HomeMy WebLinkAbout02-14-22
9ƒƦƌƚǤĻĻ ƚŅ ƷŷĻ ĻğƩ ЋЉЋЊ
YĻƌƌǤ \[ğƷŷƩĻƒͲ 9a{ /ğƦƷğźƓ
The Employee of the Year is selected by a panel of supervisors across the City from
the group of Employees of the Quarter. In 2021, that group included the following:
Joel Martin, Public Works
Josh Wheeler, IT
Haley Pocock, Planning
Lindsey Campuzano, HR
And, our employee of the year, from the EMS team, Captain Kelly Lathrem.
Captain Lathrem was recognized in the third quarter by Chief Lisa Camp, for her
th
outstanding service and leadership on July 27, during an event at a local industrial
facility. La Porte EMS was initially dispatched to the location for a patient with
difficulty breathing. While the first unit was en route, more information began to
come in indicating this was a chemical related event. Upon arrival, Captain Lathrem
immediately recognized the critical nature of the event, and the need for additional
units. Maintaining a calm and reassuring manner, she coordinated ten additional
units from La Porte Fire, area EMS services, and industry partners. A total of 60
patients were processed on scene, with 30 patients transported to local hospitals
within two hours. Captain performance as medical command led to quick
assessment, delivery of care, and seamless transport for patients. Her rapid
thinking and leadership in such a chaotic and life threatening environment is a
testament to her skill and professionalism.
ay. In her role as a Captain, she is a positive
role model for every other member of the team. In addition to her supervisory
duties, Kelly works daily with field paramedics on calls and spends many hours
staffing special events in the community, like Sylvan Beach Fest, football games,
and running events with other bike medics. She is our lead trainer for ultrasound
imaging, after taking initiative to learn this valuable skillset. Captain Lathrem never
seems to have a bad day. She is always upbeat and encouraging to others and is a
great example of a public servant.
Kelly, we thank you for your outstanding service to the La Porte community and
congratulate you on being our Employee of the Year for 2021.
ağƓğŭĻƩ ƚŅ ƷŷĻ ĻğƩ ЋЉЋЊ
\[źƓķƭğǤ CƩĻƓĭŷͲ wĻĭƩĻğƷźƚƓ {ǒƦĻƩźƓƷĻƓķĻƓƷ
Lindsay has been a member of the La Porte team since February of 2018 when she
became our Recreation Programs Coordinator. She moved into her current role of
Superintendent about six months later and has continued to be a positive role
model and exceptional leader for the department. Lindsay was nominated by three
of her colleagues in Parks. They, and others, appreciate her open door policy in
talk to and always tries to comprom
welcomes any and all feedback or concerns, and makes time for everyone. She
maintains a fun-loving spirit in the office and wants to see all of her employees
succeed.
When the Parks and Recreation Director position became vacant in April of 2021,
Lindsay was asked to step in. For six months, she served as both the Rec
Superintendent and Interim Parks and Rec Director. This is a busy time of year for
Parks as it includes Spring and Summer programming, pools/aquatics season, and
Lindsay quickly
became the leader of the entire department, providing guidance and support to
Parks, Recreation, Special Services, Marketing and Special Events, and the
Recreation & Fitness Center Operations. Lindsay took on project management
duties for several parks projects, Council presentations, and the budget process
which required significant review and revision. With the hiring of the new Parks and
Rec Director, Lindsay has been instrumental in the transition and acclimating Tim
to the team.
Lindsay thank you for your excellent work and leadership. Congratulations on being
our Manager of the Year for 2021.
Declaration of Respect
WHEREAS,Randy Hanks was born in Dallas in 1955, graduating from Bishop Lynch High School and then attending the University of
St. Thomas, and later marrying the love of his life, Mary, with whom he raised their large and happy family; and
WHEREAS,Randy Hanks graduated from the Houston Fire Academy in 1978 and moved the family to La Porte in 1983, while he spent
thirty years as a Firefighter/Paramedic with the Houston Fire Department and, in 1993, began a second career with La Porte EMS; and
WHEREAS,in total, Randy served his community as a First Responder for 43 years, commonly found with a cup of coffee, a cigarette,
and his prayers, ready to listen to anyone who needed to talk. Randy was known as a generous man who sought every opportunity to share
his faith and encourage those in need, with his only intention being to leave those he came into contact with better than he found them.
Randy supported numerous charities even when he was facing financial hardship himself. He cherished his family and loved spending time
with them, especially in the water. He possessed unmatched character, integrity, work ethic, and love for his fellow man. He was a wonderful
example, advocate, teacher, and friend. He will be greatly missed by all who knew and lovedhim.
NOW, THEREFORE,I, Mayor Louis R. Rigby, do hereby offer recognition of the appreciation, respect, and esteem in remembrance of
Randy Hanks
In witness whereof,I have hereto set my hand and
caused the Seal ofthe City to be affixed hereto,
th
this,the 14day of February, 2022.
____________________________________
Louis R. Rigby, Mayor
LOUIS R. RIGBY
BILL BENTLEY
Mayor
CouncilpersonDistrict 3
BRANDON LUNSFORD
THOMAS GARZA
CouncilpersonAt Large A
CouncilpersonDistrict 4
BRENT McCAULLEY
JAY MARTIN
CouncilpersonAt Large B
Mayor Pro Tem
MANDI WILLIAMS
CouncilpersonDistrict 5
CouncilpersonDistrict 1
ROBBIE McLARRIN
CHUCK ENGELKEN
CouncilpersonDistrict 6
Councilperson District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
JANUARY 24, 2022
The City Council of the City of La Portemet in a regularmeetingonMonday, January 24, 2022,at
the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00p.m.,withthe
following in attendance:
Councilpersons present: Louis Rigby,Brandon Lunsford,Brent McCaulley, Mandi Williams, Chuck
Engelken,Bill Bentley, Thomas Garza,Robbie McLarrin
Councilpersons attending remotely: Jay Martin
Councilpersons absent: None
Council-appointed officers present:Corby Alexander, City Manager;Lee Woodward, City Secretary;
Clark Askins, AssistantCity Attorney
CALL TO ORDER Mayor Rigbycalled the meeting to order at6:00p.m.
2.INVOCATION The invocation was given by Reverend Brian Christen, La Porte Community Church,
and pledgeswereled by Councilperson Robbie McLarrin.
3.PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS
a.Recognition of City employees for years of service. \[Louis R. Rigby, Mayor\]
b.Recognition of the Employee of the Fourth Quarter, Lindsey Campuzano -\[Louis R. Rigby,
Mayor\]
4.CITIZENCOMMENT(Generally limited to five minutes per person; in accordance with state law, the
time may be reduced if there is a high number of speakers or other considerations.)
Griselda Hernandez spoke of a needfor increased foot traffic near her business and requested
consideration of City funding for directional signage,street lighting, marketingfor local business, and
additional draws such as public art and events, while small townfeeling.
5.CONSENTAGENDA(Approval of Consent Agenda items authorizes each to be implemented in
accordance with staff recommendations provided. An item may be removed from the consent agenda
and added to the Statutory Agenda for full discussion upon request by a member of the Council present
at this meeting.)
a.Approve the minutes of the regular City Council meeting held on January 10, 2022. \[Louis
R. Rigby, Mayor\]
b.Authorize the City Manager to execute a three-year agreement with the Bay Area Houston
Economic Partnership for economic development services. \[Corby Alexander, City
Manager\]
c.Approve Community Fence Funding Award to Baypoint Townhomes HOA in an amount not
to exceed $25,000.00. \[Corby Alexander, City Manager\]
d. Approve proposed amendments to the La Porte Sponsorship Policy. \[Corby Alexander, City
Manager\]
e.Award Bid #22007 -Bay Forest Golf Course-Cart Path and Bulkhead Repair to Greenscapes
6, LLC for bulkhead and cart path repair at Bay Forest Golf Course in the amount of
$149,705.00, plus $15,000.00 contingency, for total authorization of $164,705.00. \[Billy
Stoker, Golf Course Manager\]
Councilperson Engelken moved to approve items a and e; the motion was seconded by
Councilperson Bentley; the motion was adopted, 9-0.
Councilperson Engelken moved to authorize the City Manager to execute a three-year agreement
with the Bay Area Houston Economic Partnership for economic development services; the motion
was seconded by Councilperson Bentley; the motion was adopted, 8-1, Councilperson Garza
voting against.
Councilperson Bentley moved to approve a Community Fence Funding Award to Baypoint
Townhomes HOA in an amount not to exceed $25,000.00; the motion was seconded by Mayor Pro
Tem Martin; the motion was adopted, 8-1, Councilperson Garza voting against.
Councilperson Engelken moved to approve a proposed amendments to the La Porte Sponsorship
Policy; the motion was seconded by Councilperson Bentley.
Councilperson Garza moved to amend the last bullet point of the policy by striking regardless of
the cumulative amount donated by the City and inserting not to exceed $4,000.00 per event; the
motion was seconded by Councilperson Williams; the motion to amend failed, 3-6, Councilpersons
Garza, Williams, and McLarrin voting in support.
The main motion was adopted, 8-1, Councilperson Garza voting against.
6. STATUTORY AGENDA
a. Presentation, discussion, and possible action to approve a sponsorship award to the
Houston Yacht Club for The A Class Catamaran World Championship and the ICLA 6 World
Championship Regattas. \[Corby Alexander, City Manager\]
Mayor Pro Tem Martin moved to approve a $30,000.00 sponsorship award to the Houston Yacht
Club for the A Class Catamaran Work Championship and the ICLA 6 World Championship
Regattas; the motion was seconded by Councilperson McCaulley; the motion was adopted, 9-0.
Mr. Askins noted he would work with Mr. Alexander to draft an agreement for this that will come
back before the Council.
b. Presentation, discussion, and possible action regarding the history, facts, and additional
considerations surrounding the use of real property at 3337 Canada Road. \[Teresa Evans,
Planning and Development Director\]
Director Evans provided a full presentation for items 7.a.-c. to introduce this item.
7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
a. The City Council will hold a public hearing to receive comments regarding a
recommendation by the Planning and Zoning Commission in connection with Ordinance
2022-3863 amending the City's Future Land Use Map Component of the Comprehensive Plan
for an approximately 6.264-acre tract of land located at 3337 Canada Rd., legally described
-High
n to
consider adopting Ordinance 2022-3863 amending the City's Future Land Use Map
Component of the Comprehensive Plan for an approximately 6.264-acre tract of land located
at 3337 Canada Rd., legally described as Tracts 692 & 693, La Porte Outlots, by changing
-
Evans, Planning and Development Director\]
Mayor Rigby opened the public hearing at 7:56 p.m. John Blakemore spoke on behalf of the Pecan
Association in opposition to the noise and odor when the property was in
operation and its effect on the quality of life in the neighborhood. Paul Pittman, the property owner,
spoke in support of his business. Mayor Rigby closed the public hearing at 8:27 p.m.
Councilperson Garza moved to adopt Ordinance 2022-3863 amending the City's Future Land Use
Map Component of the Comprehensive Plan for an approximately 6.264-acre tract of land located
at 3337 Canada Rd., legally described as Tracts 692 and 693, La Porte Outlots, by changing the
-; the motion was
seconded by Councilperson Williams; the motion failed, 5-4, Councilperson Engelken, Bentley,
Lunsford, and Mayor Rigby voting against (a motion to overrule the recommendation of the
Planning and Zoning Commission by adoption of Ordinance 2022-3863 requires adoption by at
least 3/4 of the full membership of City Council), The Council recessed from 8:48-8:58 p.m.
