HomeMy WebLinkAbout1999-07-12 Regular Meeting and Workshop Meeting
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MINUTES OF THE REGULAR MEETING AND WORKSHOP MEETING
. OF LA PORTE CITY COUNCIL
JULY 12, 1999
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of Citv Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Peter Griffiths, Alton Porter, Charlie Young, Jerry Clarke, and Mayor
Norman Malone
Members of Council Absent: Councilperson Deotis Gay
Members of City Executive Staff and Citv Emolovees Present: City Manager Robert T.
Herrera, City Attorney Knox Askins, City Secretary Martha Gillett, Assistant City
Manager John Joerns, Assistant City Manager Jeff Litchfield, Administrative Assistant
Carol Buttler, Director of Planning Doug Kneupper, Director of Public Works Steve
Gillett, Auxiliary Services Lieutenant Carl Crisp, Director of Parks & Recreation
Stephen Barr, Police Chief Richard Reff, Planning Masood Malik, Assistant Public
Works Director Buddy Jacobs, Assistant Finance Director Cynthia Alexander, Human
Resources Manager Sydney Upchurch, Auxiliary Services Sergeant Sammy Jacobs.
Others Present: Mrs. Richard Reff, Mrs. Sammy Jacobs, Linda Barley, Mrs. Shippey,
Lou Lawler, Evelyn Kennedy, Mr. Burgess, Mary McLain, Lisa & Norman Cook,
Spero Pomonis, Bob Pizzatola, Brenda Brown, Summer Cacciotto, and a number of
citizens.
2. Mayor Norman Malone delivered the Invocation.
3. Council considered approving the minutes of the Regular Meeting on June 28, 1999.
Motion was made bv CounciIperson Clarke to approve the minutes of the Ree:ular
Meetine: as oresented. Second by Councilperson Engelken. The motion carried
unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Clarke and Malone
Nays: None
Abstain: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL
1. Lennis Anderson, Senior Equipment Operator for Public Works was recognized
as retiring with 16 years of service to the City of La Porte. Mr. Herrera and
Mr. Gillett presented Mr. Anderson with a gift form the City.
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City Council Minutes - July 12, 1999 - Page 2
2. Lisa cook - 630 N. 13th, back-side of 228 W. Main
A. Drug problems on north side.
B. Standing water prevention for mosquito control.
C. Weeding/weeding eating of Main Street.
3. Brenda Brown - 631 Fairfield - 113 and 109 S. 3rd - Presented petition on
growing amount of solicitation and drug trafficking on Main Street. Requested
a meeting with the new Police Chief.
5. Presentations:
A. City Manager Robert T. Herrera introduced Richard Reff as the new Police Chief
for the City of La Porte.
B. Council received a report from the Neighborhood Center - R. T. Herrera
Linda Barley presented a presentation for the relocation of the Neighborhood
Center.
6. Council considered approving an ordinance authorizing an agreement amending the lease
agreement between the City of La Porte and Neighborhood Centers, Inc.
City Manager Robert T. Herrera presented summary and recommendation.
City Attorney read: ORDINANCE 99-2339 - AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT AMENDING THE LEASE AGREEMENT
BETWEEN THE CITY OF LA PORTE AND NEIGHBORHOOD CENTERS, INC.,
FOR A LEASE AMOUNT OF $350.00 PER MONTH, FOR A TERM CONTINUING
UNTIL THE CITY OF LA PORTE HAS COMPLETED ITS MOVE TO ITS PLANNED
NEW LIBRARY BUILDING ON SOUTH BROADWAY STREET IN LA PORTE,
AND VACATING THE PRESENT EDITH WILSON LIBRARY; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made by Councilperson Sutherland to apDrove the ordinance as presented bv
Mr. Herrera. Second by Councilperson Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Clarke and Malone
Nays: None
Abstain: None
7. Council considered approving a resolution authorizing the creation of the City of La
Porte Development Corporation under section 4B of the Development Corporation Act,
Article 5190.6, V.A.T.S.; approving the corporation's articles of incorporation and
bylaws; appointing the initial seven members of the Board of Director's of the
corporation; authorizing the corporation to act on its behalf to further the public purpose
to undertake the projects as described in section 4B of article 5190.6.
City Manager Robert T. Herrera presented summary and recommendation.
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City Council Minutes - July 12, 1999 - Page 3
City Attorney Knox Askins read: RESOLUTION 99-23 - A RESOLUTION
AUTHORIZING THE CREATION OF THE CITY OF LA PORTE DEVELOPMENT
CORPORATION UNDER SECTION 4B OF THE DEVELOPMENT CORPORATION
ACT, ARTICLE 5190.6, YA.T.S.; APPROVING THE INITIAL SEVEN MEMBERS
OF THE BOARD OF DIRECTORS OF THE CORPORATION; AUTHORIZING THE
CORPORATION TO ACT ON ITS BEHALF TO FURTHER THE PUBLIC TO
UNDERTAKE THE PROJECTS AS DESCRIBED IN SECTION 4B OF ARTICLE
5190.6; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Griffiths to approve the resolution as presented by
Mr. Herrera. Second by Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Clarke and Malone
Nays: None
Abstain: None
8. Council considered approving an ordinance appointing members of the Board of
Directors of City of La Porte Reinvestment Zone Number One.
City Attorney Knox Askins presented summary and recommendation.
City Attorney read: ORDINANCE 99-2340 - AN ORDINANCE APPOINTING
MEMBERS OF THE BOARD OF DIRECTORS OF CITY OF LA PORTE
REINVESTMENT ZONE NUMBER ONE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson En~elken to approve the ordinance as presented by
Mr. Askins. Second by Councilperson Griffiths. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Clarke and Malone
Nays: None
Abstain: None
9. Council considered approving an ordinance appointing members to various boards,
commissions, and committees, of the City of La Porte.
City Attorney Knox Askins presented summary and recommendation.
City Attorney read: ORDINANCE 99-2341 - AN ORDINANCE APPOINTING
MEMBERS OF VARIOUS BOARDS, COMMISSIONS, AND COMMITIEES, OF
THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE;
CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Young to approve the ordinance as Dresented by
Mr. Askins. Second by Councilperson Clarke. The motion carried unanimously.
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City Council Minutes - July 12, 1999 - Page 4
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Clarke and Malone
Nays: None
Abstain: None
10. Council considered approving an ordinance appointing a member of the Civil Service
Commission.
City Manager Robert T. Herrera presented summary and recommendation.
City Attorney read: ORDINANCE 99-2342 - AN ORDINANCE APPOINTING A
MEMBER OF THE CML SERVICE COMMISSION; PROVIDING A
SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE.
Motion was made by Councilperson Young to approve the ordinance as presented by
Mr. Herrera. Second by Councilperson Griffiths. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Clarke and Malone
Nays: None
Abstain: None
11. Council considered approving an ordinance appointing members of the Complete Count
Committee (CCC) for the census 2000.
City Attorney Knox Askins presented summary and recommendation.
City Attorney read: ORDINANCE 99-2343 - AN ORDINANCE APPOINTING
MEMBERS OF THE COMPLETE COUNT COMMIITEE (CCC) FOR THE CENSUS
2000; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
AN EFFECTIVE DATE.
Motion was made bv Councilperson Engelken to approve the ordinance as presented by
Mr. Askins. Second by Councilperson Porter. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Clarke and Malone
Nays: None
Abstain: None
12. Council considered approving an ordinance approving and authorizing a contract between
the City of La Porte and Weisinger Water Well, Inc., for construction of an auxiliary
power unit at water well #5.
Director of Public Works Steve Gillett presented summary and recommendation.
City Attorney read: ORDINANCE 99-2344 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
WEISINGER WATER WELL, INC.; APPROPRIATING $61,150.00 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
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City Council Minutes - July 12, 1999 - Page 5
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilperson Engelken to approve the ordinance as presented by
Mr. Gillett. Second by Councilperson Griffiths. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Clarke and Malone
Nays: None
Abstain: None
13. Council considered approving an ordinance authorizing a contract between the City of
La Porte and Triple B Services, Inc., for Antrim Lane, Valley View, and Park Drive
waterline replacement.
Director of Public Works Steve Gillett presented summary and recommendation and
answered City Council's questions.
City Attorney read: ORDINANCE 99-2345 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND TRIPLE
B SERVICES, INC., FOR ANTRIM LANE, VALLEY VIEW, AND PARK DRIVE
WATERLINE REPLACEMENT; APPROPRIATING $189,601.40 PLUS A
CONTINGENCY OF $20,000.00, TO FUND SAID CONTRACT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE.
Motion was made by Councilperson Engelken to approve the ordinance as presented by
Mr. Gillett. Second by Councilperson Young. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Clarke and Malone
Nays: None
Abstain: None
14. Council considered approving a Special Conditional Use Permit (SCU99-002) for
operation of refrigerant recycling.
Director of Planning Doug Kneupper presented summary and recommendation and
answered City Council's questions.
Motion was made by Councilperson Griffiths to approve the ordinance as presented by
Mr. Kneupper. Second by Councilperson Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Clarke and Malone
Nays: None
Abstain: None
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City Council Minutes - July 12, 1999 - Page 6
15. Workshop was opened at 6:49 PM.
A. Receive report from Parks and' Recreation Director Stephen Barr regarding the
City of La Porte's application to the Texas Deparbnent of Transportation
Enhancement Programfor the:proposed pedestrian bicycle trail system for the
City of La Porte. Mr. Barr answered City Council's questions.
Close workshop at 7: 12 PM.
16. Council considered approving a resolution supporting the City of La Porte's application
to the Texas Deparbnent of Transportation Statewide Transportation Enhancement
Program for the proposed pedestrian bicycle trail system for the City of La Porte.
Director of Parks & Recreation presented summary and recommendation.
City Attorney read: RESOLUTION 99-24 - A RESOLUTION ENDORSING A
PROPOSED PEDESTRIAN BICYCLE TRAIL SYSTEM FOR LA PORTE AND
AGREEING TO PARTICIPATE IN FUTURE FUNDING IF APPROVED BY THE
TEXAS DEPARTMENT OF TRANSPORTATION UNDER THE STATEWIDE
TRANSPORTATION ENHANCEMENT PROGRAM.
Motion was made bv CouncilDerson Griffiths to approve the ordinance as presented by
Mr. Barr. Second by Councilperson Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Clarke and Malone
Nays: None
Abstain: None
17. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. Budget Workshop - August 16 - 20, 1999.
B. CityCouncilRetreat-July30-31,1999.
C. Open House for new Police Chief, Richard Reff - July 20, 1999,5:30 PM at City
Hall.
18. COUNCIL ACTION
Councilpersons Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Clarke, and
Mayor Malone brought items to Council's attention.
19. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WIm ATTORNEY,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION
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City Council Minutes -July 12, 1999 - Page 7
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)
A. 551.074 (PERSONNEL MA TIER) DISCUSS APPOINTMENTS OF BOARDS
AND COMMISSIONS
There were no items to be discussed in Executive Session.
20. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
Due to no Executive Session, there was no action taken.
21. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 7:20 PM.
Respectfully submitted,
-lU.lJJJ:htL~
Martha Gillett
City Secretary
Passed and approved on this 26th day of July 1999.
Norman L. Malone, Mayor
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e CITY OF LA PORTE e
July 12, 1999
TO:
FROM:
SUBJECT:
Mayor and Council
Robert T. Herrera, City manager
Lennis Anderson Retirement
We would like to recognize Lennis Anderson, who retired from municipal
service on June 30, 1999, after 16 years with the City of La Porte.
He began his career in with the Public Works Department on
June 3, 1983, as an Equipment Operator I and was promoted to Sr. Equipment
Operator on August 6, 1990. Lennis has been a valuable member of the Street
Maintenance Division who always shows great pride in his work. His street
repair work is of the highest quality; setting an example for others. In addition to
operating heavy equipment, Lennis is a crew leader and has done an excellent
job providing leadership and guidance.
It is through dedicated employees, such as Lennis Anderson, that the City
of La Porte is able to deliver quality, cost-effective service to its citizens. Lennis
will certainly be missed and we wish him well as he enters a new phase in his
life.
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The Neighborhood Center
La Porte/Bayshore Area
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nterim and proposed site
relocation project.
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To foster growth and development of individuals and
encourage individuals to develop their strengths and
abilities so as to meet their responsibilities to their families,
to each other, to their neighborhoods, and to the community
at arge
in La Porte
- NEIGHBORHOOD'
CENTER
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Purpose of the NCI
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the Immediate
to
· To provide social service programs
neighborhood and community
· To serve as a service provider resource for the community
-
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NCI
· Computer Job Skills
.
Activities at
Life Ski__s
entry
- Prepares students for
level jobs
-
- Enables students to develop
necessary skills to operate
micro computers
Improves resume skills and
job interview techniques
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doubled
- Class enrollment
this year
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Life Skil_s Classes Cont'd...
. GED Preparation Class
· ESL (English as a Second Language)
· Conversational Spanish Instruction
. Exercise Classes
· Computers for Mature Adult Class
. JTPA
. Parenting Classes
· Women's Support Group
.
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y Does the City of La Porte
Need a Neighborhood Center?
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. Emergency Food
Pantry- 774
II Day Old Bread and
Bakery Product
. Distribution- 46115
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~ Seasonal Food
Baskets- 187
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~ Information & Referral
II Quick Reference
Directory
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Why Does the City of La Porte
Need a Neighborhood Center? Cont'd
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. Box Fan Program- 50
· Blanket Dist.- 32
. Back to School
Program--supplies
and shoes- 261
-
· Infant Clothing and
Diapers- 77
II Emergency Financial
Assistance- 47
· Lice Medicine- 69
· Notary Service- 15
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Co-~aborators with NCI
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Closure?
Then...
August 1997:
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. Community support
prevented the scheduled
closure of the La Porte
NCI n 1997.
. The loca Advisory Board
decided to shift focus to
Life Skills training.
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Expansion?
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July 1999:
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Neighborhood Centers In
has only one room for all
training, the food pantry, life
skills classes, and meetings
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be moving
g Health
. Harris County will
out of the adjoinin
Center
NCI requests occupancy of
the vacated space
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The Future...
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· Continued growth in needs and
services.
requi
NClwill
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re even more space.
Predicted acceleration in services
from 1998 to 1999.
this
. Project that NCI will outgrow
expanded location by 2001.
. Total
II Males
o Females
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· Therefore, NCI would like city
approval to move into the Edith
Wilson Library, once vacated,
to accommodate the future
needs of the La Porte Bayshore
area.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 12, 1999
Requested by: Robert T. Herrera
Department: Administration
Report
Resolution XXX Ordinance
Exhibits:
1. Ordinance No. 99-
2. Proposed L~ase Agreement
3. Letter froon Harris County
S'UMMARY & RECOMMENDATIONS
The La Porte Neighborhood Center Inc. (NCl) has leased operating space on the ground floor of the Police
Building from the City of La Porte since 1977.
Recently, La Porte NCI representatives notified City staff that the Harris County Health Clinic received County
approval to relocate the clinic facility to the new site at 1009 South Broadway. Harris County staff has
confmned in the attached letter the intent to relocate in mid-July. NCI has requested that the City of La Porte
allow them to expand their offices into the vacated space to accommodate their growing services, increasing
their square footage of approximately 1,100 to approximately 3,600 square feet.
As a component of the proposed lease agreement, NCI would be permitted to paint and perform simple
remodeling of the office space solely at their expense, including new tile and carpet in various areas. During
the term of this lease, the City will not increase the monthly lease of $350.00 collected from NCI. Once the
clinic vacates their facility, NCl will begin to prepare this space for move in.
The initial term ofthis proposed lease agreement is in effect until the existing library facility becomes available,
(should Council approve this new location for LaPorte NCI) or until January 2001, at which time it may be
extended if the library move is delayed.
When La Porte's library relocates to its new building on South Broadway, if NCI 81ilJ wishes, City staff wilJ
return to Council requesting approval of a new lease agreement for NCl's relocation to the existing library
facility.
Action Required by Council:
Approve Ordinance No. authorizing the City Manager to execute an interim lease agreement with
La Porte Neighborhood Centers Inc.
Approved for City Council A2enda
~~T.~
Robert T. Herrera Date
City Manager
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ORDINANCE NO. 99- 2339
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT AMENDING THE
LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE AND NEIGHBORHOOD
CENTERS, INC., FOR A LEASE HOUNT OF $350.00 PER MONTH, FOR A TERK
CONTINUING UNTIL THE CITY OF LA PORTE BAS COMPLETED ITS MOVE TO ITS
PLANNED NEW LIBRARY BUILDING ON SOUTH BROADWAY STREET IN LA PORTE,
AND VACATING THE PRESENT EDITH WILSON LIBRARY BUILDING; !lAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2. The City Council Officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the city council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 99-2339
P},GE 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 12th day of July, 1999.
By:
CITY OF LA PORTE
jk~
Mayor
ATTEST:
~d- a. .J4.dM
Ma ha A. Gillett
City Secretary
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Knox W. Askins
City Attorney
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CITY OF tA PORTE
PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571
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July 1, 1999
Ms. Angela Blanchard
President/CEO
Neighborhood Centers, Inc.
P.O. Box 271389
Houston, TX 77277-1389
Dear Ms. Blanchard:
Confirming our recent discussions, the City of La Porte proposes to
amend the existing lease between the City of La Porte and
Neighborhood Centers, Inc., on the lease space at 911 South 8th
street, as follows:
1. The lease space would be expanded to include approximately
2,500 square feet of floor space, on the first story of the
building at 911 South 8th Street, La Porte, Texas, which space
is currently occupied by the Harris County Health Department
facilities.
2. The monthly rental of $350.00 per month, would remain
unchanged.
3. Neighborhood Centers, Inc., may make whatever improvements it
desires, to the lease space, at its sole cost and expense.
These improvements would include such matters as painting,
cleaning, and changing of doorways.
