HomeMy WebLinkAbout1999-08-09 Regular Meeting and Public Hearing
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MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING
OF LA PORTE CITY COUNCIL
AUGUST 9, 1999
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
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Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Peter Griffiths, Alton Porter, Charlie Young, and Mayor Norman
Malone.
Members of Council Absent: Councilperson Deotis Gay and Jerry Clarke.
Members of City Executive Staff and City Emolovees Present: City Manager Robert T.
Herrera, Assistant City Attorney John Armstrong, 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, Director of Administrative Services Louis Rigby, Police
Chief Richard Reff, Assistant Finance Director Cynthia Alexander, Assistant City
Secretary Janis Goulder, Purchasing Agent Susan Kelley, City Planner Masood Malik:,
and Fire Chief Joe Sease.
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Others Present: James Suber, Ron McElvough, Dr. & Mrs. Mock, B. Don Skelton,
Ron Smith, Mr. Berra, Spero Pomonis, Kelly Lannie, Peggy Antone, Colleen Hicks,
Mrs. Griffiths, Anna Griffiths, Dave Fetzer and Moss Fetzer of Moroney & Beissner,
and a number of other citizens.
2.
Reverend Alan Neel from Life Community Church delivered the Invocation.
3.
Council considered approving the minutes of the Regular Meeting on July 26, 1999.
Motion was made bv Counciloerson Ene:elken to aoorove the minutes of the Ree:ular
Meetin,g as oresented. Second by Councilperson Sutherland. The motion carried
unanimously.
Ayes: Sutherland, Engelken, Ebow, Porter, Young, and Mayor Malone
Nays: None
Abstain: Griffiths
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL.
A. James Suber - 3902 Bonita - Representing Bay Colony Property Association
addressed Council to oppose the Bayport Terminal Facility and the lack of
response from the Council.
B. Ron McElvough - 427 Bayridge - Mr. McElvough advised Council he opposed
their policy on EMS transportation services. He wanted to be transported to
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City Council Minutes - August 9, 1999 - Page 2
Houston and current policy only allows transports to Baytown, Clear Lake and
Pasadena hospitals. He also suggested we purchase a system for the hearing
impaired for the council chambers.
C. P.1. Mock - 719 Sylvan La Porte - addressed Council to oppose the Bayport
Expansion. His concerns included light, air, water, and noise pollution and
property values.
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Mayor announced copies of the draft position paper on the Bayport Expansion
were at the back of the Council Chambers for citizen review.
5. Open Public Hearing - Mayor Malone opened the Public Hearing at 6:20 PM.
Review by Staff - Assistant City Manager John Joems presented summary and
recommendation regarding the additions/deletions to the Tax Increment Reinvestment
Zone Number 1 and answered questions.
Public Input - None.
Recommendation of Staff - Mr. Joems recommended the City proceed with the Tax
Increment Reinvestment Zone Number 1 additions and deletions.
Close Public Hearing - Mayor Malone closed the Public Hearing at 6:29 PM.
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6.
Council considered approving an ordinance enlarging the boundaries of Tax
Reinvestment Zone Number One.
Assistant City Manager John Joerns presented summary and recommendation and
answered questions for City Council.
Assistant City Attorney read: ORDINANCE 99-2350 - AN ORDINANCE
ENLARGING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER ONE,
CITY OF LA PORTE, TEXAS; CONTAINING FINDINGS AND PROVISIONS
RELATED TO THE FOREGOING SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Ebow to approve the ordinance as presented by Mr.
Joerns. Second by Councilperson Porter. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, and Mayor Malone.
Nays: None
Abstain: None
7. Open Public Hearing - Mayor Malone opened the Public Hearing at 6:35 PM.
Review by Staff - Director of Planning Doug Kneupper presented summary and
recommendation regarding the rezoning oflots 17 - 32 of block 335 and lots 1- 16 of
block 334 from G€meral Commercial (GC) to Business Industrial (BI). The City mailed
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City Council Minutes - August 9, 1999 - Page 3
out 14 notices to surrounding citizens and received 8 responses. All responses received
were positive.
Public Input - None.
Recommendation of Staff - Mr. Kneupper recommended the City proceed with the
rezoning as discussed above.
Close Public Hearing - Mayor Malone closed the Public Hearing at 6:39 PM.
8. Council considered approving an ordinance regarding rezoning lots 17 - 32 of block 335
and lots 1 - 16 of block 334 from General Commercial (GC) to Business Industrial (BI).
Director of Planning Doug Kneupper presented summary and recommendation and
answered questions for City Council.
Assistant City Attorney read: ORDINANCE 1501-FF - AN ORDINANCE AMENDING
ORDINANCE NO. 1501, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION
OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; MAKING
CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Engelken to approve the ordinance as presented by
Mr. Joerns. Second by Councilperson Young. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, and Mayor Malone.
Nays: None
Abstain: None
9. Council considered a resolution approving the official notice of sale and official
statement of the La Porte Area Water Authority contract revenue refunding bonds series
1999.
Assistant City Manager Jeff Litchfield presented summary and recommendation.
Assistant City Attorney read: RESOLUTION 99-26 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE OFFICIAL
NOTICE OF SALE AND OFFICIAL STATEMENT FOR THE LA PORTE AREA
WATER AUTHORITY CONTRACT REVENUE REFUNDING BONDS, SERIES
1999.
Motion was made by Councilperson Sutherland to approve the ordinance as presented by
Mr. Litchfield. Second by Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, and Mayor Malone.
Nays: None
Abstain: None
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City Council Minutes - August 9, 1999 - Page 4
10. Council considered authorizing the City Manager to enter into a contract with J. Berra
Engineering, Inc. to develop a set of documents to streamline the City's Emergency Plan.
Fire Chief Joe Sease presented summary and recommendation and answered questions
for City Council.
Motion was made by Councilperson Engelken to approve the ordinance as presented by
Mr. Sease. Second by Councilperson Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, and Mayor Malone.
Nays: None
Abstain: None
11. Council considered approving an ordinance authorizing an agreement between the City of
La Porte and Esor Consulting Engineers, Inc., to provide professional engineering
services for final design and construction contract documents for improvements to Caniff
Road.
Director of Planning Doug Kneupper presented summary and recommendation and
answered questions for City Council.
Assistant City Attorney read: ORDINANCE 99-2351 - AN ORDINANCE APPROVING
AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE
AND ESOR CONSULTING ENGINEERS, INC., TO PROVIDE PROFESSIONAL
ENGINEERING SERVICES FOR FINAL DESIGN AND CONSTRUCTION
CONTRACT DOCUMENTS FOR IMPROVEMENTS TO CANIFF ROAD;
APPROPRIATING NOT TO EXCEED $25,933.00 TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Engelken to aoorove the ordinance as presented bv
Mr. Kneupper. Second by Councilperson Sutherland. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, and Mayor Malone.
Nays: None
Abstain: None
12. Council considered awarding bid for street materials to Gulf States Asphalt for items 1 &
2 and Crafco Texas, Inc. for item 3.
Director of Public Works Steve Gillett presented summary and recommendation and
answered questions for City Council.
Motion was made by Councilperson Porter to approve the agreement as presented by
Mr. Gillett. Second by Councilperson Young. The motion carried unanimously.
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City Council Minutes - August 9, 1999 - Page 5
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, and Mayor Malone.
Nays: None
Abstain: None
13. Council received report regarding proposed relocation of original Library building to
Depot Park site by La Porte-Bay Area Boulevard extension.
City Manager Robert T. Herrera presented summary and recommendation and answered
questions for City Council.
Council directed Mr. Herrera to proceed with the relocation of the Library building.
14. Council received a report regarding Bay Area Boulevard Extension.
Director of Planning Doug Kneupper presented summary and recommendation and
answered City Council's questions.
Council directed Mr. Kneupper to move forward with current road alignment and send
letter to Harris County.
15. Council received a report regarding proposed Port of Houston Bayport Expansion.
City Manager Robert T. Herrera presented summary and recommendation and
answered City Council's questions.
Council directed Mr. Herrera to proceed forward with proposed position paper on Port
of Houston Bayport Expansion. Council noted future changes could be made if needed.
16. ADMINISTRA TNE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. Budget Workshop - August 16 - 20, 1999
B. City observes Labor Day Holiday - September 6, 1999
17. COUNCIL ACTION
Councilpersons Sutherland, Engelken, Ebow, Griffiths, Porter, Young, and Mayor
Malone brought items to Council's attention.
18. 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
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL
MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION
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City Council Minutes - August 9, 1999 - Page 6
REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
A. 551.071 (CONSULTATION WITH ATIORNEY) MEET WITH CI1Y
ATIORNEY AND CI1Y MANAGER TO DISCUSS LAND ACQUISITION.
B. 551.074 (PERSONNEL MATIER) MEET WITH CITY MANAGER TO
DISCUSS PERSONNEL MATIER.
Council retired into Executive Session at 7:40 PM under Section 551.071 (Consultation
with Attorney) and Section 551.074 (Personnel Matters).
Council Adjourned Executive Session at 8:26 PM.
Council returned to the table at 8:27 PM, with no action taken.
19 CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
No action taken.
20. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 8:28 PM.
Respectfully submitted,
011~
~;~a Gillett
City Secretary
Pas~~fAUgust 1999.
({~ L. Malone, Mayor
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REOUEST F6t CITY COUNCIL AGENDA ITEM e
Agenda Date Requested: ~~ 9 1999
I V g
Requested By: John Joe~ B",I
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_ Report _ ResOIl, 0
Exhibits:
1. Public Notice and Map
2. Ordinance No. and Exhibits "A" and "B"
Department: Administration
x
Ordinance
SUMMARY & RECOMMENDATION
At the May 24 Public Hearing on creation of Tax Increment Reinvestment Zone Number 1, staff introduced for
public record a report summarizing direction received by staff at the May 17 Council workshop.
The report dealt with a proposed expansion to Reinvestment Zone No. 1. To insure proper notice, Council, on
June 1, called for a Public Hearing on August 9 to consider a proposed expansion to Tax Increment Reinvestment
Zone No.1, City of La Porte, Texas.
The map attached to the public notice depicts the (1) deletion and (7) additions to Zone 1.
Also, at the May 24 Public Hearing Eddie Gray and Decker McKim each requested that certain properties be
added to the Zone. Eddie Gray later forwarded the legal description of the property. This property was already
included in the areas Council was considering adding. Blocks 1132 and 1149 requested by Decker McKim were
added, along with Blocks 1131 and 1150, to the proposed expansion map.
At the close of the Public Hearing Council will consider an ordinance expanding Tax Increment Reinvestment
Zone No.1, City of La Porte, Texas.
Action Required by Council:
After the Public Hearing is closed, Council will consider approval of an ordinance enlarging the boundaries of
Reinvestment Zone Number One, City of La Porte, Texas.
Availability of Funds:
General Fund_ WaterlWastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number:
Funds Available: YES NO
A~Ved for City Council Aeenda
<. ~~ T.~ ~".(-'I'\
Robert T. Herrera Date
City Manager
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING FOR EXPANSION OF REINVESTMENT ZONE NUMBER ONE,
CITY OF LA PORTE, FOR TAX INCREMENT FINANCING PURPOSES PURSUANT TO
CHAPTER 311, TEXAS TAX CODE.
Notice is hereby given that the City Council of the City of La Porte will hold a public hearing
on Monday, August 9, 1999, beginning at 6:00 p.m. o'clock in the City Council Chambers, City Hall,
604 West Fairmont Parkway, La Porte, on the expansion of Reinvestment Zone Number One, City of
La Porte, Texas (referred to as Reinvestment Zone Number One) for tax increment financing
purposes pursuant to Chapter 311 of the Texas Tax Code and its benefits to the city and the.
properties to be included in the Zone. The proposed expansion of Reinvestment Zone Number One
as shown in the following map, includes approximately 319 acres of land within the City of La Porte,
and contains substantially open, vacant and unserved property. If combined with the current
boundaries of Reinvestment Zone Number One, the total acreage will be approximately 1,356 acres.
Tentative plans include the expenditure of certain defined public funds for eligible project costs
including planning, engineering, and construction of new water distribution facilities, wastewater
collection facilities, storm drainage improvements, construction and reconstruction of streets, and
other related public improvements, as well as the costs of organizing and operating the Zone. The
general impact of the expansion of the Zone will be to increase the value of taxable properties
through the construction of new public and private improvements.
All persons are invited to attend the hearing and speak for or against the expansion of
Reinvestment Zone Number One, its proposed boundaries or the concept of tax increment financing.
Owners of property in the proposed Zone may protest orally or in writing the inclusion of their
property in the Zone. The proposed expansion of Reinvestment Zone Number One is described
below and shown in the following map, attached to this notice as Exhibit "A". A map and description
of the proposed expansion may be obtained in the Office of the City Secretary of the City of La
Porte, 604 West Fairmont Parkway, La Porte 77571.
PROPOSED BOUNDARY OF EXPANSION TO REINVESTMENT ZONE NUMBER ONE, CITY OF
LA PORTE, TEXAS
STATE OF TEXAS )
COUNTY OF HARRIS )
TRACT NO.1:
BEGINNING at the intersection of the east right-of-way line of San Jacinto Street and the north right-
of-way line of Caplen Avenue (East DID Street);
THENCE in an easterly direction along the north right-of-way line of Caplen Avenue to its
intersection with the east right-of-way line of Virginia Street;
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THENCE in a southerly direction along the east right-of-way line of Virginia Street to its intersection
with the east right-of-way line of Park Drive;
THENCE in a southwesterly direction along the east right-of-way line at Park Drive to its intersection
with the north right-at-way line at North Circle Drive;
THENCE in an easterly direction along the north right-of-way line of North Circle Drive to its
intersection with the west right-at-way line of Bayshore Drive;
THENCE in a southerly direction along the west right-of-way line at Bayshore Drive to its intersection
with the east right-at-way line at San Jacinto Street, as extended south;
THENCE in a northerly direction along the east right-at-way line of San Jacinto Street to the Point at
Beginning.
TRACT NO.2:
BEGINNING at the intersection of the east right-of-way line of Park Drive and the west right-of-way
line at San Jacinto Street;
THENCE in a southerly direction along the west right-at-way line of San Jacinto Street to its
intersection with the west right-at-way line of Bays hare Drive;
THENCE in a southerly direction along the west right-of-way line of Bayshore Drive to its intersection
with the north right-of-way line at Fainnont Parkway;
THENCE in a westerly direction along the north right-of-way line of Fainnont Parkway to its
intersection with the east right-at-way line of Park Drive;
THENCE in a northerly direction along the east right-of-way line at Park Drive to the Point of
Beginning.
