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HomeMy WebLinkAbout1999-05-17 Special Called Meeting and Workshop Meeting0 • MINUTES OF THE SPECIAL CALLED MEETING AND WORKSHOP MEETING OF LA PORTE CITY COUNCIL MAY 17, 1999 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Howard Ebow, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke, and Mayor Malone. Members of Council Absent: None Members of City Executive Staff and City Employees Present: City Manager Robert T. Herrera, City Attorney John Armstrong, Assistant City Manger John Joerns, Assistant City Manager Jeff Litchfield, Assistant City Secretary Janis Goulder, Director of Administrative Services Louis Rigby, Director of Planning Doug Kneupper, Auxiliary Services Lieutenant Carl Crisp, Assistant Finance Director Cynthia Alexander, Administrative Assistant Carol Buttler, EMS Chief Chris Osten, Paramedic Supervisor Ray Nolen, Paramedic Lisa Camp, Paramedic Robyn Gallion, Paramedic Tony Thuem, Paramedic Andrew Chalk, Fire Suppression Supervisor Champ Dunham. Others Present: Spero Pomonis, Suzan Rector, Mike Mosteit, David Webb, David Hawes, Decker McKim, Chester Pool, Carlton Porter, Collene Hicks, Carrington Weems. 2. Mayor Norman Malone delivered the Invocation. 3. Council considered approving the minutes of the Special Called Meeting on May 4, 1999. Motion was made by Councilperson Engelken to approve the minutes of the Special Called Meeting on May 4. 1999 as presented. Second by Councilperson Griffiths. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None Abstain: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL Spero Pomonis - 218 Bay Colony, La Porte, Texas 77571. Mr. Pomonis voiced his displeasure with the Proposed Tax Increment Reinvestment Zone. City Council Meeting Minutes — May 17, 1999 — Page 2 5. Presentation of Proclamations A. Mayor Malone presented the Emergency Medical Services Proclamation to Chris Osten and several EMS staff members. B. Mayor Malone presented the National Safe Boating Proclamation to Suzan Rector. 6. Workshop was opened at 6:12 PM. The following items were discussed. A. Consider sale of city property block 177 (lots 13, 14, 15, and 16) located on Fairmont Parkway immediately south of water pump station on south 4 h Street — R. T. Herrera B. Review report from EMS Chief concerning a recommendation to join Caring for Children Foundation of Texas in helping to bring medical care by way of immunizations — C. Osten C. Discuss articles of incorporation and by laws proposed for La Porte Development Corporation — J. Litchfield D. Review Tax Increment Reinvestment Zone proposed guidelines and boundaries as recommended by council subcommittee followed by a review of the preliminary reinvestment financing plan — J. Joerns E. Discuss proposal from Metricom to use city right of ways for technology used to provide wireless internet services — J. Joems F. Discuss paving of Caniff Road — D. Kneupper The workshop was closed at 8:50 PM. The Special Called Meeting was reconvened at 8:51 PM. 7. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council of the following events: A. Early voting for the run-off election will be from May 12, 1999 through May 25, 1999. B. Election Day for the run-off election for District 6 will be on Saturday, May 29, 1999 in the Council Chambers at City Hall from 7:00 AM to 7:00 PM. C. Chamber of Commerce luncheon will be May 19, 1999 at 11:45 AM at the Houston Yacht Club. 0 • City Council Meeting Minutes — May 17, 1999 — Page 3 8. COUNCIL ACTION Councilpersons Sutherland Engelken, Ebow, Gay, and Mayor Malone brought items to Council's attention. 9. EXECUTIVE SESSION — PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) There were no items to be discussed in Executive Session. 10. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION Due to no Executive Session, there was no action taken. 11. ADJOURNMENT There being no further business to come before Council, the Special Called Meeting and Workshop Meeting was duly adjourned at 8:57 PM. Respectfully submitted, qani's..ul(der Assistant City Secretary Passed and approved on this 24th day of May 1999. N an L. Malone, Mayor �VJ 0 0 Monday, March 08. I Robert T. Herrera, City Lftwqior, CITY OF LA PORTE 604 W FAIRMONT PKwY LA PORTE. TX 77571 C A ASST. c1ir AAA, e PAA OFFICE RE-' OFFER TO PURCHASE CITY OF LA PORTE PROPERTY, BLOCK 177, LOTS 13,14, A AND 16 FOR $50,000-00 CASH Dow Robert: I am a commercial reed , sto In brolter, and represent Dr. Dflip P*teL We wait to pc the subject property and build a now medical btdkgng. Dr. Patel has been practicing medicine In La Parts forthe led Sum years MW this Will Improve the Image of the arras and help shield the Walter Plant from this Fairmont Parkway. Plies" Owe me a call so VM can disci the procedure to acquire this property. I have been SNMW by several NnPbYees, DOLVISS KrIsupper, P. E., MaWod Malik and Orion Sledl% all were friendly and helpful. of La Parts are receptive to Patelc"pol Cc' Dillp Patel, M. D. via fax FAX 28148643675 E4WAIL jetramonteCccim.net P. O. BOX 580501. HOUSTON, TX 772584M FAIRMONT City Of La Porte Established 1892 rL*XAg April 29, 1999 Mr. Jasper Tramonte 17300 El Camino Real, Suite 110 Houston, Texas 77058 Re: City of La Porte Property Dear Mr. Tramonte: Attached are the State's guidelines/restrictions for activities near well sites, as well as the steps that a City must follow to sell real property. I suggest that you and your client review the State's restrictions to insure they won't conflict with your client's intended use. If your client is still interested in obtaining the property, please request the City to consider sale of the property through a sealed bid process. At that time I will visit with City Council. Please advise if I can be of further assistance. Sin ly ohn Jo s, Assistant City Manager cc: Robert T. Herrera, City Manager -La Por.e. Texas KAY-06-99 THU 09:23 AM DEVON EXECUTIVE SUITES FAX H0, 713 486 8575 P.02 TRAMONTE COMMERCIAL BROKERAGE GALVESTON HOUSTON CORPORATE 4M744-7066 281488-8474 Wednesday. May 05. I999 VIA FAx MACHINE John Jowns. AssL City Manager CITY OF LA PORTE 604 W FAIRMONT PKWY LA PORTE. TX 77571 RE: LOTS 134 5. BLOCK 177 CITY OF LA PORTE PROPERTY pear Mr. JaerrtG: ........ _.... .......� ........ . _... ,.. _ . , .. .. _ . . Thank you for your Ieitsref Apd*29.1989 with the cdamatbll from the state of TCM: ^on,_ the must ibi;o l '' , ; , restrietiaro end the bid process City . We have read the domanentadon and do not see a pmbleM We wash to bid an the property. Our intended use Is to butld a rneercei clinic on the subject P mPwtY• VVe ask Chet the City of La Porte preside us with a letter agreeing to our use as a medw clinic, prior 10 bidding• Again 1 want to thank You and Mr. Hemaa for your help and assistance in this matter as well as other City stair that have assisted Pkese take this request to the City.Coundu. we are definitely mWested in aequmng the p uperty through a sealed bid process: Please call me d you have any 9uesdans or it I can beat assistance. 'A rely. ' SinoereN:' ; .. as "J.E" TramorfW CCIM Dilip Patel M. D. P dent Bidder .ET/aww j�,� ,ply c1wP05 1 1 5 ' lTQ - q'l P. O. Box NMI, HOUSTOR TX 77258-0501 • 1�1 City of La Porte Emergency Medical Service Interoffice Memo To: Robert Herrera, City Manager John Joems, Asst. City Manager From Chris Osten, EMS Chief CC: Joe Sease, Fire Chief Daw 05/11/99 Ra Care Van Program Immunizing children is the most direct, simple and least expensive way to build healthier futures and communities. Yet, according to the Texas Department of Health, one of every four children living in Texas is not properly immunized due to a lack of affordability and access to medical care. Therefore, Blue Cross and Blue Shield of Texas, Inc., a lead sponsor of the Caring for Children Foundation of Texas, Inc. in partnership with local immunization coalitions and public health care providers, has launched the Care Van Program in Texas. The purpose of the Care Van Program is to promote awareness of the need to immunize children with age appropriate vaccinations and provide direct access for Medicare eligible and uninsured children in Texas through specially equipped vans which visit community events, shopping centers, schools, recreational parks, etc. The nonproft Caring for Children Foundation of Texas is responsible for the purchase of the Cane Vans' Insurance, vehicle maintenance and gas. The immunizations are provided to us from the Harris County Health District at no cost. The La Porte EMS Paramedics recently attended a training program to enable us to offer these immunizations to the children in our community. We would like to launch this program on June 12th, Bay Day, and additionally on August 7m at the Kroger's Store in LaPorte. These dates will enable us to offer the immunizations before the 1999-2000 school year. Our contact at BCBS, Barbara Adamson, is very informative and helpful in assisting us with setting up this program. If you require any additional information Ms. Adamson can reached for a visit. Thank you for your time and consideration for this program. • • C City of La Porte Interoffice Memorandum To: Robert T. Herrera, City Manager From: Litchfield, Director of Finance/ACM 71 Date: May 7, 1999 Subject: Workshop Item on La Porte Development Corporation At the April 26, 1999 City Council Meeting, a Workshop was held to discuss a draft of the Articles of Incorporation and Bylaws of the City of La Porte Development Corporation. After review by Council, several changes were suggested. Attached are the reviewed drafts of those documents. Since the changes were minor, I elected to present them in memorandum rather than redline format. The only change to the Articles of Incorporation was to add the words "City Secretary" after Martha's name in Article VII, which discusses the name of the initial registered agent. The changes to the Bylaws were: In section 3.02, "October 1" was added in the blank area that related to when the Board of Directors shall appoint a President and Vice -President. This date coincides with their fiscal year. 2. In Section 3.04, "March" was added in the blank area that related to when the Board of Directors shall hold their annual meeting. This date was selected to allow adequate time for the Annual Financial Audit to be conducted. 3. In Section 3.16, regarding Attendance, there was questions regarding what comprised an unexcused absence. In lieu of trying to write a legal definition, I plagiarized off of our Boards and Commission Handbook. The following wording was removed: Three (3) consecutive unexcused absences from meetings of the Board shall cause the position to be considered vacant. Four (4) unexcused absences in a twelve (12) month period shall also cause the position to be considered vacant. The following wording was added: Members who miss more than twenty-five (25%) of called meetings, except for medical reasons, shall be subject to removal by City Council. 4. In Section 4.01, for both the City Secretary and Director of Finance positions, the wording "or their designee" was added. Also, the reference that these officers may also serve as voting Directors was removed. 5. In Section 9.04, regarding the Seal, the word "may" was changed to "shall', thereby requiring the Corporation to have a seal. If these changes are agreeable, the next step is for the Council to consider the members that need to be appointed to the Board. In order to assist this step of the process, I suggest you hold an executive session on May 2Wh and plan to consider adoption of the Articles of Incorporation and Bylaws at the June 14'h meeting. 0 • ARTICLES OF INCORPORATION OF THE CITY OF LA PORTE DEVELOPMENT CORPORATION We, the undersigned natural persons, each of whom is of the age of eighteen (18) years or more, and a qualified elector of the City of La Porte (the "Unit"), acting as the incorporators of a corporation under the Development Corporation Act of 1979, Article 5190.6, Section 4B, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"), do hereby adopt the following Articles of Incorporation for such corporation: ARTICLE I The name of the corporation is "CITY OF LA PORTE DEVELOPMENT CORPORATION". ARTICLE II The corporation is a nonprofit corporation. ARTICLE III The duration of the corporation shall be perpetual. ARTICLE IV The corporation is organized under, and shall be governed by, the Development Corporation Act of 1979, Article 5190.6, Section 4B, Vernons Annotated Texas Civil Statutes, as amended (the "Act"), and may issue bonds on behalf of the Unit for the specific public purpose to undertake projects as described in Section 4B of Article 5190.6, including but not limited to projects for the promotion of amateur athletics and sports including ball parks, auditoriums, projects related to entertainment, convention, tourist, and exhibition facilities, amphitheaters, concert halls, and public parks, park facilities and events, open space improvements, learning centers, municipal buildings, museums and related stores, restaurant, concession, and automobile parking facilities, related area transportation facilities, and related roads, streets, and water and sewer facilities, recycling facilities and projects to promote new or expanded business enterprises including public safety facilities, streets and roads, drainage, and related improvements, demolition of existing structures, and general improvements that are municipally owned, development and expansion of affordable housing, as well as any other improvements or facilities that are related to any of the above projects and any other project that the board determines will promote new or expanded business enterprises, and the maintenance and operations expenses for any of the above described projects. ARTICLE V The corporation has no members and is a nonstock corporation. 0 0 ARTICLE VI The corporation's internal affairs shall be regulated by a set of bylaws, not inconsistent with the laws of the State, which have been approved by the City Council of the Unit (the "Governing Body"), under whose auspices the corporation is created. ARTICLE VII The street address of the initial registered office of the corporation is 604 West Fairmont Parkway, La Porte, Harris County, Texas 77571, and the name of its initial registered agent at such address is Martha A. Gillett, City Secretary. The mailing address of the initial registered office of the corporation is P.O. Box 1115, La Porte, Texas 77572-1115. ARTICLE VIII The number of directors constituting the initial Board of Directors of the corporation is 7, and the names and addresses of the persons who are to serve as directors are: ARTICLE IX The name and street address of each incorporator are: ARTICLE % The Governing Body of the Unit has specifically authorized by Resolution the corporation to act on its behalf to further the specific public purpose as set forth in Article IV of these Articles of Incorporation, and has approved these Articles of Incorporation of the corporation. ARTICLE RI These Articles of Incorporation may at any time and from time to time be amended by the Board of Directors or by the Governing Body, subject to such restrictions and in accordance with such procedures as may be provided in the Bylaws of the corporation; so long as the Articles of Incorporation as amended contain only such provisions as are lawful under the Act. IN WITNESS WHEREOF, we have hereunto set our hands, this day of , 1999. Name: Name: Name: BYLAWS OF THE CITY OF LA PORTE DEVELOPMENT CORPORATION These bylaws govern the affairs of the CITY OF LA PORTE DEVELOPMENT CORPORATION (the "Corporation") a nonprofit corporation organized under Article 5190.6, Section 4B, Vernon's Annotated Texas Civil Statutes, as amended (the 'Act'). ARTICLE I PURPOSES General Purposes 1.01. The Corporation acts on behalf of the City of La Porte, Texas in furtherance of the public purposes of the Act and may engage in any project authorized under Section 2(10) or Section 413 of the Act. Powers 1.02. The Corporation has all the powers both express and implied, granted to corporations governed by Section 413 of the Act and by the Texas Non-profit Corporation Act. ARTICLE II OFFICES Principal Office 2.01. The principal office of the Corporation in the State of Texas is located at 604 West Fairmont Parkway in La Porte; Harris County; Texas. The Corporation may provide for additional offices or change the location of any office. Registered Office and Agent 2.02. The Corporation shall comply with the requirements of the Act and maintain a registered office and registered agent in Texas. The registered office may, but need not, be identical with the Corporation's principal office in Texas. The Corporation may change the registered office and the registered agent as provided in the Act. 1 • ARTICLE III BOARD OF DIRECTORS Management of the Corporation 3.01. The affairs of the Corporation shall be managed by the Board of Directors. Number, Qualifications and Tenure of Directors 3.02. The Board of Directors shall consist of seven members appointed by the City Council of the City of La Porte, Texas, for staggered two year terms of office. Not less than three (3) directors shall be persons who are not employees, officers or members of the governing body of the City of La Porte, Texas. Each director must reside within the City of La Porte, Texas. The Board of Directors shall appoint a President and Vice -President by October 1 of each year. The President shall be the presiding officer for meetings and the Vice -President shall act in the President's absence. Vacancies 3.03. A vacancy occurring upon the Board of Directors shall be filled for the unexpired term by appointment by the City Council of the City of La Porte, Texas. Annual Meeting 3.04. The annual meeting of the Board of Directors shall be held during the month of March of each year. The Board of Directors shall designate the time and location of the annual meeting. Regular Meetings 3.05. The Board of Directors may provide for regular meetings by resolution stating the time and place of such meetings. The meeting shall be held within the City of La Porte, Texas, at a location designated by the Board of Directors. Special Meetings 3.06. Special meetings of the Board of Directors may be held at the request of the President or any three Directors. A person or persons calling the meeting shall fix the time and location of the meeting. The person or