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HomeMy WebLinkAbout1984-02-01 Regular Meeting• • MINUTES OF THE C~ I REGULAR MEETING OF THE LA PORTE CITY COUNCIL FEBRUARY 1, 1984 1. The meeting was called to order by PQayor Pro Tem Westergren at 7:00 P.M. Members of City Council Present: -Mayor Pro Tem Linda Westergren, Councilpersons Norman Malone, Ed Matuszak, Lindsay Pfeiffer, B. Don Skelton Members of City Council Absent: Mayor Virginia Cline, Council- persons John Longley, Kevin Graves, Deotis Gay Members of City Staff Present: Director of Administrative Services Bob Herrera, City Attorney Knox Askins, City Secre- tary Cherie Black, Chief Building Official David Paulissen, Police Chief Herb Freeman, Director of Public Works Jerry Hodge, Purchasing Agent Jackson Ray Others Present: Judy Dunn; Lt. Bobby Lee Powell; Lt. James • Lafitte; Helen Scott; Arlene Arends, Bayshore Sun-Broadcaster; 7 citizens 2. The invocation was given by Councilperson Skelton. 3. Council considered approving the minutes of the regular meeting Yield January 18, 1984. Motion was made by Councilperson Malone to approve the minutes of the January 18 meeting as presented. Second by Councilperson Skelton. The motion carried, 4 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Malone, Pfeiffer, Skelton, and Mayor Pro Tem Westergren Nays: None Abstain: Councilperson Matuszak 4. Council considered approving the minutes of the Special Called Meeting held January 19, 1984. Motion was made by Councilperson Matuszak to approve the minutes of the January 19 meeting as presented. Second by Councilperson Skelton. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Malone,. Matuszak, Pfeiffer, Skelton and • Mayer Pro Tem Westergren Nays: None __ • • Minutes, Regular Meeting, La Porte City Council February 1, 1984, Page 2 5. Mayor Pro Tem Westergren presented a proclamation declaring February 1984 as "Heart Month." Ms. Judy Dunn accepted the proclamation for the American Heart Association. Councilperson Malone, in the name of the Heart Association, invited City Council and all interested citizens to a break- fast on February 14 to be held at Reed'`s Bakery in Pasadena at 7:00 a.m. This is to be held in conjunction with an auction, and proceeds benefit the Heart Fund. A special appreciation award was presented to Lt. Bobby Lee Powell in recognition of his service with the La Porte Police Department which earned-him the 100 Club's Officer. of the Year Award this year. 6. Council considered approving a resolution on Sylvan Beach Park repairs. City Attorney Askins read: A Resolution Urging Harris .County Commissioner's Court to Expedite Repairs and Restoration of • Hurricane Alicia Storm Damage to Sylvan Beach Park; and Pro- viding an Effective Date Hereof. Motion was made by Councilperson Skelton to ap rove Resolution No. 84-1 as read by the City Attorney. .Second by Councilperson Matuszak. The motion carried,. 5 ayes and 0 nays... 7. Council considered an ordinance calling the annual election. City Attorney Askins read: AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTS; CALLING A RUN-OFF ELECTION, IF NECESSARY.; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING FOR THE HOLDING OF A JOINT ELECTION WITH THE LPi PORTS INDEPENDENT SCHOOL DISTRICT; PROVIDING A SAVINGS CLAUSE; FINDING COMPLI- ANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council erson Malone to adopt Ordinance No. 1397 as read by the City Attorney. Second by Councilperson Matuszak. The motion carried, 5 ayes and 0 nays. • Ayes: Councilpersons Malone,. Matuszak, Pfeiffer, ,Skelton, ,and Mayor Pro Tem Westergren Nays: None • • • Minutes, Regular Meeting, La Porte City Council February 1, 1984, Page 3 8. Council considered an ordinance approving the College View Municipal Utility District bond sale. City Attorney Askins read: AN ORDINANCE CONSENTING TO THE ISSUANCE AND SALE OF BONDS BY COLLEGE VIEW MUNICIPAL UTILITY DISTRICT. Motion was made by Councilperson Skelton to adopt Ordinance No. 1398 as read by the City Attorney. Second by Councilperson Pfeiffer. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Skelton and Mayor Pro Tem Westergren Nays: None 9. Council considered approving an Industrial District Agreement with Liquid Air. City Attorney Askins explained that the controversy involving failure to negotiate an industrial district renewal with the previous owners had been resolved, that all back taxes, interest • and penalty and 1983 taxes had been paid... The expiration date of the contract will be in conformance with the rest of the City's Industrial District Agreements, which, is 1986. Motion was made by Councilperson Pfeiffer to approve the In- dustrial District Agreement with Liquid Air.. Second by Councilperson Skelton.. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Skelton and Mayor Pro Tem Westergren Nays: None 10. Council considered awarding a bid for water and sewer supplies. Motion was made by Councilperson Matuszak to award the bid for water and sewer su lies to Golden Triangle for Sections I, IV and V in the amounts of $.24,649.04., $6,334.26, and 13,826.64 res ectivel Munici al Pi e and Fabricating, Section II in the amount of $12,257.90; .and Section III in the amount of 8,482.13 to Utility Supply. Second by Councilperson Malone. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Skelton and Mayor Pro Tem Westergren Nays: None • • . • Minutes, Regular Meeting, La Porte City Council February 1, 1984,. Page 4 11. Council considered appropriating funds for implementation of the junk vehicle. ordinance. Chief Building Official Paulissen presented a budget to cover cost of implementing the junk vehicle ordinance for the remain- ing months of this fiscal year. A copy is attached to these minutes. After questions and discussion.,- motion was made by Councilperson Malone to appropriate $49,691.00 from the general fund contin- gency to fund the dunk vehicle enforcement program for the remainder of fiscal ear 1983-84. Second by Councilperson Matuszak. The motion Carrie , 5 ayes and 0 nays. Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Skelton and Mayor Pro Tem Westergren Nays: None ]:2. Council considered. awarding a bid for the annual mowing contract. • Motion was made by Councilperson Malone to award the annual mowing contract to the low bidder, Gus Brieden Mowing. Second by Councilperson Skelton. The motion 'carried, 5 ayes and 0 nays. Ayes: Councilpersons Ma one, Matuszak, Pfeiffer, Skelton and Mayor. Pro Tem Westergren Nays: None 13. Council. considered cost estimates prepared by H. Carlos Smith on the construction of commercial and residential streets presently unmporved. Director of Public Works Jerry Hodge explained that four (4) commercial streets of the six prioritized by City Council and eight (8) residential streets prioritized by Council could be done with available funds. Tt is proposed to sign a contract with H. Carlos Smith Engineers for. design.-.work and preparation of bid documents. Af ter discussion, motion was made by Councilperson-Skelton to approve the street paving project an to approve an engineering contract with H. Car os Smut Engineers or t e esign an survey work and preparation of id ocuments. Secon by Councilperson P ei er. The motion Carrie , 5 ayes and 0 nays. • Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Skelton and Mayor Pro Tem Westergren Nays: None :7 • • Minutes, Regular Meeting, La Porte City Council February 1, 1984, Page 5 Mrs. Helen Scott.. of the American Red Cross spoke to Council asking support for the Red Cross program Disaster Action Teams, which she is trying to enlarge so there will be sufficient teams to service our area. Councilperson Malone voiced. his apgrociation of Mrs. Scott, her husband, and other members of the Red Cross who_have worked so diligently in our area. 14. Administrative Reports Mr. Herrera announced the third public. meeting on the Compre- hensive Plan,- to be held February 6 at '7:00 P.M. Mr. Herrera introduced Doug. de la Morena, an administrative intern attending the University of Houston, who will work for the City .for 20 hours a week for the next year. 15. Council Action • Matuszak: Congratulations to Bobby Powell for.. his fine work. It is great to see the bond sale going.. ahead. It's a grand day for the junk autos; this, plus a few other ordinances, combined with our master plan, and we're going to have one fine city here. Much encouraged at the last meeting; many innovative approaches linking the city. Everyone should come to the meeting on Feb- ruary 6; it will be the unvEiling of the next decade of plan- ning as we see it. Pfeiffer: Would also like to congratulate_Bobby. The police have a thankless job; it takes a special kind of person to per- form a job that these gentlemen do. Welcomed Doug to the city and hope we can make him feel a part of the good family we have here. Skelton: Would like. to also congratulate Bobby. We're real proud of you and the whole organization there.- In fact, we're proud of all the city employees. Has. been looking at the dog ordinance.,. and would like for staff to bring it up to date. For example, boarding charges are too low. We need to tighten the ordinance. up before there is an outbreak of disease or something of thaw nature. We-need to • fix it where we could go onto people's property, if necessary, to pick up an animal. Welcome on board to Doug. . _ _ _ __ £..T ..... _ • • Minutes, Regular Meeting, La Porte City Council February 1, 1984, Page 6 Westergren: Congratulations to Bobby.. It makes us very proud., not only of you but of our whole department. It speaks very well of what we have here in La Porte. Please invite allyouur neighbors and anyone you feel would be interested to the public meeting. Tt will have a lot of good information for everyone. This will be the last meeting for public input, so it is important to be there and make known your opinion. Chief Freeman is going back in the hospital on Sunday for some testing to see if the oepration is still successful. Malone: I congratulated Bobby out in the hall awhile agoj. I don't think the Police Department gets enough flowers, even though i do say bad things about them once in awhile. Doug, I welcome you. I want to express again my support for the Red Cross, and also urge you to come to the Heart Association breakfast if you can. • 16. There was no executive session. 17. There being no further business to be brought before the Council, the meeting was duly adjourned at 8:11 P.M. Respectfully submitted: Cherie Black City Secretary Passed & Approved this the 15t day of February, 1984 Vir nia Cline, Mayor • • O~6C 8 • ~l' fhe MAYOR '`+~G lA ID'II~ t,~: ;~' CITY OF =: LA PORTS ~~.. : ~. r~~~a~~na~x~n a~,taefi on d~aFie, and UIH~R~AS, cand.Lavadecieafr. d.ibeaae~s w,i,?,~ ead~ the na~.%an oven $64.4 bi,~X.%an thus yeah ~.n ~od~ ou~pu~ due ~a d.iaabc,eity and med.Leak expense, and UlH~R~AS, the Ame~c.i.ean Hear A4dac,c.a,#~%.on'd neeen~2e~sb bafit,~e aga~,wd.t thus American epcdem.%e. had heaped reduce the dea~'h, nape ~nam ~hede d.useaae~s ~h~eough advanee~ .Ln neaeaneh, pneven~,i.on., ~icea~mev~t and nehub.c,P.ita~,i.on, NUw, TH~R~~UR~, I, VIRGINIA CLINE, MAyUR o~ ~h.e C.cty a~ La Pante, da heJce6 y pna e~a,%m the ma nth. o ~ ~ebnuany, 19 84, a~ HART MONTH .cn the C.cty o ~ La Pante, and ung e a,P,e cix,%zend ~a duppo~rt ~h.e eampa~.gn a ~ the Ame~ri.ea.n Hean~ Addacc.afii.an ~.n ~ ~.ight aga.i.ws~ ocvc Cauwtny'd number are h,%Q.~eh.. IN wITN~SS GlH~R~U~, I have hereby deb my hand and caused the Seae o~ the C.%ty a ~ La Pane, ~;a be a~ b.cxed henexa, Shia ~h.e 1 d~ day o b ~ebnuany, 1984. .ucg~.n.ca. ne, ayon (~v..~J ~'; Heart a~.ta.eFz, d~lcoFze and o~hen ~anmd o~ candiavadcu~afc d,%bea~e utc.~ Fii,Ze mane ~ha.n 1,109,498 Amenieand Shia yeah, and WH~R~AS, ~hi~ ~a~ae exceedb a.2~ when Baud ea a b death. camb.c,ned, and GIH~R~AS, mane khan ~~,v e auk a ~ d~,x a ~ ~h.ed e v.ce~,imd d~.e a ~ h eat e- ~ • • CITY OF LA, PpRTE INTER-QFFICE ME"npRANDUM FROM: JUDY CAIN SUBJECT: RESOLUTION FR0~~1 KNOX ASKIPJS FOR FEBRUgRY 1 ,AGENDA f, ~ ,~ T0; BpB HERRERA DATE: 1-~6-R4 AFTER TALKING UIITH MR. ASKINS TODAY HE HAS II~FpRMED PIE THAT THE RESOLUTION ON SYL~/AN BEACH PARK REPAIRS I,S BEINO DR,AhIN UPS HE !~IILL BRINa COPIES FOR ALL COUP~CILPER$pNS AND THE M,gYp~ TO THE MErTING ON FEBRUA4,Y' 1, 198.. • ~ ~ RESOLUTION NO. 84- 1 A RESOLUTION URGING HARRIS COUNTY COMMISSIONER'S COURT TO EXPEDITE REPAIRS AND RESTORATION OF HURRICANE ALICIA STORM DAi~1AGE TO SYLVAN BEACH PARK;. AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, SYLVAN BEACH PARK, one of the oldest -parks in Harris. County, has been a rich part of the cultural history of Harris County, and has. provided many hours of pleasure and recreation over the years to the citizens of Harris County; ..and WHEREAS, SYLVAN BEACH PARK sustained considerable damage • in 1983 from-Hurricane Alicia winds and tides; and WHEREAS, many community, civic, and school organizations in Harris County have been inconvenienced by the necessity of cancelling scheduled events for the use of SYLVAN BEACH PARK, pending its repair and restoration; and WHEREAS, there is an urgent public need that SYLVAN BEACH PARK, and all of its various facilities, be repaired and restored to public service as soon as possible; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Porte: • Section 1. The City Council of the City of La Porte urgently petitions the Harris County Commissioner's Court to expedite the needed repairs to SYLVAN BEACH PARK, to restore it as a much needed park facility for the citizens of Harris County, and to re-open SYLVAN BEACH PARK as a Harris County public park at the earliest possible date. Section 2. This Resolution. shall be effective upon its • passage and approval. • Resolution No. 84- 1 Page 2. PASSED AND APPROVED this the lst day of February, 1984.. CITY OF LA PORTE ,/. ~!~ inda G. VJestergren, ayor Pro Tem ATTEST: ---- ~ .City Secretary APPROVED: /(/• . City Attorney r. ~, • C7 ORDINANCE N0. 