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HomeMy WebLinkAbout1999-07-12 Regular Meeting and Workshop Meeting . . . e 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. e e 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. . . 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. e e 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 e . 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 . e 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 e e 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 ~~ ~I.'~-~ 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. RTH:su ....- e e / e . . The Neighborhood Center La Porte/Bayshore Area . e nterim and proposed site relocation project. ~~~,..~~':;"';'~.'''. '.E'-~- ' ... .~~~~.~;:::~~ .;~ :-~... ...."T':: I e e . 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 . Purpose of the NCI . the Immediate to · To provide social service programs neighborhood and community · To serve as a service provider resource for the community - . 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 .:~, '- .-.:.:: ~j... ~ ~...- doubled - Class enrollment this year '.' :11 '~I' "s ". ~ ..-' . '-'~I ...... . . 'G.. .. l;_~:: :'-.~' n. , ~ ~'.. "/11 I~-l..,; ~ r' ,;,; ff_ .~-"1 I :m ~~ ~ ~i e e . . 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 . . y Does the City of La Porte Need a Neighborhood Center? e . Emergency Food Pantry- 774 II Day Old Bread and Bakery Product . Distribution- 46115 e e Toys for Tots- 71 ~ Seasonal Food Baskets- 187 li~~, ~ Information & Referral II Quick Reference Directory ",,: '~l~ ~ ~,~ i " ~ ,J I!l .;:J :vt. '.~ { J i- . Why Does the City of La Porte Need a Neighborhood Center? Cont'd . - . 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 . . Co-~aborators with NCI . ~~ tj E:!:: ...t- ~', ~i I- e e '~i~l~ r.. ~'_.., ~ ".--.- ..- La Porte I.S.D. ~ -:~~~ .<.! .;!i! ,~- , ,-- ,!~ .., .. . - :~ ' ..'. ';'}: ;>S- ~ f~if i~:' ."F'~{ -! :. . ., ." .:: 'itI' e . .. . Closure? Then... August 1997: e . 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. e . . Expansion? Now.. . July 1999: .. ..... . ~ ~ . .- . .. '"li: Neighborhood Centers In has only one room for all training, the food pantry, life skills classes, and meetings c. . e be moving g Health . Harris County will out of the adjoinin Center NCI requests occupancy of the vacated space . ~ I:< ~ . . The Future... e · Continued growth in needs and services. requi NClwill . . 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 - · 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. e\ 0'\ 0'\ ,..-4 00 0'\ 0'\ ,..-4 1000 900 800 700 600 500 400 300 200 100 o e e e e 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 e e 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. e e 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 ~ ttd uJ Knox W. Askins City Attorney e CITY OF tA PORTE PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571 .~ ,7 ....... - 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. e e 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 RTH:sw e e MICHAEL YANCEY, AlA Director Facilities & Property Management 1310 Prairie, Suite 1330 Houston, Texas 77002 (713) 755-5091 June 28, 1999 'n Ii. ~ \ ;~l .~~ ~~;.~ ~.. 'j~"~ C~,'::'~i'''f/ .~\?l?...~t:>".!\.,:"",,, ...~ ., "J'I . /} M":l. - ~~ ...........' - ., .-' ........l'1....!", ..... ~ ,-,,,.'