persons calling a special meeting shall notify the secretary of the Corporation of the information required to be included in the notice of the meeting. In addition to the posting of a meeting notice in accordance with these bylaws, a copy of each such meeting notice shall be delivered to each director not less than seventy-two hours before the time of the meeting. A meeting notice shall be deemed delivered to any director when deposited in the United States mail addressed to the director at his or her address as it appears on the records of the Corporation. Such additional notice may be waived in writing by a director at any time either before or after the time of the meeting and such additional notice shall be deemed waived by 2 attendance. Notice of Meetings 3.07. The Corporation shall be considered a "governmental body" within the meaning of Texas Government Code, Sec. 551.001, and notice of each meeting shall be given in accordance with the provisions of Texas Government Code, Chapter 551 (The Texas Open Meetings Act). Quorum 3.08. Four (4) Directors shall constitute a quorum for the transaction of business at any meeting of the Board of Directors. The presence of a director may not be established by proxy. No business shall be conducted, nor shall any action be taken by the Board of Directors in the absence of a quorum. Duties of Directors 3.09. Directors shall exercise ordinary business judgment in managing the affairs of the Corporation. In acting in their official capacity as directors of the Corporation, directors shall act in good faith and take actions they reasonably believe to be in the best interests of the Corporation and which are not unlawful and shall refrain from actions not in the best interest of the Corporation or which would be unlawful. A director shall not be liable if, in the exercise of ordinary care, the director acts in good faith relying on written financial and legal statements provided by an accountant or attorney retained by the Corporation. Duties of President 3.10. The president shall be the chief executive officer of the Corporation. The president shall supervise and control all of the business and affairs of the Corporation. When the execution of any contract or instrument shall have been authorized by the Board of Directors, the president shall execute same except where such power is expressly delegated to another officer of the Corporation. The president shall perform other duties prescribed by the Board of Directors and all duties incident to the office of president. Actions of Board of Directors 3.11. The Board of Directors shall try to act by consensus. However, the vote of a majority of directors present at a meeting at which a quorum is present shall be sufficient to constitute the act of the Board of Directors. Proxy Voting Prohibited 3.12. A director may not vote by proxy. 3 Removal of Directors 3.13. The Board of Directors and each member thereof serves at the pleasure of the City Council of the City of La Porte, Texas, which may remove any director at any time, either with or without cause. Committees 3.14. The Board of Directors may by resolution establish one or more special or standing committees. Such committees shall have the powers, duties and responsibilities established by the Board. The committees shall keep regular minutes of their meetings and report the same to the Board of Directors when required. Compensation of Directors 3.15. The directors shall not receive any salary or compensation for their services. Directors may be reimbursed for their actual expenses incurred in the performance of their duties. Travel expenses shall be reimbursed under the City's travel policy. Attendance 3.16. Regular attendance at the Board meetings is required of all directors. Members who miss more than twenty-five (25%) of called meetings, except for medical reasons, shall be subject to removal by City Council. Ex-Officio Members 3.17. The City Council may appoint Ex-Officio members to the Board of Directors as it deems appropriate. These representatives shall have the right to take part in any discussion of open meetings, but shall not have the power to vote in the meetings. Ex-Officio members shall serve a term of one calendar year. I'_lZA11t:i1t:11111VA OFFICERS Officer Positions 4.01. The officers of the Corporation shall be a secretary who shall be the City Secretary (or their designee) of the City of La Porte, Texas and a treasurer who shall be the Finance Director (or their designee) of the City of La Porte, Texas. 4 • Terms of Officers 4.02. The officers of the Corporation shall serve as long as they are employed by the City of La Porte, Texas Removal of Officers 4.03. Any officer may be removed by the City Council of the City of La Porte, Texas at any time, with or without good cause. Vacancies 4.04. A vacancy in any office may be filled by the City Council of the City of La Porte, Texas for the unexpired portion of the officer's term. Secretary 4.05. The Secretary shall: ♦ Give all notices as provided in the bylaws or as required by law. ♦ Take minutes of the meetings of the Board of Directors and keep the minutes as part of the corporate records. ♦ Maintain custody of the corporate records, authenticate corporate documents and affix the seal of the Corporation as required. ♦ Keep a register of the mailing address of each director and officer of the Corporation. ♦ Perform duties as assigned by the president or Board of Directors. ♦ Perform all duties incident to the office of secretary. Treasurer 4.06. The treasurer shall: ♦ Have charge and custody of and be responsible for all funds and securities of the Corporation. ♦ Receive and give receipts for moneys due and payable to the Corporation from any source. ♦ Deposit all moneys in the name of the Corporation in banks, trust companies, or other depositories as provided by these bylaws. ♦ Write checks and disburse funds to discharge obligations of the Corporation. ♦ Maintain the financial books and records of the Corporation. ♦ Prepare financial reports at least annually. ♦ Perform other duties as assigned by the Board of Directors. ♦ Prepare an annual budget. ♦ Perform all duties incident to the office of treasurer. 5 0 • ♦ Compensation of Officers 4.07. The officers shall not receive any salary or compensation for their services. Officers may be reimbursed for their actual expenses incurred in the performance of their duties. Travel expenses shall be reimbursed under the City's travel policy. ARTICLE V TRANSACTIONS OF THE CORPORATION Contracts 5.01. The Board of Directors may authorize any officer or agent of the Corporation to enter into a contract or execute and deliver any instrument in the name of or on behalf of the Corporation. This authority may be limited to a specific contract or instrument or it may extend to any number and type of possible contracts and instruments. Depository Bank 5.02. All funds of the Corporation shall be deposited with the City's depository bank. Potential Conflicts of Interest 5.03. The members of the Board of Directors are local public officials within the meaning of Texas Local Government Code Chapter 171. If a director has a substantial interest in a business entity or real property which is the subject of deliberation by the Board of Directors, the director shall file an affidavit with the secretary of the Corporation stating the nature and extent of the interest. Such affidavit shall be filed prior to any vote or decision upon the matter by the Board of Directors, and the interested director shall abstain from any vote or decision upon the matter. Council Approval 5.04. The Board of Directors shall obtain prior City Council approval of all real estate acquisitions, real estate leases for over one year and or any long-term leases; contracts, expenditures, or debts over $15,000.00; and bond issues or other debt extending beyond one year. The Board of Directors shall have the authority to enter into all other budgeted transactions without prior City Council approval. Amendments to the budget must be approved by the City Council. 2 • r: ARTICLE VI BOOKS AND RECORDS Required Books and Records; 6.01. The Corporation shall maintain: ♦ Correct and complete books and records of account. ♦ The Corporation's books and records shall include a file endorsed copy of all documents filed with the Texas Secretary of State relating to the Corporation, including, but not limited to, the Articles of Incorporation, any articles of amendment, restated articles, articles of merger, articles of consolidation, and statement of change of registered office or agent. ♦ A copy of the bylaws and any amended versions or amendments to the bylaws. ♦ Minutes of the proceedings of the Board of Directors. ♦ A list of names and addresses of the directors and officers of the Corporation. ♦ A financial statement showing the assets, liabilities, and net worth of the Corporation at the end of the three most recent fiscal years. ♦ A financial statement showing the income and expenses of the Corporation for the three most recent fiscal years. ♦ All rulings, letters, and other documents relating to the Corporation's federal, state and local tax status. ♦ The Corporation's federal, state and local information or income tax returns for each of the Corporation's three most recent tax years. ♦ Annual budget which is approved by City Council. Records Open to Public 6.02. The Corporation shall be considered a "governmental body" within the meaning of the Texas Government Code, Sec. 552.003 and all records of the Corporation shall be made available to the public for inspection or reproduction in accordance with the requirements of the Texas Government Code, Chapter 552 (The Texas open Records Act). Audits 6.03. The Corporation's books are required to be audited by the City's independent auditor on an annual basis. Cost of the audit will be paid by the Corporation. ARTICLE VII PERSONNEL 7.01. Any full-time or part-time personnel positions that the Corporation may establish will be subject to the personnel policies of the City. The City Manager has full authority in personnel matters. ARTICLE Vill AMENDMENTS TO BYLAWS 8.01. The bylaws may be altered, amended, or repealed by the affirmative vote of four or more members of the Board of Directors with the consent of the City Council of the City of La Porte, Texas or shall be altered, amended or repealed at the direction of the City Council of the City of La Porte. ARTICLE IX MISCELLANEOUS PROVISIONS Legal Authorities Governing Construction of Bylaws 9.01. The bylaws shall be construed in accordance with the laws of the State of Texas. All references in the bylaws to statutes, regulations, or other sources of legal authority shall refer to the authorities cited, or their successors, as they may be amended from time to time. It is expressly provided that the provisions of the Development Corporation Act of 1979 applicable to corporations governed under Section 4B of that Act are incorporated within these bylaws by reference. In the event of any conflict between the applicable provisions of such Act and these bylaws, then the applicable provisions of such Act shall control. Legal Construction 9.02. If any bylaw provision is held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision and the bylaws shall be construed as if the invalid, illegal, or unenforceable provision had not been included in the bylaws. Headings 9.03. The headings used in the bylaws are used for convenience and shall not be considered in construing the terms of the bylaws. Seal 9.04. The Board of Directors shall provide for a corporate seal. Such seal would consist of two concentric circles containing the words "City of La Porte Development Corporation", and "Texas" in one circle and the "incorporated" together with the date of incorporation of the Corporation in the other circle. Parties Bound 9.05. The bylaws shall be binding upon and inure to the benefit of the directors, officers and agents of the Corporation and their respective heirs, executors, administrators, legal representatives, successors and assigns except as otherwise provided in the bylaws. [c Fiscal Year 9.06. The fiscal year of the Corporation shall begin on the first day of October of each year and end on the last day of September of the following year. Effective Date 9.07. These bylaws, and any subsequent amendments hereto, shall be effective of and from the date upon which approval has been given both by the Board of Directors and the City Council of the City of La Porte, Texas. Adopted this '1999 President of the Board CERTIFICATE OF SECRETARY I certify that I am the duly elected and acting secretary of the CITY OF LA PORTE DEVELOPMENT CORPORATION, and the foregoing Bylaws constitute the Bylaws of the Corporation. These Bylaws were duly adopted at a meeting of the Board of Directors held on the day of , 1999, and approved and ratified by the City Council of the City of La Porte, Texas, at a meeting held on the _ day of , 1999. Signed this day of '1999. Secretary of the Corporation 01 0 • F6 0 • City Council Workshop May 17,1999 Review Draft Tax Increment Reinvestment Zone Guidelines Contents: Letter dated March 5, 1999 and mailing list Follow up letter dated May 5, 1999 (same mailing list) Note: The City Council Subcommittee met on May 12t` to review the two (verbal) comments received on the proposed guidelines. The Subcommittee recommended three minor language changes to better clarify (1) the difference between a Residential and Commercial Zone and (2) eligible projects regarding improvements to existing infrastructure. These changes have been incorporated into these documents. Formal consideration and approval of these guidelines will be scheduled for the May 24, 1999 Council Meeting. raxpe March 5, 1999 :q Dear Mr. City of La Porte Established 1392 The La Porte City Council is considering the creation of a Tax Increment Reinvestment Zone (TIRZ). A subcommittee of Councilmembers has been working with staff and our consultant to prepare guidelines that will be used when considering a TIRZ. The purpose of the guidelines is to establish the City's policy as it relates to the designation and development of a TIRZ. It is our belief that a TIRZ can be an important economic development tool that benefits both the community and prospective developers. The proposed guidelines are enclosed for your information and review. As a landowner, developer or broker you have expressed interest in the area being considered by City Council. We, therefore, are inviting you to a meeting were the proposed guidelines will be reviewed. We have established Wednesday March 3) I" at 4 p.m., in City Hall Council Chambers for a meeting with you and other interested parties to review the proposed guidelines. If you cannot attend, please feel free to send a representative or provide written comments. If you have any questions feel free to call me at (231) 471-5020. Additionally, the City Council is scheduled to consider, at their Lfarch 15`h meeting, a Resolution establishing a date for a Public Hearing on the creation of a reinvestment zone. Sincerely, ry . ohn Joe. Assistant City Manager xc: Robert T. Herrera, City Manager Jeff Litchfield, Assistant City Manager P.U. Box 1 115 - La Pura. Texas 77572-1 1 IS • ( 231) 471-5030 Mailing List Stuart Haynsworth Daetwyler Corporation Carrington Weems Ben Weems Elizebeth Weems c/o Patrick Westfeldt Eddie Dutco Eddie Gray Glen Angel Brad Dill Barry Bone, TXI Decker McKim Doyle Toups Jim Clifton R. Dennis Blyshak, Benchmark Hospitality Fred Westergren Don Grangtes Earl Wilburn Bob Klassen, Sunbelt Commercial Builders o� L U rE�C?g May 5, 1999 Dear=` - 10 FILE COPY City of La Porte Esrablished 1892 Since our meeting on \March 31, we have received one comment regarding the City's proposed Tax Increment Reinvestment Zone Guidelines. The comment was actually a request to clarify 1. the composition of the Board of Directors and 2. project eligible costs relating to infrastructure in the zone that serves more than one development. We have scheduled a review of the guidelines with the entire City Council at a workshop meeting on May 17, 1999. If you have any comments or questions we request that you provide them by Vlay 17, 1999 for inclusion in Council's package. Your comments and/or any expression of support may be faxed or e-mailed to my attention. FAX (281) 471-7168 E-MAIL: ioernsi(@ci.la-oorte.tx.us You are also welcome to attend the City Council workshop on Vlay 171h as well as the Public Hearing scheduled for Nlay 24'h. Both meetings will be held at La Porte City Hall Council Chambers at 6 p.m. We look forward to your continuing support Sincerely, John rns, Assistant City Manager cc: Mayor and City Council Robert T. Herrera, City Manager La Porte Chamber of Commerce David Hawes, Hawes, Hill and Patterson Consulting P.U. Box I I li • La Porn. Texas 77j71_I I I 471-;0:0 [] MailinE List Stuart Haynsworth Daetwyler Corporation Carrington Weems Ben Weems Elizebeth Weems c/o Patrick Westfeldt Eddie Dutco Eddie Gray Glen Angel Brad Dill Dec o =McKim .Doyle Toups Jim Clifton R. Dennis Blyshak, Benchmark Hospitality Fred Westergren Don Grangtes Earl Wilburn Bob Klassen, Sunbelt Commercial Builders DRAFT • • CITY OF LA PORTE, TEXAS TAX INCREMENT REINVESTMENT ZONE GUIDELINES A. Purpose of Guidelines The purpose of these guidelines is to establish the policy of the City of La Porte as it relates to the power granted by Chapter 311 of the Texas Property Tax Code (Tax Code) and Article b, Section 1-g of the Texas Constitution (together cited as the Tax Increment Financing Act) to finance the development and redevelopment of unproductive, underdeveloped or blighted areas within the City. State law allows a municipality to designate an area as a Tax Increment Reinvestment Zone (Zone) to promote development or redevelopment of the area, if the City Council determines that development or redevelopment would not occur solely through private investment in the reasonably foreseeable future. There are two different methods of creating a Zone. One is City initiated and the other is initiated by the property owners. The second method has its beginning when a petition is submitted to the City. While a large portion of the law applies to both types, there are enough differences in creating the Zones that the two types will be discussed separately, beginning with the Zone created by petition. 1. Creation of Zone by Petition The owners of property constituting at least fifty (50%) percent of the appraised value of the property in an area, may petition the City for the creation of a Zone. Such petition is legally required for creation of a Zone if the Zone contains more than ten (10%) percent residential property based on existing use (referred to as a Residential Zone, if less than 10%, it is referred to as a Commercial Zone). a. In considering a petition for creation of a Zone, Council will take into consideration the factors applicable to a City created Zone, which are described in Section A 2 a. Additional considerations are as follows: a decrease in the aggregate property value of at least twenty (20%) percent over the most recent ten (10) years; 2. a substantial absence, deterioration or substandard condition in the City's infrastructure, streets, water and waste water lines, and storm drainage; and 3. A statement certifying that "except for" the creation of the Zone, the reinvestment would not occur. Revised 5/12/99 DRAFT b. The area within the Zone must be contiguous and be not less than twenty (20) acres. C. Documentation required with Petition Submission of a petition under 311.005(a)(5) of the Tax Code to create a Zone for the purpose of tax increment financing must be accompanied by a Preliminary Financing Plan. Both the petition and Preliminary Financing Plan must be finalized and submitted to the City on or before September 1,in order for a Zone to be created and to take effect the following tax year. The plan must include: a description of the proposed boundaries of the proposed zone, including both a map (showing existing uses and conditions of real property in the Zone) and a legal description; 2. tentative plans and schedules for the development or redevelopment of the Zone, including conceptual drawings or descriptions of the public improvements proposed to be financed by the Zone, including a preliminary estimate of the total costs of the improvements; 3. an estimate of the general impact on the proposed Zone on property values and the tax revenues of the City and the other governmental entities levying ad valorem taxes throughout the life of the proposed Zone; 4. a schedule indicating total appraised values for the proposed Zone for the previous ten years (if available); 5. evidence that all tax arrearages and public liens on property owned or controlled by the petitioner has been satisfied; and 6. a statement certifying that "except for' the creation of the Zone, it would not be properly developed. 2. Creation of Zone by City An area may be designated as a Zone by the City Council, if it meets the conditions listed below: a. The area is determined to substantially arrest or impair the sound growth of the City because of the presence of: 2 Revised 5/12/99 DRAFT • 1. substantial number of substandard, slum, deteriorated, or deteriorating structures; 2. the predominance of defective or inadequate sidewalk or street layout; 3. faulty lot layout in relation to size, adequacy, accessibility, or usefulness; 4. unsanitary or unsafe conditions; 5. the deterioration of site or other improvements; 6. tax or special assessment delinquencies which exceed the fair market value of the land; 7. evidence of chronic abandonment or demolition of commercial or residential structures; 8. defective or unusual conditions of title; 9. conditions that endanger life or property by fire or other cause; or that 10. the area of the proposed Zone is predominately open and because of obsolete platting, deterioration of structures or site improvements or other factors substantially impair or arrest the sound growth in the City. b. The area within the Zone must be contiguous and be not less than twenty (20) acres. C. The area within in the Zone currently contains ten percent (10%) or less residential use. The remainder of the guidelines apply to the Zone, regardless of whether it was created by petition or initiated by the City. B. Redevelopment Activities Redevelopment Activities for the Zone must: 1. be in accordance with redevelopment and land use plans approved by the Planning and Zoning commission, and consistent with the City's Comprehensive Plan; and 3 Revised 5/12/99 DRAFT • • 2. be reasonably likely to increase the aggregate taxable value of property within the Zone by at least twenty (20%) percent during the life of the Zone; and 3. provide adequate infrastructure improvements to serve the Zone, including but not limited to streets, water and waste water facilities, and drainage structures, designed and constructed according to City standards; and 4. provide relocation assistance for low/moderate persons resident in the Zone who may be displaced by the implementation of the project plan (as defined by 311.002(2) of the Tax Code), and as such persons are defined by the U.S. Department of Housing and Urban Development. C. Procedures for Creating a Reinvestment Zone 1. Before adopting an ordinance providing for a Reinvestment Zone, these actions must occur, in the following sequence: a. City Council must schedule a public hearing to allow public comment on the proposed Zone. Notice of this hearing must be published in a newspaper having general circulation in the City at least seven (7) days prior to the hearing. b. At least sixty (60) days before the scheduled public hearing, City Council must notify in writing the other taxing jurisdictions that levy real property taxes in the Zone that it intends on establishing a Zone. This notice must contain: 1. a description of the proposed boundaries of the Zone; 2. tentative plans for development or redevelopment of the zone; 3. an estimate of the general impact of the proposed Zone on property values and tax revenues. C. A Preliminary Financing Plan must be prepared and sent to the other affected taxing jurisdictions. D. Powers of the Zone 1. The City's current Land Use Regulations and Zoning Ordinance shall apply to all development within the Zone. 2. However, the City may authorize by ordinance the enforcement of additional land use controls authorized by statute subject to the following: 4 Revised 5/12/99 1N1.7_1;k1 0 • a. Subject to the approval of the City Council, the board of the Zone may adopt additional powers granted by the provisions of state law found in Chapter 211, Local Government Code necessary to implement the Zone Project Plan and Reinvestment zone Financing Plan. b. Any additional land use component shall include a description of the proposed land use regulations, a description of the economic and financial need for each land use regulation and a description of the effect of the comprehensive plan on the economic integrity of the Zone Project Plan and Reinvestment zone financing Plan. The land use component shall be reviewed annually by the Zone's board to ensure that both the public and private investment in the Zone are protected, and if additional restrictions are required, may approve amendments and changes for City council review and approval. C. The Land Use Plan may impose maximum height, minimum square footage on new construction, maximum lot coverage and other restrictions to provide for sufficient private investment in the Zone's development or redevelopment to support Zone bonds, notes or obligations. d. Any additional land use controls shall be operative for at least the life of the Zone, and the Board may, with City Council approval, provide that a restriction adopted by the Board continues in effect after the termination of the Zone. If the land use controls continue after the termination of the Zone, such restrictions shall be treated as if adopted by the City in the first instance. e. The Board shall contract with the City for the purpose of enforcement of any additional land use controls authorized for use in the Zone. Essentially, the City's Zoning Ordinance establishes the process for identifying and terminating nonconforming uses. Lawful nonconforming uses in Zones may be terminated as follows: 1. when the use ceases or is abandoned; or 2. when the primary structure has been demolished or when rehabilitation in excess of 50% of the assessed value of the improvement at the time of Zone creation is completed; or 5 Revised 5/12/99 DRAFT • 3. when a sufficient period of time has elapsed to allow the recovery of the owner or owners investment in the nonconforming use or uses g. Nonconforming business uses may not be altered or expanded in any residential area in the Zone (e.g. no additional new employees, outside storage or parking may be created). 3. Under current Texas law, the City cannot delegate or extend to the Board its power of eminent domain. If the applicable state law is amended to permit the delegation of extension of such power, the policy of the City is not to authorize the delegation or extension of its power to the Board. In addition, the City will utilize its power of eminent domain within the Zone only if the City Council finds that a public purpose will be served by such an exercise of the City's power. If the Board proposes to condemn property for purposes related to redevelopment or urban renewal, the City will not exercise its power of eminent domain unless the City Council additionally finds that the property or the area immediately surrounding that property contains a substantial number of substandard, slum, deteriorated, or deteriorating structures. Provided, however, that in no event will the City condemn a residential homestead for purposes of redevelopment or urban renewal unless City Council finds that the property proposed to be condemned is, in fact, in a substandard or blighted condition. 4. The City will hold a public hearing prior to the approval of a Land Use Plan for the Zone in accordance with the City's Zoning Ordinance. The City will provide notice to all property owners within the Zone by certified mail, return receipt requested not less than fifteen (15) days prior to the hearing. 5. The City Council by ordinance may authorize the Board to provide for the management and administration of a public improvement district created within the Zone, as provided in such district's service plan required by law. 6. The City will not consider the creation of Municipal Utility Districts within the Zone. E. Eligible Project Costs 1. In conformance with 311.002 of the Tax Code, the City shall consider the "except for" requirements required for the creation of the Zone and make a determination on a case by case basis of the project costs necessary to 6 Revised 5/12/99 DRAFT • I] implement the Project Plan and Reinvestment Zone Financing Plan. In general, the City may consider the following project costs as eligible, but is neither obligated nor limited to the following: a. Off -site utilities required to bring utilities to the Zone (e.g. water, waste water, road and drainage facilities, street lighting and traffic lights); b. Upgrade existing infrastructure to provide additional capacity for future development of properties within the Zone (e.g. lift stations, water and waste water improvements, turning lanes/intersection improvements, waste water treatment plant enhancements); C. Land purchase for public facilities and construction of projects that serve the general public such as overpasses, interchanges roadway beautification, convention centers, amphitheaters, marinas, park improvements, etc. d. Oversizing of infrastructure within the Zone, including water, waste water, streets (arterial or greater) drainage (major channels and detention basins) and street lighting. e. Specialty items such as signage, streetscape/landscape improvements and including the construction of sound barriers, buffering landscape between residential and nonresidential uses, and common recreation areas shall be considered on a case by case basis. f. In general, the City will not consider as eligible costs the public infrastructure or land acquisition costs for individual developments within the TIRZ boundaries that serve only that development. g. Exceptions to the policy on eligible costs will be considered on a case by case basis 2. The City may retain funds as provide in Chapter 311.002 of the Tax Code to be reimbursed for the following: a. administrative costs attributed to others, plus reasonable charges for the time spent by employees of the City in connection with the implementation of the Project Plan and Reinvestment Zone Financing Plan; b. the amount of any contribution made by the City from general revenue for the implementation of the project plan; and C. payments made at the discretion of the governing body of the City that the City finds necessary or convenient to the creation of the 7 Revised 5/12/99 DRAFT • Zone or to the implementation of the Project Plan and Reinvestment Zone financing Plan. F. Board of Directors The Composition of the Board of Directors is determined by the Tax Increment Financing Act. For a Commercial Zone (less than 10% of the Zone is currently residential use), the Board of Directors consist of at least five (5) and no more than fifteen (15) members. Each taxing unit that levies real property taxes in the Zone may appoint one member of the Board. City Council determines the total size of the Board and appoints the remaining members, not to exceed a total of fifteen (15) members. To be eligible for appointment, individuals will be a qualified voter in the City or be at least eighteen (18) years of age and own real property in the Zone. For a Residential Zone(more than 10% of the Zone is currently residential use), the Board of Directors consists of nine (9) members. Each participating school district or county may appoint one (1) member. The state senator and the state representative in whose districts the Zone is located are members of the Board. Each may designate another person to serve in his/her place. The remaining members are appointed by City Council. To be eligible for appointment, an individual must be eighteen (18) years of age or own real property in the Zone or be an agent of a person who owns real property in the Zone. Board members serve two (2) year terms. The chairman is appointed by City Council to serve a term of one (1) calendar year. G. Project Plan and Reinvestment Zone financing Plan The Zone Board of Directors shall submit a proposed Project Plan and Reinvestment Zone Financing Plan for the approval of City council. The Plans must be prepared in accordance with 311.011 of the Tax Code. H. Use of Funds 1. The tax increment or the proceeds of bonds, notes or obligations issued for any project or projects secured by the tax increment may be used for any purpose authorized in the Project Plan and Reinvestment Zone financing Plan. 2. Proceeds shall be used for project facilities and improvements which are approved by the City and which have an estimated average useful life at least equal to the life of the Zone or notes financing such improvements, if any. 8 Revised 5/12/99 DRAFT • 3. The funds of the Zone shall be budgeted, expended and audited in the same general manner as City bond and tax funds with such changes required by the provisions of state law. The costs of such City financial controls shall be included in the costs of administration of the Zone. The Zone budget must be submitted annually to the City finance Department for approval. A copy of the Zone's Annual Audit must be forwarded to the City Secretary after Board approval. 9 Revised 5/12/99 City Council Workshop May 17, 1999 Review Proposed TIRZ Boundaries Note: The City Council Subcommittee reviewed the attached report on report has been modified 1 recommendation in bold print. recommendations. met on May 12, 1999 and TIRZ boundary issues. The ;o show the committee's The map also reflects their • 0 There are several TIRZ boundary issues or questions that this Subcommittee may wish to review and recommend to the full Council at the May 17`h Workshop. The TIRZ boundary that we began with (Exhibit "A" to Ordinance #2316) was essentially the map under consideration last December minus the lower end of Little Cedar Bayou Park.. The numbers on the attached exhibit labeled "Draft: For Discussion Only" correlate to the following points. 1. Councilman Gay at the March 151h Council meeting mentioned the addition of San Jacinto and West Main from Broadway to SH 146 to provide opportunity for future improvements anticipated in our Comprehensive Plan and Bayfront Master Plan. City Council Subcommittee: Recommends Addition 2. LPISD in our discussions has asked consideration for the TIRZ to be used as a funding vehicle for a new elementary school campus. The property owned by LPISD is a 13.8 acre tract at the southwest corner of Avenue D and Sens Road. City Council Subcommittee: Recommends Addition 3. Since TIRZs must be contiguous West Main Street, Fairmont Parkway, proposed Bay Area Boulevard, and Sens Road are shown here as connectors to the LPISD property. While two routes are not required staff felt these provided reasonable options. As far as future eligible projects, both routes could be used for: • Roadway improvements • Intersection improvements • Signalization • Landscaping The Bay Area Boulevard route is also the proposed location for major water and sewer lines. Of course, as with any other area shown projects may or may not be approved by Council and integrated in the final plan. City Council Subcommittee: Recommends Addition 4. There is quite a bit of open space in this area that could develop and therefore contribute to the "tax increment". I believe TXI was not interested in this area because it involves multiple owners of smaller tracts and to my knowledge they were not pursing contracts for purchase in this area. If Council is interested, this area could be added and the existing businesses could be excepted (Blue Flash, Boncosky Trucking Terminal, etc.). • Some but not all utilities are available to this area. • Drainage will be a concern for development in this area. • The zoning is G.C. and L.I. • The approximate size is 25 acres. City Council Subcommittee: Recommends Addition (excepting existing businesses) 5. SH 146 right-of-way: Council may want to add this just to make the inclusion of SH 146 uniform. City Council Subcommittee: No Recommendation Provided 0 • 6. The area just west of this tract is the Dutko-Cook property. Recently, Ed Dutko told me that he is losing 70 acres (of his remaining 90 acres) to wetlands. He has stated that he would like to re -configure his and Jim Clifton's apartment project to put a high density residential project (35 + acres) surrounded by woods and dedicate the remaining 70 acres to the City as a park or preserve. We are trying to confirm this wetlands issue with his consultants. The effect of this 70 acre wetlands designation is the loss of projected R-1 development in the TIRZ. This area along McCabe Road could be added. It does have some development obstacles mostly sewer capacity and drainage issues. The sewer capacity would be helped by sewer improvements made to support the Weems/Dutko/Cook tract. The approximate acreage is 25.4 acres and the zoning is PUD with an underlying land use ofR-1. Recall that R-1 developments by themselves are not as attractive as commercial/industrial developments. They have a greater impact on services such as Police, Fire, Solid Waste, etc. However, this area could be considered as replacement of some of the acreage possibly lost to Wetlands. This issue could be considered later on as an amendment. We did, however, want to inform you of Mr. Dutko's conversation. City Council Subcommittee: Recommends Addition (extending area 6 east to So. Broadway) 7. This is Forest View Mobile Home Park and was not originally considered because of the high concentration of residents which could influence the type of TIRZ (residential vs. commercial). Just visual inspection of the size of the TIRZ as proposed indicates that the area is less than 10%. However, there is probably no strong argument to include this area. City Council Subcommittee: Recommends Addition 8. There is approximately 8.3 acres of vacant land that is adjacent to and wraps around the car wash at Broadway and McCabe. This area has access to utilities, its one development obstacle may be adequate drainage. As in area #4, DU may not have considered this area because they were not pursuing land purchase and did not receive different direction from the City. The present zoning is R-3. City Council Subcommittee: Recommends Addition 9. These two street rights -of -way, Park and Bayshore, previously connected to the north line of Little Cedar Bayou Park which has since been removed. I recall the intent was to have options for an improved pedestrian and vehicular route from the proposed hotel site to Little Cedar Bayou Park, the fitness center and eventually the golf course. This linkage was a recommendation in the Bayfront Master Plan. If Council wishes, we will look to re- establish that link by guessing on an appropriate route. This too is also something that could be considered later as an amendment. City Council Subcommittee: No Recommendation For Full Council Consideration 10. We recommend Council consider adding these locations as utility routes to the existing trunk mains in the K Street right-of-way. City Council Subcommittee: Recommends Addition 11. Blocks 1114 and 1118 have some title problems. In short, it appears that early developers issued titles based on one plat or layout and another plat with a slightly different layout was filed for record. The end result is owners with titles that do not match the recorded plat and 0 • the possibility of more than one deed issued for the same piece of ground. The TIRZ revenues could be used to secure the property, clean up the title and market the property. Areas Added by the TIRZ Subcommittee: 12. Add areas west and north of the Sylvan Beach Park bounded by Grove, Park, No. Circle Drive, and Bayshore Drive, plus Block 305 bounded by Park, Virginia, East I Street and San Jacinto. Add Block 1.8 (the abandoned apartments) plus Forest and Garfield from So. Broadway to Park Street. %% in City Council Workshop May 17, 1999 Additional Information On The Proposed Tax Increment Reinvestment Zone The following information was also provided to the City Council Subcommittee on May 12, 1999. Reminder: Need to Appoint Board of Directors If Council approves the creation of Reinvestment Zone #1 we then need to, as soon as practical, appoint the Board of Directors. Page 8 of our draft guidelines provides the requirements and composition of the Board for a Commercial Zone. Once the Zone is created we need to notify the taxing units that levy taxes (LPISD, Harris County, and San Jacinto College District) as they may each appoint one Board member. • For ,your information: As long as the legislature is in session there is the chance that an amendment may be introduced that prevents school districts from participating in Reinvestment Zones, even if they are created prior to September 1. There have been at least three amendments proposed in the last two weeks that would effectively eliminate school districts' participation. We have written letters and made phone calls to our legislators. We have also notified SEED, Chamber of Commerce, and Larry Wright of Bayshore National Bank and asked for their support. David Hawes has been active in keeping us, as well as his other clients, informed on this matter. • For your information: The Notice of Public Hearing for the May 24, 1999 Public Hearing regarding the creation of Tax Increment Reinvestment Zone Number One, La Porte, Texas will be published in this -., Attachment • to letter Dr John Sawyer 5/5/99 La Porte, Texas Consideration of Tax Increment Reinvestment Zone Number One Background • In late fall TXI requested City to consider a TIRZ • December 7, 1998 - TXI withdrew their request • Administration asked that Council still consider a TIRZ • City Council asked staff to return with additional information • City Council Subcommittee and staff develop draft guidelines for Creation of a TIRZ • March 15, 1999 - City Council approved Ordinance No. 2316 calling for a May 24, 1999 Public Hearing • March 5, 1999 - the proposed guidelines were mailed to interested landowners, developers and brokers • City hosted a meeting on March 31, 1999 to review, discuss and take input on guidelines UpcomingEvents vents • May 11, 1999 - City of La Porte Presentation to La Porte Independent School District • May 17, 1999 - La Porte City Council Workshop - review draft TIRZ Guidelines • May 18, 1999 - City of La Porte Presentation to Harris County • May 24, 1999 - La Porte City Council considers formal approval of TIRZ Guidelines • May 24, 1999 - La Porte City Council to conduct Public Hearing on Creation of TIRZ No.1 • May 24, 1999 - La Porte City Council considers ordinance creating TIRZ No.1 Future Actions (If Reinvestment Zone No.1 is created) • City Council approves resolution creating Redevelopment Authority • City Council appoints Board Members to TIF and Redevelopment Boards • Project Plan and Reinvestment Zone Financing Plan are finalized • Redevelopment Board approves Project Plan and Reinvestment Zone Financing Plan • City Council considers approval of TIF Project Plan and Reinvestment Zone Financing Plan Transmit TIF Project Plan and Reinvestment Zone Financing Plan to taxing units Finalize participation agreements negotiated with other taxing units (La Porte Independent School District and Harris County) 0 0 m Inter -Office Memorandum To: Planning and Zoning Commission From: Doug Kneupper, Director of Planning Jr Subject: Metricom, Inc. Radio Placement Plan Date: April 7, 1999 C• The City has been negotiating with Metricom, Inc. for a Right -of -Way Use Agreement. This Agreement will allow Metricom to install and operate a wireless, digital, data communications radio network within public rights -of -way. The radios used for this wireless network will be installed on existing HL&P street light fixtures and no new poles, towers, etc. will be installed. You may recall that recently City Council adopted an ordinance regulating some telecommunication facilities. Although the ordinance deals more directly with towers, antennas, and antenna support structures, staff felt it was appropriate to seek the Commission's recommendation regarding the Citywide placement plan for the wireless radio network. Attached you will find several exhibits that demonstrate the relative size and typical installation of Metricom's radios. Also attached is a city map showing the proposed locations of the radios throughout the city. Please keep in mind that the exact location of the radios is subject to change based upon the actual location of HL&P streetlights and the final network design. At this time staff is requesting the Commission review the overall radio placement plan and provide a recommendation to City Council. • City of La Poirte Established 1892 April 23, 1999 Honorable Mayor Norman Malone and City Council City of La Porte Dear Mayor Malone: The La Porte Planning and Zoning Commission, during its April 15, 1999, meeting, reviewed a radio placement plan submitted by Metricom, Inc. It is Metricom's intent to install and operate a wireless, digital, data communications radio network within our public rights -of -way. The Commission unanimously voted to recommend City Council approval of Metricom's radio placement plan. Respectfully Submitted, Betty . Waters Planning and Zoning Commission, Chairperson c: Robert T. 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It's ideal for laptops, desktops, and Palm'Pilots —with an extended battery life of up to 12 hours. @> CONTACT US TODAY Turn down time into quality time. Get the freedom that comes with unlimited wireless network access with Ricochet. Get started now! You can order on the Web at www.rieochet.net or call us at 1-800-00 WIRELESS. To benefit from the Ricochet Wireless Services offered by Metdcom, users must be within the coverage areas of the Ricochet Wireless Network. As with telephone modems, speeds vary based on location, application, hardware and software. 01998 Metricom Inc. All rights reserved. Metdcom. Ricochet and the Ricochet logomark are registered trademarks of Metdcom Inc. MCDN and MicroCellular Data Network are trademarks of Metricom Inc. All other trademarks are the property of their respective companies. Metricom Inc. (NASDAQ: MOM), the leader in wireless data communications technology, develops and markets the Ricochet Wireless Network and Services. To learn more about Metdcom, we Invite you to visit us on the Internet at www.metdcom.com, or www.deochet.net. - iWMetricom Inc. 980 University Avenue Los Gatos, California 95032 USA IV www.ricochet.net Metricom info@ricochet.net PSSF-7/98 Smart Machines Floating BY WALTER S. MOSSBERG Too many modem hassles when you travel? Cut the line and go wireless. .- � - ; ... tea. • izl , � i into the hotel phone system, which r � may involve moving furniture to locate a jack and/or reeling out a long cord. It also means finding a local number for your. Internet ac- //- cess provider and programming it -P into your software, along with whatever dialing codes the hotel's gyp. phone requires. And it may mean '. , figuring out a way to get the soft- ~; N. �.'.• ware to dial using your credit card, so each on-line session doesn't get priced at usurious hotel phone rates. Only then can you check your, e-mail. ::.• .•�, tis�,�; �; It can be even worse at air- '":,� ports, where those fancy new pay phones that claim to work with laptops usually don't. Even the rr ' phones in the costly airline clubs may be tough to hook up. �a. But there's a way around all - that hassle: a wireless modem that F YOU'RE A business traveler, check- setting up your computer and modem to connects you to the Internet without using ing into a hotel requires more than get- work with the hotel's phone system —if any phone lines or telephones, not even ting a key and unpacking your clothes. you can do so at all. cellular phones. It's easy to use, reliable You're likely to spend up to an hour That requires plugging your modem and not much more expensive than tradi- No VEMBER 3.997 .SMARTM0 N E Y tional phone connections. It's the Ricochet Wireless modem, and it comes from an outfit called Metricom in Los Gatos, Calif. I've been using a Ricochet for quite a while now, and it makes my life easier whenever I go to a city where its wireless network has been deployed. I just check in to the hotel, connect the modem to my lap- top's serial port, turn it on and click on an icon on my screen, and I'm usually con- nected at 28.8 kilobits per second, the speed of most regular modems. It's the same at airports. You can send e-mail while sitting at the gate or at a table in a snack bar. Not only that, but you can remain con- tinuously connected to the Internet for as long as you like, because there's no charge per "call" or per minute. So if you set your software to automatically retrieve e-mail, you can leave the hotel for a meeting and find all your messages already down- loaded when you return. And you can go right to any Web page you want. The Ricochet modem I use —the SE — is a small, black, rectangular unit with a screen and a foldout antenna that looks like a little cell phone, but isn't. It's less than 5 inches long, 2.3 inches wide and just an inch thick, and it weighs a mere 8 ounces. These dimensions include the slim battery, which lasts from eight to 12 hours. There's also a small, light AC adapter. Both fit easily in a corner of a briefcase. The modem itself costs $349, about double the price of a standard model. And the fee for unlimited monthly use of the In- ternet and e-mail is $29.95, about 50 per- cent more than the standard cost of un- limited access over phone lines, though you can cut this to $24.92 if you pay for a year ($299) up front. But if you travel much, you can save enough on hotel and credit-card phone charges to more than make up the difference. And if you live in an area with Ricochet service, you can use it at home and save the cost of a dedicat- ed phone line or of the extra traffic on your main phone line. Which brings up the principal draw- back of the Ricochet. It works only with Metricom's proprietary wireless network, which is propagated by small transceivers that hang from streetlights in cities and suburbs. That's an expensive setup, and Metricom has so far built networks in on- ly three metro areas officially, and in a fourth unofficially. The three advertised cities are San Francisco, Seattle and Washington, D.C. I've used my Ricochet in various city and suburban neighborhoods in all three, with good results. The Ricochet even worked fine in the Bay Area all the way down into Silicon Valley, and in the D.C. area in a distant Maryland suburb outside the Belt- way. The fourth city is Los Angeles, where a large swath of the Westside has been net- worked for Ricochet as part of a project for the police. Even though this system is meant for the cops, any Ricochet owner can use it. I tested it in West Hollywood, and it worked great. In addition, Metricom has hooked up 11 airports, even if the surrounding cities aren't yet networked. They include airports in New York (LaGuardia) and Washing- ton (National), as well as in Minneapolis, Seattle, Baltimore and Phoenix, and in Cal- ifornia, San Jose, Oakland, San Francisco, Orange County and Los Angeles (LAX). And a number of small cities in the West and Midwest, including Scottsbluff and Gering in Nebraska and Casper, Wyo., are getting Ricochet networks. Metricom is working on setting up sys- tems in New York (part of Brooklyn is unofficially wired already), Detroit, Philadelphia, Chicago and Boston. But it's short of capital for expansion and is trying to attract utility and phone companies as partners. (It already has a deal with a unit of Brooklyn Union Gas.) It needs money for marketing, too. Without a prominent ad campaign, it has so far signed up only about 15,000 subscribers. This is a shame, because the modem and the network really work well. Al- though Metricom claims the modem achieves speeds of 14.4 to 28.8kbps, de- pending on location, I've found I almost always connect at 28.8. It works with lap- tops and some handheld computers. It al- so works fine with desktop computers, both PCs and Macs, though you may need an optional longer cable, as the radio in the modem can cause desktop monitors to flicker if they're too close. There are other Ricochet modems in ad- dition to the SE model I use. The older, somewhat larger Original sells for $99— without a battery —for desktop use; the mobile version runs $299. And an ultra - thin SX model will arrive later this year for $379. It's longer and wider than the SE model, but is just 0.4 inches thick. It's de- signed to fit under a handheld computer such as a Philips Velo or Apple Newton, or to hug the lid of a laptop, attached with Velcro. Besides the monthly fee, there's a one- time $45 activation charge. Metricom sup- plies you with an e-mail address and ac- count, but you can also use the Ricochet to access an existing account you may have with a service provider, company or university. It works fine with America On- line if you set the AOL software to connect over a TCP/IP link. You can use any Web browser or e-mail software package. Ricochet's soft- ware installs a "dialer," which doesn't re- quire a phone number and connects you to the network almost instantly. If you use a Ricochet e-mail account, you can arrange to access it by regular phone when you're not in a Ricochet -networked area, for $5 to $10 a month extra. And you can sign up for special plans to dial directly into a cor- porate network and to use Ricochet on a college campus. If you live in or often travel to any Ric- ochet city, check out this wireless modem. It's one technology that delivers. O1997 by SmartMoney, a joint venture of Hearst Communkatlons. Inc, and Dow Jones & Company, Inc. N o v s m s s R 1997 ,The Ricochet Wireless Network Overview Page 1 of 5 accrainameggmail,s Pa oAftowductaseiviag&-l",o order now The Ricochet Wireless Network Overview About Metricom, Inc. Founded in 1985, Metricom provides wireless data communications and network solutions for personal computer and industrial applications. The firm, headquartered in Los Gatos, California, develops license -free, high-performance products that feature advanced, spread - spectrum packet radio technology, which sends data across a network of intelligent radio nodes. Metricom's Ricochet division provides wireless access and communications solutions for groups and individuals using computers in the corporate, consumer and education market sectors. Ricochet offers affordable monthly subscriptions to its wireless service at flat rates which includes internet and e-mail accounts with unlimited usage. Subscribers can also access corporate LANs and intranets, on-line services such as America Online and CompuServe with additional options. Ricochet wireless modems can be rented, leased, or purchased. Today, Ricochet is used in the greater San Francisco Bay Area, Seattle and Washington, D.C., 10 university campuses, 100 K-12 schools, and the Sun Microsystems corporate campus. Expansion to targeted metropolitan areas is underway. The UtiliNet division of Metricom offers wide -area wireless network solutions to the electric, oil, gas and waste management industries with over 40 installations to date. UtiliNet products help customers to efficiently and cost effectively automate process control/monitoring where wired and licensed communications alternatives are cost prohibitive or impractical. . improved flexibility (Wherever, Whenever you need to connect) . ease -of -use (works with most existing computers and communications software) . all -in -one box convenience (Internet & E-mail accounts w/unlimited usage included) . affordability (one low monthly flat rate for everything you need) . increased productivity (no waiting for phone line availability) The Ricochet Wireless Network �rado wtsb" ;1,00 phone line connections. The Ricochet Network is a wide -area wireless system using spread -spectrum, packet -switching data technology and Metricom's patented frequency -hopping, mesh architecture. The network operates within the license -free (902-928 MHz) portion of the Radio Frequency (RF) spectrum, providing Ricochet subscribers with an affordable wireless solution and an alternative to standard telephone modems requiring http://www.dcochet.net/netoverview.html 8/31 /98 The Ricochet Wireless Network Overview Page 2 of 5 The Ricochet network consists of shoebox-sized radio transceivers, also called Microcell Radios, which are typically mounted to street lights or utility poles. The microcells require only a small amount of power from the street light itself (connected with a special adapter) and are otherwise self-contained units (no other wiring or connections are necessary). They are strategically placed every quarter to half mile in a checkerboard pattern. Each Microcell Radio employs 162 frequency -hopping channels, and uses a randomly selected hopping sequence. This allows for a very secure network, and enables many subscribers to be using the network at the same time. Installation of each Microcell Radio takes less than five minutes. Within a 20-square mile radius (containing about 100 Microcell Radios) Ricochet installs Wired Access Points, or WAPs, which collect and convert the RF packets into a format for transmission to the wired IP network backbone, through a T1 frame -relay connection. Radio packets are routed from Microcell Radio to Microcell Radio through the Ricochet network in the most efficient manner possible. Each WAP and the Microcells Radios that report to it can support thousands of subscribers. Consequently, data packets between a Ricochet modem and Microcell Radio may take different routes during transmission. They can be routed to another Ricochet modem or to one of the gateways which allows subscribers to access other services. Currently, Ricochet supports gateways to the Internet, to the telephone system, to an X.25 network or to corporate Intranets or LANs. The telephone system gateway provides Telephone Modem Access. TMA can also be used to connect to on-line services such as AOL and CompuServe. For more details about Ricochet Gateways, refer to the Ricochet Gateway Mkxoce6 Rados on Street IghtsrU6ldy poles Modem Redo a Overview. ComptterDaAce M,red Access Polnt _ � it Name Server Roster Gateway Network Irtercomectlon Facility Mane{, Irtrands, LANs, CompuServe,AOL and other m4ne sa-Aces l Ricochet is a digital packet -switching radio network with a nationwide wired backbone. The wired backbone is based on conventional IP technology and routes traffic throughout a metropolitan service area or through Ricochet's Network Interconnect Facilities, or NIFs, if the packet has to travel across country. A NIF is simply. a router, which gathers data packets from the WAPs, with a few large leased lines which connect it with other NIFs in other metropolitan service areas. An integral piece of the Ricochet Network backbone is the Name Server, which provides connection validation and path information. All connection requests from a Ricochet modem must first be validated by the Name Server. This automatically occurs every time a Ricochet http://www.ricochet.net/netoverview.html 8/31 /98 . The Ricochet Wireless Network Overview Page 3 of 5 modem is powered on. Ricochet modems used in peer -to -peer mode do not require Name Server validation. The Ricochet Wireless Modem The Ricochet modem weighs 13 ounces, about the size of a television remote control, and plugs directly into a desktop, laptop or PDA standard serial port. Subscribers to the Ricochet service can make modem connections anywhere within a coverage area. Ricochet modems can also communicate with other Ricochet modems on a peer -to -peer basis outside the service area. The modem is compatible with both Macintosh and Intel -based hardware platforms; Macintosh, Windows 3.1 and Windows 95 operating systems; and most communications software - eliminating the need for additional middleware. For more information check the Ricochet Home Page. Glossary Frequency -hopping his relates to the technology used when moving RF data packets from one frequency to another. Intranet The Intranet is a company's internal on-line site, often protected y firewalls if connected to the Internet. Intranet users must have special authorization in order to access private and sensitive information and data bases. IP kbps Internet Protocol consists of procedures and rules for mmunicatin over the Internet. ilobits per second indicates the rate of speed data is being ransferred (corresponding to 1,024 bits per second). LAN Local Area Network is a communications arrangement that nnects multiple computer and related products in an office, uilding or campus environment by means of a standard ransmission medium (e.g., coaxial cable, twisted -pair wire or tical fiber). CDN* 11networking The MicroCellular Digital Network is foundation of the wireless architecture Ricochet uses. It is is comprised of four primary technology elements: the 902-928 MHz frequency band, spread-spectrum/frequency-hopping, packet -switched and protocols for transmitting and receiving data. Microcell Radio* [so known as Radio Transceivers, Microcell Radios are shoe- ox sized repeaters designed to receved RF packets from icochet modems or other Microcell Radios. They are generally eployed in clusters from one-half to two miles apart in a mesh opology. Modem Radio* slbscriber device that connects to most desktop, laptop or acomputing devices through a serial port. The modem flnsmission and reception of RF data being sent hhe Ricochet NetworkMCDN . http://www.ricochet.net/netoverview.htmi 8/31/98 The Ricochet Wireless Network Overview Page 4 of 5 Name Server A sophisticated database that serves as the gatekeeper to the Ricochet Network (MCDN), monitoring all Microcell Radios and Modem Radios accessing the network and ensuring that they re authorized for specific areas of access. The Name Server akes requests to find radios by name and returns the estination network address needed to route packets to them. NIF* The Network Interconnection Facility connects the Ricochet fired network to other major networks, including the Internet, a variety of corporate and university LANS and major online services such as AOL and CompuServe. It also provides control nd maintenance for the metropolitan Wide Area Network WAN). Packet -switching A data transmission technique whereby user information is segmented and routed in discrete data envelopes called "packets," each with its own control information for routing, sequencing, and error checking. Packet switching allows a communications channel to be shard by multiple users, each sing the circuit only for the time required to transmit a single packet. Radio Frequency describes the number of time per second a JrF radio wave vibrates 900MHz . Router This device connects two or more local area networks or network segments. Routers provide remote access and improve overall network performance by identifying the destination of a packet of information and sends the information along. If the information is being sent to a modem off -campus and in the Ricochet "cloud," it forwards information through the CSU/DSU. Otherwise, it sends the information to a collection of Ethernet adios through the hub and EPDU. MA* relephone Modem Access is a feature offered in the Preferred and Elite option service packages that allows a Ricochet odem to dial any other phone -line modem and connect to it as standard wired modem does. AP* Wired Access Point is comprised of a set of components sed to move RF packets across the Ricochet network to the IP fired backbone. These components include a router, Channel and Data Service Units (CSU/DSU), a hub. an Ethernet Power Distribution Unit (EPDU) and Ethernet radios. For more details bout these components, refer to the Ricochet Gateway Overview. APs first convert data packets into protocol that can be sent irelessly from one microcell radio to another; then route the ackets to other WAPs or NIFs, ensuring that the data reaches is location. 11 * Indicates Metricom terminology http://www.ricochet.nettnetoverview.html 8131/98 The Ricochet Wireless Network Overview Page 5 of 5 As with wired or telephone modems, speeds vary based on location, application, hardware and software. All trademarks are the property of their respective owners. Ricochet and Metricom are registered trademarks of Metricom, Inc. All rights reserved. Copyright September, 1996. Revised January 1, 1997. ,r+:com an : n . ct+usfa> r f.� send mer n o • +ilk soars - r ev- Copyright 1998 Metricom. Inc. All Rights Reserved / Metricom Web Site Privacy Policy http://www.ricochet.net/netoverview.html 8131 /98 Metricom Technical Information Wireless Data Networking: Health and Safety for Ricochet II December, 1998 Metricom Poletop RF emissions are well below FCC standards. Radios Are Safe 650 feet away -0.07 µW/cm2 C�* Less than 0.01 % of 1 sk{ FCC standard SPA.0.2 µW/cm2 C j -1.0 µW/cm2 350 feet away 0.02% of FCC standard 25 feet away Less than 1 % of FCC standard Health and Safety Over the last few years, there has been a dramatic increase in Concerns the use of wireless communications. The most prominent example, of course, has been the cellular telephone. But many other applications —such as wireless data networking, for example —are increasing in use as mobile computing and remote access technology come of age. Growing numbers of individuals in business and at home are accessing e-mail, the Internet and company networks, wirelessly. Nearly 10 million people are expected to be using wireless networks to transmit data by the year 2000.1 1. Ron Schneiderman: Future Talk - The Changing Wireless Game 2 .i Furthermore, public concern has been raised regarding cord- less and cellular telephones and the radio signal emissions that fixed structures such as radio and broadcast towers emit, and the effects these signals could potentially have on people over an extended period of time. The principal issues have focused on the low frequency electromagnetic fields associ- ated with power lines and the radio signals (of radio frequen- cies) associated with cellular antenna facilities. As one would expect, these health and safety concerns are now also being extended to today's increasing number of wireless data net- working services and applications. Ricochet, a subscriber -based wireless data communications service offered by Metricom, Inc., is one of the most promi- nent emerging networks that fits this description. All studies and testing to date conclude that Metricom's network poletop radios operate at power levels that are substantially below the limits set for RF emission standards by the FCC, providing users with safe wireless data communications solutions Today's and Several agencies, including the Food and Drug-Administra- Tomorrow's tion (FDA), the Federal Communications Commission (FCC), Standards and the Environmental Protection Agency (EPA), regularly give their attention to RF emission issues. The FCC considers low -power unlicensed devices within the equipment rules that Metricom operates to be safe under the current standard. This standard was revised to reflect more stringent controls and was adopted on October 15, 1997.1 Meanwhile, the industry continues to observe the current ANSI and IEEE C95.1 RF exposure standards, fast developed in 1982 and adopted by the FCC in 1985. 1. Second Memorandum Opinion and Order and Notice of Proposed Rule Making; FCC 97-303, August 25, 1997. ET Docket No. 93-62. Copies may be obtained from the FCC. �C' . k Tests Show Metricom's innovative Ricochet service is based on an inter- Metricom Radios connected mesh network architecture that transmits digital Are Well Below packets of data across a wireless network of intelligent "pole - ANSI Standards top" radios attached to buildings, streetlight and utility poles. Typical space between radios is approximately a quarter to a half mile; each radio in the network can originate messages, and send and receive information. 4 Metricom's network poletop radios have undergone testing by an independent third party to ensure that they meet current and proposed RF emission standards. These radios operate at less than one watt of power in two public frequency ranges, 902-928 MHz and 2.4GHz. According to a November, 1998 report by Hammett and Edison I, a certified testing agency, the levels of RF energy emitted by the Metricom radios, in both frequency ranges, were substantially below the permitted lev- els of exposure delineated by ANSI standard C95.1. To determine the maximum ambient RF levels, the Hammett and Edison tests were conducted with the measurement probe actually touching the Metricom network radio's antenna face, much closer than any user or bystander would ever get to a Metricom radio. In fact, Metricom's Ricochet radios are well below the Public Limit set by the FCC. The radios, however, are mounted on poletops at least 25 feet above the ground. At 25 to 100 feet, the typical distance of any Metricom network radio to any person or nearby house, energy emissions are barely measurable (the energy of a radio wave decreases with the distance from the source.)2 1. Metricom, Inc., Dual Band Microcell Radio, Statement of William F. Hammett, Consulting Engineer, November, 1998. 2. See Hammett and Edison, November 1998 Report. With the mea- surement probe touching the antenna face, the maximum ambient RF levels due to the operation of the 2.4 GHz antenna measured 0.135 µW/cm2 which is only 13.5 percent of the applicable public limit for devices operating at 1 watt in the 2.4 GHz range. Emission Comparisons Public Limit 1.0 µW/cm2 FCC Standard 13.5 percent of Public Limit At less than one foot from the device. rsaoy %ooruiess Poletop Monitor Telephone Radios and Modems A 1 Watt device such as baby monitors, cordless telephones and Ricochet modems are safe even at one foot from a sub- ject. Metricom poletop radios, however, are typically mounted 25 feet from the ground and 50-100 feet from nearby buildings. At these distances, RF emissions are less than 1.0 percent of the public limit. In conclusion, all of Metricom's products and services have been designed with the safety of customers in mind. The com- pany remains committed to maintaining this high level of safety in the future by ensuring that its network devices com- ply with any revisions to the current standard, particularly as the results of new research studies come to light. E �-ry! Metricom PUBLIC BENEFITS OF THE RICOCHET WIRELESS NETWORK Public Benefits • Brings leading -edge technology to your community, including businesses, households, schools, public service agencies, and medical facilities. • Provides non -emergency communications for dispatch vehicles, such as police, fire, building inspectors, appraisers, parks and recreation, etc. • Wireless "e-mail' for the city and the community at large. • Inter -city wireless communications and information updates, such as missing children reports. • Wireless access to online community services. • Wireless access to Internet & other online services. • Wireless access to corporate and university LANs ( Local Access Networks). • No cost to the City for network deployment or maintenance. • No planning issues or health and safety concerns, as with higher -powered systems. • Non-exclusive agreement gives the City flexibility for arrangements with other providers. • Minimal visual impact to municipal infrastructure and no cabling or trenching in the public rights of way, as with cellular/PCS and fiber-optic cable installations. • Proven technology. Fastest data network available. • Compatible with existing communications software and hardware. • Low cost to end user — a flat rate of $29.95 per month for unlimited Internet access. Some Ways City Can Use Ricochet • Traffic Control (Interconnecting traffic lights to database where landline connection not practical; still photos of traffic flow) • Fire crews on site can download building floor plans • Police can send suspect photos from field to station for quick ID EXPANDING Hundreds of communities like yours have given Metricom right-of-way approval. We have installed thousands of streetlight radios, providing access to some of the country's most technologically advanced institutions — organizations like Microsoft and the NASA -Ames Research Center, and universities like Stanford and George Washington University. Municipal employees use our services in growing numbers. We continue to gain new subscribers in the San Francisco Bay Area, Seattle, and Washington, D.C. regions and also offer coverage to many corporate campuses and airports throughout the nation. PPORTUNITY We're offering you a unique public -private opportunity to bring your community new ways of communicating — without wires. A simple right-of-way approval is all it takes to get on board. With the Ricochet network and wireless technology, you can be online anytime, anywhere. Prepare your community for greater productivity with Ricochet high-speed wireless communications from Metricom. A representative will contact you to discuss our right-of-way application. For more information on the Ricochet system by Metricom, see us online at www.metricom.com. Or e-mail requests to: rightofway@ricochet.net. Granting Metricom access to your right-of-way ensured.. NO SURPRISES • Metricom has a twelve-year track record in the wireless telecommunications industry • Radios are installed in hundreds of municipalities across the U. S. • Thousands of satisfied subscribers prefer Ricochet over wire line services EASE OF ADMINISTRATION • Each radio installed by Metricom in minutes • Minimal maintenance or ongoing administration required LOW AESTHETIC IMPACT •\Shoebox-sized radios are mounted on existing structures • Typically, no more than seven radios installed pAr square mile (less than 3% of streetlight poles per region) • No\,,rench.ing, cabling or street hardware ENVIRONMENTAL SAFETY • Authorized by the FCC to operate in the public spectrum under Part 15 of FCC rules BENEFITS TO YOUR CONSTITUENTS Wireless freedom I • Travels with your laptop or handheld device • No need to install an extra phone line • Send e-mail wiyhout tying up a phone line • Stay in touch 7nline, regardless of location Unlimited access • Stay online 24 hours a day • No busy sigalals • No dropped connections Low flat -rate pricing • No airtimm,fe charges • No billitig surprises Convenient technology • ISDN7speed — performance comparable to wire� line solutions • C0 patible with desktop, laptop or handheld computer devices • RASA security — safe against eavesdropping other Pat 15 devices include garage door openers and baby monitors / Copyright ®1993 Metricom�'ItIc. All rights reserved. As with tclephonpihodems and wireless services, speeds vary hued on location, application, hardware, and software. To benefit from the Ricochet wireless services offered by Metricom,,users must be within the coverage areas of the Ricochet wireless network. Metricom, Ricochet, and MicroCellular Data Network are registered trademarks of McuicoInc. All other trademarks are the property of their respective owners. Additional photos by tarry Dale Gordon and Stephen Wilkes, © I99571`he itnag,_Bank Printed on recycled paper. P/N ROW I-5/98 Metricom, Inc. (NASDAQ: MCOM), founded in 1985, is the leader in wireless data communications technology, and develops and markets the Ricochet wireless network and services. Ricochet offers low-cost, high-performance, and easy -to -use data communi- cations for a broad range of personal and commercial applications. Our wireless service gives users fast, reliable, unlimited access to the Internet, e-mail, private intranets, local area networks (LANs), and online services. To learn more about Metricom and the Ricochet service, visit us online at www.metncom.com or www.ricochet.net. Metricom, Inc. 980 University Avenue Los Gatos, CA 95032 408.399.8200 www.metricom.com www.ricochet.net rightofway@ricochet.net ,r Metricom RicOCHET® BY ME BETTER WIRELESS FOR YOUR COW: A SERVICES "Having Ricochet means that the students at Malcolm X Elem �e /ntary are able to access a very cruciaUreseamb and communications tolol, and, ultimately, become better lifelong learners." DR. JOHN PANNELL, PRINCIPAL MALCOLM XIIELEMENTARY, WASHINGTON, D.C. 71 -RICOCHET BY METRICOM Would you like to offer your community low-cost, high-speed online access — with no cabling, trenching or public investment? Metricom's twelve-year track record speaks for itself. Our experience enables us to offer the fastest and most reliable mobile data services in the industry. Leapfrogging current performance standards, our new network will provide your constituents wireless Internet, e-mail, and local area network access at speeds up to 128 Kbps — comparable to expensive ISDN connections. "San Jose is known throughout the world as the \ Capitol of Silicon Valley. We have earned this •t distinction, not only because we house the nation's', top;high-tech firms in our own backyard, but berause we use the latest state-of-the-art technology inI our day-to-day operations. Our police and fire teams, finance department, libraries, and Inter- national Airport management use Metricom-s wireless data network to access information and communicate in real time ff from off -site locations. Being able to utilize key technology while retaining a sense of community is San Jose's key to success. " MAYOR SUSAN HAMMER CITY OF SAN JOSE WIRELESS With Ricochet service, inspectors can issue permits from the field, mobile libraries can have Internet access, cities can monitor and control utility functions remotely, attorneys can check e-mail from the courthouse, realtors and contractors can keep in touch with their offices. Grandparents can communicate with loved ones online. The uses are i practically limitless! i 4 SIMPLE Because Metricom's Ricochet poletop radios are so.,simple to install, bringing wireless Internet access to public sereices, schools, and corporate tenants becomes much easier ',even in areas where it would be difficult to provide additional cabling. I Many small and large/corporations use Ricochet wireless { technology extensively. They appreciate the flexibility of being 1 able to relocate data lines without rewiring.fs AAA -' Seattle City Light field crews save time by using Ricochet to log onto their internal network ,t and obtain critical repair information from remote locations. --%' SEATTLE CITY LIGHT, POWER UTILITY COMPANY 1 = =- 1 - - "Ricochet is a product that does what'it says, and it could be a boon for mobile users — or for anybody who's tired of hassling with telephone connections to the Internet." ' WALT MOSSBERG VALUABLE Many government agencies already use Ricochet, including local post offices, public schools, and city councils. Residents can order stamps using,•the system and can participate in wireless city council meetings. Seniors can enjoy e-mail and communicate with loved ones far away. With laptops and Ricochet modems in squad cars, police departments can file'reports from the field, allowing squad cars to spend more time on patrol. THE WALL STREET JOURNAL y Q 1 l994: City of Cupertino and Stanford University test Ricochet wireless Internet service....991: San Jose is Metricom's first covered city with a stand-alone population of over i,000,000... r996: Seattle and Washington, D.C. launch Ricochet wireless service. CONVENIENT Because of our unique network design and patented routing technology, Ricochet users do not experience the well -publicized busy signals that cause an uproar among users of other popular online services and wired Internet service providers. Our packet -switched system uses available radio frequencies so efficiently that it's easy to add additional users onto the same channel. Expanding network capacity and coverage is as simple as mounting new radios. And because the Ricochet network is completely private to the point it reaches the Internet, we provide unmatched wireless security - �- through RSA encryption. ! LOW IMPACT �I Greater demand for Internet access, fax lines, and additional hone service has laced a significant P P g burden on existing phone capacity. Increasing 1 bandwidth for these technologies typically involves a significant infrastructure upgrade. Metricom, however, simply installs small radio transceivers on streetlight and utility poles, at no cost to your community. These r shoebox-sized radios have low visual or ! environmental impact. It's the fastest, easiest way to increase available bandwidth for data services — without trenching, cables or street hardware. We are proud to offer a technology that has such little • impact on yourneighborhoo d. Radios are generally mounted on less than 3% of poles in a given region, a'nd operate in the public spectrum, similar'to devices like garage door openers and baby monitors. "Because of the way the phone lines were set up, in the past, we had to run from the counter to the back of the shop to scan a credit card. And, what's worse, with every purchase, we were tying up a phone line. Most of our business is over the phone, so we can't afford to lose customers to a busy signal. With Ricochet, we don't have to. " TAMI MURRAY, OFFICE MANAGER FENA FLOWERS, SEATTLE, WA i 1 99 T Ricochet begins development of a high-speed, u8K, wireless network... r998: Metricom wins state approval for usage of Southern and Central California street lights... M16... Nrft, r "h 41 Memo To: Jeff Litchfield, Director of Financial/ACM From: John D. Armstrong, Asst. City Attorney CC: Robert T. Herrera, City Manager John Joems, Asst. City Manager Date: May 10, 1999 Re: Metricom Contract I am attaching a copy of the latest proposed Right -of -Way Agreement with Metricom wherein in I have made changes in Paragraph 2 on Page 3. Please review and call me with any comments. 0 Page 1 LA PORTE 19194t-of- av lot Agreement 0 HIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of . 1999„ (the "Effective Date"), and entered into by and between the CITY OF LA PORTE, a Texas municipal corporation (the "City"), and METRICOM, INC., a Delaware corporation ("Metricom"). Recitals A. Metricom is in the business of constructing, maintaining, and operating a wireless digital data communications radio network known as Ricochet®, a network operated in accordance with regulations promulgated by the Federal Communications Commission, utilizing Radios (as defined in § 1.13 below) and related equipment certified by the Federal Communications Commission. B. Subject to reasonable municipal regulations concerning the time, location, manner of attachment, installation, and maintenance of its facilities, Metricom has the right under federal and Texas law to install facilities in municipal public ways. C. Metricom wishes to locate, place, attach, install, operate, and maintain Radios on facilities owned by the City, as well as facilities owned by third parties, located in the Municipal Right of Way for purposes of operating Ricochet®. Agrutunt Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1 DEFINITIONS. The following definitions shall apply generally to the provisions of this Use Agreement: 1.1 Agency. "Agency" means any governmental or quasi -governmental agency other than the City, including the Federal Communications Commission and the PUC (as such term is defined in § 1.12 below). 1.2 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general application to Persons doing business in the City lawfully Right -of -Way Use Agreement City of 1a Porte :: Metrimm, Inc. page 1 of 13 to portel.doc r05masUrmuNual 4/76/1999 2:36 PM imposed by any governmental body (but excluding any utility users' tax, franchise fees, telecommunications tax, or similar tax or fee). 1.3 Gross Revenues. "Gross Revenues" means the gross dollar amount, accrued on Metricom s books for Services provided to its customers with billing addresses in the City, excluding (i) the Right -of -Way Fee, if any, payable pursuant to § 4 et seq. below and any utility users' tax, telecommunications tax, franchise fees, or similar tax or fee; (ii) local, state, or federal taxes collected by Metricom that have been billed to the subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectible from subscribers (i.e., bad debts) with billing addresses in the City that was previously included in Gross Revenues. 1.4 Installation Date. "Installation Date" shall mean the date that the first Radio is installed by Metricom pursuant to this Use Agreement. 1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Use Agreement, in effect either as of the Effective Date or at any time during the presence of Radios in the Municipal Right of Way. 1.6 Metricom. "Metricom" means Metricom, Inc., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transferees. 1.7 Municipal Access Program. "Municipal Access Program" means the discount program described in § 4.3 below. 1.8 Municipal Facilities. "Municipal Facilities" means City -owned street light poles, lighting fixtures, electroliers, or other City -owned structures located within the Municipal Right of Way and may refer to such facilities in the singular or plural, as appropriate to the context in which used. 1.9 Municipal Right of Way. "Municipal Right of Way" means the space in, upon, above (to the height of any Municipal Facilities), along, across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including all public utility easements and public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City. This term shall not include county, state, or federal rights of way or any property owned by any Person or Agency other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such Person or Agency. Right -of -Why Use Agreement City of In Porte:: Met,icorn, Inc. page 2of13 In portel.doc JtKmos28rma9Auo 1 J 00999 2:36 PM 1.10 Person. "Person" means an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust, or any other form of business entity or association. 1.11 Provision. "Provision" means any agreement, clause, condition, covenant, qualification, restriction, reservation, term, or other stipulation in this Use Agreement that defines or otherwise controls, establishes, or limits the performance required or permitted by any party to this Use Agreement. All Provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. 1.12 PUC. "PUC" means the Texas Public Utility Commission. 1.13 Radio. "Radio" means the radio equipment, whether referred to singly or collectively, to be installed and operated by Metricom hereunder. 1.14 Ricocl:el@ "Ricochet@"' or "Ricochet@ MCDN" means Ricochet@ MicroCellular Digital Network, a wireless, microcellular digital radio communications network owned and operated by Metricom. 1.15 Services "Services" means the wireless digital communications services provided through Ricochet@ by Metricom. 1.16 City. "City" means the City of La Porte. 1.17 Use Agreement. "Use Agreement" means this nonexclusive Use Agreement and may also refer to the associated right to encroach upon the Municipal Right of Way conferred hereunder. 2 TERM. This Use Agreement shall be effective as of the Effective Date and shall extend for a term of eight (8) years commencing on the Installation Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this Use Agreement shall be renewed automatically for three (3) successive terms of five (5) years each on the same terms and conditions as set forth herein, unless Metfiee either party notifies the Gity other aM of its intention not to renew not less than thirty (30) calendar days prior to commencement of the relevant renewal term. 3 SCOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricom under this Use Agreement, which shall be exercised at Metricom's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Municipal Right of Way exclusively or concurrently with any other Person or Persons and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Municipal Right of Way. Nothing in this Use Agreement shall be Right -of --Wiry Use Agreement 00, of La Pone:: Metdcom, Inc. page 3 of 13 la ponefdoc [05mas28ro%v98m11 411611999 236 PH deemed to grant, convey, create, or vest in Metricom a real property interest in land, including any fee, leasehold interest, or easement. Any work performed pursuant to the rights granted under this Use Agreement may, at the City's option, be subject to the reasonable prior review and approval of the City. 3.1 Attachment to Municipal Facilities. The City hereby authorizes and permits Metricom to enter upon the Municipal Right of Way and to locate, place, attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on Municipal Facilities for the purposes of operating Ricochet® and providing Services to Persons located within or without the limits of the City. In' addition, subject to the provisions of § 4 below, Metricom shall have the right to draw electricity for the operation of the Radios from the power source* associated with each such attachment to Municipal Facilities. 3.2 Attachment to Third -Party Property. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits Metricom to enter upon the Municipal Right of Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace such number of Radios in or on poles or other structures owned by public utility companies or other property owners located within the Municipal Right of Way as may be permitted by the public utility company or property owner, as the case may be. Upon request, Metricom shall furnish to the City documentation of such permission from the individual utility or property owner responsible. City agrees to cooperate with Metricom, at no cost or expense to City, in obtaining where .necessary the consents of third -party owners of property located in the Municipal Right of Way. 3.3 No Interference. Metricom in the performance and exercise of its rights and obligations under this Use Agreement shall not interfere in any manner with the existence and operation of any and all public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, and other telecommunications, service provider, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Use Agreement. City agrees to require the inclusion of the same prohibition on interference as that stated above in all agreements and franchises City may enter into after the Effective Date with other telecommunications providers and carriers. Right -of -Way Use Agreement City of La Porte :: Metricom, Inc. page 4 of 13 la portel.doc (05mas28rom9ftall 06//999296 PM 3.4 Compliance with Laws. Metricom shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Use Agreement. 3.5 Obtaining Required Permits. If the attachment, installation, operation, maintenance, or location of the Radios in the Municipal Right of Way shall require any permits, Metricom shall, if required under applicable City ordinances, apply for the appropriate permits and pay any standard and customary permit fees. City shall promptly respond to Metricorn's requests for permits and shall otherwise cooperate with Metricom in facilitating the deployment of Ricochet® in the Municipal Right of Way in a reasonable and timely manner. The proposed locations of Metricom's planned initial installation of Radios shall be provided to the City promptly after Metricom's review of available street light maps and prior to deployment of the Radios. 3.6 Notice of Location of Radios. Upon the completion of installation, Metricom promptly shall furnish to the City suitable documentation showing the exact location of the Radios in the Municipal Right of Way. 4 COMPENSATION; Dlscouws; UTILITY CHARGES. Metricom shall be solely responsible for the payment of all lawful Fees in connection with Metricom's performance under this Use Agreement, including those set forth below. 