1397 AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA FORTE; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIG- NATING ELECTION PRECINCTS .AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PRO- VIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING .FEES FOR CANDI- DATES; PROVIDING FOR THE HOLDING OF A JOINT ELECTION WITH THE. LA FORTE INDEPENDENT SCHOOL DISTRICT; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. An election shall be held .within the corporate limits of the City of La Porte, Texas, on the 7th day of April, • 1984, such day being the first Saturday in April, 1984, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of electing the following City officials: Councilperson--District 1, for a 3 year term Councilperson--District 6, for a 3 year term Councilperson-at-large--Position B, for a 3 year term A run-off election, if necessary, shall be held on April 28, 1984, between the same hours. Said election, and said run-off election, if necessary, shall be held in conjunction with a Trustee's election to be held on the same date(s) by the La Porte Independent School District. Section 2. Said election shall be held at each of the following voting places within said City, and the following • named persons are hereby appointed as officers of said election, to-wit: Election Precinct No. 1: All voters living in such Pre- cinct No. 1 (consisting of that portion of the City of La Porte which is located north of an imaginary line 900 feet south of and parallel to Avenue "H" , and west of the Southern Pacific Railroad) shall vote at the Lomax Elementary School, which is • located at 10615 North Avenue "L" in the City of La Porte, Texas, with the following election officers: ~'' j ' • • • / Ordinance No. 1397 , Page 2. Sara Armand Presiding Judge Jerri Neumann Alternate Presiding Judge Election Precinct No. 2: All voters living in such Precinct No. 2 (consisting. of that portion of the City of La Porte which is west of Big Island~Slough and south of an imaginary line 900 feet south of and parallel to Avenue "H", (and consisting of that portion of the City of La Porte which is enclosed by San • Jacinto Junior College on the West; Spencer Highway [West Main Street] on the North; Fairmont Parkway on the South; and Underwood Road on the East) shall vote at the Baker School Cafetorium, which is located at West Main Street and Underwood Road, La Porte, Texas, with the following election officials: Bertha Cook , Presiding Judge Georgette Oliver Alternate Presiding Judge Election Precinct No. 3: All voters living in such Precinct No. 3 (consisting of that portion of the City of La Porte which is enclosed by Big Island Slough, Fairmont Parkway, the Southern Pacific Railroad, and an imaginary line 900 feet south of and parallel to Avenue "H") shall vote at the Fairmont Park Baptist • Church, which is located at 10401 Belfast Road, La Porte, Texas, with the following election officials: Ed Ferguson , Presiding Judge Janet Graves , Alternate Presiding Judge Election Precinct No. 4: All voters living in such Precinct No. 4 (consisting of that portion of the City of La Porte which • is east of the Southern Pacific Railroad, north of "B" Street and west of Broadway) shall vote at the DeWalt Special Services -~ • • • Ordinance No. 1397 , Page 3. Center, which is located at Madison and N. 6th Street, La Porte, Texas, with the following election officials: Ruby Phillips . Presiding Judge Myrtle Byars , Alternate Presiding Judge C~ Election Precinct No. 5: All voters living in such Precinct No. 5 (consisting of that portion of the City of La Porte which is enclosed by Broadway, Little Cedar Bayou, Galveston Bay, Donaldson Avenue, and Barbour's Cut Boulevard) shall vote at the La Porte Senior High School, which is located at 301 E. Fairmont Parkway, La Porte, Texas, with the following election officials: Sarah Odell , Presiding Judge Arbela Ralston , Alternate Presiding Judge Election Precinct No. 6: All voters living in such Precinct No. 6 (consisting of that portion of the City of La Porte which is enclosed by the Southern Pacific Railroad, "B" Street, Broadway, Little Cedar Bayou, Galveston Bay, and the north line of the Bayshore Municipal Utility District) shall vote at the La Porte • City Hall, which is located at 604 W. Fairmont Parkway, La Porte, Texas, with the following election officials: Nadine Jones , Presiding Judge Delores Gonzalez , Alternate Presiding Judge The Presiding Judge at each of the above specified polling places shall appoint as many clerks as he or she deems neces- • sary for the proper conduct of said election at said polling place, provided that at least two clerks shall be appointed in each case. ~-3 • • / Ordinance No. 1397 , Page 4. Section 3. Voting at said election, including absentee voting, shall be by the use of voting machines, and the ballots of said elections shall conform to the Texas Election Code, as amended. Section 4. Absentee voting. by personal appearance shall begin on~the 20th day and shall continue through the 4th day preceding the day of the election. Except as authorized herein, the clerk shall not permit anyone to vote absentee by personal • appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall he permit anyone to vote absentee by personal appearance at any time when his office is not open to the public. Absentee voting by mail shall begin on the 20th day pre- ceding the date of the election and shall continue until ten o'clock (10:00) A.M. on the second day preceding election day. Absentee voting shall be conducted by a clerk for absentee voting, namely, Nadine Jones .and the place at which the absentee voting shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot applications-and ballots voted by mail may be mailed. Said clerk shall keep said office open for • absentee voting during his regular working hours and in any event for at least eight (8) hours on each day which is not a Saturday, a Sunday, or an official State holiday. Section 5. That all election materials including notice of the election, "ballots, instruction cards, affidavits and other forms which voters may be required to sign and all absentee voting materials shall be printed in both English and Spanish, • or Spanish translations thereof shall be made available in the. circumstances permitted and in the manner required by law. E '~ • • • Ordinance No. 1397 Page 5. Section 6. The City Secretary of the City of La Porte shall forthwith issue Notice of said election by causing a substantial copy of this Ordinance to be published one time in the BAYSHORE SUN, which is hereby found and declared to be a newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. Section 7. Upon a candidate tendering his application on • the form prescribed, the City Secretary shall furnish to such candidate all information relative to the qualifications for the office being sought; the method of placing the candidate's name on the ballot; the amount of the required filing fee; and any other pertinent information concerning said election. Section 8. Each candidate for the office of Mayor or Council- person must be a resident elector of the City. Each candidate for the office of District Councilperson must also be a resident of the district for which he files. Section 9. The deadline for a candidate to make applica- tion to have his name appear upon the ballot for such election, is hereby designated and established as 5:00 o'clock P.M., • Wednesday, March 7, 1984. No application shall be accepted for filing prior to February 6, 1984. The filing fee for each candidate for the office of Councilperson is hereby established at Fifty Dollars ($50.00). The filing fees shall be used to defray the cost of the election, and said fees shall be prorated and any surplus shall be refunded to said candidates. As an alternative to paying a filing fee, a candidate may obtain a • place on the ballot by filing a petition as provided for in City of La Porte Home Rule Charter, Article 2.04 e.3. ~'~ • / • • Ordinance No. 1397 , Page 6. Section 10. Said election shall be held in accordance with the provisions of the City. Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Suction 11. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the -City Council of the City of La Porte, and the City Council shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results of the election. The Mayor shall immediately thereafter deliver to the candidate for whom the majority of votes has been polled for each respective office, a certificate of election. Such elected officials shall assume their duties within ten (10) days thereafter, .Sundays excluded, upon their taking the oath of office. Section 12. Each and every provision, paragraph,. sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffec- tive, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 13. This Ordinance shall be in effect immediately upon its passage and approval. Section 14. 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, Article 6252-17, Texas Revised Civil Statutes Annotated; 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. PASSED AND APPROVED this the 1st day of February, 1984. CITY OF LA PORTE By Virginia ine, Mayor ATTEST: City Secretary • APPROVED: City Attorney • • .] CITY OF LA PORTS INTER-OFFICE MEMOP,A~JDU'i TO: BOB HERRERA • DATE: 1-?_6-84 FROM: JUDY CAIN ~~ SUBJECT: ORDINANCE APPROUIiVG COLLEGE VIED 'MUNICIPAL UTILITY DISTRICT BOND SALE ~~r. Askins informs that this !~rdinance #1398 is being drain u~ by Bond Attorney, R. Dick !tichards,Jr. Mr. Richards-will brine conies of this Ordinance to the February 1, 1984 meeting. s' _, L~ ORDINANCE NO. 1398 AN ORDINANCE CONSENTING TO THE, ISSUANCE AND $ALE OF BONDS BY COLLEGE VIEW MUNICIPAL UTILITY DISTRICT WHEREAS, Ordinance No. 768 passed and .approved by • the City Commission on May 1, 1967, as amended by Ordinance No. 768-A passed and approved by the City Commission on July 20, 1970, among other things imposes certain conditions upon the bonds which may be issued and sold by certain political subdivisions which are created within the area of the extra-territorial jurisdiction of the City (the "City of La Porte"); and WHEREAS, College View Municipal Utility District (the "District") is one of such political subdivisions created within the area of the City's extra-territorial jurisdiction, and the District wishes to issue and sell $3,350,000 of its Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1984 (the "Bonds"), on terms and conditions which are not strictly in accordance with the requirements of said Ordinance; and WHEREAS, by Ordinance No. 1393 passed and approved by the City Council on December 28, 1983, the City annexed, among other land, all of the territory embraced by the District and proposes to abolish the District on or before March 27, 1984, upon the occurrence of which latter event the City will take over all properties, assets and functions of the District and assume all of its debts, liabilities and obligations including the Bonds; and WHEREAS, the issuance and. sale of the Bonds by the District on the proposed terms and conditions is satisfactory and in the best interest of the City and the City desires to consent to the issuance and sale of the Bonds; therefore `'ORDINANCE NO. 139 PAGE 2 • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the City of La Porte hereby consents to the issuance and sale by-College View Municipal Utility District of $3,350,000 of its Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1984, substantially in accordance with the terms and conditions set forth in the proposed "Order Authorizing the Issuance and Sale of $3,350,000 Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1984, and Authorizing an Agreement with the Paying Agent/Registrar" attached hereto as Exhibit A and hereby made a part of this Ordinance; provided, however, the net effective interest rate on such bonds, determined in accordance with the • provisions of Article 717k-2, V.T.C.S., as amended, shall not exceed two percent (2$) above the average interest rate reported by the Daily Bond Buyer in its weekly "Twenty Bond Index" in its most recent issue published immediately prior to the date on which said Order is adopted by the Board of Directors of College View Municipal Utility District.. Section 2. That this Ordinance shall take effect and be in full force immediately upon and after its adoption. PASSED AND APPROVED on February 1, 1984. ,~ ATTEST: City l9e retary C,i,t~i ' o~ ' L,a' Porte, Texas ,. I ~; ~; ~' ~ ~ ~ ~ ~~~~ ,t,SEAL]~ ~i . APPROVED: /J ;yor Pro Tem ty of La Porte City Attorney City of La Porte, Texas ., • ~~ • ~XHIBIT_.~9, ORDER AUTHORIZING THE ISSUANCE AND SALE OF $3,350,000 " WATERWORKS AND SEWER SYSTEM COMBINATION TAX AND REVENUE BONDS, SERIES 1984 AND AUTHORIZING~AN AGREEMENT WITH THE PAYING AGENT/REGISTRAR WHEREAS, College View Municipal Utility District (the "District") was organized pursuant to the provisions of Section 59 of Article XVI of the Constitution of Texas, by special act, namely, Chapter 635, page 1,597, Acts 1967, of the 60th Legislature of Texas, Regular Session, 1967, and operates under Chapter 51 of the Texas Water Code, as amended; and WHEREAS, the District has outstanding bonds of each of the following series, each payable from the net revenues derived from operation of the District's waterworks and sanitary sewer systems and from ad valorem taxes on all taxable property within the District: College View Municipal Utility District . Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1968, dated Septem- ber 1, 1968, issued in the original principal amount of $800,000; and College View Municipal Utility District Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1970, dated Novem- ber 1, 1970, issued in the original principal amount of $600,000; and WHEREAS, it is provided in the proceedings authoriz- ing said outstanding bonds, and in such bonds, that the District reserves the right to issue, inter alia, additional combination tax and revenue bonds, and t at such additional bonds, when issued, shall be in all ways on a parity with said outstanding bonds and may be secured by and payable from a first lien on and pledge of the net revenues of said waterworks and sanitary sewer systems in the same manner and to the same extent as said outstanding bonds; and WHEREAS, $3,950,000 in maximum aggregate principal amount of bonds of the District, including the bonds herein- after authorized, were duly and favorably voted as required by and in compliance with the Constitution and laws of the State of Texas, at an election held in the District on the 22nd day of November, 1969; and WHEREAS, the Board of Directors of the District has previously authorized the issuance and sale of a first installment of such voted bonds, designated as the District's Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1970, in the original principal amount of $600,000; and WHEREAS, the Board of Directors of the District deems it necessary and desirable to proceed with the issuance of a second installment of such bonds in the aggregate principal amount of $3,350,000 in order to provide funds for the purpose of purchasing and constructing extensions and additions to the District's existing water and sanitary . sewer system and drainage system, representing all of the remaining bonds authorized at the election held on November 22, 1969; therefore F f .. ,..,~.~ . ,,,,: • • BE IT ORDERED BY THE BOARD OF DIRECTORS OF COLLEGE VIEW MUNICIPAL UTILITY DISTRICT THAT: Section 1. CERTAIN DEFINITIONS When used in this Order, except in Section 3, the terms listed below shall have the meanings indicated opposite each of them, unless otherwise expressly provided or unless the context otherwise requires: 1.01. bonds which the issue in Sectio; Bonds which may proper context, Bonds. "Additional Bonds" shall mean the additional District expressly reserves the right to Zs 4.01 and 6 of this Order and any Additional be issued in the future. When used in the Additional Bonds may include Refunding • 1.02. "Board of Directors" or "Board" shall mean the governing body of the District. 1.03. "Bond" or "Bonds" shall mean any Bond or all Bonds, as the case may be, of the issue of $3,350,000 College View Municipal Utility District Waterworks and Sewer ' System Combination Tax and Revenue Bonds, Series 1984, dated as of February 15, 1984, authorized and issued pursuant to this Order. 1.04. "Bond Fund" shall mean the District's interest and sinking fund for the Bonds established by Article VIII of the Order authorizing the issuance of the District's Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1968. 1.05. "City" shall mean the City of La Porte, Texas. 1.06. "Construction Fund." The fund of the District into which the balance of the proceeds of the sale of the Bonds shall be placed, after payments into the Bond Fund as provided in Sections 4.01 and 5.01 of this Order. 1.07. "D~e artment" shall mean the Texas Department of Water Resources, including in appropriate cases the Texas Water Commission and the Texas Water Development Board, and any other public agency succeeding to its powers, rights, privileges and functions. 1.08. "District" shall mean College View Municipal Utility District, and any other public agency succeeding to the powers, rights, privileges and functions of the District and, when appropriate, the Board of Directors of the District. 1.09. "Governmental Obligations" shall mean direct obligations of, or obligations the full and timely payment of the principal of and interest on which are uncondi- tionally guaranteed by the United States of America, which are non-callable and which at the time of investment are legal investments under the laws of the State of Texas for the moneys proposed to be invested therein. 1.10. "Initial Bonds" shall mean the Bonds numbered from R-1 through R-20 as provided for in Sections 2.02 and 2.03 hereof. • 1.11. "Outstanding Bonds" shall mean (a) the $800,000 original principal amount of the District's Waterworks and -2- • _ ~. Sewer System Combination Tax and Revenue Bonds, Series 1968, dated September 1, 1968, authorized and issued pursuant to an Order adopted by the Board of Directors on September 13, 1968; and (b) the $600,000 'original principal amount of the District's Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1970, dated November 1, 1979, authorized and issued pursuant to an order adopted by the Board of Directors on September 15, 1970. 1.12. "Paying Agent/Registrar" shall mean the Paying Agent/Registrar for the Bonds specified in Section 2.08 of this Order, or its successor. 1.13. "Refunding Bonds" shall mean the bonds which the District expressly reserves the right to issue in Section 6.03 of this Order for the purpose of refunding Bonds, Additional Bonds or previously issued Refunding Bonds. 