-"- Mr. Robert T. Herrera City Manager, City of La Porte P.O. Box 1115 La Porte, Texas 77572-1115 _..0:.... :-._~",__,,'r. ...... .':""~--.-.....~.......... 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, ~7~ eJ' I 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 ,. . e e e 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 e e 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 2 e e 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 3 e e 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 ./ / / " , 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 e e ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE. TEXAS 77572-1218 KNOX W. ASKINS .JOHN 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 I I , AUG 0 9 1999 ! i I ASS'T. CITY MGR./FINANC~: ! e e 5CrI-CHI Dv l . m4t ~tah of mtxas ~tcrtta:ru of ~ta:h JJLY 20' lCjQ., K 'I a '( \4 ,\ ) '< p' ~ 702. ~ F .'\ i Q Mn,~~ ~~lJ'( LJ ou~r~ ,f~ K::: tI1Y nF Lh PJoT~ C~VcLD~~~~T C8~P0~~TtJ~ 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 e e ~Cd-(.H'OV' 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 ')~ ~~ Elton Bomer. Secretary of State e 'e 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 e 'e 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 e "e 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 ~, - '. I FIL. '-r.. 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: e e 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. e e \ \ '. , . . 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 e e 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. . e t=iL:'::D 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. e e 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 e e 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 e e 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) .. . e coPY 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. e e 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 ~ e 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 . .,. .....'.~ .:;:...' e. ..:.l~~r~ .......;, .:;.. .... '_~)",'U. ,;;,:-..... '. >:>'.:::\:~....,. 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':-.....~t,....'..~~.~,'...".,:.\:.'.... . ! ,.... ,...' t . ~,! .., . '" \. . . ~ . . I \ 'I 01' ..~,.~~~......,~.~.::;1.~..:l:'".~.;~';,;:1;~':t.....",,~1e Vendor #: i~j7.t: ......:; ..<....:::.:~. .'....;.:.~.::::}.:~ ;~.< :.' :::';:,.~.. :.., ~~e .D~~;~.(:.:..~..:.:.;::'f>;:.;.:);:i,,;!,'::;~;y:.. ~f"j;r.'l':;gf~ Vendor Name and Address".. (S~. .., ' . '.; ,. ; .,..,,',.. '.f c.".: .;!! . ,...\.,,,.t'"~' . ...'.... '.1... :"". f':' '.' " , " , ':;"~"~''f:,.. .". . . I, ~. I -,.." I\. t . ~-;-- :-;:-;:-:.'. :.':'~.:. ~.{ ..,. 'I ~I' , AI "r;:;{~ ;:J~~ 1 ':0 ~ -:~:;';':('\; I "~H~" \~~l~J::';.:!:;~l~~.~:::;.,t~.~I~:., f( Y/~:1~~~(~t;:~/ ....-./.......t. ,'":"i?',,. ~.~i<. 1:. . ~ 1\ ,',..; ..;,l",. ..... ecr:; ~'-(1)\, ~., '.' '.l;d-~ \""1'" "~4,1':"""~J"'\" I '?'li~j"" 1,.,:1' ': :,\~~.~: ~..~~i.:,'./ yr;",,):/!., . r.:, ..:;;;,.,..:;:~..~;..:.~::.;.;.;" .J::.~' '~'...V..J~ ~ <r1\ ;tiNj~€;'\;' '.':~~~1~~,,!~li'!...::~.,::r.f';..>~.\9\~ \; ;:'?;'iiu,r.', ~:;,; ....:\ ~':f.; .~.'}.:::/ :,!;~!:,.:..i.. c'" y. ~.!::.; :' ::.;,;.; UJf Pit( d,.;1\ . ". , . ..;../t':~:;I/\t:-::.:;:~~J,~:.: ~:);;:}.;J~.~~<~ ';~!';~,.',.f;: r.:,~; . . ",. .. ..... " .,~~t..\o....\'~"'ttlf\"" 'f..,.,.