HomeMy WebLinkAbout01-25-16 Regular Meeting of La Porte City Council
Council Agenda Item Council Agenda Item
January 25, 2016 January 25, 2016
1.CALL TO ORDERCALL TO ORDER
The invocation will be given by Clark Askins.The invocation will be given by Clark Askins.
2.INVOCATIONINVOCATION
The Pledge of Allegiance will be led by Councilmember Chuck The Pledge of Allegiance will be led by Councilmember Chuck
3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE
Engelken.Engelken.
4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
Recognition Recognition -- Retirement of Burnett "Burnie" Willis (City of La Porte Finance Department) Retirement of Burnett "Burnie" Willis (City of La Porte Finance Department) -
(a)
Mayor RigbyMayor Rigby
(Limited to five minutes per person.) (Limited to five minutes per person.)
5.PUBLIC COMMENTSPUBLIC COMMENTS
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Council Agenda Item Council Agenda Item
January 25, 2016 January 25, 2016
6.CONSENT AGENDACONSENT AGENDA
(All consent agenda items are considered routine by City Council and will be enacted by (All consent agenda items are considered routine by City Council and will be enacted by
one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be
removed and considered separately.)removed and considered separately.)
Consider approval or other action regarding the minutes of the City Council meeting held on Consider approval or other action regarding the minutes of the City Council meeting held on
(a)
January 11, 2016 January 11, 2016 -- P. Fogarty P. Fogarty
Consider approval or other action regarding a professional services agreement with HDR Consider approval or other action regarding a professional services agreement with HDR
(b)
Engineering, Inc., for onEngineering, Inc., for on--going GIS technical services going GIS technical services -- B. Sterling B. Sterling
Consider approval or other action authorizing expenditure by the La Porte Development Consider approval or other action authorizing expenditure by the La Porte Development
(c)
Corporation for an enhancement grant in an amount not to exceed $42,057.86, payable to Corporation for an enhancement grant in an amount not to exceed $42,057.86, payable to
Brotamonte Asset 1, LLC., for infrastructure improvements to apartment building complex Brotamonte Asset 1, LLC., for infrastructure improvements to apartment building complex
located at 315 N. 2nd Street located at 315 N. 2nd Street -- S. Livingston S. Livingston
Consider approval or other action authorizing expenditure by the La Porte Development Consider approval or other action authorizing expenditure by the La Porte Development
(d)
Corporation for an incentive grant in an amount not to exceed $152,889.82, payable to Corporation for an incentive grant in an amount not to exceed $152,889.82, payable to
Fischer's Hardware, Inc., for infrastructure improvements to property located at 1010 S. Fischer's Hardware, Inc., for infrastructure improvements to property located at 1010 S.
Broadway Street Broadway Street -- S. Livingston S. Livingston
Consider approval or other action regarding a Resolution requesting financial assistance from Consider approval or other action regarding a Resolution requesting financial assistance
from
(e)
the Texas Water Development Board the Texas Water Development Board -- D. Pennell D. Pennell
Consider approval or other action regarding a Resolution designating the City of La Porte as Consider approval or other action regarding a Resolution designating the City of La Porte
as
(f)
the management agency for wastewater collection and treatment the management agency for wastewater collection and treatment -- D. Pennell D. Pennell
Consider approval or other action regarding purchase of Neptune meters from HD SupplyConsider approval or other action regarding purchase of Neptune meters from HD Supply-
(g)
Houston Houston -- M. Dolby M. Dolby
Consider approval or other action regarding a Resolution adopting an AntiConsider approval or other action regarding a Resolution adopting an Anti--NIMBYism (Not in NIMBYism (Not in
(h)
my Backyard) Action Plan for the City of La Porte my Backyard) Action Plan for the City of La Porte -- T. Tietjens T. Tietjens
Consider approval or other action regarding an Ordinance amending Chapter 50 "Parks and Consider approval or other action regarding an Ordinance amending Chapter 50 "Parks and
(i)
Recreation" of the Code of Ordinances of the City of La Porte by adding rules for renters and Recreation" of the Code of Ordinances of the City of La Porte by adding rules for renters
and
open riding users utilizing the Livestock and Rodeo Arena open riding users utilizing the Livestock and Rodeo Arena -- R. Epting R. Epting
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LOUIS RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
KRISTIN MARTIN
Councilmember At Large A
Councilmember District 4
DOTTIE KAMINSKI
JAY MARTIN
Councilmember At Large B
Mayor Pro-Tem
DANNY EARP
Councilmember District 5
Councilmember District 1
MIKE CLAUSEN
CHUCK ENGELKEN
Councilmember District 6
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
JANUARY 11, 2016
Monday January 11, 2016,
The City Council of the City of La Porte met in a regular meeting on at the City
6:00 p.m
Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the
following items of business:
Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present:
Councilmembers Engelken, Earp, Zemanek, Kaminski, K. Martin, J. Martin, and Clausen. Absent:
Councilmember Leonard. Also present were City Secretary Patrice Fogarty, City Manager Corby
Alexander, and Assistant City Attorney Clark Askins.
2. INVOCATION
– The invocation was given by Don Hill, La Porte InterChurch Council.
3. PLEDGE OF ALLEGIANCE –
The Pledge of Allegiance was led by Mayor Rigby.
4. PUBLIC COMMENTS
(Limited to five minutes per person.)
Bill Scott, 1722 Lomax School Rd., addressed Council with concerns regarding notices to abate he
received from Code Enforcement.
5. CONSENT AGENDA
(All consent agenda items are considered routine by City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Councilmember requests an
item be removed and considered separately.)
(a)
Consider approval or other action regarding the minutes of the Regular City Council Meeting
held on December 14, 2015 and Special Called Meeting held on December 21, 2015 – P.
Fogarty
(b)
Consider approval or other action regarding an Ordinance ordering the May 7, 2016,
General Election of the City of La Porte – P. Fogarty
(c)
Consider approval or other action regarding an Interlocal Agreement between the City of La
Porte; La Porte Independent School District and La Porte Fire Control, Prevention and
Emergency Medical Services District for Joint Elections – P. Fogarty
(d)
Consider approval or other action ratifying the appointment of Lawrence Stockham to the
Planning and Zoning Commission – P. Fogarty
(e)
Consider approval or other action regarding Vehicle Replacements for Fiscal Year 2015-
2016 – D. Pennell
(f)
Consider approval or other action regarding a Resolution of the City of La Porte, Texas
seeking designation as a Management Agency for Wastewater Collection and Treatment –
D. Pennell
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January 11, 2016, Council Meeting Minutes
(g)
Consider approval or other action regarding a Resolution adopting a revised Official Zoning
Map for the City of La Porte – E. Ensey
(h)
Consider approval or other action awarding Bid No. 16007 for Demolition of Property
located at 330 Bayside Dr. – R. Davidson
(i)
Consider approval or other action authorizing the City Manager to execute a Water Service
Agreement and a Sanitary Sewer Service Agreement with Air Liquide Large Industries U.S.,
LP located at 11426 Fairmont Parkway in the Bayport industrial District – T. Tietjens
(j)
Consider approval or other action authorizing the Planning and Development Director to
execute a Pipeline Permit to Down Hydrocarbons and Resources, LLC for the final phase of
construction of a 12” Ethan pipeline within in the City of La Porte – T. Tietjens
(k)
Consider approval or other action regarding an Ordinance vacating, abandoning, and
closing a portion of the West Madison Street Right-of-Way - T. Tietjens
City Manager Corby Alexander requested Item F be removed from consideration.
Regarding Item J, Councilmember Zemanek asked the timeline for construction of the project.
Planning and Development Director Tim Tietjens responded the permit issued is for 6 months.
Ordinance 2015-3616:
Prior to council action, Assistant City Attorney Clark Askins read the caption of AN
ORDINANCE ORDERING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; PROVIDING
FOR A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING
PLACES; PROVIDING FOR A JOINT ELECTION WITH THE LA PORTE INDEPENDENT SCHOOL
DISTRICT AND THE LA PORTE FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL DISTRICT;
PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING
FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD;
PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE;
PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 2015-3617:
Prior to council action, Assistant City Attorney Clark Askins read the caption of AN
ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE WEST MADISON STREET
RIGHT-OF-WAY; RETAINING EASEMENTS FOR EXISTING UTILITIES; AUTHORIZING THE EXECUTION
AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Unanimously
Councilmember Engelken moved to approve the Consent Agenda items pursuant to staff
MOTION PASSED UNANIMOUSLY 8/0.
recommendations. Councilmember Zemanek seconded.
Councilmember Leonard was absent.
6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a)
Public hearings to receive comments regarding the recommendation by the Planning and
Zoning Commission to approve an amendment to the Future Land Use Map component of
the La Porte Comprehensive Plan for a 20-acre tract of land located on State Highway 146,
a quarter of a mile north of Wharton Weems Blvd., to change use designation from “Low
Density Residential;” to 1) “Commercial,” 2) “Mixed Use,” and 3) “Mid to High-Density
Residential;” consider approval or other action regarding an Ordinance amending the Future
Land Use Map component of the La Porte Comprehensive Plan for a 20-acre tract of land
located on State Highway 146, a quarter of a mile north of Wharton Weems Blvd., to change
use designation from “Low Density Residential;” to 1) “Commercial,” 2) “Mixed Use,” and 3)
“Mid to High-Density Residential;” – E. Ensey
The public hearing opened at 6:15 p.m.
City Planner Eric Ensey presented a summary and recommendation.
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January 11, 2016, Council Meeting Minutes
David Janda, 3601 E. Desert Run, addressed Council and spoke in favor of the proposed
La Porte Town Center.
Billy Hardcastle, 1504 Cedar Cove, addressed Council and spoke in favor of the proposed
La Porte Town Center.
Paula Wohnoutke, 9919 Rocky Hollow Rd., addressed Council and spoke in favor of the
proposed La Porte Town Center.
Maggie Anderson, 909 Garden Walk, addressed Council and spoke in favor of the proposed
La Porte Town Center.
Joan Geigel, 906 Garden Walk, addressed Council and spoke in opposition of the proposed
La Porte Town Center.
Douglas Anderson, 821 S. Virginia St., addressed Council and spoke in favor of the
proposed La Porte Town Center.
Janie Quarles, 911 Garden Walk, addressed Council and spoke in favor of the proposed
La Porte Town Center.
Aubry Sartori, 215 S. Broadway, addressed Council and spoke in favor of the proposed
La Porte Town Center.
George Sanders, 1311 Nantucket Dr., Houston addressed Council in favor of the proposed
La Porte Town Center project.
David Klingman, 3810 Pecan Circle, addressed Council and spoke in favor of the proposed
La Porte Town Center.
Rene Garrett, 1001 Garden Walk, addressed Council and spoke in favor of the proposed
La Porte Town Center.
Norma Elliott, 11621 North D Street, addressed Council and spoke in favor of the proposed
La Porte Town Center.
Maggie Allen, 2306 Eagle Ln., addressed Council and spoke in favor of the proposed
La Porte Town Center.
Kathy Gilley, 4919 Rainwater Dr., Pasadena addressed Council and spoke in favor of the
proposed La Porte Town Center.
Chuck Rosa, 812 S. Virginia St., addressed Council and spoke in favor of the proposed
La Porte Town Center if there are not any grants to be awarded.
Vincent Worley, addressed Council and spoke in favor of the proposed La Porte Town
Center and advised of Doug Sanders’ irreplaceable collections.
The public hearing closed at 7:12 p.m.
Councilmember Engelken moved to approve an Ordinance amending the Future Land Use Map
component of the La Porte Comprehensive Plan for a 20-acre tract of land located on State
Highway 146, a quarter of a mile north of Wharton Weems Blvd., to change use designation from
“Low Density Residential;” to 1) “Commercial,” 2) “Mixed Use,” and 3) “Mid to High-Density
MOTION PASSED UNANIMOUSLY 8/0.
Residential.” Councilmember Zemanek seconded.
Councilmember Leonard was absent.
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January 11, 2016, Council Meeting Minutes
Ordinance 2016-3618:
Prior to council action, Assistant City Attorney Clark Askins read the caption of AN
ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP COMPONENT OF THE
COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS UPON RECOMMENDATION OF THE
PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE.
(b)
Public hearing to receive comments regarding the recommendation by the Planning and
Zoning Commission to approve Special Conditional Use Permit # 15-91000007, to allow
construction of an entertainment, commercial and residential mixed use development on a
20-acre tract located on the east side of State Highway 146, a quarter of a mile north of
Wharton Weems Blvd., in a PUD zone; consider approval or other action regarding an
Ordinance approving Special Conditional Use Permit Request # 15-91000007, to allow
construction of an entertainment, commercial and residential mixed use development on a
20-acre tract located on the east side of State Highway 146, a quarter of a mile north of
Wharton Weems Blvd., in a PUD zone – E. Ensey
The public hearing opened at 7:13 p.m.
There being no additional public comments, the public hearing closed at 7:13 p.m.
Councilmember Earp moved to approve an Ordinance and Special Conditional Use Permit Request
#15-91000007, to allow construction of an entertainment, commercial and residential mixed use
development on a 20-acre tract located on the east side of State Highway 146, a quarter of a mile
north of Wharton Weems Blvd., in a PUD zone. Councilmember Engelken seconded.
Councilmember Martin made an amendment to the main motion to limit the number of extensions of
the Special Conditional Use Permit after issuance to only one extension and for additional
extension of time granted after application to come back before City Council instead of the Planning
and Zoning Commission.
Assistant City Attorney advised the extension will have to go before the Planning and Zoning
Commission.
Councilmember Martin amended his amendment to allow the applicant one extension for one year
and an additional extension of time granted after application to come back before the Planning and
Zoning Commission.
City Engineer Eric Ensey spoke and advised there is not a limit to the length of time of the
extension, and it will have to be approved by the Planning and Zoning Commission.
When Mayor Rigby asked if there is a second to the amendatory motion, there was no second
forthcoming. Councilmember Martin’s amendatory motion died for a lack of a second.
MAIN MOTION PASSED UNANIMOUSLY 8/0. Councilmember Leonard was absent.
Ordinance 2016-3619:
Assistant City Attorney Clark Askins read the caption of AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING
SPECIAL CONDITIONAL USE PERMIT NO. 15-91000007 FOR THAT CERTAIN PARCEL OF LAND
HEREIN DESCRIBED FOR THE PURPOSE OF CONSTRUCTING AN ENTERTAINMENT, COMMERICAL
AND MIXED USE DEVELOPMENT CENTER ON STATE HIGHWAY 146 NORTH OF WHARTON WEENS
BOULEVARD, IN A PLANNED UNIT DEVELOPMENT (PUD) DISTRICT; MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
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January 11, 2016, Council Meeting Minutes
7. REPORTS
(a)
Receive report of the La Porte Development Corporation Board – Councilmember Engelken.
Councilmember Engelken provided a report of the La Porte Development Corporation Board
meeting held prior to the City Council Meeting.
(b)
Receive report on the Carriage House Project – Councilmembers Zemanek, K. Martin and
Kaminski
Councilmember Zemanek reported the item has still not be brought to City Council even after funds
have been allocated. However, he has spoken to City Staff and the Heritage Society and some
wishes may have changed on both sides. A meeting has been scheduled, and this item will come to
City Council in the future.
8. ADMINISTRATIVE REPORTS
City Manager Corby Alexander reminded Council of the Martin Luther King Day Celebration on
January 17, 2016, at 3:00 p.m. at the Jennie Riley Center hosted by the La Porte Civic Club.
Mr. Alexander also reported the focus of the celebration will be on the legacy of the late
Councilmember Tommy Moser.
9. COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual
information.
Councilmember Engelken congratulated the La Porte Town Center; thanked everyone that spoke
on behalf of the project that shows unified support within the community and wished everyone a
Happy New Year; Councilmembers Earp and Clausen thanked the citizens for their input on the
La Porte Town Center Project; thanked everyone who came out and showed support for the
project; Councilmember J. Martin thanked Mr. Sanders for coming out and attending the meeting
and commented he wishes Mr. Sanders’ museum will be the centerpiece of the development; he
also thanked the citizens for coming out and commented it is up to City Council and City Staff to
assure the project is a quality development; Councilmember K. Martin thanked the citizens for their
input on the La Porte Town Center Project and commented she cannot wait to take her boys to the
center; Councilmember Kaminski thanked the developers and Mr. Sanders and the citizens for their
input; Councilmember Zemanek welcomed the La Porte Town Center; thanked everyone for
coming out and commented it is a pleasure to serve the community; and Mayor Rigby commented
he is looking forward to the La Porte Town Center and thanked everyone for their input.
10. ADJOURN -
There being no further business, Councilmember Engelken made a motion to adjourn
MOTION PASSED UNANIMOUSLY
the meeting at 7:25 p.m. Councilmember Zemanek seconded.
8/0. Councilmember Leonard was absent.
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on January 25, 2016.
________________________________
Mayor Louis R. Rigby
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January 11, 2016, Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
January 25, 2016January 25, 2016AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
General FundsGeneral Funds
Tim TietjensTim TietjensSource of Funds:Source of Funds:
Requested By:Requested By:
001.9091.519.5007001.9091.519.5007
Planning & DevelopmentPlanning & DevelopmentAccount Number:Account Number:
Department:Department:
$65,000.00$65,000.00
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Amount
Other:
$65,000.00$65,000.00
Requested:Requested:
AttachmentsAttachments : :
Budgeted Item:Budgeted Item:YESYESNONO
1. Proposal for GIS Technical Services Proposal for GIS Technical Services
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The City has utilized the services of HDR Engineering, Inc. for technical support in many of its GISThe City has utilized the services of HDR Engineering, Inc. for technical support
in many of its GIS-
related projects. related projects.
Planning & Development Staff has identified six (6) priorities for which the technical assistance of HDR Planning & Development Staff has identified six (6) priorities for which the
technical assistance of HDR
will be required in the current budget year: will be required in the current budget year:
1.Address Management ProjectAddress Management Project
2.Subdivisions and Easements Feature Class CompletionSubdivisions and Easements Feature Class Completion
3.ArcGIS for Server Software License InstallationArcGIS for Server Software License Installation
4.Fire Department Grid Book DevelopmentFire Department Grid Book Development
5.5.Silverlight to Javascript Template DevelopmentSilverlight to Javascript Template DevelopmentSilverlight to Javascript Template DevelopmentSilverlight to Javascript Template Development
6.Technical Support & Training Technical Support & Training
A detailed description of each of these current priorities is further described in the attached proposal.A detailed description of each of these current priorities is further described
in the attached proposal.
Action Required of Council:Action Required of Council:
Consider approval or other action of a professional services agreement with HDR Engineering, Inc. for Consider approval or other action of a professional services agreement with HDR
Engineering, Inc. for
on-going GIS technical services.going GIS technical services.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
REQUEST FOR LA PORTE CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: 25 January 2016
ED General Funds
Source of Funds:
Requested By: Scott D. Livingston
CIP #015-9892-993-1100
Department: Administration/Economic Development
Account Number:
Report: Resolution: Ordinance:
$275,972.37
Amount Budgeted:
$42,057.86
Amount Requested:
Exhibit: Project Presentation, 11 Jan. 2016
Budgeted Item: YES NO
Exhibit: Bidder Sheet Summary
Exhibit: Evaluation Summary
Exhibit: Enhancement Grant Application
Exhibit: La Porte Enhancement Grant Guidelines, Revised 11-11-15
Exhibit: Development Agreement for the Sylvan Beach Apartments, Signed
SUMMARY & RECOMMENDATION
On 11 November 2015, the Board of the La Porte Development Corporation (LPDC) approved a
new incentive policy, which increased the size of the LPDCs maximum contribution for any one
enhancement grant project from $25,000 to $50,000.
$42,057.86
On 11 January 2016 the ED Board approved an enhancement grant in the amount of
nd
Brotamonte Asset 1, LLC
to, which owns the Sylvan Beach Apartments at 315 N. 2 Street in
La Porte, TX.
Edwin Brotamonte, collected three bids from contractors to complete each of the following
projects: (1) Paint & Wood Repair, (2) Asphalt Repair, (3) Landscaping, and (4) Signage. The
$84,115.72$42,057.86
sum total of these three, lowest bids is , and 50% of this sum is . Please
note the Bid Sheet Summary for details.
The lowest bids for each of the project were offered as follows:
Paint & Wood Repair -- $35,785.00
Parking Lot Repair -- $35,000.00
Landscaping -- $10,000.00
Signage -- $3,330.72
Mr. Brotamonte has committed to continue installation of improvements to the kitchens,
bedrooms, bathrooms, and common areas of the interior of the apartment units. The cost of
interior improvements is not included as an eligible reimbursable expense for the project.
1
Action Required by the La Porte City Council:
Consider approval or other action authorizing expenditure by the La Porte Development
Corporation for an enhancement grant in an amount not to exceed $42,057.86, payable to
Brotamonte Asset 1, LLC., for infrastructure improvements to apartment building complex located
at 315 N. 2nd Street.
Approved for the La Porte City Council Agenda
Corby D. Alexander, City Manager Date
2
11/19/2015 4.754.754.254.754.75 4.65
, based on reciepts and Following is a summary of the evaluations of the La Porte Enhancement Grant Evaluating Commmittee (EGEC). If you have any questions
Average
Score
# of Evaluators
Initial Review Date:Total Average Score (out of 25)
44444
.
(281) 470-5016
$42,057.86
Total Score
1919171919
Grant to be awarded in an amount not to exceed
about the items listed below, please call the Economic Development Office at
315 N. 2nd Street; La Porte, Texas 77571
completion of work as indicated.
Sylvan Beach Apartments
Edwin Brotamonte
(713) 253-1736
Project Demonstrates a significant improvement over the existing situation.
Project will enhance Main Street's appeal to new businesses and visitors.
11/19/2015
Economic Development Coordinator
Resident, Employee of La Car Porte
Project will add to the beautification of the City of La Porte.
Owner, Bay Port Animal Clinic
Criteria
Project will complement the surrounding buildings.
Director of Planning
Project adds value to the City of La Porte.
Recommendation:
Business Address:
Application Date:
Business Name:
Contact Name:
Phone:Evaluating Committee Members:
Title
Scott D. Livingston
Monica Rogers
Cris Santiago
Tim Tietjens
Name
604 W. Fairmont Parkway La Porte, Texas 77571 281/470-5016
SYLVAN BEACH APARTMENTS
315N.2NDSTREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Planned Improvements
Paint all wood components and metal rails of exterior structure
I.
Repair or replace all water damaged wood
II.
Power wash all brick exterior walls
III.
Landscaping
IV.
