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HomeMy WebLinkAbout1998-09-28 Regular Meeting and Public Hearing - e . e MINUTES OF THE REGULAR MEETING AND PUBUC HEARING OF LA PORTE CITY COUNCIL SEPTEMBER 28, 1998 1. CALL TO ORDER The meeting Was called to order by Mayor Norman L. Malone at 6:00 p.m. Members of City Council Present: Mayor Norman L. Malone, Councilpersons Guy Sutherland, Chuck Engelken, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young and Jerry Clarke Members of Council Absent: Councilman Howard Ebow Members of City Executive Staff and City EmDloyees Present: City Manager Robert T. Herrera, Assistant City Manager John Joerns, Assistant City ManagerlFinance Director Jeff Litchfield, City Attorney Knox Askins, City Secretary Martha Gillett, City Manager's Secretary Carol Buttler, Director of Administrative Services Louis Rigby, Chief of Police Bobby Powell and Assistant Chief of Police Aaron Corrales. Others Present: Spero Pomonis, Bill Scott, Mr. and Mrs. Griffiths, Kenny Mercado, David Plourde and a number of La Porte Citizens. 2. The Invocation was delivered by Reverend Alan Neel of the Life Community Church. 3. Council considered approving the minutes of the Regular Meeting and Public Hearings on September 14, 1998. Motion was made by Councilperson Engelken to BP>>rove the minutes of September 14. 1998 meeting as presented. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, and Mayor Malone Nays: None Abstain: Porter, Young and Clarke 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISlDNG TO ADDRESS COUNCIL Bill Scott, 1802 Lomax School Rd., La Porte, Texas 77571, Mr. Scott presented the Council with a handout Regarding the proposed Fairmont Parkway Road expansion. Mr. Scott advised Council he is still opposed to this expansion. s. Council considered approving an Ordinance to amend the Code of Ordinances by adding Article V Guidelines and Criteria Governing Tax Abatement Agreements, adding Sections 66-140 through 66-142 inclusive; authorizing consideration of an application for designation of the "PPG Industries Reinvestment Zone" - (Ordinance #98..2279 - Previously tabled at 9-14-98 Meeting) . e City Council Meeting 9.28.98 - Pap 2 City Manager Robert T. Herrera presented summary and recommendation and answered Council's questions. Councilman Sutherland requested that on page 6, Section 66-143, section a that some wording be changed so the City Council shall hold a public hearing. City Attorney read: ORDINANCE 98-2279 - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING ARTICLE V GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS BY THE CITY OF LA PORTE, ADDING SECTIONS 66-140 THROUGH 66-152 INCLUSIVE; AUTHORIZING CONSIDERATION OF AN APPLICATION FOR DESIGNATION OF TIlE "PPG INDUSTRIES REINVESTMENT ZONE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF Motion was made by Councilperson Sutherland to llP"prove the Ordinance with changes . . as read by the City Attorney. Seconded by Council person Porter. The motion carried unanimously. Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone Nays: None 6. Public Hearing - Council' considered approval of Designation of the PPG Industries Reinvestment Zone. Open Public Hearing - Mayor opened the Public Hearing at 6:20 P.M. Review by Staff - City Manager Robert T. Herrera presented summary and introduced Mr. Ron Evans of PPG that present some of the phases information to Council and answered Council's questions. Public Input - There were no citizens wishing to speak: to Council on this matter. Recommendation of Staff' - City Manager Robert T. Herrera recommends that we create a reinvestment zone for the City of La Porte following the guidelines that were adopted in this agenda item number 5. Close Public Hearing - Mayor Malone closed the Public Hearing at 6:25 P.M. 7. Council considered approving and Ordinance authorizing the designation of the PPG Industries Reinvestment Zone; Making findings of fact; Authorizing the Execution of a Tax Abatement Agreement with PPG Industries, Inc. City Attorney read: ORDINANCE 98-2284 - AN ORDINANCE AUTHORIZING THE DESIGNATION OF THE PPG INDUSTRIES REINVESTMENT ZONE; MAKING FINDINGS OF FACT; AUTHORIZING THE EXECUTION OF A TAX e e City Couacil Meetiug 9-28-98 - Pap 3 ABATEMENT AGREEMENT WITH PPG INDUSTRIFS, INC.; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF Motion was made by Councilperson G~ to ~prove the Ordinance as read by the City Attorney. Seconded by Councilperson Engelken. The motion carried unanimously. Councilmen Porter and Gay praised the PPG company. Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone Nays: None 8. Council considered approving an Ordinance authorizing an agreement between the City of La Porte and HTE, Inc, of Orlando, Florida, to Provide Police and Court Software Applications; Appropriating $302,017.00 to fund said contract. Director of Administrative Services Louis Rigby presented summary and recommendation aDd answered Council's questions. Mr. Rigby introduced Mr. David Plourde of HTE, Inc. that present information concerning the HTE software to Council and answered Council's questions. City Attorney read: ORDINANCE 98-2285 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HTE, INC., OF ORLANDO, FLORIDA, TO PROVIDE POLICE AND MUNICIPAL COURT SOFlW ARE APPLICATIONS; APPROPRIATING $302,017.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF Motion was made by Councilperson Sutherland to ap.,prove the Ordinance as read by the City Attorney. Second by Council person Engelken. The motion carried unanimously. Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone Nays: None 9. Council considered approving an Ordinance authorizing an agreement between the City of La Porte and the City of Morgan's Point, for Emergency 911 Dispatch and Jail Service, Fire Protection and Emergency Ambulance Service. Assistant City ManagerlDirector of Finance Jeff Litchfield presented summary and recommendation and addressed Council's questions. City Attorney read: ORDINANCE 98-2286 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT, FOR EMERGENCY 911 DISPATCH AND . e City Council MeetiaJ 9.28.98 - Page 4 JAIL SERVICE, FIRE PROTECTION, AND EMERGENCY AMBULANCE SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF Motion was made by Councilperson Clarke to approve the Ordinance as read by the City Attorn~y. Second by Council person Gay. The motion carried. Ayes: Councilpersons Sutherland, Engelken, Griffiths, Gay, Young, Clarke and Mayor Malone Nays: Councilman Porter 10. Council considered appointing a voting delegate and an alternate voting delegate to National League of Cities Annual Congress of Business City Manager Robert T. Herrera presented summary and recommendation and addressed Council's questions. Motion was made by Councilperson Sutherland to appoint Councilman Gay as the Votine: Dele,ate for the City of La Porte to the National League of Cities Annual Congress of Cities. Second by Councilperson Engelken. The motion carried. Motion was made by Councilperson Sutherland to appoint Councilman Clarke as the Alternate Votine: Delegate for the City of La Porte to the National League of Cities Annual Congress of Cities. Second by Councilperson Engelken. The motion carried. Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter Gay, Young, Clarke and Mayor Malone Nays: None 11. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council of the following events: A. Tropical Storm Frances Report B. La Porte Area Water Authority Bond Rating Visits 12. COUNCIL ACTION Councilpersons Sutherland, Engelken, Griffiths, Porter, Gay , Young, Clarke and Mayor Malone brought items to Council's attention. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CllAFfER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH AtTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELmERATION REGARDING PROSPECTIVE GIFf OR DONATION, . e City Council Meetillg 9.28.98 - Page S PERSONNELMA'lTERS, CONFERENCE WITII EMPWYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTIIER WITNESS IN AN INVESTIGATION) . A. 551-074 (pERSONNEL MATTER) RECEIVE REPORT FROM CITY MANAGER ON PERSONNEL MATfER Council retired into an Executive Session at 7:04 p.m. under Section 551.074 (personnel Matter). Council returned to the table at 8:23, with no action taken. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken in the Executive Session. ADJOURNMENT There being no further business to come before Council, the Regular Meeting and Public Hearing was duly adjourned at 8:24 p.m. Respectfully submitted, VfYl~Dv Q .. Ail.JIJL Martha A. Gillett City Secretary Passed and approved on this 12th day of October, 1998. /UfJ11tAA/1JL~ Norman L. Malone, Mayor . . ~ / "EQUE~T FOR CITY COUNCIL AGENIITEM AGENDA DATE Seotember 28. 1998 REQUESTED BY Jeff Litchfield. Finance Director/ACM _ REPORT; _ RESOLUTION; .lQL ORDINANCE; , Attachments The City of La Porte has been approached by PPG regarding the creation of a reinvestment zone on land near the comer of Fairmont Parkway and Sixteenth Street, utilizing a portion of PPG's existing plant site. The creation of the zone is necessary for them to enter into a tax abatement agreement with Harris County. The City has created zones such as this in the past. In conjunction with their request for the reinvestment zone, PPG also asked the City to consider providing tax abatement to their project. City staff reviewed this request very closely because we normally do not provide abatement for projects within our City limits. Because of the magnitude of the project, we believe abatement might be warranted and have proceeded in that direction. The project as proposed by PPG, is for a pharmaceutical unit. to be built in three stages, which, when completed, is estimated to add $55 million in taxable value to the tax roll. The project will also add 57 permanent full time jobs. After reviewing several alternatives, and taking into consideration the City and County have to work together in providing abatement in a reinvestment zone, we have arrived at a concept where the City would provide abatement of 50% of the value of the project for a specific seven year period. In addition, to assist the County in their abatement, we have further limited the abatement amount to $750,000 per job created. Since this concept is intended to apply to major improvements, we have also added a floor of $21 million. So in other words, we are proposing the City offer PPG a tax abatement on their project, for a seven year period (from January 2000 to December 2006) for the value of the additions to their property, as long as the additions exceed $21,000,000, and are further limited to a maximum of $42,750,000. A projection of the amount of the improvements, the total City taxes and the amount of those taxes abated is shown in an attachment labeled "Potential Abatement Ramifications for PPG Project". There have been questions as to how this abatement compares to the abatement we offer industry located in our Industrial Districts. The agreement we are offering PPG is 0% abatement on their current facility. 0% abatement on Construction in Progress and 50% abatement on new construction. The abatement we offer industry in our Industrial District is 47% on the current facility, 100% abatement on Construction in Progress and 70% on new construction. A look at the impact of these different types of abatement is found in an attachment labeled "Comparison of Abatement Types". Staff is recommending the City COl,Jncil approve the offer of a reinvestment zone to PPG and that the City participate with certain constraints, including no abatement for the first year, 50% abatement for the next seven years, and a minimum and maximum eligible value of $21 million and $42,750,000. If Council is in agreement with this approach, the first step they need to take is to approve this ordinance establishing guidelines and criteria governing tax abatement agreements. ACTION REQUIRED BY COUNCIL: Approve ordinance establishing Guidelines and Criteria Governing Tax Abatement Agreements. FUND N/A ACCT NUM: FUNDS AVAILABLE: COUNCIL AGENDA "Il. ERA, CITY MANAGER 't1Z,f/q B DATE tit - Potential Abatement Ramifications for PPG Project The numbers shown belQw are for illustration purposes only. The actual amounts of value that will be on line each year are unknown. I have selected numbers that are realistic enough that a decision based on those l1umber is prudent. Year Project Value Full Taxes Taxes Abated Tax City Receives 1999 5,000,000 $ 35,500 $ 0 $ 35,500 2000 30,000,000 213,000 106,500 106,500 2001 35,000,000 248,500 124,250 124,250 2002 35,000,000 248,500 124,250 124,250 2003 45,000,000 319,500 151,762 167,738 2004 45,000,000 319,500 151,762 167,738 2005 55,000,000 390,500 151,762 238,738 2006 55,000,000 390,500 151,762 238,738 Totals $ 2,165,500 $ 962,048 $ 1,203,452 Assumptions: 1. No abatement is being offered the for the first year since the project is under construction. 2 The minimum value for abatement is $21,000,000. Once the $21,000,000 is reached, the entire amount, including the base $21,000,000 is included in the abatement calculation. 3. The maximum amount of the abatement is set /11t $42,750,000. This limit is set in order to assist Harris County in the adoption of their abatement, which is limited to $750,000 per full time job created. This project is set to add 57 full time jobs. - . Comparison of Abatement Types This page was prepared to provide a comparison of several taxing scenarios over a multiple year period. The calculations represent the amount of taxes or in lieu of taxes that would be provided under each of the scenarios. They are not intended to be interpreted as options recommended by City staff. Scenario 1 - This scenario represents the amount of ad valorem tax that is currently paid by PPG on their property in La Porte Scenario 2 - This scenario represents the amount of in-lieu of tax that would be paid by PPG on their current property IF it was located in one of our Industrial Districts. Scenario 3 - This scenario represents the amount of ad valorem tax that would be paid by PPG on their currerit property and the proposed $55 million expansion if the City offered them NO abatement. Scenario 4 - This scenario represents the amount of ad valorem tax that would be paid by PPG on their current property and the proposed $55 million expansion if the City offers the 50% abatement that staff is proposing. . Scenario 5 - This scenario represents the amount of in lieu of tax that would be paid by PPG on their current property and the proposed $55 million expansion IF it was located in one of our Industrial Districts. . Year Scenario 1 Scenario 2 Scenario 3 Scenario 4 Scenario 5 1998 238,976 126,657 238,976 238,976 126,657 1999 238,976 126,657 274,476 274,476 126,657 2000 238,976 126,657 451,976 345,476 190,557 2001 238,976 126,657 487,476 363,226 201,207 2002 238,976 126,657 487,476 363,226 201,207 2003 238,976 126,657 558,476 406,714 222,507 2004 238,976 126,657 558,476 406,714 222,507 2005 238,976 126,657 629,476 477,714 243,807 2006 .238.976 . 126.657 629.4 76 477.714 243.807 Totals 2,150,784 1,139,913 4,316,284 3,354,236 1,778,916 e e COpy ORDINANCE NO. 98-2279 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING ARTICLE V GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS BY THE CITY OF LA PORTE, ADDIRG SECTXORS 66- 140 THROUGH 66-152 XNCLUSXVE; AUTHORXZXRG CORSXDERATXON OF AN APPLXCATXON FOR DESIGNATION OF THE "PPG INDUSTRIES REINVESTMENT ZONE"; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby amends the Code of Ordinances of the City of La Porte by adding Article V. "Guidelines and criteria Governing Tax Abatement Agreements by the City of La Porte", and adding Sections 66-140 through 66-152 inclusive, as follows, to-wit: ARTICLE V. GUIDELIRES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS Sec. 66-140. Reinvestment zones. (a) Tax abatement shall only be allowed in a reinvestment zone. (b) Reinvestment zones in the city for this purpose will be considered for designation by city council upon the recommendation of the director. The city council may approve the creation of these reinvestment zones on a zone-by-zone basis after a public hearing before the, city council. Following the public hearing the city council may consider the ordinance creating a new reinvestment zone in the proposed area. (c) The city council may not adopt an ordinance designating a reinvestment zorie until it has held a public hearing at which interested persons.are entitled to speak and present evidence for or against, the designation. Notice of the hearing shall be given at least Seven days prior to the hearing. The presiding officers of eligible jurisdictions shall be notified in writing at least seven days pri~r to the hearing. A notice of the public hearing shall be given to other affected taxing jurisdictions, published in the legal classified section of the local daily newspaper having general circulation, and posted in other places as deemed appropriate, including notice to civic associations in the area surrounding the proposed zone, at least seven days prior to the hearing. The notice shall contain the location, time, and place of the public hearing and a description of the proposed boundaries of the reinvestment zone. e e C' --'0':'. . P""V'" . ,. . ~. ... '. :': (d) The designation of such a zone by ordinance shall constitute an affirmative finding by the city council that the improvements sought to be constructed or repairs to be made within the zone are feasible and practical and would be of benefit to the land to be included within a zone and to the city. (e) In determining whether an area qualifies as a reinvestment zone for the property tax abatement program, the city council shall use anyone or more of the following criteria as guidelines: (1) The area substantially impairs or arrests the sound growth of the city; retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use by reasons of the presence of substantial number of substandard, slum, deteriorated, or deteriorating structures, predominance of defective or inadequate sidewalks or street layout; faulty lot layout in relation to size, accessibility, or usefulness, unsanitary or unsafe conditions; deterioration of site or. other improvements; tax or special assessment delinquency exceeds the fair value of the land; defective or unusual conditions of title; the existence of conditions that endanger life or property by fire or other cause; or any combination of these factors or conditions. '" (2) The area is predominantly open and, because of obsolete platting or deterioration of structures or site improvements or other factors, substantially impairs or arrests the sound growth of the city. (3) The area has been designated a local or state-federal enterprise zone under the Texas Enterprise Zone Act. (4) The area is located wholly within an eligible blighted area, as identified from time to time by city council. (5) There has been a demonstration of community interest and there is evidence that substantial number of owners of taxable real property in the reinvestment zone will participate in such a program. (6) Be reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the city. (f) The goals and objectives expressed above and the standards and restrictions expressed in Chapter 312 of the Texas Tax Code, as amended, are not exhausti ve and shall be supplemented by such further and additional goals, obj ecti ves, rules,. standards and restrictions as the city council may from time to time impose. 2 e e COpy . u, .'; . ," ,,'i,. ,; ." '". " . (g) The designation of a reinvestment zone hereunder shall expire five years after the date of its designation and may be renewed for periods not to exceed five years. The expiration of a designation, however, shall not affect existing agreements entered into pursuant to section 66-145 or section 66-146 of this chapter. Sec. 66-141. Definitions. For the purpose of this article, the following words and terms shall have the meanings respectively ascribed: Abatement means the full or partial exemption from ad valorem taxes of certain real and/or personal property in a reinvestment zone designated for economic development purposes. Agreement means a contractual agreement between a property owner and/or lessee and an eligible jurisdiction for the purpose of tax abatement. Base year value means the assessed value of eligible property January 1, preceding the execution of the agreement plus the agreed upon value of eligible property improvements made after January 1, but before the execution of the agreement. Competitively-sited project means a project where the applicant has studied competing locations for expansion, relocation, or new operations to evaluate operating cost differentials and incentives available. Contract employee means a person who is not an employee of the abatement recipient, but who does work for the abatement recipient in the reinvestment zone on a contract basis, either on a full or part-time basis. Deferred maintenance means improvements necessary for continued operations which do not improve productivity or alter the process technology. Director means the director of the ci ty I S department of finance. Economic life means the number of years a property improvement is expected to be in service in a facility. Eligible jurisdiction means any county, municipality, school district or college district, that levies ad valorem taxes upon and provides services to property located within the proposed or existing reinvestment zone. Expansion means the addition of buildings, structures, fixed machinery or equipment for purposes of increasing production capacity. Facili ty means property improvements completed or in the 3 e e co. PY" l . '1 . ~ .