs.
Overview of the Financial Statements:
This discussion and analysis are intended to serve as an introduction to the Authority's basic financial
statements. The Authority's basic financial statements comprise three components: (1) Management's
Discussion and Analysis (this section); (2) government -wide financial statements, which include the
fund financial statements, and (3) notes to the financial statements..
The financial statements include the Statement of Net Assets and Governmental Fund Balance Sheet and
Statement of Activities and Governmental Find Revenues, Expenditures and Changes in Fund Balance
that present information for the Authority as a whole and provide an indication of the Authority's
financial health.
2
The Statement of Net Assets presents information showing how the Authority's net assets changed
during the fiscal year. All changes in net assets are reported when the underlying event giving rise to the
change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported
in this statement for some items that will only result in cash flows in future fiscal periods (e.g.
uncollected taxes).
The Authority, like other state and local governments, uses fund accounting to ensure and demonstrate
compliance with finance related legal requirements. The Authority's funds are Governmental funds.
Governmental fund financial statements focus on current sources and uses of spendable resources, as
well as on balances of spendable resources available at the end of the fiscal year. Such information may
be useful in evaluating a government's near -tern financing requirements.
The financial statements can be found on pages 5 through 6 of this report.
The notes to the financial statements provide additional information that is essential to a full
understanding of the data provided in the financial statements. The notes to the financial statements can
be found on pages 7 through 10 of this report.
Financial Analysis:
As noted earlier, net assets may serve over time as a useful indicator of the Authority's financial
position. As of September 30, 2008, the Authority's liabilities exceeded assets by $293,847. Only one
year of government -wide information is available.
La Porte Redevelopment Authority's Net Assets
Assets
Long-term liabilities
Net assets:
Unrestricted
Total net assets (deficit)
2008
$ 321,179
615,026
( 293,847}
$ 293,847
Overall, the Authority had a decrease in net assets of $293,847. This decrease is primarily related to the
Authority constructing capital assets on behalf of the City.
El
3
La Porte Redevelopment Authority's Change in Net Assets
Revenues:
General revenues:
Property taxes $ 260,201
Intergovernmental 100,000
Interest 14,632
Total general revenues 374,833
Expenses:
General government 668,680
Total expenses 668,680
CHANGE IN NET ASSETS ( 293,847)
NET ASSETS, BEGINNING -
NET ASSETS, ENDING $ 293,847
Annual expenses consist of constructing capital assets on behalf of the City and administrative cost.
Budgetary Highlights
During the year, the Authority did not amend its budget. Expenditures were greater than appropriations
primarily due to construction expenditures on behalf of the City being greater than anticipated in the
current year.
Long-term Debt
The Authority owes $615,026 to the City of La Porte. During the year, the payable was reduced by
$46,974. More detailed information about the Authority's long-term debt is presented in the notes to the
financial statements.
Discussion of Currently Known Facts, Decision or Condition in Fiscal Year 2008:
As of January 1, 1999, the property tax base was $7,385,080. As of January 1, 2008, the tax
property
value is $73,258,653. The tax rate is $2.335 on each $100 of taxable value.
Requests for Information,
This financial report is designed to provide our citizens with a general overview of the Authority's
finances. If you have any questions about this report or need any additional information, please contact
David Hawes, P. O. Box 22167, Houston, Teas 77227.
4
LA PORTE REDEVELOPMENT AUTHORITY
STATEMENT OF NET ASSETS
AND GOVERNMENTAL FUND BALANCE SHEET
SEPTEMBER 30, 2008
Statement of
General
Adjustments
Net Assets
ASSETS
Cash and investments
$ 321,179
$ -
$ 321,179
Total assets
321,179
_
321,179
LIABILITIES
Due to City of La Porte
-
615,026
615,026
Total liabilities
-
615,026
615,026
FUND BALANCE/NET ASSETS
Fund balance:
Unreserved, undesignated
321,179
321,179
Total fund balance
321,179
321,179
Total liabilities and fund balance
$ 321,179
Net assets:
Unrestricted
( 293,847}
293,847
Total net assets
$ 293,847
$L_293,847}
i
The accompanying notes are an integral part of these financial statements.
5
LA PORTE REDEVELOPMENT AUTHORITY
STATEMENT OF ACTIVITIES
AND GOVERNMENTAL FUND REVENUES, EXPENDITURES
AND CHANGES IN FUND BALANCE
FOR THE YEAR ENDED SEPTEMBER 30, 2008
Expenditures/expenses:
Current:
General. government
Debt service:
Payment to the City of La Porte
Total expenditures/expenses
General revenues:
Property taxes
Intergovernmental
Interest
Total general revenues
Excess (deficiency) of revenues
over (under) expenditures
Change in feud balance/net assets
Fund balance/net assets:
Beginning
Ending
General
$ 668,680
46,974
715,654
260,201
100,000
14,632
374,833
340, 821
(340,821)
662,000
$ 321,179
Statement
Adjustments
$ - $ 668,680
46,974 -
46,974 668,680
260,201
100,000
14,632
374,833
340,821
46,974
662,000
$ 615,026
The accompanying notes are an integral part of these financial statements.
6
( 293, 847)
$ 293,847
LA PORTE REDEVELOPMENT AUTHORITY
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30, 2008
L SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Reporting;- Entity
The City of La Porte, Texas (the "City") authorized the creation of the La Porte
Redevelopment Authority (the "Authority") by the Resolution No. 2000-19 passed on
December 11, 2000. The Authority was set up as a local government corporation pursuant to
provisions of Chapter 394 of the Texas Local Government Code. The Authority is organized
as a public nonprofit corporation for the purpose of aiding, assisting, and acting on behalf of
the City in the performance of its governmental function to promote the common good and
general welfare of Tax Increment Reinvestment Zone (the "TIRZ") and neighboring areas and
to promote, develop, encourage and maintain housing, educational facilities, employment,
commerce and economic development in the City. The Authority may issue bonds with
consent of City Council. The Authority is managed by a Board of Directors consisting of 9
members who are appointed by the Mayor with the approval of City Council.
Government -wide and Fund Financial Statements
The government -wide financial statements (i.e., the statement of net assets and the statement
of activities) report information on all of the activities of the government. Governmental
activities are supported by property taxes and investment revenue.
The statement of activities demonstrates the: degree to which the direct expenses of a given
function are offset by program revenue. Direct expenses are those that are clearly
identifiable with a specific function. Program revenue includes 1) charges to customers or
applicants who purchase, use, or directly benefit from goods, services, or privileges provided
by a given function, and 2) grants and contributions that are restricted to meeting the
operational or capital requirements of a particular function. Property taxes and other items
not properly included among program revenue are reported instead as general revenue.
The government -wide and fund financial statements are provided for the governmental fund
of the Authority with a column for adjustments between the two statements.
Measurement Focus, Basis of Accounting; and Financial Statement Presentation
The government -wide financial statements are reported using the economic resources
measurement focus and the accrual basis of accounting. Revenue is recorded when earned
and expenses are recorded when# liability is incurred, regardless of the timing of related
cash flows. Property taxes are recognized as revenue in the year for which they are levied.
(continued)
7
I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Measurement Focus Basis of Accounting and Financial Statement Presentation (Continued)
Governmental fund financial statements are reported using the current financial resources
measurement focus and the modified accrual basis of accounting. Revenue is recognized as
soon as it is both measurable and available. Revenue is considered to be available when it is
collectible within the current period or soon enough thereafter to pay liabilities of the current
period. For this purpose, the Authority considers revenue to be available if collected within
60 days of the end of the current fiscal period. Expenditures generally are recorded when a
liability is incurred, as under accrual accounting. However, debt service expenditures, are
recorded only when payment is due.
The Authority reports the following major governmental fund:
The General Fund is the Authority's primary operating fund. It accounts for all
financial resources of the general government, except those required to be
accounted for in another fund.
Private -sector standards of accounting and financial reporting issued prior to December 1,
1989, generally are followed in the government -wide financial statements to the extent that
those standards do not conflict with or contradict guidance of the Governmental Accounting
Standards Board.
Assets Liabilities and Net Assets or E uit
Receivables and Payables
Property taxes are levied on October 1 and attach as an enforceable lien on property as of
January 1. Statements are mailed on October 1, or as soon thereafter as possible, and are
due upon receipt. All unpaid taxes become delinquent if not paid before February 1 of
the following year.
Governmental funds report deferred revenue in connection with receivables for revenue
that is not considered to be available to liquidate liabilities of the current period.
Governmental funds also defer revenue recognition in connection with resources that have
been received, but not yet earned. As of September 30, 2008, the Authority does not have
property taxes receivable or deferred revenue.
Long-term Obligations
In the government -wide financial statements, long-term liabilities are reported as
liabilities in the governmental activities statement of net assets. In the fund financial
statements, governmental fund types recognize the long-term obligation as other
financing sources, during the current period.
(continued)
8
L SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Assets Liabilities and Net Assets or Equity (Continued)
Fund Equity
In the fund financial statements, governmental funds report reservations of fund balance
for amounts that are not available for appropriation or are legally restricted by outside
parties for use for a specific purpose. Designations of fund balance represent tentative
management plans that are subject to change. As of September 30, 2008, the Authority
does not have reservations or designations of fund balance.
Net Assets
Net assets represent the difference between assets and liabilities. Net assets are reported
as restricted when there are limitations imposed on their use either through the enabling
legislations adopted by the Authority or through external restrictions imposed by
creditors or laws or regulations of other governments.
Estimates
The preparation of financial statements, in conformity with generally accepted accounting
principles, requires management to make estimates and assumptions that affect the reported
amounts of assets and liabilities and disclosures of contingent liabilities at the date of the
financial statements and the reported amounts of revenue and expenses during the reporting
period. Actual amounts could differ from those estimates.
2. STEWARDSHIP AND ACCOUNTABILITY
Budgetary Information
Expenditures exceeded appropriations by $384,122. This overrun was covered with existing
fund balance.
Deficit Net Assets
A net asset deficit of $293,846 exists as of September 30, 2008. This deficit is the result of
the Authority borrowing money .from the City of La Porte to finance capital improvements.
As of September 30, 2008, the amount outstanding that was used to finance construction of
assets was $615,026.
I
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3. DETAILED NOTES ON ALL FUNDS
Deposits
Custodial Credit Risk In the case of deposits, this is the risk that in the event of a bank
failure, the Authority's deposits may not be returned to it. State statutes require that all
deposits in financial institutions be fully collateralized by U. S. Government obligations or its
agencies and instrumentalities, or direct obligations of Texas or its agencies and
instrumentalities that have a fair value of not less than the principal amount of deposits. As
of September 30, 2008, $221,179 of the Authority's $321,179 deposit balance was
collateralized with securities held by the pledging financial institution. The remaining
balance, $100,000, was covered by FDIC insurance.
Long-term Obligations —Due to the Ciq of La Porte
The City of La Porte financed capital improvements on behalf of the Authority. A payment
schedule has not been determined between the City and the Authority. Long-term liability
activity for the year ended September 30, 2008, was as follows:
Beginning Ending
Balance Additions Reductions Balance
Governmental activities:
Due to the City of
La Porte
$ 662,000
$ 662,000
$ - $
46,974
$
615,026
$ - $
46,974
$
615,026
10
REQUIRED
SUPPLEMENTARY INFORMATION
LA PORTE REDEVELOPMENT AUTHORITY
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
GENERAL FUND
FOR THE YEAR ENDED SEPTEMBER 30, 2008
Variance with
Final Budget
Budgeted Amounts
Actual
Positive
Original
Final
Amounts
(Negative)
REVENUES
Property taxes
$ 121,439
$ 121,438
$ 260,201
$ 138,763
Intergovernmental
231,348
231,348
100,000
( 131,348)
Interest
-
-
14,632
14,632
Total revenues
352,786
352,786
374,833
22,047
EXPENDITURES
Current:
General government
331,532
331,532
668,680
{ 337,148)
Debt service:
Payment to the City of La Porte
-
-
46,974
46,974
Total expenditures
331,532
331,532
715,654
384,122
Change in fund balance/net assets
21,254
21,254
{ 340,821)
( 362,075)
FUND BALANCE, BEGLNNLNG
662,000
662,000
662,000
-
FUND BALANCE, ENDING
$ 683,254
$ 683,254
$ 321,179
$( 362,075)
11
LA PORTE REDEVELOPMENT AUTHORITY
NOTES TO REQUIRED SUPPLEMENTARY INFORMATION
SEPTEMBER 30, 2008
BUDGETARY INFORMATION
An annual budget is adopted on a basis consistent with generally accepted accounting principles.