4. The term of the lease shall continue until the City of La
Porte has completed its move to its planned new library
building on South Broadway Street in La Porte, and vacated the
present Edith Wilson Library building on San Jacinto Street in
La Porte. The City of La Porte and Neighborhood Centers,
Inc., will enter into negotiations at that time, as to the
terms and provisions of a lease agreement between the city of
La Porte and Neighborhood Centers, Inc., on the San Jacinto
Street library building. This move should take place by
January 2001. If the move has not occurred, this lease will
be extended at that time.
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Neighborhood Centers, Inc.
July 1, 1999
Page 2
If this letter accurately states your understanding of the
agreement between the City of La Porte and Neighborhood Centers,
Inc., please sign and return a copy of this letter, retaining a
copy for your files. I will then present this letter agreement to
the La Porte City Council and ask for their approval.
Yours very truly,
CITY OF LA PORTE
By: ~~ T. \-\~
Robert T. Herrera
City Manager
ACCEPTED AND AGREED:
By:
NEIGHBORHOOD CENTERS, INC.
4f,/-i~d" /l '
Ange a B1anchard
President/CEO
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MICHAEL YANCEY, AlA
Director
Facilities & Property Management
1310 Prairie, Suite 1330
Houston, Texas 77002
(713) 755-5091
June 28, 1999
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Mr. Robert T. Herrera
City Manager, City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
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Re: 911 South 8th Street, La Porte, Texas~ Notice of Termination of Lease Agreement
between Harris County and the City of La Porte~ Precinct 2
Dear Mr. Herrera:
Harris County (County) currently leases from the City of La Porte approximately 2,500 square
feet of office space at 911 South 8th Street that is used as a Harris County Health Clinic. The
current lease has expired and the County has been occupying the space on a day to day tenancy,
which could be terminated by either party at any time. The County has recently located an
alternative site for this clinic and is preparing for the relocation of these offices. Mr. Jason Hall of
the Facilities and Property Management Department has been coordinating with Mr. Jim Stanley
of the Public Health & Environmental Services Department to begin the move on the second
weekend in July. Mr. Hall has also been corresponding by phone with Ms. Carol Butler of your
office and keeping her updated on the plan to relocate the clinic.
Please let this letter serve as official notice of termination of the current day to day tenancy
agreement between the County and the City of La Porte "for the office space mentioned above
effective July 15, 1999. o.
Thank: you for your assistance with this matter. If you have any questions or if more information
is needed, please contact Mr. Jason Hall at (713) 755-8184.
Sincerely,
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Michael Yancey, AlA
Director
MYIDR/jgh
pc: Commissioner Jim Fonteno, Precinct 2
Dr. Thomas Hyslop, M.D., M.P.H., PHES
Mr. Jim Stanley, PHES
Mr. Dan Reissig, FPM
Fax Numbers: AdministrQtion (l J 3) 755-8802 . Rflal Estate (l13) 755-8804
,.
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RESOLUTION NO. 99- 23 - I
A RESOLUTION AUTHORIZING THE CREATION OF THE CITY OF LA PORTE
DEVELOPMENT CORPORATION UNDER SECTION 4B OF THE DEVELOPMENT
CORPORATION ACT, ARTICLE 5190. 6, V. A. T. S. ; APPROVING THE
CORPORATION I S ARTICLES OF INCORPORATION AND BYLAWS; APPOINTING THE
INITIAL SEVEN MEMBERS OF THE BOARD OF DIRECTORS OF THE CORPORATION;
AUTHORIZING THE CORPORATION TO ACT ON ITS BEHALF TO FURTHER THE
PUBLIC PURPOSE TO UNDERTAKE THE PROJECTS AS DESCRIBED IN SECTION 4B
OF ARTICLE 5190.6; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte
authorizes the creation of the City of La Porte Development
Corporation.
section 2. The City Council of the City of La Porte approves
the Articles of Incorporation and Bylaws of the City of La Porte
Development Corporation, in form attached hereto as Exhibit "A",
incorporated by reference herein, and made a part hereof for all
purposes.
Section 3. The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are residents of
the City of La Porte, and no more than four of whom are elected
city officials or city employees, to serve as directors of the
corporation without compensation, but with reimbursement for actual
expenses.
A director shall serve at the pleasure of the city
Council for a term of two years; however, the City Council may vote
to remove a director at any time without having to specify cause.
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:
Chuck Engelken, Jr.
3319 Gladwyne
La Porte, TX 77571
Jerry Clarke
931 South Third
La Porte, TX 77571
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Peter E. Griffiths
10034 Quiet Hill
La Porte, TX 77571
William S. Love, Jr.
9 Bay Harbor Drive
La Porte, TX 77571
Edward Matuszak
10443 Catlett
La Porte, TX 77571
117 Garfield
La Porte, TX 77571
Patricia Muston
Greg Kroll
11804 North H street
La Porte, TX 77571
Section 4. 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
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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.
Section 5. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this resolution and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 12th day of July, 1999.
By:
~ LA PORTE~_
-0 nia--~~-~
Mayor
ATTEST:
~4-{l.AuM
Ma tha A. Gillett
City Secretary
AP~._..) 'l!
aV1-~ U/ ~ '--Z;
Knox W. Askins
City Attorney
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 121B
LA PORTE. TEXAS 77572-1218
KNOX W. ASJ<'NS
.JOHN O. ARMSTRONG
CHARLES R. HUBER. .JR.
BOARD CEATI"'ED - CIVIL TRIAL LAW
TEXAS BOARD 0" L.EGAL. SPECIALIZATION
TELEPHONE 281 471-1886
TELECOPIER 2BI 471-2047
July J.3, J.999
Secretary of State
Corporation Division
Special Handling
P.O. Box J.2436
Austin, TX 78711
Re: CITY OF LA PORTE DEVELOPMENT CORPORATION
Dear Sir/Madam:
I enclose herewith triplicate copies of Articles of Incorporation
for CITY OF LA PORTE DEVELOPMENT CORPORATION, a non-profit
corporation, together with check in the amount of $35.00, payable
to the order of the Secretary of State, representing $25.00 filing
fee and $J.O.OO rush service.
Please file one original in your office, and issue two Certificates-
of Incorporation, to each of which please affix one of such
originals.
Thank you for your kind
assistance in this-matter~ 7
./ /
/
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ay?urs /YlJe~~,:~r. ..~y:-
, .t;;.. /
. .'{ry :llt
1 ox W. Askins
KWA: sw
Enclosures
cc: Mr. Robert T. Herrera
City Manager
City of La Porte
Mr. John Joerns
Assistant City Manager
city of La Porte
Mr. Jeff Litchfield
Assistant City Manager
/Director of Finance
City of La Porte
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
.JOHN D. ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R. HUBER. .JR.
BOARD CERTIFIED. CIVIL TRIAL LAW
TEXAS BOARD OF' LEGAL SPECIALIZATION
August 5, 1999
Mr. Jeff Litchfield
Assistant City Manager
IDirector of Finance
City of La Porte
City Hall
La Porte, Texas
Re: City of La Porte Development corporation
Charter Number 01544301-01
Dear Jeff:
I enclose for your files, original of certificate of Incorporation
issued July 28, 1999, to City of La Porte Development Corporation.
You should obtain a federal taxpayer identification number for this
Texas non-profit corporation.
I also enclose filing fee check, which was returned by the
Secretary of State. Apparently, the filing fee is waived on this
type of corporation.
~ truly,
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
RECEIV - --
ED
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AUG 0 9 1999 !
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ASS'T. CITY MGR./FINANC~: !
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5CrI-CHI Dv l .
m4t ~tah of mtxas
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JJLY 20' lCjQ.,
K 'I a '( \4 ,\ ) '< p' ~
702. ~ F .'\ i Q Mn,~~ ~~lJ'(
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c .~ A Q r ': F; ii !J M ~:k POi ~ ~ 43 01 - U 1
1- H~~ l.'\t:'-r: u!'r< l"L=~.:5U.{r.: Tu !\Pr'~UV,; ",J-J:J r'l.!~Ct: u~, Rt.CiJtlO THt 4~rr:;LES
LF r~~uPP1K~rIJ~ TiAT c~~~r~u (JJ~ CJ~~~~ArIU~. W~ ~Xl~~9 nu~ BtST
k!~~~~ =J~ ~Jr~~~~ T~ ('J~ ~t~ V~~fU~~.
A~ ~ c~o~n~~rTJNt fDu ~Qi 5JdJ~:f TO ~TAI~ TAX LAWS. 5QM~ NJ~-p~OFTT
L I) r~ " ,j q ... T 1 "Ii <; ;'.< c != 1. !: i'1 p r t- ';I. .;'~ Tit::' P '" Y h '7.11 T " f f ~t.l.. ~I ~ H! l:i :: i ~.x. ~) ~ .\)1.1 1'\ '" (
AL~') <3c ;.l('i::"'~T' l=i{.'1,'1 rHi; ~1\y:Ol:~lr uc: S#\LcS ~!~I) ;J)::: TAX al~ P'i!: ?Uf..Ci1I\)E
~~ TAXA~~~ TrC:M~. IF rJu FC~L friAr U~~E~ THE LA~ YOUR COPPO~ArIJN IS
t~rTrL~D TU ~c ~~~MPT fnU MU>T ~~p~y TJ fHe ,n~prqULL~R OF PJ~Ltc ~c-
LJ.;~T5 FUP TH~ ~XrMPrIJN. Trl~ ~2C~EThKY OF STATi CANNuT MAKi 5U~H
D~T~RM1~~Tin~ F~~ rn~~ CU~~JKAT!O~.
ll:: w.:: t: ^ i~ U c: fJ F r l./ ~ T ii n ):: f{ VIe E: A T ~ i.n' T l. ,., c:, 1> LEA S t: L f: T IJ S K ii 1 ~ .
vc<~~
Elton Bomer, Secretary of State
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m4t ~tah of mtxas
~tcrtta:ru of ~ta:h
CE~Tl~lCArc UF INCURPOK\rIU~
f)~
Clit UF LA ?l~Tc ~~V~LnpMcNT CORPURATION
C~A~r5{ NUM~~o ol~44301
THe 'Ji'i:1i:.1.)I..,N,:i). ~S sC::K.::r\,{y Of ;iTATi: OF TI'iE ST~TE OF r~'\..\s,
n~~~dY C=Rr!FT=~ THAf AOlTl~~FS J~ IhCaQPnR~rTON F~R THE A~nV;
(:':1r<.t'tJ':"..Tl'1i'~ uUL.Y 5lGI'4r\) A:o.I1) '/c::nFIt:;1) :>>u~~IJANT TO Tnt: PidJVI)tONS UF
TY~ ~ev~~~p~c~r ~n~PJPQTl"~ ACT UC t~1~, HAV~ u~~~ ~~CEIVE~ l~ TrltS
tlefre.-: ANn f,j(,C J:JlIdO TJ VJr~FUQM Tn Ud~.
A~~~~l.It~~~V Trl~ ~~~~~S!~~i~, AS SJCH ~~~q~TAPt UF STATE, ANU av
~~I!.'rJt: "f TH:: :-!JTHJP.l"'Y' V::~i;;f) IN T11: )r;L,:1.t.:TA~( liY LAW, HFt-:':uf rS$u'=s
f;-Il~ r.::QTTrT~qo: ''IF rN~OK.pL.lRl\i!ryl'" A~tJ Ai"fACHfS Ht:~l:TLJ A C(lpV JF po!:
AQTt~lc~ n~ l~C"KDjRATI~~.
LJ.~ f "=iJ J !.h. V'- 2., 1'1 ')~
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Elton Bomer. Secretary of State
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tTIqc ~tlttc of tTICXltS
SECRETARY OF STATE
CERTIFICATE OF INCORPORATION
OF
CITY OF LA PORTE DEVELOPMENT CORPORATION
CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Texas, hereby certifies that Articles of
Incorporation for the above corporation, duly signed pursuant to the provisions of the
Development Corporation Act of 1979, have been received in this office and are found to
conform to law.
ACCORDINGLY, the undersigned, as such Secretary of State, and by virtue of the
authority vested in the Secretary by law, hereby issues this Certificate of Incorporation and
attaches hereto a copy of the Articles of Incorporation.
Dated:
July 28, 1999
SM
Secretary of StaU
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Wlyc ~tatc of Wcxas
SECRET AR Y OF STATE
CERTIFICATE OF INCORPORATION
OF
CITY OF LA PORTE DEVELOPMENT CORPORATION
CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Texas, hereby certifies that the attached Articles
of Incorporation for the above named corporation have been received in this office and are
found to conform to law.
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority
vested in the Secretary by law, hereby issues this Certificate of Incorporation.
Issuance of this Certificate of Incorporation does not authorize the use of a corporate name
in this state in violation of the rights of another under the federal Trademark Act of 1946,
the Texas trademark law, the Assumed Business or Professional Name Act, or the common
law.
Dated:
Effective:
July 22, 1999
July 22, 1999
Secretary of SlaU
SM
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W4~ ~tat~ of W~xas
SECRET AR Y OF STATE
CERTIFICATE OF INCORPORATION
OF
CITY OF LA PORTE DEVELOPMENT CORPORATION
CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Texas, hereby certifies that the attached Articles
of Incorporation for the above named corporation have been received in this office and are
found to conform to law.
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority
vested in the Secretary by law, hereby issues this Certificate of Incorporation.
Issuance of this Certificate of Incorporation does not authorize the use of a corporate name
in this state in violation of the rights of another under the federal Trademark Act of 1946,
the Texas trademark law, the Assumed Business or Professional Name Act, or the common
law.
Dated:
Effective:
July 22, 1999
July 22, 1999
~J::,..-- ~
Secretary of Sta~
SM
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See rry ~ha r.1'.':~-::' U
re! :iry fjr~t'lJ!~ Cf t"e
<;. At., O#! i
J -, n'.1<as
UL 221999
Con>>o
I ratl!)n...
.."t;I "~/~~.
-.. (..:'!t~n
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:
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ARTICLES OF INCORPORATION
OF THE
CITY OF LA PORTE
DEVELOPMENT 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.
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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 ini tial Board of
Directors of the corporation is 7, and the names and addresses of
the persons who are to serve as directors are:
Chuck Engelken, Jr.
3319 Gladwyne
La Porte, TX 77571
Jerry Clarke
931 South Third
La Porte, TX 77571
Peter E. Griffiths
10034 Quiet Hill
La Porte, TX 77571
william S. Love, Jr.
9 Bay Harbor Drive
La Porte, TX 77571
Edward Matuszak
10443 Catlett
La Porte, TX 77571
Patricia Muston
117 Garfield
La Porte, TX 77571
Greg Kroll
11804 North H Street
La Porte, TX 77571
ARTICLE IX
The name and street address of each incorporator are:
Chuck Engelken, Jr.
3319 Gladwyne
La Porte, TX 77571
Jerry Clarke
931 South Third
La Porte, TX 77571
Peter E. Griffiths
10034 Quiet Hill
La Porte, TX 77571
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ARTICLE X
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 XI
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 13th
July, 1999.
^ ~
Q~~~/
Chuck Engelken'/ Jr.
.
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In 'h "-
~^_ ~ ~ .e Offi....e .4 .
'-'OC1'e!:irv Cj'r ~;--. c: toe
..' I ~'i:':rlQ Of '?;
..." . .oxas
JUL 221999
Cerporatlon5 S .
eot!On
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 non stock corporation.
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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:
Chuck Engelken, Jr.
3319 Gladwyne
La Porte, TX 77571
Jerry Clarke
931 South Third
La Porte, TX 77571
Peter E. Griffiths
10034 Quiet Hill
La Porte, TX 77571
9 Bay Harbor Drive
La Porte, TX 77571
William S. Love, Jr.
Edward Matuszak
10443 Catlett
La Porte, TX 77571
Patricia Muston
117 Garfield
La Porte, TX 77571
Greg Kroll
11804 North H street
La Porte, TX 77571
ARTICLE IX
The name and street address of each incorporator are:
Chuck Engelken, Jr.
3319 Gladwyne
La Porte, TX 77571
Jerry Clarke
931 South Third
La Porte, TX 77571
Peter E. Griffiths
10034 Quiet Hill
La Porte, TX 77571
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ARTICLE X
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 XI
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 13th
JUly, 1999.
d~ ~~~
Chuck Engelken, J .
TAX DEPARTMENT
TEXAS WORKFORCE COMMISSIONe
101 East 15th Street
Austin, TX 78778
TEXAS WORKFORCE COMAION
Austin. Texas 78778
00-000000-0 2,031
CITY OF LA PORTE DEVELOPMENT CORP OR
ATION
b04 W FAIRMONT PKWY
LA PORTE TX 77571-b215
11."11",1.1,1,1".1".11,11",,1,1,,,11.1,1,11...,1,.1,1,1,1
'.,
'If you employ workers in Texas, you may be liable for the payment of state
unemployment taxes. In our continuing efforts to keep Texas employers informed,
we are contacting anyone who recently registered with the Secretary of State.
This letter is to advise you of your potential liability and if possible, help
you avoid penalties and interest for the late payment of taxes. Registration
with the Secretary of State indicates an organization may have employees. The
Texas Unemployment Compensation Act requires Texas employers to register with
this Agency for unemployment insurance purposes.
You must complete and submit the enclosed Status Report (Form c-1), within 10
days if you:
a. Pay wages to one or more workers in Texas (this includes corporate
officers and contract labor)
b. Pay wages to domestic or agricultural workers in Texas (including
migrant or seasonal workers)
c. Acquire a previously owned business
d. Operate in more than one state and have employees in Texas
e. ,Change your organizational structure (e.g. Sole Owner to a Corporation)
DO NOT submit the Status Report if:
a. You have not pa i d any wages in Texas. (I f you intend to pay wages in
the future, please submit the Status Report after your first payment.)
b. Your organization is a Church
If you have any questions or need assistance preparing this report, please
write or contact the nearest Texas Workforce Commission Tax Office listed on
the back of this letter.
Status Section
Tax Department
Enclosure
000002737
Equal Employment Opportunity Employer
FOIN CISIGa fall)
otECTORV OF TAX OFFICE'
Tax related inquiries should be directed to the nearest local Tax Office.
TAX OFFICE P.O. ZIP STREET ADDRESS TELEPHONE
LOCATIONS BOX CODE
ABILENE 1361 79604-1361 826 HICKORY ST. 915-672-4361
AMARILLO 50015 79159-0020 7118 IH 40 WEST, BLDG. D 806-358-7481
AUSTIN 78753-4800 825 E RUNDBERG LN STE #F-4 512 -837 -8636
BEAUMONT 229 77704 405 MAGNOLIA 409-833-7421
BROWNWOOD 790 76804-0790 2202 HIGHVVAY 377 SOUTH 915-646-1591
BRYAN 153 77806-0153 801 EAST 29TH ST, 409-779-3743
CONROE 870 77305-0870 808 WEST DALLAS 409-539-9499
CORPUS CHRISTI 78408-3251 3649 LEOPARD ST.. STE. 15 512-882-2873
CORSICANA 3055 75151-3055 720 NORTH BEATON 903-874-8276
DALLAS GRAND PRAIRIE 534012 75053-4012 2102 WEST MAIN, GRAND PRAIRIE 972-641-6526
DENTON 1604 76202-1604 117 WARREN CT 940-382-1124
EAGLE PASS 4030 78853-4030 415 MONROE 830-773-9481
EL PASO 79925 6400 BOEING 915-774-0091
FORT WORTH 591 76101-0591 301 WEST 13TH ST. 817-335-5111
GALVESTON 149 77553-0149 1922 SEAL Y 409-763-8571
GARLAND 460550 75046-0550 217 10TH ST. 214-276-8361
HARLlNGEN 271 78551-0271 601 EAST HARRISON ST. 956-423-9266
HOUSTON 77081-2214 4888 LOOP CENTRAL DR. STE 300 713-661-3100
KILLEEN 10729 76547-0729 3000 SOUTH W. S. YOUNG 254-526-4124
LAKE JACKSON 588 77566-0588 491 THIS WAY ST 409-297-6400
LAREDO 702 78042-0702 5500 TESORO PLAZA 956-723-8261
LONGVIEW 2152 75606-2152 1125 JUDSON RD., STE. 119 903-758-9985
LUBBOCK 93300 79493-3300 4611 50TH ST., STE. D 806-791-4251
LUFKIN 150138 75915-0138 346 N. JOHN REDDITT DRIVE 409-639-1365
MCALLEN 2211 78502-2211 701 S. BROADWAY 956-686-8407
MCKINNEY 823 75070-0823 1713 W LOUISIANA 214-542-3381
MIDLAND-ODESSA 60445 79711-0445 9900 WEST 1-20 SERVICE RD. 915-563-2666
NACOGDOCHES 75964-6127 2103 SOUTH ST. 409-560-1441
PASADENA 77506-4888 1149 ELLSWORTH, STE. 100 713-472-6787
RICHARDSON 852650 75085-2650 1222 E. ARAPAHO, STE. 314 214-644-7083
ROUND ROCK 78753-4800 825 E. RUNDBERG LN STE F-4 512-837-8636
SAN ANGELO 76904-5052 2416 V ANDERVENTER, STE. 101 915-942-0616
SAN ANTONIO-NORTHEAST 78217-2508 4130 NACO-PERRIN 210-967-4503
SAN ANTONIO-NORTHWEST 78251-1647 8323 CULEBRA RD, STE. 102 210-681-2663
SAN MARCOS 1269 78667-1269 202 SOUTH C MALLEN PKY 512-353-2009
SHERMAN-DENISON 75091-1057 5904 TEXOMA PARKWAY 903-893-1111
SULPHUR SPRINGS 635 75483-0635 143 COLLEGE ST. 903-439-9313
TEMPLE 3189 76505-3189 2420 S. 37TH STREET 254-773-1607
TEXARKANA 241 75504-0241 1118 WOOD ST. 903-794-4163
TEXAS CITY 2787 77592-2787 101 29TH ST. NORTH 409-948-2571
TYLER 131629 75713-1629 3800 PALUXY DR.. STE. 105 903-581-2180
VICTORIA 3448 77903-3448 3708 N. NAVARRO, STE. E 512-572-8231
WACO 2300 76703-2300 925 COLUMBUS AVE 254-754- 5421
WICHITA FALLS 2491 76307-2491 1101 11TH ST. 940-767-0882
If offices list a P.O. Box number. the zip code shown is for the box number. If no box number is
listed. the zip code shown is for the street address.
Out of State Employers should contact the Status Section at 512/463-2731.
FORM C1SHBK (09981
MAIL 'It):
CASHIER
TEXAS WORKFORCE COMMISSION
PO BOX 149080
AUSTIN. TEXAS 78714-9080
www.twc.stale.lX.us
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STATUS REPORT
THIS REPORT IS RECUlRED OF EVERY EMPLOYING UNIT.
AND WILL BE USED TO DETERMINE LIABILITY UNDER THE TEXAS UNEMPLOYMENT COMPENSATION ACT.
(YOU SHOULD RETAIN A COPY FOR YOUR FILES)
, ,,'. ',':',,:..:; :';",;'''~,.;,~;,.;\ .-J~:.; (;A~?~~;'fio~1 IDENTIFICATION SECTION
I. ACCOUNT NUMBER ASSIGNED BY lWC (IF ANY) /2. FEDERAL EMPLOYER 10 NUMBER 3.
I. 0 CORPORAnDN
'. NAME 2. 0 PARTNERSHIP
3. 0 INDIVIDUAL (SOLE PROPRIETOR)
5. MAILING ADDRESS 8. 0 OTHER (SPECIFY)
t..".~'~.-!'If.'- "'!B'.".., ~"""'., "'~~.}"~.".;';~'~"'*i.;, "'T::~"ao{~
r~'.~~~:r~:':.~~-':l=..:'~" .;...~t~..4.;.a:.' &t..~\..;....t~~;-.~'I'~"'~:';.~~a:R.
TYPE OF OWNERSHIP (CHECK ONE)
o PROFESSlONALASSOClAnON
o UMITED PARTNERSHIP
..0 ESTATE
o STATEAGENC
o POLmCAL SUBDIVISION
5.0 TRUST
8. CITY I 7. COUNTY
"to. .. . l ..". ~ ". r.' .' ,- DORESS
· <"BUSINESs ADDRESS:,wAERE fiEcdRDs~OR":~~: A
: -.'~~'::., :t~\.;!:f.;i~~r;~~!~~~~~;~l~ff~:~~ CITY
I 8. STATE
111(81. ZIP CODE
9. PHONE NUMBER
( )
PHONE NUMBER
( )
, U, .-: ," .. NAME
, 'OWNERS' ~.
i '~;:::;':'Ofbi: ~ ~
: OFFICERS.:
<.' :iATTAC\1.' .
, 'ADOmo~...
- : .SHEET-IF ,':'
:NECESSARVi ..
.:..12.".,.. ".'>'t.:.. '. TRADENAME
~.' B.lJsINeSS".'
,..l:.QCAnON
." 'IN TExAs ~..
:'..J'~~L:~~
,.': '.SREErIFi
: '~l'4Ece.ssAAYIi(c
" ,.~ . ~ 'G.;
~3.: ." " ~. <. CHARTER NUMBER
", ,:'~r.lfY.OOR '.I:"~~;!
:' ':' :'.'~~SJ~ESS
~. . ,,1' '. .' ISrA. ;,~ ~'..-
t., CORPORATION,. ~ ORIGINAL CORPORATE NAME, IF DIFFERENT THAN ABDve
~'::~~~: :)..:r
SOCIAL SECURITY NUMBER
I STATE
TITLE
ZIP
RESIDENCE ADDRESS. CITY. STATE, ZIP
STREET ADDRESS. CITY, COUNT
KIND OF BUSINESS
NUMBER OF
EMPlOYEES
STATE INCORPORATED
DATE INCORPORATED
REGISTERED AGENT'S NAME
REGISTERED AGENTS ADDRESS
. ..~'.' . " ,;.: :.':~.~ ';~:'::~:'::~i" ,.:~.';<': .'>..~I EMPLOYMENT SECTION I .._
'.14. . .' ..... ..'":;....~..,. .....a..~._ ...~. ,.~.:'1~:-;:.~. -. ,,-,~"1-' ;..;'~~~t'l"": -'li...<.... .~;:;"7". .''j.'i c~;.~, ~.:"r..-I.; :
" _ ENTER THE DATE. ON WHICH:YOUR:ORGANlZAnON FlRST'EMPLOYED SOMEONE IN TEXAS:' . :.:,.. I.
. . ..... .;..;.........~.e-'. .>~..~. I.:......... ...;.::.... ....;.....':'.'....l....~...,.....:......"~ .....~...
'15. .... . '.:'. ',' '0' ~_L' :;'. .~ll;.','-L~:;'I'"".,,;-'" '.. -..:". :.~:........ ....:,... . ... '.. 1.1.) {. ~,'.J,,~~., '.;
, ENTER THE. DATE: ON WtiiCHYOUBORGANIZA'nON1FiRsT..pAn:fwAGES:ro SOMEdNE ltoi'TEXAS:: ',:
." ~'... - '.. .... ~. '_. .:~... ~..!~ :: ... .,~~~4 :'~..:~;~!:~:::~.t::i.~.;~~;.: 1?"~~~:~;}:..:':-~ .,;{;."i";';.~:':'~~ ~;. :';'~~."~'*~~t'~ ~;~:.: ="r ~~..' ....
18. ....,. ... .,.,' .. ,."",........_ ..... ..,j.;..~., ....._................ ,"rl.-~~''1''~''~' ,';4
""'. ...aitE:"R THE'DATeY.OUR'C)fioANlZAnON RESUMED EMPLOYING sOMEONe IN TexASi'.
.. f~, Y~~~ ~~:~N:r;:'~: :',;;.>.;'.:~:'. .~.~~/: ;:~i.:~t?:'~~:'7,C'.F:;,:': T '.'t.,: 'J:' :,,:.: :~:,;'.,:_.-.~::.:"?~:t.:~;: ":'::;::":;.
'. . 'INAcnVE: .....,., >:'::'eHreRTHE~~,.e:';OUR6RGAN~n~'RESUMEDPAYINGWAGESINTeDS:
.,. . .'" "':,:t. -:~', ::('~~j;',; "'::':0(i~?r::;'.;:;>;n::',~,:, :..>:'~~:'~':~;~'" f.\-. .:~ :~:~';~~::.~.~f.:;-:i.:"':
. 17. . ......... . ." _'-.. . ." :.": "';" .:.~..'... of'" ..:' ."......... . I" ~.. ..' .... .. . I....... . '.,.'
. ENTER THE ENDING DATE' OF lltETWENTlErH'WEEK:Or# EMPLOYMENT IN THE CALENDAR YEAR IN,WHICH THIS.
.'. '~~'.: :.. .', /;.'.' .:',:;~~~~:~:"::o~.~~.~~'ri~~~~~,~~~~~~t~~E~~~~~N~~~~~JM.~~:
:1&. . - ~ . -:-.': ~--:"F".~..:-~;'~;' ...I..t;':-....~.':"'..:;.~I I. t...:... 4""........;~.....:-.~. "..' .......:... ". .:.-~..4''''''': ;;....:..;j..t...,..~..i...'Ioto(.
.IF. VOUR,ORGANIZATiON'HASP~~:'~AG~.OF:$1.,OIt.MOR2"'.,. ~C'ALENDARQUARi'ERi:ENTER'JHE'ENDING'
..' '.: .".', .....'.,. ':".:.'I:'~"7 .~'.,,"'.'t;.t;';"".DATEOFTHE:F1RSTQUARTER'INWHICH,THIS.OCCURRED:.,
..~ . .t... ' .. . :1". ".:' _". ~. ..t-_.j.....~"t>""..I..;/I'; \'",.-.J:' . ,.....~ "\'~~.~. '':.;::.'"i....,~.~, ~ If.,:.. ].::~ r '.' ,'I ~:~. .....:-. J.', .. "_ . ....._ :. 7. >' .;,,'. . .I..'~.h."'-"'" ,:'" .... . :. . :.
'8: .' . . -_;'':''j" ~ :"j..: ,,,,~~,.,,,,,,,,,..;'~.;:-';~"" -'I':-'~:" "'~:~-.: ...._ ,< .'. ..'t.."J+-i':~'.l.,.t.t":;t ,~,,,,".:
- . IF YOU HOLD AN EXEMPTION FROai.-fEDEAALINCoME"tAXESUNDER'INTERNAL.REVENUE CODE SEC'nON .
'. . 501 (C)(3), ATTACH A ~PYOF.Y~~'~fJTIQ!Jt~ALSO; ~~THEENDI~~DATE.OI7,iHE'~ETH.
. . , ., .'.'. ."." .WEEKOFTHECAtENDAR.'IEAR'IN,:WHIct't4'OR,MORE:PERSONSWEREEMPtoYEDIN.TEXAS:.
'.~ .!F THE BUsiNESs -;'..:. PREVIOUS OWNER'S TWC ACCOUNT NUMBER (IF KNOWN) ~. ;~~:fE"':6~'~i:~ui~~iN.(~.j'':-f'~~;-:::'
. '. IN TEXAS t ~', .'>r. '" . .-:~ ,.,,~.!'.,. :' .~_. .'..., ..
WAS ACQUIRED, . NAME OF PREVIOUS OWNER I ADDRESS
"FROM'ANOTHER. .:"
.: ", If.Eo:r~ ; ..~~ :: .' ~ :..'"t!'.~.~'\I':'t. . ',::,:::. :-J!'t'Z;~Wk::'t::1?-i r-;!~.;,.....tIilt'i,::t.!'1': {..: " .:~: ~:"".' ,i.. ~'~'.!'I;b~._ ';-:1 0 AU
'. .,~. - ~ ... ". ..~ .:- . WHAT ~Q.AnON9Fr!i~:B~SIN.~..WAS.~CQUiRE~~~ :,:;~: (~HEc;~ 9~E) .:1 0 PART (SPECIFY
21. . ". . '....;.... <, ...........Jr..:'.-.d..,.,:::..._-;..;.::.1:..~,.,...",...t:.l-_\...~"Iol'_.:_.,:..
.~E.R..THE YEAR(S) ~oiJR:ORG.UllZAn9NWAs:~LE'FO~':rAxES:. }t~',
. UNDER THE FEDERAL UNE:MPLOYMENT~~ .~gr::. / . .,' ',:" ':~!:.:
" .... "".:' ......;(BEGIN.WJTH.MOSTRECENTVEAR)'~ 11'.70;....:.::..' .:""',1., ..qt""";,;,,,
'" ........
..~;....:.
'. ~~.
-. ~ i'_
'~:-;~.f.:~i.::. .~I::~:;::~.~:~...:;i
MONTH
DAY
YEAR
CITY
STATE
C.1(03991Inv, No. 518050
(CONTINUED ON REVERSE SIDE)
':~~~'~.;~:'Y~:'::;;~~',: .:'~::':'::'''> /;'.>-~~,~:".~'.~'~~.,_., ~. ..,. LO~.~.:,~T. S.~C;ION. :-, ~~,~::~~~,~~_-',,:.. . . '. '.' . '.
'DOES:'THIS'ORGANIZAll0N"EMPt'OY:ANYU~S~ CrnzENS.OUTSIDE'OF'THE UNlTEDSTATES? :1 0 YES
. .. ' '.,', ':::i:-" ';.~'" -. ,.. .."~. ':",: DOMESTIC - HOUSEHOLD EMPLOYMENT SECTION ..
"'. ~', ~r. ,,:~~;: :; .),'. .. ,.' COMPLE.'lE 23' ONL 'f.lF'YOU:HAVEDOMESTIC:OR'HOUSEHOLD EMPLOYEES
....- ..' .," .:~' .......: .~. ~.."..~ ~:. .;~i~.'~liN~UDESMAIDS,:COOKS,CHAUF%EiJRS.:GAF.uier;iERS: ETC:l .." -
:23., : ,'. . .. .' .' ..' .< '." ..... ,,-'c'..~. ".,., ...., . :"'. -. '. . -.:;..'.....,.;.... -:-.-'l'.",.. _ ] MONTH I DAY
.-: ~~~~~~~!'.~~,~~~~F.:THE:I!.i~~~D~~Q"'AR1FR,INWHICH.VOUP."'DG.~t~~~t,Q,~~.~::. .
._ . '...._ ....'.... .... ORMORETO.EMPLOYEES'PERFORMING.DOMESTICSERVICE.. _"100 __ . .
-f~..f~::t.:;~?~~:~::->"':::,!!,::'~:_;~-,:;'~:~~~~.i::~ NATURE OF ACTIVITY SECTION r.;...,,~::'
: . . . = . ..... " ~~~ ~.."tr~
o NO
. . .' ..... .. ~ .. :..r':"J.
...... .:..... -'R
'" ....
. :: .". '.~
....
I YEAR
,:-.'.. -
". .W.,
.' ~..
........ ~"~ ..... ..
.~.;:.;~;o._.~\.... ~-::
24t. ...~...:.::'i.._4w... ~......,.. ....,....:..~-:: " .\~.'~-"Jo
: :.D,~R"BcFUl.E:Y;-"{HE.N~TURI:':.::.