~. '. .j" I '." ". .,.... process of construction which together comprise an integral whole. Full time equivalent job means a job that is equal to 1,750 hours of work annually performed in the reinvestment zone by contract employees or part-time employees. Manufacturing facility means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture of tangible goods or materials or the processing of such goods or materials by physical or chemical change. Modernization means the replacement and upgrading of existing facilities which increases the productive input or output, updates the technology or substantially lowers the unit cost of the operation. Modernization may result from the construction, alteration, or installation of buildings, structures, or fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, or repairing to meet local, state, or federal regulations. New facili ty means improvements on a property previously undeveloped which is placed into service by means other than or in conjunction with expansion or modernization. other basic industry facility means buildings' and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services which primarily serve a market outside the Houston Consolidated Metropolitan statistical Area and resulting in the creation of new permanent jobs and additional investment. Part-time employee means a person who works for, and is an employee of, the abatement recipient in the reinvestment zone, but is not a permanent employee. ' Permanent emp~oyee means a person who works for, and is an employee of, the abatement recipient and works a minimum of 35 hours in a seven-day period, .and reports to work .in the reinvestment zone. A permanent employee does not include a contract employee, seasonal employee, or part-time employee. Regional distribution center facili ty means buildings or structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the facility operator where a majority of the goods or services are distributed to points at least 100 miles from any part of Harris County, unless there is no facility in Harris County that recei ves, services, or distributes such goods and services to businesses and residents of Harris County. Regional entertainment facility means buildings and structures, including fixed machinery and equipment, used or to be used to provide entertainment through the admission of the general 4 e e C'.: , ~-'- . ft2'iY y.,' . . . . . ": ." : . . pUblic where the majority of users reside at least 100 miles from any part of Harris County, unless there is no facility providing the same or similar entertainment in Harris County. Regional service facili ty means buildings and structures, including fixed machinery and equipment, used or to be used to service goods where a majority of the goods being serviced originate at least 100 miles from any part of Harris County, unless there is no facility in Harris County where businesses and residents of the county can obtain such service. Research and development facility means buildings and structures, including machinery and equipment, used or to be used primarily for research or experimentation to improve or develop current technology in bio-medicine, electronics or pre-commercial emerging industries. Research facility means buildings and structures, including fixed machinery and equipment, used or to be used primarily for research or experimentation to improve or develop the production processes thereto. Sec. 66-142. Application. Ca) Any present or potential owner of taxable property in the city may request tax abatement by filing a written request with the city manager or the city manager's designee. (b) The application shall consist of a completed application form accompanied by: a general description of the new improvements to be undertaken; a descriptive list of the improvements for which abatement is requested; a list of the kind, number and' location of all proposed improvements of the property; a map and legal description of the property; a time schedule for undertaking and completing the proposed improvements. The application shall also include a certification of the current number of permanent, part- time and contract employees of the applicant, by category, at the time of the application, and information regarding the project's competitive siting. In the event the project is to be located in a leased facility, the applicant shall provide with the application the name and address of the lessor and, if executed, a copy of the lease. In the case of modernization, the application shall include a statement of the assessed value of the existing facility for the tax year immediately preceding the application year, separately stated for real and personal property. The application form may require such financial and other information as the ci ty deems appropriate for evaluating the financial capacity and other factors of the applicant.. Cc) Uppn receipt of the completed application, the director shall notify in writing and provide a copy of the application to the presiding officer of the governing body of each eligible jurisdiction. 5 e e CO~y ..> ..". ."1 I. . , i:: (, ~\.'.. ~.I >., (d) After receipt of an application for abatement, the city shall prepare a cost/ benefit impact analysis setting out the impact of the proposed tax abatement. The cost/ benefit impact analysis shall include but not be limited to an estimate of the economic effect of the abatement of taxes and the benefit to the city and the property to be included in the zone, and any other pertinent measures of the project's overall impact on the city's revenue stream both during and after the abatement period. (e) The city shall not enter into an abatement agreement if it finds that the request for the abatement was filed after the commencement of construction, alteration, or installation of improvements related to a proposed modernization, expansion or new facility. An applicant is ineligible for abatement if a decision to commence a modernization, expansion or new facility in the city has been formally announced on or before an application for abatement has been filed with the city. (f) Variance: Requests for a variance from the prov1s1on of subsections (a), (b), (e), (g), (h) and (j) of section 66-144 shall be made in writing to the director; provided however, the total duration of an abatement authorized in section 66-144 shall in no instance exceed ten years and the total duration of an abatement authorized under section 66-146 or section 66-147 shall in no instance exceed five years. Such request shall include a complete description of the circumstances explaining why the applicant should be granted a variance and how the grant of abatement will lead to the creation or retention of job opportunities and new investment in the zone. Approval of a request for variance requires a majority vote of the city council members present. Sec. 66-143. Public hearing and approval. (a) Prior to entering into a tax abatement agreement the city council may, at its option, hold a public hearing at which interested persons shall be entitled to speak and present written materials for or against the approval of the tax abatement agreement. (1) Notice of the public hearing shall be published in a local daily newspaper of general circulation not later than the seventh day before the date of the hearing. Notice of the public hearing may be given, posted or published in other places or by other means as the director deems appropriate, including giving notice to civic associations in the area surrounding the proposed zone. (2) Reserved. (b) In order to enter into a tax abatement agreement, the city council must find that the terms of the proposed agreement met these guidelines and criteria and that: (1) There will be no substantial potential adverse impact on 6 e e C'Op'V . .,.', to : . ">:' _. ~ '. l .: . .. / ,:~ ..1 . ..~ . . . . .~ the provision of city services or tax base; and (2) The planned use of the property will not constitute a 'hazard to public safety, health, or morals. Sec. 66-144. Economic development abatement authorized. (a) Authorized facility. A facility may be eligible for economic development abatement if it is a: manufacturing facility, regional distribution facility, regional service facility, regional entertainment facility, research facility, research and development facility or other. basic industry facility. (b) Creation of new value. Abatement may only be granted for the additional value of eligible property improvements made subsequent to and listed in an abatement agreement between the city and the property owner and lessee (if required), subject to such limitations as the city council may require. (c) New and existing facilities. Abatement may be granted for new facilities or the expansion of existing facilities. Improvements to existing facilities for purposes of modernization may receive abatement if proven to be essential to the entity's economic survival. (d) Eligible property. Abatement may be extended to the value of buildings, structures, fixed machinery and equipment, site improvements, plus that office space and related fixed improvements necessary to the operation and administration of the facility, or tangible personal property when in conjunction with leased facilitieS. (e) Ineligible property. The following types of property shall be ineligible for abatement: land; inventory; supplies; tools; vehicles; vessels; aircraft; housing; hotel accommodations; tangible personal property when not in conjunction with leased facili ties; deferred maintenance investments; property to be rented or leased except as provided in subsection (f); improvements for the generation. or transmission of electrical energy not wholly consumed by a new facility or expansion; any improvements, including those to produce, store or distribute natural gas, fluids or gases, that are not integral to the operation of the facility; property owned or used by the State of Texas or its political subdivisions or by an organization owned, operated or directed by a political subdivision of the State of Texas; and property that is owned or leased bya me~ber of city councilor by a member of the city planning commission. (f) OWned and leased facilities. If an authorized facility located on leased real property is granted abatement, the abatement agreement shall be executed by the city, the lessor and the lessee. If the real property is leased from a municipal corporation, the municipality shall not be required to execute the agreement in its capacity as a lessor. 7 e e C," C.;", ,~Q,-v .". -I ~I . ~ .~~ . . . - , ' (g) Value and term of the abatement. Abatement shall be granted effective upon the January 1 valuation date immediately following the effective date of the Agreement. Projects (other than modernization) which meet these guidelines and criteria are eligible for abatement on the value of the new property on a sliding scale as follows: Year abated Percentage of value abated 1, including construction 2, including construction 3 - 8 0% 50% 50% Provided, however that no abatement shall be given in the year when the facility fails to meet the employment minimum set forth in section 66-144 (h) (4) except where the jurisdiction has determined that employment falls below minimum, due to accident , casualty, fire, explosion, or natural disaster. If the period of construction exceeds two years, the facility shall be considered complete for purposes of abatement and in no case shall the period of abatement inclusive of construction and completion exceed eight years. If a modernization project includes facility replacement, the value' upon which abatement shall be determined shall be the value of the new unites) less the value of ~he old unites). Modernization projects are eligible for abatement according to the above formula with the exception that abatement shall not exceed 50 percent in any year." (h) Economic qualifications. Except as provided in sections 66-144(i) and (j) below, to be eligible for tax abatement, the planned improvement: (1) Should provide an economic benefit to the city, taking all relevant factors into consideration, including (i) size of the abatement, (ii) income from sales tax and franchise fees generated by the planned improvement, and (iii) any additional expense to the city in providing city services as a result of the improvement; and (2) Must be necessary because capaci ty cannot be provided efficiently utilizing existing' improved property when reasonable allowance is made for necessary improvements; and (3) Must be reasonably expected to increase the value of the property in the amount of $21,000,000.00 upon completion of construction, and (4) Must be expected to prevent the loss of permanent employment, retain or create permanent employment for at 8 -- e ~o~!~ .::pv ~ I, ,t.: IT least 25 people on a permanent basis in the in the designated zone, provided that this employment qualification, shall take effect three years after the effective date of abatement and continue through the remaining term of the agreement; or (5) An abatement may be granted for a maximum investment of $750,000.00 per job created or retained. (i) Economic qualifications. If the property is located in an area designated as an enterprise zone pursuant to the Texas Enterprise Zone Act, as amended (Article 5190-7, Vernon's Texas Civil statutes) and the city has not created a reinvestment zone, which includes property described under the provision of section 66-144 or 66-146 of this chapter, in order to be eligible for tax abatement the planned improvement: (1) Must be reasonably expected to increase the value of the property by a m1n1mum amount of $500,000.00 upon completion of construction; (2) Must be expected to create additional permanent employment for at least five people on a permanent basis who are residents of the enterprise zone or who are economically disadvantaged as that term is defined in the Texas Enterprise Zone Act; (3) Must not be expected to solely or primarily have the effect of transferring employment from one part of the city to another; ( 4) .Must be necessary because capacity cannot be provided efficiently utilizing existing improved property when reasonable allowance is made for necessary improvements; and (5) Must be made by an entity operating an authorized facility that meets the criteria established for a qualified business under the Texas Enterprise Z~ne Act. (j) Research and development projects. If the planned improvement is for a research and development facility, in order to be eligible for tax abatement the planned improvement: (1) Must be reasonably expected to increase the value of the property by a minimum amount of $500,000.00 upon the completion of construction; and (2) Must be expected to create permanent employment for at least five people on a permanent basis in the designated zone, provided that this employment qualification shall take effect two years after the effective date of abatement and continue through the term of the agreement. The abatement period shall not exceed five years from the 9 e e ~'@"'py .., . ,II ':,~, , " ,:".", ":,:' effective date of abatement and the percentage of value to be abated shall be 100 percent throughout the abatement period. (k)Taxability. From the date of execution of the abatement agreement to the end of the abatement period, taxes shall be payable as follows: (1) The value of ineligible property as provided in section 66-144(e) shall be fully taxable; (2) The base year value of existing eligible property as determined each year shall be fully taxable; and (3) The additional value of new eligible property shall be taxable in the manner described in section 66-144(g), except as provided in sections 66-144 (h) (5) and (j)(2) above. (1) Environmental qualification. In determining whether to grant a tax abatement, consideration will be given to compliance with all state and federal laws designed to protect human health, welfare and the environment ("environmental laws") that are applicable to all facilities in the state of Texas owned or operated by the owner of the facility, its parent, subsidiaries and, if a joint venture or partnership, every member of the joint venture or partnerShip ("applicants"). Consideration may also be given to complianc~ with environmental laws by applicants at other facilities within the United states" Sec. 66-145. Agreement for economic development abatement. After approval, the city shall enter into an agreement with the owner of the facility and lessee (as required), which agreement shall include: (1) Estimated value to be abated and the base year value; (2) Percent of value to be abated each year as provided in this article; (3) The commencement date and the termination dated of abatement; (4) The proposed use of the facility; nature of construction, time schedule, map, property description and improvement list as provided in this article; (5) Contractual obligations in the event of default, violation of terms or conditions, d~linquent taxes, recapture, administration, and assignment as provided in this article and other provisions that may be required for uniformity or by state law; 10 e e ~fR\o. '. f15:)'\(v7 ~~Lr'u (6) Amount of investment and total permanent employees to be retained or created and total full-time equivalent jobs to be retained or created; and (7) A requirement that the company, on or before February 1 of each year the tax abatement agreement is in effect, provide the director a sworn statement that includes a delineation of the number of permanent employees, contract employees and part-time employees of the applicant company as of the immediately preceding January 1, who report to work in the reinvestment zone at each site covered by the agreement. (8) A requirement that the company annually file the form 11.28 with the appropriate county appraisal district to qualify for the abatement. (9) A provision that contract employees and part-time employees may be used to comply with the company's contractual obligation to create/retain jobs on a full-time equivalency basis for any number of jobs; provided that full-time equivalents shall only be used to satisfy the company's contractual obligation if the company maintains a minimum of 50 permanent employees who work on the project within the reinvestment zone." (10) A requirement that property in a reinvestment zone that is owned or leased by a member of the city councilor by a me~ber of the city planning commission is excluded from tax abatement. Sec. 66-146. Redevelopment tax abatement authorized. (a) Creation. A property tax abatement program is hereby created to be administered in accordance with Chapter 312 of the Texas Tax Code, as amended from time to time. (b) Definitions. For purposes of this section and section 66- 147, the following words and terms shall have the meanings respectively ascribed: Department shall mean the department of finance and administration of the city. Revi talization strategy shall mean a plan prepared by the department to guide in the development of a designated reinvestment zone for the purpose of creating a viable and cohesive area in which to live and work. The revitalization strategy shall take into consideration input from interested individuals, civic associations and business groups from the proposed reinvestment zone. 11 . e (Q;@~W Owner of taxable real property shall mean the person, corporation, company or other entity responsible for paying property taxes on certain property or an interest therein including a leasehold interest or interests. Sec. 66-147. Agreement for redevelopment property tax abatement. (a) Upon designation of a reinvestment zone, the city shall enter into property tax abatement agreements with interested owners of taxable real property located within the reinvestment zone. Upon the city's execution of an agreement hereunder, the base year value shall be determined. The agreement shall be conditioned on the owner of the property making certain improvement or repairs to the property ~s certified by the director as being consistent with the revitalization strategy. (b) In addition, the agreement shall be conditioned on those improvements or repairs being completed within two years of the date of the agreement. The tax abatement allowed under these agreements shall be 100 percent of the increase above the certified appraised value of the building or buildings or the portion of the building or buildings used for commercial or industrial purposes. The agreement shall provide that property tax abatement shall begin on January of the year following the completion of the improvements or repairs contemplated by the agreement. The maximum duration of tax abatements approved under sections 66-146 and 66-147 shall not exceed five years. (c) Property in a reinvestment zone that is owned or leased by a member of the city councilor by a member of the city planning commission is excluded from property tax abatement. (d) The city may enter into a property tax abatement agreement with the interested owners of taxable real property for improvement~ or repairs completed before the city's approval of the tax abatement agreement if: (1) The applicant has complied with the requirements of Section 66-142; and (2) The applicant provides evidence of good cause as to why the city should grant tax abatements for improvements or repairs completed before the city's approval of the tax abatement agreement; and (3) The agreement is consistent with the requirements of subsections (a) through (c) above, except as provided in paragraph (2) of this subsection. Notwithstanding any other provision of this section, for tax abatement agreements approved under this subsection (d), city council shall determine the year that property tax abatement shall begin. 