\l.,_. , ....J..........,'. ...... .....,I"r;1...I. - .',' -, :,,':l.. -., ~i. .,-r..:., .:.. ..: O.'a.~ lZ-"3 ~.i.~"..~..~r;;3~:Ij-!a....~.~.t.;;.~.:.t.~=1\.:4..'...-~:;r~;~.'__"l. ~";:J::~~"',,~"" . .. . '. ~... ~ ~.." . ','j .::'. .. \I.J""'i'r .... \~. J - " , Jr~ . .e',r-,,;.. <l. . . t,,,,,,~~ ,'"'::,1.... ~.;, ...'.1..4 .j... ..\."\".<"1,.....1 .. '. ""'.. ,'. ~.: .A~f\" .~. . ,~.. ::~ 91. {I :~'. .....-.::::.... /~.: ~;:~,.\'~..::'f~/~~~:~.ff~1..::...,.~~.~~...~~~. 'i~;:;.\~. You are uired to attach recei with all check uisitions. . C-Lty.01 L'L?o-rk ..,~u~t~(he~ 4.e~~p.~(-~~~: 6.\',..~.......('~:e.... ...;. .:..',:' ,.,:,,,~!:::,,,,:,,,::,;,:'~::':::;<;:".. '.;: .""l \ r'\ . \ .... . ~ '1" -. -410 ,_' ' ~ ,,:'''~'' : "";}":> .':' , . :;: ~~;.;'~.~~.::,. (' /' _ . ~ . ..t. DescriDtion: :.".; '\ ; {'.' '" ; ". ,j,. ~. Acmu'nt #. '. ~ o' . P,roiect .# ~4"; ~ .: >;~,",!,:.t ~;,:;~'''~''':'~~f. :., "Invoice '# . >.~. . .s ' ~." .;~.:/.:;' i:1.\;\~~.-~:.~;f.,~~.~~.:.~~' ~... \'-1 . )t~,t~i[i~~tj.~) :;". ,'. : '1. .1:.... 'l; .:;~-~:~,~~~:.. :~~~~~~: .~~\~i~ii$! .~ 'f " ., .........,.... ';'l,.{t:;;i~ .. .~ .:: -:...~.,.~~..\;~.~~~~.i~J ~ ~ '. . .;::...~ h.~.l~~~ ~ . .... . "'_ 'ff~ .~ I : :~:,:.,.:~.",,;.::~~i . -.." ...~, '-. . ~ - ':::.::;.::::~{:~f~;~1.:~\r~:j: .. ~ '; .f..~?' ~~.~'!~;,.~ . ..' '.. .J'..~ . ...::- :~~\t~.:'i5l . .:~:~.:~.: ,<. t " ;:}:. '~;'f~:~: Total Amount Due: $ 4'~~ e.e&-;~:;>i~~.:~ Remarks: RETu R. N Q., \-\S-C\< P_redBy~tj~ Date: ..1- .;j::~~(~~~j(':,:f~~ir:,j~';:t~~:~~))}~': :... -ro MAf21\-\~ blLL rTrt":":' ~c.:;:~~~~~<<~ C {.I :.~:;~~-~.:~.t~ , . .;:....;..:.- ..t:."~~' .\ ~. .....t. . ,. .":~I. ~.:~ '..'~ ':' .;..~~~, " ",I. _I . .. ..: '\. ....~ J Approved By: .~ . :..'~~~"~:2.'~~t. ; " e ASKINS & ARMSTRONG. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 121B LA PORTE. TEXAS 77572-1218 e 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 . , cKL<./' t)[.,-,-"-,, f../ ~ I dl., G I ~ ,,2.0 _'4;j~ -.!~ flJlA L. \0..-( ~ ,II ~~ 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 :. ;" (,/#(~ : 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 r~~ (jLjL. e e 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 e 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. e . 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. . . 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 2 ~ e . 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 3 3 ,0 ='_ . .0 .. e e 8~(ltIo; -"'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 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. ~ e e \ \ \ ARTJ:CLB VJ: \ \ 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 5 ., . e 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, e e 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. 1 1 e e 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. 2 8 e e 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. 3 q e e 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. 