TRACT NO.3:
BEGINNING at the intersection of the south line of the said 6.3192 acre tract extended and the west
line of the Union Pacific Railroad;
THENCE in a northerly direction along the west line at the Union Pacific Railroad to its intersection
with the south right-at-way line at Fainnont Parkway;
THENCE in an easterly direction along the south right-of-way line at Fainnont Parkway to its
intersection with the east right-at-way line of South 16th Street;
THENCE in a southerly direction along the east right-of-way line of South 16th Street to its
intersection with the north right-of-way line of West "K" Street;
THENCE in an easterly direction along the north right-at-way line at West "K" Street to its
intersection with the east right-of-way line of South 12th Street;
THENCE in a southerly direction along the east right-of-way line of South 12th Street to its
intersection with the north right-at-way line of West "L" Street;
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THENCE in an easterly direction along the north right-ot-way line ot West UL. Street to its
intersection with the west right-ot-way line ot State Highway 146;
THENCE in a southerly direction along the west right-of-way line of State Highway 146 to its
intersection with the south line of said 6.3192 acre tract as extended east;
THENCE in a westerly direction along the south right-of-way line ot said 6.3192 acre tract to the
Point of Beginning.
SAVE AND EXCEPT FOR THE FOLLOWING TRACT CONSISTING OF 20.68 ACRES OF LAND
MORE OR LESS:
BEGINNING at the intersection ot the west right-of-way line of South 16th Street and the south right-
of-way line of West DL. Street;
THENCE in a westerly direction along the south right-of-way line of West uL. Street extended to its
intersection with the east line of the Union Pacific Railroad;
THENCE in a southerly direction along the east line of the Union Pacific Railroad to its intersection
with the south line ot a 3.3263 acre tract extended, being the south line of the Bayou City. Industrial
Park;
THENCE in an easterly direction along the extended south line of the said Bayou City Industrial Park
to its intersection with the west right-of-way line ot South 16th Street;
THENCE in a northerly direction along the west right-ot-way line of South 16th Street to its
intersection with the north right-ot-way line of West .0. Street (abandoned);
THENCE in a westerly direction along the north right-ot-way line ot West uO. Street (abandoned) to
its intersection with the west line ot the Johnson Hunter Survey, A-35;
THENCE in a northerly direction along the west line of the Johnson Hunter Survey, A-35 to its
intersection with the north right-ot-way line ot West UM. Street;
THENCE in an easterly direction along the north right-at-way line at West UM. Street to its
intersection with the west right-of-way line of South 16th Street;
THENCE in a northerly direction along the west right-of-way line of South 16th Street to the Point of
Beginning.
TRACT NO.4:
BEGINNING at the intersection ot the south right-ot-way line ot Fairmont Parkway and the west
right-of-way line of Dakota Street;
THENCE in an easterly direction along the south right-of-way line of Fairmont Parkway to its
intersection with the west right-of-way line ot Bayshore Drive;
THENCE in a southerly direction along the west right-of-way line of Bayshore Drive to its intersection
with the south right-of-way line ot Grove Street;
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THENCE in a westerly direction along the south right-ot-way line ot Grove Street to its intersection
with the west right-ot-way line of Park Drive;
THENCE in a southerly direction along the west right-of-way line of Park Drive to its intersection with
the west right-of-way line of Montana Street;
THENCE in a westerly and northerly direction along the west right-of-way line of Montana Street to
its intersection with the west right-of-way line of Dakota Street (extended);
THENCE in a northerly direction along the west right-of-way of Dakota Street to the Point of
Beginning.
TRACT NO.5:
BEGINNING at the intersection of the north right-of-way line of Forest Avenue and the west right-of-
way line of Bayshore Drive;
THENCE in a northwesterly direction along the north right-ot-way line of Forest Avenue to its
intersection with the east right-of-way line of South Broadway;
THENCE in a southerly direction along the east right-of-way line of South Broadway to its
intersection with the center line ot Little Cedar Bayou;
THENCE in a southeasterly direction, meandering the centerline ot Little Cedar Bayou to its
intersection with the west right-of-way line of Park Drive;
THENCE in a northerly direction along the west right-of-way line ot Park Drive to its intersection with
the south right-ot-way line of Garfield;
THENCE in an easterly direction along the south right-ot-way line ot Garfield to its intersection with
the west right-of-way line of Bayshore Drive;
THENCE in a northerly direction along the west right-of-way line ot Bayshore Drive to its intersection
with the north right-of-way line ot Garfield;
THENCE in a westerly direction along the north right-of-way line ot Garfield to its intersection with
the east right-ot-way line ot Oregon Street;
THENCE in a northerly direction along the east right-ot-way line ot Oregon Street to its intersection
with the south right-ot-way line ot Forest Avenue;
THENCE in an easterly direction along the south rig~t-ot-way line of Forest Avenue to its intersection
with the west right-ot-way line ot Bayshore Drive;
THENCE in a northerly direction along the west right-ot-way line ot Bayshore Drive to the Point of
Beginning.
TRACT NO.6:
BEGINNING at the intersection ot the west right-ot-way line ot South Broadway and the south right-
ot-way line of West "Y" Street (abandoned); .
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THENCE in a westerly direction along the abandoned south right-of-way line of West KY" Street to
the northwest comer of the abandoned Tidewood Section One Subdivision as recorded in Volume
66 Page 61 of Harris County Map Records;
THENCE in a southerly direction along the west line of the said Tidewood Subdivision extended
south to its intersection with the south right-of-way line of McCabe Road;
THENCE in a westerly direction along the south right-of-way line of McCabe Road to its intersection
with the centerline of West Taylor Bayou;
THENCE in a southerly direction along the centerline of West Taylor Bayou to its intersection with
the north line of the Shady River Subdivision as extended west;
THENCE in an easterly direction along the extended north line of Shady River Subdivision to its
intersection with the east right-of-way line of South Broadway;
THENCE in a northerly direction along the east right-of-way line of South Broadway to the Point of
Beginning.
TRACT NO.7:
BEGINNING at the intersection of the south right-of-way line of West KK" Street and the west right-of-
way line of South 6th Street;
THENCE in a westerly direction along the south right-of-way line of West KKD Street to its intersection
with the east right-of-way line of State Highway 146;
THENCE in a southerly direction along the east right-of-way line of State Highway 146 to its
intersection with the north right-of-way line of Little Cedar Bayou Drive rNest KMD Street);
THENCE in an easterly direction along the north right-of-way line of Little Cedar Bayou Drive to its
intersection with the west right-of-way line of South 6th Street;
THENCE in a northerly direction along the west right-of-way line of South 6th Street to the Point of
Beginning.
DELETION FROM TIRZ NO.1
TRACT NO.1
A 6.3192 Acre Tract of Land known as Boncosky Tru.cking Terminal Restricted Reserve DAD filed for
record by Film Code No. 409104 of the Harris County Map Records.
CITY OF LA PORTE
vfiJMJvL .}/llhJl
Martha Gillett
City Secretary
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-J TO EXISTING T.I.R.Z. NO.1
LA PORTE, TEXAS
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MAY 25, 1999
EXHIBIT "A"
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City of La Porte, Texas, Ordinance No. 41i - '2. 350
AN ORDINANCE ENLARGING THE BOUNDARIES OF REINVESTMENT ZONE
NUMBER ONE, CITY OF LA PORTE, TEXAS; CONTAINING FINDINGS AND
PROVISIONS RELATED TO THE FOREGOING SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte pursuant to the provisions of Chapter
311, Texas Tax Code, created Reinvestment Zone Number One, La Porte, Texas, (the "Zone") by
Ordinance 99-2325, passed May 24, 1999; and
WHEREAS, the City may enlarge the boundaries of an existing reinvestment zone pursuant to
Section 311.007(a); and
WHEREAS, the City Council finds that the area proposed to be included in the Zone is located
wholly within the corporate limits of the City of La Porte and is contiguous to the existing boundaries
of the Zone.
WHEREAS, the City Council finds that the area meets the requirements of Section 311.005 of
the Texas Tax Code because the area proposed to be added to the Zone substantially impairs and
arrests the sound growth of the City because it contains substantial areas that are predominantly open
and underdeveloped, and lack public water distribution, wastewater collection and storm drainage
facilities, and have defective or unusual conditions of title, and exhibit deterioration of site or other
improvements, which conditions substantially impair and arrest the sound growth of the City.
WHEREAS, less than ten percent of the property proposed to be included in the enlarged
Zone, excluding property dedicated to public use, is used for residential purposes, as defined in Section
311.006 of the Texas Tax Code; and
WHEREAS, the total appraised value of taxable real property in the enlarged Zone and in any
other existing reinvestment zones does not exceed fifteen percent of the total appraised value of
taxable real property in the City and in the industrial districts created by the City; and
WHEREAS, the enlarged Zone does not contain more than fifteen percent of the total
appraised value of real property taxable by Harris County or the La Porte Independent School District,
within whose boundaries the Zone, as enlarged, is located; and
WHEREAS, the proposed improvements in the enlarged Zone will significantly enhance theovalue of all taxable real property in the Zone and will be of general benefit to the City.
QQ-l!5"O
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e
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCn. OF THE CITY OF LA PORTE, TEXAS:
Section 1. That the facts and recital contained in the preamble of this ordinance are hereby
found and declared to be true and correct.
Section 2. Enlal1!ement of the Reinvestment Zone Number One. City of La Porte
The City, acting under the provisions of Chapter 311, Texas Tax Code, including Section
311.005(a) and 311.007(a), does hereby enlarge the Zone, Texas, by adding the area described in
Exhibit "A" and depicted in the map attached hereto as Exhibit "B".
Section 3. Tax Increment Base
The enlargement of the Zone shall be effective on the effective date of this Ordinance. The tax
increment base for the enlarged Zone shall include the tax increment base established by Ordinance
99-2325, and after the effective date of this Ordinance shall include the land added to the Zone by this
Ordinance.
Section 4. Ratification
The creation of the Zone by Ordinance No. 99-2325 is hereby ratified and confirmed.
Section 5. Severability
If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the
application of same to any person to set circumstances, is for any reason held to be unconstitutional,
void or invalid, the validity of the remaining provisions of this Ordinance or their application to other
persons or set of circumstances shall not be affected thereby, it being the intent of the City Council in
adopting this Ordinance that no portion hereof or regulations connected herein shall become
inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any portion hereof,
and all provisions of this Ordinance are declared severable for that purpose.
Section 6.
ODen Meetine:s
It is hereby found, determined and declared that a sufficient written notice of the date, hour,
place and subject of the meeting of the City Council at which this Ordinance was adopted was posted
at a place convenient and readily accessible at all times to the general public at the City Hall of the
City for the Time required by law preceding its meeting, as required by the Open Meetings Law, Texas
2
qq-l~D
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Government Code, Ch. 551, 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 hereof 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 7.
Notices
The contents of the notice of the public hearing, which hearing was held before the City
Council on August 9, 1999, and the publication of said notice, are hereby ratified, approved and
confirmed.
Section 8.
This Ordinance shall be effective from and after its passage and approval, and it
is so ordered.
PASSED AND APPROVED, this A-tL d f A11/Ju."'''' 1999
'1 ayo~, .
By:
;z:;;;;t
Norman:&/M 0 ~ '
Mayor
ATTEST:
vfYI/J A J,J/llLa. )idJHi~
~ Gillett
City Secretary
e EXHIBIT .'"A"
e
1
STATE OF TEXAS
COUNTY OF HARRIS
ADDmONS TO TIRZ NO.1
TRACT NO. 1:
BEGINNING at tbe intersection oftbe east right-of-way line of San Jacinto Street and the north right-of-
way line ofCaplen Avenue (East "I" Street);
THENCE in an easterly direction along tbe north right-of-way line of Caplen Avenue to its intersection
witb the east right-of-way line of Virginia Street;
THENCE in a southerly direction along the east right-of-way line of Virginia Street to its intersection with
the east right-of-way line of Park Drive;
THENCE in a southwesterly direction along the east right-of-way line of Park Drive to its intersection with
the north right -of-way line of North Circle Drive;
THENCE in an easterly direction along tlle north right-or-way line of North Circle Drive to its intersection
witb tbe west right-of-way line of Bayshore Drive;
THENCE in a soutllerly direction along tlle west right-of-way line of Bayshore Drive to its intersection
witb tbe east right-of-way line of San Jacinto Street, as extended soutll;
THENCE in a northerly direction along tlle east right-of-way line of San Jacinto Street to tlle Point of
Beginning.
TRACT NO.2:
BEGINNING at tlle intersection oftlle east right-of-way line of Park Drive and the west right-of-way line
of San Jacinto Street;
THENCE in a soutllerly direction along the west right-of-way line of San Jacinto Street to its intersection
with the west right-of-way line of Bayshore Drive;
THENCE in a southerly direction along the west right-of-way line of Bay shore Drive to its intersection
witb tbe north right-of-way line of Fainnont Parkway;
THENCE in a westerly direction along the north right-of-way line of Fainnont Parkway to its intersection
with tbe east right-of-way line of Park Drive;
THENCE in a northerly direction along tlle e.1st right-of-way line of Park Drive to the Point of Beginning.
TRACT NO.3:
BEGINNING at tbe intersection of tlle soutllline of tlle said 6.3192 acre tract extended and the west line of
the Union Pacific Railroad;
THENCE in a northerly direction along the west line of tlle Union Pacific Railroad to its intersection witb
the south right-of-way line of Fainnont Parkway;
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2
THENCE in an easterly direction along the south right-of-way line of Fainnont Parkway to its intersection
with the east right-of-way line of South 16th Street;
THENCE in a southerly direction along the east right-of-way line of South 16th Street to its intersection
with the north right-of-way line of West "K" Street;
THENCE in an easterly direction along the north right-of-way line of West "K" Street to its intersection
with the east right-of-way line of South 12th Street;
THENCE in a southerly direction along the east right-of-way line of South 12th Street to its intersection
with the north right-of-way line of West "L" Street;
THENCE in an easterly direction along the north right-of-way line of West "L" Street to its intersection
with the west right-of-way line of State Highway 146;
THENCE in a southerly direction along the west right-of-way line of State Highway 146 to its intersection
with the south line of said 6.3192 acre tract as extended east;
THENCE in a westerly direction along tIle south right-of-way line of said 6.3192 acre tract to tIle Point of
Beginning.
SA VE AND EXCEPT FOR THE FOLLOWING TRACT CONSISTING OF 20.68 ACRES OF LAND
MORE OR LESS:
BEGINNING at tIle intersection of tIle west right-of-way line of South 16th Street and tIle soutIl right-of-
way line of West "L" Street;
THENCE in a westerly direction along the south right-of-way line of West "L" Street extended to its
intersection with the east line of the Union Pacific Railroad;
THENCE in a southerly direction along tIle east line of the Union Pacific Railroad to its intersection with
the south line ofa 3.3263 acre tract extended, being tIle south line of tIle Bayou City Industrial Park;
THENCE in an easterly direction along tIle extended south line of tIle said Bayou City Industrial Park to its
intersection with tIle west right-of-way line of South 16th Street;
THENCE in a northerly direction along the west right-of-way line of South 16d1 Street to its intersection
with the north right-of-way line of West "0" Street (abandoned);
THENCE in a westerly direction along the north right-of-way line of West "0" Street (abandoned) to its
intersection with the west line of the Johnson Hunter Survey, A-3S;
THENCE in a northerly direction along tIle west line of tIle Johnson Hunter Survey, A-35 to its intersection
with the north right-of-way line of West "M" Street;
THENCE in an easterly direction along tIle nortll right-of-way line of West "M" Street to its intersection
with the west right-of-way line of South 16th Street;
THENCE in a northerly direction along the west right-of-way line of South 16th Street to tIle Point of
Beginning.