12 . e ~(Q)fJ2'W Sec. 66-148. Recapture. (a) In the event that the facility is completed and begins producing the product or service delineated in the agreement, but subsequently discontinues producing the product or service for any reason excepting fire, explosion, or other casualty or accident or natural disaster for a period of one year during the abatement period, then the agreement shall be terminated and the abatement of taxes for the calendar year during which the facility no longer produces the product or service also shall be terminated. The taxes otherwise abated for the calendar year in which the facility discontinued production or services specif ied in the agreement shall be paid to the city within 60 days from the date of the termination of the agreement. (b) Should the city determine that the company or individual is in default according to the terms and conditions of the agreement, the city shall notify the company or individual in writing at the address stated in the agreement, and if such condition of default is not cured within the 60 days from the date of such notice ("cure period"), then the agreement may be terminated. (c) The company or individual shall be in default of the agreement in the event the company or individual: (1) Allows i'ts ad valorem taxes owed the city to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest; or (2) violates any of the terms and conditions of the abatement agreement and 'fails to cure during the cure period; In the event of default, the agreement may be terminated and upon the termination all or a pro rata portion of the taxes ' previously abated by virtue of the agreement shall be recaptured and paid wi thin 60 days of the termination. The pro rata recapture of abated taxes shall be based on the number of years that the company was out of compliance and the degree to which the company was out of compliance, with equal weight being given 'to job creation and investment.- (d) In the event the company defaults on any of the terms and conditions of the agreement, the company shall notify the city within 90 days of such default. (e) Notwithstanding the foregoing, the director and the city attorney are hereby authorized to negotiate and recommend to the city council amendments .to tax abatement agreements subject to termination under this section in lieu of termination. Sec. 66-149. Administration. (a) The chief appraiser of the county appraisal district shall annually determine the value of the real and personal property 13 . e c..@......pv .. ." ol: . < .0, .'", -:. comprising the reinvestment zone. Each year, the company or individual receiving abatement shall furnish the city with such additional information applicable to the tax abatement as may be necessary for the administration of the abatement. Once the value of the real and person~l property has been established, the chief appraiser shall notify the affected jurisdiction which levy taxes of the amount of the assessment. (b) The agreement shall stipulate that employees and/or designated representatives of the city will have access to the reinvestment zone during the term of the abatement to inspect the facility and all company records related to the abatement agreement and the project to determine if the company is in compliance with the agreement. All inspections will be made only after the giving of 24 hours notice and will only be conducted in such a manner as to not unreasonably interfere with the construction and/or operation of the facility. All inspections will be made with one or more representati veS of the company or indi vidual and in accordance with its safety standards. (c) Upon completion of construction, the city shall annually evaluate each facility receiving abatement to ensure compliance with the agreement and report possible violations to the contract and agreement. Sec. 66-150. Assignment. The abatement agreements may be assigned to a new owner or lessee of the facility with the written consent of the city council, which consent shall not be unreasonably withheld. Any assignment shall provide' that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor upon the same terms and conditions as set out in the agreement. Any assignment of a tax abatement agreement shall be to an entity that contemplates the same improvements or repairs to the property, except to the extent such improvements or repairs have been completed. No assignment shall be approved if the assignor or the assignee are indebted to the city for ad valorem taxes or other obligations. . Sec. 66-151. The adoption of the guidelines and criteria by the City Council of the City of La Porte does not: a) limit the discretion of the City Council of the City of La Porte to decide wnether to enter into a specific tax abatement agreement; b) limit the discretion of the City Council of the City of La Porte to delegate to its employees the authority to determine whether or not the governing body should consider. a particular application or request for tax abatement; or c) create any property, contract, or other legal right in a~y person to have the City Council of the City of La 14 -- e COpy Porte consider or grant a specific application or request for tax abatement. Sec. 66-152. The City Council of the City of La Porte hereby establishes the policy of the City of La Porte, that tax abatement agreement applications will not be accepted for areas within the Battleground Industrial District and the Bayport Industrial District of the City of La Porte. However, as to any portion of such areas which are not within the corporate limits of the City of La Porte, Harris County Commissioners Court may establish tax abatement agreements for the benefit of itself, and taxing units other than the City of La Porte having jurisdiction over said area. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 28th day of September, 1998. By: ATTEST: _b.. a. )4AlJ1i{ Ma tha A. Gillett . City Secretary 15 . e 'EQUEST FOR CITY COUNCIL AGENI'TEM AGENDA DATE September 28. 1998 REQUESTED BY Jeff Litchfield. Finance Director/ACM _ REPORT; _ RESOLUTION; .lQL ORDINANCE; The City Council of the City of La Porte, as a prerequisite for a Tax Reinvestment Zone, has just considered the adoption of Guidel!nes and Criteria Governing Tax Abatement Agreements. If that item passed, the next step in the process is to designate the "PPG Industries Reinvestment Zone" and authorize the Tax Abatement Agreement with PPG Industries. ACTION REQUIRED BY COUNCIL: Approve Ordinance Designating the "PPG Industries Reinvestment Zone" and authorizing the Tax Abatement Agreement with PPG Industries. FUND N/A ACCT NUM: FUNDS AVAILABLE: COUNCIL AG NDA q/vtlYB DATE - e e ~@[pW ORDINANCE NO. 98-2284 AN ORDINANCE AUTHORIZING THE DESIGNATION OF THE PPG IHDUSTRIES REINVESTMENT zon; HAKING FIHDINGS OF FACT; AUTHORIZING THE EXECUTION OF A TAX ABATEMENT AGREEMENT WITH PPG IHDUSTRIES, INC.; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte has heretofore, on the 28th day of September, 1998, adopted Ordinance No. 98-2279, an Ordinance establishing guidelines and criteria governing tax abatement agreements by the City of La Porte. A pUblic hearing was held before the City Council of the City of La Porte on September 28, 1998, pursuant to notice as required by Section 312.201, Texas Tax Code, which notice was published not later than the 7th day before the date of the hearing in the Bayshore SUn, a newspaper having general circulation in the City of La Porte, a true and correct copy of said published notice being attached hereto as Exhibit "A" and incorporated by reference herein; and pursuant to notice delivered in writing not later than the 7th day before the hearing, to the presiding officer of the La Porte Independent School District; to the County Judge of Harris County, Texas, presiding officer of the Harris County Commissioners Court, on behalf of Harris County, the Harris County Flood Control District, the Port of Houston Authority of Harris County, and the Harris County Department of Education; and to the presiding officer of the San Jacinto College District; being all of the taxing units included in the proposed reinvestment zone. A copy of the notices to the La Porte Independent School District and Harris County e e ~(R\rrr' rBJ~ ~~~ li commissioners Court; and the San Jacinto College District, are attached hereto as Exhibits "B", "C", and "0", respectively, incorporated by reference herein, and made a part hereof for all purposes. section 2. The City Council of the City of La Porte, having considered the evidence presented at such public hearing, and the documents filed by PPG Industries, Inc., is of the opinion and finds that the proposed reinvestment zone is within the corporate limits of the City of La Porte, and meets all of the criteria to be designated as a reinvestment zone, as provided in the Texas Property Redevelopment and Tax Abatement Act, V.A.T.S. Tax Code, Chapter 312, and that all conditions prerequisite to the designation of. such reinvestment zone have been accomplished. section 3. Specifically, and without limiting the generality of the foregoing, the City council of the City of La Porte finds, determines and declares that the subject property would be reasonably likely as a result of the designation as a reinvestment zone, to contribute to the retention or expansion of primary employment or to attract major investments in the zone that would be a benefit to the property and that would contribute to the economic development of the City of La Porte. The City Council of the City of La Por~e fu~ther finds, determines and declares that the improvements sought are feasible and practical and would be a benefit to the lanq to be included in the zone and to the City of La Porte after the expiration of an agreement entered into under Section 312.204, Texas Tax Code. 2 - e ~@., . ~DY: . l .', ~-? section 4 . Accordingly, there is hereby established and designated a reinvestment zone in the City of La Porte to be known as the PPG Industries Reinvestment Zone, legally described by metes and bounds on Exhibit "E", and as more particularly shown on the plat attached hereto as Exhibit "F", Proposed Reinvestment Zone, reference to which is here made for all purposes. section 5. The City Council of the city of La Porte authorizes and approves the execution of a tax abatement agreement with PPG Industries, Inc., for abatement of City of La Porte ad valorem taxes, in form attached hereto as Exhibit "G" incorporated 'by reference herein, and made a part hereof for all purposes. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 6. This Ordinance shall serve as notice of the establishment of the PPG Industries Reinvestment Zone by the City of La Porte, to every taxing uni t that includes inside its boundaries property that is located within the boundaries of the Zone, and the City Secretary is hereby directed to send certified copies of this Ordinance to all such affected taxing units. section 7. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as 3 e e ~@[FJV required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 8. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ~9JI-- day of ~ , 1998. CITY OF LA PORTE BY:~14--1d:4 .or,man L. Mal ne Mayor ATTEST: ~~ 0.. ,)41Rl111 a tha A.Gillett City Secretary o 4 e e ~CQ)~y PUBLISHERS AFFIDAVIT ~:.1>'~" ',., ... PUBLIC NOTICE: ;. ;!'Iptlce Is hereby given .that" a public hearing will be held before the City Council ::of the' City of La Porte, City Hall, 604 West Fairmont Parkway, La Porte, Texas, . - beginning at li:OO 1 P.M. on Monday, ~ September 28, 1998, at which public ., h~aring interested person shall be entitled I to speak and present evidence for or against the .designation of PPG Industries -Reinvestment Zone, pursuant to Chapttlr 312, Texas Tax Code, as amended. The legal -Cfescription of the property to comprise'the propose.d reinvestment zone is as follows, . to-wit: .: . ~ . -Being a'3.3 acre tract; a 1.13 acre; a 0.11 acre tract, and connecting strips of land, _ all out of the PPG 32.29 acre tract located _, 'between South 16th 'Street and the Southem Pacific Railroad, and between West j E~~ee,.and Fairmont ParkwaY. in the Town : Jlbf La Porte, a subdivision in'Harris Countu, ~. . ,Texas, according to the map recorded i~ . i" : :! ..Volume 58 at Page 460, et seq, of the Harris ~. lCo~ntY pe~d Records. . i.. I:;. ;,:~ ~~ ~d pr~erty is available fo; !. . inspection Iii 'the City f?ecretary's office. ., . ~I ...,,=,," r ....- ;" -' '~t1":)~I'o;:.~"\:,,,7' .r ;. Of . 'i" -j MARTHA A. GILLETT _ CitY Secretary City of La Porte :.1 'I - fi tJ ~ 18 EXHIBIT "A" tit tit ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUBER. JR. BOARD CERTIFIED. CIVIL TRIAL LAW TEXAS SOARD OF' LEGAL SPECIALIZATION september 15, 1998 CM/RRR #1 138 825 473 Mr. Bill Bentley, President Board of Trustees La Porte Independent School District 301 East Fairmont Parkway La Porte, TX 77571 Dear Mr. Bentley: ~(Q)[F)W TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 Pursuant to Chapter 13, Texas Tax Code, enclosed is copy of notice of public hearing on the designation of the PPG Industries Reinvestment Zone. KWA: sw Enclosure Yours very truly, Knox W. Askins City Attorney City of La Porte EXHIBIT "B" e e (f;(Q)~W PUBLIC NOTICE Notice is hereby given that a public hearing will be held before the City Council of the City of La Porte, City Hall, 604 West Fairmont Parkway, La Porte, Texas, beginning at 6:00 P.M. on Monday, September 28, 1998, at which public hearing interested persons shall be entitled to speak and present evidence for or against the designation of the PPG Industries Reinvestment Zone, pursuant to Chapter 312, Texas Tax Code, as amended. The legal description of the property to comprise the proposed reinvestment zone is as follows, to-wit: Being a 3.3 acre tract; a 1.13 acre; a 0.11 acre tract, and connecting strips of land, all out of the PPG 32.29 acre tract located between South 16th Street and the Southern Pacific Railroad, and between West "F" Street and Fairmont Parkway, in the Town of La Porte, a subdivision in Harris County, Texas, according to the map recorded in V~lume'58 at Page 460, et seq, of the Harris County Deed Records. A plat of said property is available for inspection in the City Secretary's office. MARTHA A. GILLETT City Secretary City of La Porte - e ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS JOHN ~ ARMSTRONG CHARLES R. HUBER. JR. BOARD CERTIFIED . CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION September 15, 1998 CK/RRR #Z 138 825 472 Hon. Robert Eckels, County Judge Harris County Administration Building 1001 Preston, suite 911 Houston, TX 77002 Dear Mr. Judge Eckels: CQ;(Q)tpJ"if TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 Pursuant to Chapter 13, Texas Tax Code, enclosed is copy of notice of public hearing on the designation of the PPG Industries Reinvestment Zone. Yours very truly, Knox W. Askins City Attorney City of La Porte KWA:sw Enclosure EXHIBIT "c" e e ~@~W PUBLIC NOTICE Notice is hereby given that a public hearing will be held before. the City Council of the City of La Porte, City Hall, 604 West Fairmont Parkway, La Porte, Texas, beginning at 6:00 P.M. on Monday, September 28, 1998, at which public hearing interested persons shall be entitled to speak and present evidence for or against the designation of the PPG Industries Reinvestment Zone, pursuant to Chapter 312, Texas Tax Code, as amended. The legal description of the property to comprise the proposed reinvestment zone is as follows, to-wit: Being a 3.3 acre tract; a 1.13 acre; a 0.11 acre tract, and connecting strips of land, all out of the PPG 32.29 acre tract located between South 16th Street and the Southern Pacific Railroad, and between West uFu Street and Fairmont Parkway, in the Town of La Porte, a subdivision in Harris County', Texas, according to the map recorded in Volume 58 at Page 460, et seq, of the Harris County Deed Records. A plat of said property is available for inspection in the City Secretary's office. MARTHA A. GILLETT City Secretary City of La Porte tit e ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE. TEXAS 77572-1218 ct;(Q)[pW KNOX W. ASKINS .JOHN D. ARMSTRONG TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 CHARLES R. HUBER. .JR. BOARD CERTIF'IED - CIVIL TRIAL LAW TEXAS BOARD 0' LE'GA.L SPECIALIZATION september 15, 1998 CM/RRR #Z 138 825 471 Dr. Ruede M. Wheeler, President San Jacinto College District Administration Building 8060 Spencer Highway Pasadena, TX 77505 Dear Dr. Wheeler: Pursuant to Chapter 13, Texas Tax Code, enclosed is copy of notice of public hearing on the designation of the PPG Industries Reinvestment Zone.. Yours very truly, Knox W. Askins City Attorney City of La Porte KWA: sw Enclosure EXHIBIT "D" e e ~@~~ PUBLIC NOTICE Notice is hereby given that a public hearing will be held before the city Council of the City of La Porte, City Hall, 604 West Fairmont Parkway, La Porte, Texas, beginning at 6: 00 P.M. on Monday, September 28, 1998, at which public hearing interested persons shall be entitled to speak and present evidence for or against the designation of the PPG Industries Reinvestment Zone, pursuant to Chapter 312, Texas Tax Code, as amended. The legal description of the property to comprise the proposed reinvestment zone is as follows~ to-wit: Being a 3.3 acre tract; a 1.13 acre; a 0.11 acre tract, and connecting strips of land, all out of ~he PPG 32.29 acre. tract located between South 16th Street and the Southern Pacific Railroad, and between West "F" Street and Fairmont Parkway, in the Town of La Porte, a subdivision in Harris County, Texas, according to the map recorded in Volume 58 at Page 460, et seq, of the Harris County Deed Records. A plat of said property is available for inspection in the City Secretary's office. MARTHA A. GILLETT City Secretary City of La Porte ')0 e ~., -p"d~ " Q;"'..,.: .,' ! ,~ : :1' .1, . . ..!. .., .. /:J;'~-I PPG INDU~TRIES, INC. ~ TAX ABATEMENT TRACT Being a 5.48 acre tract (238,700 Sq. Ft.) out of the PPG 32.29 acre tract located between South 16th. Street and the Southern Pacific Railroad. and between West "F" Street and Fairmont Parkway, said 5.48 acre tract being more particularly described as follows: COMMENCING at the Southeast corner of the said PPG Industries, Inc., 32.29 acre tract, said point being the point of intersection of the West right-of-way line of South 16th. Street with the North right-of-way line of Fairmont Parkway, and being also the Southeast cotner of Block 896, Town of La Porte, according to the map recorded in Vol. 58 at Page 460, et seq, of the Harris County Deed Records; Thence, South 86 degrees 56 minutes 49 seconds West, coincident with the North right-of-way line of Fairmont Parkway, a distance of 245 feet to the POINT OF BEGINNING of this '5.48 acre tract; Thence, continuing South 86 degrees 56 minutes 49 seconds West, coincident with the North right-of-way line of Fairmont Parkway, a distance of 216.92 feet to a point for corner, said point being the most Southerly Southwest corner of the said 32.29 acre tract, and being also the Southeast corner of Mathison Chemical Co. tract; Thence, North 03. degrees 03 minutes 11 seconds West, coincident with the East line of the Mathison Chemical Co. tract, a distance of 404.05 feet to a point for corner, said point being an interior corner of the said 32.29 acre tract; Thence, South 86 degrees 56 minutes 46 seconds West, coincident with a Southerly line of the said 32.29 acre tract and a Northerly line of the Mathison tract, a distance of 120 feet to a point for corner; Page 1 of 3 -- "l ~" e Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 200 feet to a point for corner; Thence, North 86 degrees 56 minutes 49 seconds East, a distance of 210 feet to a point for corner; Thence, South 03 degrees 03 minutes 11 seconds East, a distance of 80 feet to a point for corner; Thence, North 86 degrees 56 minutes 49 seconds East, a distance of 49.31 feet to a point for corner. Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 721.81 feet to a point for corner. Thence, South 86 degrees 56 minutes 49 seconds West, a distance of 119.65 feet to a point for corner. Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 130.00 feet to a point for corner. Thence, South 86 degrees 56 minutes 49 seconds West, a distance of 180.00 feet to a point for corner. Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 131.82' feet to a point for corner. Thence, South 86 degrees 56 minutes 49 seconds West, a distance of 154.28 feet to a point for corner. Thence, South 03 degrees 03 minutes 11 seconds East, a distance of 98.82 feet to a point for corner. Thence, North 86 degrees 56 minutes 49 seconds East, a distance of 44.08 feet to a point for corner. Thence, South 03 degrees 03 minutes 11 seconds East, a distance of 113.00 feet to a point for corner. Thence, South 86 degrees 56 minutes 49 seconds West, a distance of 64.08 feet to a point for corner. Page 2 of 3 e ~@~v . . ~@[PV Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 231.82 feet to a point for corner. Thence, North 86 degrees 56 minutes 49 seconds East, a distance of 493.93 feet to a point for corner. Thence, South 03 degrees 03 minutes 11 seconds East, a distance of 1,003.63 feet to a point for corner. Thence, North 86 degrees 56 minutes 49 seconds East. a distance of 57.61 feet to a point for corner in the toe of slope of the Firewater Pond; Thence. South 03 degrees 03 minutes 11 seconds East. a distance of 524.05 feet to the POINT OF BEGINNING. PREPARED FROM SURVEY OF 32.29 ACRE TRACT AND PLANT SITE PLAT FURNISHED BY PPG INDUSTRIES, INC.. AND NOT SURVEYED ON THE GROUND. BEARINGS ARE GRID BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM. SOUTH CENTRAL ZONE. :;d U~ H. Carlos Smith Texas Registered Professional Land Surveyor No. 1228 Job No. 3201-98, September 19. 1998 Page 3 of 3 .... . 868 STREET '. VEST . ., (';;;' 00. ~l!.@Si3 !il"l~1l'ii'IXI ..';:. ~~~E:::J. i ! . . ".0. _ '21 4ZJ II. lIo>Y 140 i ~ _ TlUIAI7797Z-_ "I" ... .. 897 - :I: - ,..... M o M (\J ...: i~ . M c o M c V) ~ Z Lo.. ~ u l!t 51 0- N ! ~ , . , .. i I IlL ~ I I I ~ '" llI:' !! AsPHAL1 /'WrltERSI , I I I I .I ... . ;,. , If! Y., . ar. !:"I . III 1\1,. ~.". a..:, ZIol "".... >0. ~:~ 8..,. u. u%~ W~aI z."." add LlLl1- L"":ri 101"'''' ...111... .. . lta5 f>> lit '" ! ... 101 lL iL z o '" '" W I 1\1 9 PIPE ---I ,---- I I I I I I I I I I I I I , I I :'~~~' ,. "'. I I I I I I I I I , I I I I o 1\1 <;7 M 0_ I CD ""Cf\ Cf\- I . (\1<;7 !!- ...J 40t "'-lL. UC u x PPG I~DUS+RIES,' INC 32.29 ACR( TRACT I HEAVY INDUSTRfAL ZONE ( I ! I I " I I I AEJt. STATE PAl\!! CDRD.S.C.Z. , K D 122'Jl4~]O I ' y .. IJ.~lJ.4077 . I I CALLO.720JACRES - - - - -, I MATHESON GAS PROI1UCTS. INC. I TO PPG INDUSTfUES. INC I H.C,CF. No. R232727 OCTOBER 31. 1994 i ~ ...r... ... "'~I\I W ,.. - AI ~ 0:;: .... arar., ::JOlL ..,. c......o~ ~ <tz", ~" ~ ~"'9 lL u L '"' ~:c ... ~ ,'. - C.1.. D1 ASPHAL T ~7 ---..... RE~NVESTMrENT ZONE R RGo ~NDUSTRllESgINC. LAPORTlEg TEXAS '-0 ,.. / 0 / ~ ~ rOD ./'. . " 2r ., . 870 I I I r I I I i I I I H ~ ~ ~ ~ ~ ~ ~ I ~ ~ In c ~ c "" I )l .. - - M o o M o d: ca ~ 16. ai - Ai ~ c:i :It ... F'ND S aJD 00' IS" \d 327.10 II~ 1.1. stT 5.18" I.R. SII.V CHEMICAL COMPANY. INC. TO MA THE SON C;AS COMPANY. INC. VOL. 4697, PC;. 335. H.C.D.R, H.C.C.f'. No. 1487227 .. I I ' , ' 11, jJ. I' ,I JJ. li I ~! M o . M Z c:i z ... '.' ,. ~ . . .... .' . . rND. Ill" so. 8M . - - S 85' 09. 51" \I 60.08' 0 . i o l- I- Z << Z t.I I- % "i ti f ~ i I ~ . I 1m \ I . , I ~ \ I ~ \ I , II ~ '2" ES~r. oi' ~I %' . ,...1 Ccr- U_, a I-ClC ., l&.l\::J a)lG.. I&.IC.o1 ~lL.<;7 ~ c!J '!] . 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REMAINDER or ( CALL 10.896 AC. CHEMTRON CORPORATION TO PPG INDUSTRIES. INC. H.C.e.F". No. F"977227 DEC. 31. 1978 . HEAVY 327. 5/8" $[1 I.R. . (".j ( I .0 ~; . I . · ( I~ I:'" +:. "l 1M I, I . It Il I (\J I: : If') ,: ~ I .. 1M !! (\J . I -r -I' +r \l? , . I I ; I If') ~ I '1 I Iw I! ~ ::: I i I ..; in. " I jm 7t , N<< I 1_ , 8~ Ii; I~ : ~ ~ Zo ... GI t""_ Co ", I. :.... j;j-:i~I', ~ M :'1 !:::!~ r!! I - '0 M It ; . I .1 0 ~~I;Z: I i M V) :! c - - . i d.'" ar:M Ot I . .. . ...M Ie. . ci I M 1:1: M I 0 ",...i. I i <:) Z ., ~g:. VI l4.. : I z w ~ ... I I I ..J,. C '" I ..J ~I'Z ::: ! . ~ cill l4.. I . I I ~ 10I 0 . I . . u II I I I ~ Ii I ~ ~ ~f1! . I I I 0: I ~ I z. i ~~ .. 1tt~~ . ~ 0: :z: ~I~'PU~I ...~ ~ ~;~ i: 7 i I ~ ~I~'~I ~ ~ I . I I 0.. . . . c T I ~ ~ I . ~ . I I I ~ I I . I c . I 1 I! ~ m ! Ii ~~ I. I I \ Iii I \ 1 ~ \ ., i \I: : 11 \1 \ ~ I' ~~....... . f: cX' . ~~ ~ I c ',...1 I I t OQ\ I /:I ~~~i i . ~ c)lCL. . ~ ~~~I II : ",,0II1t'I. 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'- ../ .' , ./ ( -0- wulU w...... at: r.;:- ...oJ WIt'..J ~ ... ... ... "'ID . aWeI' l-Wz- "'~~lIi 1.1<.:1-", )z~ ...~0:3 cCu" 1: ... X ooao'" -we> .......~o ClI:C z OCC a..U..l C >'- ':J >- u 49- IN SUPPI. Y. ,Ne 56 /' / I """111% ;"0" ....CD... coo , , , "'~CD .......C\I .0041.... .,).0.0 . . , C\I"'I\I GlIl1l1., Q<ar;cL --...; n.,a.. ", -1I'l... aaa zzz "'''-... N 86' Bt:RG MT rto~ -ro DORSETT B~OTH(RS CONC~ET( H.C.C.r. No. R06.c987 f"ND AUC.US T 9. 1994 St:T liZ' III o .-. ~ :~:: 'i'jf, :j;;1 . ! I ! I " i ! ,: . 1 , ~ !~~ ;~i , . ; I I IlL, u' :ail " : ~.~~ I : I u . ! ~ ~ : U I ;w I a , - I .:> . I. I ~ ; I '" ' I ' ,ll I r 'I II-I : WI! Wi' iad II~! I , I I I I ~ I I .t: i I' M -fJ I r-----+ I . ! iu ~ ci z ... I ' I '. PIPE "",~I(ERS ~ ; !~ 297.2":l1' '. E I I I I I I ,;::r- _ _ _ l 0'" -- -~ . r---- IL G< o U ... ~.. Z G< U ........ XXI) ~~~ ~UM C1'" ... I-o-l>> ~u7 :a:w~~ wz_. ...- - ~~~,.; 1L0'" 'iii:u~ ':j~"'a ~=~ti ILWXO ~--'---I I I l I ! I ' , . 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I I Q , I i ; : /1 I Ir IHORS EN E G " rHI~l '0 DORS!II 'R01HCRS CONC~E'[ II.C.C,r. No. RO(,4 '~81 AUC,U5' 9. .914 ! ~lIprl Y, INC. I .. I IIYI . " I ~ I; , ~ ' "p rOll.( cn. PUS,. ,." "'.. I rND. N 86' 56' 49" (,- 613.02' _. \i~~ .' r'SCl1l:p StllVlCC l;pHP~'IV ....1' / I 10 / PPG II10USIRll s. lIIe ....... rNn. S OJ' OJ' Il " H.r. l. r. Nr.'. 1.1'(,0950 . .., ,. I' HAR".., II. Ir~n7 I. ::~::; I" __ I Nil. N 0(,' ~,(.. r r. 326.00": of r=C'd .If I--_..__._a_...._..~_.__._.----.ill ~l~ .' I ..",;, , . ... . rNIl. ~. 0_3' "I' , ' ::''ft I.~ r - 10077'....: AI '" '" tit::u I ,I,' ...... ~... '. . ~~S :dl I rH~ f["'1 r~D. S_~~~ S6'_~_\J_.___ :100.27: . ..iD:. ~ ~". cnR "llsi' ~;;~ ~il!: I , f~l ~!~: I ! ....~ 0:14 ~~~~ .h~'i' ~~.. ~.. " I I ,. I ! ! ,,;'., I , I . I I OU.OO' " .' q; . ..\ ." ~: .,. -J ' !c1jH~~!'IIP~L."<l: I , . .... !t&111 ~ I '.' II toli' J I. f!rt "'- l:;N I . II 6 .. I t! d> ~ .~ ~ GI . 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S"" CHENICAL CONPANY, INC. 10 HAIHt:SON GA~ COMPANY. INC, VOL. 41.97, PG, 33'- H.C,D.Il. H.C.C.r. NO, 8487i!i!7 r'II" ""lh('r~1 '. I'll I' II'HI'~ 1 \..; 'AIIPr., 'I~'~ ''''in. I"" ~ II I . ".,c;. !N"II~!I. ~ 'NL Ilr If,. I'l'. ,';"I...'J ^'....II . 1'~li: /IEHAIIIPER or , r.ALL 1089" Ar.. I 'RAC I 1 CHENllION rDHPORA IIUN 10 PP(i INDUS I"'ES. INC. H.C.C.r. No r 917227 DCC, 31, 1978 ;' 859" f i I I I I I I I:>> I 1---------' I I 1- -- ..- - '- "1 r - - - - I I I I PPG I"/DUS~~IES: INC. ,',' 3c,29 ACRt TRACT I I I H(AVY INnUSTR~AL ZONe ( Hili I I I I . .. . I I ::870": I I ...... I I :J VI -I ~ -. - --. -- "1 -II ~Il!l ! ~I~ f1. I >-" Q w ~I& :r.,:J !::! VI Ikllk ~I~ _ z .JI~ ~Iz C( 0 W!~ 16 ., I' I' I I , I ; !', : I II~L ~ vr~' Ii i (<~ ._~~:~: , ,I I Ii , I. j".j! :-:l! ~I . '.. ," ii, . I ; :.: P'fI( 1I~lh(t.!I: ,,' I ~ I ~,. ~. ~~~~~ _,~~. [ i!97 2~' I:, ~ I - . I '" ~ : :/ ~,'l ~;' ~ ;;~u ~I ,; I' ;! 1": ~ X, ..~~ u ' r..t! i l!I , -;:. II ~B~ ' It...R~ · I ~z~. 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STATE OF TEXAS { { COUNTY OF HARRIS { TAX ABATEMENT AGREEMENT PPG INDUSTRIES REINVESTMENT ZONE This Tax Abatement Agreement (the "Agreement") is made and entered into by and between the city of La Porte, Texas, a municipal corporation (the "city"), and PPG Industries, Inc., a Pennsylvania corporation, with a permit to do business in the State of Texas, (the "Owner"), the owner of the real and personal property located within the Zone (defined below). WIT N E SSE T H: WHEREAS, the creation and retention of job opportunities in the City of La Porte is paramount to the City's continued economic development; and WHEREAS, the Owner desires to expand an existing manufacturing facility, including a new pharmaceutical intermediate production unit, a new isocyanate production unit, a thermal oxidizer for pollution control, and supporting projects for the manufacturing of advanced intermediate and active pharmaceutical ingredients, specialty isocyanate chemicals and other specialty chemicals, with an estimated building cost of at least Fifty Million and NO/100 Dollars ($50,000,000.00) and the owner has filed a written request for tax abatement, dated July 17, 1998; and WHEREAS, City Council, following a public hearing on the subject, designated the Zone; and WHEREAS, it is reasonably likely that this Agreement will contribute to the retention, expansion and creation of primary employment and will attract major investment in the Zone that would be of benefit to property within the Zone and that would contribute to the economic development of the City; and WHEREAS, the City Council finds that the Improvements are practical and are of benefit to the land within the Zone and to the City; and' WHEREAS, City Council finds that there will be no substantial potential adverse effect on the provision of City services or on the tax base caused by this Agreement; and WHEREAS, the Owner represents that the facility will be designed and constructed to meet all applicable federal, state, and local environmental regulations, and that the construction and operation of the facility will not result in environmental degradation or hazard; and EXHIBIT "G" e e ~(Q)~W WHEREAS, City Council finds that the planned use of the Improvements, when constructed and operated in accordance with applicable environmental standards, will not constitute a hazard to public hea~th, safety, or morals; and NOW, THEREFORE, the parties hereto, for and in consideration of the premises and mutual promises stated herein, agree as follows: 1. Definitions The following capitalized terms shall have the meanings assigned to them below, unless otherwise defined or the context clearly requires otherwise. "Abated Property" means the improvements to the Real Property and fixed machinery, equipment and process units of the Owner installed on the Real Property as more fully described in Section 3(b) below. "Abatement Period" means that period which commences on the first day of the Effective Date of Abatement and ends ~..~ years thereafter. ~i~~r ~ "City" means the City of La Porte, Texas. "Code of Ordinances" means the Code of Ordinances of the City of La Porte, Texas, as amended. "Department" means the City's Department of Finance or its successor. "Director" means the Director of Finance or the designee thereof. "Effective Date of Abatement" means January 1, 1999. "HCAD" means the Harris County Appraisal District. "Improvement" means the buildings or portions thereof and other improvements, including fixed machinery, equipment and process units, used for commercial or industrial purposes that are erected or installed by the Owner on the Real Property after October 1, 1998. "Ordinance" means City of La Porte Ordinance No. 98-2279, passed and approved September 28, 1998, which created the Zone. "Owner" means PPG Industries, Inc., a Pennsylvania corporation with a permit to do business in the State of Texas. "Permanent Employee" means a person who works for, and is an employee of the Owner and works a minimum of thirty-five (35) hours in a seven day period, and reports to work in the Zone, excluding any contract employee, seasonal employee, or part-time employee. 2 e e ra-,,- (f~r3'~v/ ~~.J~ L; "Personal Property" means Owner's furniture, fV~t:l....CD, TVL computer equipment, radio equipment, mobile machinery, miscellaneous machinery and equipment, supplies, inventory, work in process, finished goods and raw materials, as described on Exhibit "0", HCAD Account No. 0173299. "Project" means the facility to be used by the Owner on the Real Property as more fully described in Section 5(c) below. "Real Property" means the real property of the Owner to be improved, as more fully described in Section 3(a) below. "Tax Code" means the Texas Property Tax Code, as amended. "Zone" means PPG Industries Reinvestment Zone, which is more particularly described on Exhibits "0" and "E" of the Ordinance. 2. Authorization This Agreement is authorized by Article V, Sections 66-140 through 66-152, of the La Porte Code of Ordinances and by the Ordinance. 3 . ProDertv (a) The street address of the taxable real property to be improved under this Agreement is 1901 Avenue "H" at South 16th Street, La Porte, Texas. The Real Property is described more fully on Exhibit "A" and Exhibit "B" attached hereto and made a part hereof for all purposes. (b) The street address of the Abated Property to be installed under this Agreement is 1901 Avenue "H" at South 16th street, La Porte, Texas. The Abated Property is described more fully on Exhibit "c" attached hereto and made a part hereof for all purposes. (c) The HCAD tax account numbers of the Real Property and the .Personal Property are as shown on Exhibit "0" attached hereto and made a part hereof for all purposes. 4. ReDresentations and Warranties bv the owner (a) The Owner represents that it owns the Real Property and the Real Property is located within the boundaries of the Zone. The Owner represents that it is authorized to execute this Agreement and to complete the Improvements described in section 5 hereof and on Exhibit "c" attached hereto. The Owner represents that as of January 1, 1998, the Real Property had an existing incinerator and two storage sheds (all of which will be demolished prior to the new construction). The owner represents and warrants that construction of the Improvements described on Exhibit "C" will begin 9n or after October 1, 1998, and that construction of the Improvements will not have commenced on or before the effective date of this Agreement. The Owner represents and warrants that construction of the Improvements and the new machinery and 3 e e ~@fPW equipment listed on advanced specialty to be installed shall be done according to the budget Exhibit "C", for the purposes of the manufacturing of intermediate and active pharmaceutical ingredients, isocyanate chemicals and other specialty chemicals. (b) The Owner represents that no interest in the Real or Abated Property is held or leased by a member of the city Council or a member of the City's Planning Commission. (c) The Owner represents and warrants that the value of the Abated Property will increase by at least Fifty Million and NO/100 Dollars ($50,000,000.00) by January 1 following the completion of the Construction Period. The Owner shall render all Personal Property to HCAD annually. The Owner represents and warrants that the portion of Personal Property (excluding supplies, inventory, work in process, finished goods and raw materials) shall be rendered annually with HCAD at a value of at least Three Million, One Hundred Sixty-five Thousand, Seven Hundred Sixty and NO/100 Dollars ($3,165,760.00). (d) The Owner represents and warrants that it will retain employment for one hundred nine (109) permanent employees, and will create jobs for fifty-seven (57) new permanent employees, beginning not later than three (3) years from the start of the Abatement Period, and continuing through the term of this Agreement. (e) The Owner represents and warrants that the Improvements will not solely or primarily have the purpose of transferring employment from one part of the City of La Porte to another. (f) The Owner represents that the Improvements are necessary because the existing facility does not have sufficient capacity when reasonable allowance is made for necessary improvements, together with the need for new facilities as hereinabove described. (g) The Owner represents and warrants that it will construct and operate the Project described on Exhibit "E" attached hereto and incorporated by reference herein. (h) The Owner represents and warrants that the facility will be designed, constructed and operated in accordance wi th all applicable federal, state, and local environmental regulations, and City's Zoning Ordinance and other City Codes, and that the construction and operation of the facility will not cause environmental degradation or hazard to the Real Property or the environs of the City of La Porte. 5. Terms of the Aqreement (a) The Owner shall make the Improvements substantially in conformity with t he descriptions, plans and specifications as described on Exhibit "C". (b) The Improvements shall be completed in accordance with the provisions of Exhibit tIC" and the City of La Porte Code of Ordinances. In case of any conflict, the Code of Ordinances shall prevail. 4 -- e ~C)~Li)~~' (c) Upon completion of the Improvements, the Owner shall use the Improvements for the use specified in this paragraph during the Abatement Period specified in section 6 hereof. However, the Director may approve a change from the proposed use in writing, if the Director determines that the change is consistent with Article V, Sections 66-140 through 66-152, of the La Porte Code of Ordinances, with Ordinance No. 98-2284 creating the PPG Industries Reinvestment Zone, and with the City's general purpose of encouraging development or redevelopment of the Zone during the Abatement Period specified in Section 6 hereof. The proposed use of the Abated Property (unless and until the Director approves a change in use) is for the purposes described on Page 1 hereof. (d) The Owner shall maintain the Improvements in good repair and condition during the Abatement Period specified in Section 6 hereof. (e) The Owner shall allow the city's employees access to the Real and Abated Property for the purpose of inspecting the Improvements to ensure that the Improvements were completed and maintained in accordance with the terms of this Agreement. All inspections will be made only after giving the Owner notice at least twenty-four (24) hours in advance thereof, and will be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the Project. All inspections will be made with one (1) or more representatives of the Owner and in accordance with the Owner's safety and security standards. The above shall not act as a limitation on the city's ability to perform any inspections or enter the affected property pursuant to the Code of Ordinances, the Building Code, the Zoning Ordinance, or otherwise. (f) The Owner shall provide the city's employees access to all records requested and necessary for the purpose of conducting an audit of the Project to ensure compliance with this Agreement. Any such audit, which is limited to a review of all documents relating to verification of Owner's representations for the Project, shall be made only after giving the Owner notice at least seven (7) days in advance thereof, and will be conducted in such a manner as to not unreasonably interfere with the operation of the Project. (g) The Owner shall not assign this Agreement without the written approval of the City Council, which approval shall not be unreasonably withheld. (h) Not later than April 30th of each year during the Abatement Period, the Owner shall submit to the Director and the Chief Appraiser of HCAD a January 1st employee count for the Project. The employee count submitted shall correspond to the employment count reported in the Owner's "Employer's Quarterly Report" to the Texas Workforce Commission. The employee count submitted by the Owner shall be used to determine abatement eligibility for that year and be subject to audit, pursuant to the provisions of Section 66-144 of the La Porte Code of Ordinances. The Owner, if requested by the Director, shall have an independent 5 e e ce;@~w audit prepared of the employment\employee count documentation and shall submit the audit to the Director for use in complying with the requirements of this section. The Director shall certify to the Chief Appraiser of HCAD whether the Owner is in compliance with the employment requirements of this Agreement. (i) The term of this Agreement begins on January 1, 1999, and ends at the conclusion of the Abatement Period, and further covers all items of Abated Property and replacements thereof placed or installed at the Real Property during the construction period (defined below). (j) This Agreement may be amended at any time upon the mutual consent of all parties. (k) The Owner shall annually file with HCAD the form 11.28 to qualify for abatement under this Agreement. 