The legal level of control is a fund.
Expenditures exceeded appropriations by $384,122, This overrun was covered with existing fund
balance.
i
[IPA
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
AGENDA MEMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda. Item Materials
5. Consider La Porte Redevelopment Authority Fiscal Year 2009-2010 budget.
VA
RE
LA PORTE REnEvFLoPMENT AuTHopi y
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 713-541-9906
La Porte Redevelopment Authority
Tax Increment Reinvestment Zone Number One
City of La Porte
FY 2009-10
Proposed Budget
2008-09
2009-10
Approved
2008-09
Proposed
Budget
Estimated
Budget
Revenues:
Beginning Fund Balance
$ 289,059
$
321,179
$
204,068
City Transfer of TIRZ (Previous Years)
$ -
$
-
$
-
Estimated TIRZ Revenues
$ 309,774
$1,334,099
$1,400,804
Interest on City TIRZ Funds
$ 10,000
$
5,365
$
2,500
Estimated TIRZ Developer Advances
$ -
$
-
$
-
Lakes of Fairmont Greens
$1,200,000
$
200,000
$
-
Retreat at Bay Forest
$ -
$
-
$
-
Port Crossing
$ -
$
200,000
$
-
Total Revenues
$1,808,832
$
2,060,643
$1,607,373
TIRZ. M&O Expenses:
Administration and Project Management $ 42,000
$
41,500
$
42,000
Legal
$ 5,000
$
-
$
5,000
Agreed Upon Procedures Reports
$ 7,500
$
5,000
$
7,500
Annual Audit
$ 3,500
$
3,000
$
9,000
Operating Expenses
$ 2,500
$
1,636
$
3,000
Bank Expenses
$ 50
$
130
$
60
City Loan Repayment
$ 100,000
$
100,000
$
-
Total Expenses
$ 160,550
$
151,266
$
66,560
Transfers
City Administration
Educational Facilities
Total Transfers
Capital Improvements
City CIP Trunk Line Project
TIRZ Developer Projects
Lakes of Fairmont Greens
Retreat at Bay Forest
Port Crossing
Ending Fund Balance
$
15,489
$
39,350
$
44,965
$
59,736
$
232,633
$
244,264
$
75,226
$
271,983
$
289,229
$ 1,200,000 $ 200,000 $ -
$1,233,327 $1,058,177
$1,200,000 $1,433,327 $1,058,177
$ 373,058 $ 204,068 $ 193,407
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
AGENDA MEMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM, Executive Director
SUBJECT: Agenda Item Materials
6. Ratify Payments La Porte Redevelopment Authority Made for Highway 146 Signal Project,
The following invoices were received and approved by the City of La Porte for payment from the
Construction Account:
Pay Application No. 1, Durwood Greene Construction Company $170,271.09
Coastal Testing Laboratories, Inc. 5,055.50
Total $175,326.59
Supporting documentation is provided in, the following agenda section,
LA FORTE REDEVELOP1AtNT AUTnoRrrY
c/o Halves Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 713-541-9906
uwa�.uc�ct,
City of La Porte
Established 1892
June 12, 2009
Mr. David Hawes
0
Hawes Hill Calderon
10103 Fondren, #300
Finusto3 s, Texas 770,06
RE: SH 146 at Wharton Weems Blvd. Torn Lane — Pay Application
Dear David,
The attached pay estimate has been reviewed by the City of La Porte and it has been approved for
modification_ The pay application has been reduced by $4,500. A payment of
PaYment
$170,271.09 ' recommended. Please process the enclosed pay application upon receipt.
Sin ereiy,.
t.
e eld
Economic Development Coordinator
cc: John Joerns, Assistant City Manager
C�
f�
f
E
604 W. Fairmont Pkwy. • - La Porte, Texas 77571 9 (281) 471-5020
CITY OF LA PORTE PLANNING DEPARTMENT
604 W. Fairmont Parkway, La Porte, TX 77571
www. ci.1 a -pone. tx. us
Phone.: (281) 471-50201 Fax (281) 470-5005
June 11, 2009
Danny Marcheli
Durwood Greene Construction Co.
P.O. Box 1338
Stafford, Texas 77497-1338
Re: SH 146 at Wharton Weems Blvd. Turn Lane - Pay Application
Dear Marcheli,
The City of La Porte is in receipt of pay application No.1 and it has been approved for payment with
modification. The pay application has been reduced by$4,500. The reason for the reduction is line
items # 30 and #31 have not been performed on this project. The pay application is currently being
forwarded onto David Hawes for processing.
1f you have question or concerns please give me a call at 281-470-5065
Sincerely,
zzy4e���-::��-
Reagan McPhail
Public Improvements Coordinator
cc: David Hawes
V
URWOOD
10REENE
CONSTRUCTION CO.
P.O. Box 1338 Stafford, Texas 77497-1338 (281) 499-1551
LETTER OF TRANSMITTAL
Date: June 3, 2009
TO: Port Crossing Land, L.P_
Attn: Mr. Ryan Lovell
Fax (281) 499-1525
Re: SH 146 at V1'harton Weems Blvd
Right Turn Lane & U-turn Lane
Jots Number: DG 1591
No. Action
Copies Description Required
1 Pay Estimate No. 1 Submittal
1 Partial/Final Waiver of Lien - `-- — Submittal
Remarks.
Copy To:
Sincerely yours,
Danny Marcheli
Construction Manager
rJ A
ir, x
CONTRACTOR: Durwood Greene Construction Co.
P. O. Box 1338
Stafford, Texas 77497-1338
ENGINEER: Jones & Carter, Inc.
6335 Gulfton, Suite 100
Houston, Texas 77081
OWNER: Port Crossing Land, LP
c/o Jones & Carter, Inc.
6335 Gulfton, Suite 100
Houston, Texas 77081
PROJECT: SH 146 at Wharton Weems Blvd
Right Turn Lane and U-Turn Lane
in La Porte, Texas
CONTRACT UNIT CONTRACTI COMPLETEDTODATE POMPLETE
ITEM DESCRLP_TION UfUIT OUANTI CY PRICE AMOUNI QU6 AMOUN I QUA
GENERAL ITEMS
1 MOVE -IN & START-UP, INCL BONDS LS 1.00 15,000.00 15,000.00
2 PREPARATION OF R-O-W AC 1.00 12,000.00 12,000.00
TEMPORARY TRAFFIC CONTROL
3 TEMPORARY 4" SLD WK ZN PAV MRKG LF 776.00 2.00 1,552.00
4 TEMPORARY TRAFFIC CONTROL LS 1.00 15,000.00 15,000.00
PAVING & ROADWAY
5
EXCAVATION OF ROADWAY & CHANNEL
CY
1,360.00
6
EMBANKMENT (DENS CONT) (TY C)
CY
785.00
7
CONCRETE CURB (DOWEL)
LF
1,335.00
8
REMOVAL OF CONCRETE CURB
LF
880.00
9
LIME TREAT 6" SUBGRADE, INCL MIX & COMPACT
SY
2,010.00
10
LIME FOR SUBGRADE (30 LB/SY)
TON
30.00
11
CEMENT TREATED 6" BASE, INCL MIX & COMPACT
SY
2,010.00
12
ASPHALT TREAT 8" STABILIZED BASE (BLACK BASE)
TON
337.00
13
ASPHALT TREAT i" STABILIZED BASE (BOND BRKR)
TON
53.00
14
HMAC 1.5" LEVEL -UP
TON
70.00
15
HMAC 1.5" SURFACE
TON
70.00
16
CONCRETE PAVEMENT (CRCP) (10")
SY
831.00
PAVEMENT MARKINGS
17
INSTALL PROJECT SIGNS
EA
4.00
18
TYPE I PAV MRKG, 8" SLID WHITE (THERMO)
LF
660.00
19
TYPE I PAV MRKG, WHITE YIELD TRIANGLE (THERMO)
LF
24.00
06/02/2009 04:50:49 PM
15.00
20,400.00
15.00
11,775.00
7,00
9,345.00
7.00
6,160.00
5.00
10,050,00
170.00
5,100.00
17.00
34,170.00
85.00.
28,645.00
180.00
9,540.00
200.00
14,000.00
200.00
14,000.0C
69.00
57,339.00
600.00
2,400.0C
3.00
1,980.0C
25.00
600.0C
1 of 3
1.00 15,000.00
1,00 12,000.00'
776.00 1,552.00
0.85 12,760.00
1,360.00 20,400.00
785.00 11,775.00
0.00
0.00
880.00
6,160.00
2,010.00
10,050.00
30.94
5,259.80
2,010.00
34,170.00
377.14
32,056.90
52.73
9,491.40
0.00
0.00
0.00
0.00
0.00
0.00
4.00 2,400.00
0.00 0.0C
0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
DATE: 31-May-09
INVOICE NO.: 200905-132
JOB NO.: 1691
EST. NO.: 1
UUI QUANTI CY
0.00 1.00
0.00 -1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.0a
T
AMOUNT
15,000.00
12,000.00 R
776.00
1,552.00
0.85
12,750.00
1,360.00
20,400,00
785.00
11,775.00
0.001
0.00
880.00
6,160.00
2,010.00
10,050.00
30.94
5,259.80
2,010.00
34,170.00
377.14
32,056.90
52.73
9,491.40
0.00
0.00
0.00
0.00
0.00
0.00
0.00 4.00 2,400.00
0.00 0.00 0.00
0.00 0.00 0.00
1591 - SH 146 at Wharton Weems RTC & U-T.123
L'
1591
CONTRACTOR: Durwood Greene Construction Co.
P. O. Box 1338
Stafford, Texas 77497-1338
ENGINEER: Jones & Carter, Inc.
6335 Gulfton, Suite 100
Houston, Texas 77081
ITEM 0E�81P�
20 TYPE I PAV MRKG, WHITE ARROW (THERMO)
21 TYPE I PAV MRKG, WORD "ONLY' (THERMO)
22 TYPE I PAV MRKG, 24" SLD YELLOW (THERMO)
23 RAISED PAV MRKRS (TYPE II C-R)
24 PAV SURF PREP, 8"
25 PAV SURF PREP, YIELD LINE
26 PAV SURF PREP, "ONLY'
27 PAV SURF PREP, ARROW
28 ELIMINATE EXIST PAV MRKRS (4")
29 ELIMINATE EXIST PAV MRKRS (ARROW & WORD)
SWPPP
30 INSTALLIMAINTAIN CONSTRUCTION ACCESS
31 REMOVE CONSTRUCTION ACCESS
32 COMPOST (TOPSOIL) (BOS OR PB) (4")
33 DRILL SEED (PERM) (URBAN) (SANDY)
34 FERTILIZER
35 VEGETATIVE WATERING
36 TEMPORARY SEDIMENT CONTROL BARRIER, INLET
ADDITION L ITEMS
37 SMALL RDSD SIGNS (TY 10BWG 1 SA P)
36 DITCH CLEANING & RE -SHAPING
STORM SEWER
06/02/2009 04:50:49 PM
OWNER: Port Crossing Land, LP
c!o Jones & Carter, Inc.