It
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TRACT NO.4:
BEGINNING at the intersection of the south right-of-way line of Fainnont Parkway and the west right-of-
way line of Dakota Street;
THENCE in an easterly direction along the south right-of-way line of Fainnont Parkway to its intersection
with the west right-of-way line of Bayshore Drive;
THENCE in a southerly direction along the west right-of-way line of Bay shore Drive to its intersection
with the south right-of-way line of Grove Street;
THENCE in a westerly direction along the south right-of-way line of Grove Street to its intersection with
the west right-of-way line of Park Drive;
THENCE in a soutllerly direction along the west right-of-way line of Park Drive to its intersection with the
west right-of-way line of Montana Street;
THENCE in a westerly and northerly direction along the west right-of-way line of Montana Street to its
intersection with the west right-of-way line of Dakota Street (extended);
THENCE in a nortllerly direction along tlle west right-of-way of Dakota Street to tlle Point of Beginning.
TRACT NO.5:
BEGINNING at tlle intersection oftlle north right-of-way line of Forest Avenue and tlle west right-of-way
line of Bay shore Drive;
THENCE in a nortllwesterly direction along the north right-of-way line of Forest Avenue to its intersection
with the east right-of-way line of South Broadway;
THENCE in a southerly direction along the east right-of-way line of South Broadway to its intersection
witll the center line of Little Cedar Bayou;
THENCE in a southeasterly direction, meandering the centerline of LittIe Cedar Bayou to its intersection
with the west right-of-way line of Park Drive;
THENCE in a nortllerly direction along the west right-of-way line of Park Drive to its intersection with the
south right-of-way line of Garfield;
THENCE in an easterly direction along the south right-of-way line of Garfield to its intersection with tlle
west right-of-way line of Bay shore Drive;
THENCE in a northerly direction along tIle west right-of-way line of Bayshore Drive to its intersection
witll the north right-of-way line of Garfield;
THENCE in a westerly direction along the north right-of-way line of Garfield to its intersection with the
east right-of-way line of Oregon Street;
THENCE in a northerly direction along tIle east right-of-way line of Oregon Street to its intersection with
the soutll right-of-way line of Forest Avenue;
THENCE in an easterly direction along the south right-of-way line of Forest Avenue to its intersection with
the west right-of-way line of Bay shore Drive;
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THENCE in a northerly direction along tIle west right-of-way line of Bayshore Drive to tlle Point of
Beginning.
TRACT NO.6:
BEGINNING at the intersection of the west right-of-way line of Soutll Broadway and tlle south right-of-
way line of West "Y" Street (abandoned);
THENCE in a westerly direction along the abandoned soutll right-of-way line of West "Y" Street to the
northwest comer of the abandoned Tidewood Section One Subdivision as recorded in Volume 66 Page 61
of Hams County Map Records;
THENCE in a soutllerly direction along tlle west line of tlle said Tidewood Subdivision extended south to
its intersection witll tIle south right-of-way line of McCabe Road;
THENCE in a westerly direction along the soutll right-of-way line of McCabe Road to its intersection with
the centerline of West Taylor Bayou;
THENCE in a soutllerly direction along tlle centerline of West Taylor Bayou to its intersection witll tlle
north line of tlle Shady River Subdivision as extended west;
THENCE in an easterly direction along tlle extended north line of Shady River Subdivision to its
intersection with the east right-of-way line of South Broadway;
THENCE in a northerly direction along tIle east right-of-way line of South Broadway to tlle Point of
Beginning.
TRACT NO.7:
BEGINNING at tlle intersection of the south right-of-way line of West "K" Street and tIle west right-of-
way line of South 6lh Street;
THENCE in a westerly direction along tlle south right-of-way line of West "K" Street to its intersection
witll tlle east right-of-way line of State Highway 146;
THENCE in a southerly direction along the east right-of-way line of State Highway 146 to its intersection
witll the north right-of-way line of Little Cedar Bayou Drive (West "M" Street);
THENCE in an easterly direction along the north right-of-way line of Little Cedar Bayou Drive to its
intersection with the west right-of-way line of Soutll 6lh Street;
THENCE in a northerly direction along the west right-of-way line of Soutll 6th Street to tlle Point of
Beginning.
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STATE OF TEXAS
COUNTY OF BARRIS
DELETION FROM TIRZ NO.1
TRACT NO.1
A 6.3192 Acre Tract of Land known as Boncosky Trucking Tenninal Restricted Reserve "A" filed for
record by Film Code No. 409104 of the Banis County Map Records.
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~'b~i~ = _rn[l]rno rn I]]Ol ~~"[J ~ )':~\)\) N.T.S.
D~ "" ODD 00 000' DDO~ ~~ ~aQ ~
II II 'J E ~TIM~INlT1rli I flili1).nGf\\)\)' a ~ ~~
I II II U LJLJLJLJLJLJLJLJLJ~ ~\)~QG ('\~
'"'g i ODD D_~DDD88BBDDD ~jJ a\fi ~
; i 8BBBB88~BBBBBBB8: 10 ?\~j:;e,&\ ~
~ rnrnooDO ODD .0 ~ =l ' ~, ~a ~ ~
~'. rrrnrnrn D[]][l]OO= = v"~ ~~
~ . oorn[]J o [I][[][]O = = ~
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PROPOSED BOUNDARY CHANGES
TO EXISTING T.I.R.Z. NO.1
LA PORTE, TEXAS
II PROPOSED EXPANSION
Cl ..........
=\
~ G PROPOSED DELETlON
" _ BOUNDARY OF TIRZ NO.1
." _ (CREATED BY CLP ORD. 99-2325)
. J[J[J[.~
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iIIi 11:11 l'
MAY 25, 1999
EXHIBIT "B"
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: August 9, 1999
Requested By: Doug Kneupper
Report Resolution
Exhibits: 1. Ordinance 1501- 4. Area Map
2. Public Notice Response
3. Comparison ofGC & BI
Department: Planning
X Ordinance
Summarv & Recommendation
The Planning & Zoning Commission, during its July 15, 1999, meeting held a public hearing to receive
citizen comments regarding Rezone Request #R99-00 1. The request, submitted by Port Properties Inc.,
seeks to rezone lots 17-32 of Block 335, La. Porte, Harris County, Texas. The property is located at 629
North 8th Street. The applicant is seeking a zone change from General Commercial (GC) to Business
Industrial (BI). The purpose of rezoning is to develop truck service, maintenance, and repair facilities.
A zone change would result in one-half of Block 335 being rezoned to Business Industrial, while the other
half block along State Highway 146 remains Commercial. In addition, staff has included lots 1-16 of
Block 334 to the request because we feel this provides for better land use opportunities along Barbours
Cut Boulevard. A comparison of yard setbacks and permitted uses in GC and BI zones are attached.
Staff has reviewed the applicant's request and found it to be reasonable. The requested change conforms
to the present zoning and uses of nearby properties. The current land use and development pattern also
conforms to the proposed use. The tracts in question are bounded by Business Industrial and Light
Industrial to the north, and Business Industrial to the east. Neighboring land uses should not detract from
the enjoyment or value of properties.
The development within the subject tracts should not negatively impact the surrounding properties and
should not harm the value of the nearby properties. The change should not cause a negative impact on the
public health, safety, and welfare of the City. Furthermore, the requested change would not be contrary to
the goals and objectives of the City's Comprehensive Plan.
After receiving input from both proponents and opponents, the Planning and Zoning Commission, by
unanimous vote, has recommended approval of the Rezone Request#R99-001.
Action Required bv Council: Consider approval of an Ordinance rezoning lots 17-32 of Block 335
and lots 1-16 of Block 334 from General Commercial (GC) to Business Industrial (BI).
Availability of Funds:
General Fund
Capital Improvement
Other
W ater/W astewater
General Revenue Sharing
Account Number:
Funds Available:
Yes
No
Approved for City Council Agenda
CX&l~ T. ).t~
Robert T. Herrera
City Manager
<6-l1-qq
Date
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ORDINANCE NO. 1501-FF
ORDINANCE AMENDING ORDINANCE NO. 1501, MORE COMMONLY REFERRED
TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING
CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED;
MAKING CERTAIN FINDINGS OF FACT RELATED 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 of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 15th day of July, 1999, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte,
Texas, pursuant to due notice, to consider the question and the possible reclassification
of the zoning classification of the hereinafter described parcels of land. There is
attached to this Ordinance as Exhibit "A", and incorporated by reference herein and
made a part hereof for all purposes, a copy of Notice of Public Hearing which the City
Council of the City of La Porte hereby finds was properly mailed to all owners of all
properties located within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part
hereof for all purposes.
"Section 3. Subsequent to such public hearing, the Planning and Zoning
Commission of the City of La Porte met in regular session on the 15th day of July, 1999,
at 6:00 p.m., to consider the changes in classification which were the subject of such
public hearing. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning and Zoning Commission, by letter
ORDINANCE NO. 1501- r-ft
Page 2 of 4
e
dated July 16, 1999, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
"Section 4. Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 9th day of August, 1999, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit
"0", incorporated by reference herein and made a part hereof for all purposes, a copy of
the notice of public hearing which the City Council of the City of La Porte hereby finds
was properly mailed to the owners of all properties located within two hundred feet
(200') of the properties under consideration.
"Section 5. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the
zoning classification of the hereinafter described parcels of land, situated within the
corporate limits of the City of La Porte, is hereby changed, and the zoning classification
of said parcels of land shall hereafter be "B.1. - Business IndustriaL" The description of
said parcels of land rezoned to Business Industrial is as follows, to-wit:
ORDINANCE NO. 1501- F"fe
Page 3 of4
e
Lots 1-16 of Block 334, La Porte, Harris County, Texas and
Lots 17-32 of Block 335, La Porte, Harris County, Texas a/kJa 629
North 8th Street, La Porte, TX
"Section 7. The City Council of the City of La Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines
and declares that the amendments to the City of La Porte Zoning Map and
Classification contained in this Ordinance as amendments to the City of La Porte
Zoning Ordinance are desirable and in furtherance of the goals and objectives stated in
the City of La Porte's comprehensive plan Ordinance.
. "Section 8. 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 9. This Ordinance shall be in effect from and after its passage and
approval.
ORDINANCE NO. 1501- ffj
Page 4 of 4
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PASSED AND APPROVED THIS THE q-14-- DAY OF ~U.si 1999.
CITY OF LA PORTE
ATTEST:
I
BY:~~
A.:j MAN LON, Mayor
BY~IL.tJ.dJrlt
MA THA GILLETT
City Secretary
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 15th
day of July, 1999, in the Council Chambers of the City Hall, 604 West Fainnont Parkway, La
Porte, Texas. The purpose of this hearing is to consider rezone request #99-001, which has been
requested for the property located at 629 North 8 th Street described as lots 17-32 of Block 335, and
lots 1-16 of Block 334, Johnson Hunter SUlvey, Abstract No. 35 La Porte, Harris County, Texas.
The request submitted by Mr. Nizar Momin of Port Properties, Inc., seeks to have the property in
question rezoned from General Commercial (GC) to Business Industrial (BI). The purpose of the
zone change request is to allow construction of truck service, maintenance, and repair facilities.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHIBIT )\
:.:;~. .' ~~"'<~: \
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e ay. ,Sl.ore un
.~ . . ,;". . n.:'::- J ...r no" I
.....,:w... _".,!.'\.'. ~~ .,~... :
'Voice Of The'fJags.hoje"'Since 194i'
'6 __,'.. ,.,....
1200 Hwy. 146
Suite 180
P.O. Box 1414
e
". .;:
. ':~': ..
County of Harris
State of Texas
Before me, the undersigned authority, on this date
: came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a Se'l'\i-\oleekly
newspapers published and generally distribute:3. in the
City of La. Porte, Harris County, Texas, and who after
being duly sworn, says the attached notice was
published in The Bayshore Sun dated June 27, 1 999
J
Karolyn Kellogg
AUL~rized Representative
S;~lOrn and subscribed before me this ...,:" Y"//./ day of
.-~
." ,
" ~....t._.t..(.,
j
, 1999.
"
.,-;~.~.L !.~
/
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. 'Co'
.~.
J~l..;,.;. ~~':'::":..~c......\
Sandra E. Bumgarner
Notary Public
Harris County, Texas
e
La Porte. Texas 17571
(713) 471-1234
NOTICE OF PUBUC HEARING
.
In accordance Wftr. U~roVislons of
Section 106-171 of the Code of Ordinan-
ces of the City of La Porte. and the provi-
sions of the Texas Local Govemment
Code, notice is hereby given tha! the La
Porte Planning and Zoning Commission
will conduct a public hearing at 6:00 P.M.
on the 15th day of JUly,1999, In the
Counci~ C~8!1l~er:s 'of the CItY Hall; 604
West . Falrmon! < ; Parkway, L8. Po~e,
T exas. 1l\~ purpose ~f this hearing Is to
,con er rezone req st #99-001, which
has een uest or the property 10-
cat at No th Street. The prop-
erty . tio further described by
the C ty Ap isal District as
Lots 1 , 2 0 ock wn of La Porte
Harris Cou ,Texa reqwest sub-
mitted by . N omin f Port Prop-
erties, In ,se have th roperty in
question ezo d eneral Commer-
cial (GC) to 8 sin ndustrial .(81): The
purpose of the z change request ~ ~
allow conslructl f truck parking.' serv-
ice station, main enance, and repair facili-
ties.
A regular meeting of the Planning 'and
Zoning Commission will follow the publiC
hearing for the purpose of acting upon
the public hearing items and to conduct
other matters pertaining to the Commis-
sion.
Citizens wishing to address the Council
pro or con during the Public Hearing will
be required to sign in before the meeting
is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHIBIT 9
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City of La Porte
Established 1892
July 16, 1999
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezone Request #R99-001
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its July 15, 1999,
meeting, held a public hearing to consider Rezone Request #R99-001.
Which has been requested for the property located at 629 North ath Street
described as lots 17-32 of Block 335, and lots 1-16 of Block 334, Johnson
Hunter Survey, Abstract No. 35 La Porte, Harris County, Texas. The request
submitted by Mr. Nizar Momin of Port Properties, Inc., seeks to have the
property rezoned from General Commercial (GC) to Business Industrial (BI).
The Planning and Zoning Commission, by unanimous vote, has recommended
approval of Rezone Request #R99-00 1 .
