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HomeMy WebLinkAbout04-27-11 LPRDA/TIRZNOTICE OF MEETING OF LA PORTE TAX INCREMENT REINVESTMENT ZONE Notice is hereby given of a meeting of the La Porte Tax Increment Reinvestment Zone to be held Wednesday, April 27, 2011, at 6:30 p.m., in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items: Call to order — Lindsay Pfeiffer, President 2. Consider approval of the minutes of Board of Directors Meeting held on August 25, 2011; 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. Consider approval of the La Porte Redevelopment Authority FY 2010 Audit; b. Consider request from Port Crossing for an amendment to Development Agreement extending the interest receipt term by three additional years; c. Consider approval or other action with regard to authority invoices; d. Board member comments with regard to matters appearing on agenda and inquiry of staff regarding specific factual information or existing policy; In compliance with the Americans with Disabilities Act, the City of La Porte City will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019 or TDD 281-471-5030. 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 Page 1 of 2 April 27, 2011, TIRZ Agenda CERTIFICATION I certify that a copy of the April 27, 2011, agenda of items to be considered by the Tax Increment Reinvestment ,done was posted on the City Hall bulletin board on April 21, 2011. Patrice Fogarty, City I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board on the day of , 2011. Title: Page 2 of 2 April 27, 2011, TIRZ Agenda La Porte Tax Increment Reinvestment Zone Number One, City of La Porte, Texas Minutes of the Board Meeting Held August 25, 2010 Call to order — Vice Chairman Doug Martin 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 25th day of August, 2010; the meeting was called to order at 6:56 p.m. in the City Council Conference Room 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 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 and Pfeiffer, thus constituting a quorum. Also present at the meeting were John Joerns, Stacey Osborne, David Hawes. Consider approval of the minutes of the August 25, 2010 Board of Directors meetings. Upon motion made by Director Turnquist, seconded by Director Leopard, the board voted unanimously to approve the minutes as presented. 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 a. Consider approval of the proposed La Porte Redevelopment Authority Fiscal Year 2010-2011 Fiscal Year Budget; b. Consider approval or other action with regard to authority invoices; c. Board member comments with regard to matters appearing on agenda and inquiry of staff regarding specific factual information or existing policy; d. Adjournment. Upon a motion duly made by Director Leopard and being seconded by Director Turnquist, the board unanimously approved the consent agenda in the same manner and form as approved in the Redevelopment Authority Board Meeting and adjourned at 6:57 PM. SIGNED: TITLE: ATTEST: TITLE: DATE: DATE: Agendas and Agenda Materials Meetin,Qs of the Boards of Directors La Porte Redevelopment Authority La Porte Tax Increment Reinvestment Zone April 27, 2011 NOTICE OF MEETING OF LA PORTE REDEVELOPMENT AUTHORITY Notice is hereby given of a meeting of the La Porte Redevelopment Authority to be held Wednesday, April 27, 2011, at 6:30 p.m., in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items: 1. Call to order — Lindsey Pfeiffer, President; 2. Consider approval of the minutes of Board of Directors Meeting held on August 25, 2010; 3. Consider approval of the La Porte Redevelopment Authority FY 2010 Audit; 4. Receive staff report and updates with regard to Port Crossing, Lakes on Fairmont Green, Retreat at Bay Forrest Development Project, and Preserve at Taylor Bayou; 5. Consider request from Port Crossing for an amendment to Development Agreement extending the interest receipt term by three additional years; 6. Consider approval or other action with regard to authority invoices; 7. Board member comments: a. Matters appearing on Agenda b. Inquiry of staff regarding specific factual information or existing policy 8. Adjournment. In compliance with the Americans with Disabilities Act, the City of La Porte City will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019 or TDD 281471-5030. 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 QOt--'haw.