6335 Gulfton, Suite 100
Houston, Texas 77081
PROJECT: SH 146 at Wharton Weems Blvd
Right Turn Lane and U-Turn Lane
in La Porte, Texas
CONTRACT UNIT CONTRACT C OMPI
FTED TO
DAL
AMQ�I
UNIT
QUANTITY P, RICE AM4U.NT QUANTITY
EA
4.00 200.00 800.00
0.00
0.00
EA
4.00 200.00 800.00
0.00
0.00
LF
0,00 10.00 0.00
0.00
0.00
EA
53.00 5.00 265.00
0.00
0.00
LF
660.00 0.05 33.00
0.00
0.00
LF
24.00 30.00 720.00
0.00
0.00
EA
4.00 20.00 80.00
0.00
0.00
EA
4.00 20.00 80.00
0.00
0.00
LF
520.00 1.00 520.00
'
0.00
0.00
EA
2.00 50,00 100.00
0.00
0.00
SY
450.00 7.00 3,150.00
450.00
3,150.00
SY
450.00 3.00 1,350.00
450.00
1,350.00
SY
1,140.00 2.00 2,280.00
0,00
0.00
SY
990.00 1.00 990.00
0.00
0.00
At,
_ 1.40 700.00 980.00
0.00
0.00
MG
1.40 500.00 700.00
0.00
0,00
LF
160.00 7.00 1,120.00
0.00
0.00
EA 8.00 600.00. 4,800.00 0.00 O.00
LF 230.00 4.00 920.00 0.00 0.0c
2 of 3
DATE:
31-May-09
INVOICE NO.:
200905-132
JOB NO.:
1691
EST. NO.:
1
QUANTITY
0.00
AMOUNL
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.0c
0.0c
0.0c
P
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
o.o0
0.00
0.00
0.00
0.00
0.00
450,00
450.00
0,00
0.00
0.00
0.00
0.00
3,150.00
1,350.00
0.00
0.00
0.0C
0.0C
0.0c
0.00 0.00 0,00' 0.00
0.00 0.00 0.00 0.00
1591 - SH 146 at Wharton Weems RTL & U-T.123
CONTRACTOR: Durwood Greene Construction Co.
P. O. Box 1338
Stafford, Texas 77497-1338
ENGINEER: Jones & Carter, Inc.
6335 Gulfton, Suite 100
Houston,Texas 77081
ITEM QEaQB2jQN
39 24" RCP (CL 111) & CONNECT TO EXIST 24" RCP
40 INLET (COMPL) (TY C1)
41 REMOVE INLET FROM EXIST 24" RCP
Tolai Amount Earned To Date
Less 10% Retention
Net Amount Due Alter Retention
Less Previous Estimates
Net Amount Due
OWNER:
Port Crossing Land, LP
c/o Jones & Carter, Inc.
6336 Gulfton, Suite 100
Houston, Texas 77081
PROJECT:
SH 146 at Wharton Weems Blvd
Right Turn Lane and U-Turn Lane
in La Porte, Texas
CONTRACT
UNIT CONTRACT QoMpLEJEQj�Q DAIE
AMOUNT
MAN-=
UNIT QUANTITY
PRICE AM9.LENI
QUANTITY
LF 85.00
105.00 8,925.00
85.00
8,925.00
0.00
EA 2.00
3,000.00 6,000.00
2.00
6,000.00
0.00
EA 2.00
600.00 1,200.00
2.00
1,200.00
0.00
GRAND TOTAL
304.669.00
193,699.10
193,690,10
(19,369,01)
174,321.09
1_. 74,321.09
DATE:
31-May-09
INVOICE NO.:
200905-132
JOB NO..
.16911
EST. NO.:
'I
UNI
QUANTITY AMOUNT
0.00
65.00 8,925.00
�T
0,00
2.00 6,000.00
0.00
2.00 1,200.00
,T_..
0.00 1"$3,ii90.0 l���l9d"
0.00 -l-74,321.09 1'70 9,
0. 00 1743=21:09- Z0�J-7,
1591 - Shi 146 at Wharton Weems RTL & U-T.123
3013
0610,212aGg 04:50:49 PM - -
PARTIALIFINAL WAIVER OF LIEN
STATE OF TEXAS
COUNTY OF FORT BEND
The undersigned contracted by Port Crossing Land L.P. to furnish labor and materials in connection with certain
improvements to real property located in La Porte, Texas and owned by Port Crossing Land L.P. which
improvements are described as follows:
SH 146 at Wharton Weems Boulevard in La Porte, Texas
Right Turn Lane and U-turn Lane
In consideration of Pay Estimate No. 1 in the amount of One Hundred Seventy Four Thousand Three Hundred
Twee One and 091100 DOLLARS ($ 174,321.09) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged and confessed, the undersigned does hereby waiNe and, release any
mechanics' lien or materialmen's lien or claims of lien that the undersigned has or hereafter has on the
above -mentioned real property on account of any labor performed or materials furnished or to be furnished or labor
performed and materials furnished by the undersigned pursuant to the above -mentioned contract or any constitutional
lien that the undersigned may have.
Undersigned hereby guarantees that all bills for labor performed and/or materials furnished in the erection and
construction. of such improvements on the Property have been fully paid and satisfied and Undersigned does further
guarantee that if for any reason a lien or liens are filed for material or labor against said Property arising out of any
bills for material or labor in connection with the erection or construction of said improvements thereon, Undersigned
will obtain a settlement of such lien or liens and a proper release thereof shall be obtained. G,
Durwood Greene Construction Co.
CONTRACTOR
By:
Stephen W. Maynard
Vice President
SWORN TO AND SUBSCRIBED BEFORE ME, on this the 3rd day of June, 2009, to certify which witness my
hand and seal of office.
e�
TAR' PUBLIC in and for the to of TEXAS
My Commission Expires: i t S ti r
City of La Porte
Established 18 2
August 7, 2009
Mr. David Hawes
Hawes Hill Calderon
10103 Fondren, #300
Houston, Texas 77096
RE: SH 146 at Wharton Weems Blvd. Turn Lane — Pay Application
Dear David,
The attached 3 invoices have been reviewed by the City of La Polte and have been approved
for payment. A total payment of $5,055.50 is recommended. Please process the enclosed pay
applications upon receipt.
Sin ely,
De ie Westbeld
Economic Development Coordinator
cc: John Joems, Assistant City Manager
Check No*
Date 8112 /?D.Rq_ 0110
To Coas t-a 1 Tpc, H nn
For Laboratories Inc
nv ,
Tax Deductible
Previous Balance
Deposits
Check Amount 5055 SO
Balance Forward
New Balance
y
IN
Gay of La Porte
..........
Established 1892
August 7, 2009
Mr. David Hawes
Hawes Hill Calderon
10103 Fondren, #300
Houston, Texas 77096
RE: SH 146 at Wharton Weems Blvd. Turn Lane — Pay Application
Dear David,
The attached 3 invoices have been reviewed by the City of La Porte and have been approved
for payment. A total payment of $5,055.50 is recommended. Please process the enclosed pay
applications upon receipt.
Singqely,
P
^.k
De ie Westbeld
Economic Development Coordinator
cc: John Joems, Assistant City Manager
604 W. Fairmont Pkwy. La Porte, Texas 77571 (281) 471-5020
AC� ___COASTAL TESTINGLABORATORIES, I
PASADENA 713-477-0121 • FAX 713-477-2277 • P_O. BOX 87653 • HOUSTON, TEXAS 77287-7653
I TO: I
CITY OF LAPORTE
JOENJOERNS
604 W. FA.IRMONT PARKWAY
LAPORTE, TEXAS 77571
AUG 04 2009
MANAGER'S
OFFICE
Statement
DATE
8/3/2009
AMOUNT DUE
AMOUNT ENC.
$5,055.50
DATE
TRANSACTION
AMOUNT
BALANCE
06/30/2009
Balance forward
4,127.50
07/31/2009
tW #102410. Due 08/30/2009.
928.00
5,055.50 I
r
I
4
I
II
I
CURRENT
1-30 DAYS PAST
31-60 DAYS PAST
61-90 DAYS PAST
OVER 90 DAYS
AMOUNT DUE
DUE
DUE
DUE
PAST DUE
928.00
1,495.50
2,632.00,
0.00
0.00
$5,�55.50
r/L COASTAL TESTING LABORATORIES, INC.
PASADENA 713.477-0121 • FAX 713477-2277 • P.O. BOX 87653 HOUSTON, TEXAS 77287-7653
Date -Report# 1 Qt/ j Min Qty
090602-20397
3
4
8
8
-
1
1
1s.1.
1
1
1
1
090611-20504
1.5
1.5
4
4
12
1
1
090618 20598;
2 >_
:4
4 „
4
I
Invoice
Date ;Invoice#,
6130/2009. 102194
Description I Rate I Amount
RiGHT.TURNLANE STATE HIGHWAY 1.46
AT WHARTON WEEMS ROAD
TECHNICIAN HOURLY QVUN.4)
3.8.00
152.00
IN PLACE DENSTTI' (MIN. 4) ;
20:00
150.00
EXTRACTION AND GRADATION
.125.00
125.00
ASPHALT MOLDING
39.00
39.00
BULK DENSITY - LAB MOLDED
40.00
40.0.0
HVEEM. STABILITY SET
65.00
..` 65.00
MAXIMUM THEORETICAL: SPECIFIC
60.00
60.00
GRAVITY.
VEHICLE CHARGE
75.60
75.00
TECHNICIAN OVERTIME
57.60
85.50
TECHNICIAN `>
38.00
152.00
CYLINDERS .'
15.00
1SD:00
VEMCLE.CI ARGE
75.00
75.00
TECHNICIAN, HOURLY (MIN 4)
38.00
152.00
GYLINDEk§ ,' _ :. "
15 00
60.00
VEHICLE CHARGE
7500
75.00
T7?ere is a finance charge;of 1 5%per month on any invoice not paid Tv - in 30
U
-'L COASTAL TESTING LABORATORIES, INC.
PASADENA 713-4774121 • FAX 713-477-2277 • PO. BOX 87653 • HOUSTON, TEXA5 77287.7653
Date -Report ## I Qty 1 Min Qty
090520-20231=
2 ;:
2
TECE
2`
TECP
2
2
PERC
1 :
1
VEM
090522-20274.
4'
4
TECI
1
1
OPT.
(STA
1
1
PLM,
1,
1
OPT.
(RAV
1
1
VER
090526-20301.
3.5:
.4
TECI
5.;
5
1 PULE
1
1
I VEH
n9n5���2n3 i 3'
2 :
4
T .C]
Invoice
Date..- lnvolce#
5131/200)1021
41
Description I Rate I Amount
NICIAN OVERTIME ';'
57.00
114.00
NIC1AN'
38.00
76.00
ENT SOLIDS -LIME SLURRY
25.00
50.00
CLE CHARGE '''
75 00
75,00
MCIAN HOURLY (MIN 4) ,'
38 00
152.00
MOISTURE DENSITY. RELATIONSHIP:
140.00
140:00
3.} (ASTM D698) .
TICITY,:INDEX = STAB. SOIL
40.00
40.00
MOISTURE DENSITY REI.ATIONSHIl'
143 00
143.00
:CLE CHARGE
75.00
75.00
INI 4)
38.00
152.00
.. .N.HOURLY{MIN
lERIZATION "
26.00
100.00
75 00
75.00
IMCIAN HOURLY (MIN 4)
38.00
152.00
-ACE DE14SJW.(MIN. 4
20 00
80.00
[CLE CHARGE: `°
75 00
(: 75;00
iNICIAN. HOURLY (MIIJ 4)
38 00
304.00
11CIAN OVERTIME
57 00
85.50
ACE DENSTTY;(I �1IN
20 00
120.00
.4}
3TIC= INDEX:`- STAB: SOIL
40.00
80.00
iCLE CHARGE -
75.00
75:00
NiCIAN OVER:TIIv1E
57.00
85.50
il,RQ OURLY (MIN 4)
N H
38 00
228.00
LACE DENSITY'.6 II0 .
Q 20 O
$0.00
ICLE CHARGE
75.04
75:00
CheckNumber Check Date and correct to the best. of my kno>vledge."
Amount Paid Date Received Coastal Testing Laboratories, Inc.
9
LA PORTE REbEVi LOPmENT AUTHORITY,
CITY OF LA PORTS, TEXAS
AGENDA MEMORANDUM ^
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
7. Consider approval of 5% payment to the City of La Porte for administrative costs
as prescribed in the Tri-Party Agreement.
E
LA PDRTE REDEvELop14rF,NT AuTrroxury
do Hawes Hill Calderon LLP
P.Q. Box22167
Houston TX 77227-2167
713-595-1200 or FAX 713-541-9906
City of La Porte
Administrative Fee Calculation
2009 .