4 tD e e Terms of Officers 4.02. The officers of the Corporation shall serve as long as they are employed by the City of La Porte, Texas. Removal of Officers 4.03. Any officer may be removed by the City Council of the City of La Porte, Texas at any time, with or without good cause, Vacancies 4,04. A vacancy in any office may be filled by the City Council of the City of La Porte, Texas for the unexpired portion of the officer's term. Secretary 4.05. The Secretary shall: . Give all notices as provided in the bylaws or as required by law. . Take minutes of the meetings of the Board of Directors and keep the minutes as part of the corporate records. . Maintain custody of the corporate records, authenticate corporate documents and affix the seal of the Corporation as required. . Keep a register of the mailing address of each director and officer of the Corporation. . Perform duties as assigned by the president or Board of Directors. . Perform all duties incident to the office of secretary. Treasurer 4.06. The treasurer shall: . Have charge and custody of and be responsible for all funds and securities of the Corporation. . Receive and give receipts for moneys due and payable to the Corporation from any source. . Deposit all moneys in the name of the Corporation in banks, trust companies, or other depositories as provided by these bylaws. . Write checks and disburse funds to discharge obligations of the Corporation. . Maintain the financial books and records of the Corporation. . Prepare financial reports at least annually, . Perform other duties as assigned by the Board of Directors. . Prepare an annual budget. . Perform all duties incident to the office of treasurer, 5 \~ e e . 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. 6 l2 e e 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. 7 \" e e 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. 8 lLf e e 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 9 \5 ":'.....,:..... e Exhibit B e l(o e e 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 - cD 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. - ..D e Exhibit C e :2..0 e e 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 I f I , . I I ASS7. CITY MGRJFINA(\fC~ ! AUG 0 9 1999 f) L , e e 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) e e 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 e .e 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 ~'t e .e 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~_/ .- Secretary of SliJU SM ~5 e .e 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 ~/~- --/ Secretary of Slal6 SM J.&" e Exhibit D e Ot1 e e 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~\ ;, i o.l'.x,.'. TEXAS COMPTROLLER OF PUBLIC ACCOUNTS AUSTIN, TexAS 78774-0100 August 31, 1999 e e 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 19 e Exhibit E e 30 e e 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) e e 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. .32 e e e e 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. e e 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 2 e e e e 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: e e 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 2 e e 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. 3 e 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 4 e e . e e e 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 RTH: sw e e 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 e e 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 I i APP~~:__ / / /: 0f/ a/ 6r,-./}- Knox W. Askins City Attorney e e e e 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 . e 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~ ~ " -/(tfl v 'N an L. Malo . Mayor ATTEST: irl~ tt1!!: City Secretary APP~riQ: .Ou cJ Knox W. Askins City Attorney 2 e e . - 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\ ~ Date e e 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. e e 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 ~ ~ e 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 ~L. James E. Thompson, P.E. Senior Project Manager JET/sc 3701 Kirby Drive, Suite 860. Houston, Texas 77098. (713) 524-7113 I I I. I: I I I I I I I I . 