+ Page 1 of 2 April 27, 2011, Redevelopment Authority Agenda CERTIFICATION I certify that a copy of the April 27, 2011, agenda of items to be considered by the Redevelopment Authority was posted on the City Hall bulletin board on April 21, 2011. QU& 4ql:�6v Patrice Fogarty, City Secretary I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board on the day of 2011. Title: Page 2 of 2 April 27, 2011, Redevelopment Authority Agenda La Porte Redevelopment Authority Board Memorandum April 27, 2011 To: Board of Directors From: David W. Hawes, Executive Director Agenda Item: 3. Consider approval of the minutes of Board of Directors Meeting held on August 25, 2010 Minutes attached for your review. La Porte Redevelopment Authority, City of La Porte, Texas Minutes of the Board Meeting Held August 25, 2010 1. Call to order — Lindsay Pfeiffer, President The Board of Directors of the La Porte Redevelopment Authority, City of La Porte, Texas, held a meeting, open to the public, on the 25day of August, 2010; the meeting was called to order at 6:35 p.m. in the City Council Chambers of the City council conference Room, 604 West Fairmont Parkway, LaPorte, 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 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 and Pfeiffer, thus constituting a quorum. Also present at the meeting were John Joerns, Stacey Osborne, David Hawes. 2. Consider approval of the minutes of Board of Directors Meeting held on June 30, 2010. Upon motion made by Director Turnquist, seconded by Director Pool, the board voted unanimously to approve minutes as presented. 3. Consider approval of the proposed La Porte Redevelopment Authority Fiscal Year 2010- 2011 Fiscal Year Budget. Mr. Hawes reviewed the budget with the board. Upon motion made by Director Antone, seconded by Director Meza, the board voted unanimously to approve the FY 2010-2011 Fiscal Year Budget as presented to the board. 4. Receive staff report and updates with regard to Port Crossing, Lakes on Fairmont Green, Retreat at Bay Forrest Development Project, and Preserve at Taylor Bayou. The Staff and developer apprised the board of their meetings with Mr. Larson with regard to Lakes on Fairmont Green and issues related to the Public Improvement district. The city staff and Mr. Larson agreed to remove the supplemental services component for the Public Improvement District. No action was taken. 5. Consider approval of invoices. Mr. Hawes presented the invoices. Upon a motion made by Director Graham, and being seconded by Director Antone, the board unanimously approved payment of the invoices. 6. Board comments ---None were offered. 7. Adjournment. The Chairman adjourned the meeting at 6:55 PM SIGNED: TITLE: ATTEST: TITLE: DATE: DATE: La Porte Redevelopment Authority Board Memorandum April 27, 2011 To: Board of Directors From: David W. Hawes, Executive Director Agenda Item: 3. Consider approval of the La Porte Redevelopment Authority FY 2010 Audit. The draft 2010 audit report is attached for your review. DRAFT LA PORTE REDEVELOPMENT AUTHORITY ANNUAL FINANCIAL REPORT SEPTEMBER 30, 2010 LA PORTE REDEVELOPMENT AUTHORITY TABLE OF CONTENTS SEPTEMBER 30, 2010 DRAFT 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 Notesto Financial Statements............................................................................................. 7 —10 Required Supplementary Information: Schedule of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual — General Fund.................................................................................. 11 Note to Required Supplementary Information.................................................................... 12 I$z:�j DRAFT PATTILLO, BROWN & HILL,r..L.P. CERTIFIED PUBLIC ACCOUNTANTS N 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"), a component unit of the City of La Porte, Texas, as of and for the year ended September 30, 2010, 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 made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. 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, 2010, 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 Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information on pages 2 through 4 and 11 through 12 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. March 11, 2011 401 WEST HIGHWAY 6 ■ P. O. BOX 20725 ■ WACO, TX 76702-0725 ■ (254) 772-4901 ■ FAX: CM) 7724920 ■ www.pbhcpa.corn .AFFILIATE OFFICES: BROWNSVIU E, TX (956) 544-7778 ■ HILLSBORO, TX (254) 582-2583 TEMPLE, TX (254) 791-3460 ■ ALBUQUERQUE, NM (505) 266-5904 DRAFT 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, 2010. 