Transfer to La Porte Redevelopment Authority 4.7.09
Less Adjustments from prior years:
426,221.77
2000 1,177.03
2001 53.51
2002 (253.58)
2003 (14,952,42)
2004 (8,683.82)
2005 (6,637.84)
2006 (15,106.14)
2007 (25,062.21),
Tax collections for 2008
5 % administrative fee due to the City for city collections
Transfer to La Porte Redevelopment Authority 4.7.09
Less Adjustments from prior years:
356,756.30
519,803.19
2000
1,206.34
2001
(209.64)
2002
(46.78)
2003
(17,816.24)
2004
(8,807.40) j
2005
(6,534,04)
2006
(19,610.00)
2007
(37,740.30)
Tax collections for 2008
430,245.13
5 % administrative fee due to the City for school district collections
Total to be Billed to La Porte Redevelopment Authority
$17,837.82
21,512.26
$39,350.07
INVOICE
CITY OF LA PORTE
604 W FAIRMONT PARKWAY
LA PORTE, TX 77571
(281) 471-5020
TO: LA PORTE REDEVELOPMENT AUTHORI
ATTN. DAVID HAWES
PO BOX 22167
HOUSTON, TX 77227
INVOICE NO: 5912
DATE: 8/06/09
CUSTOMER NO; 1905/144427 TYPE: MS - MISCELLANEOUS
------------------------------------------------------------------------------
QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE
1.00 TIRZ 5% ADMIN FEES 39,350.07 39,350.07
DETAIL WORKSHEET ENCLOSED
********PROMPT PAYMENT IS APPRECIATED************
*FOR BILLING QUESTIONS CONTACT ANGELA @ EXT 5042*
TOTAL DUE:
$39,350.07
PLEASE -DETACH AND SEND THIS COPY WITH REMITTANCE
DATE: 8/06/09 DUE DATE: 8/26/09 NAME: LA PORTE REDEVELOPMENT AUTHORS
CUSTOMER NO: 1905/144427 TYPE: MS - MISCELLANEOUS
REMIT AND MAKE CHECK PAYABLE TO:
CITY OF LA PORTE
ATTN: ACCOUNTING DIVISION
604 WEST FAIRMONT PARKWAY
LA PORTE TX 77571 (281)' 471-5020
INVOICE NO: 5912
TERMS: NET 20 DAYS AMOUNT: $39,350.07
LA PORTE REDEVELOPMENT AuTHORiTY,
CITY OF LA PORTE, TEXAS
AGENDA MEMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
8. Consider extension/renewal of agreement with Hawes Hill Calderon LLP for
board management and professional services.
VA
LA PORTE REDEVELOPMENT AUTHORTrX
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 713-541-9906
AGREEMENT BY AND BETWEEN
LA PORTE REDEVELOPMENT AUTHORITY,
REINVESTMUNT ZONE NUMBER ONE, CITY OF LA PORTE,
AND HAWES HILL CALDERON LLP
This agreement is made by and between La Porte Redevelopment Authority and Reinvestment
Zone Number One, City of La Porte," (the "Clients") and Hawes Hill Calderon LLP (the "Contractor").
WITNESSETH:
WHEREAS, the Clients desire that the Contractor provide certain professional and administrative
services;
WHEREAS, the Contractor has the employees, office operations, and knowledge to ably provide
the professional and administrative services required by the Clients;
NOW THEREFORE, for and in consideration of the premises and mutual covenants and
agreements herein contained, it is agreed as follows:
I.
Engagement of Contractor
The Clients hereby engage the Contractor, and the Contractor hereby agrees to provide, famish,
or perform certain professional and administrative services with respect to the Zone and Public
Improvement District including the services .,described on Exhibit A, annexed hereto. Such services
herein collectively referred to as the "Services.
11.
Compensation and Reimbursement to Contractor
For and in consideration of the professional services to be performed by the Contractor specified
in Exhibit "A," Scope of Professional Consulting and Management Services, of this Agreement, the
Client agrees to pay the Contractor a fixed fee of TWO THOUSAND DOLLARS ($2,000.00) per month
for project management services performed on behalf of the Clients and ONE THOUSAND FIVE
HUNDRED DOLLARS ($1,500.00) per meeting of the Board of Directors of the La Porte
Redevelopment Authority and Reinvestment Zone Number One, City of La Porte, and '/4 of 1 % of the par
amount of each bond series issued, if any, for services performed in connection with issuance of bonds.
Reimbursable out-of-pocket expenses and other expenses and charges incurred by the Contractor in
performing the Services under this Agreement shall be made on a monthly basis upon submission by the
Contractor of invoices and other documentation setting forth such expenses and charges; provided,
however, all expenses and charges proposed to be incurred by the Contractor for the performance of the
Services shall be subject to the Clients' prior written approval. The Schedule of Maximum Charges and
Rates of Hawes Hill Calderon LLP for the performance of the Services by the Contractor under this
Agreement as set forth on Exhibit "B" attached hereto for reference are hereby approved by the Clients.
The Clients expressly disclaim any liability for reimbursement to the Contractor of any amounts in excess
of those approved in writing by the Client.
Contractor shall tender to the Clients a detailed invoice of the services performed and the
allowable reimbursable expenses incurred to the Clients each month during the term of this Agreement.
Payments on account of services rendered and for reimbursable expenses incurred shall be made within
30 days after the Clients receive Contractor's detailed invoice therefor. In the event of a disputed or
contested invoice, the Clients may withhold any such disputed or contested amount without penalty.
III.
Administrative Policies and Procedures
The Contractor shall conduct the administrative activities of the Clients in accordance with the
instructions and guidance of the Clients.
IV.
Accounts, Records, Accounting Reports and Audits
The Contractor shall maintain the books of records and accounts of the Clients in order to
establish the amount due by the Clients to the Contractor in accordance with this Agreement. All such
records shall be maintained in accordance with generally accepted accounting principles and shall be
clearly identified and readily accessible. The Contractor shall provide free access to the Clients and allow
for inspection and audit of all work, data, documents, proceedings, and activities related to this
Agreement. Such right of access and audit shall continue for a period three (3) years from the date of
termination of this Agreement.
V.
Compliance With Applicable Laws Concerning Redevelo ment Authorities
Local Government Corporations, Tax Increment Reinvestment Zones and Public Improvement Districts
The Contractor, in performance of its, duties under this Agreement for the Clients, will comply
with all applicable provisions of Texas law and municipal ordinances concerning redevelopment
authorities, local government corporations, tax increment reinvestment zones and public improvement
districts under which these entities are created.
VI.
Right of Ownershiy
All data, information, maps, books, reports, files, photography, artwork, software, equipment, and
materials purchased, created or maintained by the Clients or purchased, created or maintained by the
Contractor on behalf of the Clients shall remain the property of the Clients. It shall be clearly marked as
property of the Clients in such manner that it may at any time be removed from the premises of the
Contractor.
Vil.
Laws to be Observed
In performing its obligations under this Agreement, the Contractor 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 will be
considered on account of ignorance thereof.
VIR.
Successors and Assigns
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 as creating any personal liability on the part of any
officer or director of the Authority or the Zone.
IX.
Character of Workers and....
Services provided for under this Agreement are being performed for the public benefit. The
employees provided by the Contractor shall be competent and careful workers skilled in their respective
trades. In performing its obligations under this Agreement, the Contractor shall not employ any person
who engages in misconduct or is incompetent or negligent in the performance of his or her duties. The
Clients retain the right to require the Contractor to remove from the performance of services provided for
under this Agreement any employee who engages in (1) unethical or unprofessional conduct, (2)
misconduct or other discourtesies toward the public, (3) conduct inconsistent with sound business
practices or (4) other conduct inconsistent with the performance of work in an acceptable manner and at a
satisfactory rate of progress to the Clients. Nothing herein is intended to, and the parties agree that this
Agreement does not, create any third party beneficiary rights for any employee or other person. It is
intended that any employee who engages in any services provided for under this Agreement is an
employee -at -will of the Contractor.
X.
Conflict of Interest
In keeping with Contractor's duties to the Clients, Contractor agrees that it shall not, directly or
indirectly, become involved in any conflict of interest, or upon discovery thereof, allow such a conflict to
continue. Moreover, Contractor agrees that it shall promptly disclose to the Clients any facts, which might
involve any reasonable possibility of a conflict of interest.
X1.
Term and Termination
This Agreement shall become effective as of the date executed by the Client and the
Contractor as set forth on the signature page hereof and shall continue in force for a period of
two (2) years from the date of execution, at which time this Agreement may be extended and the
scope amended by mutual agreement of both parties. Either party may terminate this Agreement
without cause at any time by giving the other party at least sixty (60) days' prior written notice
thereof, specifying in such notice the effective date of such termination. In the event of
termination, it is understood and agreed that only the amounts due the Consultant for services
provided and expenses incurred to the date of termination will be due and payable. No penalty
will be assessed for termination of this Agreement.
3
XII.
Amendment or Modification
Except as otherwise provided in this Agreement, this Agreement shall be subject to change,
amendment, or modification only upon the written consent of the parties hereto.
XIII.
Disclaimer of Political SLipport.or.Affiliation
The Clients expressly disclaim any political support or affiliation with the Contractor. Further,
the Clients prohibit the Contractor, and the Contractor hereby agrees to comply with such prohibition,
from expending any Zone or Authority funds, directly or indirectly, including any funds to be reimbursed
by the Zone or Authority, on any political candidate, cause, parry, organization or activity.
(EXECUTION PAGE FOLLOWS)
AGREED AND ACCEPTED THIS _ DAY OF , 2009.
On Behalf of Reinvestment Zone Number One:
By:
Name: David W. Hawes, Managing Partner
Hawes Hill Calderon, LLP LLP
ATTEST:
By:_
Name:
Title:
By:
Name: Chairman
Reinvestment Zone Number One
City of La Porte
And on Behalf of La Porte Place Redevelopment Authority:
By: By:
Name: David W. Hawes, Managing Partner Name: Chairman
Hawes Hill Calderon, LLP La Porte Redevelopment Authority
ATTEST:
By:_
Name:
Title.
k
Exhibit "A"
Scope of Professional Consulting, and Management Services
Hawes Hill Calderon, LLP, will provide the following services:
Professional Consulting and General Administration
• Assign principal consultant David Hawes as the Authority's Executive Director/Zone Administrator and
lead consultant responsible for managing and directing all professional team services provided to and on
behalf of the Authority and Zone and their respective Boards of Directors as well as to the Public
Improvement District
+ Provide full professional management, administrative and technical support services to the Authority,
Zone and District
• Serve as the Clients' liaison and advocate with the City of La. Porte, Harris County, agencies and
departments of the State of Texas, and other interested parties
• Provide expert testimony in public meetings and proceedings as requested by the respective Boards of
Directors
• Coordinate and provide professional services in conjunction with Clients' attorney concerning legal
matters related to Board operations, implementation of Zone plan, and development agreements
• Assist developers with regard to their development projects within the Zone
• Work with City to resolve infrastructure issues as they arise
+ Work with developers to ensure that development agreement procedures are followed
• Coordinate and work with City to prepare financing packages to reimburse developers for eligible project -
related costs defined in each developer reimbursement agreement. This includes, but is not limited to,
providing the City with necessary zone information, verifying eligible project costs and providing
information briefings to elected City officials.