1 I I - I - e e SPECIFICATIONS AND CONTRACT DOCUMENTS FOR AUXILIARY DIESEL POWER UNIT AT WATER WELL #5 CITY OF LA PORTE, TEXAS MAY, 1999 CMI JOB NO. 99035 ~ ~ I CLAUNCH & MILLER, INC. 3701 KIRBY DRIVE; SUITE 860 HOUSTON, TEXAS 77098 (713) 524-7113 IJ e e 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 e e 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 e e 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. e e 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 ---. .. . 1 -. . .. . CITY OF LA PORTE, TEXAS .. MAY, 1999 CM! JOB NO. 99-007 . ~ . . -' CLAUNCH & MILLER, INC. 3701 KIRBY DRIVE, SUITE 860 HOUSTON, TEXAS 77098 (713) 524-7113 -- . e. EO 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). .... .. OWNER: CONTRACTOR: ' 8~ l.. ~ ~~Ir ~ \?17~' ~ a By: By: ... [CORPORATE SEAL] Attest~(J.J.}fA f1 J r1 ' J4.dU() [CORPORATE SEAL] Attest~ ;f!;~ / !!!!!!!! .... 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 . . . (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: -- - Facsimile: - ---- 00500-8 July 6. 1999 ''i ~ ~ e 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 . . ~ :0" . . e 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 .. , - . . e . ,,!.4 \.. 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 e 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 e 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 e e .;jo~ sr<4~ ;fti; s~Ta~ \ i ~(, PAQ1E.ct' 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 e. .e 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 e e ; .; 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 e e 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 e e 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 ~,~ i , , \ \ '. e e e e 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 e . I A Pedestrian Bicyc e Tra System for La Porte _._n......._._. .--.-oi. __ -. --~ .----- e City of La Porte - Parks & Recreation Department TEXDo T Statewide Transportation Enhancement Program 7/8/99 e Purpose e 2 .-----... 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 -\~~~.~ . . . L.....~. 1984 Comprehensive Plan and Current Update --.--. .. -.:' ---...... :~,-' -. .... ._~..- e e .Current update process stresses importance of alternative transportation .Community support is evident .Window of opportunity ___..1_ 3 7/8/99 Goals and Objectives e II to meet the community need for a pedestrian bicycle trail system e II to submit a program application to TEXDoT for funding of development and design in a cost reimbursement program i ) . " .~ . .. ~ . ~ II to propose a multi-phase program of implementation in approximately ten .. 4 7/8/~egments - - Phase One . would apply for assistance to develop and design a comprehensive system to link our commercial centers, communities and major parks together -r , , III I I 1- I I 1 I 5 7/8/99 :" /1 Conceptua Out ine ;:M ...