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 "TME') 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, 2010, by $(26,180) (i.e. Net assets deficit). • The Authority's total net assets increased by $490,546 during the year. • Cash and investments equaled $581,337. • Annual expenses consist of construction of infrastructure 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 Fund 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 DRAFT 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, 2010, the Authority's liabilities exceeded assets by $26,180. La Porte Redevelopment Authority's Net Assets 2010 2009 Assets $ 772,519 $ 406,560 Other liabilities 183,673 308,260 Long-term liabilities 615,026 615,026 Total liabilities 798,699 923,286 Net assets (deficit): Unrestricted ( 26,180) ( 516,726) Total net assets (deficit) $( 26,180 $L 6,726 Overall, the Authority had an increase in net assets of $490,546. This increase is primarily related to the increase in property tax collections. 3 DRAFT La Porte Redevelopment Authority's Change in Net Assets 2010 2009 Revenues: Program revenues: Charges for services - developers $ 89,483 $ 312,437 Total program revenues 89,483 312,437 General revenues: Property taxes 1,738,188 946,025 Interest 910 5,212 Total general revenues 1,739,098 951,237 Expenses: General government 1,321,416 1,319,499 Interest and fiscal charges 16,619 167,054 Total expenses 1,338,035 1,486,553 CHANGE IN NET ASSETS 490,546 ( 222,879) NET ASSETS, BEGINNING ( 516,726) ( 293,847) NET ASSETS, ENDING $ 26,180 $L 516,72 Annual expenses consist of payments to developers for infrastructure in the City. Budgetary Highlights During the year, the Authority did not amend its budget. Revenues were greater than anticipated primarily due to the additional collection of property taxes. Long-term Debt The Authority owes $615,026 to the City of La Porte. 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 Fist cal Year 2010. As of January 1, 1999, the property tax base was $7,385,080. As of January 1, 2010, the property tax value is $78,045,860. The tax rate is $.71 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, Texas 77227. 4 LA PORTE REDEVELOPMENT AUTHORITY STATEMENT OF NET ASSETS AND GOVERNMENTAL FUND BALANCE SHEET SEPTEMBER 30, 2010 General Adjustments ASSETS ra A 1j,"WrJARMW Statement of Net Assets Cash and investments $ 581,337 $ - $ 581,337 Due from other governments 189,262 - 189,262 Due from developer 1,920 - 1,920 Total assets 772,519 - 772,519 Accrued interest payable -due to the City of La Porte - 183,673 183,673 Due to City of La Porte - 615,026 615,026 Total liabilities - 798,699 798,699 FUND BALANCE/NET ASSETS (DEFICTf) Fund balance: Unreserved, undesignated 772,519 772,519 Total fund balance 772,519 772,519 Total liabilities and fund balance $ 772,519 Net assets (deficit): Unrestricted 26,18 ( 26,180) Total net assets (deficit) $ 26 180 $ 26 180 The accompanying notes are an integral part of these financial statements. E ra A plim1W LA PORTE REDEVELOPMENT AUTHORITY STATEMENT OF ACTIVITIES AND GOVERNMENTAL FUND REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE FOR THE YEAR ENDED SEPTEMBER 30, 2010 Expenditures/expenses: Current: General government Debt service: Interest and fiscal charges Total expenditures/expenses Program revenues: Charges for services -developers Total program revenues Net program revenues General revenues: Property taxes Interest Total general revenues Excess (deficiency) of revenues over (under) expenditures Change in net assets (deficit) Fund balancetnet assets (deficit): Beginning Ending Statement General Adjustments $ 1,321,416 $ - $ 1,321,416 - 16,619 16,619 1,321,416 16,619 1,338,035 89,483 - 89,483 89,483 - 89,483 (1,231,933) ( 16,619) ( 1,248,552) 1,738,188 - 1,738,188 910 - 910 1,739,098 - 1,739,098 507,165 ( 507,165) 490,546 490,546 265,354 ( 782,080) 516,72 $ 771519 $ 798,699 $L 6180 The accompanying notes are an integral part of these financial statements. 6 DRAFT LA PORTE REDEVELOPMENT AUTHORITY NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2010 1. 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 a 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 DRAFT 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Measurement Focus. Basis of Accountina 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 Eauity 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, 2010, 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) r DRAFT 1. 