Board Development and Administration
• Coordinate and arrange all meetings of the respective Boards of Directors and their committees
* Prepare all meeting agendas and ensure proper notification is made in accordance with state statutes and
such other governing documents as may apply
• Take and prepare minutes of Board meetings
• Prepare resolutions, certificates and other official documents as may be required
• Assemble and distribute reports and information packets for use at Board meetings
• Develop and implement an orientation program to assist new Board members to carry out their duties and
responsibilities and to understand the Zone's history, policies and procedures, and pertinent laws
Information and Communications Management
• Provide GIS and database management services as required
• Assist in the coordination, communication and interface between the Boards of Directors, government
officials and employees, contractors, developers, property owners, residents, and others regarding planned
and actual Zone projects
• Prepare or cause to be prepared reports, maps, charts and exhibits as requested by the respective Boards of
Directors
• Receive inquiries and respond to property owners, real estate agents and brokers, and other interested
parties with respect to development issues that pertain to the Zone and the Redevelopment Authority
Maintain records and files of the Authority and Zone consistent with the Texas Public Information Act, the
Local Government Records Act, and all other applicable laws, rules and regulations
+ Monitor regulations and comply with reporting requirements of Secretary of State, City of Houston, and
other regulatory bodies
Financial Administration
a Oversee all accounting and financial administration procedures of the Authority, Zone, and District
• Administer the Authority, Zone and District budgets, including tracking income and monthly expenses in
reference to the annual budget, monitoring expenses, preparing budget reports, assisting with annual
budget preparation
• Provide staff support to the Authority's Investment Officer, which includes the following:
1. Maintain the Authority'scompliance with the Public Funds Investment Act and Public Funds
Collateral Act
2. Prepare and submit required annual disclosure statements to the Texas Ethics Commission
3. Compile and present information regarding investment opportunities that conform to the District's
Investment Policy, Public Funds Investment Act and the Public Funds Collateral Act
4. Prepare quarterly investment reports fpr the Investment Officer's certification and presentation to the
Board of Directors
7
I
5. Provide the Investment Officer with information regarding required biannual training programs
5. Assist Investment Officer and Board of Directors in an annual review and revision of the District's
Investment Policy
7. Arrange for Authority's independent audit, providing necessary information and documentation
8. Oversee the Clients' consultant responsible for tracking zone values to assure that Clients' receive all
monies due
i
q. Coordinate and work with financial consultants, the City of La Porte, and others on preparation of
documents, financial projections, and related information required to carry out bond sales
Contract Administration and Project Management
+ Prepare requests for proposals for professional services and bids for contract services as needed and as
determined by the Boards of Directors
• Analyze proposals and bids from prospective contractors and provide summary analyses for consideration
of the Boards of Directors in decision -malting
• Provide management oversight for all contractors, including such service providers as engineeriag(project
management consultants, legal counsel; bookkeepers and financial advisors, public infrastructure
construction contractors, security services, landscape services, and others that the Clients may employ
from time to time
• Interface with developers on development, financing, and property acquisitions issues
Bond Services
• Provide management oversight over the bond process
• Provide communications and technical support with regard to the production of bond documents.
• Interface with zone consultants, underwriters, rating agencies, and bond insurance companies with regard
to the effective pricing and sale of contract revenue bonds
• Produce economic base data to support the sale of the bonds.
E
12
Exhibit "B"
Schedule of Maximum Charges and Rates of
Hawes Hill & Associates LLP
Professional consulting and general administration monthly fixed fee: $2,000.00
• Board Development and Administration bid as package
• Information and Communications Management bid as package
• Financial Administration bid as package
• Contract Administration and Project Management bid as package
• Bond Services '/4 of 1 % of the par amount of each
bond series
Board meeting preparation, attendance and follow-up $1,500 per meeting
Out-of-pocket expenses including, without limitation, the following: actual cost
• prints, photocopies, reproductions, graphics, art supplies
• postage, deliveries
• long distance telephone calls
• posting, filing and submittal fees
• publication of public notices
• parking fees and tolls .
• travel, lodging and incidentals
Automobile mileage directly attributable to this project shall be charged at the current rate allowable under
Internal Revenue Service regulations.
I
LA PORTE REDEVEIAPMEN`I' AUTHORITY,
CITY OF LA PORTE, TEXAS
AGENDA MEMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
10. Consider approval or other action with regard to Authority invoices.
E
LA PQRTE REDEVELOPMENT AUTnoRITY
c/o Hawes hill Calderon LLP
P.O. Box22167
Houston TX 77227-2167
713-595-1200 or FAX 713-541-9906
La Porte Redevelopment Authority
Cash Flow Report, May 29 - August 24, 2009
Cleared
Bank Construction Account For Amount Subtotal Total
Beginning fund balance, May 29, 2009 $ 401,185.30
5/29/2009 Interest deposit (0.750%) interest $ 239.06
6/30/2009 Interest deposit (0.640%) interest $ 184.54
7/31/2009 Interest deposit (0.500%) interest $ 97.61
Total, revenues $ 401,706.51 $ 401,706.51
Cleared
Bank Expenses
Checks paid:
6116/2009 #109 Durwood Greene Construction Company Pay App #1
Total, Checks paid
Checks outstanding
8/12/2009 #110 Coastal Testing Laboratories, Inc.
Total, Checks outstanding
Checks submitted for approval 812412009
#111 Durwoode Greene Construction Company Pay App #2
Total, Checks submitted
Total expenses
Fund balance, Operating Account as of August 26, 2009
$ 170,271.09
$ 5,055.50
$ 170,271.09 $ (170,271.09)
$ 5,055.50 $ (5,055.50)
$ 82,785.60 $ 82,785.60
$ (82,785,60)
$ 258,112.19
$ 143,594.32
y
'a
4rM
Established City of La Porte
92
7rIEX
1
August 17, 2009
Mr. David Hawes
Hawes Hill Calderon
10103 Fondren, #300
Houston, Texas 77096
RE: SH 146 at Wharton Weems Blvd. Turn Lane — Pay Application
Dear David,
The attached pay estimate #2 has been reviewed by the City of La Porte and it has been
approved for payment. A payment of $82,785.60 is recommended. Please process the
enclosed pay application upon receipt.
Sincerely,
f
Deb lie Westbeld
Economic Development Coordinator
cc: John Joerns, Assistant City Manager
E
604 W. Fairmont Pkivy. • La Porte, Texas 77571 • (281) 471.5020
URWOOD
REEVE
CONSTRUCTION CO.
P.O. Box 1338 Stafford, Texas 77497-1338
LETTER OF TRANSMITTAL
Date; August 12, 2009
(281) 499-1551 Fax (281) 499-152-5 .
TO: Port Crossing Land, L.P. Re: SH 146 at Wharton Weems Blvd
City of La Porte Right Turn Lane & U turn Lane
Attn: Mr. Ryan Lovell Job Number: DO 1591
Mr. John Joerns
r No.
- Action
Copies Description _ A
Re uired
i Pay Estimate No. 2 Revision 1 Submittal
1 Partial/final Waiver of Lien Submittal
Remarks:
Copy To: Sincerely yours,
Fo(t:
Danny Marcheli
Construction Manager
1�
s
K
CONTRACTOR: Durwood Greene Construction Co.
P. O. Box 1338
Stafford, Texas 77497-1338
ENGINEER. Jones & Carter, Inc.
6335 Gulfton, Suite 100
Houston, Texas 77081
OWNER: Port Crossing Land, LP
c/o Jonas & Carter, Inc.
6335 Guifton, Suite 100
Houston, Texas 77081
PROJECT: SH 146 at Wharton Weems Blvd
Right Turn Lane and U-Turn Lane
in La Ports, Texas
DATE:
26-Jun-09
INVOICE NO.:
200906-121
JOB NO.:
1591
EST. NO.:
2
Revision 1
ITEM
�j=81PTION
�C
CONTRACT
�.��
UNIT
PRICE
CONTRACT
AMOUNT
arc
AMOUNT
APLETE TH
�jFSTOU
l�tAE�It'EY g�.u�
�
9MOUNT
;NEMLLTEMS
1
MOVE -IN & START-UP, INCL BONDS
LS
1,00
15,000.00
15,000.00
1.00
15,000.00
1.00
15,000.00
0.00
0.00
2
PREPARATION OF R-O-W
AC
1,00
12,000.00
12,000.00
1.00
12,000.00
1.00
12,000.00
0.00
0.00
TEMPORARY TRAFFIC CONTRQI
3
TEMPORARY 4" SLID W K ZN PAV MRKG
LF
776,00
2.00
1,552.00
776.00
1,552.00
776.00
1,552.00
0.00
0.00
4
TEMPORARY TRAFFIC CONTROL
LS
1.00
18,000.00
15,000.00
0.95
14,250.00
0.85
12,750,00
0-10
11500.00
PAVING & ROAMAY
5
EXCAVATION OF ROADWAY & CHANNEL
Cy
1.360,00
15.00
20,400.00
1,360,00
20,400.00
1,360,00
20,400.00
0.00
0.00
6
EMBANKMENT (DENS CONT) (TY C)
Cy
785.00
15.00
11,775.00
785.00
11,775.00
785.00
11,775.00
0.00
0.00
7
CONCRETE CURB (DOWEL)
LF
1,335.00
7,00
9,345.00
650.00
4,550.00
0.00
0,00
550.00
4,550.00
8
REMOVAL OF CONCRETE CURB
LF
880.00
7.00
6,160.00
$80.00
6,160.00
880.00
61160,00
0.00
0.00
9
LIME TREAT 6" SUBGRADE, INCL MIX& COMPACT
SY
2,010.00
5.00
10,050.00
2,010.00
10,050.00
21010,00
10,050.00
0.00
0.00
10
LIME FOR SUBGRADE (30 LB/SY)
TON
30.00
170.00
5,100.00
30.94
5,259.80
30.94
5,259.80
0.00
0.00
11
CEMENT TREATED 6' BASE, INCL MIX & COMPACT
SY
2,010.00
17.00
34,170,00
2.010.00
34.170.00
2,010.00
34,170.00
0.00
0.00
12
ASPHALT TREAT 8" STABILIZED BASE (BLACK BASE)
TON
337.00
85.00
28.645.00
377.14
32,056.90
377.14
32,056,90
0.00
0.00
13
ASPHALT TREAT 1" STABILIZED BASE (BOND BRKR)
TON
53.00
180.00
9,540.00
52.73
9,491.40
52.73
9,491.40
0.00
0.00
14
HMAC 1.5" LEVEL -UP
TON
70.00
200.00
14,000.00
64.20
12,840.00
0.00
0.00
64.20
12,040.00
15
HMAC 1.5° SURFACE
TON
7Q.00
2QQ.00
14,000.00
64,20
12,840,00
0.00
0.00
64.20
12A40.00
16
CONCRETE PAVEMENT (CRCP) (10")
PAVEMENT_ MARKINGS
SY
831,00
69.00
57,339.00
831.00
57,339.00
0.00
0.00
$81.00
5.7,339.00
17
INSTALL PROJECT SIGNS
EA
4,00
600.00
2,400.00
4,00
2,400.00
4.00
2,400.00
0,00
0.00
18
TYPE I PAV MRKG, W SLD WHITE (THERMO)
LF
660.00
3.00
11980.00
600.00
1,800.00
0.00
0.00
600.00
1.800.00
08I7212008 06:08:31 PM 1 of 3 1591 - SH 146 at Wharton Weems RTL & U-T.123
CONTRACTOR: Durwood Greene Construction Co.
OWNER: Port Crossing Land, LP
P. 0. Box 1338
efo Jones & Carter, Inc.
Stafford, Texas 77497-1338
6335 Gunton,
Suite 100
Houston, Texas 77081
ENGINEER:
Janes & Carter, Inc,
PROJECT:
SH 146 at Wharton Weems
6335 Gunton, Suite 100
Right Turn Lane and U-Tun
Houston, Texas 77081
is La Porte, Texas
CONTRACT
UNIT
CONTRACT
ITEM
DESCR,emON
UNIT
O(JAIJTITY
PRICE
AMOUNT
19
TYPE I PAV MRKG, WHITE YIELD TRIANGLE (THERMO)
LF
24.00
25.00
600.00
20
TYPE I PAV MRKG, WHITE ARROW (THERMO)
EA
4.00
200.00
800.00
21
TYPE I PAV MRKG, WORD "ONLY" (THERMO)
EA
4.00
200.00
800100
22
TYPE I PAV MRKG, 24" SLD YELLOW (THERMO)
LF
0.00
10.00
0.00
23
RAISED PAV MRKRS (TYPE It C-R)
EA
$3.00
5.00
265.00
24
PAV SURF PREP, 5-
LF
660.00
0.05
33.00
25
PAV SURF PREP, YIELD LINE
LF
24.DO
30.00
720.00
26
PAV SURF PREP, 'ONLY'
EA
4.00
20100
80.00
27
PAV SURF PREP, ARROW
EA
4,00
20.00
80.00
28
ELIMINATE EXIST PAV MRKRS (4")
LF
520.00
1.00
520.00
29
ELIMINATE EXIST PAV MRKRS (ARROW & WORD)
EA
2.00
50.00
100.00
SWPPP
30
INSTALUMAINTAIN CONSTRUCTION ACCESS
Sy
450.00
7.00
3,15a.00
31
REMOVE CONSTRUCTION ACCESS
SY
450,00
3.00
1,350.00
32
COMPOST (TOPSOIL) (SOS OR PB) (4")
Sy
1.140.00
2.00
2,280.00
33
DRILL SEED (PERM) (URBAN) (SANDY)
Sy
990.00
1.00
990.00
34
FERTILIZER
AC
1.40
700.00
980.00
35
VEGETATIVE WATERING
MG
1.40
500,00
700.00
$6
TEMPORARY SEDIMENT CONTROL BARRIER, INLET
LF
160.00
7.00
1,120.00
fADD133ONAL ITEMS
37
SMALL RDSO SIGNS (TY 10BWG 1 SA P)
E0.