4.1 Right -of -Way Fees. In order to reimburse City for any costs it may incur in connection with Metricom's entry upon and deployment with the Municipal Right of Way, Metricom shall pay to the City, on an annual basis, an amount equal to three percent (3%) of Metricom's Gross Revenues (the "Right -of -Way Fee"), which amount will be collected from subscribers of the Services with billing addresses in the City and remitted to City as provided herein. The compensation provided under this section shall be payable for the period commencing upon the date that Metricom first provides Services to commercially paying subscribers within the City using Radios installed pursuant to this Use Agreement and ending on the date of termination of this Use Agreement, and shall be due on or before the 45th day after the end of each calendar year or fraction thereof. Within forty-five (45) days after the termination of this Use Agreement, compensation shall be paid for the period elapsing since the end of the last calendar year for which compensation has been paid. Metricom shall furnish to the City with each payment of compensation required by this section a statement, executed by an authorized officer of Metricom or his or her designee, showing the amount of Gross Revenues for the period covered by the payment. If Metricom discovers that it has failed to pay the entire or correct amount of compensation due, the City shall be paid by Metricom within thirty (30) days of discovery of the error or determination Right -of -Way Use Agreement City of EA Porte:: Metricom, W. page 5 of 13 la portel.doc (05mas28rora98uall 06119992:36 PM 0 • of the correct amount. Any overpayment to the City through error or otherwise shall be refunded or offset against the next payment due from Metricom.' Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Use Agreement occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or from collecting any balance due to the City. 4.1.1 Reduction of Right -of -Way Fee by Amount of Utility Users or Telecommunications Tax. Notwithstanding anything to the contrary in this Use Agreement, if the Services are subject to a utility users tax, telecommunications tax, or other similar tax or fee by operation of the City's Municipal Code or other applicable law, then the amount of the Right -of -Way Fee shall be reduced by the amount of the applicable utility users tax, telecommunications tax, or such other similar tax or fee. 4.1.2 Accounting Matters. Metricom shall keep accurate books of account at its principal office in Los Gatos or such other location of its choosing for the purpose of determining the amounts due to the City under § 4.1 above. The City may inspect Metricom's books of account relative to the City at any time during regular business hours on ten (10) business days' prior written notice and may audit the books from time to time at the City's sole expense, but in each case only to the extent necessary to confirm the accuracy of payments due under § 4.1 above. The City agrees to hold in confidence any non-public information it learns from Metricom to the fullest extent permitted by Law. 4.2 Electricity Charges. Metricom shall be solely responsible for the payment of all electrical utility charges to the applicable utility company based upon the Radios' usage of electricity and applicable tariffs. 4.3 Municipal Access Program. In consideration of City's execution and delivery of this Use Agreement, City shall have the right throughout the term of this Use Agreement to purchase, when such service is commercially available in the City, up to the maximum number set forth below (based upon the City's population) of Ricochet® basic service subscriptions at the rate of fifty percent (50%) of the regular rate as current from time to time. The number of subscriptions which the City may purchase at the Municipal Access Program rate shall be determined in accordance with the City's official population, as shown on the latest available census data, as follows: (a) for municipalities with a population of less .than 100,000, up to a maximum of twenty (20) discount subscriptions; (b) for municipalities with a population of 100,000 to 249,000, up to Right -of -Way Use Agreement City of La Porte:: Metricom, Inc. page 6 of 13 la portel.doc (05mos18n rni%ra 11 4/16/1999 236 PM • a maximum of thirty (30) discount subscriptions; (c) for municipalities with a population of 250,000 to 500,000, up to a maximum of forty (40) discount subscriptions; and (d) for municipalities with a population of over 500,000, up to a maximum of fifty (50) discount subscriptions. City understands and agrees that Metricom's modems and equipment required to utilize the discounted subscriptions and any additional service subscriptions or service options the City may desire are expressly excluded from this special Municipal Access Program rate and may be obtained from either Metricom or an authorized retailer at market rates current from time to time or under other promotional programs which may be available from time to time in addition to the Municipal Access Program rate. City shall use all subscriptions provided pursuant to this § 4.3 solely for its own use and shall not be entitled to resell, distribute, or otherwise permit the use of the same by any other Person. 5 RELOCATION OF RADIOS. Metricom understands and acknowledges that City may require Metricom to relocate one or more of its Radios, and Metricom shall at City's direction relocate such Radios at Metricom's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a City project; (b) because the Radio is interfering with or adversely affecting proper operation of City -owned light poles, traffic signals, or other Municipal Facilities; or (c) to protect or preserve the public health or safety. In any such case, City shall use its best efforts to afford Metricom a reasonably equivalent alternate location. If Metricom' shall fail to relocate any Radios as requested by the City within a reasonable time under the circumstances in accordance with the foregoing provision, City shall be entitled to relocate the Radios at Metricom's sole cost and expense, without further notice to Metricom. 5.1 Relocations at Metricom's Request. In the event Metricom desires to relocate any Radios from one Municipal Facility to another, Metricom shall so advise City. City will use its best efforts to accommodate Metricom by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Use Agreement. 5.2 Damage to Municipal Right of Way. Whenever the removal or relocation of Radios is required or permitted under this Use Agreement, and such removal or relocation shall cause the Municipal Right of Way to be damaged, Metricom, at its sole cost and expense, shall promptly repair and return the Municipal Right of Way in which the Radios are located to a safe and satisfactory condition in accordance with applicable Laws, normal wear and tear excepted. If Metricom does not repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior written notice to Metricom, to perform or cause to Right -of -Way Use Agrmnrcnt City of La Pork :. Metricnm, Inc. Page 7 of 13 la portel.doc 105mas28roru9f ua1l 06/1999 2:36 PM be performed such reasonable and necessary work on behalf of Metricom and to charge Metricom for the proposed costs to be incurred or the actual costs incurred by the City at City's standard rates. Upon the receipt of a demand for payment by the City, Metricom shall promptly reimburse the City for such costs. 6 INDEMNIFICATION AND WAIVER. Metricom agrees to indemnify, defend, protect, and hold harmless the City, its council members, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgements, remedial actions of any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") directly or proximately resulting from Metricom's activities undertaken pursuant to this Use Agreement, except to the extent arising from or caused by the negligence or willful misconduct of the City, its council members, officers, employees, agents, or contractors. 6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any loss, damage, or injury to any Radio or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City. 6.2 Limitation of City's Liability. The City shall be liable only for the cost of repair to damaged Radios arising from the negligence or willful misconduct of City, its employees, agents, or contractors. 7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this Use Agreement commercial general liability insurance and commercial automobile liability insurance protecting Metricom in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars ($1,000,000) annual aggregate for each personal injury liability and products -completed operations. Such insurance policies shall name the City, its council members, officers, and employees as additional insureds as respects any covered liability arising out of Metricom's performance of work under this Use Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Claims -made policies are not acceptable. When an umbrella or excess coverage is in effect, coverage shall be provided in following form. Such insurance shall not be canceled or materially altered to reduce the policy limits until the City has received at least thirty (30) days' advance written notice of such cancellation or change. Metricom shall be responsible for notifying the City of such change or cancellation. Right -of -Way Use Agreement City of !a Pork :: Metricam, Inc. page 8 oj13 !a portel.doc (05mn-28rmuMual( 4176/1999 2:36 PM • • 7.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Use Agreement, Metricom shall file with the City the required original certificate(s) of insurance with endorsements, which shall clearly state all of the following: (a) the policy number; name of insurance company; name and address of the agent or authorized representative; name, address, and telephone number of insured; project name and address; policy expiration date; and specific coverage amounts; (b) that the City shall receive thirty (30) days' prior notice of cancellation; and (c) that Metricom's insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self -insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. The certificate(s) of insurance with endorsements and notices shall be mailed to the City at the address specified in § 8 below. 7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain at all times during the term of this Use Agreement statutory workers' compensation and employer's liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000) and shall furnish the City with a certificate showing proof of such coverage: 7.3 Insurer Criteria. Any insurance provider of Metricom shall be admitted and authorized to do business in the State of Texas and shall be rated at least A:X in A.M. Best & Company's Insurance Guide. Insurance policies and certificates issued by non -admitted insurance companies are not acceptable. 7.4 Severability of Interest. Any deductibles or self -insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by the City. "Cross liability," "severability of interest," or "separation of insureds" clauses shall be made a part of the commercial general liability and commercial automobile liability policies. 8 NOTICES. All notices which shall or may be given pursuant to this Use Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight Right -of -Way Use Agreement City of 1a Porte:: Metricom, Inc. page 9 of 13 Ia portel.doc (05mos18rmmQRrra1J 4/16119" 2:36 PM delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U. S. mail or by overnight delivery service as just described, addressed as follows: i f to the City: CITY OF LA PORTE Attn: City Secretary 604 West Fairmont Parkway La Porte, TX 77572 if to Metricom: METRICOM, INC. Attn: Property Manager 980 University Avenue Los Gatos, CA 95032 8.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 9 TERMINATION. This Use Agreement may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any material covenant or term hereof by the other party, which default is not cured within forty-five (45) days of receipt of written notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable during the term. 10 ASSIGNMENT. This Use Agreement shall not be assigned by Metricom without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of Metricom hereunder to a parent, subsidiary, successor, or financially viable affiliate shall not be deemed an assignment for the purposes of this Use Agreement. 11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to the obligations of the parties under this Use Agreement. Right -of -Way Use Agreement City of 1a Porte.: Metricom, Inc. page 10of13 In portel.doc t05masUrtnuMna1 J 4A6/1999 236 PM 11.1 Nonexclusive Use. Metricom understands that this Use Agreement does not provide Metricom with exclusive use of the Municipal Right of Way or any Municipal Facility and that City shall have the right to permit other providers of telecommunications services to install equipment or devices in the Municipal Right of Way and on Municipal Facilities; however, City agrees promptly to notify Metricom of the receipt of a proposal for the installation of communications equipment or , devices in the Municipal Right of Way or on Municipal Facilities. In addition, City agrees to advise other providers of telecommunications services of the presence or planned deployment of the Radios in the Municipal Right of Way and/or on Municipal Facilities. 11.2 Amendment of Use Agreement. This Use Agreement may not be amended except pursuant to a written instrument signed by both parties. 11.3 Severability of Provisions. If any one or more of the Provisions of this Use Agreement shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such Provision(s) shall be deemed severable from the remaining Provisions of this Use Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Use Agreement. Each party hereby declares that it would have entered into this Use Agreement and each Provision hereof irrespective of the fact that any one or more Provisions be declared illegal, invalid, or unconstitutional. 11.4 Contacting Metricom. Metricom shall be available to the staff employees of any City department having jurisdiction over Metricom's activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Radios. The City may contact by telephone the network control center operator at telephone number (800) 873-3468 regarding such problems or complaints. 1.1.5 Governing Law; Jurisdiction. This Use Agreement shall be governed and construed by and in accordance with the laws of the State of Texas, without reference to its conflicts of law principles. If suit is brought by a party to this Use Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of Texas, County of Harris, or in the United States District Court for the Eastern District of Texas. 11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement lead to litigation, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorneys' fees. Right -of -Way Use Agreement City of U Porte:. Metricom, Inc. page 11 of 13 la portel.doc [QSr..na7Arm,,QR11a11 4116119" 2:36 PM • • 11.7 Exhibits. All exhibits referred to in this Use Agreement and any addenda, attachments, and schedules which may from time to time be referred to in any duly executed amendment to this Use Agreement are by such reference incorporated in this Use Agreement and shall be deemed a part of this Use Agreement. 11.8 Successors and Assigns. This Use Agreement is binding upon the successors and assigns of the parties hereto. 11.9 Advice of Displacement. To the extent the City has actual knowledge thereof, the City will attempt promptly to inform Metricom of the displacement or removal of any pole on which any Radio is located. 11.10 Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Use Agreement, such party shall not unreasonably delay, condition, or withhold its approval or consent. 11.11 Waiver of Breach. The waiver by either party of any breach or violation of any Provision of this Use Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other Provision of this Use Agreement. 11.12 Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person' or entity in connection herewith, except as provided in § 3.2 above. In addition, City specifically represents and covenants that City owns all Municipal Facilities for the use of which it is collecting from Metricom the Annual Fee pursuant to § 4.1 above. 11.13 Entire Agreement. This Use Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Use Agreement which are not fully expressed herein. Right -of -Way Use Agreement City of La Porte:: Metrimn. Inc. page 12 of 13 In portel.doc [05rnas28roruMal J 4/7611999 236 PM • .In tu!Wso w4 erraf, and in order to bind themselves legally to the terms and conditions of this Use Agreement, the duly authorized representatives of the parties have executed this Use Agreement as of the Effective Date. City: CITY OF LA PORTE, a Texas municipal corporation By: Norman Malone, Mayor Date: 1999 Metricoln: METRICOM, INC., a Delaware corporation By: (name hjpedl Its: Date: .1999 Right -of -Way Use Agreement City of [A Porte:: Metricom, Inc. page 13 of 13 In portel.doc 105majUrtnu thiall 4/16P999 236 PM • F Memo U John Joerns, Assistant City Manager lidm: Doug Kneupper, Planning Directo CC: Date: 05/13/99 Re: Cmdff Road Improvements During budget presentations last summer, staff proposed using the existing 8 to 10 inches of base material already in place and approach this project as a major rehabilitation effort. The resulting roadway would be a 28' roadway with an asphalt overlay. The cost of this approach was estimated to be $173,000. Staffs reasons for this approach were that only portions of Pecan Crossing and Summer Winds subdivisions would travel the road, the type of vehicles would be primarily passenger vehicles and there would be few driveway cuts.. At that time, Council asked staff to provide enough funds for a concrete road section. The adopted Capital Improvement Budget includes $270,000 for the improvements to Caniff Road. This project would result in the construction of a 28' wide concrete road with concrete curbs. The curbs would have intermittent gaps to allow for drainage into the roadside ditches. The existing limestone base material would be salvaged and used elsewhere. Prior to moving forward with this project we wish to confirm Council's direction on the currently proposed cross-section which, as shown on the attachment, would result in a concrete road with open ditches and gaps in the curb allowing drainage to the ditches. To provide a lowered concrete road with underground storm sewer would cost an additional $96,000 for a total estimated cost of $367,000. 