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, 2010, the Authority does not have reservations or designations of fund balance. NetAssets 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 Deficit Net Assets A net asset deficit of $26,180 exists as of September 30, 2010. This deficit is the result of the Authority borrowing money from the City of La Porte to finance capital improvements. As of September 30, 2010, the amount outstanding that was used to finance construction of assets was $615,026. 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, 2010, $331,357 of the Authority's $581,357 deposit balance was collateralized with securities held by the pledging financial institution. The remaining balance, $250,000, was covered by FDIC insurance. (continued) Z 3. DETAILED NOTES ON ALL FUNDS (Continued) Long-term Obligations — Due to the City 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, 2010, was as follows: Governmental activities: Due to the City of La Porte Beginning Balance Additions $ 615,026 $ $ 615,026 $ - 4. COMMITMENTS AND CONTINGENCIES Ending Reductions Balance $ 615,026 $ - $ 615,026 The Redevelopment Authority is a party to several agreements with developers who own property in the La Porte Tax Increment Reinvestment Zone #1. The Authority is obligated to repay the developers for public improvements made on the property up to the amount of incremental tax value gained A liability is not able to be determined because the amount of incremental tax value that will be gained is not estimable. The Authority has entered into agreements with the following developers: Port Crossing Land, LP; 65 La Porte, LP; and Retreat at Bay Forest, LP. Port Crossing has completed the public improvements detailed in the agreement with the Authority. The accounting firm of McCall, Gibson, Swedlund, Barfoot, PLLC, was hired by the Authority to review the developer's expenses and determine the amount of reimbursable expenditures, which totaled $12,096,488. To date, payments in the amount of $1,859,700 have been made to Port Crossing for incremental tax value gained. 65 La Porte, LP, has also completed the improvements detailed in its agreement with the Authority; however, the developer has not applied for reimbursement because there has been no incremental tax value gained. 10 DRAFT 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, 2010 Budgeted Amounts Original Final Revenues: Variance with Final Budget Actual Positive Amounts (Negative) Property taxes $ 1,400,804 $ 1,400,804 $ 1,738,188 $ 337,384 Charges for services - - 89,483 89,483 Interest 2,500 2,500 910 ( 1,590) Total revenues 1,403,304 1,403,304 1,828,581 425,277 Expenditures: Current: General government 1,413,966 1,413,966 1,321,416 $ 92,550 Total expenditures 1,413,966 1,413,966 1,321,416 92,550 Change in fund balance Fund balance - beginning Fund balance - ending ( 10,662) ( 10,662) 507,165 265,354 265,354 265,354 $ 254,692 $ 254,692 $ 772,519 11 332,727 $ 332,727 DRAFT LA PORTE REDEVELOPMENT AUTHORITY NOTE TO REQUIRED SUPPLEMENTARY INFORMATION SEPTEMBER 30, 2010 An annual budget is adopted on a basis consistent with generally accepted accounting principles. The legal level of control is a fund. M La Porte Redevelopment Authority Board Memorandum April 27, 2011 To: Board of Directors From: David W. Hawes, Executive Director Agenda Item: 5. Consider request from Port Crossing for an amendment to Development Agreement extending the interest receipt term by three additional years Background: The La Porte Redevelopment Authority currently has a Development Agreement with Port Crossing Limited for the purpose of constructing Tax Increment Reinvestment Zone public infrastructure on behalf of the City of La Porte and TIRZ. As cited below in the development agreement, developer interest accrues from the date that the developer expends the money for public infrastructure for a period not to exceed five (5) years. Section 6.1 (b) ... Interest (as defined in Subsection 6.1(F)) on each Developer Advance made pursuant to this Subsection shall accrue from the date the Developer expended the funds and shall accrue for a maximum period of five (5) years from such date. At such time as funds are available to pay all or any