Asphalt parking lot repairs
V.
New Signage
VI.
Page 1 of20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Paint all wood components and metal rails of exterior structure
I.
Wood panels b/w Ðrst and second Ñoor
A.
Eaves
B.
Facia
C.
SofÐt
D.
Vertical Siding
E.
Doors
F.
Door Trim
G.
All steel rails
H.
Page 2 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Repair or replace all water damaged wood
II.
Wood panels b/w Ðrst and second Ñoor
A.
Eaves
B.
Facia
C.
SofÐt
D.
Vertical Siding
E.
Doors
F.
Door Trim
G.
Page 3 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
III. Power wash all brick exterior walls
Page 4 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Landscaping
III.
Create 2 landscape islands around 2 new property signs
A.
Crepe Myrtles in key areas between units in front of brick walls
B.
Evergreen hedges along property wall below Ðrst Ñoor windows
C.
Page 5 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Asphalt parking lot repairs
IV.
Repair asphalt
A.
Reseal repaired asphalt
B.
Page 6 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
New Signage
V.
Property sign at 2nd and Adams
A.
Property sign at 3rd and Adams
B.
Lease ofÐce signage on 2nd and 3rd street
C.
Building IdentiÐcation signage
D.
Remove old signage
E.
Page 7 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 8 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 9 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 10 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 11 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 12 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 13 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 14 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 15 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 16 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Signs By Tomorrow
$575.662$1,151.32+ Tax
MDO Panels
$45.004$180.00
+ Tax
Posts
$25.004$100.00+ Tax
Post Caps
$89.9512$1,079.40
+ Tax
Building Signs
$225.001$225.00
Remove sign
$595.001$595.00
Install signs
$3,330.72
Page 17 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 19 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 20 of 20
LA PORTE ENHANCEMENT GRANT PROGRAM
The La Porte Enhancement Grant Program, which is sponsored by the La Porte Development
Corporation, offers matching grants to businesses which are located in the City of La Porte.
Eligible improvements of the La Porte Enhancement Grant Program include façade enhance-
ment/rehabilitation, beautification projects, new awnings, canopies, porches, signage, and
parking lot improvements. Each program application will be evaluated on a case-by-case basis,
and ALL projects for a matching grant greater than $25,000 must also be approved by the La
Porte City Council.
Interested business owners are welcome to complete the enclosed application form. Please
deliver applications to:
Scott D. Livingston
Economic Development Coordinator
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
LivingstonS@laportetx.gov
Please contact Scott D. Livingston at LivingstonS@laportetx.gov or 281/470-5016, if you have
any questions about the La Porte Enhancement Grant Program.
Sincerely,
Scott D. Livingston
Economic Development Coordinator
City of La Porte
LPORTE BY THE BAY
A
604 W. Fairmont Parkway La Porte, Texas 77571 281/470-5016
LA PORTE ENHANCEMENT GRANT PROGRAM
PAGE 1, Revised 11/11/15
BUSINESS. BY THE BAY.
ELIGIBLE PROJECTS
Business owners may be eligible for a reimbursement grant of funds which are used to
enhance and/or beautify their businesses. The following types of projects are eligible for
reimbursement:
Façade Rehabilitation/Enhancement
Eligible projects include work on existing structures, such as removing non-
historic/added facades, re-pointing brick or replacing mortar joints, replacing or
restoring cornices, removing paint from brick, replacing windows, restoring transom
windows, repairing facades, etc.
New Awnings, Canopies, Porches, and Signage
Eligible projects include replacing, adding, or repairing awnings, canopies, porches,
and signs. Signs may include signboards, projecting signs, pedestrian signage, window
signs, hanging signs, and awning/canopy signs.
Beautification Projects
Eligible projects include public art, landscaping, and other beautification projects as
approved by the Enhancement Grant Evaluation Committee (EGEC).
Parking Lot Improvements
Eligible projects include new parking lot construction, parking lot paving, parking lot re-
surfacing, parking space striping/painting, new parking blocks, old parking block removal,
and other projects as approved by the EGEC.
PROGRAM GUIDELINES
Grant funds are available only for exterior work on commercial property and building
1.
facades that are visible from public streets.
In general, grants offered to businesses are intended to support projects to renovate or
2.
convert existing structures to their original historic condition.
Grants will be processed and considered for award on a first-come, first-served basis
3.
until funds are depleted or until the program ends, whichever comes first.
Grants will not be awarded for work that has already been started or completed, or for
4.
work that is covered by insurance. If desired work is above and beyond what insurance
will pay, and is, therefore, considered an upgrade and enhancement in the opinion of
the EGEC, it may be eligible for grant funds.
LA PORTE ENHANCEMENT GRANT PROGRAM
PAGE 2, Revised 11/11/15
BUSINESS. BY THE BAY.
Grants will not be awarded to any Applicant that owes any delinquent indebtedness*
5.
to the City of La Porte or the La Porte Development Corporation (LPDC).
Ϋ ǒĻƓƷ LƓķĻĬƷĻķƓĻƭƭ ƭŷğƌƌ ƒĻğƓ ğƓǤ źƓķĻĬƷĻķƓĻƭƭ ķǒĻ ğƓķ ƚǞźƓŭ Ʒƚ ƷŷĻ /źƷǤ ƚŅ \[ğ tƚƩƷĻ ƚƩ ƷŷĻ
\[ğ tƚƩƷĻ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƩƦƚƩğƷźƚƓͲ źƓĭƌǒķźƓŭ ĬǒƷ ƓƚƷ ƌźƒźƷĻķ ƷƚͲ ğķ ǝğƌƚƩĻƒ ƷğǣĻƭ ƚƓ ƩĻğƌ ğƓķ ƦĻƩƭƚƓğƌ
ƦƩƚƦĻƩƷǤͲ Ǟŷźĭŷ ƦƩƚƦĻƩƷǤ źƭ źƓ ŅğĭƷ ƚǞƓĻķ ĬǤ ğƓķ źƭ ƌĻŭğƌƌǤ ƭǒĬƆĻĭƷ Ʒƚ ƷğǣğƷźƚƓͲ ǞŷĻƷŷĻƩ ƚƩ ƓƚƷ ƷŷĻ ƭğƒĻ
ƒğǤ ŷğǝĻ ĬĻĻƓ ƦƩƚƦĻƩƌǤ ƩĻƓķĻƩĻķ Ʒƚ ƷŷĻ Ʒğǣ ğƭƭĻƭƭƚƩΏĭƚƌƌĻĭƷƚƩ ĬǤ ğƓǤ ƦĻƩƭƚƓ͵ {ǒĭŷ ƷĻƩƒ ƭŷğƌƌ ğƌƭƚ źƓĭƌǒķĻͲ
ĬǒƷ ƓƚƷ ĬĻ ƌźƒźƷĻķ ƷƚͲ ĭŷğƩŭĻƭ ŅƚƩ ƦĻƓğƌƷźĻƭͲ źƓƷĻƩĻƭƷ ğƓķ ĭƚƭƷƭ ƚƓ ğƓǤ ƭǒĭŷ ğķ ǝğƌƚƩĻƒ ƷğǣĻƭͳ ĭŷğƩŭĻƭ ŅƚƩ
ǞğƷĻƩͲ ƭĻǞĻƩͲ ŭğƩĬğŭĻ ğƓķ ƚƷŷĻƩ ƭĻƩǝźĭĻƭ ƩĻƓķĻƩĻķ ƚƩ ŭƚƚķƭ ŅǒƩƓźƭŷĻķ ĬǤ ƷŷĻ /źƷǤ ƚŅ \[ğ tƚƩƷĻ ƚƩ ƷŷĻ
\[ğ tƚƩƷĻ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƩƦƚƩğƷźƚƓ Ʒƚ ğƓǤ ƦĻƩƭƚƓͳ ğƓķ ğƓǤ ƚƷŷĻƩ ƒğƓƓĻƩ ƚŅ źƓķĻĬƷĻķƓĻƭƭ Ʒƚ ƷŷĻ /źƷǤ ƚŅ
\[ğ tƚƩƷĻ ƚƩ ƷŷĻ \[ğ tƚƩƷĻ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƩƦƚƩğƷźƚƓͲ ƓƚǞ ĻǣźƭƷźƓŭ ƚƩ Ǟŷźĭŷ ƒğǤ ŷĻƩĻğŅƷĻƩ ĬĻ ĭƩĻğƷĻķ ĬǤ ğƓǤ
ƦĻƩƭƚƓ͵ bƚ ƭǒĭŷ źƓķĻĬƷĻķƓĻƭƭ ƭŷğƌƌ ĬĻ ĭƚƓƭźķĻƩĻķ ǒ ǒƓƷźƌ ƷŷĻ ƷźƒĻ ŅƚƩ źƷƭ ĭǒƩƩĻƓƷ ƦğǤƒĻƓƷ
ǒƓķĻƩ ƷŷĻ ǝğƩźƚǒƭ ƚƩķźƓğƓĭĻƭ ƚŅ ƷŷĻ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ ƚƩ ƭƷğƷĻ ƭƷğƷǒƷĻƭͲ ƚƩ ĭƚƓƷƩğĭƷǒğƌ ğŭƩĻĻƒĻƓƷͲ ƭŷğƌƌ ŷğǝĻ
ĻǣƦźƩĻķͲ ǞźƷŷƚǒƷ ƦğǤƒĻƓƷ ŷğǝźƓŭ ĬĻĻƓ ƒğķĻ͵
Each grant will be awarded on a reimbursement basis once completed work has been
6.
verified by the EGEC to be compliant with the plans proposed in the approved application.
Any deviation from the approved project may result in the total or partial withdrawal of
the grant.
Each enhancement grant application will be subject to review by the EGEC, and
7.
approval from the Board of the LPDC. The review criteria include the following:
The project demonstrates a significant improvement over the existing situation,
The project will add to the beautification of the City of La Porte ,
The project will enhance appeal to new businesses and
visitors,
The project will complement the surrounding buildings, and
The project will add value to the City of La Porte.
Grant applications and awards may be made in any of the reimbursable activities
8.
described above and may be combined for any single property or project.
An applicant is defined as an owner, tenant, or combination thereof, who occupies
9.
space in an eligible property. A single owner of multiple properties may apply for
grant funds for each property owned, but the matching grant must be for more than
$2,500 and less than $50,000 per property in a three (3) year period.
Preference will be given to all local bids for work that qualify under the current form of
10.
the
by the Board.
Multiple bids are not required for each eligible project that is less than a total $2,000, of
11.
which 50% or $1,000 would be a reimbursable expenses
Purchasing Policy.
LA PORTE ENHANCEMENT GRANT PROGRAM
PAGE 3, Revised 11/11/15
BUSINESS. BY THE BAY.
APPLICATION PROCESS
Determine eligibility: Discuss project plans with the Economic Development
1.
Coordinator, and the Coordinator will set up a pre-development meeting with the
EGEC.
Complete the application and sign the agreement form. Each grant application must
2.
include the following:
A scaled drawing by the project architect or design professional of all the work
a.
to be completed.
Samples -- i.e. paint samples, fabric swatches, sign material, etc. -- that will
b.
enable the EGEC to envision the finished project.
Three (3) itemized work estimates on all project work from contractors or
c.
project architects. Self-contracted work will be reimbursed for actual legitimate
expenses, excluding labor.
Photographs of the buildings exterior. The Applicant shall be required to
d.
provide before and after photographs of the building before the reimbursement
grant can be awarded. For the initial application, before photographs will
suffice, but afte photographs of the completed project must be submitted
before the grant may be considered for reimbursement.
Return the completed application form, with all applicable items, to:
3.
Scott D. Livingston
Economic Development Coordinator
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
LivingstonS@laportetx.gov
The application will undergo an approval process, which includes but is not limited
4.
to the following:
Each project must meet current building standards and codes, as well as
a.
building permit requirements.
The EGEC will only consider applications that have been properly and fully
b.
completed, and which contain all information requested in the application
and/or by the committee.
LA PORTE ENHANCEMENT GRANT PROGRAM
PAGE 4, Revised 11/11/15
BUSINESS. BY THE BAY.
All itemized work estimates submitted by the Applicant must be dated no
c.
earlier than ninety (90) days prior to the Application request. Bids shall be
submitted on the contracs or project architecs letterhead and shall
contain the contracs name, address, and telephone number and shall
itemize the bid in a manner that allows the EGEC to determine the bid
components and authenticity of the bid.
Applications receiving approval by the EGEC shall commence construction
d.
described in the application within ninety (90) days from the date that the
enhancement grant is approved. Each Applicant must complete the
construction described in the Application within one (1) year from the date that
the grant is approved. If the Applicant cannot meet this timeline, then the
Applicant may submit a written request for an extension of the commencement
date or completion date provided the extension request is made prior to the
ninety (90) day or one (1) year time limit. The EGEC shall not be obligated to
grant an extension, but it may do so for good cause determined solely by the
members of the Committee. The extensions, if granted, shall be for the term
and for the conditions determined exclusively by the EGEC. Denial of an
extension request may not be appealed.
As a condition of this grant Application, the Applicant consents, and shall
e.
allow, the EGEC to request city inspections to determine that the grant, if
awarded, will not be used for construction on any building that is not in
compliance with the City Municipal Codes and Ordinances that are applicable
to the construction contemplated in the application.
The EGEC and LPDC shall have sole discretion in awarding grants. They shall
f.
award grants considering the amount requested, grant funds available, the
guidelines of the grant program, condition of the building in which the grant
funds will be used, economic impact, other grant requests, the type and nature
of the construction, and the proposed construction results considering the
grant program.
No Applicant has a proprietary right to receive grant funds. The EGEC shall
g.
consider any application within its discretionary authority to determine what
grant amount would be in the best interest of the grant program.
The Applicant shall be required to furnish bef photographs of the
h.
buildings exterior, and any other site locations that are included as part of
the application request. The applicant shall also provide fte photographs
once the construction has been completed, as a condition of final grant
disbursement.
LA PORTE ENHANCEMENT GRANT PROGRAM
PAGE 5, Revised 11/11/15
BUSINESS. BY THE BAY.
The EGEC has the final discretion with regard to funding and reserves the
i.
right to recommend modifications or reject any project or elements of any
project.
Reimbursement. When the entire enhancement grant project has been completed, the
5.
Applicant shall present the Economic Development Office with the following:
Copies of all paid invoices, including copies of cancelled checks and/or credit
a.
card receipts for a single payment reimbursement of the approved funding, and
Photographs of all completed work.
b.
When the project has been reviewed and approved by the EGEC, and their
6.
recommendations have been presented and approved by the LPDC, a reimbursement
check will be issued.
LA PORTE ENHANCEMENT GRANT PROGRAM
PAGE 6, Revised 11/11/15
BUSINESS. BY THE BAY.
La Porte Enhancement Grant Application
tƌĻğƭĻ ƦƩźƓƷ ĭƌĻğƩƌǤ͵ tƌĻğƭĻ ƭǒĬƒźƷ ğ ĭƚƒƦƌĻƷĻķ ğƦƦƌźĭğƷźƚƓ Ʒƚʹ
Scott D. Livingston
Economic Development
Coordinator City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
APPLICANT INFORMATION:
APPLICATION DATE:
Applicant Name
Business Name
Physical Business Address
Business Owner (if different from applicant)
Mailing Address
Contact Phone Email Address
TYPE OF WORK (ĭŷĻĭƉ ğƌƌ ƷŷğƷ ğƦƦƌǤ):
Façade Awnings/Signage
Parking Lot Improvements
Beautification
DETAILS OF PLANNED IMPROVEMENTS (ğƷƷğĭŷ ğķķźƷźƚƓğƌ ƦğŭĻƭ źŅ ƓĻĭĻƭƭğƩǤ):
LA PORTE ENHANCEMENT GRANT APPLICATION
PAGE 1, Revised 11/11/15
BUSINESS. BY THE BAY.
Please list the name of each Contractor and/or Project Architect and the Total Amount of
each bid. Please, also, attach the original proposals and work estimates:
CONTRACTOR/PROJECT ARCHITECT TOTAL
1. $
2. $
3. $
4. $
5. $
BUDGET DETAIL
PROJECT EXPENDITURES FUNDS FUNDS APPLIED TOTAL
Façade Rehab $ $ $
Awnings/Signage $ $ $
$ $ $
Beautification
$ $ $
Parking Lot Improvements
Other (list): $ $ $
TOTAL $ $ $
Total estimated cost of proposed project: $
Amount requested (up to 50% of total cost, $2,500 to $50,000): $
tƌĻğƭĻ ğƷƷğĭŷ ĭƚƌƚƩ ƭğƒƦƌĻƭͲ ƒƚķĻƌ ƓǒƒĬĻƩƭ ΛŅƚƩ ǞźƓķƚǞƭͲ ķƚƚƩƭͲ ĻƷĭ͵ΜͲ ƦŷƚƷƚƭͲ ƭĭğƌĻķ ķƩğǞźƓŭƭͲ ğƓķ
ƚƷŷĻƩ źƌƌǒƭƷƩğƷźƚƓƭ ƚŅ ǞƚƩƉ Ʒƚ ĬĻ ĭƚƒƦƌĻƷĻķ͵ tƌĻğƭĻ źƓĭƌǒķĻ ğƭ ƒǒĭŷ ķĻƷğźƌ ğƭ ƦƚƭƭźĬƌĻ͵
ƚǒƩ ƭźŭƓğƷǒƩĻ ƚƓ Ʒŷźƭ ğƦƦƌźĭğƷźƚƓ ĭĻƩƷźŅźĻƭ ƷŷğƷ Ǥƚǒ ǒƓķĻƩƭƷğƓķ ğƓķ ğŭƩĻĻ ǞźƷŷ ƷŷĻ
ŅƚƌƌƚǞźƓŭ ƭƷğƷĻƒĻƓƷƭʹ I have met with the EGEC and I fully understand the Enhancement
Grant procedures and details established. I intend to use these grant funds for the eligible
renovation projects, as spelled out in the application. I have not received, nor will I receive
insurance monies for this revitalization project, OR I have disclosed all pertinent insurance
information. I understand that if I am awarded an Enhancement Grant, any deviation from the
approved project may result in the partial or total withdrawal of the grant funds.
APPLICANT SIGNATURE DATE
LA PORTE ENHANCEMENT GRANT APPLICATION
PAGE 2, Revised 11/11/15
REQUEST FOR LA PORTE CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: 25 January 2016
Source of Funds: La Porte Dev. Corp.
Requested By: Scott D. Livingston
Account Number: General Fund
Department: Administration/Economic Development
Amount Budgeted: N/A
Report: Resolution: Ordinance:
Amount Requested: $152,889.82
Exhibit: Project Introduction - Revised
Budgeted Item: YES NO
Exhibit: Project Presentation, 11 January 2016
Exhibit: New Incentive Guidelines, 11 Nov. 2015
Exhibit: Project Math
Exhibit: Development Agreement for Fischers Hardware - Signed
Exhibit: Public Hearing Notice, 3 Sept. 2015, BAO
Exhibit: Tax Records
SUMMARY AND RECOMMENDATION:
On Monday, 11 January 2016, the LPDC Board voted to approve an incentive grant and a
proposed development agreement with Fischers Hardware, Inc. for an amount not to exceed
$152,889.82
25% of $611,559.28, which is . The owners of Fischers Hardware are planning to
$611,559.28
invest to expand the hardware store on the northwest corner of W. Fairmont
Parkway and S. Broadway. This amount does not include any capital to purchase new retail
inventory. Fischers is proposing to complete the following projects:
Remove the existing metal fascia on the entire perimeter of the building,
Install a new framework and new stucco fascia panels,
Remove the awning from the southwest side of the building,
Install kneewall stone fascia,
Install a black wrought iron fence,
Add paint and signage to the new structures,
Remove the block wall between the existing build and Little Jacks to increase square
footage by 15,000 square feet,
Add new, interior fixtures & lumber fixtures for expansion,
Add new, interior signage and fixtures,
Repaint the pole sign and add new graphic signage.
Re-seal and re-stripe the parking lot,
Re-pave the area which is currently covered on the south side of the building, and
1
Add new flower beds and landscaping, including a block flower bed at the bottom of the
exterior sign pole and add stucco finish to match the building.
The development agreement outlines the requirements that must be met in order for Fischers to
receive each of the five incentive payments. The performance benchmarks are as follows:
PaymentTimelinePayment Details Pro-Rata Eligible?
Amount
$62,889.82 Documents must Documentation of capital expenditures Yes- pro rata threshold is
1
be submitted by of at least $611,559 for the scope of $550,000 in capital
February 28, work outlined above. expenditures. Incentive amount
2017 determined by percentage of
$611,559 documented.
2$15,000 Documents must Addition of 4 full-time and 3 part-time No.
be submitted by employees. If Fischers does not meet
February 28, requirements for Payment 1, it is NOT
2017 eligible to receive Payment 2.
3$75,000 Three years from Increased sales tax revenue of at least Yes- pro rata threshold is 15%
issuance of final 20% from the Base Year sales tax increase in sales tax revenues.
COrevenues. Eligible for $25,000 Incentive amount determined
max/year for three years by percentage of 20% increase
documented.
As a direct result of this expansion and the associated improvements, the project principals
anticipate that the taxable retail sales may increase by as much as 15-20%. In addition, the
project principals are planning to hire 7 to 10 new employees as a result of this expansion. Of
these new employees, 4 to 5 will be full time and the remaining will be part-time employees.
3 to 4 of the full time employees will be categorized as management.
Other benefits of this proposed project include:
Redevelopment and beautification of a prime corner in town,
Opportunity to encourage local business expansion,
Locally owned business with deep roots in in La Porte, and
Opportunity to encourage the ongoing viability of this business anchor at a prime location
in La Porte.
Action Required by the La Porte City Council:
Consider approval or other action authorizing expenditure by the La Porte Development
Corporation for an incentive grant in an amount not to exceed $152,889.82, payable to Fischer's
Hardware, Inc., for infrastructure improvements to property located at 1010 S. Broadway Street.
Approved for the La Porte City Council Agenda
2
Corby D. Alexander, City Manager Date
3
Revised by Staff
16 Dec. 2015
Proposed Project Criteria
tƌĻğƭĻ ƦƩƚǝźķĻ ƷŷĻ ŅƚƌƌƚǞźƓŭ źƓŅƚƩƒğƷźƚƓ Ʒƚ Scott D. Livingston ğƷ \[źǝźƓŭƭƷƚƓ{θƌğƦƚƩƷĻƷǣ͵ŭƚǝ ğƷ ƌĻğƭƷ ƷŷƩĻĻ ΛЌΜ
ǞĻĻƉƭ źƓ ğķǝğƓĭĻ ƚŅ ƷŷĻ ƦƌğƓƓĻķ ƒĻĻƷźƓŭ ķğƷĻ ǞźƷŷ ƷŷĻ .ƚğƩķ ƚŅ 5źƩĻĭƷƚƩƭ ƚŅ ƷŷĻ \[ğ tƚƩƷĻ 5ĻǝĻƌƚƦƒĻƓƷ
/ƚƩƦƚƩğƷźƚƓʹ
Њ͵ŷƚ źƭ CźƭĭŷĻƩƭ IğƩķǞğƩĻͪ ŷğƷ ķƚĻƭ CźƭĭŷĻƩƭ IğƩķǞğƩĻ ķƚͪ
Fischers Hardware is in the business of retail sales providing product and services to La Porte and
surrounding areas.
Ћ͵ŷğƷ ķƚĻƭ CźƭĭŷĻƩƭ IğƩķǞğƩĻ Ǟźƭŷ Ʒƚ ķƚ źƓ \[ğ tƚƩƷĻͲ Ļǣğƭͪ tƌĻğƭĻ ĻǣƦƌğźƓ ƷŷĻ ƭĭƚƦĻ ƚŅ ƷŷĻ ƦƩƚƦƚƭĻķ
ƦƩƚƆĻĭƷ źƓ \[ğ tƚƩƷĻͲ Ļǣğƭ͵ tƌĻğƭĻ ƭǒĬƒźƷ ğ ƭźƷĻ ƦƌğƓͲ ĻƌĻǝğƷźƚƓ ƩĻƓķĻƩźƓŭΛƭΜͲ ƦźĭƷǒƩĻƭͲ ğƓķΉƚƩ ğ ķĻƷğźƌĻķ
ǝĻƩĬğƌ ķĻƭĭƩźƦƷźƚƓ ƚŅ ƷŷĻ ķĻƭźƩĻķ ƦƩƚƆĻĭƷ ǞźƷŷ Ʒŷźƭ ŅƚƩƒ͵
$611,559.28 to expand
their existing business in La Porte, TX͵ The owners will use the funds to remodel both the interior and
exterior of the building to provide an updated appearance by completing the following projects:
Remove the existing metal fascia on the entire perimeter of the building,
Install a new framework and new stucco fascia panels,
Remove the awning from the southwest side of the building,
Install kneewall stone fascia,
Install a black wrought iron fence,
Add paint and signage to the new structures,
Remove the block wall between the existing build and Little Jacks to increase square footage by
15,000 square feet,
Add new, interior fixtures & lumber fixtures for expansion,
Add new, interior signage and fixtures,
Repaint the pole sign and add new graphic signage.
Re-seal and re-strip the parking lot,
Re-pave the area which is currently covered on the south side of the building, and
Add new flower beds and landscaping, including a block flower bed at the bottom of the exterior
sign pole and add stucco finish to match the building.
Ќ͵ŷĻƩĻ ķƚĻƭ CźƭĭŷĻƩƭ IğƩķǞğƩĻ Ǟźƭŷ Ʒƚ ķƚ ĬǒƭźƓĻƭƭ źƓ \[ğ tƚƩƷĻͲ Ļǣğƭͪ
Fischers Hardware will operate in its current location.
Ѝ͵ŷĻƓ ķƚĻƭ CźƭĭŷĻƩƭ IğƩķǞğƩĻ Ǟźƭŷ Ʒƚ ƭƷğƩƷ ğƓķ ŅźƓźƭŷ ƷŷĻ ƦƩƚƦƚƭĻķ ƦƩƚƆĻĭƷͪ
Fischers Hardware would like to start the project as soon as possible and have the project
completed within six months.
3
Revised by Staff
16 Dec. 2015
Ў͵ŷǤ źƭ CźƭĭŷĻƩƭ IğƩķǞğƩĻ źƓƷĻƩĻƭƷĻķ źƓ ĭƚƓķǒĭƷźƓŭ ĬǒƭźƓĻƭƭ Ʒƚ \[ğ tƚƩƷĻͲ Ļǣğƭͪ
Fischers Hardware has been serving the community for 35 years and would like to continue with a new
look and new products to better serve customers.
Џ͵IƚǞ Ǟƚǒƌķ CźƭĭŷĻƩƭ IğƩķǞğƩĻ ƌźƉĻ Ʒƚ ƩĻĭĻźǝĻ ğƭƭźƭƷğƓĭĻ ŅƩƚƒ ƷŷĻ \[ğ tƚƩƷĻ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƩƦƚƩğƷźƚƓ Ʒƚ
ğƭƭźƭƷ CźƭĭŷĻƩƭ IğƩķǞğƩĻ źƓ ƒğƉźƓŭ ğ ŅźƩƒ ĭƚƒƒźƷƒĻƓƷ Ʒƚ ĭƚƒƦƌĻƷĻ ƷŷĻ ƦƩƚƦƚƭĻķ ƦƩƚƆĻĭƷ źƓ \[ğ tƚƩƷĻͲ
Ļǣğƭͪ
Fischers Hardware would like to receive assistance from the ED Board to complete the proposed project
in a minimal amount of time. We would like to request funds to make the transition.
А͵ŷğƷ ğƩĻ ƷŷĻ ĻƭƷźƒğƷĻķ ЋЉЊЌ ƷğǣğĬƌĻ ǝğƌǒĻƭ ƚŅ ƷŷĻ ĻǣźƭƷźƓŭ ƦƩƚƦĻƩƷǤΛźĻƭΜ ƚŅ ƷŷĻ ƦƩƚƦƚƭĻķ ƌƚĭğƷźƚƓ źƓ \[ğ
tƚƩƷĻͲ Ļǣğƭͪ
The current, total taxable value of Fischers Hardware is 1.4 million.
Б͵ŷğƷ źƭ ƷŷĻ ĻƭƷźƒğƷĻķ ƷğǣğĬƌĻ ǝğƌǒĻ Ʒƚ ĬĻ ğķķĻķ źƓ \[ğ tƚƩƷĻ ğƭ ğ ƩĻƭǒƌƷ ƚŅ ĭƚƒƦƌĻƷźƓŭ ƷŷĻ ƦƩƚƦƚƭĻķ ƦƩƚƆĻĭƷ
źƓ \[ğ tƚƩƷĻͪ ŷźƭ Ǟƚǒƌķ źƓĭƌǒķĻ ƷŷĻ ŅƚƌƌƚǞźƓŭʹ
The owners are planning to invest $$611,559.28 to renovate and expand the existing building, purchase
new taxable retail inventory, purchase new interior furniture, fixtures, and equipment, purchase new
interior and exterior signage, re-pave and re-stripe the parking lot, and add additional landscaping.
В͵IƚǞ ƒğƓǤ ĻǣźƭƷźƓŭ ĻƒƦƌƚǤĻĻƭ ΛĬƚƷŷ Ņǒƌƌ ƷźƒĻ ğƓķ ƦğƩƷ ƷźƒĻΜ Ǟźƌƌ ĬĻ ƩĻΏƌƚĭğƷĻķ Ʒƚ \[ğ tƚƩƷĻ ƚƩ ƩĻƷğźƓĻķ źƓ \[ğ
tƚƩƷĻ ğƭ ğ ƩĻƭǒƌƷ ƚŅ ƷŷĻ ƦƩƚƦƚƭĻķ ƦƩƚƆĻĭƷͪ
All existing employees will remain as a result of the proposed project.
ЊЉ͵IƚǞ ƒğƓǤ ƓĻǞ ĻƒƦƌƚǤĻĻƭ ΛĬƚƷŷ Ņǒƌƌ ƷźƒĻ ğƓķ ƦğƩƷ ƷźƒĻΜ Ǟźƌƌ ĬĻ ŷźƩĻķ ğƭ ğ ƩĻƭǒƌƷ ƚŅ ƷŷĻ ƦƩƚƦƚƭĻķ ƦƩƚƆĻĭƷͪ
Fischers Hardware plans to add 7 to 10 new employees as a result of the proposed project. Of these new
-
ЊЊ͵IƚǞ ƒğƓǤ Ʀğźķ ğƓķΉƚƩ źƓƷĻƩƓ ƦƚƭźƷźƚƓƭ ğƩĻ ƷŷĻ ĭƚƒƦğƓǤ ǞźƌƌźƓŭ Ʒƚ ƩĻƭĻƩǝĻ ŅƚƩ ƭƷǒķĻƓƷƭ ƚŅ \[ğ tƚƩƷĻ Iźŭŷ
{ĭŷƚƚƌͪ
Fischers Hardware has used Cooperative Education in the past with positive results and will continue to
use this program. We estimate 3 to 5 positions will be available.
ЊЋ͵DĻƓĻƩğƌƌǤ źķĻƓƷźŅǤ ƷŷĻ ĬĻƓĻŅźƷƭͲ źŅ ğƓǤͲ ƷŷğƷ ğƌƌ Ņǒƌƌ ƷźƒĻ ĻƒƦƌƚǤĻĻƭ Ǟźƌƌ ƩĻĭĻźǝĻ Λź͵Ļ͵ ЍЉЊƉͲ ķĻƓƷğƌͲ ƒĻķźĭğƌͲ
ǝźƭźƚƓͲ ƭƷƚĭƉ ƚƦƷźƚƓƭͲ ƦƩƚŅźƷΏƭŷğƩźƓŭͲ ĻƷĭ͵Μ͵
Fischers Hardware offers optional medical, dental, vision, and Accidental Death and Dismemberment, as
well as life insurance to all full time employees.
4
Revised by Staff
16 Dec. 2015
ЊЌ͵/ğƷĻŭƚƩźǩĻ ƷŷĻ ĻƒƦƌƚǤĻĻƭ ΛĬƚƷŷ Ņǒƌƌ ƷźƒĻ ğƓķ ƦğƩƷ ƷźƒĻͳ ĬƚƷŷ ƩĻƌƚĭğƷĻķ ğƓķ ƓĻǞ ŷźƩĻƭΜ ĬǤ ƆƚĬ ƷźƷƌĻΉƷǤƦĻ ƚŅ
ǞƚƩƉ ğƓķ ǞğŭĻΉƭğƌğƩǤ ƌĻǝĻƌ͵
All of Fischers Hardware employees are categorized as sales with the exception of office clerical
personnel. Sales positions include customer service, stocking, and cashier.
ЊЍ͵
ǞźƷŷƚǒƷ ƷŷĻ ğƭƭźƭƷğƓĭĻ ƚŅ ƷŷĻ \[ğ tƚƩƷĻ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƩƦƚƩğƷźƚƓͲ ǞŷǤ ƒźŭŷƷ ƓƚƷ CźƭĭŷĻƩƭ IğƩķǞğƩĻ ĬĻ ğĬƌĻ
Ʒƚ ĭƚƒƦƌĻƷĻ ƷŷĻ ƦƩƚƦƚƭĻķ ƦƩƚƆĻĭƷ źƓ \[ğ tƚƩƷĻͲ Ļǣğƭͪ
Without the assistance of the La Porte Development Corporation, Fischers Hardware is unable to
complete the proposed project.
ЊЎ͵ŷğƷ ŅƚƩƒΛƭΜ ğƓķ ğƒƚǒƓƷΛƭΜ ƚŅ źƓĭĻƓƷźǝĻƭ ķƚĻƭ CźƭĭŷĻƩƭ IğƩķǞğƩĻ Ǟźƭŷ Ʒƚ ƩĻƨǒĻƭƷ ŅƩƚƒ ƷŷĻ \[ğ tƚƩƷĻ
5ĻǝĻƌƚƦƒĻƓƷ /ƚƩƦƚƩğƷźƚƓ Ʒƚ ĬĻ ğĬƌĻ Ʒƚ ĭƚƒƦƌĻƷĻ ƷŷĻ ƦƩƚƦƚƭĻķ ƦƩƚƆĻĭƷ źƓ \[ğ tƚƩƷĻͲ Ļǣğƭͪ
Fischers Hardware would like to receive the full amount of incentive funds allowable to
complete the proposed project. Fischers Hardware is requesting the sum of $250,000.
decision and grant award will determine whether or not they will
spend the full amount or reduce the scope of the proposed project.
5
La Porte, Texas 77571
1012 S. Broadway
Rod Rothermel
0171
-
(281) 470
Owner
frkherrera@yahoo.com
La Porte, Texas 77571
1012 S. Broadway
Frank Herrera
fischershardware@gmail.com
La Porte, Texas 77571
Michael Breaux
0171
-
(281) 470
Owner
Incentive Guidelines for New and Expanding Businesses
City of La Porte
11 November 2015
lesser
1.Incentives for new or expanding businesses should be limited to the of:
(a)A maximum 10 year payback of the businesss new/additional tax revenues to the
City of La Porte, or
(b)Up to 25% of the businesss total expendituresfor infrastructure, site
improvements, and other related improvements;
2.Businesses that create new primary jobs will receive additional value, which will be
calculated as an Adjusted Payback;
3.Primary Job Training is an eligible expense toward a businesss 25% total expenditure;
4.The maximum contribution of the Board to projects in the La Porte Enhancement Grant
Program is $50,000; and
5.Projects that donot meet these parameters will be considered on a case-by-case basis.
Contextual Information for Economic Development Grant Awards
All projects that apply for an economicdevelopment grant must meet the following criteria:
(1)Only the minimum amount of financial assistancerequired to bring the project tofruition
will be considered.
(2)A strict, narrow focus will be maintained for using funds on infrastructure, site
improvements, related improvements, and primary job training.
(3)The incremental tax revenues, including both property and sales tax revenues, to be
generated by each project, which may be verified in the quarterly and annual STARS
Reports, will be included in the model.
(4)The value of number of new jobs associated with each project will be assigned a value
and included in the model as follows:
0.15
a.A value of per job will be assigned for higher paying, white collar,
primary
engineering, engineering design, or executive jobs.
0.125
b.A value of per job will be assigned to highly skilled positions for a process
primary
technician and/or advanced manufacturing jobs.
0.10primary
c.A value of per job will be assigned to skilled jobs.
0.075primary
d.A value of per job will be assigned to unskilled jobs, and
0non-primary
e.A value of per job will be assigned to jobs.
(5)Projects which have already made a commitment to establish a new business in La Porte
will not be considered for an incentive grant.
(6)Projects which have already started construction or other renovation work will not be
considered for an incentive grant.
(7)The ED Board and/or City Council will retain discretion to award any lesser or
greater amount to any given project.
Project Math
New Incentive Guidelines for New and Expanding Businesses
This mathematical analysis is based upon the ,
which the ED Board approved on 11 November, 2015. In short, the new guidelines applicable to this project
state that:
lesser
1.Incentives for new or expanding businesses should be limited to the of:
(a)
City of La Porte, or
(b)ite
2.
;
Known Facts:
$600,000
Total capital expenditure, excluding inventory of approximately .
15-20%
Sales tax revenues are expected to increase by , per the Project Introduction.
nd
Annual sales tax revenues for the last twelve months ending with the 2 Quarter of 2015, as provided by
the STARS report. (Note: In accordance with State Law, this information is confidential.)
Anticipated new employment of 4 full time managerial positions and 3 part time positions. (Note: For
0.1
the purpose of this analysis, the full time, primary job positions were given a value of , while the part
0
time, non-primary job positions were assigned a value of ).
Analysis:
new/additional tax revenues to the City of La Porte, since this amount is less than
. Therefore, assuming that (a) 100% of the value of the $600,000
tax revenue by 20% each year, the 10 year payback is as:
$120,000
= (($600,000/100) x (0.71) x (10 years))
+ ((20% new sales tax revenue) x (10 years))
+ a value for 4 full time, managerial/primary jobs
1
$200,000
For , the payback period is 17.15 years, and the adjusted payback period is 16.75 years.
$150,000
For , the payback period is 12.86 years, and the adjusted payback period is 12.46 years.
$120,00010.29 years9.89 years
For , the payback period is , and the adjusted payback period is .
2
PAGE 6 THE BAY AREA OBSERVER
THURSDAY, SEPTEMBER 3, 2015
LEGAL/PUBLIC NOTICES
To Place Legal and Public Notices:
Email editor@bayareaobserver.com or Call 281-907-3140
PUBLIC NOTICE
2015 Property Tax Rates in City of Morgan’s Point
This notice concerns the 2015 property tax rates for City of Morgan’s Point.
It presents information about three tax rates. Last year’s tax rate is the ac
-
-
tual tax rate the taxing unit used to determine property taxes last year. This
dard, and is in violation of the City of La Porte Code of Ordinances # 82-476.
year’s effective tax rate would impose the same total taxes as last year if you
On August 24, 2015 the City of La Porte City Council convened at a Public Hearing and
compare properties taxed in both years. This year’s rollback tax rate is the
issued Condemnation Ordinances for the below listed properties:
highest tax rate the taxing unit can set before taxpayers start rollback pro
-
cedures. In each case these rates are found by dividing the total amount of
1. 204 N. Forrest Ave. TWO STRUCTURES ON SITE
taxes by the tax base (the total value of taxable property) with adjustments as
(Single Family Dwelling in an R-1, Low-Density Residential Zone)
HCAD: #035-208-005-0018 required by state law. The rates are given per $100 of property value.
Blk. 5; Lot 8; Sylvan Beach First Subdivision
Legal Description:
Legal Description:
$ 31,942.00
Improvements:
Last year’s tax rate:
Taxes Owed: $ 0
$1,396,366
Last year’s operating taxes
2. 514 N. 5th St ONE STRUCTURE ON SITE
Last year’s debt taxes $150,044
(Single Family Dwelling in an R-1, Low-Density Residential Zone)
HCAD: #023-216-004-0009
$1,546,410
Last year’s total taxes
Legal Description: Blk. 104; Lots 9 & 10; La Porte – Harris County
Legal Description:
Last year’s tax base $188,788,958
$ 39,495.00
Improvements:
$ 0
Taxes Owed:
$0.819121/$100
Last year’s total tax rate
This year’s effective tax rate:
3. 626 N. 1st St. ONE STRUCTURE ON SITE
(Single Family Dwelling in an R-1, Low-Density Residential Zone)
Last year’s adjusted taxes
HCAD: #024-037-027-0003
$1,546,335
(after subtracting taxes on lost property)
Blk. 327; Lots 3-4; Town of La Porte- Harris County
Legal Description:
Legal Description:
$ 17,803.00
Improvements:
÷ This year’s adjusted tax base
Taxes Owed: $ 0
(after subtracting value of new property) $180,311,019
4. 330 S. 5th St. sONE STRUCTURE ON SITE
(Single Family Dwelling in an R-1, Low-Density Residential Zone)
=This year’s effective tax rate $0.857593/$100
HCAD: #023-162-018-0017
(Maximum rate unless unit publishes notices and holds hearings.)
Legal Description: Blk. 18; Lots 17, 18, & 19; La Porte
Legal Description:This year’s rollback tax rate:
$ 13,614.00
Improvements:
$ 0
Taxes Owed:
Last year’s adjusted operating taxes $1,396,289
(after subtracting taxes on lost property and
adjusting for any transferred function, tax
City of La Porte, 604 W. Fairmont Parkway, La Porte, TX 77571
and/or enhanced indigent healthcare expenditures)
CITY OF LA PORTE
Patrice Fogarty, City Secretary
$180,311,019
÷ This year’s adjusted tax base
In compliance with the Americans with Disabilities Act, the City of La Porte will provide
=This year’s effective operating rate $0.774378/$100
for reasonable accommodation for persons attending public meetings. To better serve at
-
tendees, requests should be received 24 hours prior to the meetings. Please contact Patrice
=this year’s maximum operating rate $0.836328/$100
x 1.08
Fogarty, City Secretary, at 281.470.5019.
+ This year’s debt rate $0.182076/$100
NOTICE OF PUBLIC HEARING
= This year’s total rollback rate $1.018404/$100
Notice is hereby given that the City Council of the City of La Porte will hold a Public
Hearing on the 14th day of September 2015, in the Council Chambers of the City Hall, 604
Statement of Increase/Decrease
West Fairmont Parkway, La Porte, Texas, beginning at 6:00 P.M. The purpose of this hear
If City of Morgan’s Point adopts a 2015 tax rate equal to the effective tax
-
ing is to provide citizens the opportunity to comment on the overall budget.
rate of $0.857593 per $100 of value, taxes would increase compared to 2014
taxes by $6,582.
This budget will raise more total property taxes than last year’s bud
-
get by $1,209,600.00, or 7.08%; and of that amount, $167,401.27 is tax
Schedule A - Unencumbered Fund Balance
revenue to be raised from new property added to the tax roll this year.
The following estimated balances will be left in the unit’s property tax ac
-
corresponding debt obligation.
30, 2015. Copies of the adopted budget will be available for public inspection and copying
Type of Property Tax Fund Balance
and the La Porte Community Library, 600 South Broadway, La Porte, Texas, during normal
General Fund 1,307,320
business hours. Copies will also be made available on the City’s website.
Debit Service Fund 154,108
CITY OF LA PORTE
Schedule B - 2015 Debt Service
The unit plans to pay the following amounts for long-term debts that are
Patrice Fogarty, TRMC, MMC
secured by property taxes. These amounts will be paid from property tax
City Secretary
revenues (or additional sales tax revenues, if applicable).
Interest
Principal Other
NOTICE OF PUBLIC HEARING
Total
Description of Debtto be Paid
or Contract Amounts
Payment
LA PORTE DEVELOPMENT CORPORATION BOARD (TYPE B BOARD)
from
Payment to to be Paid
Property
be Paid from
Notice is hereby given that the La Porte Development Corporation Board (Type B Board)
Taxes
of the City of La Porte, Texas will conduct a public hearing at on the
5:00 p.m.11th day Property Taxes
in the Council Chambers at City Hall, 604 West Fairmont Parkway,
of November, 2015,
La Porte, Texas. The purpose of the public hearing is to receive public input on a proposed
project by the La Porte Development Corporation in an amount not to exceed $400,000.00,
Obligation
to promote and develop a new and expanded business enterprise, through site improve
-
ments and other related improvements for infrastructure at the former Texas Parks & Wild
-
Obligation
life building located at 102 E. Main Street and 105 San Jacinto Street, La Porte, TX 77571.
Persons wishing to address the Board pro or con shall be required to sign in before the meet
-
Obligation
ing is convened.
CITY OF LA PORTE
$329,717
Total required for 2015 debt service
$0
- Amount (if any) paid from Schedule A
Patrice Fogarty, TRMC
City Secretary
$0
- Amount (if any) paid from other resources
$0
- Excess collections last year
A quorum of City Council members may be present and participate in discussions during this meeting,
$329,717
however, no action will be taken by Council.= Total to be paid from taxes in 2015
+ Amount added in anticipation that the unit will
This facility has disability accommodations available. Requests for accommodations or interpretive
services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary’s
$0
collect only 100.00% of its taxes in 2015
$329,717
= Total debt levy
This notice contains a summary of actual effective and rollback tax rates’
NOTICE OF PUBLIC HEARING
calculations. You can inspect a copy of the full calculations at 604 West
LA PORTE DEVELOPMENT CORPORATION BOARD (TYPE B BOARD)
Fairmont Parkway, La Porte, Texas 77571.
Name of person preparing this notice: Katherine R Powell
Notice is hereby given that the La Porte Development Corporation Board (Type B Board)
Notice is hereby given that the La Porte Development Corporation Board (Type B Board)
of the City of La Porte, Texas will conduct a public hearing at 5:00 p.m. on the 11th day
Title: Revenue Manager
of the City of La Porte, Texas will conduct a public hearing at 5:00 p.m.11th day
of November, 2015, in the Council Chambers at City Hall, 604 West Fairmont Parkway,
Date Prepared: 08/27/2015
of November, 2015, in the Council Chambers at City Hall, 604 West Fairmont Parkway,
La Porte, Texas. The purpose of the public hearing is to receive public input on a proposed
La Porte, Texas. The purpose of the public hearing is to receive public input on a proposed
project by the La Porte Development Corporation in an amount not to exceed $250,000.00,
project by the La Porte Development Corporation in an amount not to exceed $250,000.00,
to promote and develop an expanded business enterprise, through site improvements and
to promote and develop an expanded business enterprise, through site improvements and
other related improvements for infrastructure at property located at 1010 S. Broadway
other related improvements for infrastructure at property located at 1010 S. Broadway
Street, La Porte, TX 77571.
Persons wishing to address the Board pro or con shall be required to sign in before the meet
-
Persons wishing to address the Board pro or con shall be required to sign in before the meet
ing is convened.
CITY OF LA PORTE
Patrice Fogarty, TRMC
Patrice Fogarty, TRMC
City Secretary
Houston, TX 77024
A quorum of City Council members may be present and participate in discussions during this meeting,
A quorum of City Council members may be present and participate in discussions during this meeting,
however, no action will be taken by Council.
713-861-9453
This facility has disability accommodations available. Requests for accommodations or interpretive
This facility has disability accommodations available. Requests for accommodations or interpretive
wildlifecenteroftexas.org
services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary’s
services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary’s
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
January 25, 2016January 25, 2016AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/AN/A
Don PennellDon PennellSource of Funds:Source of Funds:
Requested By:Requested By:
Account Number:Account Number:
Public WorksPublic Works
Department:Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1. Map of Lomax Lift Station Consolidation Map of Lomax Lift Station Consolidation
Area
2. City Lift Station System Flow Chart with City Lift Station System Flow Chart with
Age
3. Preliminary Cost Estimate Preliminary Cost Estimate
4. Loan Application invitation TWDB Loan Application invitation TWDB
5. Resolution Resolution
6. Email from Financial Advisor Email from Financial Advisor
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The West Lomax Area Sanitary Sewer Extension Feasibility Study that was completed in April 2015 by The West Lomax Area Sanitary Sewer Extension Feasibility Study that was completed in
April 2015 by
consultant Cobb Fendley determined that eight (8) sanitary sewer lift stations in the area could be consultant Cobb Fendley determined that eight (8) sanitary sewer lift stations in
the area could be
eliminated by constructing one new lift station, replacing 10,600 feet of force main, replacing 52 eliminated by constructing one new lift station, replacing 10,600 feet of force main,
replacing 52
manholes, and replacing 20,720 feet of sanitary sewer. manholes, and replacing 20,720 feet of sanitary sewer.
In November 2015 the City received approval from the TWDB (Texas Water Development Board) to In November 2015 the City received approval from the TWDB (Texas Water Development Board)
to
apply for a loan to Design and Construct the sanitary sewer extension project that is renamed the apply for a loan to Design and Construct the sanitary sewer extension project that is
renamed the apply for a loan to Design and Construct the sanitary sewer extension project that is renamed the apply for a loan to Design and Construct the sanitary sewer extension project
that is renamed the
Lomax Area Wastewater Lift Station Consolidation or Lomax Area WWLS Consolidation. The Lomax Area Wastewater Lift Station Consolidation or Lomax Area WWLS Consolidation. The
application will be submitted to TWDBapplication will be submitted to TWDBs Clean Water State Revolving Funding, which provides a s Clean Water State Revolving Funding, which provides
a
discounted interest rate for qualifying communities for qualifying project. The Lomax Area WWLS discounted interest rate for qualifying communities for qualifying project. The Lomax
Area WWLS
project has received an initial review by TWDB and is a qualifying project. The Cityproject has received an initial review by TWDB and is a qualifying project. The Citys financial
advisor s financial advisor
has reviewed the potential financing options and believes that TWDBhas reviewed the potential financing options and believes that TWDBs interest subsidy would mean a s interest subsidy
would mean a
net present value saving of $1.1 million. Additionally, staff and TWDB representatives believe that this net present value saving of $1.1 million. Additionally, staff and TWDB representatives
believe that this
project would be eligible for up to $1.5 million in loan forgiveness. The exact amount of loan forgiveness project would be eligible for up to $1.5 million in loan forgiveness. The
exact amount of loan forgiveness
will be determine once the application in finalized and submitted. will be determine once the application in finalized and submitted.
Through the revolving loan fund program, the State of Texas and Texas Water Development Board are Through the revolving loan fund program, the State of Texas and Texas Water Development
Board are
providing an excellent, and much needed, opportunity for the City of La Porte to pursue significant providing an excellent, and much needed, opportunity for the City of La Porte to pursue
significant
improvements to the Cityimprovements to the Citys wastewater collection system. The requested funding will allow the City of s wastewater collection system. The requested funding
will allow the City of
La Porte to accomplish the following:La Porte to accomplish the following:
Reduce the number of sanitary lift stations by eight (8). Remove nine (9) lift stations and install Reduce the number of sanitary lift stations by eight (8). Remove nine (9) lift stations
and install
one (1) regional lift station. The lift stations to be eliminated were all constructed in the 1960one (1) regional lift station. The lift stations to be eliminated were all constructed
in the 1960s.
Improve system efficiency. Currently wastewater collected in the project area is pumped in Improve system efficiency. Currently wastewater collected in the project area is pumped in
series up to five times. Upon project completion, all wastewater will be lifted a single time.series up to five times. Upon project completion, all wastewater will be lifted a single
time.
Allow the City to move forward with improvements identified in the SSO project agreement with Allow the City to move forward with improvements identified in the SSO project agreement
with
TCEQ. In fact, the improvements proposed with this request are more ambitious and provide TCEQ. In fact, the improvements proposed with this request are more ambitious and provide
greater benefit in terms of reducing the potential for SSOs than those improvements that were greater benefit in terms of reducing the potential for SSOs than those improvements that
were
identified in the TCEQ/city agreement. identified in the TCEQ/city agreement.
A requirement of the TWDB application for Clean Water State Revolving Fund loan application is for the A requirement of the TWDB application for Clean Water State Revolving Fund loan
application is for the
City Council to pass a resolution to authorize application for the loan in the amount of up to $10,635,000.City Council to pass a resolution to authorize application for the loan in
the amount of up to $10,635,000.
Action Required of Council:Action Required of Council:
Consider approval or other action authorizing a resolution to apply for a Clean Water State Revolving Consider approval or other action authorizing a resolution to apply for a Clean
Water State Revolving
Fund loan application through the Texas Water Development Board in the amount of $10,635,000.Fund loan application through the Texas Water Development Board in the amount of $10,635,000.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
Project Information Form Submital - Clean Water Revolving Fund Program
City of La Porte, Texas
Lomax Area Wastewater Lift Station Consolidation
January, 2016
Unit
Item QuantityUnitPriceTotal
Phase 1 Construction Costs (Cobb Fendley Report) $ 2,619,000
Add 11,000 Lin. Ft. 16" Force Main11000LF$ 135.00 $ 1,485,000
Add Lift Station 23 incl. Force Main Replacement1Lump$ 500,000.00$ 500,000
Add Sanitary Service Lateral Rehabilitation 70Each$ 4,000.00$ 280,000
Subtotal Phase 1 Construction Costs$ 4,884,000
Phase 2 Construction Costs (Cobb Fendley Report)$ 2,317,540
Add Sanitary Service Lateral Rehabilitation 50Each$ 4,000.00$ 200,000
Subtotal Phase 2 Construction Costs$ 2,517,540
SUBTOTAL PHASE 1 + PHASE 2 CONSTRUCTION$7,401,540
Add 25% Contingency$1,850,385
TOTAL CONSTRUCTION COST PLUS 25%$9,251,925
Planning, Environmental, Acquisition, Design, Construction 13%$ 1,383,000
TOTAL PROJECT COST ESTIMATE$ 10,634,925
P.O. Box 13231, 1700 N. Congress Ave.
Austin, TX 78711-3231, www.twdb.texas.gov
Phone (512) 463-7847, Fax (512) 475-2053
November 20, 2015
Mr. David Mick
Public Works Director
La Porte
604 West Fairmont Parkway
La Porte, TX 77571-6215
Re: State Fiscal Year 2016 Clean Water State Revolving Fund (CWSRF) Application
Invitation
Dear Mr. Mick:
We are pleased to provide you this official notice that the City of La Porte is hereby invited to
submit an application for funding to the Texas Water Development Board (TWDB) through the
Clean Water State Revolving Fund.
The proposed project is listed in the Intended Use Plan (IUP) as being eligible to receive funding
as shown below:
Project Description Lomax Area WWLS Consolidation
Eligible Phases P A D & Construction; Non-Equivalency
Project Information Form Number 11115
Eligible Project Costs $10,635,000
Your proposed project has also been identified as eligible to receive principal forgiveness
reserved for Green Projects. The actual principal forgiveness amount will be reviewed and a
determination made, once your completed application is received and reviewed, based on the
IUP and funding availability.
Applications will be processed in a first-come, first-served manner based on the time the
application is determined to be administratively complete. Application submittal guidance and
the related application materials may be found on our website at
www.twdb.texas.gov/financial/applications/.
A pre-application conference is a requirement of the Clean Water State Revolving Fund
program. If you have not already scheduled yours, please contact Tammie Brown by phone at
(512) 475-0580 or by e-mail at tammie.brown@twdb.texas.gov. They will be able to assist you
with scheduling a meeting prior to your submission of the application.
.
.
Our Mission Board Members
.
.
.
.
To provide leadership, information, education, and Bech Bruun, Chairman Kathleen Jackson, Member
.
.
support for planning, financial assistance, and
.
.
outreach for the conservation and responsible
.
.
development of water for Texas Kevin Patteson, Executive Administrator
.
Mr. David Mick
November 20, 2015
Page 2
We look forward to working with the City of La Porte on its project. Please contact Mark Evans,
Program Coordinator, by phone at (512) 463-8510 or by email at mark.evans@twdb.texas.gov,
should you have any concerns or questions.
Sincerely,
Jo Dawn Bomar, Director
Program Administration and Reporting
Water Supply and Infrastructure
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
January 25, 2016January 25, 2016AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/AN/A
Don PennellDon PennellSource of Funds:Source of Funds:
Requested By:Requested By:
Account Number:Account Number:
Public WorksPublic Works
Department:Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1. Resolution Resolution
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
This is an accompanying item to the previous agenda request for considering financial assistance from This is an accompanying item to the previous agenda request for considering financial
assistance from
the Texas Water Development Board (TWDB) for the Lomax Area Wastewater Lift Station the Texas Water Development Board (TWDB) for the Lomax Area Wastewater Lift Station
Consolidation Project. The TWDB requires applicants to affirm by City Council resolution that the Consolidation Project. The TWDB requires applicants to affirm by City Council resolution
that the
applicant (the City) has the authority to collect and treat wastewater within the City of La Porte service applicant (the City) has the authority to collect and treat wastewater within
the City of La Porte service
area, set and collect utility rates, accept and utilize grant funding. area, set and collect utility rates, accept and utilize grant funding.
Action Required of Council:Action Required of Council:
Consider approval or other action of a Resolution designating the City of La Porte as the management Consider approval or other action of a Resolution designating the City of La Porte
as the management
agency for wastewater collection and treatment within the City of La Porte corporate limits and where agency for wastewater collection and treatment within the City of La Porte corporate
limits and where
authorized by the La Porte City Council within the City of La Porteauthorized by the La Porte City Council within the City of La Portes extraterritorial jurisdiction areas. s extraterritorial
jurisdiction areas.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
January 25, 2016January 25, 2016AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Capital OutlayCapital Outlay
Michael DolbyMichael DolbySource of Funds:Source of Funds:
Requested By:Requested By:
0039890655110000398906551100
FinanceFinanceAccount Number:Account Number:
Department:Department:
$180,000.00$180,000.00
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1. Soule Source Documentation Soule Source Documentation
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
In 2005, the City entered into an Interlocal Participation Agreement with the City of Pearland to piggy In 2005, the City entered into an Interlocal Participation Agreement with the
City of Pearland to piggy
back off the contract for an Automated Meter Reader (AMR) wireless system with HD Supply. back off the contract for an Automated Meter Reader (AMR) wireless system with HD Supply. Part
of Part of
that contract was to change out all meters to a Neptune meter and electronic register. The life cycle of a that contract was to change out all meters to a Neptune meter and electronic
register. The life cycle of a
meter is about ten years.meter is about ten years. Meters throughout the city are failing resulting in more staff time to manually Meters throughout the city are failing resulting
in more staff time to manually
read the meters. read the meters.
As part of the FY 2015As part of the FY 2015--2016 Capital Improvement Project, funds were budgeted for the water meter 2016 Capital Improvement Project, funds were budgeted for the
water meter
replacement project for the replacement of the failing meters for the AMR wireless system. replacement project for the replacement of the failing meters for the AMR wireless system.
Neptune Neptune
meters were used as part of the AMR system and components of other manufacturers are not meters were used as part of the AMR system and components of other manufacturers are not
compatible with Neptune; therefore, the meters have to be replaced with Neptune meters.compatible with Neptune; therefore, the meters have to be replaced with Neptune meters. HD Supply
is HD Supply is
the only distributor in the Houston area for Neptune meters making them the sole source supplier for the only distributor in the Houston area for Neptune meters making them the sole
source supplier for the only distributor in the Houston area for Neptune meters making them the sole source supplier for the only distributor in the Houston area for Neptune meters
making them the sole source supplier for
this area.
The cost of a residential meter or a 3/4 x 5/8 meter is $204.76, it is estimated that over 800 meters will The cost of a residential meter or a 3/4 x 5/8 meter is $204.76, it is estimated
that over 800 meters will
be replaced this FY. be replaced this FY.
Action Required of Council:Action Required of Council:
Consider approval or other action to purchase Neptune meters from HD Supply.Consider approval or other action to purchase Neptune meters from HD Supply.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
January 6, 2016
Subject: Neptune Sole Source Distribution in Houston area
To whom it may concern,
Neptune Technology Group, Inc. has always valued La Porte, Texas as a loyal
customer. I want to clarify that HD Supply-Houston is the exclusive full line Neptune
distributor for the Houston, Texas area. As the sole source provider of all Neptune
products, the City of La Porte can continue to depend on the local HD Supply-
Houston branch for your metering needs.
Regards,
Rex Baxter
Senior Territory Manager
Neptune Technology Group, Inc.
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
January 25, 2016January 25, 2016AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Source of Funds:Source of Funds:
Tim TietjensTim Tietjens
Requested By:Requested By:
Account Number:Account Number:
Planning & DevelopmentPlanning & Development
Department:Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1. Resolution Resolution
2. FHAST FHAST
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
As part of the Hurricane Ike recovery process, the GLO required each city eligible for funding to As part of the Hurricane Ike recovery process, the GLO required each city eligible for
funding to
complete a Fair Housing Activity Statement (FHAST) in order to receive continued funding. La Portecomplete a Fair Housing Activity Statement (FHAST) in order to receive continued funding.
La Portes
FHAST, which was developed by an appointed Fair Housing Work Group and approved by Council, FHAST, which was developed by an appointed Fair Housing Work Group and approved by Council,
identified a possible impediment to fair housing in Texas communities, commonly referred to as a identified a possible impediment to fair housing in Texas communities, commonly referred
to as a Not
in my Backyardin my Backyard((NIMBY) attitude. To overcome this impediment, the City is tasked with developing an NIMBY) attitude. To overcome this impediment, the City is tasked
with developing an
Anti-NIMBYism Action Plan. NIMBYism Action Plan.
The FHAST offers the following considerations for addressing NIMBY:The FHAST offers the following considerations for addressing NIMBY:
1.NIMBY opposition needs to be anticipated and planning and outreach should occur on the front NIMBY opposition needs to be anticipated and planning and outreach should occur on the
front
end of projects. To mitigate defensive and reactive responses, planning should include strategies end of projects. To mitigate defensive and reactive responses, planning should include
strategies end of projects. To mitigate defensive and reactive responses, planning should include strategies end of projects. To mitigate defensive and reactive responses, planning
should include strategies
for education, outreach and marketing that provide accurate information and promote the positive for education, outreach and marketing that provide accurate information and promote the
positive
aspects and benefits of affordable housing to build support among community residents.aspects and benefits of affordable housing to build support among community residents.
1.The Department of Housing and Urban Development (HUD) provides extensive information about The Department of Housing and Urban Development (HUD) provides extensive information about
Fair Housing and examples at Fair Housing and examples at www.hud.govwww.hud.gov. Generally, communities should consider:. Generally, communities should consider:
Working with local officials, editorial boards, religious and civic organizations and other Working with local officials, editorial boards, religious and civic organizations and other
community leaders to initiate education programs.community leaders to initiate education programs.
Seeking opportunities to present information to community organizations by requesting to be Seeking opportunities to present information to community organizations by requesting to be
placed on their meeting agendas.placed on their meeting agendas.
Including a visit to the Group Home residence as part of an education program.Including a visit to the Group Home residence as part of an education program.
Answering all questions.Answering all questions.
Talking with local neighborhood leaders, including elected representatives, and setting up a Talking with local neighborhood leaders, including elected representatives, and setting up
a
neighborhood meeting.neighborhood meeting.
Setting up a liaison committee consisting of advocates, group residents, and neighborhood Setting up a liaison committee consisting of advocates, group residents, and neighborhood
residents to discuss issues.residents to discuss issues.
Identifying areas that meet AFFH (Affirmatively Furthering Fair Housing) targets where the Identifying areas that meet AFFH (Affirmatively Furthering Fair Housing) targets where the
community supports development, has worked with community groups and potentially uses funds community supports development, has worked with community groups and potentially uses funds
to assist the development of multito assist the development of multi--family affordable housing.family affordable housing.
Action Required of Council:Action Required of Council:
Consider approval or other action of a resolution adopting an AntiConsider approval or other action of a resolution adopting an Anti--NIMBYism Action Plan for the City of NIMBYism Action
Plan for the City of
La Porte.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
January 25, 2016January 25, 2016AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Source of Funds:Source of Funds:
Rosalyn EptingRosalyn Epting
Requested By:Requested By:
Account Number:Account Number:
Parks & RecreationParks & Recreation
Department:Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1. Ordinance Ordinance
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
thth
At the December 14At the December 14, 2015 Council Meeting, staff discussed and approved the proposed Lomax Open , 2015 Council Meeting, staff discussed and approved the proposed Lomax
Open
Riding Rules that had been developed by the Lomax Rodeo Arena User Committee. At that time staff Riding Rules that had been developed by the Lomax Rodeo Arena User Committee. At that
time staff
was instructed to formalize the ordinance and return to Council for approval. was instructed to formalize the ordinance and return to Council for approval.
The ordinance under consideration formalizes the rules, as presented at the December 14, 2015 The ordinance under consideration formalizes the rules, as presented at the December 14,
2015
Council meeting.Council meeting.
Action Required of Council:Action Required of Council:
Consider approval or other action of Ordinance amending Chapter 50 of the City of la Porte Code of Consider approval or other action of Ordinance amending Chapter 50 of the City of la
Porte Code of
Ordinances by adding rules for renters and open riding users at Lomax Arena.Ordinances by adding rules for renters and open riding users at Lomax Arena.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
REQUEST FOR LA PORTE CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: 25 January 2016
Source of Funds:
Requested By: Scott D. Livingston
Account Number:
Department: Administration/Economic Development
Amount Budgeted:
Report: Resolution: Ordinance:
Amount Requested:
Exhibit: CC Resolution Approving EDC By-laws
Budgeted Item: YES NO
Exhibit: LPDCs Amended By-Laws, 9 February 2015
Exhibit: City Councils Approval of LPDC Amended Bylaws
Exhibit: LP Development Corporations First Year Revenues
Exhibit: Purchasing Policy Manual
SUMMARY & RECOMMENDATION
On 11 January 2015, the LPDC Board voted to adopt amendments made by the LPDC Board to
the corporations by-laws that increase the limit for all LPDC expenditures, including enhancement
$50,000
grants, without prior approval from the City Council, to for the following reasons:
1)The LPDC Boards sales tax revenue for its full first year in 1999-2000 was
$755,735.75
. The corporations projected revenues this year, according to the latest
$2,434,3753.22
financial report, are expected to be , which is times greater than
$755,735.75$48,300
. $15,000 times 3.22 is .
2)In order to shorten and simplify the approval process for enhancement grant projects, the
LPDC Board requests the City Council increase its authorized limit for all qualifying
$50,000
projects of the revised LPEGP from $25,000 to . Currently, enhancement grant
projects up to $25,000 may be approved by the LPDC Board without additional approval of
the City Council, while enhancement grant projects for sums greater than $25,000 must
also be approved by the City Council. On 11 November 2015 the LPDC Board voted to
increase the Boards contribution for each qualifying project in the La Porte Enhancement
$50,000
Grant Program from $25,000 to .
3)The Citys Purchasing Policy authorizes every department of the City to spend up to
$49,999.99, per the conditions and requirements outlined in the same policy, toward
budgeted expenses without additional City Council approval. All expenses of $50,000 or
more require additional City Council approval.
1
Therefore, the LPDC Board requests that the City Council approve the following changes to the
corporations by-laws:
5.04 The Board of Directors shall obtain prior City Council approval of all
real estate acquisitions, real estate leases exceeding one year and/or any
other leases exceeding one year; all bond issues or other debt extending
of $50,000.00
beyond one year; and, contracts, expenditures, or debts
or more
. The Board of Directors shall have the authority to enter
into all other budgeted transactions without prior or additional City Council
approval. Notwithstanding the foregoing, the Board of Directors shall have
the authority to approve all budgeted Enhancement Grant expenditures
$50,000.00
for an amount equal to or less than , without additional
approval of City Council. Amendments to the Corporations budget must
be approved by the City Council.
Please note that the latest version of the corporations by-laws, which were revised in February
2015 and approved by the City Council in March 2015, are enclosed. The City Council is the
final approving authority for all amendments to the by-laws.
Action Required by the La Porte City Council:
Consider approval or other action adopting proposed amendments made by the La Porte
Development Corporation Board of Directors to the by-laws of the La Porte Development
Corporation
Approved for the La Porte City Council Agenda
Corby D. Alexander, City Manager Date
2
From: Wolny, Shelley
Sent: Wednesday, December 16, 2015 10:54 AM
To: Livingston, Scott <LivingstonS@laportetx.gov>
Cc: Dolby, Michael <DolbyM@laportetx.gov>
Subject: RE: Need info RE: ED Board sales tax revenue in 1999?
Scott,
Here you go. The first payment was in fiscal year 1999, but the other 11 are in fiscal year 2000. The
total received during the first 12 months was $755,735.75.
Thanks,
Shelley
FY1999 –FY2000
September $50,484.48
October53,865.07
November84,471.75
December 74,981.31
January 37,600.93
February 95,607.10
March 70,694.08
April 80,641.97
May112,039.75
June 56,518.36
July53,132.71
August 86,667.20
Total $755,735.75
From: Livingston, Scott
Sent: Tuesday, December 15, 2015 3:30 PM
To: Wolny, Shelley <WolnyS@laportetx.gov>; Dolby, Michael <DolbyM@laportetx.gov>
Subject: Need info RE: ED Board sales tax revenue in 1999?
Shelley and Michael,
In preparation for the ED Board meeting on 11 Jan. 2016, and at the request of ED Board member
Randy Woodard, would you please tell me how much sales tax revenue the La Porte Development
Corporation received in its first 12 months of operation? I think this would be during the 1999-2000
timeframe.
Thanks!
Scott
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
January 25, 2016January 25, 2016AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/AN/A
Michael DolbyMichael DolbySource of Funds:Source of Funds:
Requested By:Requested By:
Account Number:Account Number:
FinanceFinance
Department:Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1. Plan of Finance Plan of Finance
2. Refunding Ordinance Refunding Ordinance
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
At this time, staff would like to issue refunding bonds on several series that are callable in the near At this time, staff would like to issue refunding bonds on several series that
are callable in the near
future. Refunding City debt during the current market conditions will yield the City a significant amount future. Refunding City debt during the current market conditions will yield
the City a significant amount
of savings (approximately $433,000). During the December rate hike, the current market conditions of savings (approximately $433,000). During the December rate hike, the current market
conditions
were viewed as optimistic by the Federal Reserve. The Citywere viewed as optimistic by the Federal Reserve. The Citys financial advisors RBC Capital Markets s financial advisors RBC
Capital Markets
performed an analysis of outstanding debt to identify refinancing opportunities on several issues that are performed an analysis of outstanding debt to identify refinancing opportunities
on several issues that are
callable.
The bond market for refunding is time sensitive and interest rate sensitive; therefore, staff would like to The bond market for refunding is time sensitive and interest rate sensitive;
therefore, staff would like to
utilize the best method available for selling the debt. Staff recommends that the City use the negotiated utilize the best method available for selling the debt. Staff recommends that
the City use the negotiated
sales method, which allows the City to enter the market during favorable conditions. La Porte has sales method, which allows the City to enter the market during favorable conditions.
La Porte has
utilized this method in the past and it has provided favorable outcomes. Staff is recommending using utilized this method in the past and it has provided favorable outcomes. Staff
is recommending using utilized this method in the past and it has provided favorable outcomes. Staff is recommending using utilized this method in the past and it has provided favorable
outcomes. Staff is recommending using
Coastal Securities (the CityCoastal Securities (the Citys previous underwriter) s previous underwriter)
The Citys Financial Advisors and Bond Attorneys are present this evening to answer any questions. s Financial Advisors and Bond Attorneys are present this evening to answer any questions.
Action Required of Council:Action Required of Council:
Consider approval or other action of an Ordinance authorizing and ordering the issuance, sale and Consider approval or other action of an Ordinance authorizing and ordering the issuance,
sale and
delivery of City of La Porte, Texas, general obligation refunding bonds, series 2016. delivery of City of La Porte, Texas, general obligation refunding bonds, series 2016.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
Robert V. Henderson
Managing Director
,
Phone: (210) 805-1118
Facsimile: (210) 805-1119
robert.henderson@rbccm.com
CLP,T
ITY OF A ORTE EXAS
PPF
RELIMINARY LAN OF INANCE
D:J7,2016
ATED ANUARY
I:
NTRODUCTION
In July 2016, in conjunction with the RBC Capital
nding debt to determine if there were any refunding
opportunities given the interest rate market conditions. There were. However, in order to insure the lowest
of those
certificates, we recommended that the City not undertake the refunding in calendar year 2015. We indicated that
we would update our analysis to consider the refunding in January 2016. The purpose of this report is to provide
that promised update.
FB:
INANCIAL ACKGROUND
Including the recently issued Certificates of Obligation, Series 2015, the City of La Porte currently has eleven
ad valorem property tax secured debt obligations outstanding as follows:
Original Currently Final
Issue: Amount: Outstanding: Maturity:
Limited Tax Bonds, Series 2002 $5,400,000 $ 270,000 3/15/2016
Certificates of Obligation, Series 2005 1,800,000 180,000 3/15/2017
General Obligation Bonds, Series 2005 7,675,000 780,000 3/15/2017
Certificates of Obligation, Series 2006 5,765,000 615,000 3/15/2017
General Obligation Bonds, Series 2006 1,200,000 265,000 3/15/2018
Certificates of Obligation, Series 2007 8,075,000 3,760,000 3/15/2029
Certificates of Obligation, Series 2010 6,265,000 4,905,000 3/15/2026
General Obligation Ref. Bonds, Series 2010 4,295,000 2,175,000 3/15/2020
General Obligation Ref. Bonds, Series 2012 9,435,000 9,285,000 3/15/2025
General Obligation Ref. Bonds, Series 2014 9,300,000 8,585,000 3/15/2025
Certificates of Obligation, Series 2015 7,770,000 7,770,000 3/15/2030
The outstanding debt issues bear interest at rates ranging from 1.1% to 5.0% depending on the original series.
RA:
EFUNDING NALYSIS
Of the above debt; the Series 2007 Certificates of Obligation , meaning
refundable, maturities outstanding at interest rates ranging from 4.0% to 4.2%. In July, it was estimated that
these maturities could be refunded with gross dollar and net present value savings of $375,985 and $317,571
respectively or 9.28% of the refunded amount of debt. As of this date, those estimates have increased to
$497,816 and $433,677 respectively or 12.68% of the refunded amount of debt.
303 Pearl Parkway, Suite 220 (210) 805-1118 RBC Capital Markets
San Antonio, TX 78215 Member NYSE/SIPC
City of La Porte, Texas
January 7, 2016
Page 2
SRD:
ELLING THE EFUNDING EBT
There are three generally prescribed methods for selling public debt; Selling by competitive bid, selling on a
negotiated sale basis and conducting a private placement. The first two methods involve sales to the general
public, obtaining bond ratings, preparing offering documents and involving underwriters. The private placement
method entails presenting the debt to a number of commercial banks (both locally and on a regional basis) and
asking them for bids. We would then present the City with a bond purchase agreement between the winning
bidder and the City reflecting those terms.
Given the advance refunding nature of the issue, which is timing and interest rate sensitive, it is our
recommendation that the debt be sold by the negotiated sale method. Given the modest size of the issue, it is our
recommendation that the City utilize a single underwriting firm for maximum focus on distribution. The City
has historical relationships with two underwriting firms including Coastal Securities and BOSC, Inc. Both of
has indicated a desire to utilize Coastal Securities as the sole
underwriter. We concur with that decision. It is also our recommendation, in order to minimize costs of
issuance, that the City utilize only one rating agency. Historically on smaller issues, the City used Standard and
T:
IMING
General Obligation Refunding Bonds do not require any special notices or public hearings. There are two
methods for handling council approval. The first is the more traditional in that the Council approves a plan of
finance and authorizes the Director of Finance, working with the Financial Advisor, to proceed with rating
presentations, document preparation and set a predetermined date to sell the bonds and bring to the Council an
ordinance complete with interest rates for Council approval. The second method has become popular in the past
4-5
issuance of the debt is presented to council that does not set out the final interest rates of the issue but instead
delegates the authority to negotiate such final terms to one or more City officials; typically the City Manager
and/or the Director of Finance, SO LONG AS CERTAIN PARAMETERS APPROVED BY THE COUNCIL
ARE MET. The parameters set out in the ordinance included a maximum amount of debt to be issued, the
maximum level of interest rates that can be approved, a maximum maturity of the debt and a minimum level of
savings that must be achieved and puts a time limit on the authorization. In this manner, City administration has
the latitude to monitor the market as preparations are made and to choose the market conditions in which to
enter rather than being forced to accept whatever market conditions exist at the time of a predetermined sale
date. Given the variety of timing considerations and that the City has used the parameters sale method in the
past with success, is our recommendation to use that method. To that end, a parameters resolution has been
th
meeting. Of course, the decision to proceed and the
method and timing on which to proceed are entirely at the discretion of the City Council.
S:
UMMARY
The City of La Porte has developed a strong history of actively monitoring and managing its debt portfolio to
lock in substantial savings as opportunities arise. As always, we cannot be sure of final savings until the debt is
rated and sold. However, based on these estimates, RBC Capital Markets recommends moving forward with
this proposed refunding.
303 Pearl Parkway, Suite 220 (210) 805-1118 RBC Capital Markets
San Antonio, TX 78215 Member NYSE/SIPC
ORDINANCE AUTHORIZING AND ORDERING THE ISSUANCE, SALE
AND DELIVERY OF CITY OF LA PORTE, TEXAS, GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2016; DELEGATING TO
AUTHORIZED REPRESENTATIVES THE AUTHORITY TO APPROVE THE
AMOUNT, INTEREST RATES, PRICE AND TERMS THEREOF AND
CERTAIN OTHER PROCEDURES AND PROVISIONS RELATED
THERETO; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF
CERTAIN OUTSTANDING OBLIGATIONS; AND MAKING OTHER
PROVISIONS REGARDING THE BONDS AND MATTERS INCIDENT
THERETO
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
ARTICLE I.
FINDINGS AND DETERMINATIONS
Section 1.1.: Findings and Determinations. The City Council hereby officially finds and
determines that:
(a)
authorized by its Home Rule Charter and the Constitution and laws of the State of
Texas, particularly Chapter 1207, Texas Government Code, as amended (the
(b) The City, acting through its City Council, has heretofore issued and there remain
outstanding the obligations described in Schedule 1 attached hereto (the
(c) The City desires to refund all or a portion of the Refunding Candidates in advance
of their maturities in order to achieve net present value debt service savings for
the City;
(d) The City desires, pursuant to Section 1207.007 of the Act, to delegate to two or
more of the Authorized Representatives named herein the authority to effect the
sale of the Bonds, including the selection of the Refunding Candidates to be
refunded (such selected Refunding Candidates to be known herein as the
(e) The City is authorized by the Act to accomplish such refunding by depositing
directly with any place of payment for the Refunded Obligations or a trust
company or commercial bank the proceeds from the sale of such refunding bonds,
together with any other legally available funds, which shall be sufficient to
provide for the payment of the Refunded Obligations on their date of redemption,
and such deposit shall constitute the making of firm banking and financial
arrangements for the discharge and final payment of the Refunded Obligations;
and
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HOU:3622910.1
(f) Upon the issuance of the refunding bonds herein and the deposit of moneys and
investments herein authorized, the Refunded Obligations shall no longer be
regarded as being outstanding, except for the purpose of being paid from such
moneys and investments, and the pledges, liens, trusts and all other covenants,
provisions, terms and conditions of the ordinances authorizing the issuance of the
Refunded Obligations shall be, with respect to the Refunded Obligations,
discharged, terminated and defeased.
ARTICLE II.
DEFINITIONS AND INTERPRETATIONS
Section 2.1.: Definitions. As used herein, the following terms shall have the meanings
specified, unless the context clearly indicates otherwise:
, as amended.
Assistant City Manager and the Finance Director of the City.
shall mean any or all of the City of La Porte, Texas, General
Obligation Refunding Bonds, Series 2016, authorized by this Ordinance.
verning body of the City.
successor securities depository.
corporations and certain other organizations on whose behalf DTC was created to hold securities
to facilitate the clearance and settlement of securities transactions among DTC Participants.
Debt Service Fund established by the City and described in section 5.2 of this Ordinance.
2
HOU:3622910.1
e of payment for the Refunded Obligations or trust
company or commercial bank identified in the Escrow Agreement, and its successors in such
capacity.
relating to the deposit of funds to pay the Refunded Obligations.
twelve-month period beginning on the first day of October of a calendar year and ending on the
last day of September of the next succeeding calendar year and each such period may be
designated with the number of the calendar year in which such period ends.
2016, and each September 15 and March 15 thereafter until maturity or earlier redemption of
in exchange for payment of the purchase price therefor.
Representatives and containing the information regarding the Bonds specified in Sections 3, 4
and 5 hereof and substantially in the form of Exhibit A hereto.
hereto.
all Bonds theretofore and thereupon delivered pursuant to this Ordinance except: (a) any Bonds
canceled by or on behalf of the City at or before such date; (b) any Bonds defeased pursuant to
the defeasance provisions of this Ordinance or otherwise defeased as permitted by applicable
law; and (c) any Bonds in lieu of or in substitution for which a replacement Bond shall have been
delivered pursuant to this Ordinance.
Agent/Registrar Agreement referred to in Section 6.1 of this Ordinance and its successors in the
capacities of paying agent and registrar for the Bonds.
month immediately preceding the applicable Interest Payment Date.
Pricing Certificate.
Agent/Registrar in which are maintained the names and addresses of, and the principal amounts
registered to, each Registered Owner of Bonds.
3
HOU:3622910.1
registered in the Register.
Public Accountants, verifying the accuracy of certain mathematical computations relating to the
Bonds and the refunding of the Refunded Obligations.
ate.
Section 2.2.: Interpretations. All terms defined herein and all pronouns used in this
Ordinance shall be deemed to apply equally to singular and plural and to all genders. The titles
and headings of the articles and sections of this Ordinance have been inserted for convenience of
reference only and are not to be considered a part hereof and shall not in any way modify or
restrict any of the terms or provisions hereof. This Ordinance and all the terms and provisions
hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the
validity of the Bonds and the validity of the levy of ad valorem taxes to pay the principal of and
interest on the Bonds.
ARTICLE III.
TERMS OF THE BONDS
Section 3.1.: Amount, Purpose and Authorization. (a) The Bonds shall be issued in fully
Charter and the Act in the total authorized aggregate principal amount not to exceed THREE
MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($3,5000,000) for the
purpose of providing all or part of the funds to refund the Refunded Obligations. Proceeds of the
Bonds also will be used to pay costs of issuing of the Bonds and refunding the Refunded
Obligations.
(b) It is hereby found and determined that the refunding of the Refunded Obligations
and the issuance of the Bonds will benefit the City by reducing net present value debt service,
and that such benefit is sufficient consideration for the issuance of the Bonds.
Section 3.2.: Designation and Date
Porte, Texas, General Obligation Refunding Bonds, Serie
Certificate.
Section 3.3.: Numbers, Denomination, Interest Rates and Maturities. Unless otherwise
numbers and shall mature on the dates, in the principal amounts and bearing interest at the rates
ay be transferred and exchanged as set out in
this Ordinance. Bonds delivered in transfer of or in exchange for other Bonds shall be numbered
in order of their authentication by the Paying Agent/Registrar, shall be in the denomination of
$5,000 or integral multiples thereof and shall mature on the same date and bear interest at the
same rate as the Bond or Bonds in lieu of which they are delivered.
4
HOU:3622910.1
Section 3.4.: Sale and Delivery of Bonds. As authorized by Section 1207.007 of the Act,
the Authorized Representatives are hereby authorized to act on behalf of the City in selling and
delivering the Bonds and carrying out the other procedures specified in this Ordinance including,
without limitation, determining the date on and price at which the Bonds will be sold, the
Issuance Date and dated date, the dates on which the Bonds will mature, the aggregate principal
amount of the Bonds, the principal amount to mature on each maturity date, the rate of interest to
be borne by each such maturity, any optional and mandatory sinking fund redemption provisions,
the aggregate principal amount of Refunded Obligations and the particular Refunding Candidates
to be Refunded Bonds, and all other matters not expressly provided in this Ordinance relating to
the issuance, sale and delivery of the Bonds, including the refunding of the Refunded
the form attached hereto as Exhibit A; provided that:
(a)the net effective interest rate on the Bonds shall not exceed 4.00%;
(b)the sum of the principal amounts of the Bonds, which may not exceed the
maximum principal amount authorized in Section 3.1 hereof, plus any net
premium from the sale of the Bonds, must be sufficient to provide amounts
necessary to fund the costs and expenses of refunding the Refunded Obligations
discount;
(c)the net present value savings to the City in debt service resulting from the
issuance of the Bonds shall be at least 7.00% of the principal amount of the
(d)the maximum maturity of the Bonds shall not exceed March 15, 2029; and
(e)any finding by the Authorized Representatives relating to the sale and delivery of
the Bonds and the designation of Refunded Obligations shall have the same force
and effect as a finding or determination made by the Board.
The authority conferred by this Section shall expire at 5:00 p.m. on July 25, 2016.
Section 3.5.: Redemption Prior to Maturity. (a) The Bonds shall be subject to optional
redemption prior to maturity as provi
(b) The Bonds shall be subject to mandatory sinking fund redemption as provided in
(c) Bonds may be redeemed in part only in integral multiples of $5,000. If a Bond
subject to redemption is in a denomination larger than $5,000, a portion of such Bond may be
redeemed, but only in integral multiples of $5,000. In selecting portions of Bonds for
redemption, each Bond shall be treated as representing that number of Bonds of $5,000
denomination which is obtained by dividing the principal amount of such Bond by $5,000. Upon
5
HOU:3622910.1
presentation and surrender of any Bond for redemption in part, the Paying Agent/Registrar, in
accordance with the provisions of this Ordinance, shall authenticate and deliver in exchange
therefor a Bond or Bonds of like maturity and interest rate in an aggregate principal amount
equal to the unredeemed portion of the Bond so surrendered.
(d) Notice of any redemption, identifying the Bonds or portions thereof to be
redeemed, shall be sent by United States mail, first class, postage prepaid, to the Registered
Owners thereof at their addresses as shown on the Register, not less than thirty (30) days before
the date fixed for such redemption. By the date fixed for redemption, due provision shall be
made with the Paying Agent/Registrar for the payment of the redemption price of the Bonds
called for redemption. If such notice of redemption is given, and if due provision for such
payment is made, all as provided above, the Bonds which are to be so redeemed thereby
automatically shall be redeemed prior to their scheduled maturities, they shall not bear interest
after the date fixed for redemption, and they shall not be regarded as being Outstanding except
for the purpose of being paid with the funds so provided for such payment.
Section 3.6.: Manner of Payment, Characteristics, Execution and Authentication. The
Bonds shall be payable, shall have the characteristics and shall be executed, sealed, registered
and authenticated, all as provided and in the manner indicated in the Form of Bond set forth in
Attachment B to Exhibit A hereto. If any officer of the City whose manual or facsimile signature
shall appear on the Bonds shall cease to be such officer before the authentication of the Bonds or
before the delivery of the Bonds, such manual or facsimile signature shall nevertheless be valid
and sufficient for all purposes as if such officer had remained in such office.
The approving legal opinion of Andrews Kurth LLP, Houston, Texas, Bond Counsel,
may be printed on the back of the Bonds over the certification of the City Secretary, which may
be executed in facsimile. CUSIP numbers also may be printed on the Bonds, but errors or
omissions in the printing of either the opinion or the numbers shall have no effect on the validity
of the Bonds.
Section 3.7.: Special Record Date. If interest on any Bond is not paid on any Interest
Payment Date and continues unpaid for thirty (30) days thereafter, the Paying Agent/Registrar
shall establish a new record date for the payment of such interest, to be known as a Special
Record Date. The Paying Agent/Registrar shall establish a Special Record Date when funds to
make such interest payment are received from or on behalf of the City. Such Special Record
Date shall be fifteen (15) days prior to the date fixed for payment of such past due interest, and
notice of the date of payment and the Special Record Date shall be sent by United States mail,
first class, postage prepaid, not later than five (5) days prior to the Special Record Date, to each
affected Registered Owner as of the close of business on the day prior to mailing of such notice.
Section 3.8.: Authentication. Except for the Bonds to be initially issued, which need not
be authenticated by the Paying Agent/Registrar, only such Bonds as shall bear thereon a
certificate of authentication, substantially in the form provided in Article IV of this Ordinance,
manually executed by an authorized representative of the Paying Agent/Registrar, shall be
entitled to the benefits of this Ordinance or shall be valid or obligatory for any purpose. Such
6
HOU:3622910.1
duly executed certificate of authentication shall be conclusive evidence that the Bond so
authenticated was delivered by the Paying Agent/Registrar hereunder.
Section 3.9.: Ownership. The City, the Paying Agent/Registrar and any other person
may treat the person in whose name any Bond is registered as the absolute owner of such Bond
for the purpose of making and receiving payment of the principal thereof and interest thereon
and for all other purposes, whether or not such Bond is overdue, and neither the City nor the
Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. All
payments made to the person deemed to be the Registered Owner of any Bond in accordance
with this Section shall be valid and effective and shall discharge the liability of the City and the
Paying Agent/Registrar upon such Bond to the extent of the sums paid.
Section 3.10.: Registration, Transfer and Exchange. So long as any Bond remains
Outstanding, the Paying Agent/Registrar shall keep the Register at its corporate trust office and,
subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall
provide for the registration and transfer of the Bonds in accordance with the terms of this
Ordinance.
Each Bond shall be transferable only upon the presentation and surrender thereof at the
office of the Paying Agent/Registrar, accompanied by an assignment duly executed by the
Registered Owner or his authorized representative in form satisfactory to the Paying
Agent/Registrar. To the extent possible, upon due presentation of any Bond for transfer, the
Paying Agent/Registrar shall authenticate and deliver in exchange therefor, within seventy-two
(72) hours after such presentation, a new Bond or Bonds, registered in the name of the transferee
or transferees, in authorized denominations and of the same maturity and aggregate principal
amount and bearing interest at the same rate as the Bond or Bonds so presented and surrendered.
All Bonds shall be exchangeable upon the presentation and surrender thereof at the office
of the Paying Agent/Registrar for a Bond or Bonds, maturity and interest rate and in any
authorized denomination, in an aggregate principal amount equal to the unpaid principal amount
of the Bond or Bonds presented for exchange. The Paying Agent/Registrar shall be and is
hereby authorized to authenticate and deliver exchange Bonds in accordance with the provisions
of this Section. Each Bond delivered by the Paying Agent/Registrar in accordance with this
Section shall be entitled to the benefits and security of this Ordinance to the same extent as the
Bond or Bonds in lieu of which such Bond is delivered.
All Bonds issued in transfer or exchange shall be delivered to the Registered Owners
thereof at the office of the Paying Agent/Registrar or sent by United States mail, first class,
postage prepaid.
The City or the Paying Agent/Registrar may require the Registered Owner of any Bond to
pay a sum sufficient to cover any tax or other governmental charge that may be imposed in
connection with the transfer or exchange of such Bond. Any fee or charge of the Paying
Agent/Registrar for such transfer or exchange shall be paid by the City.
7
HOU:3622910.1
The Paying Agent/Registrar shall not be required to transfer or exchange any Bond called
for redemption in whole or in part during the forty-five (45) day period immediately prior to the
date fixed for redemption; provided, however, that this restriction shall not apply to the transfer
or exchange by the Registered Owner of the unredeemed portion of a Bond called for redemption
in part.
Section 3.11.: Book-Entry Only System. The definitive Bonds shall be initially issued in
the form of a separate single fully registered Bond for each of the maturities thereof. Upon
initial issuance, the ownership of each such Bond shall be registered in the name of Cede & Co.,
as nominee of DTC, and except as provided in Section 3.11 hereof, all of the Outstanding Bonds
shall be registered in the name of Cede & Co., as nominee of DTC. Upon delivery by DTC to
the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a
new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with
respect to interest checks being mailed to the Owner at the close of business on the Record Date,
With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the
City and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC
Participant or to any person on behalf of whom such a DTC Participant holds an interest in the
Bonds. Without limiting the immediately preceding sentence, the City and the Paying
Agent/Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the
records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in
the Bonds, (b) the delivery to any DTC Participant or any other person, other than a Bondholder,
as shown on the Register, of any notice with respect to the Bonds, including any notice of
redemption or (c) the payment to any DTC Participant or any other person, other than a
Bondholder as shown in the Register, of any amount with respect to principal of Bonds,
premium, if any, or interest on the Bonds.
Except as provided in Section 3.10 of this Ordinance, the City and the Paying
Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is
registered in the Register as the absolute owner of such Bond for the purpose of payment of
principal of, premium, if any, and interest on Bonds, for the purpose of giving notices of
redemption and other matters with respect to such Bond, for the purpose of registering transfer
with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar
shall pay all principal of Bonds, premium, if any, and interest on the Bonds only to or upon the
order of the respective owners, as shown in the Register as provided in this Ordinance, or their
respective attorneys duly authorized in writing, and all such payments shall be valid and
with respect to payment of principal
of, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No
person other than an owner shall receive a Bond evidencing the obligation of the City to make
payments of amounts due pursuant to this Ordinance.
Section 3.12.: Payments and Notices to Cede & Co. Notwithstanding any other
provision of this Ordinance to the contrary, as long as any Bonds are registered in the name of
Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and
8
HOU:3622910.1
interest on the Bonds, and all notices with respect to such Bonds shall be made and given,
respectively, in the manner provided in the representation letter of the City to DTC.
Section 3.13.: Successor Securities Depository; Transfer Outside Book-Entry Only
System. In the event that the City or the Paying Agent/Registrar determines that DTC is
incapable of discharging its responsibilities described herein and in the representation letter of
the City to DTC, and that it is in the best interest of the beneficial owners of the Bonds that they
be able to obtain certificated Bonds, the City or the Paying Agent/Registrar shall (a) appoint a
successor securities depository, qualified to act as such under Section 17(a) of the Securities and
Exchange Act of 1934, as amended, notify DTC of the appointment of such successor securities
depository and transfer one or more separate Bonds to such successor securities depository or (b)
notify DTC of the availability through DTC of Bonds and transfer one or more separate Bonds to
DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall
no longer be restricted to being registered in the Register in the name of Cede & Co., as nominee
of DTC, but may be registered in the name of the successor securities depository, or its nominee,
or in whatever name or names Bondholders transferring or exchanging Bonds shall designate, in
accordance with the provisions of this Ordinance.
Section 3.14.: Replacement Bonds. Upon the presentation and surrender to the Paying
Agent/Registrar of a damaged or mutilated Bond, the Paying Agent/Registrar shall authenticate
and deliver in exchange therefor a replacement Bond, of the same maturity, interest rate and
principal amount, bearing a number not contemporaneously outstanding. The City or the Paying
Agent/Registrar may require the Registered Owner of such Bond to pay a sum sufficient to cover
any tax or other governmental charge that may be imposed in connection therewith and any other
expenses connected therewith, including the fees and expenses of the Paying Agent/Registrar
and the City.
If any Bond is lost, apparently destroyed or wrongfully taken, the City, pursuant to the
applicable laws of the State of Texas and ordinances of the City, and in the absence of notice or
knowledge that such Bond has been acquired by a bona fide purchaser, shall execute, and the
Paying Agent/Registrar shall authenticate and deliver, a replacement Bond of the same maturity,
interest rate and principal amount, bearing a number not contemporaneously outstanding,
provided that the Registered Owner thereof shall have:
(a) furnished to the City and the Paying Agent/Registrar satisfactory evidence of the
ownership of and the circumstances of the loss, destruction or theft of such Bond;
(b) furnished such security or indemnity as may be required by the Paying
Agent/Registrar and the City to save and hold them harmless;
I paid all expenses and charges in connection therewith, including, but not limited
to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or
other governmental charge that may be imposed; and
(d) met any other reasonable requirements of the City and the Paying
Agent/Registrar.
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HOU:3622910.1
If, after the delivery of such replacement Bond, a bona fide purchaser of the original
Bond in lieu of which such replacement Bond was issued presents for payment such original
Bond, the City and the Paying Agent/Registrar shall be entitled to recover such replacement
Bond from the person to whom it was delivered or any person taking therefrom, except a bona
fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor
to the extent of any loss, damage, cost or expense incurred by the City or the Paying
Agent/Registrar in connection therewith.
If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or
is about to become due and payable, the City in its discretion may, instead of issuing a
replacement Bond, authorize the Paying Agent/Registrar to pay such Bond.
Each replacement Bond delivered in accordance with this Section shall be entitled to the
benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which
such replacement Bond is delivered.
Section 3.15.: Cancellation. All Bonds paid or redeemed in accordance with this
Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are
authenticated and delivered in accordance herewith, shall be canceled and destroyed upon the
making of proper records regarding such payment or redemption. The Paying Agent/Registrar
shall periodically furnish the City with certificates of destruction of such Bonds.
ARTICLE IV.
FORM OF BONDS
the form attached hereto as Attachment B to Exhibit A, with such omissions, insertions and
variations as may be necessary or desirable, and not prohibited by this Ordinance.
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ARTICLE V.
SECURITY FOR THE BONDS
Section 5.1.: Pledge and Levy of Taxes. (a) To provide for the payment of principal of
and interest on the Bonds, there is hereby levied, within the limits prescribed by law, for the
current year and each succeeding year thereafter, while the Bonds or any part of the principal
thereof and the interest thereon remain outstanding and unpaid, an ad valorem tax upon all
taxable property within the City sufficient to pay the interest on the Bonds and to create and
provide a sinking fund of not less than 2% of the principal amount of the Bonds or not less than
the principal payable out of such tax, whichever is greater, with full allowance being made for
tax delinquencies and the costs of tax collection, and such taxes, when collected, shall be applied
to the payment of principal of and interest on the Bonds by deposit to the Debt Service Fund and
to no other purpose.
(b) The City hereby declares its purpose and intent to provide and levy a tax legally
sufficient to pay the principal of and interest on the Bonds, it having been determined that the
existing and available taxing authority of the City for such purpose is adequate to permit a
legally sufficient tax. As long as any Bonds remain outstanding, all moneys on deposit in, or
credited to, the Debt Service Fund shall be secured by a pledge of security, as provided by law
for cities in the State of Texas.
Section 5.2.: Debt Service Fund. The General Obligation Refunding Bonds, Series 2016,
benefit of the Bonds. The City shall establish and maintain such fund at an official City
depository. Any amount on deposit in the Debt Service Fund shall be maintained by the City in
trust for the Registered Owners of the Bonds. Such amount, plus any other amounts deposited
by the City into such fund and any and all investment earnings on amounts on deposit in such
fund, shall be used only to pay the principal of, premium, if any, and interest on the Bonds.
Section 5.3.: Further Proceedings. After the Bonds to be initially issued have been
executed, it shall be the duty of the Mayor to deliver the Bonds to be initially issued and all
pertinent records and proceedings to the Attorney General for examination and approval. After
the Bonds to be initially issued shall have been approved by the Attorney General, they shall be
delivered to the Comptroller for registration. Upon registration of the Bonds to be initially
issued, the Comptroller (or a deputy lawfully designated in writing to act for the Comptroller)
attached to the Bonds to be initially issued, and the seal of said Comptroller shall be impressed,
or placed in facsimile, thereon.
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ARTICLE VI.
CONCERNING THE PAYING AGENT/REGISTRAR
Section 6.1.: Acceptance. The Paying Agent/Registrar hereby appointed as the initial
paying agent and registrar for the Bonds pursuant to the terms and provisions of the Paying
Agent/Registrar Agreement by and between the City and the Paying Agent/Registrar. The
Paying Agent/Registrar Agreement shall be substantially in the form presented to City Council
with this Ordinance, the terms and provisions of which are hereby approved, and the Mayor is
hereby authorized to execute and deliver such Paying Agent/Registrar Agreement on behalf of
the City in multiple counterparts and the City Secretary is hereby authorized to attest thereto and
ch initial Paying Agent/Registrar and any successor Paying
Agent/Registrar, by undertaking the performance of the duties of the Paying Agent/Registrar
hereunder, and in consideration of the payment of any fees pursuant to the terms of any contract
between the Paying Agent/Registrar and the City and/or the deposits of money pursuant to this
Ordinance, shall be deemed to accept and agree to abide by the terms of this Ordinance.
Section 6.2.: Trust Funds. All money transferred to the Paying Agent/Registrar in its
capacity as Paying Agent/Registrar for the Bonds under this Ordinance (except any sums
be the property of the City and shall be disbursed in accordance with this Ordinance.
Section 6.3.: Bonds Presented. Subject to the provisions of Section 6.4, all matured
Bonds presented to the Paying Agent/Registrar for payment shall be paid without the necessity of
further instructions from the City. Such Bonds shall be canceled as provided herein.
Section 6.4.: Unclaimed Funds Held by the Paying Agent/Registrar. Funds held by the
Paying Agent/Registrar that represent principal of and interest on the Bonds remaining
unclaimed by the Registered Owner thereof after the expiration of three years from the date such
funds have become due and payable (a) shall be reported and disposed of by the Paying
Agent/Registrar in accordance with the provisions of Title 6 of the Texas Property Code, as
amended, to the extent such provisions are applicable to such funds, or (b) to the extent such
provisions do not apply to the funds, such funds shall be paid by the Paying Agent/Registrar to
the City upon receipt by the Paying Agent/Registrar of a written request therefor from the City.
The Paying Agent/Registrar shall have no liability to the Registered Owners of the Bonds
by virtue of actions taken in compliance with this Section.
Section 6.5.: Paying Agent/Registrar May Own Bonds. The Paying Agent/Registrar in
its individual or any other capacity, may become the owner or pledgee of Bonds with the same
rights it would have if it were not the Paying Agent/Registrar.
Section 6.6.: Successor Paying Agents/Registrars. The City covenants that at all times
while any Bonds are Outstanding it will provide a legally qualified bank, trust company,
financial institution or other agency to act as Paying Agent/Registrar for the Bonds. The City
reserves the right to change the Paying Agent/Registrar for the Bonds on not less than sixty (60)
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than 60 days prior to the next succeeding principal or interest payment date on the Bonds.
Promptly upon the appointment of any successor Paying Agent/Registrar, the previous Paying
Agent/Registrar shall deliver the Register or a copy thereof to the new Paying Agent/Registrar,
and the new Paying Agent/Registrar shall notify each Registered Owner, by United States mail,
first class, postage prepaid, of such change and of the address of the new Paying Agent/Registrar.
Each Paying Agent/Registrar hereunder, by acting in that capacity, shall be deemed to have
agreed to the provisions of this Ordinance.
ARTICLE VII.
PROVISIONS CONCERNING SALE AND
APPLICATION OF PROCEEDS OF BONDS
Section 7.1.: Sale of Bonds. The Bonds shall be sold and delivered to the Underwriters
the Authorized Representatives are hereby authorized and directed to execute the Bond Purchase
Agreement on behalf of the City, and the Authorized Representatives and all other officers,
agents and representatives of the City are hereby authorized to do any and all things necessary or
desirable to satisfy the conditions set out therein and to provide for the issuance and delivery of
the Bonds.
Section 7.2.: Approval, Registration and Delivery. The Mayor is hereby authorized to
have control and custody of the Bonds and all necessary records and proceedings pertaining
thereto pending their delivery, and the Mayor and other officers and employees of the City are
hereby authorized and directed to make such certifications and to execute such instruments as
may be necessary to accomplish the delivery of the Bonds and to assure the investigation,
examination and approval thereof by the Attorney General and the registration of the initial
Bonds by the Comptroller. Upon registration of the Bonds, the Comptroller (or the
prescribed herein to be attached or affixed to each Bond initially delivered and the seal of the
Comptroller shall be impressed or printed or lithographed thereon.
Section 7.3.: Offering Documents; Ratings. The City hereby authorizes the preparation
of a Preliminary Official Statement and final Official Statement, in substantially the form of the
Preliminary Official Statement, with such modifications as shall be necessary to describe the
final terms of the Bonds, dated as of the sale date, relating to the Bonds, and any addenda,
supplement or amendment thereto, and approves the distribution of such Preliminary Official
Statement and Official Statement in the offer and sale of the Bonds and in the reoffering of the
Bonds by the Underwriters, with such changes therein or additions thereto as the officials
executing same may deem advisable, such determination to be conclusively evidenced by their
execution thereof. The Mayor is hereby authorized and directed to execute, and the City
Secretary is hereby authorized and directed to attest, the final Official Statement. The
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Authorized Representatives are hereby authorized to deem the Preliminary Official Statement
-12 of the Securities Exchange Commission at such time as
such document omits no more than the information permitted by Subsection (b)(1) of Rule 15c2-
12.
Section 7.4.: Application of Proceeds of Bonds. Proceeds from the sale of the Bonds
shall, promptly upon receipt by the City, be applied as follows:
(a)A portion of the proceeds shall be applied to pay expenses arising in connection
with the issuance of the Bonds and the refunding of the Refunded Obligations;
(b)A portion of the proceeds shall be used to establish an escrow fund to refund the
Refunded Obligations, as more fully provided in the Escrow Agreement; and
(c)any remaining proceeds shall be transferred to the Debt Service Fund.
Section 7.5.:Covenants to Maintain Tax Exemption.
(a)Definitions. When used in this Section, the following terms have the
following meanings:
if any, effective on or before the Issue Date.
1.148-1(b) of the
Regulations.
meaning stated in section 1.148-1(b) of the Regulations.
1.148-1(b) of the Regulations.
on which such obligations of the City are first delivered against payment therefor.
-1(b) of the
Regulations.
1.148-1(b) of the Regulations.
tion 1.148-3 of the Regulations.
the Series 2016 Bonds issued pursuant to sections 141 through 150 of the Code. Any
reference to a section of the Regulations shall also refer to any successor provision to
such section hereafter promulgated by the Internal Revenue Service pursuant to
sections 141 through 150 of the Code and applicable to the Bonds.
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(1)any Investment shall be computed in accordance with
section 1.148-5 of the Regulations, and
(2)the Bonds shall be computed in accordance with section 1.148-4 of
the Regulations.
(b)Not to Cause Interest to Become Taxable. The City shall not use, permit
the use of or omit to use Gross Proceeds or any other amounts (or any property the
acquisition, construction or improvement of which is to be financed directly or indirectly
with Gross Proceeds) in a manner which, if made or omitted, respectively, would cause
the interest on any Bonds to become includable in the gross income, as defined in
section 61 of the Code, of the owner thereof for federal income tax purposes. Without
limiting the generality of the foregoing, unless and until the City shall have received a
written opinion of counsel nationally recognized in the field of municipal bond law to the
effect that failure to comply with such covenant will not adversely affect the exemption
from federal income tax of the interest on any Bond, the City shall comply with each of
the specific covenants in this Section.
(c)No Private Use or Private Payments. Except as permitted by section 141
of the Code and the regulations and rulings thereunder, the City shall, at all times prior to
the last stated maturity of the Bonds,
(1)exclusively own, operate, and possess all property the acquisition,
construction, or improvement of which is to be financed or refinanced directly or
indirectly with Gross Proceeds of the Bonds (including property financed or
refinanced with Gross Proceeds of the Refunded Bonds) and not use or permit the
use of such Gross Proceeds or any property acquired, constructed, or improved
with such Gross Proceeds in any activity carried on by any person or entity other
than a state or local government, unless such use is solely as a member of the
general public, or
(2)not directly or indirectly impose or accept any charge or other
payment for use of Gross Proceeds of the Bonds or any property the acquisition,
construction or improvement of which is to be financed or refinanced directly or
indirectly with such Gross Proceeds (including property financed or refinanced
with Gross Proceeds of the Refunded Bonds) other than taxes of general
application and interest earned on investments acquired with such Gross Proceeds
pending application for their intended purposes.
(d)No Private Loan. Except to the extent permitted by section 141 of the
Code and the regulations and rulings thereunder, the City shall not use Gross Proceeds of
the Bonds to make or finance loans to any person or entity other than a state or local
government. For purposes of the foregoing covenant, Gross Proceeds are considered to
property acquired, constructed or improved with
Gross Proceeds (including property financed or refinanced with Gross Proceeds of the
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Refunded Bonds) is sold or leased to such person or entity in a transaction which creates
a debt for federal income tax purposes, (2) capacity in or service from such property is
committed to such person or entity under a take-or-pay, output, or similar contract or
arrangement, or (3) indirect benefits, or burdens and benefits of ownership, of such Gross
Proceeds or such property are otherwise transferred in a transaction which is the
economic equivalent of a loan.
(e)Not to Invest at Higher Yield. Except to the extent permitted by
section 148 of the Code and the regulations and rulings thereunder, the City shall not, at
any time prior to the earlier of the final stated maturity or final payment of the Bonds,
directly or indirectly invest Gross Proceeds of such Bonds in any Investment (or use such
Gross Proceeds to replace money so invested), if as a result of such investment the Yield
of all Investments allocated to such Gross Proceeds whether then held or previously
disposed of, exceeds the Yield on the Bonds.
(f)Not Federally Guaranteed. Except to the extent permitted by
section 149(b) of the Code and the regulations and rulings thereunder, the City shall not
take or omit to take any action which would cause the Bonds to be federally guaranteed
within the meaning of section 149(b) of the Code and the regulations and rulings
thereunder.
(g)Information Report. The City shall timely file with the Secretary of the
Treasury the information required by section 149I of the Code with respect to the Bonds
on such forms and in such place as such Secretary may prescribe.
(h)Payment of Rebate Amount. Except to the extent otherwise provided in
section 148(f) of the Code and the regulations and rulings thereunder, the City shall:
(1)account for all Gross Proceeds (including all receipts, expenditures
and investments thereof) on its books of account separately and apart from all
other funds (and receipts, expenditures and investments thereof) and shall retain
all records of such accounting for at least six years after the final Computation
Date. The City may, however, to the extent permitted by law, commingle Gross
Proceeds of the Bonds with other money of the City, provided that the City
separately accounts for each receipt and expenditure of such Gross Proceeds and
the obligations acquired therewith,
(2)calculate the Rebate Amount with respect to the Bonds, not less
frequently than each Computation Date, in accordance with rules set forth in
section 148(f) of the Code, section 1.148-3 of the Regulations, and the rulings
thereunder. The City shall maintain a copy of such calculations for at least six
years after the final Computation Date,
(3)as additional consideration for the purchase of the Bonds by the
initial purchaser thereof and the loan of the money represented thereby, and in
order to induce such purchase by measures designed to ensure the excludability of
the interest thereon from the gross income of the owners thereof for federal
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HOU:3622910.1
income tax purposes, pay to the United States the amount described in
paragraph (2) above at the times, in the installments, to the place, in the manner
and accompanied by such forms or other information as is or may be required by
section 148(f) of the Code and the regulations and rulings thereunder, and
(4)exercise reasonable diligence to assure that no errors are made in
the calculations and payments required by paragraphs (2) and (3), and, if such
error is made, to discover and promptly correct such error within a reasonable
amount of time thereafter (and in all events within one hundred eighty (180) days
after discovery of the error), including payment to the United States of any
additional Rebate Amount owed to it, interest thereon and any penalty required by
the Regulations.
(i)Not to Divert Arbitrage Profits. Except to the extent permitted by
section 148 of the Code and the regulations and rulings thereunder, the City shall not, at
any time prior to the earlier of the final stated maturity or final payment of the Bonds,
enter into any transaction that reduces the amount required to be paid to the United States
pursuant to Subsection (h) of this Section because such transaction results in a smaller
and had the Yield of the Bonds, not been relevant to either party.
(j)Not Hedge Bonds. The City did not invest more than 50 percent of the
Proceeds of the original bonds refunded by the Bonds in Nonpurpose Investments having
a guaranteed yield for four years or more. On the Issue Date of each series of the original
bonds refunded by the Bonds, the City reasonably expected that at least 85 percent of the
spendable proceeds of such bonds would be used to carry out the governmental purpose
of such bonds within three years after the respective Issue Date of such bonds.