6. Tax Abatement (a) Abatement on the Improvements specifically listed on Exhibit "c" shall be permitted only for the value of new "eligible property" (but such abatement on the Improvements shall not exceed Forty-two Million, Seven Hundred Fifty Thousand and NO/100 Dollars [$42,750,000.00] of the Improvements) constructed or added on or after the effective date of this Agreement, as provided in the Sections 66-144(b) and (d) of the La Porte Code of Ordinances, subject to the limitations stated in Section 5 (h) above. In addition, this exemption from taxation is specifically subject to the rights of the holders of outstanding bonds of the city. This abatement shall be granted effective January 1, 1999 (the "Effective Date of Abatement"). The portion of the value of new eligible Improvements subject to the abatement shall be determined in accordance with the following schedule for a period of eight (8) years from the Effective Date of Abatement (the "Abatement Period"): Year Abated Percentage of Value Abated Year One* Year Two* Years Three through Eight 0% 50% 50% *Years One and Two are the "Construction Period". If construction extends beyond the two-year Construction Period, the improvements shall be considered completed for purposes of abatement and, in no case, shall the Abatement Period, inclusive of the Construction Period, exceed eight (8) years from the Effective Date of Abatement. (b) From the Effective Date of Abatement to the end of the Abatement Period, taxes shall be payable as follows: (1) The value of ineligible property as defined in Section 6 e e ~~ ~'\\/7 \. '7(~,J/ r~...J y( . . J 66-144(e) of the La Porte Code of Ordinances shall be fully taxable; (2) The base year value 'of eligible property as defined in Section 66-141 of the La Porte Code of Ordinances shall be fully taxable; (3) The additional value of the Improvements constructed on or after January 1, 1998, but before the effective date of this Agreement, shall be taxable in accordance with Section 6(a) of this Agreement; (4) The additional value of the Improvements constructed or installed after the effective date of this Agreement, as determined each year, shall be taxable in accordance with Section 6(a) of this Agreement. (5) Any equipment or machinery, described on Exhibit "c" and installed in the Real Property pursuant to this Agreement, that is removed from the Real Property for longer than a temporary repair period shall be fully taxable. (c) The City shall enter into only one tax abatement agreement for the Project described in this Agreement during the existence of the Zone. .7. Defaul~ and RecaD~ure (a) This Agreement shall terminate in the event that the use and operation of the Abated Property for the purpose specified in Section 5(c) above is discontinued, for any reason excepting fire, explosion, other casualty or accident, or natural disaster, continuously for a period in excess of twelve (12) months during the Abatement Period. The Owner shall not be entitled to the abatement of taxes for any twelve (12) month period during which the Abated Property is not used for the operation of the Project within the Zone. The taxes abated during that twelve (12) month period shall be paid by the Owner to the City within sixty (60) days from the date of termination of this Agreement. (b) This Agreement shall terminate if at any point during the term of this Agreement, the assessed value of the Owner's Personal Property (excluding supplies, work in process, finished goods, raw materials and inventory) as rendered with HCAD falls below Three Million, One Hundred Sixty-five Thousand, Seven Hundred sixty and NO/100 Dollars ($3,165,760.00). (c) The Owner shall be in default hereof in the event that: (1) the Owner allows ad valorem taxes owed the City to become delinquent and fails to timely and properly follow the legal procedures for their protest and/ or contest; or (2) the Owner has made any material representation which is determined to be false or misleading in any respect; or 7 e e ~(0;'!5J~ (3) the Owner fails to timely file its annual rendition or its annual application for tax abatement (the "form 11.28") with HCAD during the Abatement Period (taking into account any extensions of applicable time periods for such filings granted in accordance with the Tax Code") or makes a materially false statement in either; or (4) the Owner is in breach of any material warranty and fails to cure within 60 days from the date notice is provided thereof as described below (the Cure Period); or (5) the Owner violates any of the terms and conditions of this Agreement and fails to cure during the Cure Period. (d) In the event of default by the Owner, the Owner shall notify the City within 90 days of such default of the terms and conditions of this Agreement. (e) Should the City determine that the Owner is in default according to the terms and conditions of this Agreement, the City shall notify the Owner in writing by u.s. Mail, certified, return receipt requested, at the addresses stated in this Agreement, and if such default is not cured during the Cure Period, then this Agreement may be terminated as to all parties and all taxes previously abated by virtue of this Agreement, shall be recaptured and paid by the Owner within sixty (60) days of the termination. (f) In the event the Owner vacates the Real Property or abandons and discontinues the use of the Abated Property beyond the 12-month period set forth in section 7(a) above (and other than for the reasons set forth in Section 7(a)), then this Agreement may be terminated as to all parties and all taxes abated during the preceding calendar year on the Abated Property shall be recaptured, and shall be paid by the Owner to the City within 60 days of the termination of this Agreement. (g) Notwithstanding the provisions of subsections 7(e) and (f) above, in the event of default by Owner, the Director and City Attorney may negotiate and recommend to the City Council amendments to this Agreement in lieu of termination. 8. Administration (a) For purposes of determining the amount of abatement pursuant to this Agreement, the chief appraiser of HCAD shall annually determine the assessed value of the Improvements listed on Exhibit "C" hereof. Each year, the Owner shall furnish the city with such information as may be necessary for calculating the amount of abatement. Once the value of the Improvements has been established and the amount of the abatement calculated, the chief appraiser of HCAD shall notify the jurisdictions that levy taxes of the amount of assessment. (b) Upon completion of construction of the Improvements, the Director shall annually evaluate each facility receiving abatement to ensure compliance with this Agreement and prepare a report of 8 e e ~~~~/7 \ ' .r' \. / i -~.J ~ VI' any violations of this Agreement. 9. ComDliance with state and Local Regulations Except as specifically provided herein, nothing in this Agreement shall be construed to alter or affect the obligation of the Owner to comply with any ordinance, rule or regulation of the City, or the laws and regulations of the state of Texas and the United states. 10. Heraer The parties agree that this agreement contains all of the terms and conditions of the understanding of the parties relating to the subject matter hereof. All prior negotiations, discussions, correspondence and preliminary understandings between the parties and others relating hereto are superseded by this Agreement. 11. Notice All notices shall be in writing and unless hand delivered, shall be sent by U.s. Mail certified, return receipt requested. If mailed, any notice or communication shall be deemed to be received three (3) days after the date of deposit in the United states Mail. Unless otherwise provided in this Agreement, all notices shall be delivered to the following address: '1'0 THE OWNER: Tax Department Attn: Manager Property Tax and Appraisal Services PPG Industries, Inc. 1 PPG Place Pittsburgh, PA 15272 '1'0 THE CITY: Director, Department of Finance City of La Porte City Hall P.O. Box 1115 La Porte, TX 77572 Each party may designate a different address by giving the other party written notice ten (10) days in advance of such designation. 12. Effective Date The effective date of this Agreement is the date the Agreement is authorized by Ordinance of the City Council of the City of La Porte. This Agreement has been executed by the parties in multiple originals, each having full force and effect. 9 e e ~(Q)lP~ PPG INDOSTRIES, INC. By: /~ ~d~.- Author1zed Officer Thomas Von Lehman Vice-President, Specialty Chemicals ATTEST: John A. Weihrich anager CITY OF LA PORTE By: Gi~ 'T.. ~ C1ty Manager A'l'TEST: {O' I-~ ~ APPROVED: 10 e .'. -. 868 "I" ... -. 897 (! I I H. CAALDS SMITH ..' ----- ~A_ 5" on N Nft ... LA --. ,...... 77572'lI5B STReET 'W(ST 1:1 Il e:[ -.J l.o.. o >- .... u a.;, 4 .. !! I I I ~ !! I i I I I I- " l"? o M l\J ...; , !:-.I - - - M o . M o V) ~ Z u. ~ l!f ; ;,. N e ~ ..J U Q. iL z o )C )C W I N D I ~ai . I i~:' 8~~' w::1 z'"'" :; . . IJ~~ . LG.G.. 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E:: . = . = : = : = . :~ : ::;.~;.; :~~r~~ ::.n:~:, - . = . = : = . = . =:. . = . = : =. = . =: . = 'J.'L . - -' -..- ...--. -.-'" -.< -' - '~QJ.H::16.~;~ ~~:r ;O^ . ~~-". "!)~JN] J)lno JlinJdld d!) J - - I,WS] .~21 'OJ NOISSIWSNW~1 S"I) C' -"---;1 3' w. Q. _... ... .... - ---.f!--. .-c.- LJ. -. . --. ..-4. ._.. . il u e PPG INDUSTRIES. INC. e /: J;6/ I r:~).(: ~\ ~ ~:;;,,\ .~,' \::-p / ')0 e ,~ (1 't -- TAX ABATEMENT TRACT Being a 5.48 acre tract (238,700 Sq. Ft.) out of the PPG 32.29 acre tract located between South 16th. Street and the Southern Pacific Railroad, and between West "F" Street and Fairmont Parkway, said 5.48 acre tract being more particularly described as follows: COMMENCING at the Southeast corner of the said PPG Industries, Inc., 32.29 acre tract, said point being the point of intersection of the West right-of-way line of South 16th. Street with the North right-of-way line of Fairmont Parkway, and being also the Southeast corner of Block 896, Town of La Porte, according to the map recorded in Vol. 58 at Page 460, et seq, of the Harris County Deed Records; Thence, South 86 degrees 56 minutes 49 seconds West, coincident with the North right-of-way line of Fairmont Parkway, a distance of 245 feet to the POINT OF BEGINNING of this 5.48 acre tract; Thence, continuing South 86 degrees 56 minutes 49 seconds West. coincident with the North right-of-way line of Fairmont Parkway, a distance of 216.92 feet to a point for corner, said point being the most Southerly Southwest corner of the said 32.29 acre tract, and being also the Southeast corner of Mathison Chemical Co. tract; Thence, North 03 degrees 03 minutes 11 seconds West, coincident with the East line of the Mathison Chemical Co. tract, a distance of 404.05 feet to a point for corner, said point being an interior corner of the said 32.29 acre tract; Thence, South 86 degrees 56 minutes 46 seconds West, coincident with a Southerly line of the said 32.29 acre tract and a Northerly line of the Mathison tract, a distance of 120 feet to a point for corner; Page 1 of 3 e e ;. " . - "~U~~"'0. /7 .' '. " ~ \V/ Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 200 feet to a point for corner; Thence, North 86 degrees 56 minutes 49 seconds East, a distance of 210 feet to a point for corner; Thence, South 03 degrees 03 minutes 11 seconds East, a distance of 80 feet to a point for corner; Thence, North 86 degrees 56 minutes 49 seconds East, a distance of 49.31 feet to a point for corner. Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 721.81 feet to a point for corner. Thence, South 86 degrees 56 minutes 49 seconds West, a distance of 119.65 feet to a point for corner. Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 130.00 feet to a point for corner. Thence, South 86 degrees 56 minutes 49 seconds West, a distance of 180.00 feet to a point for corner. Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 131.82' feet to a point for corner. Thence, South 86 degrees 56 minutes 49 seconds West, a distance of 154.28 feet to a point for corner. Thence, South 03 degrees 03 minutes 11 seconds East, a distance of 98.82 feet to a point for corner. Thence, North 86 degrees 56 minutes 49 seconds East, a distance of 44.08 feet to a point for corner. Thence, South 03 degrees 03 minutes 11 seconds East, a distance of 113.00 feet to a point for corner. Thence, South 86 degrees 56 minutes 49 seconds West, a distance of 64.08 feet to a point for corner. Page 2 of 3 e e ....~. ':"".'~ /~.~ "J:" . .- .' \<'" . / .... ../"' \ Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 231.82 feet to a point for corner. Thence, North 86 degrees 56 minutes 49 seconds East, a distance of 493.93 feet to a point for corner. Thence, South 03 degrees 03 minutes 11 seconds East, a distance of 1,003.63 feet to a point for corner. Thence, North 86 degrees 56 minutes 49 seconds East, a distance of 57.61 feet to a point for corner in the toe of slope of the Firewater Pond; Thence, South 03 degrees 03 minutes 11 seconds East, a distance of 524.05 feet to the POINT OF BEGINNING. PREPARED FROM SURVEY OF 32.29 ACRE TRACT AND PLANT SITE PLAT FURNISHED BY PPG INDUSTRIES, INC., AND NOT SURVEYED ON THE GROUND. BEARINGS ARE GRID BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE. ;dU~ H. Carlos Smith Texas Registered professional Land Surveyor No. 1228 Job No. 3201-98, September 19, 1998 Page 3 of 3 00 SEP-13-1998 22:03 SEP 14 e e Exhibit "e" PPG Indaltries.lllc. Tax Abatemellt AereemeDt Project DescrlptlOIl & Economic Data I. PhArmaccutlcal Vail: Direct Cost.: Process Equipmmt PrOC~11 Equipnurllt In.~callation Process Bmldinl . Warehouse, Office" C1ectrical Building Site Development. Tank FInD % InfraltnlclUre Pipe bcJc: &: lntcrconnccring Services ppe Direct Cost 57.600.000 $9,'OO,OUO $',700.000 $1,100,000 52,000.000 51,100,000 52.500,000 ladirlct COils: EagiDccriul &: Design Conunissionin& " ValidatioD Field Indirect Tatal Project Costs: 53,900,000 S 900.000 S 700,000 SJ5,OOO.000 2. Isocyanate Vnlt: Direct COIl! Procc:ss EquipmC1lt Process Equipmcut tnstaJlation Sile Development Piping It Electrical $3,728,000 S3,I03,Ooo S 438.000 51,333,000 Indirect Cott; Enaineerillg " Design Commis,Io=S Tota. rroJ.ct co.l: $1,043,000 S 305,000 510,000,000 J. Tbermal Oxidizer: Dinct Co.t: Process Equipment Process EquipmODt InsraJlation Si~ DeveJopmftlt Piping &: electrical Iad'rm Co,t: 52,317,000 S1,188,OOO $ 223,000 S 476,000 EDsineerillS It Desfgn Commiuioning Tot>>1 Project Cost: S 746,000 S 50,000 S5,OOO,000 Gralld Totll Cosu for All 3 Units: SSO.OOO,OOO .. ..~.~ : 0S 713 621 4060 P.015/017 ~n"~~j' j ,~-~'~J~' ,.-./ .../.., 713 621 4060 PAGE.015 e e Exhibit "D" Reinvestmeat Zone, PPG ladustrie~ JDC. Tax Abatement AEreemeat ListinE of Real & Persoaal Properties subject to Tax Abatement Agreement ~r-0G\\./~ Beine a 5.48 Acre b"act (238,700 Sq. Ft.) out of tht PPG 32.29 acre lractlocated between South 16th. Street and Southern Pacific Railroad, and between West "Y" Street aDd Fairmuat Parkway, said 5.48 acre tract being more particularly described on Exhibit "B" Pl"op~l"~' LC:~:lI1 Dl!Scrtptlon Prope~ Tn Account Number Lots 11 TIuu 16 & PariS ot Lots 17-23 Block 870 Town oCLa Pone 024-116-070-0001- - This tn 1.0. II represents lots I Ihru 32 block 870 20. oflots 1 Thru 16 block 896 Town of La Portc 024-117 -096-000 I- - This tax 1.0. II represents lots 1 thru 32 block 896 Lots 17 Thru 32 Block S9S Town of La Porte 024-117-095-0001* - .nus tax 1.0. ## represents lots I thru 32 block 895 20' of Lots 14,15 &. 16 Block 869 Town of La POrte 024-115-069-0001* - This tax 1.0. /I reprcsents lots 1 Ihru 32 block S6!J All of Lots 13 Thru 20 & 80' Block 834 Town of La Pone 024-112-034-0001* .. This tl.X 1.0. H represents 10ts'l thru 32 block 834 Lots 28-32 Block 859 Town of La Pone 024-112-059-0001- * This tl.X 1.0. /I represents lors 1 th.1"\J 32 block 859 Part of Tr:lct 1. R. Pe:lrS:l11 Survey Original Acreage 11.060 Acres *044-051-000-0004 * This tax 1.D. II represents 11.060 acres Part uf "D" Street Abandoned & Closed August S, 1981, City of La Porte Ordinance No. 1269 lnvc:tllory, Supplies, finisbed Goods &iw Malerials, Work in Process, furniNre & Fixtures Compulc=r Eq., Radio Eq. Mobile Machinery, tv! & E 0173299 SEP 23 '98 11 :35 PAGE.13132 SEP-13-1998 22:03 e 713 621 4060 P.017/017 e - - '\ /~ r----..-,. r Exhibit "E" PPG IDdllstries, lac:. Tax AbaCemeat Acreemeat Description of the PlanD~ Expansion PPG proposes to build a new pharmaceutical productlDn unit, a new isocyanate production unit, and a new thennal oxfdlzClJ', for pollu.tion prevention, and other support facilities at PPO's La Parle, Texas plant !lite. The various production units win be used for the manu&cturing of adv8J1ced intennediate and active phannaceutical ingredients, specialty isocyanate chemicals. and other specialty chemicals. It is proposed to locate the unit totally within the present developed plant property. If approved. the consl\'Ucnon will .tart no later than October 1. 1998 and be completed by the end of200 I. The La Pone facility is part of tho Specialty Chemical Business Unit. Major product lines produced at the plant include chtoroformatcs. acid chlorides, phannaceutical intermediates. and other specialty chemicals. SEP 14 '98 113: 09 TOTAL P.017 713 621 4060 PAGE.017 t.-C; /It'(f,jIAlJ tll. INt'. I .,_., IlfJUla..... I:llNCl( '( """', IHI.: I .:: f1r''',_ltto.'Jfl' 11<' Auc.t "". ~ '-' ;"u (P ~,I ?;~: rHO. N 960 56' 49- ( ... 61:J.O~' _ :: it:: /' --..w~~iiT~"--Ul / I PPG IUPI:r.on, l'lt: , /111 \ lIJ' III I IIlI no I' N~",: N N;; ',.:;';'''," ~ i ~!~ I ~, ___._.'.~I ~.,~,., ...." ~ !~~. .t2(.mJ' it: :!l: , ;t.; , , .-. r"' ! ". J ~~ ~ , ='J, I , !!~ ;~i;' . . m ip ; ~.~j I ; j ~~rJ lJ:I. PJ, ,~ ;, "' "P' I- I tst I' l I' i ,I ~~ I 1 ll~ ,/ j i I'~ ~~ : Iii J/'!e:@1 J.I'/'I~ itc , . , '6 ; I i~ i,' ~I a I !: i~I"11 i II It I:'. : i~il / ': '~I' i ~~:x Iii I i ~ ~ = I I II !!! I ' :1.1 i !' s.. a ! ~ tIll I Ii) !: a r = S'I I J ~ !I" II" '1' 1St S ,t: ~,l i: ~. ~ '; : i : I I ,ill g ! li:~ , : I I '1'1 ill.' . : I I I,' ~' T I I . . f!-V~~'/'" -. .~ ~ .j4-.,....I~ ".~..~ · i; ~ i, I i ~ : Ii' 'II il ~ tll ~ i I : j 'h-j \ I :. II' \I : ~ , II' i I' .J'N: -:.1 ; . ru..' ~. ~ I ~ a~' I I " ;;~~i ! II i i. ~I ~ I s il d:i~' , J!l ~~:I III ; ;~!!I 'If !l ~9:! I, ~ . I I I gi ii' F. I I I I i ~I i i !I, I I 't I ;.. i'h' .,' u..,.-:'..J 'to... \; :'l;o;r - I ! I, I I 'I I I I I I I I , _tMAU,ptlt ".. I ran 101W. A". t "IACI I CUI.MII,(WII CQrlPQRAIIUt '0 ~a. '''DUII'''es. INt. Ne.er. No rUlll] DCC. ]I, 191' . ., ~u Itart ~IUC f.....e.. . . 1"""..." , . 11h&.Slft," / - - - r.'u,.-.nti-AntS' - - -. .- -1 ""ffln~ c,.AS ~"D"IlCII. l-.c. I ~cJ~~:.':~~~,~~ I DCIDKIt ]I. I'" I rND S 81. 00' I'. v - 327.10 ".1"" I. It. S/" .e il V "'" CHt..ICAl ClM"oIUlt. PIC. In MAIHUON GAl CCM"M'. INC. VrI.. .,n. PG. uS,. KC.DR. ttc.CJ. No. ....,11' !I .. . , ! ,(k:~.~ ':r ... ~. :e I .." flJII '; 11,1' III' 'I _~.J~ ~~.~~ ~_ .~:' _~_'-!..,_ ":~~"~~j 1.11 .~ . :;;: :,l,~i' on 'u .. ., ~ ~n ie3'~ r e~li j REINVESTMENT ZONE P. P.G. INDUSTRIES,INC. LAPORTE; TEXAS - itA "1 ~':/'.I . .....~- --- ! I': ! I ".', ,. : !~\ (J"FQ)~ f .,.7..U.I 1[ 1I11l"f] . Ii ~I I , p "',':':," :I;:':~~: \ "" ''N ",;' '-"", l'U""~I" I'''. ",'t"' ....,'. ',,'1 ..,.",. I";' .; , i: II. . I ;11~r:_._."".. II ~ I, ':"'1""1"=';' " ., of. ,. l~' l :1' i~ - - .-. - ., : , ~l~ I I I ~I ~ : , I ~: Q I .,~. ".hl.'".~'~; 61 ~ ?o ~~'-I~f~.u':f?. "r~ !'_:...i::: ~~. . i i ;1: ~'.I"',I I\, .~"!. ~I ~ ; ."' . i,: : i i .8'~ i I ~j,~:\' " H: ;; 1','1, ! i.1 II : /: . 8.1 a I I : ~~{~r'\ IJbO'1 'iOf ,; II .I.! '" I I' ~~~~ I I" ~'i i , :J I , ,<1 ~ I " i~~: I'. ~w I' I ~ I I r , , rl~~ /I I::: I I , ; I I' r:~ij .. '" :: -. - - - J L - - - - J ' .