~ <~ ";':l ,l ; ".,:, -,',:" ::,~ - , -.. . would utilize striped roadway and steel ,'".. .:t reinforced concrete pathways in various . -- , configurations as needed ,I , . would utilize existing sidewalk program where feasible to implement specific e II areas of the system r ----, I i I , 7/8/99 6 for La Porte System Proposed Trail e - 7 1 ~ 'II .1 IIO/'d'::1 '/ " , ~ ..- I . . . ci ::; ::i is ~ ~ 8 ci 0: o ~ o w Z ::; 3i I, .~:' ji .: " SPENCER HWY. ~ ' I'. 'O==~'~Jr' ft _clr,cr~cl! 'r'[':;f1...; .J! -~~ -, I~ . q' ,. ,.' " Q "'.' ...... &oLlr.. .':'et:;- 1/:' n . -__~ ~ ~a , fIP-' r.:tI;lS", f;..,.-'j. : il f:"~t ~J . ft. ': . " . 'I " . 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P;.. ..'- ..... ::;c t g. ., .. - ;...:::;=:= .==r.:IllII::I. !===-~:: I I / , - - - ':"'" "~ ... ..... ..> - -.. .-..,--~_...- - - -... S. LINE OF Ii Ii <>: iii .... o w z ::; s: - ... ... S. LINE OF SHADY RIVER SUBD, .. .. II'" '\' ...~.. ...~ T-; 'I - i." .""= I ----. .t"' ,,":" - ,~-- r,- ..'COI....~OI ! ; 1 I ",I ;!I ;~, ~ ',:- f :y If ..,- j -- \: , [- :. t" . . , ..- . . '\ \ I . \ \ " ( \: ~=11 ,,' ':.. I j l \\., .n ".':ti. "... I .. 'U ~ '" .~. "'_\~ . .,. :1.: t I, l' F. I" I I . . . ~:.,\ ~;~:. ::: ~ ~: J , . . ~..~. . i ~- ... ... ..... '1-:'= ....... .. ...... :~:~ ;n~W:~~ .. .. .. .. . .. .r:o....... . .. .. .. .. ~ .. ". - .1../ .. ~. -- _1:~. ~ ~ ~ It: Ol :z: 0- 0:: o Z , , I .\. ~ , I I I ~, 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 e . existing roadways in neighborhoods . existing feeder streets - . 38,560 feet esti- mated for the project ~:.4-:i 'tr..W.J; . ~ I streets . some arteria i 'r III I ' I : , ! I I I i . , 8 7/8/99 ite Pathways Crushed Gran - . TEXDoT will not approve crushed granite as a part of their program '1 l 1 . , - I i , ' , - 9 . any use of crushed granite walkways would not be eligible for reimbursement 7/8/99 I r I ; : I : ~ I r I - Reinforced Concrete . construction methods e . 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 J .~ ~ i , II I I I I i SYlvan Beach Depot e I ty mportant TEXDoT criteria for approva of future segments renovation of facili . . e . addition of landscaping . bicycle rest stop for dual utilization (continued utilization f, I i "1 " '...l ~~.~ ....e' ;:.:JJ ..d~ .:;~ .}~ f ,"'I )i~ :~ )~' I I ,.) r- ' , . ~ I I , I 11 as a museum) 7/8/99 Big ISland Slough - Bridge e two halves of II connection between Northwest Park near Ii 000 per , $1 - II unit cost of bridge foot (est.) through HCFCD - 12 of soccer field II hydrologic study ti . eln II additional benefit consolidation 7/8/99 to system II I :i .q III I : I : '. : Bayou e Cedar . Itt L - Bridge e . connection between Little Cedar Bayou Park and Recreation & Fitness Center ., ! 'j; ,~ ~ e . hydrologic study through HCFCD to system n . I e ti . "'- : ':... .' ". Ii 13 7/8/99 ons Assumpti e mated at . I . 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) e of renovationllandscaping, Sylvan mated at +/- $60,000 II cost Beach Depot esti '1 -.~ . -...~ .' .0. ," . i ! II ", lli:ijIiI.-- I ! r 1 I 14 7/8/99 Estimated Component CostS for the Conceptua Project - I $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 '~ ~ --- i 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 · , , "j .. , I ~ . 1 . '. , . ' , ~ - 1 I i i j . . e n . 