:.;" 9PACTlVITY:IN!:IE(AS,.AND:",~,
UST THEiPRINCIPAl. PRODUCTS:
" .I"'.Q.RDER OF:IMP.OJrfANeE:~~i
.'. ':" .~.~I.~."~."'- .:~. ...... ~ _~.:
25, INDUSTRY CODE NUMBER
SELECT ONE OF THE SHORT TITLES BELOW WHICH MOST CLOSELY DESCRIBES YOUR
BUSINESS OPERATIONS IN TEXAS AND ENTERS THE APPROPRIATE CODE IN THE SPAC
PROVIDED. ~
. CODE SHORT TITLE CODE SHORT TITLE CODE SHORT TITLE
01 Agricultural Production. Cropa 36 Electric and Electronic Equipment 64 Insurance Agents, Brokers;' Service
02 Agricultural Production - Livestock 37 Transportation Equipment 65 Real Estate
07 Agricultural Services 38 Instruments and Related Products 67 Holding and Other Investment Offices
08 Forestr 39 Miscellaneous Manufacturing Industries 70 Hotels and Other Lodging Places
09 FIsh, Hunting, and Trapping Nonmanufacturlng 72 Personal Services
10 Metal Mining 40 Railroad Transportation 73 Business Services
12 Coal Mining 41 Local and Interurban Passenger Transit 75 Auto Repair, Services, and Garages
13 011 and Gas Extraction 42 Trucking and Warehousing 76 Miscellaneous Repair Services
14 Nonmetallic Minerals, Except Fuels 43 U.S. Postal Service 78 Motion Pictures
15' General Building Contractors 44 Water Transportation 79 Amusement" Recreation Services
16 Heavy Construction Contractors 45 Transportation by Air 80 Health Services
17 Special Tracie Contractors 46 Pipe Unes, Except Natural Gas 81 Legal Services
Manufacturing 47 Transportation Services 82 Educational Services
20 Food and Kindred Products 48 Communication 83 Social Services
21 Tobacco Manufacturers 49 Electric, Gas, and Sanitary Services 84 Museums, Botanical, Zoological Gardens
22 Textile Mill Products 50 Wholesale Trade-Durable Goods 86 Membership Organizations
23 Apparel and Other Textile Products .51 Wholesale Trade-Nondurable Goods 87 Engineering, Accounting, Research,
24 Lumber and Wood Products 52 Building Material" Garden Supplies Management
25 Furniture and Fixtures 53 General Merchandise Stores 88 Private Households (Inc. Domestic
26 Paper and Allied Products 54 Food Stores Employment)
27 Printing and Publishing 55 Automotive Dealers" Service Stations 89 Miscellaneous Services
28 Chemicals and Allied Products 56 Apparel and Accessory Stores 91 executive, Legislative, and General
29 Petroleum and Coal Products 57 Furniture and Home Furnishing Stores 92 Justice, Public Order, and Safet
30 Rubber and Misc. Plastics Products 58 Eating and Drinking Places 93 Finance, Taxation" Monetary Pollc
31 Leather and Leather Products 59 MIscellaneous Retail 94 Administration of Human Resources
32 Stone, Clay and Glass Products 60 Depository Institutions 95 Environmental Quality and Housing
33 Primary Metal Industries 61 Nondeposltory Credit Inatltutlons 96 Administration of EconomIc Programs
34 Fabricated Metal Products 62 Security, Commodity Brokers" Services 97 National Security and Inti. Affairs
35 Machinery, Except Electrical 63 Insurance Carriers 99 Nonclassiflable Establishments
~~.: 1::;:~I~.::::..~~/'l:~'. !. ~:'~\";.;::a~' ..:'~;.,..........~;:~.~:~.t ~~~~~ VOLUNTARY ELECTION SECTION .~: 7.1~j.~'~- : :: ~~ ; ."~: :;,~.: :~;~ :~~i:'~.' '~}~~J::~"!;~i~!
26.
IF YOU ARE NOT LIABLE UNDER A COMPULSORY PROVISION OF THE TEXAS UNEMPLOYMENT COMPENSATION ACT, AND YOU WISH TO
VOLUNTARILY ELECT COVERAGE FOR YOUR EMPLOYEES, SELECT ONE OF THE FOLLOWING AND ENTER THE YEAR YOU WISH LIABILITY
TO BEGIN:
o ALL EMPLOYEES -
o ALL EMPLOYEES, EXCEPT THOSE PERFORMING SERVICE WHICH ARE SPECIFICALLY EXEMPT IN THE TEXAS
UNEMPLOYMENT COMPENSATION ACT.
BEGINNING JAN. 1, _ IT IS UNDERSTOOD AND AGREED THAT AT THE END OF 2 YEARS FROM THIS DATE, OR AT THE END OF ANY
VR CALENDAR YEAR SUBSEQUENT THERETO, YOU MAY WITHDRAW THIS ELECTION BY FILING A WRITTEN
REQUEST. lIF THIS ELECTION IS APPROVED, WE WILL NOTIFY YOU OF YOUR ACCOUNT NUMBER).
:.'~.i:>.:-:,:-~'!' ,,': "-~-:;.i~:.;;i~~'~ FARMORRANCHEMPLOYMENT .... .. ". '., :".'~:;',',:':.~.:f:~:":~::;.~~
21:" '.7" :00 YOU HAVE ANY EMPLOYMENT.IN tEXAS ON.A FARM OR RANCH?:'+- .:. -- '.' ....
iF .YES~. WE WILL SUPPL V'VOU WITH A:SEPARATE.sfATUS REPoRT TO DETEIUllNEFVOWARt'uABLE FO'R YC)UR". YES 0 NO 0
," . -. '. .:'.'j....;:",FARM.OR.RANCH'EMPLOYEE&.,..-:, ';'>'-4. ';;';;.:.:':;. ~;.:.r..:.;;~~;';;-'_..:'/.:.., .
'~,---:-'''''':"'::.:''I;'.'''''-- ; ....... ,...,;i, '.~:~~:-:;, SIGNATURE SECTION : :;:-;.. ..- '... .,<..::.,.i.:':;';c:;>'''":~-;t5~j
28. I HEREBY CERTIFY THAT THE PRECEDING INFORMATION IS TRUE AND CORRECT, AND THAT I AM AUTHORIZED TO EXECUTE THIS
STATUS REPORT ON BEHALF OF THE EMPLOYING UNIT NAMED HEREIN.
(THIS REPORT MUST BE SIGNED BY THE OWNER, OFFICER, PARTNER OR INDIVIDUAL FOR WHOM A VALID
WRITTEN AUTHORIZATION IS ON FILE WITH THE TEXAS WORKFORCE COMMISSION\
T MONTH I DAY I YEAR
SIGNATURE:
DRIVER'S LICENSE NUMBER
DATE OF
SIGN HERE~
TITLE~
C-1BK(0399)
..
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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:
ARTJ:CLB J:
The name of the corporation is "CITY OF LA PORTE DEVELOPMENT
CORPORATION" .
ARTJ:CLB J:J:
The corporation is a nonprofit corporation.
ARTJ:CLE J:J:J:
The duration of the corporation shall be perpetual.
ARTJ:CLE J:V
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.
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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:
Chuck Engelken, Jr.
3319 Gladwyne
La Porte, TX 77571
Jerry Clarke
931 South Third
La Porte, TX 77571
10034 Quiet Hill
La Porte, TX 77571
Peter E. Griffiths
William S. Love, Jr.
9 Bay Harbor Drive
La Porte, TX 77571
Edward Matuszak
10443 Catlett
La Porte, TX 77571
Patricia Muston
117 Garfield
La Porte, TX 77571
Greg Kroll
11804 North H street
La Porte, TX 77571
ARTICLE IX
The name and street address of each incorporator are:
Chuck Engelken, Jr.
3319 Gladwyne
La Porte, TX 77571
Jerry Clarke
931 South Third
La Porte, TX 77571
Peter E. Griffiths
10034 Quiet Hill
La Porte, TX 77571
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ARTICLE X
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 XI
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, subj ect 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 13th
July, 1999.
ekd- ~~
Chuck Engelken, Jr. I .
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ASKINS & ARMSTRONG.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 121B
LA PORTE. TEXAS 77572-1218
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P. C.
KNOX W. ASKINS
~OHN ~ ARMSTRONG
CHARLES ~ HUBE~ ~~
BOARD CCRT,,.'ED . CIVI", TRIAL LAW
TEXAS BOARD Q,. LCGAL SPECIALI%AflON
July 13, 1999
Secretary of state
Corporation Division
Special Handling
P.o. Box 12436
Austin, TX 78711
Re: CITY OF LA PORTE DEVELOPMENT CORPORATION
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TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
Dear Sir/Madam:
I enclose herewith triplicate copies of Articles of Incorporation
for CITY OF LA PORTE DEVELOPMENT CORPORATION, a non-profit
corporation, together with check in the amount of $35.00, payable
to the order of the Secretary of State, representing $25.00 filing
fee and $10.00 rush service.
Please file one original in your office, and issue two Certificates
of Incorporation, to each of which please affix one of such
originals..
Thank you for your kind assistance in this"matte,;-,/,7
aYOti~s,velli:1Y :.
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: ox W. Askins
KWA:sw
Enclosures
cc: Mr. Robert T. Herrera
City Manager
City of La Porte
~~
Mr. John Joerns
Assistant City Manager
City of La Porte
Mr. Jeff Litchfield
Assistant City Manager
/Director of Finance
City of La Porte
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIR....ONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
.JOHN O. AR....STRONG
CHARLES R. HUBER, .JR.
BOARD CERTIF'lE'O - CIVIL TRIAL LAW
TEXAS BOARD OF' LEGAL SPECIALIZATION
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
June 29, 1999
Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
Dear Martha:
I enclose Resolution for the July 12, 1999, meeting, authorizing
creation of the City of La Porte Development corporation. .
I also enclose a letter to the Texas Secretary of State together
wi th attached duplicate copies of proposed Articles of
Incorporation of the City of La Porte Development Corporation.
This letter is dated for the day after the Council meeting, July
13, 1999. Please have signed by Messrs. Engelken, Clarke and
Griffiths. Their signatures do not require notarization, but they
should sign both copies. Attach a City of La Porte check, payable
to the Texas Secretary of State for $35.00, and mail. I have
enclosed an envelope for mailing.
/\
ay~~;:y truly,
7 -,~t~
nox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
~OfLapot
Interoffice Memorandum
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To: Mayor and Council Members
From: ~itchfield, Director of Finance/ACM
Date: DUlY 12, 1999
Subject: Additional Information for Council Agenda Item Number 7
At tonight's meeting, Council will be asked to consider the approval of a resolution that
establishes the creation of the City of La Porte Development Corporation and approves the
Corporations Articles of Incorporation and Bylaws.
In reviewing the agenda for tonight's meeting, I noticed a copy of the Bylaws was not included as
part of the backup for item 7. I have attached a copy of the Bylaws. The Council has previously
reviewed the bylaws at their April 26, 1999 and May 17, 1999 City Council meeting. There have
been no changes to the document since the May meeting.
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.
Attached is a copy of the By-Laws and Articles of Incorporation for t 4B Development
Corporation. In additon a copy of the Resolution 99-23. Originals are filed in other
vault files.
.
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RBSOL:uTIOR HO. 99--2!...
A U80LU'l'ION AU'l'HORIZIllG HB CRBATION 01' DB CIn 01' LA PORTB
DBVBLOPKDI'r CORPORATION URDBR SECTIOII 41 01' '!'JIB DBVBLOPJIBII'.r
CORPORATIOII ACT, ARTICLB 5190.6, V .A. T. S. ; APPROVIJlG '.rHB
CORPORATIOII' S ARTICLBS 01' IllCORPORATIOII AID) BYLAWS; APPOIIITDtG DB
IJlITIAL SBVD xmmns 01' THB BOARD 01' DIUCTORS 01' THE CORPORATIOII;
A'DTHORIZIlfG DB CORPORATIOII '1'0 ACT 011 ITS B~t.l' '1'0 I'URTHER '!'JIB
PUBLIC PURPOSB '1'0 URDBR'1'AKB HB PROJBCTS AS DBSCRIBBD Dt SBCTION 4B
01' ARTICLB 5190.6; PI!TDI!lG COKPLIAltCB 10:9 DB OPD XBBTDrGS LAW;
um PROVIDDlG AN BJ'PBCTIVB DATB HBRBOI'.
BB IT RESOLVED BY" '!'JIB CITY COUllCIL 01' THE CIn 01' LA PORTB:
section 1.
The ci ty Council of the ci ty of La Porte
authorizes the creation of the City of La Porte Development
Corporation.
Section 2. The City Council of the City of La Porte approves
I
the Articles of Incorporation and Bylaws of the City of La Porte
Development Corporation, in form. attached hereto as Exhibit "A",
~ncorporated by reference herein, and made a part hereof for all
purposes.
Section 3. The City Council of the City of La Porte hereby
appoints the fOllowing named persons, all of whom are residents of
the City of La Porte, and no ~ore than four of whom are elected
city officials or city employees, to serve as directors of the
corporation without compensation, but with reimbursement for actual
expenses.
A director shall serve at the pleasure of the City
Council for a term of two years; however, the City Council may vote
to remove a director.at any time without having to specify cause.
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:
Chuck Enqelken, Jr.
3319 Gladwyne
La Porte, TX 77571
931 South Third
La Porte, TX 77571
i.
Jerry Clarke
.
.
Peter E. Griffiths
10034 Quiet Hill
La Porte, TX 77571
William S. Love, Jr.
9 Bay Harbor Drive
La Porte, TX 77571
Edward Matuszak
10443 Catlett
La Porte, TX 77571
117 Garfield"
La Porte, TX 77571
Patricia Muston
Greg Kroll
11804 North H street
La Porte, TX 77571
Section 4. 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 nnd events, open space
improvements, learning centers, municipal buildings, mu~eums and
related stores, restaurant, concession, and automobile parking
facili ties, 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 improveme~ts or facilities that are related to any of the
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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.
Section 5. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meetinq of the city C9uncil was
posted at a place convenient to the public at the City Hall of the
City for the. time required by law pr.ecedinq this meetinq, as
required by the Open Meetinqs Law, Chapter 551, Texas Gove~nment
Code; and that this meetinq has been op.en to the public as required
by law at all times durinq which this resolution and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 12th day of July, 1999.
CI}70F : PORTE ~.
lHlife~ ~
Mayor
By:
ATTEST:
~O.M.&1
Ma a A. Gillett
City Secretary
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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 IIUnit"), 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 IIAct"), do hereby adopt the following Articles of
Incorporation for such corporation:
ARTICLES OF INCORPORATION
, OF THE
CITY OF LA PORTE
DEVELOPMENT CORPORATION
In ''h FI1..2D
S6c . fJ C~
rel.{lry Of ~i"e cr t..
...tilt:! 0( 118
JU . Texas
L 2 2 1999
C~Orat'o .
f?.s
ARTICLB I
The name of the corporation is "CITY OF LA PORTE DEVELOPMENT
CORPORATION II .
ARTICLB Il:
The corporation is a nonprofit corporation.
ARTICLB III
The duration of the corporation shall be perpetual.
. ARTl:CLB 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 St'atutes, as amended (the IIActll),
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 ~imited to projects for the promotion of
amateur athletics and sports includinq ball parks, auditoriums,
projects related to entertainment, convention, tourist, and
exhibition facilities, amphitheaters, concert halls, and public
parks, park facili ties and events, open space improvements,
learning centers, municipal buildings, museums and related stores,
. res~aurant, 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.
ARTICLB V
.
The corporation has no members and is a nonstock corporation. ~
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ARTJ:CLB VJ:
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The corpor:ation' 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'I), under whose auspices the corporation is created.
AR'l'J:CLB VJ:I
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.
AR'l'J:CLB VJ:IJ:
The number of directors consti tut1ng the ini tial Board of
Directors of the corporation is 7, and'the names and addresses of
the persons who are to serve as directors are:
Chuck Engelken, Jr.
Jerry Clarke,
Peter E. G~iffiths
William S. Love, Jr.
Edward Matuszak
Patricia Muston
Greg Kroll
3319 Gladwyne
La Porte, TX 77571
931 South Third
La Porte, TX 77571
10034 Quiet Hill
La Porte, TX 77571
9 Bay Harbor Drive
La Porte, TX 77571
10443 Cat~ett
La Porte, TX 77571
117 Garfield
La Porte, TX 77571
11804 North H Street
La Porte, TX 77571
ARTJ:CLB IX
The name and street address of each incorporator are:
Chuck Engelken, Jr.
Jerry Clarke
Peter 'E. Griffiths
3319 Gladwyne
La Porte, TX 77571
931 South Third
La Porte, TX 77571
10034 Quiet Hill
La Porte, TX 77571
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ARTICLE X
The Governinq 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 XI
These Articles of Incorporation may at any time a~d from time
to time be amended by the Board of Directors or by the Governinq
Body, subject to such restrictions and in accordance with such
procedures as may be provided in the Bylaws of the corporation; so
lonq 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 13th
JUly, 1999.
" ~
~ JJ;J /'
Chuck Engelk~Jr. '-
(c,
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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 48, Vernon's
Annotated Texas Civil Statutes, as amended (the 'Act').
ARTICLE I
PURPOSES
General Purposes
1,01. The Corporation acts o~ 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
48 of the Act.
Powers
1.02. The Corporation has all the powers both express and implied, granted to corporations
governed by Section 48 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
Fairmorit 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.
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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 Directo~ 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 th9 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 rE;!quired 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
attendance.
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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.
_. ~.ctions of Board of Dil:'ectors
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.
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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.
ARTICLE IV
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.
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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,
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. 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 direct.or 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.
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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, Chaptet552 (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.
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ARTICLE VIII
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 th.eir 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 us~d 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.
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Fiscal Year
9,06. The fiscal year of the Corporation shall begin on the first day of October of each year
<<1lnd 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.
.1999
4
resident of the Board
CERTIFICATE OF SECRETARY
I certify that J am the duly elected and acting secretary of the CITY OF LA PORTE
DEVELOPMENT CORPORATION, and the foregoing Bylaws constitute the Bylaws of the
Corp9rlition. These, Bylaws were duly adopted at a meeting of the Board of Directors held on
the b9- day of ~8.Q (" ,1999, and approved and ratified by the City Council of the
City of La Porte, Texas, at a meeting held on the ~ay of :T&.t.lll , 1999.
I
Signed this rIJ- day of fOGJvA-t(
,1999.
~t/tllJtL tt. ~~
Secretary of the Corporation
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Exhibit B
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City of La Porte
Bond Maturity Schedule
Certificate of Obligation Bonds, Potential Series 2000
Dated 2/15/00 - 4.4% to 6.3% Varied Interest
Fiscal Principal Interest Interest Total Debt
Year February 15 Rate Total Requirements
2000 173,875.00 173,875.00
2001 325,000.00 4.40 340,600.00 665,600.00
2002 325,000.00 4.50 326,138.00 651,138.00
2003 325,000.00 4.60 311,350.00 636,350.00
2004 325,000.00 4.70 296,238.00 621,238.00
2005 325,000.00 4.80 280,800.00 605,800.00
2006 325,000.00 4,90 265,038.00 590,038.00
2007 325,000,00 5.00 248,950.00 573,950.00
2008 325,000.00 5.10 232,538.00 557,538.00
2009 325,000.00 5.20 .215,800.00 540,800.00
2010 325,000.00 5,30 198,738.00 523,738,00
2011 325,000,00 5.40 181,350.00 506,350.00
2012 325,000.00 5.50 163,638,00 488,638.00
2013 325,000,00 5.60 145,600.00 470,600.00
2014 325,000.00 5.70 127,238.00 452,238.00
2015 325,000.00 5,80 108,550.00 433,550,00
2016 325,000.00 5,90 89,538.00 414,538,00
2017 325,000.00 6.00 70,200.00 395,200.00
2018 325,000.00 6,10 50,538.00 375,538.00
2019 325,000.00 6.20 30,550.00 355,550.00
2020 325,000.00 6.30 10,238.00 335,238.00
Total 6,500,000.00 3,867,505.00 10,367,505.00
These proposed bonds are expected to be sold to support Capital Projects being funded by
proceeds from the Section 4B 1/2 Cent Sales Tax that was approved by the voters 1/16/99.
The first two projects expected to be completed are the Community Library and the extension
of Bay Area Boulevard.
(1
City of La Porte, Texas
Long Range Projection for the La Porte Development Corporation
Section 48 1/2 Cent Sales Tax
Projected
2006-07
Projected
2005-06
Projected
2004-05
Projected
2003-04
Projected
2002-03
Projected
2001-02
Projected
2000-01
Projected
1999-00
Estimated
1998-99
Projected
2007-08
450,617
561,933
721,250
926,234
785,493
45,210
o
Beg Working Capital Balance
e
429,170
1,096.563
13,042
1.109,605
381.711
1,069,817
10,468
1.080,285
389,715
1,043,724
9,310
1.053,034
1,018,267
9,505
1,027,773
993,432
10,991
1,004,422
969,202
13,706
982.907
945.563
17,591
963.154
922,500
22,591
945,091
900,000
19.158
919,158
50.000
210
50.210
Plus Revenues:
Sales Tax
Interest
Total Revenue
5,000
557,538
441,500
1.004,038
5.000
573.950
453,875
1.032,825
5.000
590,038
466,000
1,061.038
5,000
605.800
477,875
1,088,675
5,000
621,238
489.500
1.115.738
5.000
636,350
500,875
1,142,225
5,000
651,138
512.000
1,168.138
5,000
665.600
133,750
804.350
5.000
173,875
o
178,875
5.000
o
o
5.000
Less Expenses:
Operations
$6.5 Issue In 99-00
$5 Issue in 00-01
Total Expenses
785,493
45.210
Ending Balance
e
534,737
429,170
381,711
389.715
450,617
561.933
721,250
926.234
Assumptions:
Annual growth of the 1/2 cent Sales Tax will be at 2.5% per year.
Interest will be earned at 5% on average balance
A debt Issue of $6.5 million will occur In February 2000
A debt issue of $5 million will occur in February 2001
be about 2010 before another debt issue could be supported.
wil
true,
If thesG assumptions hold
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Long Range Projection for the La Porte Development Corporation
Section 48 1/2 Cent Sales Tax
Projected
2006-07
Projected
2005-06
Projected
2004-05
Projected
2003-04
Projected
2002-03
Projected
2001-02
Projected
2000-01
Projected
1999-00
Estimated
1998-99
Projected
2007-08
785,493
45,210
o
Beg Working Capital Balance
-
440,864
1.096,563
24.372
1.120.935
939.244
1,069,817
10,753
1,080,570
467,650
1,043,724
22,908
1.066,632
48,n6
1,018,267
11,406
1,029.673
680,393
993,432
1,190
994,621
335,947
969,202
16,595
985,797
38.328
945,563
8,194
953.756
922,500
935
923,435
900.000
19.158
919.158
50.000
210
50,210
Plus Revenues:
Sales Tax
Interest
Total Revenue
5,000
557,538
o
562.538
5,000
573.950
1,000,000
1,578.950
5,000
590,038
o
595,038
5,000
605,800
o
610,800
5.000
621.238
1,000,000
1.626,238
5,000
636.350
o
641.350
5.000
651.138
o
656.138
5,000
665.600
1,000,000
1,670.600
5,000
173,875
o
178,875
5,000
o
o
5,000
Less Expenses:
Operations
$6.5 issue in 99-00
Pay as you go Method
Total Debt
785,493
45,210
Ending Balance
e
999,261
440,864
939,244
467,650
48,n6
680,393
335,947
38,328
Assumptions:
Annual growth of the 1/2 cent Sales Tax will be at 2.5% per year.
Interest will be earned at 5% on average balance
A debt issue of $6.5 million will occur in February 2000
About $1 million In projects will be done every three years.
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Exhibit C
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. SOX 121S
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
.I0HN D. ARMSTRONG
TItLEPHONIt 2S1 471-ISS8
TItLECOPIER 2S1 47'-2047
CHARLItS R. HUSER, .IR.
80ARO CERTI,.,EO . CIVIL TRIAl. LAW
TEXAS 80ARO 0,. LEOAI. SPItC\AI.,ZATION
Auqust 5, 1999
Mr. Jeff Litchfield
Assistant City Manager
/Director of Finance
City of La Porte
City Hall
La Porte, Texas
Re: City of La Porte Development Corporation
Charter Number 01544301-01
Dear Jeff:
I enclose for your files, original of Certificate of Incorporation
issued July 28, 1999, to City of La Porte Development Corporation.
You should obtain a federal taxpayer identification number for this
Texas non-profit corporation.
I also enclose filing fee check, which was returned by the
Secretary of State. Apparently, ~e filing fee is waived on this
type of corporation.
truly,
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
RECEIVED
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ASS7. CITY MGRJFINA(\fC~ !
AUG 0 9 1999
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5CI1-,Htf)v l ,
~lrt ~tnh nf mtxas
~urttaru of ~tah
JJL Y 2eh 1999
K ~l 0 ':( \I .A S '< IlIJ S
702 ~ FAi~~~NT ~~Wl
LA ~u~rE ,IX
,,;,:
CITY "F L~ ~JPrF DfV~LOP~ENT CO~?a~!rIJN
c~~~r~~ NUM3iD 01~.4301-01
IT HAS q~cN ~U~ PLeASU~E TO ~PP~UVE A~U ~LAC~ ~~ REca~o TH~ ~~TICLES
LF tMr.op.p~K^rIU~ T;~T c~~~r~u f)J~ CJ~~aKArJO~. We EXTENO ou~ B~ST
~IS~t~ cOR 5JC'~j~ t~ faJ~ ~c~ V~~TU~~.
A~ A cuopn~~rTJN. fOu ~QE SU~J=:r TD ST~T~ TAX LAWS. SOME Nu~-PR~FtT
COM~JqATlaN~ ~R~ ~~~M?r F~a~ THE P~YM~~T DF FRA~CH1~~ TAXES A~U ~Af
ALSry qc ~~e~PT F~~M TH~ p~y~~~r Oc 5AL~S ANO USE TAX ON l~E PU~CHASE
.u~ T~~~8L~ IrcM~. IF rJU F~~L TriAr U~~fi THE LA~ rO~R CORPO~.TIJ~ IS
c~rtTL=O TU ~c =Ac~Pi fryU MU~T ~~PLY TJ TH~ COMPTROLLER OF PJ~LrC lC-
~au~T~ FUP. :M~ ~X~MPrIJ~. rrl~ );CKETAkY OF STAT~ CANNUT MAK~ SUCH
Q~TcR~l~~Tl~~ FO~ tOuR CD~?J~AT!O~. .
IF W2 CAN u~ OF FU~THF~ S~RV1C~ AT 4NY T1MEt PLEASE LET us K~)~.
m~~
Elton Bomer, Secretary of S,ate
,22.
SC,1-".ft f)'i)
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ijIlF ~hde of m~xa:s
~un~ nf ~hth
CEMrlFICAT~ OF INCU~pa~~TIO~
r)F
crTr OF LA ?)RT~ ~E~~LOP~cNT CORPORATION
C~A~rE{ NUMB~~ 01544301
TH~ U~D~~~I~N~D, AS SECRET~KY OF STAT~ OF TH~ STATE OF reXAS,
HE~~ay C~Rr!FT~~ THAT A~lTIC~ES JF tNco~pnR~TION FaR ThE A~OVE
CO~PQ"~Tl1N JULY SfGNED AND VE~!FI~O ?U~~UANT TO THE PROVISIONS OF
THE U~V~L~p~~Mr CO{PUR~TION ~CT UF t97~, HAV~ d~E~ ~~CEIVED l~ TrlIS
OCFIC; lND ~~~ FJUNO TJ C~NF~R~ TO LAW.
^CCuRut~~LY ~~? ~~DC~S!bNc', AS SJCH )ECR~TAo.t OF STATE, AND BY
~r~T~~ 1F rH~ AUTHJ~ITV V;~T~D TN T~c S~~R~TA~t ~y LAW, HEReat ISSUES
HilS r.cQP:FTCAT!7 OF IN~ORPOR.~Ti!)N ANa) ATTACHES HERcTLJ A capy JF n~=
..
ARTI~L~S OF I~~ryRPjRATION.
G.<\J~ll JIlLY 22, 19'N
~~
Elton Bomer, Secretary of State
13
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tTIlye 'tate of tTIexas
SECRETARY OF STATE
CERTIFICATE OF INCORPORATION
OF
CITY OF LA PORTE DEVELOPMENT CORPORATION
CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Texas, hereby certifies that Articles of
Incorporation for the above corporation, duly signed pursuant to the provisions of the
Development Corporation Act of 1979, have been received in this office and are found to
conform to law.
ACCORDINGLY, the undersigned, as such Secretary of State, and by virtue of the
authority vested in the Secretary by law, hereby issues this Certificate of Incorporation and
attaches hereto a copy of the Articles of Incorporation.
Dated:
July 28, 1999
8M
Secretary of Slate
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Wlyc ~tatc of Wcxaz
SECRETARY OF STATE
CERTIFICATE OF INCORPORATION
OF
CITY OF LA PORTE DEVELOPMENT CORPORATION
CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Texas, hereby certifies that the attached Articles
of Incorporation for the above named corporation have been received in this office and are
found to conform to law. .
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority
vested in the Secretary by law, hereby issues this Certificate of Incorporation.
Issuance of this Certificate of Incorporation does not authorize the use of a corporate .name
in this state in violation of the rights of another under the federal Trademark Act of t946,
the Texas trademark law, the Assumed Business or Professional Name Act, or the common
law.
Dated:
Effective:
July 22, 1999
July 22, 1999
~'l~_/
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Secretary of SliJU
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Wqe 'tate of Wexa5
SECRET AR Y OF STATE
CERTIFICATE OF INCORPORATION
OF
CITY OF LA PORTE DEVELOP:MENT CORPORATION
. CHARTER NUMBER 1544301-1
The undersigned, as Secretary of State of Te..us, hereby certifies that the attached Articles
of Incorporation for the above named corporation have been received in this office and are
found to conform to law.
ACCORDINGLY, the undersigned, as Secretary of State, . and by virtue of the authority
vested in the Secretary by law, hereby issues this Certificate of Incorporation.
Issuance of this Certificate of Incorporation does not authorize the use of a corporate mime
in this state in violation of the rights of another under the federal Trademark Act of 1946,
the Texas trademark law, the Assumed Business or Professional Name Act, or the common
law.
Dated:
Effective:
July 22, 1999
July 22, 1999
~/~-
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Secretary of Slal6
SM
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Exhibit D
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City of La Porte Development Corporation
P.O. Box 1115, la Porte, Texas 77572
October 7, 1999
Bryant K. Lomax, Manager
Texas Comptroller of Public Accounts
Exemptions Organizations Section
PO Box 13528
Austin, Texas 78711-3528
Dear Mr. Lomax:
The City of La Porte Development Corporation is a nonprofit corporation organized
under the Development Corporation Act of 1979 (Article 5190.6, VTCS) and as such, is
requesting a franchise tax exemption, Our charter number is 01544301.
Please notify me if you have any questions or need any additional information.
Sincerely,
Jeff Litchfield
Treasurer
29
~ri]O'<"E C~\
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TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
AUSTIN, TexAS 78774-0100
August 31, 1999
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CITY OF LA PORTE DEVELOPMENT CORPORATION
604 W FAIRMONT PKWY
LA PORTE, TX 77571
Dear Corporate Agent:
The Texas Secretary of State has notified the Comptroller that you are the
registered agent for a newly established nonprofit corporation in Texas. As the
manager of the Tax Policy Division, I want to take this opportunity to provide some
information about the Texas franchise tax as it applies to nonprofit corporations.
Franchise tax is a tax on all corporations chartered or doing business in Texas.
Certain nonprofit corporations may qualify for.an exemption, but the law requires
the corporation to applY for .the exemption. Under the law, your corporation has 15
months from its charter or doing-business date to establish its exemption. I've
enclosed Franchise Tax Rule 3.541 and our pUblication entitled SubChapter B.
Exemptions.
To request a franchise tax exemption because your corporation has obtained an
exemption from the Internal Revenue SerVice (IRS) under Internal Revenue Code
Sections 50l(c) (2) through (8), (10), (16), (19), or (25), all you need to do is
send us a letter requesting a franchise tax exemption and a copy of the letter your
corporation received from the IRS gran~ing ~he federal exemption. The IRS deter-
mination letter will specify the section of the code under.which the federal
exemption was granted.
If you feel your corporation may qualify for franchise tax exemption, but obtaining
a federal exemption does not apply to your corporation, send us your written
request for franchise tax exemption and include the following:
· the SUbchapter B section under which yo~r corporation is exempt;
· copies of the Articles of Incorporation and other governing documents inclUding
any bylaws;
· any published information regarding the activities of the organization;
· a detailed description of the organization'S activities inclUding a two-year
budget; and
· a daytime telephone number and the name of a contact person.
Franchise tax exemption requests should be sent to the Comptroller of Public
Accounts, Exempt Organizations Section, Post Office Box 13528, Austin, Texas
78711-3528. If you need further information, please call our Tax Assistance
Section toll free at"1-800-252-l381.
EnClosures
Fenn llW10 (R1IV.7.ge"'1
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Exhibit E
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JEFF LITCHFIELD,. CPA
914 HoUow Tree. La Porte~ . Texas 71571 . (281) 470-6475
SUMMARY
Over twenty years experience in a municipal environment with emphasis in management and significant exposure
to financial operations. Substantial interaction with elected officials, contractors, community leaders and the
general public.
Experience
CITY OF LA PORTE, TExAs
Assistant City Manager, April 1995 to Present
Director of Finance, November 1987 to Present
As Assistant City Manager, my responsibility includes the City's financial operations as well as management
guidance for several disciplines, including Parks and Recreation, Golf Course, City Secretary and Administrative
Services (Human Resources, Purchasing and Management Information Services). Total staff under my direction
is 152,
Recent accomplishments include changing platforms for the City's Financial and Administrative Computer
Applications, I was charged with all aspects of the process, from preparing the request for proposal to final
acceptance of the completed project. A re-codification of the City's Ordinances has provided efficient information
dispersal resulting in increased compliance with municipal laws. In 1998, the City received rating increases in
three of four categories from Moody's and Standard and Poor's.
As Director of Finance, I am responsible for the full spectrum of the City's financial operations. Our City has a
population of 33,000 with a total budget of 43 million dollars. Since 1994, La Porte has provided tax billing and
collecting services, (annual collections of 61 million dollars), to our local school district and two neighboring
cities.
Capital projects completed during my tenure with the City total 39 million dollars and include a golf course, wave
pool, recreation and fitness center, tire training facility and various street, water and sanitary sewer improvements.
The City has received the Certificate of Achievement Award for its Comprehensive Annual Financial Report and
the Distinguished Budget Award for its annual budget, both conferred by the Government Finance Officers
Association. Financial projects accomplished include long range plans for the Utility and Debt Service Funds, and
creation of a Computer Maintenance and Replacement Fund. Formal policy documents prepared include: Capital
Improvements Program; Invesanents; Financial Management; Fixed Assets and Motor Pool operations.
CITY OF UNIVERSITY PARK, TExAs
Assistant Fmance Director, March 1986 to November 1987
As Assistant Finance Director, my duties included the areas of accounting, budgeting, tax, data processing,
municipal court and utility office operations. I was responsible for assuring our operation complied with
professional standards and providing information to City decision makers.
3)
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CITY OF DALLAS, TExAs
EDP Auditor, Office o/the .city Auditor, March 1982 to March 1986
As an internal auditor, I was involved with the audit of all aspects of municipal o~tions and performed both fmancial
and operational reviews. My responsibilities included: auditing of accounting and financial data to determine its
reliability and compliance with generally accepted accounting principals and administrative policies; preparing statistical
sampling programs and interpreting the obtained results; and, performing investigative reviews in search of fraud and
abuse. In addition, I had extensive exposure to automated environments and utilized micro and main frame computers
as audit tools with emphasis on increasing reliability while decreasing audit costs.
CITY OF LUBBOCK, TExAs
Waler Production, Public Workr, July 1978 to May 1981
Staff Accountant, Finance Department, May 198110 March 1982
I began my municipal career as a water production employee on the midnight shift while I attended school during the
day, Upon graduation, I was transferred to the Accounting Division, where I worked as a staff accountant until moving
to Dallas,
EDUCATION
TExAs TECH UNIVERSITY
Bachelor 0/ Business Administration, Accounting, 1981
CERTIFICATIONS
CERTIFIED PuBLIC ACCOUNTANT, Texas, 1983
CERTIFIED GoVERNMENT FINANCE OFFICER, 1991
PuBUCATIONS
"A COMPUTER MAINTENANCE AND REPLACEMENT fuND", Government Finance Review, Volume 10, Number 6,
December 1994, pages 40-41
MEMBERSHIPS AND PARTICIPATIONS
Past-President, Government Finance Officers Association of Texas
Member, Government Finance Officers Association
Board Member, Certification Gouncll, Government Finance Officers Association
Committee Member, TML Select Review Committee to Study Municipal Coun Fines
Member, Texas City Managers Association
Past-President, Gulf Coast Chapter of the Government Finance Officers Association
Board Member and Treasurer, Du Pont La Porte Federal Credit Union
Member, Rotary International
ADDITIONAL COMMENTS
Employment in small and large organizations and communications with blue collar workers as well as educated
professionals has shaped my personality and provided intuitive communication skills. Self satisfaction is obtained
through a productive work force, Honesty and fairness are two of my strongest traits and are ones I look for in others.
Married with two children, hobbies include golf, backpacking, wood working, running and auto restoration.
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ORDINANCE NO. 99-~
AN ORDINANCE APPOINTING MEMBERS OF THE BOARD OF DIRECTORS OF CITY
OF LA PORTE REINVESTMENT ZONE NUMBER ONE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council of the City of La Porte hereby
nominates and appoints the following persons to serve as members of
the Board of Directors of the City of La Porte Reinvestment Zone
Number One, for the term beginning on the effective date hereof,
and expiring on the date opposite their names, or until their
successor shall have been duly appointed and qualified, to-wit:
position 1 Peggy Antone July 12, 2001
Position 2 Deotis Gay July 12, 2000
position 3 Alton Porter, Chairman July 12, 2001
position 4 Horace Leopard July 12, 2000
position 5 Guy Rankin July 12, 2001
position 6 Lindsay R. Pfeiffer July 12, 2000
section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the pUblic as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 12th day of July, 1999.
CITY OF LA PORTE
By: ~17.~
/ torman . Ma on
ayor
ATTEST:
~(J~
Mar a A. Gillett
City Secretary
, J
/' /
APPROVED': /"" ,/
U~a) 6i/:::
Knox W. Askins
City Attorney
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ORDINANCE NO. 99-2341
AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COKKISSIONS, AND
COKKITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
makes the following appointments to the Fire Code Review Committee
of the City of La Porte, for the term beginning on the effective
date hereof, and expiring on May 30th of the year indicated, or
until their successors shall have been duly appointed and
qualified:
District 1
Louis Heintschel
2002
District 6
Emery Farkas
2002
At Large B
Tom Handy
2002
Section 2. The City Council of the City of La Porte
hereby appoints the following members to the City of La Porte
Planning and Zoning Commission, for the term beginning on the
effective date hereof, and expiring on May 30th of the year
indicated, or until their successors shall have been duly appointed
and qualified:
Chairman
Betty Waters
2002
District 1
Melton Wolters
2002
District 6
James Zoller
2002
Section 3. The City Council of the City of La Porte hereby
appoints the following members to the La Porte Area Water
Authority, for terms expiring on May 30th of the year indicated, or
until their successors shall have been duly appointed and
qualified:
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position 1
George Robert Roy
2001
Position 2
Albert D. Fields
2001
position 3
Rodney J. Etchberger
2001
Section 4. The City Council of the City of La Porte hereby
makes the following appointments to the Board of Adjustment, for
terms expiring on May 30th of the year indicated, or until their
successors shall have been duly appointed and qualified:
Chairman and
position 1 Sidney Grant 2001
Position 2 Bob Capen 2001
Position 3 Rod Rothermel 2001
position 4 Willie Walker 2001
Position 5 Ruben L. Salinas 2001
Section 5. The City Council of the City of La Porte hereby
makes the following appointments to the Bay Area Transportation
Partnership Board of Directors, for terms expiring on May 30th of
the year indicated, or until their successors shall have been duly
appointed and qualified:
Member Jerry Clarke
Alternate Member - Guy Sutherland
2000
2000
Section 6. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Health Authority,
for terms expiring on May 30th of the year indicated, or until
their successors shall have been duly appointed and qualified:
Health Authority
Abdul R. Moosa, M.D.
2001
Alternate
Robert D. Johnston, M.D.
2001
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Oscar Boultinghouse, M.D., Medical Advisor to the EMS
Division, is appointed to said position, for the term of his
contract with the City of La Porte.
section 7. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reasons, be held invalid, such invalidity shall not
affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase
or clause, or part thereof, may be declared invalid.
section 8. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
Section 9 a
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
..
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 10. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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PASSED AND APPROVED THIS 12th day of' July, 1999.
~~~
~a r Norman L. Malo e
City of La Porte;
AP~~: . /'
-(Zv';'W~~
Knox W. Askins
City Attorney
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CITY OF LA PORTE
PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE, TEXAS 77571
June 29, 1999
Hon. Mayor & City Council
city of La Porte
City Hall
La Porte, Texas
Gentlemen:
I hereby appoint Lindsay R. Pfeiffer as a Member of the Civil
Service Commission of the City of La Porte, for a term expiring on
May 30, 2002, or until his successor shall have been duly appointed
and qualified.
Yours very truly,
CITY OF LA PORTE
By:
~~ "T. \-\~
Robert T. Herrera
City Manager
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ORDINANCE NO. 99-2342
AN ORDINANCE APPOINTING A MEMBER OF THE CIVIL SERVICE COMKISSION;
PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
ratifies and confirms the appointment by the City Manager, of
Lindsay R. Pfeiffer, as a Member of the civil Service commission of
the City of La Porte, for a term expiring on May 30, 2002, or until
his successor shall have been duly appointed and qualified.
section 2. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reasons, be held invalid, such invalidity shall not
affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase
or clause, or part thereof, may be declared invalid.
section 3. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
section 4.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
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ORDINANCE NO. 98-2342
PAGE 2
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section s. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 12th day of July, 1999.
By:
C~F LA POR~
~ ~
/N rman L. Malone
Mayor
ATTEST:
~ a~ j{~,/f
M a A. Gillett
City Secretary
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APP~~:__ / /
/: 0f/ a/ 6r,-./}-
Knox W. Askins
City Attorney
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ORDINANCE NO. 99- 2343
AN ORDINANCE APPOINTING HEHBERS OF THE COMPLETE COUNT COKHITTEE
(CCC) FOR THE CENSUS 2000; FINDING COMPLIANCE WI'l'H THE OPEN
XBETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
appoints the following residents of the City of La Porte to serve
on the Complete Count Committee (CCC), for Census 2000:
Tim O'Connor
James Snider
Dr. Wayne Spears
Linda Barley
Herman Berges
Jo Davis
Emma "Vickie" Abshire
Father Tom Rafferty
Steve Jacks
Marlin Fenn
Lorraine Jeffery
Kathy Alberts
Debra Kunz
Tom Rawls
Randy Gilchrist
Jeanne Zemanek
Beth Rickert
Ada Bowen
Colleen Hicks
Susan Parastar
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Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 12th day of July, 1999.
By:
CITY OF LA PORTE
~ //j~
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-/(tfl v
'N an L. Malo .
Mayor
ATTEST:
irl~ tt1!!:
City Secretary
APP~riQ:
.Ou cJ
Knox W. Askins
City Attorney
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 12.1999
Requested By: S. Gillett 1fI~.parlm.nt: Public Works
_ Report _ Resolution :xx Ordinance
Exhibits:
cnd[nance~0.99-2344
Engineer's Recommendation and Bid Tabulation
SUMMARY & RECOMMENDATION
The FY 1998-99 Utility CIP Fund includes the construction of the Auxiliary Power Unit at Water Well # 5
Project. The Project, designed by Claunch & Miller, Inc., received bids on July 1, 1999, with three bids
received. Low bid was submitted by Weisinger Water Well, Inc. in the amount of $61,150.00. Completion
date is 90 days after receipt of notice to proceed, A total of$85,000,OO was budgeted for this Project.
Low bid was checked by the Engineer for past work experience, safety experience and references. Additionally,
the Engineer analyzed the bids to determine if low bid was unbalanced. Work experience, safety experience
and references checked out, and line item bids were well balanced. It is recommended that a contract be
awarded to Weisinger Water Well, Inc. in an amount of $61,160.00. A contingency of $10,000.00 is also
recommended.
Action Required by Council: Approve Ordinance ~o. 99-2344 authorizing the City Manager to execute a
contract with Weisinger Water Well, Inc. in the amount of $61,160.00 for the construction of the Project.
Additionally, authorize $10,000.00 for contingency.
Availability of Funds:
General Fund Water/Wastewater
-X Capital Improvement
Other
Account Number: 003-9890-782-5110 Funds Available: .x.. YES NO
Approved for City Council A~enda
~\~
Robert T. Herrera
City Manager
i-1-t\ ~
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ORDINANCE NO. 99-2344
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND WEISINGER WATER WELL, INC., FOR CONSTRUCTION OF AN
AUXILIARY POWER UNIT AT WATER WELL #5; APPROPRIATING $61,150.00, TO
FUND SAID CONTRACT; HARING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking descr ibed in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
City Council appropriates the sum not to exceed
$61,150.00 from the utility Capital Improvement Fund No.3 to fund
said contract.
section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City council was
posted at a place convenient to the public at the City Hall of the
Ci ty for the' time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The city council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 99- 2344
PAGE 2
section 3D This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 12th day of July, 1999.
CITY OF LA PORTE
By: Jk~~
/~rman L. Malon,
Mayor
ATTEST:
~ie~l~!M
City Secretary
AP~tJ~
Knox W. Askins,
City Attorney
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CLAUNCH & MILLER, INC.
Engineering Consultants
Juiy 6. 1999
ylr. Steve Gillette
Direc~or of Public Works
City of La Porte
P.O. Box 1115
La Porte. Texas 77572-1115
Re: Engineering Services for Diesel Au.xiliary enit at Vlater \Vell :\0. 5
CyII Job No. 99035
Dear Mr. Gillette:
On July 1. 1999, bids were received on the above referenced project at the City Hall of La Porte at
1:00 p.m. Bids were opened and read in public. Three (3) bids were received on the project.
All bids \Vere tabulated and re"iewed. The following is a summary of our bid evaluation:
Bidder
Lowest:
Second:
Third:
Weissinger \Vater Well, Jnc.
Holloway Company, Inc.
MS Beck Construction Co., Inc.
Bid Amount
561,150.00
567,000.00
584,709.00
The difference between the low bidder and the second low bidder was 55,850.00. A copy of the bid
tabulation is attached.
We have successfully completed projects with Weissinger \Vater \Vell, Inc. In view of this,
'Weissinger Water Well, Inc. appears to be a responsible firm that is capable of performing the
specified work in a satisfactory manner. For this reason, we recommend that the City of La Porte
award the Waterline Improvements Project to Weissinger \Vater Well, Inc. for the amount of
$61,150.00.
Sincerely.
CLAUNCH & MILLER, ll\c.
f- ~. ~I
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James E. Thompson, P.E.
Senior Project Manager
JET/sc
3701 Kirby Drive, Suite 860. Houston, Texas 77098. (713) 524-7113
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
AUXILIARY DIESEL POWER UNIT
AT WATER WELL #5
CITY OF LA PORTE, TEXAS
MAY, 1999
CMI JOB NO. 99035
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CLAUNCH & MILLER, INC.
3701 KIRBY DRIVE; SUITE 860
HOUSTON, TEXAS 77098
(713) 524-7113
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IN WITNESS WHEREOF. OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each
has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified
by OWNER and CONTRACTOR' or on their behalf.
NOTE TO USER
1. See 1-21 D1Ul co"eltlle procedures/or format and signing between the two documents.
This Agreement will be effective on -:1 LlC'1 U . ~ (which is the Effective Date oftbe Agreement).
OWNER:
By:Q~ T~ ~
[CORPORA TB SEAL]
Atte~ IlIf},fJv o. A~111iJ
Address for giving notices:
(If OWNER is a corporation , attach
evidence of authority to sign. If OWNER is a public
body. attach evidence of authority to sign and
resolution or other documents authorizing execution
of OWNER-CONTRACTOR Agreement.)
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
CONTRACTOR: .
~~~ t.-kLJ.
A_ a~~
~Q.,
Address for giving notices:
~ dO{) E :p.fJ U ('5
{f1fVl1ttr( n... .77'::>)0 j
. . . . .
License No.
19qdJ fAl:r
(Where applicable)
Agent for service of process:
(If CONTRACTOR is a corporation or a partnership, attach
evidence of authority to sign.)
Designated Representative:
Name: ~oti ~di(NJ(,K:
Title:J, ('.fJ -p f..es (I) ~ tJt
Address: ~ 00 E }) nt/I ')
(6IU/t()( N 7'7B() J
,
Phone: L/{)q - 15 {q -11 J.. J
Facsimile: 4Dq -'010- 1'1;),2-..
00500-8
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REOUESttOR CITY COUNCIL AGENDA ITI
Agenda Date Requested: Julv 12. 1999
Requested By: s. Gillett ~.rtmeDt: Public Works
_ Report _ Resolution XX Ordinance
Exhibits:
Ordinance No. 99-2345
Engineer's Recommendation and Bid Tabulation
SUMMARY & RECOMMENDATION
The FY 1998-99 Utility CIP FWld includes three (3) waterline replacement projects that were designed and bid
as one project - Antrim Lane, VaUeyview at FIOl Ditch and Park Drive waterline Replacement Project. The
Project, designed by ClaWlch & Miller, Inc., received bids on July I, 1999, with nine bids received. Low bid
was submitted by Triple B Services, Inc. in the amoWlt of$189,601.40. Completion date is 90 days after receipt
of notice to proceed. A total of $300,000.00 was budgeted for this Project.
As illustrated by the attached bid tabulation, the bids ranged from a high of $345,632.69 to the low bid. Low
bid was checked by the Engineer for past work experience. safety experience and references. Additionally, the
Engineer analyzed the bids to determine if low bid was unbalanced. Work experience, safety experience and
references checked out, and line item bids were well balanced, It is recommended that a contract be awarded to
Triple B Services, Inc. in the amoWlt of$189,601.40. A contingency of $20,000.00 is also recommended.
Action Required by Council: Approve Ordinance No. 99-2345 authorizing the City Manager to execute a
contract with Triple B Services, Inc. in the amoWlt of $189,601.40for the construction of the Project.
Additionally, authorize $20,000.00 for contingency.
Availability of Funds:
General Fund WaterlWastewater
~ Capital Improvement
Other
Account Number: 003-9890-783-5110 Funds Available: .x... YES NO
Approved for City Council Ae:enda
G~ 'To ~ l-1-q~
Robert T. Herrera Date
City Manager
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ORDXNANCE NO. 99-2345
AN ORDXNANCE APPROVXNG AND AUTHORXZXNG A CONTRACT BETWEEN THE CXTY
OF LA PORTE AND TRXPLE B SERVXCES, XNC., FOR ANTRXH LABE, VALLEY
VXEW, AND PARK DRXVE WATERLINE REPLACEKENT; APPROPRIATING
$189,601.40 PLUS A CONTINGENCY OF $20,000.00, TO FUND SAID
CONTRACT; HAKXNG VARXOUS FINDXNGS AND PROVXSXONS RELATXNG TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The city Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
City Council appropriates the sum not to exceed
$189,601.40 plus a contingency of $20,000.00 from the utility
Capital Improvement Fund No. 3 to fund said contract.
section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 99-2345
PAGB 2
section 30 This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 12th day of July, 1999.
By: ,~;;;~
;<~rman . Mal~e,
Mayor
ATTEST:
~~oJlJ)/JJ/
Martha A. Gillett,
City Secretary
....
. SPECIFICATION'
AND
CONTRACT DOCUMENTS
FOR
'.
ANTRIM LANE
VALLEY VIEW AT FIOl DITCH
AND PARK DRIVE
WATERLINE REPLACEMENT PROJECT
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CITY OF LA PORTE, TEXAS
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MAY, 1999
CM! JOB NO. 99-007
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CLAUNCH & MILLER, INC.
3701 KIRBY DRIVE, SUITE 860
HOUSTON, TEXAS 77098
(713) 524-7113
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each
has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified
by OWNER and CONTRACTOR or on their behalf.
&r
NOTE TO USER
1. See /-21 and correlate procedures for format and signing between the two documents.
This Agreement will be effective on 7 - ~ {, . ~ (which is the Effective Date of the Agreement).
....
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OWNER:
CONTRACTOR: '
8~
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~~Ir ~ \?17~'
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By:
By:
...
[CORPORATE SEAL]
Attest~(J.J.}fA f1 J r1 ' J4.dU()
[CORPORATE SEAL]
Attest~ ;f!;~
/
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....
Ad;dress for giYing notices:
Address for giving notices:
i=>.O . ~ 81L
l-t-u U~ I -rYe 1113'
(Where applicabl5>
. \~;}h ~""'"~
Agent for service of process:
-
-
I
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.
.
(If OWNER is a corporation , attach
evidence of authority to sign. If OWNER is a public
body. attach evidence of authority to sign and
resolution or other documents authorizing execution
of OWNER-CONTRACTOR Agreement.)
License No.
'1b ~ 01;01' 0 '1
(If CONTRACTOR is a corporation or a partnership, attach
evidence of authority to sign.)
Designated Representative:
Designated Representative:
Ke.i"-h ~Uf't~
\>tus; dowJ
Address: r.o :~())C 81'
\.\u~ I T,l .
16 \-1 Z~. Jz'Lf
Facsimile: "l.8\~"1 1"1. \ 10 ~
Name:
---
Name:
Title:
Title:
1117c'
.
Address:
Phone:
Phone:
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Facsimile:
-
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00500-8
July 6. 1999
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CLAUNCH & MILLER, INC.
Enirineerine: Consultants
- -
yIr. Steve GiUette
Director oiPublic Works
City of La Porte
P.O. Box 1115
La Porte. Texas :'75'72-1115
Re: Engineering Ser"\ices for Wateriine Improvements
on Anuim Lane. Park Drive. and Valley View at FI01 Ditch
CM! Job ~o. 9900'7
Dear yIr. Gillette:
On July 1. 1999 bids were received on the above referenced project at the City Hall of La Porte at 2:00 p.m. Bids
were opened and read in public. Nine (9) bids were received on the project.
All bids were tabulated and reviewed. The following is a summary of our bid e\"aluation:
Bidder
Lowest:
Second:
Third:
Forth:
Fifth:
Sixth:
Seventh:
Ei2hth:
Ninth:
Triple B Construction
JRC Construction
SER C onstIUction
DEI Construction Services
Texas Delta Construction
Pas-Key Construction
Kinsel Industries
Reliance Construction
Canyon Construction
Bid .Amount
5189,601.40
5191,233.65
5207,713,00
S234,525.15
5252,474.20
5268.622.46
S269,269.00
5278,389.35
5345,632.69
The difference between the low bidder and the second low bidder was $1,632.25. A copy of the bid tabulation is
attached.
We have successfully completed a similar project with Triple B Construction Services recently. In view of this
Triple B Construction SerTices appears to be a responsible firm that is capable of performing the specified work
in a satisfactory manner. For this reason, we recommend that the City of La Porte award the Waterline
Improvements Project to Triple B Construction Services for the JIl10unt of 5 189.60 1.40.
Sincerely,
CLAUNCH & MILLER, me.
!-- r. ~/ /?E:.
James E. Thompson, P.E.
Senior Project Manager
3701 Kirby Drive. Suite 860. Houston. Texas 77098. (713) 524-7113
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THE FULL ENGINEERING REPORTS FOR
ALLIANCE RECOVERY SERVICE, INC. ARE
CONFIDENTIAL INFORMATION AND
AVAILABLE FOR READING IN THE CITY
SECRETARY'S OFFICE.
dEST FOR CITY COUNCIL AGE. ITEM
Agenda Date Requested: Jul 1 1999
Requested By: Doug Kneupp
X Report
Exhibits:
1.
2.
3.
4.
5.
Department: Planning
Resolution Ordinance
Engineering Reports
EPA Certification letter
Letter from Alliance Recovery (Action Plan)
Special Conditional Use Permit
Area Map
Summary & Recommendation
The La Porte City Council, during its June 14, 1999 regular meeting, held a public hearing to receive citizen
comments regarding Special Conditional Use Permit Request #SCU99-002. The City Council, after a lengthy
discussion of the matter, tabled the request until the applicant provides the City with reports. from the
investigations and an action plan to ensure safety measures are incorporated.
Holly Sincox of Alliance Recovery has submitted the Conclusions section of two engineering reports. Also
submitted are a certification letter from the United States EPA and a letter from Alliance Recovery that states
the corrective measures that the applicant has taken.
Action ReQuired bv Council:
Consider approval of Special Conditional Use Permit #SCU99-002 with the following conditions:
1. A minor development site plan prepared in accordance with the requirements of the
Development Ordinance 1444 shall be submitted for review and approval by the City.
2. An EPA permit complying with the refrigerant recycling rules under Section 608 of the Clean Air
Act, 1990 shall be furnished to the City.
3. Landscaping of the facility shall be required.
4. The applicant is responsible for public hearing costs of $106.86.
Availability of Funds: N/A
Approved for City CounCil Agenda
&~ T. l~
Robert T. Herrera
City Manager
(--1.-'iq
Date
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REPORT
Failure of Refrigeration Tank
Colony and Royal Insurance Company
ED&T File Number: HST0786-22095
April 20, 1999
~
The OplDlOns and conclusions stated herein are based on information
available as of the report date. The right is reserved to modify these opinions
and conclusions as additional information relative to this subject becomes
available.
ENGINEERING DESIGN & TESTING Corp.
ENGINEERS I CONSULTANTS I LABORATORIES
HOUSTON DISTRICT OFFICE:
Post Office Box 690326
Houston, Texas 77269.0326
it:\ 469-1282
CORPORATE OFFICES:
DISTRICT OFFICES:
Columbia, South Carolina
Columbia, South Carolina/Houston, Texas
Charlone, North Carolina/Jacksonville, Florida
Failure OfRefrigerat~ank
ED&T File Number: HST0786-22095
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Page 5
April 20, 1999
6.0 CONCLUSIONS
6.1 The refrigerant storage tank failed at the weld between the shell and the head.
The weld quality and design of the tank did not meet ASME code
specifications for pressure vessels.
6.2 The tank did not have a nameplate as required of a coded vessel. The
manufacturer of the tank could not be determined.
6.3 The tank was regularly operated at pressures that exceeded the 150 psi
working pressure rating of the tank.
6.4 The tank was not adequately protected by a pressure relief device. The tank
was probably equipped with a pressure relief valve set at 350 psi. The PRY
setting exceeded the 150 psi working pressure rating of the tank and the 300
psi test pressure. The tank. failed within the pressure range of 150-350 psi.
6.5 The pressure capacity of the tank had probably deteriorated since being
pressure tested in 1995. Corrosion and cyclic fatigue contributed to reducing
the burst capacity.
6.6 Once the tank ruptured, the pressurized refrigerant rapidly vaporized and
expanded creating a boiling liquid, expanding vapor explosion (BLEVE).
The force of the BLEVE propelled the tank out of the building and damaged
objects in its path.
".05/11/99 10:22
"8"281 530 1035
.
HAAG-HOUSTON ~~~ SCOTTSDALE INSUR
e
~007
,
Littleton Claims
(Alliance Recovery Services)
Page 6 May 6,1999
Haag File: 2990056-247/238
two small portions of the involved vessel but does not have plans for any additional work
or metallurgical analysis.
Following discussions with Mr. Don Hutchins, we arranged for remains of the involved
vessel to be transported for storage at Hicks Fire Determination ..storage facility near
Conroe, Texas. Work to be done includes selection of pieces to be cut from the vessel and
submitted for metallurgical examination and analysis.
DISCUSSION
standards for pressure vessels are provided for by the American Society of Mechanical
Engineers (ASME). Vessel configuration and required safety devices are included in
ASME Section VIII, Div. 1, which also provides specific information concerning pressure
relief valves.
The PRY on the involved vessel appears to have been rated 350 psi, and the storage
vessel was tested at 300 psi. A PRV rated 250 psi would be a better choice for the
application. However, all evidence indicates the vessel ruptured at a pressure below 200
psig; thus, the PRY was not a factor for the cause of failure. The lack of full penetration
in the weldment between the end cap and the vessel body SUbstantially decreased the
maximum possible strength at that location. We cannot exclude the relatively poor
weldment as a major cause for rupture of the vessel. Corrosion may have contributed by
further weakening the weldment. Metallurgical inspection results will shed addttionallight
on the reasons for failure.
PRELIMINARY CONCLUSIONS
Based upon our Inspection and the information discussed above. we have reached the
following preliminary conclusions:
1. The involved refrigerant storage vessel did not have a nameplate as required
by ASME standards. .
2. Testing ofthe involved storage vessel was at 300 psi and the PRY was rated
350 psi.
3. Failure of the vessel occurred at a pressure below 200 psi.
05/11/99 TOO 08: 18 [TX/RX NO 9655) !g) 007
05/11/99 10:22
'5"281 530 1035
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HAAG-HOUSTON ~~~ SCOTTSDALE INSUR
ItLI008
e
Littleton Claims
(Alliance Recovery Services)
Page 7 May 6.1999.
Haag File: 2990056-247/238
4. Improperweldments along the head of the vessel contributed to failure of the
vessel.
5. Corrosion may have been a contributing factor for failure of the weldment.
Respectfully submitted,
HAAG ENGINEERING CO.
Donald T. Boudreaux, P.E.
Texas License'38156
John Z. Wlascinski, P.E.
Texas License 82127
DTB/JZW:esk
"
05/11/99 TUE 08: 18 [TX/RX NO 9655] IgJ 008
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
J.1N 5 1995
.I..
OFFICE OF
AIR AND RADIATION
Mr. M. Ray Coker
General Manager
Alliance Recovery Services, Inc.
9102 Spencer Highway
LaPorte, TX 77571
Dear Mr. Coker:
The Environmental Protection Agency (EPA) has received' and reviewed the
information submitted by Alliance Recovery Services, Inc. in support of its certification as a
refrigerant reclaimer under 40 CFR 82.164. EPA has determined that this information meets
the data requirements of 82. I 64(d), and Alliance Recovery Services, Inc. is certified as a
refrigerant red:a;rn~f. .
In its submission, Alliance Recovery Services, Inc. stated that it will:
1. return refrigerant to at least the standard of purity set forth in ARI 700,
Specifications for Fluorocarbon Refrigerants, (as required by ~82.I54(g)),
2. verify the purity of the refrigerant using the methods set forth in ARI Standard
700, (as required by ~82. 154(g)),
3. release no more than 1.5 percent of the refrigerant during the reclamation
process (as required by ~82.154(i)), and
4. dispose of wastes from the reclamation .process in accordance with all
applicable laws and regulations.
In addition to complying with the above requirements, Alliance Recovery Services,
Inc. must comply with other applicable requirements, including the following recordkeeping
and reporting requirements:
I. Alliance Recovery Services, Inc. must maintain records of the names and
addresses of persons sending it material for reclamation and the quantity of the
material (the combined mass of refrigerant and contaminants) sent to it for
Rec:ycllldlRec:yclable . Prinled wi 111 Vegelallle Oil Based Inks on 100% Rec:yded Paper (40% Poslcansumerl
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reclamation. Such records must be inaintained on a transactional basis.
. '(~82"166(g)). ..
2.
Alliance Recovery Services, Inc. must maintain records of the qumtity of
material sent to it for reclamation, the mass of refrigerant reclaimed, and ~e ..
mass of waste products. Alliance Recovery Services, Inc. must report this .
~ormation to .the Administratorl annually within 30 days of the end of
the calendar year (~82.166(h)).
~.
These records must ~e readily av~able for EPA review, and a'copy of the records must be
kept at. the reclamation facility. . . .
EPA will periodically i~spect re~laimer facilities .to ensure compliance with EPA
regulations. These inSpections may include, but are not limited to, examination. of records,
review of equipment used by.the reclaimer, measurement of the levels of refrigerant released
to the atmosphere, and certification that the refrigerant is purified to the regulatory standard.
. I .
If at any time. Alliance Recovery Services, Inc. .fails to comply with the above
requirements or with. any of the provisiqns of 40 CFR Part 82 Subpart F, the. Administrator
reserves the right to revoke certification. In addition,' Alliance Recovery Services, Inc.
should info~ EP A promptly .of any ch~ges in its operations, such as changes of address.
. This certification is not transferable. In the case of a change of ownership, the new owner. .
. must certify under ~82.164 within 30 days of the change in ownership (~82.164(f)).
. .
If you have any questions, ptease contact Deborah Ottinger of .my staff at (202) 233-
9149.
~lY .
DaVid~
Program Implementation Branch
IThese records should be addressed to:
.~608 Recycling Program Manager (Reclaimer Reporting)
6205J
USEPA
401 M. S~., SW
Washington, DC 20460
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ACUA~; CE RECOVERY SERVICES, INC.
ON-SITE RECOVERY FREON RECLAMATION REFRIGERANT SALES
June 22, 1999
Doug Knuepper
City of La Porte, Planning Dept.
P.O. Box 1115
La Porte, TX 77572
RE: Conditional Permit
Dear Mr. Knuepper,
At the City Council's meeting on June 14, 1999, several issues surfaced regarding our
request for a special permit to operate in a Light Industrial area. This letter will clarify
those issues.
The Council wanted to know what caused the accident at our business on February 20,
1999. Please find attached the conclusions of two separate engineers hired by insurance
companies involved, The tank which ruptured was purchased used and tested by a
Department of Transportation approved cylinder tester. That tank, along with an identical
tank, have been replaced with new, ASME coded tanks. To further reduce any risk, we
have gone to much smaller tanks.
Our facility is EPA approved (see attached letter). Our approval was not revoked or
diminished by the above mentioned accident. It is my understanding that we are to receive
three violations from OSHA as a result of their visit to our facility the day after the
accident. Those violations are for (I) not having small cylinders properly secured with a
chain/cage, (2) not having OSHA 2000 logs posted, and (3) lack of a proper PRY on an
unrelated tank.
A letter was also written to the Council by our neighbor, Ron Holt, relating
dissatisfaction with how his liability claim was being handled. Our insurance camer has
assured me that they have made a fair offer of settlement to Mr. Holt, but that he has
rejected that offer. The insurance company is awaiting documentation from Mr. Holt.
In summary, our business is refrigerant reclamation. Recycled refrigerant is considered
non-hazardous (see EPA attachment). The material we use is also non-flammable. We
P.O. BOX 2011 · LA PORTE, TEXAS 77572 · (281) 470-9046 · (800) 263-7211 · FAX (281) 470-9708
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are taking every precaution possible to ensure the safety of our neighbors and the
community at large. It is important to us because we are a family business with family
members working in the facility. Their safety is not an issue we take lightly.
We have discarded all extra-large cylinders, and purchased new, safer ones in their place,
All issues addressed by OSHA have been remedied. We invite you to tour our facility and
see our new equipment.
I hope this answers all questions regarding our ability to operate safely in a Light
Industrial area. I look forward to a speedy resolution, so that we may begin to rebuild our
business in the LaPorte area.
~L
olly Sincox
Alliance Recovery Services
281/470-9046
Attachments
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City of La Porte
Special Conditional Use Permit
Permit # SCU #99-002
This pennit is issued to:
Holly Sincox
Owner or Agent
P. o. Box 2011 La Porte, TX 77572
Address
For Development of:
Alliance Recovery Services
Development Name
320 North 16th Street, La Porte, TX
Address
Legal Description:
0.61 acre (26,600 sq.ft.) lots 1 thru 8 & one half of alley of Block
681, La Porte, TX
Zoning:
Light Industrial
Pennit Conditions:
1. A minor development site plan prepared in accordance with the requirements of the
Development Ordinance 1444 shall be submitted for review and approval by the City.
2. An EPA pennit complying with the refrigerant recycling rules under Section 608 of the
Clean Air Act, 1990 shall be furnished to the City.
3. Landscaping of the facility shall be required.
4. The applicant is responsible for public hearing costs of $106.86.
Failure to begin construction within one (1) year after issuance or as scheduled under the
tenns of a special conditional use pennit shall void the pennit as approved, except upon an
extension of time granted after application to the Planning and Zoning Commission.
If construction is tenninated after the completion of any stage and there is ample evidence that
further development is not contemplated the ordinance establishing such special conditional
use pennit may be rescinded by the City Council, upon its own motion or upon the
recommendation of the Planning and Zoning Commission of the City of La Porte, and the
previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date: 7/12/99
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 12, 1999
Requested By: Stephen L. Barr
Department: Parks & Recreation
xx Report
Exhibits: 1.
Resolution Ordinance
Report Regarding City of La Porte Participation in the Texas
Department of Transportation, Statewide Transportation
Enhancement Program to Provide a Pedestrian Bicycle Trail
System for the City of La Porte
SUMMARY & RECOMMENDATION
The City of La Porte is preparing to submit application for participation in the Texas
Department of Transportation (TEXDoT), Statewide Transportation Enhancement Program
to provide a pedestrian bicycle trail system for the City of La Porte. TEXDoT administers
federal funding for alternative transportation projects for local communities. Should the City
be successful in its application, the program would result in an eighty percent
reimbursement to the City of La Porte for expenditures toward the pedestrian bicycle trail
system. The initial application would request participation in design and development of
plans and specifications for the trail system. Cost of the design and development process
is estimated at $80,000.00. If the City's application is approved, TEXDoT would submit
a formal agreement to the City establishing standard conditions for implementation of the
first phase of the program.
Staff Recommendation:
Staff recommends that the proposal be considered as a way to initiate a city-wide
pedestrian bicycle trail system for La Porte, that would meet a perceived need in the
community for pedestrian and bicycle transportation routes the community together.
Action Required by Council:
Consider the proposed workshop outlining the conceptual idea of a pedestrian
bicycle trail system for the City of La Porte.
Availability of Funds:
General Fund
_ Capital Improvement
N/A
Account Number:
Water/Wastewater
_ General Revenue Sharing
Funds Available: N/A YES NO
Approved for Citv Council Aaenda
Q1 }\~~
Robert T. Herrera
,-i-qC\
Date
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A Pedestrian Bicyc e Tra
System for La Porte
_._n......._._.
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City of La Porte - Parks &
Recreation Department
TEXDo T Statewide Transportation
Enhancement Program
7/8/99
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Purpose
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2
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Substantial Cost of Project and Limited
Ability to Fund by the City of La Porte
Recommendation of a Strategy to Meet
the Perceived Need
7/8/99
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1984 Comprehensive Plan
and Current Update
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.Current update process stresses
importance of alternative transportation
.Community support is evident
.Window of opportunity
___..1_
3
7/8/99
Goals and Objectives
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II to meet the community need for a
pedestrian bicycle trail system
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II to submit a program application to
TEXDoT for funding of development
and design in a cost reimbursement
program
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II to propose a multi-phase program of
implementation in approximately ten
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Phase One
. would apply for assistance to develop
and design a comprehensive system to
link our commercial centers,
communities and major parks together
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7/8/99
6
for La Porte
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Legend 0
- Existing Roadway
- Existing R.O.w. Proposed Bridge
- Flood Control Ditch
- Utility R.O.W.