Section 7.6.: Qualified Tax-Exempt Obligations. The City has determined that the
-
Section 265(b)(3) of the Code. With respect to such designation, the City represents the
following: (i) the Bonds are a current refunding of the Refunded Obligations, (ii) the Refunded
-
maturity of the Bonds shall not exceed the remaining weighted average maturity of the Refunded
Obligations, (iv) the amount of the Bonds does not exceed $10,000,000, and (v) the maturity date
-exempt
Section 7.7.: Defeasance of Refunded Obligations. The discharge and defeasance of the
Refunded Obligations may be effectuated pursuant to the terms and provisions of an escrow
agreement, a deposit agreement or a similar agreement, a letter of instructions or any other
instrument relating to the safekeeping, investment, administration and disposition of moneys
deposited to effect the defeasance of the Refunded Obligations in such form and subject to such
terms and conditions as the Pricing Officer determines may be necessary or convenient to carry
out the intent and purpose of this Order. The Mayor is hereby authorized to execute and deliver
such Escrow Agreement on behalf of the City in multiple counterparts and the City Secretary is
hereby authorized t
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Section 7.8.: Redemption Prior to Maturity of Refunded Obligations. To minimize the
Obligations shall be called for redemption prior to maturity in the amounts, at the dates and at the
Representatives are hereby authorized and directed to take all necessary and appropriate action to
give or cause to be given a notice of redemption and/or a notice of defeasance to the holders or
paying agent/ registrars, as appropriate, of such obligations, and, if required, to publish such
notices, all in the manner required by the documents authorizing the issuance of such Refunded
Obligations.
Section 7.9.: Purchase of Securities. The Authorized Representatives and the Escrow
Agent are hereby authorized (a) to subscribe for, agree to purchase, and purchase securities that
are permitted investments for a defeasance escrow established to defease the Refunded
Obligations, and to execute any and all subscriptions, purchase agreements, commitments, letters
of authorization and other documents necessary to effectuate the foregoing, and any actions
heretofore taken for such purpose are hereby ratified and approved, and (b) to direct and provide
for such contributions to the escrow fund as are provided in the Escrow Agreement and the
Report.
Section 7.10.: Related Matters. In order that the City shall satisfy in a timely manner all
of its obligations under this Ordinance, the Mayor, City Secretary and all other appropriate
officers, agents, representatives and employees of the City are hereby authorized and directed to
take all other actions that are reasonably necessary to provide for the issuance and delivery of the
Bonds, including, without limitation, executing and delivering on behalf of the City all
certificates, consents, receipts, requests, notices, and other documents as may be reasonably
application of funds of the City consistent with the provisions of this Ordinance.
ARTICLE VIII.
CONTINUING DISCLOSURE UNDERTAKING
Section 8.1.: Annual Reports. The City shall provide annually to the MSRB in an
electronic format prescribed by the MSRB, within six months after the end of each fiscal year,
financial information and operating data with respect to the City of the general type included in
the final Official Statement authorized by Section 7.3 of this Ordinance, being the financial
information and operating data described in the Offic
statements so to be provided shall be (1) prepared in accordance with the accounting principles
described in Appendix B to the Official Statement and (2) audited, if the City commissions an
audit of such statements and the audit is completed within the period during which they must be
provided. If audited financial statements are not so provided, then the City shall provide audited
financial statements for the applicable fiscal year to the MSRB, when and if audited financial
statements become available.
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HOU:3622910.1
If the City changes its fiscal year, it will notify the MSRB of the change (and of the date
of the new fiscal year end) prior to the next date by which the City otherwise would be required
to provide financial information and operating data pursuant to this Section.
The financial information and operating data to be provided pursuant to this Section may
be set forth in full in one or more documents or may be included by specific reference to any
document (including an official statement or other offering document, if it is available from the
MSRB) that theretofore has been provided to the MSRB or filed with the SEC.
Section 8.2.: Certain Event Notices. The City shall notify the MSRB, in a timely manner
not to exceed ten (10) business days, of any of the following events with respect to the Bonds or
the City:
(a)Principal and interest payment delinquencies;
(b)Non-payment related defaults, if material;
(c)Unscheduled draws on debt service reserves reflecting financial difficulties;
(d)Unscheduled draws on credit enhancements reflecting financial difficulties;
(e)Substitution of credit or liquidity providers, or their failure to perform;
(f)Adverse tax opinions, the issuance by the Internal Revenue Service of proposed
or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-
TEB) or other material notices or determinations with respect to the tax status of
the Bonds, or other material events affecting the tax status of the Bonds;
(g)Modifications to rights of holders of the Bonds, if material;
(h)Bond calls, if material, and tender offers;
(i)Defeasances;
(j)Release, substitution, or sale of property securing repayment of the Bonds, if
material;
(k)Rating changes;
(l)Bankruptcy, insolvency, receivership or similar event of the City;
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HOU:3622910.1
(m)The consummation of a merger, consolidation, or acquisition involving the City
or the sale of all or substantially all of the assets of the City other than in the
ordinary course of business, the entry into a definitive agreement to undertake
such an action or the termination of a definitive agreement relating to any such
actions, other than pursuant to its terms, if material; and
(n)Appointment of a successor or additional Paying Agent/Registrar or the change of
name of Paying Agent/Registrar, if material.
proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law
in which a court or governmental authority has assumed jurisdiction over substantially all of the
assets or business of the City, or if jurisdiction has been assumed by leaving Council and
officials or officers of the City in possession but subject to the supervision and orders of a court
or governmental authority, or the entry of an order confirming a plan of reorganization,
arrangement or liquidation by a court or governmental authority having supervision or
jurisdiction over substantially all of the assets or business of the City.
The City shall notify the MSRB in an electronic format prescribed by the MSRB, in a
timely manner, of any failure by the City to provide financial information or operating data in
accordance with Section 8.1 of this Ordinance by the time required by such Section.
Section 8.3.: Limitations, Disclaimers and Amendments. The City shall be obligated to
observe and perform the covenants specified in this Article for so long as, but only for so long as,
except that the City in any event will give the notice required by Section 8.2 of any Bond calls
and defe
The provisions of this Article are for the sole benefit of the holders and beneficial owners
of the Bonds, and nothing in this Article, express or implied, shall give any benefit or any legal
or equitable right, remedy, or claim hereunder to any other person. The City undertakes to
provide only the financial information, operating data, financial statements, and notices which it
has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide
financial results, condition, or prospects or hereby undertake to update any information provided
in accordance with this Article or otherwise, except as expressly provided herein. The City does
not make any representation or warranty concerning such information or its usefulness to a
decision to invest in or sell Bonds at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER
OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR
TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY
THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY
COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF
ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH
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BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
No default by the City in observing or performing its obligations under this Article shall
constitute a breach of or default under the Ordinance for purposes of any other provision of this
Ordinance.
Nothing in this Article is intended or shall act to disclaim, waive, or otherwise limit the
duties of the City under federal and state securities laws.
The provisions of this Article may be amended by the City from time to time to adapt the
changed circumstances that arise from a change in legal requirements, a change in law, or a
change in the identity, nature, status, or type of operations of the City, but only if (1) the
provisions of this Article, as so amended, would have permitted an underwriter to purchase or
sell the Bonds in the primary offering of the Bonds in compliance with the Rule, taking into
account any amendments or interpretations of the Rule to the date of such amendment, as well as
such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal
amount (or any greater amount required by any other provision of this Ordinance that authorizes
such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is
unaffiliated with the City (such as nationally recognized bond counsel) determines that such
amendment will not materially impair the interests of the holder and beneficial owners of the
Bonds. If the City so amends the provisions of this Article, it shall include with any amended
financial information or operating data next provided in accordance with Section 8.1 an
explanation, in narrative form, of the reasons for the amendment and of the impact of any change
in the type of financial information or operating data so provided. The City may also amend or
repeal the provisions of this Article if the SEC amends or repeals the applicable provisions of the
Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid,
and the City also may amend the provisions of this Article in its discretion in any other manner
or circumstance, but in either case only if and to the extent that the provisions of this sentence
would not have prevented an underwriter from lawfully purchasing or selling Bonds in the
primary offering of the Bonds.
Section 8.4.: Definitions. As used in this Article, the following terms have the meanings
ascribed to such terms below:
-12, as amended from time to time.
ARTICLE IX.
MISCELLANEOUS
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HOU:3622910.1
Section 9.1.: Defeasance. The City may defease the provisions of this Ordinance and
discharge its obligations to the Registered Owners of any or all of the Bonds to pay the principal
of and interest thereon in any manner now or hereafter permitted by law, including by depositing
with the Paying Agent/Registrar or with the Comptroller either:
(a)cash in an amount equal to the principal amount of such Bonds plus interest
thereon to the date of maturity or redemption; or
(b)pursuant to an escrow or trust agreement, cash and/or (i) direct noncallable
obligations of United States of America, including obligations that are
unconditionally guaranteed by the United States of America; (ii) noncallable
obligations of an agency or instrumentality of the United States, including
obligations that are unconditionally guaranteed or insured by the agency or
instrumentality and that are rated as to investment quality by a nationally
recognized investment rating firm not less than AAA or its equivalent; or (iii)
noncallable obligations of a state or an agency or a county, municipality, or other
political subdivision of a state that have been refunded and that are rated as to
investment quality by a nationally recognized investment rating firm not less than
AAA or its equivalent, which, in the case of (i), (ii) or (iii), may be in book-entry
form, and the principal of and interest on which will, when due or redeemable at
the option of the holder, without further investment or reinvestment of either the
principal amount thereof or the interest earnings thereon, provide money in an
amount which, together with other moneys, if any, held in such escrow at the
same time and available for such purpose, shall be sufficient to provide for the
timely payment of the principal of and interest thereon to the date of maturity or
earlier redemption;
provided, however, that if any of the Bonds are to be redeemed prior to their respective dates of
maturity, provision shall have been made for giving notice of redemption as provided in this
Ordinance. Upon such deposit, such Bonds shall no longer be regarded to be Outstanding or
unpaid. Any surplus amounts not required to accomplish such defeasance shall be returned to
the City.
Section 9.2.: Application of Chapter 1208, Government Code. Chapter 1208,
Government Code, applies to the issuance of the Bonds and the pledge of the taxes granted by
the City under Section 5.1 of this Ordinance, and such pledge is therefore valid, effective and
perfected. If Texas law is amended at any time while the Bonds are outstanding and unpaid such
that the pledge of the taxes granted by the City under Section 5.1 of this Ordinance is to be
subject to the filing requirements of Chapter 9, Business & Commerce Code, then in order to
preserve to the Registered Owners of the Bonds the perfection of the security interest in said
pledge, the City agrees to take such measures as it determines are reasonable and necessary
under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce
Code and enable a filing to perfect the security interest in said pledge to occur.
Section 9.3.: Ordinance a Contract Amendments. This Ordinance shall constitute a
contract with the Registered Owners from time to time, be binding on the City, and shall not be
amended or repealed by the City so long as any Bond remains Outstanding except as permitted
22
HOU:3622910.1
in this Section. The City may, without the consent of or notice to any Registered Owners,
from time to time and at any time, amend this Ordinance in any manner not detrimental to the
interests of the Registered Owners, including the curing of any ambiguity, inconsistency, or
formal defect or omission herein. In addition, the City may, with the consent of Registered
Owners who own in the aggregate 51% of the principal amount of the Bond then Outstanding,
amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the
consent of all Registered Owners of Outstanding Bonds, no such amendment, addition, or
rescission shall (i) extend the time or times of payment of the principal of and interest on the
Bonds, reduce the principal amount thereof, the redemption price, or the rate of interest
thereon, or in any other way modify the terms of payment of the principal of or interest on the
Bonds, (ii) give any preference to any Bond over any other Bond, or (iii) reduce the aggregate
principal amount of Bonds required to be held by Registered Owners for consent to any such
amendment, addition, or rescission.
Section 9.4.: Legal Holidays. In any case where the date interest accrues and becomes
payable on the Bonds or principal of the Bonds matures or the date fixed for redemption of any
Bonds or a Record Date shall be in the City a Saturday, Sunday, legal holiday or a day on which
banking institutions are authorized by law to close, then payment of interest or principal need not
be made on such date, or the Record Date shall not occur on such date, but payment may be
made or the Record Date shall occur on the next succeeding day which is not in the City a
Saturday, Sunday, legal holiday or a day on which banking institutions are authorized by law to
close with the same force and effect as if (i) made on the date of maturity or the date fixed for
redemption and no interest shall accrue for the period from the date of maturity or redemption to
the date of actual payment or (ii) the Record Date had occurred on the fifteenth day of that
calendar month.
Section 9.5.: No Recourse Against City Officials. No recourse shall be had for the
payment of principal of or interest on any Bonds or for any claim based thereon or on this
Ordinance against any official of the City or any person executing any Bonds.
Section 9.6.: Power to Revise Form of Documents. Notwithstanding any other
provision of this Ordinance, the Mayor is hereby authorized to make or approve such revisions,
additions, deletions, and variations to this Ordinance and in the form of the documents attached
hereto as exhibits as, in the judgment of the Mayor, and in the opinion of Bond Counsel to the
City, may be necessary or convenient to carry out or assist in carrying out the purposes of this
Ordinance, or as may be required for approval of the Bonds by the Attorney General of Texas;
provided, however, that any changes to such documents resulting in substantive amendments to
the terms and conditions of the Bonds or such documents shall be subject to the prior approval of
the City Council.
Section 9.7.: Further Proceedings. The Mayor, City Secretary and other appropriate
officials of the City are hereby authorized and directed to do any and all things necessary and/or
convenient to carry out the terms of this Ordinance.
Section 9.8.: Severability. If any Section, paragraph, clause or provision of this
Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or
23
HOU:3622910.1
unenforceability of such Section, paragraph, clause or provision shall not affect any of the
remaining provisions of this Ordinance.
Section 9.9.: Open Meeting. It is hereby found, determined and declared that a sufficient
written notice of the date, hour, place and subject of the meeting of the City Council at which
this Ordinance was adopted was posted at a place convenient and readily accessible at all times
to the general public at City Hall 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 9.10.: Repealer. All orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 9.11.: Effective Date. This Ordinance shall be in force and effect from and after
its passage on the date shown below.
\[The remainder of this page is intentionally left blank.\]
24
HOU:3622910.1
PASSED AND ADOPTED this January 25, 2016.
CITY OF LA PORTE, TEXAS
Mayor
ATTEST:
City Secretary
(SEAL)
Schedules and Exhibits:
Schedule 1 Schedule of Refunding Candidates
Exhibit A
S-1
HOU:3622910.1
SCHEDULE 1
SCHEDULE OF REFUNDING CANDIDATES
Certificates of Obligation, Series 2007
SCHEDULE 1 - Page 1
HOU:3622910.1
EXHIBIT A
FORM OF
CITY OF LA PORTE, TEXAS,
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016
the \[City Manager and Finance Director\] of the City of La Porte, Texas (t
the authorization contained in an ordinance of the City Council, acting as the governing body of
captioned series of bonds and delegating to the undersigned the authority to agree to and
stipulate certain terms and provisions thereof, all of which are set forth herein.
assigned to them in the Ordinance.
1. Principal Amount, Maturity Amount, Numbers, Interest Rates and Maturities.
The Bonds shall be dated ____________, 2016, but shall bear interest from the
Issuance Date. The Bonds shall be issued in the total authorized principal amount
of $_____________ \[consisting of $________ issued as serial bonds and
The Bonds shall mature on March 15 in each of the years and in the amounts set
out in the following schedule:
Bond
Number Maturity Principal Amount Interest Rate
2. Redemption.
(a) Optional. The Bonds maturing on and after March 15, 20__ are subject to
optional redemption, in whole or, from time to time, in part on any date on
or after March 15, 20__ at a redemption price of par plus accrued interest.
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HOU:3622910.1
(b) Mandatory. The Bonds maturing in the year _____ will be issued as term
bonds and shall be subject to the following mandatory redemption
requirements:
TERM BONDS MATURING MARCH 15, ____
Mandatory
Redemption Date Principal Redemption
(March 15) Amount Price
100%
100
100
100
To the extent that such Term Bonds have been previously called for
redemption or purchased and retired in part and otherwise than from
scheduled mandatory redemption payments, future mandatory redemption
payments may be reduced by the principal amount of such Term Bonds so
redeemed or purchased.
In lieu of mandatorily redeeming the Term Bonds, the City reserves the
right to purchase for cancellation Term Bonds of the same maturity at a
price no greater than the applicable redemption price of such Term Bonds.
The Paying Agent/Registrar will select by lot the specific Term Bonds (or
with respect to Term Bonds having a denomination in excess of $5,000,
each $5,000 portion thereof) to be redeemed by mandatory redemption.
The principal amount of Term Bonds required to be redeemed on any
redemption date pursuant to the foregoing mandatory redemption
provisions shall be reduced, at the option of the City, by the principal
amount of any Bonds having the same maturity which have been
purchased or redeemed by the City as follows, at least 45 days prior to the
mandatory redemption date:
(i) if the City directs the Paying Agent to purchase Bonds with money
in the debt service fund for the Bonds (at a price not greater than
par plus accrued interest to the date of purchase), then a credit of
100% of the principal amount of such Bonds purchased will be
made against the next mandatory redemption installment due, or
(ii) if the City purchases or redeems Bonds with other available
moneys, then the principal amount of such Bonds will be credited
against future mandatory redemption installments in any order, and
in any annual amount, that the City may direct.
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HOU:3622910.1
3. Purchase Price. The sale of the Bonds is authorized pursuant to the form of Bond
Purchase Agreement approved in the Ordinance at the following price:
PRINCIPAL AMOUNT $_____________
\[Plus/Less\] Original Issue \[Premium/Discount\] _____________
PURCHASE PRICE $_____________
It is hereby found and declared that the sale of the Bonds pursuant to the Bond
Purchase Agreement at such price is on the best terms and at the best prices
reasonably obtainable by the City.
5. Escrow Agreement and Deposit. The Escrow Agreement attached as Attachment
A hereto is hereby approved. Pursuant to Sections 7.6 and 7.8 of the Ordinance,
$______________ from the proceeds of the Bonds shall be deposited into the
Escrow Fund created pursuant to the Escrow Agreement and applied to purchase
the escrowed securities.
6. Form of Bond. Pursuant to Article IV of the Ordinance, the Form of Bond as set
forth in Attachment B hereto is hereby approved and supersedes the Form of
Bond set forth in the Ordinance.
7. The Refunded Obligations shall be those bonds identified in Attachment C hereto.
8. Pursuant to Section 8.1 of the Ordinance, the City shall provide annually to the
MSRB, (A) within six months after the end of each fiscal year of the City,
financial information and operating data with respect to the City of the general
type included in the final Official Statement, being the financial information and
operating data described in the Official Statement in Appendix A (Tables 1 and 3-
11), and (B) if not provided as part such financial information and operating data,
audited financial statements of the City, when and if available.
9. Pursuant to Section 3.4 of the Ordinance, we hereby further find and determine
that:
a. The net effective interest rate on the Bonds does not exceed 4.00%;
b. The aggregate principal amount of the Bonds does not exceed the
maximum amount authorized in Section 3.1 of the Ordinance and, when
added to any net premium, is equal to an amount sufficient to provide for
the costs and expenses of refunding the Refunded Obligations and the
c. The net present value savings to the City is at least 7.00% of the principal
amount of the Refunded Obligations, as shown on Attachment D hereto;
and
d. The final maturity date of the Bonds does not exceed March 15, 2029.
A-3
HOU:3622910.1
10. The undersigned hereby find, determine and declare, that in accordance with the
requ
and satisfies the terms and provisions of the Ordinance in accordance with the
delegation contained therein.
<EXECUTION PAGE FOLLOWS>
A-4
HOU:3622910.1
WITNESS MY HAND this __________________, 2016.
\[City Manager\]
City or La Porte, Texas
\[Finance Director\]
City or La Porte, Texas
A-5
HOU:3622910.1
ESCROW AGREEMENT
A-6
HOU:3622910.1
FORM OF BOND
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF LA PORTE, TEXAS
GENERAL OBLIGATION REFUNDING BOND, SERIES 2016
NUMBER DENOMINATION
1
R-__ $______________
REGISTERED REGISTERED
222
INTEREST RATE: ISSUANCE DATE: MATURITY DATE: CUSIP:
March 15, ____
DATED DATE:
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
THE CITY OF LA PORTE, TEXAS, a home rule municipality of the State of Texas (the
its registered assigns, on the maturity date specified above (or on earlier redemption as herein
provided), upon presentation and surrender of this Bond at the principal payment office of
principal amount identified above (or so much thereof as shall not have been paid or deemed to
have been paid upon prior redemption) payable in any coin or currency of the United States of
America which on the date of payment of such principal is legal tender for the payment of debts
due to the United States of America, and to pay interest thereon at the rate shown above,
calculated on a basis of a 360-day year composed of twelve 30-day months, from the later of the
Issuance Date identified above or the most recent interest payment date to which interest has
34
been paid or duly provided for. Interest on this Bond is payable on _________, 20__, and each
1
Initial Bond shall be numbered T-1.
2
Omitted from initial Bond.
3
The first sentence of the initial Bond shall read as follows:
received, hereby promises to pay to the Registered Owner identified above or its registered assigns, on March 15 of
each of the years and in the principal amounts set forth in the following schedule: \[Insert information regarding
e\] upon presentation and
surrender of this Bond at the principal payment office of ___________________________________________, or
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HOU:3622910.1
March 15 and September 15 thereafter until maturity or earlier redemption of this Bond, by
check sent by United States mail, first class, postage prepaid, by the Paying Agent/Registrar to
the Registered Owner of record as of the close of business on the last business day of the
calendar month immediately preceding the applicable interest payment date, as shown on the
registration books kept by the Paying Agent/Registrar. Any accrued interest payable at maturity
or earlier redemption shall be paid upon presentation and surrender of this Bond at the office of
the Paying Agent/Registrar.
THIS BOND IS ONE OF A DULY AUTHORIZED SERIES OF BONDS (the
4
in the aggregate principal amount of $_________issued pursuant to an ordinance adopted by
funds to refund certain outstanding obligations of the Ci
and pursuant to the authority of Chapter 1207, Texas Government Code, as amended, and the
Bonds and refunding the Refunded Obligations.
THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit
under the Ordinance unless this Bond is authenticated by the Paying Agent/Registrar by due
5
execution of the authentication certificate endorsed hereon.
THE CITY RESERVES THE RIGHT, at its option, to redeem, prior to their maturity,
44
Bonds maturing on and after March 15, 20__, in whole or in part, on March 15, 20__, or any
date thereafter, at par plus accrued interest to the date fixed for redemption.