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 e e 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 e MEETING HANDOUTS tit e e Date: ~\' "^-~V\ \:2 , \ 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 e e (D Date: .. ~.,~~ \'1, \ C\. q q " Name: L \ ~CA... ~o\( . Address: r II \'2 ~ C.J ~~O I\JO~_0 0~. 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 \ ~i<... \N\~<;q~\o Co~o \ r \ ~ \J.. ~e~",a \ \\~Q.'E'~e~~ c~ \ ~ \ ~~j ~~. ~ \0'L QN2- ~~~~ ~~~ ~~ Q \\~'~ ~_ \J.3'.-~ ~ \\~~ Ca.~~ ~\~. G..f\A~ ~~ ~ ~ \~ ~ . r (iV) {"^- ~ ~~ IIY'. S~ ~~lo.) ~'~. Q;k~~~~ ~~~"\oaJ~~U . ~l~..~~ . ~ , .....-. U.S. Department of Lab e 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. .. -$-. · e .. . The signed agreement anJlr check for the full amount of the reduced penalty (40 % of the total of initially proposed penalties) must be delivered to the Area Office prior to the expiration of the I5-working day contest period. If mailed, the letter must be postmarked no later than the day the I5-working day contest period ends. If you have any questions regarding the Expedited Informal Settlement Agreement, please contact this office at 713-286-0583. cr1Y, RAYMO Area Dire 1- <6 - 19?i . ~tJ.~ e 0f lo"Z. ())e-ST /hkPtJ e Date: Name: Address: e 23 City, State, Zip: L 1+ [) - f ') r~ttTl, {X. Subject on which I wish to speak: - -..- f1OSTLTu..IliS 011 ~fa;,{ S"'nuT /Jl2.u.ros {jf::r-Ue" 6(>f-UL.'( &:'(..0 ()F(. fhA:ul ';71<bbr kr-f() UoA-nf LA f6~n. fiof<- . rn~rwft1lCl: 'OF S;~ ~ ~De.4k~ 04 ~ ~-r - Cti!Ou-c-:tJl: -ro (1~ Ac.TI tJ r:Tt1 . , , 1-~~1-( 01/<6/ 11 e e 21 Date: ?-j-/7'U RDe~/D f (2Juj I ~~L-e(5Ude'1A~'s , : . ( 38/ W, (J1tL/~ Name: Address: City, S,tate, Zip: ~fo/fe, 7 /275-7/ Subject on which I wish to ~ tJ.-ddre:35.' -9 ( IJ ::, + ; -I- l<.-7 e. s f) f) f1l (l: V] Sf r -e..-eJ J),.AJS be,' rJj of-Y1Li sold /Jh (J1a:'1 sir-e-.e)-- Poo r Ih tl ,'I:'J -w!'j(;{f}C<L 0 f 5 Tr.e..e f5} TQee~ <:f- S,'c!e%lf. ,-~u. re.cz. '-L Oa:l ~ ~; PI dv:d/{tl/s -f",-I-e/':5 CL. ba.-+h IV " --I--A fh -e. h 0 S.e- 'd- .s k..7f " ~ 'j 0 n -;--1 ~ ben~he5 . ...---.-...--. -.- Date: e ~m' e 25 Name: ~-A-~L{!IZ-o.usJ _ . Addre~J /- .;Ja:~~ City, St~ ~ ,J ' ~ 1?57/ Subject on which I wish to speak: ~ -to ~ '~fJ' ~$~ ~1L;.:1&~)rh.P~ -to d~-lg~crt1Z'/M) &~ JJ.-/ UJ/Jp~~;~~ /H.~ ~J~ ~-/).R~ .. ~~~~: " -.-.-----...--. -.- e e z, Date: ~- I 0 - 9 9 Name: \ \ '.. ~ U l'Q.j~ r~pt(f(: Address: Ii) ~ "I-- I.":\) Ii--= 3Jq u 1C10c ULl6LJU City, State, Zip: L. P. JI'O/ } Subject on which I wish to speak: . iJlf1Oi. It.ctm lJJolJ< VV'Y\{J.J./h- st . '~~~&hM -tAM ~ 5~J: 'Ci\~ ~t . ~ fuek~Llf-) PM l' if!: --+h Wt~ VrJJ og . L..olDJ,\ 1- fC r )~Ql) 7 +0' 0 ~Jt U--lVl ~., (1~ -.--.----. .--- e e 27 Date: I~q Name: -:s;,~0 d-~J11(A:::r f?UOl'..IU'J Address: ~ 1~;:)7 5J <.5,p",O City, State, Zip: AR. . 1- -tJrzil:,/ TX 715 7J Subject on which I wish to speak: y ~-r.']:n JJC5 t>>J 8 Tit 5TR-e8f'J fIl ~ S:ri2eeT)/e.r# sflCi -/ arC) ~L If',J<, &5W -' fj.A-I'J:/!_dJ Il1f.) &<lJ4\t'. Pk..} 5roP-P-OO~ ....__._...._ _r _ e 2.8 Date: Name: ? . K ANQ~l ~6Eb@e Address: Q r l l S'b~ U+A ~ 'City, State, Zip: , '1--4~+<5" IK 7757/ Subject on which I wish to speak: J: LuOlIl 0 L (\,(:5 To S 6e + \4 D ~eUG-- AWD c. e.1 ~~ ?~(SBL{.n'V\ A,\)W-<SSSg9. ~ ~ lU ~ H411ff" ~'~~r ~tJ~(rl~ I zg() 3 +C fke-$ ----=::tit , 5 tot 1S1\-12- ~oR.~l) fl ~ 4" c\x). ~ .we' 4etf' c~ f6lA.u~11 r i;l5" 1>'1.,-:> l{!l1\lfJ/}{ 12(51) 11", () 411.d' Ti-le-S<r" 6Jeo~L~J I 4(,{A. 5 VrztS"' 4~" A I Q2K~ U 1 + 6-F DRlJ&-5 '-I- ~'4~b'S .. ~+DP {t+~' ~lc5A-Srr-.l 1);J4W Ie IJ IJ U, r-~ ...