MOTION WAS RECONSIDERED BELOW.
b. The City Council will hold a public hearing to receive comments regarding a
recommendation by the Planning and Zoning Commission in connection with Ordinance
2022-3864 amending the Code of Ordinances of the City of La Porte, Cha
by granting Zone Change #21-92000005, a change from Mid Density Residential (R-2) to
Planned Unit Development (PUD) for a 6.264-acre tract of land located at 3337 Canada Rd.
and legally described as Tracts 692 & 693, La Porte Outlots; followed by discussion and
possible action to consider adopting Ordinance 2022-3864 amending the Code of
-
92000005, a change from Mid Density Residential (R-2) to Planned Unit Development (PUD)
for a 6.264-acre tract of land located at 3337 Canada Rd. and legally described as Tracts 692
& 693, La Porte Outlots. \[Teresa Evans, Planning and Development Director\]
Mayor Rigby opened the public hearing at 8:59 p.m. Mr. Pittman spoke in support of the ordinance,
requesting parameters to meet. Mr. Blakemore spoke to clarify the differences in the surrounding
properties when the Pecan Crossing neighborhood was built. Mayor Rigby closed the public
hearing at 9:01 p.m.
Councilperson Garza moved to adopt Ordinance 2022-3864 amending the Code of Ordinances of
-92000005, a change from
Mid Density Residential (R-2) to Planned Unit Development (PUD) for a 6.264-acre tract of land
located at 3337 Canada Road and legally described as Tracts 692 and 693, La Porte Outlots; the
motion was seconded by Councilperson Williams; the motion was adopted, 7-2, Councilpersons
Engelken and Bentley voting against.
c. The City Council will hold a public hearing to receive comments regarding a
recommendation by the Planning and Zoning Commission in connection with Ordinance
2022-
by granting Special Conditional Use Permit #21-91000009, to allow for Light Industrial (LI)
uses on a 6.264-acre tract of land, legally described as Tracts 692 and 693, La Porte Outlots;
followed by discussion and possible action to consider adopting Ordinance 2022-3865
Special Conditional Use Permit #21-91000009, to allow for Light Industrial (LI) uses on a
6.264-acre tract of land, legally described as Tracts 692 and 693, La Porte Outlots. \[Teresa
Evans, Planning and Development Director\]
Mayor Rigby opened the public hearing at 9:23 p.m. There were no speakers. Mayor Rigby closed
the public hearing at 9:24 p.m.
Councilperson Lunsford moved to reconsider item 7a; the motion was seconded by Councilperson
Garza; the motion was adopted, 8-1, Councilperson Engelken voting against.
ITEM 7A WAS RECONSIDERED HERE. Councilperson Garza moved to adopt Ordinance 2022-
3863 amending the City's Future Land Use Map Component of the Comprehensive Plan for an
approximately 6.264-acre tract of land located at 3337 Canada Road, legally described as Tracts
692 and 693, La Porte Outlots, by changing the lan-High Density
; the motion was seconded by Councilperson Williams; the motion
was adopted, 8-1, Councilperson Engelken voting against.
Councilperson Garza moved to adopt Ordinance 2022-3865 amending the Code of Ordinances of
-
91000009, to allow for Light Industrial (LI) uses on a 6.264-acre tract of land, legally described as
Tracts 692 and 693, La Porte Outlots, and amending SCUP item 5 to provide for an 8-foot high
fence on three sides and a 10-foot high fence on the side of Pecan Crossing; in SCUP item 7, to
strike 7 p.m. and insert 5 p.m. and add Monday through Friday; and to add an item 12 that total
daily truck traffic will be limited to ten trucks per day; the motion was seconded by Councilperson
McCaulley; the motion was adopted, 8-1, Councilperson Engelken voting against.
8. ELECTION MATTERS
a. Presentation, discussion, and possible action to adopt Ordinance 2022-3861, calling the May
7, 2022, general election for the City of La Porte, Texas, for the purpose of electing members
to La Porte City Council positions: 1) Councilperson At-Large Position A; 2) Councilperson-
District 4, and 3) Councilperson-District 5. \[Lee Woodward, City Secretary\]
Councilperson Garza moved to adopt Ordinance 2022-3861, calling the May 7, 2022, general
election for the City of La Porte, Texas, for the purpose of electing members to La Porte City Council
positions: 1) Councilperson At-Large Position A; 2) Councilperson-District 4, and 3) Councilperson-
District 5; the motion was seconded by Councilperson Bentley; the motion was adopted, 9-0.
b. Presentation, discussion, and possible action to adopt Ordinance 2022-3862, calling the May
7, 2022, special election for the City of La Porte, for the purpose of approving or denying a
Porte, Texas, at the rate of one-fourth of one percent to continue providing revenue for
maintenance and repair of municipal streets. The tax expires on the fourth anniversary of
the date of this election unless the imposition of the tax is reauthorized. \[Lee Woodward,
City Secretary\]
Mayor Rigby moved to adopt Ordinance 2022-3862, calling the May 7, 2022, special election for
the City of
reauthorization of the local sales and use tax in the City of La Porte, Texas, at the rate of one-fourth
of one percent to continue providing revenue for maintenance and repair of municipal streets. The
tax expires on the fourth anniversary of the date of this election unless the imposition of the tax is
reauthorized; the motion was seconded by Councilperson McLarrin; the motion was adopted, 8-1,
Councilperson Garza voting against.
9. REPORTS
a. Receive report on the La Porte Community Fencing Project Ad Hoc Committee meeting.
\[Brent McCaulley, Chair\]
Councilperson McCaulley reported the Committee decided to meet in February to consider further
amendment to the fencing funding guidelines.
b. Receive the report of the La Porte Development Corporation Board of Directors meeting.
\[Councilperson Engelken\]
Councilperson Engelken reported the Board approved an economic incentive agreement with Mark
Rosado and authorized the City Manager to look into contracting for economic development
services.
10. ADMINISTRATIVE REPORTS
Drainage and Flooding Committee meeting, February 14, 2022
City Council meeting, February 14, 2022
Planning and Zoning Commission meeting, February 17, 2022
Fiscal Affairs Committee meeting, February 28, 2022
City Council meeting, February 28, 2022
City Manager Corby Alexander said there were no reports.
11. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda;
items of community interest; and/or inquiries of staff regarding specific factual information or
existing policy from the Mayor, Councilpersons, and City staff, for which no formal action will
be discussed or taken.
Councilpersons congratulated and thanked the employees who were recognized; congratulated Mr.
Pittman for the resulting adopted ordinances and his approach to the Council, and acknowledged the
difficult positions of Councilpersons; commended the owners of Goodies for their community
participation; agreed to visit with staff to consider increased signage and downtown improvements;
and expressed hope that City administration and the Council would remember the value of employees
at the upcoming annual budget retreat.
12. EXECUTIVE SESSION
a. Texas Government Code Sec. 551.071 (1)(A) - Pending or Contemplated Litigation: The City
Council will meet in closed session with the City Manager and legal counsel to discuss SV
Sons HWY. 146, LLC vs. City of La Porte, Texas. \[George Vie, Counsel for City; Clark
Askins, Asst. City Attorney; Corby Alexander, City Manager\]
b. Texas Government Code Sec. 551.071 (1)(A) - Pending or Contemplated Litigation: The City
Council will meet in closed session with the City Manager and Assistant City Attorney to
discuss legal options to address zoning violations at 704 West Main Street. \[Clark Askins,
Asst. City Attorney; Corby Alexander, City Manager\]
The Council convened in executive session at 10:04 p.m.
13. RECONVENE into open session and consider action, if any, on item(s) discussed in
executive session.
The Council reconvened into open session at 10:48 p.m. Mayor Rigby noted the Council had received
information on item 12.a. and would revisit the issue at the next meeting. Regarding item 12. b.,
Councilperson McCaulley moved to direct staff to proceed with legal action; the motion was seconded
by Councilperson Bentley; the motion was adopted, 9-0,
ADJOURN Without objection, the Council adjourned at 10:50 p.m.
_______________________________
Lee Woodward, City Secretary
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: February 14, 2022
Requested By:Corby D. Alexander Source of Funds:038 EDC Fund
Department:CMO
Account Number:038-6030-565-9997
Amount Budgeted:$540,200
ReportResolutionOrdinance
$27,308
Amount Requested:
Exhibits: Proposed Development Agreement
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
On December 24, 2021, the La Porte Development Corporation Board approved a
development agreement withMark Rosado, owner of the Battleground Saloon located
at 116 S. Broadway Street.
Rosado is a first-time business owner looking to establish his Bar & Grill as a staple in
the community. Though no kitchen or grill would be installed at his business, the plan
is for food to be sold via food truck(s). He provided the La Porte Development
Corporation Board with a layout for the project, which included an outdoor seating area
for customers andone buildingwith the potential to add more buildings in the future.
Additionally, Mr. Rosado anticipates havingfive (5) full-time employees or full-time
The City of La Porte receives mixed beverage sales tax receipts issued through the
Texas Comptroller of Public Accounts from multiple permitteeswithin La Porte. La Porte
has several dozen establishments that contribute monthly mixed beverage sales tax to
the City. On average, these establishments average gross receipts of $30,000 per
month. Staff has estimated that the applicant will submit approximately $4,500 annually
to the City for mixed beverage taxes.
Staff provided the Board withan analysis of this project:
Per Harris County Appraisal District, the location Mr. Rosado is building
Battleground Saloon, 116 S. Broadway,has an assessed valuation as of
January 1, 2021,of $84,000 for this vacant parcel. The applicant plans to sell
food and alcohol, which will generate sales and mixed beverage taxes for the
City. Based on the projected project cost of $143,200, the applicant would have
an investment in the business of $227,200, which could generate approximately
$1,613 in property taxes annually for the City. Additionally, the applicant would
be a water and sewer customer; therefore, the City would receive utility fees from
the applicant. As a reminder, property tax and mixed beverage sales tax are not
revenue producers for the La Porte Development Corporation. Only sales tax on
non-alcoholic items (food and drinks) would increase the revenue sources for
the LPDC. After entering data into the matrix, the applicant would qualify for an
incentive of $27,308. Again, the matrix is subjective based on my assumptions;
therefore, this amount could be adjusted slightly up or down.
Included in this agenda is a development agreement with the following three payment
benchmarks:
1. A $10,000 payment upon proof of capital investment of at least $50,000,
exclusive of land purchase. The developer will also have to obtain a Certificate
of Occupancy no later than February 28, 2022.
2. A $10,000 payment upon proof of 5 full-time employees or full-time equivalent
employees and an additional $93,000 in capital investment exclusive of land
costs. Employment number must be met each year for the following five years.
3. A $7,308.00 payment upon proof of alcohol beverage sales of not less than
$250,000 in the first 12 months of operation and proof of an additional $93,000
in capital investment.
La Porte Development Corporation expenditures greater than $15,000 require City
Council approval.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss, and possible action to approve La Porte Development
Corporation expenditure pursuant to the development agreement with Mark
Rosado, providing financial incentive in an amount not to exceed $27,308 for the
construction of Battleground Saloon.