4
THE BONDS maturing on March 15, 20__ (the "Term Bonds") are subject to mandatory
sinking fund redemption in the following amounts (subject to reduction as hereinafter provided),
on the following dates, in each case at a redemption price equal to the principal amount of the
Bonds or the portions thereof so called for redemption plus accrued interest to the date fixed for
redemption:
Mandatory Redemption Dates Principal Amounts
Term Bonds Maturing March 15, 20__4
on the date of payment of such principal is legal tender for the payment of debts due to the United States of
America, and to pay interest thereon at the rate shown above, calculated on a basis of a 360-day year composed of
twelve 30-day months, from the later of the Issuance Date identified above or the most recent interest payment date
to which interest has been paid or duly provided for.
4
5
In the initial Bond, this paragraph shall read:
THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit under the
Ordinance unless this Bond is registered by the Comptroller of Public Accounts of the State of Texas by due
execution of the registration certificate endorsed hereon
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HOU:3622910.1
THE PARTICULAR TERM BONDS to be redeemed shall be selected by the Registrar
by lot or other customary random selection method, on or before February 1 of each year in
which Term Bonds are to be mandatorily redeemed. The principal amount of Term Bonds to be
mandatorily redeemed in each year shall be reduced by the principal amount of such Term Bonds
that have been optionally redeemed on or before February 1 of such year and which have not
been made the basis for a previous reduction.
BONDS MAY BE REDEEMED IN PART only in integral multiples of $5,000. If a
Bond subject to redemption is in a denomination larger than $5,000, a portion of such Bond may
be redeemed, but only in integral multiples of $5,000. In selecting portions of Bonds for
redemption, each Bond shall be treated as representing that number of Bonds of $5,000
denomination which is obtained by dividing the principal amount of such Bond by $5,000. Upon
surrender of any Bond for redemption in part, the Paying Agent/Registrar, in accordance with the
provisions of the Ordinance, shall authenticate and deliver in exchange therefor a Bond or Bonds
of like maturity and interest rate in an aggregate principal amount equal to the unredeemed
portion of the Bond so surrendered.
NOTICE OF ANY SUCH REDEMPTION, identifying the Bonds or portions thereof to
be redeemed, shall be sent by United States mail, first class, postage prepaid, to the Registered
Owners thereof at their addresses as shown on the books of registration kept by the Paying
Agent/Registrar, not less than thirty (30) days before the date fixed for such redemption. By the
date fixed for redemption, due provision shall be made with the Paying Agent/Registrar for the
payment of the redemption price of the Bonds called for redemption. If such notice of
redemption is given, and if due provision for such payment is made, all as provided above, the
Bonds which are to be so redeemed thereby automatically shall be redeemed prior to their
scheduled maturities, they shall not bear interest after the date fixed for redemption, and they
shall not be regarded as being outstanding except for the purpose of being paid with the funds so
provided for such payment.
THIS BOND IS TRANSFERABLE only upon presentation and surrender at the office of
the Paying Agent/Registrar, accompanied by an assignment duly executed by the Registered
Owner or its authorized representative, subject to the terms and conditions of the Ordinance.
THIS BOND IS EXCHANGEABLE at the office of the Paying Agent/Registrar for a
Bond or Bonds of the same maturity and interest rate and in the principal amount of $5,000 or
any integral multiple thereof, subject to the terms and conditions of the Ordinance.
THE PAYING AGENT/REGISTRAR is not required to accept for transfer or exchange
any Bond called for redemption, in whole or in part, during the forty-five (45) day period
immediately prior to the date fixed for redemption; provided, however, that such limitation shall
not apply to the transfer or exchange by the Registered Owner of an unredeemed portion of a
Bond called for redemption in part.
THE CITY OR PAYING AGENT/REGISTRAR may require the Registered Owner of
any Bond to pay a sum sufficient to cover any tax or other governmental charge that may be
A-9
HOU:3622910.1
imposed in connection with the transfer or exchange of a Bond. Any fee or charge of the Paying
Agent/Registrar for a transfer or exchange shall be paid by the City.
THE REGISTERED OWNER of this Bond by acceptance hereof, acknowledges and
agrees to be bound by all the terms and conditions of the Ordinance.
IT IS HEREBY DECLARED AND REPRESENTED that this Bond has been duly and
validly issued and delivered; that all acts, conditions and things required or proper to be
performed, exist and to be done precedent to or in the issuance and delivery of this Bond have
been performed, exist and have been done in accordance with law; that the Bonds do not exceed
any constitutional or statutory limitation; and that annual ad valorem taxes sufficient to provide
for the payment of the interest on and principal of this Bond, as such interest comes due and such
principal matures, have been levied and ordered to be levied, within the limits prescribed by law,
against all taxable property in the City and have been irrevocably pledged for such payment.
REFERENCE IS HEREBY MADE TO THE ORDINANCE, a copy of which is filed
with the Paying Agent/Registrar, for the full provisions thereof, to all of which the Registered
Owners of the Bonds assent by acceptance of the Bonds.
* * * *
IN WITNESS WHEREOF, the City has caused its corporate seal to be impressed or
placed in facsimile hereon and this Bond to be signed by the Mayor and countersigned by the
City Secretary by their manual, lithographed or printed facsimile signatures.
CITY OF LA PORTE, TEXAS
Mayor
(SEAL)
COUNTERSIGNED:
City Secretary
* * * *
to each of the Bonds initially delivered:
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HOU:3622910.1
OFFICE OF THE COMPTROLLER §
OF PUBLIC ACCOUNTS § REGISTER NO._______________
THE STATE OF TEXAS §
I hereby certify that this bond has been examined, certified as to validity and approved by
the Attorney General of the State of Texas, and that this bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
WITNESS MY SIGNATURE AND SEAL OF OFFICE this ________________.
Comptroller of Public Accounts
(SEAL) of the State of Texas
* * * *
FORM OF PAYING
The following form of authentication certificate shall be printed on the face of each of the
Bonds other than those initially delivered:
AUTHENTICATION CERTIFICATE
This Bond is one of the Bonds described in and delivered pursuant to the within-
mentioned Ordinance; and, except for the Bonds initially delivered, this Bond has been issued in
exchange for or replacement of a Bond, Bonds, or a portion of a Bond or Bonds of an issue
which originally was approved by the Attorney General of the State of Texas and registered by
the Comptroller of Public Accounts of the State of Texas.
\[________________________________________\],
as Paying Agent/Registrar
By:
Authorized Signature:
Date of Authentication:
* * * *
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HOU:3622910.1
FORM OF ASSIGNMENT
The following form of assignment shall be printed on the back of each of the Bonds:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
______________________________________________________________________________
(Please print or type name, address, and zip code of Transferee)
______________________________________________________________________________
(Please insert Social Security or Taxpayer Identification Number of Transferee)
the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints
_______________________________________ attorney to transfer such bond on the books
kept for registration thereof, with full power of substitution in the premises.
DATED:
Signature Guaranteed:
Registered Owner
NOTICE: The signature above must
correspond to the name of the Registered
Owner as shown on the face of this bond in
NOTICE: Signature must be guaranteed by a every particular, without any alteration,
member firm of the New York Stock Exchange enlargement or change whatsoever.
or a commercial bank or trust company.
* * * *
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HOU:3622910.1
ATTACH
DESCRIPTION OF REFUNDED OBLIGATIONS
HOU:3622910.1
PRESENT VALUE SAVINGS CALCULATION
HOU:3622910.1
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
January 25, 2016January 25, 2016AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
General FundGeneral Fund
Rosalyn EptingRosalyn EptingSource of Funds:Source of Funds:
Requested By:Requested By:
001.8081.551.5007001.8081.551.5007
Parks & RecreationParks & RecreationAccount Number:Account Number:
Department:Department:
$230,000.00$230,000.00
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Amount
Other:
Requested:Requested:
AttachmentsAttachments : :
Budgeted Item:Budgeted Item:YESYESNONO
1. Lifeguard Services Bid Tabulation Lifeguard Services Bid Tabulation
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
During the Budget Workshop, Council discussed the budget for the lifeguarding contract at the City During the Budget Workshop, Council discussed the budget for the lifeguarding contract
at the City
Pools. Staff was instructed to determine how much it would cost to run all lifeguard operations in Pools. Staff was instructed to determine how much it would cost to run all lifeguard
operations in
house. Staff determined that the City could run lifeguard operations for a total of $230,000. Staff also house. Staff determined that the City could run lifeguard operations for a
total of $230,000. Staff also
reported that bids would still be advertised to determine if the services could be contracted out at a reported that bids would still be advertised to determine if the services could
be contracted out at a
lower amount. lower amount.
Staff went out to bid for the 2016 summer pool season lifeguard services. The City received bids from Staff went out to bid for the 2016 summer pool season lifeguard services. The
City received bids from
three companies. The lowest bidder is Pool Management Inc. (PMI) with a bid of $285,750. The bid three companies. The lowest bidder is Pool Management Inc. (PMI) with a bid of $285,750.
The bid
tabulation is attached as an exhibit. tabulation is attached as an exhibit.
If Council approves the bid, there would be an increase of $55,750 to the budget, which would require a If Council approves the bid, there would be an increase of $55,750 to the budget,
which would require a If Council approves the bid, there would be an increase of $55,750 to the budget, which would require a If Council approves the bid, there would be an increase
of $55,750 to the budget, which would require a
budget amendment. PMI offers some additional items in the bid that the City was not going to provide if budget amendment. PMI offers some additional items in the bid that the City
was not going to provide if
pools were run in house. Those items are programming of classes and additional marketing. PMI pools were run in house. Those items are programming of classes and additional marketing.
PMI
would have a full time Program Director that would offer a programming plan for the pools. Some of the would have a full time Program Director that would offer a programming plan for
the pools. Some of the
possible programs offered would be swimming lessons, aerobics, CPR & First Aid, kayak instruction, possible programs offered would be swimming lessons, aerobics, CPR & First Aid, kayak
instruction,
etc. PMI is willing to pay the City 75% of the net profit for all programming. The programs PMI offer etc. PMI is willing to pay the City 75% of the net profit for all programming.
The programs PMI offer
would be an added benefit to the community. Staff asked PMI what the savings would be if we removed would be an added benefit to the community. Staff asked PMI what the savings would
be if we removed
the services of the Program Director. PMIthe services of the Program Director. PMIs response was as follows, s response was as follows, The Program Director is an The Program Director
is an
integral person in our senior management team. Given the level of programs you may elect to have, this integral person in our senior management team. Given the level of programs you
may elect to have, this
individual is there to serve you. There is no extra cost to have them, nor is there a discount if you do not. individual is there to serve you. There is no extra cost to have them, nor
is there a discount if you do not.
Should your city elect to have PMI teach lessons for example, the regional Program Director is there to Should your city elect to have PMI teach lessons for example, the regional Program
Director is there to
assist.
There are pros and cons to running lifeguard services in house or contractually. Some of the main pros There are pros and cons to running lifeguard services in house or contractually.
Some of the main pros
and cons are listed below.and cons are listed below.
When lifeguards are all employees of the City, they are under complete control of the City in When lifeguards are all employees of the City, they are under complete control of the City
in
terms of scheduling and discipline. With contracted services the company controls all discipline, terms of scheduling and discipline. With contracted services the company controls
all discipline,
the City only tell the Company how many guards are required and at what time.the City only tell the Company how many guards are required and at what time.
The contractor provides the City a certificate of insurance and has liability coverage if something The contractor provides the City a certificate of insurance and has liability coverage
if something
were to occur. This provides one additional layer of liability protection.were to occur. This provides one additional layer of liability protection.
In House operations take a lot of time for training. This takes management staff away from other In House operations take a lot of time for training. This takes management staff away
from other
regular duties during the busiest season of the year. Not to mention, the HR Department time that regular duties during the busiest season of the year. Not to mention, the HR Department
time that
is required to process approximately 50 employees with background checks, drug screens, and is required to process approximately 50 employees with background checks, drug screens, and
orientations.orientations.
Retention of lifeguards in house is a recurring issue. With contracting out, the contractor usually Retention of lifeguards in house is a recurring issue. With contracting out, the
contractor usually
has a bigger lifeguard base and is able to fill shifts as summer begins to come to an end.has a bigger lifeguard base and is able to fill shifts as summer begins to come to an end.
If the City were to contract out, the Contractor would be providing classes that the City was not If the City were to contract out, the Contractor would be providing classes that the
City was not
providing. This would become and extra revenue stream and service to the community.providing. This would become and extra revenue stream and service to the community.
Action Required of Council:Action Required of Council:
1.Consider approval or other action of a contract with Pool Management Inc. and include the budget Consider approval or other action of a contract with Pool Management Inc. and include
the budget
increase of $55,750 in the upcoming budget amendment; or increase of $55,750 in the upcoming budget amendment; or
2.Direct staff to begin the recruitment process for lifeguard services to be managed in house.Direct staff to begin the recruitment process for lifeguard services to be managed in house.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
1.78 7.78
3.21.21.6
6
C
USA Management
$322,886.60
23.94
1.78 8.38
6.6
3.21.81.6
B
1.78 7.78
3.21.41.4
6
A
Final Evaluation Summary for RFP #16503 Lifeguards
6.48.4
3.21.61.6
2
C
$285,750.00
PMI
24.6
1.4
2.41.2
5 2 7
B
1.8 7.29.2
3.61.8
2
A
1.64 3.64
200 2
C
Aquatic Management
$349,172.00
1.64 4.249.52
2.6
2.40.2
0
B
1.64 1.64
0.8
00
A
Weight
40%20%20%20%
FINAL Results (including cost)
Sub Total (before Cost)
Ability to meet specifications
Qualifications & Experience
References
Criteria
Cost
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
January 25, 2016January 25, 2016AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Fund 051Fund 051
Traci LeachTraci LeachSource of Funds:Source of Funds:
Requested By:Requested By:
Account Number:Account Number:
AdministrationAdministration
Department:Department:
825,000825,000
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
$25,000$25,000
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1. Proposed Designs Proposed Designs
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
In the Fiscal 2016 budget, funding was included to address the repainting of two of the City's elevated In the Fiscal 2016 budget, funding was included to address the repainting of two
of the City's elevated
water tanks-- one at Fairmont Park and a second at 3rd and Main Street. The Fairmont tank will have the one at Fairmont Park and a second at 3rd and Main Street. The Fairmont tank
will have the
interior and exterior stripped and reinterior and exterior stripped and re--coated. The exterior only of the Main Street tank is scheduled for recoated. The exterior only of the Main
Street tank is scheduled for re-
painting.
As part of this project, the City intends to paint custom artwork on these tanks. The tanks have great As part of this project, the City intends to paint custom artwork on these tanks.
The tanks have great
visibility from major thoroughfares and offer an tremendous opportunity to continue to market and brand visibility from major thoroughfares and offer an tremendous opportunity to continue
to market and brand
the community as a familythe community as a family--oriented town.oriented town.
The project budget includes $25,000 for the exterior custom artwork. Staff has created a number of The project budget includes $25,000 for the exterior custom artwork. Staff has created
a number of
options for Council consideration. At this time, staff is requesting Council direction as to which, if any, of options for Council consideration. At this time, staff is requesting
Council direction as to which, if any, of options for Council consideration. At this time, staff is requesting Council direction as to which, if any, of options for Council consideration.
At this time, staff is requesting Council direction as to which, if any, of
the attached designs should be painted on these tanks.the attached designs should be painted on these tanks.
Action Required of Council:Action Required of Council:
Discussion and possible action regarding proposed artwork/design options for the Main Street and Discussion and possible action regarding proposed artwork/design options for the Main
Street and
Fairmont elevated water tanks.Fairmont elevated water tanks.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
January 25, 2016January 25, 2016AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
NANA
Corby D. AlexanderCorby D. AlexanderSource of Funds:Source of Funds:
Requested By:Requested By:
NANA
AdministrationAdministrationAccount Number:Account Number:
Department:Department:
NANA
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
NANA
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1. List of meetings required to be posted List of meetings required to be posted
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The purpose of this agenda item is to obtain Council direction regarding TexasThe purpose of this agenda item is to obtain Council direction regarding Texasmuch anticipated much anticipated
open
carry law,which became effective on January 1, 2016. The law modifies the former concealed which became effective on January 1, 2016. The law modifies the former concealed
handgun license law that had been in place since 1995. The open carry law eliminates the handgun license law that had been in place since 1995. The open carry law eliminates the
concealed/open carry distinction, and it creates a concealed/open carry distinction, and it creates a license to carry a handgun.license to carry a handgun.
Beginning on January 1, 2016, a person with a current concealed handgun license, or a person who Beginning on January 1, 2016, a person with a current concealed handgun license, or a
person who
obtains the new obtains the new license to carry a handgun,license to carry a handgun,may carry a handgun in a concealed manner or openly in may carry a handgun in a concealed manner
or openly in
a belt or shoulder holster. a belt or shoulder holster.
The rules related to where and when a license holder may openly carry are essentially identical to where The rules related to where and when a license holder may openly carry are essentially
identical to where
and when a concealed handgun license holder has been able to carry for 20 years. However, the and when a concealed handgun license holder has been able to carry for 20 years. However,
the and when a concealed handgun license holder has been able to carry for 20 years. However, the and when a concealed handgun license holder has been able to carry for 20 years.
However, the
difference is that no one knew when a person was concealed carrying, but some are uncomfortable difference is that no one knew when a person was concealed carrying, but some are uncomfortable
with the idea of a holstered handgun being displayed in public. with the idea of a holstered handgun being displayed in public.
Beyond the three places listed below, a city council has essentially no authority to prohibit a license Beyond the three places listed below, a city council has essentially no authority
to prohibit a license
holder from carrying in areas that are otherwise open to the public. Any attempt to do so can lead to the holder from carrying in areas that are otherwise open to the public. Any attempt
to do so can lead to the
attorney general bringing a civil action against the city for monetary penalties. State law prohibits the attorney general bringing a civil action against the city for monetary penalties.
State law prohibits the
carrying of firearms in certain placescarrying of firearms in certain places-- polling locations, a court, or in areas used to conduct a polling locations, a court, or in areas used
to conduct a
government meeting. government meeting.
The law also expressly prohibits a handgun license holder from carrying in a government meeting, if the The law also expressly prohibits a handgun license holder from carrying in a government
meeting, if the
governmental body gives notice that doing so is prohibited. This prohibition would only apply to meetings governmental body gives notice that doing so is prohibited. This prohibition
would only apply to meetings
subject to the Texas Open Meetings Act. Should the Council desire to prohibit a license holder from subject to the Texas Open Meetings Act. Should the Council desire to prohibit a
license holder from
carrying in government meetings, signs complying with state specifications will be posted prominently at carrying in government meetings, signs complying with state specifications will
be posted prominently at
the entry of such meeting location prior to the posted meeting. the entry of such meeting location prior to the posted meeting.
Action Required of Council:Action Required of Council:
Discussion or other action regarding provision of the Texas Open Carry law governing government Discussion or other action regarding provision of the Texas Open Carry law governing government
meetings.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
MEETINGS REQUIRED TO BE POSTED
City of La Porte Tax Reinvestment Zone Number One
Building Code Appeals Board
Civil Service Commission
Fire Code Review Committee
La Porte Development Corporation Board
La Porte Fire Control, Prevention & Emergency Medical Services District
La Porte Redevelopment Authority
Planning & Zoning Commission
Zoning Board of Adjustments
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Council Agenda Item Council Agenda Item
January 25, 2016 January 25, 2016
9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS
La Porte Development Corporation Board Meeting, Monday, February 8, 2016La Porte Development Corporation Board Meeting, Monday, February 8, 2016
City Council Meeting, Monday, February 8, 2016City Council Meeting, Monday, February 8, 2016
Planning and Zoning Commission Meeting, Thursday, February 18, 2016Planning and Zoning Commission Meeting, Thursday, February 18, 2016
City Council Meeting, Monday, February 22, 2016City Council Meeting, Monday, February 22, 2016
Zoning Board of Adjustment Meeting, Thursday, February 25, 2016Zoning Board of Adjustment Meeting, Thursday, February 25, 2016
regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community
10.COUNCIL COMMENTSCOUNCIL COMMENTS
members, city employees, and upcoming events; inquiry of staff regarding specific factual information members, city employees, and upcoming events; inquiry of staff regarding specific
factual information
or existing policies or existing policies or existing policies or existing policies Councilmembers Engelken, Earp, Clausen, J. Martin, K. Martin, Kaminski, Councilmembers Engelken,
Earp, Clausen, J. Martin, K. Martin, Kaminski, Councilmembers Engelken, Earp, Clausen, J. Martin, K. Martin, Kaminski, Councilmembers Engelken, Earp, Clausen, J. Martin, K. Martin,
Kaminski,
Zemanek, Leonard and Mayor RigbyZemanek, Leonard and Mayor Rigby
11.EXECUTIVE SESSIONEXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should
the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas
Government
Code, in accordance with the authority contained in:Code, in accordance with the authority contained in:
For the purpose of deliberating the purchase, For the purpose of deliberating the purchase,
Texas Government Code, Section 551.072Texas Government Code, Section 551.072
exchange, lease or value of real property: Meet with City Manager and City Attorney to discuss a Joint exchange, lease or value of real property: Meet with City Manager and City Attorney
to discuss a Joint
Ordinance and Boundary Adjustment Agreement and Joint Ordinance and Revenue Sharing Ordinance and Boundary Adjustment Agreement and Joint Ordinance and Revenue Sharing
Agreement with the City of Morgan's Point regarding a 4.42 acre tract of land currently within the City Agreement with the City of Morgan's Point regarding a 4.42 acre tract of land
currently within the City
of La Porte's corporate boundary and proposed to be annexed with the City of Morgan's Point of La Porte's corporate boundary and proposed to be annexed with the City of Morgan's Point
corporate boundary.corporate boundary.
Consultations with Attorney: Meet with City Consultations with Attorney: Meet with City
Texas Government Code, Section 551.071(2)Texas Government Code, Section 551.071(2)
Attorney to discuss Joint Ordinance and Boundary Adjustment Agreement and Joint Ordinance and Attorney to discuss Joint Ordinance and Boundary Adjustment Agreement and Joint Ordinance
and
Revenue Sharing Agreement with the City of Morgan's Point.Revenue Sharing Agreement with the City of Morgan's Point.
into regular session and consider action, if any, on item(s) discussed in executive into regular session and consider action, if any, on item(s) discussed in executive
12.RECONVENERECONVENE
session. session.
13.ADJOURNADJOURN
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