HomeMy WebLinkAbout9-27-21 Regular Meeting of the La Porte Development Corporation BoardRICHARD WARREN, PRESIDENT
BRENT McCAULLEY, COUNCILPERSON
RACHEL COTTON, BOARD MEMBER
CHUCK ENGELKEN, COUNCILPERSON
DANNY EARP, BOARD MEMBER
JOHN BLAKEMORE, BOARD MEMBER
NANCY OJEDA, VICE-PRESIDENT
CITY OF LA PORTE DEVELOPMENT CORPORATION MEETING AGENDA
Notice is hereby given of a meeting of the City of La Porte Development Corporation to be held on
September 27, 2021, at the City Hall Council Chamber, 604 West Fairmont Parkway, La Porte, Texas,
beginning at 4:30 pm to consider the following items of business:
Remote participation is available, also. Attend via a screen using this link:
https://us02web.zoom. us/j/87900089307?pwd=QOOyM U RVWGNYSVdON EZJ M WJZZFh udzO9.
Join by phone at 888-475-4499 or 877-853-5257. The meeting ID is 879 0008 9307 and the passcode is 337227.
1. CALL TO ORDER
2. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law,
the time may be reduced if there is a high number of speakers or other considerations.)
3. AUTHORIZATIONS
(a) Presentation, discussion, and possible action to approve the minutes of the regular
meeting held on July 26, 2021. [President Warren]
(b) Presentation, discussion, and possible action to elect a President and Vice -President for
the La Porte Development Corporation Board for the fiscal year beginning October 1, 2021,
and ending September 30, 2022. [Jason Weeks, Assistant City Manager]
(c) Presentation, discussion, and possible action to approve a reimbursement payment in the
amount of $7,408.50 to applicant Patrasia Hefley, in connection with Enhancement Grant
Project approved on June 28, 2021, for parking lot and drainage enhancements to property
located at 831 & 901 S. Broadway Street in La Porte, Texas. [Jason Weeks, Assistant City
Manager]
(d) Presentation, discussion, and possible action to approve publishing a notice to begin a 60-
day comment period for eight (8) projects totaling $1,791,031 for fiscal year 2021-2022:
Downtown Lighting & Enhancements - $150,000.00; Enhancement Grant Program -
$100,000.00; Fairmont Park Splash Pad (1/3 Funding) - $200,000.00; Dog Park al
Fairmont Park - $212,275.00; Broadway Street Trail Lighting Phase II - $ 390,156.00;
Signage Project Phase I - $350,000.00; Fairmont Park Improvements (Exercise Shade
Structure) - $52,600.00; and Pecan Park Parking Lot Improvements - $336,000.00. [Jason
Weeks, Assistant City Manager]
(e) Presentation, discussion, and possible action to approve funding for the La Porte Gold Star
Families Monument Committee of an amount up to $22,000.00 for installation of a
monument at Five Point Plaza Park. [Jason Weeks, Assistant City Manager]
(f) Presentation, discussion, and possible action to approve revisions to the La Porte
Enhancement Grant Program policy. [Jason Weeks, Assistant City Manager]
Presentation, discussion, and possible action on a proposal for financial incentives to Mark
(g) Rosado, applicant, for construction of Battleground Saloon, located at 116 S. Broadway
Street in La Porte, Texas. [Jason Weeks, Assistant City Manager]
4. SET NEXT MEETING
5. BOARD COMMENTS Hear announcements concerning matters appearing on the agenda;
items of community interest, and/or inquiries of staff regarding specific factual information
or existing policy from the Committee members and City staff, for which no formal action
will be discussed or taken.
6. ADJOURN
If, during the course of the meeting and discussion of any items covered by this notice, the La Porte
Development Corporation Board determines that a Closed or Executive Session of the Board is required,
then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section
551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation regarding purchase,
exchange, lease or value of real property; Section 551.073 - deliberation regarding a prospective gift; Section
551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer or employee; Section 551.076 - implementation of security
personnel or devices; Section 551.087 - deliberation regarding economic development negotiation; Section
551.089 - deliberation regarding security devices or security audits, and/or other matters as authorized under
the Texas Government Code. If a Closed or Executive Session is held in accordance with the Texas
Government Code as set out above, the La Porte Development Corporation Board will reconvene in Open
Session in order to take action, if necessary, on the items addressed during Executive Session.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are
requested to contact the City Secretary's office (281-470-5019), two working days prior to the meeting for
appropriate arrangements.
Pursuant to Texas Government Code Sec. 551.127, on a regular, non -emergency basis, members may attend and participate in the
meeting remotely by video conference. Should that occur, a quorum of the members will be physically present at the location noted
above on this agenda.
CERTIFICATE
I, Lee Woodward, City Secretary, do hereby certify that a copy of the September 27, 2021, La Porte Development
Corporation Board agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the
general public at all times, and to the City's website, www.LaPorteTX.gov, in compliance with Chapter 551, Texas
Government Code.
DATE OF
POSTING
TIME OF
POSTING
TAKEN DOWN
Lee Woodward, City Secretary
RICHARD WARREN, PRESIDENT DANNY EARP
� L
NANCY OJEDA, VICE-PRESIDENT / �1.k JOHN BLAKEMORE
RACHEL COTTON O '!,gym
f BRENT McCAULLEY
CHUCK ENGELKEN rExps /II W,
MINUTES OF THE LA PORTE DEVELOPMENT CORPORATION BOARD
MEETING OF JULY 26, 2021
The City of La Porte Development Corporation Board met on Monday, June 28, 2021, at the
City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 5:15 p.m., with
the following in attendance:
Board members present: Richard Warren, Nancy Ojeda, Chuck Engelken, Danny Earp, John
Blakemore, Brent McCaulley
Board members attending remotely: None
Board members absent: Rachel Cotton
Council -appointed members present: Lee Woodward, City Secretary; Clark Askins, Assistant City
Attorney
CALL TO ORDER — President Warren called the meetina to order at 5:15 D.m.
2. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law,
the time may be reduced if there is a high number of speakers or other considerations.)
There were no speakers.
3. AUTHORIZATIONS
(a) Presentation, discussion, and possible action to approve the minutes of the June 28,
2021, meeting. [President Warren]
Member Engelken moved to approve the minutes of the June 28, 2021, meeting, as
corrected; the motion was seconded by Member Earp; the motion was adopted, 6-0.
(b) Presentation, discussion, and possible action to approve reimbursement in the
amount $50,000.00 to Enhancement Grant Program applicants Marion (Marty) and
Vicki Campise for completion of enhancements for their property located at 100 W.
Main Street in La Porte, Texas. [Jason Weeks, Assistant City Manager]
Jason Weeks, Assistant City Manager, noted the approval would also be on tonight's City
Council meeting, due to the amount being in excess of $25,000.00. Member Ojeda moved
to aDDrove reimbursement in the amount of $50.000.00 to Enhancement Grant Proaram
applicants Marion (Marty) and Vicki Campise for completion of enhancements for their
DroDerty located at 100 W. Main Street in La Porte. Texas: the motion was seconded by
Member Earp; the motion was adopted, 6-0
4. SET DATE FOR NEXT MEETING
The next meeting date was scheduled for August 23, 2021.
5. BOARD COMMENTS Hear announcements concerning matters appearing on the agenda;
items of community interest; and/or inquiries of staff regarding specific factual
information or existing policy from the Committee members and City staff, for which no
formal action will be discussed or taken.
Page 1 of 2
July 26, 2021, La Porte Development Corporation Board Minutes
There were no comments.
6. ADJOURN — The meeting was adjourned without objection at 5:21 p.m.
Lee Woodward, City Secretary
Page 2 of 2
July 26, 2021, La Porte Development Corporation Board Minutes
REQUEST FOR LA PORTE DEVELOPMENT CORPORATION BOARD
AGENDA ITEM
Agenda Date Requested: September 27, 2021
Requested By: Jason Weeks, Asst. City Mgr.
Department: Administration/CMO
Report i' Resolution 1�'°' Ordinance
Exhibits: Bylaws for the Corporation
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted:
N/A
Amount Requested:
N/A
Budgeted Item:
ir Yes ir' No
SUMMARY & RECOMMENDATION
According to Section 3.02 of the Bylaws for the La Porte Development Corporation, the
Board is required to elect a President and Vice -President for the next fiscal year by
October 1st. The current President is Richard Warren and the current Vice -President is
Nancy Ojeda.
Staff recommends the Board electing a President and Vice President for the fiscal year
beginning October 1, 2021 and ending September 30, 2022.
ACTION REQUIRED BY THE BOARD
Consider and elect a President and Vice -President for the La Porte Development
Corporation Board for the fiscal year beginning October 1, 2021 and ending
September 30, 2022.
Approved for the La Porte Development Corporation Board meeting agenda
Corby D. Alexander, City Manager
Date
BYLAWS
OF THE
CITY OF LA PORTE
TEVELOPMENT CORPORATIOU
These bylaws govern the affairs of the CITY OF LA PORTE DEVELOPMENT CORPORATION
(the "Corporation") a nonprofit corporation organized under Article 5190.6, Section 413, Vernon's
Annotated Texas Civil Statutes, as amended (the'Act').
FITZAIESIV4
Uffflas-1*4-9
General Purposes
1.01. The Corporation acts on behalf of the City of La Porte, Texas in furtherance of the public
purposes of the Act and may engage in any project authorized under Section 2(10) or Section
413 of the Act.
1.02. The Corporation has all the powers both express and implied, granted to corporations
governed by Section 413 of the Act and by the Texas Non-profit Corporation Act.
ARTICLE 11
Principal Office
2.01. The principal office of the Corporation in the State of Texas is located at 604 West
Fairmont Parkway in La Porte; Harris County; Texas. The Corporation may provide for
additional offices or change the location of any office.
Registered Office and Agent
2.02. The Corporation shall comply with the requirements of the Act and maintain a registered
office and registered agent in Texas. The registered office may, but need not, be identical with
the Corporation's principal office in Texas. The Corporation may change the registered office
and the registered agent as provided in the Act.
11
ARTICLE III
Management of the Corporation
3.01. The affairs of the Corporation shall be managed by the Board of Directors
Number, Qualifications and Tenure of Directors
3.02. The Board of Directors shall consist of seven members appointed by the City Council of
the City of La Porte, Texas, for staggered two year terms of office. Not less than three (3)
directors shall be persons who are not employees, officers or members of the governing body
of the City of La Porte, Texas. Each director must reside within the City of La Porte, Texas.
The Board of Directors shall appoint a President and Vice -President by October 1 of each year.
The President shall be the presiding officer for meetings and the Vice -President shall act in the
President's absence.
Vacancies
3.03. A vacancy occurring upon the Board of Directors shall be filled for the unexpired term by
appointment by the City Council of the City of La Porte, Texas.
Annual Meeting
3.04. The annual meeting of the Board of Directors shall be held during the month of March of
each year. The Board of Directors shall designate the time and location of the annual meeting.
Regular Meetings
3.05. The Board of Directors may provide for regular meetings by resolution stating the time
and place of such meetings. The meeting shall be held within the City of La Porte, Texas, at a
location designated by the Board of Directors.
Special Meetings
3.06. Special meetings of the Board of Directors may be held at the request of the President
or any three Directors. A person or persons calling the meeting shall fix the time and location of
the meeting.
The person or persons calling a special meeting shall notify the secretary of the Corporation of
the information required to be included in the notice of the meeting. In addition to the posting of
a meeting notice in accordance with these bylaws, a copy of each such meeting notice shall be
delivered to each director not less than seventy-two hours before the time of the meeting. A
meeting notice shall be deemed delivered to any director when deposited in the United States
mail addressed to the director at his or her address as it appears on the records of the
Corporation. Such additional notice may be waived in writing by a director at any time either
before or after the time of the meeting and such additional notice shall be deemed waived by
2
attendance.
Notice of Meetings
3.07. The Corporation shall be considered a "governmental body" within the meaning of
Texas Government Code, Sec. 551.001, and notice of each meeting shall be given in
accordance with the provisions of Texas Government Code, Chapter 551 (The Texas Open
Meetings Act).
3.08. Four (4) Directors shall constitute a quorum for the transaction of business at any
meeting of the Board of Directors. The presence of a director may not be established by proxy.
No business shall be conducted, nor shall any action be taken by the Board of Directors in the
absence of a quorum.
Duties of Directors
3.09. Directors shall exercise ordinary business judgment in managing the affairs of the
Corporation. In acting in their official capacity as directors of the Corporation, directors shall act
in good faith and take actions they reasonably believe to be in the best interests of the
Corporation and which are not unlawful and shall refrain from actions not in the best interest of
the Corporation or which would be unlawful. A director shall not be liable if, in the exercise of
ordinary care, the director acts in good faith relying on written financial and legal statements
provided by an accountant or attorney retained by the Corporation.
Duties of President
3.10. The president shall be the chief executive officer of the Corporation. The president shall
supervise and control all of the business and affairs of the Corporation. When the execution of
any contract or instrument shall have been authorized by the Board of Directors, the president
shall execute same except where such power is expressly delegated to another officer of the
Corporation. The president shall perform other duties prescribed by the Board of Directors and
all duties incident to the office of president.
Actions of Board of Directors
3.11. The Board of Directors shall try to act by consensus. However, the vote of a majority of
directors present at a meeting at which a quorum is present shall be sufficient to constitute the
act of the Board of Directors.
3.12. A director may not vote by proxy.
Removal of Directors
3.13. The Board of Directors and each member thereof serves at the pleasure of the City
Council of the City of La Porte, Texas, which may remove any director at any time, either with
or without cause.
Committees
3.14. The Board of Directors may by resolution establish one or more special or standing
committees. Such committees shall have the powers, duties and responsibilities established by
the Board. The committees shall keep regular minutes of their meetings and report the same to
the Board of Directors when required.
Compensation of Directors
3.15. The directors shall not receive any salary or compensation for their services. Directors
may be reimbursed for their actual expenses incurred in the performance of their duties. Travel
expenses shall be reimbursed under the City's travel policy.
IT, 177TITIrz,
3.16. Regular attendance at the Board meetings is required of all directors. Members who
miss more than twenty-five (25%) of called meetings, except for medical reasons, shall be
subject to removal by City Council.
Ex-Officio Members
3.17. The City Council may appoint Ex-Officio members to the Board of Directors as it deems
appropriate. These representatives shall have the right to take part in any discussion of open
meetings, but shall not have the power to vote in the meetings. Ex-Officio members shall serve
a term of one calendar year.
ARTICLE IV
Officer Positions
4.01. The officers of the Corporation shall be a secretary who shall be the City Secretary (or
their designee) of the City of La Porte, Texas and a treasurer who shall be the Finance Director
(or their designee) of the City of La Porte, Texas.
Terms of Officers
4.02. The officers of the Corporation shall serve as long as they are employed by the City of
La Porte, Texas.
Removal of Officers
4.03. Any officer may be removed by the City Council of the City of La Porte, Texas at any
time, with or without good cause.
Vacancies
4.04. A vacancy in any office may be filled by the City Council of the City of La Porte, Texas
for the unexpired portion of the officer's term.
Secretary
4.05. The Secretary shall:
♦ Give all notices as provided in the bylaws or as required by law.
♦ Take minutes of the meetings of the Board of Directors and keep the minutes as part of the
corporate records.
♦ Maintain custody of the corporate records, authenticate corporate documents and affix the
seal of the Corporation as required.
♦ Keep a register of the mailing address of each director and officer of the Corporation.
♦ Perform duties as assigned by the president or Board of Directors.
♦ Perform all duties incident to the office of secretary.
Treasurer
4.06. The treasurer shall:
♦ Have charge and custody of and be responsible for all funds and securities of the
Corporation. ,
♦ Receive and give receipts for moneys due and payable to the Corporation from any source.
♦ Deposit all moneys in the name of the Corporation in banks, trust companies, or other
depositories as provided by these bylaws.
♦ Write checks and disburse funds to discharge obligations of the Corporation.
♦ Maintain the financial books and records of the Corporation.
♦ Prepare financial reports at least annually.
♦ Perform other duties as assigned by the Board of Directors.
♦ Prepare an annual budget.
♦ Perform all duties incident to the office of treasurer.
61
♦ Compensation of Officers
4.07. The officers shall not receive any salary or compensation for their services. Officers
may be reimbursed for their actual expenses incurred in the performance of their duties. Travel
expenses shall be reimbursed under the City's travel policy.
ARTICLE V
Contracts
5.01. The Board of Directors may authorize any officer or agent of the Corporation to enter
into a contract or execute and deliver any instrument in the name of or on behalf of the
Corporation. This authority may be limited to a specific contract or instrument or it may extend
to any number and type of possible contracts and instruments.
Depository Bank
5.02. All funds of the Corporation shall be deposited with the City's depository bank.
Potential Conflicts of Interest
5.03. The members of the Board of Directors are local public officials within the meaning of
Texas Local Government Code Chapter 171. If a director has a substantial interest in a
business entity or real property which is the subject of deliberation by the Board of Directors,
the director shall file an affidavit with the secretary of the Corporation stating the nature and
extent of the interest. Such affidavit shall be filed prior to any vote or decision upon the matter
by the Board of Directors, and the interested director shall abstain from any vote or decision
upon the matter.
Council Approval
5.04. The Board of Directors shall obtain prior City Council approval of all real estate
acquisitions, real estate leases for over one year and or any long-term leases; contracts,
expenditures, or debts over $15,000.00; and bond issues or other debt extending beyond one
year. The Board of Directors shall have the authority to enter into all other budgeted
transactions without prior City Council approval. Amendments to the budget must be approved
by the City Council.
1*1
ARTICLE VI
BOOKS AND RECORDS
Required Books and Records;
6.01. The Corporation shall maintain:
♦ Correct and complete books and records of account.
♦ The Corporation's books and records shall include a file endorsed copy of all documents
filed with the Texas Secretary of State relating to the Corporation, including, but not limited
to, the Articles of Incorporation, any articles of amendment, restated articles, articles of
merger, articles of consolidation, and statement of change of registered office or agent.
♦ A copy of the bylaws and any amended versions or amendments to the bylaws.
♦ Minutes of the proceedings of the Board of Directors.
♦ A list of names and addresses of the directors and officers of the Corporation.
♦ A financial statement showing the assets, liabilities, and net worth of the Corporation at the
end of the three most recent fiscal years.
♦ A financial statement showing the income and expenses of the Corporation for the three
most recent fiscal years.
♦ All rulings, letters, and other documents relating to the Corporation's federal, state and local
tax status.
♦ The Corporation's federal, state and local information or income tax returns for each of the
Corporation's three most recent tax years.
♦ Annual budget which is approved by City Council.
Records Open to Public
6.02. The Corporation shall be considered a "governmental body" within the meaning of the
Texas Government Code, Sec. 552.003 and all records of the Corporation shall be made
available to the public for inspection or reproduction in accordance with the requirements of the
Texas Government Code, Chapter 552 (The Texas open Records Act).
F-ITMO
6.03. The Corporation's books are required to be audited by the City's independent auditor on
an annual basis. Cost of the audit will be paid by the Corporation.
ARTICLE VII
7.01. Any full-time or part-time personnel positions that the Corporation may establish will be
subject to the personnel policies of the City. The City Manager has full authority in personnel
matters.
ARTICLE Vill
AMENDMENTS TO BYLAWS
8.01. The bylaws may be altered, amended, or repealed by the affirmative vote of four or
more members of the Board of Directors with the consent of the City Council of the City of La
Porte, Texas or, shall be altered, amended or repealed at the direction of the City Council of the
City of La Porte.
ARTICLE IX
Legal Authorities Governing Construction of Bylaws
9.01. The bylaws shall be construed in accordance with the laws of the State of Texas. All
references in the bylaws to statutes, regulations, or other sources of legal authority shall refer to
the authorities cited, or their successors, as they may be amended from time to time. It is
expressly provided that the provisions of the Development Corporation Act of 1979 applicable to
corporations governed under Section 413 of that Act are incorporated within these bylaws by
reference. In the event of any conflict between the applicable provisions of such Act and these
bylaws, then the applicable provisions of such Act shall control.
Legal Construction
9.02. If any bylaw provision is held to be invalid, illegal or unenforceable in any respect, the
invalidity, illegality or unenforceability shall not affect any other provision and the bylaws shall
be construed as if the invalid, illegal, or unenforceable provision had not been included in the
bylaws.
Headings
9.03. The headings used in the bylaws are used for convenience and shall not be considered
in construing the terms of the bylaws.
Seal
9.04. The Board of Directors shall provide for a corporate seal. Such seal would consist of
two concentric circles containing the words "City of La Porte Development Corporation", and
"Texas" in one circle and the "incorporated" together with the date of incorporation of the
Corporation in the other circle.
9.05. The bylaws shall be binding upon and inure to the benefit of the directors, officers and
agents of the Corporation and their respective heirs, executors, administrators, legal
representatives, successors and assigns except as otherwise provided in the bylaws.
Fiscal Year
9.06. The fiscal year of the Corporation shall begin on the first day of October of each year
and end on the last day of September of the following year.
Effective Date
9.07. These bylaws, and any subsequent amendments hereto, shall be effective of and from
the date upon which approval has been given both by the Board of Directors and the City
Council of the City of La Porte, Texas.
Adppted this 064DA-Cr' 1999
� 1.�Li����l�Liii.l�t�Ci�,
r,aresident of the Board
CERTIFICATE OF SECRETARY
I certify that I am the duly elected and acting secretary of the CITY OF LA PORTE
DEVELOPMENT CORPORATION, and the foregoing Bylaws constitute the Bylaws of the
Corporqtjon. These Bylaws were duly adopted at a meeting of the Board of Directors held on
the 64— day of b::-bg-Q r 1 1999, and approved and ratified by the City Council of the
City of LaPorte, Texas, at a meeting held on the jg±day of -J'kljj 1999.
Signed this b#—day of &QW , 1999.
9 1 6
REQUEST FOR LA PORTE DEVELOPMENT CORPORATION BOARD
AGENDA ITEM
Agenda Date Requested: September 27, 2021
Requested By: Jason Weeks, Asst. City Mgr.
Department: Administration/CMO
Report i' Resolution 1�'°' Ordinance
Exhibits: Application, Before & After Photos,
and invoice & proof of payment
Appropriation
015 — General CIP
Source of Funds:
Enhancement Grant
Account Number:
015-9892-993-1100
Amount Budgeted:
$92,144
Amount Requested:
$7,408.50
Budgeted Item:
i; Yes ir No
SUMMARY & RECOMMENDATION
On June 28, 2021, the La Porte Development Corporation Board approved an
enhancement grant to Patrasia Hefley for improvements to properties located at 831 S.
Broadway Street and 901 S. Broadway Street, which are located adjacent to each other
at the corner of South Broadway Street and East H Street in La Porte, Texas. Her
property located at 831 S. Broadway Street is the Lavish T Shirt Shop and the property
located at 901 S. Broadway Street is the Dairy Queen. The applicant was interested in
repairing worn areas of each of the parking lots, installing a new layer of asphalt and
restriping the parking lots. Additionally, the work to the Lavish T Shirt Shop aided in
assisting with drainage issues on the east side of the building. The applicant estimated
a total capital investment of $14,817.00 for this project, of which 50% ($7,408.50) would
be eligible for reimbursement once the project has been completed.
The week of August 23, 2021, the applicant provided staff with receipts, canceled check
and photos of the final project for staff and the Board to approve for reimbursement
payment. Below is the summary of receipts for the parking and drainage improvements:
• 901 S. Broadway (Dairy Queen)
o Pave -It Asphalt Paving, LLC to clean and pre -patch area's where needed,
apply tack coat prior to paving, and paved parking lot with 1" of hot mix
asphalt (5,400 sq. ft.) - $7,483.00
• 831 S. Broadway (Lavish T)
o Pave -It Asphalt Paving, LLC to clean and pre -patch area's where needed,
applied tack coat prior to paving, paved parking lot with 1" hot mix asphalt
(4,000 sq. ft.), dug out drainage area (502 sq. ft.), and installed new base
material into area prior to paving - $8,017.00
The applicant was billed a total of $15,500.00; however, the vendor (Pave -It Asphalt
Paving, LLC) provided $500 discount to the applicant for timely payment. Therefore,
The applicant out-of-pocket expense was $15,000.00. Staff request the Board approve
a reimbursement to Patrasia Hefley in the amount approved by the Board not to exceed,
$7,408.50 for her enhancement grant project.
ACTION REQUIRED BY BOARD
Approval reimbursement payment on an enhancement grant in the amount of
$7,408.50 to the applicant, Patrasia Hefley for parking lot and drainage
enhancements for her property located at 831 & 901 S. Broadway Street in La
Porte, Texas.
Approved for the La Porte Development Corporation Board meeting agenda
Corby D. Alexander, City Manager Date
AFTER PHOTOS
AFTER PHOTOS
281,354.0048
A
LTO CLEAN AND PREPATCHAREA'S -, NEEDED.
3.TO PAVE PARKING LOT WITH I" OF HOT MIX ASPHALT. Area
, 00sq.ft
o
330 RAYFORD RD.#239
3PRING,TX,77386
281,354.0048
A
I tMIN11114IM; ME 9XIMM IBM 61TATIMMAl ff-MINUM
ASPFULT PAVING
L CLEANED AND MEPATCH AREAS WHERE 114EEDED.
3.PAVED PARKING LOT WITH I" OF FIOT MIX ASPHALT'. Axea
4,000sq,ft
Rim
TOTAL PRICE: $8,017.00 paid in full
SUBmurED BY:EUGENE EDWARDS DATE:07.14.21
ACCEPTED BY: DATE:
W412021
View Frailsaction PrInLable Vie w
H)nl Siee
Mow Pro aatilcy View
Account
Rmmom,' (,'u000,,U 03wvg*. air
Do"rlpflaw
CHIECK
*- I S 000,00
Clastonnor Rotorance Number
3f)4-10
R.homk �94 A)
Date Marodt Jully tl H,, 20;fl
0119 hlffmtodJqft IN, 11021
NoW Chech and DopAlAt Ilmajos adeir than fl'u days are na� avalloiAo onlipup, laut can be oblalned by ordWngi wales III ^uirshluarg Tho
S I etviciva tab, In ortur to waintk0o, stmvVmtho1w, is &clpoduIloid makitic'man" evety Saturday at '11.00 PM and Oil it Wst day oil tmd,�h
Immllh cA 79D (1m, Uluring this firm" MI 1Yi")k;aIiY Luis About six im,ufw3' Your reIvR,c108 IlW'Y INCH tW av,34MAU WO ICW 10Y
Inconvenience this may cmAo,
p
PAI'S DMAYOUFFN
vell-
xl!v;rc
,a
Iron-
v
rill
ILA,
12, 0:
Lavish T (831 S. Broadway) Parking Lot Photos
Southeast corner along H Street looking west
Northeast corner looking west
Lavish T (831 S. Broadway) Parking Lot Photos
Southeast side looking north Southwest corner looking north
Southside looking northwest
Dairy Queen (901 S. Broadway) Parking Lot Photos
Northeast Corner looking west along H Street
Northside along H Street looking at DQ
Northeast side of DQ looking west
Dairy Queen (901 S. Broadway) Parking Lot Photos
Southwest corner on Broadway looking east
Northwest corner looking east along H Street
Northwest corner along H Street looking east Storm drain on Northside along H Street
Dairy Queen (901 S. Broadway) Parking Lot Photos
Southwest corner looking east toward Texas St
Northside along H Street
La Porte Enhancement Grant Application
Please print clearly. Please submit a completed application to:
MV of La Porte -71
604 W. Fairmont Parkway
LaPorte, TX 77571 1
APPLICANT I FOR "n
PIPLICATION DATE: , 2021
Patl l
Applicant Name
Business Name
831 South Ica
Physical Business Address
Business Owner (if di ' r ant from applicant)
illrm address
713-299-1567
....rmt Phone
Email Address
TYPE (check all that l a
11 Beautification X Parking Lot Improvements
NAILS OF PLANNED IMPROVEMENTS(attach additional pages if err
SEE A77ACHED
LA P0H,, 7 fir": ENHAW.Ih.PiAEN' N (iIRA �,4 P A PFLlP°A"IC'I0rl
IMPROVEMENTS
DAIRY QUEEN:
Repair worn areas of the existing parking lot
Install a new layer of asphalt one inch thick over the existing parking lot
Restripe the parking lot
LAVISH T DESIGNS:
Repair worn or damaged areas on the South, West, and North sides.
On the East side, regrade the area so that water runs away from the building, thus
eliminating the problem of water coming into the building in a heavy rain. Install
new base material and one and half inches of new asphalt in the drive way.
Restripe the parking lot.
I
I
Please list the name of each Contractor arid/or project Architect and the Total Amount of
.�-
ch bid. please, also, attach the original proposals and work estimates:
ARCHITECTL
�P
LL
F
_ _ _ _
E" DETAIL
pROJECT _ EXPENDITURESFUNDS
FUNDS APPLIED
TOTAL
Ed h
�rrls/lrr
$
$ $
Beautification
$
$ $
Parking Lot Improvements
$
$ $
Other (list):
$
$ $
Total estimated cost of proposed projects
F
Amount requested (up
to % of total cost, ,, t $,
'...... t ...................
completed.other illustrations of work to be Please
Your signature rr this application certifies that you understand and agree with the
following ing statements: I have rest with the LPDC and I fully understand the Enhancement
Grant procedures and details established. I intend to use these grant funds for the eligible
renovation projects, as spelled out in the application. I have not received, racer will I receive
insurance monies for this r wit hz tion project, CAR I have disclosed all pertinent insurance
information. I understand that If I arn awarded an Enhancement Grant, any deviation from the
approved proJ ct r-nay result in the partial or total withdrawal of the grant funds.
P P Ll P "r S16TURE
DATE
PAGE 2, Revise 9[1/2
TO
Moore
L a g:H r le t x 77 5Y I
C)ESCRVMINNS
v ry .. . „
u eat
2 Cutout he ends
, TWO if I Yndi HIKAA
6 So Qie parking Ices
l
Stiffpaving
f ;)Ca COY 4 81 >WKg A Jaf �a8.8
2815417012
`,uPCINan paO@RC @yahoo.P",orn,
TOTAL
$()- BS,}
i. IGw1
$0.00
„sty ��%.,
Spw' „P . 00
wf 0. C. c")
Edwards Asphalt Paving
Po Box 2397'5
SOverthorne, Co 80498
Phone� (970) 409-0417
Ernail: try visadarnW@GmaiLcom
SEEM=
Asphalt ReSUrfacing Dairy Queen
Pre. -dean parking lot
Pre -patch areas needed
Appty hqUd SS1 aspha8t tack coat
AspenDora Contractors Bryan Moore
511 S Utal'i Street La Porte"Texas 901
South IBroadway Stref.-!t
Estirnate
[Date
Res fac r t with 1 " of hot rn�x as alt LolLanrt corUpac-t a±1 a aNt
mmozm,
(281) 932-3128
000263
10/26/2020
$7,483.00
Notes:
Prices are SUbject to change ff scope of work changes
Prices are only good if both pro.jects are done as one pr(ajeclt
EdWards aspha6t paving requires a 33% deposit once equipment is on site and work has begun
Edwards asphalt paving wHI acqUire an additional 33% deposlt once all prep work is conip�eted
Edwards asphMt pavng wM require balance Upon crab pletiran aH checks vviH and mUst be niade
payable to (ffl(Travis Edwards))))))
Edwards asphalt pavng gives a one-year maintenance -free guarantee against potho�es
Edwards asphalt pavIng does not gUarantee any dralnage with a grade of less than 2%
Edwards asphalt paOng cannot gt.iarantee agalnst vegetation growth
Asphalt thickness is 1 " after compacflon
Page 1 of 2
(71 1 Xom
5200 INavigation Blvd.
I louston, 1A 770 � I
www, arnericanpark, iQqc.,on trot, corn 281-328-V96
Narne I Address
Aspendora C'mHractors
Bry'an Mome
511 S. Utah
La PoTte,TV775M
Estimate
Data Estimate #
10/29/20 2002 h 027
prOp3ct
Dairy Queen. La Vmtc, YX
Desaiption
L5" Asphalt OvcflaN wkh] ransitton Mffling: 5,696 SF
13,44156
1) 1 N110NhZWi(MI With 1 (lay 10 Ct)unj')ICtC.
2) )AM or excavate area of repair �in drive lane,
3) NIM arvedp,e cul at concreu tic an areasand then saw cut for clean tic in fines.
4) Excavaile afl spofl materW hit nrilting and work and haul offsitc,,
5) Fack ,uca wffli SS Lack rnalcrW ft)r bonding,
6) I'lace, h.5" Type "D" HMA( ' � and compact.
7) Re -stripe ilo match exisling hkyout and uAor schcme
NO I E,: Pricinp, based upon Dait-y Queen apprcn)ing dw Oosing of the drive thru unffl lawn fiw rcpafi� and overhiy, and
Oren Oic rest ofthe parking bt being clowd Im hhe entire Via$. Foci traffic to the dotrrs will be applicaMe at times unffl
asph,ak and equiptnent are in the aren due to sal"ety.
I ex as Stme SMcs IaN 8,25"No Ci has c= h-w removed by submhfing a tax re -sale ceilificatc). 11, 1 W01
Total
Page 1
Estimate
Daki Estimate #
W/29/20 2002 W2 7
281-328-8296
Narne I Ad(JN31ISS
A spendora Contrack)IS
Brian M(Kire
La Porte, .I.X'7757
Description
ProJecl Notcs,�
I ) AnweriQari Park ing Control is not responisible fi)m any ufflixies juivale or public that age noburied to code depth
INCIA JSIONS�
Appficatfle taxes hased on Cows'Anxi4m type included above,
N ivhig xna.y change Wquanfiiies or processes we afterevi or changed.
Anwrican Parking ('.'onarfyl guarantees this wa, rk. firr nuaterials and Nvoikrnanship under nonnal use ffir as rwriod o' I year
cxck0inlg Unusual abuse (it nei? ,IcO. This does not include warranty due to base mrvonent,
EACLUSIONS:
* Pcrinits, jiojjdq, A,11 laasaurng7, lwcurhy, SNciafized Iraffic control. SMIPM
* Utifily r0ocation/udJusmicnt, arrigakowi, or landscape repair,
FngincvHng
Storin sewer rnlct or pipe repair or rcplaccnkcnt
Base, Tepak, removal and or stakohzwion.
-i00% Drainage. exisfing contours wfli diciatc, drainage,
jolng seal
Fenijxinary FacHkks or tyiwlng.
Ciraffifl repair after the crew has left For Ore day,
Signage and m P(WS'
I F"RNIS AND CONDITTONS
-AnTcrlcan Pa &rrg Control, ,611 awry workmen's compcnsation lnsuraiwe coven-ing fts employces and shall provWc
pubfic HaWfity and property daniage insurance,
-The owncr shzdi be responsible for the bcation of*any hTigation thics, private elcciriculines and any substructures
unknown to Anrei Icrm Parking Control, 133, =%pfiyig thk proposal., Orvner agrecs to indcmnify, and to Wd Anwrican
Parking Control harmless from aH cla4us, including hs reasonable ammicyslanai incurred in clef e nd ing array ciahm
resuffing firom damagos Io anY ufifity Hne., irrigation Une, private, ckctrical, or sut-) structure luA ioenfified orclearly
marked, Any darriage to ccarly maiked ufflity Hires, irrigation fine,, private electrical firics, or, sub sirmic,ttves sjj,,jjj k, tile
rcsponsibiHtw, of Anie6cruii ParUng Controi,
-,kny changer f1oin the sfw6ficafions or rnodffleitions ofthe umns W'Ihis; contract shall tw sea put in writing and signed
by both pruties.
-11-ds Pr(q)oSai expxircs fifteen (15) dAys froin tire, dmc herec&but may be amepted ak any later date at tire sole opflon of
American Parkng Control.
Tota I
5200 Navigation Blvd,
f louston, TX 77011
www,ati,nei,ic�inparkii�(�conti"ol,rory? 281-3228-8296
Name / Address
Aqv,ndoni Contraoors
Bryan Moore
511 S, I ftah
La Ports, TX77571
Estimate
Date EsVrnatra #
10/29/20 2002 1027
Wnfess a I ump saran pa ce is to be pidd fi)r the foregoing work. and ns clearly so stated, it as undersloodand agread that the
quanthues ret�rred to aixwe are eslimales only and that paymeni shall Nx made at theslated unit prices on lhe actual
quantities of work perfitrmed by American Parking Control as de°aterrniiwd upon cornploion of Uw work,
-Arnerk,an Parking Control shall not be responsible for any dwrtage to or dewrioration of any ofour work, Mwfficr
cAmipietcd or hi process, residting from any caLme or causes heyond our control, but not firnited to tbilure of'sub.-grade,
including, soil voWnic changes., or fiflure of inadequacy ol any labor or materials not firmished and histaHed by us,
whethc.,r or not such faflure or inadequacy Bas or couid have Iven known at the time our %York was undertaken,
-Arnerican Park fiig COWT01 is not responsible for remov ing vehicles ftorn repair areas, Asnericw% Parking ContTOI WHI
notify you in advano, and you inust make arrangernents to have vehicles removed at your expense. Any delays
experienoed by American Parking Cuntrol due to uninoved vehicles can result in achiifional charges due to down time or
mhdifionat rnobflizaflon costs,,
-tri 1he everil aH work under this contract is not completed pan one operation, American Parking Contgol shall be paid hi
futl k)naH items of work completed upon are completion thereof Air.), work un&r this conlract Rx, wljMi American
Parking CowrM has not wcei,ed a "work order" caffing for completi(m %vilfrin one year fixim the dale ofthis agreement
wk M be subject to renegotiation of prices, or canccHation at American Parking Contr(A's option.
-I enns offlaymerit - Payment in fifli I& all work, peribrmed bereun&r during any month shall be made no Wer than flte
tenth day of tile Inorith next fioflowing, F unal and cornplete payment for aB W01k peribrmed herein shall he made upon
Intere%aal thcrate of(15)percent Vcrannum shall fxchargedyou
and paid by you on aN unpaid bahnwes firont the due date to tire ckite ant recvipt ofpaymenl by Anierican Parking ControL
Re,asorraHc altorne)''s flies and cost of"coilection shall be charged you and paid 1,wy you., lfincurmd by us.
A sNgnature or approval by any other means to tho work fl.Ied on this contractwill eonsfitwe, dre MI and complete
agreement lx.I%veen us by the terms and condifions listed ttlx we,
( fieffl Auilimized
Sigil Her e :-.
Ainerican Pari-,ing Controt
Sign I fere� -
'rotal $1 C551 .57
P,age 3
Please list the name of each Contractor and/or Project Architect and the Total Amount of
each bid. Please, also, attach the original proposals and work estimates:
CON,rRACTOR/PROJECT ARCHITECTTOTAL
kw
_
F
m
BUDGET DETAIL
_PROJECT EXPENDITURES _._
--FUNDS
�.._. �
FUNDS PPLIE TOTAL
Fd
$ $
Awnings/Sign a
$
$ $
Beautification
$ _
$ $
Parking Lot Ir proveme Nts
$
$
Cher (list):
$
$ $
TOTAL
$
$ $
'dotal estimated cost of proposed projects -
Amount requested (p to 5% of total cost, $,5 t $5,Im
sir
Your signature on this application certifies that you understand and agree with the
following statements: I have rn t with the LPDC and I fully understand the Enhancement
Grant procedures and details established, I intend to use these great funds for the eligible
renovation projects, as spelled out in the application. I have not received, nor will I receive
insurance monies for this revitalization project, OR I have disclosed all pertinent insurance
information. I understand that If I am awarded are Enhancement Grant, any deviation from the
approved project may result in the partial or total withdrawal of the groat funds.
APPLI A T'91IGNA URE DATE
LA PORlkEENfHANC N ME:NN GRANT APPLNh.W1(°0ON,
PAGE 2, Re%6spd 9/3/20
AspenDora Contractors
51 1 S Utah Street La Porte Texas 901
South Broadway Street
Edwards aPaving
Po Box 23975
Description Total
..._w._.._........ _..._..._.._.w_.__.__...._..__._......._.............. ____....... v..__.._.__..._._._._..__......._.._._w.._.....___._.._.____._...__.___.__...__..__._._..._.._..___e_._....._.......
32,00
��'�-e���. ��eagmmi�.�p� �rkin dot ......�.
Pre -patch areas needed
Apply HqtAd SS1 asphalt tack coat
Resurface pa rldrig lot withl mp aof deaf mix asp a k roH and compact all a spl~ aft
RemovaIl And Replacernent road base two sections t shirt shop $1 „4-85.0d
remove o aspha ft and a W away
Ren'iove intu. ray soH and oW base as needed a:dlspos of on -site
has a H s a3lWFiHzeG.d crushed concrete road base road base
502 sf
Subtotal $8,017.00
Totalw , 17
Page 1 of 2
Notes:
Prices are subject to change if scope of work changes
Prices are only good if both projects are done as one project
Edwards asphalt paving requires a 33% deposit once equipment is on site and work has begun
Edwards asphalt paving will acquire an additional 33% deposit once all prep work is completed
Edwards asphalt paving will require balance upon completion all checks will and rnust be made
payable to (((((Travis Edwards))))))
Edwards asphalt paving gives a one-year maintenance -free guarantee against potholes
Edwards asphalt paving does not guarantee any drainage with a grade of less than 2%
Edwards asphalt paving cannot guarantee against vegetation growth
Asphalt thickness is 1 " after compaction
AspenDora Contractors Bryan Moore
Page 2 of 2
F SI MAT E
Sullivan's paving
A :qYemwood do 0 P; 1 In HN 7 x 7 738f,,, DA I IE
VH i 54 1 70 1
o i .o i (�,,i a 1, o "D fl MAL
DESCRIPI JON
B PH; shop next dow
0, 0 0
MOO
1 Cut ON Sech.1
WOO
$000
2', Insla H 'r)a se as needed
STOO I
so 00
3, RoH 8,
$000
MOO
4 Appy lack coat adhesNe
$000
$aoo
5 IWO PWA I UK
$000
$a0c)
DESCRWTKHq RMT
S130000
QTY AMDUM'
I $130aou
5200 Navigation Blvd,
1-fouston,'I'V7701 I
ww�v.a�,ne�,ir—it7paf,kit�(4contr�)I,cory� 2181-328-82,96
Name / Address
Aspendm a Cowrado� S
Bn an Moore
5j i SUtah
La florle,'I X 775'71
Estimate
Dato Estimate
10/29/20 20021028
Project
Lava sfi l: es, gns, ha Pome., J'X
Descdpfion Price
5" Asphidt Oveflay vvith] ransition and Rtmr Driveway Nfining: 5,052 SF 15"8 d 176
1) 1 Mobihz,914)n vvilh 2 (Lay s to saxmiplete.
2) NUI or excavate area of'repair in rew drive lane.
3) NIM a wedge ctital conerete tic btareas and flien saw cut for clean tic in lines.
4) Dig ashafh)w ditch from rear drive to back of'proj.x.,,My as discussed behind dompmer pads,
5) Fxcavate ,flI sjavil niateriO firom inHfing and work and 11aHd Off SftC
6) hack urea: vO SS lack nwerial fbr honding,
'7) Place L5" J ype "D" l IM AC and compact.
8) Re -stripe to match cxasfing dayout and Mor scheme,
MI)TE: pricing hased upon Lavish Des4gns Mfowing for their car parking to be closed offduflng the actual oveda).
("I iCnkt LMderstwids, that spra.ying offfie grass overgrowth 2 to 3 weeks prior is recon-miende(L
I oxas State Sales Tax 8,251% O'his cart be rernaved by sa. bm4thlg a tax re' -sale ceaqificwcy 1 304.54
Total
Page I
�vww.arryef,icariparA�it,�(Iconirc)l,coi7,p 281-328-82,96
Name / Address
Aspendora Comractors
Br van Moore
5 11 SU�ah
La Nrtc, I X 77571
Descripbon
ProJect
Estimate
Date, Esthrmte
10/29/20 2002 1028
ferciJect
Lavish Designs, La Pom, TN
Price
1) Ain erickin llarkng Conlrod is not rcsrmnsibkFor any ufflitics private or pubfic that are, not bujied to code depth,
INCI I LILiSOONS:
AppficuWc taxes hasoJ on ( °omsiruction t),pc included aboN C,
1166ng rna ' y change Wquanfi6es or processes are aftered cwr changed,
!Uneca dn flmkdiig Controi guararaces this work &br materials and workmanship under normal use fim a period of d Nett
exchicling unusuat abuse or negct. This does nol inchide warramy due to barA,rnovenicM,
LXCIJ MONS�
Peryn4s, Ron ,. AN Testing, Securit,Y . SjaA.,fafizcd trffiw, acontrol, SWPPR
Ulifil) r0ocation/adJustmcm., ii6gafion, or hmdscaN, repafi,.
FitOrwenng
k4orm ,wmtr rvuflePor pi1w, repalr or replawnsent,
repair, removal and or seabRization.
00*% Dndmage, existing comours,will dictate drahntgc.
Joint scai
I emlxmity Iacflftri,,,s or fencing,
(itaffiti repair after ffic crew has left For the day.
Sgnagc and or posts,
TERMS AND CONDITIONS
-AnxmIcan Parking ControL wili war),worknum's compensation i;1su"U'rve, Owi�crhlg its cruiployces and shall provide
pubhc, tiaNfity and piopemy danwage instuance,
-The o"k,nel ShaR he wesponsible fbr the location ofarry irHgafion Hnes, private clectrical lines md any SUbstructures,
'Mknown to Nmerican Park4�9 Control, B,) accq)ting than proposal, Owner agrees to indemnify and to hold American
Parking C orratwm harmless from aN chtimts, incIuding its reasonable wtormysIw.c inemi-ed im dcfinidlngany chwirm
rcsuhhig flrom damages &o any utflft) tincirrigafion hric« pHvale eieCtficaL Orsuh sh'ucturc not adcnflficd or ccarb,
marked- Any damage to Oeady maiked ufihty fines irrigation Hne, prir,ate electrk,al fines. or sub strucaues shaH 4~ the
respomsibffi(y of /knieflcan Parking Controi
-Any changes kom the specificafions or modifications of 1he terms Ofthis comract shalt Lw set put lea %witing and signed
by hoth pardes,
-This prcposa9 expiires ffllmm (15) days from ffiedalc¢ herwfbut may be accepted at any. pa er dale at the sole opfirm of'
AnwHca n ParUng Contro L
Total
Page 2
5200 Navigation Blvd.
I louston, 'FX 770 � I
www,at'�7e�,ic,!ai,)part(iRqcof7irc)l.cc)m 281-.328-82,96
Name / Address
Aspendora Contiacmrs
Br�yarl Moore,
5 N I S & Itah
La f'orte,1A 77571
Estimate
Date Estimate #
0/2 9/2 0 2002M28
Project
Lay ish Designs, La I'm tc, I X
Dena ratio D d
Wess a Nump surn prrce is to be paid ffirthe fibregoing work. and is OeWiy So slateck it is undermood and agreed that the
qminl dies referred to ihme are estimates only and at frikyrnent shall be rnade at fife staled unit prices on die acmaN
Wmifi6e,s ofwork performed by American ParUng COntrol as determined uIvyn eompOkm offfie rvo&
-American Varking Control shall not be resfmsible for any damage to or deteriormion of any M'our work, whether
�amlp�eted or in pr(K"CSS, resulting from any cau.se, or causes beyond our control, but not ffinited to Iiiilure ofsub-gradc,
including soit volume changes, or faffiwe ofisuadequacy, 0�'any Inboy, or materiais riot fismished and NnstaHed by us,
whether or nw such fifflure or inadequacy, was or couki Ime Ix -en Uown at the fillIC arum W(Jrk was undetqakcn.
-,yimesa .mD llarkmng ControN is not responsible for removingvehicles firom repairare as, Anx-rican Parking Control %N40
nofif� you in advarwe mid you must make arrangememts to have vehicles removed at your expemw- Any delays
experienced Nay Amt,rican Parking (.'Ontrof duc to unmoved vehicles can result in additional char p ,es due to down time, or
ad&fionad errs bifiz.afion co,;tn.
-In ffie event aH Work undef thiS COMUKA is not completed in one operation, American Parking Cl ontrol shall be paid in
fufl fair all hems ofwork cmnpeted upon the completion thercof. Any work under this con act fix- which Ame6can
Parking Control haq not received a "Ivorh' Order" Valfing for Completion wifhri (me year from the date ofthis agreement
wffl be subliect to renegotiaflon ofprices, or cancellation at Anwrican I'm ",ig Control's option.
,'rj'ej_jywS o IT a ' yment - Ilayment ram fiffl Ibr all work perlbrined hercunder during any mondt shall be inade no hater than the
lenth day of the month next loHowhig. FinM and complete payment ffir all Nvork peribrined he shafl Nor made upon
I Meresi at time late of( 15) perce'i ?t jV'r apill um Sim) i i'V Charged YO u
and p.0d by you on all anpaid balances from flte Muir( date to Ihe date, of'receipt ofpaynwnt by American flark4rg� Control
Reasombie anornev's fses, and cost ofoollection shall Ix., charged you and paid by you, ifincurred by us,
A signature m approval by any other means to the work lisled on this wntract will constifift the fiffl and con'ipletc
agreemem between us by the Wrms and conditions listed at*ve,
Chent Authodzed Sig.nwr
Sign flcre:
/%meHcan Parkfiig Cmttr(O
S�gn Herc�
Total St7,1 N7- l
Page 3
REQUEST FOR LA PORTE DEVELOPMENT CORPORATION BOARD
AGENDA ITEM
Agenda Date Requested: September 27, 2021
Requested By: Jason Weeks, Asst. City Mgr.
Department: Administration/CMO
Report i' Resolution 1�'°' Ordinance
Exhibits: None
Appropriation
Adm. Transfer to Fund
Source of Funds:
015
Account Number:
038-6030-565-9015
Amount
Budgeted:
$1,791,031
Amount
Requested:
$1,791,031
Budgeted Item:
4' Yes �,.", No
SUMMARY & RECOMMENDATION
In order for the La Porte Development Corporation to expend the FY 2021-22 budgeted
funds allotted for CIP projects in the latest budget cycle, the City has to post these
projects much like we are required for an incentive given to a private corporation.
Approval of this agenda item will start the 60-day citizen comment period. After this
period, staff will bring the list forward for final approval by the Board.
The discussed list of approved CIP projects are as follows:
2021-22 Fiscal Year
• Downtown Lighting & Enhancements - $150,000
• Enhancement Grant Program - $100,000
• Fairmont Park Splash Pad (1/3 Funding) - $200,000
• Dog Park at Fairmont Park - $212,275
• Broadway Street Trail Lighting Phase II - $ 390,156
• Signage Project Phase I - $350,000
• Fairmont Park Improvements (Exercise Shade Structure) - $52,600
• Pecan Park Parking Lot Improvements - $336,000
• Total Projects - $1,791,031
Staff request the LPDC Board to approve staff to publicly post the above projects in the
Bay Area Observer on Thursday, October 7t" to begin the 60-day comment period for
these projects. December 6t" will be the 60t" day; therefore, staff will schedule a public
hearing on December 13t" prior to the La Porte Drainage & Flooding Committee
meeting to finalize this process in order for these projects to be funded.
ACTION REQUIRED BY LPDC BOARD
Approval to publicly post and begin the 60-day comment period for eight (8)
projects totaling $1,791,031 for fiscal year 2021-2022. These projects are the
Downtown Lighting & Enhancements - $150,000, Enhancement Grant Program -
$100,000, Fairmont Park Splash Pad (1/3 Funding) - $200,000, Dog Park at
Fairmont Park - $212,275, Broadway Street Trail Lighting Phase II - $ 390,156,
Signage Project Phase I - $350,000, Fairmont Park Improvements (Exercise
Shade Structure) - $52,600, Pecan Park Parking Lot Improvements - $336,000.
Approved for the La Porte Development Corporation Board meeting agenda
Corby D. Alexander, City Manager
Date
REQUEST FOR LA PORTE DEVELOPMENT CORPORATION BOARD
AGENDA ITEM
Agenda Date Requested: September 27, 2021
Requested By: Jason Weeks, Asst. City Mgr.
Department: Administration/CMO
Report i' Resolution 1�'°' Ordinance
Exhibits: Monument photos & design, Location
Photos & aerial, Foundation information, and
City Council Agenda Request form from 2/8/21
Appropriation
Source of Funds: 038 — EDC Fund
Account Number: 038-6030-565-9997
Amount Budgeted: $252,650
Amount Requested: $22,000
Budgeted Item: i; Yes ir No
SUMMARY & RECOMMENDATIONS
Gold Star Families are those who have sacrificed a loved one for our freedom in the
Armed Forces of the United States. In our nation's history, there has been little done
on a national scale to honor and recognize these families and their loved ones who
have given so much for our way of life. This motivated WWII Medal of Honor recipient,
Woody Williams and his foundation to create the Gold Star Families Memorial
Monument program. The Gold Star Families Memorial Monument program is a national
effort designed to provide a place of permanence for Gold Star Families and the general
public to gather in honor and recognition of the sacrifices which have been made for
our freedom and to ensure that we never forget. Currently, this program is active in all
50 states and one U.S. territory with 87 monuments installed and an additional 77
monuments in progress. The impact of this program helps to raise public awareness,
promote community, and most importantly support Gold Star Families and the legacy
of their loved ones.
La Portian, Milissa Guyon, is inviting the La Porte Development Corporation to be a
part of helping the La Porte Gold Star Families provide a permanent point of service
and support to Gold Star Families within the La Porte community. Mrs. Guyon has the
honor of serving on a committee of dedicated individuals in our community who have
come together with a common goal to establish the La Porte Gold Star Families
Memorial Monument. Earlier this year, the La Porte Gold Star Families committee
approached the La Porte City Council to request the Gold Star Families monument be
located within the Five Points Park Plaza, which was approved. The committee has
been active in the community seeking funding for the cost associated with installing the
monument.
The quote for the monument is a total of $51,306 and includes four monuments and
four bases in Premium Jet -Black granite per specification and design furnished by
Blackwood Associates, Inc. for the GSFMM. This fee also includes delivery and
installation of the Gold Star Monument. Included in this quote are:
• All laser etchings
• All sandblasted lettering. The Lettering on the front of the GSFMM will be sand
carved with Gold litho. The litho can be reapplied at a later date if it fades due to
weather and environmental issues at a minimum cost and effort.
• One 3/" thick 1"X1" Bronze cut metal star, painted gold.
• One 18"X24"X8" bevel marker (description ledger) with polished bevel top and a
1 1/" polished margin and the pedestal of the same granite that is 5 feet tall and
8 inches square. The balance of the stone will be rock pitched, with laser etched
lettering to provide the message and meaning of the scenes on the four
monuments. The Lettering on the front of the GSFMM will be sand carved with
Gold litho.
• Two 4-0 all polished Jet -Black benches. These benches can be laser etched to
honor the families and corporations based on information provided by the
committee.
For all services rendered by Bailey Granite, the total purchase price is $51,306. This
quote includes all necessary services of a completed granite structure such as crating,
shipment, delivery, and installation of the monument. The Committee explained that the
advantage attained by choosing Bailey Granite as the monument provider, is that there
are no taxes on monuments if purchased in Kentucky. For this project, that is a savings
of approximately $3,078.
In May 2021, the Gold Star Families Committee hosted the 1st PFC Matthew K. Guyon
Golf Tournament to raise funds, which netted over $22,500. In June 2021, they hosted
Spirit Day at Gringos La Porte and raised $181. Also, they have been crowdfunding on
social media. The Committee has submitted the 1st payment to the granite company in
the amount of $15,391.80. There is a balance of $14,110.41 in the account. This
account is managed by the Hershel "Woody" Williams Foundation. The Foundation is
a 501(c)3 nonprofit organization with a Platinum Seal of Transparency from GuideStar
- the world's largest source of information on nonprofits.
As mentioned, the City of La Porte has approved the monument to be placed at Five
Points Plaza Park. The Committee has indicated that Houston Ready Mix has
volunteered to donate their time in placing the concrete base. Also, the Committee has
secured a donation for the concrete. The Committee is optimistic that they will be able
to find a company to donate landscaping.
Therefore, staff has been approached by the Gold Star Families Committee for La Porte
requesting the LPDC financial contribution of $22,000 to cover the remaining $21,805
to the granite company & the $195 to be applied to the ceremony necessities.
ACTION REQUIRED BY LPDC BOARD
Consider, discuss, and possible approve funding the La Porte Gold Star Families
Monument Committee up to $22,000.00 for installation of the monument at Five
Point Plaza Park.
Approved for the La Porte Development Corporation Board meeting agenda
Corby D. Alexander, City Manager Date
isometric of Monument
4"concrete gathering
area with thickened
turned down edges.
"-I 1 nt
2 y Hnl. Monument Foundation Plan
AQz �31- - V-�7�
Numbered Notes:
1. 12" Thick footing, 4000# concrete, #4 bars @
10" oc long direction, #4 bars at 16" oc short
direction. #4 bent bars @ 32" oc,
1 18" tall stem wall - T-8" wide. 2 rows of #4 bar
long direction. I row #4 bars @ 16" oc in short
direction.Top of radius stem wall must be
completely flat to allow monuments to sit plumb.
3. Monument base to be placed by others. See
Sheet3.
4. 4" Concrete slab with light broom flnish, too]
joints as shown. Slope to drain, 4" min. stone
base.
5. Provide expansion joints or control joints at
max 20' any direction. Pattern may be modified to
acccmodate site restraints or design.
enJon 7.0100 Kmiucky Monument Foundation Plan August 6, 2019 A 02
I Numbered Notes:
rows of #4 bar long direction
equally spaced (3 rows in alt
bars @ 12" oc in short direction.
3, 8" Tall monument base (by
4. Laser etched monuments,
images will vary from site to site
(by others)
6Top of stem wall must be
cD completely flat to allow
monuments to sit plumb.
7. Anchor Bar drilled into existing
foundation and installed by
Monument Company.
18. 4" Concrete slab with light
broom finish, tool joints as shown.
Slope to drain.
Monument
21'-4"
1. Top of stem wall below.
(Standard Rectangle.) Must
be perfectly level to place
3
monument.
2.
Shaded areas are monument
bases,
3.
Short dashed are location of
vertical monuments to be
placed on top of monument
bases.
4.
Holes in monument bases and
---- — -
vertical monuments are by
monument stone provider.
CO
Monument stone installer will
drill and epoxy vertical dowels
after these bases are field
located.
5.
Exposed edges of monument
bases are rough cut,
L. I
concealed faces and tops are
polished smooth.
6.
Footing below. See Sheet 2.
Monument Base Placement Plan
Scale: 112"=1*-0"
Gckl Star FarnHles
T-7 27/32"
%/Lmion IN= Kcnlucky Monument Base Stone Placment Plan, August 6, 2019 A � 04
M-in olWI
W
CL
0)
rt
0
Z)
M
0
a
V-8 7/8" 4'-2-'4"2"4-'2-- 3 1/2"
Ul
FIVE POINTS PARK
(from Park looking southeast toward San Jacinto Ave.)
FIVE POINTS PARK
(from Park looking southwest toward Broadway St.)
FIVE POINTS PARK
(from Park looking northeast toward Broadway & Main Street corner)
FIVE POINTS PARK
(from Park looking southwest toward Broadway Street and Harris
County Sheriff's Office)
FIVE POINTS PARK
(from Broadway Street looking east)
FIVE POINTS PARK - AERIAL 2020
Proposed location for installation of the Hershel "Woody"
Williams Medal of Honor Foundation "Gold Star Families
Memorial Monument" within City of La Porte Five Points
Park.
1111 1 Jill 11 1111 111 � Ilyll 111 1111
The Hershel "Woody" Williarnis Medal of Honor Foundation(HWWMOHF) is pleased to support
our projectteams in many ways. One key area of support, is focused on the financial processes
involved in establishing a Gold Star Families Memorial Monument (GSFMM),. Tile HWWM10HF
maintains a restricted account for each and every GSFMM project and provides all necessary
financial services related to your project.
There are four (4) primary financial aspects of each GSFMM project: accepting and processing
contributions, maintenance of financial reporting, processing invoices, and fundraising.
Accepting and Processing Contributions
A critical'••••.. part of your monument effort will involve the raising of funds needed to complete the
project. These funds are donated in various ways including check, bank transfer, online
donation (via your specific project page*), donated stock, and cash. The HWWMOHF is
committed to ethical and appropriate handling of donor dollars and will assist you every step
of the way to make certain that we operate ethically and efficiently.
Donations by Check:
1. Contributions should be made payable to: HWWMOHF and your project name in the
"Memo" or "Notes" section.
- Up.- When submitting donations to HWWMOHF, make sure contributions are
dearly marked with your project name as mentioned above,. This will ensure that
the contribution is properly credited to you project accounL. Any check without
a project specified will be processed as general funding.
2. Mail payments to HWWMOHF headquarters at:
HWWMOHF
12123 Shelbyville Rd
Suite 100
Louisville, KY 40243
3. The HWWMOHF banks with Chase Bank and in many cases, there is a Chase location
in your community. If you receive cash or feel compelled to deposit funds in your local
Chase Bank, please contact our Treasurer, Tiffany Tatum, as she will provide you with
the information our locked deposit -only fundraising account number. You will need to
provide a photo ID when depositing funds into the account. There is also an excel form
thiat must be completed and emailed to us when you make a local deposit. (See form in
your GSFMM Resources Dropbox folder).
4, The HWWOMHF will send proper tax receipts and acknowledgements to donors who
provide their address. We encourage Your committee to also acknowledge their
generosity and will provide donor contact information if you wish to issue a personal
thank you.
Maintenance of Financial Reporting
The HWWMOHF will provide your G,SFMM team with financial reporting which includes a
weekly report of contributions, expenditures, and donor information. These reports can be
found in your Financial Report Dropbox folder. This information will help you track your project
as well as establish goals and tirnelIines.
Processing Invoices
Based on the funds available in your GSFMM project account, HWWMOHF will process
invoices on behalf of your project team. These will include items such as payments to vendors
constructing the GSFMM.
Tips for Paying Vendors
1. Check your project funding account report to make sure you have sufficient funds
to incur expenses.
2. Verify with the HWWMOHF that your proposed expenses are eligible for payment.
3, Submitthe Invoice Payment requestform for payments we will be making directlytothevenclor. Submit
the Reimbursement Request Form for reimbursements to a committee member for expenses they
have incurred. No payments will be issued without a request form and an invoice or detailed receipt
Fundraising
Not all committees host fundraisers -most often funds are secured by local donors personally
solicited by committee members. However, if it makes sense or becomes necessary to host a
fundraiser and you have received approval from the President and CEO, Chad Graham as well
as Director of Programs, Alex Nauert. The HWWMOHF requires the following:
1. Email our Treasurer, Tiffany Tatum, the type of fundraiser you will be hosting (5k,
formal dinner, raffle, etc). Charitable fundraising laws vary by state and we must
make sure you are properly registered in advance. Note, the HWWMOHF is
registered for solicitation in all states that require registration however many
states require special event/gaming registration in addition to that general
registration.
2. Keep separate accounting/deposits for general contributions and event
proceeds -these must be accounted for separately on the Form 99'O and our
financial audit. The same goes with payments made for event
expenses. Communicating in advance as requested above will make sure we
are on the same page.
3. Attached is a simple donation receipt for contributions of money or goods (like
auction items) made in person at an event
',
The Hershel "Woody" Williams Medal of Honor Foundation
12123 Shelbyville Road
Suite 100
Louisville, Kentucky 40243
www.hwwmohf.org
Phone: 888.839.7190,
Email: contact@hiwwmohf.org
DN#: 06-1840409
Contact for the President and Chief Executive Officer:
Chad L. Graham
Phone: 888.839.7190
Email: cjbad,,E[ra.Ljj� -,r) o h -f, 0.)..0.
Tiffany Tatum, CPA MBA
Phone: 888-839-7190
Email : T f l' a n.y. -taiji 00
_m2hwwmohj", r,
... .... . .... . . .. ..... .. . .. .... . '
Hershel "Woody" Williams Medal of Honor F'ouindation
3-2223 Shelbyville Road
Suite ioo
Louisville, Kentucky 40243
The Hershel "Woody" Wifliams Medal of Honor Foundation is a charitable 501-c3 nonprofit
organization that pursues the vision of Medal of Honor recipient Hershel "Woody" Williams to
establish Gold Star Families Memorial Monuments in communities throughout the country,
sponsor Gold Star Family outreach programs, provide Living Legacy schollarshipsto eligible Gold
Star Children, and to advocate for educational benefits for all Gold Star Family members.
The impact of the Foundation's work helps to raise public awareness about Gold Star Families'
enduring sacrifice and the ultimate sacrifice made by their Loved One. The Foundation wishes
to, educate the community about these sacrifices, reminding us all that freedom has not been
and is not free.
Mission Statement: To honor, recognize, and serve Gold Star Families and the legacy of their
Loved Ones who have paid the ultimate sacrifice.
This mission is pursued through three focused programs, Gold Star Families Memorial
Monument, Outreach, and Education.
Initially the Foundation's goal was to establish a Gold Star Families Memorial Monument in
founder Woody Williams' home state of West Virginia, Once that monument was complete, a
new mission became clear to Woody and those atthe Hershel "Woody" NIIiams Medal of Honor
Foundation to establish these monuments in as many communities as possible in all So states
and US territories.
The Gold Star Families Memorial Monument provides a place of permanence for Gold Star
Families to gather and utilize in honor and remembrance of their Loved Ones who pallid the
ultimate sacrifice in the US Military. They are intended to achieve the following
goals: demonstrate to Gold Star Families that their community cares forth!em and appreciates
their sacrifice while also honoring the ultimate sacrifice paid by their Loved Ones, establish and
strengthen local Gold Star Family communities,- and educate the general public about Gold Star
Families' enduring sacrifices and the ultimate sacrifice made by their Loved Ones. As of
December 2o3.9, there are Sq GSFMMs which have been established with an additional 66
GSFMMs; In -Progress spanning a footprint Of 4S States and Guam.,
These Monuments are a two-sided tribute made of black granite. One side bears the words: Gold
Star Families Memorial Monument a tribute to Gold Star Families and Relatives who sacrificed a
Loved One for our Freedom. The other side tells a story through the four granite panels:
Homeland, Family, Patriot, and Sacrifice. The scenes on each panel are a reflection of each
community's Gold Star Families and their fallen Heroes,. At the center of this tribute is a
silhouette of the Loved One who paid ultimate sacrifice in the name of Freedom.
Outreach
After the dedication of each monument the foundation is focused on keeping each Iocal Gold
Star Family community engaged through sponsoring and hosting Outreach programs and
events.Events include memorial events, SK runs & walks, motorcycle rides from monument to
monument, riverboat gatherings, school speeches, as well as events like the Gold Star Family
Day at the Ball Park. These events provide opportunities for Gold Star Families to come
together, honor their fallen Heroes, and build a system of support while also raising public
awareness about Gold Staffamihes, In 2o:i8, we hosted 95+ community events with 231(+
attendees and we gave .5o+ educational speeches with -iooK+ attendees.
In addition to hosting and sponsoring public events, the Foundation has begun to explore and
engage in additional efforts to serve and support Giold Star Families through direct outreach.
Through strategic partnerships with fellow nonprofits, charitable: foundations, and corporate
partners, these efforts provide a range of services including everything from home improvement
for those Gold Star Families in need, to therapy animal placement among Gold Star Families
who can benefit from that support.
Mr. R Me,
Another initiative of the Hershel "Woody" Williams Medal of Honor Foundation (HWWMOHF) is
to honorthe fallen by helping their children payfortheir education through the awarding of Gold
Star Living Legacy scholarships. Our scholarships are provided to an underserved group who are
not be eligible for the Fry Scholarship and/or DEA (Dependents Educational Assistance). Our
Gold Star Living Legacy Scholarships award amount is needs -based with a maximum award
amount of sS,000 per academic year.
In addition to s,cholarshiips, the HWWMOHF works to advocate for educational benefits for all
Gold Star Fairnily members. This is accomplished by working with nonprofit partners and
educational institutions as well as federal and state governments.
ME=
'rhe Hershel "Woody" Williams Medal of Honor Foundatior
:12123 Shelbyville Road
Suite ioo
Louisville, Kentucky 40243,
www.hwwmohf.org
Phone: 888.839-72-90
Email: contact@hwwrnohf.org
ElN#: o6--1840409
Contact for the President and Chief Executive Officer:
Chad L. Graham
Phone: 888.839.7190
EmaH: chad. graham @hwwmohf.org
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 8, 2021
Requested By: Corby Alexander, City Mgr.
Department: Administration/CMO
�i«" Report r Resolution r Ordinance
Exhibits: Foundation Information, Proclamation,
Photo & Diagram of Monument, Photos of Five
Points location & Aerial
Appropriation
Source of Funds: n/a
Account Number: n/a
Amount Budgeted: n/a
Amount Requested: n/a
Budgeted Item: ro Yes r No
SUMMARY & RECOMMENDATION
La Portian U.S. Army Private First Class Matthew Keith Guyon tragically passed away
on June 4, 2020. He was stationed at Ft. Carson, Colorado.
Matthew was born May 16, 2001 in Omaha, Nebraska to John & Milissa Guyon. He
was survived by his parents of La Porte and his brother Nicholas Guyon & fiance'
Katelyn Pacheco of Ft. Campbell, Tennessee. He had a precious girlfriend, Joselyn
Salcedo of Aurora, CO, whom he was building a beautiful relationship with. Also, he is
survived by his grandmother, Marlene Guyon of Universal City, TX and a host of aunts,
uncles and many cousins.
While growing up, Matthew was an active volunteer. He received multiple Presidential
Volunteer Service awards including the Gold award. He was co -recipient of the
American Red Cross Rising Star award. He volunteered with the La Porte Police
Department Explorers, Office of Emergency Management, La Porte Animal Shelter,
Community Emergency Response Team (CERT), Pipefitters Local Union 211, and
more. He had a passion for cooking. He was incredibly excited to enter the US Army
as a cook and was promptly invited to join their competition culinary team. His passion
was BBQ. He loved to gather with friends and coworkers for a BBQ. Matthew lived life
to its fullest and had fallen in love with the awe of Colorado. When he wasn't at work
he could likely be found surrounded by God's beauty in the nearby mountains.
As a way to pay tribute and honor the legacy of US Army Private First Class Matthew
Keith Guyon, the parents of Matthew began a fund raising campaign to bring a new
Gold Star Families Memorial Monument (GSFMM) honoring the families of servicemen
and women who sacrificed their lives while serving in the military to La Porte. Milissa
and John Guyon are Honorary Board Members for the Gold Star Family Memorial
Monument, Hershel Woody Williams Medal of Honor Foundation (HWWMOHF). The
Guyon family and local monument committee members have begun the fund raising
campaign for the monument by the hosting of the PFC Matthew K. Guyon Golf
Tournament, which will be held on May 17, 2021 at the Bay Forest Golf Course in La
Porte.
The Hershel "Woody" Williams Medal of Honor Foundation is a charitable 501 c3 non-
profit organization that pursues the vision of Medal of Honor recipient Hershel "Woody"
Williams to establish Gold Star Families Memorial Monuments in communities
throughout the country, sponsor Gold Star Family outreach programs, provide Living
Legacy scholarships to eligible Gold Star Children, and to advocate for educational
benefits for all Gold Star Family members. The impact of the Foundation's work helps
raise public awareness about Gold Star Families' enduring sacrifice and the ultimate
sacrifice made by their Loved One. The Foundation wishes to educate the community
about these sacrifices, reminding us all that freedom has not been and is not free.
The mission statement of the Foundation is "to honor, recognize, and serve Gold Star
Families and the legacy of their Loved Ones who have paid the ultimate sacrifice."
Initially the Foundation's goal was to establish a Gold Star Families Memorial
Monument in founder Woody William's home state of West Virginia. Once that
monument was complete, a new mission became clear to Woody and those at the
Hershel "Woody" Williams Medal of Honor Foundation to establish these monuments
in as many communities as possible in all 50 states and US territories.
The Guyon family, along with the local monument committee comprised of Steve
Deardorff and Jeff Martin has approached the City of La Porte for permission to
construct a Gold Star Families Memorial Monument at Five Points Park, which is
located at the intersection of Main Street and Broadway Street in downtown La Porte.
This monument would be two-sided tribute made of black granite. One side would bear
the words "Gold Star Families Memorial Monument a tribute to Gold Star Families and
Relatives who sacrificed a Loved One for our Freedom." The other side would tell a
story through four (4) granite panels: Homeland, Family, Patriot, and Sacrifice. The
scenes on each panel would be a reflection of each community's Gold Star Families
and their fallen Heroes. At the center of the tribute would be a silhouette of the Loved
One who paid the ultimate sacrifice in the name of Freedom. Staff has provided a photo
as well as engineering diagrams of the monument for City Council to better understand
the layout of the memorial monument.
Staff has researched the area at Five Points and believe the ideal location of the
construction of the Gold Star Families Memorial Monument would be in the circle area
at the far southwestern portion of the park. Staff has provided photos and an aerial map
to better familiarize the Council as to where the monument could be located.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny the access to Five Points Park as the site location for
construction and/or placement of the Gold Star Families Memorial Monument as
a tribute to Gold Star Families and Relatives who sacrificed a Loved One for our
Freedom.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager
Date
REQUEST FOR LA PORTE DEVELOPMENT CORPORATION BOARD
AGENDA ITEM
Agenda Date Requested: September 27, 2021
Requested By: Jason Weeks, Asst. City Mgr.
Department: Administration/CMO
Report i' Resolution 1�'°' Ordinance
Exhibits: Redline Draft and Final Version of
Enhancement Grant Policy, and Local Bidder
Preference Form
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: ir Yes ir No
SUMMARY & RECOMMENDATIONS
At the July 26th La Porte Development Corporation Board meeting, the Board asked
staff to prepare revisions to the La Porte Enhancement Grant Program policy as it dealt
with "local bidder preferences." Staff has reviewed the current Enhancement Grant
Program policy and is recommending the following changes:
Program Guidelines
• #9 has been revised to clarify the number of times applicants may apply for
funding through this program over a three (3) year period.
• #10 has been revised to include language the allows the LPDC to pay up to the
5% difference if the applicant wishes to utilize the goods and/or services of a
local vendor. Additionally, this would require the applicant to complete the Local
Bidder Preference Application.
• #11 was deleted due to the Program only allowing for projects at a minimum of
$2,500.
Application Process
• #2c has been revised to delete references to a Contractor List for La Porte
Contractors. The City does not maintain a contractor list.
Additionally, staff has updated the revision date to read "9/27/2021." Staff recommends
the Board provide any further direction on the recommended changes and approve a
revised La Porte Enhancement Grant Program policy.
ACTION REQUIRED BY LPDC BOARD
Consider, discuss and possible approve the revisions to the La Porte Enhancement
Grant Program policy.
Approved for the La Porte Development Corporation Board meeting agenda
Corby D. Alexander, City Manager
Date
The La Porte Enhancement Grant Program, which is sponsored by the La Porte Development
Corporation, offers matching grants to businesses which are located in the City of La Porte.
Eligible improvements of the La: Porte Enhancement Grant Program include fagade
enhancement/rehabilitation, beautification projects, new awnings, canopies, porches, signage,
and parking lot improvements. Commercial property owners or businesses may apply for grant
reimbursements from a minimum of $2,500 to a maximum, of $50,000. Each application will be
evaluated on a case -by -case basis, and ALL projects for a matching grant greater than $25,000
must also be approved by the La Porte City Council.
Interested business owners are welcome to complete the enclosed application form. Please
deliver applications to:
Jason B. Weeks
Office of Economic Development
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
Please email us at WeeksJ Lqpg _Lt e . . ..... , or call 281/470-50 12, if you have any questions about
the La Porte Enhancement Grant Program.
LA PORTE BY TH E BAY
604 W Fairivail I'larkway La Po�,tej'exas 77571 28,11470-5016
LA PORTE ENI IANCEM ENTG RANT PROGRAM
PAGE 1., Revised 9/-1?.7/201.
MIN5�� L�iii( "H If
]1919_11��0
Business owners may be eligible for a reimbursement grant of funds which are used to
enhance aind/or beautify their businesses. The following types of projects are eligible for
reimbursement:
Faigade Rehab! litation/Enha nice,ment
Eligible projects include work on existing structures, such as removing non-
historic/added facades, re -pointing brick or replacing mortar joints, replacing or
restoring cornices, removing paint from brick, replacing windows, restoring transom
windows, repairing facades, etc.
0 N,ew Awnings, Canopies, Porch,es, and Signage
Eligible projects include replacing, adding, or repairing awnings, canopies, porches,
and signs. Signs may include signboards, projecting signs, pedestrian signage, window
signs, hanging signs, and awning/canopy signs.
Beautification Projects
Eligible projects include public art, landscaping, and other beautification projects as
approved by the La Porte Development Corporation Board (LPDC).
Parking Lot Improvements
Eligible projects include new parking lot construction, parking lot paving, parking Ilot re-
surfacing, parking space striping/painting, new parking blocks, old parking block removal,
and other projects as approved by the LPDC,
1, Grant funds are available only for exterior work on commercial property and building
facades that are visible from public streets,
2. In general, grants offered to businesses are intended to support projects to renovate or
convert existing structures to their original historic condition.
1 Grants will be processed and considered for award on a first -come, first -served basis
until funds are depleted or until the program ends, whichever comes first.
4. Grants will not be awarded for work that has already been started or completed, or for
work that is covered by insurance. If desired work is above and beyond what insurance
will pay, and is, therefore, considered an upgrade and enhancement in the opinion of
the LPDC, it may hie eligible for grant funds.
LA PORTE ENI-IAN(."ErV]EN-I'GRANI' PROGr IAFVI
PAGE 2, Revised 9/1.�g:�J21.0
Grants will not be awarded to any Applicant that owes any delinquent
indebtedness* to the City of La Porte or thie La Porte Development Corporation
(LPDC).
* "Delinquent Indebtedness" shall mean any indebtedness due and owing to the City of La Porte or the
La .Porte Development corporation, including but not limited to, ad valorem taxes on real and personal
property, which property is in fact owned by and is legally subject to taxation, whether or not the some
may have been properly rendered to the tax assessor -collector by any person. Such term shall also
include, but not be limited to, charges for penalties, interest and costs on any such ad valorem taxes;
charges for water, sewer, garbage and other services rendered or goods furnished by the City of La Porte
or the
La Porte Development Corporation to any person; and any other manner of indebtedness to the City of
La Porte or the La Porte Development Corporation, now existing or which may hereafter be created by any
person. No such indebtedness shall be considered "delinquent" until the time for its current payment
under the various ordinances of the City of La Porte, or state statutes, or contractual agreement, shall
have expired, without payment having been made.
6, Each grant will be awarded on a reimbursement basis once completed work has been
verified by the LPDC to be compliant with the plans proposed in the approved application.
Any deviation from the approved project may result in the total or partial withdrawal of
the grant.
7. Each enhancement grant application will be subject to review and approval from the
Board of the LPDC. The review criteria include the following.
• The project demonstrates a significant improvement overthe existing situation,
• The project will add to the beautification of the City of La Porte-,
• The project will enhance the City of La Porte's appeal to new businesses and
visitors,
• The project will complement the surrounding buildings, and
• The project will add value to the City of La Porte.
8. Grant applications and awards may be made in any of the reimbursable activities
described above and may be combined for any single property or project.
9. An applicant is defined as an owner, tenant, or combination thereof, who occupies
space in an eligible property. A single owner of multiple properties may apply for
grant funds for each property owned, but the matching grant must be for more than
$2,500 and less than $50,000 per property in a three (B) year period. -The intent is
that an owner .tc7nr7t� or combination thereof is not e.figiWefor. annuu ..l..
wL Lli Lia�ic:2n t�7„li.-� s�u.n`a j _. fc rm�(s m �umg gLi.,Ji_l ic�_catep rre__-s of the �,� ca ;�`�ar�7.
I r rrrursi f'.. wt�7mrmn � y r.agriod between p�ligi ili pr �su�afiej�e�r�r
a t1)e sam,e_pLO pLgcation.
10, Preference will be given to all local bids for work that qualify under the current form of
LA PORTE ENHANCEMENT Gi , NT PROGRAivi
PAGE , Revised /1. /21,0
the City of La Porte's Local Bidder Preference Policy, vviClr_so t�ri wino L r cIj Li Its (lIJat
are revalent to I=PD _LC at thie time the project is approved by the Board, The Local Bidder
Preference Poh , shall be "QLIOt(---'-S for the p _urcFigsgj.-L A�
. .... .... t.gqq _ia,IIcLservices between two
. . . .... . . . . . .. . ..... . ............ ........ .......... -
thousand dollarsJ.$2-,)DD)..,iILId one hundred thousand dollars �($I�LQJL)O(D yf_th��. j1p icant
. . ......... . ....... -J- — -gjL--I—
pe or more writter.ISI LAq)p!.Lfj.orn a venclorthat is a local business and whose
— - ----- --- . ... . . .... .. ....... . .. . ..... . ........
.qu I,p, is within five p r e n t ts (2te received 1. Lhg,2. pLI!a(II...from 'the
.. . ...... . . Ij-
venclor that is nc t. a local busjnL��J.4'11?.0 mgy aL -e ��_I�o reimbursement with tf e local
vendor that has ap,Eh-ici I pL�Le _�If busi
ness in L.a Port -as defined in -the City of La
. . . . . ... ............. . .... . . -�Iz --- . ............... . ....... . . . ...... . . ........
Porte's Local Bidder Preference P J i �fS)�U --tenninin 11 reirribursernent s es of de
. . ............ - ------ ............... . —b ................................ ..........
—anplicant will [)e reimbursed the sum of the lowest cost of each of the
-- - ----------- . ........... . .... . ... . ..... . the ...... . ... ...... ....
i-t..e m i,te i quotes. IJOWeV � should 'the ap a��j p vide the
----p �Il"--�-� ..... . ... . .. ------ --
LPDC a co,rnp t?,Li. Ipr wl Bidder Preference Consideration A.)plication based on....a local
bid er pry idin t
_
LP_�_ijRp-S-to reimburse to the local vendor the 5% difference as a a V - jlgLi W q[-
pLiqicij ,L�ag_wmtti.-jocM bUSinesses.
w W - a h - 59� X D - o - t -1. 7 G() 0,, w u- k J - b, e a r (; 2:4 T 4) - u i -, 4) - I - r- - e ) (1), L � 4 se; as - f) e, r t I -- - - Q ty -, a -f- L a - 12 E m r- L- e-
A L- r- r- I °i - a - 5 4-, 1 . g 42 Gf k- y - :
Determine eligibility: Discuss project plans with the Economic Development
Coordinator.
Complete the application and sign the agreement form. Each grant application must
include the following:
a. A scaled drawing by the project architect or design professional of all the work
to be completed.
b. Samples -- i.e. paint samples, fabric swatches, sign material, etc. -- that will
enable the LPDC to envision the finished project.
Three (3) itemized work estimates on all project work from contractors or
project architects. At least one quote must be obtained from applicable La
Porte business, Should La Porte business not respond, applicant must provide
documentation (email) or letter) evidencing that a request for quote was
requested.
of -Wor--k,
LA PORTE ENHANCEIMEN"I" GRANT PROGRAM
PAGE 4, Revised 9/1 210
DU0QE OVTU"0N/
��C0mtracted work will be reimbursed
for actual legitimate expenses, excluding labor.
dl. Photographs ofthe building's exterior. The Applicant shall bmrequired tm
provide before and after photographs of the building before the reimbursement
grant can be awarded. Furth,e initial application, "before" photographs will
suffice, but "after" photographs of the completed project must be subrmhtmd
bcforeth!e grant may be considered for reimbursement.
3. Return the completed application form, with all applicable items, to:
Jason Weeks
Office mfEconomic 0eveloprmemt
City pfLa Porte
604VV. Fairmont Parkway
LaPorte, TX77572
4. The application will undergo anapproval process, which includes but isnot
limited to the following�
a. Each project must meet current building standards and codes, as well as
building permit requirements.
b. The LPDCwill only consider applications that have been properly and fully
completed, and which contain all information requested in the application
and/or by the committee.
c. All itemized work estimates submitted 6vthe Applicant must bedated no
earlier than ninety (90)days prior tothe Application request. Bids shall be
sUb[nit1edonthe contractor's Vrproject architect'sletterhead amd'shaU
contain the contractor's name, address, and telephone number and shall
itemize the bid imarnanoerthatallows the LP0Ctodetermine the bid
components and authenticity of the bid.
dl. Applications receiving approval by the LP0CuhaN cmnmrmence construction
described in the application within ninety /90\ days from the date that the
enhancement grant is approved. Each Applicant Must complete the
construction described in the Application within one (1)year from the date that
the grant lsapproved. If the Applicant cannot meet this tirmeUine,then the
Applicant may submit 8 written request for an extension of the commencement
date or completion date provided the extension request is made prior tqthe
ninety /90\day orone (1)year time limit. The LPDC shall not be obligated to
grant an extension, but it may do so for good cause determined solely by the
LA P0RTE ENHANCEIMEN rGRANTPROGRAM
members of the Committee. The extensions, if granted, shall be for the term
and for the conditions determined exclusively by the LPDC. Denial of an
extension request may not be appealed.
e. As a condition of this grant Application, the Applicant consents, and shall
allow, the LPDC to request city inspections to determine that the grant, if
awarded, will not be used for construction on any building that is not in
compliance with the City Municipal Codes and Ordinances that are applicable
to the construction contemplated in the application.
f. The LPDC shall have sole discretion in awarding grants. They shall award
grants considering the amount requested, grant funds available, the guidelines
of the grant program, condition of the building in which the grant funds will be
used, economic impact, other grant requests, the type and nature of the
construction, and the proposed construction results considering the grant
program,
g. No Applicant has a proprietary right to receive grant funds. The LPDC shall
consider any application within its discretionary authorityto determine what
grant amount would be in the best interest of the grant program.
h. The Applicant shall be required to furnish "before" photographs of the
building's exterior, and any other site locations that are included as part of
the application request. The applicant shall also provide "after" photographs
once the construction has been completed, as a condition of final grant
disbursement.
1. The LPDC has the final discretion with regard to funding and reserves the
right to recommend modifications or reject any project or elements of any
project.,
5. Reimbursement. When the entire enhancement grant project has been completed, the
Applicant shall present the Economic Development Office with the following:
a. Copies of all paid invoices, including copies of cancelled checks and/or credit
card receipts for a single payment reimbursement of the approved funding, aind
b. Photographs of all completed work.
6� When the project has been reviewed and approved by the LPDC, a reimbursement
check will be issued.
LA PORTE ENHANCEMENT GRANT PROGRAM
PAGE 6, Revised 9/-Ie?,-/J2IQ
Please print clearly. Please submit a completed application to:
M =0
City of La Porte
LaPorte, TX 77571
UTIJORMITFINOT0907TYM
Business, Name
Physical Business Address
Business Owner (if different from applicant)
MailingAddress
WOTIMM I 19 ff "Id T-M Mo. V
TYPE OF WORK (check all that apply):
Ei Fa§a,de El Awnings/Signage
El Beautification El Parking Lot Improvements
LA POR-1 17 ENHANCEMENT GRAN F'APPUCATION
PAGE I., Revised 9/41-27 J201
Please list the name of each Contractor and/or Project Architectand the Total Amount of
each bid. Please, also, attach the original proposals and work estimates:
CONTRACTOR/PROJECT ARCHITECT
TOTAL
1.
$
2.
$
3.
$
4.
$
5.
$
PROJECT EXPENDITURES
FUNDS
FUNDS APPLIED
TOTAL
Facade Rehab
$
$
$
Awnings/Signage
$
$
$
Beautification
$
$
$
Parking Lot Improvements
$
$
$
other (list):
$
$
$
TOTAL
$
$
$
Total estimated cost of proposed project: $
Please attach colorsamples, model numbers (for windows, doors, etc.), photos, scaled dmmdn,Y-$ and
other illustrations of warp to be completed. Please include as much detail as possible.
Your signature on this application certifies that you understand and agree with the
following statements: I have miet with the LPDC and II fully understand the Enhancement
Grant procedures anal details established. I intend to use these grant funds for the eligible
renovation projects, as spelled out in the application. I have not received, nor will I receive
insurance monies for this revitalization project, OR l have disclosed all pertinent insurance
information. I understand that if I am awarded an Enhancement Grant, any deviation from the
approved project may result in the partial or total withdrawal of the grant funds.
APPLICANT SIGNATURE DATE
LA PORTTE E�N FIAN CEM ENTGRANT APPLICAnON
PAGIE 2, Revised 9/4._ 201
LA PORTE ENHANCEMENT GRANT PROGRAM
The La Porte Enhancement Grant Program, which is sponsored by the La Porte Development
Corporation, offers matching grants to businesses which are located in the City of La Porte.
Eligible improvements of the La Porte Enhancement Grant Program include facade
enhancement/rehabilitation, beautification projects, new awnings, canopies, porches, signage,
and parking lot improvements. Commercial property owners or businesses may apply for grant
reimbursements from a minimum of $2,500 to a maximum of $50,000. Each application will be
evaluated on a case -by -case basis, and ALL projects for a matching grant greater than $25,000
must also be approved by the La Porte City Council.
Interested business owners are welcome to complete the enclosed application form. Please
deliver applications to:
Jason B. Weeks
Office of Economic Development
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
Please email us at WeeksJ@Iaportetx.gov orcall281/470-5012, if you have any questions about
the La Porte Enhancement Grant Program.
ILA PO ITE BY THE BAY
604VV.FairrriontParkway La Porte, Texas 77571 2.81f470-5016
PAGE Revised 9/27/21
ELIGIBLE PROJECTS
Business owners may be eligible for a reimbursement grant of funds which are used to
enhance and/or beautify their businesses. The following types of projects are eligible for
reimbursement:
• Facade Rehabilitation/Enhancement
Eligible projects include work on existing structures, such as removing non-
historic/added facades, re -pointing brick or replacing mortar joints, replacing or
restoring cornices, removing paint from brick, replacing windows, restoring transom
windows, repairing facades, etc.
• New Awnings, Canopies, Porches, and Signage
Eligible projects include replacing, adding, or repairing awnings, canopies, porches,
and signs. Signs may include signboards, projecting signs, pedestrian signage, window
signs, hanging signs, and awning/canopy signs.
• Beautification Projects
Eligible projects include public art, landscaping, and other beautification projects as
approved by the La Porte Development Corporation Board (LPDC).
• Parking Lot Improvements
Eligible projects include new parking lot construction, parking lot paving, parking lot re-
surfacing, parking space striping/painting, new parking blocks, old parking block removal,
and other projects as approved by the LPDC.
PROGRAM GUIDELINES
1. Grant funds are available only for exterior work on commercial property and building
facades that are visible from public streets.
2. In general, grants offered to businesses are intended to support projects to renovate or
convert existing structures to their original historic condition.
3. Grants will be processed and considered for award on a first -come, first -served basis
until funds are depleted or until the program ends, whichever comes first.
4. Grants will not be awarded for work that has already been started or completed, or for
work that is covered by insurance. If desired work is above and beyond what insurance
will pay, and is, therefore, considered an upgrade and enhancement in the opinion of
the LPDC, it may be eligible for grant funds.
i fWAKENIfftTlair" MIA
S. Grants will not be awarded to any Applicant that owes any delinquent
indebtedness* to the City of La Porte or the La Porte Development Corporation
(LPDC).
* "Delinquent Indebtedness" shall mean any indebtedness due and owing to the City of La Porte or the
La Porte Development Corporation, including but not limited to, ad valorem taxes on real and personal
property, which property is in fact owned by and is legally subject to taxation, whether or not the some
may have been properly rendered to the tax assessor -collector by any person. Such term shall also
include, but not be limited to, charges for penalties, interest and costs on any such ad valorem taxes;
charges for water, sewer, garbage and other services rendered or goods furnished by the City of La Porte
or the La Porte Development Corporation to any person; and any other manner of indebtedness to the
City of La Porte or the La Porte Development Corporation, now existing or which may hereafter be created
by any person. No such indebtedness shall be considered "delinquent" until the time for its current
payment under the various ordinances of the City of LaPorte, or state statutes, or contractual agreement,
shall have expired, without payment having been made.
Each grant will be awarded on a reimbursement basis once completed work has been
verified by the LPDC to be compliant with the plans proposed in the approved application.
Any deviation from the approved project may result in the total or partial withdrawal of
the grant.
7. Each enhancement grant application will be subject to review and approval from the
Board of the LPDC. The review criteria include the following:
• The project demonstrates a significant improvement over the existing situation,
• The project will add to the beautification of the City of La Porte,
• The project will enhance the City of La Porte's appeal to new businesses and
visitors,
• The project will complement the surrounding buildings, and
• The project will add value to the City of La Porte.
8. Grant applications and awards may be made in any of the reimbursable activities
described above and may be combined for any single property or project.
9. An applicant is defined as an owner, tenant, or combination thereof, who occupies
space in an eligible property. A single owner of multiple properties may apply for
grant funds for each property owned, but the matching grant must be for more than
$2,500 and less than $50,000 per property in a three (3) year period. The intent is
that an owner, tenant, or combination thereof, is not eligible for annual
applications to the same property for the same eligible categories of the program.
There must be a three (3) year period between eligibility for same category funding
at the same property location.
10. Preference will be given to all local bids for work that qualify under the current form of
the City of La Porte's Local Bidder Preference Policy, with some minor adjustments that
RevisedPAGE 3,
are prevalent to LPDC, at the time the project is approved by the Board. The Local
Bidder Preference Policy shall be, "Quotes for the purchase of goods and services
between two thousand dollars ($2,500) and one hundred thousand dollars ($100,000), if
the applicant provides one or more written quotes from a vendor that is a local business
and whose quotes is within five percent (5%) of the lowest quote received by the
applicant from the vendor that is not a local business, LPDC may agree to
reimbursement with the local vendor that has a principal place of business in La Porte,
as defined in the City of La Porte's Local Bidder Preference Policy." For purposes of
determining reimbursement costs, the applicant will be reimbursed the sum of the
lowest cost of each of the itemized vendors providing written quotes. However, should
the applicant provide the LPDC a completed Local Bidder Preference Consideration
Application based on a local bidder providing a quote that is within the five percent (5%)
of the lowest quote, the LPDC may agree to reimburse to the local vendor the 5%
difference as a way to honor participating with local businesses.
APPLICATION PROCESS
Determine eligibility: Discuss project plans with the Economic Development
Coordinator.
2. Complete the application and sign the agreement form. Each grant application must
include the following:
a. A scaled drawing by the project architect or design professional of all the work
to be completed.
b. Samples -- i.e. paint samples, fabric swatches, sign material, etc. -- that will
enable the LPDC to envision the finished project.
c. Three (3) itemized work estimates on all project work from contractors or
project architects. At least one quote must be obtained from applicable La
Porte business. Should La Porte business not respond, applicant must provide
documentation (email or letter) evidencing that a request for quote was
requested. Self -contracted work will be reimbursed for actual legitimate
expenses, excluding labor.
d. Photographs of the building's exterior. The Applicant shall be required to
provide before and after photographs of the building before the reimbursement
grant can be awarded. For the initial application, "before" photographs will
suffice, but "after" photographs of the completed project must be submitted
before the grant may be considered for reimbursement.
i fIrMAKNIUMT10ir" MIA
3. Return the completed application form, with all applicable items, to:
Jason Weeks
Office of Economic Development
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
Weeks) Ca�la�ortetx,�ov
4. The application will undergo an approval process, which includes but is not
limited to the following:
a. Each project must meet current building standards and codes, as well as
building permit requirements.
b. The LPDC will only consider applications that have been properly and fully
completed, and which contain all information requested in the application
and/or by the committee.
c. All itemized work estimates submitted by the Applicant must be dated no
earlier than ninety (90) days prior to the Application request. Bids shall be
submitted on the contractor's or project architect's letterhead and shall
contain the contractor's name, address, and telephone number and shall
itemize the bid in a manner that allows the LPDC to determine the bid
components and authenticity of the bid.
d. Applications receiving approval by the LPDC shall commence construction
described in the application within ninety (90) days from the date that the
enhancement grant is approved. Each Applicant must complete the
construction described in the Application within one (1) year from the date that
the grant is approved. If the Applicant cannot meet this timeline, then the
Applicant may submit a written request for an extension of the commencement
date or completion date provided the extension request is made prior to the
ninety (90) day or one (1) year time limit. The LPDC shall not be obligated to
grant an extension, but it may do so for good cause determined solely by the
members of the Committee. The extensions, if granted, shall be for the term
and for the conditions determined exclusively by the LPDC. Denial of an
extension request may not be appealed.
e. As a condition of this grant Application, the Applicant consents, and shall
allow, the LPDC to request city inspections to determine that the grant, if
awarded, will not be used for construction on any building that is not in
compliance with the City Municipal Codes and Ordinances that are applicable
to the construction contemplated in the application.
i fIrMAKNIUMT10ir" MIA
f. The LPDC shall have sole discretion in awarding grants. They shall award
grants considering the amount requested, grant funds available, the guidelines
of the grant program, condition of the building in which the grant funds will be
used, economic impact, other grant requests, the type and nature of the
construction, and the proposed construction results considering the grant
program.
g. No Applicant has a proprietary right to receive grant funds. The LPDC shall
consider any application within its discretionary authority to determine what
grant amount would be in the best interest of the grant program.
h. The Applicant shall be required to furnish "before" photographs of the
building's exterior, and any other site locations that are included as part of
the application request. The applicant shall also provide "after" photographs
once the construction has been completed, as a condition of final grant
disbursement.
i. The LPDC has the final discretion with regard to funding and reserves the
right to recommend modifications or reject any project or elements of any
project.
S. Reimbursement. When the entire enhancement grant project has been completed, the
Applicant shall present the Economic Development Office with the following:
a. Copies of all paid invoices, including copies of cancelled checks and/or credit
card receipts for a single payment reimbursement of the approved funding, and
b. Photographs of all completed work.
6. When the project has been reviewed and approved by the LPDC, a reimbursement
check will be issued.
i fIrMAKNIUMT10ir" MIA
La Porte Enhancement Grant Application
Please print clearly. Please submit a completed application to:
Office of Economic Development
City of La Porte
604 W. Fairmont Parkway
LaPorte, TX 77571
APPLICANT INFORMATION:
APPLICATION DATE:
Applicant Name
Business Name
Physical Business Address
Business Owner (if different from applicant)
Mailing Address
Contact Phone Email Address
TYPE OF WORK (check all that apply):
❑ Facade ❑ Awnings/Signage
❑ Beautification ❑ Parking Lot Improvements
DETAILS OF PLANNED IMPROVEMENTS (attach additional pages if necessary):
Please list the name of each Contractor and/or Project Architect and the Total Amount of
each bid. Please, also, attach the original proposals and work estimates:
CONTRACTOR/PROJECT ARCHITECT
TOTAL
1.
$
2.
$
3.
$
4.
$
5.
$
BUDGET DETAIL
PROJECT EXPENDITURES
FUNDS
FUNDS APPLIED
TOTAL
Facade Rehab
$
$
$
Awnings/Signage
$
$
$
Beautification
$
$
$
Parking Lot Improvements
$
$
$
Other (list):
$
$
$
TOTAL
$
$
$
Total estimated cost of proposed project: $
Amount requested (up to 50% of total cost, $2,500 to $50,000):
Please attach color samples, model numbers (for windows, doors, etc.), photos, scaled d►zrwings, and
other illustrations of work to be completed. Please include as much detail as possible.
Your signature on this application certifies that you understand and agree with the
following statements: I have met with the LPDC and I fully understand the Enhancement
Grant procedures and details established. I intend to use these grant funds for the eligible
renovation projects, as spelled out in the application. I have not received, nor will I receive
insurance monies for this revitalization project, OR I have disclosed all pertinent insurance
information. I understand that if I am awarded an Enhancement Grant, any deviation from the
approved project may result in the partial or total withdrawal of the grant funds.
APPLICANT SIGNATURE DATE
LA PORTE DEVELOPMENT CORPORATION
LOCAL BIDDER PREFERENCE APPLICATION
Sections 271.905 and 271.9051 of the Texas Local Government Code authorize a municipality to
consider a vendor's location in the determination of a bid award if the lowest bid received is from a
business outside the municipality and contracting with a local bidder would provide the best combination
of price and other economic benefits to the municipality. The La Porte Development Corporation ("LPDC")
has determined that the allowable preference shall be applied to local vendor's bids for the purposes
of evaluation when requested in writing by local bidder and when determined to be in the best interest
of the LPDC to do so. This request form and any supporting documentation must be submitted
with quote/bid in order to be considered by the La Porte Development Corporation. Questions
should be addressed to the City Manager's Office at 281-470-5013.
Location Eligibility: Principal place of business in La Porte, Texas. Principal place of business is defined herein as a
business that is headquartered in and has an established place of business in the incorporated limits of the City of La
Porte, and from which a substantial role in the entity's performance of a commercially useful function or a substantial
part of its operations is conducted. A location utilized as a post office box, mail drop or telephone message center or
any combination thereof, with no other substantial work function, shall not be construed as a principal place of
business.
(a) If yes, identify name of business/DBA, address and business structure: sole proprietorship, partnership,
corporation or other.
Name of business/DBA
Address:
City:
u Sole Proprietorship
u Partnership
u Corporation
u Other
State: Zip:
(b) Name and city of residence of owner(s) partners/corporate officers as applicable
Name:
City: _
2. General Business Information:
(a) Year business established (La Porte location)
(b) Most recent year property valuation (if owned); real and personal property $
(c) Is business current on all property, sales tax and utility bills at the time of this application?
(d) Total number of current employees and number of La Porte -resident employees
3. Economic Development benefits resulting from award of this contract:
(a) Number of additional jobs created or retained for La Porte resident -employees
(b) Local subcontractor utilized, if applicable; name, location and contract value for each
Name:
Address:
Contract Value $
(c) Other economic development benefit deemed pertinent by applicant
The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under
penalty of perjury.
City Bid No./Quote for which the local preference is requested:
(Name of Bidder)
(Signature)
(Print Name)
THE STATE OF TEXAS §
COUNTY OF §
(Date)
Appeared before me the above -named , known to me to be the
same, and swore that the information provided in response to the foregoing questions are true
and correct to the best of his/her knowledge and belief, this day of ,
20
NOTARY PUBLIC, STATE OF TEXAS
Printed Name:
Commission Expires:
REQUEST FOR LA PORTE DEVELOPMENT CORPORATION BOARD
AGENDA ITEM
Agenda Date Requested: September 27, 2021
Requested By: Jason Weeks, Asst. City Manager
Department: Administration/CMO
Report i' Resolution 1�'°' Ordinance
Exhibits: Application, Conceptual Renderings,
Scorecard, Mixed Beverage Tax Info, and FAA's
On Mixed Beverage Tax
Appropriation
Source of Funds:
038 — EDC Fund
Account Number:
038-6030-565-9997
Amount Budgeted:
$540,200
Amount Requested:
TBD
Budgeted Item:
i; Yes ir No
SUMMARY & RECOMMENDATIONS
The City Manager's Office has received and reviewed the business plan for the
"Battleground Saloon" business that will be located at 116 S. Broadway Street, which
is next to the old Magic Mart (corner of Main Street and Broadway). The owner, Mark
Rosado, resides at 3527 Bayou Forest Dr. in La Porte. Rosado is a first-time business
owner looking to establish his bar & grill as a staple in the community. Though no
kitchen or grill will be installed at his business, the plan is for food to be sold via food
truck(s). Currently, the proposed building site is vacant; however, Mr. Rosado is
requesting a financial incentive to assist with building his new establishment.
According to his business model, he "will provide a safe and friendly gathering place by
choosing the right staff to hire and properly training them in customer service and most
importantly public safety." Also, he will be taking an initiative to prevent underage
drinking and prioritizing serving the customer.
Rosado has indicated that his family -friendly neighborhood bar and grill will sell food,
drinks, and provide retail space and live musical entertainment. The layout for the
project includes an outdoor seating area for customers and three small buildings for
another bar, stage and retail area. The retail area will include logo merchandise, such
as hats and shirts, along with toys for kids, jewelry items for women and knickknacks.
Mr. Rosado will be purchasing signs, shades, office electronics, point -of -sale
equipment, furniture and wood to build additional furniture to assist with the opening of
the Battleground Saloon. He anticipates Battleground Saloon opening in December
2021.
Staff has included within the agenda packet renderings, which indicate several patio
benches on the outside of the restaurant that could seat up to 36 people. Also, Rosado
plans on building a playground for children at a later date. The main building will be
approximately 750 square feet in size, while the other remaining "out" buildings (retail
space, storage shed, and live music stage) will be a total of another 750 square feet of
space for a total 1,500 square feet. The applicant will not have a walk-in cooler, but the
main building will be fully air conditioned.
General Cost to Start Business:
Construction of Main Building
$79,000**
Concrete work
$13,500**
Retail, Stage and Bar Buildings
$19,200**
Refrigeration Equipment
$16,000**
Furniture and other equipment
$9,500**
Other Smaller Items*
$6,000**
Total of Project Cost
$143,200
*- Miscellaneous/Not Listed
**- All amounts are estimates from owner
Job Creation Breakdown:
Number of Jobs:
Est. Annual Payroll
Year
15-16 jobs created at opening
$159,000
21'-22'
28 jobs available after 3 yrs.
$319,000
24'-25'
45 jobs available after 5 yrs.
$509,000
26'-27'
Also, Mr. Rosado has indicated that there will be 38+ construction jobs that will be
created in the construction of the building. Rosado believes this project will last for 35-
plus years.
Mr. Rosado provided a copy of his resume within the submitted documents, which
indicated he has 21 years of hospitality experience working most recently for Noah's
Ark Bar & Grill in Bacliff. Additional employers included Pipeline Grill, and several
establishments in Miami, Florida such as Klutch — South Beach, Martini Bar,
Bennigan's. He began is his hospitality career in Austin, Texas working for Light Bar.
He is a La Porte High School graduate and earned an Associate's Degree from Miami
Dade Community College. He is a Certified Home Inspector, Blood Borne Pathogens
Certified, CPR & TABC Certified. Mr. Rosado has listed that he will be using personal
savings and the sale of his home as equity to build his business.
At the time of publication of this agenda item, the applicant has received his TABC
license for the establishment and the City's permitting (including FMO) has approved
his building permit. The La Porte ZBOA approved an special exception for this project
by waiving on -site parking and the applicant will be allowed to utilize off -site parking
along the street.
Mixed Beverage Tax
A mixed beverage is any alcoholic beverage (beer, wine, ale and distilled spirits), or
part of an alcoholic beverage, that a permitee sells or serves to be consumed on the
permittee's premises. An alcoholic beverage is any beverage containing more than
of 1% of alcohol by volume. A permittee is the holder of one or more of the following
alcohol permits: mixed beverage, private club, private club exemption certificate, mixed
beverage or private club late hours, daily temporary mixed beverage or private club,
mixed beverage or private club registration permit holding a food and beverage
certificate, caterer's, distiller's and rectifier's permits. According to the applicant, Mr.
Rosado, has received his mixed beverage permit from the Texas Alcohol and Beverage
Commission. There are two mixed beverage taxes, both based on the sale, preparation
or service of alcoholic beverages and mixers. Mr. Rosado would pay the mixed
beverage gross receipts tax to the State and his customers would pay him the mixed
beverage sales tax, which would be remitted to the State. The mixed beverage gross
receipts tax is based on the total amount received from the sale, preparation or service
of mixed beverages, ice, and non-alcoholic beverages that are sold, prepared or served
to be mixed with an alcoholic beverage and consumed at the Battleground Saloon. A
customer will pay the mixed beverage sales tax on each mixed beverage Battleground
Saloon sells, prepares or serves, and ice and each non-alcoholic beverage
Battleground Saloon sells, prepares or serves that is mixed with an alcoholic beverage
and consumed on Battleground Saloon's premises. The mixed beverage gross receipts
tax rate is 6.7%, and the mixed beverage sales tax rate is 8.25%. All sales of beer, ale
or wine from Battleground Saloon are subject to both mixed beverage taxes. However,
this is different than retailer locations that sell beer, ale or wine, which their tax is strictly
subject to the sales and use tax. Staff has included two (2) documents within the
agenda packet that the Texas Comptroller of Public Accounts discusses "Mixed
Beverage Sales Tax" and " the "Mixed Beverage Taxes Frequently Asked Questions."
The City receives mixed beverage sales tax receipts issued through the Texas
Comptroller of Public Accounts from multiple permitees within La Porte. La Porte has
several dozen establishments that contribute monthly mixed beverage sales tax to the
City. On average, these establishments average gross receipts of $30,000 per month.
Staff Analysis:
Per Harris County Appraisal District, the location Mr. Rosado is building Battleground
Saloon, 116 S. Broadway has an assessed valuation as of January 1, 2021 of $84,000
for this vacant parcel. The applicant plans to sell food and alcohol, which will generate
sales and mixed beverage taxes for the City. Based on the projected project cost of
$143,200, the applicant would have investment in the business of $227,200, which
could generate approximately $1,613 in property taxes annually for the City.
Additionally, the applicant would be a water and sewer customer; therefore, the City
would receive utility fees from the applicant. As a reminder, property tax and mixed
beverage sales tax are not revenue producers for the La Porte Development
Corporation. Only sales tax on non-alcoholic items (food and drinks) would increase
the revenue sources for the LPDC. After entering data into the matrix, the applicant
would qualify for an incentive of $27,308. Again, the matrix is subjective based on my
assumptions; therefore, this amount could be adjusted slightly up or down.
Staff would recommend during the negotiations of any development agreement that
benchmarks be spread over several years to guarantee the applicant will still be in
business. Additionally, consideration may need to be given that the first benchmark not
be established until one-year after the applicant opens for business.
ACTION REQUIRED BY LPDC BOARD
Consider, discuss, and possible action on a financial incentive to Mark Rosado,
applicant for his construction of Battleground Saloon, located at 116 S.
Broadway Street in La Porte, Texas.
Approved for the La Porte Development Corporation Board meeting agenda
Corby D. Alexander, City Manager
Date
City of La Porte
rx ECONOMIC DEVELOPMENT INCENTIVES
Man
I
This application must be filed at least 60 days prior to the date the City Council considers
the request. Requests for incentives must be approved by the City Council prior to the
beginning of construction or installation of equipment. Thais application wrilll become part
of the agreement between the applicant and the City of La Porte. Any knowilngly false
representations will be grounds for voiding the agreement. This original application must
be submitted to the Economic Development Coordinator, City of La Porte 604 W.
Fairmont Parkway, La Porte, Texas'77571.,
I. APPLICANT INFORMATION
1 Date of Application: OKI
2'. Company Name: IL& A/l/e veg �4, /0
3, Current Number of Employees-
4. Address:
L a 1"oel, e "Ey L/
Al
5. Annual Sales: �n,Ve�I%
6. Type of Ownership: Corporation Partnership
ProprietorsHp
7. Names(s) of principal own�er(s), partner(s) or director of the company:
e> J, ek W &
8. Corporate Headquarters' address: d Dc), (.66 r e S4- 0-
L a le"O r'IC 7X-
9. Corporate Telephone: 00
I
10. Other locations and/or places of business owned and operated by the
appIlicant.For each location, please provide the city, state, street address
and narne(s) under which business is conducted:
L �e .
11. Date Organization Foirmed:
12. Please attach most recent annual report or financial statement.
1 Type of Facility:: Manufacturing
Distribution Center
Corporate Off ice or Service Center
Research and Development Facility
Regional Entertainment Facility
Other (please specify)
PA,
3
Project Description, L"'/' New Construction
Modernization
Location address of proposed project: / S'.
.... .... . .
4. County Y- r;I
5. School District
Expansion
6. Product(s) or Service:
7. Attach map and legal description of project location showing proposed
improvements.
8. Please describe the proposed use and the specific nature and extent of the
project:
kc
rv'm'�'kN
(VtmAcAk' 'e)
cl L k On S" 04—
VPc,,-f0\vovowc) w t
C) �r-Tcg
()LA/t CA, JI'_JA
(A7
fl.VV
AD
-e
e'k
x. -e
C
V"e '!(A,
Y"-V Y
V,
2
9. Rlease list all improvements and equipment for the project:
Improvement Items, Cost
X o'o
k-'C& 'Z
'64'r%h IIIA, IrR e"? M 5 .
10. Please state all sources for financing the improvements:
11. Please state the time frame or projected date of start and completion:
12. 1 miprovements will be completed Iby , 7d4 / (4 (specify year).
k/
13. Please state the productive life of the proposed improvements:
Qltaz"-�
14. P,lease give a general) description, of business personal property (property
other than buildings, fixed machinery, inventory and supplies) that will be
purchased as a result of the project:
0
3
1. Number of persons currently emplIoyed by applicant- Zee i. (YM
Full Time, Part Time
Total Annual Payroll: $
2. Number of new jobs (full
time equivalent) to be created/retained by the
proposed improvements:
Number
Estimate Annual Payroll
Year
At Opening
$ `3 / I z 0 0 0
At 3 years d.
�,-oql 0 $
At 5 years
$— 00
)4
3. Number of new jobs to be filled by persons residing in the City of La Porte
or, Harris County:
dull 'Time
Part Time
4. Number of Peak Construction Jobs:
5. In the case of modernization, please estimate the econiomiic life of the
existing faci'lity.-
years. Added economic (life after modernization:
years.
In the case of modernization,
6. lJ ease state the assessed value of the faciility
for the tax year immediately preceding this application:
Real Property $ Business Personal Property $
7. Amount of taxable sales currently b ing generated annually in the! City of
IV,ZLa Porte (if applicable): $
8. Amount of projected taxable sales that the proposed improvements will
generate: $ 0'eof
9. In the case of application based on job retention, please descXbeq'P1ntial'/P
job, loss that would occur without, economic development incentives:
e4i,-Ix vv tiA ct, ki-e j/qr[,J
4
elf
Company Representative to be contacted:
kI
'
C31 I �U pe
0
Title .,,)
IS t 5 d-I -/- 11,561-41
Address
/S
Telephone
vlM "
Authorized Company Official:
Authorized Signaytue
Date
Printed Name
Title
143
Telephone
19
UTY A La Pow
N, 111 LT 26, RLK 37
SAM now-,
".v
. W�AYP
Q ... s lot ..... ..
T C VC 040 ARM
ots
2-
AR
COVE
VIA
A AW: o
UPS""
n . LAY
J
rswMIN LA
VON �.0 L L 1. to,
QUIT
INST VADW
T11
" 4
qf
L... ......
L L. L V. L.
10
"Man-
t
(Xilk RE
3L
x
POEM. B LL&
"
Al
voxq
-
PRW aLm.,
X ON
. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .
m
La Porte Development Corporation Project Scorecard -- PRIORITIES
Project's
Project's 10 Year
Project's
# of New
Full Time
Project's Existing
Incentive Value
% Allowed by
Regression
Estimated
Proiect Type
PRIORITY Value
Tax or PILOT
Multiplier Value
Full Time
Job Avg.
10 Year
6
7
Allowed by Tax
Tax Abatement
(Up to 10) 1
Revenue Z
(Up to 4) 3
Jobs
Value 4
Incentives 5
Analysis
Incentive Value
Abatement Policy 8
Policy
New Retail/Restaurant Dev.
A
10
$3,420,000
2
0.0
0.0
$0
342.0
$2,565,000
$355,000
50%
(Higher)
�',(, o0
Al
10
$471,000
2
16
0
$0
47.1
$353,250
$17,750
50%
Retail or Restaurant Re -Development/
B
9
$684,000
1
0
0
$0
30.8
$230,850
$71,000
50%
Blight Removal/EHG (Higher)
l,)) ll.:uelkroe Giriillll
B1
9
$846,628
2
100
0
$0
76.2
$571,474
$11,657
50%
Ha c[l Heir',,,; 1°i1 irr:,lrn aire
B2
9
$210,500
2
8
0
$0
18.9
$142,088
$17,750
50%
Quality Waterfront Development
c
8
$1,532,500
2
0
0
$0
122.6
$919,500
$133,125
50%
Main Street Improvements
D
7
$648,500
3
0
0
$0
68.1
$510,694
$62,125
50%
nk 30ding I1modi
D1
7
$35,500
3
8
0.1
$0
3
$22,365
$8,875
50%
lIVIIicii". ,,I. 3ireiris �r i� "
D2
7
$105,500
2
12
0.1
$0
9
$66,465
$8,875
50%
Battleground Saloon
D3
5
$64,730
2
15
0.075
$0
4
$27,308
$8,875
50%
New Retail/Restaurant Dev.
E
6
$826,000
1
0
0
$0
24.8
$185,850
$106,500
50%
(Lower)
Retail or Restaurant Re -Development/
F
6
$121,000
1
0
0
$0
3.6
$27,225
$3,550
50%
Blight Removal/EHG (Lower)
1"0iro
F1
6
$542,000
2
12
0
$0
32.5
$243,900
$35,500
50%
Industry NEW Development
G
5
$11,182,500
4
24
0.125
$4,579,500
396
$2,971,350
$2,662,500
10%
(Higher) - ll��Rl"tt.�i"� i.�uuutt i�4"��� .���2"0�tt'� l��'Viillllii�:�rir�u
ll,J 05), ittuoott 2 $ tt',)ap VV
G1
5
$22,365,000
4
60
0.125
$9,159,000
1981
$14,856,750
$2,662,500
10%
l°Iirojject ,(,egire,,i!latt.e
G2
5
$1,136,000
3
40
0.125
$0
85
$639,000
$56,800
10%
AC11-mr�o (�'Jevv�Uncfjmstiry) G3 G $426,000 3 73 0.13 $0 Gl $454,808 $21,300
10%
NEW Q - Unteir&mH Corporaflon H 4 $142,000 4 30 0.15 $0 10 $76,680 $7,100
10%
NEW Office/Regional - �[chmrcfj Grmmp | 4 $10,650 4 75 0.15 $D 2 $14,378 $1,775
1096
|ndustrV-NEVVQeve|opmnent
J 3 �GG�,DDD 4 �G D'l �D �4 �l��,g�D �28,4DD
lD96
(Lower) - Sector13 (��r[g[nm|) - - - -
5)'ector2 3 ( 11 ateot) 3 $1,278,000 4 72 0.1 $Q llQ $828,144 $28,400
1096
Industry -RETENT|ON�E�P����|K��
' K 3 �4�G,DDD � �� D'l� �D �G ����,��� �2l,3DD
lD96
- - - -
(Higher)
Industry -RETENTION/EXPANSION
L 2 ��lD��DD � lG D���G �D G ������� �35iGDD
lD96
- � - -
(Lower)
Airport Re -Development N1 l $177,500 2 30 D'l $D l $7,988 $8,875
1096
Notes:
1. Staff assigned prioritized values, from a maximum of 10 to a minimum of 1, based upon his understanding of the City Council and 4B Board's values for various types of projects.
2. The values in this column include revenues from property taxes, business personal proeprty taxes, and sales taxes.
3. Staff assigned a value, from a maximum of 4 to a minimum of 1, for each project. A value of 4 means that the project will have a significant multiplier effect to bring new money and/or people into our local economy. Ava|ue
of 1 means that the project will have little or no multiplier effect to bring new money and/or people into our local economy.
4. Staffassi0nedava|ue,fromamaximumofQ.lGtoaminimumofQ.Q7G,foreachtypeof"primaryjob''associatedvvitheachprojecttype. A value of 0.15 was assigned to higher paying, white collar, engineering, engineering
design, orexecutive positions. A value of 0.125 was assigned to highly skilled positions for a process technician and/or advanced manufacturer. Avalue ofQ.lQ was assigned toskilled positions. Avalue ofQ.Q7Gwas assigned
to unskilled positions.
S. Data in this column identifies all other local incentives, like PILOT abatements under an existing IDA or scheduled TIRZ reimbursements, that any project may be entitled to receive.
6. The formulas inthis column represent staff's best estimate using regression analysis to tie together all the columns of data. Important assumptions oftheformulas are asfollows:
x Retail projects are five times /Sx\ more attractive to the community than industrial projects. For reference, please see page #6 of La Porte'senclosed Tax Abatement Policy.
x Each "project type" is not equal toevery other project type. Therefore, each projecttype's priority value is included in the formula.
x Theva|ueofincentivesthataprojectisa|readyschedu|edtoreceive,andisshovvninthe"Project'sExistin01OYear|ncentives'',mustbedeductedfromthetota|tax/P|LOTrevenue that the project is expected to
generate, which isshown in"Project's1OYear Tax orPILOT Revenue"
x Eachproject'sva|uetocreatea"mu|tip|iereffect''onour|oca|economyshou|dbeinc|uded. See the values listed under "Project'sMu|tip|ierVa|ue(Up to4\"above.
x Each value in the column for "Regression Ana|ysis" is divided by 1 million to make the values under "Regression Ana|ysis" smaller, more manageable, and easierto compare.
The two /2\ basic formulas used in "Regression Ana|ysis''are as follows:
/a\ For all "Project's PRIORITY Value (Up to 10)" x 5 times "Project's 10 Year Tax or PILOT Revenue" —"Project's Existing 10 Year Incentives" times "Project's
Multiplier Value (Up to4)" divided by l million.
(b) For all Industry and Office Promects, "Prmject'sPRIORITY Value (Up to2D)"ul times "Project's 10 Year Tax or PILOT Revenue" — "Project's Existing 10 Year Incentives" times "Project's Multiplier Value (Up to 4)" divided
by million.
7. The values in this column are simply the value from the column called "Regression Analysis" times $7,500.
8. Data in this column shows the value of incentive recommended for each project type, according to the La Porte's current Tax Abatement Policy.
Projects identified in dark green text represent projects that have either already been awarded an incentive grant, or staff has good estimates for the projects. All other projects are completely "hypothetical".
A. Hypothetical - $20 million retail/restaurant/mixed use development project with $10 million in annual retail sales.
Al. Palais Royal - $1 million property value with $2 million in annual retail sales.
B. Hypothetical - $4 million project with $2 million in annual retail sales.
131. Pipeline Grill - $1.2 million in commercial property with $4 million in annual retail sales.
132. Fischer's Hardware - $1.5 million in commercial property with $520,000 in additional, annual retail sales.
C. Hypothetical - $7.5 million with $5 million in annual retail sales.
D. Hypothetical - $3.5 million with $2 million in annual retail sales.
D1. Micro -Brewery (Lease) - $500,000 in commercial property value, $350,000 in annual retail sales, 12 full time employees, and rent of $48,000/year for five years.
D2. Micro -Brewery (Purchase) - $500,000 in commercial property value, $350,000 in annual retail sales, and 12 full time employees
E. Rob Johnson/Dollar Tree - $6 million project with $2 million in annual retail sales.
F. Hypothetical - $1 million project with $250,000 in annual retail sales.
F1. El Toro - $2 million in new commercial property, plus $2 million in additional, annual retail sales.
G. INEOS USA, LLC - Unit #1, $250 million investment, 84 highly skilled, full time jobs, 20% IDA for years #1-6, 63% IDA for years #7-10.
G1. INEOS USA, LLC - Unit #2, $500 million investment, highly skilled, full time jobs, 20% IDA for years #1-6, 63% IDA for years #7-10
G2. Project Regulate - $16 million investment, with at least 40 (to 60 within 5 years) highly skilled, advanced manufacturing, full time jobs. (Note: Project would be in the TIRZ).
G3. ACT Turbo (New Industry) - $6 million investment with 73 new, highly skilled, advanced manufacturing, full time jobs.
H. InterGulf Corporation - $2 million investment with 30 white collar, higher paying, full time jobs.
I. Richard Industrial Group - $500,000 investment with 75 white collar, higher paying, full time jobs. (Note: the 10 year PILOT is based on 3 years, equal to the term of the lease, rather than the usual 10 year timeframe.)
J. Sector 23 (Original) - $8 million investment and 35 full time, skilled jobs assuming 15 buildings, 3 employees per building, and minus 10 employees per the development agreement.
11. Sector 23 (Latest) - $18million investment and est. 72 full time, skilled jobs assuming 18 buildings, 4 employees per building.
K. ACT Turbo (Expansion) - $6 million investment with 73 new, highly skilled, advanced manufacturing, full time jobs.
L. Hypothetical - Warehouse/Distribution, $10 million investment, 15 unskilled, full time jobs.
M. Hypothetical - Airport expansion, $2.5 million city participation/investment with 30 skilled, full time jobs.
Glenn Hegar
Texas Comptroller of Public Accounts
0 Taxes
Mixed Beverage Sales Tax
Announcement
In response to financial hardship in the hospitality industry due to the pandemic, Governor Greg Abbott
issued a waiverExternal Link on March 18, 2020, that allows restaurants with a mixed beverage permit
to sell alcoholic beverages, including beer, wine and mixed drink "kits," at the curb or for delivery if
they are accompanied by food purchased from the restaurant.
The governor also waived External Link additional laws on June 27, 2020 to allow restaurants to make
curbside and delivery sales of sealed, mixed alcoholic beverages.
Generally, restaurants with a mixed beverage permit report alcohol sales on their mixed beverage sales
tax and mixed beverage gross receipts tax returns, as available on our Mixed Beverage Tax Forms
[comptroller.texas.gov/taxes/mixed-beverage/forms/] page or through our Webfile systemExternal Link. This
continues for alcohol prepared and consumed on premises. Curbside and delivery sales of alcohol that
are not consumed on the premises, however, are not subject to the mixed beverage tax. These sales
are subject to limited sales and use tax and must be reported on the restaurant's Limited Sales and Use
Tax Return.
Please keep in mind that taxes paid by consumers to restaurants in limited operation are held in trust
and must be remitted in full on the applicable due date. For more information about filing and paying
your taxes, visit our Texas Taxes [comptroller.texas.gov/taxes/] webpages.
Who is responsible for this tax?
Mixed beverage permittees in Texas, as defined in Tax Code 183.001(b)External Link, must collect
and remit a mixed beverage sales tax on each mixed beverage (distilled spirits, beer, ale and wine)
they sell, prepare or serve. Mixed beverage sales tax is also due on each nonalcoholic beverage and
on ice sold, prepared or served to be mixed with an alcoholic beverage and consumed on the
premises of the mixed beverage permittee. The mixed beverage sales tax is in addition to mixed
beverage gross receipts tax [comptroller.texas.gov/taxes/mixed-beverage/receipts.php] imposed on the mixed
beverage permittee.
Unlike mixed beverage gross receipts tax, a mixed beverage permittee can pass the mixed beverage
sales tax on to the customer by:
• adding a line item for the mixed beverage sales tax on the bill provided to the customer; or
• including mixed beverage sales tax in the sales price. A permittee's records must show that the
sales price of alcohol includes mixed beverage sales tax.
Before calculating gross receipts for mixed beverage gross receipt tax, the mixed beverage sales tax
must be deducted from the amount received.
A mixed beverage permittee may state on invoices, receipts or bills one of the following:
that mixed beverage sales tax is included in the sales price (open this section to see a receipt
example)
EXAMPLE 1
Item
Amount
Dbl Cheeseburger
5.25
Fr Fries
3.00
Margarita frz (2)
7.00
TOTAL
15.25
Sales and MB Sales taxes are included in sales price.
the amount of mixed beverage sales tax imposed on that sale (open this section to see a
receipt example)
EXAMPLE 2
Item
Amount
Dbl Cheeseburger
4.75
Fr Fries
2.75
Draft Beer (2)
7.00
Subtotal
14.50
Sales Tax
0.62
MB Sales Tax
0.58
TOTAL
15.70
the combined amount of mixed beverage taxes on that sale (open this section to see a receipt
example)
EXAMPLE 3
Item
Amount
Dbl Cheeseburger
4.75
Fr Fries
2.75
Mexican Martini (2)
7.00
Subtotal
14.50
Sales Tax
0.62
MB Sales Tax
0.58
TOTAL
15.70
Included in bill: Customer pays $0.58 on this sale of alcohol. Not included in bill: [Business Name] pays
6.7% tax ($0.47) on this sale of alcohol. Total amount paid to state on alcohol $1.05.
the combined amount of sales and mixed beverage sales taxes imposed on all items listed on
that invoice (open this section to see a receipt example)
EXAMPLE 4
Item
Amount
Dbl Cheeseburger
4.75
Fr Fries
2.75
Mexican Martini (2)
7.00
Subtotal
14.50
Sales and MB Sales Tax
1.20
TOTAL
15.70
Provisions in Rule 3.1001 External Link relating to mixed beverage gross receipts tax also apply to
mixed beverage sales tax except for the mixed beverage gross receipts tax itself. For instance,
information on record keeping, documentation and taxability for mixed beverage gross receipts tax
also applies to mixed beverage sales tax.
The Alcoholic Beverage Code authorizes the Texas Alcoholic Beverage Commission to regulate
alcoholic beverages, including issuing alcoholic beverage permits and collecting alcohol excise taxes.
Rates
8.25 percent (.0825) on sales of mixed beverages.
Due Date
20th day of the month following the end of the reporting period.
Penalties and Interest
Penalties
• A $50 penalty is assessed on each report filed after the due date.
• If tax is paid 1-30 days after the due date, a 5 percent penalty is assessed.
• If tax is paid over 30 days after the due date, a 10 percent penalty is assessed.
Interest
• Past due taxes are charged interest beginning 61 days after the due date.
• To calculate interest on past due taxes, visit Interest Owed and Earned [comptroller.texas.gov/taxes/file-
pay/interest.php].
Reporting and Payment Requirements
Select the amount of taxes you paid in the preceding state fiscal year (Sept. 1 — Aug. 31) to find the
reporting and payment methods to use.
Less than $10,000
Select one of these reporting methods:
• WebfileExternal Link
• Tax Forms [comptroller.texas.gov/taxes/mixed-beverage/forms/]
Select one of these payment methods:
• Web Electronic Funds Transfer (EFT) or credit card via WebfileExternal Link (American Express,
Discover, Mastercard and Visa)
• TEXNETExternal Link
• Check
$10,000 - $49,999
Select one of these reporting methods:
• WebfileExternal Link
• Tax Forms [comptroller.texas.gov/taxes/mixed-beverage/forms/]
Select one of these payment methods:
• Web Electronic Funds Transfer (EFT) or credit card via WebfileExternal Link (American Express,
Discover, Mastercard and Visa)
• TEXNETExternal Link
$50,000 - $499,999
WebfileExternal Link is the only acceptable reporting method.
Select one of these payment methods:
• Web Electronic Funds Transfer (EFT) or credit card via WebfileExternal Link (American Express,
Discover, Mastercard and Visa)
• TEXNETExternal Link
$500,000 or more
WebfileExternal Link is the only acceptable reporting method.
TEXNETExternal Link is the only acceptable payment method.
Additional Resources
• Refunds [comptroller.texas.gov/taxes/mixed-beverage/refunds-sales.php]
• Security Requirements for Texas Mixed Beverage Taxes [comptroller.texas.gov/taxes/mixed-
beverage/security-bonds.php]
• Texas Alcoholic Beverage Commission External Link
• Mixed Beverage Tax Receipts [comptroller.texas.gov/transparency/open-data/search-datasets/]
• Local Mixed Beverage Tax Allocation Historical SummaryExternal Link
• Local Mixed Beverage Tax Allocation Comparison Summary
[com ptrol ler.texas.gov/transparency/local/al locations/m ixed-beverage/]
• Local Mixed Beverage Tax Allocation Payment Distribution Schedule
[comptroller.texas.gov/transparency/local/allocations/mixed-beverage/distribution-schedule.php]
COMPTROLLER.TE AS-G Glenn Hegar
Texas Comptroller of Public Accounts
0 Taxes
Mixed Beverage Taxes Frequently Asked Questions
Overview of Mixed Beverage Taxes
What is a mixed beverage?
A mixed beverageExternal Link is any alcoholic beverage (beer, wine, ale and distilled spirits), or part of
an alcoholic beverage, that a permittee sells or serves to be consumed on the permittee's premises. An
alcoholic beverage is any beverage containing more than 1/2 of 1 percent of alcohol by volume.
What is a permittee?
A permitteeExternal Link is the holder of one or more of the following permits:
• mixed beverage permit;
• private club registration permit;
• private club exemption certificate permit;
• mixed beverage or private club late hours permit;
• daily temporary mixed beverage or private club permit;
• mixed beverage or private club registration permit holding a food and beverage certificate;
• caterer's permit; or
• distiller's and rectifier's permit
The Texas Alcoholic Beverage Commission (TABC) issues these permits, and permit holders are
subject to mixed beverage taxes (see Obtaining an Alcohol Permit section below).
What are mixed beverage taxes?
There are two mixed beverage taxes, both based on the sale, preparation or service of alcoholic
beverages and mixers. The permittee (seller) pays the mixed beverage gross receipts tax to the state
[comptroller.texas.gov/taxes/mixed-beverage/receipts.php], and the customer pays the seller the mixed beverage
sales tax [comptroller.texas.gov/taxes/mixed-beverage/sales.php], which is then remitted to the state.
What is taxable for mixed beverage gross receipts tax?
A permittee pays the mixed beverage gross receipts tax based on the total amount received from:
• the sale, preparation or service of mixed beverages, and
• ice and nonalcoholic beverages that are sold, prepared or served to be mixed with an alcoholic
beverage and consumed on the permittee's premises.
What is taxable for mixed beverage sales tax?
A customer pays the mixed beverage sales tax on:
• each mixed beverage a permittee sells, prepares or serves, and
• ice and each nonalcoholic beverage a permittee sells, prepares or serves that is mixed with an
alcoholic beverage and consumes on the permittee's premises.
What are the tax rates?
The mixed beverage gross receipts tax rate is 6.7 percent, and the mixed beverage sales tax rate is
8.25 percent. The two tax rates became effective on Jan. 1, 2014.
For reporting periods before January 2014, the mixed beverage gross receipts tax rate was 14
percent. Mixed beverage sales tax did not exist before Jan. 1, 2014.
Does the type of TABC permit or license I hold determine whether my sales of beer, wine and
ale are subject to sales tax or mixed beverage taxes?
Yes. For example, a mixed beverage permittee's sales of beer, ale or wine are subject to both mixed
beverage taxes. But sales of beer, ale or wine by a wine and beer retailer's permittee, which is not listed
in the definition of a permittee, are subject to sales and use tax.
I have a caterer's permit. Do I charge mixed beverage sales tax on sales of beer and wine?
Yes. A caterer's permit is one of the permits subject to mixed beverage taxes, so your sales of beer and
wine are subject to both mixed beverage gross receipts tax and mixed beverage sales tax.
Our restaurant has a wine and beer retailer's permit. Do I charge mixed beverage sales tax on
sales of wine, beer and ale?
No. A wine and beer retailer's permit is not one of the permits subject to mixed beverage taxes. Your
sales are subject to sales and use tax.
Our restaurant has a wine and beer retailer's permit. We were hired to cater a family reunion
picnic and got a temporary wine and beer retailer's permit. Do we still collect sales tax on beer
and wine sales?
Yes. The primary permit you have — the wine and beer retailer's permit — is not a permit subject to
mixed beverage taxes.
Our restaurant has a mixed beverage permit and got a temporary wine and beer retailer's
permit to cater a wedding at a private ranch. Do I collect sales tax on the beer and wine we
serve?
No. The primary permit the restaurant holds is a mixed beverage permit, which is one of the permits
subject to mixed beverage taxes. This is true even when the restaurant has a subordinate temporary
wine and beer retailer's permit to serve only beer and wine.
We are a VFW post with a private club exemption certificate and have a retail dealer's on -
premises license to sell beer to nonmembers in our community hall. Do we charge mixed
beverage sales tax on sales of beer in the community hall?
No, beer sales made under the VFW's retail dealer's on -premises license at the community hall are
subject to sales tax.
On the other hand, beer sales made on the premises of the VFW's private club are subject to mixed
beverage taxes.
For audit purposes, a permittee must maintain records that distinguish between purchases of beer for
the retail dealer's on -premises license and the private club exemption certificate. The Texas Alcoholic
Beverage Commission (TABC)External Link regulates whether or not a separate inventory of beer is
required.
Are bartender or server fees subject to mixed beverage taxes?
Yes, when a mixed beverage or private club permittee provides bartenders and/or wait staff who
prepare or serve alcoholic beverages (even when the customer provides the alcohol), the related fees
are taxed.
These fees are subject to both mixed beverage gross receipts tax and mixed beverage sales tax.
If I sell a nonalcoholic beverage (such as coffee) to someone, are mixed beverage taxes due on
that sale?
No, the sale of just a nonalcoholic beverage is not subject to mixed beverage taxes, but may be subject
to sales tax. Sales tax is due on sales of soft drinks, energy drinks and most mixers, but not on fruit or
vegetable juice.
But a nonalcoholic beverage that is sold or served to be mixed with alcohol and consumed at the
establishment is subject to mixed beverage taxes.
We are a brewpub and sell beer and ale that we brew at our pub. We also have a mixed
beverage permit so we can sell liquor. Are the sales of our beer and ale subject to sales tax?
Are the sales of liquor subject to the mixed beverage taxes?
Because you have a mixed beverage permit, mixed beverage taxes apply when you sell, prepare or
serve any alcoholic beverage for on -premises consumption.
You also have a brewpub IicenseExternal Link, which allows you to sell beer and ale produced at the
brewpub for both on -premises and off -premises consumption. Mixed beverage taxes do not apply to
sales of alcoholic beverages for off -premises consumption. Sales tax is due on sales of beer and ale for
off -premises consumption.
We are thinking of charging a tasting fee at our vodka distillery. The fee also includes 10
percent off any commemorative bottle of vodka purchased to take home. Is tax due on the
tasting fee and the commemorative bottle? And, if so, what kind of tax?
Mixed beverage taxes are due on the tasting fee and sales tax is due on the discounted sales price of
the commemorative bottle of vodka.
A distillery is required to have a distiller's and rectifier's permitExternal Link, which is one of the permits
listed in the definition of a permittee for mixed beverage taxes. Because the tasting fee is a charge to
consume distilled spirits at the distillery, mixed beverage gross receipts tax and mixed beverage sales
tax are due on the tasting fee.
Commemorative bottlesExternal Link can only be sold for off -premises consumption. Since mixed
beverage taxes do not apply to sales of alcoholic beverages for off -premises consumption, sales tax is
due on the sales of commemorative bottles of vodka.
Obtaining an Alcohol Permit
How do I apply for a mixed beverage permit?
• Print and complete the Texas Alcoholic Beverage Commission (TABC)External Link On -Premises
Prequalification Packet.
• You will need a Texas Sales and Use Tax Permit to pay sales or use tax on taxable items that you
purchased tax free and then used in a taxable manner. Take the packet to a Comptroller's field
office [comptroller.texas.gov/about/contact/locations.php] to be certified for sales and use tax.
o EXAMPLE: A permittee owes sales or use tax on the cost of taxable ingredients in a
complimentary beverage, and on any napkins and straws served with the complimentary
beverage. You will owe use tax on items (such as glasses, corkscrews, receipts or registers)
purchased from a vendor that did not charge Texas tax.
Both TABC and the Comptroller's office require security bonds [comptroller.texas.gov/taxes/mixed-
beverage/security-bonds.php]. The Comptroller's office collects one security bond for mixed beverage
gross receipts tax and one for mixed beverage sales tax to ensure against defaults on
payments of the mixed beverage taxes:
o For those permitted before Jan. 1, 2014, and who had a good payment history, we waived
the mixed beverage sales tax bond.
o For those with permits issued on or after Jan. 1, 2014, the minimum bond amounts are:
■ Mixed Beverage Permit — $3,750 each for the mixed beverage gross receipts tax
bond and the mixed beverage sales tax bond;
■ Private Club Registration Permit — $2,250 each for the mixed beverage gross
receipts tax bond and the mixed beverage sales tax bond; and
■ Private Club Exemption Certificate — $1,500 each for the mixed beverage gross
receipts tax bond and the mixed beverage sales tax bond.
Filing and Paying
NOTE: Both the mixed beverage sales tax and the mixed beverage gross receipts tax can be filed and
paid using WebfileExternal Link: our convenient, online filing system.
Do I include my mixed beverage sales tax on my sales tax report?
No, you will file a separate mixed beverage sales tax report.
Do I file the mixed beverage gross receipts tax and mixed beverage sales tax on the same
report?
No. These are separate taxes with separate forms:
• Form 67-100, Texas Mixed Beverage Gross Receipts Tax Report [comptroller.texas.gov/forms/67-
100.pdf], and Form 67-101, Texas Mixed Beverage Gross Receipts Tax Report — Business Location
Supplement [comptroller.texas.gov/forms/67-101.pdf]
• Form 67-103, Texas Mixed Beverage Sales Tax Report [comptroller.texas.gov/forms/67-103.pdf], and
Form 67-104, Texas Mixed Beverage Sales Tax Report — Location Supplement
[comptroller.texas.gov/forms/67-104.pdfl
Additional Texas mixed beverage tax forms [comptroller.texas.gov/taxes/mixed-beverage/forms/] are on our
website.
How often do I file my mixed beverage tax reports?
Mixed beverage gross receipts tax reports are filed monthly.
Mixed beverage sales tax reports are also filed monthly.
Reports for mixed beverage taxes are due on or before the 20th day of the month following each
reporting period, even if there are no mixed beverage sales to report. If the due date falls on a Saturday,
Sunday or legal holiday, the next business day will be the due date.
Are there local mixed beverage taxes like there are for sales tax?
No, but each fiscal quarter counties and cities receive a rebateExternal Link of at least 10.7143 percent
of the mixed beverage gross receipts tax and mixed beverage sales tax revenue received from
establishments within that county or city.
For additional information on local allocation of mixed beverage taxes, see the mixed beverage taxes
Allocation Historical SummaryExternal Link, Allocation Comparison Summary
[comptroller.texas.gov/transparency/local/allocations/mixed-beverage/] and Allocation Payment Distribution
Schedule [comptroller.texas.gov/transparency/local/allocations/mixed-beverage/distribution-schedule.php].
Are there timely filing and prepayment discounts for mixed beverage taxes like there are for
sales tax?
No. The law does not provide timely filing or prepayment discounts for mixed beverage gross receipts
tax, and the law excludes timely filing and prepayment discounts for mixed beverage sales tax.
If I cannot file my report on time, can I request an extension?
Yes, you can request an extension and may receive up to 45 days to file tax reports. You must send a
written request by the filing date with the reason the extension is needed, and pay at least 90 percent of
the tax you estimate to be due. Extension requests are granted on a case -by -case basis.
If your business is affected by a declared disaster [comptroller.texas.gov/taxes/fags/disaster.php], you may,
upon request, have 90 days to file your tax reports. You must request the extension before the 90-day
extension period expires.
What if I file a late tax report or make a late tax payment?
If a tax report or tax payment is made late, the permittee is liable for penalty and interest on the tax due:
• if 1-30 days late, a penalty of 5 percent (0.05)
• if more than 30 days late, a penalty of 10 percent (0.10)
• on the 61 st day after the due date, interest [comptroller.texas.gov/taxes/file-pay/interest.php] begins to
accrue
The law also imposes a $50 late filing penalty on every report filed late, even if the report was
eventually filed or if no tax was due for the period covered by the late report.
What if I don't file a report?
We will estimate your tax due and issue a Notice of Tax/Fee Due. If you do not file the report or pay the
tax within 20 days, we will assess an additional 10 percent penalty on the tax owed.
Tax -Included Sales
Should mixed beverage taxes be added to the sales price of alcoholic beverages or should
they be included in the sales price of alcoholic beverages?
For mixed beverage sales tax, you can collect the 8.25 percent tax from the customer by either adding
the tax to the price of the alcoholic beverage or by includingExternal Link mixed beverage sales tax in
the sales price of the alcoholic beverage. However, you must choose one method and cannot alternate
between the two methods.
The 6.7 percent mixed beverage gross receipts tax cannot be added to or deducted fromExternal
Link the sales price of alcoholic beverages. Before you calculate your mixed beverage gross receipts
tax, do not include mixed beverage sales tax in the amount you received.
How do I report mixed beverage sales tax if I add it to the sales price of alcoholic beverages?
EXAMPLE: A permittee had $1,000 in taxable mixed beverage sales and/or services during a reporting
period and added mixed beverage sales tax to the sales price of alcoholic beverages.
For mixed beverage sales tax:
• Report $1,000 in total mixed beverage taxable sales (Item 6 on Form 67-103, Texas Mixed
Beverage Sales Tax Report [comptroller.texas.gov/forms/67-103.pdq).
• Multiply $1,000 by the 8.25 percent (0.0825) mixed beverage sales tax rate: $1,000. 8.25 percent
= $82.50.
• Report $82.50 as the total mixed beverage sales tax due (Item 8 on Form 67-103).
For mixed beverage gross receipts tax:*
• Report $1,000 as the total gross taxable amount (Item 11 on Form 67-100, Texas Mixed Beverage
Gross Receipts Tax Report [comptroller.texas.gov/forms/67-100.pdf]).
• Multiply $1,000 by the 6.7 percent (0.067) mixed beverage gross receipts tax rate: $1,000 - 6.7
percent = $67.
• Report $67 as the total amount due for mixed beverage gross receipts tax (Item 12 on Form
67-100).
How do I report if I include mixed beverage sales tax in the sales price of alcoholic beverages?
EXAMPLE. A permittee had $1,000 in taxable mixed beverage sales and/or services during a reporting
period and included mixed beverage sales tax in the sales price of alcoholic beverages.
For mixed beverage sales tax, the permittee would:
• Back out the 8.25 percent (0.0825) mixed beverage sales tax by dividing $1,000 by 1.0825:
$1,000 = 1.0825 = $924 (rounded up).
• Report $924 in Total Mixed Beverage Taxable Sales (Item 6 on Form 67-103, Texas Mixed
Beverage Sales Tax Report [comptroller.texas.gov/forms/67-103.pdf]).
• Multiply $924 by the 8.25 percent (0.0825) mixed beverage sales tax rate: $924 - 8.25 percent =
$76.23.
• Report $76.23 as the total mixed beverage sales tax due (Item 8 on Form 67-103).
For mixed beverage gross receipts tax:*
• The permittee subtracts the $76.23 in mixed beverage sales tax from the $1,000 in mixed
beverage sales: $1,000 - $76.23 = $924 (rounded up).
• Report $924 as the total gross taxable amount (Item 11 on Form 67-100, Texas Mixed Beverage
Gross Receipts Tax Report [comptroller.texas.gov/forms/67-100.pdf]).
• Multiply $924 by the 6.7 percent (0.067) mixed beverage gross receipts tax rate: $924 -6.7
percent = $61.91.
• Report $61.91 as the total amount due for mixed beverage gross receipts tax (Item 12 on Form
Form 67-100).
*For mixed beverage gross receipts tax, the gross sales of liquor, beer and wine are reported
separately for each location.
Are there examples of what can be on a receipt?
Yes, for both mixed beverage sales tax [comptroller.texas.gov/taxes/mixed-beverage/sales.php] and mixed
beverage gross receipts tax [comptroller.texas.gov/taxes/mixed-beverage/receipts.php].
Gratuities
Are mixed beverage taxes due on a mandatory gratuity charge of 20 percent?
A mandatory gratuity charge is not taxable if the charge is:
• a "reasonable mandatory gratuity charge," meaning the charge does not exceed 20 percent of the
sales price of alcoholic beverages;
• separately identified as a tip, gratuity, service charge or by other reasonable means; and
• disbursed to qualified employees.
"Qualified employees" are the employees who customarily and regularly provide the service upon which
a gratuity is based. These include, but are not limited to, servers, busboys, service bartenders, wine
stewards and maitres d'hotel.
Not included are janitorial help, chefs, cashiers, dishwashers or owners. Any portion of a reasonable
mandatory gratuity charge that is disbursed to nonqualified employees, or retained by the owner, is
taxable.
The policy on gratuities for mixed beverage taxes is the same as the policy for sales and use tax.
How do I calculate mixed beverage gross receipts tax and mixed beverage sales tax when 6
percent of an 18 percent gratuity is disbursed to nonqualified employees on the following
receipt?
Item
Amount
Food
135.91
Alcohol
32.00
Gratuity
30.22
Subtotal
198.13
To calculate the amount of sales tax and mixed beverage sales tax to charge on the above example
(assuming one-third of the gratuity, or 6 percent, is disbursed to nonqualified employees):
1. Determine the amount of the $30.22 gratuity charge that is attributable to food:
$135.91 • 18 percent = $24.46
Determine the amount of the $24.46 gratuity charge that is attributable to food but not disbursed to
qualified employees to determine the taxable gratuity charge attributable to food:
$24.46 -6 percent = $1.47
Add the $1.47 taxable gratuity charge attributable to food to the food charge, and then multiply by the
sales tax rate:
$135.91 + $1.47 = $137.38 • 8.25 percent = $11.33
Report $11.33 on your next sales and use tax report.
2. Determine the amount of the $30.22 gratuity charge that is attributable to alcohol:
$32.00 • 18 percent = $5.76
Determine the amount of the $5.76 gratuity charge that is attributable to alcohol but not disbursed to
qualified employees to determine the taxable gratuity charge attributable to alcohol:
$5.76 • 6 percent = $0.35
Add the $0.35 taxable gratuity charge attributable to alcohol to the alcohol charge, and then multiply by
the mixed beverage sales tax 8.25 percent = $2.67
Report $2.67 on your next mixed beverage sales tax report.
To report the $0.35 taxable gratuity on the mixed beverage gross receipts tax report, allocate the
charge to the beverages, based on the percentage of the type of alcoholic beverages served, or include
with cover charges. Document whichever method is used on the daily summary.
Here's how the receipt would appear with the sales tax and mixed beverage sales tax separately
identified:
Item
Amount
Food
135.91
Alcohol
32.00
Gratuity
30.22
Subtotal
198.13
Sales tax
11.33
MB sales tax
2.67
Total
212.81
For a mandatory gratuity charge of more than 20 percent, are mixed beverage taxes due on
only the amount that exceeds 20 percent?
No, for a mandatory gratuity charge that is more than 20 percent, the entire gratuity charge is taxable
no matter how it is disbursed.
Exemptions
Are there exemptions for the mixed beverage gross receipts tax?
No.
Are there exemptions on the mixed beverage sales tax?
Yes. Because the mixed beverage sales taxExternal Link is administered, collected and enforced the
same way as sales and use tax, the same exemptions apply.
Government entities
A government entity that qualifies under Texas Tax Code Section (TTC) 151.309External Link is exempt
From paying tax on the purchase of any item otherwise taxable under TTC Chapter 151.
A government entity can claim exemption from paying mixed beverage sales tax on the purchase of
mixed beverages otherwise taxable under TTC Chapter 183.
These government entities include:
• the U.S. federal government and its agencies and departments (including branches of the
military); and
• Texas state and local government agencies, cities, counties, public schools, school districts and
state institutions of higher education.
This exemption does not apply to personal purchases an agency employee makes, even if the
employee is traveling on official business and the employee will be reimbursed.
Foreign diplomatic and consular personnel: Foreign diplomatic and consular personnel, who present
a Personal or Mission Tax Exemption Card issued by the U.S. Department of State, are exempt from
paying mixed beverage sales tax, unless the exemption card specifically excludes purchasing
alcoholic beverages. Diplomatic tax exemption cards may have different levels of tax exemption that are
described on each card.
The Office of Foreign MissionsExternal Link administers the foreign diplomatic program, including how
vendors can verify tax exemption cards.
Sales tax Rule 3.3220)External Link has additional information on diplomatic tax exemptions, including
procedures for retailers.
Nonprofit organizations
A nonprofit organization that qualifies for exemption under TTC 151.310External Link or
151.321 External Link is exempt from paying tax on the purchase of any item otherwise taxable under
TTC Chapter 151 when the item purchased relates to the organization's purpose.
The purchase of alcohol does not normally relate to the purpose of an exempt organization, so these
nonprofit organizations are not exempt from mixed beverage sales tax.
These nonprofit organizations include:
• nonprofit charitable, educational and religious organizations;
• 501(c)(3), (4), (8), (10) or (19) organizations;
• nonprofit youth athletic organizations;
• volunteer fire and medical service departments;
• chambers of commerce and convention and tourism promotional agencies; and
• qualified university and student organizations
The sale of alcoholic beverages by these organizations, however, is exempt when it occurs during a
qualifying tax-free fundraising sale or auction authorized under TTC 151.310(c) and 151.321.
To sell alcoholic beverages, the exempt organization must have the appropriate permit from the Texas
Alcoholic Beverage Commission. Again, there are no exemptions from mixed beverage gross
receipts tax.
Is there a mixed beverage sales tax exemption certificate?
No. A government entity or its authorized agent should issue a completed Form 01-339 (back), Texas
Sales and Use Tax Exemption Certificate [comptroller.texas.gov/forms/01-339.pdf, or a purchase voucher to
claim the tax exemption.
An exemption certificate a government agency issues can be signed by anyone the agency authorizes
to make purchases on its behalf. This exemption does not apply to personal purchases an employee of
a government agency makes, even if the employee is traveling on official business and will be
reimbursed.
Is there a list of exempt organizations?
Our Texas Tax -Exempt Entity Search [comptroller.texas.gov/taxes/exempt/search.php] lists entities that have
been issued a letter of exemption from franchise, limited sales and use and hotel occupancy taxes. The
list may not include governmental entities not required to apply for exemption under Texas law.
An exempt verification letter printed from this search is not a substitute for a completed exemption
certificate.
Can a university or its employees claim exemption from mixed beverage sales tax?
As a Texas state agency, a state university or college qualifies for exemption from mixed beverage
sales tax under TTC 151.309External Link. The university or its authorized agent must issue a properly
completed Texas Sales and Use Tax Exemption Certificate to claim the exemption. Alternatively, the
university can issue a purchase voucher as proof of exemption. An exemption certificate must be issued
to claim a mixed beverage sales tax exemption when a university's credit card or state -issued travel
procurement card is used to purchase alcoholic beverages.
This exemption does not applyExternal Link to personal purchases an employee of the university
makes, even if the employee is traveling on official business and will be reimbursed.