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE LA
PORTEDEVELOPMENT COPRPORATION,AND MARK ROSADO,FOR USE
OF TYPE B DEVELOPMENT CORPORATION SALES TAX FUNDS
THIS AGREEMENT made by and entered into this 24th day of January
2022 between the La Porte Development Corporation, a Type B non-profit
corporation operating under authority of Texas Local Government Code Chapters
501 and 505 Mark Rosado, hereinafter referred to as
WITNESSETH:
WHEREAS, the voters of the City of La Porte authorized the levying of
additional sales tax within the City for promotion of economic development and the
LPDC is authorized to use such tax revenues for certain qualifying projects and
other economic development related purposes; and
WHEREAS, Recipient is a sole proprietor who desires to develop and
operate a retail business in the City of La Porte; and
WHEREAS, Recipient wishes to construct a building at 116 S. Broadway
Street, for the purpose of operating a bar and grill restaurant business to be known
and which would 1) result in the expenditure by Recipient
of an estimated $143,200.00 in capital improvements; and 2) employ an estimated
five (5) full-time personnel (or part-time positions which are equivalent to five (5)
full-time positions); and
WHEREAS, Recipient has requested that LPDC provide financial incentives
to Recipient to contribute towards the cost of constructing the building to be located
at 116 S. Broadway Street under a qualifying project of the LPDC for infrastructure,
site and related improvements, as authorized by Texas Local Government Code
Chapters 501 and 505, and it is the desire of LPDC to assist in the funding of same,
finding that such expenditures will promote or develop new or expanded business
enterprises; and
WHEREAS, Texas law and the by-laws of the LPDC require that certain
expenditures and projects by the LPDC be approved by the governing body of the
City; and whereas the LPDC Board has duly approved such project and the
expenditures for same have been authorized by the La Porte City Council; and
NOW THEREFORE, in consideration of the covenants and conditions
stated herein, and in consideration of the mutual benefits that will accrue to each
of the parties hereof, as well as to the citizens of the City of La Porte, Texas, the
parties have agreed and do hereby agree as follows:
1
ARTICLE I
In consideration of Recipientconstructing a building at 116 S. Broadway
and operating a bar and grill restaurant at the subject site Building, which
proposal was considered in that certain public hearing authorizing a proposed
project for the expenditure of LPDC funds for the promotion or development of new
or expanded business enterprises, held before the LPDC on December 13, 2021,
LPDC agrees to provide Recipient an incentive package consisting of a cash
payment in a total sum not to exceed $27,308.00, to be distributed in three
increments of $10,000.00, $10,000.00 and $7,308.00 each, with each distribution
conditioned on the attainment of certain performance thresholds, more specifically
outlined as follows:
1) A cash incentive payment in an amount equal to $10,000.00 will
be distributed to Recipient by LPDC, upon 1) receipt by LPDC of
proof of issuance of a certificate of occupancy for the Building and
2) proof of minimum capital investment in the amount of
$50,000.00 applied towards construction of the Building and
related infrastructure and site work, exclusive of the cost to
Recipient to purchase the existing vacant real estate tract at 116
S. Broadway Street. However, in no case will the $10,000.00
payment be made by LPDC if documentation substantiating 1)
issuance of a certificate of occupancy for the Building and 2) the
expenditure of no less than $50,000.00 applied towards
construction of the Building and related infrastructure and site
work is not delivered to and received by LPDC by February 28,
2022. In the case that proof of issuance of a certificate of
occupancy for the Building and minimum capital investment of
$50,000.00 applied towards capital construction costs to construct
the Building, as well as related infrastructure and site work, is
presented to LPDC on or before said February 28, 2022 deadline,
the LPDC shall convene a meeting of the LPDC Board of Directors
for a date no later than forty-five (45) days after receipt of proof of
issuance of a certificate of occupancy for the Building and related
infrastructure and site work and minimum capital investment of
$50,000.00 by LPDC from Recipient. Upon verification of the
issuance of a certificate of occupancy for the Building and related
infrastructure and site work and minimum capital investment of
$50,000.00, as reflected by formal vote of the LPDC Board of
Directors that Recipient has satisfied the requirements of this
paragraph, LPDC will then remit the $10,000.00 to Recipient
within a period not to exceed thirty (30) days.
In the case where Recipient fails to submit proof of issuance of a
certificate of occupancy for the Building and proof of a minimum
capital investment in the amount of $50,000.00 by the February
28, 2022 deadline, Recipient will be disqualified for the said
$10,000.00 incentive payment, and in addition, will be ineligible to
qualify for receipt of the $10,000.00 and $7308.00 payments
provided for in Paragraphs two (2) and three (3), immediately
below.
2
2) A cash incentive payment in an amount equal to $10,000.00 will
be distributed to Recipient by LPDC upon delivery to the LPDC of
1) proof of additional capital investment in the amount of
$93,200.00 applied towards construction of the Building and
related infrastructure and site work, exclusive of the cost to
Recipient to purchase the existing vacant real estate tract at 116
S. Broadway Street, and 2) an employment roster evidencing that
Battleground employs a minimum of five (5) full-time employees
(or that number of part-time employees which are the equivalent
of five (5) full--time
at the Building site as of March 31,
2022. However, in no case will the $10,000.00 payment be made
by LPDC if 1) proof of additional capital investment in the amount
of $93,200.00 applied towards construction of the Building and
related infrastructure and site work, exclusive of the cost to
Recipient to purchase the existing vacant real estate tract at 116
S. Broadway Street, and 2) proof of the employment of a minimum
of five (5) full-time equivalent positions as of March 31, 2022, is
not delivered to and received by LPDC by April 30, 2022. Proof
of employment, for purposes of this agreement, may be satisfied
by submission to LPDC by the said April 30, 2022 deadline of a)
copies of Battlegroun 941 Report to the Internal
Revenue Service and C3 Report to the Texas Workforce
Commission for each employee (but with social security numbers
of each employee redacted) and b) a notarized statement
executed by Recipient) affirming that a cumulative five (5) full-time
equivalent positions are employed in positions permanently
located at the Building site.
In the case that 1) proof of additional capital investment in the
amount of $93,200.00 applied towards construction of the Building
and related infrastructure and site work, exclusive of the cost to
Recipient to purchase the existing vacant real estate tract at 116
S. Broadway Street, and 2) proof of employment of five (5) full-
time equivalent positions is presented to LPDC on or before said
April 30, 2022, deadline, the LPDC shall convene a meeting of the
LPDC Board of Directors for a date no later than forty-five (45)
days after receipt of proof of 1) additional capital investment in the
amount of $93,200.00 applied towards construction of the Building
and related infrastructure and site work, exclusive of the cost to
Recipient to purchase the existing vacant real estate tract at 116
S. Broadway Street, and 2) employment of five (5) full-time
equivalent positions at the Building site by Recipient. Upon
verification of additional capital investment in the amount of
$93,200.00 applied towards construction of the Building and
related infrastructure and site work, exclusive of the cost to
Recipient to purchase the existing vacant real estate tract at 116
S. Broadway Street, and 2) employment of five (5) full-time
equivalent positions, as reflected by formal vote of the LPDC
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Board of Directors, LPDC will then remit the $10,000.00 to
Recipient within a period not to exceed thirty (30) days.
In the event that Recipient qualifies for the second $10,000.00
incentive installment based upon 1) proof of additional capital
investment in the amount of $93,200.00 applied towards
construction of the Building and related infrastructure and site
work, exclusive of the cost to Recipient to purchase the existing
vacant real estate tract at 116 S. Broadway Street, and 2) proof of
employment of five (5) full-time equivalent positions at the Building
site pursuant to Article 1, Paragraph 2, above, then in such case
Recipient shall be required to prove the continuous employment
at the Building site of a cumulative minimum of five (5) full-time
equivalent positions, for a continuous five (5) year period. At the
conclusion of each calendar year during such five (5) year period,
beginning on December 31, 2022, through and including
December 31, 2026, Recipient shall be required to submit to the
LPDC proof of employment of a minimum of five (5) full-time
equivalent positions at the Building site, in the manner required
under Article 1, Paragraph 2, above. Should Recipient fail to
provide proof of the employment of five (5) full-time equivalent
employees at the end of a calendar year, then for that year
Recipient shall be responsible for remitting to the LPDC the sum
of $4,000.00, representing recapture out of the previously
awarded cumulative $20,000.00 incentive paid under Paragraphs
1 and 2 of this Article. However, in the instance that Recipient
provides proof of employment of a minimum of five (5) full-time
equivalent positions at the end of a calendar year, Recipient shall
be relieved from the obligation to remit to the LPDC $4,000.00
recapture for that year.
3) If recipient qualifies for distribution of both the $10,000 incentive
payment authorized under Paragraph One (1) and the $10,000.00
incentive payment authorized under Paragraph Two (2) of this
Agreement, then in that case a cash incentive payment in an
amount equal to $7,308.00 will be distributed to Recipient by
LPDC upon delivery to the LPDC of proof that Battleground
Saloon attained gross sales of alcoholic beverages of no less than
$250,000.00 for the twelve (12) month period following issuance
of a certificate of occupancy for the Building site. However, in no
case will the $7,308.00 payment be made by LPDC if proof of
gross sales of alcoholic beverages of no less than $250,000.00
for the twelve (12) month period following issuance of a certificate
of occupancy for the Building site is not delivered to and received
by LPDC by no later than sixty (60) days after the conclusion of
the twelve (12) month period for gross alcohol sales. Proof of
gross alcohol sales, for purposes of this agreement, may be
satisfied by submission to LPDC by the above indicated deadline
of documentation evidencing payment of mixed beverage gross
receipts tax for the applicable period.
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In the case that proof that Battleground Saloon attained gross
sales of alcoholic beverages of no less than $250,000.00 for the
twelve (12) month period following issuance of a certificate of
occupancy for the Building site is presented to LPDC on or before
the above indicated deadline, the LPDC shall convene a meeting
of the LPDC Board of Directors for a date no later than forty-five
(45) days after receipt of proof that Battleground Saloon attained
gross sales of alcoholic beverages of no less than $250,000.00
for the twelve (12) month period following issuance of a certificate
of occupancy for the Building site. Upon verification of gross sales
of alcoholic beverages of no less than $250,000.00 for the twelve
(12) month period following issuance of a certificate of occupancy
for the Building site, as reflected by formal vote of the LPDC Board
of Directors, LPDC will then remit the $7,308.00 to Recipient
within a period not to exceed thirty (30) days.
ARTICLE II
All funds received as herein provided shall be solely for the purpose of
contributing towards Recipient in the construction and building of the
building to be located at 116 S. Broadway Street and for the use of Battleground
Saloon, a bar and grill facility. Recipient further acknowledges that the incentive
grant provided for herein is tied to a project of the LPDC for the promotion or
development of new or expanded business enterprises, as authorized by Texas
Local Government Code chapters 501 and 505.
ARTICLE III
Disbursement and/or retention of the cash incentive identified in Article I of
this Agreement shall be made as follows:
A. Disbursement shall be made to Recipient, subject to the satisfaction of the
conditions precedent or conditions subsequent contained within Article I of
this Agreement.
B. LPDCobligation to Recipient shall not exceed $27,308.00, nor shall LPDC
be obligated to reimburse Recipient for requests delivered to LPDC after
the termination of this Agreement.
ARTICLE IV
Recipient understands that the funds paid to Recipient by the LPDC are
derived from tax revenues collected under Texas Local Government Code
505.252, and that LPDC has estimated the tax revenues to be collected during the
term of this Agreement. Recipient further understands, acknowledges, and agrees
that if the tax revenue actually collected is less than 90% of the estimated tax
revenues to be collected in any fiscal year during the term of this Agreement, LPDC
will be under no obligation to provide funding to Recipient for any payment or
payments during or after the fiscal year for which there is a revenue shortfall. Upon
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execution of the Agreement, funds will be placed in a City of La Porte designated
commitment account for purposes of this Agreement.