portion of the Developer Advances made hereunder, the La Porte Authority, at its expense, shall hire a certified public accountant to calculate the amount due Developer and shall prepare and submit a report to the La Porte Board and send a copy to the City Manager certifying (1)the amount due Developer for the Developer Advances being repaid with interest calculated thereon as specified herein and (2) that funds are available to make such payment. Upon receipt of such report, the La Porte Board shall promptly authorize and make payment to Developer. Issue: The developer believes they have performed in every aspect of the agreement and that several factors occurred that mitigated their ability to be reimbursed in accordance with the development agreement causing them undue hardship. The first factor is the downturn in the economy resulting in the Authority's inability to issue notes, bonds or enter into other obligations that would result in reimbursement to the developer as contemplated. The second factor is the lack of construction by the Lakes at Fairmont Green. By not constructing homes in accordance with their development agreement, this also has resulted in a negative impact on the Authority's ability to issue debt. This factor has resulted in the concentration of the majority of TIRZ Increment within the Port Crossing development. Staff will stipulate that the lack of diversity in Tax value increment has been the leading cause of the Authority's inability to issue debt or enter into other notes, bonds or obligations. As a result, while Port Crossing has preformed and created substantial increment, the concentration of increment is so high within their development, no private placement may be obtained or public debt be issued to provide reimbursement to Port Crossing. Request: Due to the above factors, Port Crossing is requesting an amendment to their development agreement with respect to Section 6.1 (b) to increase the limitation on term of interest from five (5) years to eight (8) years. La Porte Redevelopment Authority Board Memorandum ril 27, 2011 To: Board of Directors From: David W. Hawes, Executive Director Agenda Item: 6. Consider approval or other action with regard to authority invoices. Cash flow reports for the Operating Account and Construction Account are attached for your review. 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Box 22167 Houston TX 77227-2167 TIRZ -La Porte # 1 604 W. Fairmont Pkwy. LaPorte, TX 77571 Page 1 STATEMENT DATE 4/25/2011 I I AMOUNT REMITTED DATE INVOICE NO. DESCRIPTION CHARGES PAYMENTS BALANCE 9/1/2010 00003766 Sale; TIRZ -La Porte # 1 $2,132.79 $2,132.79 10/1/2010 00003767 Sale; TIRZ -La Porte # 1 $2,000.00 $2,000.00 11/l/2010 00003768 Sale; TIRZ -La Porte # 1 $2,000.00 $2,000.00 12/1/2010 00003769 Sale; TIRZ -La Porte # 1 $2,000.00 $2,000.00 1/l/2011 00003801 Sale; TIRZ -La Porte # 1 $2,053.60 $2,053.60 2/1/2011 00003802 Sale; TIRZ -La Porte # 1 $2,000.00 $2,000.00 3/1/2011 00003873 Sale; TIRZ -La Porte # 1 $2,000.00 $2,000.00 3/1/2011 00003874 Sale; TIRZ -La Porte # 1 $3,500.00 $3,500.00 4/25/2011 Finance Charge $0.00 $0.00 CURRENT 30 DAYS 90 DAYS 90+ DAYS AMOUNT DUE $7,500.00 $10,186.39 $17,686.39 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 #: 00003766 Date: 9/1/2010 Page: 1 Invoice DATE IDESCRIPTION I AMOUNT , Project Management Services, September 2010 Mileage, D Hawes (August) In house copies - 477 @ .15 each + 19 sets @ $1.00 each Postage Sales Tax: Total Amount: $2,000.00 $41.80 $90.55 $0.44 $0.00 $2,132.79 Amount Applied: I $0.00 Balance Due: $2,132.79 Terms: C.O.D. Coo D 0 -1 i3 m 0 m 0 0 0 z � - - 0 K .9C 0 c D000� rcn oocnn oo0m O �m co b 0 0 W r m x v m z Lo m 0 m D r 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 #: 00003767 Date: 10/1/2010 Page: 1 Invoice DATE DESCRIPTION AMOUNT i j I I Project Management Services, October 2010 $2,000.00 I I I I I I I i I i Sales Tax: Total Amount: $2,000.00, Amount Applied: $0.00 Balance Due: $2,000.00 Terms: C.O.D. 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 #: 00003768 Date: 11/1/2010 Page: 1 Invoice DATE DESCRIPTION AMOUNT I I � Project Management Services, November 2010 I $2,000.00 I I i I i I � I I I I I I Sales Tax: $0.00' Total Amount: $2,000.00 I Amount Applied: $0.00 1 Balance Due:T $21,000.00 Terms: C.O.D. 