3 •PagDl PROPOSED CANIFF ROAD CONSTRUCTION m 24' ORIGINAL APPROACH DURING BUDGET REVIEWS $173,000 24 �COKNMETE MVBUW LIME STAB[LREO SUNRAOE is EIM. LTMMMME MA7ERTAL FO BE &#IVA= CURRENT APPROACH $270,000 80' R.O.W. 24' 28' 24 CONCRETE RAVEMEIiTr CONC. CURB � BrABI� suec�Afle �) �u�111111�F1iF11 TTAII IIII��..n`11.=11-IIPu-.. STORM SEWER—,*,,,, LOWERED ROAD SECTION. $367,000 PROPOSA F.Y.'98 •'99 GENERAL FUND I a CAl11FF 80AD IMPBOYEMEIlTS N.T.S. SUMMER �C l Fv�vSECTION NDS ag \ SUMMER S IO SECTION O Z FAIRMOW PARKWAY CANUT ROAD PAVING This project converts Caniff Road from an all weather rock road to a 28" wide asphalt road with open ditches. The project will utilize the existing flexible base. The developers of both Pecan Crossing and Summer Winds are proposing to complete the next section within their subdivisions. This road will provide an additional outlet to the residents of these subdivisions as well as other adjacent properties. Proposed budget is $&73-, 9 2®a®a0 1-10 «OA LI May 16, 1999 n Bob Herrera City Manager City of La Porte P. O. Box 1115 La Porte, Texas Dear Mr. Herrera I was an election clerk in the recent city/school election for District 3. I would like to comment for a few minutes concerning the City Secretary, Martha Gillett. Martha has exemplified a very professional example of dedication and professional ability. I know Martha and her staff, especially Janis Goulder, Asst. City Secretary worked were very hard to make the election process run so smoothly. The election school she conducted was very informative, and having food provided was very nice as several of the workers came directly from their jobs. On the day of the election do nuts were provided in the morning and lunch was provided, this was especially considerate of the City to do this. I know the other election judges and clerks feel the same as I do. Martha, Janis and their sta$ made the day of the election run so professionally. Thank you for taking the time from your busy schedule to read this. If I can assist in anyway to help again, please call me. Yours truly, anne Ze 3102 Valley Brook 281-471-1426 I wanted to thank you for allowing Martha the time to participate in the Chamber of Commerce Ambassadors. 0 • - PROPOSED REINVESTMENT ZONE NUMBER ONE CITY OF LA PORTE, TEXAS DRAFT PRELIMINARY REINVESTMENT ZONE FINANCING PLAN MARCH 11, 1999 PREPARED BY Hawes Hill & Patterson Consultants, L.L.P. DRAFT 03.11.99 PROPOSED REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS PRELIMINARY REINVESTMENT ZONE FINANCING PLAN OVERVIEW The proposed reinvestment zone consists of approximately 1,080 acres of land, of which approximately 520 acres is available to be developed as a master planned community consisting of single family and multi -family residential, retail and light to business industrial uses. The area included in the proposed zone is predominately open. The excessive costs associated with constructing a regional detention basin and channel system and oversized sanitary sewer lift stations, force mains and gravity collection lines in accordance with the City's master plan prohibits the sound growth of the municipality and impedes the development of the area solely through private investment in the reasonably foreseeable future. A regional approach to storm water detention is also necessary due to the inherent inefficiencies in localized detention which will decrease the amount of usable land, thus limiting the amount of taxable value within the area. Expenditures associated with the design, construction and financing of public improvements, as well as other specific project related costs are to be funded by tax increment revenue derived from new residential and commercial property value increases. It is anticipated that the Zone will enter into Development Reimbursement Agreements. Developers may be reimbursed for funds advanced on behalf of the reinvestment zone for the design and construction of specific public facilities and related project costs as detailed in this Preliminary Plan. The Developers will dedicate all public improvements to the City. This document constitutes the Preliminary Reinvestment Zone Financing Plan as required by Chapter 311, Texas Tax Code. The purpose of the proposed reinvestment zone is to facilitate the development/redevelopment of residential and commercial properties through the financing of: • Water, wastewater, drainage facilities; . Landscaping and streetscapes; and • New Streets;' • Conference Center/Hotel • Parking facilities • Marina/Breakwater/Recreation Facilities The proposed public improvements to be constructed within the proposed zone will facilitate private investment within the area substantially earlier than would otherwise occur, if at all. The public improvements will facilitate the master -planned community concept proposed' for the proposed zone and it is expected that the public improvements will spur additional development and redevelopment throughout the City of La Porte and the surrounding area. Preliminary Reinvestment Zone Financing Plan 1 La Porte, Texas DRAFT 03.11.99 1. Maps Showing Existing Uses And Conditions Of Real Property In The Zone And Showing Proposed Improvements To And Proposed Uses Of The Property The proposed reinvestment zone (the "TIRZ") is located within the city limits of La Porte. The TIRZ receives direct access by several existing roads. State Highway 146 runs north -south through the middle of the TIRZ. The western portion of the TIRZ is accessed by Powell Road, which extends south from Fairmont Parkway to the southern boundary of the TIRZ. Wharton Weems and McCabe Street run east -west through the eastern portion of the TIRZ from SH 146 to South Broadway Street, which borders the TIRZ to the east. The TIRZ is surrounded by residential development with some light industrial and commercial development. The City of La Porte Bay Forest Golf Course is located in the eastern portion of the TIRZ, between SH 146 and South Broadway. Map 1 shows the tentative boundary and Map 2 shows the current land uses within the TIRZ: 2. Proposed Changes Of Zoning Ordinances, The Master Plan Of The Municipality, Building Codes, And Other Municipal Ordinances All construction will be done in conformance with existing building code regulations of the City of La Porte. There are no proposed changes of any city ordinance, master plan, or building codes. 3. List Of Estimated Non -Project Costs It is anticipated that the public improvements to be constructed the TIRZ could spur private investment of over $200 million within the TIRZ over a ten year period. The cost of constructing all improvements, other than those improvements that will be dedicated to and owned by the City, will be borne by the private sector. 4. Statement Of Method Of Relocating Persons To Be Displaced As A Result Of Implementing The Plan The Preliminary Plan calls for the development of substantially vacant property. Therefore, there is no displacement of property owners or residents. 6. Proposed Development And Project Costs Vacant Land Development Opportunities The proposed development plan consists of a program of public improvements, under the authority of the Tax Increment Financing Act, which are intended to stimulate and serve over $200 million in new private investment scheduled to occur over the next 10 years. Preliminary Reinvestment Zone Financing Plan Z La Porte, Texas DRAFT 03.11.99 It is anticipated that the proposed development will consist of detached single family residences, townhomes, multifamily, retail, light to business industrial facilities and rail facilities. Vacant Land Proiect Costs The proposed public improvements necessary to develop the land within the TIRZ include water distribution facilities, wastewater collection facilities, storm water drainage improvements, street improvements and streetscape improvements. The preliminary total cost of facilities to be constructed within the TIRZ for water, wastewater, streets and drainage improvements is approximately $31 million. The monetary obligations incurred or estimated to be incurred as described above are necessary or convenient to the creation of the TIRZ. A summary of the preliminary cost estimates is outlined below. Residential Phase 1 $ 7,008,000 Phase II 2,897,000 Phase III 2,215,000 Phase IV 2,096,000 Total $14,216,000 Commercial $14,480,000 1,476,000 1,525,000 $17,481,000 Sylvan Beach Development Opportunities Benchmark Hospitality Group proposes to build a full -service hotel and conference center on Sylvan Beach located on Galveston Bay. The proposed development consists of: • 170 guestrooms; • 15,000 square feet of conference space; • additional 5,000 square feet of meeting space located in the existing Sylvan Pavilion; • full -service all day restaurant, as well as a pub bar offering entertainment -and light fare; • outdoor pool with pool house, health club and deck area; and • golf privileges at Bay Forest Golf Club Preliminary Reinvestment Zone Financing Plan 3 La Porte, Texas DRAFT 03.11.99 Benchmark Hospitality revised the estimated costs for constructing the project in April 1998. The total cost associated with constructing the hotel and conference center follows: Hotel Conference Center Site Work & Amenities TOTAL $13.7 Million 6.0 Million 0.7 Million $20.4 Million However, the projected real property valuation that could reasonably be derived from this project is as follows: Hotel $7.8 Million Conference Center 3.2 Million TOTAL $11.0 Million Other Improvements And Costs The City may deem other public improvements necessary for the development of the TIRZ. If it is determined that additional public improvements shall be required, such improvements will be incorporated into the Plan. In addition to the cost of constructing public improvements within the TIRZ, there are costs that have been incurred and are expected to be incurred by the City of La Porte, and other participating taxing jurisdictions in the creation and organization of the TIRZ. It is also anticipated that the TIRZ will pay, from available tax increment, a portion of the administrative and maintenance costs associated with the public improvements within the TIRZ. 6. A Description Of The Methods Of Financing All Estimated Project Costs And The Expected Sources Of Revenue To Finance Or Pay Project Costs Description Of The Methods Of Financinq In accordance with 311.015 of the Tax Increment Financing Act, the City may issue tax increment bonds or notes, the proceeds of which may be used to pay project costs on behalf of the TIRZ. Upon creation of the proposed redevelopment authority, the authority may be authorized to incur debt and issue debt or obligations to satisfy developer reimbursements for eligible project costs. If such bonds are issued, bond proceeds shall be used to provide for the project related costs outlined in this plan. When appropriate, Developers will advance project -related costs and be reimbursed through the issuance of tax increment bonds or from increment revenues of the zone. Preliminary Reinvestment Zone Financing Plan 4 La Porte, Texas DRAFT 03.11.99 Method And Timing Of Funding Project Costs Developers will fund the costs of the improvements and will be reimbursed from the issuance of bonds. Bond proceeds may be used to fund project costs if assessed valuation within the TIRZ is sufficient to support such Bonds. It is possible that bonds could be issued for reimbursement to developers in the following years and increments. 2003 2004 2005 2006 2007 Total Bonds $8,000,000 8,000,000 8,000,000 8,000,000 8,155,000 $40,155, 000 Although the timing of each phase has been included in the numerical analysis for illustrative purposes, the actual funding and construction of project costs will be determined by the actual development needs, market conditions, and available tax increment revenue of the TIRZ. Sources Of Tax Increment Revenue The purpose of the TIRZ is to provide the necessary public improvements to support residential and commercial development. Estimated Captured Appraised Value Residential Commercial Total 1 /1 /2002 $ 1,911,111 $ 35,000, 000 $ 36, 911,111 1 /112003 13, 500,195 45, 000, 000 58, 500,195 1 /1 /2004 25, 839,279 45, 000, 000 70, 839,279 1 /1 /2005 38,178, 363 62, 500, 000 100, 678, 363 1/1/2006 56,717,446 62,950,000 119,667,446 1/1/2007 76,934,971 80,450,000 157,384,971 1/1/2008 88,140,000 84,650,000 172,790,000 1 /1 /2009 92,340,000 102,600,000 194,940,000 1/1/2010 92,340,000 107,400,000 199,740,000 1 /1 /2011 92,340,000 114,400,000 206,740, 000 Preliminary Reinvestment Zone Financing Plan La Porte, Texas 5 DRAFT 03.11.99 Participation Of Taxing Jurisdictions Of the taxing jurisdictions (Harris County, Harris County Flood Control District, Hams County Department of Education, Harris County Toll Road, the La Porte Independent School District, the Port of Houston Authority and San Jacinto Junior College District ) which levy ad valorem taxes within Reinvestment Zone Number One, the City is requesting the participation of Harris County, the La Porte Independent School District and the Port of Houston Authority. Tax Increment Fund The City shall create and establish a Tax Increment Fund for the Zone, which may be divided into sub -accounts as authorized by subsequent ordinances. A separate account will be created for the property of each Developer. All Tax Increments, as defined below, from a Developer's property will be deposited in the related account of the Tax Increment Fund. The Tax Increment Fund and each account "shall be maintained at the depository bank of the City of La Porte or the Redevelopment Authority (if created) and shall be secured in the manner prescribed by law for funds of Texas cities. The annual Tax Increment shall equal the property taxes levied by the City or any other taxing unit participating in the zone for that year on the captured appraised value, as defined by the Tax Increment Act (the "Act"), of real property located in the zone that is taxable by the City or any other taxing unit participating in the zone, less any amounts that are to be allocated from the Tax Increment pursuant to the Act. All revenues from the sale of any tax increment bonds, notes, or other obligations hereafter issued by the City for the benefit of the zone, if any; revenues from the sale of property acquired as part of the project plan and reinvestment zone financing plan, if any; and other revenues to be used in the zone shall be deposited into the Tax Increment Fund. Tax increment revenue derived from a Developer's property and proceeds of bonds issued to reimburse a Developer will be deposited to the related account in the Tax Increment Fund. Prior to termination of the zone, money ' shall be disbursed from each account within the Tax Increment Fund only to pay project costs, as defined by the Texas Tax Code, for the related property in the zone, to satisfy the claims of holders of tax increment bonds or notes issued for the Zone, or to pay obligations incurred pursuant to agreements allocable to the related property and entered into to implement the project plan and reinvestment zone financing plan and achieve their purposes pursuant to Section 311.010(b) of the Texas Tax Code. Preliminary Reinvestment Zone Financing Plan La Porte, Texas 6 DRAFT 03.11.99 7. Economic Feasibility Study An independent economic research firm, conducted a market demand /economic feasibility analysis of the proposed residential land uses within the proposed TIRZ. In 1997 Horwath Hospitality Consulting provided the City with a market study relating to the above project. The market study provides an excellent analysis of the total project. The overall results indicate a strong demand and success for such a project. S. Duration Of The Zone The proposed TIRZ shall remain in effect until the earlier of December 31, 2031 or the date on which the Final Plan has been implemented and all project costs, tax increment bonds, interest on such tax increment bonds and all other obligations, contractual or otherwise, payable from the tax increment collected on the captured appraised value of the property within the TIRZ have been paid in full. Preliminary Reinvestment Zone Financing Plan La Porte, Texas i [xvnr mi 1i 7iN%&C F/M11LT pCSZUCIWTUL MULTI-FAMIdY RESM6rTUL WNHERGAL REMML S OFFIC AL w..W.fir Amn vwierrmmn.w r:lti=� =l mm M9 rn :1� 0 0 City of La Porte Emergency Medical Service Interoffice Memo To: Carol Butler Fiona Robyn Gallion, Paramedic II #321 CC: Dais: April 29, 1999 Rw EMS Week The state of Texas has designated May 16"' — May 22"d as EMS Week. In the past, city council has assisted us in promoting EMS week by giving us a proclamation. We are again asking for your assistance in helping us promote EMS week. We are currently organizing several activities to help promote EMS week. If city council will be able to do the proclamation, please let me know at your convience. If you have any questions feel free to contact me at (281) 471-9244. Proclamation TO DESIGNATE THE WEEK OF MAY 16-22,1999 AS EMERGENCY MEDICAL SERVICES WEEK Whereas, emergency medical services is a vital public service; and Whereas, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week, and Whereas, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and Whereas, emergency medical services providers have traditionally served as the safety net of America's health care system; and Whereas, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and Whereas, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and Whereas, Americans benefit daily from knowledge and skills of these highly trained individuals; and Whereas, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and Whereas, injury prevention and the appropriate use of the EMS system will help reduce national health care cost; and Now, therefore, I Norman Malone, Mayor, City of LaPorte, Texas in recognition of this event do hereby proclaim the week of May 16-22, 1999 as EMERGENCY MEDICAL SERVICES WEEK And encourage the community to observe this week with appropriate programs, ceremonies, and activities