ARTICLE V
In the event of any default by Recipient hereunder, including, but not limited
to, use of the funds provided herein for purposes other than those stated in Article
I of this Agreement, LPDC may cease all future payments hereunder and terminate
this Agreement. In addition, LPDC shall have the right to reclaim and recapture,
and Recipient shall refund, any funds that are not spent in accordance with the
terms of this Agreement, including 1) LPDC funds spent by Recipient in
contravention of this Agreement and 2) any LPDC funds previously paid to
Recipient but not yet spent by Recipient. In each such case, the previously paid
cash payment or payments shall be remitted to the LPDC within sixty (60) of receipt
of written demand for same.
Any breach of this covenant shall be grounds for immediate termination of
the distribution of funds.
ARTICLE VI
The term of this Agreement is for a period beginning on the date of approval
by LPDC and ending June 30, 2027.
ARTICLE VII
All funds provided by the LPDC pursuant to this Agreement may be used
only for the purposes authorized by this Agreement. Notwithstanding Article I,
above, City shall be under no obligation to make any fund disbursements if the
reports required under this Article have not been delivered to the LPDC.
ARTICLE VIII
This Agreement does not create any joint venture, partnership, or agency
relationship between the LPDC and Recipient. Recipient shall have exclusive
control of, and the exclusive right to control the details of the work to be performed
by Recipient hereunder and all personnel performing same, and shall be solely
responsible for the acts and omissions of its officers, members, agents, servants,
employees, subcontractors, program participants, volunteers, licensees, and
invitees. In no event shall any person participating in or performing any of
servant, or employee of the LPDC.
ARTICLE IX
Recipient agrees to assume and does hereby assume all responsibility and
liability for damages sustained by persons or property, whether real or asserted,
by or from the carrying on of work by Recipient or in the performance of services
performed and to be performed by Recipient hereunder. Recipient covenants and
agrees to, and does hereby indemnify, defend, and hold harmless LPDC and all
their respective officers, agents, and employees from all suits, actions, claims, and
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account of any injuries or damages, whether real or asserted, sustained by any
person or property by orin consequence of any intentional or negligent act,
omission, or conduct of Recipient, its agents, servants or employees.
ARTICLE X
This Agreement may be amended by the mutual agreement of the Parties
hereto in writing to be attached to and incorporated into this Agreement.
ARTICLE XI
Recipient shall adhere to all local, state, and federal laws and regulations
that may affect its actions made pursuant to this Agreement, and shall maintain in
effect during the term of this Agreement any and all federal, state, and local
licenses and permits which may be required of Recipients generally.
ARTICLE XII
Recipient may not assign this Agreement, or any of the benefits provided
herein including but not limited to incentive payments identified in Article I, without
the written consent of LPDC.
ARTICLE XIII
The waiver by LPDC of any breach of any term, condition, or covenant
herein contained shall not be deemed a waiver of any subsequent breach of the
same, or any other term, condition, or covenant.
ARTICLE XIV
The obligations of the Parties to this Agreement are performable in Harris
County, Texas and if legal action is necessary to enforce same, venue shall lie in
Harris County, Texas.
ARTICLE XV
This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas.
ARTICLE XVI
This Agreement may be executed in triplicate, each of which shall be
deemed an original and constitute one and the same instrument.
ARTICLE XVII
Neither LPDC nor Participant shall be required to perform any term,
condition, or covenant in this Agreement so long as such performance is delayed
or prevented by force majeure, which shall mean Acts of God, civil riots, floods,
and any other cause not reasonably within the control of LPDC or Recipient except
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as herein provided, and which by the exercise of due diligence LPDCor Recipient
is unable, wholly or in part, to prevent or overcome.
ARTICLE XVIII
In submitting this application, the applicant whose signature appears
below affirms its intent and commitment to comply in full with Section 2264.052 of
the Government Code and certifies that it does not and will not knowingly employ
an undocumented worker during any time period associated with the public
subsidy for which the application is being submitted. The applicant further certifies
its understanding and agreement that if it is convicted of a violation of 8 U.S.C.
Section 1324a(f), providing for civil and/or criminal penalties for engaging in a
pattern or practice of knowingly hiring or continuing to employ unauthorized aliens,
it shall repay the amount of the public subsidy with interest, at the rate and
according to the terms of the agreement signed under Section 2264.053 of the
Government Code, not later than the 120th day after the date the city notifies the
business of the violation.
ARTICLE XIX
The Agreement embodies the complete agreement of the parties hereto,
superseding all oral or written pervious and contemporary agreements between
the Parties, which relate to matters in this Agreement.
SIGNED AND AGREED to by LPDC and Recipient on the dates indicated
below.
LA PORTE DEVELOPMENT CORPORTION
__________________________
Richard Warren, President
___________________
Date
ATTEST
___________________________
Mark Rosado (Recipient)
_________________________
Date
ATTEST
________________________________
8
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:2-14-2022
Requested By:Steve Deardorff Source of Funds:
Department:Police Department
Account Number:
Amount Budgeted:
ReportResolutionOrdinance
Amount Requested:
Exhibits:Resolution for Crime VictimLiaison Grant
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
enforcement agency shall designate one person to serve as the agency's Crime Victim
The duties of the Crime Victim Liaison include: to ensure that a victim,guardian of a
victim, or close relative of a deceased victim of a crime involving bodily injury is afforded
rights; providing advocacy for victims; referring victims to community resources; and
providing moral support during any time the victim is required to make a court
appearance.
For the calendar year 2021, the Crime Victim Liaison provided valuable services to over
700victims. The Crime Victim Liaison was also able to assist victims with crime victim
compensation and monetary support in several cases where assistancewas needed.
Since 2010,has assisted
almost 6,000 victims and given over two hundred andthirty thousand
dollars($230,538
The Crime Victim Liaison position has historically beenpartially funded bya Crime
. The grant was not awarded to the
However, anew grant opportunity has been found. The General Victim Assistance
Grant Program administeredthroughthe Office of theGovernor and funded bythe
Victims of Crime Act (VOCA). If awarded, this grant will run through the period of
10/1/22 through 9/30/2023. We are eligible to apply for salary reimbursementfor the
Crime Victim Liaison, which is currently $71,972.16.
As required by the grant, a resolution is being sought authorizing the City Manager and
Police Department to submit application for a grant for the Crime Victim Liaison
position. The grant request will be for salary only, which is currently $71,972.16. The
City will continue to absorb all benefit costs associated with the position. If the grant
is awarded at a reduced rate, the City will be mandated to continue to support the
program by absorbing the unfunded portion of salary related to the position. If the grant
is not awarded, the City will continue to fund the salary and benefits associated with the
position.
Tposition is crucial to the operations of the Police Department
and to providing services to crime victims within the City of La Porte. It is requested
that City Council authorize the Resolution allowing for submission of the grant and
authorizing the City Manager to execute all documents relating to the grant.
ACTION REQUIRED BY CITY COUNCIL
Adopt Resolution 2022-01 authorizing the City Manager and the La Porte Police
Department to submit the General Victim Assistance Grant through the
for Fiscal Year 23 in order to continue full or partial funding for
the Crime Victim Liaison position.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
RESOLUTION2022-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
AUTHRORIZING THE CRIME VICTIM LIAISON POSITION BE FUNDED THROUGH A
GRANT FOR THE FISCAL YEAR 2023; APPROVING THE SUBMISSION OF THE GRANT
APPLICATION FOR THE GENERAL VICTIM ASSISTANCE GRANT PROGRAM, THROUGH
THE OFFICE OF THE GOVERNOR; DESIGNATING THE CITY MANAGER AS THE
FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Legal Name of Applicant: City of La Porte, Texas
Grant Number: 4472701
WHEREAS, the City of La Porte has applied for or wishes to apply to the Office of the Governor for the
General Victim Assistance Grant Program; and
WHEREAS, the City Council of The City of La Porte has considered and supports the Application filed
or to be filed with the Office of the Governor; and
WHEREAS, t he City of La Porte has designated or wishes to designate the City Manager, as the
terminate the General Victim Assistance Grant, with the Office of the Governor as well as given the
authority to sign all grant adjustment requests, inventory reports, progress reports, and financial reports or
any other official documents related to the grant on behalf of the grantee.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS, THAT:
Section 1. That the City of La Porte City Council finds it in the best interest of the citizens of La Porte
that the General Victim Assistance Grant be operated for the 2023 Fiscal Year; and
Section 2. The City of La Porte agrees that in the event of loss or misuse of the Office of the Governor
funds, the City of La Porte assures that the funds will be returned to the Office of the Governor
in full.
Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a
place convenient to the public at the City Hall of the City for the time required by law preceding
this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code;
and that this meeting has been open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 5. This resolution shall be in effect from and after its passage and approval.
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PASSED and APPROVED this, the 14 day of February, 2022.
CITY OF LA PORTE, TEXAS
__________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ __________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
February 14, 2022
Agenda Date Requested:
Requested By:Source of Funds:N/A
Corby Alexander, City Manager
Department:
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits: Ordinance2022-3867, Deed, Area
Budgeted Item:YesNo
Map, Appraisal Summary(from adjacent tract)
S UMMARY& RECOMMENDATION
The City of La Porte Planning & Development Department received an application from
La Porte Real Property, LLCto vacate, abandon and close the HStreet right-of-way
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situated between North BroadwayStreet and 8Street.
The abandonment process requires that all adjacent property owners either participate
in the closure or sign away rights to their portion of the proposed closure. There are three
(3) other adjacent property owners that will be affected by this proposed closure. Dorothy
Hearon has elected not to participate in the closure and has authorized conveyance of
herportion of the right-of-way to the applicant.Crenshaw Real Properties and Frontier
Port Properties, the other adjacent owners, have elected to participate and will receive
separate deeds for their portions of the closure.
The total area of the requested closure is 4.863 acre (211,815.06square feet). The area
to be closed and abandonedwill be incorporated into the existing developmentsto the
east and north.
Staff have determined that there are no franchised utilities existing within the right-of-
way. Comcast, AT&T, and CenterPoint, the three (3) franchise utility companies, have all
provided letters of no objection to the proposed right-of-wayclosure.There is an existing
eight (8) inch fire suppression water main in a portion of the right-of-way to be closed. As
partof the closure agreement,the City will abandon this portion of the watermain,
transferring ownership of the water main and existing fire hydrants to the applicant.
In accordance with Sections 62-35 (b)utilized
anappraisal conducted in 2019 for an adjacent right-of-way closure in order to establish
fair market value. The appraisal report established a value of $2.50per square foot. The
applicant has submittedclosing fees in the amount of $529,537.65(211.815.06sq. ft. x
$2.50) to the City. These funds are being held in escrow subject to final consideration
and action by City Council.
Council has previously approved aclosurefor this right-of-waywith a requirement that
. The applicant will not be
relocating the service line within 60 days. The new ordinance will require the service
line be relocated in the event of future development on the site at th
The enclosed ordinance will also repeal the previous closure ordinance.
ACTION REQUIRED BY CITY COUNCIL
Approve Ordinance 2022-3867 for street and alley closure request #21-25000005,
vacating, abandoning, and closing the H Street right-of-way situated between
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North Broadway Street and 8 Street, and authorizing the execution and delivery
of a deed to the adjoining landowner and repealing Ordinance 2021-3855.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2022-3867
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ENTIRETY OF
THE H STREET RIGHT-OF-WAY, SITUATED BETWEEN NORTH BROADWAY
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STREET AND 8 STREET, AND AUTHORIZING THE EXECUTION AND DELIVERY
OF A DEED TO THE ADJOINING LANDOWNERS; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE; CONTAINING
A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the record owners of
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the property abutting the H Street right-of-way, situated between North Broadway Street and 8
Street, to vacate, abandon and close the entirety of said H Street right-of way, and;
WHEREAS, the City Council of the City of La Porte has determined and does hereby find,
determine, and declare that the H Street right-of-way, situated between North Broadway Street and
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8 Street, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and
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the closing of the H Street right-of-way, situated between North Broadway Street and 8 Street, is
for the protection of the public and for the public interest and benefit, and that the H Street right-
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of-way, situated between North Broadway Street and 8 Street, should be vacated, abandoned, and
permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule
charter, Chapter 62 of the City of La Porte Code of Ordinances and Chapter 253, Texas
Local Government Code, the entirety of the H Street right-of-way, situated between
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North Broadway Street and 8 Street, is hereby permanently vacated, abandoned, and
closed by the City of La Porte, such right-of-way being generally illustrated on Exhibit
ncorporated herein, and further described to wit:
R.O.W.), Nebraska Syndicate, as recorded in Volume 83, Page 345 Harris County Deed Records,
and being in the John Hunter Survey, Abstract Number 35, Harris County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a five eighths inches iron rod set for the northwesterly corner of the herein
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described tract of land, in the west line of 8 in the southeasterly corner of
Block 12, of the said Nebraska Syndicate, and said BEGINNING POINT having a Texas State
Plane Coordinate System, South Central Zone (4204) Value of X = 3,229,519.31 and Y =
13,814,669.87 (GRID):
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1. THENCE, North 86 degrees 55 minutes 55 seconds East, over and across said 8
R.O.W.), along the north line of said H Street, south line of a called 47.709 acre tract being recorded
5/8 inches iron
2
R.O.W.) recorded in Nebraska Syndicate, volume 83, page 345, of the Map Records of Harris
County, Texas;
2. THENCE, South 03 degrees 03 minutes 04 seconds East, over and crossing said H Street, a
distance of 80.00 feet to a set 5/8 inches iron rod, being in the southeasterly corner of the herein
described tract of land, being in the south line of said H Street, the northeasterly corner of a called
line of said
3. THENCE South 86 degrees 55 minutes 55 seconds West, along the north line of said called
stnd
10.903 acre, over and crossing North 1 Street (60 feet wide), over and crossing North 2 Street
(60 feet wide), along the north line of a called 5.760 acre tract being recorded in Harris County
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No. 20008059130, over and crossing 4
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blocks 6 and 7 of Nebraska syndicate and over and crossing 6
Streets, a distance of 2,647.69 feet to
southwesterly corner of the herein described tract;
4. THENCE, North 03 degrees 03 minutes 04 seconds West, over and across of said called H Street,
a distance of 80.00 feet to the POINT OF BEGINNING and containing within these calls 4.863
acre (21,815.06 sq.ft.).
Section 2: Ordinance 2021-3855, passed by the La Porte City Council on December 13, 2021, is
hereby repealed in its entirety.
Section 3. In conjunction with the abandonment, vacation and closure of the aforementioned H
Street right-of-way the City of La Porte hereby abandons in place an existing eight (8)
inch fire suppression water main located within the said H street right-of-way, along
with two (2) fire hydrants connected to said water main and located appurtenant to the
said H Street right-of-way. Title to, and responsibility for maintenance of, the said fire
suppression water main and two (2) fire hydrants located appurtenant to the H Street
right-of-way shall transfer to CRENSHAW REAL PROPERTIES II, Ltd., upon the
abandonment, vacation and closure of the said H Street right-of-way. Henceforth, any
relocation of the said existing eight (8) inch fire suppression line by CRENSHAW
REAL PROPERTIES II, Ltd. or by its successors or assigns, shall be at the sole cost
and expense of REAL PROPERTIES II, Ltd. or its successors or assigns, as the case
may be.
Section 4. If the future development of adjacent properties necessitates the relocation of the
existing service line connecting the aforementioned eight (8) inch fire suppression
water main within the said H Street right-of-way and the water main situated within the
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8 Street right-of-way, CRENSHAW REAL PROPERTIES II, Ltd. and FRONTIER
PORT PROPERTIES, LLC., or their successors and assigns, as the case may be, shall
be responsible for the relocation of such service line and at its sole cost and expense.
Section 5. That the City Manager is hereby authorized to execute and deliver a Deed Without
Warranty to CRENSHAW REAL PROPERTIES II, Ltd. and FRONTIER PORT
PROPERTIES, LLC.
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Section 6. That the abandonment, vacation and closure provided for herein is made and accepted
subject to all present zoning and deed restrictions if the latter exist, and all easements,
whether apparent or non-apparent, aerial, surface or underground.
Section 7. That the abandonment, vacation and closure provided for herein shall extend only to
the public right, title, easement and interest and shall be construed to extend only to
that interest which the governing body for the City of La Porte may legally and lawfully
abandon, vacate and close.
Section 8. CRENSHAW REAL PROPERTIES II, Ltd. and FRONTIER PORT PROPERTIES,
LLC shall pay all costs associated with procedures necessitated by the request to
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abandon the H Street right-of-way situated between North Broadway Street and 8
Street, as described in this Ordinance, plus compensation for the market value of such
abandoned property in accordance Chapter 62 of the City of La Porte Code of
Ordinances.
Section 9. The City Council officially finds, determines, recites, and declares that a sufficient
written notice of the date, hour, place, and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time
required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered, and formally acted upon. The City
Council further ratifies, approves, and confirms such written notice and the contents
and posting thereof.
Section 10. If any part or portion of this ordinance shall be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect or impair any remaining portions or
provisions of the ordinance.
Section 11. This ordinance shall be effective from and after its approval.
PASSED AND APPROVED THIS 14th day of February 2022.
CITY OF LA PORTE, TEXAS
______________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ____________________________
Lee Woodward, City Secretary Clark Askins, Assistant City Attorney
DEED WITHOUT WARRANTY
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: _____________________, 2022
Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, Texas 77571
Grantee: FRONTIER PORT PROPERTIES, LLC
Mailing Address: 101 East Barbours Cut Blvd., La Porte, Texas 77571
Consideration: Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property: (including any improvements):
The South one-half of the H Street right-of-way (being a width of 40 feet), from the midpoint
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of the intersection of the said H Street right-of-way and the 2 Street right-of-way to the
western right-of-way line of the North Broadway Street right-of-way (being a length of 621.29
feet) and containing a total of 24,851 square feet, such property being out of and part of the H
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Street right-of-way situated between North Broadway Street and 8 Street and closed by the
City of La Porte, Texas, under Ordinance No. 2022-______, passed on February ___ 2022, and
the entirety of which closed right-of-way is more fully described as follows:
A tract of land containing 4.863 acre (211,815.06 sq. ft.), being all
in Volume 83, Page 345 Harris County Deed Records, and being in the John
Hunter Survey, Abstract Number 35, Harris County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a five eighths inches iron rod set for the northwesterly
th
corner of the herein described tract of land, in the west line of 8
f the
said Nebraska Syndicate, and said BEGINNING POINT having a Texas State
Plane Coordinate System, South Central Zone (4204) Value of X =
3,229,519.31 and Y = 13,814,669.87 (GRID):
1. THENCE, North 86 degrees 55 minutes 55 seconds East, over and
th
across said 8
H Street, south line of a called 47.709 acre tract being recorded
f
being in the northeasterly corner of the herein described tract of
land, southeasterly corner of said Restricted Reserve A, in the
in
Nebraska Syndicate, volume 83, page 345, of the Map Records of
Harris County, Texas;
2. THENCE, South 03 degrees 03 minutes 04 seconds East, over and
crossing said H Street, a distance of 80.00 feet to a set 5/8
inches iron rod, being in the southeasterly corner of the herein
described tract of land, being in the south line of said H Street,
the northeasterly corner of a called 10.903 acre tract being
.O.W.):
3. THENCE South 86 degrees 55 minutes 55 seconds West, along the
st
north line of said called 10.903 acre, over and crossing North 1
nd
Street (60 feet wide), over and crossing North 2 Street (60 feet
wide), along the north line of a called 5.760 acre tract being
th
20008059130, over and crossing 4
north line of a called 5.007 acre tract being recorded in Harris
th
blocks 6 and 7 of Nebraska syndicate and over and crossing 6
th
feet toa n set 5/8 inches iron rod with cap
the southwesterly corner of the herein described tract;
4. THENCE, North 03 degrees 03 minutes 04 seconds West, over and
across of said called H Street, a distance of 80.00 feet to the
POINT OF BEGINNING, and containing within these calls 4.863 acre
(21,815.06 sq.ft.).
As an express condition of this transfer Grantor conveys to Grantee and abandons in place an existing
eight (8) inch fire suppression water main located within the conveyed Property, along with two (2) fire
hydrants located appurtenant to the conveyed Property, as illustrated on the diagram attached hereto as
Exhibit A and incorporated by reference, which water main and fire hydrants are accepted by Grantee
. Furthermore, any relocation of the said eight (8) inch fire
suppression line, or the existing service line connecting said eight (8) inch fire suppression water
th
main and the water main situated within the 8 Street right-of-way by Grantee or by its successors
or assigns, shall be at its sole cost and expense.
Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all
and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and
covenants, if any, applicable to and enforceable against the above-described property as reflected by the
records of the county clerk of the aforesaid county.
Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys
to Grantee the property without express or implied warranty, and all warranties that might arise by
common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded.
Attest: City of La Porte, Texas
_________________________________ By: _______________________________
Lee Woodward Corby D. Alexander
City Secretary City Manager
Approved as to form:
__________________________
Clark T. Askins
Assistant City Attorney
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on _____ day of ____________, 2022, by Corby
D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation.
____________________________________
Notary Public, State of Texas
ACCEPTED BY:
_________________________
Title: ______________________
FRONTIER PORT PROPERTIES, LLC
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on _____ day of ______________, 2022, by
____________________, ________________ of FRONTIER PORT PROPERTIES, LLC.
____________________________________
Notary Public, State of Texas
DEED WITHOUT WARRANTY
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: _____________________, 2022
Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, Texas 77571
Grantee: CRENSHAW REAL PROPERTIES II, LTD.
Mailing Address: 1655 Louisiana St., Beaumont, Texas 77701
Consideration: Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property: (including any improvements):
Being the entirety of the H Street right-of-way, situated between North Broadway Street and
th
8 Street and closed by the City of La Porte, Texas under Ordinance No. 2022-______, passed
on February ___, 2022, and which H Street right-of-way is more full described below, SAVE
AND EXCEPT that portion of the said H Street right-of-way described as the south one-half
of the H Street right-of-way (being a width of 40 feet), from the midpoint of the intersection
nd
of the said H Street right-of-way and the 2 Street right-of-way to the western right-of-way
line of the North Broadway Street right-of-way (being a length of 621.29 feet) and containing
a total of 24,851 square feet, and conveyed by the City of La Porte, Texas to Frontier Port
Properties, LLC by deed dated _________, 2022.
A tract of land containing 4.863 acre (211,815.06 sq. ft.), being all
in Volume 83, Page 345 Harris County Deed Records, and being in the John
Hunter Survey, Abstract Number 35, Harris County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a five eighths inches iron rod set for the northwesterly
th
corner of the herein described tract of land, in the west line of 8
said Nebraska Syndicate, and said BEGINNING POINT having a Texas State
Plane Coordinate System, South Central Zone (4204) Value of X =
3,229,519.31 and Y = 13,814,669.87 (GRID):
1. THENCE, North 86 degrees 55 minutes 55 seconds East, over and
th
across said 8
H Street, south line of a called 47.709 acre tract being recorded
being in the northeasterly corner of the herein described tract of
land, southeasterly corner of said Restricted Reserve A, in the
Nebraska Syndicate, volume 83, page 345, of the Map Records of
Harris County, Texas;
2. THENCE, South 03 degrees 03 minutes 04 seconds East, over and
crossing said H Street, a distance of 80.00 feet to a set 5/8
inches iron rod, being in the southeasterly corner of the herein
described tract of land, being in the south line of said H Street,
the northeasterly corner of a called 10.903 acre tract being
recorded in Harris
3. THENCE South 86 degrees 55 minutes 55 seconds West, along the
st
north line of said called 10.903 acre, over and crossing North 1
nd
Street (60 feet wide), over and crossing North 2 Street (60 feet
wide), along the north line of a called 5.760 acre tract being
th
20008059130, over and crossing 4
north line of a called 5.007 acre tract being recorded in Harris
th
blocks 6 and 7 of Nebraska syndicate and over and crossing 6
th
R.O.W.) Streets, a distance of 2,647.69
the southwesterly corner of the herein described tract;
4. THENCE, North 03 degrees 03 minutes 04 seconds West, over and
across of said called H Street, a distance of 80.00 feet to the
POINT OF BEGINNING, and containing within these calls 4.863 acre
(21,815.06 sq.ft.).
As an express condition of this transfer Grantor conveys to Grantee and abandons in place an existing
eight (8) inch fire suppression water main located within the conveyed Property, along with two (2) fire
hydrants located appurtenant to the conveyed Property, as illustrated on the diagram attached hereto as
Exhibit A and incorporated by reference, which water main and fire hydrants are accepted by Grantee
. Furthermore, any relocation of the said eight (8) inch fire
suppression line, or the existing service line connecting said eight (8) inch fire suppression water
th
main and the water main situated within the 8 Street right-of-way by Grantee or by its successors
or assigns, shall be at its sole cost and expense.
Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all
and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and
covenants, if any, applicable to and enforceable against the above-described property as reflected by the
records of the county clerk of the aforesaid county.
Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys
to Grantee the property without express or implied warranty, and all warranties that might arise by
common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded.
Attest: City of La Porte, Texas
_________________________________ By: _______________________________
Lee Woodward Corby D. Alexander
City Secretary City Manager
Approved as to form:
__________________________
Clark T. Askins
Assistant City Attorney
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on _____ day of ____________, 2022, by Corby
D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation.
____________________________________
Notary Public, State of Texas
ACCEPTED BY:
_________________________
Title:______________________
CRENSHAW REAL PROPERTIES II, LTD.
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on _____ day of ________________ 2022_ by
_____________________________, __________________________ of CRENSHAW REAL
PROPERTIES II, LTD.
____________________________________
Notary Public, State of Texas
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C.
P.O. Box 1218 P.O. Box 1218
La Porte, TX 77572-1218 La Porte, TX 77572-1218
ROW CLOSURE
SAC
#21-25000005
H St. ROW
Legend
Water Main
Proposed ROW Closure
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 334 feet
BARBOURS CUT
APRIL 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
R.C. Chuoke & Associates, Inc.
Appraisers & Consultants
P.O. Box 1447 Office- 281-338-9633
League City, Texas 77574 Fax- 281-338-9533
December 17, 2019
City of La Porte
P.O. Box 1115
La Porte, Texas 77572
RE: Restricted Appraisal regarding the estimated Market Value of portions
of North 2nd Street and North 4th Street both unopened right of ways
situated between W. Barbour's Cut Blvd. and H Street, La Porte, Harris
County, Texas.
Dear Sirs:
In accordance with your request, I have inspected the following described
property for the purpose of estimating the Market Value following described
property as of the date of this Restricted Appraisal. As per our agreement, the
data and analysis is presented in an abbreviated Restricted Appraisal format
and is not intended to contain the full analysis.
BRIEF LEGAL DESCRIPTION OF PROPERTY
Known as +-1.129 acres of land out of a portion of North 2nd Street and +-
1.129 acres of land situated a portion of North 4th Street, both being unopened
right of ways between Barbour's Cut Blvd and H Street located in the City of
La Porte, Harris County, Texas. (See attached surveys know located in the
addenda).
I hereby certify that I have personally inspected the property described via a
street inspection and that all data gathered by my investigation is from
sources believed reliable and true. In preparing this Restricted Appraisal, a
study of comparable sales and other related market data was performed. Per
instructions from the client the market value indicated reflects the unit value
of the subject property before any discounting for use as a public right of way
application. This market value indication does not reflect any discounting for
use as a public right of way.
It should clearly be understood that this letter only constitutes only a
statement of the final value and that does not presume to be the complete
analysis of the subject property nor a complete appraisal format and is subject
.....Page 2 Continued......
to the preparation of a detailed appraisal report. The North 2nd Street ROW is
described by the survey as a total of +-1.129 acres or 49,179 square feet of land area. This
tract consists of a portion of the unopened North 2nd Street right of way which is 80' X
820.02'. The North 4th Street ROW is described by the survey as a total of +-1.129
acres or 49,179 square feet of land area. This tract consists of a portion of the unopened
North 2nd Street right of way which is 80' X 820'. Both right of ways are located north of
Barbour's Cut Blvd and east of State Highway 146 in north La Porte. The subject site is
generally flat and level in terms of topography. It is not located in the 100 year flood plain.
Adjacent property uses consist primarily of commercial and light industrial property uses.
The adjacent and nearby properties are zoned for light industrial and business industrial
use by the City of La Porte. The Highest and Best Use of the subject property is
determined to be for use either for a street right of way, however it may have an alternative
use by adjacent property owners due to its configuration. The client and intended user of
this appraisal is the City of La Porte only. The intended use is to estimate the current
market value of the subject property of this analysis as described above for use in
establishing a market value for the subject property by the client. There has been no
transfer of the subject property noted for the past 36 months per appraisal district records.
The effective date of the appraisal is December 9, 2019 and last site inspection is
December 16, 2019. The date of the report is December 17, 2019. The estimated
exposure time is up to 24 months.
Other sales of generally similar properties in the subject neighborhood were
researched that had locations that range from primary to secondary type roadways.
A unit value range of between $2.00 PSF to over $8.00 PSF was noted. After
adjustments, it is my opinion the estimated unit value range for the subject
property would be a unit value of $2.50 PSF before any additional discounting
by the "City".
Therefore the unit market value of the subject tract is estimated at $2.50 PSF
which is based on 100% fee simple ownership with no discounting
applied for use as a public right of way.
Respectfully Submitted,
Chris Chuoke, President
R.C. CHUOKE & ASSOCIATES , INC.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: February14, 2022
003UtilityCapital
Requested By:Shelley Wolny, Asst. Director
ImprovementFund
Source of Funds:
Department:
Finance
Account Number:
ReportResolutionOrdinance
Amount Budgeted:$0
Amount Requested:$99,095
Exhibits:Ordinance, Exhibits A & B and Detail
Information(Exhibit C)
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
The City of La Porte City Council adopted the Fiscal Year 2021-22Budget on
September 13, 2021. Due to a grave public necessity and to meet an unusual and
unforeseen condition that could not have been included in the original budget, staff is
requesting a budget amendment for FY 2021-22in the amount of $99,095fora
professional services contract with Cobb Fendley. The contract will provideengineering
required for utility relocations related to the State Highway 146 widening project.
The Summary of Funds, which is shown below, represents the original adopted budget,
the amendments which Council previously approved to the FY 2021-22Budget.
(*denotes funds with current changes)
FY 2022Proposed FY
FY 2022Revised 2022
Original BudgetAmended
Budget(12/13/21)Budget
General Fund $ 59,219,618$ 59,319,773$ 59,319,773
Grant Fund11,869,02311,869,02311,869,023
Street Maintenance Sales Tax 1,703,0001,703,0001,703,000
Fund
Emergency Services District 1,495,4631,495,4631,495,463
Sales Tax Fund
Hotel/Motel Occupancy Tax1,032,6821,032,6821,032,682
Economic Development 3,087,7713,087,7713,087,771
Corporation
Tax Increment Reinvestment 3,642,9803,642,9803,642,980
Zone
Utility9,360,0329,418,0329,418,032
Airport 109,721109,721109,721
La Porte Area Water Authority1,778,9791,778,9791,778,979
Motor Pool 4,080,493 4,080,493 4,080,493
Insurance Fund 9,333,698 9,333,698 9,333,698
Technology Fund 539,024 539,024 539,024
General Capital Improvement 3,705,823 3,705,823 3,705,823
Utility Capital Improvement 690,000 690,000 789,095 *
Sewer Rehabilitation Capital 350,000 350,000 350,000
Improvement
Drainage Improvement Fund 1,976,520 1,976,520 1,976,520
2021 C/O Bond Fund 1,100,000 1,100,000 1,100,000
General Debt Service 5,027,196 5,027,196 5,027,196
Total of All Funds $120,102,023 $120,260,178 $120,359,273
ACTION REQUIRED BY CITY COUNCIL
Adopt ordinance 2021- 3868 approving an amendment to the
2021-22 Budget for a total of $99,095 for a professional services contract with
Cobb Fendley.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE 202-3868
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1, 2021, THROUGH SEPTEMBER 30, 2022; FINDING THAT
ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require
that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior
to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of
said Budget; and
WHEREAS, the Budget for the fiscal year October 1, 2021, through September 30, 2022, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 27, 2021, and a public hearing scheduled for September 13, 2021 was duly advertised
and held, and said Budget was finally approved by ordinance on September 13, 2021;
WHEREAS, Subsection (b) of Section 102.009 of the Texas Local Government Code provides that, after
final adoption of the budget, the governing body of the municipality may spend municipal funds only in
strict compliance with the budget, except in emergency, where in such cases the governing body of the
municipality may authorize an emergency expenditure as an amendment to the original budget only in
the case of grave public necessity to meet an unusual and unforeseen condition that could not have been
included in the original budget through the use of reasonably diligent thought and attention;
WHEREAS, Section 102.010 of the Texas Local Government Code provides that the governing body of
a municipality may make changes to its budget for municipal purposes;
WHEREAS, the adoption of this ordinance and the amendment of the Budget is necessary for and in the
best interest of the health, safety and general welfare of the inhabitants of the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. A grave public necessity exists and to meet an unusual and unforeseen condition that could
not have been included in the original budget through the use of reasonably diligent thought and attention,
the Budget must be amended and revised with respect to those appropriations set forth in Exhibit C,
attached hereto by reference and made part hereof. In support thereof, the City Council finds that
additional expenditures are necessary for the following purposes: $99,095.00, to fund a professional
services contract to provide engineering required for utility relocations necessitated by the State Highway
146 widening project. Such additional expenditures are more specifically described on Exhibit C.
SECTION 2: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and a summary of which is
attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget
summary document, attached hereto by reference as Exhibit “B”, as the Budget for the said City of La
Porte, Texas, for the period of October 1, 2021, through September 30, 2022.
SECTION 3. The several amounts stated in Exhibit C as the requested additional expenditures are hereby
appropriated to and for the objects and purposes therein named and are found to be for municipal
purposes.
SECTION 4. The amended and revised expenditures contained in the Budget, do not exceed the
resources of each fund, as so amended and revised.
SECTION 5: The City Council finds that all things requisite and necessary to the adoption of said Budget
and the amendments made hereto have been performed as required by charter or statute.
SECTION 6. Upon the passage and adoption of this ordinance, a copy of the ordinance shall be filed with
the City Secretary, who shall attach a copy of same to the original budget.
SECTION 7: The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting
has been open to the public as required by law at all times during which this Ordinance and the subject
matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION 8: This Ordinance shall be in effect from and after its passage and approval.
th
PASSED AND APPROVED this the 14day ofFebruary2022.
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
ATTEST:
Lee Woodward, City Secretary
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
EXHIBIT A
(ADOPTED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 21-22FY 21-22
RevenuesExpenses
Governmental Fund Types:
General Fund$ 55,730,612$ 59,219,618
Grant Fund 8,303,275 11,869,023
Street Maintenance Sales Tax 1,503,500 1,703,000
Emergency Services District 1,502,500 1,495,463
Hotel/Motel Occupancy Tax 652,000 1,032,682
Economic Development Corporat 3,009,000 3,087,771
Tax Increment Reinvestment 7,375,143 3,642,980
Total Governmental Types 78,076,030 82,050,537
Enterprise:
Utility 8,256,000 9,360,032
Airport 59,500 109,721
La Porte Area Water Authority 1,969,354 1,778,979
Total Enterprise 10,284,854 11,248,732
Internal Service
Motor Pool 4,275,738 4,080,493
Insurance Fund 10,320,731 9,333,698
Technology Fund 479,633 539,024
Total Internal Service 15,076,102 13,953,215
Capital Improvement:
General 5,438,531 3,705,823
Utility 652,000 690,000
Sewer Rehabilitation 300,500 350,000
Drainage Improvement Fund 1,892,000 1,976,520
2021 Certificates of Obligation - 1,100,000
Total Capital Improvement 8,283,031 7,822,343
Debt Service:
General 5,029,752 5,027,196
Total Debt Service 5,029,752 5,027,196
Total All Funds$ 116,749,769$ 120,102,023
EXHIBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 21-22FY 21-22
RevenuesExpenses
Governmental Fund Types:
General Fund$ 55,730,612$ 59,319,773
Grant Fund 8,303,275 11,869,023
Street Maintenance Sales Tax 1,503,500 1,703,000
Emergency Services District 1,502,500 1,495,463
Hotel/Motel Occupancy Tax 652,000 1,032,682
Economic Development Corporat 3,009,000 3,087,771
Tax Increment Reinvestment 7,375,143 3,642,980
Total Governmental Types 78,076,030 82,150,692
Enterprise:
Utility 8,256,000 9,418,032
Airport 59,500 109,721
La Porte Area Water Authority 1,969,354 1,778,979
Total Enterprise 10,284,854 11,306,732
Internal Service
Motor Pool 4,275,738 4,080,493
Insurance Fund 10,320,731 9,333,698
Technology Fund 479,633 539,024
Total Internal Service 15,076,102 13,953,215
Capital Improvement:
General 5,438,531 3,705,823
Utility 652,000 789,095
Sewer Rehabilitation 300,500 350,000
Drainage Improvement Fund 1,892,000 1,976,520
- 1,100,000
Total Capital Improvement 8,283,031 7,921,438
Debt Service:
General 5,029,752 5,027,196
Total Debt Service 5,029,752 5,027,196
Total All Funds$ 116,749,769$ 120,359,273
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:February 14,2022
Requested By:Ray Mayo, Director Source of Funds:
Department:Public Works
Account Number:
Amount Budgeted:$ 0
ReportResolutionOrdinance
Amount Requested:$99,095.00
Exhibits:Consultant Proposal for Utility Relocations,
Budgeted Item:YesNo
Project estimate, Conflict Listing
SUMMARY& RECOMMENDATION
Texas Department of Transportation (TxDOT) intends to provide drainage
improvements in conjunction with the wideningof State Highway 146 from Spencer
Highway to Red Bluff.Multiple water and sewer lines cross the Highway 146 corridorin
this section. Four (4) of these have been determined to have a conflict with the
proposed drainage improvements. Two (2) of these conflicts will require the pipes to be
relocated at deeper depths to avoid the conflict. The two (2) remaining conflictsare able
to remain in place, but will require a concrete encasement to protect the utility.
Cobb Fendley,has been involved in many phases of the TxDOT 146 widening and has
provided a proposal for design and coordination of utility agreements to meet TxDOT
requirements. This scope of this work was notavailable during the budget planning
process. Funds can be appropriated by a budget amendment.To minimize cost,
disruption to traffic flow, and delays to the widening project, construction work to
address the utility conflicts will be conducted in conjunction with the widening project.
ATxDOTcontractorwill perform the work and the City will have input and oversight of
the work specific to the utility lines.An agreement will be negotiated for the actual
construction costsand fundswill be programmed for the FY 22-23 budget.Construction
costs are currently estimated at $782,520.00
Staff recommendsapproval of a budget amendment andacceptance of the proposal
from Cobb Fendley to provide these professional engineering services for the City of
La Porte.
Benefits:
Design efforts can be accomplished in a suitable timeframe.
Construction efforts can be combined into the highwayimprovement project.
Liabilities:
Conflict information was not available during budget planning process.
Not authorizing the design work now will impact the timeline for these needed
projects, potentially impacting the lines in conflict, delaying the widening project,
or increasing costs to address the conflicts.
ACTION REQUIRED BY CITY COUNCIL
Authorizethe City Manager to execute a professional services contract with
Cobb Fendley for engineering required for utility relocations related to the State
Highway 146 widening project.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:February 14,2022
Requested By:Ray Mayo, Director Source of Funds:
Department:Public Works
Account Number:
Amount Budgeted:$ 0
ReportResolutionOrdinance
Amount Requested:$99,095.00
Exhibits:Consultant Proposal for Utility Relocations,
Budgeted Item:YesNo
Project estimate, Conflict Listing
SUMMARY& RECOMMENDATION
Texas Department of Transportation (TxDOT) intends to provide drainage
improvements in conjunction with the wideningof State Highway 146 from Spencer
Highway to Red Bluff.Multiple water and sewer lines cross the Highway 146 corridorin
this section. Four(4) of these have been determined to have a conflict with the
proposed drainage improvements. Two (2) of these conflicts will require the pipes to be
relocated at deeper depths to avoid the conflict. The two (2) remaining conflictsare able
to remain in place, but will require a concrete encasement to protect the utility.
Cobb Fendley,has been involved in many phases of the TxDOT 146 widening and has
provided a proposal for design and coordination of utility agreements to meet TxDOT
requirements. This scope of this work was notavailable during the budget planning
process. Funds can be appropriated by a budget amendment.To minimize cost,
disruption to traffic flow, and delays to the widening project, construction work to
address the utility conflicts will be conducted in conjunction with the widening project.
ATxDOTcontractorwill perform the work and the City will have input and oversight of
the work specific to the utility lines.An agreement will be negotiated for the actual
construction costsand fundswill be programmed for the FY 22-23 budget.Construction
costs are currently estimated at $782,520.00
Staff recommendsapproval of a budget amendment andacceptance of the proposal
from Cobb Fendley to provide these professional engineering services for the City of
La Porte.
Benefits:
Design efforts can be accomplished in a suitable timeframe.
Construction efforts can be combined into the highwayimprovement project.
Liabilities:
Conflict information was not available during budget planning process.
Not authorizing the design work now will impact the timeline for these needed
projects, potentially impacting the lines in conflict, delaying the widening project,
or increasing costs to address the conflicts.
ACTION REQUIRED BY CITY COUNCIL
Authorize the City Manager to execute a professional services contract with
Cobb Fendley for engineering required for utility relocations related to the State
Highway 146 widening project.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:February 14, 2022
N/A
Requested By:Corby Alexander, City Manager Source of Funds:
Department:
Account Number:
N/A
Amount Budgeted:
ReportResolutionOrdinance
N/A
Amount Requested:
Exhibits: Original Section 380 Agreement
Budgeted Item:YesNo
Oakland Land and Development letter
380 Amendment
SUMMARY& RECOMMENDATION
The City of La Porte has executeda Chapter 380 agreement with the Oakland Land &
Development, INCin2017. This agreement provided incentives to
owner/developer for improvements to belocated within a thirty (30) acre area between West G
th
Street and West D Street, bordered to the west by South 15Street and to the east by a
drainage way. The construction timeline given by the Developer was to occur over a six (6) year
period with a total minimum capital investment of $12,000,000.00.
In the agreement, the City agreed to reimburse the Developerup to $362,458 to be made in
installments as development occurs.To date, the City has paid $280,397.46inreimbursements
in accordance withthe agreement. The company has maintained contact with the city through
the entirety of this agreement.
Oakland Land and Developmenthas requestedfor a two-year extension of the agreement, due
to the Covid-19 pandemic,unforeseen health issues, shortage of construction materials,and the
death of the lead project design consultant.
ACTION REQUIRED BY CITY COUNCIL
Consider and/or approve amendment to Chapter 380 agreement with Oakland Land
and Development, INC.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
OAKLAND LAND & DEVELOPMENT, LLC
P.O. BOX 952
NATCHEZ, MS 39121
601-442-6648
December 2, 2021
Mr. Corby Alexander
City Manager
City of La Porte
604 W Fairmont Pky
La Porte, TX 77571
Re: Development Agreement between the City of La Porte
and Oakland Land & Development, LLC dated by
signature of Mr. Alexander for the City on March 27, 2017.
Dear Mr. Alexander,
As per our conversation several weeks ago, I am writing this letter to request a two year
extension of our development agreement with the city as referenced above.
Due to the COVID-19 epidemic, unforeseen health issues with one of the partners in our
business, the shortage of construction materials and the untimely death of Mr. Bill Campbell, our
lead designer, our construction schedule has been unavoidably delayed.
th
We are currently waiting on permits to finish the construction at 600 South 14 Street and 421
th
North 11 Street, 421 not being a part of our development agreement. H2B, Inc., our new
engineering firm, is working on the overall design for the remaining property to be developed in
Sector 23 and we hope to have it finished soon.
Thank you for your consideration of this request and we look forward to your favorable
response.
Sincerely,
___________________
Jeff Burkhalter
Member-Manager
STATE OF TEXAS §
§
COUNTY OF HARRIS §
AMENDED AND RESTATED TEXAS LOCAL GOVERNMENT CODE CHAPTER 380
AGREEMENT FOR REIMBURSEMENT OF PAYMENT FOR CLOSURE OF STREET
RIGHT-OF-WAY, BETWEEN OAKLAND LAND & DEVELOPMENT,INC., A
MISSISSIPPI CORPORATION, AND THE CITY OF LA PORTE, TEXAS
This AMENDED AND RESTATED AGREEMENT is entered into by and between the City of La
Porte, Texas, a Texas municipal corporation of Harris County, Texas
("CITY"), and Oakland Land
& Development, Inc., a Mississippi Limited Liability Corporation (hereinafter called
"DEVELOPER"). DEVELOPER andCITYmaybereferredtojointlyhereinasthe"Parties"and
individually as a "Party."
WITNESS ETH:
WHEREAS, Article III, Section 52-a of the Texas Constitution and Chapter 380 of the Texas Local
Government Code provides statutory authority for a local government to establish and provide for the
administration of one or more programs, for making loans and grants and providing personnel and
services of the municipality, to promote state or local economic development and to stimulate
business and commercial activity in the municipality;
WHEREAS, CITY has found that providing a program consisting of a grant of funds to
DEVELOPER in exchange for DEVELOPER'S completion of the Project proposed by DEVELOPER
will promote local economic development and stimulate business and commercial activity and create
jobs within the CITY (hereafter referred to as "PROGRAM"); and
WHEREAS, the Project proposed by DEVELOPER will additionally benefit CITY by generating
revenue from the assessment of ad valorem tax on personal property, inventory and real property; and
WHEREAS, CITY has determined that the PROGRAM will directly establish a public purpose and
that all transactions involving the use of public funds and resources in the establishment and
administration of the PROGRAM contain controls likely to ensure that the public purpose is
accomplished; and
NOW THEREFORE, for the reasons stated in these Recitals, which are incorporated into and made
part of this Agreement, and in consideration of the mutual covenants and obligations herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows:
Section 1. The Project.
1.1 DEVELOPER is planning to construct approximately twenty-two (22)
office/industrial/warehouse buildings within a thirty (30) acre area in La Porte, Texas, between West
G Street and West D Street and bordered to the west by South 15th Street and to the east by a drainage
way (F2 I 6 Linear detention pond, including Blocks 866, 864, and 863), which project is more
particularly described in Exhibit A (the "Project" herein) and the location of DEVELOPER'S
tracts is more particularly described in Exhibit B (the "Property" herein). Construction of
said buildings is estimated to occur over an six (6) year period (8) year period with a total
minimum capital investment by DEVELOPER of $12,000,000.00.
1.2AsapreconditiontoimplementationoftheProject,DEVELOPERdeterminedthat it was
necessary to close, vacate and abandon portions of the existing rights-of-way within Sector
th
23 between West Main Street, SH 146, West Fairmont Parkway, and North 16 Street (the
"Rights-of Way" herein), which currently separates separated DEVELOPER'S tracts, in order
th
to consolidate said tracts and thereafter construct street access along West F Street, 14 Street,
and West E Street (see Exhibit
C) to facilitate the construction and development of the
proposed Project.
1.3 DEVELOPER completed applications and received approval of the La Porte City Council to
close, vacate and abandon the Rights of Way pursuant to Chapter 62, Article II of CITY's
Code of Ordinances, more fully described in Exhibit D.
1.4. DEVELOPER has paid CITY $362,457.94 for Rights-of -Way closure described in Section
1.3 above.
1.5 In exchange for the development of the Project, and attainment of certain performance
standards upon completion of the Project as more fully described herein, DEVELOPER seeks
CITY's agreement to reimburse DEVELOPER for payment of fair market value required under
th
Chapter 62 of CITY'S Code of Ordinances, for construction of West F Street, 14 Street, and
West E Street.
Section 2. CITY Obligations.
2.1 CITY agrees to reimburse DEVELOPER in an amount not to exceed the payment of fair
market value received by CITY for closure of Rights-of-Way paid by DEVELOPER, in the form
of a grant pursuant to this Agreement and as allowed by Texas Local Government Code Chapter
380, as an inducement to DEVELOPER to complete the Project. However, as provided in Section
3 of this Agreement, CITY'S agreement to reimburse DEVELOPER is conditioned on
DEVELOPER's obligation to attain certain specified performance benchmarks in connection
with the Project. The failure of DEVELOPER to satisfy the specified performance benchmarks
shall provide CITY the right to forfeit such reimbursement and to be forever released from any
obligation to make such reimbursement.
2.2 Payments to DEVELOPER shall occur based on and in accordance with requirements
outlined in Section 3 for completed construction of buildings within the Property, as described
in Exhibit B. The DEVELOPER shall submit proof of Certificate of Occupancy and
documentation of capital investment for each building as completed. The capital investment for
each building relative to the total capital investment amount of $12,000,000.00 will determine
the payment amount for each submitted reimbursement request.
a. Individual reimbursement requests shall be pro-rated based on a total
incentive amount not to exceed $362,457.94.
b. In no case will reimbursement of the entire $362,457.94 be made if a copy of
the Certificate of Occupancy and documentation of capital investment totaling at
least $12,000,000.for all buildings is not submitted to the CITY by March 27,
2023. March 27, 2025.
c. In the case that proof of Certificate of Occupancy and documentation of capital
investment for an individual building or buildings are received on or
before March 27, 2025 March 27, 2023, the CITY shall convene a meeting of
the City Council for a date no later than forty-five (45) days after the receipt and final
verification of submitted documentation by CITY from DEVELOPER. Upon
verification ofthe completionof the aforementionedbuilding or buildings, as reflected
by a formal vote of the City Council that DEVELOPER has satisfied the requirements of
this paragraph, CITY will then remit payment to DEVELOPER within a period not to
exceed thirty (30) days.
Section 3. DEVELOPER Obligations.
3.1 As a condition for CITY's reimbursement of DEVELOPER'S payment of fair market value
for closure of Rights-of-Way as a grant to induce completion of the Project, DEVELOPER
promises to submit to CITY, and shall submit to CITY the following items, on or before the
deadline indicated in Section 5:
a) Proof of Certificate of Occupancy issued by CITY for each building situated on the
Property, with such building(s) having a minimum building footprint of 3,000 square
feet; and
b) Documentation substantiating capital investment of each building by DEVELOPER
for building construction and other related building improvements, which are necessary
to develop the proposed Project, not to include street improvements identified in Section
1.5. The total capital investment for all buildings must be at least $12,000,000.00.
3.2 DEVELOPER agrees that CITY will have the right to review the business records of
DEVELOPER that relate to the Project and this Agreement in order to determine
DEVELOPER'S compliance with the terms of this AGREEMENT. Such review shall occur
at any reasonable time and upon thirty (30) days' prior notice to DEVELOPER. To the extent
reasonably possible, DEVELOPER shall make all such records available in electronic form.
3.3 DEVELOPER shall not allow any portion of ad valorem taxes owed to CITY on the
Property, or any other property owned by DEVELOPER and located within the City of La
Porte, Texas to become delinquent beyond the date when due, and as such date may be extended
to permit protest of valuation or any appeal; nor shall DEVELOPER fail to render for taxation
any personal property, including inventory and equipment, owned by DEVELOPER and located
within the City of La Porte, Texas.
3.4 DEVELOPER covenants and certifies that DEVELOPER does not and will not knowingly
employ an undocumented worker as that term is defined by section 2264.01(4) of the Texas
Government Code. In accordance with Section 2265.052 of the Texas Government Code, if
DEVELOPER is convicted of a violation under 8 U.S.C. Section 1324a (t), DEVELOPER shall
forfeit reimbursement from the CITY.
Section 4. Force Majeure.
It is expressly understood and agreed by the parties to this Agreement that if the performance of
any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement
weather, governmental restrictions, regulations, or interferences, delays caused by the
franchise utilities, fire or other casualty, court injunction, necessary condemnation
proceedings, acts of the other party, its affiliates/related entities and/or their contractors, or
any actions or inactions of third parties or other circumstances which are reasonably beyond
the control of the party obligated or permitted under the terms of this Agreement to do or perform
the same, regardless of whether any such circumstance is similar to any of those enumerated or not
("Force Majeure"), the party so obligated or permitted shall be excused from doing or performing
the same during such period of delay, so that the time period applicable to such design or construction
requirement shall be extended for a period of time equal to the period such party was delayed.
Section 5. Term.
The term of this Agreement shall begin upon the execution hereof by both Parties and end either
upon the complete performance of all obligations and conditions imposed upon DEVELOPER
under this Agreement (unless sooner terminated in writing in accordance with this Agreement),
oronMarch27,2023March 27, 2025,whicheverdateoccursfirst.
Section 6. Indemnity.
DEVELOPER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND
ITS OFFICERS, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL CLAIMS,
LAWSUITS,JUDGMENTS,COSTSANDEXPENSESFORPERSONALINJURY(INCLUDING
DEATH), PROPERTY DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF
DAMAGES IS SOUGHT THAT ARISE OUT OF OR ARE OCCASIONED BY DEVELOPER'S
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, OR BY ANY
NEGLIGENT ACT OR OMISSION OF DEVELOPER, ITS OFFICERS, AGENTS, ASSOCIATES,
OR EMPLOYEES, IN THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY
LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF CITY OR ITS OFFICERS,
AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT
AND CONCURRENT NEGLIGENCE OF BOTH DEVELOPER AND CITY, RESPONSIBILITY,
IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY
GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS OR FEDERAL
LAW. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF
THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS,
CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY.
Section 7. Termination.
Termination for Misrepresentation. Notwithstanding any provision for notice of default and any
opportunity to cure provided for in this Agreement, CITY may terminate this Agreement
immediately by providing written notice to DEVELOPER, if DEVELOPER, its officers or
signatories to this Agreement misrepresented or misrepresents any material fact or information:
I) upon which CITY relied in entering into this Agreement; 2) upon which CITY relied in making
reimbursement to DEVELOPER; or 3) which served as an inducement for CITY to make a grant
to DEVELOPER.
Section 8. Personal Liability of Public Officials.
No employee or elected official of CITY shall be personally responsible for any liability
arising under or related to this Agreement. Under no circumstances shall City's actions or
obligations hereunder be deemed to create any debt within the meaning of any constitutional or
statutory provision.
Section 9. Venue and Governing Law.
This Agreement is performable in Harris County, Texas and venue of any action arising out of
this Agreement shall be exclusively in Harris County. This Agreement shall be governed and
construed in accordance with the laws of the State of Texas.
Section10.Notices.
Any notice required by this Agreement shall be deemed to be properly served if deposited in the
U.S.mail by certifiedletter, return receipt requested, addressedto the recipient at the recipient's
address shown below, subject to the right of either party to designate a different address by notice
given in the manner just described.
If intended for CITY, to:
City of La Porte, Texas
604 W. Fairmont Pkwy.
La Porte, Texas 77571
ATTN: City Manager
If intended for DEVELOPER, to:
Oakland Land & Development, Inc.
by: Jeff Burkhalter, Manager
PO Box 952
Natchez, MS 39121-0952
Section 11 Applicable Laws.
This Agreement is made subject to the prov1s1ons of the Charter and ordinances of CITY, as amended,
and all applicable state and federal laws (collectively, the "Applicable Laws"), and violation of same
shall constitute a default under this Agreement.
Section 12. Legal Construction.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or
unenforceable provision had never been contained in this Agreement.
Section 13. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed an
original and constitute one and the same instrument.
Section14.Captions.
The captions to the various clauses of this Agreement are for informational purposes only and shallnot
alterthesubstanceoftheterms and conditionsofthisAgreement.
Section15.SuccessorsandAssigns.
The termsand conditions of this Agreement are binding upon the successors and assigns of all partieshereto.
This Agreement SHALL NOT be assigned by DEVELOPER to any other person or entity,without prior,
written CITY approval. Written approval of the CITY shall be required for anassignment to an
Affiliate of DEVELOPER, but in such case approval shall not be unreasonablywithheld. "Affiliate of
DEVELOPER," as used herein, is defined as aparent, sister, partner, jointventure, or subsidiary entity
of DEVELOPER; any entity in which DEVELOPER is a majorshareholder,ownsanequityinterest,or
isajointventureorpartner(whethergeneralorlimited).
Section16.EntireAgreement.
This Agreement embodies the complete agreement of the parties hereto regarding waiver of paymentof the
fair marketvalue to close the Right-of-Wayin connectionwiththeProject, supersedingall oralor written
previous and contemporary agreementsbetweenthe parties, and except as otherwiseprovided herein
cannot be modified without written agreement of the parties to be attached to andmadeapartofthis
Agreement.
CITYOFLAPORTE, TEXAS
EXECUTED THIS ___ day of
_____________,2022,by CITY,signing
byandthrough itsCityManager.
___________________________________
OaklandLand&Development.Inc.
EXECUTED THIS ___day of
____________2022, by Jeff Burkhalter
__________________________________