8.00
600.00
4,600.00
38
DITCH CLEANING & RE -SHAPING
LF
230.00
4.00
920.00
08/12J2009 05:0821 PM
Blvd
iLane
COMPLETED
TO DATE
QUANTITY
0.00
AMQUNT
0.00
2,00
400.00
2.00
400.00
0.00
0.00
53.00
255.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.00
50.00
0,00
0.00
0.00
0.00
0.00
0.00
0.110
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
COMELETE
QUANTITY
0.00
0.00
0.00
0.00
0.00
O.Do
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
DATE:
25Jun-09
INVOICE NO.:
200906-121
JOB NO.:
1591
EST. NO.:
2
Revision 1
0.00
0.00
a.o0
a.a0
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.oa
0.00
QUANTITY
0.00
2.00
2.00
0.00
53.00
0,00
0,00
0.00
0.00
0.00
1.00
0.00 «.
O.aa
0.00
0.00
0.00
0.00
0.00
1691
0.00
400.00
400.00
0.00
265,00
0.00
0.00
0.00
O.00
0.00
50.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00 0.00 0,00 O.Oo
0.00 0.00 0.00 0.00
1591 - SH 148 at WharWn Weems RTL& U.T.123
CONTRACTOR: Durwood Greeno Construction Co.
P. O. Box 1338
Stafford, Texas 77497-1338
ENGINEER: Jones & Carter, Inc.
6335 Gulfton, Suite 100
Houston, Texas 77081
1mm DESCRIPTION
STORM SEWER
39 24` RCP (CL Ill) & CONNECT TO EXIST 24" ROP
40 INLET (COMPL) (TY Cl)
41 REMOVE INLET FROM EXIST 24" RCP
1597
OWNER: Port Crossing Land, LP
DATE,
25-Jun49
c/o Jones & Carter, Inc.
INVOICE NO.:
200906-121
6335 Gulfton, Suite 100
JOB NO.:
1591
Houston, Texas 77031
EST. NO.:
2
Revision 1
PROJECT: SH 146 at Wharton Weems Blvd
Right Turn Lane and U-Turn Lane
in La Porte, Texas
CONTRACT
UNIT CONTRACT CO-MPLETED
TO DATE
Q APLETE IH15 F.UrAATE
UNlT
QUANTITY
DICE AMni1NT 0U6NTITY
AMOU QMNTI3Y
AMOCiNT QUANTITY AMQU
LF
85.00
105-00 8,925.00 85.00
B,925.00
85.00 81925.00 0.00 0.00
EA
2.00
3,000.00 6,000.00 2.00
6,000,00
2.00 6,000.00 0.00 0.00
EA
2.00
600.00 1,200.00 2.00
1,200.00
2.00 1,200.00 0.00 0.00
GRAND
TOTAL
304.889.00
281.174.10
189.190.10 Maim
Total Amount Earned To Dale 281.174.10 189,190.10 91,984,00
Less 10% Retention ,(28.11Z.4.) 118.919.01! (9.198.40)
Net Amount Due After Retention 253,056.69 17o,271.09 82,713160
Less Previous Estimates 174.M.09 170.P71.09
Net Amount Due 2 7 P 00 82.765.60
09112/2009 05:09;31 PM 3 at 3 1591 - SH 146 at WhOon Weems RTL & U-T.123
d
PARTIALIFINAL WAIVER OF LIEN
STATE OF TEXAS
COUNTY Or, FORT BEND f
The undersigned contracted by Port Crossing Land L.P. to furnish labor and materials in connection with certain
improvements to real property located in La Porte Texas and owned by Port Crossing Land, L.P. which
improvements are described as follows:
SH 146 at Wharton Weems Boulevard in La Porte, Texas
Right Turn Lane and U-turn Lane
In consideration of Pay Estimate No. 2 Revision I in the amount of Eighty Two Thousand Seven Hundred Eighty
Five and 60/100 DOLLARS [$ 82,785.601 and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and confessed, the undersigned does hereby waive and release any mechanics, lien or
materialmen's lien or claims of lien that the undersigned has or hereafter has on the above -mentioned real property
on account of any labor performed or materials furnished or to be furnished or labor performed and materials
furnished by the undersigned pursuant to the above -mentioned contract or any constitutional lien that the
undersigned may have.
Undersigned hereby guarantees that all bills for labor performed and/or materials furnished in the erection and
construction of such improvements on the Property have been fully paid and satisfied and Undersigned does further
guarantee that if for any reason a lien or liens are Fled for material or labor against said Property arising out of any
bills for material or labor in connection with the erection or construction of said improvements thereon, Undersigned
will obtain a settlement of such lien or liens and a proper release thereof shall be obtained.
burwood Greene Construction Co
CONTRACTOR
By;
Stephen W. Maynard
Vice President
SWORN TO AND SUBSCRIBED BEFORE ME, on this the 12th day of Ausuz 2009 to certify which witness my
hand and seal of office.
rr JERRY L. BERRY TARY LIC in and for The State of TEXAS
+ * 11daryPublio State of Texas
+ � My Comm. Up. 06-09.2012 My Commission Expires: — — f
La Porte Redevelopment Authority
Cash Flow Report, May 29 - August 24, 2009
Cleared
Bank Operating Account For Amount Subtotal Total
Beginning fund balance, 5/29/2009 $ 1,253,385.64
5/29/2009 Interest deposit (0.750%) interest $ 746.56
6/30/2009 Interest deposit (0.640%) interest $ 210.56
7/31/2009 Interest (0.500%) interest $ 133.86
Total, revenues $ 1,254,476.62 $ 1,254,476.62
Cleared
Bank
Expenses
Checks paid.•
5/28/2009
#104 Hawes Hill Calderon
6/2/2009
#101 City of LaPorte
6/2/2009
#102 City of La Porte
6/212009
#103 Patillo Brown & Hill LLP
611/2009
#105 Port Crossing Land LP
Total, Checks paid
Checks outstanding
None
Total, Checks outstanding
Checks submitted tar approval 8/26/2009
#106 McCall Gibson Swedlund Barfoot PLLC
#107 City of La Porte
#108 Hawes Hill Calderon
Total, Checks submitted
Total expenses
Fund balance, Operating Account as of August 26, 2009
Inv 3257, 3276, 3296 $ 7,812.92
Inv 4032 $ 79.69
reimbursement $ 100,000.00
$ 3,000.00
$ 826,186.83
$ 937,079.44 $ (937,079.44)
AUP report $ 5,000.00
5912 (admin fees) $ 39,350.07
Inv 3316, 3329, 3363 $ 7,709.44
$ 52,059.51 $ (52,059.51)
$ 265,337.67
La Porte Redevelopment Authority
Cash Flow Report, May 29 - August 24, 2009
Cleared
Bank Construction Account
Beginning fund balance, May 29, 2009
5/29/2009 Interest deposit (0.750%)
6/30/2009 Interest deposit (0.640%)
7131/2009 Interest deposit (0.500%)
Total, revenues
Cleared
Bank Expenses
Checks paid.
6/16/2009 #109 Durwood Greene Construction Company
Total, Checks paid
Checks outstanding
8/12/2009 #110 Coastal Testing Laboratories, Inc.
Total, Checks outstanding
Checks submitted for approval 812412009
None
Total, Checks submitted
Total expenses
Fund balance, Operating Account as of August 26, 2009
For Amount Subtotal Total
$ 401,185.30
interest $ 239.06
interest $ 184.54
interest $ 97.61
$ 401, 706.51 $ 401,706.51
Pay App #1 $ 170,271.09
$ 170,271.09 $ (170,271.09)
$ 5,055.50
$ 5,055,50 $ (5,056.50)
$
$ 175,326.59
$ 226,379.92
McCALL GIBSON SWEDLUND BARFOOT PLLC
Certified Public Accountants
73100 Wmflam Center Driue
Smite 235
j Houston, Texas 77065 5610
(713) 462-0341
Fax (713) 462 2708
!-Mail., uegs&rrg4W11c.caur
August 7, 2009
Tax Increment Reinvestment Zone No. 1
City of La Porte, Texas
c/o Mr. David Hawes
Hawes Hill Calderon, LLP
10103 Fondren Drive, Suite 300
Houston, TX 77096
Client Number-- 537-00
Preparation of Agreed -Upon Procedures Report for the Tax
Increment Reinvestment Zone No. 1 reimbursable to Port
Crossing Land, LP as of May 27, 2009.
7801 N Capital of Texas Hwy.
Suite 350
Austin, Texas 78731-110
(512) 4I8-2358
Fax: (512) 340-0604
WW W.:MS4 nrlc.sniu
Total Due 5,000.00
Me ker of
Atrreriaan instigrte of Certified Public Acearnrtants
Texas Society of Certified Public Accountrurts
INVOICE
CITY OF LA PORTE Oy�'_iZ..of
604 W FAIRMONT PARKWAY
a LA PORTE, TX 77571
(281) 471-5020
TO: LA PORTE REDEVELOPMENT AUTHORI
ATTN: DAVID HAWES
PO BOX 22167
HOUSTON, TX 77227
INVOICE NO: 5912
DATE: 8/06/09
CUSTOMER NO: 1905/144427 TYPE: MS - MISCELLANEOUS
-----------------------------------------------------------------------------
QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE
1.00 TIRZ 5o ADMIN FEES 39,350.07 39,350.01
DETAIL WORKSHEET ENCLOSED
********PROMPT PAYMENT IS APPRECIATED************
*FOR BILLING QUESTIONS CONTACT ANGELA Q EXT 5042*
TOTAL DUE: $39,350.07
PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE
DATE: 8/06/09 DUE DATE: 8/26/;09 NAME: LA PORTE REDEVELOPMENT AUTHOR!
CUSTOMER NO: 1905/144427 TYPE: MS - MISCELLANEOUS
REMIT AND MAKE CHECK PAYABLE TO:
CITY OF LA PORTE
ATTN: ACCOUNTING DIVISION
604 WEST FAIRMONT PARKWAY
LA PORTE TX 77571 (281) 471-5020
INVOICE NO: 5912
TERMS: NET 20 DAYS AMOUNT: $39,350.07'
Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
TIRZ -La Porte # 1
604 W. Fairmont Pkwy.
La Porte, TX 77571
Page 1
DATE IlWOICE NO. DESCRIPTION
6/1/2009 00003316 Sale; City of La Porte
7/1/2009 00003329 Sale; City of La Porte
8/1/2009 00003363 Sale; City of La Porte
CHARGES PAYMENTS
$2,204.35
$2,005.09
$3,500.00
STATEMENT
DATE
8/17/2009
FAUT141fia� : i�1i111
BALANCE
$2;204.35
$2,005.09
$3,500.00
8/17/2009 Finance Charge $0.00 $0.00
CURRENT 30 DAYS 90 DAYS 90+DAYS AMOUNT DUE
$3,500.00 $4,209.44 $7,709.44
Hawes Hill Calderon. LLP
P.O. Box 22167
Houston TX 77227-2167
Bill To:
TIRZ -La Porte # 1
604 W. Fairmont Pkwy.
LaPorte, TX 77571
Invoice #:
00003316
Date:
6/ 1 /2009
Page:
1
Invoice
DATE
DESCRIPTION
AMOUNT
Project Management Services, June 2009
$2,000.00
Reimbursable expenses as follows:
2/I 8/2009
Fedex per attachment
$20.82
2/18/2009
Fedex per attachment
$20.82
5/22/2009
USPS per attachment
$48.00
5/22/2009
USPS per attachment
$4.80
5/22/2009
LISPS per attachment
$9.60
Mileage, D. Hawes per attachment
$42.90
In house copies & Binders 359 @ _15 each
$53.85
In house postage
$3.56
Sales Tax:
$0.00
Total Amount:
$2,204.35
Amount Applied:
$0.00
Balance Due:
$2,204.35
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LAPORTE, TX 77571-6939
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LA PORTE, TX 77571-3514
Delivery Confirmation T" Label Number. 0103 8555 7497 8766 6826
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HOUSTON, TX 77060-3321
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EXPENSE DETAIL (La Porte TlF01)
DATE CLIENT NO. VENDOR/DESCRIPTION
05.27.09 CLPTIF01 Milea a toliroEn BOD Mt . WTOTTAL$
IM. BILL
CLPTIF01 90 Y
CLPTIF01
Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
Bill To:
TIRZ -La Porte # 1
604 W. Fairmont Plcwy.
LaPorte, TX 77571
Invoice #: 00003329
Date: 7/1/2009
Page:. 1
Invoice
DATE
DESCRIPTION
AMOUNT
Project Management Services, July 2009
$2,000.00
Reimbursable expenses as follows:
In house copies 31 @ .15 each
$4.65
In house postage
$0.44
Sales Tax:
$0.00
Total Amount:
$2,005.09
Amount Applied:
$0.00
Balance Due:
$2,005.09
m.......n. r� .n n
Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227 2167
Bill To:
TIR Z -La Porte # 1
604 W. Fairmont Pkwy.
LaPorte, TX 77571
Invoice #: 00003363
Date: 8/l/2009
Page: 1
Invoice
DATE
DESCRIPTION
AMOUNT
8/26/2009
Project Management Services, August 2009
Board of Directors Meeting
$2,000.00
$1,500.00
Sales Tax:
$0.00
Total Amount:
$3,500.00
Amount Applied:
$0.00
Balance Due:
$3,50Q00
qr-... -. r n r'b
................ -- - , x.� 1, , - , . . . . . .......... . . .. .. . - s : -, ,I �, — , �,�
Pledged Securities Report as of 811912009 AMgyBank
CUSIP Security Type Rate maturity Original Face Market J.atue
m345 LAPORTE REDEVELOPMENT AUTHORITY 0
Prfmary Bookkeeper: Susan Hill Secondary Bookkeeper.
83164JQQ2 SBA POOL #507663 3.1
FDIC
412.51203J $550,000.00 S481,499.56
$250,000-00 $250,000.00
.......................
Total Pledges: 2
. . .... page OP
11 " ,;, ,
Trreschty, Arrgrrst 1$, 2009 AmeffBank
,Sldsan Hill
2500 T anglow lde St., Ste. 260
Houston, TX 770632140
Tel: 7135-410447
Fax: 7135419906
ta345LAPORTREDEVILOPn?'EN AUTHORTY
Total BalaHce: a543,777,10
Interest -Bearing Balance; $543, 777.10
Total Pledged; $1,604,497.65
Excess Collateral: $1,281,342.84
This Release of Plcedged Collateral ("Release") is issueti pursuant to a Custodial Agreement and Confirm among the
Depositor, Member-, Auregti Bank of Texas ("Bank"), and the Custodial Services Standard Terns and Conditions in effect
and as published by the Bank from time to time, Both of ivI ich herehy incorporated into and made a part of this Release as
if set for t)r firllt- herein.
Please review the following list of securltv(ie&) identified to be releaser!.
CUSIP Secudtjp Type hate Maturity Par Market Fal to
023108EK5 AMAFJLLO TX WTR c& ,SWR SYS 4 41112017 $470,000.00 3480,264,80
31349SD67 FHLMCARM POOL # 781025 4.417 111112033 $2,400,000.00 $546,590.95
31371LRK7 FNMA POOL #255290 4 6812014 $300,000.00 ,$94,83742
$3,170,000.00 $1,121,693.17
Please sign. this Release where, indicated and retunr via fa-E to (713)693-7512 atyour earliest Convenience.
Sincerely,
utt
(a-
The person executing this Release represents and Tvarrants that he. or .she has been dully authorized by the Depositor to
exec•rrte and deliver to the Bank this Release.
- --................................. -.....
Authorized Representative or Bookkeeper hate.
Amegy Signer Bate
La Porte Tax Increment Reinvestment Zone Number One,
City of La Porte, Texas
Minutes of the Board Meeting
Held August 27, 2008
1. CALL TO ORDER AND DETERMINATION OF A QUORUM
The Board of Directors of the La Porte Tax Increment Reinvestment Zone Number One, City of La Porte, Texas, held
a meeting, open to the public, on the 27`s day of August 2008, and meeting was called to order at 7:36 p.m. in the City
Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas 7751 and the roll was called of the
duly appointed members of the Board, to wit:
Peggy Antone
Position 1
Dave Turnquist
Position 2
Alton Porter
Position 3
Horace Leopard
Position 4
Doug Martin
Position 5
JJ Meza
Position 6
Michael Say
Position 7
Chester Pool
Position 8
Lin Pfeiffer
Position 9 - Chairman
and all of the above were present except Director Say, thus constituting a quorum. Also present at the meeting were
John Joerns, David Hawes, Gretchen Black, Russell Plank, and Norman Reed.
2. Lindsey Pfeiffer, Chairman
3. Consider approval of the minutes of the February 27, 2008 Board of Directors meeting
Upon a motion duly made by Director Porter and being seconded by Director Martin, the board unanimously
approved the minutes of February 27, 2008 meeting.
4. CONSENT AGENDA — ANY ITEM MAY BE REMOVED BY A BOARD MEMBER FOR DISCUSSION
+ ENTERTAIN A MOTION AND A SECOND TO APPROVE THE TIRZ ITEMS IN THE
SAME FORM AND MANNER AS WAS APPROVED IN THE PREVIOUS
REDEVELOPMENT AUTHORITY MEETING -- LINDSEY PFEIFFER, CHAIRMAN
A. Consider FY 2008-2009 Budget;
B. Consider proposals for the preparation of Agreed -Upon -Procedure Reports for the reimbursement of
Developers;
C. Receive Report, Discuss and to provide staff with direction to draft a reimbursement agreement for a
future agenda with regard to the Sylvan Beach Shoreline Rehabilitation Matching Grant;
D. Receive report with regard to the Lakes 'of Fairmont Green Project as it relates to fencing, intersection
signalization and other related public improvements;
E. Consider approval or other action with regard to authority invoices;
F. Staff report and updates;
G. Board member comments;
H. Adjournment.
Upon a motion duly made by Director Markin and being seconded by Director Porter, the board unanimously I
approved the consent agenda in the same manner and form as approved in the Redevelopment Authority Board
Meeting and adjourned at 7:39 PM.
SIGNED: ATTEST:
TITLE: TITLE:
DATE: DATE:
I
La Porte Tax Inurement Reinvestment Zone Number One,
City of LaPorte, Texas
Minutes of the Board Meeting
Held May 27, 2009
1. CALL TO ORDER AND DETERMINATION OF A QUORUM
The Board of Directors of the La Porte Tax Increment Reinvestment Zone Number One, City of La
Porte, Texas, held a meeting, open to the public, on the 27th day of May, 2009; the meeting was called
to order at 6:45 p.m. in the City Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas, and the roll was called of the duly appointed members of the Board, to wit:
Peggy Antone
Position. 1
Dave Turmquist
Position 2
Alton Porter
Position 3
Horace Leopard
Position 4
Doug Martin
Position 5
JJ Meza
Position 6
Lloyd Graham
Position 7
Chester Pool
Position. 8
Lin Pfeiffer
Position 9 - Chairman
and all of the above were present except Director Porter, Director Antone and Director Graham,
thus constituting a quorum. Also present at the meeting were Russell Plank (Port Crossing); John
Joerns, Debbie Westbeld and David Hawes.
Chairman Pfeiffer called the meeting to order at 7:19 p.m.
2. Consider approval of the minutes of the February 11, 2009 Board of Directors
meeting.
Upon motion made by Director Martin, seconded by Director Pool, the board voted
unanimously to approve the minutes as presented.
3. CONSENT AGENDA — ANY ITEM MAY BE REMOVED BY A BOARD MEMBER FOR
DISCUSSION
ENTERTAIN A MOTION AND A SECOND TO APPROVE THE TIRZ ITEMS IN
THE SAME FORM AND MANNER AS WAS APPROVED IN THE PREVIOUS
REDEVELOPMENT AUTHORITY MEETING
E
a. Consider Agreed -Upon Procedures Report with regard to project costs incurred by Port
Crossing Land, LP, a Texas limited partnership;
b. Consider Reimbursement to Port Crossing Land, LP, a Texas limited partnership based
upon accepted Agreed -Upon Procedures Report with regard to project costs;
c. Consider payment to City of La Porte in the amount of $100,000 for TIRZ and
Redevelopment Authority start-up costs;
d. Consider approval or other action with regard to authority invoices;
e. Receive Staff report and updates with regard to Port Crossing, Lakes on Fairmont Green,
Retreat at Bay Forrest Development Project, progress of the signal/paving project, and
status of audit;
f. Board member comments with regard to matters appearing on agenda;
g. Adjournment.
Upon a motion duly made by Director Pool and being seconded by Director Martin, the board
unanimously approved the consent agenda in the same manner and form as approved in the
Redevelopment Authority Board Meeting and adjourned at 7:23 PM.
SIGNED:
TITLE:
117:r1CN
ATTEST:
TITLE:
DATE:
LA PORTE TAX INCREMENT REINVESTMENT ZONE
STATE OF TEXAS ){
COUNTY OF HARRIS ){
CITY OF LA PORTE ){
NOTICE IS HEREBY GIVEN OF THE MEETING OF THE LA PORTE TAX INCREMENT REINVESTMENT
ZONE TO BE HELD ON August 26, 2009 AT 6:30 P.M. IN CITY COUNCIL CHAMBERS OF THE CITY
HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS
ACCORDING TO THE AGENDA LISTED BELOW:
Call to order — Lindsay Pfeiffer, President
2. Consider approval of the minutes of Board of Directors Meeting:
a. August 27, 2008
b. May 27, 2009
3. Consent agenda — any item may be removed by a board member for discussion
• Entertain motion and a second to approve the TIRZ items in the same form`and manner as was approved in the
previous redevelopment authority meeting — Lindsey Pfeiffer, Chairperson
a. Receive Nominations and Elect Officers;
b. Consider Fiscal Year 2008 La Porte Redevelopment Authority Audit;
c. Consider La Porte Redevelopment Authority Fiscal Year 2009-10 Budget;
d. Ratify Payments made La Porte Redevelopment Authority for Highway 146 Signal Project;
e. Consider Approval of 5% Payment to City of La Porte for Administrative Costs as Prescribed in the Tri Party
Agreement;
f. Consider Extension/Renewal of Agreement with Hawes Hill and Calderon LLP for Board Management and
Professional Services;
g. Receive and Discuss Reimbursement Agreement with La Porte 4b Corporation with regard to Sylvan Beach
Restoration Project;
h. Consider approval or other action with regard to authority invoices;
i. Receive Staff report and updates with regard to Port Crossing, Lakes on Fairmont Green, Retreat at Bay
Forrest Development Project, progress of the signal/paving project, and Preserve at Taylor Bayou,
j. Consider approval or other action with regard to authority invoices;
k. Receive Staff report and updates with regard to Port Crossing, Lakes on Fairmont Green, Retreat at Bay
Forrest Development Project, progress of the signal/paving projcct, and status of audit;
1, Board member comments with regard to matters appearing on agenda and inquiry of staff regarding
specific factual information or existing policy;
FOR YOUR
101
VA
E
ass
& askins P.C.
ATTORNEYS and COUNSELORS
Knox W. Askins
Clark T. Ask=
July 21, 2009
via email
Mr. Ron Bottoms, City Manager
Mr. John Joerns, Assistant City Manager
Ms. Kathy Powell, Director of Finance
Re: Russell Plank Tax Matter
Dear Folks:
Enclosed is copy of letter from the attorney for Russell Plank°s
company, to the attorney for La Porte 81, Ltd., which sold the
property to Russell Plank, in connection with the disputed
agricultural roll back issue. When NPH pays the taxes, there is no
reason that the various taxing agencies could not be dismissed from
this litigation.
I will keep you posted on the progress of this case.
KWA:sw
Enclosure
E
Your v ry truly,
Knox W. Askins
City Attorney
City of La Porte
702 W. Fairmont Parkway, P.Q. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone • 281.471.2047 fax • knoxaskins@comcast.net • rtaskins@swbeU.net
ha nesboone
July 17, 2009
Mr_ Craig Olivier
ATTORNEY AT LAW
1414 W. Clay
Houston, Texas 77019
: C ET, ]C
I JUL 2 0 20o5
Y:
Via CMRRR
Re: No. 2008-59553; LaPorte 81, Ltd., et al. v. National Property Holdings, L.P., et al., In
the 11" Judicial District Court of Harris County, Texas
Dear Mr. Olivier:
We have received the corrected tax bills from the City of La Porte and Harris County, which now
reflect the rollback taxes owed for 2001 and 2002. The tax bills are enclosed for your reference.