~ - - - - -! ;- - ~U : l' 2 "11"("'''.I'~ -D I :",\1[$' 'V $'11t[[1 t tUNC DltIV(\lr i i 1- -- - -- -, r -- n --; ,Ir - - --- -. ""- ~,...;,tj 5' --,-= I II I ~~I " I :,::',' 5l t I I I iiIi: wi 'I I . PPG It-!OUS ~I(S: INC. , I iil II r:: I 3Z.2':/ ACR tRACT I I k' "/I , I I I ~ ~I II I~:: I H[AVY INnUS'"fAL IUN( C HI I , I I!l' I , III :: '. : 5: : ~ '~'I':I ~ , I ." 870 ': I ~ I , :'869. : I ~ I II........: I I II.':: I I ro\l~ ' LfI PUR' ( I ,'.. ........1.~ ~ I 59. 46P pIc. ItC.IIR, I ."" . ~ . I II " ::: I /I II' I ~ - I I I J '" I' .... ~,." ~I'~ .JL___l,;" __ ----.., r----il/' , ", I :. ~ , h~""/ : :~~ill' ~ I ~"L , w~g" : 896 t~~ iLl :. .897 I . . : ~ !: I ' I 1 .. I ~:ii, L I ,~.. I !i/II I - I ---.-- . - . - , r". -_- l..'f-- \((SI '.' 11.([1 ~ i~ ~~ ~ djr- 6)' H. CUlua .MUN -- - ...-..1:.,.::::::::. ")0 e e A';'~-I PPG INDUSTRIES, INC. -- TAX ABATEMENT TRACT Being a 5.48 acre tract (238.700 Sq. Ft.) out of the PPG 32.29 acre tract located between South 16th. Street and the Southern Pacific Railroad. and between West "F" Street and Fairmont Parkway, said 5.48 acre tract being more particularly described as follows: COMMENCING at the Southeast corner of the said PPG Industries, Inc., 32.29 acre tract, said point being the point of intersection of the West right-of-way line of South 16th. Street with the North right-of-way line of Fairmont Parkway, and being also the Southeast corner of Block 896, Town of La Porte, according to the map recorded in Vol. 58 at Page 460, et seq, of the Harris County Deed Records; Thence, South 86 degrees 56 minutes 49 seconds West, coincident with the North right-of-way line of Fairmont Parkway, a distance of 245 feet to the POINT OF BEGINNING of this 5.48 acre tract; Thence, continuing South 86 degrees 56 minutes 49 seconds West, coincident with the North right-of-way line of Fairmont Parkway, a distance of 216.92 feet to a point for corner, said point being the most Southerly Southwest corner of the said 32.29 acre tract, and being also the Southeast corner of Mathison Chemical Co. tract; Thence, North 03 degrees 03 minutes 11 seconds West, coincident with the East line of the Mathison Chemical Co. tract, a distance of 404.05 feet to a point for corner. said point being an interior corner of the said 32.29 acre tract; Thence, South 86 degrees 56 minutes 46 seconds West, coincident with a Southerly line of the said 32.29 acre tract and a Northerly line of the Mathison tract, a distance of 120 feet to a point for corner; Page 1 of 3 ;:.~ C0)U~W " /5 't e Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 200 feet to a point for corner; Thence, North 86 degrees 56 minutes 49 seconds East, a distance of 210 feet to a point for corner; Thence, South 03 degrees 03 minutes 11 seconds East, a distance of 80 feet to a point for corner; Thence, North 86 degrees 56 minutes 49 seconds East, a distance of 49.31 feet to a point for corner. Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 721.81 feet to a point for corner. Thence, South 86 degrees 56 minutes 49 seconds West, a distance of 119.65 feet to a point for corner. Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 130.00 feet to a point for corner. Thence, South 86 degrees 56 minutes 49 seconds West, a distance of 180.00 feet to a point for corner. Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 131.82' feet to a point for corner. .Thence, South 86 degrees 56 minutes 49 seconds West, a distance of 154.28 feet to a point for corner. Thence, South 03 degrees 03 minutes 11 seconds East, a distance of 98.82 feet to a point for corner. Thence, North 86 degrees 56 minutes 49 seconds East, a distance of 44.08 feet to a point for corner. Thence, South 03 degrees 03 minutes 11 seconds East, a distance of 113.00 feet to a point for corner. Thence, South 86 degrees 56 minutes 49 seconds West, a distance of 64.08 feet to a point for corner. Page 2 of 3 e ........ ~@)W f. '\ \ U , / / ,--- j / './.J ' e e , '\, '>, ~;~/j I ' Thence, North 03 degrees 03 minutes 11 seconds West, a distance of 231.82 feet to a point for corner. Thence, North 86 degrees 56 minutes 49 seconds East, a distance of 493.93 feet to a point for corner. Thence, South 03 degrees 03 minutes 11 seconds East, a distance of 1,003.63 feet to a point for corner. Thence, North 86 degrees 56 minutes 49 seconds East, a distance of 57.61 feet to a point for corner in the toe of slope of the Firewater Pond; Thence, South 03 degrees 03 minutes 11 seconds East, a distance of 524.05 feet to the POINT OF BEGINNING. PREPARED FROM SURVEY OF 32.29 ACRE TRACT AND PLANT SITE PLAT F11RNISHED BY PPG INDUSTRIES, INC., AND NOT SURVEYED ON THE GROUND. BEARINGS ARE GRID BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE. ;dU~ H. Carlos Smith Texas Registered Professional Land Surveyor No. 1228 Job No. 3201-98, September 19, 1998 Page 3 of 3 00 SEP-19-1998 02:10 e e Exhibit "e" PPG Industries, Inc. Tax Abatement Agreement Project Description & Economic Data 1. Pharmacrutical Unit: Direct Costs: Process Equipment Process Equipment Installation Process Building Warehouse, Office & Electrical Building Site Development, Tank Fann % Infrastructure Pipe Rack & Interconnecting Services PPG Direct Cost $7,600,000 59,500,000 $5,700,000 $1,100,000 $2,000,000 $1,100,000 52,500,000 Indirect Costs: Engineering & Design Commissioning &: Validation Field Indirect Total Project Costs: $3.900,000 $ 900,000 $ 700,000 535,000,000 2. Isocyanate Unit: Direct Cost: Process Equipment Process Equipment Installation Site Development Piping & Electrical $3,728,000 $3,103.000 $ 488,000 $1,333,000 Indirect Cost: Engineering & Design Commissioning Total Project Cost: $1,043,000 $ 305,000 510,000,000 3, Thermal Oxidizer: ,Direct Cost: Process Equipment Process Equipment Installation Site De\"elopment Piping & Electrical $2,317,000 $1,188,000 $ 223.000 $ 476,000 Indirect Cost: Engineering & Design Commissioning Total Project Cost: $ 746,000 $ 50,000 55,000,000 Grand Total Costs for All 3 trnits: 550,000,000 713 621 4060 P.015/017 .. ,\" ;-. ") '. ./ ~/ ~ SEP-19-1998 02:10 e 713 521 4060 P.015/017 e " ~ ,-- "0,\\ ,r/ Exhibit "D" PPG Industries, Inc., Tax Abatement Agreement J..isting of Real & Personal Properties subject to Tax Abatement Agreement Property I~egal Description Propedy Tax ID Number Tract No. I. Being a 3.33 Acres (144,877 Sq. Ft.) more accurately desc:ribed on the attached field notes 20' of lots 1 Thru 16 block 896 Town of la Porte 024-117-096-0001* .'fhis property tax. account 10. represents lots 1 Thru 32 block 896 Lots 11 ThIU 16, & Parts of Lots 17- 23 Block 870 Town of La Porte 024-116-070-0001* -This property tux account 10. represents lots 1 Thru 32 block 870 Lots 17 Thru 32 Block 895 TO'\ll of La Porte 024-117-095-0001* *This property tax account 10. repJ:esents lots 1 Thru 32 block 895 20' of Lots 14,158:. 16 Block 869 Town of La PortC' 024-115-069-0001. ""This property tax account 10. reprt'llcnts lots 1 Thru 32 block 869 Tract No.2, Being a 1.13 Acres (49,400 Sq. Ft.) more accurately described On the attached field notes All of Lots 13 'Ibm 16 & 80' of Lots 17 ThIU 20 Block 834 Town of La' Porte 024-112-034-0001. "'This property tax account 10. represents lots 1 Thru 32 block 834 Being 0.11 Acres Part of Tract 1, R. Pearsall Survey Original Acreage 11.060 Acres 044-051-000-0005. This property tax account 10. represents 11.060 acres 100' oCLots 28-32 Block 859 Town of La Porte 024-112-059-0001. "'This property tax account !D. represents lots 1 Thru 32 block 859 Tract No.3, Being 0.1 1 Acres (4.972 Sq, Ft.) more accurately described on the attached field notes Being 0,11 Acres Pan of Tract 1, R. Pearsall Survey Original Acreage 11.060 Acres 044-051-000-0005 '" "'This property tax aCcolUlt ro. represe.nt!l 11.060 acres owned by PPG, being the site of the existing plant Inventory, Supplies. Finished Goods .Raw Materials, Work in Proccss. Furniture & Fixtures Computer Eq., Radio .Eq. Mobile Machinery, M & E 0173299 SEP-19-1998 02:11 713 621 41216121 P.12I17/017 e e . ," !-::::::::--\If i '\ \ (, -<\ I ~ , '-. ',-J../ U Exhibit "E" PPG Industries, Inc. Tax Abatement Agreement Description of the Planned Expansion PPG proposes to build a new pharmaceutical production wtit, a new isocyanate production unit, and a new thenna! oxidizer, for pollution prevention, and other support facilities at PPG's La Porte, Texas plant site. The various production units will be used for the manufacturing of advanced intermediate and active pharmaceutical ingredients, specialty isocyanate chemicals, and other specialty chemicals. It is proposed to locate the unit totally within the present developed plant property. If approved, the construction will start no later than October I, 1998 and be completed by the end of 2001. The La Porte facility is part ofthe Specialty Chemical Business Unlt. Major product lines produced at the plant include chlorofonnates, acid chlorides, pharmaceutical intermediates, and other specialty chemicals. TOTAL P.017 -- e ~UFST FOR CITY COUNCIL AG~A ITEM Agenda Date Requested: Se.ptembert28. 1998 Requested By: Louis Rigby ~ Department: Report ~ution X Administrative Services Ordinance Exhibits: Ordinance Memo to City Manager SUMMARY & RECOMMENDATION The software modules used by the Police Department and Municipal Court are not Year 2000 compatible. The company who provides these applications, USTI, has indicated to us that they will no longer offer the jail or court module and that the remaining applications used by the Police Department mayor may not be ready by that time. We have looked at alternative solutions and are recommending that the City purchase the police and court systems from HTE, Inc., as an add on to the current HTE Administrative/Financial package currently being used throughout the City, and an addendum to the contract signed in 1995. The add on will allow a smoother operation, in that the new applications are based on the same configuration, and will allow the systems to "talk" to each other through the computer. Currently, payments to the court are manually input. The cost of the new applications would be $302,017, including required upgrades to the hardware. Previous years' funding has accounted for $156,030 for the replacement of the police/court software. An additional $150,000 was placed in the fiscal year 1998-99 budget that was recently adopted, bringing the total budgeted amount to $306,030. Action Required by Council: Approve the attached ordinance allowing the purchase of police and court software applications from mE, Inc., in the amount of $302,017. Availability of Funds: General Fund -1L Capital Improvement --X. Other 02352525808011 Aocount~umber:01598925431100 WaterlWastewater _ General Revenue Sharing Funds Available: ----X...- Yes _ ~o Approved for City Council Aeenda fr; (l. err z-r/ 1 ~ , Date e e ~~rD'1~./7 \~ '"7 \. ~ /L;='~ Y / ORDINANCE NO. 98-2285 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HTE, INC., OF ORLANDO, FLORIDA, TO PROVIDE POLICE AND MUNICIPAL COURT SOFTWARE APPLICATIONS; APPROPRIATING $302,017.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum not to exceed $302,017.00 from the 1998-1999 Capital Improvement Project budget and computer fund budget, to fund said contract. Section 2. The City Council finds that USTI, the current provider of dispatch, jail, court and other police related software systems, cannot guarantee that their systems will be Year 2000 compatible; further, the City has been notified by USTI that their jail and court systems will be discontinued; further, the city Council determines that the above mentioned systems are essential to the public safety of its citizens; further, the City Council determines that its existing software provider for administrative and financial systems, HTE, Inc., as selected in a Request for Proposal process in 1995, has as a fully integrated module, a series of software programs for the above mentioned processes, that 98-2285 e e ~@LPW are Year 2000 compatible and also have the ability to convert existing data to the new system, as they have successfully done for other municipalities. The City Council determines that the most economical and efficient method to replace these software programs is to purchase the necessary fully integrated modules by providing a supplement to the existing contract with HTE, Inc. Therefore, the City Council authorizes this supplement to the agreement with the City's current software provider, HTE, Inc. section 3 0 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 Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 28th day of September, 1998. CITY OF LA PORTE h{~~(4 Mayor By: 2 98-2285 e ATTEST: ~~o. JdtJjjJ1 a ha A. Gillett, City Secretary e (Q;@~v 3 e e @@/P)11 CITY OF LA PORTE INTEROFFICE MEMORANDUM SEPTEMBER 21.1998 TO: Robert T. Herrera, City Manager - ~ FROM: Louis Rigby, Director of Administrative Service SUBJECT: HTE Software Purchase The City currently owns and operates an IBM AS/400 mini computer at the Police Department, and is used by both police and Municipal Court. A company called USTI currently provides these software applications. USTI has informed the City that they will no longer provide licenses for the jail or municipal court modules and that the police applications may be year 2000 compliant when the time comes. A Request for Proposal (RFP) was sent out in 1994 to replace the City's main frame computer and the administrativelfinancial software applications. A contract was successfully negotiated in 1995 with a company called HTE, located in Orlando, Florida, to provide this software. When we found out that there was a possibility that USTI would not be year 2000 compatible, we began looking at alternatives. We knew how long the administrative/financial RFP took and did not know if there was sufficient time for that process when coupled with the time for conversion of existing data and training on the new system. I spoke to Chip Collins of the Accord Group who recommended we talk to HTE about adding to our current administrative/financial applications. We contacted HTE who provided a proposal to replace the police and municipal court software applications. We would consider this item as an add on to an existing package and an addendum to the contract signed in 1985. HTE provided demonstrations for both the applications and were given favorable recommendations from both municipal court and the police department. The cost of the new applications would be $302,017. This includes license fees, training, installation, project management, conversions, and travel expenses. The 1998-1999 Capital Improvement Project budget shows funds available of $306,030 ($156,030 to date and $150,000 in the new budget). If this meets with your approval, I will place it on the Council agenda for September 28, 1998. c: Jeff Litchfield, Director of Finance/ACM e e 'EQUEST FOR CITY COUNCIL AGENIITEM AGENDA DATE September 28.1998 REQUESTED BY Jeff Litchfield. Finance Director/ACM _ REPORT; _ RESOLUTION; -1QL ORDINANCE; The City of La Porte has provided selected services to the City of Morgan's Point for several years. The current contract to provide these services expires on September 30, 1998. City staff has meet with Morgan's Point staff and determined the continued provision of these services are in the best interests of both cities. The services provided include Emergency 911 Dispatch and Jail Service, Emergency Ambulance Service and Fire Protection. City staff recommends a new contract be entered into with the City of Morgan's Point for the provision of these services and the contract be substantially identical to the current contract. In summary format, the contract calls for the City of La Porte to provide these services to the City of Morgan's Point for an amount equal to 110% of the per capita budgeted costs for the services. The term of the proposed contract is three years. For the 1998-99 fiscal year, the costs to Morgan's Point for these services total $3,162.77 per month. Staff recommends approval of the agreement. ACTION REQUIRED BY COUNCIL: Approve Ordinance authorizing agreement between the City of La Porte and Morgan's Point for the provision of selected governmental services. FUND N/A ACCT NUM: FUNDS AVAILABLE: APPROVED FOR CITY COUNCIL AGENDA ~T~ ROBERT T. HERRERA, CITY MANAGER q.7.'3..ql(, DATE e e (- ~'J (-> r - ~ /- ,~' ,. ORDINANCE NO. 98- 2286 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BElWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT, FOR EMERGENCY 911 DISPATCH AND JAIL SERVICE, FIRE PROTECTION, AND EMERGENCY AMBULANCE SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1 The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. Section 2 The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3 This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 28th day of September, 1998. ATTEST: e e '.'" /~~'\r~\'v7 " ./ I; AGREEMENT THE STATE OF TEXAS COUNTY OF HARRIS x X This Agreement made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the CITY OF MORGAN'S POINT, a municipal corporation of Harris County, Texas, hereinafter referred to as "CITY", WITNESSETH WHEREAS, CITY is in need of certain governmental services for the benefit of the people and property within its city limits, and WHEREAS, LA PORTE is able and willing to provide said governmental services to CITY, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, pursuant to the authority granted by Chapter 791, "Interlocal Cooperation Contracts", Texas Government Code, and in consideration of the mutual covenants, agreements, and benefits to both cities, it is hereby agreed as follows: A. GENERAL PROVISIONS 1. For and during the three year beginning on the 1st day of October, 1998, and ending on dIe 30th day of September, 2001, LA PORTE agrees to furnish to CITY, the governmental services hereinafter more specifically described, and continuing thereafter as provided in Paragraph A-IV or until canceled as provided in Paragraph A-V hereof. This agreement supersedes any prior agreement between the partners on the subject matter hereof. II. For and in consideration of the governmental services to be provided by LA PORTE to CITY, CITY agrees to pay LA PORTE as follows, to wit: (I) Monthly base charge as follows: e e /-.~ - f '\.f>~r~~ I I' "-./) I .",':_" Emergency 911 Dispatch and Jail Service fire Protection Emergency Ambulance Service $ 539.34 1,492.16 1,131.27 $3,162.77 Total A further sum of $ 8.00 per prisoner per day or any fraction thereof. The total of such base charges, plus charges for said specific services, to be paid in full by CITY to LA PORTE, on or before the tenth day of the mondl following the month in which such services were rendered. Payments by CITY shall be made from current revenues available to CITY. (2) III. LA PORTE will not be liable for loss or damage to person or property arising from or caused by or resulting from alleged negligence of LA PORTE, its officers or employees or volunteers in carrying out the tenns of this agreement. CITY agrees to indemnify, and save and hold LA PORTE harmless, from any such claim for loss or damage by itself, or by any person, firm, corporation, or association, in connection with this agreement. IV. The monthly base charge hereunder is based on 110 percent of the per capita budgeted cost to LA PORTE for its fiscal year beginning October 1, 1998, to provide the services enumerated herein to the residents of LA PORTE, based on LA PORTE'S 1990 federal census of 29,200, and City's 1990 Federal census of 341. The monthly charges hereunder are prospectively subject to increase, based on the same formula, after September 30, 1999, upon fifteen (15) days written notice from LA PORTE to CITY, for budget year(s) beginning October I, 1999 and thereafter. V. Either party to this agreement may cancel by giving sixty (60) days written notice to the other party. Such notice will be effective as of midnight of the last day of the calendar month after the expiration of such sixty (60) days notice. VI. CITY personnel shall abide by all LA PORTE rules, regulations, and policies, as they now exist, or may be amended hereafter, relating to the services rendered including dIe use of facilities made available to the CITY under the terms of this agreement. 2 e e (r<\ ~~" r'-:~);\y/ \.. \..../'; \.,)! . ,/ B. EMERGENCY 911 DISPATCH SERVICES I. LA PORTE agrees to receive telephone calls and to dispaLCh radio calls to CITY patrol units. II. LA PORTE further agrees that a dispatcher will be available at the LA PORTE Police Department to render this service twenty-four (24) hours a day for the duration of this agreement. C. JAIL I. LA PORTE agrees to allow CITY to temporarily confine persons arrested by CITY's law enforcement officers in dIe LA PORTE City Jail until such time as they can be properly released or conveniently moved by the proper authorities to the Harris County Jail. II. CITY agrees to keep certifications current of all law enforcement officers, required by the Texas Commission on Law Enforcement standards and education or other appropriate regulatory authority having jurisdiction, and shall provide copies of same to LA PORTE, if so requested. III. CITY will be solely responsible for all medical care for, and all transportation of arrestees brought to and/or being taken from the LA PORTE jail. In addition, CITY shall be solely responsible for the security of the arrestee during said transportation. IV. LA PORTE may suspend service and may refuse to accept any arrestee from CITY, in its sole discretion. D. FIRE PROTECfION I. LA PORTE agrees to provide fire protection for real and personal property situated within CITY, for the term of this agreement, upon dle tenus and conditions herein contained. 3 e e (- \'\ (~'):3)W I II. Sule discretion will rest with the LA PORTE Fire Chief, or his duly authorized assistants, as to the fire fighters and equipment that will answer each fire alarm, provided that protection will be adequate (meaning reasonable protection, considering available fire fighters and equipment of LA PORTE'S Fire Deparunent) and sending of fire fighters and equipment to protect property within CITY will be subordinate to requests for, and rendering of, fire protection within LA PORTE. III. CITY agrees to pay LA PORTE for fire protection services, the amounts, and in the manner, hereinabove specified. E. EMERGENCY AMBULANCE SERVICE I. As part of the consideration expressed herein, LA PORTE agrees to furnish ambulances and the personnel to man those ambulances, said ambulance service being available on a constant basis. LA PORTE shall regularly maintain said ambulance units, keep them in good working condition at all times, nonnal wear excepted. II. LA PORTE shall transport patients to the nearest hospital providing emergency service, dIat will take the patient, unless the patient's safety or unless the patient specifically dictates otherwise. In dIe event the patient is incapacitated, the ambulance attendant shall designate transportation of patient to the nearest hospital. III. LA PORTE shall be permitted to charge patients the following base charge, to-wit: (I) Ambulance Service and Invalid Coach Service: (a) LA PORTE shall be entitled to charge fees for its services rendered. (b) Method of dividing cost among patients if more than one is carried in the same ambulance simultaneously to one hospital: One and one-half (I 1/2) times dle regular rate, divided by dIe number of patients transported; each patient to pay equal amount. 4 e e /-.......0""'~~ r \ .! I. \! '::::.-J /} '. :~~ -V LI LA PORTE shall never deny emergency service because of a person's inability to pay. IV. LA PORTE agrees to operate the ambulances in accordance with the requirements of the State and Federal Law, and applicable ordinances of CITY, as same now exist, and as may be amended from time to time hereafter. v. LA PORTE's primary obligation hereunder is to serve tile area described as the corporate limits of the City of La Porte, plus dle area within dIe City of La Porte's Battleground Industrial District, the City of La Porte's Bayport Industrial District, and the corporate limits of tile City of Morgan's Point. LA PORTE, however, shall have the right and privilege to furnish ambulance service to other entities, including cities and water districts, witllin the boundaries of the La Porte Independent School District; provided, tllat tile basic level and quality of service to tile City of Morgan's Point, as provided for herein, is not diminished. LA PORTE shall be entitled to retain revenues received under such other contracts. LA PORTE shall charge its usual and customary fees for such selvice within such odler cities and entities, which fees shall not be less titan tllOse prescribed hereunder. F. ORDINANCE CITY shall promptly enact, and vigorously enforce, an Ordinance making it a misdemeanor for any person to make a "false alarm" to the LA PORTE Dispatch Service, for any emergency services. 5 e e <" /< '. ',!' ;---;; \'\/:' WITNESS OUR HANDS and the Seals of our respective Cities, effective as of the 1st day of October, 1998. PASSED AND APPROVED by the City Council of the City of La Porte, by its Ordinance No. 98- ~J~lo ,on the 29ft- day of ftpl-M04A.. , 1998. CITY OF LA PORTE By G?J~ I. ~ City Manager ATTEST: ~Dv~ Clt~ a;::;:w ity Attorney ~ PASSED AND APPROVED by dIe City Council of dIe City of Morgan's Point, by its Ordinance No. Cj ~ - 397 ,on the q # day of ~~.. 1998. CITY OF MORGAN'S POINT ~~ nF-"T: UJ~~ City Secretary , APPROVED: City Attorney 6 e e REouA FOR CITY COUNCIL AGENDA .1M Agenda Date Requested: Se.ptember 28. 1998 Requested By: Robert T. Herrera Department: _ Report _ Resolution _ Ordinance Exhibits: Letter and attachments dated August 31, 1998 from National League of Cities. SUMMARY & RECOM:MENDATION The National League of Cities (NLC) is asking that the City of La Porte consider appointing a voting delegate and an alternate voting delegate to National League of Cities Annual Congress of Cities Business Meeting. Action Required by Council: Vote for a delegate and an alternate voting delegate to National League of Cities Annual Congress of Cities Business Meeting. Availability of Fonds: General Fund_ Water /Wastewater _ Capital Improvement_ General Revenue Sharing Other Account Number: Funds Available: YES _ NO Aooroved for City Council Ae:enda G~'[ ~ Robert T. Herrera City Manager ". ~'3.,~ Date ~ e e ((~CJ) r0W7 Officers ,,/ l.J Lr National League of CIties 1301 Pennsylvania Avenue N.W. Washington, D.C. 20004-1763 (202) 626-3000 Fax: (202) 626-3043 www,nlc.org PreSldenl Brian J. O'Neill Council Member, Philadelphia, Pennsylvania August 31, 1998 First Vice President Clarence E. Anthony Mayor, South Bay. Florida MEMORANDUM Second VIce PreSIdent Bob Knight Mayor, Wlchlla. Kansas To: Immed,ate Past President Mark Schwartz City Clerks of Direct Member ~ities CounCil Member. Oklahoma City, Oklahoma fkr Executive D"ector Donald J. BOM Donald J. Bornt, Executive Dir tor . V oting and Alternate Voting Delegates, Annual Congress of Cities, December 1-5, 1998, Kansas City, Missouri From: Subject: DUE: OCTOBER 9,1998 The National League of Cities' Annual Business Meeting will be held at 2:00 p.m. on Saturday, December 5, 1998 at the Congress of Cities in Kansas City. Under the Bylaws of the National League of Cities, each direct member city is entitled to cast from one to 20 votes, depending upon the city's population, through its designated voting delegate at the Annual Business Meeting. The table on the reverse side of this memorandum shows the breakdown of votes by population categories. To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must be designated by the city using the attached credentials form which will be forwarded to NLC's Credentials Committee. NLC's Bylaws exoresslv orohibit votim~ bv oroxv. Thus, the designated voting delegate(s) must be present at the Annual Business Meeting to cast the city's vote(s). In early November, NLC will send a special edition of the Policy Informer summarizing proposed National Municipal Policy amendments and proposed resolutions. This information should be shared with your voting delegation. To establish your city's credentials and facilitate your voting delegate(s) preparation for the Congress of Cities, we ask that you return the IVORY copy of the completed form to NLC on or before October 9, 1998. A pre-addressed envelope is attached. Please forward the BLUE copy of the credentials form to your state league office and keep the WHITE copy for your records. For your assistance, a list of the state leagues is enclosed. If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3176. cc: Executive Directors, State Municipal Leagues Past Presidents: Glenda E. Hood. Mayor. Orlando. FlOrida . Sharpe James, Mayor. Newark. New Jersey . Gregory L.shulka. Mayor. Columbus. OhIO . Cathy Reynolds, CoIy Council Presiden!. Denver. CoIoraQo . Directors: Floyd Adams. Jr., Mayor. Savannah. Georgia . Arnie Adamsen, Councilman. Las Vegas. Nevada . e. H. Alexander, Mayor Pro Tern. Red Springs. North Carolina . John 8. Andrews. Executive Director, New Hampshire Municipal ASSOCiation . Oennis W. Archer, Mayor. OetrOl1. MichIgan . Sharon Sayles Belton, Mayor. Minneapolis. Mlnnesola . George D. Blackwood, Jr., Mayor Pro Tern. Kansas City. Missouri . Thomas G. aredew.g. Executive Ouector. Iowa League af Cities . George A. Brown. Jr.. CounclJmember. Lexlnglon-Fayeus. Kentucky . Susan J. Cave. ExecutIve Director, OhiO MunicIpal League' Mary Clark. Councl/member. Camden. South Carolina' Frank Clinton, Mayor. Paris. illinOIS . Hal Daub, Mayor. Omaha. Nebraska . John DeStafano, Jr., Mayor. New Haven. Connecticut . Sue Donaldson, Council member. SeaUle. Washington . Thomas Duane, Councllmember. New York. New York . Jerry Dunn, Mayor. Benbrook, Texas . Howard E. Duvall, Jr., EJ;ecullve Director. Municipal ASSOCiation of Soulh Carolina . Gene Feldman, Alderman. Evanston. illinOIS . William F. Fulginiti, ExecuUve Diroctor. New MeXICO Municipal League . John A. Garner. Jr.. Executive Dlreclor. Pennsylvania League of Clites and MuniCIpalitIes . Neil G. Giuliano. Mayor. Tempe. Arizona . Thomas J. Grady. E)l.ecutlve Director. Nevada League of Cilies . Victor Hernandez, Councilmember. Lubbock. Texas . Patsy Jo Hilliard, Mayor. East POlnl. Georgia . Patricia Lockwood, Mayor. Fenlon, Michigan . Jack lynch, Chief Executive. Bulte. Monlana . Linda A. Morton, Mayor. Lakewood. Colorado' Joe Murdy, Assemblyman. Anchorage. Alaska' Jenny Oropeza, Councllmember. long Beach. California' Mary C. POSI, Mayor Pro Tem. Dallas. Texas' Sedalia Sande,., Councllmember. EI Cenlro. Calolornla . Marjorie B. Schramm. Mayor, Kirkwood, MiSSOUri . Eric B. Smith, CounCil PreSIdent, Jacksonville. FlOrida . Harry Smith. Mayor. Greenwood, MissiSSIppi . Daniel M. Speer, Mayor. Pulaski. Tennessee . Connie Sprynczynatyk, Execullve Director. North Dakota League of Cllles . Louisa M. Strayhorn, Councilwoman. Virginia Beach. Virginia . Tommy Swaim, Mayor, Jacksonville. Arkansas . Jack l. Valencia, Jr.. Councilor. Las Cruces. New MeXICO Recycled Paper e e ~P)\,r?)~ ! NATIONAL LEAGUE OF CITIES ANNUAL CONGRESS OF CITIES Number of Votes - Direct Member Cities Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: ,;C11iV.fQ~~~~~:(f" - Under 50,000 50,000 - 99,999 100,000 - 199,999 200,000 - 299,999 300,000 - 399,999 400,000 - 499,999 500,000 - 599,000 600,000 - 699,000 700,000 -799,000 800,000 - 899,000 900,000 and above 1 vote 2 votes 4 votes 6 votes 8 votes 10 votes 12 votes 14 votes 16 votes 18 votes 20 votes Note: Member cities are required by the Bylaws to cast unanimous votes. Cred98.coc e e '~'\(n~fPJ- 11 ., \ ) I _ . . ........-' I STATE MUNICIPAL LEAGUE EXECUTIVE DIRECTORS ~ National League of Cities August, 1998 ALABAMA LEAGUE OF MUNICIPALITIES Perry Roquemore P.O. Box 1270 Montgomery, Alabama 36102 (535 Adams Avenue - 36104) (334) 262-2566, Fax: (334) 263-0200 ALASKA MUNICIPAL LEAGUE Kevin C. Ritchie Executive Director 217 Second Street, Suite 200 Juneau, Alaska 99801 (907) 586-1325, Fax: (907) 463-5480 LEAGUE OF ARIZONA CITIES AND TOWNS Catherine F. Connolly 1820 West Washington Street Phoenix, Arizona 85007 (602) 258-5786, Fax: (602) 253-3874 ARKANSAS MUNICIPAL LEAGUE Don Zimmerman P.O. Box 38 North Little Rock, Arkansas 72115 (301 W. 2nd Street - 72115) (501) 374-3484, Fax: (501) 374-0541 LEAGUE OF CALIFORNIA CITIES Don Benninghoven 1400 K Street, 4th Floor Sacramento, California 95814 (916) 658-8200, Fax: (916) 658-8240 COLORADO MUNICIPAL LEAGUE Kenneth G. Bueche 1660 Lincoln, Suite 2100 Denver, Col~rado 80264 (303) 831-6411, Fax: (303) 860-8175 CONNECTICUT CONFERENCE OF MUNICIPALITIES Joel Cogen 900 Chapel Street, 9th Floor New Haven, Connecticut 06510-2807 (203) 498-3000, Fax: (203) 562-6314 DELAWARE LEAGUE OF LOCAL GOVERNMENTS George C. Wright P.O. Box 484 Dover, Delaware 19903-0484 (134 East Water Street - 19903-0484) (302) 678-0991, Fax: (302) 678-4777 FLORIDA LEAGUE OF CITIES Michael Sittig P.O. Box 1757 Tallahassee, Florida 32302 (301 South Bronaugh, Suite 300 - 32301) (850) 222-9684, Fax: (850) 222-3806 GEORGIA MUNICIPAL ASSOCIATION James A. Calvin 201 Pryor Street, S.W. Atlanta, Georgia 30303 (404) 688-0472, Fax: (404) 577-6663 ASSOCIATION OF IDAHO CITIES Ken Harward 3314 Grace Street Boise, Idaho 83703 (208) 344-8594, Fax: (208) 344-8677 ILLINOIS MUNICIPAL LEAGUE Ken Alderson P.O. Box5180 Springfield, Illinois 62705-5180 (500 E. Capitol Avenue - 62701) (217) 525-1220, Fax: (217) 525-7438 e e ~:~(~[PW INDIANA ASSOCIATION OF CITIES AND TOWNS Michael J. QuiIUl 150 West Market Street, Suite 728 Indianapolis, Indiana 46204-2882 (317) 237-6200, Fax: (317) 237-6206 IOWA LEAGUE OF CITIES Thomas G. Bredeweg 317 Sixth Avenue, Suite 1400 Des Moines, Iowa 50309-4122 (515) 244-7282, Fax: (515) 244-0740 LEAGUE OF KANSAS MUNICIPALITIES Christopher K. McKenzie 300 S.W. 8th Street Topeka, Kansas 66603-3912 (785) 354-9565, Fax: (785) 354-4186 KENTUCKY LEAGUE OF CITIES 5ylvia L. Lovely 101 East Vine Street, Suite 600 ~gton,Kentucky 40507-3700 (606) 323-3700, Fax: (606) 323-3703 LOUISIANA MUNICIPAL ASSOCIATION L. Gordon King P.O. Box 4327 Baton Rouge, Louisiana 70821 (700 North lOth Street - 70802) (504) 344-500 I, Fax: (504) 344-3057 MAINE MUNICIPAL ASSOCIATION Christopher G. Lockwood 60 Community Drive Augusta, Maine 04330 (207) 623-8428, Fax: (207) 626-5947 MARYLAND MUNICIPAL LEAGUE Scott A. Hancock 1212 West Street Annapolis, Maryland 21401 (410) 268-5514, Fax: (410) 268-7004 MASSACHUSETTS MUNICIPAL ASSOCIATION Geoffrey Beckwith 60 Temple Place, Second Floor Boston, Massachusetts 02111 (617) 426-7272, Fax: (617) 695-1314 MICHIGAN MUNICIPAL LEAGUE George D. Goodman P.O. Box 1487 Ann Arbor, Michigan 48106 (1675 Green Road - 48106-1487) (734) 662-3246, Fax: (734) 662-8083 LEAGUE OF MINNESOTA CITIES James F. Miller 145 University Avenue, West St. Paul, Minnesota 55103-2044 (651) 281-1200, Fax: (651) 281-1299 MISSISSIPPI MUNICIPAL ASSOCIATION Jeanie E. Smith 600 East Amite Street, Suite 104 Jackson, Mississippi 39201 (601) 353-5854, Fax: (60 I) 353-0435 MISSOURI MUNICIPAL LEAGUE Gary Markenson 1727 Southridge Drive Jefferson City, Missouri 65109 (573) 635-9134, Fax: (573) 635-9009 MONT ANA LEAGUE OF CITIES AND TOWNS Alec Hansen P.O. Box 1704 Helena, Montana 59624 (208 North Montana - Capital I Center - 59601) (406) 442-8768, Fax: (406) 442-9231 e e l~(J) J~~jlY LEAGUE OF NEBRASKA MUNICIPALITIES Lynn Rex 1335 L. Street Lincoln, Nebraska 68508 (402) 476-2829, Fax: (402) 476-7052 NEVADA LEAGUE OF CITIES & MUNICIPALITIES Thomas J. Grady P.O. Box 2307 Carson City, Nevada 89702-2307 (206 N. Carson - 89701) (702) 882-2121, Fax: (702) 882-2813 NEW HAMPSHIRE MUNICIPAL ASSOCIATION John B. Andrews P.O. Box 617 Concord, New Hampshire 03302-0617 '~25 Triangle Park Drive - 03301) (603) 224-7447, Fax: (603) 226-2988 NEW JERSEY STATE LEAGUE OF MUNICIPALITIES William G. Dressel, Jr. 407 West State Street Trenton, New Jersey 08618 (609) 695-3481, Fax: (609) 695-0151 NEW MEXICO MUNICIPAL LEAGUE William F. Fulginiti P.O. Box 846 Santa Fe, New Mexico 87504 (1229 Pas eo de Peralta - 87501) (505) 982-5573, Fax: (505) 984-1392 NEW YORK STATE CONFERENCE OF MAYORS AND MUNICIPAL OFFICIALS Edward C. Farrell 119 Washington Avenue Albany, New York 12210 (518) 463-1185, Fax: (518) 463-1190 NORTH CAROLINA LEAGUE OF MUNICIPALITIES S. Ellis Hankins P.O. Box 3069 Raleigh, North Carolina 27602 (215 N. Dawson - 27602) (919) 715-4000, Fax: (919) 733-9519 NORTH DAKOTA LEAGUE OF CITIES Connie Sprynczynatyk P.O. Box 2235 Bismarck, North Dakota 58502 (1710 Burnt Boat Drive - 58501) (701) 223-3518, Fax: (701) 223-5174 OHIO MUNICIPAL LEAGUE Susan 1. Cave 175 South Third Street Suite 510 Columbus, Ohio 43215 (614) 221-4349, Fax: (614) 221-4390 OKLAHOMA MUNICIPAL LEAGUE William A. Moyer 201 North East 23rd Street Oklahoma City, Oklahoma 73105 (405) 528-7515, Fax: (405) 528-7560 LEAGUE OF OREGON CITIES Richard C . Townsend P.O. Box 928 Salem, Oregon 97308 (1201 Court Street, N.E. - 97301) (503) 588-6550, Fax: (503) 399-4863 PENNSYL VANIA LEAGUE OF CITIES AND MUNICIPALITIES John A. Garner, Jr. 414 North Second Street Harrisburg, Pennsylvania 17101 (717) 236-9469, Fax: (717) 236-6716 ~ National League ofCiti., _")I')WCEIVED SEP 1 Q "Q98 STATE MUNICIPAL LEAGUE EXECUTIVE DI ECTORS I" CITY SECRETARY'S OFFiCE e I August, 1998 RHODE ISLAND LEAGUE OF CITIES AND TOWNS Daniel Beardsley I State Street, Suite 502 Providence, Rhode Island 02908 (401) 272-3434, Fax: (401) 421-0824 MUNICIPAL ASSOCIATION OF SOUTH CAROLINA Howard Duvall P.O. Box 12109 Columbia, South Carolina 29211 (1529 Washington Street - 29211) (803) 799-9574, Fax: (803) 933-1299 VERMONT LEAGUE OF CITIES AND TOWNS Steven E. Jeffrey 89 Main Street, Suite 4 Montpelier, Vermont 05602-2948 (802) 229-9111, Fax: (802) 229-2211 VIRGINIA MUNICIPAL LEAGUE R. Michael Amyx P.O. Box 12164 Richmond, Virginia 23241 (13 East Franklin Street - 23219) (804) 649-8471, Fa."{: (804) 343-3758 30UTH DAKOTA MUNICIPAL LEAGUE Yvonne Vik 214 East Capitol Pierre, South Dakota 57501 (605) 224-8654, Fax: (605) 224-8655 ASSOCIATION OF WASHINGTON CITIES Stan Finkelstein 1076 South Franklin Street, SE Olympia, Washington 98501-1346 (360) 753-4137, Fax: (360) 753-4896 WEST VIRGINIA MUNICIPAL LEAGUE Lisa Dooley 2020 Kanawha Blvd. East Charleston, West Virginia 25311 (304) 342-5564, Fax: (304) 342-5586 TENNESSEE MUNICIPAL LEAGUE Executive Director (Vacant) 226 Capitol Blvd., Room 710 Nashville, Tennessee 37219-1894 (615) 255-6416, Fax: (615) 255-4752 LEAGUE OF WISCONSIN MUNICIPALITIES Dan Thompson 202 State Street - Suite 300 Madison, Wisconsin 53703-2215 (608) 267-2380, Fax: (608) 267-0645 WYOMING ASSOCIATION OF MUNICIPALITIES George Parks P.O. Box 3110 Cheyenne, Wyorrring 82003-3110 (200 East 8th Avenue - 82001) (307) 632-0398, Fax: (307) 632-1942 TEXAS MUNICIPAL LEAGUE Frank Sturzl 1821 Rutherford Lane, Suite 400 Austin, Texas 78754-5128 (512) 719-6300, Fax: (512) 719-6390 UTAH LEAGUE OF CITIES AND TOWNS Kenneth Bullock 50 South 600 East, #150 Salt Lake City, Utah 84102 (801) 328-1601, Fax: (801) 531-1872 For additional information, contact the Center for Member Programs, National League o/Cities, (202) 626-3018. · · ~rr)1~'t7 STATE MUNICIPAL LEAGUE EXECUTIVE DIRECTORS ~ National League of Cities August, 1998 ALABAMA LEAGUE OF MUNICIPALITIES Perry Roquemore P.O. Box 1270 Montgomery, Alabama 36102 (535 Adams Avenue - 36104) (334) 262-2566, Fax: (334) 263-0200 ALASKA MUNICIPAL LEAGUE Kevin C. Ritchie Executive Director 217 Second Street, Suite 200 Juneau,AJaska 99801 (907) 586-1325, Fax: (907) 463-5480 LEAGUE OF ARIZONA CITIES AND TOWNS Catherine F. Connolly 1820 West Washington Street Phoenix, Arizona 85007 (602) 258-5786, Fax: (602) 253-3874 ARKANSAS MUNICIPAL LEAGUE Don Zimmerman P.O. Box 38 NordI Little Rock, Arkansas 72115 (301 W. 2nd Street - 72115) (501) 374-3484, Fax: (501) 374-0541 LEAGUE OF CALIFORNIA CITIES Don Benninghoven 1400 K Street, 4th Floor Sacramento, California 95814 (916) 658-8200, Fax: (916) 658-8240 COLORADO MUNICIPAL LEAGUE Kenneth G. Bueche 1660 Lincoln, Suite 2100 Denver, Col!Jrado 80264 (303) 831-6411, Fax: (303) 860-8175 CONNECTICUT CONFERENCE OF MUNICIPALITIES Joel Cogen 900 Chapel Street, 9th Floor New Haven, Connecticut 06510-2807 (203) 498-3000, Fa.x: (203) 562-6314 DELAWARE LEAGUE OF LOCAL GOVERNMENTS George C. Wright P.O. Box 484 Dover, Delaware 19903-0484 (134 East Water Street - 19903-0484) (302) 678-0991, Fax: (302) 678-4777 FLORIDA LEAGUE OF CITIES Michael Sittig P.O. Box 1757 Tallahassee, Florida 32302 (301 South Bronough, Suite 300 - 32301) (850) 222-9684, Fax: (850) 222-3806 GEORGIA MUNICIPAL ASSOCIATION James A. Calvin 201 Pryor Street, S.W. Atlanta, Georgia 30303 (404) 688-0472, Fax: (404) 577-6663 ASSOCIA TION OF IDAHO CITIES Ken Harward 3314 Grace Street Boise, Idaho 83703 (208) 344-8594, Fax: (208) 344-8677 ILLINOIS MUNICIPAL LEAGUE Ken AJderson P.O. Box 5180 Springfield, Illinois 62705-5180 (500 E. Capitol Avenue - 62701) (217) 525-1220, Fax: (217) 525-7438 e e ("\."( jl ,.:.> \..0 \:::::V U !