Respectfully submitted,
~V~
Betty T. Waters
Chairperson, Planning and Zoning Commission
P.l"l.Bllxlll'5. Larlln~.Tl:x:l~i75i2.111'5. (713H71-502l'
EXHIBIT C
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 211.006 of the Texas Local
Government Code and Section 106-302 of the Code of Ordinances of the City of La
Porte, notice is hereby- given that the La Porte City Council will conduct a public hearing
at 6:00 P.M. on the 9th day of August, 1999, in the Council Chambers of the City Hal~
604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider
rezone request #R99-00 1, which has been requested for the property located at 629 North
8th Street described as lots 17-32 of Block 335, and lots 1-16 of Block 334, Johnson
Hunter Survey, Abstract No. 35 La Porte, Harris County, Texas. The request submitted
by Mr. Nizar Momin of Port Properties, Inc., seeks to have the property in question
rezoned from General Commercial (GC) to Business Industrial (BI). The purpose of the
zone change request is to develop truck service, maintenance, and repair facilities.
A regular meeting of the City Council will follow the public hearing for the
purpose of acting upon the public hearing items and to conduct other matters pertaining
to the Council.
Citizens wishing to address the Council pro or con during the public hearing will
be required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHIBIT 1)
e
.
La Porte, Texas 77571
(713) 471-1234
1200 Hwy.' 146
Suite 180
P.O. Box 1414
. "0 _ 11:.. "':';'1
Before me, the undersigne:l authority, on this date
: came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a s61'\i-\oTeekly
newspapers published and generally distribute:l in the
City of La Porte, P..arris. County, Texas, and who af~er
being duly sworn, says the attache:l notice was
published in The Bayshore Sun dated July 25, 1999
"
.'
.'
. County of Harris
State of T~as
~Jf~
Karolyn Kellogg
Authorized Representative
.... . r - ..;..... ".:.:
CITY OF LA PORTE'. {.
.' Marlha GDleU :
CitY ;>~~tary
S\oJOm and subscribed before me this r!l f' -r H day of
q ~Ly' , 1999.
,/ ,
,.L~j-.~~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
t:XHldlT E
.........
e
e
A Meeting of the La Pone
pl!1nn;nE[ and ZoninE[ Commission
(I'ype of Meeting)
Scheduled for
July 15; 1999
(Date of Meeting)
to Consider
Rezone Request 99-001
(I'ype of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of ganting this request for the following reasons:
r /j~'t.J~ FrtOreFT.f1 .a -j- ~.:.Jfs .y:-/C ~ j~--- ((. SIK.~~.s-
I[) e.~ r 7:i tZ e z.o J.., T Il. ~ tJ..f1 sf '1'0- 0 <.:) I , ~ .e z,)."..... "....~ 7<,)
I
LV 0 u I 0 WI Pit' ..J.. . 71L-' ( A P1. -e jC) f/rI a H_ -e ~ -rr !t.,aC.!-l' v-(
B. 1.
~ /fJ~
.fb (JfS /,,~ s.S .
I am OPPOSED to granting this request for the following reasons:
J( e AJ I~ I' G b; N b 0 fh ,'" .,.....
, Name (please print). , " "
C_ I~ ~_
Si~ture (00
I~OC; "2... ~t1.2. A~ /v~.
Address
7-e~/?) C'/7 Tr:- 77Yl~
City, State, Zip ,
~t.CE\'JEO
-~
~':'L~NN\NG
t.il tl'1,tr-1
uvvV
,
- -
e
e
A Meeting of the La Potte
pl!1nn;n2' and Zo~ Commission
(Type of Meeting)
Scheduled for
July 15; 1999
(Date of Meeting)
to Consider
Rezone Request 99-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of ganting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
CLAU~e.I\ SCofl 0("
...... f'\ ~am~ ~ease print)
~~~~,
Signature
<6 J/ f'oXhiJ (' 0 u~ ~ LA/
l\ddress (
M ~5 50 0 U v' ~ C; IV . -r y 77'1- fi 7
City, State, Zip I) .
RECEIVED () 1f ~ q "gU'
7/7/ Cf q ~
, '
PLANNING
.. . ......_..__....-..._--':~.':'..._.. ....... .
'. ..... .... .... ........--.--....-.....---.--.......-- .... .
e
e
A Meeting of the La Porte
p1~nn;na' and Zoni.Jle' Commission
(I'ype of Meeting)
Scheduled for
July 1St 1999
(Date of Meeting)
to Consider
Rezone Request 99-001
(I'ype of Request)
lhav
ttUs request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
.Pi ~tlftlC )
7(11 /l7; It;'
Address
'j:;
. ---
. . v, _ !
1"". .i' .: I...';".r ,"'~ l \.
Plllhl" / It;f
. ....,.., ('~'1
I . ,,-
City, Stite, Zip
n~"'~
~J~
RECEIVED
7/7/ '11 V
PLANNING
e
e
A Meeting of the La Porte
pl~nn;"Jr and Zo~ Commission
(Type of Meeting)
Scheduled for
July 15; 1999
(Date of Meeting)
to Consider
Rezone Request 99-001
(Type of Request)
I
...-
. ce of the above referenced public hearing.
~....
ting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
I:::GtJ ADLD/lJ(;.
, I /Name ~e print)
,Kh."-. uitl6.-0
Signature /
'P. (), i3) X ,tj ~ 5" 3 C;
Address
It rl7 R 12.1 L-L () 'T X "7Cj/ S-7
City, State, Zip
Tift:.
K'EL L fie 1) I< po R IT T / I) /f./
RECttVED
"1/1/ qij .
. · "NING
e
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A Meeting of the La Porte
pl~nft;nll and Zo~ Commission
(I'ype of Meeting)
Scheduled for
July IS; 1999
(Date of Meeting)
to Consider
Rezone Request 99-001
(I'ype of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of gmnting this request for the following reasons:
I am OPPOSED to gn.nting this request for the followi.ng reasons:
f'i:2-1l ftdJ ~
....(ple print) ~
r's-!,;!!# H I eL./ -- - City, State, p 7~J'3OL
RECEIVED
,11.2../1'1
, ,
PLANNING
e
e
A Meeting of the La Porte
plann;nlr lIIld Zo~ Commission
(fype of Meeting)
Scheduled for
July 1S~ 1999
(Date of Meeting)
to Consider
Rezone Request 99-001
(fype of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of gDnting this request for the following reaso~:
COA1 ~!r "": r;c"f' fJo ~~ fJ{/ J "'..e85c.S .s
I
I am OPPOSED to granting this request for the !ollowiflg reasons:
,) () ~ C ~..,c;~
Name (please orinl:)
y~-
J/) 7 /V 8 5 f-,..c e,.-f-
Address
L~fo,...,~ /-\- 77)"7 /
, City, State, Zip
RECEIVED
7!1J./1&f
I
PLANNING
e
e
A Meeting of the La Pone
pl!1nnina- and Zo~ Commission
(I'ype of Meeting)
Scheduled for
July 15; 1999
(Date of Meeting)
to Consider
Rezone Request99~1
(I'ype of Request)
I have received notice of the above referenced public bearing.
I am in FAVOR of gmnting this request for the following reasons:
~t1I'n~~~Jt~~::;;~';: ~L:~
ili:f. hLl.4-tI1<<<.'e~ II') -H,ot... ~~ QA..Q&,.
I am OPPOSED to granting this request for the following reasons:
F i' n. of. rfJo... \'-1:, x." L.
-.t3- k" J rrn I) "M l' ~
~ame (please pan,)
,~
Signature
Qo4 WI f3Q~ &.;t- 8Jvof..
Address
1-a.. folu~ fI.../ 715701
City, State, Zip
RECEIVED
7 11.1./ I} 'j
I
PLANNING
e
e
A Meeting of the La Porte
planTl;ne- and Zo~ Commission
(fype of Meeting)
Scheduled for
July 15; 1999
(Date of Meeting)
to Consider
Rezone Request 99-001
(fype of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of ganting this request for the following reasons: .
am OPPOSED to gtanting this request for the following reasons:
pa ICr ~P&&n6s; J,Ic.
'N 1214-1< FJ.L I
n Name (please print) .
I' I' cJJ\.- ~
Signature
,')..~ lfDy1I- S-1A. 5/-.. Blk o33,S....
p.o. /lt1x. '(J 7
Address
1-L /lJA.~.., ~ 7 ~
Gty, State, Zip
RECEIVED
- 7/1d../; 'L
PLANNING
~
N.T.5.
B-1 L -I
- L aIY llI' MllIlGNI5 POIIII'
W. BAR60URS CUT BLVD. '-QiY'arv.;om'-
~
I ~
! t;i t;i t;i t;i t;i t;i t;i t;i ~
~ I ~ ~ ~ ~ ~ ~ ~ ~ ~
:I: Z Z Z Z Z Z Z z ID
en I.J:!l:la!F D!IN&.JIIIF N. "eo ST. Z
1u:J
wr:sr MADISON STRUT
U07
wesr 'M.fR. 5'T'Rm'
H-I
BARBOURS cur BLVD.
BI (BUSINESS INDUSTRIAL)
5 '
aD aD'
F,
Min. Yard Setbacks 50-40-30
Max. Lot Coverage 500/0
Landscaping 60/0
':', ~
'\', i
it
...
Iii
~
z
A Provides for the establishment of Business/Industrial
development, compatible with surrounding or abutting
residential district,
A Encourage high level performance standards,
A Development in the Business/Industrial district is
limited to administrative, wholesaling, manufacturing
and related compatible uses, with suitable open spaces,
landscaping, and parking areas. (Sec. 106-541)
Notable Uses:
Not AUoweQ;
Wholesale Trade, Public Warehousing
Printing and Publishing
Inside Storage, Miscellaneous Manufacturing
Maintenance and service facilities
Outside Storage
Freight Transportation
&. Warehousing
e
BARBOURS arr BLVD.
2i'
GC (GENERAL COMMERCIAL)
oj",)
.f'.:
Min. Yard Setbacks 20-10-0
Max. Lot Coverage 400/0
Landscaping 60/0
;~i ~
~ - 10'
Iii
~
.
z
L
10
· All yards adjacent to public right-of-way must be a min-
imum of ten feet. (Sec. 106-443{b )3)
.. Provides low intensity, retail or service outlets,
.. Provide goods and services on a community market level,
.. Located in areas well served by collectors or arterial
streets. (Sec. 106-496)
Notable Uses:
Automotive Dealers, repair, and services
Building Construction, General Contractors
Building Materials, Garden Supplies
Convenfence Stores, Hotels/Motels
Restaurants, Shopping, &. Theaters etc.
e e
e e
REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE Auaust 9.1999
REQUESTED BY Jeff Litchfield. ACM
_ REPORT; XX RESOLUTION; _ ORDINANCE;
The La Porte Area Water Authority will be selling $8,080,000 in Contract Revenue Refunding
Bonds within the next few weeks. This money will be used to refund the existing Authority
Bonds and will result in substantial savings because current interest rates are lower than when
the original debt was issued. The average interest rate on the existing debt is almost 7%. We
hope to refund at an interest rate that averages just above 5%.
As the first step in the process, the City Council and Authority need to give approval over a
document that is known as the Official Notice of Sale and Official Statement. We are asking for
Council approval tonight and will bring it before the Authority on Thursday, August 12, 1999.
Attached is a copy of the letter to the Authority. Beginning on page 11 is the Official Statement
presented to you for your approval tonight. The highlight of the report is that a successful
refunding will net the Authority about $1.2 million in present value savings which can be passed
on to the three cities in the form of the Water Capacity Purchase and lowered debt service
requirements.
ACTION REQUIRED BY COUNCIL:
Adopt Resolution approving the Official Statement of the La Porte Area Water Authority.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
APPROVED FOR CITY COUNCIL AGENDA
6<~~ 1-: ~
ROBERT T. HERRERA, CITY MANAGER
g-l\-'l,\
DATE
e
e
RESOLUTION NO. 99-1 ("
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE
OFFICIAL NOTICE OF SALE AND OFFICIAL STATEMENT FOR THE LA PORTE AREA WATER
AUTHORITY CONTRACT REVENUE REFUNDING BONDS, SERIES 1999.
WHEREAS, the La Porte Area Water Authority has previously issued debt to construct certain
projects, including the purchase of capacity at the Southeast Water Purification Plant and a
distribution system to deliver the water; and
WHEREAS, changes in market conditions provide the opportunity for the Authority to refund its debt
at a rate which will result in financial savings to the Authority and its customers; and
WHEREAS, the La Porte Area Water Authority is a component unit of the City of La Porte; and
WHEREAS, the City of La Porte is of the opinion that the issuance of refunding debt provides
savings to the Authority and its customers; and
WHEREAS, the City Council is of the opinion the Official Notice of Sale and the Official Statement
of the City should be adopted;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, :
Section 1. THAT, the Official Notice of Sale and Official Statement of the La Porte Area Water
Authority Contract Revenue Refunding Bonds, Series 1999, is hereby adopted;
Section 2. That 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 offices of City of La Porte 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.
PASSED AND APPROVED this the 9th day of August, 1999.
~IVJRftl..
a ha GIllett, City Secretary
e
e
La Porte Area Water Authority
Interoffice Memorandum
To: Robert T. Herrera, General Manager
LPAWA Board of Directors
Steve Gillett, Director of Public Works
From:
Date:
Subject: Refunding Issues
At the Authority meeting of August 12'h, the Authority will be asked to approve the Official Notice
of Sale and Official Statement for the "$8,080,000 La Porte Area Water Authority Contract
Refunding Bonds, Series 1999". This is a formality that has been too long in coming. This
will start the final ball rolling in the refunding that we have been wanting to do for several years.
We are able to do it at this time because the underlying bonds were finally refunded and a
window of opportunity was created whereby the Authority could refund its bonds.
As a reminder, the Authority's call date on its outstanding bonds is December 1. This means
that we can call or redeem the outstanding bonds on December 1, 1999. A Draft Copy of the
Official Notice of Sale and Official Statement is attached to this letter, beginning on hand
numbered page 11. The Official Notice of Sale and Official Statement also has to be approved
by the City of La Porte and it is being presented to them at their August 9th meeting.
Also attached to this letter are several financial reports that show the projected impact of the
refunding and how it relates to our Capacity Purchase.
First is a four page report, beginning on page 3, that is a Projected Analysis of Refunding
and Savings Report that was prepared by the Authority's Financial Advisors, Moroney,
Beissner & Co. In reviewing it, it shows the impact of the refunding if the bonds can be
refunded at the projected interest rates. Page 4 shows a projected savings report. It shows the
potential exists for the Authority to realize a budget dollar savings of $1,592,432 and a present
value savings of $1,243,654 if the bonds can be refunded at the estimated interest rates.
Two important comments about the refunding report are that we are changing our Principal
Payment Date to March, instead of December. March is a preferred date for financial planning
matters. This creates a situation where we are actually paying more in debt service the first
year and then drastically reducing the debt service in the following years. Second, we are
moving as much of the savings "up front" as we can so we can use the funds to pay for the
additional capacity purchase.
e
e
The next report is found on page 7 and is a report of the Long Range Plan for the Authority
Debt Service Fund, which portrays the activity of the fund if the refunding occurs as projected.
Please pay particular attention to the expense line item labeled "Reallocate for Capital
Purchase" This amount totals $700,000 for the two fiscal years 1999-00 and 2000-01. How this
$700,000 is generated is by continuing to charge the participating entities the debt service
amounts we are now charging for the next two years. The Authority will take the difference
between the current debt service and the new debt service and set that amount aside for the
Capital Purchase.
On page 8 is a report titled Work Sheet Showing Growth of Funds. This sheet has been
provided several times and is now being updated for the projected refunding impact. In
reviewing the sheet, we see that the funds set aside totaled $528,690 at September 30, 1998.
Those funds have grown to $988,771 as of June 30, 1999 (which is not individually shown on
the work sheet) and are projected to be $1,145.857 by September 30, 19,99.
Activity in FY 1999-00 is projected as being the continuance of the $176,295 Capital Reserve
Billing Fee, a payment from Morgan's Point of $250,000 for additional capacity they want to
purchase, Refunding Savings of $100,000, Release of Contingency Amount (caused by the
Refunding) of $200,000, and interest income of $81,124.
In FY 2000-01, the projection includes Billing for Capital Reserve of $176.295, Refunding
Savings of $600,000 and Interest Income of $97.648. Page 10 shows the monthly calculation of
deposits into the fund and the interest earned.
The bottom line is that the refunding, if successful, will bridge the gap between current funding
plans and the amount we have due in August 2001. Last year, we projected that the City might
have to transfer $400,000 in FY 1999-2000. Because of the favorable report on refunding, it
looks like that transfer will not be needed. If everything on the work sheet were to happen, the
Authority would only need about $85.000 to complete the purchase. That exact amount should
be known before we prepare the FY 2000-01 budget and an appropriate transfer can be made.
On page 9, the changes in capacity ownership are shown. You will note that, percentage wise,
Morgan's Point significantly increases the amount of the capacity they own. This is because of
the $250,000 contribution they are making next year.
In closing, I am very pleased that we are finally at the point where we can refund the debt,
however, the window is very short. There is a good chance that the Authority will need to have
a joint meeting with the City Council on September 8, 1999 to approve the issuance of the
refunding debt. I will have more details at the meeting.
z
FROM: MORONEY BEISSNER
~FRX NO.: 7139698994
e
01-19-95 12:38R P.02
I
LA PORTE AREA
WATER AUTHORITY
(HARRIS COUNTY, TEXAS)
A.~AL YSIS OF REFUNDING
AND
SA VINGS REPORTS
(July 27, 1999)
PREPARED UNDER THE DIRECTiON OF:
MORONEY, BEISSNER &: CO., INC,
1980 POST OAK BL YD., #2100
HOUSTON, TX 77056
FINANCIAL ADVISORS TO THE AUTHORITf
3
FROM: MORONEY BEISSNER
DAn:
3/15/ 0
9/1)1 0
3/15/ 1
9/15/ 1
'/1S/ 3
9/lS/ 2
3115/ ;)
9/lS/ ;)
3/15/ 4
9/151 "
3/151 S
9/151 5
3/15/ 6
9/15/ 8
S/15/ 7
9/151 7
3/151 8
9/151 8
3/151 II
8/lS/ 9
3/15/10
9/15/10
~/15/11
9/15/11
3/15/1%
9/1S/1Z
3/15/13
9/15/13
3/15/14
9/15/14
3/:1.5115
11/15/15
3/15/16
9/15/16
3/15/17
9/1~/17
ACCIWED
DATED 10/13/99
BOBD YBARS
AVERAGE COUPO.
AVERAGl! un
N I C %
FAX NO.: 7139688984
- 1..U'CIRn: AlU:A WAtD ADTBClUTY
~ REV!NtrE RErUllDIIG JlCRDS, SDID 1D1I8
U'PPRCRT SAVIIIGS SBRIlIO
SAYDlGS JlZICRt
. . . . - - PROPOSED DEBT SERVICE . - - . - - - -
PRIJlCIPAl. CotlJlOl IlTEREst 'ZOTAL
370,000.00 4.125000
385,000.00 4.2~00ao
405,000,00 4.350000
420,000.00 4.500000
445,000.00 ..600000
480,000.00 4.'00000
485,000.00 4,800000
505,000.00 4,900000
S35.000.CO ~.9DOOOO
550,000.CO 5.000000
580,000.00 '.050000
815,000.00 5.100000
640.000.00 5.150000
0'0,000.00 5.300000
705,000.00 5.250000
320,000.00 5.250000
11111,250.00
19&,875.00
1118,875,00
196,875.00
198,875.00
189,243.75
189,243.75
181,082.50
181,062.50
172.253.75
1'2,253.75
163,803.75
162,803.75
lS%,5rlO.75
152,588.75
141,758.75
141,758.75
130,118.'5
130,118.75
117,748.25
117,74G.2~
104,sa3.75
104.883.7:1
91,133.7S
111,133.75
76,488.75
76,488.7S
60,806.25
60.a06.25
44,326.25
-.,325.25
2G,90G.2:;
26,906.25
8,400.00
8,~00.oo
163,125.00
393,750.00
7.:16,115.75
7S~,306.2S
758,316.25
755,057..50
760,37Z,30
754,327.50
756,877.50
7SZ, 865.00
747,630.00
74&,017.50
747,621.50
752.295.00
745,132.50
74~,Z:lZ.50
740,301.25
32S,400,OO
PRIOR
DIS
333,192.:13
826.192.50
828,220.00
1127,83Z.50
830,820.00
11%6,830.00
831,14'.00
828,268.75
828,383.75
838,413.7,5
S22,35S.75
820, DlO. 00
821,710.00
824,535.00
819,218.75
815,7:10.00
813,93%.50
a.080.000.00
-------------- --._---------- --------------
398,571.25
8,080,000.00
...--
WITH DELIVERY or 10/13/99
85,326.556
5.010
10.560
5.009874 % USING
HET PUSDIT VAl.UZ SAVINGS AT :
4,274,752.50 12,354,75a.50 13,047,184.83
4,Z74,7~2.~0 11,354,752.50 13,947,184.83
100.0000000
5.0000: EQU.u.S
PREPARED BY taoIIEY, SEISsm:a A CO., IItC .
RUJDAIE: 07-27-1988 . 14:18:14
I'ILDAHE: LPWA.
1.243,654.00 OR
KEY: 99Rti'
1
tit
81-18-95 12:38A P.83
SAVIlfGS
CIlHtlLAT!VE
SAVINGS
-7,932.67 -7,932.87
433,142.50 425,20a.83
72,101.25 497,311.06
72,626.25 5&9,937.33
72.S03.7~ 642,'41.08
71,S72.50 716,313,58
70,772.~0 78:1,086.08
73,941.25 859.027.33
71.508.25 930,533.58
73,548.75 1,004,082.3:1
74,728.75 l,07S,811.06
74,892.50 1.153,703.58
74,087.50 1,227,791.08
72,240.00 1,300,031,08
74,086.25 1,374.117.33
76,517.50 1.448.634.83
73,628.25 1,522.261.08
70,171.25 1,592,632.33
~. 59Z. 432.33
1,592, 43Z, 33
15.:1918: OR' PAR
4
FROM: MORONEY BEISSNER
DAt!
3/1~1 0
8/151 0
3/15/ 1
9/15/ 1
3/151 .z
9/15/ 2
3/151 3
9/151 3
3/15/ 4
9/151 4
3/1S1 S
9/15/ 5
3/15/ 6
8(1:;1 Ii
3/151 7
9/1S1 7
S/15/ 8
9/151 8
3/15/ 9
9/1S1 9
3/15110
9/15/10
3/1:1(11
9/15/11
3/15112
9/15/12
3/lS/13
9/15/13
3/1.51110
8115/U
3/lS/15
9/15/1"
3/15/1&
8/15/16
3/15/17
~/15/17
ACCRViIl
DATED 10/13/99
BOHD YEARS
AVERAGE COtlPOR
AVERAGE LIFB
HXe: X
_FAX NO.: 7139608994
I.\lICDU! AREA WAmt AtmmlIn
COlmW:t llZVEIIIIE RD'tJI1)IIC IlOIIIlS, SERIES 1998
Vl'PRaIT SA'IDIGS SDDIO
DEBT SERna SCBBDUI.B
PRIIICIPAL COUP01f
370,000.00 _.1:5000
385,000.00 '.250000
405,000.00 '.350000
420,000.00 4.500000
445,000.00 '.600000
4BO,OOO.00 4.700000
485,000,00 4.800000
505,000.00 4.900000
525,000.00 4.S00000
'50,000.00 '.000000
5&0,000.00 5.050000
615.000.00 5.100000
B4o,OOO.00 5.150000
670,000.00 5.200000
705,000.00 5.250000
320,000.00 5.250000
8.080,000.00
6..080,000.00
IR'l'ERES'l'
166,250.00
198,875.00
1D8,875.0D
196,875.00
1915,875.00
189,2~3.75
189,243.75
181,082.50
181,0&2.50
172,253.75
172,253.75
1&%,8Q3.7'
152,803.75
l'2,"G8.7~
15:1,5&8.75
141,758.75
141,75B.75
130,118.75
130, 11B.75
117,748.25
117,7108.25
104, BB3. 75
1010,883.7"
91,133.75
91,133.75
'&,488.75
76.488.75
60.808.25
80,808.25
4~,326.25
",328.25
28,908.2.5
26.90&.25
8,400.00
8,400.00
PElUOl) IOrAL
16S,~O.00
198,875.00
198,875.00
186,875.00
588,873.00
188.2~3.7'
574,243.7.5
181,1162.50
588.0112.50
172,253.7.5
5112,2.53.75
182.803.75
807,8113.75
1"2,'".7.5
612,SS8.7.5
141,758.75
UII,758.75
130,118.75
635, U8. 75
117,748. .z5
842,746.25
104,883.75
15",883.75
111,133.75
1571,133.75
76,688.75
691.488.75
80,806.25
700,806.25
44,326.25
714,328.25
28,908.2.5
731,9011.25
8,400.011
328,4DO.00
',274,752.50 12,35',752.50
4,27',7.52..50 ~.z,3'4.7'2.S0
___._ .,4
WItH DELIVERY OP 10/13/99
85,326.556
5.010
10.560
5.00987. Z USING 100.0000000
PREPARED BY MOI\CJQIY, BEXSSllER " co., INC.
RURDArt: 07-27-1999 . 14:10:04
FILDAHE: LfWA
2
EIY: 9BIUi:F
e
91-19-95 12:38A P.94
FISCAL row.
363,125.00
393,750.00
7:;6,118.7:1
755,306..%5
758,318.25
755,057.50
780,372.5D
75',327.50
75&,877.50
752,865.00
74',630.DO
746,017.50
747,622.50
752,295.00
745,132.50
741,232..50
7'O,306.2!
328,600.DO
5
FROM: MORONEY BEISSNER
DAD
6/ 1/ 0
12/ 11 0
6/ 11 1
1%1 11 1
61 J.I 2
121 11 2
81 11 3
121 1/ 3
61 11 "
121 11 "
6/ 11 .5
121 11 "
81 11 8
121 11 6
61 11 7
17./ 1/ ,
81 11 B
12/ 1/ 8
8/ 1/ 9
UI 11 9
"/ 1110
lZI 1110
61 1/11
121 1/11
61 1111
12.1 lllZ
61 1/13
13/ 1/13
61 1/16
121 1/14
al 1/15
12( illS
61 1/16
121 1116
81 1/17
ACOUJEn
DA'IED 10/13/99
]!ON!) 'n:AU
AVERAGE COUPOB
AVERAGE LIFE
"IC J
_ FAX NO.: 7139698994
_ LAPORn AREA WAI!1l AtmIORITY
CXlR'IRACT 1lEV!!nJI 8OlII)S, SDm 88 " IUS
REFURDIRG CARDIIlADS
DEBt SDVICZ SClEDULE
r1UlfCIJlA%. COtlPOR
Z7S,OOO.00 6.500000
295,000.00 6.800000
31~,OOO.00 8.700000
360,000.00 6.800000
380,000.00 8.8.50000
380,000.00 a.aODOOD
415,000.00 8.950000
445,000.00 6.9.50000
47.5.000.00 8.950000
.505.000.00 6.9So000
540,000.00 7.000000
580,000.00 7.000000
625.000.00 7.000000
665,000.00 7.050000
710,000.00 7.0S0000
780,000.00 7.0~OOOO
38S,OOO.00 7.esoooo
8.080,000.00
9.090.000.00
IBIEREST
3.5.5.192.33
280,41.5.00
271,6".SO
271,4n.'sO
261, 76Z.S0
281.742.50
251,190.00
251,190.00
239,530.00
239,630.00
227,300.00
U7,1I00.00
213,845.00
n:S,U5.00
lDO,4a3.7.5
199,423.75
183,980.0D
183.960.00
167,4.53.75
117,453.75
169,905.00
169,905.00
1:51.005.00
131,005.00
110.705.00
1].0.70:1.00
88.830.00
88.130.00
65,388.75
65.388.75
"0,:561.25
60,361.2.:1
13.571.~5
13,$71.25
PERIOD torAL
35.5.19%.33
5S",U~.00
271,677.50
.5&&,477.50
261,762..50
578,742.50
251,190.00
591,190.00
239.630.00
51151.630.00
2.27,300.00
617.300.00
213,8605.00
G2.8,M~.OO
199,623.7'
644,42.:5.75
183,960.00
1158.980.00
167.453.75
672,453.75
1~9,90a.oo
889,905.00
131,005.00
711,005.00
110,705.00
735,705.00
88.830.00
753.830.00
8S,388.75
775,388.75
40.351.25
800,381.2S
13,571.2.5
398,571.25
5,8&7,186.83 13.947.184.13
5,887,184.83 13,047,184.8S
WITH DELIVERY OF 10/13199
83,867.333
8.996
10.380
6.995793 % USING 100.0000000
PREPAR!!) BY MORONEY, BEISSHER &. CO.. tile.
RUKDArt: 07-27-1999 g 1.:~5:44
FILEltN!!: LNA
3
ICIlY: a8-IIsa
e
91-19-95 12:38A P.95
lISCAL Tom
3S5,192.::I3
828,8112.50
828,2%0.00
827,932,50
830.820.011
828,930.0D
831.145.00
828,288.75
828,383.75
826,413.75
eu.sse.7S
82.0,910.00
821,710.00
826,535.00
810.2.18.75
815,750.00
813.932.50
398..571.25
1.0
City of La Porte, Texas
Long Range Plan for the La Porte Area Water Authority Debt Service Fund
Prepared in conjunction with the Water Capacity Purchase Payment Plan
July 28, 1999
Projected
2004-05
Projected
2003-04
Projected
2002-03
Projected
2001-02
Projected
2000-01
Projected
1999-00
Estimated
1998-99
Projected
2007-08
Projected
2006-07
Projected
2005-06
178,762
176,214
179,810
750,000
6,777
177,952
750,000
6,916
179,424
750,000
6,844
177 ,829
750,000
6,901
127,108
800,000
6,840
290,969
825,000
4,889
461,477
825,000
11.191
446,376
822,000
17,749
Beginning Working Capital
Plus Revenues:
Billings to Cities
Interest Income
e
750,000
6,875
750,000
6,875
756,875
-
756,877
756,875
-
754,327
756,777
-
760,373
756,916
-
755,058
756,844
-
758,316
756,901
-
755,306
806,840
-
756,119
829,889
-
393,750
600,000
836,191
279,938
263,636
363,125
100,000
839,749
418,783
405,865
Total Revenues
Less Expenses:
Water Supply Bonds Series
Water Supply Bonds Series II
1999 Refunding Bonds
Reallocate for Capital Purchase
756,877
754,327
760,373
755,058
758,316
755,306
756,119
993,750
,006,699
824,648
Total Expenses
178,760
178,762
176,214
179,810
177,952
179,424
177 ,829
127,108
290,969
105
461,477
204
Ending Working Capital
Working Capital
Days of
e
86
86
85
87
86
87
f successful, they will experience a large savings a
we have elected to continue to bill the membe,
towards
86
47
service and apply
In 1999, the LPAWA expects to refund its existing debt.
payment in August 2001, without incurring any additional debt,
take the difference between the old debt service and the new debt
and $600,000 in FY 2000-2001
-.:I
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Work Sheet Showing Growth of Funds
Available for Purchase of Additional Capacity
Calculated as of July 28,1999
Entity Attributed To:
Description Total La Porte Morgan's Pt Shoreacres
9/30/97 Left Over Distribution Funds B 326,801 279,415 23,856 23,530
Capital Recovery Fee A 180,064 163,804 7,725 8,535
Available Working Capital B 331,770 283,664 24,219 23,887
Total 9/30/97 838,635 726,883 55,800 55,952
97-98 Billing for Capital Reserve A 176,295 160,376 7,563 8,356
Interest D 13,760 11,926 916 918
Down Payment:
Left Over Dist = 338,458;
WC = 161,542 A (500,000) (454,850) (21,450) (23,700)
Total For Year (309,945) (282,548) (12,971 ) (14,426)
Cumulative Total 528,690 444,335 42,829 41,526
98-99 Billing for Capital Reserve A 176,295 160,376 7,563 8,356
Transfer from City of La Porte 400,000 400,000
Interest Income D 40,872 34,351 3,311 3,210
Total for Year 617,167 594,727 10,874 11,566
Cumulative Total 1,145,857 1,039,062 53,703 53,092
99-00 Billing for Capital Reserve A 176,295 160,376 7,563 8,356
Transfer from Morgan's Point 250,000 250,000
Interest Income D 81,124 73,563 3,802 3,759
Refunidng Savings A 100,000 90,970 4,290 4,740
Refunding - Release of Contingenc) C 200,000 176,470 11,590 11,940
Total for Year 807,419 501,379 277.245 28,795
Cumulative Total 1,953,276 1,540,441 330,948 81,887
00-01 Billing for Capital Reserve A 176,295 160,376 7,563 8,356
Interest Income D 97,648 77,009 16,545 4,094
Refunding Savings C 600,000 529.410 34,770 35,820
Total for Year 873,943 766,795 58,878 48,270
Cumulative Total 2,827,219 2,307,236 389,826 130,157
Note: Per the Contract, 2,912,700 needs to be available by August, 2001.
Because of the various contribution levels, there are three percentages that are being used to show the
allocations to the various entities. They are coded by the Alpha Letter in front of the first dollar column:
La Porte Morgan's Pt. Shoreacres Total
A - Percentages for Production 90.97% 4.29% 4.74% 100.00%
B - Percentages for Distribution 85.50% 7.30% 7.20% 100.00%
C - Average of above Percentages 88.24% 5.79% 5.97% 100.00%
o - Based on Cumulative Totals
~
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City of La Porte, Texas
Projection of Funds Available for LPAWA Capacity Purchase
July 28,1999
Capital Amts that Interest
Recovery Other would have at5%
Fee gone to OS Balance
Jun-99 988,771.00
Jul-99 14,691.25 33,333.00 4,119.88 1,040,915.13
Aug-99 14,691.25 33,333.00 4,337.15 1,093,276.53
Sep-99 14,691.25 33,334.00 4,555.32 1,145,857.10
Oct-99 14,691.25 8,333.00 4,774.40 1,173,655.75
Nov-99 14,691.25 8,333.00 4,890.23 1,201,570.23
Dec-99 14,691.25 200,000.00 8,333.00 5,006.54 1,429,601.02
Jan-OO 14,691.25 250,000.00' 8,333.00 5,956.67 1,708,581.94
Feb-OO 14,691.25 8,333.00 7,119,09 1,738,725.28
Mar-OO 14,691.25 8,333.00 7,244.69 1,768,994.22
Apr-OO 14,691.25 8,333.00 7,370.81 1,799,389,28
May-OO 14,691.25 8,333.00 7,497.46 1,829,910.99
Jun-OO 14,691.25 8,333.00 7,624.63 1,860,559.87
Jul-OO 14,691.25 8,333.00 7,752.33 1,891,336.45
Aug-OO 14,691.25 8,333.00 7,880.57 1,922,241.27
Sep-OO 14,691.25 8,334.00 8,009.34 1,953,275.86
Oct-OO 17,629.50 60,000.00 8,138.65 2,039,044.01
Nov-OO 17,629.50 60,000.00 8,496.02 2,125,169,53
Dee-DO 17,629.50 60,000.00 8,854,87 2,211,653.90
Jan-01 17,629.50 60,000.00 9,215.22 2,298,498.62
Feb-01 17,629.50 60,000.00 9,577.08 2,385,705.20
Mar-01 17,629.50 60,000,00 9,940.44 2,473,275.14
Apr-01 17,629.50 60,000.00 10,305,31 2,561,209.95
May-01 17,629.50 60,000.00 10,671.71 2,649,511.16
Jun-01 17,629.50 60,000.00 11,039.63 2,738,180.29
Jul-01 17,629.50 60,000.00 11,409.08 2,827,218.87
Other is comprised of:
$400,000 Transfer from City of La Porte in FY 1998-99
$200,000 Release of Contingency Funds in December 1999
$250,000 Payment from Morgan's Point for their increase in Capacity
9
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Work Sheet Showing Growth of Funds
Available for Purchase of Additional Capacity
As it translates to Gallons purchased
Calculated as of July 28, 1999
Description
Calculation of cost per gallon:
Cost of capacity
Divided by gallons bought
Equals cost per gallon
Amounts Contributed by Entity:
Entity's part of $500,000 payment
Entity's part of remaining balance
Totals
Divided by cost per gallon
Equals gallons purchased
Current Allotment (in gallons)
Plus Capacity Purchased
Equals New Allotment
Percentage of Current Allotment
Percentage of Capacity Purchased
Percentage of New Allotment
Total
Entity Attributed To:
La Porte Morgan's Pt Shoreacres
3,412,700
3,000,000
1.1376
500,000 454,850 21,450 23,700
2,827,219 2,307,236 389,826 130,157
3,327,219 2,762,086 411,276 153,857
1.1376 1.1376 1.1376 1.1376
3,000,000 2,503,223 361,530 135,247
4,200,000 3,820,740 180,180 199,080
3,000,000 2,481,967 374,265 143,768
7,200,000 6,302, 707 554,445 342,848
90.9700% 4.2900% 4.7400%
82.7300% 12.4800% 4.7900%
87.5400% 7.7000% 4.7600%
[D
tit
tit
OFFICIAL NOTICE OF SALE AND OFFICIAL STA TEMENT
[ill ffi1 ~ [f lJ
$8,080,000
LA PORTE AREA WATER AUTHORITY
(HARRIS COUNTY, TEXAS)
CONTRACT REVENUE REFUNDING BONDS,
SERIES 1999
"QUALIFIED TAX-EXEMPT OBLIGATIONS"
SELLING:
SEPTEMBER 8, 1999
5:00 P.M., CDST
[ill ffi1 ~ ~ 11
MA-~ ~ L
A1J O(i~iAJKI (O'-tij
PREPARED ~Y:
MORONEY, BEISSNER & CO., INC.
1980 POST OAK BLVD., SUITE 2100
HOUSTON, TX 77056
FINANClALADVISORS TO THEAUTHORlTY
, \
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LA PORTE AREA WATER AUTHORITY
The Authority is governed by a five member Board of Directors, all of whom are appointed by the City Council of the City of
La Porte for four year terms, Following are the current members of the Board of Directors,
Official
Mr. Jerry Bramlett
Mr. AI Fields
Mr. Rob Roy
Mr. Rodney Etchberger
Mr. Chester Pool
Title
President
SecretaIyffreasurer
Member
Member
Member
Tenn
Expires
Mav
2000
2001
2001
2001
2000
Occuoation
Human Resources
Banking
Sales
Contract Administration
Maintenance Supervisor
APPOINTED OFFICIALS
Name
Mr. Robert T. Herrera
Mr. Jeff Litchfield
Mr. Steve Gillett
Position
General Manager
Director of FinancelInvestment Officer
Director of Public Works
The following consultants serve the Authority:
Moroney, Beissner & Co., Inc.
Akin, Gump, Strauss, Hauer & Feld, L.L.P.
Financial Advisors
Bond Counsel
Note: No Director has any business or family relationship (as defined by the Texas Water Code) with major lando~ers in the
Authority or with any of the Authority's consultants.
} 2...
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OFFICIAL NOTICE OF SALE
Dated August _' 1999
NEW ISSUE: BOOK ENTRY-ONLY
Place and Time of Sale
The Board of Directors of the La Porte Area Water Authority, (Harris County, Texas), will receive sealed bids until 5;00 p.m.. CDST,
September 8. 1999, in the City Hall, 604 West FainnontParkway, La Porte. Texas 77571, on the following:
DESCRIPTION OF BONDS
58,080,000
LA PORTE AREA WATER AUmORITY
(Hanis County, Texas)
CONTRACT REVENUE REFUNDING BONDS, SERIES 1999
"QUALIFIED TAX-EXEMPT OBLIGA nONS"
The Bonds will be dated September 15,1999, Interest on the Bonds will accrue from such date and will be due on March IS, 2000, and
each September 15 and March 15 thereafter until maturity. The Bonds will be issued in fully registered fonn in integral multiples of
$5,000. and principal and semiarmual interest will be payable at Chase Bank of Texas, National Association, the paying agent/registrar
(the "Registrar"), at its principal payment office in Dallas, Texas. The Bonds will be initially registered and delivered only to Cede &
Co., the nominee of The Depository Trust Company ("DTC") pursuant to the Book-Entry-0n1y System described herein. Beneficial
ownership of the Bonds may be acquired in denominations of $5,000 or integral multiples thereof, No physical delivery of the Bonds
will be made to the purchasers thereof. Principal of and interest on the Bonds will be payable by the Registrar to Cede & Co., which
will make distribution of the amounts so paid to the beneficial owners of the Bonds. See "Book-Entry-Only System" herein If the date of
the payment of the principal or interest on a Bond shall be a Saturday. Sunday, legal holiday, or a day on which banking institutions in
the city where the payment office of the Paying AgentlRegistrar is located are authorized by law or executive order to close, then the date
for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or a day on which banking
institutions are authorized to close and payment on such date shall have the same force and effect as if made on the original date payment
was due.
Book-Entrv-Onlv Svstem
The Authority intends to utilize the Book-Entry-Only System of The Depository Trust Company ("DTC"). See "BOOK-ENTRY-ONLY
SYSTEM" in the Official Statement.
March 15
Maturitv Schedule
Year
2002
2003
2004
2005
2006
2007
2008
2009
Amount
$370,000
385,000
405,000
420,000
445,000
460.000
485,000
505,000
Year
2010
2011
2012
2013
2014
2015
2016
2017
Amount
$525,000
550.000
580,000
615,000
640,000
670,000
705,000
320.000
Optional Provisions
All Bonds maturing on or after March 15,2011, are optional for redemption in whole or in part on March 15. 2010, or any date thereafter
at par and accrued interest to the date fixed for redemption. If less than all of the Bonds are redeemed at any time, the particular Bonds
to be redeemed shall be selected by the Authority in integral multiples of $5,000 within anyone maturity. The registered owner of any
Bond, all or a portion of which has been called for redemption, shall be required to present same to the Registrar for payment of the
redemption price on the portion of the Bond so called for redemption and a new Bond in the principal amount equal to the portion of such
Bond not redeemed will be issued to such registered owner.
l3
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Authorization
The Bonds are issued pursuant to the general laws of the State of Texas, particularly Article 717k, Vernon's Texas Civil Statutes, as
amended, and a Resolution adopted by the Board of Directors of the Authority authorizing the issuance and sale of the Bonds (the "Bond
Resolution ").
Use of Proceeds
The proceeds from the sale of the Bonds will be used to refimd on December I, 1999, all of the Authority's outstanding Bonds,
$4,055,000 of the Authority's Contract Revenue Bonds, Series 1988, maturing serially on December 1, 2000, through and including 2015,
and $4,025,000 of the Authority's Contract Revenue Bonds, Series II 1988, maturing serially on December 1,2000, through and including
2016.
Securitv
The Bonds will constitute valid and legally binding special obligations of the La Porte Area Water Authority, payable from and secured
by a first lien on and pledge of the revenues derived from the operation of the Authority's Water System, after deduction of the necessary
and reasonable expenses of maintenance and operation of the system. The owner(s) of the Bonds shall never have the right to demand
payment of the principal and interest on the Bonds out of any fimds raised or to be raised by taxation,
l.el!ali tv
Attorney General of the State of Texas and Akin, Gump, Strauss, Hauer & Feld, L.L,P" Attorneys, San Antonio, Texas.
Pavment Record
The Authority has never defaulted.
BIDDING CONDITIONS
Address of Bids
Bids should be in sealed envelopes plainly marked "Bid for Contract Revenue Refunding Bonds" addressed to the President, Board of
Directors, La Porte Area Water Authority, 604 West Fairmont Parkway, La Porte, Texas 77571.
Deliverv of Bids
Bids should be mailed or delivered so that they arrive at the place of sale not later than 5:00 p.m., CDST, September 8, 1999. For
convenience of bidders, bids may be delivered to Moroney, Beissner & Co., Inc., 1980 Post Oak Boulevard, Suite 2100, Houston,
Texas 77056, Agent for the Authority, and, if delivered not later than 3:00 p.m., CST, September 8, 1999, will be deemed to have been
delivered to the Authority in accordance with the terms of this Official Notice of Sale. Bids so delivered will not be opened except by the
Board of Directors of the La Porte Area Water Authority and will not be opened prior to 5:00 p.m., CDST, September 8, 1999. Late bids
will not be considered.
Bids may be submitted by Telephone or Facsimile if signed blank Bid Forms are received by Moroney, Beissner & Co, Inc. on or before
the day of sale. Telephone bids (713/960-8900) and facsimile bids (713/960-8904) must be received by 3:00 p.m. CDST on the day of
the sale to the attention of R. David Fetzer or Moss K. Fetzer.
No Bid From the Financial Advisor
Under the terms of the contract with Moroney, Beissner & Co" Inc., Financial Advisors to the Authority, it is agreed and understood that
Moroney, Beissner & Co., Inc. shall not be permitted to purchase any Bonds from the Authority nor have any interest directly or
indirectly, in the original purchase and sale of the Bonds, except as agent for the Authority. As Financial Advisors to the Authority,
Moroney, Beissner & Co., Inc. will be paid a fee based upon a percentage of the principal amount of Bonds actually sold and delivered,
which fee is contingent upon such sale and delivery.
TVDe of Bids and Interest Rates
All bids must be submitted on the Official Bid Form enclosed herewith without change. The Bonds will be sold in one block. all or
none, at a price of not less than par value plus accrued interest from date of the Bonds to date of delivery. Bidders are requested to
specify the rate or rates of interest that the Bonds will bear. There is no limit on the number of interest rates tllat may be named;
however, all Bonds maturing on the same date must bear interest at one and the same rate. Interest rates must be in. multiples of 1/8 or
2
ltt
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1/20 of 1%. The spread between the highest and lowest interest rates named may not exceed 1 % in rate. Bids providing for zero
or supplemental interest rates will not be considered.
Award of Sale
For the pwpose of awarding the Bonds, the interest cost of each bid will be computed by detennining, at the interest rate or rates
specified therein, the total dollar amount of all interest and deducting therefrom the premium bid, if any. In the event of an error in
interest cost calculations, the interest rates named in the Official Bid Form will govern. The Authority agrees to either award the Bonds
on the sale date to the bidder whose bid on the above computation produces the lowest interest cost to the Authority and is in strict
accordance with the bidding conditions of this Official Notice of Sale or reject all bids and readvertise the Bonds for competitive bids.
No award will be made to any bidder bidding on terms and conditions not in strict conformity with this Official Notice of Sale.
Issue Price Certificate
To provide the Authority with information to enable it to comply with certain conditions of the Internal Revenue Code of 1986, as
amended, relating to the exclusion of interest on the Bonds from gross income for federal income tax pwposes, the successful bidder will
be required to complete, execute and deliver to the Authority (on the next business day after award of the Bonds is made) a certification
regarding "issue price" substantially in the form enclosed herewith as Exhibit A to this Notice of Sale. If the successful bidder will not
reoffer the Bonds for sale or has not sold a substantial amount of the bonds of any maturity by the date of delivery, such certificate may
be modified in a manner approved by the Authority. In no event will the Authority fail to deliver the Bonds as a result of the successful
bidders inability to certify actual sales of Bonds at a particular price prior to delivery. Each bidder, by submitting its bid, agrees to
complete, execute, and deliver such a certificate by the date of delivery of the Bonds, if its bid is accepted by the Authority. It will be the
responsibility of the successful bidder to institute such syndicate reporting requirements, to make such investigation, or otherwise to
ascertain the facts necessary to enable it to make such certification with reasonable certainty, Any questions concerning such
certification should be directed to Bond Counsel.
Good Faith Deposit
Each bid must be secured by a Good Faith Deposit in the form of a Bank Certified or Bank Cashier's Check in the amount of $161,600
payable to the La Porte Area Water Authority. The Good Faith Deposit may,accompany the Official Bid Form or it may be submitted
separately, if submitted separately, it must be made available to the payee prior to the opening of the bids and must be accompanied by
instructions of the bank on which drawn, which authorizes its use as a Good Faith Deposit by the successful bidder (the "Purchaser") who
must be named in such instructions, The check of the Purchaser will be retained by the Authority to assure performance of the contract
on the part of the Purchaser, In the event the Purchaser should fail or refuse to take up and pay for the Bonds in accordance with his bid,
then said check will be cashed and accepted by the Authority as full and complete liquidated damages. Otherwise, the Good Faith Check
will be returned to the Purchaser upon the delivery of and payment for the Bonds, No interest will be paid by the Authority on the Good
Faith Deposit. The checks of the unsuccessful bidders will be returned after award of the sale is made.
DELIVERY OF THE BONDS AND ACCOMPANYING DOCUMENTS
CUSIP Numbers
It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such number on any Bond
nor any error with respect thereto shall constitute cause for a failure or refusal by the respective Purchaser to accept delivery of and pay
for the Bonds in accordance with the terms of this Official Notice of Sale and the terms of the Official Bid Form. All e"..penses in
relation to the printing ofCUSIP numbers on the Bonds will be paid by the Authority; provided, however, that the CUSIP Service Bureau
charge for the assigmnent of the nwnbers shall be the responsibility of and shall be paid for by the Purchaser.
Deliverv of Initial Bond
Deliyery of the Bonds will be accomplished by the issuance of one Bond (the "Initial Bond"), either in typed or printed form in the
aggregate principal amount of $8,080,000, payable to the Purchaser, signed by the manual or facsimile signatures of the President and
Secretary of the Board of Directors, approved by the Attorney General of the State of Texas, and registered by the Comptroller of Public
Accounts of the State of Texas. Delivery (the "Initial Delivery") will be at the corporate trust office of the RegistraI. Payment for the
Initial Bond must be made in immediately available funds for unconditional credit to the Authority, or as otherwise directed by the
Authority. The Purchaser will be given five (5) business days notice of the time fixed for delivery of the Initial Bond. It is anticipated
that Initial Delivery can be made on or about October 6, 1999, and it is understood and agreed that the Purchaser will accept delivery and
make payment for the Initial Bond on October 6, 1999, or thereafter on the date the Initial Bond is tendered for delivery, up to and
including October 13, 1999. If for any reason the Authority is unable to make delivery on or before October 13, 1999,. then the Authority
will immediately contact the Purchaser and allow the Purchaser to extend his offer for an additional thirty (30) days. If the Purchaser
does not elect to extend his offer within six days thereafter, then the Good Faith Deposit will be returned, and both the Authority and the
Purchaser will be relieved of any further obligation.
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DTC Definitive Bonds
After delivery of the Initial Bond, the Bonds will be issued in book-entry only form. Cede & Co. is the nominee for DTC. All references
herein to the bondholders or registered owners of the Bonds mean Cede & Co. and not the beneficial owners of the Bonds. Purchases of
beneficial interests in the Bonds will be made in book-entry fonn (without bonds) in the denomination 0[$5,000 principal amount or any
integral multiple thereof. Under certain limited circumstances described herein, the Authority may determine to forego immobilization of
the Bonds at DTC, or another securities depository, in which case such beneficial interests would become exchangeable for one or more
fully registered bonds oflike principal amount for the Bonds.
Tax Exemption
The delivery of the Bonds are subject to an opinion of Akin, Gump, Strauss, Hauer & Feld, L.L.P., San Antonio, Texas, Bond Counsel, to
the effect that interest thereon is excludable from gross income for federal income tax purposes under existing law and that the
obligations are not private activity bonds. See "TAX MATTERS" in the Official Statement for a complete description of Bond
Counsel's opinion.
Qualified Tax-Exempt Oblie:ations
The Bonds are "qualified tax-exempt obligations", within the meaning of section 265 of the Internal Revenue Code of 1986 (as
amended), for purposes of computing the disallowance of interest expense allocable to interest on the Bonds for fmancial institutions.
See "Qualified Tax-Exempt Obligations" in the Official Statement.
Leeal Opinion
The Authority will furnish without cost to the respective Purchaser a transcript of certain certified proceedings had incident to the
issuance and authorization of the Bonds, including a certified copy of the approving legal opinion of the Attorney General of Texas, as
recorded in the Bond Register of the Comptroller of Public Accounts of the State of Texas, to the effect that the Attorney General of
Texas has examined a transcript of proceedings authorizing the issuance of the Initial Bond, and that based on such examination the
Bonds are valid and legally binding obligations of the Authority, and based upon an examination of such transcript of proceedings, the
legal opinion of Akin, Gump, Strauss, Hauer & Feld, L.L.P" Bond Counsel, San Antonio, Texas, to a like effect (subject as to the
enforcement to the applicable bankruptcy, moratorium and similar laws applicable to creditors' rights generally from time to time in
effect). The. opinion of Akin, Gwnp, Strauss, Hauer & Feld, L.L.P. with respect to the tax exemption of the interest on the Bonds is
described under the caption "TAX MATTERS" in the Official Statement.
Such opinion of Akin, Gump, Strauss, Hauer & Feld, L.L.P. is expected to be reproduced on the back of the Bonds over a certification by
the facsimile signature of the Authority Secretary attesting that the opinion was dated as of the date of delivery of and payment therefor,
and that the copy is a true and correct copy of the original opinion; however, the failure to print such opinion on any Bond will not
constitute cause for failure of or refusal by the Purchaser to accept delivery of and pay for the Bonds, The legal fee' to be paid Akin,
Gump, Strauss, Hauer & Feld, L.L.P, for services rendered in cOlmection with the issuance and sale of the Bonds is contingent on the
sale and delivery of the Bonds,
No Liti!zation Certificate
The Authority will furnish the Purchaser a Certificate signed by the President and Secretary of the Board of Directors which will recite,
among other things, that no litigation of any nature has been filed or is now pending to restrain or enjoin the issuance or delivery of the
Bonds or which would affect the provision made for their payment or security, or in any other manner questioning the proceedings or
authority concerning the issuance of the Bonds, and that so far as is known and believed, no such litigation is threatened.
Certification as to Official Statement
At the time of payment for and delivery of the Bonds, the Authority will furnish the respective Purchaser a Certificate signed by the
General Manager of the Authority acting in his official capacity, to the effect that the Official Statement has been authorized and
approved by the Board of Directors, and to the best of his knowledge and belief after reasonable investigation: (a) neither the Official
Statement nor any amendment or supplement thereto contains any untrue statement of a material fact or omits to state any material fact
necessary to make the statements therein, in light of circumstances in which they were made, not misleading; (b) since the date of the
Official Statement no event has occurred which should have been set forth in an amendment or supplement to the Official Statement
which has not been set forth in such amendment or supplement; and (c) there has not been any material adverse change in the operation
or financial affairs of the Authority since the date of such Official Statement.
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GENERAL
Future Ree:istration
In the event the Book-Entry-Only System is discontinued with respect to the Bonds, the Bonds, may be transferred, registered and
assigned only on the registration books of the Registrar, and such registration and transfer will be without expense or service charge to
the owner, except for any tax or other governmental charges required to be paid with respect to such registration and transfer. A Bond
may be assigned by the execution of an assignment form on the Bonds or by other instrument of transfer and assignment acceptable to the
Registrar. A new Bond will be delivered by the Registrar for the Bond being transferred or exchanged at the principal office of the
Registrar, To the extent possible, Bonds issued in an exchange or transfer of Bonds will be delivered to the registered owner or assignee
of the owner in not more than three (3) business days after the receipt of the Bonds to be canceled in the exchange or transfer and the
written instrument of transfer or request for exchange duly executed by the owner or his duly authorized agent, in form satisfactory to the
Registrar. New Bonds registered and delivered in an exchange or transfer will be in denominations of $5,000 or any integral multiple
thereof for anyone maturity and for a like aggregate principal amount as the Bonds surrendered for exchange or transfer.
Successor Pavine Ae:entlRee:istrar (the "Ree:istrar")
Provision is made in the Bond Resolution for replacement of the respective Registrar. If a Registrar is replaced by the Authority, the new
Registrar shal1 accept the previous Registrar's records and act in the same capacity as the previous Registrar. Any Registrar selected by
the Authority must be either a commercial bank or trust company organized and doing business under the laws of the United States of
America or of any State, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or
State authority.
Record Date
The record date ("Record Date") for the interest payable on any interest payment date is defined as the last business day of the month
next preceding such interest payment date.
Not An Offer To Sell
This Official Notice of Sale does not alone constitute an offer to sell the Bonds. This Official Notice of Sale, the Official Bid Forms and
the Official Statement collectively constitute the offer to seil the Bonds. Prospective purchasers are urged to carefully examine the
Official Statement and to make other investigations they deem necessary to detennine the investment quality of the Bonds.
ResDonsibilitv for Oualification of Bonds for Sale in Respective States
The offer and sale of the Bonds have not been registered or qualified under the Securities Act of 1933, as amended, in reliance upon the
exemptions provided thereunder. The Bonds have not been registered or qualified under the Securities Act of Texas in reliance upon
various exemptions contained therein, nor have the Bonds been registered or qualified under the securities acts of any other jurisdiction.
Neither the Authority nor Moroney, Beissner & Co., Inc. assumes any responsibility for qualification of the Bonds lll1der the securities
laws of any jurisdiction in which the Bonds may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of
responsibility for qualification for sale or other disposition of the Bonds shall not be construed as an interpretation of any kind with
regard to the availability of any exemption from securities registration provisions.
Official Statement
The accompanying Official Statement is in a form deemed final as of its date within the meaning of SEe Rule l5c2-l2(bXl). The
respective Purchaser is responsible for infonning Moroney, Beissner & Co., Inc., Financial Advisors to the Authority, of the initial
offering yields on the Bonds on the next business day after a"-'ard of the Bonds is made, The Authority will prepare a Supplement to the
Official Statement describing these offering yields, the interest rates Gn the Bonds and other terms relating to the initial reoffering of the
Bonds. The Authority will furnish to the Purchaser of the Bonds within seven (7) business days from the sale of the Bonds, up to
100 copies of the Official Statement together with a like number of the Supplement at DO cost to tbe Purchaser. The Purchaser
shall be responsible for the printing costs of copies of the Official Statement and Supplement in excess of 100 and the cost of a reprinted
Official Statement with the information contained in the above-mentioned Supplement incorporated therein, if requested by the
Purchaser. Except as noted above, the Authority assumes no responsibility or obligation for the distribution or delivery of any copies of
the Official Statement in connection with the offering or reoffering of the Bonds.
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Continuin2 Disclosure
The Authority has agreed in the Bond Resolution to provide certain periodic infonnation and notices of material events in accordance
with Securities and Exchange CO,mmission Rule 15c2-l2, as described in the Official Statement under "CONTINUING DISCLOSURE
REQUIREMENTS".
Additional CODies
Additional copies of the Official Notice of Sale, Official Statement and Official Bid FonDS may be obtained from Moroney, Beissner &
Co., Inc., 1980 Post Oak Boulevard, Suite 2100, Houston, Texas 77056.
MR. JERRY BRAMLETT, PRESIDENT
LAPORTE AREA WATER AUTHORITY
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OFFICIAL BID FORM
President and Board of Directors
La Porte Area Water Authority
c/o Moroney. Beissner &. Co., Inc.
19S0 Post Oak Blvd., Suite 2100
Houston. TX 77056
Gentlemen:
This bid is submitted Wlder the bidding conditions of your Official Notice of Sale dated August _' 1999. ons.oso.OOO La
Porte Area Water Authority, Contract Revenue Refunding Bonds, Series 1998, the terms and conditions of which Official
Notice of Sale are made a part hereof.