1.14. "Special Project Bonds" shall mean bonds which the District expressly reserves the right to issue in Section 6.02 of this Order. 1.15. "S stem" shall mean the plants, facilities and improvements comprising the waterworks, sanitary sewer and drainage system. of the District which has been and will be hereafter purchased, constructed or otherwise acquired, together with any additions or extensions thereto or improve- ments and replacements thereof, except the water and/or sewer facilities which the District may purchase or acquire with the proceeds of the sale of Special Project Bonds, so long as such Special Project Bonds are outstanding, notwith- standing that such facilities may be physically connected with the System. Section 2. DESCRIPTION OF BONDS The authorization and description of the Bonds and designation of certain rights respecting the Bonds shall be as follows: 2.01. Bond Amount, Name and Pur ose. The District's Bonds to be designated as "COLLEGE VIEW MUNICIPAL UTILITY DISTRICT WATERWORKS AND SEWER SYSTEM COMBINATION TAX AND REVENUE BONDS, SERIES 1984," are hereby authorized to be issued and delivered in accordance with the Constitution and laws of the State of Texas and as~duly and favorably voted at an election held in the District on November 22, 1969, in the principal amount of $3,350,000 for the purpose of purchas- ing and constructing extensions and additions to the District's existing water and sanitary sewer system. 2.02. Form, Numbers, Date, and Denominations. The Bonds shall be issued and delivered in fu ly registered form without coupons, shall be dated as of February 15, 1984 (the "Initial Date"), and shall each be in denominations of $5,000 or any integral multiple thereof (up to the maximum principal amount of the Bonds maturing in the year involved). Initially, there shall be twenty (20) Bonds (the "Initial Bonds") numbered consecutively from R-1 through R-20 in order of their maturity, each in the principal amount set opposite the year of maturity in the schedule set forth in Section 2.03. Bonds registered and delivered in exchange for any of the Initial Bonds surrendered for transfer or • exchange shall be numbered from R-21 upward in the order that they are authenticated and delivered by the Paying Agent/Registrar. -3- • • • t 2.03. Interest, Maturity and Payment. The Bonds shall bear interest (computed on the basis of a 360-day year of twelve ~0-c)ay months) from the later of the Initial Date, or the most recent .date to which interest has been paid or duly .provided for, payable August 15, 1984, and each February 15 and August 15 thereafter until the principal sum is paid in full. Payment of interest shall be made to the registered owner of each Bond as shown on the Bond Register provided for in Section 2.05 hereof as of the last business day of the calendar month next preceding the interest payment date by check or draft mailed by the Paying Agent/Registrar to the address of each such owner as it appears on such Bond Register on the date aforesaid. The Bonds shall mature and become payable, subject to prior redemption in accordance with the .provisions of Section 2.04 hereof, on February 15 in each of the years and in the principal- amount set forth in the schedule below, and shall bear interest at the respec- tive rates per annum set forth opposite the year of maturity in said schedule, to-wit: Year of Principal Interest Maturity Amount Rate 1985 $150,000 1986 150,000. 1987 150,000 1988 150,000 1989 150,000 1990 150,000 1991 175,000 1992 175,000 1993 175,000. 1994 175,000 1995 175,000 1996 175,000 1997 175,000 1998 175,000 1999 175,000 2000 175,000 2001 175,000 2002 175,000 2003 175,000 2004 175,000 The principal of the Bonds shall be payable, without exchange or collection charges, in any coin or currency of the United States of America which, on the date of payment thereof, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they become due or at their earlier redemption date, if any, at the principal office of the Paying Agent/Registrar. 2.04. Redemption of Bonds. The District reserves the right to redeem in whole or from time to time in part, all of the Bonds maturing in the years 1995 through 2004 on February 15, 1994, or any interest payment date thereafter by paying the principal thereof and accrued interest thereon. The District shall, at least forty-five (45) days prior to the date fixed for redemption (unless a shorter notice shall be satisfactory to the Paying Agent/Registrar), notify the Paying Agent/Registrar of such date and the principal amount of Bonds of each maturity to be redeemed. If less than all of the Bonds are to be redeemed, the particular Bonds within each such maturity (in integral multiples of $5,000) shall be selected by the Paying Agent/Registrar by lot. The registered owner of any Bond, all or a portion of which has been called for redemption, shall be required to present such Bond to the Paying Agent/Registrar for payment of the -4- ~ ~ ,~ • principal of that portion of the Bond called for redemption; provided, however, upon the surrender of any such Bond, the District shalt execute and_the Paying Agent/Registrar shall authenticate and deliver to the registered owner thereof a new Bond or Bonds of the same maturity in an aggregate principal amount equal to the unredeemed .portion of the Bond surrendered. Notice of redemption shall be given by mailing a copy thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered .owner of each Bond to be redeemed in whole or in part at the address of such owner on the Bond Register; provided, however, that failure to give such notice, or any defect therein, shall not affect the validity of the proceed- ings for the redemption of any Bond or portion thereof with respect to which no such failure or defect has occurred. Any notice mailed as provided in this Section 2.04 shall be conclusively presumed to have been duly given, whether or not the registered owner receives the notice. Prior to the date fixed for redemption, the District shall deposit, or cause to be deposited, with the Paying Agent/Registrar, funds .sufficient to pay in full the principal of all Bonds or portions thereof called for redemption, together with accrued interest thereon to the redemption date. Any Bond or Bonds • duly called for redemption, due provision for the full payment of which has been timely made, shall cease to bear interest from and after the date fixed for redemption. 2.05. Transfers and Exchan es of the Bonds. The District shall cause to e kept at the principal office of the Paying Agent/Registrar a register (the "Bond Register") in which, subject to such reasonable regulations as the District and the Paying Agent/Registrar may prescribe, registration of the Bonds and transfers of the Bonds shall be made as provided herein. Upon surrender for transfer of any Bond at the principal office of the Paying Agent/Registrar, the District shall execute and the Paying Agent/Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of the same maturity, of any authorized denominations, bearing the same rate of interest and of a like aggregate principal amount. At the option of the registered owner of any Bond, it may be exchanged for other Bonds of the same maturity, of any authorized denominations, bearing the same rate of interest, and of like aggregate principal amount, upon surrender of the Bond to be exchanged at the principal office of the Paying Agent/Registrar . Whenever any Bond is so surrendered for exchange, the District shall execute, and the Paying Agent/Registrar shall authenticate and deliver, the Bonds which the registered owner of the Bond making the exchange • is entitled to receive. All Bonds issued upon any transfer or exchange of any Bond shall be the valid obligations of the District, evidencing the same debt, and entitled to the same benefits under this Order, as the Bond surrendered upon such transfer or exchange. Every Bond presented or sur- rendered for transfer or exchange shall be duly endorsed, or be accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed, by the registered owner thereof or his attorney duly authorized in writing. No service charge shall be made to the registered owner for any registration, transfer, or exchange of Bonds, but the District or the Paying Agent/Registrar may require payment of a sum sufficient to cover any tax or other govern- mental charge that may be imposed in connection with any transfer or exchange of Bonds. Neither the District nor the Paying Agent/Registrar shall be required to transfer or exchange any Bond during the period of fifteen (15) days next preceding any interest payment date or to transfer or exchange any Bond during the period commencing with the -5- r r • District's notice to District intends to maturity and ending Bond or Bonds. the Paying Agent/Registrar that the redeem such Bond or Bonds of the same on the_date fixed for redemption of such 2.06.. Ownership of the Bonds. The District, the Paying Agent/Registrar and any other person may treat the individual, firm or corporation in whose name any Bond is registered on the Bond Register as the absolute owner of such Bond for. the purpose of making and receiving payment of the principal thereof and interest thereon and for all other purposes whether or not such Bond is overdue, and neither the District nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. All payments made to any such person, firm or corporation deemed to be the owner of any Bond in accordance with this Section 2.06 shall be valid and effectual and shall discharge the liability of the District and the Paying Agent/Registrar to the extent of the sums paid. • C~ • .2.07. Execution of the Bonds. The Bonds shall be executed on behalf of the District by the President or Vice President of the Board under the seal of the District attested by the Secretary or Assistant Secretary of the Board. Each such signature may be manually executed or placed in facsimile on the Bonds, and the District's seal may be manually impressed, printed or otherwise placed on the Bonds. Bonds receiving the manual or facsimile signatures of individuals who were at the time the duly elected or appointed officers of the District shall be binding upon the District notwithstanding. such individuals or any of them shall cease to hold such offices prior to the certification, registration, authenti- cation or delivery of such Bonds or shall not have held such office on the date of such Bonds, all as provided in the Bond Procedures Act of 1981, as amended. The Initial Bonds, each payable to the Purchaser named in Section 12.01 hereof, shall be executed and submitted to the Attorney General of Texas for approval, and thereupon certified by the Comptroller of Public Accounts of the State of Texas by his manual signature or by the manual signature of one of his deputies thereunto duly authorized. No Bond authorized by this Order shall be entitled to any right or benefit hereunder, or be valid or obligatory for any purpose unless the Comptroller of Public Accounts of the State of Texas or his duly autho- rized agent shall have executed a Registration Certificate substantially in the form of the Registration Certificate of Comptroller of Public Accounts set forth in Section 3.02 hereof or the Paying Agent/Registrar shall have executed a Certificate of Authentication substantially in the form of the Certificate of Authentication of Paying Agent/Registrar set forth in Section 3.03 hereof, and either such executed certificate upon any Bond shall be conclusive evidence that such Bond has been executed and delivered pursuant to this Order. 2.08. Paying Agent/Registrar. The District covenants at all times to maintain a Paying Agent/Registrar for the Bonds meeting the qualifications herein set forth, and subject to the remaining provisions of this Section 2.08 hereby appoints First City National Bank of Houston, Houston, Texas, initially to serve in such capacity. The form, terms and provisions of the proposed Areement between the District and First City National Bank of Houston, Houston, Texas, providing for such appointment, a draft of which is attached to this Order as Exhibit A, are hereby approved in all respects, and the President or Vice President and Secretary or Assistant Secretary of the Board are hereby authorized -6- • . ~~ • and directed to execute. and deliver an agreement substan- tially in the form of such Agreement, with such changes therein as 'the officers executing the same shall, as evi- denced by their signatures thereon, approve. The District expressly reserves the right to appoint one or more successor Paying Agent/Registrars by (1) filing with the Paying Agent/ Registrar then serving a certified copy of a resolution or order giving notice of the termination of the District's agreement with such Paying Agent/Registrar and appointing a successor and (2) giving notice to all of the registered owners of the Bonds and to the Municipal Advisory Council of Texas or its successor. Every Paying Agent/Registrar appointed hereunder shall at all times be a corporation organized and doing business under the .laws of the United States of America or of any State, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or State authority. 2.09. Mutilated, Lost, Destroyed or Wrongfully Taken Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent/Registrar, or (2) the District and the Paying Agent/Registrar receive evidence to their satisfac- tion of the destruction, loss, or theft of any Bond, and (a) • there is delivered to the District and the Paying Agent/ Registrar such security or indemnity as may be required by them to save each of them harmless and (b) the District and the Paying Agent/Registrar have no notice that such latter Bond has been acquired by a bona fide purchaser, then and in either such event the District shall execute and upon its request the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate and principal amount, bearing a number not contemporaneously outstanding. Upon the issuance of any new Bond under this Section 2.09, the District may require the payment by the registered owner thereof of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Bond issued pursuant to this Section 2.09 in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the District, whether or not the mutilated, .destroyed, lost, or stolen Bond shall be at the time enforce- able by anyone, and shall be entitled to all the benefits of this Order equally and ratably with all other outstanding Bonds. SECTION 3. FORM OF BONDS AND CERTIFICATES THEREON • The form of the Bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be typed or printed on each of the Initial Bonds only, and the form of Certificate of Authenti- cation of the Paying Agent/Registrar to be typed or printed on all of the Bonds other than the Initial Bonds shall be, respectively, substantially as follows: • -7- • • ~, • 3.01. Form of Bond. Registered . No. R- Registered UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF HARRIS COLLEGE VIEW MUNICIPAL UTILITY DISTRICT WATERWORKS AND SEWER SYSTEM COMBINATION TAX AND REVENUE BOND SERIES 1984 Interest Rate Due Initial Date CUSIP No. February 15, February 15, 1984 College View Municipal Utility District, in the County of Harris, State of Texas (the "District"), for value received, .hereby promises to pay to or registered assigns, on the due date shown above, the sum of DOLLARS, and to pay interest thereon until paid, at the rate speci- fied above, from the later of the Initial Date shown hereon or the most recent date to which interest has been-paid or duly provided for, beginning August 15, 1984, and semi- annually thereafter on February 15 and August 15 of each year until the principal sum shall have been paid, such interest to be computed on the basis of a 360-day year of twelve 30-day months. The principal of this Bond is payable in lawful money of the United States of America, without exchange or collection charges, at the the principal cor- porate trust office of the Paying Agent/Registrar executing the. Certificate of Authentication appearing hereon, upon presentation and surrender of this Bond. The interest on this Bond payable on any interest payment date will be paid to the person, firm or corporation in whose name this Bond is registered at the close of business on the last day of the calendar month next preceding such interest payment date by check or draft dated as of the interest payment date and mailed to such registered owner. • (Additional Provisions of the Bonds) (To be printed or typed on the face of the Initial Bonds and printed on the back of all other Bonds) THIS BOND is one of the series specified in its title issued in the aggregate principal amount of $3,350,000 (the "Bonds") pursuant to an order (the "Bond Order") duly adopted by the Board of Directors of the District for the purpose of purchasing and constructing extensions and addi- tions to the District's existing water and sanitary sewer system, under-and in the strict conformity with the Constitu- tion and laws of the State of Texas, including without limitation Chapter 635, page 1,597, Acts of the 60th Legisla- ture of Texas, Regular Session, 1967, and Chapter 51 of the • Texas Water Code, as amended, and by authority of the bond election held within the District on November 22, 1969. -8- • r 1 LJ The District expressly reserves the right to issue additional bonds on a parity in all respects with the Bonds, the District's outstanding.Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1968 and the District's Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1970, in accordance with the terms and conditions set forth in the Bond Order. The Bonds, together with the District's outstanding Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1968 and the District's Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1970, are payable (until all the territory within the District is annexed, all properties and assets of the District are taken over and all debts, liabilities and obligations of the District, including this Bond, are assumed, by one or more cities and the District is abolished pursuant to existing Texas law) from the proceeds of an ad valorem tax levied upon all taxable property within the District without limitation as to rate or amount and are further payable from and secured by a lien on and pledge of the net revenues from the operation of the District's waterworks and sanitary sewer systems after deduction of reasonable costs of administration, • efficient operation and adequate maintenance of the District's service facilities, in the manner provided by Section 51.450(b)(3) of the Texas Water Code, as amended. Reference is hereby made to the Bond Order .for a description of the covenants by which the Bonds are secured, the respective rights there- under of the registered owners of the Bonds and the District and the terms upon which the Bonds are, and are to be, authenticated and delivered. The District has reserved the right to redeem, in whole or from time to time in part, all of the Bonds maturing in the years 1995 through 2004 on February 15, 1994, or any interest payment date thereafter by paying the principal thereof and accrued interest thereon. If less than all of the Bonds are to be redeemed, the District shall designate the principal amount of Bonds of each maturity to be redeemed and the Paying Agent/Registrar shall by lot designate the particular Bonds to be redeemed within each maturity in integral multiples of $5,000. At least 30 days' prior notice of any such redemption shall be given by mail as provided in the Bond Order. Any Bond or Bonds duly called for redemption, due provision for the full payment of which has been timely made, shall cease to bear interest from and after the date fixed for redemption. As provided in the Bond Order and subject to • certain limitations therein set forth, this Bond is transfer- able on the Bond Register of the District, upon surrender of this Bond for transfer at the principal office of the Paying Agent/Registrar, duly endorsed, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed, by the registered owner hereof or his attorney duly authorized in writing, and thereupon one or more new fully registered Bonds of the same maturity, of authorized denominations, bearing the same rate of interest and for the same aggregate principal amount will be issued to the designated transferee or transferees. Neither the District nor the Paying Agent/Registrar shall be required (1) to transfer or exchange this Bond during the period of fifteen (15) calendar days next preced- ing any interest payment date or (2) to transfer or exchange • this Bond during the period commencing with the District's notice to the Paying Agent/Registrar that the District intends -9- • r • to redeem this Bond or Bonds of the same maturity .and ending on the date fixed for the redemption of such Bond or Bonds. The District, the Paying Agent/Registrar and any agent of either of them may treat the person, firm or corpora- tion in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Bond be overdue, and neither the District, the Paying Agent/Registrar nor any such agent shall be affected by notice or knowledge to the contrary. It is hereby certified, covenanted and represented that all acts, conditions and things required to be performed, exist or done precedent to or in the issuance of this Bond in order to render the same a legal, valid and binding obligation of the District have been performed, exist and done in regular and due time, form and manner, as required by law, and that the issuance of the Bonds does not exceed any constitutional or statutory limitation. This Bond shall be construed in accordance with and shall be governed by the laws of the State of Texas. {Legend to be printed on the face of all Bonds other than the Initial Bonds) REFERENCE IS HEREBY MADE TO FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH FURTHER PRO- VISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF FULLY SET FORTH IN THIS PLACE. ~ * ~ * * ~ (Additional paragraph to be typed or printed on Initial Bonds only) This Bond shall not be entitled to any right or benefit under the Bond Order, or be valid or become obli- gatory for any purpose, unless the Comptroller of Public Accounts of the State of Texas or his duly authorized agent shall have executed the Certificate Registration of Comptroller of Public Accounts endorsed hereon. (Additional paragraph to be printed on the face of all Bonds other than the Initial Bonds) This Bond shall not be entitled to any right or benefit under the Bond Order, or be valid or become obligatory for any purpose, unless the Paying Agent/Registrar shall have executed the Certificate of Authentication endorsed hereon. In witness whereof, this Bond has been signed by the manual or facsimile signature of the President or Vice President of the Board of Directors of the District and attested by the manual or facsimile signature of the Secretary or Assistant Secretary of the Board of Directors of the District and the official seal of the District has been manually impressed, printed or otherwise placed hereon. COLLEGE VIEW MUNICIPAL UTILITY DISTRICT By President, Board of Directors -10- • [District's Seal] Secretary, Board of Directors 3.02. Form of Registration Certificate of Comptroller of Public Accounts. (To be typed or printed on the In tial Bonds only) REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER § OF PUBLIC ACCOUNTS § § REGISTER NO. ....... ... THE STATE OF TEXAS § I HEREBY CERTIFY that there is on file and of record in my office a certificate to the effect that the Attorney General of the State of Texas has approved this Bond, and further that this Bond has been registered this day by me. WITNESS my signature and seal of office this • (SEAL) • ATTEST: .............................. Comptroller of Public Accounts of the State of Texas 3.03. Form of Certificate of Authentication of Paying Agent/Registrar. (To be printed on all Bonds other than the Initial Bonds) CERTIFICATE OF AUTHENTICATION This is one of the Bonds referred to in the within mentioned Bond Order. FIRST CITY NATIONAL BANK OF HOUSTON, as Paying Agent/ Registrar Dated :................... By.... .. ..... ............ Authorized Signature 3.04. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee) ................................... .............................................................. .............................................................. -11- • • • (Social Security or other identifying number :................. .. .) the within Bond and all rights thereunder, and•hereby~~irrevocably constitutes and appoints ............... ............................................................ attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED : ................ ............... ............. . NOTICE: The signature on this In the presence of: assignment must correspond with the name of the registered owner •••••••••••••••••••••.. as it appears on the face of the within Bond in every particular. Section 4. SECURITY OF BONDS The Bonds are secured by and payable (until all the territory within the District is annexed, all properties and assets of the District are taken over and all debts, liabilities and obligations of the District, including the Bonds, are assumed by one or more cities and the District is abolished pursuant to existing Texas law) from and are secured by (i) the levy of a continuing, direct annual ad valorem tax, without limit as to rate or amount, upon all taxable property within the District; and (ii} a lien on and pledge of the net revenues from the operation of the District's waterworks and sanitary sewer systems after deduction of reasonable costs of administration, efficient operation and adequate maintenance of the District's service facilities, in the manner provided by Section 51.450(b)(3) of the Texas Water Code, as amended, as follows: 4.01. Levy of Tax. While. the Bonds, or any part of the principal thereof or interest thereon, remain out- standing and unpaid, there shall be levied, assessed and collected in due time, form and manner an ad valorem tax on all taxable property within the District, which tax shall be sufficient to pay each installment on the principal of the Bonds as it matures and each installment on the interest of the Bonds as it accrues. For the current year there is hereby levied, and for each year thereafter while the Bonds, or any part of the principal and interest thereof, are outstanding and unpaid, there shall be and is hereby levied, an ad valorem tax upon all taxable property within the District sufficient in amount to pay the interest on the Bonds, together with an additional amount to be placed in the sinking fund sufficient to redeem and discharge such bonds at their maturity, full allowance being made for delinquencies and cost of collection, and such tax for the current year and each year thereafter shall be assessed, collected and applied to the payment of interest on and principal of said bonds; provided that at such time as the net revenues from the operation of the District's waterworks and sanitary sewer system, after payment of reasonable administration, operation and main- tenance expenses, which net revenues are hereafter pledged to the payment of the Bonds, together with the money derived from taxes, in the sinking fund may have accumulated a surplus equal to the sum to be required in the succeeding year to liquidate the interest and principal of the District's bonds maturing in that year, the District's annual tax levies may be lowered to produce not less than twenty-five per centum (25%) of all bond maturities for such succeeding year, until an actual experience of three successive years -12- .~. • may demonstrate that the net revenues are wholly adequate to protect the District's bonds as they mature; and at such time the District's tax may be wholly abated, until further experience may demonstrate the necessity again to exert the District' taxing power in order to avoid default in the payment of the District's said bonds as they mature. 4.02. Taxation for Benefit of Bonds by Annexing Cif. The obligations of the District to levy a tax without limit as to rate and amount on taxable property within the District and to pledge and collect the net revenues from operation of the System shall terminate when and if a city, town or village annexes the District, takes over the proper- ties of the District and assumes the debts, liabilities and other obligations of the District and abolishes the District and the annexing city, town or village shall be required to provide for the payment of principal and interest on the Outstanding Bonds, the Bonds and any Additional Bonds in the manner now or hereafter required by law. Nothing contained herein shall impair the bondholders' rights to full payment of principal and interest on the Outstanding Bonds, the Bonds and any Additional Bonds by requiring the levy of ad valorem taxes within the District after annexation, if • necessary. 4.03. Incorporation of Certain Terms. Except where inconsistent with the provisions of this Order, Sections X and XI of the Bond Order adopted by the Board of Directors on September 13, 1968, ordering to be issued the District's Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1968, are hereby adopted by reference, and same shall apply with equal force to the bonds ordered to be issued by this Order as if said sections were fully set forth herein. Section 5. APPLICATION OF BOND PROCEEDS Proceeds from the sale of the Bonds will be dis- bursed in accordance with this Section. 5.01. Accrued Interest. Moneys received from the purchasers of the Bonds representing accrued interest on the Bonds from the Initial Date or the last interest payment date to the date of their actual delivery shall be deposited into the Bond Fund. 5.02. Interest During Construction. The Board affirmatively finds that the period of construction of the improvements described in Section 5.03 hereof will be not less than six months from the date the Bonds are sold. To establish an interest and sinking fund for the payment of the interest during the first six months on the Bonds, there is hereby appropriated and set aside out of the proceeds of the sale of the Bonds an amount sufficient to pay said interest during said period. 5.03. Construction Fund. The proceeds of the sale of the Bonds, as received, after making the deposits hereinbefore provided, shall be deposited into the Construc- tion Fund and shall be used solely for the payment of the expenses incidental to the issuance of the Bonds, including fiscal, legal and engineering fees and expenses, and the costs of the construction and/or purchase and acquisition of the System, including without limitation the facilities, plants, equipment, improvements and rights set forth in the Engineer's Report filed in the office of the District, -13- n c: amounts due under contracts and expenses incidental to the organization and administration of the District, all to the extent authorized or permuted under applicable law including the Regulations and orders of the Department. 5.04. Surplus Construction Funds. Any moneys remaining in the Construction Fund after completion of the entire System shall be deposited into .the System Fund to be used, subject to the regulations of the Department, by the District in the same manner as other moneys in the System Fund are used. Section 6. ADDITIONAL BONDS AND REFUNDING BONDS In addition to the right to issue (i) bonds speci- fied in Article X of the Bond Order of the District autho- rizing its Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1968, incorporated herein by reference; and (ii) bonds of inferior liens, the District also makes the following reservations: 6.01. Additional Bonds. The District expressly reserves the right to issue in one or more installments for the purpose of completing, repairing, improving, extending, enlarging or replacing the System such unlimited tax bonds or combination tax and revenue bonds as may hereafter be authorized at subsequent elections. Such bonds may be in all things on a parity with the Bonds and any previously issued bonds of the District. 6.02. Special Project Bonds. The District further reserves the right to issue bonds in one or more series or installments for the purchase, construction, improvement, extension, replacement, enlargement or repair of water and/or sewer facilities necessary under a contract or contracts with persons, corporations, municipal corporations, political subdivisions, or other entities, such bonds to be payable from and secured by the proceeds of such contract or contracts. The District further reserves the right to refund such bonds. 