Looking at the tax bills, your client's claims, and the facts in this case, it seems that the parties
should be able to resolve this matter without the need for further Court action.
As you know, your client seeks to recover $116,455.62, which it claims to be the difference
between the credit it gave at closing and rollback taxes that were previously billed. (incorrectly)
to reflect only a portion of the total tax liability. The corrected tax bills show that an additional
$109,697.52 is owed to the taxing authorities. Because the taxing authorities reasonably appear
to have a superior claim to the $109,697.52, National Property Holdings, L.F. (`'NPH") intends
to pay that amount to the taxing authorities.
This means that the difference between the closing credit and the total rollback taxes is
$6,758.10. NPH intends to apply this amount to the legal fees that your client has caused it to
ineur as a result of this lawsuit. Texas law allows an interpleading party to recover attorneys'
fees as costs from the claimant whose unsuccessful claim rendered the interpleader necessary.
See Beneficial Standard Life Iris., Co. v. Trinity Nat'l Bank, 763 S.W.2d 52, 56 (Tex. App.----
Dallas 1988, writ denied). As you might expect, NPH has incurred much more than $6,759.10 in
attorneys' fees as a result of your client's lawsuit. Yet NPH will forbear recovery of its
remaining attorneys' fees provided that your client dismisses its lawsuit with prejudice upon
NPH's payment of the taxes to the taxing authorities.
Please let us know by Friday, July 24, 2009, if your client will dismiss its lawsuit. We look
forward to resolving this matter without the necessity of the Court's intervention.
Haynes and Boone, LLF;
Mwneys and Counselors
One Houston Cente,
1221 McKinney Sireet, Suite 2100
Houston, Texas 77010.2007
Phone: 713.547,200C
Fcix 713.547.260C
www.hor sboone.00m
haynesboone
Mr. Craig Olivier
July 17, 2009
Page 2
Sincercly,
Jacob T. Fain.
Direct Dial. 713.547.2212
Direct Faz: 713.236.5658
jacohfain@haynesboone.com
Enclosures
cc: Mr. G. Wesley Urquhart
G. WESLEY URQuRART, P.C.
P.O. Box 272928
Houston, Texas 77277-2928
Ms. Susan M. Fillion
Assistant County Attorney
VINCE RYAN, HARMS COLNTY ATTORNEY
1019 Congress, 15`h Floor
Houston, Texas 77002
Ms. Maureen R.M. Singleton
TiiowsoN & HORTON LLP
711 Louisiana Street, Suite 2100
Houston, Texas 77002-2746
Mr. Knox W..Asklns
AsxINs & AsKiNs, P.C.
702 West Fairmont Parkway
P.O. Box 1218
La Porte, Texas 77572-1218
Mr. Robert P. McConnell
OLSON & OLSON, L.L.P.
Worthm Tower, Suite 600
2727 Allen Parkway
Houston, Texas 77019-2133
14-771199 2.130C
Ka CMRRR
Via CMRRR
Via CMR"
lia CMRRR
Via CALk"
07107/2089 08. 21 7133602625 . HC SPECIAL- PROJECTS PAGE 02
< C0�
DEU QUENT TAX STATEMENT SUMMARY
a$
HARM CaUM TAX ASSMSOR COLLF) I O R
loot FWTON AVJL. sum 140
ROUSTON, TEXAS 77002
Certified 0"er: 1..gLat JD"Cdpticp=
L& lPDRTZ 31 LID TR it3
STUART HAYNSW O RTH GEN)eRAL ABET 30 w P HA1t1ttS
E15 WALKER ST STE 1435
k3Lt7RT3'1 ON. TX 77001-5750
2003 Velaa S l.q�ai lkerea: E0B,92D0
Acmant No: 040-244-003-NO3 CADI 0402440030003 Parcel AdArew 0 STATE HWY t46
As of Date:07M7a0W Pry Ante:47)07MO .Pdacelay:ALM$
rf+ PAM IN
IF FAED IK
IF TAM IN
Rwc
MY 1009
AUGUST 2009
S£PTXmXR 20"
Pesshiea 4k
rmuddes &
Pen Ida &
Tax
Year
Tax C3�fib
Due
Cnterest Total
ltmawt Total
lPktar=t TOM
2001
40 41 42 4S 44 47
t10,99"
30.00
St0,990.23
50.00
SE0.990.23
30.00
114.998.23
2M
1 40 Al 42 43 44 47
$3,949-79
$0.00
$3,443.74
$0.00
V,90,791
i0.00
f3,P42.79
TOTAL A1KOMDM- R4,9" 12 50.00 114,93L62 Meo St4,934." i0.00 3};4,9.34.02
Ta= Uou Cafes: Amvsmb have AG Ragbwk &Ty included
44 u3nis Cosay 41 HaM ODWKf F106d CMWI MA 42 Pon of Homan As4:odry 43 Hawis Cmmsu7 H owtd varlet
44 f*dv Camety D*K ofEdw +gm 41 San iagkA%Catieee Mtriet
nXA99 CUT AT TM DUtIM IME MM RWWW x'= l'aii'iJ N "► 711 YO13lt YAYMSi.
CAD- 04=440030003
PLEASHSfa
LEMMA !1411010111010MP3111
f�aautrsrotnaTx7E•,�x safl�otx,arcrroftP-0- 8C1 :Fs2 t 0 4 0 4 � is
ROUSTON, TEX" 77414-"" �
0�4s.00�i-4003
XAM RT6Ot L"
SIVAaT ltAYNSWORTSOWZRA1.
3Is wA1.i=&T 8Tm14m
3�
r�
1HOuvrOm, Tx Tmv -sass -
0400440030OD30 ❑102 0014434d2 O01493402 U01493402 t7DOUD000D
g Papy
Aeaas<nt Dee
)tit 2009
514934A2
AUG2009
514,934A2
SSP2004
514,"4.02
M.em-tE.ld: S
La Porte Tax Office
Agticultute Use Rollback Calculation Farm.
OwnerName: La Porte 81. Ltd Legal Description: Tr 1B
Stuart Haynsworth Genetal Abst 30 W P Harris
815 Walker Street, Suite 1435 108.92 Acres
Houston, TX- 77002-5750
Date of Change: jauuary 1, 2006
Account 040L244-003-0003
La Porte I.S.D.
Year
I Market Value
Ag Use
Value Loss
Tax Rate
Levy Use
Interest
I Tex Due
2001
1,098,010
8,540
10892470
0.016300
17,758,36
1.2976438
23,044.03
2002
1,098,010
9,680
1,088,330
0.016800
18,283.94
1,2276439
22,446.17
2003
0
0
0
0.016800
100
1.1576438
0.00
2004
0
0
0
0,017335
0.00
1.0876438
0.00
2005
0
0
0,I
0.037335
0.00
1.0176438
0.0(
Total Due to La Porte I.S.D.:
45,4902Q
City of La Porte
Year
Market Value
Ag Use
Value Loss
'T'ax Ttate
Levy Loss
Interest
I Tax Due
2001
1,098,010
8,540
1,089,470
0.0071
7,735.24
1.2976438
10,037.58
2002
3,098,010
9,680
1,088,330
0.0071
7,727.14
1.2276438
9,486.18
2003
0
0
0.0071
0.00
1.1576438
0.00
2004
0
0
0 i
0,0071
0.00
1.0876438
0.fl0
2005
0
0
0
U_0071
0.00
1.0176438
0.00
Total clue to City of La Porte_
19,523.76
Total Due to La Pane Tax Office 1 65,013.96
IiUE NO LATER THAN JANUARY 31., 2010
CORRECTED NOTICE:
' 3{30/2009 '
71336
c o s,
K p$L7NQUENT TAX ST'ATEMY," S�,A,XY 4si.
LCO VASOURZ `
HARM COII,hI2'X TAX ASSESSOR-COLU3CMR
1Rb1 FREMN AYB., surm too
HoUmN, TxXAS 7ml
Ceraw. omw. Leal iiwcriptlalr: ;i•
Y A. PoRTx LTD Sl' TRW
SMART RFAYNSWORTS GErG=L Assn �s 7 8rnvr�x 1;=
$15 WAI KXER ST STE 1435 k
D,auSTON, TX 77 5750 ?':^
Aeeeunt No: 04(1- l5-M4*03 CAJk 040279MI0001 farct.Adar.: 0 STATEMMIWAY J46
As of )D•re_ 01/0/009 Pdat pOr: 4710712M R)lr --
IT"
Owl
Tim
IF PAIIiIIY
.1717. Y no
IF PA M IN
Atp=T 2"
IF PAID IN
5FPTZl�EBF.It Y049
4
:?;
fespiths &
tili dk
PelItRs do
Year
UttW
Duo
Iutemt 'TOW
burs# Toth
latmw TOW
soar
to 4l sz 4"� 44 47
AO 4t 42 43 44 47
s4,13i.S1
$1,177M
soot
snag
sal3l.st
S1,r77.23
Soon S4,r3[sl
30.00 Yi,17723
km
MOO
t4.r3L_SI
S1.177.23
5
S
iDTAL AM09T,F' MM fB 8.74 so" SS,3W.74 50.00 S%M1,74 Moo 55,M.74 8: '
Tsx unit codm Amosma haw AG Rollback Uvy bxtxded
40 BmisCv®lT 41 XUidsCouWFio9dCo*WDin 41 FmbfHmftttAVWdty 43 lisrrirt"DOWHW#bdENMtkt
44 H ttis Comely Dcpi. si as 47 Sm beho C VWV DWdi t
fq'
f
a�
PIXASoi CW AT TM AOT TED Lm AND 7jrrm Tms PaRTrt7r'y wnw Youx FAYN391CF.
CAD; 04027R041o003
CCO r..
p,p RpR + 0 4 ORARR40111
80rJ87�![,'1'�lrAti 77lf�4472 � g,
D7e-oex
X A g01t:717Bmoei
93VART BAtf74diR'is1[ TA GEMPLAL
f S WAV�rt S STB *US
u rxw Jay
A.wvwit Atte
200
SSOOL74
sEP 2W9
S5,301.74
.Am oot R&-
SON, x Tr!ow50
04027800100033 DIOR OD0530674 =530874 DW530674 00DOODD00
La forte Tax Office
xiculture Use RoIiback Calculation Form
Owner Nome: La Prate Ltd 81. Legal Description: Tr 1B
Stuart Haynsworth Abst 35 J Hunter
815 Walker Street, Suite 1435 63.95 Acres
Honstou, TX 77002-5750 713-522-5606
Date of Change: January 1, 2006
Account: 040-278-001-0003
La Porte I.S.D.
Year
M=I,=t Value
Ag Use
Value Loss
! Tax Rate
Levy Loss
Interest
I Tex Due
2001
414,470
4,800
409,670
0.016300
63677.62
1.297644
8,665.17
2002
414;470
5,440
409.030
4.016800
6,871.70
1.22764.4
8,436.01
2003
0
0
U
0.016800
0.00
1.15764-4
0.00
2004
0
0
0
0.017335
0.00
1.087644
0.00
2005
0
0
0.
0.0173M
0.00
1.017644
0.00
Total to La Poxtc LS.D-:
tal Doe
17,101.18
City of La Porte
Year
Marlret Value
Ag Use
Value Lass
Tax Rate
Levy Loss
Interest
Tax Due
2001
414,470
1 4,800
409,670
0.0071
2,908.66
1.297644
3.774.40
2002
414,470
5,440
409 430
0.0071
2,904.11
1.227644
3,565.22
2003
0
0
0
0.0071
0.00
1.157W
0.00
2004
0
0
0
0.0071
0.00
1.087644
0.00
2005
0
0
0
0.0071.
0.00
1.017644
0.00
Total due ko City, of La Porm
7,339.62
Tarn] Due to I.n Porte Tax Office 1 24,440.80
DUE ITTO LATER THAN JANUARY 31, 2010
I
CORRECTED NOTICE:
Notice for 2001 2002 only; 2003, 2004, 2005 Preciously billed 3f30i2009