_ . INDIANA ASSOCIATION OF CITIES AND TOWNS Michael 1. Quinn 150 West Market Street, Suite 728 Indianapolis, Indiana 46204-2882 (317) 237-6200, Fax: (317) 237-6206 IOWA LEAGUE OF CITIES Thomas G. Bredeweg 317 Sixth Avenue, Suite 1400 Des Moines, Iowa 50309-4122 (515) 244-7282, Fax: (515) 244-0740 MASSACHUSETTS MUNICIPAL ASSOCIATION Geoffrey Beckwith 60 Temple Place, Second Floor Boston, Massachusetts 02111 (617) 426-7272, Fax: (617) 695-1314 LEAGUE OF KANSAS MUNICIPALITIES Christopher K. McKenzie 300 S.W. 811\ Street Topeka, Kansas 66603-3912 (785) 354-9565, Fax: (785) 354-4186 KENTUCKY LEAGUE OF CITIES Sylvia L. Lovely 101 East Vine Street, Suite 600 Lexington, Kentucky 40507-3700 (606) 323-3700, Fax: (606) 323-3703 MICHIGAN MUNICIPAL LEAGUE George D. Goodman P.O. Box 1487 Ann Arbor, Michigan 48106 (1675 Green Road - 48106-1487) (734) 662-3246, Fax: (734) 662-8083 LEAGUE OF MINNESOTA CITIES James F. Miller 145 University Avenue, West St. Paul, Minnesota 55103-2044 (651) 281-1200, Fax: (651) 281-1299 LOUISIANA MUNICIPAL ASSOCIATION L. Gordon King P.O. Box 4327 Baton Rouge, Louisiana 70821 (700 North 1011\ Street - 70802) (504) 344-5001, Fax: (504) 344-3057 MISSISSIPPI MUNICIPAL ASSOCIATION Jeanie E. Smith 600 East Amite Street, Suite 104 Jackson, Mississippi 39201 (601) 353-5854, Fax: (601) 353-0435 MISSOURI MUNICIPAL LEAGUE Gary Markenson 1727 Southridge Drive Jefferson City, Missouri 65109 (573) 635-9134, Fax: (573) 635-9009 MONTANA LEAGUE OF CITIES AND TOWNS Alec Hansen P.O. Box 1704 Helena, Montana 59624 (208 North Montana - Capital I Center - 59601) (406) 442-8768, Fax: (406) 442-9231 MAINE MUNICIPAL ASSOCIATION Christopher G. Lockwood 60 Conununity Drive Augusta, Maine 04330 (207) 623-8428, Fax: (207) 626-5947 MARYLAND MUNICIPAL LEAGUE Scott A. Hancock 1212 West Street Annapolis, Maryland 21401 (410) 268-5514, Fax: (410) 268-7004 e e ,'/ -~\ (_.\,,, f'-~-;'\\\/7 I ,. J ' LEAGUE OF NEBRASKA MUNICIPALITIES Lynn Rex 1335 L. Street Lincoln, Nebraska 68508 (402) 476-2829, Fax: (402) 476-7052 NEVADA LEAGUE OF CITIES & MUNICIPALITIES Thomas J. Grady P.O. Box 2307 Carson City, Nevada 89702-2307 (206 N. Carson - 89701) (702) 882-2121, Fax: (702) 882-2813 NEW HAMPSHIRE MUNICIPAL ASSOCIATION John B. Andrews P.O. Box 617 Concord, New Hampshire 03302-0617 (25 Triangle Park Drive - 03301) (603) 224-7447, Fax: (603) 226-2988 NEW JERSEY STATE LEAGUE OF MUNICIPALITIES William G. Dressel, Jr. 407 West State Street Trenton, New Jersey 08618 (609) 695-3481, Fa.x: (609) 695-0151 NEW MEXICO MUNICIPAL LEAGUE William F. Fulginiti P.O. Box 846 Santa Fe, New Mexico 87504 (1229 Paseo de Peralta - 87501) (505) 982-5573, Fa.x: (505) 984-1392 NEW YORK STATE CONFERENCE OF MAYORS AND MUNICIPAL OFFICIALS Edward C. Farrell 119 Washington Avenue Albany, New York 12210 (518) 463-1185, Fa.x: (518) 463-1190 NORTH CAROLINA LEAGUE OF MUNICIPALITIES S. Ellis Hankins P.O. Box 3069 Raleigh, North Carolina 27602 (215 N. Dawson - 27602) (919) 715-4000, Fax: (919) 733-9519 NORTH DAKOTA LEAGUE OF CITIES Connie Sprynczynatyk P.O. Box 2235 Bismarck, North Dakota 58502 (1710 Burnt Boat Drive - 58501) (701) 223-3518, Fax: (701) 223-5174 OHIO MUNICIPAL LEAGUE Susan J. Cave 175 South Third Street Suite 510 Columbus, Ohio 43215 (614) 221-4349, Fax: (614) 221-4390 OKLAHOMA MUNICIPAL LEAGUE William A. Moyer 20 I North East 23rd Street Oklahoma City, Oklahoma 73105 (405) 528-7515, Fax: (405) 528-7560 LEAGUE OF OREGON CITIES Richard C. Townsend P.O. Box 928 Salem, Oregon 97308 (1201 Court Street, N.E. - 97301) (503) 588-6550, Fa.x: (503) 399-4863 PENNSYLVANIA LEAGUE OF CITIES AND MUNICIPALITIES John A. Gamer, Jr. 414 North Second Street Harrisburg, Pennsylvania 17101 (717) 236-9469, Fax: (717) 236-6716 ~ National League or Cities r_ 0 1~~,9EIVED 'V7 )Lr- L: SEP 1 0 lQ98 STATE MUNICIPAL LEAGUE EXECUTIVE DI ECTORS ... CITY SECRETARY'S OFFICE e August, 1998 RHODE ISLAND LEAGUE OF CITIES AND TOWNS Daniel Beardsley 1 State Street, Suite 502 Providence, Rhode Island 02908 (401) 272-3434, Fax: (401) 421-0824 MUNICIPAL ASSOCIATION OF SOUTH CAROLINA Howard Duvall P.O. Box 12109 Columbia, South Carolina 29211 (1529 Washington Street - 29211) (803) 799-9574, Fax: (803) 933-1299 VERMONT LEAGUE OF CITIES AND TOWNS Steven E. Jeffrey 89 Main Street, Suite 4 Montpelier, Vennont 05602-2948 (802) 229-9111, Fa.x: (802) 229-2211 VIRGINIA MUNICIPAL LEAGUE R. Michael Amyx P.O. Box 12164 Richmond, Virginia 23241 (13 East Franklin Street - 23219) (804) 649-8471, Fax: (804) 343-3758 SOUTH DAKOTA MUNICIPAL LEAGUE Yvonne Vik 214 East Capitol Pierre, South Dakota 57501 (605) 224-8654, Fax: (605) 224-8655 ASSOCIATION OF WASHINGTON CITIES Stan Finkelstein 1076 South Franklin Street, SE Olympia, Washington 98501-1346 (360) 753-4137, Fax: (360) 753-4896 TENNESSEE MUNICIPAL LEAGUE Executive Director (Vacant) 226 Capitol Blvd., Room 710 Nashville, Tennessee 37219-1894 (615) 255-6416, Fax: (615) 255-4752 WEST VIRGINIA MUNICIPAL LEAGUE Lisa Dooley 2020 Kanawha Blvd. East Charleston, West Virginia 25311 (304) 342-5564, Fax: (304) 342-5586 TEXAS MUNICIPAL LEAGUE Frank Sturzl 1821 Rutherford Lane, Suite 400 Austin, Texas 78754-5128 (512) 719-6300, Fax: (512) 719-6390 UTAH LEAGUE OF CITIES AND TOWNS Kenneth Bullock 50 South 600 East, #150 Salt Lake City, Utah 84102 (801) 328-1601, Fax: (801) 531-1872 LEAGUE OF WISCONSIN MUNICIPALITIES Dan Thompson 202 State Street - Suite 300 Madison, Wisconsin 53703-2215 (608) 267-2380, Fax: (608) 267-0645 WYOMING ASSOCIATION OF MUNICIPALITIES George Parks P.O. Box 3110 Cheyenne, Wyonring 82003-3110 (200 East 8th Avenue - 82001) (307) 632-0398, Fax: (307) 632-1942 For additional information, contact the Center for Member Programs, National League of Cities, (202) 626-3018. tit e 1998 CONGRESS OF CITIES - KANSAS CITY, MISSOURI To: Chair. Credentials Committee National League of Cities 1301 Pennsylvania Avenue. N.W. Washington, D.C. 20004 ;' \ / \ ../ \ "1I11III__' '0 The official voting delegate and alternates for the City of La Portp- are: No. of Votes ..11IRCI_lILr ......... - .........- .....# "__lILr nnaau_1I - VOTING DELEGATE 1. n",n1- i "" G::oy NAME T,a Portp- CITY rnnn,..i 1 r",,..,,,,nn ni ",,1-,..;,..1- 4 TITLE Texas STATE ..I__IILY ......... - ........- ....11# 111I11III_.' ......... - ........- ....11# ALTERNATE VOTING DELEGATES 2. Jerry Clarke NAME 3. TITLE NAME TITLE CITY ST~E di t member city II enti ed to ~te ~~EL8 delegat.... The number 0='" ~l?: ~cut;. based on the city's poplllltion as delel1nined in the 1990 Census. 1. PLEASE DO NOT ALL IN SHADED AREA. THIS IS FOR NLC OFFICE USE ONLY. 2. Please type or print yollr city MIlle In the 'plce provided. 3. Please type or print the n....e, tide, city, and .lale of vollng delegate and altemateCll. 4. Please sign the ~ form and retwn to CIWr, Credential. Coaunittee; .end the J!Idl!l copy to yoIU Slale Lell"e Director. and keep M!JIIl copy for yoIU record. \'. .- .1)\\/7 .j/:J U > c.. o (J a: ::J o > It e e e TROPICAL STORM FRANCES Seotember 10 - 11 24-hour period inches of rain 10 to 11 Seotember 11-12 24-hour period inches of rain Total 2.5 to 3 12.5 to 14 Seotember 11 . Tornado touches down @ approximately 4:30 am . Damage to homes, trees and commercial businesses no reported injuries . Show direction taken on map Hi2h Tides . running 4 to 6 feet higher than normal Street Floodin2 . Much street flooding throughout the City of La Porte . Severe flooding in Lomax area when 3 :OOam tide came in . Some homes may have had water in them City Facilities Dama2e . Sylvan Beach Fishing Pier - damage to T -head . Sylvan Beach Pavilion - lost glass window City Personnel . Over 90% of City employees were able to return to work. . Employees arrived early and stayed late. . Some employees even canceled their vacations to stay and help out the City, which should be viewed as an unselfish gesture. Administrative Policv Decisions . Waive permit fees associated with storm damage to residentiaVcommercial properties . Waive trash/debris cleanup limits . Authorize use of overtime and going to 10-hour days within Public Works Department as Ell .. _ al - - - - - - .. i w - lIII -- iii iii .: GI .. at 411 fIi - - - - 0 INSET OF -L - STREET ... DAMAGE z ::::I . [ e . . . I .:JL. l - ...,.. ......... DAMAGE ASSESSMENT TRDPICAL STDRM FRANCIS. SEPTEMBER 11.1998 e MEETING HANDOUTS e e e 9-26-98 Notes for Bill Scott's 9-28-98 Background: a.The City's Comprehensive Plan that was developed in 1984, shows Farrington Blvd. connecting Fairmont Parkway to Hwy 225. b. In 1994, City Planning Director Charles Harrington wrote a resident, stating that: 1. Phase 1 would connect Farrington Blvd. to Lomax School Road. 2. Phase 2 would connect "P" Street to Hwy 225 at some time probably after 2001 3. Phase 3 would make the entire project 4 lanes in app. 2004 to 2009. c. On Aug. 25, 1998 the City's current Planning Director referred to this project as a "Highway" when comparing it to Underwood Road. d. On Sept. 14,1998 the City approved $321,000 in It's General Budget to build Phase 1 of the "Highway". However Council Members have said that they do not hold up approval of the General Budget for anyone item...But any item may be removed later by simply not funding it. Phase 1 construction can still be easily stopped by the City. page 1 of 4 5 minute presentation to City Council 2. I and many others in our group have talked with several of the City Council Members about the proposed Highway through our neighborhoods and three facts have become very evident: The start of the Phase 1 road was proposed and budgeted with: a. Little or no thought given to this roads' serious current negative impact on a large number of taxpayers. b. Little or no input from negatively affected taxpayers. c. Little or no current needs/impact analysis. 3. Now that Council Members are aware of the Strong objection to this Phase 1 road by a very large number of taxpayers; I think it is time to get on with listening to the taxpayers and to quite aggravating a decision that in hind sight was a mistake. This Phase 1 road is still being justified by using broad general cliches, notional ideas, and unstudied, unverified information. This type of thinking caused the mistake and it certainly will not correct it. Council Members are still attempting to ignore the serious negative effects this Phase 1 road will have on a large number of taxpayers in 3 large subdivisions. I have talked at length with 4 Council Members and a Planning and Zoning Rep. They did not mention one word about how this Highway will greatly decrease our hard earned property values, decrease our standard of living, disrupt our existing neighborhood lifestyles, AND Endanger our Children and our selves. Instead, they mentioned: 1. The school system wants it for a shorter bus route. 2. Emergency vehicles need a shorter route. 3. I'm concerned about EMS response time. 4. We need it for emergency evacuation. 5. We need to "open up" Lomax. 6. The road will make travel more convenient for me. 7. We can't stop progress. e e page 2 of 4 8. We can't put the needs of30 homeowners above the needs of 32,000 other citizens. Some of these may sound good on the surface, but let's take a closer look. I'd like to address each one of these in the order listed and use specifics instead of general cliches, notional ideas, and fuzzy concepts that are not backed up by factual input. l.(Bus Route) I contacted the La Porte I.S.D. Superintendent and the Transportation Director. Neither one knew the Phase 1 road was starting. They had informally mentioned wanting the road to the City Administration about 3 years ago. Now that they are aware of the road, They want it to bus students from North of Meadow Place Dr. in Glen Meadows to Lomax Elementary School because of overcrowding at their home school of Rizzuto. Response. The logical, cost effective answer to this problem is to put our tax money in to a permanent fix by adding more class rooms at Rizzuto or another school and not waste it on a temporary band aid fix for the school system that will have a permanent serious negative effect on over 500 people in established neighborhoods. 2. (Emergency Vehicle Route) Fire Chief Joe Sease wants the Phase 1 road so the #2 Spencer Fire Station can respond to the center of Lomax more quickly and the Lomax #3 Fire Station can respond directly South more quickly. His overall plan includes building a new Fire Station probably at "P" Street and Sens Rd. for 3 reasons. a. The current #3 Lomax Fire Station is structurally unsound because of termite damage b. The dangers of Fire Trucks existing and traveling so close to the softball fields and Rodeo Arena. I think this is a logical concern with evidence to back it up. c. Possible expansion of coverage to the North and East. Response to: a. The structural condition of #3 station and possible repair have not been professionally or accurately studied. The assumed structural condition is based on some people seeing "large" amounts of termite damage when interior wall coverings were replaced some years ago. b. The softball fields will be moved to Little Cedar Bayou Park and that area will become Rodeo Arena parking. I think this will eliminate the great majority of concern about mixing Fire Trucks with children and with Rodeo Arena traffic. c. I think areas to the North and South will expand in unforeseen ways, IF the Bayport Ship Terminal is constructed. But that is far in the future and may not even happen. At the present, and based on population density, the #3 Fire Station is very centrally located for it's coverage area of Lomax. Mr. Sease thinks a new fire station will cost app. 5500,000. I think a new $50,000 steel building, at 1/10 tenth cost, at the current location will be more cost effective...IF it is proven the current station is unsound and can not be repaired. e e Page 3 of 4 I think when we tell voters all the facts, there won't be a $500,000 urban artwork Fire Station in Lomax. I think wasted taxpayers money is wasted taxpayers money. It doesn't matter which area of the City benefits from the waste. ..And as in all the other excuses used to build the Phase 1 road, there has been NO detailed needs/impact study to justify any of item #2. 3. (EMS Route) EMS services for the West side of the city are located just East of Sens Road at Spencer. Every possible Scenario I can think of on this item shows that the Phase 1 road is not needed. Again, a detailed needs/impact study has not been done on this item. 4. (Emergency Evacuation) Underwood Rd. is now 5 lanes. The new 4 lane East Blvd. is just 1/2 mile West of Underwood Rd. Hwy 146 is being extensively expanded. Bay Area Blvd. will tie into Sens Rd. Sens Rd. becoming 4 lanes is under discussion with the County. All of this tells me that in an emergency evacuation the Obvious traffic jam will occur in and around Houston, not on Farrington Blvd. Again, there has been No needs/impact study to justify this. Only notional thinking. 5. (Open up Lomax) I have driven through out most ofthe Subdivisions in recent weeks. They are a maze of dead ends and tees. I've become lost more times than I can count. These sub divisions were intentionally designed this way to eliminate through traffic that doesn't belong there. Yet the Council Member making this statement thinks it is OK to "open up" Lomax and dump through traffic into 3 large subdivisions and run rush hour traffic through 2 elementary school zones and 3 park areas. This isn't just poor planning with No needslimpact study. This is gross negligence. 6. (Convenient Travel) As stated in item 5. Subdivisions are designed to eliminate through traffic and convenience through traffic travel. Lomax, Glen Meadows, and Faremont Park taxpayers have the same right as other taxpayers to keep our existing street structure to eliminate through traffic and maintain our property values and neighborhood environment. This basic American right has been upheld in numerous court cases. One persons desire for a convenience does not justify another persons loss of property value and/or existing neighborhood environment. 7.(We Can't Stop Progress) This worn out cliche has been used many times to financially benefit a select few at the cost of the existing general good of the many. I think it's use as a justification for the Phase 1 road points out that the City has attempted to push this road through with no input from the taxpayers affected by it. 527+ taxpayers think the Phase 1 road will greatly reduce our property values, greatly lower our existing neighborhood environments, and seriously jeopardize the safety of our children and ourselves due to increased through traffic. 8. (We can't put the needs of 30 people above the needs of 32,000 people) This statement was used as part of the need for the Phase 1 road for emergency evacuation(item 4). . e Page 4 of 4 It's not the needs 000. It is the needs of the 527+ voters who have signed a Petition asking the City Council to Not fund Phase 1 of this "highway" through our neighborhoods...and to even propose that 32,000 La Porte citizens will use Farrington Blvd for emergency evacuation is illogical and irresponsible. I believe that if all directly affected taxpayers wanting to sign the Petition could be reached; the number of signatures would easily grow from the current 527 to exceed 1500. BY COMP ARlSON, THERE WERE ONLY 997 VOTERS IN THE LAST GENERAL ELECTION. I think if all La Porte taxpayers knew the City was wasting app. $1,000,000 of their tax money on local combined projects that are strongly opposed by the local folks These projects are supposed to benefit; a large wheel barrow wouldn't be able to carry all the signatures... and of course We will do that through the newspapers if necessary. As one of the 16 Coordinators for our taxpayers group, I think this is where our group stands: 1. We will actively seek the removal of elected and appointed representatives and of bureaucrats who defend this Phase 1 road or try to straddle the fence in order to avoid the "heat". 2. We will present our Petition to City Council during the Oct. 12 City Council meeting. 3. If this Petition is ignored we will repetition the same taxpayers to force an initiative for a city ordinance to permanently ban this type of assault on our neighborhoods... and with our Petition signatures exceeding 1/2 the number of voters in the last general election, We legally can and will do it. Many thanks from all the taxpayers involved to all the taxpayers who have signed the petition, attended City Council meetings, spoke before Council, circulated the Petition and letters and have basically made our system of government work. Important dates: Oct. 6- 6:00-9:30 PM -We meet at Farrington Blvd Rec. Center (near the water tower) for discussion and info sharing. Our consultant Barry Klein will lead some discussion and answer questions. Mr. Klein is currently also working with taxpayers to stop the Bayport Shipping expansion project and has worked with taxpayers to stop Harris County rail transit, Houston Zoning, etc.etc.. Oct.12- Present the Petition to Council at their bi-monthly meeting. Oct. 27- 7:00 PM- Sylvan Beach Conference Center( Pavilion)- VERY IMPORTANT- Open Public Meeting to start the Review of the Comprehensive Plan. If we eliminate this "Highway" from the plan, we eliminate it period. Please attend and get on the committees and voice your facts and opinions. Contacts: Kay & Bill Scott (H) 281-470-6685, Jim Adams (H) 281-470-2378 Wayne Knox (W) 281-471-5751 . " .. '. ". What's on your mind? The Houston-Galveston Area Council (H-GAC) wants to hear what you have to say about the type of transportation future you want for the Houston area. We are holding workshops throughout the region to identify needs and to discuss issues that need to be addressed in an update to the region's current Metropolitan Transportation Plan (MTP). The area covered by the MTP is shown below. The purpose of the MTP is to: * Identify long-range transportation needs * Prioritize and fund prograrns & projects * Provide a forurn for regional problem solving We have begun the process of updating the current MTP, called "Vision 2020". The first phase of the update is to review the current plan and determine what should be addressed in the update. To do this, we need your help! At the workshops we will discuss what the current plan has to say about transportation needs in the region and how they were met. We will also discuss whether there are other unmet needs or approaches to meeting the region's requirements into the 21 st century. . Want to get involved? Then attend one of the following workshops: City of Houston, Harris County, And Waller County H-GAC Offices 3555 Timmons, Room 2A VVednesday,October14,1998 5:30 p.m. Galveston County Rosenberg Library - VVortham Auditorium 2310 Sealy Avenue Monday, October 19 7:00 p.m. Liberty County, Chambers County, and East Harris County Baytown Community Center Brazoria County Brazoria County Library - Angleton Branch 401 E. Cedar Tuesday, October.27 7:00 p.m. Montgomery County Montgomery County Library - Conroe Branch 104 1-45 North VVednesday, November 4 7:00 p.m. Fort Bend County Fort Bend County Library - First Colony Branch 2121 Austin Parkway Thursday, November 5,1998 7:00 p.m. Remember... We can address your transportation needs or issues only if you tell us about them. After all, it's your future... the choice is yours! Eor more information contact Mario Oropeza or Ch'rese Jackson at (713) 627-3200 t' " In compliance with the Americans with Disabilities Act, H-GAC will provide for reasonable accommodation fOt persons attending H-GAC functions. Requests should be received by H-GAC 24 hours prior to the function.