6.03. Refunding Bonds. The District further re- serves the right to issue bonds in one or more installments to refund any Bonds and other outstanding bonds subject to prior redemption if they have been called for redemption, or any~Bonds and other outstanding bonds the bearers or regis- tered owners of which have consented to have refunded, and the Refunding Bonds so issued shall enjoy complete equality of lien with the portion of the bonds not refunded, if any there be, and the Refunding Bonds so issued shall enjoy the priority of lien that had been enjoyed by the bonds refunded. Section 7. COVENANTS The District covenants and agrees that, so long as any of the Bonds. are outstanding, it will: 7.01. Security for Funds. See that all funds of the District are secured in the manner and to the fullest extent required by law for the security of public funds and that such funds shall be used only for the purposes and in the manner permitted or required by this Order. 7.02. No Arbitrage. Make no use of the proceeds of the Bonds which will cause the Bonds to be or become "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, or any regula- tions promulgated thereunder or rulings pertaining thereto, -14- and the District will otherwise comply with the pertinent provisions of said Section 103(c) and such regulations and rulings in 'order that the Bonds will not be or become ar- bitrage bonds thereunder. Section 8. .GENERAL COVENANTS AND REPRESENTATIONS The District covenants and represents that: r 8.01. Absence of Pledge of Income. Other than the payment of the operation and maintenance expenses, the Outstanding Bonds and the Bonds, the rents, revenues and incomes of the System have not in any manner been pledged to the payment of any debt or obligation of the District or the System, and the System is free and clear of all encumbrances whatsoever, except as hereinabove stated. 8.02. Power. It has lawful power to issue the Bonds and has lawfully exercised said power under the Constitution and laws of the State of Texas. 8.03. Ratable Security. The Bonds shall be ratably secured in such manner that no one Bond shall have preference over other Bonds. 8.04. Franchises, Permits. It has obtained or will obtain or cause to be obtained and will comply with the terms and conditions of all franchises, permits, and authori- zations obtained from any other governmental agency applicable to or necessary with respect to the System, and it will keep all such franchises, permits, and authorizations in full force and effect. Section 9. DEFAULT PROVISIONS I~ u 9.01. Remedies of Registered Owners. In addition to all rights and remedies of any registered owner of the Bonds provided by the laws of the State of Texas, the District and the Board covenant and agree that in the event the District defaults in the payment of the principal of or interest on any of the Bonds when due, fails to make the payments required by this Order to be made into the Bond Fund, or defaults in the observance or performance of any of the covenants, conditions or obligations set forth in this Order, the registered owner of any of the Bonds shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the Board and other officers of the District to observe and perform any covenant, obligation or condition prescribed in this Order. No delay or omission by-any registered owner to exercise any right or power accruing to him upon default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right or power may be exercised from time to time and as often as may be deemed expedient. The specific remedies mentioned in this Order shall be available to any registered owner of any of the Bonds and shall be cumulative of all other existing remedies. 9.02. Order is Contract. In consideration of the purchase and the acceptance of the Bonds authorized to be issued hereunder by those who shall hold .the same from time to time, the provisions of this Order shall be deemed to be and shall constitute a contract between the District and the registered owners of the Bonds, and the covenants and agreements herein set forth to be performed on behalf of the District shall be for the equal benefit, protection and security of the registered owners of any and all of the -15- • ..~ i Bonds, all of which, regardless of the time or times of their issue or maturity, shall be of equal rank without preference, priority or distinction except as expressly provided herein. Section 10. DEFEASANCE 10.01. Defeasance by Deposit. Any Bond shall be deemed to be paid and shall no longer be considered to be a "Bond" within the meaning of this Order when payment of the principal of and interest on such Bond to maturity or to the date fixed for redemption (notice of which shall have been given or waived) shall have been made or provided for by depositing with the Treasurer of the State of Texas or with the Paying Agent/Registrar, (i) moneys sufficient to make such payment or (ii) moneys and Governmental Obligations certified by an independent public accounting firm of national reputation to be of such maturities and interest payment dates and to bear such interest as will, without further investment of the principal thereof or the interest thereon, be sufficient to make such payment, provided that all the expenses pertaining to the Bonds with respect to which such deposit is made shall have been paid or the payment thereof provided for to the satisfaction of said State Treasurer or the Paying Agent/Registrar, as the case may be. At such times as a Bond shall be deemed to be paid hereunder, as aforesaid, it shall no longer be entitled to the benefits of this Order, except for the purposes of any such payment from such moneys or Governmental Obligations. If money and/or Governmental Obligations are deposited with the Paying Agent/Registrar, sufficient to make such payment with respect to some, but not all, of the Bonds, the District shall designate the Bonds with respect to which such deposit is made. Section 11. SUBMISSION AND REGISTRATION OF BONDS 11.01. Authority. The President of the Board of Directors of the District is hereby authorized and directed to submit, or cause to be submitted, the record of the Bonds, and the Bonds, to the Attorney General of the State of Texas for examination and approval and thereafter cause the Bonds to be registered by the Comptroller of Public Accounts of the State of Texas. Upon said registration of the .Bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be printed and endorsed on each Bond, and the seal of said Comptroller shall be impressed, printed, or lithographed on each of the Bonds. The President and Secretary of the Board of Directors and other appropriate officers of the District are hereby further authorized and directed to do any and all things necessary and/or convenient to carry out the provisions of this Order. Section 12. SALE OF BONDS 12.01. Sale of Bonds. The sale of the Bonds to being the best bidder for the Bonds as a result of advertising and invita- tions for competitive bids in compliance with State law, at a price equal to the principal amount of the Bonds and accrued interest to the date of delivery, plus a cash premium of $ is hereby authorized, approved, ratified and confirmed. The Board hereby finds and determines that the net effective interest rate of the Bonds, as calculated pursuant to Article 717k-2, V.A.T.C.S., as amended, is 0 a• -16- • Section 13. MISCELLANEOUS PROVISIONS 13.01. Successors and Assi ns. Whenever in this Order the District is named and referred to it shall be .deemed to include its successors and assigns, and all cove- nants and agreements in this Order contained by or on behalf of the District shall bind and inure to the benefit of its successors and assigns whether or not so expressed except to the extent. otherwise provided in this Order. 13.02. No Recourse Against District Officers. No recourse shall be had for the payment of the principal o£ or the interest on the Bonds or for any claim based thereon or in this Order against any officer of the District or any person executing the Bonds. 13.03. Paying,Agent/Re~Cistrar May Own Bonds. The Paying Agent/Registrar, in its individual or any other capacity, may become the owner or pledgee of the Bonds with the same rights it would have if it were not Paying Agent/ Registrar. 13.04. Legal Holidays. In any case where the date of maturity of the principal of or interest on the Bonds or the date fixed for redemption of any Bonds shall be in the city of the principal office of the Paying Agent/ Registrar a legal holiday or a day on which banking institu- tions are authorized by law to close, then payment of interest or principal need not be made on such date but may be made on the next succeeding day not a legal holiday or day on which banking institutions are authorized by law to close in such city with the same force and effect as if made on the date of maturity or the date fixed for redemption and no interest shall accrue for the period from and after such date. 13.05. Benefits of Order Provision. Nothing in this Order, expressed or implied, shall give or be construed to give any person, firm or corporation, other than the District, the Paying Agent/Registrar, and the registered owners of the Bonds, any legal or equitable right or claim under or in respect of this Order or under any covenant, condition or provision herein contained, all the covenants, conditions and provisions contained in this Order being for the sole benefit of the District, the Paying Agent/Registrar, and~the registered owners of the Bonds. 13.06. Interpretations. The titles and headings of the Sections of this Order have been inserted for conve- nience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms and provisions hereof. This Order and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of the Bonds herein authorized and the validity of the taxes levied in payment thereof and the validity of the lien on and pledge of the revenues from which the Bonds are payable. 13.07. Effective Date of Resolution. This Order shall take effect and be in full force and effect from and after its passage. -17- • [7 PASSED AND APPROVED this the 21st day of February, 1984. President, Board of Directors, College View Municipal Utility District ATTEST: Secretary, Board of Directors, College View Municipal Utility District (SEAL) r RHG:96:D -18- Exhibit A BOND REGISTRAR AND PAYING AGENT AGREEMENT THIS AGREEMENT entered into as of , 1984 (the "Agreement") by and between College View Municipal Utility District, a political subdivision of the State of Texas located in Harris County, Texas (the "District"),.and First City National Bank of Houston, a national banking association duly organized and existing under the laws of the United States of America with its principal offices in Houston, Texas (the "Bank"); W I T N E S S E T H: WHEREAS, the District has duly authorized and provided for the issuance of its Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1984 (the "Bonds"), in the aggregate principal amount of $3,350,000 to be issued as registered bonds without coupons; and WHEREAS, all things necessary to make the Bonds the valid obligations of the District, in accordance with their terms, will be taken prior to the issuance and delivery thereof; and WHEREAS, the District is desirous that the Bank serve as the agent of the District for the purpose of provid- ing for the authentication, registration, transfer, exchange, replacement and payment of the Bonds, all under and in strict conformity with the Order of the District authorizing the issuance and sale of the Bonds and approving this Agree- ment; and WHEREAS, the Bank desires to serve as the District's agent for the purposes listed above and to enter into and perform its obligations under this Agreement; NOW, THEREFORE, the District and the Bank hereby agree as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment. The District hereby appoints the Bank to act as Paying Agent/Registrar with respect to the Bonds, for the purposes of (i) paying to the registered owners of the Bonds the principal of and interest on all or any of the Bonds; (ii) maintaining the Bond Register (as defined in Section 4.01) in which shall be kept the names and addresses of the registered owners the Bonds; and (iii) authenticating .Bonds issued pursuant to the Order authorizing the Bonds, all as described in this Agreement. The Bank hereby accepts such appointments, and agrees to act as, the Paying Agent/Registrar with respect to the Bonds, subject is the terms and conditions of this Agreement. Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the District hereby agrees to pay the Bank the fees and amounts set forth in Annex A hereto until December forth in services shall be prior to the first 31, 1984 and thereafter the fees and amounts set the Bank's current fee schedule then in effect for as Paying Agent/Registrar for municipalities, which supplied to the District on or before ninety days the close of each year,~and shall be effective upon day of the following year. In addition, the District agrees to reimburse the Bank upon its request for all reasonable expenses, disburse- ments and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). • -2- • ARTICLE TWO Section 2.01. DEFINITIONS Definitions. • For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Bank Office" means the principal corporate trust office of the Bank as indicated on the signature page hereof. The Bank will notify the District in writing of any change in location of the Bank Office. "Bond Order" means the order of the Board of . Directors of the District adopted on February 21, 1984 authorizing the issuance and sale of the Bonds, a certified copy of which has been delivered to the Bank. "District Request" and "District Order" mean a written request or order signed in the name of the District by the President or Vice President of the Board of Directors of the District and delivered to the Bank. "Responsible Officer" when used with respect to the Bank means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, any Assistant Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. ARTICLE THREE PAYING AGENT Section 3.01. Duties of the Bank as Paving A ent. As Paying Agent, the Bank shall, provided adequate funds have been provided to it for such purpose by or on behalf of the District, pay on behalf of the District the principal of the Bonds at their respective maturities, whether at their stated maturities or upon acceleration of maturity as provided in the Bond Order, to the registered owner thereof upon surrender of the Bond to the Bank at the Bank Office. -3- • As Paying Agent, the Bank shall, provided adequate collected funds have been provided t: it for. such purpose by or on behalf of the District, pay on behalf of the District the interest on the Bonds when due, by computing the amount of interest to be paid each registered owner thereof, preparing the checks and mailing them as specified in the Bond Order, to such owners, addressed to their addresses appearing on the Bond Register. Section 3.02. Payment Dates. The District hereby instructs the Bank to pay the • principal of and interest on the Bonds at the dates specified in the Bond Order. ARTICLE FOUR REGISTRAR Section 4.01. Authentication, Transfer and Exchan e. The District shall keep at the Bank Office a register (herein and in the Bond Order called the "Bond Register") in which, subject to such reasonable written regulations as the District may prescribe (which regulations shall be furnished the Bank herewith or subsequent hereto by District Order), the District shall provide for the registra- tion of Bonds and of transfers of Bonds. The Bank agrees to maintain the Bond Register while it is Registrar. At any time and from time to time after the execu- tion and delivery of this Agreement, any registered owner may deliver to the Bank, for transfer or exchange, any Bonds accompanied by instructions from such registered owner designating the persons and authorized maturities and princi- pal amounts to and in which such Bonds are to be transferred or exchanged, and the Bank shall thereupon, within not more than three (3) business days, authenticate and deliver such Bonds, as provided herein, in the Bond Order and in such instructions. Such Bonds shall be executed on behalf of the District and shall be authenticated in the manner provided -4- i • ,~ in the Bond Order. With respect to any Bond authenticated and delivered•by the Bank hereunder, the Bank shall place the date of authentication of such Bonds in the place pro- vided for such date in the form of Bond. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the District, evi- dencing the same debt, and entitled to the same benefits hereunder and under the Bond Order, as the Bonds surrendered upon such exchange. No service charge shall be made by the Bank to the registered owner of a Bond or any transferee for any registra- tion, transfer or exchange of Bonds, but the Bank shall • require payment by such registered owner thereof or trans- feree(s) of a sum sufficient to cover any tax or other governmental charge that may be imposed upon or be collectible by the District or the Bank in connection with any such transfer or exchange of Bonds. Every Bond surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, Inc., in form satisfactory to the Bank, duly, executed by the registered owner thereof or his attorney duly authorized in writing. • The Bank may request any supporting documentation it feels necessary to effect a transfer or re-registration. Section 4.02. Certificates. The District shall provide an adequate inventory of Bond certificates to facilitate transfers. The Bank covenants that it will maintain Bond certificates in safe- keeping and will use reasonable care in maintaining such certificates in safekeeping, which shall be not less than -5- • the care it maintains for debt securities of other govern- ments or corporations for which it serves as registrar, or which it maintains for its own securities. 4.03. Form of Bond Register. The Bank as Registrar will maintain the records of the Bond Register in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Register in any form other than those which the Bank has currently available and currently utilizes at the time; provided, however, that such form shall at all times be adequate to provide for an accurate accounting of the entire principal amount of Bonds maturing in each year of maturity, and to permit the tracing of any Bond to one of the Initial Bonds (as such term is defined in the Bond Order). The Bond Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4.04. List of Registered Owners of Bonds. The Bank will provide the District at any time • requested by the District, upon payment of the required fee, a copy of the information contained in the Bond Register. The District may also inspect the information in the Bond Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the content of the Bond Register to any person other than, or at the written request of, the President or Vice President of the Board of Directors of the District, except upon receipt of a subpoena or court order. Upon receipt of a subpoena or court order, or any notice relating to such a subpoena or order or a hearing with respect thereto, the Bank will -6- • promptly notify the District so that the District may have n U n LJ the opportunity to contest the subpoena or court order. Section 4.05. Return of Cancelled Certificates. The Bank will, in accordance with the written instructions of the District, surrender to the District, cancelled Bond certificates in lieu of which or in exchange for which other Bonds have been issued, or which have been paid. Bonds. Section 4.06. Mutilated, Destroyed, Lost, or Stolen The District hereby instructs the Bank to deliver and issue Bonds in exchange for or in lieu of mutilated, destroyed, lost or stolen Bonds as long as the same does not result in an overissuance. The Bank will issue and deliver a new Bond in exchange for a mutilated Bond surrendered to it. The Bank will issue a new Bond in lieu of a Bond for which it receives written representation from the registered owner thereof that the certificate representing such Bond is destroyed, lost, or stolen, without the surrender or production of the original certificate. The Bank will pay on behalf of the District the principal of a Bond for which it receives written representation such Bond is destroyed, lost or stolen following the stated maturity or redemption of the Bond, without the surrender or production of the original certificate. The Bank will not issue a replacement Bond or pay such replacement Bond for a lost, stolen or destroyed Bond unless there is delivered to the Bank such security or indemnity as it may require (which may be by the Bank's blanket bond) to save both the Bank and the District harmless. On satisfaction of the Bank and the District, the certificate number on the Bond Register will be cancelled with a notation that it has been mutilated, destroyed, lost -7- • or stolen and a new Bond will be issued of the same series and of like tenor and principal amount bearing a number (according to the Bond Register) not contemporaneously out- standing. The Bank shall charge the registered owner of the Bond the Bank's fees and expenses in connection with issuing a new Bond in lieu of or exchange for a multilated, destroyed, lost or stolen Bond. The District hereby accepts the Bank's current blanket bond for lost, stolen, or destroyed certificates and any future substitute blanket bond for lost, stolen, or destroyed certificates that the Bank may arrange and that has substantially the same coverage, and agrees that the coverage under any such blanket bond is acceptable to it and meets the District's requirements as to security or indemnity. The blanket bond utilized for the purpose of lost, stolen or destroyed Certificates by the Bank shall be available for inspection by the District on request. Section 4.07. Transaction Information to the The Bank will, within a reasonable time after receipt of written request from the District, furnish the District information as to interest and principal payments it has made with respect to the Bonds, Bonds it has delivered upon the transfer or exchange of any Bonds pursuant to Section 4.01 and Bonds it has delivered in exchange for or in lieu of mutiliated, destroyed, lost or stolen Bonds pursuant to Section 4.06. ARTICLE FIVE THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the per- formance thereof. -8- • • Section 5.02. Reliance on Documents, Etc. (a)• The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document reasonably believed by it to be genuine and to have been signed or presented by the proper party or parties. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security or other paper or document supplied by the President or Vice President of the Board of Directors of the District. (b) The Bank may consult with counsel, and the written advice of such counsel or any opinion of coun- sel shall be full and complete authorization and protec- tion with respect to any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon. (c) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. • Section 5.03. Recitals of the District. The recitals contained herein and in the Bond certificates, except the certificate of authentication of the Bonds, shall be taken as the statements of the District, and the Bank assumes no responsibility for their correctness. Section 5.04. May Hold Bonds. The Bank, in its individual or any other capacity, may become the owner or pledgee of Bonds and may otherwise • deal with the District with the same rights it would have if -9- • .r ~ • it were not acting as the Paying Agent/Registrar or in any other capacity hereunder. Section 5.05. Moneys Held by Bank. Money deposited by the District with the Bank for payment of the principal (or redemption price) of or in- terest on any Bonds shall be segregated from other funds of the Bank and the District and shall be held in trust for the benefit of the registered owners of the Bonds. All money deposited with the Bank hereunder shall be secured in the manner and to the fullest extent required by law for the security of funds of the District. The Bank shall be under no liability for interest on any funds received by it here- • under unless a District official directs the investment of such funds, in which case such funds shall be so invested and any interest earned thereon shall be paid or credited to the District, unless otherwise agreed with the District. Section 5.06. Indemnification. The District agrees to indemnify the Bank for, and hold it harmless against, any loss, liability or expense incurred without negligence or bad faith on its part, aris- ing out of or in connection with the performance of its duties hereunder, including the cost and expense (including its counsel fees) of .defending itself against any such claim or liability in connection with the exercise or performance • of any of its powers or duties under this Agreement. Section 5.07. Resignation and Removal. The Bank may resign from its duties hereunder at any time by giving not less than thirty (30) days' written notice thereof to the District. The Bank may be removed from its duties hereunder at any time, with or without cause, by an order or resolu- tion adopted by the Board of Directors of the District • designating a successor upon not less than thirty (30) days' notice; provided, however, no such removal shall become -10- • • LJ effective until such successor shall have accepted the duties of the-Bank hereunder by written instrument. Upon the effective date of such resignation or removal (or any earlier date designated by the District in case of resignation) the Bank shall, upon payment of all its fees, charges, and expenses then due, transfer and deliver to or upon the order of the District the Bond Register and all other funds, records, Bonds and Bond certificates held by it under this Agreement. If the Bank shall resign or be removed, the District CJ shall by order or resolution of its Board of Directors promptly appoint and engage a successor to fulfill the obligations of the Bank hereunder, which appointment shall be effective as of the effective date of the acceptance of such duties by such successor. The District (or such successor on behalf of the District) shall immediately give notice of such substitution hereunder to the registered owners of all Bonds then outstanding, including the name of such successor and the address of its principal office. Section 5.08. Merger, Conversion, Consolidation or Succession. Any corporation into which the Bank may be merged n U or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consoli- dated to which the Bank shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Bank shall be the successor of the Bank hereunder without the execution or filing or any paper or any further act on the part of either of the parties hereto. In case any Bond(s) shall have been authenticated, but not delivered, by the Bank then acting hereunder, any such successor by merger, conversion or consolidation to such authenticating Bank may adopt such authentication and -11- • deliver the Bond(s) so authenticated with the same effect as if such successor Bank had authenticated such Bond(s). ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03. Notices. • Any request, demand, authorization, direction, notice, consent, waiver or other document provided or per- mitted hereby to be given or furnished to the District or the Bank shall be mailed or delivered to the District or the Bank, respectively, at the addresses shown on the signature page hereof. Section 6.04. Effect of Headin s. The Article and Section headings are for conven- ience only and shall not affect the construction hereof. Section 6.05. Successors and Assi s. All covenants and agreements herein by the District and the Bank shall bind their respective successors and assigns, whether so expressed or not. Section 6.06. Benefits of Agreement. Nothing herein, express or implied, shall give to any person, other than the parties hereto and their succes- sors hereunder, any benefit or any legal or equitable right, remedy or claim hereunder. Section 6.07. Entire Agreement. This Agreement and the Bond Order constitute the entire agreement between the parties hereto relative to the • Bank's acting as Paying Agent, Registrar and Authenticating -12- ' ~ • j ~ ~ s Agent and if any conflict exists between this Agreement and the Bond Order, the Bond Order shall govern. Section 6.08. Counterparts. This Agreement may be executed in any number of counterparts, each which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.09. Termination. This Agreement will terminate on the date of final payment by the Bank issuing its checks for the final payment of principal and interest of the Bonds. This Agreement may be earlier terminated upon sixty days written notice by either party. • The provisions of Section 1.02 and Article Five shall survive, and remain in full force and effect following the termination of this Agreement. Section 6.10. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. COLLEGE VIEW MUNICIPAL UTILITY DISTRICT [SEAL] Attest: Secretary, Board of Directors [SEAL ] Attest: Title: RHG:96:E BY President, Board of Directors Address: 8610 Bandridge La Porte, Texas 77571 FIRST CITY NATIONAL BANK OF HOUSTON BY Title: Address: 2 Houston Center, Lower Level Houston, Texas 77002 -13- ~~~~ • • HARRY DOW DOW, COC3~BUHN 8c FHIEDMAN MELVIN A. DOW EoMUNO L. coGBURN ATTORNEYS AT LAW BERNARD O. DOW ABRAHAM P. FRIEDMAN -~- SUITE 2300 THE COASTAL TOWER VINCENT L. MARINO 9 GREENWAY PLAZA PAUL M.EASTERWOOD JOHN M. HELMS HOUSTON, TEXAS 77046 K. GREGORY ERWIN BRUCE W. MERWIN KENNETH N. KATES GEORGE A. RUSTAY WARREN A. HOFFMAN DE NIS CLIVE GRAHAM 1984 January 19 JOYCE E. COLSON , S BARRY E. PUTTERMAN STEVEN 1. SOFFER NEIL M. ROSENSTEIN JEFF D. LEFKOWITZ CHARITY M. O'CONNELL VIA MESSENGER Mr. Knox Askins City Attorney 702 W. Fairmont Parkway La Porte, Texas 77571-1218 AREA CODE X13 626-S B70 Re: LAI Properties, Inc. - City of La Porte Industrial Tax P4atters Dear Mr. Askins: Pursuant to your letter to me of January 9, 1984, my client, LAI Properties, Inc., has agreed to accept the offer of the City of La Porte, as outlined in your letter. • Therefore, I am enclosing to you, two original Industrial District Agreements, on your standard form, fully executed by LAI Properties, Inc., together with a check payable to the City of La Porte, for $14,891.80. The enclosed check is being tendered to the City as payment in full of all taxes, penalties and interest due to the City from LAI Properties, Inc. for the years 1983, 1982 and any prior years. In addition, the enclosed payment is being tendered upon the condition that the City of La Porte (and all of the "City Commissioners", as well as yourself) fully execute both of the enclosed Industrial District Agreements and return one original, fully executed copy to me for my files. You should note that the following minor additions have been made to the standard agreement: 1. Legal descriptions for the property have been added as Exhibits "A" and "B", with reference on page 1; 2. The Agreements have been dated January 1, 1984; and • 3. On page 10 of the Agreement, I have added a one-sentence paragraph making reference to Exhibit "C", which is simply the paragraph you drafted relating to our "settlement" of this matter, with minor revisions noted in the separate red-lined copy of said paragraph which I have enclosed for your convenience. i ~ ~c • Mr. Knox Askins January 19, 1984 Page 2 • As we discussed on January 16, 1984, I (and my client) assume that (and our tender of the enclosed check is also conditional upon your representation that) the necessary approvals from the City of La Porte have been received by LAI Properties, -Inc. to correct their water problems on their industrial site in La Po rte. If this letter and the enclosures are acceptable to you and the City, please give me a call and have these instruments executed at your earliest convenience. Thank you for your assistance in concluding this matter. Very truly yours, DOW, COGBURN & FRIEDMAN Warren A. Hoffman WAH:ms WH045T Enclosures • cc: Mr. John N. Baird Mr. Dennis Siatka • EXHIBIT "A" LJ TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN LA PORTE, TRXAS ( CITY ) I P NY" ) DATED JANUARY 9 pA1iC1rI. ~0. ' 1 Bein$ 8.00 acres o! rand oct oL the Richard Psarsa2l 1/3 League, ,1.625, mote particulsriq describe4 ae iolloxs: ~Commeacing as Humble lSoauneat *fo. Z13 marking the southeast corner of the Richard F4arsa1l 3:~3 League, e1-62S, and the northeast eons+r o! Lhe Gorge HcKinstry League, 0-il; Thence T 220 22' Oi" K - 3,522.24 teat to 8cd No. 2090 is the south tins o.' Fairrsoat Dar~cway for the northeast corset-this Parcel No. 1, said Sod being slso 5 6S° 03' 21" 1- - 457.42 tact nom . Buable 3loauseat 1So. 267; Thence S 30 Oi' 08" F - 400.00 feet to iod Yo. 2091 !or the southeast :oraer this par=el; Thence S 860 52' S4'• A - 871.7 test !o Rod ~To. 2093 !ox southwest corner this parcel; . Thrace N 30 0.' 