CITY OF LA PORTE
- -
Pede Ie Tra 'stem
-
DRAWNBY STERUNG FILE NO.:
- - -
SCALE' 1. = 1600' TOPO' SHEET OF
Striped Roadways
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. existing roadways in
neighborhoods
. existing feeder
streets
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mated for the project
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. some arteria
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ite Pathways
Crushed Gran
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. TEXDoT will not
approve crushed
granite as a part of
their program
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. any use of crushed
granite walkways
would not be eligible
for reimbursement
7/8/99
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Reinforced Concrete
. construction
methods
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. utilized throughout
for utility easements,
separate segments
along major arterial
roadways
. +/- 71 ,680 feet esti-
mated for the project
Stee
Pathways
10
7/8/99
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SYlvan Beach Depot
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mportant TEXDoT
criteria for approva
of future segments
renovation of facili
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. addition of
landscaping
. bicycle rest stop for
dual utilization
(continued utilization
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as a museum)
7/8/99
Big ISland Slough
-
Bridge
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two halves of
II connection between
Northwest Park
near
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000 per
,
$1
-
II unit cost of bridge
foot (est.)
through HCFCD
-
12
of soccer field
II hydrologic study
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eln
II additional benefit
consolidation
7/8/99
to system
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Bayou
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. connection between
Little Cedar Bayou
Park and Recreation
& Fitness Center
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through HCFCD
to system
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ons
Assumpti
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mated at
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. cost of roadway striping est
$0.20 per linear ft.
II cost of steel reinforced concrete
estimated at $15 per linear ft. (may be
higher based on AASHTO standards)
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of renovationllandscaping, Sylvan
mated at +/- $60,000
II cost
Beach Depot esti
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7/8/99
Estimated Component CostS
for the Conceptua Project
-
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$7,712
. cost of engineering, environmenta
studies, +/- $80,000
II cost
of roadway striping, +/-
-. cost of concrete pathways,
+/- $1 ,075,200
e
II cost of renovation and improvements at
Sylvan Beach Depot, +/- $60,000
-.'
.....,;~
;',! ,
i
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~
---
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r I
i
,
15
7/8/99
mated Project Costs
m Approved
Total Esti
f Tota Syste
. Complete project as conceptualized
here, with contingencies required by
state, would cost approximately
$1,742,242.00
II TEXDoT share of project would be
approximately $1,393,793.00
.
I
the ·
, ,
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, I
~ .
1 . '.
, . '
,
~
- 1
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.
I
f approved
II City share for project,
total, $348,448.00
16
7/8/99
e
to Consider
II Statewide Transportation Enhancement
Program is a cost reimbursement
program at 800/0
Points
]
I
--
L
e
at time of
the City must
II Program costs are fixed,
award; if costs are more,
fund the difference
17
II State will not refund any monies spent
prior to award .
7/8/99
r
Recommendation
e
II Recommend participation in TEXDoT
Transportation Enhancement Program
.
.
- we meet goals set forth in Comprehensive
Plan for pedestrian bicycle trail system
- we provide needed facilities and service to
La Porte and surrounding communities
- program will allow future tie-in with
surrounding cities of Deer Park, Pasadena,
Shoreacres, Morgan's Point, if desired
II Summary of results
e
18
7/8/99
:1
._.~- . ~~.
.. r - ~
~l '
, ,
,
i
~ ,
, '
II
i 1
I !
i I
Course of ACtion
. Council Resolution agreeing to participate by _
J funding the program if awarded
, I> ,- . submit application for development and
:&,., .
...
design
I i
. procure letters of recommendation from
I legislators (state and federal) and others
II -
. secure approval of La Porte Heritage Society
I ---. . secure approval of Harris County Flood
,
I ,
I I Control, Reliant Energy, and Pipeline ROWs
I
. secure approval of Harris County Precinct 2
7/8/99
19
e'
Review Process
. Review 15,
. Submit application for participation in
program to TEXDoT (August 9, 1999)
. Receive notification in fall, 1999 of awards
1999 )
the
(July
through HGAC
.j
f .
"
.
-
I
.
,-
I I
I .
! I
20
7/8/99
e e
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 12. 1999
Requested By: Stephen L. Barr
Department: Parks & Recreation
Report XX
Exhibits: 1.
Resolution Ordinance
Resolution #99-24 - Endorsing Participation in TEXDoT
Statewide Transportation Enhancement Program to Provide a
Pedestrian Bicycle Trail System for the City of La Porte
SUMMARY & RECOMMENDATION
As discussed in the previous workshop staff would like to submit an application for
participation in the Texas Department of Transportation (TEXDoT), Statewide
Transportation Enhancement Program, to provide a pedestrian bicycle trail system for the
City of La Porte. If the City's application for participation is approved by TEXDoT, the
program would result in an eighty percent reimbursement to the City of La Porte for
expenditures toward the approved portion of the pedestrian bicycle trail system. Approval
of the resolution is an endorsement of the concept of a pedestrian bicycle trail system for
La Porte and agreement to participate in future funding of the program by the City. If
approved, the City has up to three years to begin the participation process. The City also
has the ability to withdraw from the program at any time prior to the formal agreement
process.
Staff Recommendation:
Staff recommends that the resolution supporting the City's participation in the
Statewide Transportation Enhancement Program, and agreeing to future funding of the
program if approved by TEXDoT; be approved.
Action Required by Council:
Consider the resolution supporting the City's participation in the Statewide
Transportation Enhancement Program, and agreeing to future funding of the program if the
City's participation in the program is approved by TEXDoT.
Availability of Funds:
General Fund
_ Capital Improvement
N/A
Account Number:
Water/Wastewater
_ General Revenue Sharing
Funds Available: N/A YES NO
Approved for Citv Council Aaenda
~~ \. ~~
Robert T. Herrera
i"'l-ql\
Date
e
e
RESOLUTION
99- 24
A RESOLUTION ENDORSING A PROPOSED PEDESTRIAN BICYCLE TRAIL
SYSTEM FOR LA PORTE AND AGREEING TO PARTICIPATE IN FUTURE FUNDING
IF APPROVED BY THE TEXAS DEPARTMENT OF TRANSPORTATION UNDER THE
STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM.
WHEREAS, the citizens of the City of La Porte have expressed a strong interest
and desire for a pedestrian and bicycle trail system for the City; and
WHEREAS, the City of La Porte Comprehensive Plan includes a pedestrian and
bicycle trail plan as a component of said Comprehensive Plan, and further endorses a
proposal for a pedestrian bicycle trail system for the City of La Porte; and
WHEREAS, the Texas Department of Transportation provides funding for
pedestrian bicycle trail systems through the Statewide Transportation Enhancement
Program; and
WHEREAS, the City of La Porte is in the process of submitting application for
participation in the said Statewide Transportation Enhancement Program for a
pedestrian bicycle trail system for the City; and
WHEREAS, the Program requires that the City fund said pedestrian bicycle trail
system and, upon approval, be reimbursed for eighty percent of the cost of the
program; and
WHEREAS, the City Council of the City of La Porte finds that a pedestrian
bicycle trail system would be in furtherance of the goals established by the City in the
Comprehensive Plan of the City, and further finds that such a system would be of direct
benefit to the health, safety, and welfare of the citizens of the City of La Porte;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of La
Porte, that the City of La Porte support participation in the proposed Statewide
Transportation Enhancement Program, and that the City of La Porte agrees to provide
funding for said program pursuant to the terms of said program, should the
application(s) of the City of La Porte for participation in the program be approved by the
Texas Department of Transportation.
PASS.~q~ND APPROVED, by the City Council of the City of La Porte, Texas,
on this the ~ day of , 1999.
e
ATTEST:
APPROVED:
e
CITY OF LA PORTE
BY:}~~~
./ N RMAN L. MALON J MAYOIt
RESOLUTION
99-24,
* * .* *
A RESOLUTION ENDORSING A PROPOSED PEDESTRIAN BICYCLE TRAIL SYSTEM FOR LA PORTE
AND AGREEING TO PARTICIPATE IN FUTURE FUNDING IF APPROVED BY THE TEXAS DEPARTMENT
OF TRANSPORT.ATION UNDER THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM.
WH EREAS. the citizens of the City of La Porte have expressed a strong interest and desire for a pedestrian and
bicycle trail system for the City: and
WHEREAS. the City of La Porte Comprehensive Plan includes a pedestrian and bicycle trail plan as a component
of said Comprehensive Plan. and further endorses a proposal for a pedestrian bicycle trail system for the City of La Porte:
and
WHEREAS. the Texas Department of Transportation provides funding for pedestrian bicycle trail systems
, through the Statewide Transportation Enhancement Program: and
WHEREAS. the City of La Porte is in the process of submitting application for participation in the said Statewide
Transportation Enhancement Program for a pedestrian bicycle trail system for the City; and
WHEREAS. the Program requires that the City fund said pedestrian bicycle trail system and. upon approval. be
reimbursed for eighty percent of the cost of the program: and
WHEREAS. the City Council of the City of La Porte tinds that a pedestrian bicycle trail system would be in
furtherance of the goals established by the City in the Comprehensive Plan of the City. and further tinds that such a system
would be of direct benetitto the health. safety. and welfare of the citizens of the City of La Porte:
NOW THEREFORE, BE IT RESOLVED. by the City Council of the City of La Porte. that the City of La Porte
support participation in the proposed Statewide Transportation Enhancement Program. and that the City of La Porte agrees
to provide funding for said program pursuant to the terms of said program. should the application(s) of the City of La Porte
for participation in the program be approved by the Texas Department of Transportation.
"'1"" l PASSED AND APPROVED. by the City Council of the City of La Porte. Texas. on this the 12-r1'- day of
..J lA Y . 1999. .
CITY OF LA PORTE
By: l{J1nIH..l< ~~(
'({~AN L. MiiO~,'M<.fVOR
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MEETING HANDOUTS
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Name: / D rY1 VI/}
Lt10I6 flCrte y - /' /'71<<- /r /Il-LoA../C
Address:
City, State, Zip:
Subject on which I wish to speak:
5t:dlv;CE f2enl2e/YIe71l1 ~S"-A/T7I-'I70U
U7uIVIS 4})/3ZScJ;J
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Name:
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Address: r II \'2 ~ C.J
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city,StatL~iP(;?O~~ ~ /7S ( I
Subject on which I wish to speak:
(i) ~('~':) \('o'd~'3, OtJ 'NQ~ ~"k
~ S~~ ~ \0~. \ {'€..\) eX~c:-,J
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Occupational Safety and Health Administration
Houston South Area Office
17625 EI Camino Real, Suite 400
Houston, TX 77058
(281) 286-0583 FAX: (281) 286-6352
Reply to the Attention of:
July 8, 1999
Alliance Recovery Services, Inc.
and its successors
320 N 16th. Street
La Porte, TX 77571
RE: 123628695
Dear Sirs:
The recent inspection of your workplace revealed no instances of Repeated, Willful, or Failure-
to-Abate violations, nor were there a significant number of High Gravity Serious violations.
Additionally, the compliance officer has reported that you have a good understanding of the
actions necessary to correct the violations that were cited, and that you are willing to make those
corrections by the date(s) specified in the citation.
The good faith you have exhibited, and the absence of Repeated, Willful, or Failure-to-Abate
violations makes your firm eligible for an Expedited Informal Settlement Agreement. Under this
program, an employer and OSHA can enter into an Informal Settlement Agreement without
going through the formal procedure of meeting in the Area Office.
The Expedited Informal Settlement Agreement can be used only where the sole issue of dispute
is the dollar amount of proposed penalties. If you wish to discuss, change, or object to any other
aspect of the inspection or citations, including abatement dates, validity of violations,
classification of violations, then the Expedited Informal Settlement Agreement cannot be used.
Under those circumstances, you may request an Informal Settlement Conference with me and/or
exercise your contest rights as explained elsewhere.
You should carefully read the enclosed Expedited Informal Settlement Agreement to determine
whether the terms of the agreement are acceptable to you. Key elements of the agreement call
for OSHA to agree to a 40% reduction in the total penalty amount proposed: for the Employer
to correct the violations by the abatement daters) set fourth in the citation(s): for the Emplover
to provide evidence of corrective actions taken and to provide written certification that all items
have been abated at the time of final abatement. Please note that failure to comply with any of
the terms set forth in the agreement will cause the penalty to revert to the initially proposed
amount.
.. -$-. · e
.. . The signed agreement anJlr check for the full amount of the reduced penalty (40 % of the total
of initially proposed penalties) must be delivered to the Area Office prior to the expiration of
the I5-working day contest period. If mailed, the letter must be postmarked no later than the day
the I5-working day contest period ends.
If you have any questions regarding the Expedited Informal Settlement Agreement, please
contact this office at 713-286-0583.
cr1Y,
RAYMO
Area Dire
1- <6 - 19?i
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117 (..30/l{I'J JfYtfAf? ;V~ 11 CIW1!::frn.
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City, State, Zip:
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City, State, Zip:
'_L Ap~ rr~ \~ xAS 'l '15'7 (
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~ C.1K ~ ~ ~ ~~1p,W ~, <Iv
h\~ 09\wt~ ~AlJ<JO_ ~ 0-\\ ~ ~,
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To .Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the nwnber of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
N
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
]3.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
.......- -
I......
~~ ~~I~JI'I'l.,~':oDP.Me ~I\an. S<f
~ · h,-,~
To Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that th~y will (or have been)
approached by these people. These conditions are spilling over into our
communitie's and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
,;. '0
~~ ~~I~, 1'I'I'l...t;:oDp'N\. ~ IW1. C'J..'r
~ ~~~~ ~
To Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
N
1.
2.
3.
4.
5. ,.I:"
6.
7.
8.
9.
10.
11.
12.
13.
14. I
15.
16.
17.
18.
19.
20.
2
22.
23.
7;
~;; fa/' h,/lfj;
--....---.-...--.. --
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Name: D
~.M~dC~~
Address: \'
lo3 \ \~;ob~
City, State, Zi~ (\ !L k cu,
~~___ I ~ 7757/
Date:
Subject on which I wish to speak:
::\L &1l.<'~t;fu-,. .. u.n~~:.~-:t,
....-- -
~~ ""'~ :lJz -'1? =t:..'I./tl.
f1"4<J*L ~
To .Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in corning to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
cornrnWlities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
9.
10
11.
12.
13.
14.
15.
16.
17.
18.
1 .
20. ( I
21. Ulf/ff' o..n(;( ~,.(, &11
22.
23.
. ...
e
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To ,Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
2
3.
4.
5.
6.
7.
8.
9.
10
11.
12.
13.
14.
15.
16. '
17.
18.
19
20..
21.
22.
23.
,~
1, f:f7
e
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To ,Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
NAME - ADDRESS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12
1
14.
IS.
16.
17.
18.
19.
20.
21.
22.
23. .
e
To .Whom It May Concern:
tit
'I
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
.
e
b'
To ,Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the nwnber of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
NAME - ADDRES
1. ~
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
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To Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
. caution in coming to the business areas for fear that they will (or have been)
C:lpproached by these people. These conditions are spilling over into our
/"" communities and effect our children. As concerned citizens we believe this
. problem should be addressed with utmost speed.
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2.
3.
4.
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6.
7.
8.
9.
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16.
17.
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20.
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To ,Whom It May Concern:
(2
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
".
B
e
e
To ,Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
NAME - ADD
1.-
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
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To Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the nwnber of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that th~y will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
N
1.
2.
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21.
22.
23.
e
To ,Whom It May Concern:
e
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We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
- communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
N
1.
2.
3. .
4.
5.
6. '
7.
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19.
20.
21.
22.
23.
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~~ ~~ltJI'l'l1it':oDp.h\.~1Wi II
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To Whom It May Concern:
We the Wldersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
_ main streets. Known Wldesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that th~y will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
-
problem should be addressed with utmost speed.
N
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2.
3.
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20.
21.
22.
23.
,II
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To Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the nwnber of
customers coniing into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
NAME - ADDRES
1.
2.
3.
4.
5.
c:::-=6 .
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
~ ~ ~~ I~, ''1'1., ~':OD P.Me ~ !Wi. 13
~ ~~~~
To Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the nwnber of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that th~y will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
-
problem should be addressed with utmost speed.
N
1.
2.
3.
4.
5.
6.
7
8.
9.
10.
11.
12.
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14.
15.
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17.
18.
19.
20.
21.
22.
23.
~~ ~~It.JI'l'l?"C.:oDP.Nl~ ~~ J,/
~ . ~~~--~
To Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the nwnber of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that th~y will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
-
problem should be addressed with utmost speed.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
e
It
/5
To ,Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Kn9wn undesirables have been reported being seen soliciting
for drugs, money, \ and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
NAME - ADDRESS
1. '1 9n,..d7f.~
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
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To Whom It May Concern:
We the uridersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that th~y will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
-
problem should be addressed with utmost speed.
t#1~/~
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8.
9.
'10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
~~ ~~/fJlqq?~~:ODP./IIe ~J\,Ji 1'1
. ~ · h~~
To Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
_ main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
-
problem should be addressed with utmost speed.
NAME - ADDRESS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
.-
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~~ ~~ltJI'l'l1~':ODP.M.~1Wi. 18
~ ~~~b~ ~
To Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
- for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
N ,.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
I. r
18.
19.
20.
21.
22.
23.
~~ ~~I~,I'l'l'llit':oDP.h\.~~ 1'1
~ ~~~~ ~
To Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that th~y will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
e
e
'2'0
To .Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
NAME - ADDRESS
1. 11 Uc
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
~
......~- -
I.....
~~ ~~IZ,I'l'l".':oDp.h\.~1Wi 2\
~ ~~~~. ~
To Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that th~y will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
-
problem should be addressed with utmost speed.
t~!!~~!~~-rt~~~~~~
3. .
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
'l4.
15.
16.
17.
18.
19.
20.
21.
22.
23.
J'
Z2-
.
.
To ,Whom It May Concern:
We the undersigned wish to petition the LaPorte city council to address the
problems of solicitation and drug trafficking known to be in evidence on our
main streets. Known undesirables have been reported being seen soliciting
for drugs, money, and prostitution. This is having an effect on the number of
customers coming into the business district. Patrons are beginning to express
caution in coming to the business areas for fear that they will (or have been)
approached by these people. These conditions are spilling over into our
communities and effect our children. As concerned citizens we believe this
problem should be addressed with utmost speed.
NMAE-
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
1
1 .
15.
16.
17.
18.
19.
20.
21.
22.
23.
7 <s 71
177 s7 (
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