---.--- e e 21 Date: ~~'/OJItl.-1 ~ (J .1S'fiIA# Name: Address: ! k: J 1 0 9 J.) OtJih ~ tkJ -t . City, State, Zip: f~ 'rIrL 11jl1 Subject on which I wish to speak: PArY.Jii;A np~ !;/}fAj~,,% fMt ~ I~;ili ~A/J~~' ,dJ1!pi~ ~l!fli~ l~. M fJt? !r!JlfiJi1Jl 7(Mu! M!WJ{ ~1YV1;1~. ~ rJu~ , I ' {).~ r/;I1/~ r.w1,MlM~ih~ opIMtj/~,~ chiifl tI n4 jt pYl1~, /~ ~ fXi;~) lb tAf/J/YlfM. ,tA1 ,1m4/; ~ ~ ~ - eondM4, tJ4'~ dH/!'lf pkw, fol4 0I!!i! ~ t/y# ii ' d+ t/ o/l ~ jfft ~ - ~ ~ ri.<rUh /Ii14' ~ ti&f pp4 Vf/ pljpptj Iff. f4t~ 1Mrrv.1h Mea M. ~;/1JAHA' AI-( ~ ~ ~ 0/ a1j ~dfM~' df if &?% ~ a!I dtt . ~ MfJ~? ...---.-- .- -- - -- e e 3Z> Date: ? - <J - fi Name: .t? RJ /Jlt( bU,eOfd Address: /09 ~ .3,{tJ City, State, Zip: . l/lI6~{. /If 1)~7/ I Subject on which I wish to speak: C;tllla:' NIIo.et Klt/oe;r/Al? 0 tf 111'1 Ooolf:. 117 (..30/l{I'J JfYtfAf? ;V~ 11 CIW1!::frn. 51tAO '7 K/(/o e...KlttJ 6- flit S.OA/i Z:-O Ai t.. {fA- M ~ 70 'lilt /)OO~, /1/A/J1 f.. ~1Io1t//J/I ....__._~. - -. -.- e e 5>( Date: :1./V~ JJ /led "'1 . ~ I 'Ie <,/ Name: Address: 101 S 3"&/ 5r City, State, Zip: L c, A,.,1p I /'4: Subject on which I wish to speak: P"o.rl/j,..,1e { t-lc.t.f"I'J hiif' nIl ~OUN ct)t ~),p I'lj6f eJt1,..,. he-iJ/'J t'J'" Jf.I(I.<,j.~j~ ..J J.,'/I}~ Jf my -A,,(Vl.J. bl'lN..1. TAr. o"'o.r kpl I ~ ]Ol'2rJ J'l j~ .) < .5107' I ~ r. /"'5 h;.., "'- d we I:a M'j-feor ,J ~J.Ct.J Wl:jiJ A'Yr"/1 ntoxLl.l/ .._._------~- . e 32- Date: '1 - \ C) - c:> '0 Nj} ~ ~M"04 ,~ Address: I a 9 :s ~ p\ ~~ T r e ~T City, State, Zip: '_L Ap~ rr~ \~ xAS 'l '15'7 ( I ,. Subject on which I wish to speak: ~ C.1K ~ ~ ~ ~~1p,W ~, <Iv h\~ 09\wt~ ~AlJ<JO_ ~ 0-\\ ~ ~, _PM~'~ ~ ~'- ~ LLl~' ~-llMn8 b., ~*:~. e e ~3 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; --....---.-...--.. -- e e , ~~?J \'l5q 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 e z 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 e .3 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. 1;( ,757) 7"1770/ )I 170} I / I 7 '157 I ~~ ~~'~J 1'1'1., _':oDP.WI ~ ~ ~ ~ · ~~"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) 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. .:.J"". N 1. 2. 3. 4. 5. 6. 7. 8. 9. I 1 ~' 11. 12. 13. 14. 15. 16. 17. 18. 1( 20. 21. 22. 23 e e 7 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. t . ~'_ U\" f\ - ' \ . ' a. -~~..,~ ~.q':"'d" """ ~ .01. *' 1.1:.' '. I .t. , e ~. ~ 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 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. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. e To ,Whom It May Concern: e }o 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. 18. 19. 20. 21. 22. 23. .--.- - I..... ~~ ~~ltJI'l'l1it':oDp.h\.~1Wi II ~ ~~~~~ ~ 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 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. l4. 15. 16. 17. 18. 19. 20. 21. 22. 23. ,II " e e /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 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. 13. 14. 15. 16. 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. ..-- - ( . '~.. ~~ ~~I~II'I'l1.':ODp'",. ~ IW1. ~ ~~~~~~ ,,, 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~/~ I I 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. .- ~ ~~ ~~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 ( CjQPor\~'jK