05" '~ - 400.00 teat :u Rud ::o. 2.?9Z in the Soutls 31re Fsirnort Psr'~Ray Sot avrt.~s: corner this parcel; Thanes ?i 8bo 32' 34" E, :long sad with :he south line of slid Fs!s~o^t Paric~-a„ 871.'' Scet to tao plsce of be~iaaing, containing 5.00 aer~s. PARCEL PiO. 2 .} Sri::t 1.56 acres cut o! tre Richard Pearsall 1/3 Lea~we, . .1-623, morn partic~:iarly deacrited as lollos9: Beginning at Bod No. 2092 which marks the acs:~- xest corner of parcel No. 1 for northeast coruar this parcel; Thence S 3° 07 '" 06•' E, along and with the xast line said parcel No. 1 400.00 lest to eouth~est corner said Parcel No. 1 which corner is marked by Rod Yo . 2093 ; Thence S 86o b2' S4" A -201.82 tact tC ltod _^09S • fox southesst corner this parcel; Thence K 3° 07''06" W - 400.00 Seet to Rod 2094 set la tha south line Fairmcnt Parkway for north- Mest corner this parcel; Thecae N 86° S2' S4" E - along and with soat~ line said Fairmont Parkway 201.82 feet to the Dlace oi' beginning containing 1.86 acres. Q-I~ EXHIBIT "B" • TO INDUSTRIAL DISTRICT AGREEMENT P RTE, TEXAS ("CITY") I 0 NY") DATED JANUARY 19 CQ':7ENCING at the intersection of the East right-of-way line of Eay Arca 6ouleyard with the South right-of-xay ling of Fairsiont Parkxay: tHE1~CE t:orth 86. 52' S4" East with the South right-of-xay line of Fair~ont Parkxay7 distance of 896.73 feet to the F~3ItiT ^vf-B£GI;;N}lt6. said yoint being the Northxest corner of the pre,rfe~x]y Renti~red 16 acre liquid Air. Inc. tract; ' TFIcNCE Gorth 86. 5Z' S4" •East wish the South rigt:t-r!-r-ay line of - Fairmont Par;cway. a distaste of 456.5? for: to the PCItrT OF BEWt.:;:!tG; • THEtiCE South 03. 07' OS" Eest arer and acre:: li;:rie+ sir. Inc. 16.00 acre tract. a distance of 3BC.05 fee. to a cni:rlea "x' un t:.tK rote; ThENCE North 86' SZ' S4" East a distance of .54.20 feet to an Iron rod ' set in concrtte; Tf'.~f:~E South 03' 01' 06" Cast co~:tinuir,g o:rr rnc+ :tP!~SS Lt.t :5.~7 :•:: e tract. a distance o! 7b9.09 feet to an iron ron ~Pt ir, ceucrete; TN:frCE t;orth f36° 52' Sy" East xit!~ the SCUih Iir~: v: the 16.00 a.r•e trstt a distance of 557.65 fort to an iron rod set in cc,ncrete; Ti;=t:CE t:orth 03. O1' Oo" Kest with the fast lire of tAe 16.00 acre irect. a distance of 659.14 feat to an iron rod set in co~~crete and st'::~L:! in ::e So,,th right-of-way line of fai~-aont Parhray; T~cRCE South 8E' S2' S:" Nast +:it1 Lie South : iyh*_-..f-hay iir.: of Tai:..nt Fari;::ay. a dis:erte of ti16.w5 dt:~t to :hf PCi:i"t Of ei::i:.:t!::G c~,cl;si:,g a tract of land ce~taininy 8.8261 etres core c+r le;s. • • G~~s • • EXHIBIT "C" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN LA PORTE, TEXAS ("CITY") AND LAI PROPERTIES, INC. ("COMPANY") DATED .JANUARY 1, 1984 Notwithstanding anything in this Agreement to the apparent contrary, the execution and delivery of this Agreement by the parties, is in full, final, and complete satisfaction of all claims by the parties for ad valorem tax matters (including all tax, penalties and interest) for 1983 and prior years, or for any refunds thereof. Company has, simultaneously with the execution of this Agreement, tendered to City its payment of $1.4,891.80 for payment of delinquent 1982 ad valorem taxes and penalty and interest thereon, and current 1983 ad valorem taxes. City, by execution .hereof, agrees to credit Company with payment in advance of "in lieu of taxes" payments for calendar years 1984, 1985 and 1986 hereunder. During such years, Company shall only be obligated to pay the ad valorem tax on twenty-five percent (25~) of the value of Company's taxable property covered by the terms of this Agreement, as more fully described herein. • ~-i~ •• ~ ~•~: • • NOTICE: TIIIS COPJTRACT IS SUBJECT TO ARBITRATION • UNDL•'R 7.'fIE 'TEXAS GENERAL ARBITRATION ACT., ARTICLE. 22~ , E'i'. SEO. , REVISED CIVIL 5TATUTI;S OF TEXAS THE STATE OF TE:{AS § COUNTY OF HARRIS § CITY OF LA PORTS § INDUSTRIAL DISTRICT AGP,EEf51EPJT This AGRIEt•IENT made and entered into by and between the CITY OF LA PORTS, TEXAS,. a municipal corporation of Harris County, Texas, hereinafter called "CITY", and -LAT PROPERTIES ~ INC. a Delaware • corporation, hereinafter called "COt1PANY", W I T N E S S E T H: That WHEREAS, it is the established policy of the Gity Commission of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and .which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing indus- tries therein, and such policy is hereby reaffirmed and adopted by this City Commission as being in the best interest of the City and its citizens; and WHEREAS, Company is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County,. Texas, • in the following Volume and Page references, to-wit: those certain tracts or parcels of land described in Exhibit "A" attached hereto and made part hereof, save and except that certain tract of land described in Exhibit "B" attached hereto and made part hereof, all of said land being in the Richard Pearsall 1/3 League, A-625, Harris County, Texas. (Revised: a-79) ~. i~ ', ~ • C_I Industrial District Agreement - 2 • upon which tract(s) Company has either. constructed an industrial plant(s) or contemplates the construction of an industrial plant(s); and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located .in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, 1A Texas," and Ordinance No. 842, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Indus- trial District of La Porte, Texas," hereinafter collectively called "District," such Ordinances being in compliance with the Municipal • Annexation Act of Texas, Article 970a, Vernons Annotated Revised Civil Statutes of Texas; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreement with Company pursuant to Resolution adopted by the City Commission of said City and recorded in the official minutes of said City: NOl~, TEiEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation' Act. and the Ordi- nances of City referred to above, City and Company hereby agree with each other as follows: f = City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provi- sions of this Agreement, said District shall continue and retain its extraterritorial status as an industrial district, at least to the extent that the same covers the land described above and belonging to Company and its assigns, and .unless and until the status of said land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this l~greement. Subject to ~ IB •.. ,, w • • Industrial District Agreement - 3 the foregoing and and to .the later provisions of this Agreement, City does further covenant, agree and guarantee .that such industrial district, to the extent that it covers said land lying within said District and not now within the corporate limits of City, or to be annexed under the. provisions of Article II hereof, shall be immune from annexation by City during the term hereof (except as hereinafter ~_ provided) and shall have no right to have extended to it any services by City, and that, all of said land, including that which has been heretofore or which may be annexed pursuant to the later provisions of this Agreement, shall not have extended to it by ordinance any ' rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, it is agreed that. City shall have the right to institute or intervene in any judicial proceeding authorized by~the Texas Water Code or the Texas Clean Air Act to the same extent and.to the same intent and effect as if all land covered by this Agreement were located within the corporate limits of City. II. (A) A portion of '._ie hereinabove described property has hereto- fore been annexed by City. Company has filed with City, coincident with the execution hereof, its petition to City to annex an addi- tional portion of thehereinabove described property, to the end that twenty=five per cent (25$) of the total value of the land and improvements hereinabove described shall be wnnexed to City. Com- pany agrees to render anc] pay full City ad valorem taxes on such annexed land and improvements, and tangible personal property. (1) For tax years 1980 and 1981, Company also agrees to render and pay an additional amount "in lieu of taxes" on Company's land, improvements, and tangible personal property in the un- (x-14 ~~ - • • ~. Industrial District Agreement - 4 annexed area to the end that Company's payment of taxes on the annexed area, combined with. its payment of "in lieu of taxes" on the unannexed area, will equal forty-five percent (45~) of the amount of ad valorem taxes which would be payable to City by Company if all of the hereinabove described property had been within the corporate limits of City. (B) The Texas Property Tax Code (S. B. 621, Acts. of the 65th Texas Legislature, Regular Session, 1979) will be effective for 1982 and. subsequent years hereunder. Under the terms of said. Act, the appraised value for tax purposes of the annexed portion of land, improvements, and tangible. personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said District has no authority to appraise the .land, improve- ments, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments .hereunder. Therefore, for 1982 and subsequent years. under this Agreement, the parties agree that the appraisal of the land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) land, improvements, and tangible personal property. Company agrees to render and pay fu1l.City ad valorem taxes on such annexed land, improvements, and tangible per- . sonal property. (1) For tax year 1982 and thereafter, Company also agrees to render to City and pay an amount "in lieu of taxes" on Company's land, improvements, and tangible personal property in the un- annexed area equal to forty-five percent (45~) of the amount of ad valorem taxes which would Ise payable to City if all of the hereinabove described property had been witf~~in the corporate ~,-2,D ~. ~ • • Industrial District Agreement - 5 limits of City and appraised by City's independent appraiser, reduced by the amount of City's ad valorem tax on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District.. Nothing contained in Article II(B)(1) shall ever be construed as in derogation of the authority of the Harris County Appraisal District to establish the appraised value or Lana, imj~rvveiueu~5, _.~ and tangible personal property in the annexed portion, fob ad valorem tax purposes. III. This Agreement shall extend fora period beginning on the 1st day of January, 1980, and continue thereafter until December 31, 1986, unless extended for an additional period or periods of time upon mutu- al consent of Company and City as provided by the tunicipal Annexation Act; provided, however, that in the event this Agreement is not so. extended for an additional period or periods of time on or before August 31, of the final calendar year of~ the term hereof , the agree- ment of City not to annex property of Company within the District shall terminate. In .that event, City shall have the right to com- mence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and pro- visions of this agreement, and in such event Company agrees that if the Texas Municipal Act, Article 970a (V.A.T.S.), is hereafter amended or any new legislation is enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to ar,ne:: land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall he then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same exists on the date of • • _ Industrial District Agreement - 6 • execution of this Agreement. This Agreement may be extended for an additional period or periods by agreement between City and Company .and/or its assigns even though. it is not extended by agreement between City and all of the owners of all land within the District• of which it is a part. In this connection, City hereby. expresses its belief that industrial district agreements of the kind made • herein are conducive to the development of existing and future indus- try and are to the best interest of all citizens of City and encour- age~future City Commissions to enter into future industrial district agreements and to extend for additional periods permitted by law this Industrial District .Agreement upon request of Company or its assigns; provided, however, that nothing herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agreement. IV. Company agrees to pay .all ad valorem taxes, and all "in lieu of taxes" payments hereunder, to City on or before December 31 of each year during the term hereof. It is agreed that presently the-ratio of ad valorem tax assessment used by City is eighty per cent (IIOo) of the fair market value of property. Any change in such ratio used by City shall be reflected in any subsequent computations hereunder.. This Agreement shall be subject to all provisions of law relating to determination of value of land, improvements, and tangible personal . property, for tax purposes (e.g., rendition, assessment, Board of Equalization procedure, court appeals, etc.) for purposes of fixing and deterr^~inirg the amount of ad valorem tax payments, and the amount of "in lieu of tax" payments hereunder, except as otherwise provided in Articles II and V hereof. V. (A) In the event Company elects to protest the valuation for tax purpose, set on its said properties by City or by the Ilarris "~-~ • • Industrial District Agreement - 7 County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at~least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove- described property which would be due by Company to City in accord- ance with the foregoing provisions of this Agreement on the basis of renditions which shall be timely filed by Company with City's Tax Assessor-Collector or with both the City and the Harris County Appraisal District (as the .case may be) for. that year. When the City or Farris County Appraisal District (as the case may be) valua- tion on ,..said property of Company has been so finally determined, either as the result of fic~al judgment of a court~of competent juris- diction or as the result of other final conclusion of the controversy, then within thirty. (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation. (B) Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant• to Article II(B) above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice • to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by saici independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments L-o be made under this Agreement. Should Company give such notice of disagreement, Company st7a11 also submit to the City with such notice a written statement setting ~_~,3 -~:i=~~.1~7~ - "'•~^wcs:~y M•:Jl~-ti.. a... .~.~~~s~~.-`"s~.-a:c~. Si_~a:..~W+.a. ~. t~va~~~r... ,n.-. r.._. ra.r.+._.... .i ....-._. ., ..... .. .ter w....r.~s .. _.rr ~.-~~.. .~, -~~.~~ ' ' Industrial~District Agreement - 8 forth what Company believes the market value of Company's herein- above described property to be. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agree- ment as to the market value of .Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date- the notice of disagreement was received by City, the parties have. not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as pro- vided in subparagraph (1) of this Article V(B). Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder. (1) A board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U. S. District Court for the Southern Dis- trict of Texas appoint the third arbitrator who, (as the "In~~- partial Arbitrator") shall preside over the arbitration pro- • ceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all rele- want and material evidence on that -issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be G-~.~ • • • Industrial District Agreement - 9 available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas). Costs of the arbitration shall. be shared equally by the Com- pany and the City, provided that each party shall bear its own attorneys fees. (C) Should the provisions of .Article II(B) of this Agreement become impossible of enforcement because of (1) the invalidity or unenforceability of the Texas Property Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979), or any relevant provision thereof, or (2) because of any material delay or failure to act on the part of the- Harris County Appraisal .District, then and in any of such events, all payments under this Agreement shall be governed by the. provisions of Article II(A) hereof; anything to the contrary in this Agreement notwithstanding. VI. City shall be entitled to a tax lien:on Company's above-described property, all improvements thereon, and all tangible personal prop- erty thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which Shall be collectible by City in the same manner as provided by law for delinquent taxes. VII. Company agrees to provide to City at Company's expense, a survey • plat and field note description of the land and improvements which Company petitions to be annexed in accordance with the provisions of Article II above. Such annexation tract shall be contiauc~~~~ r~ a point on the existing corporate limits of La Porte. In the event of failure of Company to file either such petition, or such description, City shall have the right by notice in writing to Company to cancel and terminate this 11c~reemetit. • G-as . . ~. • Industrial District Agreement - la VIII. This. Agreement shall inure to the benefit of and be binding upon .City and Compar.•y, .and upon Company's successors and assigns, affili- ates and subsidiaries, and .shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntar- ily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. • IX. If City enters into an Agreement .with other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after tlae effective date hereof and while this Agreement is in effect,. which contains terms and provisions more favorable to the landowner than those in ttzis Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. This Agreement is further subject to Exhibit "C" and all covenants contained therein, which is attached hereto and made part hereof. ENTERED INTO this lst-day of January, 1984. • L. • I~' + ( F~!~ ~ y -~rL ( COMPANY By ORESIOENT Tr T: _ :~.. ~ ~Z'L'c to ry ~j-o~lo • • Industrial District Agreement - 11 CITY OF LA PORTS ATTEST: City Clerk APPROVED BY COUNSEL: 702 W. Fairmont Parkway • P. 0. }3ox 1218 La Porte, Texas 77571 Telephone: (713) 471-1.886 • AT`i'ORNLY FOR COA9PANY By - _ ::., .Mayor City Commissioner. City Commissioner City Commissioner City Commissioner (Revised: 8-79) ~1 • • -,_ -- T0: CITY MANAGER FROM: DATE: January 25, 198+ • Jerry L.. Hodge REQUEST FOR CITY COUNCIL AGENDA ITEM 2. X Report i. A ends Date Re nested: February 1, 198+ g q Resolution Ordinance 3. Project Summary: Advertised sealed bids received for the purchase of water and sewer supplies. ~+. Action Required: Award the one year contracts with the mentioned low bidders on the attached sheet for the furnishing of specified water and sewer supplies. 5. Alternative: On the spot marketing, subject to price changes. • 6. Recommendation Award the one year contracts with the mentioned low bidders, see attached, for the furnishing of specified water and sewer supplies. 7. Exhibits: See attached sheet 8. Availability of Funds: General Fund X Water/Wastewater Capital Improvmt. General Revenue Sharing Other Account Number: 9. Ap owed for City Council Agenda /, as- ~~ City Manager Date ~' • • b IN'T'ER-OFFICE MEMORANDUM • JANUARY 17, 19h4 T0: L. Maxey - Assistant Director of ;'Public Works FROM: J. Ray - Purchasing Agent ~ SUBJECT: Sealed Bid ~E0030 - Water and Sewer Supplies r Advertised, sealed bids1~0030 for the purchase of water and sewer supplies were opened and read in City Council Chambers .Ianuary 16, 1984 at 4p.m. Sealed bids were mailed to six area vendors with the following five vendors responding: (1) The Rohan Co., (2) Utility Supply Co., (3) Western Pipe and Supply, (4) Golden Triangle Pipe & Water Supply, and (S) Municipal Supply Co. Invitations for bid were based ,upon materials used by City of La Porte water and . sewer crews that are normally carried in inventory. Quantity estimates were de- rived through historical usage rates for the fiscal year 1982 thru 1983 coupled with projected consumption for Fiscal Year 1983-84. Commodities were divided into the following groups, (1) Section I: Brass Fittings, (2) Section II: Tapping Saddles, (3) Section III: Clamps, Couplings, and Pipe Re- pair Products, (4) Section IV: Rubber Adaptors and Miscellaneous Supplies, and (5) • Section V: PVC and Polyethylene Products. Bid awards are based upon low total bid per section and are as follows: Section I: Brass Fittings - Golden Triangle Pipe and Water Supply Low Total - $24,649.04 Section II: Tapping Saddles - Municipal Pipe and Fabricating Low Total - $12,257.90 Section III: Clamps, Couplings, and Pipe Repair Products - Utility Supply Co. Low Total - $8,482.13 Section IV: Rubber Adaptors, Miscellaneous Supplies - Golden Triangle Pipe and Water Supply - Low Total $6,334.26 Section V: PVC & Polyethylene Products - Golden Trianlge Pipe and Water Supply Low Total $13,826.64 Items will be ordered on an as needed basis from annual contracts and placed in inventory until needed. Recommended bidders will offer Eixed pricing with esca- lation permissible after a six month period with proper justification. I recommend that the City <~f La Pcrte sign une year contracts with the aforementioned low bidders for the furnishing of specified water and sewer supplies. I trust this recommendation meets with vour approval.. • JR/mb cc: J. Hodge L. Maxey B. Herrera Att<i~~hment: Tabula[ ii~n Sealed Bi.d Oi0030: Annual Contract Western Pipe Municipal for Water and Sewer Supplies ~& Supply Pipe & . Fabricating • Utility The Rohan Supply Co. Company Golden TrianglE Pipe & Water Supply 1. Section I: Brass Fittings Section Total $27,810.73 id Rejected Incomplete $25,549.24 25,869.70 24,649.04 2. Section II: Tapping Saddles Section Total $13,345.30 $12,257.90 $14,973.74 $17,697.40 $15,983.2E 3. Section III: Clamps, Coupling and Pipe Repair Products - Section Total $10,640.19 $8,912.89 $8,482.13 $9,265.50 $8,530.18 4. Section IV: Rubber Adaptors, Misc. Supplies - Section Total $8,340.86 $7,932.64 $6,829.54 $7,494.50 $6,334.26 __ 5. Section V: PVC & Polyethylene Prod. Section Total $16,259.88 $17,017.48 $14,402.84 $15,252.60 $13,826.6 ** Denotes Low Bid Per Section • T0: CITY MANAGER FROM: DATE:. Jack Owen-• D.A.Paulisse.n.. 1/25/84 REQUEST FOR CITY COUNCIL~AGENDA ITEM 2. XXXX -- Report 1. Agenda Date Requested: 2/1/84 Resolution Ordinance - 3. Project Summary: To implement and enforce the City's Junk Vehicle Ordinance an appropriation of funds will be needed from the City's contingency fund. A proposed budget has been prepared - outlining the funds needed to meet this task. 4. Action Required• Appropriate $49,691.00 from the general fund contingency. 5.. Alternative: Do not appropriate funds • 6. Recommendation Appropriate funds to allow for the enforcement of the Ordinance for the remainder of the fiscal year. This program will be reviewed at budget time and will be .continued as a permanent program if justified. 7.' Exhibits: 8. Availability of Funds: General Fund- Water/Wastewater Capital Improvmt. General Revenue Sharing XXX Other Account Number: Funds Available: Yes No Requested,~y „ Ap ed for City Council Agenda T City PAs,nager .~~ o2s - d Date • • • • ,CITY OF LA PORTS INTER-OFFICE MEMORANDUM. ,TO: Jack Owen- City Manager Date 1/24/84 FROM: David A. Paulissen- Chief Building Official SUBJECT: APPROPRIATIOI~T - Junk Vehicle Program I have comp~l.ed the final costs of our Junk Vehicle Enforcement Program. The costs will allow enforcement for the remainder of the fiscal year.. Salaries and Benefits $13,974.00 Supplies 2,232.00 Maintenance of Equipment 550.00 Services 32,785.00 Sundry 150.00 $49,691.00 I recommend that the sum of $49,691.00 be appropriated from the general fund contingency to fund this much needed project. These vehicles will be disposed of through public auction. All proceeds from these auctions will be placed in the general fund. It is not known what these proceeds will be but they should at least lessen the fiscal impact of the program. If I may be further service please contact me. DAP/1kb • • • TO : CITY MANAGER FROM : DATE :. 1 / 2 5 / 8 4 Jack Owen•• D.A.Paulissen REQUEST FOR CITY COUNCIL~AGENDA ITEM 2. XXXX ~- Report 1. Agenda Date Requested: 2/1/84 Resolution Ordinance 3. Project Summary: Th~~:;i~ the annual mowing contract bid. It is with this contract that the weed control ordinance is enforced.- - ~+. Action Required: Award bid to low bidder, Gus Brieden Mowing 5.. Alternative: Reject bids and extend current contract if possible. 6. Recommendation Award contract to Gus Brieden Mowing 7. Exhibits• Memo f rom Jackson Ray to Bob Herrera 8. Availability of Funds: ~X~ General Fund - Water/Wastewater Capital Improvmt. General Revenue Sharing • Other Account Number: 1-902-902-507 Funds Available: XXXYes No Requested By 9. Approved for City Council Agenda '-' '-"" "' City P~a.nager - - Date .. ~ • • • I1`TER-OFFICE MEMORANDUM • JANUARY 25, 1984 T0: B. Herrera - Director of Administrative Services FROM: J. Ray - Purchasing Agent s i SUBJECT: Sealed Bid 40028 - Annualwing Contract Advertised sealed bids 440028 for the selection of a mowing contractor were opened and read in City Council Chambers January 16, 1984 at 4 p.m. A total of nine bid invitations were sent to area contractors with bids being returned by Gus Brieden Mowing and Sentell Lawn Maintenance of La Porte. • The successful contractor will be required to mow lots, undivided acreage, and/or residential homesites on which complaints have been properly filed with the Code Enforcement Division. The contract is currently held by Sentell Lawn Maintenance of La Porte and is presently being operated under a temporary extension of the original agreement. The bid submitted by Gus Brieden Mowing was low bid in three out of five catagories and the contractor indicates he will meet all the requirements set forth by the City of La Porte. I therefore recommend awarding the low bid-for the City of La Porte's Annual Mowing Contract to Gus Brieden Mowing and that a one-year contract be executed. I trust this recommendation will meet with your approval. JR/mb cc: B. Herrera D. Paulissen C. Black ~' . SEALED BID X10028 - Annual Mowing~ontract • Gus Bried owing L J en Sentell Current Lawn Contract Maintenanc Prices .1982-.1983 1. Mow (1) One 25' x 125' Lot w/Bush Hog Only $8.95 Ea. $9.00 Ea. 8.00 Ea. 2. Each Additional Contiguous 25' x 125' Lot $6.95 Ea• 7.00 Ea. 6.00 Ea r up to a Total Maximum of 32 Lots -- -- -- 3. Mow Undivided Acreage w/Bush Hog Only - Unit $24..95 Acre $50.OOAcre 50.OOAcre Price per Acre -- -- - 4. The Rate for Cleaning, Leveling, and Disposing No Bid No Bid N A of Debris from Lots or Undivided Acreage that -- -' -- cannot be Mowed w/Bush Hog Without Cleaning -' '- -- 5. Mow Residential Homesite w/Home Lot Not To -- -- -- Exceed 10,000 Sq. Ft. -- -- -- Fence Removal and Replacement Required 49.95 a. 40.00 Ea. N A B. Same as Above Without Fence Removal 40.00 Ea. 20.00 Ea. N A • • _.. T0: CITY MANAGER FROM: DATE: Jerry L. Hodge January 26. 1~,8~+ REQUEST FOR CITY COUNCIL AGENDA ITEM 2. X Report 1. Agenda Date Requested: February 1, 1984 Resolution Ordinance 3. Project Summary: Unimproved commercial and residential street paving project to be contracted. 4. Action Required: Approve project, and authorize City Manager to execute contract for engineering and preparation of bid documents. 5. Alternative: Pave with force account labor. This will cut down the number of streets paved. C~ 6. Recommendation Approve project and authorize City Manager to execute contract. 7. Exhibits: See attached. 8. Availability of Funds: General Fund Water/Wastewater X Capital Improvmt. General Revenue Sharing Other Account Number: 015-700-701-305. Funds Available: ~ Yes No Approved for City Council Agenda City D4a.nager Date t • T0: Jack Oyr~n, Ci FROM: Jer SUBJECT: Est CITY OF LA PORTE INTER-OFFICE MEMORANDUM • DATE: January,26, 1984 irector of Public Works and Engineering Costs :Please find a~tached cost estimates prepared by H. `Carlos Smith Engineers and Surveyors for the construction of commercial and resdentital streets presently unimproved. These streets were prioritized by City Council. With available funds, the first four (~+) commercial st.~eets can be paved, at an estimated cost of $113,$90. The City~Council authorized exp~nc~itures .. of $100,000 for this project. .Eight (8) residential streets' are proposed for"contract paving, at an estimated cost of $3?5,343• The total estimated colt fpr commercial and residential street construction and erzgineer~ng is $~+39,3~: ' ~ Engineering and survey work, included in the total coast, c be broken. down .... as follows: Engineering - $28,550, or 6.5q of total construction cost Field and Survey work - $15.,373 Funds are available in the Capital Improvement. Budget for this project. I recommend that the City-Council approve this project, and authorize the City Manager to sign the contract with H. Carlos. Smith Engineers and Surveyors to begin design work and preparation of bid documents.. If you should have any questions, please advise. JLH/lw attachments • . i • • ~ H. CARLOS SMITH • ENGINEERS AND SURVEYORS, INC. PHONE A/C 713 471-4226 718 SOUTH BROADWAY P. O. BOX M LAPORTE,TEXAS 77571 January 18, 1984 City of La Porte P. 0. Box 1115 La Porte, Texas 77571 Attn: Mr. Jerry Hodge Director of Public Works Dear Mr. Hodge: In reply to your request, we have prepared cost es timates for constru- ction of the following list of streets and the cost of Engineering to prepare plans and specifications to place these streets out for bidding. Commercial Streets: 24 FEET WIDE SURFACE WITH 1~':' Hot mix:, 8" CRUSHED-STONE BASE, 6" LIME-STABALIZED SUBGRADE: • WEST POLK STREET -from North 16th To North 18th. $37,315.61 WEST "G" STREET - from South 16th To South 14th. $27,828.10 NORTH 17th STREET -from West Polk To West Main $19,781.12 WEST "F" STREET - from South 16th To South 14th $28,966.60 WEST "E" STREET - from South 16th To South 18th. $31,034,88 WEST ADAMS - from North 11th To North 12th. $16,476.63 RESIDENTIAL STREETS: 6~~ CRUSHED STONE BASE, 6" LIME-STABALIZED SUBGRADE: LEMON LANE With 2 course surface treatment $65,198.00 With 1'~" Hot-mix Surface Treatment $70,542.00 NORTH "P" STREET (EAST OF 26th) • With 2 course surface treatment $45,097.00 With 13g" Hot-mix surface treatment $48,471.00 . i • WILLOWVIEW • With 2 course surface treatment $46,676.00 With 1'~ " Hot-mix surface treatment $49,959.00 BATTLEVIEW With 2 course surface treatment $33,712.00 With 1~" Hot-mix surface treatment $36,411.00 E. PLAINBROOK With 2 course surface treatment $44,634.00 With l~" Hot-mix surface treatment $47,933.00 EASY STREET With 2 course surface treatment $25,624.00 With leg" Hot-mix surface treatment $27,480.00 MOSSY DRIVE With 2 course surface treatment $21,606.00 With 1~" Hot-mix surface treatment $23,093.00 Flintrock With 2 course surface treatment $19,768.00 With l~" Hot-mix surface treatment $21,454.00 These estimates are based on average prices bid previously on the Lomax Paving contract dated. in March 1983. Prices could vary depending . on actual drainage design and due to the smaller scope of this proposed project. Field work and construction staking have not been included in the estimate. Very truly yours, James F. Beck /~/ ~~%g~ James F. Beck Vice-President JFB/kh ' H. CARLOS SMITH • ENGINEERS AND SURVEYORS, INC. 718 SOUTH BROADWAY P. O. BOX M LAPORTE,TEXAS 77571 City of La Porte P.O. Box 1115 La Porte, Tx 77571 Attn: Mr. Jerry L. Hodge Director of Public Works • PHONE A/C 713 471-4226 Dear Mr. Hodge: In reply to your request, we would be happy to work with the City as consulting engineers on your proposed street paving project. We would propose the same fee basis and extra work basis as our present contract with the City. This is a fee of 6.5% of the construction cost for the • engineering, preparation of plans and specifications, and our payroll costs times a multiplier of 2.5 for extra items, field surveys and construction staking. We are prepared to commence work as soon as authorized to do so and contract signing has been accomplished. Very truly yours, H. Carlos-Smith, Engineers and Surveyors i H. Carlos Smith, Professional Engineer President HCS /kh •