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 #: 00003769 Date: 12/ 1 /2010 Page: 1 Invoice DATE DESCRIPTION AMOUNT I I Project Management Services, December 2010 I Sales Tax: Total Amount: Amount Applied: Balance Due: $2,000.00 i � I I $0.00 $2,000.00 $0.00 $2,000.00 Terms: C.O.D. 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 #: 00003801 Date: 1/l/2011 Page: 1 Invoice DATE DESCRIPTION Project Management Services January2011 —AMOUNT $2,000.00 12/1/2010 Hour Messenger I I I $53.60 I li I I I ' I I I I Sales Tax: $0,00' Total Amount: $2,053.60 $0.00 Amount Applied: $2,053.60 I Balance Due: Terms: C.O.D. 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 #: 00003802 Date: 2/1/2011 Page: 1 Invoice PDATME DESCRIPTION AMOUNT I i I I � Project Management Services February 2011 i $2,000.00 I I I � I I I i i I i Sales Tax: $0.00 Total Amount: $21000.00 Amount Applied: $0.00 Balance Due: $2,000.00 i erms: u.u.11. 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 #: 00003873 Date: 3/1/2011 Page: 1 Invoice II DATE DESCRIPTION AMOUNT Project Management Services, March 2011 $2,000.00 I I I I i i I Sales Tax: I I $0.00 Total Amount: $2,000.00 Amount Applied: $0.00 $2,000.00 Balance Due: Terms: C.O.D. 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 #: 00003874 Date: 3/1/2011 Page: 1 Invoice Terms: C.O.D. NOTICE OF MEETING OF LA PORTE TAX INCREMENT REINVESTMENT ZONE Notice is hereby given of a meeting of the La Porte Tax Increment Reinvestment Zone to be held Wednesday, April 27, 2011, at 6:30 p.m., in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items: Call to order — Lindsay Pfeiffer, President 2. Consider approval of the minutes of Board of Directors Meeting held on August 25, 2011; 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. Consider approval of the La Porte Redevelopment Authority FY 2010 Audit; b. Consider request from Port Crossing for an amendment to Development Agreement extending the interest receipt term by three additional years; c. Consider approval or other action with regard to authority invoices; d. Board member comments with regard to matters appearing on agenda and inquiry of staff regarding specific factual information or existing policy; In compliance with the Americans with Disabilities Act, the City of La Porte City will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019 or TDD 281-471-5030. 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 Page 1 of 2 April 27, 2011, TIRZ Agenda CERTIFICATION I certify that a copy of the April 27, 2011, agenda of items to be considered by the Tax Increment Reinvestment Zone was posted on the City Hall bulletin board on April 21, 2011. fl & jw�� Patrice Fogarty, Cfty Secretary I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board on the day of 2011. Title: Page 2 of 2 April 27, 2011, TIRZ Agenda La Porte Tax Increment Reinvestment Zone Board Memorandum 1279 2011 To: Board of Directors From: David W. Hawes, Executive Director Agenda Item: 2. Consider approval of the minutes of Board of Directors Meeting held on August 25 2011. Minutes are attached for your review. La Porte Tax Increment Reinvestment Zone Number One, City of LaPorte, Texas Minutes of the Board Meeting Held August 25, 2010 Call to order — Vice Chairman Doug Martin 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 25t' day of August, 2010; the meeting was called to order at 6:56 p.m. in the City Council Conference Room 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 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 and Pfeiffer, thus constituting a quorum. Also present at the meeting were John Joerns, Stacey Osborne, David Hawes. Consider approval of the minutes of the August 25, 2010 Board of Directors meetings. Upon motion made by Director Turnquist, seconded by Director Leopard, the board voted unanimously to approve the minutes as presented. 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 a. Consider approval of the proposed La Porte Redevelopment Authority Fiscal Year 2010-2011 Fiscal Year Budget; b. Consider approval or other action with regard to authority invoices; c. Board member comments with regard to matters appearing on agenda and inquiry of staff regarding specific factual information or existing policy; d. Adjournment. Upon a motion duly made by Director Leopard and being seconded by Director Turnquist, the board unanimously approved the consent agenda in the same manner and form as approved in the Redevelopment Authority Board Meeting and adjourned at 6:57 PM. SIGNED: TITLE: ATTEST: TITLE: DATE: DATE: