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HomeMy WebLinkAbout03-28-11 Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council 4 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 28, 2011 Amount Budgeted Requested By: Michael Dolby, Director of Finance Source of Funds: Account Number: Department: FINANCE Amount Budgeted: Report: xx Resolution: Ordinance: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: In accordance with our city charter, the 2010 audit report will be presented to Council by our external auditors Patillo, Brown &Hill. The audit report provides the City with reasonable assurance that our financial statements are free of material misstatements. The auditors designed tests that provide evidence that our financial statements conform to the highest level of accounting standards. The City of La Porte has won awards for twenty- nine years for excellence in financial reporting. Action •d by Council: • -_ ro:Li�'�r fft cil A • enda 1 3 41 A Ron Bottoms, City Manager Date CITY OF LA PORTE, TEXAS COMPREHENSIVE ANNUAL FINANCIAL REPORT For the fiscal year ended September 30, 2010 Prepared by: Department of Finance L t* .4► t� f � m .:84rriss (kpt4 ii City of La Porte Comprehensive Annual Financial Report For the Fiscal Year Ended September 30, 2010 TABLE OF CONTENTS Page INTRODUCTORY SECTION Letter of Transmittal 3 Organization Chart 9 GFOA Certificate of Achievement 10 List of Elected Officials 11 FINANCIAL SECTION Independent Auditors' Report 15 Management's Discussion and Analysis 17 Basic Financial Statements: Government -wide Financial Statements: Statement of Net Assets 27 Statement of Activities 28 Fund Financial Statements: Balance Sheet — Governmental Funds 30 Reconciliation of the Governmental Funds Balance Sheet to Statement of Net Assets 33 Statement of Revenues, Expenditures and Changes in Fund Balances — Governmental Funds 34 Reconciliation of the Statement of Revenues, Expenditures, and Changes In Fund Balances of Governmental Funds to the Statement of Activities 37 Statement of Net Assets — Proprietary Funds 38 Statement of Revenues, Expenses and Changes in Fund Net Assets — Proprietary Funds 40 Statement of Cash Flows — Proprietary Funds 42 Notes to the Financial Statements 45 Required Supplementary Information: Schedule of Revenues, Expenditures, and Changes in Fund Balances — General Fund 79 Notes to the Required Supplementary Information 80 Combining Financial Statements — Nonmajor Governmental Funds: Combining Balance Sheet — Nonmajor Governmental Funds 84 Combining Statement of Revenues, Expenditures and Changes in Fund Balances — Nonmajor Governmental Funds 88 Schedules of Revenues, Expenditures, and Changes in Fund Balances — Budget and Actual: 93 2010 Certificate of Obligation Bonds Fund 94 Capital Projects 95 Street Maintenance Sales Tax Fund 96 Community Investment Special Revenue Fund 97 Hotel /Motel Occupancy Tax Special Revenue Fund 98 Tax Increment Reinvestment Zone One Special Revenue Fund 99 Grant Special Revenue Fund 100 Section 4B Sales Tax Fund 101 Transportation and Other Infrastructure Fund 102 iii City of La Porte Comprehensive Annual Financial Report For the Fiscal Year Ended September 30, 2010 TABLE OF CONTENTS 2004 Certificates of Obligation Bonds Fund 103 2005 Certificate of Obligation Bonds Fund 104 2005 General Obligation Bonds Fund 105 2006 Certificate of Obligation Bonds Fund 106 2007 Certificate of Obligation Bonds Fund 107 Drainage Improvement Fund 108 Debt Service Fund 108 Supplementary Individual Fund Financial Statements and Schedules — General Fund 109 Schedule of Revenues — Budget and Actual 110 Schedule of Expenditures — Budget and Actual 111 Combining Financial Statements — Nonmajor Enterprise Funds: 119 Combining Statement of Net Assets 120 Combining Statement of Revenues, Expenses and Changes in Fund Net Assets 121 Combining Statement of Cash Flows 122 Combining Financial Statements — Internal Service Funds: 123 Combining Statement of Net Assets 124 Combining Statement of Revenues, Expenses and Changes in Fund Net Assets 125 Combining Statement of Cash Flows 126 Capital Assets Used in the Operation of Governmental Funds: 127 Schedule by Source 129 Schedule by Function and Activity 130 Schedule of Changes by Function and Activity 132 STATISTICAL SECTION Net Assets by Component 134 Changes in Net Assets 136 General Government Tax Revenues by Source 140 Fund Balances of Governmental Funds 142 Changes in Fund Balances of Governmental Funds 144 Assessed Value and Estimated Actual Value of Taxable Property 146 Property Tax Rates - Direct and Overlapping Governments 148 Principal Property Taxpayers 150 Property Tax Levies and Collections 151 Ratios of Outstanding Debt by Type 152 Ratios of General Bonded Debt Outstanding 154 Direct and Overlapping Governmental Activities Debt 155 Legal Debt Margin Information 156 Pledged Revenue Coverage 158 Demographic and Economic Statistics 159 Principal Employers 160 Full -time Equivalent City Government Employees by Function 161 Operating Indicators by Function 162 Capital Asset Statistics by Function 164 iv INTRODUCTORY SECTION 1 * L 4 0 ... � � 4 0 sm I 1\14 4illmr, .,,,, 2 ° � CITY OF LA PORTE ` Established 1892 iik,e! March 11, 2011 To the Honorable Mayor, Members of the Governing Council and Citizens of the City of La Porte, Texas: The Finance Department and City Manager's Office are pleased to submit the Comprehensive Annual Financial Report for the City of La Porte, Texas for the fiscal year ended September 30, 2010. This report is published to provide the City Council, City staff, our citizens, our bondholders and other interested parties with detailed information concerning the financial condition and activities of the City government. This report consists of management's representations concerning the finances of the City of La Porte. Consequently, management assumes full responsibility for the completeness and reliability of all of the information presented in this report. To provide a reasonable basis for making these representations, management of the City has established a comprehensive internal control framework that is designed both to protect the government's assets from loss, theft or misuse and to compile sufficient reliable information for the preparation of the City of La Porte's financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh their benefits, the City of La Porte's comprehensive framework of internal controls has been designed to provide reasonable rather than absolute assurance that the financial statements will be free from material misstatement. As management, we assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material respects. The City of La Porte's financial statements have been audited by Pattillo, Brown & Hill, LLP, a firm of licensed certified public accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City of La Porte for the fiscal year ended September 30, 2010 are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amount and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management and evaluating the overall financial statement presentation. The independent auditor concluded, based upon the audit, that there was a reasonable basis for rendering an unqualified opinion that the City of La Porte's financial statements for fiscal year ended September 30, 2010, are fairly presented in conformity with GAAP. The independent auditors' report is presented as a component of the financial section of this report. 3 604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471 -5020 The independent audit of the financial statements of the City of La Porte included a federally mandated "Single Audit" designed to meet the special needs of federal grantor agencies. The standards governing Single Audit engagements require the independent auditor to report not only on the fair presentation of the financial statements, but also on the audited government's internal controls and compliance with legal requirements, with special emphasis on internal controls and legal requirements involving the administration of federal awards. These reports are available in the City of La Porte's separately issued Single Audit Report. GAAP requires that management provide a narrative introduction, overview and analysis to accompany the basic financial statements in the form of Management's Discussion and Analysis (MD &A). This letter of transmittal is designed to complement MD &A and should be read in conjunction with it. The City of La Porte's MD &A can be found immediately following the report of the independent auditors. Profile of the City The City of La Porte, incorporated in 1892, is located in the southeast quadrant of Harris County and is bounded on the north by the Houston ship channel, on the east by Galveston Bay and the south by the Bayport channel. The City of La Porte currently encompasses 19 square miles and serves a population of 33,800. The City is a home rule city operating under the Council- Manager form of government. Policy - making and legislative authority are vested in a governing council consisting of the mayor and eight other members. The city council is responsible, among other things, for passing ordinances, adopting the budget, appointing committees and hiring both the City Manager and Attorney. The City Manager is responsible for carrying out the policies and ordinances of the City Council, for overseeing the day -to -day operations of the City and for appointing the heads of various departments. The Council is elected on a non - partisan basis. The Mayor and Council members serve three -year staggered terms. Six of the council members are elected by district. The Mayor and the two remaining council members are elected at large. The City of La Porte provides a full range of services, including police and fire protection, the construction and maintenance of streets and other infrastructure and recreational activities and cultural events. Certain services are provided through a legally separate Water Authority, which functions, as a blended component unit and in essence, is a department of the City of La Porte, and, therefore, has been included as an integral part of the City of La Porte's financial statements. Additional information on the Water Authority and other blended component units can be found in Note 1.B. of the notes to the financial statements. The City has established a Taxing Increment Reinvestment Zone one (the Zone). The zone is presented as a blended component unit and is being reported as a governmental fund type (see Note 1 B). The City has also established a section 4 B Sales Tax Corporation (see Note 1 B). The City's accounting records for general governmental operations are maintained on modified accrual basis, with the revenues being recorded when available and measurable and expenditures being recorded when the services or goods are received and the liabilities are incurred. Accounting records for the City's utilities and other proprietary activities are maintained on the accrual basis. 4 The annual budget serves as the foundation for the City of La Porte's financial planning and control. Budgetary control has been established at the fund level. All agencies of the City of La Porte are required to submit requests for appropriation to the City Manager on or before May 26 of each year. The City Manager uses these requests as the starting point for developing a proposed budget. The City Manager then presents this proposed budget to council for review prior to August. The council is required to hold a public hearing on the proposed budget and to adopt a final budget by no later than September 30th. The appropriated budget is prepared by fund, function (e.g., public safety) and department (e.g., police). The directors are given latitude to approve transfers of appropriations within a department. Transfers of appropriations between funds, however require the special approval of the city council. Budget -to- actual comparisons are provided in financial reports for each individual governmental fund for which an appropriated annual budget has been adopted. For the general fund, this comparison is presented on page 79 as part of the required supplementary information. For governmental funds, other than the general fund, with appropriated annual budgets, this comparison is presented in the governmental fund subsection of this report, which starts on page 83. Formal budgetary integration is employed as a management control device during the year for the General Fund and Enterprise Funds. Formal budget integration is not employed for the Debt Service and Capital Projects Funds because effective budgetary control is alternatively achieved through bond indenture provisions and legally binding construction contracts, respectively. Economic Condition The information presented in the financial statements is perhaps best understood when it is considered from the broader perspective of the specific environment within which the City of La Porte operates. Local economy. The City of La Porte is located in the southeast quadrant of Harris County, which is a 1,723 square mile county is a leading oil, gas and petrochemical areas. The County has more than 3,200 manufacturing plants, the nation's largest concentration of petrochemical plants, the third largest United States seaport and is a corporation management center. A significant part of the County's major employers, manufacturers, education and financial institutions are located in Houston, the County seat. The Texas Medical Center, located in Harris County, is one of the nation's largest, providing medical care and educational opportunities. The county's 64 hospitals have over 17,000 beds of which 4,600 are in the Texas Medical Center. Higher education facilities includes: University of Houston, Rice University, Texas Southern University, St. Thomas University and Houston Baptist College, all offering full four -year as well as postgraduate programs. The Lyndon B. Johnson Space Center is also located here. Located some 20 miles southeast of Houston on Galveston Bay in Harris County are the three communities that make up the La Porte Bayshore Area: La Porte, Morgan's Point and Shoreacres. The area has a combined population of approximately 40,000. Though much of the image of this area is industrial, the La Porte - Bayshore area is still characterized by an expanse of resort homes. Because of this, and the metropolitan advantages of Houston, La Porte is one of the few communities in the Gulf Coast area that offers this favorable combination. Future planning. The La Porte 2020 Comprehensive Plan is a 20 -year master plan adopted by the City Council to guide policy decisions relating to the physical and economic development of the community. In general, the plan indicates how the community desires to develop and redevelop 5 over the course of the next twenty years. The comprehensive plan is a physical plan; it is long - range, comprehensive and states the goals, objectives and policies of the local government. The comprehensive plan provides clear direction through specific statements of action to achieve the desired results envisioned by citizens and the leadership of the community. The essential objectives of the comprehensive plan are as follows: ➢ It is a plan to guide the future physical development and redevelopment of the community; ➢ The time frame is long, extending over a twenty -year horizon; ➢ It encompasses a large geographic area including the corporate limits and ETJ of the community; ➢ It is general in nature, allowing some issues to be resolved and many decisions to be made; ➢ It articulates ideas in a framework of goals and objectives, policies and actions, and plans and projects; ➢ It is intended foremost, to serve as a continuing guide to decision - making, to provide a common direction and to provide stability as issues are addressed and future decisions are made. Residential Development. Neighborhoods are one of La Porte's greatest assets as they form a foundation for a sound quality of life. The City is made up of several distinct neighborhood areas, each with somewhat different physical characteristics such as the age of housing, street configuration, and the sizes of structures and lots. Much of the City's overall image and identity is due to the unique character of its neighborhoods and these distinguishing features should, therefore, be preserved. Neighborhoods that are safe, well maintained and have character will maintain property values and thus maintain a sound neighborhood environment and a stable residential tax base. The attractive appearance and environmental quality of existing and future low- density residential neighborhoods should be protected and improvements made where necessary to maintain the value of properties and enhance the quality of life. As the city continues to develop it is important that the integrity of the neighborhoods is preserved and the value and enjoyment of property is maintained and enhanced. Goals for residential development: ➢ Consider programs to revitalize and rehabilitate existing housing where needed. ➢ Meet the future housing needs by providing for a variety of housing options. ➢ Encourage the rehabilitation or replacement of substandard housing. ➢ Promote a standard of home ownership encouraging well- maintained residential properties. ➢ Preserve the integrity of existing neighborhoods and create livable and safe neighborhood environments. ➢ Protect the attractive appearance and environmental quality of existing neighborhoods and make necessary improvements to maintain the value of properties and enhance the quality of life. Beautification and Conservation. Citizens have expressed great interest for enhancing the visual appearance of La Porte and the redevelopment and reinvestment in Downtown, along major corridors and in nonresidential areas. Through public involvement it is apparent that citizens visualize attractive shopping centers, livable neighborhoods, landscaped roadways, pleasant places to walk and an enhanced quality of life. They want successful shopping areas that appeal to shoppers. They see the opportunities in downtown to create a destination that combines a lively 6 entertainment district in a historically significant area, retail stores interspersed with restaurants and professional offices and a blend of residential units as well. Goals for Beautification: ➢Improve the community character to make it a more desirable place to live, work and visit. ➢Improve the aesthetic visual environment through enhancement of site design, signage, roadways, parking areas, open space and landscaping. >Invest in Downtown to establish a vibrant mix of places to work, live and visit, with shops, restaurants, entertainment and a variety of dwelling units. Redevelopment Strategy. Urban redevelopment efforts require cooperative action to encourage new and sustained private investment and to provide supporting rehabilitation of public infrastructure. A key part of the process is determining what strategic actions the community should take to achieve its redevelopment goals and objectives. Successful redevelopment will often require cooperation and coordination between agencies at different levels of government as well as non - profit community organizations. This should include coordination of physical improvements with social service programs, which aim to enhance the health and economic capacity of residents in targeted neighborhoods. Redevelopment Goals: Stabilize and improve the quality of neighborhoods and other areas in decline by attracting renewed private investment activity. ➢Revitalize the City's historic downtown area. Relevant Financial Policy City Council, following permanent damage from Hurricane Ike, elected to close our Sylvan Beach (enterprise fund) and transfer the remaining cash reserves to capital improvement. The cash reserves are undesignated and will be allocated to general government projects. Major Initiatives Following the completion of a comprehensive city -wide drainage plan, City Council directed staff to alleviate affected neighborhoods from surface water flooding. Consequently, the City issued $6.28 million in certificates of obligation to be spent on engineering and construction projects. The projects will enable the City to continue moving forward with other projects and further reduce the risk of flooding for the citizens. Awards and Acknowledgements The Government Finance Officers Association (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City for its comprehensive annual financial report for the fiscal year ended September 30, 2009. This was the twenty -ninth consecutive year that the City has received this prestigious award. In order to be awarded a Certificate of Achievement, the City published an easily readable and efficiently organized comprehensive annual financial report. This report satisfied both generally accepted accounting principles and applicable legal requirements. 7 A Certificate of Achievement is valid for a period of one year only. We believe that our current comprehensive annual financial report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. In addition, the government also received the GFOA's Distinguished Budget Award for its annual budget document. In order to qualify for the Distinguished Budget Presentation Award, the government's budget document was judged to be proficient in several categories, including as a policy document, a financial plan, an operations guide and a communications device. The preparation of this report would not have been possible without the efficient and dedicated services of the entire staff of the finance and administration department. We would like to express our appreciation to all members of the department who assisted and contributed to the preparation of this report. Credit also must be given to the mayor and city council for their unfailing support for maintaining the highest standards of professionalism in the management of the City of La Porte's fi - . -s. R-.: tful, i bmiUedl Ron B. - .ins /. hael G. Dolby A City Manager Director of Finan 8 sde c 0 t‘ 1 ,.....k 0 0 VI eY A m y W K F aW t""4 \ \ \ F 0 14- i � :1 p d o 4 e.. U R a 0. F e • A q 3 a �S 3 i".4 r � % : ▪ :-.0.1 pG rig U 3 q ea d �U V. U Ty h d O N h '4A ilii C c pC 4 ++ o £ Y o a . c U S E N a d 4A :1, sa .. 9 Certificate of Achievement for Excellence in Financial Reporting Presented to City of La Porte Texas For its Comprehensive Atunial . Financial Report for the Fiscal Year Ended September 30, 2009 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. • 'w NiTtO `IATES � - President 0 A dent 4.0 e _ . e0 Executive Director • 10 CITY OF LA PORT LIST OF ELECTED OFFICIALS LOUIS RIGBY MAYOR JO HN ZEMANEK JOHN BLACK COUNCIL PERSON, MA PR AT LARGE A ` �� ' a - ° AT L B MIC HAEL MOSTI � ;' . ��. CHUCK ENGELKEN COUNCIL PER ; IC COU PERSON re» t DISTR 2 DISTRIC 1 � � r , „ - � � �� d 11 DA LEO- �' TOMMY MOSER COUNCIL PERS ; � fOU NCIL PERSON DISTRICT 3 i,c' r — w �� DISTRICT 4 � t 5 JAY M MIK C LAUSEN COUNCIL PERSON COU NCIL PERSON DISTRICT 5 DIST 6 11 0 9 41alie \M 4 4„,,.... - 1114111k g 12 FINANCIAL SECTION 13 dk* L 4 711, . less - 0 VI - \ m 1q14kglizTcsli# ,,,,,. fri/ 14 ME k m , PATTILLO, BROWN & HILL, L.L.P. CERTIFIED PUBLIC ACCOUNTANTS • BUSINESS CONSULTANTS INDEPENDENT AUDITORS' REPORT To the Honorable Mayor and Members of the City Council City of La Porte, Texas We have audited the accompanying financial statements of the governmental activities, the business -type activities, each major fund and the aggregate remaining fund information of City of La Porte, Texas (the "City "), as of and for the year ended September 30, 2010, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, each major fund and the aggregate remaining fund information of the City of La Porte, Texas, as of September 30, 2010, and the respective changes in financial position and cash flows, where applicable, thereof, for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have issued our report dated March 11, 2011, on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions or laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in conjunction with this report in considering assessing the results of our audit. 401 WEST HIGHWAY 6 • P. O. BOX 20725 • WACO, TX 76702 -0725 • (254) 772 -4901 ■ FAX (254) 772 -4920 • www.pbhcpa.com AFFILIATE OFFICES: BROWNSVILLE, TX (956) 544 -7778 • HILLSBORO, TX (254) 582 -2583 TEMPLE, TX (254) 791 -3460 • ALBUQUERQUE, NM (505) 266 -5904 15 Accounting principles generally accepted in the United States of America require that the Management's Discussion and Analysis and budgetary comparison information on pages 17 through 23 and pages 79 through 80, be presented to supplement the basic financial statements. Such information, although not part of the basic financial statements, is required by Governmental Accounting Standards Board, who considers it to be an essential part of the financial statements for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements as a whole. The introductory section, combining and individual nonmajor fund financial statements and schedules, capital asset schedules and statistical section, are presented for purposes of additional analysis and are not a required part of the financial statements. The combining and individual nonmajor fund financial statements and schedules and capital asset schedules are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the financial statements as a whole. The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on it. P c04-ao kckkAry■ 4j,Q, ) L March 11, 2011 16 CITY OF LA PORTE, TEXAS Management's Discussion and Analysis For the Year Ended September 30, 2010 As management of the City of La Porte, we offer readers of the City's financial statements this narrative overview and analysis of the financial activities of the City for the fiscal year ended September 30, 2010. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal, which can be found on pages 3 -8 of this report. FINANCIAL HIGHLIGHTS • The assets of the City of La Porte exceeded its liabilities at the close of the most recent fiscal year by $111,289,712 (net assets). Of this amount $15,931,922(unrestricted net assets) may be used to meet the City's ongoing obligations to citizens and creditors in accordance with the City's fund designation and fiscal policies and working capital requirements. • The City's total net assets increased by $1,582,339. This increase is due to capital acquisitions in the governmental type funds. • As of the close of the current fiscal year, the City of La Porte's governmental funds reported combined ending fund balances of $40,543,819. Of this amount $35,868,993, (88 %) is unreserved and available for use within the City's designation and policies and working capital requirements. • At the end of the current fiscal year, unreserved fund balance for the general fund was $11,849,853 approximately (39 %) of the total general fund expenditures. OVERVIEW OF THE FINANCIAL STATEMENTS This discussion and analysis is intended to serve as an introduction of the City's basic financial statements. The City's basic financial statements are comprised of three components: 1) government -wide financial statements, 2) fund financial statements and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government -wide financial statements — The government -wide financial statements are designed to provide readers with a broad overview of the City's finances, in a manner similar to a private- sector business. The Statement of Net Assets presents information on all of the City's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. The Statement of Activities presents information showing how the City's net assets changed during the fiscal year. All changes in net assets are reported when the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused compensated absences). Both of the government -wide financial statements report functions of the City that are principally supported by taxes and intergovernmental revenues (governmental activities) from functions that are intended to recover all or a significant portion of their costs through user fees and charges (business -type activities). The governmental activities of the City include general government, public safety, public works, health and sanitation and culture and recreation. The business -type activities of the City include the Water and Sewer Utilities, Airport, La Porte Area Water Authority, and Bay Forest Golf Course operations. The government -wide financial statements can be found on pages 27 -31 of this report. 17 CITY OF LA PORTE, TEXAS Management's Discussion and Analysis For the Year Ended September 30, 2010 Fund financial statements - A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance - related legal requirements. All of the funds of the City can be divided into two categories - governmental funds and proprietary funds. Governmental funds - Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on current sources and uses of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near -term financing requirements. Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long -term impact of the government's near -term financing decisions. Both the governmental funds balance sheet and the governmental fund statements of revenues, expenditures and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City maintains 21 governmental funds. Information is presented separately in the Governmental Fund Balance Sheet and in the Governmental Fund Statement of Revenues, Expenditures and Changes in Fund Balances for the General, 2010 Certificates of Obligation Bond, and Capital Projects Fund, all of which are considered to be major funds. Data from the other 18 governmental funds are combined into a single, aggregated presentation called non - major. Individual fund data for each of these non -major governmental funds is provided in the form of combining statements elsewhere in this report. The basic governmental fund financial statements can be found on pages 27 -37 of this report. Proprietary funds - The City maintains two types of proprietary funds. Proprietary funds are used to report the same functions presented as business -type activities in the government -wide financial statements. The City uses proprietary funds to account for its utilities, airport, water authority, and golf course. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City's various functions. The City uses its internal service funds to account for its motor pool services, technology services and insurance. Because these services predominantly benefit governmental rather than business -type functions, they have been included within governmental activities in the government -wide financial statements. Proprietary funds provide the same type of information as the government -wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the Utility and La Porte Area Water Authority, Airport, and Bay Forest Golf Course. All internal service funds are combined into a single aggregated presentation in the proprietary fund financial statements. Individual fund data for the internal service funds is provided in the form of combining statements elsewhere in this report. The basic proprietary fund financial statements can be found on pages 38-43 of this report. Notes to the Financial Statements - The notes provide additional information that is essential to a full understanding of the data provided in the government -wide and fund financial statements. The notes to the financial statements can be found on pages 45 -75 of this report. 18 CITY OF LA PORTE, TEXAS Management's Discussion and Analysis For the Year Ended September 30, 2010 Other Information - In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City's progress in funding its obligation to provide pension benefits to its employees. Required supplementary information can be found on pages 77 -80 of this report. The combining statements referred to earlier in connection with nonmajor governmental funds and internal service funds are presented immediately following the required supplementary information for the general fund. Combining fund statements and schedules can be found on pages 82 -125 of this report. GOVERNMENT -WIDE FINANCIAL ANALYSIS As noted earlier, net assets may serve over time as a useful indicator of a government's financial position. In the case of the City of La Porte, assets exceeded liabilities by $111,289,712 at the close of the fiscal year. By far the largest portion of the City's net assets $75,789,786 reflects its investment in capital assets (e.g., land, buildings, machinery, equipment, improvements, construction in progress and infrastructure), less any related debt used to acquire those assets that are still outstanding. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. City of La Porte's Net Assets Govemmental Business -Type Activities Activities Total 2010 2009 2010 2009 2010 2009 Current and other assets $ 56,384,215 $ 53,527,689 $ 5,673,459 $ 5,672,420 $ 62,057,674 $ 59,200,109 Capital assets 67,484,940 62,533,458 46,380,067 46,648,862 113,865,007 109,182,320 Total Assets 123,869,155 116,061,147 52,053,526 52,321,282 175,922,681 168,382,429 Long term liabilities 50,569,787 43,417,622 6,910,440 7,165,771 57,480,227 50,583,393 Other liabilities 6,091,976 6,967,959 1,060,766 1,123,704 7,152,742 8,091,663 Total Liabilities 56,661,763 50,385,581 7,971,206 8,289,475 64,632,969 58,675,056 Net Assets: Invested in capital assets, net of related debt 35,194,777 32,667,469 40,595,009 40,206,362 75,789,786 72,873,831 Restricted 18,108,170 16,169,693 1,459,834 1,352,867 19,568,004 17,522,560 Unrestricted 13,904,445 16,838,404 2,027,477 2,472,578 15,931,922 19,310,982 Total Net Assets $ 67,207,392 $ 65,675,566 $ 44,082,320 $ 44,031,807 $ 111,289,712 $ 109,707,373 An additional portion of the City's net assets $19,568,004 (18 %) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net assets of $15,931,922 (14 %) may be used to meet the government's ongoing obligations to citizens and creditors. As of September 30, 2010, the City is able to report positive balances in all three categories of net assets, both for the government as a whole, as well as for its separate categories - governmental and business -type activities. 19 CITY OF LA PORTE, TEXAS Management's Discussion and Analysis For the Year Ended September 30, 2010 Analysis of the City's Operations — the following table provides a summary of the City's operations for the year ended September 30, 2010, with comparative totals for year ended September 30, 2009. Governmental activities increased the City of La Porte's net assets by $1,531,826. Business -type activities increased the City's net assets by $50,513. City of La Porte's Changes in Net Assets Governmental Business -Type Activities Activities Total 2010 2009 2010 2009 2010 2009 Revenues: Program Revenues: Charges for Services $ 8,279,423 $ 7,042,938 $ 8,212,595 $ 9,005,792 $ 16,492,018 $ 16,048,730 Operating grants and contributions 1,004,047 5,165,295 - - 1,004,047 5,165,295 Capital grants and contributions - 1,259,614 860,304 1,785,653 860,304 3,045,267 General revenues: Property taxes, levied for general purposes 15,182,382 14,389,535 - - 15,182,382 14,389,535 Property taxes, levied for debt service 2,560,023 2,001,702 - - 2,560,023 2,001,702 Industrial payments 10,732,488 10,554,872 - - 10,732,488 10,554,872 Franchise taxes 2,170,699 2,160,425 - - 2,170,699 2,160,425 Sales tax 5,913,679 5,787,406 - - 5,913,679 5,787,406 Grants not specified for a specific program - 2,000 - - - 2,000 Unrestricted investmenteamings 293,943 687,567 39,078 72,814 333,021 760,381 Miscellaneous 164,237 90,599 - - 164,237 90,599 Total revenues 46,300,921 49,141,953 9,111,977 10,864,259 55,412,898 60,006,212 Expenses: General Govemment 11,497,476 11,442,946 - - 11,497,476 11,442,946 Public Safety 17,108,837 15,495,372 - - 17,108,837 15,495,372 Public Works 4,601,382 8,095,274 - - 4,601,382 8,095,274 Health and Sanitation 2,521,222 2,378,808 - - 2,521,222 2,378,808 Culture and Recreation 6,483,006 4,222,945 - - 6,483,006 4,222,945 Interest on Long -term debt 1,556,740 1,527,041 - - 1,556,740 1,527,041 Water Services - - 5,721,303 4,832,857 5,721,303 4,832,857 Sewer Services - - 2,674,456 2,603,424 2,674,456 2,603,424 Airport - - 181,040 183,186 181,040 183,186 Bay Forest Golf Course - - 1,485,097 1,436,792 1,485,097 1,436,792 Sylvan Beach Convention Center - - - 25,649 - 25,649 Total Expenses 43,768,663 43,162,386 10,061,896 9,081,908 53,830,559 52,244,294 Change in net assets before transfers 2,532,259 5,979,567 (949,919) 1,782,351 1,582,339 7,761,918 Transfers (1,000,432) (778,855) 1,000,432 778,855 - - Change in net assets 1,531,826 5,200,712 50,513 2,561,206 1,582,339 7,761,918 Netassets - beginning 65,675,566 60,474,854 44,031,807 41,470,601 109,707,373 101,945,455 Netassets - ending $ 67,207,392 $ 65,675,566 $ 44,082,320 $ 44,031,807 $ 111,289,712 $ 109,707,373 20 CITY OF LA PORTE, TEXAS Management's Discussion and Analysis For the Year Ended September 30, 2010 FINANCIAL ANALYSIS OF THE GOVERNMENT'S FUNDS Governmental funds — The focus of the City of La Porte's governmental funds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City of La Porte's governmental funds reported combined ending fund balances of $40,543,819. Approximately 88% of this total amount ($35,868,993) constitutes unreserved fund balance. The remainder of the fund balance is reserved to indicate that it is not available for new spending because it has already been committed 1) to pay for encumbrances ($158,870), 2) to provide for inventories ($135,162), 3) to pay for debt service ($3,740,380), 4) to provide for municipal court building security ($147,915), 5) to provide for municipal court technology ($38,543), 6) to provide for park zone ($147,180), and 7) to provide for confiscated funds ($227,605), 8) to provide for animal control ($2,914 ), 9) to provide for judicial fund ($23,197), 10) to provide for law enforcement training ($3,406), and 11) to provide for child safety fees ($49,654). The actual General Fund fund balance decrease for fiscal year 2010 was $1,489,540 which is $4.9 million higher than originally projected since revenues were higher than projected and expenditures were Tess than budget. The 2010 Certificate of Obligation Fund balance increased by $5,789,393 due to bond proceeds in the current fiscal year. The Capital Projects Fund balance increased by $499,576 due to interfund transfers for construction of capital projects. Other governmental fund balances decreased in 2010 by $2,071,692 due to decreased revenues and increased spending for capital projects. Proprietary funds — The City's proprietary fund statements provide the same type of information found in the government -wide financial statements, but in more detail. Unrestricted net assets of the respective proprietary funds are Utility- $452,909 , Airport - $338,399, La Porte Area Water Authority - $1,956,053, Sylvan Beach Convention Center - $0, and Bay Forest Golf Course — ($719,884). The change (decrease) in net assets of the proprietary funds in 2010 was as follows: Utility - $627,684 , which increased due to capital contributions, Airport - ($126,453), which decreased, La Porte Area Water Authority - $217,188, which increased due to capital contributions, Sylvan Beach Convention Center - ($265,398), which has closed due to hurricane damage and Bay Forest Golf Course - ($402,508), which decreased. General Fund Budgetary Highlights — The City made revisions to the original appropriations approved by the City Council. Overall these changes resulted in an increase from the original budget of ($135,049) or 0.4 %. The City received more than anticipated revenues by $3.5 million as a result of an upturn in industrial district payments, property tax and sales tax. CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets - The City of La Porte's investment in capital assets for its governmental and business -type activities as of September 30, 2010 amounts to $113,865,007 (net of accumulated depreciation). This investment in capital assets includes land, building, equipment, improvements, infrastructure and construction in progress. Major capital asset events during the current fiscal year included the following: • Construction in progress Sens Road Utilities Relocation $1.4 million. • Construction in progress Main Street revitalization program for $1.0 million. • Construction in progress for Sports Complex for $2.2 million. 21 CITY OF LA PORTE, TEXAS Management's Discussion and Analysis For the Year Ended September 30, 2010 Capital Assets at Year -end Net of Accumulated Depreciation Governmental Business -type Activities Activities 2010 2010 Total Land $ 9,699,810 $ 2,308,777 $ 12,008,587 Buildings and improvements 20,606,726 219,144 20,825,870 Improvements other than buildings 11,353,336 38,586,412 49,939,748 Infrastructure 14,922,028 - 14,922,028 Machinery and equipment 6,208,222 210,734 6,418,956 Construction in progress 4,694,818 5,055,000 9,749,818 Total $ 67,484,940 $ 46,380,067 $ 113,865,007 Additional information of the City of La Porte's capital assets can be found in Note 4 on pages 57 -59 of this report. Debt Administration — At the end of the current fiscal year, the City of La Porte had bonded debt payable of $47,725,000 Of this amount, $42,065,000 comprises bonded debt backed by the full faith and credit of the government and $5,660,000 represents bonds secured solely by water and sewer revenues. Outstanding Debt at Year End Bonds Payable Governmental Business -type Activities Activities 2010 2010 Totals General Obligations $ 15,715,000 $ - $ 15,715,000 Revenue Bonds Payable - 4,085,000 4,085,000 Certificate of Obligations 26,350,000 1,575,000 27,925,000 Total $ 42,065,000 $ 5,660,000 $ 47,725,000 The City of La Porte maintains an "Aa2 ", "AA ", "AA-" by Moody's, Standard and Poor's and Fitch respectively for general obligation debt. The revenue bonds have been rated "A2, A, NR" by Moody's, Standard and Poor's and Fitch, respectively. Additional information on the City of La Porte's long -term debt can be found in Note 5 on pages 60-64 of this report. 22 CITY OF LA PORTE, TEXAS Management's Discussion and Analysis For the Year Ended September 30, 2010 ECONOMIC FACTS AND NEXT YEAR'S BUDGETS AND RATES The unemployment rate for the City of La Porte is currently 8.3 percent, which isf a decrease from a rate of 9.4 percent a year ago. This compares to the state's average unemployment rate of 8.1 percent which is Tess than the national average rate of 9.1 percent. During the upcoming year, the City will closely monitor the volatility in the housing market. Although our area has not been adversely affected by home foreclosures, we will observe future economic changes. Total assessed property value for all residential and commercial property in the City of La Porte exceeded $2.0 billion for fiscal year 2010. The trend for total assessed property values has been steadily increasing each year with an average annual increase of 6 percent over the past 5 years. However, in the upcoming fiscal year, we anticipate that residential and commercial values will decrease by 3% to 5 %. Sales tax receipts have increased 6% this fiscal year. Assessed Property Valuations Sales Tax Collections (in billions) (in millions) 3 6 2.5 5 2 4 ° 1.5 2 3 0.5 1 0 0 2006 2007 2008 2009 2010 2006 2007 2008 2009 2010 REQUEST FOR INFORMATION This financial report is designed to provide our citizens, customers and creditors a general overview of the City's finances. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the Director of Finance, 604 West Fairmont Parkway, La Porte, Texas, 77571. 23 24 BASIC FINANCIAL STATEMENTS 25 ` 1 114 Ft 01 4 ' 26 CITY OF LA PORTE, TEXAS Statement of Net Assets September 30, 2010 Primary Government Governmental Business -type Activities Activities Total ASSETS Cash and cash equivalents $ 31,968,841 $ 1,512,167 $ 33,481,008 Investments 18,532,123 2,225,832 20,757,955 Receivables, net of allowance for uncollectibles Accounts receivable 1,823,908 1,061,851 2,885,759 Taxes receivable 1,976,189 - 1,976,189 Due from other governments 672,208 - 672,208 Accrued interest receivable 4,622 530 5,152 Other 183,132 - 183,132 Intemal balances 390,808 (390,808) - Materials and supplies inventories at cost 169,788 4,800 174,588 Prepaid expenses - 71,059 71,059 Deferred issuance costs 662,596 - 662,596 Restricted assets: Cash and cash equivalents restricted for: Customer service deposits - 503,260 503,260 Debt service - 684,768 684,768 Capital assets: Land 9,699,810 2,308,777 12,008,587 Buildings and improvements 34,829,904 789,144 35,619,048 Improvements other than buildings 17,390,197 83,872,233 101,262,430 Infrastructure 34,747,260 - 34,747,260 Machinery and equipment 15,205,703 593,903 15,799,606 Construction in progress 4,694,818 5,055,000 9,749,818 Accumulated depreciation (49,082,752) (46,238,990) (95,321,742) Total assets 123,869,155 52,053,526 175,922,681 LIABILITIES Accounts payable 5,213,072 419,750 5,632,822 Accrued salaries payable 685,858 109,607 795,465 Uneamed revenue 112,344 - 112,344 Other current liabilities 3,002 9,373 12,375 Interest payable 77,700 18,776 96,476 Customer deposits - 503,260 503,260 Noncurrent liabilities: Due within one year 2,308,797 877,500 3,186,297 Due in more than one year 48,260,990 6,032,940 54,293,930 Total liabilities 56,661,763 7,971,206 64,632,969 NET ASSETS Invested in capital assets, net of related debt 35,194,777 40,595,009 75,789,786 Restricted for: Debt service 3,662,680 1,459,834 5,122,514 Economic development 1,894,012 - 1,894,012 Capital improvements 10,945,455 - 10,945,455 Grants and state programs 1,606,023 - 1,606,023 Unrestricted 13,904,445 2,027,477 15,931,922 Total net assets $ 67,207,392 $ 44,082,320 $ 111,289,712 See accompanying notes to financial statements. 27 CITY OF LA PORTE, TEXAS Statement of Activities For The Year Ended September 30, 2010 Program Revenues Fees, Fines and Operating Capital Charges for Grants and Grants and Program Activities Expenses Services Contributions Contributions Govemmental activities: General government $11,497,476 $ 3,116,325 $ - $ - Public safety 17,108,837 1,593,247 928,389 - Public works 4,601,382 1,066,936 - - Health and sanitation 2,521,222 1,842,135 64,025 - Culture and recreation 6,483,006 660,780 11,633 - Interest on long term debt 1,556,740 - - - Total governmental activities 43,768,663 8,279,423 1,004,047 - Business - type activities: Water services 5,721,303 3,849,661 - 860,304 Sewer services 2,674,456 3,307,484 - - Airport 181,040 53,216 - - Golf course 1,485,097 1,002,234 - - Total business -type activities 10 8,212,595 - 860 Total government $ 53,830,559 $ 16,492,018 $ 1,004,047 $ 860,304 General revenues: Taxes: Property taxes, levied for general purposes Property taxes, levied for debt service Industrial payments Franchise Sales Investment eamings Miscellaneous Transfers Total general revenues and transfers Change in net assets Net assets — beginning Net assets — ending See accompanying notes to basic financial statements. 28 Net (Expenses) Revenues and Changes in Net Assets Governmental Business -type Activities Activities Total $ (8,381,151) $ - $ (8,381,151) (14,587,201) - (14,587,201) (3,534,446) - (3,534,446) (615,062) - (615,062) (5,810,593) - (5,810,593) (1,556,740) - (1,556,740) (34,485,193) - (34,485,193) (1,011,338) (1,011,338) 633,028 633,028 (127,824) (127,824) (482,863) (482,863) - (988,997) (988,997) $ (34,485,193) $ (988,997) $ (35,474,190) 15,182,382 - 15,182,382 2,560,023 - 2,560,023 10,732,488 - 10,732,488 2,170,699 - 2,170,699 5,913,679 - 5,913,679 293,943 39,078 333,021 164,237 - 164,237 (1,000,432) 1,000,432 - 36,017,019 1,039,510 37,056,529 1,531,826 50,513 1,582,339 65,675,566 44,031,807 109,707,373 $ 67,207,392 $ 44,082,320 $ 111289,712 29 CITY OF LA PORTE, TEXAS Balance Sheet Governmental Funds September 30, 2010 2010 Certificates of Obligation Capital General Bonds Projects ASSETS Cash and cash equivalents $ 10,081,188 $ - $ 7,468,190 Investments 3,341,799 6,251,391 2,398,195 Receivables, net of allowance for uncollectibles: Accounts 1,823,908 - - Taxes 1,350,088 - - Intergovernmental - - - Accrued interest 1,565 - 1,057 Other - - - Due from other funds 807,246 - - Materials and supplies inventories, at cost 135,163 - - Total assets 17,540,957 6,251,391 9,867,442 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable 3,051,747 45,560 686,723 Accrued salaries payable 634,429 - - Due to others - - - Due to other funds - 416,438 - Deferred revenue 1,750,292 - - Totalliabilities 5,436,468 461,998 686,723 Fund balances: Reserved for: Inventories 135,162 - - Encumbrances 119,474 - - Animal control - - - Judicial fund - - - Municipal court building security - - - Municipal court technology fee - - - Park zone - - - Law enforcement training - - - Child safety - - - Confiscated funds - - - Debt service - - - Unreserved, designated for capital projects 13,084 - - Unreserved /undesignated 11,836,769 5,789,393 9,180,719 Unreserved, reported in nonmajor: Special revenue funds - - - Capital projects funds - - - Total fund balances 12,104,489 5,789,393 9,180,719 Total liabilities and fund balances $ 17,540,957 $ 6,251,391 $ 9,867,442 See accompanying notes to basic financial statements. 30 Other Total Governmental Governmental Funds Funds $ 8,530,774 $ 26,080,152 4,580,078 16,571,463 - 1,823,908 626,101 1,976,189 672,208 672,208 1,130 3,752 61,955 61,955 615,026 1,422,272 - 135,163 15,087,272 48,747,062 873,158 4,657,188 18,294 652,723 3,002 3,002 615,026 1,031,464 108,574 1,858,866 1,618,054 8,203,243 - 135,162 39,396 158,870 2,914 2,914 23,197 23,197 147,915 147,915 38,543 38,543 147,180 147,180 3,406 3,406 49,654 49,654 227,605 227,605 3,740,380 3,740,380 - 13,084 - 26,806,881 3,688,288 3,688,288 5,360,740 5,360,740 13,469,218 40,543,819 $ 15,087,272 $ 48,747,062 31 L r ' ' ,P ass Ili 32 CITY OF LA PORTE, TEXAS Reconciliation of the Governmental Funds Balance Sheet to Statement of Net Assets September 30, 2010 Amounts reported for governmental activities in the statement of net assets are different because: Total fund balances - total governmental funds $ 40,543,819 Capital assets used in governmental activities are not current financial resources and, therefore, are not reported in this fund financial statement, but are reported in the governmental activities of the statement of net assets. 62,702,275 Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds Unavailable revenues 1,746,522 Interest payable on long -term debt does not require current financial resources. Therefore, interest payable is not recorded as a liability in governmental funds balance sheets. (77,700) The assets and liabilities of certain internal service funds are not included in the fund financial statement, but are included in the governmental activities of the statement of net assets. 12,104,048 Some liabilities, (such as notes payable, capital lease contract payable, Tong -term compensated absences and bonds payable), are not due and payable in the current period and are not included in the fund financial statement, but are included in the governmental activities of the statement of net assets: Bonds payable (42,065,000) Premium on issuance (478,623) Compensated absences (3,102,794) Bond issuance costs 662,596 Arbitrage (304,474) Net OPEB obligation (3,216,106) Net pension obligation (1,307,171) Net assets of governmental activities $ 67,207,392 See accompanying notes to basic financial statements. 33 CITY OF LA PORTE, TEXAS Statement of Revenues, Expenditures and Changes in Fund Balances Governmental Funds For The Year Ended September 30, 2010 2010 Certificate of Obligation Capital General Bonds Projects REVENUES Property taxes $ 13,566,424 $ - $ - Franchise taxes 2,170,699 - - Sales taxes 3,142,521 - - Industrial payments 10,464,176 - - Other taxes 77,450 - - Licenses and permits 476,478 - - Fines and forfeits 1,531,699 - - Charges for services 4,307,154 - 1,405,077 Intergovernmental 863 - - Interest 137,143 3,546 43,078 Miscellaneous 59,920 - 60,625 Total revenues 35,934,527 3,546 1,508,780 EXPENDITURES Current: General government 7,468,340 - 232,978 Public safety 14,206,302 - - Public works 2,688,597 - 76,703 Health and sanitation 2,164,286 - - Culture and recreation 3,827,212 - 1,221,236 Debt service: Principal retirements - - - Interest and fiscal charges - 136,533 - Capital outlay 412,749 324,936 6,248,284 Total expenditures 30,767,486 461,469 7,779,201 Excess (deficiency) of revenues over expenditures 5,167,041 (457,923) (6,270,421) OTHER FINANCING SOURCES (USES) Issuance of debt - 6,265,000 - Premium on bonds - 123,670 - Payment to escrow agent - - - Transfers in 730,271 - 6,769,997 Transfers out (7,391,876) (141,354) - Proceeds from sale of assets 5,024 - - Total other financing sources (uses) (6,656,581) 6,247,316 6,769,997 Net change in fund balances (1,489,540) 5,789,393 499,576 Fund balances— beginning 13,594,029 - 8,681,143 Fund balances— ending $ 12,104,489 $ 5,789,393 $ 9,180,719 See accompanying notes to basic financial statements. 34 Other Total Governmental Governmental Funds Funds $ 4,298,212 $ 17,864,636 - 2,170,699 2,356,887 5,499,408 268,312 10,732,488 336,822 414,272 - 476,478 271,086 1,802,785 371,536 6,083,767 987,669 988,532 79,226 262,993 4,597 125,142 8,974,347 46,421,200 2,086,288 9,787,606 405,435 14,611,737 53,621 2,818,921 68,562 2,232,848 - 5,048,448 1,755,000 1,755,000 1,451,033 1,587,566 3,857,527 10, 843,496 9,677,466 48,685,622 (703,119) (2,264,422) 4,295,000 10,560,000 100,338 224,008 (4,409,763) (4,409,763) 1,657,855 9,158,123 (3,012,003) (10,545,233) 5,024 (1,368,573) 4,992,159 (2,071,692) 2,727,737 15,540,910 37,816,082 $ 13,469,218 $ 40,543,819 35 L O l a ( 1 Area., N 36 CITY OF LA PORTE, TEXAS Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities For The Year Ended September 30, 2010 Amounts reported for governmental activities in the statement of activities are different because: Net change in fund balances —total governmental funds: $ 2,727,737 Governmental funds report outlays for capital assets as expenditures because such outlays use current financial resources. In contrast, the statement of activities reports only a portion of the outlay as expense. The outlay is allocated over the assets' estimated useful lives as depreciation expense for the period. This is the amount by which governmental activity capital outlays $10,661,990 exceeded depreciation $3,713,973 and losses of $104 from the disposition of capital assets in the current period. 6,947,913 Governmental funds report expenditures for costs of assets under construction that will be contributed to another entity. However, in the statement of activities, the cost of those assets will be expensed when the completed asset is transferred. (371,718) Governmental funds report capital outlay expenditures for costs of assets constructed that will be contributed to a proprietary fund. However, in the statement of activities, the cost of those assets were reclassified as a transfer to business -type activities. (1,939,704) Governmental funds do not present revenues that are not available to pay current obligations. In contrast, such revenues are reported in the statement of activities when earned. (194,443) Governmental funds report bond proceeds as current financial resources. In contrast, the statement of activities treats such issuance of debt as a liability. Governmental funds report repayment of bond principal as an expenditure. In contrast, the statement of activities treats such repayments as a reduction in Tong -term liabilities. This is the amount by which proceeds exceeded repayments. (4,454,007) Some expenses reported in the statement of activities do not require the use of current financial resources and these are not reported as expenditures in governmental funds: Accrued interest not reflected in governmental funds (23,064) Additional compensated absences not reflected in governmental funds (242,190) Amortization of bond issuance costs (158,748) Amortization of premium on bonds 47,400 Net OPEB obligation (1,661,275) Net pension obligation (752,431) Retainage payable 102,447 Internal service funds are used by management to charge the costs of certain activities, such as fleet maintenance and information technology, to individual funds. The net revenue (expense) of the internal service funds is reported with governmental activities. 1,503,909 Change in net assets of governmental activities $ 1,531,826 See accompanying notes to basic financial statements. 37 CITY OF LA PORTE, TEXAS Statement of Net Assets Proprietary Funds September 30, 2010 Business -type Activities - Enterprise Funds La Porte Area Other Utility Water Authority Funds ASSETS Current assets: Cash and cash equivalents $ 678,751 $ 576,720 $ 256,696 Investments 896,641 1,244,270 84,921 Receivables, net of allowance for uncollectibles 888,913 167,816 5,122 Accrued interest receivable 228 265 37 Miscellaneous receivables - - - Material and supplies inventories, at cost 4,800 - - Prepaid expenses - 71,059 - Restricted cash and cash equivalents for: Customer service deposits 503,260 - - Cash and cash equivalents restricted for: Current debt service - 684,768 - Total current assets 2,972,593 2,744,898 346,776 Noncurrent assets: Capital assets: Land 224,308 - 2,084,469 Buildings and improvements 57,620 - 731,524 Improvements other than buildings 59,961,741 15,306,000 8,604,492 Vehicles and equipment 544,143 6,130 43,630 Construction in progress 4,931,320 123,680 - Less accumulated depreciation (33,378,654) (7,237,170) (5,623,166) Total noncurrent assets 32,340,478 8,198,640 5,840,949 Total assets 35,313,071 10,943,538 6,187,725 LIABILITIES Current liabilities: Accounts payable 292,296 104,077 23,377 Accrued salaries payable 82,472 - 27,135 Due to other funds - - 390,808 Other current liabilities - - 9,373 Interest payable 14,057 4,719 - Accrued separation pay 30,000 - - Payable from restricted assets: Current portion of revenue bonds 262,500 585,000 - Customer deposits 503,260 - - Total current liabilities 1,184,585 693,796 450,693 Noncurrent liabilities: Revenue bonds, net of current portion 1,312,500 3,625,058 - Net pension obligation 156,029 - 47,920 Net OPEB obligation 441,077 - 102,776 Accrued separation pay 220,708 - 126,872 Total noncurrent liabilities 2,130,314 3,625,058 277,568 Total liabilities 3,314,899 4,318,854 728,261 NET ASSETS Invested in capital assets, net of related debt 30,765,478 3,988,582 5,840,949 Restricted for debt service 779,785 680,049 - Unrestricted (deficit) 452,909 1,956,053 (381,485) Total net assets $ 31,998,172 $ 6,624,684 $ 5,459,464 See accompanying notes to basic financial statements. 38 Governmental Activities — Internal Totals Service Funds $ 1,512,167 $ 5,888,689 2,225,832 1,960,660 1,061,851 - 530 870 121,177 4,800 34,625 71,059 - 503,260 - 684,768 - 6,064,267 8,006,021 2,308,777 - 789,144 - 83,872,233 - 593,903 12,223,087 5,055,000 - (46,238,990) (7,440,422) 46,380,067 4,782,665 52,444,334 12, 788,686 419,750 555,884 109,607 33,135 390,808 9,373 18,776 30,000 - 847,500 - 503,260 - 2,329,074 589,019 4,937,558 203,949 543,853 - 347,580 95,619 6,032,940 95,619 8,362,014 684,638 40,595,009 4,782,665 1,459,834 - 2,027,477 7,321,383 $ 44,082,320 $ 12,104,048 39 CITY OF LA PORTE, TEXAS Statement of Revenues, Expenses and Changes in Fund Net Assets Proprietary Funds For The Year Ended September 30, 2010 Business -type Activities – Enterprise Funds La Porte Area Other Utility Water Authority Funds Operating revenues: User fees $ 7,810,291 $ 929,497 $ 1,055,450 Operating expenses: Personal services 3,075,553 - 948,532 Supplies 227,140 14,761 188,272 Other services and charges 3,211,650 903,420 233,051 Depreciation 1 461,171 296,282 Total operating expenses 8,314,053 1,379,352 1,666,137 Operating income (loss) (503,762) (449,855) (610,687) Nonoperating revenues (expenses): Interest income 12,003 25,186 1,889 Interest expense and fiscal charges (128,126) (156,871) - Gain on sale of assets - - - Total nonoperating revenue (expenses) (116,123) (131,685) 1,889 Income (loss) before contributions and transfers (619,885) (581,540) (608,798) Capital contributions 1,852,377 860,304 45,059 Transfers in - - 53,000 Transfers out (604,808) (61,576) (283,620) Change in net assets 627,684 217,188 (794,359) Total net assets — beginning 31,370 6,407,496 6,253 Total net assets — ending $ 31,998 $ 6,624 $ 5,459,464 See accompanying notes to basic financial statements. 40 Governmental Activities — Internal Totals Service Funds $ 9,795,238 $ 7,065,421 4,024,085 1,300,952 430,173 498,247 4,348,121 5,353,618 2,557,163 809,241 11,359,542 7,962,058 (1,564,304) (896,637) 39,078 34,496 (284, 997) - 39,668 (245, 919) 74,164 (1,810,223) (822,473) 2,757,740 42,268 53,000 2,297,775 (950,004) (13,661) 50,513 1,503,909 44,031,807 10,600,139 $ 44,082,320 $ 12,104,048 41 CITY OF LA PORTE, TEXAS Statement of Cash Flows Proprietary Funds For The Year Ended September 30, 2010 Business -type Activities - Enterprise Funds La Porte Area Other Utility Water Authority Funds CASH FLOWS FROM OPERATING ACTIVITIES Cash received from user fees $ 7,692,547 $ 920,004 $ 1,057,470 Cash payments to suppliers (3,521,456) (966,276) (186,881) Cash payments for personal services (2,726,732) - (874,229) Net cash provided (used) by operating activities 1,444,359 (46,272) (3,640) CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds 1,852,377 - 53,000 Transfers to other funds (604,808) (61,576) (283,620) Net cash provided (used) by noncapital financing activies 1,247,569 (61,576) (230,620) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Payments received from participants for debt service - 758,532 - Payments received from participants for capital recovery - 101,772 - Payments for capital acquisitions (2,309,879) (3,710) - Proceeds from sale of assets - - Principal payments on revenue bonds (262,500) (525,000) - Interest paid on debt (139,430) (181,992) - Net cash used by capital and related financing activies (2,711,809) 149,602 - CASH FLOWS FROM INVESTING ACTIVITIES Interest on investments 13,034 26,301 2,098 Net Investments purchased (1,404,696) (2,414,033) (124,454) Net Investments sold 1,739,590 2,707,648 325,305 Net cash used by investing activities 347,928 319,916 202,949 Net increase (decrease) in cash and cash equivalents 328,047 361,670 (31,311) Balances- beginning of the year 853,964 899,818 288,007 Balances -end of the year $ 1,182,011 $ 1,261,488 $ 256,696 Reconciliation of operating income (loss) to net cash provided (used) by operating activities: Operating income (loss) $ (503,762) $ (449,855) $ (610,687) Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation expense 1,799,710 461,171 296,282 (Increase) decrease in accounts receivable (127,020) (9,493) 3,905 (Increase) decrease in inventories 79 - - (Increase) decrease in prepaid expenses - (71,059) - Increase (decrease) in accrued salaries payable 17,592 - 3,421 Increase (decrease) in accounts payable (82,745) 22,964 (12,300) Increase (decrease) in other current liabilities - - 641 Increase (decrease) in due to other funds - - 246,102 Increase (decrease) in customer utility deposits 9,276 - (1,885) Increase (decrease) in accrued employee separation 15,724 - (8,733) Increase (decrease) in net pension obligation 89,374 - 26,923 Increase (decrease) in net OPEB obligation 226,131 - 52,691 Total adjustments 1,948,121 403,583 607,047 Net cash provided (used) by operating activities $ 1,444,359 $ (46,272) $ (3,640) Reconciliation of total cash and cash equivalents: Current assets - cash and cash equivalents $ 678,751 $ 576,720 $ 256,696 Restricted assets - cash and cash equivalents: 503,260 684,768 - Total cash and cash equivalents $ 1,182,011 $ 1,261,488 $ 256,696 Noncash investing, capital and financing activities: Increase (decrease) in fair value of assets $ 356 $ 494 $ 55 Contributions of capital assets 1,852,377 - 45,059 Refunding bond issue - 4,114,508 - See accompanying notes to basic financial statements. 42 Governmental Activities — Intemal Totals Service Funds $ 9,670,021 $ 7,064,171 (4,674,613) (5,924,914) (3,600,961) (1,305,792) 1,394,447 (166,535) 1,905,377 2,297,775 (950,004) (13,661) 955,373 2,284,114 758,532 - 101,772 - (2,313,589) (801,779) 131,200 - (787,500) - (321,422) - (2,562,207) (670,579) 41,433 37,347 (3,943,183) (4,060,067) 4,772,543 4,761,916 870,793 739,196 658,406 2,186,196 2,041,789 3,702,493 $ 2,700,195 $ 5,888,689 $ (1,564,304) $ (896,637) 2,557,163 809,241 (132,608) (929) 79 1,982 (71,059) - 21,013 3,052 (72,081) (75,031) 641 (321) 246,102 - 7,391 - 6,991 (7,892) 116,297 - 278,822 - 2,958,751 730,102 $ 1,394,447 $ (166,535) $ 1,512,167 $ 5,888,689 1,188,028 - $ 2,700,195 $ 5,888,689 $ 905 $ 778 1,897,436 42,268 4,114, 508 - 43 F _.L . � i O ca gy ....• ,.k ,--- A,.., , � � ,m CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 1. Summary of significant accounting policies A. General Statement The City of La Porte, Texas (the "City "), was incorporated on August 10, 1892, and operates under a "Council — Manager" form of government and provides the following services as authorized by its charter: public safety, development services, public health and welfare, culture and recreation and waterworks. The accounting and reporting policies of the City relating to the funds included in the accompanying basic financial statements conform to U.S. Generally Accepted Accounting Principles (GAAP) applicable to state and local governments which include those principles prescribed by the Governmental Accounting Standards Board (GASB), the American Institute of Certified Public Accountants and the Financial Accounting Standards Board. The more significant accounting policies of the City are described below. B. Financial Reporting Entity The City's basic financial statements include the accounts of all City operations. The City, with its elected governing body of mayor and eight council members, is considered a primary government. As required by generally accepted accounting principles, the basic financial statements include the City and its component units, entities for which the government is considered to be financially accountable. Blended component units, although legally separate entities, are, in substance, part of the government's operations. All component units have been included as blended component units because of the significance of their operational and financial relationships with the City. The La Porte Area Water Authority (the "Authority ") is governed by a five - member board appointed by the City Council. Although it is a legally separate entity, the Authority provides services almost exclusively for the City's water operations, and is in substance a part of the City's primary operations. The Authority was created by the City to finance the operations involved in obtaining surface water supplies and converting these supplies to potable water. This water is sold primarily to the City of La Porte (86 %) with the remainder being sold to other neighboring political subdivisions. The operations of the Authority are reported as a proprietary fund type. The Tax Increment Reinvestment Zone One (the "Zone ") is governed by a nine - member board appointed by the City Council. The Zone provides benefits exclusively for the City through reinvestment financing of ad valorem taxes, which are utilized for capital improvements for the City of La Porte. The Zone is presented as a governmental fund type. The Section 4B Sales Tax corporation provides services that exclusively benefit the City of La Porte and is governed by a seven - member board appointed by City Council. The Section 4B Sales Tax Corporation is presented as a governmental fund type. Complete financial statements for each of the individual component units may be obtained through the City of La Porte. C. Basis of Presentation Government Wide Statements: The government -wide financial statements (i.e. the statement of net assets and the statement activities) report information on all of the nonfiduciary activities of the City, including the component units. As a general rule the effect of interfund activity has been removed from these statements. Exceptions to this general rule are payments reasonably equivalent in value to the interfund services provided and other charges between the City's various functions of the government. Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Governmental activities, which are normally supported by taxes and intergovernmental revenues, are reported separately from business -type activities, which rely significantly on fees and charges for support. 45 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 1. Summary of significant accounting policies — Continued The statement of activities demonstrates the degree to which the direct expenses of a given program or function is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific program or function. Program revenues include 1) charges to customers or applicants who purchase, use or directly benefit from goods, services or privileges provided by a given program or function and 2) operating or capital grants and contributions that are restricted to meeting the operational or capital requirements of a particular program or function. Taxes and other items not properly included among program revenues are reported instead as general revenues. The accounts of the City are organized on the basis of funds each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Government resources are allocated to and accounted for in individual funds based on the purposes for which they are to be spent and the means by which spending activities are controlled. Individual funds summarized in the accompanying financial statements are classified below. Fund Financial Statements: The City segregates transactions related to certain functions or activities in separate funds in order to aid financial management and to demonstrate legal compliance. Separate statements are presented for governmental and proprietary activities. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Governmental funds are those through which most governmental functions typically are financed. The measurement focus of governmental funds is on the sources, uses and balance of current financial resources. The City has presented the following major governmental funds: (a) General Fund - is the main operating fund of the City. This fund is used to account for all financial resources not accounted for in other funds. All general tax revenues and other receipts that are not restricted by law or contractual agreement to some other fund are accounted for in this fund. General operating expenditures, fixed charges and capital improvement costs that are not paid through other funds are paid from the General Fund. (b) 2010 Certificate of Obligation Fund - this fund is used to account for the proceeds and expenditures related to street, drainage and park improvements. (c) Capital Projects Fund - This fund is used to account for capital projects that are normally small in nature and generally effect the general operation of the city. 46 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 1. Summary of significant accounting policies — Continued Proprietary Funds are accounted for using the economic resources measurement focus and the accrual basis of accounting. The accounting objectives are determinations of net income, financial position and cash flow. All assets and liabilities are included on the Statement of Net Assets. Proprietary funds distinguish operating revenues and expenses from non - operating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. Operating expenses for the proprietary funds include the cost of personal and contractual services, supplies and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as non - operating revenues and expenses. The City reports the following major proprietary funds: (a) Utility Fund — is used to account for the provision of water and sewer services to the residents of the City. All activities necessary to provide such services are accounted for in this fund, including, but not limited to administration, operations and maintenance of the water and sewer system and billing and collection activities. The fund also accounts for the accumulation of resources for, and the payment of, long -term debt principal and interest for water and sewer debt. All costs are financed through charges to utility customers with rates reviewed regularly and adjusted if necessary to ensure integrity of the fund. (b) La Porte Area Water Authority Fund — is used to account for revenues and expenses related to obtaining raw surface water and converting it to potable water to be sold to La Porte and neighboring cities. Additionally, the City reports the Internal Service Funds which are used to account for the Motor Pool, Technology and Insurance services provided to other departments of the City on a cost reimbursement basis. D. Measurement Focus and Basis of Accounting Measurement focus refers to what is being measured; basis of accounting refers to when revenues and expenditures are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurement made, regardless of the measurement focus applied. The government -wide financial statements and fund financial statements for proprietary funds are reported using the economic resources measurement focus and the accrual basis of accounting. The economic resources measurement focus means all assets and liabilities (whether current or non - current) are included on the statement of net assets. The operating statements present increases (revenues) and decreases (expenses) in net total assets. Under the accrual basis of accounting, revenues are recognized when they are earned. Expenses are recognized at the time the liability is incurred. Unbilled water and wastewater utility service receivables are accrued as revenues and reflected in the financial statements. Private sector standards of accounting and financial reporting issued prior to December 1, 1989, generally are followed in both the government wide and proprietary fund financial statements to the extent that those standards do not conflict with or contradict guidance of the Governmental Accounting Standards Board. The city has the option of following subsequent private sector guidance for business type activities and enterprise funds, subject to this same limitation. The city has elected not to follow subsequent private sector guidance. 47 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 1. Summary of significant accounting policies — Continued Governmental fund financial statements are reported using the current financial resources measurement focus and are accounted for using the modified accrual basis of accounting. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual; i.e., when they become both measurable and available. "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the current fiscal period. Most revenue sources are recorded as revenues when received in cash because they are generally not measurable until actually received. The revenues susceptible to accrual are property taxes, sales taxes, hotel taxes, franchise fees, interest income and intergovernmental revenues. A one -year availability period is used for recognition of all other Governmental Fund revenues. Expenditures are recorded when the related fund liability is incurred. However, debt service expenditures, as well as expenditures related to compensated absences are recorded only when payment is due. E. Budgetary Information Annual budgets are adopted on a basis consistent with generally accepted accounting principles. Annual appropriated budgets are adopted for the general, special revenue funds and debt service funds. All annual appropriations lapse at fiscal year -end. Project length financial plans are adopted for all capital projects funds and are revised annually. The City uses the following procedures in establishing the budgets reflected in the financial statements: 1. Prior to September, the City Manager submits to the City Council a proposed operating budget for the fiscal year commencing on the following October 1. The operating budget includes proposed expenditures and the means of financing them. 2. A public hearing is conducted to obtain taxpayer comments. 3. Prior to September 30, the budget is legally enacted through passage of an ordinance. 4. The legal level for expenditure (expense) budget control is the Fund Level. The directors are given latitude to transfer budget funds within their departments, with the exception of personnel services. City Council approves changes between departments as well as amendments to the budget during the year as may be required. 5. Formal budgetary integration is employed as a management control device during the year for the General Fund and Proprietary Funds. Formal budgetary integration is not employed for the Debt Service Fund and Capital Projects Funds because effective budgetary control is alternatively achieved through bond indenture provisions and legally binding construction contracts, respectively. 6. The budget for the General Fund and Special Revenue Funds are adopted on a basis consistent with GAAP. Budgets for the Proprietary Funds are utilized for planning, control and evaluation purposes. They are adopted on a basis consistent with GAAP except that bond principal payments and capital asset acquisitions are treated as expenditures. 7. Budgeted amounts are amended by the City Council during the year. Individual amendments were not material in relation to the original appropriations, which were amended. Encumbrances represent commitments related to unperformed contracts for goods or services. Encumbrance accounting — under which purchase orders, contracts and other commitments for the expenditure of resources are recorded to reserve that portion of the applicable appropriation — is utilized in the governmental funds throughout the year. Encumbered amounts lapse at year -end. However, encumbrances generally are reappropriated as part of the following year's budget. 48 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 1. Summary of significant accounting policies — Continued F. Cash and Investments Cash includes amounts in demand deposits, short-term investments, which mature within ninety days of the fiscal year end, and various petty cash funds. The short-term investments are stated at cost or amortized cost, which approximate fair value. The short-term investments consist of U.S. Treasury Bills and deposits in the Texas Local Government Investment Pool (TexPool), the Local Government Investment Cooperative (LOGIC) and Texas Short Term Asset Reserve Program (TexStar) all of which have the general characteristics of a demand deposit account. For purpose of the statement of cash flows, Proprietary Fund types consider temporary investments with a maturity of three months or less when purchased to be cash equivalents. In accordance with Statement No. 31, the City reports all investments at fair value, except for "money market investments" and "2a7 -like pools ". Money market investments, which are short-term highly liquid debt instruments that may include U.S. Treasury and agency obligations, are reported at amortized costs. Investment positions in external investment pools that are operated in a manner consistent with the SEC's Rule 2a7 of the Investment Company Act of 1940, such as TexPool, LOGIC and TexStar are reported using the pools' share price. G. Receivables Receivables as of year -end of the government's individual major and non -major funds and internal service funds, including the applicable allowances for uncollectible accounts, are as follows: Fund Taxes Intergovernmental Interest Other Accounts Total General $ 1,932,409 $ - $ 1,565 $ - $ 2,421,241 $ 4,355,215 Capital Projects - - 1,057 - - 1,057 Nonmajorgovernmental 747,479 672,208 1,130 61,955 - 1,482,772 Utility - - 228 - 940,815 941,043 La Porte Area Water Authority - - 265 - 167,816 168,081 Nonmajor enterprise - - 37 - 5,122 5,159 Internal service funds - - 870 121,177 - 122,047 Gross Receivables 2,679,888 672,208 5,152 183,132 3,534,994 7,075,374 Less: allowance for uncollectibles (703,699) - - - (649,235) (1,352,934) Net total receivables $ 1,976,189 $ 672,208 $ 5,152 $ 183,132 $ 2,885,759 $ 5,722,440 49 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 1. Summary of significant accounting policies — Continued Governmental funds reported unearned revenue in connection with receivables for revenues that are not considered to be available to liquidate liabilities of the current period. Revenue recognition is also deferred in connection with resources that have been received, but not yet earned in the proprietary funds. At the end of the current fiscal year, the various components of deferred revenue and unearned revenue reported in the governmental and proprietary funds were as follows: Unavailable Unearned Nonmajor General Governmental General Total Delinquent property taxes receivable $ 197,719 $ 62,790 $ - $ 260,509 Court fines 136,772 - - 136,772 Emergency medical services 896,000 - - 896,000 Mowing and demolition services 403,767 - - 403,767 Hotel taxes - 45,534 - 45,534 Intergovernmental services - - 112,344 112,344 Grant revenues - 250 - 250 Miscellanous 3,690 - - 3,690 Total deferred / uneamed revenue $ 1,637,948 $ 108,574 $ 112,344 $ 1,858,866 H. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amount of assets and liabilities and the disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues, expenditures, and expenses during the reporting period. Actual results may differ from those estimates. I. Indirect Expense Allocations It is the policy of the City not to allocate indirect expenses to various functions in the Government -wide Statement of Activities. J. Restricted Assets The City applies restricted resources when an expense is incurred for purposes for which both restricted and unrestricted net assets are available. K. Inventories Inventories consist of material and supplies and are valued at cost (first -in, first -out). Inventories for all funds consist of expendable supplies held for consumption and the cost thereof is recorded as an expenditure at the time individual inventory items are issued. Reported inventories in the Governmental Funds are offset by a fund balance reserve, which indicates they are unavailable for appropriation even though they are a component of net current assets. L. Interfund Transactions Transactions between funds that would be treated as revenues, expenditures or expenses if they involved organizations external to the governmental unit are accounted for as revenues, expenditures or expenses in 50 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 1. Summary of significant accounting policies — Continued the funds involved. Transactions, which constitute reimbursement to a fund for expenditures or expenses initially made from that fund, which are properly attributable to another fund, are recorded as expenditures or expenses in the reimbursing fund and as reductions of the expenditure or expense in the fund that is reimbursed. All other legally authorized transfers are treated as transfers and are included in the results of operations of both Governmental and Proprietary Funds. M. Capital Assets Capital assets, which include property, plant, equipment and infrastructure assets, are reported in the applicable governmental or business -type activities columns in the government -wide financial statements and in the fund financial statements for proprietary funds. Capital assets are defined by the government as assets with an initial unit cost of $5,000 or more and an estimated useful life exceeding two years. Such assets are recorded at historical cost or estimated historical cost if actual historical cost is not available. Donated capital assets are recorded at their fair market value on the date donated. Repairs and maintenance that do not add to the value of the asset or extend assets lives are recorded as expenses. Interest cost during construction is capitalized when the effect of capitalization materially impact the financial statements. During the year ended September 30, 2010, no interest costs were capitalized. Property, plant and equipment of the primary government, as well as the component units, are depreciated using the straight line method over the following estimated useful lives: Buildings 20 years Water and Sewer System 20 — 40 years Infrastructure 20 — 30 years Machinery and Equipment 4 — 10 years Improvements 20 years N. Compensated Absences The City's employees earn vacation and sick leave, which may either be taken or accumulated, up to certain amounts, until paid upon termination or retirement. For all funds, this liability reflects amounts attributable to cumulative employee services already rendered, where the payment is probable and can be reasonably estimated. The current and long -term portions of the governmental fund type liabilities are recorded in the Government -Wide Statement of Net Assets. The proprietary fund type liability is recorded as a liability in the individual proprietary funds since payment of this liability will be made from resources of these funds. Also, for the governmental activities, compensated absences are generally liquidated by the general fund. Policies relating to the accrual and payment of these benefits are as follows: • Vacation — Employees earn from 10 to 25 days of vacation per year. Upon separation, employees are paid for all accumulated vacation leave (up to one and one half times their annual accrual rate). • Sick Leave — Full time 8 hour employees accrue 3.70 hours per pay period. Full time 24 hour employees accrue 5.91 hours per pay period and civil service employees accrue 15 days per calendar year. The maximum sick leave time which may be accumulated by any employee shall be 90 days for regular full time employees. For 24 hour shift personnel, the maximum accrual is 1,152 hours. Civil service employees may accrue unlimited sick leave. 51 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 1. Summary of significant accounting policies — Continued The liability for compensated absences at September 30, 2010 is comprised of the following: Governmental Business Type Total Vacation $ 1,059,085 $ 178,211 $ 1,237,296 Sick Leave 2,139,328 199,369 2,338,697 Total All Funds $ 3,198,413 $ 377,580 $ 3,575,993 O. Long -term Obligations In the government -wide financial statements and proprietary fund types in the fund financial statements, Tong -term debt and other long -term obligations are reported as liabilities in the applicable governmental activities, business -type activities or proprietary fund type statement of net assets. Bond premiums and discounts, as well as issuance costs, are deferred and amortized over the life of the bonds using the straight -line method. Bonds payable are reported net of the applicable bond premium or discount. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. P. Reservations of Fund Balances The fund balance reserves for revenue bond retirement and construction, inventory and debt service are discussed in Notes 5 and 1(K), respectively. Other reserves of funds are for the Municipal Court Building Security Fees and Municipal Court Technology Fees, park zone, confiscated funds, animal control and judicial fund, child safety fees and law enforcement training. Q. Net Assets Net assets represent the difference between assets and liabilities. Net assets invested in capital assets, net of related debt consists of capital assets, net of accumulated depreciations, reduced by the outstanding balances of any borrowing used for the acquisition, construction or improvements of those assets and adding back unspent proceeds. Net assets are reported as restricted when there are limitations imposed on their use either through the enabling legislations adopted by the city or through external restrictions imposed by creditors, grantors or laws or regulations of other governments. 2. Cash, Cash Equivalents and Investments Cash and Cash Equivalents The City reports cash and cash equivalents in the City's statement of cash flows for Proprietary Fund Types and in all other financial statements of financial position. The City considers cash and cash equivalents to be cash on hand, demand deposits, certificates of deposit, balances in privately managed public funds investment pools and money market mutual funds. Investments Investments consist of balances in privately managed public funds investment pools, money market mutual funds and investments in United States (US) Agency securities. The City reports all investments at fair value based on quoted market prices at year -end date. The Texas Public Funds Investment Act (PFIA), as prescribed in Chapter 2256 of the Texas Government Code, regulates deposits and investment transactions of the City. 52 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 2. Cash, Cash Equivalents and Investments - Continued In accordance with applicable statutes, the City has a depository contract with an area bank (depository) providing for interest rates to be earned on deposited funds and for banking charges the City incurs for banking services received. The City may place funds with the depository in interest and non - interest bearing accounts. Statutes and the depository contract require full security for all funds in the depository institution through federal depository insurance or a combination of federal depository insurance and acceptable collateral securities and /or an acceptable surety bond. The City requires the depository to place the collateral securities with an independent trustee institution. The depository is required to deliver the safekeeping receipts to the City. In accordance with Texas statutes, the safekeeping receipts are in the name of the depository with proper indication of pledge of the collateral securities by the depository to secure funds of the City. The City must approve all collateral securities pledged and also must approve in writing any changes to the pledged collateral securities. The City has adopted a written investment policy regarding the investment of its funds as defined by the PFIA. The PFIA also requires the City to have independent auditors perform test procedures related to investment practices as provided by the Act. The City complies with the requirements of the Act and with local policies. The City's investment policy permits investment of City funds in only the following investment types, consistent with the strategies and maturities defined in the policy: • Obligations of the U.S., its agencies and instrumentalities. D Direct obligations of the State of Texas or its agencies. D Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States. D Other obligations, the principal and interest on which are unconditionally guaranteed or insured by, or backed by full faith and credit of the State of Texas or the United States or their agencies and instrumentalities. D Obligations of states, agencies, counties, cities and other political subdivisions of any state having been rated as to the investment quality by a nationally recognized investment firm and having received a rating of not less than A or its equivalent. D Certificates of Deposit issued by state and national banks or savings and on associations that have its main office or branch office in this state are: a. guaranteed or insured by the Federal Deposit Insurance Corporation; or b. secured by obligations that are described in 1 -5 above, which are intended to include all direct federal agency or instrumentality issued mortgage backed securities that have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposit of the investing entities. D Certificates of Deposit and share certificates issued by a state or federal credit union that have its main office or branch office in this state that are guaranteed or insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, or are secured as to principal by obligations described in 1 through 5 above in any other manner and amount provided by law for the City deposits. D Fully collateralized repurchase agreements having a defined termination date, secured by obligations of the United States, its agencies or instrumentalities, pledged with a third party selected or approved by the political entity, and placed through a primary government securities dealer, as by the Federal Reserve or through a financial institution domiciled in the State of Texas. • Prime domestic banker's acceptances, defined as a banker's acceptance with a remaining term of 270 days or less, if the short-term obligations of the accepting bank or its parent are rated at least "A -1" or "P -1" or equivalent by at least one nationally recognized credit rating agency. D. Commercial paper that is rated at least "A -1" or "P -1" or the equivalent by either (a) two nationally recognized credit agencies or (b) one nationally recognized credit rating agency if the paper is fully secured by an irrevocable letter of credit issued by a U.S. or State bank. D SEC - registered no -load money market mutual fund (MMMF), with a dollar weighted average portfolio maturity of 90 days or less, includes in their investment objectives the maintenance of a stable net asset value of $1 for each share. 53 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 2. Cash, Cash Equivalents and Investments - Continued ➢ SEC - registered, no -load money market mutual funds (MMMF) that have an average weighted maturity of Tess than two years, invests exclusively in obligations described above and are continuously rated as to investment quality by at least one nationally recognized investment rating firm of no less than "AAA" or its equivalent. ➢ Authorized government investment pools that invest solely in obligations of any of the above investments provided that the pools are rated no lower than "Aaa" or "AAA" or an equivalent by at least one nationally recognized rating service. Deposit and Investment Amounts At year -end, the City recorded cash on hand, demand deposits, certificates of deposit, balances in privately managed public funds investment pools, money market mutual funds, and investments stated at fair value of $55,426,991. The following schedule shows the City's recorded cash and investments at year -end: Deposits and Cash Pooled Funds Investments Total General $ 893,364 $ 9,252,991 $ 3,336,264 $ 13,482,619 Debt Service 205,260 2,118,740 773,784 3,097,784 Capital Projects 1,431,318 16,910,116 3,259,933 21,601,367 Special Revenue Funds 781,571 2,622,237 1,066,037 4,469,845 Total Governmental Funds 3,311,513 30,904,084 8,436,018 42,651,615 Internal Service Funds 520,101 5,368,588 1,960,660 7,849,349 Total Governmental Activities 3,831,614 36,272,672 10,396,678 50,500,964 Enterprise 326,398 2,320,946 2,278,683 4,926,027 Total $ 4,158,012 $ 38,593,618 $ 12,675,361 $ 55,426,991 Quoted market prices are the basis of the fair value for US Agency securities and commercial paper. The amount of increase or decrease in the fair value of investments during the current year is included in the City's investment income as follows: Interest income $ 334,682 Net increase (decrease) in fair value of investments 5,016 Total investment income $ 339,698 Investment Risks At year -end, the City had the following investments, shown below for all funds by investment type: Investment Type Fair Value Public funds investment pools $ 38,593,618 Certificates of deposit 10,623,069 US Agency securities 2,000,000 Total $ 51,216,687 54 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 2. Cash, Cash Equivalents and Investments - Continued Interest Rate Risk At year -end, the City had the following investments subject to interest rate risk disclosure, under U.S. generally accepted accounting principles, by investment type: Fair Weighted Average Value Maturity (Months) Public funds investment pools $38,593,618 2.37 Federal Home Loan Bank (FHLB) 2,005,016 0.97 Total fair value $40,598,634 Portfolio weighted average maturity 3.35 The City's investment policy specifies the maximum stated maturity, from the date of purchase; for any individual investment may not exceed 5 years and the maximum dollar- weighted average maturity for the pooled fund group (investment portfolio) may not exceed 2 years. Concentration of Credit Risk The policy does require investments to be staggered in a way that protects interest income from the volatility of interest rates. The policy has not established limitations on percentages of total portfolio that may be invested in securities other than repurchase agreements, Treasury bills and notes or insured and collateralized Certificates of Deposits. Percentage of Total Investment Type Fair Value Portfolio Investment Pools $ 38,593,618 70% Certificates of deposit 10,623,069 25% US Agency Securities 2,005,016 5% $ 51,221,703 100% Credit Risk At year -end balances in TexPool, a privately managed public funds investment pool was rated AAAm by Standard & Poor's, balances in TexStar, a privately managed public funds investment pool was rated AAAm by Standard & Poor's and balances in Logic, a privately managed public funds investment pool was rated AAAm by Standard and Poor's. Federal Home Loan Bank (FHLB) agency notes were rated AAA by Standard & Poor's, and AAA by Moody's Investors Service. All credit ratings met acceptable levels required by legal guidelines prescribed in both the PFIA and the City's investment policy. Legal guidelines require an Al rating by Standard & Poor's and a P -1 rating by Moody's Investors Service for investments in commercial paper. 55 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 3. Property tax The appraisal of property within the City is the responsibility of the Harris County Appraisal District (the "Appraisal District "). The Appraisal District is required under the Property Tax Code to appraise all property within the county on the basis of 100% of its market value. The value of real property within the Appraisal District must be reviewed every five years; however, the City may, at its own expense, require annual reviews of appraised values. The City may challenge appraised values established by the Appraisal District through various appeals and, if necessary, take legal action. Under this legislation, the City continues to set tax rates on City property. However, if the effective tax rate, excluding tax rates for repayment of general obligation bonds and other contractual obligations, adjusted for new improvements, exceeds the effective tax rate and the rollback rate tax rate, qualified voters of the City may petition for an election to determine whether to limit the tax rate to no more than the rollback tax rate. The City's property taxes are levied annually in October on the basis of the Appraisal District's assessed values as of January 1 of that calendar year. Appraised values are established by the Appraisal District at market value, assessed at 100% of appraised value and certified by the Harris County Appraisal District Board of Review. The City's property taxes are billed and collected by the City's Tax Assessor /Collector. Such taxes are applicable to the fiscal year in which they are levied and become delinquent with an enforceable lien on property on February 1 of the current calendar year. The City is permitted, by Article XI, Section 5, of the State of Texas Constitution and the City Charter, to levy property taxes up to $2.50 per $100 of assessed valuation for general governmental services. Within the $2.50 maximum levy, there is no legal limit upon the amount of property taxes, which can be levied for debt service. The property tax rates to finance general governmental services and debt service for the 2009 -10 tax year were $0.619 and $0.091, respectively, per $100 of assessed valuation. The 2010 assessed value and total tax levy as adjusted through September 30, 2010 were $2,329,926,727 and $16,542,483 respectively. The City has enacted an ordinance providing for the exemption of twenty percent (20 %) of the assessed value of residential homesteads plus and additional $60,000 for persons 65 years of age or older for property taxes. An exemption of $60,000 is allowed for disabled persons on homesteads and up to $12,000 is allowed for disabled veterans on any one piece of property. Additionally, the market value of agricultural land is reduced to agricultural value for purposes of the City's tax levy calculation. 56 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 4. Capital Assets Capital asset activity for the year ended September 30, 2010 was as follows: Beginning Ending Balance Retirements & Balance 10/01/09 Additions Adjustments 09/30/10 Governmental activities: Capital assets, not being depreciated: Land $ 9,703,983 $ 39,671 $ (43,844) $ 9,699,810 Construction in progress 5,565,123 3,216,745 (4,087,050) 4,694,818 Total capital assets, not being depreciated 15,269,106 3,256,416 (4,130,894) 14,394,628 Capital assets, being depreciated: Buildings and improvements 34,668,088 225,798 (63,982) 34,829,904 Improvements other than buildings 9,223,362 4,408,113 3,758,722 17,390,197 Infrastructure 33,943,387 459,654 344,219 34,747,260 Machinery and equipment 15,756,882 1,217,916 (1,769,095) 15,205,703 Total capital assets being depreciated 93,591,719 6,311,481 2,269,864 102,173,064 Less accumulated depreciation for: Buildings and improvements 12,770,732 1,466,957 (14,511) 14,223,178 Improvements other than buildings 5,658,749 471,891 (93,779) 6,036,861 Infrastructure 18,396,965 1,428,358 (91) 19,825,232 Machinery and equipment 9,500,921 1,156,008 (1,659,448) 8,997,481 Total accumulated depreciation 46,327,367 4,523,214 (1,767,829) 49,082,752 Total capital assets, being depreciated, net 47,264,352 1,788,267 4,037,693 53,090,312 Governmental activities capital assets, net $ 62,533,458 $ 5,044,683 $ (93,201) $ 67,484,940 57 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 4. Capital Assets — Continued Beginning Ending Balance Retirements & Balance 10/01/09 Additions Adjustments 09/30/10 Business -type activities: Capital assets, not being depreciated: Land $ 2,308,777 $ - $ - $ 2,308,777 Construction in progress 10,100,895 1,864,793 (6,910,688) 5,055,000 Total capital assets, not being depreciated 12,409,672 1,864,793 (6,910,688) 7,363,777 Capital assets, being depreciated Buildings and improvements 1,172,730 - (383,586) 789,144 Improvements other than buildings 76,569,644 771,025 6,531,564 83,872,233 Machinery and equipment 530,564 63,339 - 593,903 Total capital assets, being depreciated 78,272,938 834,364 6,147,978 85,255,280 Less accumulated depreciation for: Buildings and improvements 894,323 27,598 (351,921) 570,000 Improvements other than buildings 42,783,553 2,502,268 - 45,285,821 Machinery and equipment 355,872 27,297 - 383,169 Total accumulated depreciation 44,033,748 2,557,163 (351,921) 46,238,990 Total capital assets, being depreciated net 34,239,190 (1,722,799) 6,499,899 39,016,290 Business -type activities capital assets, net $ 46,648,862 $ 141,994 $ (410,789) $ 46,380,067 58 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 4. Capital Assets — Continued Depreciation expense was charged to functions /programs of the primary government as follows: Governmental activities: General government $ 507,743 Public safety 1,027,322 Public works 1,513,097 Culture and recreation 665,811 Capital assets held by the government's internal service funds are charged to the various functions based on their usage of the assets 809,241 Total depreciation expense - governmental activities $ 4,523,214 Business -type activities: Water & sewer services $ 2,260,881 Airport 165,071 Golf course 131,211 Total depreciation expense - business -type activities $ 2,557,163 The City has active construction projects as of September 30, 2010. Total accumulated commitments for ongoing capital projects are composed of the following: Remaining Construction Contract In Progress Balance Utility Capital Projects Fund $ 4,769,064 $ 111,830 Hotel /Motel Occupancy Tax Fund 52,316 - LPAWA 123,680 12,500 TIRZ 201,170 - General CIP 3,625,002 2,662,801 S1998 General Obligation Bonds 475,452 9,898 S2004 Cert of Oblogation Bonds 242,891 - S2005 Cert. of Obligation Bonds 58,511 72,902 S2006 Cert. of Obligation Bonds 162,255 560,679 S2006 GO Bonds 97,986 1,418,108 S2007 Cert of Obligation Bonds - 4,538 Total $ 9,808,327 $ 4,853,256 59 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 5. Long Term Liabilities At September 30, 2010 bonds payable consisted of the following individual issues: Governmental Business -type • 2002 Limited Tax Bonds $ 4,050,000 $ - due in annual installments of $270,000 through March 15, 2025; interest at 4.25% to 5 %; $5,400,000 issued for wastewater treatment plant and fire station improvements. • 2004 Certificates of Obligation 5,890,000 - due in annual payments through March 15, 2025; interest at 3.6% to 4.45% $7,000,000 issued for paving and drainage improvements, street extension and and acquisition. • 2005 General Obligation Serial Bonds 6,310,000 - due in annual payments through March 15, 2025; interest at 3.75% to 4.25% $7,675,000 issued to construct a police facility. • 2005 Certificates of Obligation 1,475,000 - due in annual payments through March 15, 2015; interest at 2.8% to 3.8% $1,800,000 issued for water and sewer improvements and fire truck. • 2006 Public Property Finance Contractual Obligation - 1,575,000 due in annual payments through January 25, 2016; interest at 3.74% $2,625,000 issued for automated meter replacement program. • 2006 General Obligation Serial Bonds 1,060,000 - due in annual payments through March 15, 2005; interest at 3.625% to 4.25% $1,200,000 issued for park improvments. • 2006 Certificates of Obligation 5,095,000 - due in annual payments through March 15, 2025; interest at 3.75% to 4.3% $5,765,000 issued for police facility, sports and water and sewer improvements • 2007 Certificates of Obligation 7,625,000 - due in annual payments through March 15, 2029; interest at 4.00% to 4.25% $8,075,000 issued for wastewater treatment plant improvements, sports complex and golf cart path improvements. • 2010 Certificates of Obligation 6,265,000 - due in annual payments through March 15, 2026; interest at 3.00% to 4.00% $6,265,000 issued for street, drainage and park improvements • 2010 General Obligation Refunding Bonds 4,295,000 - due in annual payments through March 15, 2020; interest at 2.00% to 4.00% $4,295,000 issued to refund previous debt. • 2010 LPAWA Contract Revenue Refunding Bonds - 4,085,000 due in annual payments through March 15, 2017; interest at 2.50% to 4.00% $4,085,000 issued to refund debt. Total Bonds Payable $ 42,065,000 $ 5,660,000 60 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 5. Long Term Liabilities - Continued Changes in Outstanding Debt - Transactions for the year ended September 30, 2010 are summarized as follows: Balance Issues Balance October 1, or Payments or September 30, Due within 2009 Additions Expenditures 2010 one year Governmental Type Activities General obligation bonds $ 15,190,000 $ 4,295,000 $ 3,770,000 $ 15,715,000 $ 995,000 Certificates of obligation 22,445,000 6,265,000 2,360,000 26,350,000 1,070,000 Premium on debt issues 302,015 224,008 47,400 478,623 - Compensated absences 2,964,115 304,841 70,543 3,198,413 149,000 Net pension obligation 554,740 3,200,285 2,447,854 1,307,171 - Net OPEB obligation 1,554,831 2,119,529 458,254 3,216,106 - Arbitrage 304,474 - - 304,474 94,797 Retainage payable 102,447 - 102,447 - - Total governmental type activities 43,417,622 16,408,663 9,256,498 50,569,787 2,308,797 Business Type Activities Revenue bonds 4,605,000 4,085,000 4,605,000 4,085,000 585,000 Public property finance contractual obligation 1,837,500 - 262,500 1,575,000 262,500 Refunding gain - 13,212 - 13,212 - Premium on bonds - 111,846 - 111,846 - Compensated absences 370,588 16,181 9,189 377,580 30,000 Net pension obligation 87,652 520,978 404,681 203,949 - Net OPEB obligation 265,031 359,452 80,630 543,853 - Total business type activities 7,165,771 5,106,669 5,362,000 6,910,440 877,500 Total of all activities $ 50,583,393 $ 21,515,332 $ 14,618,498 $ 57,480,227 $ 3,186,297 General Obligation Bonds and Certificates of Obligation - General Obligation Bonds are direct obligations issued on a pledge of the general taxing power for the payment of the debt obligations of the City. General Obligations Bonds and Certificates of Obligation require the City to compute, at the time other taxes are levied, the rate of tax required to provide (in each years bonds are outstanding) a fund to pay interest and principal at maturity. The City is in compliance with this requirement. Arbitrage provisions of the Internal Revenue Tax Act of 1986 require the City to rebate excess arbitrage earnings from bond proceeds to the federal government. A liability of $94,797 has been determined to be due in fiscal 2011 and an allowance has been created as a safe harbor in anticipation of future rebate calculations. As provided for by the bond indentures, this amount has been recorded as a liability in the governmental activities for the benefit of the federal government and will be paid as required by applicable regulations. Certain General Obligation Bonds and Certificate of Obligations Bonds are to be repaid by revenues of the proprietary funds. Also, for the govemmental activities, compensated absences are generally liquidated by the general fund and for business -type, compensated absences are paid from the utility fund. 61 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 5. Long Term Liabilities - Continued Revenue Bonds - Water and Sewer Revenue Bonds constitute special obligations of the City solely secured by a lien on and pledge of the net revenues of the water and sewer system. The Revenue Bonds are collateralized by the revenue of the water and sewer system and the various special funds established by the bond ordinances. The ordinances provide that the revenue of the system is to be used first to pay operating and maintenance expenses of the system and second to establish and maintain the Revenue Bond funds. Remaining revenues may then be used for any lawful purpose. The ordinances also contain provisions, which, among other items, restrict the issuance of additional Revenue Bonds unless the special funds noted above contain the required amounts and certain financial ratios are met. The City is in compliance with all significant financial requirements as of September 30, 2010. Below is a reconciliation of the various restricted cash and cash investments: Customer Deposits Payable $ 503,260 Debt Service 684,768 Total Restricted Cash and Cash Investments as of September 30, 2010 $ 1,188,028 In May 2010, the City refunded $4.375 million in general obligation and certificates of obligation debt and issued $4.295 million in certificates of obligation. The net carrying amount of the old debt and the reacquisition price were approximately the same amount. The transaction resulted in an economic gain of $345,083. On May 13, 2010 the La Porte Area Water Authority issued $4.085 million in Contract Revenue Refunding Bonds, Series 2010, with an average interest rate of 2.773 %. The refunded bonds were considered to be defeased. The net carrying amount of the old debt exceeded the price requisition by $13,212. This amount is being netted against the new debt and amortized over the remaining life of the refunded debt, which is shorter to the life of the new debt issued. The authority completed the current refunding to reduce its debt service payments over the next 7 years by $314,685 and to obtain an economic gain (difference between the present values of the old and new debt service payments) of $295,735. The bonds are payable from the net revenue of the Authority. The bonds are in $5,000 denominations. Interest on all bonds is payable on March 15 and September 15 of each year until maturity. The Authority is in compliance with all significant requirements and restrictions contained in the bond resolution. Also on May 13, 2010, the city issued new certificates of obligation totaling $6.265 million to provide funds for street, drainage and park improvements. These certificates have interest rates ranging from 3% to 4% and are payable in annual payments through March 15, 2026. 62 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 5. Long Term Liabilities - Continued Annual Requirements to Retire Debt Obligations - The annual aggregate maturities for each bond type for the years subsequent to September 30, 2010, are as follows: General Obligation Bonds Governmental Activities Business -type Activities Year Ending September 30 Principal Interest Principal Interest Total 2011 $ 995,000 $ 641,697 $ - $ - $ 1,636,697 2012 1,045,000 560,407 - - 1,605,407 2013 1,045,000 525,519 - - 1,570,519 2014 1,165,000 487,731 - - 1,652,731 2015 1,175,000 446,179 - - 1,621,179 2016 -2020 5,955,000 1,545,647 - - 7,500,647 2021 -2025 4,335,000 487,170 - - 4,822,170 Total $ 15,715,000 $ 4,694,350 $ - $ - $ 20,409,350 Certificate of Obligations Governmental Activities Business -type Activities Year Ending September 30 Principal Interest Principal Interest Total 2011 $ 745,000 $ 1,134,877 $ 262,500 $ 53,996 $ 2,196,373 2012 1,125,000 1,015,861 262,500 44,179 2,447,540 2013 1,245,000 972,926 262,500 34,361 2,514,787 2014 1,320,000 925,121 262,500 24,544 2,532,165 2015 1,385,000 873,161 262,500 14,726 2,535,387 2016 -2020 7,895,000 3,473,088 262,500 4,909 11,635,497 2021 -2025 9,900,000 1,634,378 - - 11,534,378 2026 -2029 2,735,000 200,137 - - 2,935,137 Total $26,350,000 $ 10,229,549 $ 1,575,000 $ 176,715 $38,331,264 Revenue Bonds Governmental Activities Business -type Activities Year Ending September 30 Principal Interest Principal Interest Total 2011 $ - $ - $ 585,000 $ 104,488 $ 689,488 2012 - - 605,000 88,150 693,150 2013 - - 625,000 73,556 698,556 2014 - - 630,000 58,650 688,650 2015 - - 650,000 41,838 691,838 2016 -2020 - - 990,000 29,250 1,019,250 Total $ - $ - $ 4,085,000 $ 395,932 $ 4,480,932 63 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 5. Long Term Liabilities — Continued Defeased Bonds Outstanding — The City defeased certain general obligation and revenue bonds by placing the proceeds of the new bonds in an irrevocable trust to provide for all future debt service payments on the old bonds. Accordingly, the trust account assets and the liability for the defeased bonds are not included in the City's financial statements. 6. Pension Benefits Plan Descriptions The City provides pension benefits for all of its eligible employees, except firefighters, through a non- traditional, joint contributory, hybrid defined benefit plan (the "Plan ") in the statewide Texas Municipal Retirement System (TMRS), an agent multiple - employer public employee retirement system. The plan provisions that have been adopted by the City are within the options available in the governing state statutes of TMRS. TMRS issues a publicly available comprehensive annual financial report that includes financial statements and required supplementary information (RSI) for TMRS; the report provides detailed explanation of the contributions, benefits and actuarial methods and assumptions used by the system. This report may be obtained by writing to TMRS, P.O. Box 149153, Austin, Texas 78714 -9153 or by calling 800 - 924 -8677; in addition, the report is available on TMRS' website at www.TMRS.com. In addition, the city provides pension benefits to its volunteer firemen through the Texas Statewide Emergency Services Personnel Retirement Fund, one of 150 administered by the Fire Fighters' Pension Commissioner, a cost sharing multiple employer pension system. That report may be obtained by writing to Firefighters Pension Commission, P.O. Box 12577, Austin, Texas 78711. Both Plans are more fully described below. Texas Municipal Retirement System The plan provisions are adopted by the governing body of the City, within the options available in the state statutes governing TMRS. Benefits depend upon the sum of the employee's contributions to the Plan, with interest, and the City financed monetary credits, with interest. At the date the Plan began, the city granted monetary credits for service rendered before the Plan began of a theoretical amount equal to two times what would have been contributed by the employee, with interest, prior to the establishment of the Plan. Monetary credits for service since the Plan began are a percentage (100 %, 150% or 200 %) of the employee's accumulated contributions. In addition, the City can grant annually another type of monetary credit referred to as an updated service credit which is a theoretical amount which, when added to the employee's accumulated contributions and the monetary credits for service since the Plan began, would be the total monetary credits and employee's contributions accumulated with interest if the employee's contribution rate and City's matching percentage had always been in existence and if the employee's salary had always been the average of his salary in the last three years and that are one year before the effective date. At retirement, the benefit is calculated as if the sum of the employee's accumulated contributions with interest and the employer - finance monetary credits with interest were used to purchase an annuity. Members can retire at ages 60 and above with 10 or more years of service or with 20 years of service regardless of age. The Plan also provides death and disability benefits. A member is vested after 10 years. 64 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 6. Pension Benefits — Continued The Plan provisions are adopted by the governing body of the City, within the options available in the state statutes governing the TMRS and within the actuarial constraints also in the statutes. Plan provisions for the City were as follows: Plan Year 2009 Plan Year 2010 Employee deposit rate 7.00% 7.00% Matching ratio (city to employee) 2 to 1 2 to 1 Years required for vesting 10 10 Service retirement eligibility (expressed as age /years of service) 60/10,0/20 60/10,0/20 Updated service credit 100% repeating, 100% repeating, transfers transfers Annuity increase (to retirees) 70% of CPI repeating 70% of CPI repeating Contributions Under the state law governing TMRS, the contribution rate for each City is determined annually by the actuary, using Projected Unit Credit actuarial cost method. This rate consist of the normal cost contribution rate and the prior service cost contribution rate, which is calculated to be a level percent of payroll from year to year. The normal cost contribution rate finances the portion of an active member's projected benefit allocated annually; the prior service contribution rate amortizes the unfunded (overfunded) actuarial liability (asset) over the applicable period for the city. Both the normal cost and prior service contribution rates include recognition of the projected impact of annually repeating benefits, such as Updated Service Credits and Annuity Increases. The City contributes to the TMRS plan at an actuarially determined rate. Both the employees and the City make contributions monthly. Since the City needs to know its contribution rate in advance for budgetary purposes, there is a one -year delay between the actuarial valuation that serves as the basis for the rate and the calendar year when the rate goes into effect. The annual pension cost and net pension obligation (asset) are as follows: Fiscal Year 2010 2009 2008 Annual required contribution (ARC) $ 3,712,311 $ 3,170,387 $ 2,033,168 Interest on net pension obligation 48,178 - - Adjustment to the ARC ( 39,226) - - Annual pension cost 3,721,263 3,170,387 2,033,168 Contributions made ( 2,852,535) ( 2,527,995) ( 2,033,168) Increase in net pension obligation 868,728 642,392 - Net pension obligation, beginning of year 642,392 - - Net pension obligation, ending of year $ 1,511,120 $ 642,392 $ - Percentage of ARC contribution 76.7% 79.7% 100.0% 65 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 6. Pension Benefits — Continued The required contribution rate for fiscal year 2010 was determined as part of the December 31, 2007 and 2008 actuarial valuations. Additional information as of the latest actuarial valuation, December 31, 2009, also follows: Actuarial Valuation Date 12/31/09 12/31/08 12/31/07 Actuarial cost method Projected Unit Credit Projected Unit Credit Projected Unit Credit Amortization method Level percent Level percent Level percent of payroll of payroll of payroll Remaining amortization period 28 years - closed 29 years - closed 30 years - closed Asset valuation method 10 year smoothed Amortized cost Amortized cost market Actuarial assumptions: Investment rate of return 7.5% 7.5% 7% varies by age varies by age varies by age Projected salary increases and service and service and service Inflation 3.0% 3.0% 3.0% Cost -of- living adjustments 2.1% 2.1% 2.1% Schedule of Funding Information The funded status as of December 31, 2009, is the most recent actuarial valuation date. The following schedule of funding progress presents multi -year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liability of benefits. Actuarial Valuation Date 12/31/09 12/31/08 12/31/07 Actuarial value of assets $ 52,637,477 $ 47,909,865 $ 49,108,552 Actuarial accrued liability 78,345,079 72,398,270 69,582,807 Percent funded 67.2% 66.2% 70.6% Unfunded (overfunded) actuarial accrued liability (UAAL) 25,707,602 24,488,405 20,474,255 Annual covered payroll 18,770,507 18,162,841 15,611,200 UAAL as a percentage of covered payroll 137.0% 134.8% 131.2% Texas Statewide Emergency Services Personnel Retirement Fund Summary of Significant Accounting Policies and Plan Asset Matters The Texas Statewide Emergency Services Personnel Retirement Fund financial statements are prepared using the accrual basis of accounting. The Fund's fiscal year is from September 1 through the following August 31. Contributions are recognized as revenues in the period in which they are due to the Fund. No contributions applicable to the H.B. 258 Texas Local Fire Fighters Retirement Act (TLFFRA) are included herein. The Texas Statewide Emergency Services Personnel Retirement Fund investments are reported at a smoothed market - related value. 66 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 6. Pension Benefits — Continued Plan Description The Fire Fighters' Pension Commission is the administrator of the Texas Statewide Emergency Services Personnel Retirement Fund, a cost sharing multiple employer pension system established and administered by the State of Texas to provide pension benefits for emergency services personnel who serve without monetary remuneration. The Texas Statewide Emergency Services Personnel Retirement Fund is considered a component unit of the State of Texas financial reporting entity and is included in the State's financial reports as a pension trust fund. At August 31, 2008 there were 186 member departments participating in the pension system. The following table summarizes the pension system membership as of August 31, 2008: Retirees and beneficiaries currently receiving benefits 1,939 Terminated members entitled to benefits but not yet receiving those 1,975 Current active members (vested and non - vested) 4,340 The pension system was created by Senate Bill 411, 65 Legislature, Regular Session (1977). The 79 Legislature, Regular Session (2005), recodified the provisions and gave the TESRS Board of Trustees authority to establish vesting requirements, contributions levels, benefit formulas, and eligibility requirements by board rule. The benefit provisions include retirement benefits as well as death and disability benefits. Member are 505 vested after the tenth year of service, with the vesting percent increasing 10% for each of the next five years of service so that a member becomes 100% vested with 15 years of service. Upon reaching age 55, each vested member may retire and receive a monthly pension equal to his vested percentage multiplied by six times the governing body's average monthly contribution over the member's years of qualified service. For years of service in excess of 15 years, this monthly benefit is increased at the rate of 6.2 % compounded annually. On and off -duty death benefits and on -duty disability benefits are dependent on whether or not the member was engaged in the performance of duties at the time of death or disability. Death benefits include a lump - sum amount and continuing monthly payments to a member's surviving spouse and dependent children. Funding Policy Contribution provisions were established by S.B. 411, 65 Legislative, Regular Session (1977) and were amended by board rule in 2006. No contributions are required by individual members of participating departments. The governing bodies of participating department members are required to contribute at least the minimum prescribed amount per month for each active member. Additional contributions may be made by a governing body to pay for granting credit for service before the department began participating in TESRS (prior service). The State may also be required to make annual contributions up to a limited amount to make TESRS actuarially sound. Annual Required Contributions The contribution requirement per active emergency services personnel member per month is not actually determined. Rather, the minimum contribution provisions were set by board rule. For the fiscal year ending August 31, 2008, total contributions (dues and prior service) of $2,439,339 were paid into TESRS by the political subdivision and served by the member volunteer emergency services personnel. In addition, the state appropriated $8,800,000 for the fiscal year ending August 31, 2008. Total contributions made were greater than the contributions required by the state statute and were greater than the contributions based on the August 31, 2006 actuarial valuation. 67 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 6. Pension Benefits — Continued The purpose of the biennial actuarial valuations is to test the adequacy of the contribution arrangement and determine if they are adequate to fund the benefits that are promised. The actuarial valuation as of August 31, 2008 revealed the adequacy of the expected contributions (dues and prior service contributions) together with the actual state appropriations for the fiscal year ending August 31, 2009 ($415,405 to help pay for the Systems administrative expense) and with the assumed continuation of legislative appropriations of (1) the maximum state contribution amount in future years for the System to have a 30 year amortization period, and (2) approximately $425,000 each year to help pay for the System's administrative expenses. Expected contributions for the fiscal year ending August 31, 2009 are equal to the contributions required. The City's annual contributions for fiscal year ending September 30, 2010, 2009 and 2008 were $24,528, $19,872, and $18,480, respectively. 7. Interfund Receivables, Payables and Transfers Interfund transfers during the year ended September 30, 2010 were as follows: Transfer In: Other Other Internal General Capital Governmental Enterprise Service Transfer out: Fund Projects Funds Funds Funds Totals General fund $ - $ 5,175,000 $ - $ - $ 2,216,876 $ 7,391,876 2010 Certificates of obligation - 141,354 - - - 141,354 Other govemmental funds 270,000 1,188,245 1,500,758 53,000 - 3,012,003 Utility fund $ 400,000 - 157,097 - 47,711 604,808 La Porte area water authority 60,271 - - - 1,305 61,576 Other enterprise funds - 265,398 - - 18,222 283,620 Internal service funds - - - - 13,661 13,661 Total $ 730,271 $ 6,769,997 $ 1,657,855 $ 53,000 $ 2,297,775 $ 11,508,898 68 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 7. Interfund Receivables, Payables and Transfers - Continued The detail of the interfund transfers is as follows: Transfers from Transfers to General Fund Insurance Fund $ 416,876 (1) General Fund General CIP Fund 675,000 (2) General Fund General CIP Fund 4,500,000 (3) General Fund Vehicle Maintenance Fund 1,800,000 (4) Utility Fund General Fund 400,000 (5) Utility Fund Debt Service Fund 157,097 (6) Utility Fund Insurance Fund 47,711 (1) Sylvan Beach Fund General CIP Fund 265,398 (7) Airport Fund Insurance Fund 518 (1) La Porte Area Water Authority Insurance Fund 1,305 (1) La Porte Area Water Authority General Fund 60,271 (8) Technology Fund Insurance Fund 424 (1) Vehicle Maintenance Fund Insurance Fund 13,236 (1) Golf Course Fund Insurance Fund 17,705 (1) Grant Fund General CIP Fund 388,245 (9) Grant Fund General Fund 270,000 (10) Community Investment Fund Hotel /Motel Fund (Mainstreet) 59,700 (11) Hotel /Motel Fund Golf Course Fund 53,000 (12) La Porte Development Corporation (4B) Debt Service Fund 664,104 (13) La Porte Development Corporation (4B) General CIP Fund 800,000 (14) 2004 Certificates of Obligation Debt Service Fund 282,427 (15) 2005 General Obligation Bonds Debt Service Fund 16,219 (15) 2007 Certificates of Obligation Debt Service Fund 478,308 (15) 2010 Certificates of Obligation General CIP Fund 141,354 (16) Total transfers $ 11,508,898 (1) Transfer for liability insurance and worker's compensation. (2) Annual transfer to fund capital projects. (3) Transfer annual funding to prefund Fire Station. (4) Transfer additional funding for prefunding vehicle replacements. (5) General and administrative transfer. (6) Annual transfer for debt service. (7) To close Sylvan Beach Fund. (8) Operators agreement (9) Transfer funding for Sylvan Beach Pier repairs received from FEMA. (10) To reimburse disaster related expenditures. (11) Transfer 1/2 of budgeted mainstreet operations (excluding festivals). (12) Transfer for golf course advertising expenditures and city's bordering bay for golf course expenditures. (13) Annual transfer for debt service. (14) Transfer for capital projects. (15) Transfer for debt service repayment. (16) Reimbursement of qualified expenses. 69 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 7. Interfund Receivables, Payables and Transfers — Continued The composition of interfund balances as of September 30, 2010 is as follows: Due to /from other funds: Receivable Fund Payable Fund General 2010 Certificates of Obligation Bonds Fund $ 416,438 General Nonmajor enterprise 390,808 Nonmajor governmental Nonmajor governmental 615,026 $ 1,422,272 The outstanding balances result from an overdraw of pooled cash. 8. Risk Management The City is exposed to various risks related to torts: theft, damage to and destruction of assets; errors and omissions; and natural disasters. The City's risk management program encompasses various means of protecting the City against Toss by obtaining property, casualty and liability coverage from participation in a risk pool. The participation of the City in the risk pool is limited to the payment of premiums. Further information regarding the pool is provided below. Settled claims have not exceeded insurance coverage in any of the previous three fiscal years. There has not been any significant reduction in insurance coverage from that of the previous year. Health Insurance Benefits The City self- insures a portion of health insurance benefits provided to employees. The City records revenues and expenses for providing employee health coverage in an Internal Service Fund and accrues the estimated incurred but not reported claims. Charges are assessed to various City divisions based on their full -time employee count. Activity during the year included: Revenues: Charges to divisions $ 3,185,052 Charges to employees 416,175 Charges to retirees 80,305 Insurance proceeds 4,098 Interest revenue 16,010 Miscellaneous revenue 100 Total revenues 3,701,740 Expenses: Personnel expenses 209,446 Other expenses 343,530 Claims administration 227,767 Claims incurred 3,652,943 Re- insurance premiums 246,909 Total health services expenses $ 4,680,595 70 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 8. Risk Management - Continued Included in the claims paid amount is $499,000 for incurred but not reported claims. Settled claims have not exceeded insurance coverage in any of the previous four fiscal years. Estimates of claims payable and of claims incurred but not reported at September 30, 2010 are reflected as liabilities of the Internal Service Fund. Because actual claims liabilities depend on such complex factors as inflation, changes in legal requirements and damage awards, the process used in computing claims liability is an estimate based on historical claims. Analysis of claims liability for the fiscal years 2008, 2009 and 2010 are as follows: Beginning Current Payment End of of Year Year for Year Accrual Estimates Claims Accrual Fiscal Year 2008 509,552 3,805,967 3,638,519 677,000 Fiscal Year 2009 677,000 2,308,775 2,537,775 448,000 Fiscal Year 2010 448,000 3,703,943 3,652,943 499,000 Risk Pool The City is a member of the Texas Municipal League Intergovernmental Risk Pool, an unincorporated association of 1,860 political subdivisions of the State of Texas. The Pool contracts with a third party administrator for administration, investigation and adjustment services in the handling of claims. All Toss contingencies, including claims incurred but not reported, if any, are recorded and accounted for by the Pool. 9. Commitments and Contingent Liabilities From time to time, the City is a defendant in legal proceedings relating to its operations as a municipality. In the best judgment of the City's management, the outcome of any pending legal proceedings will not have an adverse effect on the accompanying general purpose financial statements. The City participates in certain federal and state assisted grant programs. These programs are subject to program compliance audits by the grantors or their representatives. Any liability for reimbursement which may arise as the result of these audits is not believed to be material. 10. Post - Employment Benefits Plan Description. In addition to pension benefits described in Note 6, employees who retire from the City and are eligible for pension benefits shall be provided medical coverage by the City to the extent and subject to the conditions of such coverage that is provided to current employees of the City. The City administers this single - employer defined benefit medical plan ( "the Retiree Medical Plan "). The plan provides medical coverage for eligible retirees and their dependents through the City's self - health insurance plan, which covers both active and retired members. Benefit provisions are established and amended by City Council. The Retiree Medical Plan does not issue a publicly available financial report. Funding Policy. This coverage for retired employees is provided at the option of City council through adoption of the annual budget. The City funds these premiums in the same manner as it funds similar premiums for current employees. Employees, who retired from the City before October 1, 1992, have 100% of their coverage paid for by the City. Employees who retired from the City in 1993 and up to December 31, 1999, with 20 or more years of service have 100% of their coverage paid for by the City. Prior to January 1, 2000, employees who have 15 years but less than 20 years of service are required to pay for 10% of the cost and employees who have 10 71 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 10. Post - Employment Benefits - continued years but less than 15 years of service are required to pay for 20% of their costs. For employees who retire after January 1, 2000 the following applies: Years of Service with City Retiree Cost City Cost Retiree Cost Per Year At least 10 but less than 15 years 55% 45% $3,300 At least 15 but less than 20 years 25% 75% 1,500 At least 20 years 0% 100% 0 Employees who are eligible for the post employment benefits are employees who retire after January 1, 2006 and who have a combination of years of service with the City of La Porte plus age totaling 80 and who retire as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 20 years of service with the City of La Porte are currently employed by the City of La Porte at the time of their retirement. The total premium cost is the total annual dollar allocated by budget as approved by City Council for the City of La Porte for health insurance for each employee, including employee and employer contributions. The cost allocation shall be as follows: Years of Service Retiree City with City Cost Cost at least 20 years 60% + dependent premiums 40% 21 years 55% + dependent premiums 45% 22 years 50% + dependent premiums 50% 23 years 45% + dependent premiums 55% 24 years 40% + dependent premiums 60% 25 years 35% + dependent premiums 65% 26 years 30% + dependent premiums 70% 27 years 25% + dependent premiums 75% 28 years 20% + dependent premiums 80% 29 years 15% + dependent premiums 85% 30 years 10% + dependent premiums 90% Retirees who are entitled to receive retirement benefits under the City's retirement plan may purchase continued health benefits for the retiree and the retiree's dependents. The person must inform the City no later than the day on which the person retires that the person elects to continue coverage. If the retiree elects to continue coverage for himself and /or his dependents, once he decides to drop either type of coverage, the person and /or his dependents become eligible for coverage at the next open enrollment period. The level of coverage provided is the same level of coverage provided to current employees. The City's coverage is secondary to Medicare when the person becomes eligible for those benefits. Payment for dependent coverage will be at the same rate as payments for current employees. Annual OPEB Cost and Net OPEB Obligation. The City's annual other postemployment benefit (OPEB) cost is calculated based on the annual required contribution of the employer (ARC), an amount actuarially determined in accordance with the parameters of GASB Statement 45. The ARC represents a level of funding that if paid on an ongoing basis, is projected to cover normal cost each year and amortize any unfunded actuarial liabilities (or funding excess) over a period not to exceed thirty years. The following table shows the components of the City's annual OPEB cost for the year, the amount actually contributed to the plan, and changes in the City's OPEB obligation to the postemployment medical plan. 72 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 10. Post - Employment Benefits — Continued Fiscal Year 2010 2009 Annual required contribution (ARC) $ 2,472,961 $ 2,190,180 Interest on net OPEB obligation 81,894 - Adjustment to the ARC ( 75,874) - Annual OPEB cost 2,478,981 2,190,180 Contributions made ( 538,884) ( 370,318) Increase in net OPEB obligation 1,940,097 1,819,862 Net OPEB obligation, beginning of year 1,819,862 Net OPEB obligation, ending of year $ 3,759,959 $ 1,819,862 Percentage of ARC contribution 21.7% 16.9% The City's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation for fiscal year 2010 and 2009 are as follows. This information is not included for fiscal year 2008 due to fiscal year 2009 being a transition year of the implementation of GASB Statement 45. Percentage of Net Fiscal Annual Annual OPEB OPEB Year Ended OPEB Cost Cost Contributed Obligation 9/30/2009 $ 2,190,180 16.91% $ 1,819,862 9/30/2010 2,478,981 21.74% 3,759,959 Funded Status and Funding Progress. The funding status of the post employment medical plan as of the most recent actuarial valuation date is as follows: Actuarial Valuation Date 12/31/2008 Actuarial value of assets $ - Actuarial accrued liabilities (AAL) 32,839,108 Unfunded actuarial accrued liability (UAAL) 32,839,108 Funded ratio 0.00% Covered payroll (active plan members) 18,626,734 UAAL as a percentage of covered payroll 56.72% Actuarial valuations of an ongoing plan involve estimates of the value reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality, and the healthcare cost trend. Amounts determined regarding the funded status of the plan and the annual required contributions of the employer are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. A schedule of funding progress presents multi -trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. The 2008 actuarial valuation is the most recent and only actuarial valuation available; therefore a schedule of funding progress with multi -trend information is not available. 73 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 10. Post - Employment Benefits — Continued Actuarial Methods and Assumptions. Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the Tong -term perspective of the calculations. In the December 31,2008, actuarial valuation, the projected unit credit actuarial cost method was used. The actuarial assumptions included a 4.5 percent investment rate of return compounded annually (net of administrative expenses), which is a blended rate of the expected long -term investment returns on plan assets and on the employer's own investments calculated based on the funded level of the plan at the valuation date, an annual healthcare cost trend rate of 10 percent initially, reduced by decrements to an ultimate rate of 4.5 percent after 10 years, and a payroll growth rate for projecting normal cost of 3 percent. These rates include a 3 percent inflation assumption. The actuarial value of assets was determined using techniques that spread the effects of short-term volatility in the market value of investments over a five -year period. The UAAL is being amortized as a level percentage of payroll contributions over a 30 year period assuming payroll growth of 3 percent. The remaining amortization period at September 30, 2010, was 29 years. Supplemental Death Benefits Fund The City also participates in the cost sharing multiple - employer defined benefit group term life insurance plan operated by the Texas Municipal Retirement System (TMRS) known as the Supplemental Death Benefits Fund (SDBF). The City elected, by ordinance to provide group term life insurance coverage to both current and retired employees. The city may terminate coverage under and discontinue participation in the SDBF by adopting an ordinance before November 1 of any year to be effective the following January 1. The death benefit for active employees provides a lump sum payment approximately equal to the employee's annual salary (calculated based on the employee's actual earnings, for the 12 -month period preceding the month of death); retired employees are insured for $7,500; this coverage is an "other postemployment benefit, " or OPEB. The city contributes to SDBF at a contractually required rate as determined by an annual actuarial valuation. The rate is equal to the cost of providing one -year term life insurance. The funding policy for the SDBF program is to assure that adequate resources are available to meet all death benefit payments for the upcoming year; the intent is not to pre -fund retiree term life insurance during employee's entire careers. 74 CITY OF LA PORTE, TEXAS Notes to the Financial Statements September 30, 2010 10. Post - Employment Benefits — Continued The city's contributions to the TMRS SDBF for the fiscal year ended 2010 and 2009 were $34,554 and $5,312 respectively, which equaled the required contributions. Fiscal year 2009 is a transition year for the implementation of GASB 45; therefore, two years of contributions are disclosed. Schedule of Contribution Rates Annual Actual Plan/ Required Contribution Percentage Calendar Contribution Made of ARC Year (Rate) (Rate) Contributed 2008 0.04% 0.04% 100% 2009 0.03% 0.03% 100% 2010 0.03% 0.03% 100% 75 o * riot M ‘ 76 REQUIRED SUPPLEMENTARY INFORMATION 77 ... 0 ::,n� I 441%(,1 , AI NTwibic /r iiii1 ; 121111 0: •,/ 78 Required Supplementary Information CITY OF LA PORTE, TEXAS General Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Property taxes $ 12,021,871 $12,021,871 $ 13,566,424 $ 1,544,553 Franchise taxes 2,151,309 2,151,309 2,170,699 19,390 Sales taxes 2,892,980 2,892,980 3,142,521 249,541 Industrial payments 8,718,883 8,718,883 10,464,176 1,745,293 Other taxes 86,218 86,218 77,450 (8,768) Licenses and permits 601,785 601,785 476,478 (125,307) Fines and forfeits 1,523,886 1,523,886 1,531,699 7,813 Charges for services 4,178,762 4,178,762 4,307,154 128,392 Intergovernmental 3,500 3,500 863 (2,637) Interest 225,000 225,000 137,143 (87,857) Miscellaneous 25,000 25,000 59,920 34,920 Total revenues 32,429,194 32,429,194 35,934,527 3,505,333 EXPENDITURES General Government: Administration 2,905,084 3,041,892 2,970,111 71,781 Finance 3,487,342 2,948,265 2,640,601 307,664 Planning and engineering 2,002,723 2,046,192 1,881,538 164,654 Public Safety: Fire 4,454,121 4,514,194 4,391,599 122,595 Police 9,999,538 10,056,298 9,910,894 145,404 Public Works: Public works administration 382,656 385,324 348,834 36,490 Streets 2,510,867 2,577,745 2,382,832 194,913 Health and Sanitation: Solidwaste 2,239,189 2,251,641 2,180,090 71,551 Culture and Recreation 3,821,069 4,116,087 4,060,987 55,100 Total expenditures 31,802,589 31,937,638 30,767,486 1,170,152 Excess (deficiency) of revenues over expenditures 626,605 491,556 5,167,041 4,675,485 OTHER FINANCING SOURCES (USES) Sale of capital assets 5,000 5,000 5,024 24 Transfers in 460,271 460,271 730,271 270,000 Transfers out (1,091,876) (7,391,876) (7,391,876) - Total other financing sources (uses) (626,605) (6,926,605) (6,656,581) 270,024 Net change in fund balances - (6,435,049) (1,489,540) 4,945,509 Fund balances- beginning 13,594 13,594 13,594,029 - Fund balances- ending $ 13,594,029 $ 7,158,980 $ 12,104,489 $ 4,945,509 79 CITY OF LA PORTE, TEXAS Notes to the Required Supplementary Information September 30, 2010 Budgetary Basis of Accounting An annual budget is adopted for the General Fund using the modified accrual basis of accounting, a basis sanctioned by, and consistent with, generally accepted accounting principles. 80 COMBINING FINANCIAL STATEMENTS NONMAJOR GOVERNMENTAL FUNDS Special Revenue Funds Special revenue funds are used to account for specific revenues that are legally restricted to expenditure for particular purposes. Street Maintenance Sales Tax Fund — This fund is used to account for the additional sales tax collected for street maintenance. Community Investment Fund — This fund is used to account for funds received and expended on community beautification and revitalization programs. Hotel / Motel Occupancy Tax Fund — This fund is used to account for the accumulation of resources from the Hotel /Motel Tax assessment levied by the City. These monies are to be spent to promote the development or progress of the City within the guidelines set forth on disposition of revenues collected under the authority of the Texas Hotel Occupancy Act (Article 1269; Vernon's Texas Civil Statutes). Tax Increment Reinvestment Zone One Fund (TIRZ) — This fund is used to account for the disposition of property taxes collected on specific parcels within the boundaries of the TIRZ for the exclusive benefit of the City's capital improvement programs. Grant Fund — This fund is used to account for funds received from another government or organization to be used for a specific purpose activity or facility. Section 4B Sales Tax Fund — This fund is used to account for funds received from the % cent sales tax dedicated to certain economic and infrastructure projects. Capital Projects Funds Capital projects funds are used to account for the acquisition and construction of major capital facilities other than those financed by proprietary funds. Transportation and Other Infrastructure Fund — This fund is used to account for the construction and expansion of roads, bridges, sidewalks and other major infrastructure capital improvements. 1998 General Obligation Bonds Fund — This fund is used to account for the proceeds and expenditures related to drainage and street improvements throughout the City. 2000 Certificate of Obligation Bonds Fund — This fund is used to account for the proceeds and expenditures for construction of the community library. 2000 General Obligation Bonds Fund — This fund is used to account for the proceeds and expenditures for construction to renovate the city hall building, public swimming pool and two fire stations. 81 2004 Certificate of Obligation Bonds Fund — This fund is used to account for the proceeds and expenditures related to Bay Area Boulevard, Canada Road Paving and Drainage Improvements and the land acquisition of the Police Headquarters. 2005 Certificate of Obligation Bonds Fund — This fund is used to account for the proceeds and expenditures related to the purchase of an aerial fire truck, Bayshore Water /Sewer Replacement and various other Water /Sewer Capital Improvements. 2005 General Obligation Bond Fund — This fund is used to fund projects that benefit the City in general. A specific project from this issue is the construction of the police facility. 2006 Certificate of Obligation Bonds Fund — This fund is used to account for the proceeds and expenditures related to the Police Facility, a Sports Complex (Joint Venture), South La Porte Trunk Sewer and various other Water /Sewer projects. 2006 General Obligation Bonds Fund - This fund is used to account for the proceeds and expenditures related to the Westside Park Improvements. 2007 Certificate of Obligation Bonds Fund — This fund is used to account for the proceeds and expenditures related to wastewater treatment plant improvements, sports complex and golf cart path improvements. Drainage Improvements — This fund is used to account for the proceeds and expenditures related to the drainage fees collected. Debt Service Fund Debt Service Fund is used to pay interest and extinguish debt of the outstanding General Obligation Issues of the City. 82 oc' 'set° 0 9 f � gym 0 ye Ami 83 CITY OF LA PORTE, TEXAS Combining Balance Sheet Nonmajor Governmental Funds September 30, 2010 Special Revenue Funds Street Hotel /Motel Tax Increment Maintenance Community Occupancy Reinvestment Sales Tax Investment Tax Zone One (TIRZ) ASSETS Cash and cash equivalents $ 539,753 $ 350,000 $ 494,651 $ 534,062 Investments 179,712 116,534 164,696 47,275 Taxes receivable 154,002 - 81,731 - Intergovernmental receivable - - - 191,181 Other receivables - - 45,709 - Accrued interest receivable 79 51 72 - Due from other funds - - - - Total assets 873,546 466,585 786,859 772,518 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable 5,483 10,000 24,633 - Accrued salaries payable - - 2,131 - Due to others - - - - Due to other funds - - - 615,026 Deferred revenue - - 45,534 - Total liabilities 5,483 10,000 72,298 615,026 Fund Balances: Reserved for: Encumbrances - 32,002 2,000 - Animal Control - - - - Judicial Fund - - - - Municipal Court Building Security - - - - Municipal Court Technology Fee - - - - Park Zone - - - - Law enforcement training - - - - Child safety - - - - Confiscated funds - - - - Debt Service - - - - Unreserved 868,063 424,583 712,561 157,492 Total fund balances 868,063 456,585 714,561 157,492 Total liabilities and fund balances $ 873,546 $ 466,585 $ 786,859 $ 772,518 84 Special Revenue Funds Capital Projects Funds Transportation 1998 General 2000 Certificate Grant Section 4B & Other Obligation of Obligation Fund Sales Tax Totals Infrastructure Bonds Bonds $ 679,151 $ 1,006,148 $ 3,603,765 $ 531,436 $ 864,910 $ 22,146 22,819 335,001 866,037 176,944 287,975 7,373 - 340,262 575,995 - - - 481,027 - 672,208 - - - - - 45,709 - - - 99 147 448 77 126 3 1,183, 096 1,681,558 5,764,162 708,457 1,153, 011 29,522 17,325 1,567 59,008 79,233 - - 13,081 3,082 18,294 - - - 3,002 - 3,002 - - - - - 615,026 - - - 250 32,258 78,042 - - - 33,658 36,907 773,372 79,233 - - - 5,394 39,396 - - - 2,914 - 2,914 - - - 23,197 - 23,197 - - - 147,915 - 147,915 - - - 38,543 - 38,543 - - - 147,180 - 147,180 - - - 3,406 - 3,406 - - - 49,654 - 49,654 - - - 227,605 - 227,605 - - - - 622,692 622,692 - - - 509,024 1,016,565 3,688,288 629,224 1,153,011 29,522 1,149,438 1,644,651 4,990,790 629,224 1,153,011 29,522 $ 1,183,096 $ 1,681,558 $ 5,764,162 $ 708,457 $ 1,153,011 $ 29,522 85 CITY OF LA PORTE, TEXAS Combining Balance Sheet Nonmajor Governmental Funds September 30, 2010 (Continued) Capital Projects Funds 2000 General 2004 Certificate 2005 Certificate 2005 General Obligation of Obligation of Obligation Obligation Bonds Bonds Bonds Bonds ASSETS Cash and cash equivalents $ - $ 125,484 $ 50,598 $ 25,522 Investments - 675,705 16,847 - Taxes receivable - - - - Intergovernmental receivable - - - - Other receivables - - - - Accrued interest receivable - 18 8 3 Due from other funds - - - - Total assets - 801,207 67,453 25,525 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable - 93,613 - 1,105 Accrued salaries payable - - - - Due to others - - - - Due to other funds - - - - Deferred revenue - - - - Total liabilities - 93,613 - 1,105 Fund Balances: Reserved for: Encumbrances - - - - Animal control - - - - Judicial fund - - - - Municipal Court Building Security - - - - Municipal Court Technology Fee - - - - Park Zone - - - - Law enforcement training - - - - Child safety - - - - Confiscated funds - - - - Debt Service - - - - Unreserved - 707,594 67,453 24,420 Total fund balances - 707,594 67,453 24,420 Total liabilities and fund balances $ - $ 801,207 $ 67,453 $ 25,525 86 Capital Projects Funds 2006 Certificate 2006 General 2007 Certificate Total Nonmajor of Obligation Obligation of Obligation Drainage Debt Governmental Bonds Bonds Bonds Improvement Totals Service Funds $ 15,690 $ 17,575 $ 761,192 $ 188,456 $ 2,603,009 $ 2,324,000 $ 8,530,774 1,306,328 152,897 253,441 62,747 2,940,257 773,784 4,580,078 - - - - - 50,106 626,101 - - - - - - 672,208 - - - 16,246 16,246 - 61,955 3 2 112 - 352 330 1,130 615,026 - - - 615,026 - 615,026 1,937,047 170,474 1,014,745 267,449 6,174,890 3,148,220 15,087,272 604,583 35,616 - - 814,150 - 873,158 - - - - - - 18,294 - - - - - - 3,002 - - - - - - 615,026 - - - - - 30,532 108,574 604,583 35,616 - - 814,150 30,532 1,618,054 - - - - - - 39,396 - - - - - - 2,914 - - - - - - 23,197 - - - - - - 147,915 - - - - - - 38,543 - - - - - - 147,180 - - - - - - 3,406 - - - - - - 49,654 - - - - - - 227,605 - - - - - 3,117,688 3,740,380 1,332,464 134,858 1,014,745 267,449 5,360,740 - 9,049,028 1,332,464 134,858 1,014,745 267,449 5,360,740 3,117,688 13,469,218 $ 1,937,047 $ 170,474 $ 1,014,745 $ 267,449 $ 6,174,890 $ 3,148,220 $ 15,087,272 87 CITY OF LA PORTE, TEXAS Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Nonmajor Governmental Funds For The Year Ended September 30, 2010 Special Revenue Funds Street Hotel/Motel Tax Increment Maintenance Community Occupancy Reinvestment Sales Tax Investment Tax Zone One (TIRZ) REVENUES Property taxes $ - $ - $ - $ 1,738,188 Intergovernmental - - - - Sales taxes 785,629 - - - Industrial payments - 268,312 - - Othe r taxes - - 336,822 - Interest 2,366 2,724 3,996 910 Fines and forfeitures - - - - Charges for services - - - 89,483 Miscellaneous 94 - - Total revenues 787,995 271,130 340,818 1,828,581 EXPENDITURES Current: General government - 219,756 347,117 1,321,399 Public safety - - - - Public works - - - - Culture and recreation - - - - Capital outlay 320,605 - - - Debt service: Principal - - - - Interest and fiscal charges - - - - Total expenditures 320,605 219,756 347,117 1,321,399 Excess (deficiency) of revenues over expenditures 467,390 51,374 (6,299) 507,182 OTHER FINANCING SOURCES (USES) Issuance of debt - - - - Premium on bonds - - - - Payment to escrow agent - - - - Transfers in - - 59,700 - Transfers out - (59,700) (53,000) - Total other financing sources (uses) - (59,700) 6,700 - Net change in fund balances 467,390 (8,326) 401 507,182 Fund balances — beginning 400,673 464,911 714,160 (349,690) Fund balances—ending $ 868,063 $ 456,585 $ 714,561 $ 157,492 88 Special Revenue Funds Capital Projects Funds Transportation 1998 General 2000 Certificate Grant Section 4B & Other Obligation of Obligation Fund Sales Tax Totals Infrastructure Bonds Bonds $ $ - $ 1,738,188 $ - $ - $ - 987,669 - 987,669 - - - - 1,571,258 2,356,887 - - - - - 268,312 - - - - - 336,822 - - - 2,927 8,254 21,177 6,709 6,872 175 271,086 - 271,086 - - - 15,194 - 104,677 - - - 4,455 48 4,597 - - - 1,281,331 1,579,560 6,089,415 6,709 6,872 175 46,371 151,645 2,086,288 - - - 395,435 - 395,435 - - - 4,227 - 4,227 - - - 68,562 - 68,562 - - - 174,921 - 495,526 599,575 8,578 - 689,516 151,645 3,050,038 599,575 8,578 - 591,815 1,427,915 3,039,377 (592,866) (1,706) 175 - - 59,700 - - - (658,245) (1,464,104) (2,235,049) - - - (658,245) (1,464,104) (2,175,349) - - - (66,430) (36,189) 864,028 (592,866) (1,706) 175 1,215,868 1,680,840 4,126,762 1,222,090 1,154,717 29,347 $ 1,149,438 $ 1,644,651 $ 4,990,790 $ 629,224 $ 1,153,011 $ 29,522 89 CITY OF LA PORTE, TEXAS Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Nonmajor Governmental Funds For The Year Ended September 30, 2010 (Continued) Capital Projects Funds 2000 General 2004 Certificate 2005 Certificate 2005 General Obligation of Obligation of Obligation Obligation Bonds Bonds Bonds Bonds REVENUES Property taxes $ - $ - $ - $ - Intergovernmental - - - - Sales taxes - - - - Industrial payments - - - - Other taxes - - - - Interest 121 3,737 878 227 Fines and forfeitures - - - - Charges for services - - - - Miscellaneous - - - - Total revenues 121 3,737 878 227 EXPENDITURES Current: General government - - - - Public safety - - - 10,000 Public works - - - - Health and sanitation - - - - Capital outlay 99,736 242,894 232,090 - Debt Service: Principal - - - - Interest - - - - Total expenditures 99,736 242,894 232,090 10,000 Excess (deficiency) of revenues over expenditures (99,615) (239,157) (231,212) (9,773) OTHER FINANCING SOURCES (USES) Issuance of debt - - - - Premium on bonds - - - - Payment to escrow agent - - - - Transfers in - - - _ Transfers out - (282,427) - (16,219) Total other financing sources (uses) - (282,427) - (16,219) Net change in fund balances (99,615) (521,584) (231,212) (25,992) Fund balances— beginning 99,615 1,229,178 298,665 50,412 Fund balances— ending $ - $ 707,594 $ 67,453 $ 24,420 90 Capital Projects Funds 2006 Certificate 2006 General 2007 Certificate Total Nonmajor of Obligation Obligation of Obligation Drainage Debt Governmental Bonds Bonds Bonds Improvement Totals Service Funds $ - $ - $ - $ - $ - $ 2,560,024 $ 4,298,212 - - - - - 987,669 - - - - - - 2,356,887 - - - - - - 268,312 - - - - - - 336,822 4,159 581 5,516 590 29,565 28,484 79,226 - - - - - - 271,086 - - - 266,859 266,859 - 371,536 - - - - - - 4,597 4,159 581 5,516 267,449 296,424 2,588,508 8,974,347 - - - - - - 2,086,288 - - - - 10,000 - 405,435 49,394 - - - 49,394 - 53,621 - - - - - - 68,562 1,667,424 197,806 313,898 - 3,362,001 - 3,857,527 - - - - 1,755,000 1,755,000 - - - - - 1,451,033 1,451,033 1,716,818 197,806 313,898 - 3,421,395 3,206,033 9,677,466 (1,712,659) (197,225) (308,382) 267,449 (3,124,971) (617,525) (703,119) - - - - 4,295,000 4,295,000 - - - - 100,338 100,338 - - - - (4,409,763) (4,409,763) - - - - 1,598,155 1,657,855 - - (478,308) - (776,954) - (3,012,003) - - (478,308) - (776,954) 1,583,730 (1,368,573) (1,712,659) (197,225) (786,690) 267,449 (3,901,925) 966,205 (2,071,692) 3,045,123 332,083 1,801,435 - 9,262,665 2,151,483 15,540,910 $ 1,332,464 $ 134,858 $ 1,014,745 $ 267,449 $ 5,360,740 $ 3,117,688 $ 13,469,218 91 0 iftw 0 92 SCHEDULE OF REVENUES, EXPENDITURES and CHANGES IN FUND BALANCE — BUDGET and ACTUAL Debt Service Fund Special Revenue Funds Capital Projects Funds 93 CITY OF LA PORTE, TEXAS 2010 Certificate of Obligation Bonds Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Interest $ 10,000 $ 10,000 $ 3,546 $ (6,454) Total revenues 10,000 10,000 3,546 (6,454) EXPENDITURES Capital outlay 9,600,000 6,123,646 324,936 5,798,710 Debt service: Interest and fiscal charges - - 136,533 (136,533) Total expenditures 9,600,000 6,123,646 461,469 5,662,177 Excess (deficiency) of revenues over expenditures (9,590,000) (6,113,646) (457,923) 5,655,723 OTHER FINANCING SOURCES (USES) Issuance of debt 8,725,000 8,725,000 6,265,000 (2,460,000) Premium on bonds - - 123,670 123,670 Transfers out - (141,354) (141,354) - Total other financing sources (uses) 8,725,000 8,583,646 6,247,316 (2,336,330) Net change in fund balances (865,000) 2,470,000 5,789,393 3,319,393 Fund balances— beginning - - - - Fund balances— ending $ (865,000) $ 2,470,000 $ 5,789,393 $ 3,319,393 94 CITY OF LA PORTE, TEXAS Capital Projects Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Charges for services $ - $ 5,000 $ 1,405,077 $ 1,400,077 Interest 50,000 50,000 43,078 (6,922) Miscellaneous - - 60,625 60,625 Total revenues 50,000 55,000 1,508,780 1,453,780 EXPENDITURES Current: General government - 231,190 232,978 (1,788) Public works - - 76,703 (76,703) Culture and recreation - - 1,221,236 (1,221,236) Capital outlay 2,255,100 2,889,089 6,248,284 (3,359,195) Total expenditures 2,255,100 3,120,279 7,779,201 (4,658,922) Excess (deficiency) of revenues over expenditures (2,205,100) (3,065,279) (6,270,421) (3,205,142) OTHER FINANCING SOURCES (USES) Transfers in 1,475,000 6,399,854 6,769,997 370,143 Total other financing sources (uses) 1,475,000 6,399,854 6,769,997 370,143 Net change in fund balances (730,100) 3,334,575 499,576 (2,834,999) Fund balances— beginning 8,681,143 8,681,143 8,681,143 - Fund balances —ending $ 7,951,043 $ 12,015,718 $ 9,180,719 $ (2,834,999) 95 CITY OF LA PORTE, TEXAS Street Maintenance Sales Tax Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balance Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Sales taxes $ 723,245 $ 723,245 $ 785,629 $ 62,384 Interest 3,600 3,600 2,366 (1,234) Total revenues 726,845 726,845 787,995 61,150 EXPENDITURES Capital outlay 700,000 700,000 320,605 379,395 Total expenditures 700,000 700,000 320,605 379,395 Net change in fund balances 26,845 26,845 467,390 440,545 Fund balances— beginning 400,673 400,673 400,673 - Fund balances —ending $ 427,518 $ 427,518 $ 868,063 $ 440,545 96 CITY OF LA PORTE, TEXAS Community Investment Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balance Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Industrial payments $ 223,561 $ 223,561 $ 268,312 $ 44,751 Interest 7,800 7,800 2,724 (5,076) Miscellaneous - - 94 94 Total revenues 231,361 231,361 271,130 39,769 EXPENDITURES Current: General government 185,000 274,071 219,756 54,315 Total expenditures 185,000 274,071 219,756 54,315 Excess (deficiency) of revenues over expenditures 46,361 (42,710) 51,374 94,084 OTHER FINANCING SOURCES (USES) Transfers out (159,700) (159,700) (59,700) (100,000) Total other financing sources (uses) (159,700) (159,700) (59,700) (100,000) Net change in fund balances (113,339) (202,410) (8,326) 194,084 Fund balances— beginning 464,911 464 464,911 - Fund balances— ending $ 351,572 $ 262,501 $ 456,585 $ 194,084 97 CITY OF LA PORTE, TEXAS Hotel /Motel Occupancy Tax Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Other taxes $ 430,000 $ 430,000 $ 336,822 $ (93,178) Interest 5,400 5,400 3,996 (1,404) Total revenues 435,400 435,400 340,818 (94,582) EXPENDITURES Current: General government 824,522 863,515 347,117 516,398 Total expenditures 824,522 863,515 347,117 516,398 Excess of revenues over expenditures (389,122) (428,115) (6,299) 421,816 OTHER FINANCING SOURCES (USES) Transfers in 59,700 59,700 59,700 - Transfers out (153,000) (153,000) (53,000) 100,000 Total other financing sources (uses) (93,300) (93,300) 6,700 100,000 Net change in fund balances (482,422) (521,415) 401 521,816 Fund balances- beginning 714 714 714,160 - Fund balances- ending $ 231,738 $ 192,745 $ 714,561 $ 521,816 98 CITY OF LA PORTE, TEXAS Tax Increment Reinvestment Zone One Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Property taxes $1,400,804 $ 1,400,804 $ 1,738,188 $ 337,384 Charges for services - - 89,483 89,483 Interest 2,500 2,500 910 (1,590) Total revenues 1,403,304 1,403,304 1,828,581 425,277 EXPENDITURES Current: General government 1,413,966 1,413,966 1,321,399 92,567 Total expenditures 1,413,966 1,413,966 1,321,399 92,567 Excess (deficiency) of revenues over expenditures (10,662) (10,662) 507,182 517,844 Net change in fund balances (10,662) (10,662) 507,182 517,844 Fund Balances— beginning (349,690) (349,690) (349,690) - Fund Balances – ending $ (360,352) $ (360,352) $ 157,492 $ 517,844 99 CITY OF LA PORTE, TEXAS Grant Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balance Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Fines and forfeitures $ 60,500 $ 60,500 $ 271,086 $ 210,586 Charges for services 500 500 15,194 14,694 Intergovernmental 1,934,212 2,318,200 987,669 (1,330,531) Interest - - 2,927 2,927 Miscellaneous 500 1,350 4,455 3,105 Total revenues 1,995,712 2,380,550 1,281,331 (1,099,219) EXPENDITURES Current: General government 1,237,000 1,243,515 46,371 1,197,144 Public safety 773,500 877,781 395,435 482,346 Public works - 10,749 4,227 6,522 Culture and recreation 72,268 105,464 68,562 36,902 Capital outlay 77,585 91,185 174,921 (83,736) Total expenditures 2,160,353 2,328,694 689,516 1,639,178 Excess (deficiency) of revenues over expenditures (164,641) 51,856 591,815 539,959 OTHER FINANCING SOURCES (USES) Transfers out - (283,500) (658,245) (374,745) Total other financing sources (uses) - (283,500) (658,245) (374,745) Net change in fund balances (164,641) (231,644) (66,430) 165,214 Fund balances- beginning 1,215,868 1,215,868 1,215,868 - Fund balances - ending $ 1,051,227 $ 984,224 $ 1,149,438 $ 165,214 100 CITY OF LA PORTE, TEXAS Section 4B Sales Tax Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Sales taxes $ 1,446,490 $ 1,446,490 $ 1,571,258 $ 124,768 Interest 30,000 30,000 8,254 (21,746) Miscellaneous - - 48 48 Total revenues 1,476,490 1,476,490 1,579,560 103,070 EXPENDITURES Current: General government 446,360 453,174 151,645 301,529 Total expenditures 446,360 453,174 151,645 301,529 Excess of revenues over expenditures 1,030,130 1,023,316 1,427,915 404,599 OTHER FINANCING SOURCES (USES) Transfers out (1,464,104) (1,464,104) (1,464,104) - Total other financing sources (uses) (1,464,104) (1,464,104) (1,464,104) - Net change in fund balances (433,974) (440,788) (36,189) 404,599 Fund balances— beginning 1,680,840 1,680,840 1,680,840 - Fund balances —ending $ 1,246,866 $ 1,240,052 $ 1,644,651 $ 404,599 101 CITY OF LA PORTE, TEXAS Transportation and Other Infrastructure Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Interest $ 10,600 $ 10,600 $ 6,709 $ (3,891) Total revenues 10,600 10,600 6,709 (3,891) EXPENDITURES Capital outlay 504,000 561,000 599,575 (38,575) Total expenditures 504,000 561,000 599,575 (38,575) Excess of revenues over expenditures (493,400) (550,400) (592,866) (42,466) Net change in fund balances (493,400) (550,400) (592,866) (42,466) Fund balances— beginning 1,222,090 1,222,090 1,222,090 - Fund balances —ending $ 728,690 $ 671,690 $ 629,224 $ (42,466) 102 CITY OF LA PORTE, TEXAS 2004 Certificate of Obligation Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Interest $ - $ - $ 3,737 $ 3,737 Total revenues - - 3,737 3,737 EXPENDITURES Capital outlay - - 242,894 (242,894) Total expenditures - - 242,894 (242,894) Excess (deficiency) of revenues over expenditures - - (239,157) (239,157) OTHER FINANCING SOURCES (USES) Transfers out (376,570) (376,570) (282,427) 94,143 Total other financing sources (uses) (376,570) (376,570) (282,427) 94,143 Net change in fund balances (376,570) (376,570) (521,584) (145,014) Fund balances— beginning 1,229,178 1,229,178 1,229,178 - Fund balances— ending $ 852,608 $ 852,608 $ 707,594 $ (145,014) 103 CITY OF LA PORTE, TEXAS 2005 Certificate of Obligation Bonds Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Or Final Amounts (Negative) REVENUES Interest $ - $ - $ 878 $ 878 Total revenues - - 878 878 EXPENDITURES Capital outlay 256,503 256,503 232,090 24,413 Total expenditures 256,503 256,503 232,090 24,413 Net change in fund balances (256,503) (256,503) (231,212) 25,291 Fund balances— beginning 298,665 298,665 298 - Fund balances— ending $ 42,162 $ 42,162 $ 67,453 $ 25,291 104 CITY OF LA PORTE, TEXAS 2005 General Obligation Bonds Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Interest $ - $ - $ 227 $ 227 Total revenues - - 227 227 EXPENDITURES Current: Public safety - - 10,000 (10,000) Total expenditures - - 10,000 (10,000) Excess (deficiency) of revenues over expenditures - - (9,773) (9,773) OTHER FINANCING SOURCES (USES) Transfers out (16,219) (16,219) (16,219) - Total other financing sources (uses) (16,219) (16,219) (16,219) - Net change in fund balances (16,219) (16,219) (25,992) (9,773) Fund balances— beginning 50,412 50,412 50,412 - Fund balances— ending $ 34,193 $ 34,193 $ 24,420 $ (9,773) 105 CITY OF LA PORTE, TEXAS 2006 Certificate of Obligation Bonds Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Or Final Amounts (Negative) REVENUES Interest $ - $ - $ 4,159 $ 4,159 Total revenues - - 4,159 4,159 EXPENDITURES Current: Public works - 70,000 49,394 20,606 Capital outlay 966,497 896,497 1,667,424 (770,927) Total expenditures 966,497 966,497 1,716,818 (750,321) Excess (deficiency) of revenues over expenditures (966,497) (966,497) (1,712,659) (746,162) Net change in fund balances (966,497) (966,497) (1,712,659) (746,162) Fund balances— beginning 3,045,123 3 3 - Fund balances— ending $ 2,078,626 $ 2,078,626 $ 1,332,464 $ (746,162) 106 CITY OF LA PORTE, TEXAS 2007 Certificate of Obligation Bonds Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Or Final Amounts (Negative) REVENUES Interest $ - $ - $ 5,516 $ 5,516 Total revenues - - 5,516 5,516 EXPENDITURES Current: Capital outlay 647,184 647,184 313,898 333,286 Total expenditures 647,184 647,184 313,898 333,286 Excess (deficiency) of revenues over expenditures (647,184) (647,184) (308,382) 338,802 OTHER FINANCING SOURCES (USES) Transfers out (478,308) (478,308) (478,308) - Total other financing sources (uses) (478,308) (478,308) (478,308) - Net change in fund balances (1,125,492) (1,125,492) (786,690) 338,802 Fund balances— beginning 1,801,435 1,801,435 1,801,435 - Fund balances— ending $ 675,943 $ 675,943 $ 1,014,745 $ 338,802 107 CITY OF LA PORTE, TEXAS Drainage Improvement Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Charges for Services $ 288,000 $ 288,000 $ 266,859 $ (21,141) Interest 2,500 2,500 590 (1,910) Total revenues 290,500 290,500 267,449 (23,051) Excess (deficiency) of revenues over expenditures 290,500 290,500 267,449 (23,051) OTHER FINANCING SOURCES (USES) Transfers out (169,000) (169,000) - 169,000 Total other financing sources (uses) (169,000) (169,000) - 169,000 Net change in fund balances 121,500 121,500 267,449 145,949 Fund balances— beginning - - - - Fund balances— ending $ 121,500 $ 121,500 $ 267,449 $ 145,949 108 CITY OF LA PORTE, TEXAS Debt Service Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Property taxes $ 2,173,774 $ 2,173,774 $ 2,560,023 $ 386,249 Interest 23,200 23,200 28,484 5,284 Total revenues 2,196,974 2,196,974 2,588,506 391,532 EXPENDITURES Debt service: Principal 1,990,000 1,990,000 1,755,000 235,000 Interest 2,086,755 2,086,755 1,451,033 635,722 Total expenditures 4,076,755 4,076,755 3,206,033 870,722 Excess (deficiency) of revenues over expenditures (1,879,781) (1,879,781) (617,527) 1,262,254 OTHER FINANCING SOURCES (USES) Issuance of debt - - 4,295,000 (4,295,000) Premium on bonds - - 100,338 (100,338) Payment to escrow agent - - (4,409,763) 4,409,763 Transfers in 1,892,298 1,892,298 1,598,155 294,143 Total other financing sources (uses) 1,892,298 1,892,298 1,583,730 308,568 Net change in fund balances 12,517 12,517 966,203 953,686 Fund balances— beginning 2,151,483 2,151,483 2,151,483 - Fund balances— ending $ 2,164,000 $ 2,164,000 $ 3,117,686 $ 953,686 109 * L , r 71i a t om, 110 SUPPLEMENTARY INDIVIDUAL FUND FINANCIAL STATEMENTS AND SCHEDULES General Fund These supplementary statements and schedules are included to provide management additional information for financial analysis. 111 CITY OF LA PORTE, TEXAS General Fund Schedule of Revenues - Budget and Actual For The Year Ended September 30, 2010 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) Taxes: Ad valorem: Current $11,665,871 $ 11,665,871 $ 13,239,953 $ 1,574,082 Delinquent 200,000 200,000 141,277 (58,723) Industrial payments 8,718,883 8,718,883 10,464,176 1,745,293 Total ad valorem 20,584,754 20,584,754 23,845,406 3,260,652 Penalty and interest 156,000 156,000 185,194 29,194 Sales taxes 2,892,980 2,892,980 3,142,521 249,541 Other taxes 86,218 86,218 77,450 (8,768) Franchise Fees: Electrical 1,291,149 1,291,149 1,276,498 (14,651) Gas 188,419 188,419 198,044 9,625 Telephone 291,779 291,779 373,632 81,853 Cable 289,098 289,098 233,734 (55,364) Commercial solidwaste 90,864 90,864 88,791 (2,073) Total franchise fees 2,151,309 2,151,309 2,170,699 19,390 Charges for services: Public safety service fees 1,467,983 1,467,983 1,468,657 674 Health and sanitation service fees 1,961,200 1,961,200 1,842,135 (119,065) Culture and recreation fees 408,202 408,202 661,101 252,899 Other service fees 341,377 341,377 335,261 (6,116) Total charges for services 4,178,762 4,178,762 4,307,154 128,392 Intergovernmental 3,500 3,500 863 (2,637) Licenses and permits: Building permits 570,675 570,675 448,443 (122,232) Licenses 31 31 28,035 (3,075) Total Licenses and permits 601,785 601,785 476,478 (125,307) Investment income 225,000 225,000 137,143 (87,857) Fines and forfeitures 1,523,886 1,523,886 1,531,699 7,813 Miscellaneous 25,000 30,000 59,920 29,920 Total revenues $32,429,194 $ 32,434,194 $ 35,934,527 $ 3,500,333 112 CITY OF LA PORTE, TEXAS General Fund Schedule of Expenditures - Budget and Actual For The Year Ended September 30, 2010 (Continued) Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) GENERAL GOVERNMENT Administration: Emergency Management Personal services $ 171,198 $ 170,791 $ 170,588 $ 203 Supplies 24,555 24,555 19,811 4,744 Other services and charges 97,394 103,394 106,002 (2,608) Total Emergency Management 293 298,740 296,401 2,339 General Administration: Personal services 476,450 482,720 482,495 225 Supplies 8,200 6,248 3,640 2,608 Other services and charges 113 114 88 25,073 Total General Administration 598,201 602,971 575,065 27,906 Human Resources: Personal services 219,464 250,886 249,829 1,057 Supplies 7,150 7,150 6,926 224 Other services and charges 107,815 116,815 116,486 329 Total Human Resources 334,429 374,851 373,241 1,610 Municipal Court: Personal services 433,039 445,053 444,770 283 Supplies and materials 23,500 23,500 21,629 1,871 Other services and charges 249,652 267,652 267,248 404 Total Municipal Court 706,191 736,205 733,647 2,558 Purchasing: Personal services 221,100 222,764 222,740 24 Supplies 2,958 3,358 3,315 43 Other services and charges 30,789 30,139 29,596 543 Total Purchasing 254,847 256,261 255,651 610 City Secretary: Personal services 325,416 337,011 336,940 71 Supplies and materials 4,150 4,150 2,021 2,129 Other services and charges 75,784 92,284 91,983 301 Total City Secretary 405,350 433,445 430,944 2,501 113 CITY OF LA PORTE, TEXAS General Fund Schedule of Expenditures - Budget and Actual For The Year Ended September 30, 2010 (Continued) Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) Legal: Personal services 14,412 14,412 14,412 - Other services and charges 166,521 186,021 185,909 112 Total Legal 180 200,433 200 112 City Council: Personal services 19,561 19,561 17,439 2,122 Supplies and materials 16,700 33,189 30,194 2,995 Other services and charges 95,725 52,474 33,298 19,176 Capital outlay - 33,762 23,910 9,852 Total City Council 131,986 138,986 104,841 34,145 Total Administration 2,905,084 3,041,892 2,970,111 71,781 Finance: Accounting: Personal services 616,771 628,318 628,166 152 Supplies 16,800 16,685 13,396 3,289 Other services and charges 156,858 168,473 168,218 255 Total Accounting 790,429 813,476 809,780 3,696 Nondepartmental: Personal services 676,371 676,371 545,645 130,726 Supplies 6,000 6,000 4,137 1,863 Other services and charges 1,563,421 998,211 832,029 166,182 Total Nondepartmental 2,245,792 1,680,582 1,381,811 298,771 Tax Office: Personal services 227,555 225,641 223,659 1,982 Supplies and materials 12,200 12,650 10,065 2,585 Other services and charges 211,366 215,916 215,286 630 Total Tax Office 451,121 454,207 449,010 5,197 Total Finance 3,487,342 2,948,265 2,640,601 307,664 Planning and Engineering: Planning and Engineering: Personal services 885,461 899,155 864,933 34,222 Supplies 33,600 33,100 18,355 14,745 Other services and charges 129,360 141,861 109,973 31,888 Total Planning and Engineering 1,048,421 1,074,116 993,261 80,855 Inspection: Personal services 696,705 704578 694,719 9,959 Supplies 22,878 28,229 26,334 1,895 Other services and charges 234,719 239,169 167,224 71,945 Total lnspection 954,302 972,076 888,277 83,799 Total Planning and Engineering 2,002,723 2,046,192 1,881,538 164,654 TOTAL GENERAL GOVERNMENT 8,395,149 8,036,349 7,492,250 544,099 114 CITY OF LA PORTE, TEXAS General Fund Schedule of Expenditures - Budget and Actual For The Year Ended September 30, 2010 (Continued) Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) PUBLIC SAFETY: Fire Fire Prevention: Personal services 245,433 246,029 244,357 1,672 Supplies 9,273 8,723 7,191 1,532 Other services and charges 41,630 42,654 40,666 1,988 Total Fire Prevention 296,336 297,406 292,214 5,192 Fire suppression: Personal services 1256,734 1,286,609 1,286,582 27 Supplies 156,522 155,022 151,250 3,772 Other services and charges 622,503 614,129 613,680 449 Capital outlay 33,500 46,900 45,416 1,484 Total Fire Suppression 2,069,259 2,102,660 2,096,928 5,732 Emergency medical services: Personal services 1,686,408 1,678,778 1,596,133 82,645 Supplies 168,592 173,724 169,967 3,757 Other services and charges 233,526 233,576 208,390 25,186 Capital outlay - 28,050 27,967 83 Total Emergency Services 2,088,526 2,114,128 2,002,457 111,671 Total Fire 4,454,121 4,514,194 4,391,599 122,595 Police Police Administration: Personal services 637,099 669,575 668,828 747 Supplies 15,994 15,994 14,412 1,582 Other services and charges 271,626 274,726 274,291 435 Total Police Administration 924,719 960,295 957,531 2,764 Police Patrol: Personal services 4,088,046 4,225,209 4,225,114 95 Supplies 198,010 214,702 214,541 161 Other services and charges 742,155 678,950 676,601 2,349 Capital outlay 27,000 23,008 22,808 200 Total Police Patrol 5,055,211 5,141,869 5,139,064 2,805 Criminal Investigation: Personal services 1,683,952 1,626,380 1,625,896 484 Supplies 51,429 67,410 67,361 49 Other services and charges 151,167 139,514 138,398 1,116 Total Criminal Investigation 1,886,548 1,833,304 1,831,655 1,649 115 CITY OF LA PORTE, TEXAS General Fund Schedule of Expenditures - Budget and Actual For The Year Ended September 30, 2010 (Continued) Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) Support Services: Personal services 1,916,549 1,894,109 1,780,132 113,977 Supplies 90,160 100,807 95,294 5,513 Other services and charges 126,351 125,914 107,218 18,696 Total Support Services 2,133,060 2,120,830 1,982,644 138,186 Total Police 9,999,538 10,056,298 9,910,894 145,404 TOTAL PUBUC SAFETY 14453,659 14,570,492 14,302,493 267,999 PUBUC WORKS: Public Works Administration: Personal services 268,605 271,273 271,718 (445) Supplies and materials 4,700 4,677 4,105 572 Other services and charges 109,351 109,374 73,011 36,363 Total Public Works Administration 382,656 385,324 348,834 36,490 Streets: Personal services 1,536,208 1,595,520 1,525,874 69,646 Supplies 165,720 165,720 130,237 35,483 Other services and charges 755,939 763,505 683,652 79,853 Capital outlay 53,000 53,000 43,069 9,931 Total Streets 2,510,867 2,577,745 2,382,832 194,913 TOTAL PUBLIC WORKS 2,893,523 2,963,069 2,731,666 231,403 HEALTH AND SANITATION: Residential Solidwaste: Personal services 1,090,240 1,102,692 1,064,900 37,792 Supplies 247,586 240,586 212,147 28,439 Other services and charges 863,675 870,675 868,238 2,437 Capital outlay 16,688 16,688 15,804 884 Total Residential Solidwaste 2,218,189 2,230,641 2,161,089 69,552 Commercial solidwaste: Other services and charges 21,000 21,000 19,001 1,999 TOTAL HEALTH AND SANITATION 2,239,189 2,251,641 2,180,090 71,551 CULTURE & RECREATION: Park Maintenance: Personal services 1,159, 397 1,164,903 1,164,227 676 Supplies and materials 106,750 111,250 110,849 401 Other services and charges 771,085 868,510 867,831 679 Capital outlay 234,000 233,775 225 Total Park Maintenance 2,037,232 2,378,663 2,376,682 1,981 116 CITY OF LA PORTE, TEXAS General Fund Schedule of Expenditures - Budget and Actual For The Year Ended September 30, 2010 (Continued) Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) Recreation: Personal services 520,696 527,448 520,555 6,893 Supplies 63,541 59,541 51,389 8,152 Other services and charges 194,869 198,869 198,779 90 Total Recreation 779,106 785,858 770,723 15,135 Special Services: Personal services 378,486 348,158 335,924 12,234 Supplies 25,237 25,237 22,592 2,645 Other services and charges 72,896 72,896 71,918 978 Total Special Services 476 446 430,434 15,857 Parks Administration: Personal Services 477,923 455,086 437,682 17,404 Supplies 9,300 9,300 8,686 614 Other services and charges 40,889 40,889 36,780 4,109 Total Parks Administration 528,112 505,275 483,148 22,127 TOTAL CULTURE AND RECREATION 3,821,069 4,116,087 4,060,987 55,100 TOTAL GENERAL FUND $ 31,802,589 $ 31,937,638 $ 30,767,486 $ 1,170,152 117 i a ig, 74 I Itie '' 0 °4 /MIMI f M ' '■ a ilmio:5 11 11t) kot......... "47 ira............ (.. ''• ',...,.„ 118 COMBINING FINANCIAL STATEMENTS Nonmajor Enterprise Funds Enterprise Funds are used to account for the acquisition, operation and maintenance of governmental facilities and services, which are entirely or predominantly self- supporting, by user charges. The operations of Enterprise Funds are accounted for in such a manner as to show a profit or loss similar to comparable private enterprises. Airport Fund — This fund is used to account for financial activities of the airport, which include rentals, grants and other revenues. Sylvan Beach Fund — This fund is used to account for revenues and expenses related to the operations of Sylvan Beach Convention Center. Golf Course Fund — This fund is used to account for revenues and expenses related to the operation of an eighteen -hole municipal golf course. 119 CITY OF LA PORTE, TEXAS Combining Statement of Net Assets Nonmajor Proprietary Funds September 30, 2010 Business -type Activities - Enterprise Funds Total Sylvan Beach Nonmajor Convention Bay Forest Proprietary Airport Center Golf Course Funds ASSETS Current assets: Cash and cash equivalents $ 255,056 $ - $ 1,640 $ 256,696 Investments 84,921 - - 84,921 Receivables, net of allowance for uncollectibles - - 5,122 5,122 Accrued interest receivable 37 - - 37 Total current assets 340,014 - 6,762 346,776 Noncurrent assets: Capital assets: Land 203,504 - 1,880,965 2,084,469 Buildings and improvements - - 731,524 731,524 Improvements other than buildings 5,725,144 - 2,879,348 8,604,492 Vehicles and equipment - - 43,630 43,630 Less accumulated depreciation (2,951,386) - (2,671,780) (5,623,166) Total noncurrent assets 2,977,262 - 2,863,687 5,840,949 Total assets 3,317,276 - 2,870,449 6,187,725 LIABILITIES Current liabilities: Accounts payable 115 23,262 23,377 Due to other funds - - 390,808 390,808 Accrued salaries payable - - 27,135 27,135 Other current liabilities 1,500 - 7,873 9,373 Total current liabilities 1,615 - 449,078 450,693 Noncurrent liabilities: Net pension obligation - - 47,920 47,920 Net OPEB obligation - - 102,776 102,776 Accrued separation pay - - 126,872 126,872 Total noncurrent liabilities - - 277,568 277,568 Total liabilities 1,615 - 726,646 728,261 NET ASSETS Invested in capital assets 2,977,262 2,863,687 5,840,949 Unrestricted (deficit) 338,399 - (719,884) (381,485) Total net assets $ 3,315,661 $ - $ 2,143,803 $ 5,459,464 120 CITY OF LA PORTE, TEXAS Combining Statement of Revenues, Expenses and Changes in Fund Net Assets Nonmajor Proprietary Funds For The Year Ended September 30, 2010 Business -type Activities - Enterprise Funds Total Sylvan Beach Nonmajor Convention Bay Forest Proprietary Airport Center Golf Course Funds Operating revenues: User fees $ 53,216 $ - $ 1,002,234 $ 1,055,450 Operating expenses: Personal services - - 948,532 948,532 Supplies - - 188,272 188,272 Other services and charges 15,969 - 217,082 233,051 Depreciation 165,071 - 131,211 296,282 Total operating expenses 181,040 - 1,485,097 1,666,137 Operating loss (127,824) - (482,863) (610,687) Nonoperating revenues (expenses): Interest income 1,889 - - 1,889 Total nonoperating revenue (expenses) 1,889 - - 1,889 Loss before contributions and transfers (125,935) - (482,863) (608,798) Capital contributions - - 45,059 45,059 Transfers in - - 53,000 53,000 Transfers out (518) (265,398) (17,704) (283,620) Change in net assets (126,453) (265,398) (402,508) (794,359) Total net assets — beginning 3 265,398 2,546 6 Total net assets —ending $ 3,315 $ - $ 2,143 $ 5,459 121 CITY OF LA PORTE, TEXAS Combining Statement of Cash Flows Nonmajor Proprietary Funds For The Year Ended September 30, 2010 Business -type Activities - Enterprise Funds Total Sylvan Beach Nonmajor Convention Bay Forest Proprietary Airport Center Golf Course Funds CASH FLOWS FROM OPERATING ACTIVITIES Cash received (refunded) from user fees $ 55,880 $ (1,885) $ 1,003,475 $ 1,057,470 Cash payments to suppliers (16,759) (467) (169,655) (186,881) Cash payments for personal services - (4,147) (870,082) (874,229) Net cash provided (used) by operating activities 39,121 (6,499) (36,262) (3,640) CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds - - 53,000 53,000 Transfers to other funds (518) (265,398) (17,704) (283,620) Net cash provided (used) by noncapital financing activies (518) (265,398) 35,296 (230,620) CASH FLOWS FROM INVESTING ACTIVITIES Interest on investments 2,028 70 - 2,098 Net investments purchased (124,454) - - (124,454) Net investments sold 164,759 160,546 - 325,305 Net cash provided by investing activities 42,333 160,616 - 202,949 Net increase (decrease) in cash and cash equivalents 80,936 (111,281) (966) (31,311) Balances- beginning of the year 174,120 111,281 2,606 288,007 Balances -end of the year $ 255,056 $ - $ 1,640 $ 256,696 Reconciliation of operating income (loss) to net cash provided (used) by operating activities: Operating income (loss) $ (127,824) $ - $ (482,863) $ (610,687) Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation expense 165,071 - 131,211 296,282 (Increase) decrease in accounts receivable 2,664 - 1,241 3,905 Increase (decrease) in accrued salaries payable - 3,421 3,421 Increase (decrease) in accounts payable (790) (467) (11,043) (12,300) Increase (decrease) in other current liabilities - 641 641 Increase (decrease) in customer utility deposits - (1,885) - (1,885) Increase (decrease) due to other funds - - 246,102 246,102 Increase (decrease) in accrued employee separation - (4,147) (4,586) (8,733) Increase (decrease) in net pension olbligation - - 26,923 26,923 Increase (decrease) in net OPEB obligation - - 52,691 52,691 Total adjustments 166,945 - (6,499) - 446,601 - 607,047 Net cash provided (used) by operating activities $ 39,121 $ (6,499) $ (36,262) $ (3,640) Noncash investing, capital and financing activities: Increase in fair value of assets $ 34 $ 21 $ - $ 55 Contributions of capital assets - - 45,059 45,059 122 COMBINING FINANCIAL STATEMENTS Internal Service Funds Internal Service Funds account for the financing of goods or services provided by one City department for another. Motor Pool Fund — This fund is used to account for the cost of operating and maintaining automotive and other equipment used by City departments and the purchase of general government vehicles (those not used by proprietary fund activities). Service charges are billed to departments on a monthly basis to cover all expenses of the fund. Technology Fund — This fund is used to account for the cost of operating and maintaining computer software and equipment used by City departments. Service charges are billed to departments on a monthly basis to cover all expenses of the fund. Insurance Fund — This fund is used to account for the provision of group health coverage for all City employees and others eligible under the City's plan, including employee dependents and retirees. 123 CITY OF LA PORTE, TEXAS Internal Service Funds Combining Statement of Net Assets September 30, 2010 Motor Pool Technology Insurance Totals ASSETS Current assets: Cash and cash equivalents $ 3,335,168 $ 427,108 $ 2,126,413 $ 5,888,689 Investments 1,110,456 142,207 707,997 1,960,660 Accrued interest receivable 509 54 307 870 Miscellaneous receivable 1,250 - 119,927 121,177 Material and supplies inventories, at cost 34,625 - - 34,625 Total current assets 4,482,008 569,369 2,954,644 8,006,021 Noncurrent assets: Capital assets Vehicles and equipment 12,017,142 205,945 - 12,223,087 Less accumulated depreciation (7,289,397) (151,025) - (7,440,422) Total noncurrent assets 4,727,745 54,920 - 4,782,665 Total assets 9,209,753 624,289 2,954,644 12,788,686 LIABILITIES Current liabilities: Accounts payable 11,317 35,418 509,149 555,884 Accrued salaries payable 20,511 11,970 654 33,135 Total current liabilities 31,828 47,388 509,803 589,019 Noncurrent liabilities: Accrued employee separation pay 95,619 - - 95,619 Total noncurrent liabilities 95,619 - - 95,619 Total liabilities 127,447 47,388 509,803 684,638 NET ASSETS Invested in capital assets 4,727,745 54,920 - 4,782,665 Unrestricted 4,354,561 521,981 2,444,841 7,321,383 Total net assets $ 9,082,306 $ 576,901 $ 2,444,841 $ 12,104,048 124 CITY OF LA PORTE, TEXAS Internal Service Funds Combining Statement of Revenues, Expenses and Changes in Fund Net Assets For The Year Ended September 30, 2010 Motor Pool Technology Insurance Totals Operating revenues: User fees $ 2,195,595 $ 1,111,822 $ 3,685,729 $ 6,993,146 Cable fees - 72,275 - 72,275 Total operating revenues 2,195,595 1,184,097 3,685,729 7,065,421 Operating expenses: Personal services 726,250 365,255 209,447 1,300,952 Supplies 372,849 125,398 - 498,247 Other sevices and charges 132,534 749,937 4,471,147 5,353,618 Depreciation 797,093 12,148 - 809 Total operating expenses 2,028,726 1,252,738 4,680,594 7,962,058 Operating income (loss) 166,869 (68,641) (994,865) (896,637) Nonoperating revenues: Interest income 15,136 3,350 16,010 34,496 Gain (loss) on sale of assets 75,730 (36,062) - 39 Total nonoperating revenues 90,866 (32,712) 16,010 74,164 Income (loss) before contributions and transfers 257,735 (101,353) (978,855) (822,473) Capital contributions 42,268 - - 42,268 Transfers in 1,800,000 - 497,775 2,297,775 Transfers out (13,237) (424) - (13,661) Change in net assets 2,086,766 (101,777) (481,080) 1,503,909 Net assets — beginning 6,995,540 678,678 2,925,921 10,600,139 Net assets — ending $ 9,082,306 $ 576,901 $ 2,444,841 $12,104,048 125 CITY OF LA PORTE, TEXAS Internal Service Funds Combining Statement of Cash Flows For The Year Ended September 30, 2010 Motor Pool Technology Insurance Totals CASH FLOWS FROM OPERATING ACTIVITIES Cash received from user fees $ 2,194,345 $ 1,184,097 $ 3,685,729 $ 7,064,171 Cash payments to suppliers (554,668) (934,879) (4,435,367) (5,924,914) Cash payments for personal services (734,355) (362,644) (208,793) (1,305,792) Net cash provided (used) by operating activities 905,322 (113,426) (958,431) (166,535) CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers in from other funds 1,800,000 - 497,775 2,297,775 Transfers out to other funds (13,237) (424) - (13,661) Net cash provided (used) by noncapital financng activies 1,786,763 (424) 497,775 2,284,114 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Payments for capital acquisitions (765,609) (36,170) - (801,779) Proceeds from sale of assets 131,200 - - 131,200 Net cash (used) by capital and related financing activies (634,409) (36,170) - (670,579) CASH FLOWS FROM INVESTING ACTIVITIES Interest on investments 16,058 3,668 17,621 37,347 Investments purchased (2,272,794) (413,675) (1,373,598) (4,060,067) Investments sold 2,154,418 570,846 2,036,652 4,761,916 Net cash provided (used) by investing activities (102,318) 160,839 680,675 739,196 Net decrease in cash and cash equivalents 1,955,358 10,819 220,019 2,186,196 Balances- beginning of the year 1,379,810 416,289 1,906,394 3,702,493 Balances -end of the year $ 3,335,168 $ 427,108 $ 2,126,413 $ 5,888,689 Reconciliation of operating income (loss) to net cash provided (used) by operating activities: Operating income (loss) $ 166,869 $ (68,641) $ (994,865) $ (896,637) Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation expense 797,093 12,148 - 809,241 (Increase) decrease in accounts receivable (1,250) - 321 (929) (Increase) decrease in inventories 1,982 - - 1,982 Increase (decrease) in accrued salaries payable (213) 2,611 654 3,052 Increase (decrease) in accounts payable (51,267) (59,544) 35,780 (75,031) Increase (decrease) in deferred revenue - - (321) (321) Increase (decrease) in accrued errpbyee separation (7,892) - - (7,892) Total adjustments 738,453 (44,785) 36,434 730,102 Net cash provided (used) by operating activities $ 905,322 $ (113,426) $ (958,431) $ (166,535) Reconciliation of total cash and cash investments: Current Assets - cash and cash equivalents 3,335,168 427,108 2,126,413 5,888,689 Total cash and cash equivalents $ 3,335,168 $ 427,108 $ 2,126,413 $ 5,888,689 Noncash investing, capital and financing activities: Increase in fair value of assets $ 441 $ 56 $ 281 $ 778 126 CAPITAL ASSETS USED IN THE OPERATION OF GOVERNMENTAL FUNDS These schedules present the capital asset balances related to governmental funds. A capital asset is presented in this schedule when it has been purchased using general governmental resources and is used for general governmental purposes. Assets are recorded at historical cost if purchased, or if historical cost is not available, estimated historical cost, or fair market value on the date donated, if donated. 127 tok i .4) f 1 i ll‘ t 4 illin 128 CITY OF LA PORTE, TEXAS Capital Assets Used in the Operation of Govemmental Funds Schedule by Source For The Year Ended September 30, 2010 Governmental funds capital assets Land $ 9,699,810 Buildings and improvements 34,829,904 Improvements other buildings 17,390,197 Infrastructure 34,747,261 Machinery and equipment 2,982,615 Construction in progress 4,694,817 Total governmental funds capital assets $ 104,344,604 Investment in governmental funds capital assets by source Current Operations $ 23,238,404 Capital Projects 79,781,094 Section 4B Sales Tax 1,325,106 Total govemmental funds capital assets $ 104,344,604 This schedule presents only the capital asset balances related to governmental funds. Accordingly, the capital assets reported in internal service funds are excluded from the above amounts. Generally, the capital assets of intemal service funds are included as govemmental activities in the statement of net assets. 129 CITY OF LAPORTE, TEXAS Capital Assets Used in the Operation of Governmental Funds Schedule by Function and Activity September 30, 2010 Buildings and Improvements other Function and Activity Land Improvements than Buildings Infrastructure General Government Administration $ 1,055,865 $ 10,566,154 $ 2,883,294 $ - Planning 399,789 - - 255,388 Total general govemment 1,455,654 10,566,154 2,883,294 255,388 Public Safety Fire 815,500 7,797,666 28,422 - Police 1,245 9,749,611 313,427 - Total Public Safety 816,745 17,547,277 341,849 - Public Works Adminstration 2,760,405 2,112,774 371,785 17,878,440 Streets - - - 16,515,354 Total Public Works 2,760,405 2,112,774 371,785 34,393,794 Cultural and Recreational Parks and Recreation 4,667,006 4,603,699 13,793,269 98,079 Total governmental funds capital assets $ 9,699,810 $ 34,829,904 $ 17,390,197 $ 34,747,261 This schedule presents only the capital asset balances related to governmental funds. Accordingly, the capital assets reported in internal service funds are excluded from the above amounts. Generally, the capital assets of intemal service funds are included as govemmental activities in the statement of net assets. 130 Machinery and Construction Equipment in Progress $ 446,216 $ 658,138 19,922 2,127,995 466,138 2,786,133 961,848 - 917,464 - 1,879,312 - 278,577 13,633 278,577 13,633 358,588 1,895,051 $ 2,982,615 $ 4,694,817 131 • CITY OF LA PORTE, TEXAS Capital Assets Used in the Operation of Governmental Funds Schedule of Changes by Function and Activity For The Year Ended September 30, 2010 Govemmental Govemmental Fund Capital Fund Capital Assets Assets October 1, Additions/ Retirements/ September 30, Function and Activity 2009 Adjustments Adjustments 2010 General govemment Administration $ 15,830,183 $ 1,787,777 $ (2,008,293) $ 15,609,667 Planning 1,678,154 1,146,076 (21,136) 2,803,094 Total general govemment 17 2,933,853 (2,029,429) 18,412,761 Public safety Fire 9,385,810 199,060 18,566 9,603,436 Police 11,147,546 90,332 (256,131) 10,981,747 Total public safety 20,533,356 289,392 (237,565) 20,585,183 Public works Administration 22,170,303 654,356 344,219 23,168,878 Streets 16,762,090 - - 16,762,090 Total public works 38,932,393 654,356 344,219 39,930,968 Cultural and Recreational Parks and recreation 18,859,565 4,865,818 1,690,309 25,415,692 Total governmental funds capital assets $ 95,833,651 $ 8,743,419 $ (232,466) $ 104,344,604 This schedule presents only the capital asset balances related to governmental funds. Accordingly, the capital assets reported in internal service funds are excluded from the above amounts. Generally, the capital assets of intemal service funds are included as govemmental activities in the statement of net assets. 132 STATISTICAL SECTION This part of the City of La Porte's Comprehensive Annual Financial Report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the government's overall financial health. Contents Page Financial Trends 134 These schedules contain trend information to help the reader understand how the government's financial performance and well -being have changed over time. Revenue Capacity 146 These schedules contain information to help the reader assess the govemment's most significant local revenue source, the property tax. Debt Capacity 152 These schedules present information to help the reader assess the affordability of the govemment's current levels of outstanding debt and the govemment's ability to issue additional debt in the future. Demographic and Economic Information 159 These schedules offer demographic and economic indicators to help the reader understand the environment within which the government's financial activities take place. Operating Information 161 These schedules contain service and infrastructure data to help the reader understand how the information in the govemment's financial report relates to the services the govemment provides and the activities it performs. Sources: Unless otherwise noted, the information in these schedules is derived from the Comprehensive Annual Financial Reports for the relevant year. 133 City of La Porte, Texas Net Assets by Component Last Eight Fiscal Years (accrual basis of accounting) (unaudited) Fiscal Year 2003 2004 2005 2006 Governmental activities Invested in capital assets, net of related debt $ 23,400,108 $ 32,752,971 $ 28,933,050 $ 28,424,345 Restricted 5,804,419 5,770,840 6,642,077 7,363,187 Unrestricted 23,953,457 12,997,982 19,369,700 18,983,653 Total governmental activities net assets $ 53,157,984 $ 51,521,793 $ 54,944,827 $ 54,771,185 Business -type activities Invested in capital assets, net of related debt $ 26,109,776 $ 25,996,416 $ 26,589,684 $ 29,642,136 Restricted 3,042,730 3,662,800 3,407,445 2,185,791 Unrestricted 4,709,368 2,647,090 1,264,814 3,396,751 Total business -type activities net assets $ 33,861,874 $ 32,306,306 $ 31,261,943 $ 35,224,678 Primary government Invested in capital assets, net of related debt $ 49,509,884 $ 58,749,387 $ 55,522,734 $ 58,066,481 Restricted 8,847,149 9,433,640 10,049,522 9,548,978 Unrestricted 28,662,825 15,645,072 20,634,514 22,380,404 Total primary government net assets $ 87,019,858 $ 83,828,099 $ 86,206,770 $ 89,995,863 Note: The City of La Porte first applied GASB Statement 34 in fiscal year 2003; therefore, government -wide financial information for years prior to fiscal year 2003 is not available. 134 Fiscal Year 2007 2008 2009 2010 $ 27,529,009 $24,922,673 $32,667,469 35,194,777 13,316, 591 16,566,966 16,169,693 18,108,170 19, 985, 983 18, 985, 215 16, 838, 404 13, 904, 445 $ 60,831,583 $60,474,854 $65,675,566 $67,207,392 $ 29,481,368 $35,483,003 $40,206,362 $ 40,595,009 2,184,725 2,188,240 1,352,867 1,459,834 3,295,501 3,799,361 2,472,578 2,027,477 $ 34,961,594 $41,470,604 $44,031,807 $44,082,320 57,010,377 $60,405,676 $72,873,831 $75,789,786 15, 501, 316 18, 755, 206 17, 522, 560 19, 568, 004 23,281,484 22,784,576 19,310,982 15,931,922 $ 95,793,177 $101,945,458 $109,707,373 $111,289,712 135 City of La Porte, Texas Changes in Net Assets Last Eight Fiscal Years (accrual basis of accounting) (unaudited) Fiscal Year 2003 2004 2005 2006 Expenses Governmental activities: General Government $ 8,625,554 $ 10,487,889 $ 7,411,122 $ 7,348,812 Public Safety 10,771,423 11,947,286 10,367,759 11,602,951 Public Works 3,638,063 1,267,829 5,164,855 5,209,686 Health and Sanitation 1,823,462 1,906,519 1,887,204 1,862,368 Culture and Recreation 4,048,974 4,106,491 3,717,791 3,579,917 Interest on Long -term debt 747,351 689,644 863,818 1,226,231 Total governmental activities expenses 29,654,827 30,405,658 29,412,549 30,829,965 Business -type activities: Water Services 6,339,238 6,256,424 6,477,962 6,844,635 Sewer Services 1,913,284 1,895,709 1,819,756 1,894,415 Airport 149,472 142,765 157,186 122,548 Bay Forest Golf Course 1,284,729 1,222,819 1,242,613 1,285,121 Sylvan Beach Convention Center 212,947 194,314 211,682 214,552 Total business -type expenses 9,899,670 9,712,031 9,909,199 10,361,271 Total primary government expenses $ 39,554,497 $ 40,117,689 $ 39,321,748 $ 41,191,236 Program Revenues Governmental activities: Charges for services: General government $ 660,955 $ 528,296 $ 670,332 $ 1,002,267 Public safety 1,689,780 1,441,662 1,498,310 1,333,005 Public works 1,481,061 106,026 24,242 - Health and sanitation 830,991 463,629 1,429,617 1,770,611 Culture and recreation 657,784 1,157,449 460,796 429,971 Operating grants and contributions 480,037 576,262 2,639,934 1,031,408 Capital grants and contributions - - - - Total governmental activities program revenues 5,800,608 4,273,324 6,723,231 5,567,262 Business -type activities: Charges for services Water services 4,157,556 4,155,589 4,500,140 5,438,932 Sewer services 2,493,284 2,493,134 2,591,406 2,842,495 Airport 30,001 32,728 32,728 35,624 Golf course 943,493 1,022,103 965,983 955,867 Sylvan beach convention center 161,355 180,642 163,859 162,508 Capital grants and contributions - - - - Total business -type program revenues 7,785,689 7,884,196 8,254,116 9,435,426 Total primary government program revenues $ 13,586,297 $ 12,157,520 $ 14,977,347 $ 15,002,688 136 Fiscal Year 2007 2008 2009 2010 $ 8,410,865 $ 10,056,369 $ 11,442,946 $ 11,497,476 12,153,324 16,267,453 15,495,372 17,108,837 3,668,425 4,348,281 8,095,274 4,601,382 2,487,531 2,465,327 2,378,808 2,521,222 3,120,183 4,004,206 4,222,945 6,483,006 1,352,747 1,694,638 1,527,041 1,556,740 31,193,075 38,836,274 43,162,386 43,768,663 6,548,382 6,630,986 4,832,857 5,721,303 2,086,651 2,247,031 2,603,424 2,674,456 123,904 155,970 183,186 181,040 1,310,589 1,361,970 1,436,792 1,485,097 218,053 225,353 25,649 - 10,287,579 10,621,310 9,081,908 10,061,896 $ 41,480,654 $ 49,457,584 $ 52,244,294 $ 53,830,559 $ 2,006,607 $ 2,724,739 $ 3,060,864 $ 3,116,325 435,128 591,101 1,681,028 1,593,247 - - 4,610 1,066,936 1,856,013 1,888,934 1,848,717 1,842,135 418,143 417,836 447,719 660,780 991,679 4,647,718 5,165,295 1,004,047 - 234,630 1,259,614 - 5,707,570 10,504,958 13,467,847 9,283,470 4,789,854 6,132,716 4,520,092 3,849,661 2,763,715 3,670,202 3,362,791 3,307,484 42,359 64,639 53,325 53,216 911,371 1,031,822 1,067,105 1,002,234 189,290 161,342 2,479 - 1,060,948 2,337,630 1,785,653 860,304 9,757,537 13,398,351 10,791,445 9,072,899 $ 15,465,107 $ 23,903,309 $ 24,259,292 $ 18,356,369 137 City of La Porte, Texas Changes in Net Assets Last Eight Fiscal Years (accrual basis of accounting) (unaudited) Fiscal Year 2003 2004 2005 2006 Net (expense) /revenue Governmental activities: $ (23,854,219) $ (26,132,334) $ (22,689,318) $ (25,262,703) Business -type activities: (2,113,981) (1,827,835) (1,655,083) (925,845) Total primary government net expense $ (25,968,200) $ (27,960,169) $ (24,344,401) $ (26,188,548) General Revenues and Other Changes in Net Assets Governmental activities: Taxes Property taxes, levied for general purposes $ 8,797,886 $ 9,139,422 $ 10,192,599 $ 10,535,316 Property taxes, levied for debt service 2,070,120 1,922,117 1,623,095 1,661,801 Industrial payments 7,276,821 6,896,112 6,991,926 7,659,591 Franchise taxes 1,682,849 1,718,875 1,885,801 1,986,698 Sales tax 3,037,574 3,263,459 3,459,979 4,067,767 Unrestricted investment earnings 542,254 376,359 720,137 1,874,828 Grants not specified for specific program - - - 75,189 Miscellaneous 704,886 495,102 753,595 1,137,928 Gain /(loss) on sale /retirement of capital assets (260,545) - 103,594 - Transfers (253,629) 684,697 381,625 (3,910,056) Total governmental activities 23,598,216 24,496,143 26,112,351 25,089,062 Business -type activities Unrestricted investment earnings 121,174 88,602 165,162 300,099 Miscellaneous 889,298 874,146 827,183 694,507 Gain /(loss) on sale /retirement of capital assets - (5,784) - (16,083) Transfers 253,629 (684,697) (381,625) 3,910,056 Total business -type activities 1,264,101 272,267 610,720 4,888,579 Total primary government $ 24,862,317 $ 24,768,410 $ 26,723,071 $ 29,977,640 Change in Net Assets Governmental activities $ (256,003) $ (1,636,191) $ 3,423,033 $ (173,642) Business -type activities (849,880) (1,555,568) (1,044,363) 3,962,734 Total primary government $ (1,105,883) $ (3,191,759) $ 2,378,670 $ 3,789,091 Note: The City of La Porte first applied GASB Statement 34 in fiscal year 2003; therefore, government -wide financial information for years prior to fiscal year 2003 is not available. 138 Fiscal Year 2007 2008 2009 2010 $ (25,485,505) $ (28,331,316) $ (29,694,539) $ (34,485,193) (530,042) 2,777,041 1,709,537 (988,997) $ (26,015,547) $ (25,554,275) $ (27,985,002) $ (35,474,190) $ 11,246,050 $ 11,802,564 $ 14,389,535 $ 15,182,382 1,819,554 1,880,095 2,001,702 2,560,023 8,188, 891 7,958,522 10, 554, 872 10, 732,488 2,003,691 2,165,343 2,160,425 2,170,699 5,735,725 5,803,077 5,787,406 5,913,679 2,386,980 1,782,572 687,567 293,943 - - 2,000 - 89,400 115,351 90,599 164,237 75,612 (3,532,936) (778,855) (1,000,432) 31,545,903 27,974,588 34,895,251 36,017,019 342,566 199,060 72,814 39,078 (75,612) 3,532,936 778,855 1,000,432 266,954 3,731,996 851,669 1,039,510 $ 31,812,856 $ 31,706,583 $ 35,746,919 $ 37,056,529 $ 6,060,398 $ (356,728) $ 5,200,712 $ 1,531,826 (263,088) 6,509,037 2,561,206 50,513 $ 5,797,310 $ 6,152,307 $ 7,761,918 $ 1,582,339 139 City of La Porte, Texas Governmental Activities Tax Revenues By Source Last Eight Fiscal Years (accrual basis of accounting) (unaudited) Fiscal Property Industrial Franchise Public Service Year Taxes Payments Taxes Taxes Total 2003 $10,868,006 $ 7,276,821 $ 1,682,849 $ 3,037,574 $22,865,250 2004 11,061,539 6,896,112 1,718,875 3,263,459 22,939,985 2005 11,815,694 6,991,926 1,885,801 3,459,979 24,153,400 2006 12,197,117 7,659,591 1,986,698 4,067,767 25,911,173 2007 13,065,604 8,188,891 2,003,691 5,735,725 28,993,911 2008 13,682,659 7,958,522 2,165,343 5,803,077 29,609,601 2009 16,391,237 10,554,872 2,160,425 5,787,406 34,893,940 2010 17,742,405 10,732,488 2,170,699 5,913,679 36,559,271 Note: The City of La Porte first applied GASB Statement 34 in fiscal year 2003; therefore government -wide financial information for years prior to fiscal year 2003 is not available. 140 4%* - Nor il* \ 'S$ 4/.-.1 4114 1. t lz 7, 1 : el 141 City of La Porte, Texas Fund Balances of Governmental Funds Last Ten Fiscal Years (modified accrual basis of accounting) (unaudited) 2001 2002 2003 2004 2005 General fund Reserved $ 58,827 $ 74,843 $ 209,191 $ 440,926 $ 209,191 Unreserved 7,608,591 7,053,076 6,632,833 7,009,028 8,972,133 Total general fund $ 7,667,418 $ 7,127,919 $ 6,842,024 $ 7,449,954 $ 9,181,324 All other governmental funds Reserved $ 1,303,068 $ 1,589,610 $ 7,462,916 $ 1,584,497 $ 2,061,426 Unreserved / U n des ig n ated Unreserved, reported in: Special revenue funds 3,307,882 3,850,787 3,770,935 1,005,159 4,255,634 Capital projects funds 11,765,217 13,778,877 5,067,980 9,287,535 16,488,090 Total all other governmental funds $ 16,376,167 $ 19,219,274 $ 16,301,831 $ 11,877,191 $ 22,805,150 142 Fiscal Year 2006 2007 2008 2009 2010 $ 144,775 $ 169,708 $ 360,727 $ 198,665 $ 254,636 10, 970, 885 13, 687, 895 13, 587, 254 13, 395, 364 11,849, 853 $ 11,115,660 $ 13,857,603 $ 13,947,981 $ 13,594,029 $ 12,104,489 $ 2,266,406 $ 2,670,858 $ 3,021,882 $ 2,761,058 $ 4,420,190 5,100,995 7,501,313 6,325,089 3,517,187 3,688,288 18,813,872 18,660,427 19,933,451 17,943,808 20,330,852 $ 26,181,273 $ 28,832,598 $ 29,280,422 $ 24,222,053 $ 28,439,330 143 City of La Porte, Texas Changes in Fund Balances of Governmental Funds Last Ten Fiscal Years (modified accrual basis of accounting) (unaudited) 2001 2002 2003 2004 Revenues Taxes $ 22,406,291 $ 23,300,851 $ 22,922,669 $ 22,948,635 Donations - - - - Harris County Joint Ventures - - - - Licenses and permits 262,010 238,535 199,970 320,405 Fines and forfeits 561,547 614,534 847,250 554,559 Charges and services 2,923,504 2,129,487 2,275,333 2,947,340 Intergovernmental 673,105 385,722 480,037 576,262 Interest 1,626,693 748,798 481,822 325,418 Miscellaneous 119,228 143,668 125,020 32,605 Total revenues $ 28,572,378 $ 27,561,595 $ 27,332,101 $ 27,705,224 Expenditures General Government 5,232,112 5,294,977 5,542,520 7,971,284 Public Safety 9,364,320 10,165,683 10,477,080 10,414,544 Public Works 2,487,825 2,422,522 2,556,011 2,361,192 Health and Sanitation 2,278,761 1,764,906 1,823,462 1,758,964 Culture and Recreation 3,058,199 3,297,865 3,475,888 3,245,144 Debt Service Principal 1,775,000 1,685,000 1,590,000 1,490,000 Interest 729,932 634,535 795,199 699,834 Capital Outlay 3,032,461 4,077,477 2,771,651 3,259,141 Total expenditures 27,958,610 29,342,965 29,031,811 31,200,103 Excess of revenues over (under) expenditures 613,768 (1,781,370) (1,699,710) (3,494,879) Other financing sources (uses) Issuance of debt - 5,400,000 - - Premium on bond - - - Payment to Escrow Agent 1,974,671 1,870,191 1,919, 871 3,469,026 Transfers in (1,849,671) (3,185,214) (3,423,500) (3,790,857) Transfers out - - - - Proceeds from sale of assets - - - - Total other financing sources (uses) 125,000 4,084,977 (1,503,629) (321,831) Net change in fund balances $ 738,768 $ 2,303,607 $ (3,203,339) $ (3,816,710) Debt service as a percentage of noncapital expenditures 10.0% 9.2% 9.1% 7.8% 144 Fiscal Year 2005 2006 2007 2008 2009 2010 $ 24,045,940 $ 25,687,864 $ 28,919,159 $ 30,059,710 $ 34,929,693 $36,681,503 30,000 - 30,000 - - - 1,751,555 - - - - - 531,091 683,284 919,923 559,803 641,614 476,478 678,205 848,232 1,243,694 1,726,433 1,832,570 1,802,785 3,233,453 3,887,570 3,966,801 3,958,189 4,469,922 6,083,767 1,112,687 1,174,381 716,103 4,755,080 4,868,313 988,532 630,683 1,709,163 2,117,375 1,883,095 610,270 262,993 183,658 163,380 77,056 90,409 105,221 125,142 $ 32,197,272 $ 34,153,874 $ 37,990,111 $ 43,032,719 $ 47,457,603 $46,421,200 6,848,838 7,236,765 7,696,436 8,418,445 9,869,159 9,787,606 10,532,857 11,071,829 11,769,003 15,609,623 13,858,540 14,611,737 2,430,322 2,360,073 2,407,428 2,908,970 6,663,539 2,818,921 1,808,313 1,813,812 1,972,823 2,478,846 2,087,069 2,232,848 3,067,815 3,010,725 3,103,466 3,470,123 3,817,253 5,048,448 1,330,000 1,195,000 1,235,000 1,655,000 1,695,000 1,755,000 1,030,430 1,374,314 1,582,287 1,757,889 1,572,212 1,587,566 8,566,314 6,550,309 10,012,947 6,351,166 15,556,898 10,843,496 35,614,889 34,612,827 39,779,390 42,650,062 55,119,670 48,685,622 (3,417,617) (458,953) (1,789,279) 382,657 (7,662,067) (2,264,422) 16,586,900 6,965,000 8,075,000 - - 10,560,000 191,055 37,572 - - 224,008 3,222,196 6,055,874 4,196,574 7,625,287 14,231,895 (4,409,763) (3,774,399) (7,532,602) (5,147,853) (7,501,259) (12,118,702) 9,158,123 42,250 90,083 21,253 31,518 136,559 (10,545,233) - - - - 5,024 16,076,947 5,769,410 7,182,546 155,546 2,249,752 4,992,159 $ 12,659,330 $ 5,310,457 $ 5,393,267 $ 538,203 $ (5,412,315) $ 2,727,737 8.7% 9.2% 9.5% 9.4% 8.3% 8.8% 145 City of La Porte, Texas Assessed Value and Estimated Actual Value of Taxable Property Last Ten Fiscal Years (unaudited) Fiscal Year Estimated Market Value Less: Total Taxable Ended Real Personal Tax Exempt Assessed September 30 Property Property Property Value 2001 1,346,611,820 295,183,470 219,056,080 1,422,739,210 2002 1,461,368,400 295,213,550 251,950,970 1,504,630,980 2003 1,498,049,850 270,257,240 255,642,570 1,512,664,520 2004 1,546,560,410 279,687,470 265,840,970 1,560,406,910 2005 1,601,433,200 311,721,280 278,265,540 1,634,888,940 2006 1,777,351,563 325,549,640 407,734,605 1,695,166,598 2007 1,861,821,075 350,191,031 419,779,423 1,792,232,683 2008 2,007,113,146 372,331,715 428,955,092 1,950,489,769 2009 2,237,095,319 469,916,389 502,091,647 2,204,920,061 2010 2,261,907,760 582,963,159 514,944,192 2,329,926,727 Source: City of La Porte records and the Harris County Appraisal District 146 Total Assessed Direct Total Value as a Tax Taxable Percentage of Rate Value Actual Value 0.71 1,422,739,210 100.00% 0.71 1,504,630,980 100.00% 0.71 1,512,664,520 100.00% 0.71 1,560,406,910 100.00% 0.71 1,634,888,940 100.00% 0.71 1,695,166,598 100.00% 0.71 1,792,232,683 100.00% 0.71 1,950,489,769 100.00% 0.71 2,204,920,061 100.00% 0.71 2, 329, 926, 727 100.00% 147 City of La Porte, Texas Property Tax Rates Direct and Overlapping Governments (Per $100 of Assessed Value) Last Ten Fiscal Years (Unaudited) City of La Porte 1 Overlapping Rates General Obligation Harris County Port of Harris County Fiscal Basic Debt Total Flood Control Harris Houston Board of Year Rate Service Direct District 2 County 2 Authority 2 Education 2 2001 0.570 0.140 0.710 0.047600 0.38390 0.01830 0.006300 2002 0.570 0.140 0.710 0.047600 0.38390 0.01830 0.006300 2003 0.575 0.135 0.710 0.041740 0.38810 0.01990 0.006300 2004 0.575 0.135 0.710 0.033180 0.39990 0.01670 0.006300 2005 0.611 0.099 0.710 0.033220 0.39986 0.01474 0.006290 2006 0.611 0.099 0.710 0.032410 0.40239 0.01302 0.006290 2007 0.612 0.098 0.710 0.031060 0.39239 0.01437 0.005853 2008 0.619 0.091 0.710 0.030860 0.38923 0.01773 0.005840 2009 0.619 0.091 0.710 0.029220 0.39224 0.01636 0.006050 2010 0.619 0.091 0.710 0.029230 0.38805 0.02054 0.006581 Source: 1 City of La Porte records 2 Office of Harris County 3 Office of La Porte Independence School District 4 Office of San Jacinto Jr. College District 148 Overlapping Rates San Jacinto Hospital La Porte Jr. College District 2 I.S.D. 3 District 4 Total 0.19020 1.630 0.130700 3.11700 0.19020 1.630 0.130700 3.11700 0.19020 1.680 0.130700 3.16694 0.19020 1.734 0.139100 3.22938 0.19216 1.734 0.145365 3.23564 0.19216 1.635 0.145365 3.13664 0.19216 1.305 0.145365 2.79620 0.19216 1.325 0.163411 2.83423 0.19216 1.325 0.170800 2.84183 0.19216 1.325 0.176277 2.84784 149 City of La Porte, Texas Principal Property Tax Payers Current Year and Nine Years Ago (Unaudited) 2010 2001 Percentage Percentage of Total City of Total City Taxable Taxable Taxable Taxable Assessed Assessed Assessed Assessed Taxpayer Value Value Taxpayer Value Value Conoco Phillips Co. $ 63,702,828 2.89% Conoco Inc $ 47,187,810 3.53% Oxy Vinyls LP 49,177,149 2.23% PPG Industries 44,908,720 3.36% Equistar Chemicals LP 48,220,926 2.19% Equistar Chemicals, LP 44,664,700 3.34% Granite Underwood Dist Ctr LP 46,366,214 2.10% Houston Light & Power 43,570,950 3.26% Wilson Supply 44,964,903 2.04% Solvay Polymers Corp. 37,068,510 2.77% Underwood Distribution Ctr 38,895,000 1.76% Occidental Electrochemical 31,648,750 2.37% Ineos USA LLC 38,042,280 1.73% Fina Oil & Chem. Co. 25,156,220 1.88% Dow Chemical 28,930,683 1.31% Dow Chemicals 20,688,570 1.55% PPG Industries Inc. 26,768,472 1.21% Oxy Vinyls LP 19,890,480 1.49% Total Petrochemicals 24,500,733 1.11% Dupont Dow Elastomers 11,860,110 0.89% $ 409,569,188 18.58% $ 326,644,820 24.43% Source: City of La Porte Tax Department 150 City of La Porte, Texas Property Tax Levies and Collections Last Ten Fiscal Years (unaudited) Fiscal Collected within the Year Taxes Levied Fiscal Year of the Levy Collections Total Collections to Date Ended for the Percentage in Subsequent Percentage September 30, Fiscal Year Amount of Levy Years Amount of Levy 2001 10,026,496 9,780,571 97.55% 218,014 9,998,585 99.72% 2002 10,786,185 10,463,515 97.01% 308,219 10,771,734 99.87% 2003 10,826,184 10,491,257 96.91% 304,547 10,795,804 99.72% 2004 11,178,351 10,829,202 96.88% 300,527 11,129,729 99.57% 2005 11,669,473 11,334,572 97.13% 271,368 11,605,940 99.46% 2006 12, 080, 351 11, 755,121 97.31% 265,023 12, 020,144 99.50% 2007 12,703,850 12,418,873 97.76% 234,079 12,652,952 99.60% 2008 13,857,467 13,476,872 97.25% 236,325 13,713,197 98.96% 2009 15,654,937 15,377,149 98.23% 196,930 15,574,079 99.48% 2010 16,542,483 16,309,818 98.59% - 16,309,818 98.59% Source: City of La Porte Tax Department 151 City of La Porte, Texas Ratio of Outstanding Debt by Type Last Ten Fiscal Years (unaudited) Governmental Activities General Certificates Fiscal Obligation of Other Year Bonds Obligation Obligations 2001 9,745,000 2,850,000 - 2002 8,210,000 2,700,000 5,400,000 2003 6,770,000 2,550,000 5,400,000 2004 5,430,000 2,400,000 5,400,000 2005 11,925,000 11,050,000 5,400,000 2006 12,610,000 16,405,000 5,130,000 2007 12,070,000 24,055,000 4,860,000 2008 11,475,000 23,265,000 4,590,000 2009 10,870,000 22,445,000 4,320,000 2010 11,665,000 26,350,000 4,050,000 Source: Details regarding the City's outstanding debt can be found in the notes to the financial statements. See Demographic and Economic Statistics for personal income and population data. 152 Business -Type Activities General Water and Obligation Total Percentage Sewer Revenue Refunding Other Primary of Personal Per Bonds Bonds Obligations Government Income Capita 1,200,000 1,840,000 8,080,000 23,715,000 N/A 733 975,000 1,440,000 7,710,000 26,435,000 N/A 803 750,000 1,040,000 7,293,358 23,803,358 N/A 704 625,000 585,000 6,904,178 21,344,178 N/A 633 500,000 145,000 6,500,000 35,520,000 N/A 1,028 375,000 - 8,680,000 43,200,000 N/A 1,240 250,000 - 7,957,500 49,192,500 N/A 1,413 125,000 - 7,210,000 46,665,000 N/A 1,320 - - 6,442,500 44,077,500 N/A 1,241 - - 5,660,000 47,725,000 N/A 1,298 153 City of La Porte, Texas Ratio of General Bonded Debt Outstanding Last Ten Fiscal Years (unaudited) General Bonded Debt Outstanding Percentage of General Certificates Less: Amounts Actual Taxable Fiscal Obligation of Available in Debt Value of Per Year Bonds Obligation Service Fund Total Property 1 Capita 2 2001 12,595,000 - 1,303,068 11,291,932 0.79% 349 2002 16,310,000 - 1,589,610 14,720,390 0.98% 447 2003 12,170,000 2,550,000 1,797,213 12,922,787 0.85% 382 2004 10,830,000 2,400,000 1,584,497 11,645,503 0.75% 345 2005 17,325,000 11,050,000 1,704,531 26,670,469 1.63% 772 2006 17, 740, 000 16, 405, 000 1,813,887 32, 331,113 1.91% 928 2007 16,930,000 24,055,000 1,925,756 39,059,244 2.18% 1,105 2008 16,065,000 23,265,000 1,999,842 37,330,158 1.91% 1,051 2009 15,190,000 22,445,000 2,151,483 35,483,517 1.61% 965 2010 15,715,000 26,350,000 3,117,688 38,947,312 1.67% 1,152 Note: Details regarding the City's outstanding debt can be found in the notes to the financial statements. Per Capita provided from the 2010 Census 1. See the Schedule of Assessed Value and Estimated Actual Value of Taxable Property for property value data. 2. Population data can be found in the Schedule of Demographic and Economic Statistics. 154 City of La Porte, Texas Direct and Overlapping Governmental Activities Debt As of September 30, 2010 (unaudited) Estimated Estimated Share of Debt Percentage Overlapping Governmental Unit Outstanding Applicable Debt Debt repaid with property taxes Harris County $ 2,160,291,628 0.82% $ 17,714,391 Harris County Department of Education 8,160,000 0.82% 66,912 Harris County Flood Control District 102,539,024 0.82% 840,820 Harris County Toll Road - Toll Road Bonds (a) - 0.82% - La Porte ISD 228,325,000 39.10% 89,275,075 Port of Houston Authority 763,619,397 0.82% 6,261,679 San Jacinto Jr. College District 268,105,000 5.95% 15,952,248 Subtotal, overlapping debt $ 3,531,040,049 $ 130,111,125 City of La Porte direct debt 43,640,000 100% $ 43,640,000 Total direct and overlapping debt $ 173,751,125 (a) Harris County Toll Road debt is considered self- supporting. Source: Texas Municipal Reports Percentages are based on total property values. 155 City of La Porte, Texas Legal Debt Margin Information Last Ten Fiscal Years (unaudited) Fiscal Year 2001 2002 2003 2004 2005 Debt limit $ 35,568,480 $ 37,615,775 $ 37,816,613 $ 39,010,173 $ 40,872,224 Total net debt applicable to limit 11,291,932 14,720,390 10,372,787 9,245,503 15,620,369 Legal debt margin $ 24,276,548 $ 22,895,385 $ 27,443,826 $ 29,764,670 $ 25,251,855 Total net debt applicable to the limit as a percentage of debt limit Note: The City has no general obligation legal debt limit other than a ceiling on the tax rate as specified by the State of Texas. The precribed maximum is $2.50 per $100 of the appraised value 156 Fiscal Year 2006 2007 2008 2009 2010 $ 42,379,165 $ 44,805,817 $ 48,762,244 $ 55,123,000 $ 58,248,168 15,926,113 18, 855, 756 18,064,842 15,190, 000 18,832,688 $ 26,453,052 $ 25,950,061 $ 30,697,402 $ 39,933,000 $ 39,415,480 Legal Debt Margin Calculation for Fiscal Year 2009 Assessed value $ 2,329,926,727 Add back: exempt property $ 514,944,192 Total assessed value $ 2,844,870,919 Debt limit (2.5% of total assessed value) 58,248,168 Debt applicable to limit: General obligation bonds $ 15,715,000 Less: Amount set aside for repayment of general obligation debt 3,117,688 Total net debt applicable to limit 18,832,688 Legal debt margin $ 39,415,480 157 City of La Porte, Texas Pledged- Revenue Coverage Last Ten Fiscal Years (unaudited) Water and Sewer System Revenue Bonds Utility Less: Net Fiscal Service Operating Available Debt Service Times Year Charges 1 Expenses 2 Revenue Principal Interest Coverage 2001 6,094,735 4,347,508 1,747,227 660,000 168,781 2.11 2002 5,988,595 4,814,158 1,174,437 625,000 132,418 1.55 2003 5,837,448 5,025,158 812,290 580,000 115,948 1.17 2004 5,836,221 5,125,635 710,586 580,000 71,293 1.09 2005 6,193,451 5,259,943 933,508 565,000 43,161 1.53 2006 7,438,016 5,389,783 2,048,233 270,000 111,712 5.37 2007 6,722,774 5,681,548 1,041,226 262,500 106,828 2.82 2008 8,916,777 5,653,497 3,263,280 387,500 91,605 6.81 2009 7,920,114 5,743,725 2,176,389 • 387,500 76,350 4.69 2010 7,822,294 6,514,343 1,307,951 525,000 215,458 1.77 Note: 1. Includes interest income. 2. Excludes depreciation. 158 City of La Porte, Texas Demographic and Economic Statistics Last Ten Calendar Years (Unaudited) Personal Per Income Capita (thousands Personal Median School Unemployment Year Population of dollars) Income Age Enrollment Rate 2000 31,880 675,155 21,178 33 7,645 4.2% 2001 32,356 N/A N/A N/A 7,772 5.3% 2002 32,910 N/A N/A N/A 7,732 6.2% 2003 33,789 N/A N/A N/A 7,648 6.6% 2004 33,712 N/A N/A N/A 7,629 5.7% 2005 34,538 N/A N/A N/A 7,808 5.3% 2006 34,825 N/A N/A N/A 7,786 4.7% 2007 35,362 N/A N/A N/A 7,889 4.4% 2008 35,518 N/A N/A N/A 7,940 5.2% 2009 36,779 N/A N/A N/A 7,830 9.4% 2010 33,800 N/A N/A 33 7,781 8.2% Sources: Estimated population provided by the 2010 Census Personal income, per capita personal income is currently unavailable Median age provided by the 2010 Census School enrollment provided by LPISD. Unemployment rates provided from the Bureau of Labor Statistics. 159 City of La Porte, Texas Principal Employers Current Year and Twelve Years Ago (unaudited) 2010* 1998 ** Percentage Percentage of Total City of Total City Employer Employees Rank Employment Employer Employees Rank Employment La Porte ISD 1,154 1 4.20% Solvay Polymer 1,100 1 N/A Rockwood Service Corp. 700 2 2.55% San Jacinto College 1,003 2 N/A Longview Inspection Corp. 664 3 2.41% La Porte ISD 987 3 N/A Quest Tru TEC 636 4 2.31% E.I. Dupont 870 4 N/A Oxy Vinyls, LP 530 5 1.93% Millenium (formerly Quantum) 736 5 N/A City of La Porte 380 6 1.38% Akzo Nobel 500 6 N/A Ineos 350 7 1.27% Hickham Industries 270 7 N/A Equistar Chemicals, LP 334 8 1.21% Dow Chemical 250 8 N/A Sulzer Hickham 330 9 1.20% Fina Oi1 & Chemical 225 9 N/A Air Liquide 170 10 0.62% Geon Company 180 10 N/A Total 5,248 19.08% 6,121 Source: *City Economic Development Office ** City of La Porte Official Statement, Series 1998 General Obligation Bonds Employment data for 2001 was not available, so the data from 1998 was used as a comparison. Total employment figures for 1998 were not available, so therefore the percentage of total city employment could not be calculated. 160 City of La Porte, Texas Full -Time Equivalent City Government Employees by Function /Program Last Six Fiscal Years (unaudited) Fiscal Year Function /Program 2005 2006 2007 2008 2009 2010 General Government 76 76 80 79 78 79 Public Safety 135 138 147 142 143 144 Public Works 32 32 32 32 32 32 Health & Sanitation 22 21 21 22 22 22 Culture and recreation 47 45 44 45 45 46 Water Services 26 27 25 25 25 25 Sewer Services 20 20 20 20 20 20 Golf Course 13 13 12 12 12 12 Sylvan Beach Convention Ctr. 3 3 4 4 4 0 Source: City Budget Office Note: Data not available for fiscal years prior to 2005. 161 City of La Porte, Texas Operating Indicators by Function /Program Last Ten Fiscal Years (unaudited) Fiscal Year 2001 2002 2003 2004 2005 Function /Program Police Physical arrests 2,114 2,193 2,271 2,000 2,330 Tickets processed 9,489 9,298 9,605 6,593 6,877 Fire Number of calls answered 584 610 976 1,343 1,747 Inspections N/A N/A N/A 500 500 Highways and streets Street resurfacing (linear feet) 42,000 26,200 27,800 33,800 22,975 Potholes repaired 232 271 413 524 531 Sanitation Cu. Yds. Garbage collected 28,025 28,655 28,243 29,675 30,022 Cu. Yds. Trash collected 48,049 52,796 50,111 54,875 49,140 Culture and recreation Fitness center admissions 68,668 73,764 76,311 84,353 81,868 Water Number of water meters 10,699 10,957 10,987 11,189 11,391 Average daily water consumption (million gallons) 4.1 3.1 4.0 3.8 4.1 Water mains breaks 505 491 440 299 437 Wastewater Average daily sewer treatment 3.9 3.4 3.9 4.0 3.5 (thousands of gallons) Golf Course Number of Paid Rounds Played 43,063 42,540 38,594 38,901 34,961 Source: City Departments Notes: N/A - Data not available 162 Fiscal Year 2006 2007 2008 2009 2010 2,465 2,489 2,642 2,737 2,538 8,212 9,652 15,352 16,098 16,603 2,028 1,603 1,799 1,409 1,559 N/A 600 320 600 690 27,835 22,100 19,887 23,559 38,365 321 1,260 996 1,012 1,236 30,795 29,279 29,282 29,894 29,642 49,140 52,250 48,136 78,900 48,368 70,558 62,828 62,245 53,401 78,118 11,592 11,743 11,913 11,968 12,015 3.9 3.8 4.0 4.0 3.9 483 467 455 498 417 2.8 3.9 3.2 2.8 3.7 32,731 32,433 35,839 36,009 31,271 163 City of La Porte, Texas Capital Asset Statistics by Function /Program Last Ten Fiscal Years (unaudited) Fiscal Year 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Function /Program Public Safety Police Station 1 1 1 1 1 1 1 1 1 1 Police Officers 71 71 72 72 72 73 74 74 74 75 Reserve Officers 3 5 5 5 5 5 6 2 1 2 Fire Stations 4 4 4 4 4 4 4 4 4 4 Sanitation Collection trucks 13 13 14 14 14 14 14 14 14 14 Highways and streets Streets (miles) 160 164 164 164 211 217 211 295 126 126 Streetlights 2,072 2,109 1,533 1,665 2,192 1,803 1,804 2,400 2,387 2,387 Traffic signals 3 3 3 3 3 3 3 3 7 5 Culture and recreation Parks acreage 462 463 463 463 337 339 347 347 356 356 Parks 18 18 19 19 21 21 22 22 21 21 Swimming pools 6 6 6 6 6 6 6 6 6 5 Recreation Centers 1 1 1 1 1 1 1 1 1 4 Senior Center 1 1 1 1 1 1 1 1 1 1 Water and Sewer Water Mains (miles) 229 231 231 231 165 168 176 178 180 180 Fire Hydrants 1,800 1,800 1,800 1,800 1,800 1,800 1,076 1,161 1,168 1,179 Sanitary Sewers (miles) 185 186 187 187 187 187 189 189 191 191 Storm Sewers (miles) 88 88 89 89 89 92 92 92 92 95 Source: City Departments 164 6 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 3 -28 -11 Appropriation Requested By: Ken Adcox Source of Funds: Department: Police Department Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Proposed Ordinance Amount Requested: Exhibits: Agreement with City of Shoreacres re: Jail Budgeted Item: YES NO Services Exhibits: SUMMARY & RECOMMENDATION Consider approval of an ordinance approving an agreement between the City of Shoreacres and the City of La Porte for City jail services. This agreement allows La Porte to charge reasonable and customary charges and fees for services provided. In consideration for the Jail Services provided by the City of La Porte, the City of Shoreacres will pay a monthly service fee of $1,245.37. The ordinance will be in effect for the term of three years (April 1, 2011 through March 31, 2014), with a cancellation clause allowing either party to withdraw from the contract upon sixty (60) days written notice to the other party. Action Required by Council: Ref . t Council approve Ordinance approving the agreement between the City of La Porte and the City of oreac s for City jail services. A o o CI d WILS ouncil A ends t 5/.1i/it Ron Bottoms, City Manager Date ORDINANCE NO. AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE CITY OF SHOREACRES, TEXAS TO PROVIDE JAIL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte, Texas. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents posting thereof. ORDINANCE NO. 3� Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 28th day of March, 2011. CITY OF LA PORTE, TEXAS By: AI • uisR.Rg ayor ATTEST: Patrice Fogarty City Secretary APPROVED: (X4/C4 Clark T. Askins Assistant City Attorney AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This Agreement made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas hereinafter referred to as "LA PORTE" and the CITY OF SHOREACRES, a municipal corporation of Harris County, Texas, hereinafter referred to as "CITY ", WITNESSETH WHEREAS, CITY is in need of certain governmental services for the benefit of the people and property within its city limits, and WHEREAS, LA PORTE is able and willing to provide said governmental services to CITY, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, PURSUANT TO THE AUTHORITY GRANTED BY Chapter 791, "Interlocal Cooperation Contracts ", Texas Government Code, and in consideration of the mutual covenants, agreements, and benefits to both cities, it is hereby agreed as follows: A. GENERAL PROVISIONS I. For and during the three years beginning on the 1st day of April, 2011, and ending on the 31st day of March, 2014, LA PORTE agrees to furnish CITY Jail Services as hereinafter more specifically described. This agreement supersedes any prior agreement between the parties on the subject matter hereof. II. For and in consideration of the Jail Services to be provided by LA PORTE to CITY, CITY agrees to pay LA PORTE a Monthly service fee of $1,245.37. III. LA PORTE will not be liable for loss or damage to person or property arising from, caused by, or resulting from any alleged act or omission, including negligence, of LA PORTE, its officers or employees or volunteers in carrying out the terms of this agreement. CITY agrees to indemnify, and save and hold LA PORTE harmless, from any such claim for loss or damage by itself, or by any person, firm, corporation, or association, in connection with this agreement. IV. Either party to this agreement may cancel by giving sixty (60) days written notice to the other party. Such notice will be effective as of midnight of the last day of the expiration of such sixty (60) days notice. V. CITY personnel shall abide by all LA PORTE rules, regulations, and policies, as they now exist, or may be amended hereafter, relating to the services rendered including the use of facilities made available to the CITY under the terms of this agreement. VI. LA PORTE agrees to allow CITY to temporarily confine persons arrested by CITY'S law enforcement officers in the LA PORTE City Jail until such time as they can be properly released or conveniently moved by officers of the City of Shoreacres to the Harris County Jail. VII. CITY agrees to keep certifications current of all law enforcement officers, required by the Texas Commission on Law Enforcement standards and education or other appropriate regulatory authority having jurisdiction, and shall provide copies of same to LA PORTE, if so requested. VIII. CITY will be solely responsible for all medical care for, and all transportation of arrestees brought -to and /or being taken from the LA PORTE jail. In addition, CITY shall be solely responsible for the security of the arrestee during said transportation. IX. LA PORTE may suspend service and may refuse to accept an arrestee from CITY, in its sole discretion. X. CITY will be solely responsible for providing appropriate magistrate services for arrestees brought to the LA PORTE jail by officers of the City of Shoreacres. WITNESS OUR HANDS and the seals of our respective Cities, effective as of the 1st day of April, 2011. PASSED AND APPROVED by the City Council of the City of SHOREACRES, by its Ordinance No. 2011 -91,on the 7th day of March, 2011. ��•��p CITY OF SHOREACRES f N . AD `' >- • �'"" • r i Mayor Arons ATTEST: v • .. David Stall, C Secretary PASSED AND APPROVED by the City Council of the City of La Porte, by its Ordinance No. 33, q , on the o� day of Li)') OutCJ) , 2011. 01/4F L •'T By: Alra. 7 A4. Olt Ron . sttoms City Manager ATTEST: alTtLit,g City Secretary d ' APPROVED: a/i14A City Attorney D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested March 28, 2011 Appropriation Requested By: Donald Ladd Source of Funds: N/A Department: Fir Account Number: Amount Budgeted: Report: Resolution: Ordinance: X Amount Requested: Exhibits: Copy of POHBBCT Contract Budgeted Item: YES NO Exhibits: Ordinance Exhibits: SUMMARY & RECOMMENDATION The City has negotiated a new contract with the Port of Houston Authority for Secondary Fire Protection at the Barbour's Cut Terminal for a period of twenty-four months, in the amount of $1,260.00 monthly. Attached is an ordinance authorizing the City Manager to execute a contract effective March 1, 2011 with the Port of Houston Authority for Secondary Fire Protection at the Barbour's Cut Terminal. The current contract expired on September 30, 2010 and has been running month to month. This contract will continue previous contract for an additional 2 years at the current rate. The submitted 2011 -2013 contract is based on a POHBCT population of 1,250 Total annually $15,120.00 Action Required by Council: Approve an Ordinance authorizing the City Manager to execute a contract with the Port of Houston Authority for Secondary Fire Protection with the City of La Porte Fire Department. , • , A I . /M, or Ci IN! uncil • • enda 1 /((i Ro i ' ttoms, '. Manager Date CONTRACT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: § This Contract made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County, Texas hereinafter referred to as "PORT' WITNESSETH: WHEREAS, PORT is in need of certain governmental services for the benefit of the people and property at its Harbour's Cut Terminal; and WHEREAS, LA PORTE is able and willing to provide said governmental services to PORT, upon the terms, conditions, and covenants herein contained; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows; 1. For and during the two year term beginning on the 1st day of March 2011, and ending on the 28th day of February 2013, LA PORTE agrees to furnish to PORT, the secondary fire suppression services hereinafter more specifically described. This Contract shall remain in effect after February 28, 2013 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. II. For and in consideration of the governmental services to be provided by LA PORTE, PORT agrees to pay LA PORTE twenty -four monthly payments in the sum of ONE THOUSAND TWO HUNDRED SIXTY DOLLARS ($1260.00). Such charges are to be paid in full by PORT to LA PORTE, on or before the tenth day of the month following the month in which such services are rendered. The total amount of the contract is not to exceed the amount of THIRTY THOUSAND TWO HUNDRED FORTYY AND 00 /100 DOLLARS ($30,240.00). ANNUAL COST OF CONTRACT ADJUSTMENT- The cost of the contract shall be based on an Average Daily Population ( "ADP ") of personnel working at Barbours Cut Terminal. The cost of contract adjustment shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the contract year, and shall be subject to review and adjustment annually, commencing March 1, 2013, III. LA PORTE will not be liable for loss or damage to person or property arising from or caused by or resulting from alleged negligence of LA PORTE, its officers, employees, or volunteers, in carrying out this contract. PORT agrees to release and hold harmless, from any such claim for loss or damage by itself, or by any person, firm, corporation, or association, in connection with this contract. PORT further agrees to reimburse LA PORTE the fair market value of any of LA F'ORTE'S equipment damaged or destroyed while engaged in fire suppression services on behalf of PORT hereunder. IV. PORT shall provide primary fire suppression service, which routinely includes nuisance type fire calls, and Life Flight landings. LA PORTE agrees to provide secondary fire suppression services for structural fires, rescue calls beyond the capacity of the PORT, and catastrophic events within PORT'S Barbour's Cut Terminal, (but not including on board vessel fires), for the term of this Contract, upon the terms and conditions herein contained, when in the judgment of PORT employees, such service is necessary to deal with a specific emergency. V. Sole discretion will rest with the LA PORTE Fire Chief, or his duly authorized assistants, as to the personnel and equipment that will answer each call for assistance from the PORT, provided that protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE'S Fire Department). VI. PORT agrees to authorize LA PORTE duly authorized officers the right to inspect or tour property within PORT'S Barbour's Cut Terminal, with a member of the PORT'S management or marine operations present. Additionally, during calls for assistance, LA PORTE will determine safe operation areas on Port property that include, but are not limited to, closure of roadways, trucks, cranes, tractors, etc. for the protection of LA PORTE'S personnel and equipment. VII. This Contract shall become effective at 12 am Central Time, on the 1 day of March 2011, and shall remain in full force and effect until the 28 day of February 2013, unless otherwise cancelled as provided in Paragraph I above. This Contract is entered into subject to the Charter and Ordinances of the City of LA PORTE and all applicable State and Federal Laws. EXECUTED IN DUPLICATE ORIGINALS, as of this the f day of 4-1Yyi X k , 2011 ATTEST: CITY : LA PORTE • By: /LI / �'�! (i./'c2 B City Secretary / (/ 11 10 4 Manager Ecsn°1 PORT OF HOUSTON AUTHORITY APPROVED AS TO FORM: APPROVED: Counsel Senior Vice President, Operations FUNDS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE: Harris County Auditor ORDINANCE NO. 2011- '3D AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR SUPPLEMENTAL FIRE PROTECTION, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council of the City of La Porte officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 201172230 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 28th day of March, 2011 CITY I By: Ai' ' Ai LLoll °ig. Ilk A� S T . . , '441fil../...g.:Le 'atrice Fogarty /City S-cretary APPRO D ' - : /, ar 'T. Askin - s, City Attorney 2 d � i ✓a REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 28, 2011 Budget Requested Bv: Ron Bottoms Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: Amount Budgeted: N/A Exhibits: Opposing Archeological Designation Res. Amount Requested: Exhibits: Supporting Archeological Designation Res. Budgeted Item: YES NO Exhibits • • • • , , • _ • , .., _ , ! , . • , • SUMMARY & RECOMMENDATION Attached are two resolutions, one opposing the designation oldie Sylvan Beach Pavilion as a State Archeological Landmark and the other resolution supporting the designation of the Sylvan Beach Pavilion as a State Archeological landmark. Action Required by Council: Appr • solution opposing or supporting the designation of the Sylvan Beach Pavilion as a State A ieologic Landmark. A.'ro f Cit I . 2 cilA!ends Mgr - 3 /147 P Ron • ottoms, v Manager Date RESOLUTION NO. 2011- 03 A RESOLUTION OPPOSING THE DESIGNATION OF THE SYLVAN BEACH PAVILION AS A STATE ARCHEOLOGICAL LANDMARK; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Texas Historical Commission has received an application from the Friends of Sylvan Beach Park & Pavilion requesting that the Sylvan Beach Pavilion he designated a State Archeological Landmark; WHEREAS, Judge Ed Emmett, on behalf of Harris C 1t/ has requested that the designation he disapproved or delayed until the resto i it the pavilbu. i)mplete; (.9 WHEREAS, Harris County has requested th� h - 'ity of 1, rte loin them in their q opposition to this designation; c \ P °( NOW THEREFORE BE IT RE. ,n 1 ED BY THE CITY COUNCIL OF THE '1 )F LA PORTE: Section 1. The City of La Porte pposes the designation of the Sylvan Beach Pavilion as a State Archeological Landmar . Section 2. The City Co ncil officially finds, determines, recites and declares that a sufficient written notic of the date, hour, place and subject of this meeting of the City Council is posted at a dace convenient to the public at the City Hall of the City for the time required by law preceding this meeting. as required by the Chapter 551, "1'x. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Resolution shall he effective upon its passage and approval. Passed by the City Council this 28' day of March, 2011. CITY OF LA POR l'l', Louis R. Rigby Mayor ATTEST: Patrice Fogarty Assistant City Secretary APPROVED: ('lark Askins Assistant City Attorney RESOLUTION NO. 2011 - A RESOLUTION SUPPORTING THE DESIGNATION OF THE SYLVAN BEACH PAVILION AS A STATE ARC'HEOLOGIC'AL LANDMARK; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Texas Historical Commission has received an application from the Friends of Svlvan Beach Park & Pavilion requesting that the Sylvan Beach Pavilion he designated a State Archeological landmark; WHEREAS, the Texas Historical Commission will consider the nomination at their quarterly meeting currently scheduled for March 31, 2011: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of 1.a Porte supports the designation of the Svlvan Reach Pavilion as a State Archeological landmark. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City l lall of the City for the time required by law preceding this meeting, as required by the Chapter 551, 1'x. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Resolution shall he effective upon its passage and approval. Passed by the ('itv Council this 28` day of March, 2011. CITY OF LA POR1'I Louis R. Rigby Mayor ATTEST: Patrice Fogarty Assistant City Secretary APPROVED: Clark Askins Assistant City Attorney 201 -03 -21 16:26 REP. SMITH, WAYNE (512) 463 -1323 >> 281 842 1259 P•2111- :7( ,, : 134/1 l COUNTY J U D G E January 13, 2011 Texas Historical Commission P.O. Box 12276 Austin, TX 78711 -2276 Attention: Mark Wolfe, State Historic Preservation Officer Subject: State Archeological Landmark Nominations, Sylvan Beach Pavilion, La Port, Harris County, Texas Dear Mr. Wolfe: We have received your letter dated 27 September 2010 and have grave concerns over the fiscal impact which would occur if Sylvan Beach Pavilion, La Porte is designated as a State Archeological Landmark. We have reviewed the Texas Antiquities Code and feel that the burden of limiting qualified architects, engineers and contractors as well as time delays will put the restoration project in danger. We are currently preparing phase one drawings for submittal to the Texas Historic Commission for the initial foundation stabilization and seawater infiltration prevention plan. Phase two plans propose a restoration with a Texas Department of Rural Affairs Hurricane Ike Recovery Grant. The grant funds will be used to repair, restore and preserve the pavilion. These grant funds are limited and have a short expiration date. We respectfully request the designation be disapproved or delayed until the restoration grant program is complete. We do intend to work closely with the Texas Historic Commission on this project. Sincerely, P• Judge • Emmett County Judge CC: Commissioner Jack Mormon John R. Blount, PE, LEED, AP Mike Swain, AIA ADMINISTRATION .- . .......................-.....-.._ .._...._....................... ... .. .. ...... .............._._......... -..._ .......................... .. DING 1001 PRESTON. SUITE 911 HOUSTON. TEXAS 77002 )713)755-4000 17131 755.8379 2011 -03 -21 16:26 REP. SMITH, WAYNE (512) 463 -1323 » 281 842 1259 P 3/11 raxAs HISTORICAL COMMISSION real places trlli,t,' read stories RECEIVED February 28, 2011 ril:?ID "r NGINEERING The Honorable Ed Emmett 2011 P 2: Ob County Judge 1 larris County 1001 Preston St, Suite 911 1 iouston, TX 77002 Re. State Areheologic•al Landmark Nomination, Sylvan Beach Pavilion, La Porte, flar,-is County, Texas Dear Judge Emmett, Thank you for your correspondence dated January 13, 2011, which describes the fiscal impact that State Archeological Landmark (SAL) desiirrnation of the Sylvan Beach Pavilion in La Porte would have on Harris County. In response, we would like to offer clarification regarding the requirements and review procedures of the Antiquities Code of Texas and Section 106 of the National Historic Preservation Act. Your letter requests that the SAL nomination be disapproved or delayed until the current project at the Sylvan Beach Pavilion has been completed. However, please be aware that pending landmarks are afforded the same protection as designated resources. The Rules of Practice and Procedure for the Antiquities Code of Texas state: Interim protection and notification. Once a valid nomination for a landmark building or structure has been received and the commission's staff determines the property is eligible for designation, no project work may be undertaken on the property without a permit issued by the commission unless or until the commission denies the nomination or designation. (13 Tex. Admin. Code § 26.12(c)) The nomination for the Sylvan Beach Pavilion has been evaluated as valid, and consequently, an Antiquities Permit will be required for work performed while it is under consideration. The next step is review by the Antiquities Advisory Board (AAB) and nomination by the Texas Historical Commission. The next scheduled meetings of the AAB and THC will be on March 30, and March 31, respectively, in Austin. The City of Houston will be formally notified of the nomination's placement on the meeting agendas and will be afforded the opportunity to comment to both bodies. I Iarris County has received a Hurricane ike Recovery Grant from the Texas Department of Rural Affairs for rehabilitation of the pavilion. As you are aware, this project requires review by our office under Section 106 of the National Historic Preservation Act due to the federal source of the grant funds. We would like to assure you that review of your project pursuant to an Antiquities Permit application would not be onerous or add further delays. The same architectural reviewer involved with the Section 106 review also handles SAL permit applications for your region of the state. Concurrent review of your project under state and federal law will be possible. Furthermore, our staff reviews all projects relative to the Secretary of the Interior's Standards for the Treatment of Historic Properties to determine if proposed work meets accepted preservation practice. Work considered to have "no adverse effect" to a historic property under Section 106 review would be eligible for an Antiquities Permit_ Finally, your letter references a need for "qualified architects, engineers and contractors" under the Antiquities Code of Texas. As a state agency, the Texas Historical Commission cannot reconvnend one or tradesperson over another, and we do not involve ourselves in the hiring process. Though "µy' we strongly suggest the use of architects, engineers, and contractors who have experience with similar -v historic buildings, we would not require that as a condition of an Antiquities Permit. 1 ,, As noted in our letter of September 28, 2010, the Texas Antiquities Code (Chapter 191, Subchapter D, 191.092(h)) states that the Texas Historical Commission "shall consider any and all fiscal impact on local political subdivisions before any structure or building owned by a local political subdivision may y. RICK PERRY, GOVERNOR • JON T. HANSEN, CHAIRMAN • MARK WOLFE, EXECUTIVE DIRECTOR P0. BOX 12276 • AUSTIN. TEXAS • 78711 -2276 • P 512.163 6100 • F 512.475.4872 • roo 1 .800 735 2989 • w', Inc state Ix lis 2011 -03 -21 16:27 REP. SMITH, WAYNE (512) 463 -1323 » 281 842 1259 P 4/11 be designated as a state archeological landmark." We therefore invite you to submit such information. Similar information has also been solicited from the applicant. You should consider the fiscal impact of the designation with an understanding of the how the Texas Antiquities Code applies to buildings and structures. Title 13, Part Ii, Chapter 26.22 of the Texas Administrative Code (Application for Historic Structure Permits) describes the permit process for buildings and structures that are designated State Archeological Landmarks. This section of the code outlines the steps that the owner of the Sylvan Beach Pavilion would have to take before any work could be performed that has the potential to cause removal, damage, or alteration to the integrity, form, or appearance of the materials, features, or landform of the historic structure and its site. This section also identifies the standards for the treatment of historic properties that must be adhered to under the code. We understand your concerns regarding the limited timeline for use of Hurricane Ike grant funds and are committed to working with your staff to ensure a successful project. We look forward to maintaining a partnership that will foster effective historic preservation. if you have any questions or if we can be of further assistance, please contact Greg Smith with History Programs Division at 512/463 -6013 or Kelly Little with the Division of Architecture at 512/463 -7687, Sinc A 1 W\ \ Vv Mark Wolfe, Executive Direct Cc: Commissioner Jack Mormon, Harris County John R. Blount, PE, LEED AP, Harris County Mike Swain, AIA, Harris County Janet Wagner, Chair, Hams County Historical Commission • - i 1 r� c) { rn o rrl N %n T 2011 -03 -21 16:27 REP. SMITH, WAYNE (512) 463 -1323 » 281 842 1259 P 5/11 TEXAS HISTORICAL COMMISSION real places telling real stories • March 8, 2011 MAR l 20/i - HA R,tys coo. E, C E!Il%. vuGP + The Honorable Ed Emmett Harris County Judge�� 1001 Preston, Suite 911 4 Houston, Texas 77002 Re: Nomination for State Archeological Landmark Status Sylvan Beach Pavilion, La Porte, Harris County, Texas Dear Judge Emmett The Texas Historical Commission will consider nomination for the above referenced property to be considered for designation as State Archeological Landmarks under the Antiquities Code of Texas. Our staff will present the nomination of the above property to the Commissioners at the Texas Historical Commission Quarterly Meeting currently scheduled for March 31, 2011. This meeting will be held in Austin, Texas at the Sheraton Austin at the Capitol, 701 East 11 Street, Capitol D Ballroom, starting at 8:30 a.m. The property will also be discussed at the Antiquities Advisory Board meeting on March 30, 2011, starting at 3:15 p.m. in Capitol ABC room at the same location. Thank you for your efforts to preserve the irreplaceable heritage of Texas. If you have any questions, or need further information, please contact Lillie Thompson at 512/463 -1858. Sincerely, l e 1/14CLAJA, f Mark Wolfe / Executive Director MW /Ift Cc: Harris County Historical Commission Chairman RECEIVED BY MAR 14 2011 DOWNTOWN ANNEX - _ 44. RICK PERRY, GOVERNOR • JON T. HANSEN, CHAIRMAN • MARK WOLFE, EXECUTIVE DIRECTOR P.O. BOX 12276 • AUSTIN, TEXAS • 78711-2276 • P 512.463.6100 • F 512.475.4872 • TDD 1.800.735.2989 • www.thc.state.tx.us 2011 -A3 -21 16:27 REP. SMITH, WAYNE (512) 463 -1323 >> 281 842 1259 P 6/11 TEXAS - 1 - 11STCRJCAL £OMMISSION - APPLICATION FOR STATE ARCHEOLOGICAL LANDMARK NOMINATION: ARCHEOLOGICAL SITE PROPERTY INFORMATION an SET 1 0 .zo rj Site Name (and/or Site Trinomial) Sylvan Beach Pavilion County(ies) in which property is located Hands County USGS Quadrangle Name and Number La Porte TTX2064 . Location of Property S lv. :each Park 54 North Ba sh. e Drive La P• Texas' _ 71 Property Owner _People of Hand Coun Coun Elected Re ire entative: Co Jude Ed minett Elected Representatives Address 1001 Preston, Suite 911 City/State/Zip , Houston, Texas 77002 Telephone (include are code) 713 755 - 4000 Email iudge.emmett@cj6.hcttc.ner .r. w CRITERIA FOR EVALUATENG ARCHEOLOGICAL. SITES Archeological sites may be recognized as state archeological landmarks if any of the following criteria are met [check appropriate boxes]: ❑ The site has the potential to contribute to a better understanding of the prehistory and/or history of Texas by the addition of new and important information; ❑ The site's archeological deposits and the artifacts within the site are preserved and intact, thereby supporting the research potential or preservation interests of the site; x The site possesses unique or rare attributes concerning Texas prehistory and/or history; ❑ The study of the site offers the opportunity to test theories, and methods of preservation, thereby contributing to new scientific kiioViledge; x The high likelihood that vandalism and relic collecting has occurred or could occur, and official landmark designation is needed to insure maximum legal protection, or alternatively further investigations are needed to mitigate the effects of vandalism and relic collecting when the site cannot be protected. OWNER (OR CONTROLLING AGENCY) Owner People of Barris County Texas Controlling Agency: Harris Countv Parks Department, Precinct 2. South Parks Address 5002 NASA Road 1 City /State /Zip - ab • o Texas 586 Telephone (include are code) 281- 326 -6539 - Email (OVER) ,574—d6)!1.12/( 2011 -03 -21 16:27 REP. SMITH, WAYNE (512) 463 -1323 » 281 842 1259 P 7/11, . • • APPLICATION FOR STATE ARCHEOLOGICAL LANDMARK NOMINATION: ARCHEOLOGICAL. SITE (CONT1NIIED). • FOR SITES ON PRIVATE PROPERTY" ONLY 1, • _ .. , as owner of this property, enders = . • • at if this site is accepted and entered into the committee's records as a State Archeological Landmark, it will - • -kts' • r be protected by, and its use governed by, the Antiquities Code of Texas• insofar as provided in that Code Furthermore, X understand that if the site is designated as a State Archeol . A Landmark I will be provided with a "Notice of Designation as a State Archeological Landmark," whic • . gree to record in the county in which the site is located. Furthermore, I understand that, in accordance w' • ection 191.097 of the Antiquities Code of Texas, the committee may remove the designation of State Archeolo ' • Landmark from the site if it is determined that such designation is no longer warranted. Furthermore, I swear tha the owner of the parcel of land nominated for designation as a State Archeological Landmark, or have ' : sent of a legal authority to make this nomination, subject to penalty of law as provided by Texas Penal Code, - - : 7.10. Owner's Signature NOMINATOR INFORMATION Name of Individual or Group Ted Powell Affiliation (if nominator is not the owner) President, Friends of Sylvan Beach Park & Pavilion, {501(CN3) non profit} Nominator's Address ..._17.0.0,Roscoe_St, City/State /Zip La Porte. Texas 77571 Telephone (include area code). 281-799-2920 Email savethepavilion4a comcast,net Nominator owns the property 0 Y'es x No Nominator's Signature � --�� Date ,52./..r C /0 REQUIREMENTS FOR APPLICATION 1. If the nominator is not the owner, a notice of nomination must be published in a newspaper of general circulation in the city, town; or county in which the property is• located: Publication. costs are the responsibility of the nominator. 2. An original copy of the notice and an affidavit of publication signed by the publisher must be attached to this application. 3. A current photograph or slide of the property and any associated outbuildings and structures, a brief description of the property; a brief statement of significance, and a current boundary description (legal description or lot and block number) must be attached to this. application: Note: Private landowners will receive a copy of the State Archeological Landmark form for signature prior to nomination. Texas historical Commission 'TEXAS Archeology Division P.O. Box 12276, Austin, TX 78711 -2276 ,; �jI vt...,••s 411/444104 COMMISSION 2011 -03 -21 16:28 REP. SMITH, WAYNE (512) 463 -1323 >> 281 842 1259 ,P 8/11 • Sylvan Beach Pavilion Description The 1956 Sylvan Beach Pavilion is a two -story, concrete- and - steel - framed: mid- twenti century • modern dance pavilion. It overlooks Galveston Bay and was built in Sylvan Beach Park, a twenty - one -acre public park acquired by Harris County in 1954 in the bayside town of La Porte, Texas. The Sylvan Beach Pavilion consists of an octagonal, glass - walled ballroom pavilion crowned by a circular . concrete roof plate; an attached, rectangular, flat - roofed block containing stairs, a spacious entrance foyer, and a concession bar; and a broad, angled, open air terrace deck. The entire complex is elevated on concrete columns ten feet above grade. The octagonal ballroom pavilion is walled with glass and is transparent. The foyer block is faced with corrugated cement asbestos board interrupted on the front (northwest) and side.(southwest) elevations by projecting bays containing access stairs. The northwest stair bay is faced with turquoise painted stucco; the southwest bay is faced with brick. • The southeast elevation, facing the terrace deck and the bay, is almost all glass and is fitted with a scalloped; cantilevered canopy above the concession bar. The interior of the Sylvan Park Pavilion is broad and open, reflecting its modern design and bayside location. The most significant interior feature is the circular hardwood dance floor surrounded by a seating area designed to accommodate crowds as large as a thousand people. Another significant feature is the ballrooms conical roof plate, which curves upward to a central oculus. The roof plate is a thin shell, steel reinforced concrete dome that is 135 feet in diameter. The shallow dome rises to a ten -foot wide central oculus. Eighty -five feet from its center point, the roof is supported by a tension ring consisting of post tensioned steel cables encased in concrete upstand beams carried on eight, equally spaced concrete columns, eighteen inches in diameter, which frame the octagonal •dance.floor. The outer twenty -foot perimeter of the roof plate is canted upward. This "brim" (as the architects called it) counterbalances the.thrust of the interior portion of the roof plate along the tension ring, holding the roof structure in equilibrium even in winds as high as 120 miles per hour. • Statement of Significance: • • ,,The Sylvan Beach Pavilion, completed in 1956, is named for the public park in which it was built. It is the third pavilion to have been built in this park. It embodies the distinctive characteristics of the Texas darice_hall type employing a method of construction (thin shell concrete vaulting) and the artistic values (modernist Functionalist planning and spatial organization) especially associated with the mid - twentieth- century period in Texan architecture. The pavilion is one of the most outstanding examples of mid - twentieth- century modern architecture built along Galveston Bay. In the area of engineering, the pavilion is an early example of the. application of modemist construction practices to the problem of designing a glass - walled, Tong -span pavilion in a vulnerable location exposed to the storm surges and violent wind gusts of periodic tropical hurricanes. Therefore, the pavilion building possesses unique attributes concerning mid 20 century Texas architectural and engineering history. ��V 2011 -03 -21 16:28 REP. SMITH, WAYNE (512) 463 -1323 > 281 842 1259 .P 9/11r • • Boundary Description: The p is located in Sylvan Beach Park. It is bounded on the east by Galveston Bay, on the west by Bayshore Drive, on the north by a line projected east from the right -of -way of S. Kansas St, and on the south by a line projected •east from the right -of -way of Grove St. The pavilion is located in the southern sector of the park. • Photographs: L-r it 1�' -•. t 7 ] �' rY TV �� 1 � ' f ,a 1 '°+C.�s 1,446 e +'S �t�a ;` i �r i N'1' 1 _��r � S P S 4 � 111 9� �,,� � S rF t , � r t�� :*' . { a E � � � r 7:1_—"-`.,-.". 4 `" ,. t 7 r�,iH r. K , - - 7 d , , ,'"l J Y y, ,_-✓ .� : u- `.: � _/ 1 r ,> • * • „,- . - ti .,, -: , :i. ^• 'r�� 7 � f. �:� M. � L . 3 ' *r ,4:,,, p ' ' t a i . l ` � ..V, 1- -0 - L .:.c ` X l;,.. r R4 ,. 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M n I , ^ •, 1,., i r y "2d U',c •• fi "i'r rt.n ,+n .n 1 `.c xr r r C �r„ - ... . . -∎�'AZ ^-�,C w.a f4� ' a , v+➢, ,T_ ..4 ` •,"r -+1. •1•L �i yt7 , " ' "' Y r• a r., e . .,.k a �, • msµ : : i ce .. - ! J ) ,, • ,-- , ; t ry -- ..' A {. . fi .... -. ., ` . ._ - . • � r N rte' � �J i " , ry .,• , "i _ . . � . - , �' .•*c;_ k.. � ga„�r .1r . ^ ! ,.`J`r. - . :r �! . _ ; , y ` . � .. .. ... _ 'i Pavilion - street side -1956 • , r t ! ■ . R AP 1 ^� ke a S 1f�' - — -' r t l <r 1 7l� 1,i 1 )' � . " CR �z TJIL • gar }.`yt, Vii= fi / ul) r , � s' 10 ':- �, 4. *te i s ,,, £ " • • - .. ' t Tl , i , - 7 7. t44,„ • r.,• ,'r°,.r f:.; 1e .:1 ','%'.., ld o . (, { � . , � . • r s , r riLr .'7 �a 4Y .. Ballroom, 1956 (L), 2006 (R) (-),,:.?-1.)-t-,,f)( 2011,r03-21 16:33 REP. SMITH, WAYNE , (512) 463-1323 >> 281 842 1259 •I" 10/11 . . - • • • • • . ----' • , ... , q , :•1 , 0ir , „ ;? ,,4 , , , ,,,„„:•:. , . , - , ..„..-.; .• !"• . 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Fogarty, Patrice From: Rigby, Louis Sent: Friday, March 25, 2011 2:53 PM To: fogartyp @laportetx.gov Subject: FW: Sylvan Beach Pavilion Ok let's try it with the correct spelling From: Rigby, Louis Sent: Friday, March 25, 2011 2:51 PM To: Bottoms, Ron; 'Daryl Leonard'; Engelken, Chuck; 'Jay Martin'; 'John Balck'; 'Mike Clausen'; 'Mike Mosteit'; Moser, Tommy C; Zemanek, John P. Cc: Leach, Traci; 'fogertyp @laportetx.gov' Subject: RE: Sylvan Beach Pavilion I met with Commissioner Morman and his Chief of Staff Dave Walden today and wanted to give everyone an update: • A Request for Qualifications will go out next Friday to begin the process of identifying an architectural firm to design the repairs /additions to the pavilion. It is estimated that this portion of the process will cost $927,000. The RFQ process including identification of a firm and approval by Commissioner's Court could take as long as two and a half months. • The $5.6m TDRA grant can only be used on the pavilion and cannot be redirected to any other county project. This grant has a "shelf life" of August 31, 2012 and repairs /additions to the pavilion must be complete. If there is substantial completion on that date the county can ask for an extension but there is no guarantee of one. The county has no money other than this grant and if it is not complete and there is no extension they do not know what will happen. • If granted, an archaeological designation would delay the design by up to three months for an initial investigation. If during the course of the construction phase something is found, further delays could halt the project for up to six months which would jeopardize the grant's timelines. • Janet Wagner with the Harris County Historical Commission and Gail Miller who is the Director of Operations and Administration will be in attendance at the meeting Monday to answer any specific questions we may have. From: Bottoms, Ron Sent: Thursday, March 24, 2011 2:41 PM To: Daryl Leonard; Engelken, Chuck; Jay Martin; John Balck; Louis Rigby; Mike Clausen; Mike Mosteit; Moser, Tommy C; Zemanek, John P. Cc: Leach, Traci Subject: Sylvan Beach Pavilion Mayor and Council: I received an update from Commissioner Morman's office and thought it was worth passing on. Commissioners Court has affirmed their opposition to the designation and authorized the Chair of the Harris County Historical Commission to attend the upcoming Texas Historical Commission meeting and speak on behalf of the County. This item is on your agenda to discuss Monday night. The County's fear is that this designation could kill the project by adding time and money to the budget and may cause the County to miss the grant deadline (August 2012). Ron 1 Fogarty, Patrice From: alexine strum [a_strum @comcast.net] Sent: Monday, March 28, 2011 10:14 AM To: tcginc @aol.com; csthomas25 @hotmail.com; Fogarty, Patrice; craig Bland; Marsha Bluestein Subject: Fw: Urgent Request - City of La Porte Considering Asking State to Deny Pavilion Historic Designation Original Message From: Alexine Ingraham," <savethepavilion @comcast.net> Sent: Monday, March 28, 2011 Subject: Urgent Request - City of La Porte Considering Asking State to Deny Pavilion Historic Designation > This Monday, 28 March, the La Porte City Council will consider a > resolution asking the State of Texas to deny the pavilion being > designated a state historic landmark. The pavilion was listed on the > National Historic Registry last September so federal funds can not be > used to damage or destroy the building. However, without state historic > designation city funds could be used to demolish the pavilion. Harris > County has told the city that they may give Sylvan Beach park to the city > and Mayor Rigby has stated that the city has $4 -5 million dollars > available for the (new ?) pavilion. Please plan to attend Monday's city > council meeting and fill out the 'green' form stating that you want the > city to support the state historical designation. You do not have to > speak, but if you wish to do so just check the appropriate box on the > 'green' form. > Please pass this on to your neighbors and friends. > Regards, > Ted Powell > President, Friends of Sylvan Beach Park & Pavilion 1 Meeting Handout 0, 74;) TEXAS HISTORIC/AL COMMISSION f real real �'1 places telling real .Sff)3 "G' February 28, 2011 The Honorable Ed Emmett County Judge Harris County 1001 Preston. St., Suite 911 Houston, TX 77002 Re: State Archeological Landmark Nomination, Sylvan Beach Pavilion, La Porte, Harris County, Texas Dear Judge Emmett, Thank you for your correspondence dated January 13, 2011, which describes the fiscal impact that State Archeological Landmark (SAL) designation of the Sylvan Beach Pavilion in La Porte would have on Harris County. In response, we would like to offer clarification regarding the requirements and review procedures of the Antiquities Code of Texas and Section 106 of the National historic Preservation Act. Your letter requests that the SAL nomination be disapproved or delayed until the current project at the Sylvan I3each Pavilion has been completed. I-Iowever, please be aware that pending landmarks are afforded the same protection as designated resources. The Rules of Practice and Procedure for the Antiquities Code of Texas state: Interim protection and notification. Once a valid nomination for a landmark building or structure has been received and the comm.ission's staff determines the property is eligible for designation, no project work may be undertaken on the property without a permit issued by the commission unless or until the commission denies the nomination or designation. (13 Tex. Admin. Code § 26.12(c)) The nomination for the Sylvan Beach Pavilion has been evaluated as valid, and consequently, an Antiquities Permit will be required for work performed while it is under consideration. The next step is review by: the Antiquities Advisory Board (AAB) and nomination by the Texas Historical Commission. The next scheduled meetings of the AAB and THC will be on March 30, and .March 31, respectively, in Austin. The City'of Houston will be formally notified of the nomination's placement on the meeting agendas and will be afforded the opportunity to comment to both bodies. Harris County has received a Hurricane Ike Recovery Grant from the Texas Department of Rural Affairs for rehabilitation of the pavilion. As you are aware, this project requires review by our office under Section 106 of the National historic Preservation Act due to the federal source of the grant funds. We would like to assure you that review of your project pursuant to an Antiquities Permit application would not be onerous or add further delays. The same architectural reviewer involved with the Section 106 review also handles SAL permit applications for your region of the state. Concurrent review of your project under state and federal law will be possible. Furthermore, our staff reviews all projects relative to the Secretary of the Interior's Standards for the Treatment of Historic Properties to determine if proposed work meets accepted preservation practice. Work considered to have "no adverse effect" to a historic property under Section 106 review would be eligible for an Antiquities Permit. Finally, your letter references a need for "qualified architects, engineers and contractors" under the Antiquities Code of Texas. As a state agency, the Texas Historical Commission cannot recommend one professional or tradesperson over another, and we do not involve ourselves in the hiring process. Though " ''- we strongly suggest the use of architects, engineers, and contractors who have experience with similar historic buildings, we would not require that as a condition of an Antiquities Permit. As noted in our Letter of September 28, 2010, the Texas Antiquities Code (Chapter 191, Subchapter D, Section 191.092(h)) states that the Texas Historical Commission "shall consider any and all fiscal impact on local political subdivisions before any structure or building owned by a local political subdivision may RICK PERRY, GOVERNOR JON T. HANSEN, CHAIRMAN , 0 MARX WOLFE, EXECUTIVE DIRECTOR P.O. BOX 12276 4 AUSTIN, TEXAS 4.78711-2276 51" ;63.6100 F 512.=1, 5.4872 s OD ._;00.73:' 2989 ,.,d',..ihic state .1 : us be designated as a state archeological landmark." We therefore invite you to submit such information. Similar information has also been solicited from the applicant. You should consider the fiscal impact of the designation with an understanding of the how the Texas Antiquities Code applies to buildings and structures. Title 13, Part 11, Chapter 26.22 of the Texas Administrative Code (Application for Historic Structure Permits) describes the permit process for buildings and structures that are designated State Archeological Landmarks. This section of the code outlines the steps that the owner of the Sylvan Beach Pavilion would have to take before any work could be performed that has the potential to cause removal, damage, or alteration to the integrity, form, or appearance of the materials, features, or landform of the historic structure and its site. This section also identifies the standards for the treatment of historic properties that must be adhered to under the code. We understand your concerns regarding the limited timeline for use of Hurricane Ike grant funds and are committed to working with your staff to ensure a successful project. We look forward to maintaining a partnership that will foster effective historic preservation. If you have any questions or if we can he of further assistance, please contact Greg Smith with History Programs Division at 512/463 -6013 or Kelly Little with the Division of Architecture at 512/463 -7687. Sincerely, Mark Wolfe, Executive Direct Cc: Commissioner Jack Mormon, Harris County John R. Blount, PE, LEED AP, Harris County Mike Swain, AIA, Harris County Janet Wagner, Chair, Harris County Historical Commission I = thip 6Cit COUNTY JUDGE January 13, 2011 Texas Historical Commission P.O. Box 12276 Austin, TX 78711 -2276 Attention: Mark Wolfe, State Historic Preservation Officer Subject: State Archeological Landmark Nominations, Sylvan Beach Pavilion, La Port, Harris County, Texas Dear Mr. Wolfe: We have received your letter dated 27 September 2010 and have grave concems over the fiscal impact which would occur if Sylvan Beach Pavilion, La Porte is designated as a State Archeological Landmark. We have reviewed the Texas Antiquities Code and feel that the burden of limiting qualified architects, engineers and contractors as well as time delays will put the restoration project in danger. We are currently preparing phase one drawings for submittal to the Texas Historic Commission for the initial foundation stabilization and seawater infiltration prevention plan. Phase two plans propose a restoration with a Texas Department of Rural Affairs Hurricane Ike Recovery Grant. The grant funds will be used to repair, restore and preserve the pavilion. These grant funds are limited and have a short expiration date. We respectfully request the designation be disapproved or delayed until the restoration grant program is complete. We do intend to work closely with the Texas Historic Commission on this project. Sincerely, • Judge ' . Emme County Judge CC: Commissioner Jack Mormon John R. Blount, PE, LEED, AP Mike Swain, AIA ADMINISTRATION BUILDING 1001 PRESTON. SUITE 911 HOUSTON. TEXAS 77002 17131 755 -4000 17131 755 - 8379 LP City Council SAL Discussion 10 Minutes `For' SAL designation Introduction FSBP &P is 501 c 3 educational non profit Ted Powell is the current president Background • FSBP &P successfully nominated the SBP to the National historic Registry — listed on 9 September, 2010 • On 22 Sept received a call from TDRA that they had been observing our efforts and now that the building has achieved NHR status they had are awarding a HUD CDBG for the pavilions restoration. (Note: only 1 other project was awarded an historical restoration HUD CDBG Ike related grant — Galveston Strand Facade project). • FSBP &P has also successfully nominated the SBP for state :RTHL (Recorded Texas Historical Landmark). The HCHC andtheState Historical Commission has approved the nomination and :we have sent the THC a $1500 check for the historical marker casting: • FSBP &P has also nominated the SBP for SAL status during 4Q10. (Note: An SAL nomination can not be submitted until NHR listing is achieved) The THC reviewed the nomination and deemed the building eligible. The Antiquities board will review the nomination this Wednesday in Austin and if they approve will forward to the Historical Commissioners Board for their final consideration during their 2Q11 meeting. What is the purpose of the designations?: • NHR: National recognition of an important historical asset for the state and nation. Federal protection against the use of federal funds to damage or destroy this historical landmark • SAL: Although titled SAL this nomination is for a building not an archeological dig of the ground under the pavilion. The SAL designation prevents the use of state or local tax dollars from being used to damage or destroy the SBP. The scenario is as you recently described it to me Mayor Rigby - earlier this year a representative from HC approached you and stated that the county may be interested in giving SB Park to the City of La Porte (This was confirmed by Dave Waldren, Pcnt 2 Chief of Staff to the Commissioner). If that were to occur, then the city of La Porte could use the $4 -5M you also mentioned as earmarked for a `pavilion project' to damage or destroy the building w/o any historical review or consequence. SAL will prevent this from happening as any funds from any source could not be used without an antiquities permit. Restoration Project: • As the project will use federal HUD CDBG funds, the restoration must follow the US Dept of Interior Section 106 guidelines for its conduct and must be reviewed and approved by the THC staff. • The SAL would require an antiquities permit that follows the same US . Dept of Interior Section 106: guidelines, and as mentioned in the THC letter, can be performed co- currently with the NHR approval as the same individual does both permits — so no project delay will occur. _ As the THC deemed the SBP SAL eligible, the project must progress under an antiquities permit until the historical commissioners rule otherwise. • Regarding site archeology any antiquities found on all public properties whether or not they are listed as NHR or SAL, are afforded protection under the state antiquities code. So if an arrowhead or bone fragment were found during any earth movement or trenching, an investigation would be triggered whether it is an SAL or not. However, as this is not a virgin site but rather was a major construction site 54 years ago and has been inundated by storm surge several times since, there is little chance that any antiquities will be found at this site. From: Greg Smith <Greg.Smith @thc.state.tx.us> Subject: FW: Sylvan Beach SAL Date: March 28, 2011 4:17:03 PM CDT To: "Ted Powell (savethepavilion @comcast.net)" <savethepavilion @comcast.neb, "Ted Powell (tapowell2 @comcast.net)" <tapowel l2 @ comcast. neb 1 Attachment, 13.9 KB Here you go, Ted. We understand that there is some concern about whether the State Archeological landmark designation of the Sylvan Beach Pavilion would delay the federally- funded project to rehabilitate the property, so we are providing clarification regarding the requirements and review procedures of the Antiquities Code of Texas and Section 106 of the National Historic Preservation Act. • Harris County has received a Hurricane Ike Recovery Grant from the Texas Department of Rural Affairs for rehabilitation of the pavilion. This project requires review by our office under Section 106 of the National Historic Preservation Act due to the federal source of the grant funds. The pavilion is already protected under the State Antiquities Code through interim protection. Once a valid State Archeological (SAL) nomination for a building or structure has been received and the commission's staff determines the property is eligible for designation, no project work may be undertaken on the property without a permit issued by the commission unless or until the commission denies the nomination or designation. (13 Tex. Admin. Code § 26.12(c). • The nomination for the Sylvan Beach Pavilion has been evaluated as valid, and consequently, an Antiquities Permit will be required for work performed while it is under consideration. Potential archeological properties at the pavilion site are already protected under the Antiquities Code of Texas regardless of the building's SAL status. • The likelihood of significant archeological properties at the pavilion site is remote; the Texas Historical Commission does not anticipate further investigations that would delay the project beyond the review period required under Section 106 of the National Historic Preservation Act. • SAL designation would not delay project review under Section 106 or the Antiquities Code. The Texas Historical Commission routinely reviews projects concurrently under the Antiquities Code of Texas and Section 106 of the National Historic Preservation Act. Review of the proposed project pursuant to an Antiquities Permit application would not be onerous or add further delays. The same architectural reviewer involved with the Section 106 review also handles SAL permit applications for each region of the state. • Texas Historical Commission staff reviews all projects relative to the Secretary of the Interior's Standards for the Treatment of Historic Properties to determine if proposed work meets accepted preservation practice. Work considered to have no adverse effect" to a historic property under Section 106 review would be eligible for an Antiquities Permit. Gregory Smith National Register Coordinator History Programs Division Texas Historical Commission PO Box 12276 Austin, Texas 78711 512 - 463 -6013 www.thc.state.tx.us TEXAS HISTORICAL COMMISSION Smart Zone Commgnications Center Page 1 of 1 SmartZone Communications Center tapowell2 @comcast.ne + Font size - Re: Sylvan Beach Pavilion From : tapowel12 @comcast.net Fri Mar 25 2011 3:23:15 PM Subject : Re: Sylvan Beach Pavilion To : jzemanek @zemanekmarine.com, moser electric <moser_electric @sbcglobal.net> Like to meet with you and Tommy tomorrow if possible. I have a letter from THC that counters the claim stated in Rigby's Email. Original Message From: jzemanek @zemanekmarine.com To: "Ted Powell" <tapowell2 @comcast.net> Sent: Friday, March 25, 2011 2:54:57 PM Subject: Fw: Sylvan Beach Pavilion Sent from my Verizon Wireless BlackBerry From: "Rigby, Louis" <rigbyl @laportetx.gov> Date: Fri, 25 Mar 2011 14:51:06 -0500 To: Bottoms, Ron <BottomsR @laportetx.gov >; Daryl Leonard <leonard.daryl @yahoo.com>; Engelken, Chuck <cengelken @att.net >; Jay Martin <jmdistrict5 @aol.com >; John Balck <baysun1437 @gmail.com >; Mike Clausen <clausenm @lpisd.org>; Mike Mosteit<mosteit66 @aol.com>; Moser, Tommy C <moser_electric @sbcglobal.net >; Zemanek, John P.<jzemanek @zemanekmarine.com> Cc: Leach, Traci<LeachT @Iaportetx.gov >; <fogertyp @laportetx.gov> Subject: RE: Sylvan Beach Pavilion I met with Commissioner Morman and his Chief of Staff Dave Walden today and wanted to give everyone an update: • A Request for Qualifications will go out next Friday to begin the process of identifying an architectural firm to design the repairs/additions to the pavilion. It is estimated that this portion of the process will cost $927,000. The RFQ process including identification of a firm and approval by Commissioner's Court could take as long as two and a half months. • The $5.6m TDRA grant can only be used on the pavilion and cannot be redirected to any other county project. This grant has a "shelf life" of August 31, 2012 and repairs /additions to the pavilion must be complete. If there is substantial completion on that date the county can ask for an extension but there is no guarantee of one. The county has no money other than this grant and if it is not complete and there is no extension they do not know what will happen. • If granted, an archaeological designation would delay the design by up to three months for an initial investigation. If during the course of the construction phase something is found, further delays could halt the project for up to six months which would jeopardize the grant's timelines. • Janet Wagner with the Harris County Historical Commission and Gail Miller who is the Director of Operations and Administration will be in attendance at the meeting Monday to answer any specific questions we may have. From: Bottoms, Ron Sent: Thursday, March 24, 2011 2:41 PM To: Daryl Leonard; Engelken, Chuck; Jay Martin; John Balck; Louis Rigby; Mike Clausen; Mike Mosteit; Moser, Tommy C; Zemanek, John P. Cc: Leach, Traci Subject: Sylvan Beach Pavilion Mayor and Council: I received an update from Commissioner Morman's office and thought it was worth passing on. Commissioners Court has affirmed their opposition to the designation and authorized the Chair of the Harris County Historical Commission to attend the upcoming Texas Historical Commission meeting and speak on behalf of the County. This item is on your agenda to discuss Monday night. The County's fear is that this designation could kill the project by adding time and money to the budget and may cause the County to miss the grant deadline (August 2012). Ron http: / /sz0145.ev. mail. comcast .net /zimbra/h /printmessage ?id = 204264 &xim =1 3/28/11 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 28, 2011 Appropriation Requested By: Stephen L. Barr Source of Funds: N/A Department: Parks & Recreation Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Takings Resolution Amount Requested: Exhibits: City Attorney letter to City Council Budgeted Item: YES NO X Exhibits: SUMMARY & RECOMMENDATION In December 2009 the City of La Porte sent a request for easement to CenterPoint Energy for a proposed bicycle - pedestrian pathway between the new Pecan Park and the Brookglen community. The easement is necessary to connect the park with the community across the CenterPoint power line corridor. The easement request was rejected by CenterPoint and the City began the process of obtaining a Takings Resolution in July of 2010. At that time, the Council directed staff to continue negotiations with CenterPoint to try to reach a solution. A new, shorter easement route was established, which met the CenterPoint request for a perpendicular crossing. CenterPoint's major concern is that the City cannot legally indemnify a public utility, so they feel that granting the easement places an undue liability burden on them. CenterPoint requested a License Agreement rather than an easement and the City agreed to entertain the proposal. Several draft versions of the agreement have been proposed by both sides. Staff members from both groups have continued to meet to try to resolve the problems associated with the language of the proposed License Agreement. For example, CenterPoint wanted the right to cancel the license with 90 days notice, without cause. The City was not comfortable with this condition, as well as others in the proposed agreement. On March 10 the City Attorney received notification from CenterPoint that they will not grant an easement or a license agreement for our use of the property and asked us to proceed with the condemnation suit (see attached Exhibit). In consultation with the City Attorney and the City Council, the only recourse the City has at this point, is to exercise our right of condemnation for the .0344 acres of land that we need to be able to build the pathway. The City Attorney will be obtaining an appraisal of the property values for the condemnation procedure. Council has recommended that staff present the attached Takings Resolution that will put CenterPoint on notice that the City intends to use condemnation power to obtain an easement on this property. Action ' • ' ired by Council: Con '.er apiroval of a Takings Resolution for acquisition of 0.0344 acres of land by condemnation from C= terPoin Energy as described in the metes and bounds in said Resolution, by the City of La Porte. A rov, "i for i C o nc! / A ends _3 „%i A Ron Bottoms, City Manager Date askins & askins P.C. ATTORNEYS and COUNSELORS Knox W. Askins Clark T. Asldns March 10, 2011 via email Ms. Patrice Fogarty City Secretary City of La Porte Dear Patrice: Please place the enclosed Resolution on the March 28, 2011, City Council agenda. Yours very truly, Knox W. Askins City Attorney City of La Porte KWA:sw Enclosure cc: Mr. Robert J. Montgomery Attorney at Law olteach®hotmail.com Ms. Sharon Harris Assistant City Secretary Mr. Ron Bottoms City Manager Mr. Stephen Barr Director of Parks & Recreation Mr. Tim Tietjens Director of Planning Mr. Clark T. Askins Assistant City Attorney 702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572 -1218 281.471.1887 phone • 281.471.2047 fax • knoxasldns@comcast.net • ctaskins@swbell.net RESOLUTION NO. 2011-bl_ RESOLUTION AUTHORIZING THE ACQUISITION OF A TEN (10) FOOT WIDE PEDESTRIAN BIKE EASEMENT, CONTAINING 0.0344 ACRES OF LAND IN THE CITY OF LA PORTE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has "ound and determined that public necessity requires the loc- ion of rights -of -way for pedestrian /bike purposes on the • described real property, in the City of La Porte, - ris County, Texas; WHEREAS, the City Council of the C • a Porte has found and determined that rights -of -way f• = ten (10) foot wide pedestrian /bike easement over and ac •= •e hereinafter described real property is suitable and n eded ight-of-way purposes, and that it is necessary to acqui`, same • right -of -way purposes; WHEREAS, the City Council he City of La Porte has found and determined that a to •or -" •nstruction easement, twenty -five (25) feet on each side o ` - -nterline of the ten (10) foot wide easement, is suita•le a d't - =:ed for construction purposes; and WHEREAS, the e• ncil of the City of La Porte deems it advisable to autho + =nd does hereby authorize, Knox W. Askins, City Attorney of - City of La Porte, or his designated representative, to epresent the City of La Porte in the acquisition of the ereinafter described property; NOW THEREFO• , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Sectio 1. That the said Knox W. Askins, as City Attorney for the City 2f La Porte, or his designated representative, be and he is hereby authorized to negotiate with the owners of the here' after described land, concerning the acquisition by the City of La Porte, of right -of -way for a ten (10) foot wide pedestrian/ bike easement, located in the City of La Porte, Harris County, Texas, said right -of -way being more particularly described on the metes and bounds description, attached hereto as Exhibit "A ", and plat, attached hereto as Exhibit "B ", incorporated by reference herein, and made a part hereof for all purposes, at the fair market value for same, and should said City Attorney, or his designated representative, as the duly authorized representative of the City of La Porte, be unable to agree with such owners as to the fair market value of such pedestrian /bike right -of -way, then, and in that event, said attorney be, and he is hereby authorized and directed to file against all owners and lienholders, proceedings in eminent domain to acquire the above described property, for pedestrian /bike easement right -of -way purposes, and that the proper employees or duly authorized agents and attorneys of the City of La Porte be and they are hereby authorized and directed to perform any and all necessary acts within their respective spheres of official duties toward the final acquisition of the herein described property. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 28th day of March, 2011 CITY OF LA PORTE By: Louis R. Rigby, Mayor 2 ATTEST: Patrice Fogarty City Secretary APPRO Knox W. Askins City Attorney 3 METES AND BOUNDS DESCRIPTION 0.0344 ACRES OF LAND IN THE WILUAM M. JONES SURVEY, ABSTRACT No. 482 IN HARRIS COUNTY, TEXAS (10' PEDESTRIAN /BIKE EASEMENT - HOUSTON LIGHTING AND POWER Co,) BEING a 0.0344 acre tract of land situated in the William M. Jones Survey, Abstract No. 482 in Harris County, Texas and being a part of that certain 12.87 acre tract of land described in the deed to Houston Lighting and Power Co. recorded in Volume 2480, Page 600, Deed Records of Harris County, Texas, said 0.0344 acre tract is described by metes and bounds as follows: COMMENCING at a 1 inch pipe on the South line of Spencer Highway, being the Northeast comer of said 12.87 acre tract; THENCE, South 03 degrees 06 minutes 25 seconds East, along the East line of said 12.87 acre trail and the West line of that certain 16.72 acre tract of land described in the Judgment to Coastal industrial Water Authority recorded In Harris County Clerks File No. E165986, Official Public Records of Real Property of Harris County, Texas, 1,863.37 feet to the POINT OF BEGINNING of this tract herein described; • THENCE, South 03 degrees 06 minutes 25 seconds East, along the East line of said 12.87 acre tract and the West line of said 16.72 acre tract, 10.00 feet; THENCE, South 86 degrees 53 minutes 35 seconds West, 150.00 feet to a point on the West line of said 12.87 acre tract and the East line of Lot 68 Block 1 of Replat of Brookglen Sec. Two, a subdivision recorded in Volume 167, Page 109 Map Records of Harris County, Texas, from said point a 1/2 inch iron rod for the Southeast comer of said Lot 68 and the Northeast comer of Lot 69 said Block 1 bears South 03 degrees 06 minutes 25 seconds East, 5.00 feet; THENCE, North 03 degrees 06 minutes 25 seconds West, along the East line of said Lot 68 and the West line of said 12.87 acre tract, 10.00 feet; THENCE, North 86 degrees 53 minutes 35 seconds East, 150.00 feet to the POINT OF BEGINNING and containing 0.0344 acres of land. Bearings are based on the Texas Coordinate System, South Central Zone (No. 4204) North American Datum of 1983 (NAD 83) COBS adjustment based from satellite observations. This description was prepared in conjunction with surveys made on the ground in March and April 2009 and in conjunction with the attached survey drawing dated November 9, 2010. November 16, 2010 ay: Huitt- Zoliars, Inc. „ g •.. ' { 1. / „t Y � bY s . . Steven E. Williams, R.P.L.S. li/ � • I, , F Texas Registration No. 4819 , ti t) [' 7 ` ,. Page 1 of 2 l� tlKZ 3J K;lprojl$urvey1021 21331 Waal end%Revised M8$ CenterPoint Esmt.doc EXHIBIT •A• R y.N'^+,,serw N.wo ,..4.,.t MJ.M s...,w.∎ 4..4 1.0 4 a •lFi M., ,....11 b d lf Mi AN.Jl r t �` m ti :4 P C7 J. SA N g o .n 92 00, -00 z o r a t 0 m >m i:its ca z iD 0 M 2 c�V o > y 'D -1 -i ? 1 Q 8 A m PI f Q C 8 N W 1 1 2.1! H xI y N0 A t f� i n P n 0 ..-, c � R $ 4 z �O Z R _ 8 "12,;° Q � c o ® GLADWYNE LANE ° Erz �+ Di rn n u F N 2 . V v 7 I (1i 2 E ... . ,,C):',-, �- �, g + m v (1 r• k -• � i q °'- Cy a 3 i `° -- u - y U ro n°� r Sp n t XI ; p ° ° ti n i4Q Z y , t' •, e e % i' x c Q 'i 3{ _ . t _____:.. _ .... 7./.4 .,___ _ _ _ .._. _._. 7 _ ' Sb3'OG'25 "E 11 57.67 TOTTER No. 12574 1 ... _ — - i7 - ....�.._.._. - SNfl I PIPELINE -- ... ,,, _ V, c , x - - "4beTi vle-Erna _ . _ _ ei - - TEPPCO Furrow- ,' o crevRLN+ 0?tura 1.1 0 WE 0 ONC _ -- Of t 12.87 ACRES 78 T Z HOUSTON LX;HTINC & POVKR f 4. ..a .r p ; V OL. ?48D PG: 6D0 DRHCT._ ._ .. __.. • - A. a —. TONER tin. 12444 4 -40.4 ITT N lip II ° — 5 3x'25 as.). 7 = T 4 _. — - POINT OF MOINmNO ,' 10' PEO£SiRIANl@!KE 503'06`25 "E a m 15.72 ACRES To- EASEMENT 10.00' ,� ;p COASTAL i.C.c 1RLAt WA TER AUTHORITY ~ 0. 0 344 ACRES ILC,�r. No. 085985 O.F.R.RP.H.C. T. 7 _._____.... DATE: 11 -16 -10 NO544 ACRES OF LAND NTHE wo. REVIS10N DATE CHE ar:w wwANTM J411E681i,'YEY, CITY OF LA PORTE = _______ ____ COUNTY TEXAS 804 ,1t.S FAIRMONT PARKWAY *0 2 E i00Frr FASH"" ASI .11111111111111111•1111MENI MIN naPeOl.STRUMMIKE LA PORTE, TEXAS 77571 S EASEMENT- C @NTERPOINT 261- 471 -5020 P14HAN,, 2e 4 % -C i Mil 111■11111111111111111=11 MIME PAC£. 2 OF 2 ENERLM FAX 28-4816-3722.3 IMIIIIIIIIIIIIIIIINNIIIIIIIIIIIIIIIIIIMIIII N.. 1111111111111111111111111111111111111111111=1111111•11, EXHIBIT "BR askins & askins P.C. ATTORNEYS and COUNSELORS Knox W. Askins Clark T. Askins March 10, 2011 via email Hon. Mayor & City Council City of La Porte City Hall La Porte, Texas Mr. Ron Bottoms City Manager City of La Porte Re: CenterPoint Hike & Bike Trail Easement Gentlemen: I had a telephone call from CenterPoint Energy's attorney on Thursday morning, who advised me that a decision had been made at a high level at CenterPoint Energy, that it would not agree to a permanent easement with the City of La Porte. CenterPoint instructed its attorneys to ask the City of La Porte to proceed with its condemnation suit. Accordingly, I will request that the formal condemnation resolution be placed on City Council's agenda for March 28, 2011. The CenterPoint attorney and I agreed to stay in contact, and try to reach agreement on as many of the matters in controversy as possible. Please call me if you have any questions. Yours very truly, Knox W. Askins City Attorney City of La Porte KWA:sw cc: Mr. Robert J. Montgomery Attorney at Law olteachOhotmail.com Mr. Stephen Barr, Director of Parks & Recreation Mr. Tim Tietjens, Director of Planning Mr. Clark T. Askins, Assistant City Attorney 702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572 - 1218 281.471.1887 phone 281.471.2047 fax knoxaskins @comeast.net ctasklns @swbelLnet CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OF HARRIS § I, ail as a member of the City of La Porte 6o‘-'uc r� , make this affidavit and hereby on oath state the following: I have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item on nk N Z , 20 / / , affecting this business entity or real property is: i 7 .44 � A A/ i 13 " e (Ee,c,L fro.„ 1(Z-e5 Z oe / -44 ) COMPLETE (A) OR (B): (A) The business entity is Oe.. ,e.� 44ri ex (name); or (B) The real property is located at: I have a substantial interest for the following reasons: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and I have an equitable or legal ownership of the property with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or real property that would be_affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity or real property and from any further participation on this matter by discussion or debttt Singed this Z- day of (44.4 /1-c 6 20 //' .' Signature of Official THE STATE OF TEXAS § COUNTY OF HARRIS § fore me i ie ,� on this day personalty appeared - t /PM • , • ! I to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this __ day of LL 20 1/ . Notary Public in and r the State e exas • 11 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 3 -28 -11 Budget Requested By: Ken Adcnx Source of Funds: Department: Police Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Meet and Confer Agreement Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Management representatives of the City of La Porte and the La Porte Police Officers' Association have voluntarily met and reached agreement on the conditions of employment as set out in the attached agreement pursuant to the provisions of the Texas Local Government Code, Chapter 142 et. seq., Subsection B. The Agreement would maintain the working conditions set out in the existing contract as well as adjust police officer salaries in order to meet median pay rates for representative police agencies located within the region. The attached agreement has been voted on and approved by the membership of the La Porte Police Association and is now being presented to City Council for their consideration and approval. Action Required by Council: The attached agreement has been voted on and approved by the membership of the La Porte Police Association and is now being presented to City Council for their consideration and approval. rove . 4,,ifr Conn v i Ronda 5 Ron Bottoms, Ci anager Date Q k k 4 • t 1‘1111111111111114,...10.04 ..:-.8°) { V 7 .--- 1 , A02.1 Qom", aik%i Ck � {i -:,,......, 1 4 . y � 0 ciPx \...) , . .. a a) P isg-k p 14(1,) c) vt r---1 0 P" 1 . P "'"4 ..10 Ct. 2 CO 4 +) ct `.1-.i �, ct . _ � O O -, 0 o 4 bA t) O u � X 0 r i u) ccl u . - ` +—+ N � O O CD .-1 .4-0 •,.., ril x '. 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'„,-45:9:, ' Zi t Meet and Confer Agreement Between The City of La Porte And The La Porte Police Officers' Association Table of Contents Article Provision Page Definitions 3 I Authority and Recognition 4 II Hiring Preemptions 5 III Wages 7 IV Incentive Pay 10 V Education 12 VI Physical Fitness 13 VII Compensatory Time 15 VIII Grievance Procedure 16 IX Duration 19 Signature Page 20 Attachment "A" 21 2 Definitions For the purposes of this agreement, the following definitions shall apply: A) "Accredited College or University" means one that is listed by an accrediting agency approved by the United States Department of Education, and as of result of that accreditation, offers courses that are "accredited" B) "Chief" means the Chief of Police of the La Porte Police Department or his designee. C) "City" means the City of La Porte, Texas. D) "Coveted position" as used in this Agreement means any position in the Department to which more than one sworn employee has expressed an interest in being assigned by the Chief. E) "Department" means the La Porte Police Department. F) "Employee" means a sworn Police Officer who is a member of the bargaining unit. G) "Employer" means the City of La Porte. H) "Officer" means any sworn Police Officer who is a covered by this Agreement. I) "Association" means the La Porte Police Officers' Association J) "TCLEOSE" means the Texas Commission on Law Enforcement Officers Standards and Education. K) "TLGC" means the Texas Local Government Code. Unless otherwise stated, it is understood and mutually agreed that masculine and feminine pronouns refer to, and include, both genders equally. 3 Article I Authority and Recognition 1) The City of La Porte and the La Porte Police Officers' Association have voluntarily met and reached agreement on the conditions set out in this agreement pursuant to the provisions of the Texas Local Government Code, Chapter 142 et. seq., Subsection B. To the extent that this Agreement is in conflict with or changes Chapter 143, TLGC or any other statute, executive order, local ordinance, or rule, this Agreement shall supersede such provision, as authorized by Section 142.067 of the TLGC. 2) The City recognizes the La Porte Police Officers' Association as the sole and exclusive bargaining agent for all non - probationary Police Officers in the La Porte Police Department, excluding the Chief of Police and the Assistant Chiefs of Police. 4 Article II Hiring Preemptions 1) In adopting this Agreement, the parties recognize the need for more flexibility in the hiring process to meet the needs of the Department and believe it improves the selection process by allowing for the lateral hiring of experienced Police Officers, Certified Texas State Peace Officers, and /or otherwise qualified mature applicants. 2) Effective with the ratification of this Agreement, the City shall be allowed to fill vacancies in the entry level Police Officer classification by hiring experienced police officers and /or peace officers certified by TCLEOSE without requiring these applicants to take a civil service exam. An applicant hired pursuant to this Article may be appointed directly to a pay grade /step commensurate with his /her level of experience; however applicants hired in this manner shall not receive any sort of longevity or seniority relating to promotional eligibility, shift bidding, pay or other privileges of employment. Once a newly -hired Police Officer is placed in the appropriate pay grade /step, the Officer shall progress through the remaining steps of the pay scale on each anniversary date, so long as all eligibility requirements contained in this Agreement are met. To qualify for the lateral entry program, applicants must pass a physical fitness exam, a comprehensive background investigation, to include psychological, polygraph, medical exam, drug screening and a 12 month probationary period. Applicants must additionally meet the following criteria: Education and Experience: Graduation from an accredited Police Academy. Licenses and Certificates: Possess a Basic Peace Officer license issued by TCLEOSE by the time of appointment. 5 3) Police Officers hired pursuant to this Article shall be compensated according to his or her total number of years of full time experience in law enforcement, up to a maximum of seven (7) years. The Chief of Police shall make the final determination of whether an applicant meets the criteria of the Lateral Entry Program, and his decision shall be final and non - appealable to the Civil Service Commission or to any court. No rank will transfer. 4 Specifically, this Article preempts, to the extent of any conflict, all contrary State statutes, local ordinances, executive orders or civil service provisions as they relate to the hiring of the classification of Police Officer. More specifically, this Article pre -empts TLGC, Section 143.023 (c), and permits the Department to hire persons 45 years of age and above, provided that the person has five (5) years of cumulative active military service, or five (5) years of continuous service as a certified peace officer in the State of Texas by the estimated date of hire and can meet all other hiring criteria required for employment as a Police Officer with the City of La Porte. A person is not eligible to apply for a position as a Police Officer in the Department unless the person will be at least 21 years of age at the time of commission and meets minimum eligibility requirements for a Police officer as outlined in local civil service and TCLEOSE rules. 5) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre- empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. In addition to the pre - emption noted in Subsection 4 above, this Article also pre -empts Sections 143.024, 143.025, and 143.026 of the Texas Local Government Code. 6 Article III Wages 1) The City of La Porte and the La Porte Police Officers' Association hereto agree that a "market approach" philosophy has been used as a guideline to determine appropriate wage scales for Officers of the Department. The definition of "market" is the median salary for each pay grade for the Cities surveyed. In implementing this approach, the parties agreed to compare wage rates with Police Officers in comparative cities within the region. The parties agreed that Police Officers covered by this Agreement shall be compensated at the salary rates included in Attachment "A ", which is incorporated into this Agreement, except as provided in Article III, Section 2, the wage scale shall be effective upon ratification by the Association and the City Council and remain in effect until March 31, 2012. 2) Employees shall receive step increases on the anniversary of their appointment to their current rank. If an employee receives a less than satisfactory performance evaluation (anything below a 3), the employee will not receive a pay increase of any type (including lump sum payments referenced in Article III Subsection (4) and the current step increase will be held until the employee earns a satisfactory evaluation (3 or above). Once the employee's performance evaluation has been improved to a satisfactory rating, the employee shall be placed at the then - current step for his /her time in grade. If an employee receives an "exceptional" evaluation (above a 4), the employee will be moved up two steps on his /her anniversary date. Upon receiving the next evaluation, that employee shall be placed at the then - current step for his /her time in grade. This Section will not apply to any cost of living raises or pay scale adjustments. 3) If an employee receives a less than satisfactory performance evaluation, as outlined in this Article, the employee may appeal the performance evaluation according to the following process: A) All performance evaluation appeals shall be submitted by the affected employee to the Chief of Police in writing within seven (7) calendar days from the date that the employee receives the evaluation. B) The Chief of Police shall render a written decision to the affected employee within seven (7) calendar days of the date the appeal was received by the Chief of Police. C) If the Chief of Police upholds the performance evaluation, the employee may submit such evaluation appeal to the City Manager. Such appeal must be filed within seven (7) calendar days of the date the Chief of Police rendered or should have rendered a written decision. D) The City Manager shall render a written decision to the affected employee within seven (7) calendar days of the date the employee filed the appeal with the City manager. E) If the appeal remains unresolved, the employee or his /her representative may file the appeal to the civil service commission. The commission shall hear the appeal at their next regular scheduled civil service meeting. The City of La Porte and the affected employee or his /her representative may present witnesses, evidence and other relevant information to the civil service commission. The civil service commission shall render a decision as to the validity of the performance evaluation and such decision shall be final and binding upon all parties. 8 F) The time limitations described herein may be waived by mutual agreement in writing by the City of La Porte and the affected employee. G) It is the intent of all parties subject to this agreement that any aforementioned evaluation appeal be resolved at the lowest level possible. 4) Employees who have reached the last step of the wage scale and who have received a "satisfactory" performance evaluation of 3 or above shall be paid a lump sum of one thousand dollars ($1000.00) each year on the anniversary of appointment to their current rank. Employees who have reached the last step of the wage scale and who have received an "exceptional" evaluation (above a 4), shall be paid an additional one thousand dollar @1000 bonus, for a total lump sum payment of two thousand dollars ($2,000), on the anniversary of appointment to their current rank. As is the case with other exceptional employees receiving additional performance based wage step incentives, the additional bonus provided to employees who have already reached the last step of the wage scale will be available to the employees a maximum of once every other year. 5) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre -empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. This Article specifically pre -empts Sections 143.041(b) of the Texas Local Government Code. 9 Article IV Incentive Pay 1) The City shall pay each employee holding a Masters Certificate granted by TCLEOSE the sum of $125.00 per month. The City shall pay each employee holding an Advanced Certificate granted by TCLEOSE the sum of $100.00 per month. The City shall pay each employee holding an Intermediate certificate granted by TCLEOSE the sum of $75.00 per month. 2) The City shall pay each employee holding a Masters Degree obtained from an accredited university the sum of $125.00 per month. The City shall pay each employee holding a Bachelors Degree obtained from an accredited university the sum of $100.00 per month. The City shall pay each employee holding an Associate Degree obtained from an accredited university the sum of $75.00 per month. 3) In an effort to encourage Police Officers to continue their college education, effective with the signing of this agreement, Police Officers are entitled to receive both certificate and educational incentive pay, up to a maximum of two hundred fifty ($250.00) per month. Employees shall not be permitted to earn monthly incentive pay for more than one TCLEOSE certificate and /or for more than one college degree. 4) To ensure that records are accurate and incentive pay is issued in a timely manner, Police Officers are solely responsible for reporting and providing proper documentation to the Chief of Police or his /her designee to show that the Police Officer has completed training and /or education outside the Department. Police Officers are not entitled to retroactive incentive pay. Incentive pay shall begin at the beginning of the next pay period after the date on which the Police Officer provides proof of certification and /or receipt of a college degree in accordance with this Article. io 5) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre -empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. Specifically, this Article pre -empts Section 143.044(b) and (c). 11 Article V Education 1) In order to be eligible for voluntary transfer into a coveted position, as defined in this Agreement, within the Police Department, all Officers hired after 13 July 2009 must have completed a minimum of 20 college hours from an accredited college or university. 2) In order to be eligible to participate in promotional examinations for Sergeant or Lieutenant, Officers must have completed a minimum of 60 college hours from an accredited college or university or have a combination of a minimum of 20 college hours from an accredited college or university and 40 TCLEOSE training credits calculated at the rate of 20 training hours equal to 1 training credit, for a total of 60 hours. 3) Police Officers hired before 13 July 2009 will not be required to comply with sub - section 2's college and /or training credit requirement until 13 July 2012. 4) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre -empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. Specifically, this Article pre -empts Section 143.028(b), 143.031. 12 Article VI Physical Fitness 1) Officers hired after 13 July 2009, shall be required to pass an annual physical fitness assessment in order to be eligible for voluntary transfer to a coveted position, as defined in this Agreement, or to participate in promotional exams. The physical fitness assessment will be the same as the assessment required by the City of La Porte Civil Service Rule for Police applicants. 2) All Police Officers employed by the La Porte Police Department are encouraged to voluntarily participate in a quarterly physical fitness assessment. The physical fitness assessment will be the same as the assessment required by the City of La Porte Civil Service Rule for police applicants. Employees may, at their option, instead choose to voluntarily participate in the general City - employee wellness program. 3) Employees participating in Police Department's physical fitness program or the City's general employee wellness program shall not be paid for time spent preparing for assessments, personal conditioning, or engaging in any work -out related activities. When on -duty, police officers will, however, be allowed to participate in quarterly assessments during their work hours. Under no circumstances will participating Police Officers be eligible to simultaneously receive the cash bonus under both the general City - employee wellness program and the Police Department's physical fitness program. 4) All Police Officers who pass the physical fitness assessment will be authorized to wear a special "physical fitness award ribbon" on their uniform and will receive a physical fitness cash bonus of $125.00 for each quarterly physical fitness assessment successfully passed to be paid at the 13 end of the calendar year. At no time shall such fitness bonus exceed $500.00 annually. 5) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre -empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. Specifically, this Article pre -empts Section 143.044(d). 14 Article VII Compensatory Time 1) All sworn Police Officers shall be eligible to accumulate and accrue compensatory time at a rate of time and one -half the hours actually worked, up to a maximum of 40 hours. All compensatory time provisions of the Fair Labor Standards Act shall be adhered to by the City of La Porte and the Police Officers covered under this agreement. 2) As with other forms of leave, compensatory time may be accrued and taken only after the employee submits a written request and receives approval by his or her immediate supervisor. Compensatory time off shall be granted at the sole discretion of the Department, and will not be granted if overtime is required to achieve minimum staffing levels. The City may opt to pay employees for accrued compensatory time at any time. 15 Article VIII Grievance Procedure 1) The purpose of this grievance procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances. A grievance involving the interpretation, application or enforcement of a specific clause of this agreement by one or more employees shall be brought to the attention of the Association Grievance Committee in writing within fifteen (15) calendar days of when the employee knew or should have known of the occurrence or occurrences that gave rise to the grievance. The Association may bring a grievance that is an on -going practice by the City which affects the bargaining unit as a whole "Class Action" within fifteen (15) calendar days of when the Association knew or should have known of the grievance. Within fifteen (15) calendar days of the receipt of the grievance, the grievance committee shall determine if a valid grievance exists. If, in the opinion of the Association Grievance Committee, no grievance exists or the Association denies the grievance, the Association Grievance Committee shall notify the employee. If the Association Grievance Committee accepts the grievance, the Association shall, within seven (7) calendar days of accepting the grievance, present written notice of the grievance to the Chief of Police. 2) The Chief of Police shall render a written decision to the Association Grievance Committee within seven (7) calendar days of the date the Association Grievance Committee filed such grievance with the Chief of Police. 3) If the grievance remains unresolved, the Association Grievance Committee or its representative may submit said grievance to the office of the City Manager. Said grievance, if submitted, must be filed within seven (7) 16 calendar days of the date the Chief of Police rendered or should have rendered a written decision. 4) The City Manager shall render a written decision within seven (7) calendar days of the date the Association Grievance Committee filed said grievance with the City Manager. 5) If the grievance remains unresolved, the Association Grievance Committee or its representative may request that the grievance be submitted for grievance mediation through an independent third -party such as the Federal Mediation and Conciliation Services (FMCS). The parties hereto agree that any fees and expenses associated with mediation shall be shared equally by the submitting Police Officer and by the City. The costs of a witness are paid by the party who calls the witness. The costs of an attorney are paid by the party that retains the attorney's services. 6) If the grievance remains unresolved following mediation, the Association Grievance Committee or its representatives may the request that the grievance be submitted to arbitration, said request must be submitted in writing to the office of the City manager within seven (7) calendar days from the date an official impasse is declared relating to mediation. 7) Either party may request the Federal Mediation and Conciliation Services (FMCS) or American Arbitration Association (AAA) to provide a list of arbitrators in accordance with its selection rules. Either party shall have the right to reject the list submitted by FMCS or AAA. In that event, the FMCS or AAA will be requested to submit another list. The Parties shall select an arbitrator from the list. The parties, by mutual agreement, may select to use AAA expedited rules. A) The powers of the arbitrator shall be limited as follows: 1) He shall have no power to add, to subtract from, or modify any of the terms of this agreement. 17 2) The arbitrator shall deal only with the grievances that occasioned the arbitrator's appointment. 3) The decision of the arbitrator, if within the scope of the arbitrator's authority, shall be final and binding upon the parties. 4) The arbitrator shall be empowered to determine whether an issue is subject o arbitration pursuant to this agreement. 8) The parties hereto agree that the Arbitrator's fees and expenses are shared equally by the appealing Police Officer and by the City. The costs of a witness are paid by the party who calls the witness. The costs of an attorney are paid by the party that retains the attorney's services. • 9) A grievance not filed within any of the time limitations specified herein shall not be considered timely and shall be void. The time limitations described herein may be waived by mutual agreement in writing by the Association Grievance Committee and the appropriate management official. 18 Article IX Duration 1) The provisions covered under this agreement will be effective upon ratification by the La Porte Police Officers' Association and approval by the La Porte City Council, in accordance with Chapter 142 of the Texas Local Government Code. This Agreement shall expire at midnight, March 31, 2012. In the event that a new Agreement has not been reached by that date, the parties may mutually agree to extend this Agreement. 2) The City of La Porte and the La Porte Police Officers' Association shall begin the "meet and confer" process no later than December 5, 2011, unless the parties mutually agree in writing to defer the start of the process to a later date. 19 Agreement to be signed by its Association President, by order of its membership, and the City of La Porte has caused this agreement to be signed by its City Manager on the o' 1 day of ►�/ 1`c-C _ , 2011. La Porte Police Officers' City of La Porte Association / , By: / ��!! ,!f/ � � ` A By: dial ! TOO- President • City " ger �'`'� By: By: Witness Witness 20 __ ..7 co - y co oi U N u) `fir N U 0 Cr � CD .- N 1. a ,-- = ' Ln N— f3, N M pj U N U M U M 0 0 N 00 N U N U cn 4F, co U • i 00 = -' O p 00 N 0o co • 7a`s �— CV - C0 M i ,, c) cn U = °,,N U, CO 0 , N I - Pit V r ,h M , • U) N r-,„ CO CO (A N (n v CO a co co rn U '; ft _ 0 co U co a ` —#0.-- CO Al ,� v co : a (0� ti r 00 N M co Z 0 N U : M U M co I W R 2 — _, , , r) y N ' "� 00 (O i r a N M V U M 0 ( Q I- in , � i Q N n j M U N U M U .s co ) "M-ii", � M ._ N M Y co CO r 0 M M (n ', i' co M N (n 3R U N U i'n co U r co (.1 ' (O CV N 0) N M (n ,. M (1) r - U) � . ti U , N U O „ M 55 _ U �m 7 ' N 0) N M 0 N co r- CO 1-7- ; M U � N U fi CO U 1a9ip " a d To 9 u) Oo N c) lei I C ' (fl > C.)) U ,, N U co ) U co aj .; (° nil a N , N CO d (1) (1) U) .0 c 0 0 0 ) Q . > 0 +. c > c EL • � 0 03 a — L ra �W a O 0 13 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested March 28, 2011 Appropriation Requested By Mayor Rigby Source of Funds: Department: City Council Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinance Amount Requested: IP.dg' ed I *ter• DE NO SUMMARY & RECOMMENDATION Discuss and continue considering appointing members to the Re- districting Committee from the March 14, 2011 City Council Meeting. Action • . ired by Council: C- sider . • •ving an ord' appointing members to the Re- districting Committee. • l i r fo i A C / linen A_ enda IAIDAE 3 4 1» R i Bottoms, City Manager Date ORDINANCE NO. 2011 - AN ORDINANCE APPOINTING A RE- DISTRICTING COMMITTEE, AND ESTABLISHING ITS POWERS AND DUTIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby appoints the following residents of the City of La Porte to a Re- Districting Committee, to -wit: Chairperson: Charles Harrington District 1: Nolan Allen District 2: Nanci Lotze District 3: Nancy Ojeda District 4: Mark Follis District 5: Paul Berner District 6: Lisa Garcia Position A: Charles Montgomery Position B: Howard Ebow Alternate 1: Charlie Perry Alternate 2: Alternate 3: The Chairman shall appoint alternates as required to establish a quorum at any meeting. Section 2. Following publication of the 2010 Federal Census, the Re- Districting Committee shall conduct an investigation and determine the population of the City, and the population of each of the districts from which district Councilpersons are elected. Each such determination shall be based upon the best available data, including, but not limited to, the 2010 Federal Census. Each such determination shall be reported by the Re- Districting Committee to City Council, which shall express the results of such determination in an ordinance, which shall be a final determination for purposes of the Home Rule Charter of the City of La Porte. After any such determination, if the distribution of population among the various districts is determined by City Council to be materially unbalanced, the Re- Districting Committee shall, following public notice and an opportunity for public input, recommend to City Council the establishment of new boundaries for the election of district Councilpersons. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 28th day of March, 2011. CITY • 1 �0 By: � iil R. ; f'• Mayor 2 AT ST: / /J *; Patrice Fogarty City Secretary APPR•AD: Kno W. Askins City Attorney 3 14 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 28, 2011 Budget Requested By: T. Tietjens Source of Funds: N/A Department: Planning Account Number: N/A Report: X Resolution: Ordinance: Amount Budgeted: N/A Amount Requested: N/A Exhibits: Letter of Interest from Third Party Operator Budgeted Item: YES NO Exhibits: Draft Vendor Agreement SUMMARY & RECOMMENDATION At the February 28 meeting of City Council, a report was received from the Chamber of Commerce and the Planning Department regarding the possibility of creating a monthly Farmers Market at Five Points Plaza. As a result of that discussion, Traci Leach and I have consulted a third party Farmers' Market Operator and Certified Food Manager, Carol Morris, who has indicated an interest in operating the proposed market in La Porte. She has several growers who already provide consumables at other area markets in which she currently operates, and has made contact with those on the list of growers provided by the Chamber of Commerce. While the City would provide the venue for the market and preparation needs, there would be no direct fee to the City for this service. It is requested that staff assist with the promotion of the market on our web site, water bills, and similar means. The Chamber of Commerce has offered to provide volunteer assistance for the market if necessary. If City Council is interested in proceeding forward with this request, an agreement to allow the Operator to provide the service would be subsequently necessary for review and approval. Such agreement would likely specify terms and expectations of the city and operator including venue location and parking, hours of operation, marketing responsibilities, preparation provisions, as well as contract term, and severability. Vendors would sign separate agreements with the operator independently. Action Required by Council: Receive report from Carol Morris and provide guidance related to third party management and operation of propos• • ers Market. A • • r Ci • j ncil A enda Ron Bottoms, City Manager Date Lee, Peggy From: Morris, Carol [ Carol.Morris @txdps.state.tx.us] Sent: Thursday, March 17, 2011 10:06 AM To: Lee, Peggy Subject: Qualifications for Running the Farmer's Market Good Morning, I wish to express my interest in running the new LaPorte Farmer's Market. I am currently running the Deer Park Farmer's Market, and have had many successful markets for the past 6 months. 1 am licensed to manufacture food to sell the public. I have a DBA, for tax purposes. I am the certified food service manager for the events. I maintain a website, along with screening and interviewing the vendors for the events. I maintain advertising of the events, to keep the public informed of when a market will be open. I feel that with my qualifications, and my knowledge of the needs of both The state of Texas and Harris County rules, I am an excellent choice to run the La Porte Farmer's Market. Sincerely, Carol Morris 1 Vendor Agreement La Porte Farmer's Market This operating agreement between Carol Morris, operator of La Porte Farmer's Market (LPFM), and (Vendor) DBA is entered into this day of , 20_ The LPFM shall provide a marketplace where Vendors of fresh produce, prepared foods and non -food merchandise may sell to consumers. The parties agree that these foods and goods shall be sold under the following provisions. 1. The LPFM shall: a. Provide a safe, clean and organized place for vendors to sell products; b. Advise local consumers of the availability of locally produced, high quality food products; c. Adhere to sanitation and health laws, regulations, and common practices, including provisional bathrooms, a sink with water; d. Provide trash receptacles for vendor and public use. e. Advertise a monthly vendor on the LPFM website. f. Supply a PayPal account for Vendor booth fee on LPFM website. 2. Vendor and all of vendor's staff shall: a. Hold all required permits, licenses, and insurance policies necessary for its business operation. b. Comply with all laws, regulations and LPFM policies that relate to conduction of business at the LPFM, including but not limited to refraining from smoking and drinking alcohol; c. Allow the LPFM representative to inspect vendor's farm and production facilities. d. Be prepared for business by 8:00 AM each day that the LPFM operates. No selling before 8 AM or after 12 PM. e. Park vehicles in designated areas. f. Bring high quality produce and/or food products that have been approved by LPFM. g. Establish a fair market value for products and clearly display price of all items; h. Provide bags for consumers' purchases; i. Make correct change for his /her customer purchases. j. Placing all items for sale at a minimum of 18 inches above ground level. k. Supply vendor's own table, chairs and tent (tent optional) in vendor's designated assigned area. I. Placing all trash in receptacles for LPFM personnel to collect. Leave your designated area liter free at closing. Promptly clean up all spills and dropped product. m. Have a neat and clean appearance, wear shoes and shirt at all times. LPFM Representative Vendor Vendor Exceptions 1. Vendors are to arrive for set up at least 15 minutes before opening of market. Vendors may not sell before 8am or after 12pm. All merchandise, displays, and set up must be complete by 8am, and ready for sales to begin. You must receive approval for a late opening, if you have not made arrangements with Market Manager, you will be fined a $25 late fee. 2. All sale items must be listed with contract, and only those items listed for sale at Market. If you wish to add sale items, then you must submit prior to sales day. 3. If you wish to discontinue sales at LPFM, you must submit in writing 30 days in advance of next sale day to cancel contract. 4. Vendors are responsible for your own equipment, tables, chairs, tents. LPFM will supply trash receptacles for several vendors use, then remove trash at the end of Market Day. LPFM Representative Vendor Indemnity Agreement The Vendor Shall indemnify, keep and save harmless La Porte Farmer's Market and all agencies that LPFM has agreements with, from and against any and all claims and demands resulting from vendor's acts and omissions, whether for injuries to persons, or loss of life or damage to property, on or off market premises, arising out of the use or occupancy of the market premises by vendor, and shall defend at vendor's own expense any actions brought against LPFM and any organizations or persons with LPFM has a contractual agreement. Vendor Date 15 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested March 28, 2011 Appropriation Requested By Ron Bottoms on behalf of Mayor Rigby Source of Funds: Department: Account Number: Report X Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: Ordinance 2000 -2443 Budgeted Item: YES NO Exhibits: Policy for Naming City of La Porte Facilities SUMMARY & RECOMMENDATION This discussion item has been placed on the agenda at the request of Mayor Rigby. The naming of La Porte's Police Department building to honor the contributions of former police chief Herb Freeman was mentioned at the March 14, 2011 Council meeting during Council comments. As a follow up, staff is attaching the City's Naming Policy and Ordinance 2000 -2443 to facilitate this discussion. Action : _;j011•d b Council: D uss nami of the La Porte Police Department and provide staff with direction. A• pro 3i��rCi 'oJlcilA'enda A wl/ Q J ol4 // Ron Bottoms, City Manager Date • . ORDINANCE NO. 2000-9443 AN ORDINANCE APPROVING AND ADOPTING A POLICY FOR THE NAMING OF CITY OF LA PORTE FACILITIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby authorizes and adopts a policy for the naming of City of La Porte facilities, in form attached to this Ordinance as Exhibit "A ", incorporated by reference herein, and made a part hereof for all purposes. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 23rd day of October, 2000. CIT OF LA PORTE By: / /�/, /U. !, N.rman 1 Mal •e, Mayor ATTEST: Mar ha A. Gil e tt, City Secretary APPRO G%r/ Knox W. Askins, City Attorney Exhibit "A" • • • POLICY FOR NAMING CITY OF LA PORTE FACILITIES PURPOSE To establish guidelines and procedures for the naming of municipal facilities or donation of a memorial tree with plaque_ PROCEDURES A. To initiate the naming process, an application should be requested from and returned to the City Secretary's Office. A set of Procedures and Guidelines will accompany each application for completion. B. A standing Committee, appointed by Council and composed of Councilmembers from the three (3) At -Large Positions (Mayor, Position "A," and Position "B "), will consider all applications and provide recommendations. C. The Council Committee will present their recommendation to the full City Council to consider the naming of the City facility or parkland. D. Generally, municipal facilities will be named immediately prior to or during development of the facilities. GUIDELINES 1. In honor of individuals who donate land for park space or donate a major part of the funds required to construct or renovate a facility. A minimum of fifty percent (50%) or more of the total funds is necessary to constitute a major portion. 2. Outstanding and/or predominant historical features of significance. Historical features will include the names of early residents or citizens and/or events of significance to the area's development. 3. In honor of deceased local community leaders. Deceased local community leaders must have served in an elected or appointed position of the City of La Porte. These leaders must have provided outstanding personal service that has resulted in a significant and enduring contribution to the community and have been deceased for a minimum of five (5) years. 4. In honor of deceased national or state leaders. Deceased national or state leaders must have directly impacted the citizens of La Porte and have been deceased for a minimum of five (5) years. 5. In relation to outstanding and/or predominant geographical characteristics or physical features of the land. such as streams, rivers, plant species, etc. Geographical and physical features will include those naturally occurring. (i.e., vegetation materials, streams, rivers, creeks, lakes or forested areas), and those man -made, (i.e., subdivisions, streets, office/industrial complexes or other commercial areas). 1 • • 6. In relation to a street or streets adjacent to the facility or parkland. 7. In relation to a subdivision that houses the facility or is adjacent to the parkland. 8. Municipal recreation centers that are a part of or lie within the boundaries of a park shall bear the name of that park unless the park name cannot be incorporated in the facility name. 9. Municipal facilities may be given the same name as a school site. where the sites abut one another. 10. Renaming of a public street. Renaming of a public street shall require the concurrence from a minimum of seventy -five percent (75 %) of the property owners abutting the proposed street. Persons and/or groups submitting street names for consideration shall be required to provide a notarized list of concurring property owners and to defray the cost (at least 60%) of installing signs and other expenses (i.e. maps, plats, 911, etc.) Streets in newly platted subdivisions or streets that have not been developed are exempt from this policy. 11. Renaming of a municipal facility. Renaming of municipal facilities may be considered if exceptional circumstances exist, but should not be a common practice. In such circumstances, care must be taken to avoid renaming because the purpose of the prior naming had become obscured over time (and thus eliminate appropriate recognition or honor). 12. Donation of a tree for City park or facility. If more appropriate for the circumstances, a request may be presented to plant a tree in memory of the significant contributor. A small plaque (no larger than 12 inches by 12 inches) will be placed at the foot of the tree with name, date(s), and honored contribution to the community. The plaque must be installed to grade. This memorial shall follow the same recommended guidelines as for naming a facility. DEFINITIONS Facilities: A municipal facility or municipal facilities shall be any real properties that are owned by the City of La Porte such as, but not limited to public buildings, parks, streets, or any other City -owned structures or property. Financial Benefactor Criteria: Individuals (deceased), organizations, or entities nominated under this category shall make, or have made, a significant financial contribution toward a facility. Significant financial contributions will be measured also by the impact a single contribution makes toward the successful conclusion of or continuing operation of the facility to be named. Depending on the impact, the naming could be for the entire facility or some portion (i.e., a room). Historical/Symbolic Criteria: Facilities may be named for individuals, families, organizations or entities who, for historical or symbolic reasons, have contributed to the community. Nominated individuals shall have been deceased for a minimum of five (5) years. When considering individuals or families under this • category, criteria will include their character, service to the community, leadership and inspiration to others. 2 • • Civic Contribution Criteria: Individuals selected within this category shall have been deceased for a minimum of five (5) years and shall have been selected based on many years of service to the community and in consideration of their positive impact on the development and well being of the entire community. These nominations should be made objectively, without consideration to illness, misfortune, or incidents creating emotional responses. Organizations should be nominated according to the same criteria. • 3 • • APPLICATION FOR NAMING A CITY OF LA PORTE FACILITY Please provide the information requested and return this application to the City Secretary's Office. Applicant Information Name: Address: Phone: Facility Information Location: Current Name: Function or Facility: Proposed Name: Contributions In the spaces provided below, briefly explain how the proposed individual, family, organization, or entity has contributed to La Porte. You may use any combination of categories, as is appropriate to the nomination, to describe the contributions made. For further assistance, please refer to the Procedures and Guidelines for the Naming of Public Facilities. Financial Contribution Historical/Symbolic Contribution Civic Contribution 4 16 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 3 -28 -11 Budget Requested By: Kenith Adeox Source of Funds: Department: Police Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: Department Report Budgeted Item: N/A Exhibits: Exhibits SUMMARY & RECOMMENDATION Staff will be present to discuss the Police Department's 2010 Annual Report relating to crime and general police activities within the City of La Porte. Action Required by Council: None ro .�i'Ci f o ncil A ends • �� L 3 l 1 Ron i ttoms, City Manager Date x 0 V N C) CD rilMIM1 ..-1 U •r•••1 © • i-4 -4-- V ( : .,,x 3 i ,c) c...);—(--- ,,, ,,,,,ti , . .3 ,,, , _ ,t 3, , •r_i co) ;....1 .4..4 U rcl O P.-.1 4,) 5 ‘. 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Z ,, , 101000 0 , • r1111 V N 47 s s V u v Ot- y„ 4 c s t L s e ni t CZ tv z U a ill 1.,5 `, O M O ' r N IN ,t „.:„.11-4 .„t-A.,i, q ,a (3\ O ,r O `� ' V � � I 2k cx, N O ,,.,...,0 GO ' O N s N. „. p a.) `a cz «i cn u > O • 5 c O v ;� U �2-, ago '�cn u cu u 0 . € • a+ • X ,� • • r Q O V x 3 . w cz o fi, a t 0 '''''' t:,, a) *f O �� U '1:3 ct ''''':tg4 cli R Q u a) pq ct , a) cn Hi f { * 01 N • - c n -2 u) O ct C1� bA 011 P, H e � : ,,,,,,,,.. cas , --:..,, o 0 H ,77 a, O . ,.., U N L) �+ O a •5 s. te 41.) C/I In fF a ',0,',Y, ":,,, • 71•11 FA: k Ct y�xa x,,. r (111) C ,. a 3° V r o r ,*._ as • 17 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 28, 2011 Budget Requested By: D. Wilmore Source of Funds: Department: Planning Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION At the January 26 Council Meeting, Councilman Moser asked about the City's current policy of leaving the underground fuel tank in the ground when the City performs demolitions. At that time, staff was asked to do some research and to return to Council with additional information. The Texas Commission on Environmental Quality (TCEQ) is the responsible agency for regulating/enforcement on underground fuel tanks. TCEQ confirmed that property owners are liable for the tanks, tank leakage and any contaminated grounds associated with said leakage. When property is sold, the liability typically transfers to the new owner unless the sales contract specifically provided for the liability remaining with the seller. Should the owner or city handle the tank abatement, the liability (associated with contamination missed during the abatement) would transfer to parties handling the abatement. One address discussed in January, related to 1708 S. Broadway. TCEQ confirmed there are (3) tanks registered, they remain in the ground and may have gasoline in them. A TCEQ investigator is currently handling the case. Using the scenario noted above, we contacted an environmental company that handles tank removal and he was able to provide an estimate for a simple removal (without soil contamination) but he was unable to provide one for a complex removal due to variables relating to soil contamination. Abatement of (3) tanks (includes lab work and removal) — estimate is $40, 000 to $50, 000 The contractor also advised that tank removals are not normally handled by the city unless they actually own the property in question. Typically their demolition specifications call for leaving the slab around the tanks in place, leaving the dispenser islands in place and removing only the structures. He also noted that in cases of soil contamination, removal of the tank impacts the contamination area and can make the situation worse. Action Required by Council: Receiv= aff r; port and provide direction, if needed ppro f r C" , ouncil Agenda r = y (1/ Ron Bottoms, City Manager Date 18 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 28, 2011 Budget Requested By: D. Wilmore Source of Funds: Department: Planning Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: Highlight Memo on Inspection Division Activities Budgeted Item: YES NO Exhibits: February Activity Report Exhibits SUMMARY & RECOMMENDATION Attached is a staff report highlighting Inspection Division activities. Action Required by Council: Receive s • i report A• r Air Ci , 'o ncilA.enda y 4, Ron Botto ; ity anager Date Planning Department Inspection Services Memo To: Mayor and City Council From: Debbie S. Wilmore, Chief Building Official CC: Ron Bottoms, City Manager and Tim Tietjens, Director of Planning Date: 3/21/2011 Re: Highlight Memo on Inspection Division Activities The following is the monthly report on some of the highlights of the Inspection Services Division and the February Activity Report. Assistance — 9521 & 9525 Belfast • Staff began talking with the owner about abatement of some substandard structures; however, when the property was sold in July 2010, we worked closely with the new owner. The gentleman cooperated and signed a voluntary consent to demolish form on (3) structures and those demolitions were completed in November 2010. Then in January 2011, the owner replaced the substandard mobile home with a HUD - Code manufactured home (1 -time replacement as per Texas Occupations Code Chapter 1201). The owner and staff worked well together and made a big impact on the neighborhood. The owner thanked us for all our guidance in these matters. Assistance — 521 W. Main • In 2010 staff met with individuals about converting a convenience store into a Bar-b - que restaurant. Plan review staff met with the owner and contractor on numerous occasions to ensure adequate remodel plans. In addition, Planning staff worked with individuals in getting the site plan approved. • A building permit was issued in September 2010 and Inspection staff worked closely with the contractor and owner to ensure the project ran smoothly. The project took a while to complete; however, the owner was moving forward as funds allowed. We are happy to say the restaurant received a temporary certificate of occupancy in early March and the business is now in operation. The owner appreciated all our help. 1 Highlight Memo Con't. Page 2 February Activity Report • No new residential permits — [January had (4)] • (2) New Commercial permit — Valuation is $70,000 - [January had (1)] 8610 Spencer Hwy, #C - Build -out of Lease for CMR Jewelers 1606 Sens Rd — Modular Office Building for At Pac • (242) inspections were performed — [January had (325)] • (291) customer (counter) sign -ins — [January had (294)] • (127) new code enforcement cases — [January had 148] • Of the (127) new cases, (90) or 71% were resolved in February • (130) code enforcement re- inspections performed on existing cases [not shown in previous reports] • Page 2 INSPECT 4"1 BERM BR 1 201 � ' FEBRUARY 28 NEW RESIDENTIAL PERMITS: 0 VALUATION 0 NEW COMMERCIAL PERMITS: 2 VALUATION: 70,000 INSPECTIONS PERFORMED: 242 SLABS 21 ELECTRICAL 66 PLUMBING 34 COVERUP 18 FINAL 30 FRAME 2 MISC. 71 CUSTOMER SIGN IN: 291 OPEN RECORDS REQUEST: 11 COMMERCIAL PROJECTS PENDING - NEW CONSTRUCTION OR REMODELS OVER $50.000 8 DUROTECH - 3501 LUELLA BLVD -5 10 -219 - NEW COMMERCIAL RAM DESIGN - 920 W MAIN - 10 -295- CLP ARCH S/P CONSTRUCTION - 9705 SPENCER HWY -10 -840 - NEW COMMERCIAL FOLLIS CONSTRUCTION -11518 OLD LP RD 7 -D -10 -517 -BLDG FOR ELEV. FOLLIS CONSTUCTION -11518 OLD LP RD - 10 -951 - PAVING AND DETENTION KRAFTSMAN PLAYGROUND & PARK EQUIPMENT - 10 -1303 - 3324 SOMERTON DR. NEW SPLASH PARK NORTH POLE ICE CREAM & COOKIES - 11001 FAIRMONT PKWY #B -10- 1534 -BLD OUT CLAY DEVELOPMENT - 10001 PORTER RD. # 200 - 10 -1844 BUILD OUT TIRZ NONE 1 CODE ENFORCEMENT CODE ENFORCEMENT NUMBER OF NEW COMPLAINTS, CASES CASES February 2011 (COMMUNITY SERVICE) CITY INITATED CITIZEN COMPLAINT TOTAL ALCOHOL CHECK 1 0 1 BASKETBALL GOALS 0 0 0 BLDG MAINTENANCE 2 1 3 BUILDING PLACEMENT 0 0 0 CAR FLYERS 0 0 0 COIN OPERATED 0 0 0 MACHINE DANGEROUS 0 0 0 BUILDING DEBRIS 5 7 12 EXTERIOR STORAGE 1 3 4 FENCES 1 1 2 FORWARD TO OTHER 0 3 3 DEPARTMENTS GRAFFITI 0 1 1 HEALTH ISSUES 0 0 0 ILLEGAL DUMPING 0 1 1 ILLEGAL MOBILE 0 0 0 HOMES JUNK VEHICLES 4 8 12 LIVESTOCK 0 0 0 MISCELLANEOUS 0 2 2 OFFICE TRLR 0 0 0 OFF SITE PARKING 0 0 0 POOLS 1 0 1 SCREENING REQUIRED 0 0 0 SECURING BUILDINGS 0 0 0 SEWAGE 0 0 0 SIGNS 1 0 I SIGNS ON R O W 49 2 51 SUBSTANDARD 1 0 1 STRUCTURES SHIP CONT. ACESRY 12 1 13 SHIP CONTAINERS 1 0 1 UNSAFE ELEC 0 0 0 UNSAFE PLBG 0 0 0 WTR/DRAIN STD 0 0 0 WEEDS 4 0 4 WK WITHOUT PERMIT 4 3 7 ZONING 5 2 7 BLD CODE VIOLATION 0 0 0 BLDG CODE -SANIT 0 0 0 HOUSE MOVING 0 0 0 ROW OBSTRUCT 0 0 0 ROW DAMAGE 0 0 0 TOTAL 92 35 127 2 ****130 INITIAL INSPECTIONS AND RE- INSPECTIONS* * * * TOTAL OF 127 NEW COMPLAINT CASES FEBRUARY 2011 TOTAL COMPLAINTS, CASES 127 100% CASES RESOLVED 92 72% CASES UNRESOLVED 35 28% B. MILLER NEW MUNICIPAL COURT CASES THIS MONTH 1 LAWSUITS IN PROGRESS (NON- MUNICIPAL COURT CASES) CLIFF HALL (1) S: \City Plannin¢ Share \04 - INSPECTIONS DIVISION\Inspections \Monthly Reports 08,09.10\2011FEBRUARY MONTHLYREPORT.doc 3