For your legally issued $8,OSO,OOO of Bonds, as described in said Official Notice of Sale. we will pay you par and accrued
interest, plus a cash premium of $ for Bonds maturing and bearing interest as follows:
Maturitv
2002
2003
2004
2005
2006
2007
200S
2009
Interest
Rate
GROSS INTEREST COST $
LESS PREMIUM $
NET INTEREST COST $
EFFECTIVE INTEREST RATE
%
%
%
%
%
%
%
%
Maturity
2010
2011
2012
2013
2014
2015
2016
2017
Interest
Rate
%
%
%
%
%
%
%
%
%
The Initial Bond shall be registered in the name of (syndicate manager).
We will advise Chase Bank of Texas, National Association, Houston, Texas, the Paying AgentlRegistrar, our registration
instructions at least five business days prior to the date set for Initial Delivery. We will not ask the Paying AgentlRegistrar to
accept any registration instructions after the five day period.
The Wldersigned agrees to complete. execute. and deliver to the Authority, on the next business day after award of the
Bonds, the Initial Offering Price Certificate, in the fonn enclosed as Exhibit A to the Official Notice of Sale.
Attached hereto or submitted separately is a Bank Certified or Bank Cashier's Check of the
in the amoWlt of $161 ,600 which represents our Good Faith Deposit and which is submitted in accordance with the tenns as
set forth in the Official Notice of Sale. '
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We have read in detail the Official Notice of Sale and the Official Statement relating to the Bonds, and we have made such
investigations as we deem necessary relating to the Authority and the investment quality of the Bonds.
ACCEPTANCE CLAUSE
Respectfully submitted,
By:
Phone:
day of
The foregoing bid is hereby in all things accepted by the La Porte Area Water Authority, this the
September. 1999.
ATIEST:
Secretary
President
ACCUMULATED BOND YEARS
$8,080,000
La Porte Area Water Authority
Contract Revenue Refunding Bonds, Series 1999
Dated: September 15, 1999
Year of
Maturitv
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
Amount
of Bonds
$370,000
385,000
405,000
420,000
445,000
460,000
485,000
505,000
525,000
550,000
580,000
615,000
640,000
670,000
705,000
320,000
Maturity: March 15
Accumulated
Bond Years
925.0000
2,272.5000
4,095.0000
6,405.0000
9,297,5000
12,747.5000
16,870.0000
21,667.5000
27,180.0000
33,505.0000
40,755.0000
49,057.5000
58,337.5000
68,722.5000
80,355,0000
85,955.0000
Average Maturity ...... 10.638 Years
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ISSUE PRICE CERTIFICATE
e
EXHIBIT A
The undersigned hereby certifies as follows with respect to the sale of S8,080,OOO La Porte Area Water Authority (the "Authority"),
Contract Revenue Refunding Bonds, Series 1999 (the "Bonds"):
1. The undersigned is the underwriter or the manager of the syndicate of underwriters which has purchased the Bonds from the
Authority at competitive sale.
2. The first price for each maturity of the Bonds at which a substantial amount (at least ten percent) of such maturity is sold to
the public (expressed as a percentage of principal amount and exclusive of accrued interest) is set forth below:
Principal
Amount
Maturing
$370,000
385,000
405,000
420,000
445,000
460,000
485,000
505,000
Year of
Maturitv
Offering
Price %
Principal
Amount
Maturin2
Year of
Maturitv
Offering
Price %
2002
2003
2004
2005
2006
2007
2008
2009
S525,000
550,000
580,000
615.000
640.000
670,000
705,000
320,000
2010
2011
2012
2013
2014
2015
2016
2017
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
3, The Underwriters have made a bona fide offering to the public of all the Bonds of each maturity at the initial offering prices
to the public. as set out above. The initial offering price set forth above is the price at which the Underwriters expected, on the
date the Bonds were purchased by the Underwriters, to offer such Bonds to the general public and such price has not been
adjusted to take into account actual facts after such date.
4. The initial offering prices described above for each maturity of the Bonds reflect current market prices at the time such
prices were established.
5. The Underwriters (have) (have not) purchased bond insurance for the Bonds. The bond insurance, if any, has been
purchased from (the "Insurer") for a premium cost of S (net
of any nonguarantee cost, e.g., rating agency fees). The amount of such cost is set-forth in the Insurer's commitment and is
separately stated from all other fees or charges payable to the Insurer. The premium does not exceed a reasonable charge for
the transfer of credit risk taking into account payments charged by guarantors in comparable transactions (including
transactions in which a guarantor has no involvement other than as a guarantor). The present value of the debt service savings
expected to be realized as a result of such insurance exceeds the present value of the insurance premium discoWlted at a rate
equal to the yield on the bonds which results assuming recovery of the insurance premium.
6. The tenn 'public", as used herein, means persons other than bondhouses, -brokers, dealers, and similar persons or
organizations acting in the capacity of Wlderwriters or wholesalers.
7. The undersigned understands that the statements made'herein will be relied upon by the Authority in complying with the
conditions imposed by the Internal Revenue Code of 1986, as amended, on the exclusion of interest on the Bonds from the
gross income of their owners for federal income tax purposes.
.1999.
EXECUTED AND DEUVERED TInS
(Name of Underwriter or Manager)
By
Title
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OFFICIAL STATEMENT
NEW ISSUE: BOOK-ENTRY -ONLY
Dated August -' 1999
In the opinion of Bond Counsel, the Bonds are excludable from gross income for federal income tax purposes under existing law, and
the Bonds are not private activity bonds. See "TAX MATTERS" herein for a discussion of Bond Counsel's opinion, including a
description of alternative minimum tax consequences for corporations. The Authority will designate the Bonds as qualified tax-exempt
obligations. See "Qualified Tax-Exempt Obligations".
DESCRIPTION OF BONDS
$8,080,000
LA PORTE AREA WATER AUTHORITY
(Harris County, Texas)
CONTRACT REVENUE REFUNDING BONDS, SERIES 1999
"QUALIFIED TAX-EXEMPT OBLIGATIONS"
The Bon~ will be dated September IS, 1999. Interest on the Bonds will accrue from such date and will be due on March 15,2000, and
each September 15 and March IS thereafter until maturity, The Bonds will be issued in fully registered fonn in integral multiples of
$5,000, and principal and semiannual interest will be payable at Chase Bank of Texas, National Association, the paying agenUregistrar
(the "Registrar"), at its principal payment office in Dallas, Texas. The Bonds will be initially registered and delivered only to Cede &
Co., the nominee of The Depository Trust Company ("DTC") pursuant to the Book-Entry-Only System described herein. Beneficial
ownership of the Bonds may be acquired in denominations of $5,000 or integral multiples thereof. No physical delivery of the Bonds
will be made to the purchasers thereof. Principal of and interest on the Bonds will be payable by the Registrar to Cede & Co., which
will make distribution of the amounts so paid to the beneficial owners of the Bonds. See "Book-Entry-Only System" herein If the date of
the payment of the principal or interest on a Bond shall be a Saturday, Sunday, legal holiday, or a day on which banking institutions in
the city where the payment office of the Paying AgenURegistrar is located are authorized by law or executive ordinances to close, then
the date for such payment shaH be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or a day on which
banking institutions are authorized to close and payment on such date shall have the same force and effect as if made on the original date
payment was due.
Year
2002
2003
2004
2005
2006
2007
2008
2009
ODtional Provisions
March 15
Maturitv Schedule
Amount
$370,000
385,000
405,000
420,000
445,000
460,000
485,000
505,000
Year
2010
2011
2012
2013
2014
2015
2016
2017
Amount
$525,000
550,000
580,000
615,000
640,000
670,000
705,000
320,000
All Bonds maturing on or after March 15, 2011, are optional for redemption in whole or in part on March IS, 2010, or any date thereafter
at par and accrued interest to the date fixed for redemption. If less than all of the Bonds are redeemed at anytime, the particular
Bonds to be redeemed shall be selected by the Authority in integral multiples of $5,000 within anyone maturity. The registered owner
of any Bond, all or a portion of which has been called for redemption, shall be required to present same to the Registrar for payment of
the redemption price on the portion of the Bond so called for redemption and a new Bond in the principal amount equal to the portion of
such Bond not redeemed will be issued to such registered owner.
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Authoriza tion
The Bonds are issued pursuant to the general laws of the State of Texas, particularly Article 717, Vernon's Texas Civil Statutes, as
amended, and a Resolution adopted by the Board of Directors of the Authority authorizing the issuance and sale of the Bonds (the "Bond
Resolution").
Use of Proceeds
The proceeds from the sale of the Bonds will be used to reftmd on December 1, 1999, all of the Authority's outstanding Bonds,
$4,055,000 of the Authority's Contract Revenue Bonds, Series 1988, maturing serially on December 1,2000, through and including 2015,
and $4,025,000 of the Authority's Contract Revenue Bonds, Series II 1988, maturing serially on December I, 2000, through and including
2016.
Securitv
The Bonds will constitute valid and legally binding special obligations of the La Porte Area Water Authority payable from and secured
by a first lien on and pledge of the revenues derived from the operation of the Authority's Water System, after deduction of the necessary
and reasonable expenses of maintenance and operation of said system. The owner(s) of the Bonds shall never have the right to demand
payment of the principal and interest on the Bonds out of any ftmds raised or to be raised by taxation.
Securities Deoositorv
The Authority intends to utilize the Book-Entry-Only System of The Depository Trust Company ("DTC"), but reserves the right on its
behalf or on behalf ofDTC to discontinue such system. Such Book-Entry-Only System will affect the method and timing of payment and
the method of transfer. See "BOOK-ENTRY -ONLY SYSTEM", herein.
Lel!alitv
Attorney General of the State of Texas and Akin, Gump, Strauss, Hauer & Feld, L.L.P., Attorneys, San Antonio, Texas,
Pavrnent Record
The Authority has never defaulted.
TAX MATTERS
Ooinion
On the date of initial delivery of the Bonds, Akin, Gump, Strauss, Hauer & Feld, L.L.P" Bond Counsel, will render their opinion that,
under existing law, (I) interest on the Bonds will be excludable from gross income for federal income tax purposes under section 103 of
the Internal Revenue Code of 1986, as amended (the "Code") and (2) the Bonds will not be treated as "private activity bonds" within the
meaning of section 141 of the Code and that, accordingly, interest on the Bonds will not be included as an alternative minimum tax
preference item under section 57(a)(5) of the Code. Except as stated above, Bond Counsel will express no opinion as to any other
federal, state, or local tax consequences under present law, or proposed legislation, resulting from the receipt or accrual of interest on or
the acquisition, ownership, or disposition of the Bonds.
In rendering their opinions, Bond Counsel will rely upon representations and certifications of the Authority with respect to matters solely
within the knowledge of the Authority and will assume continuing compliance by the Authority with covenants pertaining to those
sections of the Code which affect the exclusion from gross income of interest on the Bonds for federal income tax purposes. If such
representations and certifications are detennined to be inaccurate o~ incomplete, or the Authority fails to comply with the foregoing
covenants, interest on the Bonds could become includable in gross income retroactively to the date of issuance of the Bonds, regardless of
the date on which the event causing such inclusion occurs.
The statutes, regulations, published rulings, and court decisions upon which Bond Counsel have based their opinions are subject to
change by the Congress and to subsequent judicial and administrative interpretation by the courts and the Department of the Treasury.
There can be no assurance that such law or the interpretation thereof will not be changed in a manner which would adversely affect the
tax treatment of the receipt or accrual of interest on or the acquisition. ownership, or disposition of the Bonds.
Bond Counsel assumes no duty to update or supplement its opinions to reflect any facts or circwnstances that may hereafter come to
Bond Counsel's attention or to reflect any changes in law that may thereafter occur or become effective.
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Federal Income Tax Accountinl! Treatment of Orilzinal Issue Discount
The initial public offering price of certain stated maturities of the Bonds may be less than the stated redemption price at maturity (as
defined in section 1272 of the Code and Income Tax Regulations thereunder) on the Bonds (the "Original Issue Discount Bonds").
Assuming that all of the Original Issue Discount Bonds have been initially offered and a substantial amount of each maturity thereof has
been sold. to the general public in ann's length transactions for a price (with no other consideration being included) for not more than the
initial offering prices stated in this Official Statement, an amount equal to the difference between the initial public offering price of an
Original Issue Discount Bond and the stated redemption price at maturity constitutes "original issue discount" to the initial purchaser of
such Original Issue Discount Bond. Such original issue discount may result from the payment of accrued interest by the initial purchaser,
Bonds having an interest payment period longer than six months, or the purchase by the initial purchaser at a discount from the face
amount of the Bonds. Under existing law, such initial purchaser is entitled to exclude from gross income an amount of income with
respect to such Original Issue Discount Bond equal to that portion of the amount of such original issue discount allocable to the period
that such Original Issue Discount Bond continues to be owned by such purchaser. For a discussion of certain collateral federal tax
consequences, see discussion set forth below.
In the event of the redemption, sale, or other taxable disposition of such Original Issue Discount Bond prior to stated maturity, the
amount realized by such purchaser in excess of the basis of such Original Issue Discount Bond in the hands of such purchaser (adjusted
upward by the portion of the original issue discount allocable to the period for which such Original Issue Discount Bond was held by
such initial purchaser) is includable in gross income.
Original issue discount is considered to be accrued actuarially in accordance with the constant interest method over the life of the
Original Issue Discount Bond. taking into account the semiBIUlual compounding of accrued interest, at the yield to maturity on such
Original Issue Discount Bond. The allocation of such original issue discount will generally result in an amount treated as interest that is
different than the amount of the payment denominated as interest actually received by the owner thereof during the taxable year.
The federal income tax consequences of the acquisition, ownership, redemption, sale, or other disposition of Original Issue Discount
Bonds which are not purchased in the initial offering at the initial offering price may be detennined according to roles which differ from
those described above. All purchasers of Original Issue Discount Bonds should consult their own tax advisors with respect to the
detennination for federal, state, and local income tax purposes of the treatment of interest accrued upon redemption, sale, or other
disposition of, such Original Issue Discount Bonds and with respect to the federal, state, local, and foreign tax consequences of the
acquisition, ownership, redemption, sale, or other disposition of, such Original Issue Discount Bonds.
Collateral Federal Income Tax Consequences
The following discussion is a swnmary of certain collateral federal income tax consequences resulting from the receipt or accrual of
interest on or the acquisition, ownership, or disposition of the Bonds. TIlis discussion is based on existing statutes, regulations,
published rulings, and cow1 decisions, all of which are subject to change or modification retroactively.
The following discussion is applicable to investors, other than those who are subject to special provisions of the Code, such as financial
institutions, property and casualty insurance companies, life insurance companies, individual recipients of Social Security or Railroad
Retirement benefits, individuals otherwise quaIiftying for the earned income tax credit, owners of an interest in a financial assest
securitization investment trust. certain S corporations with Subchapter C earnings and profits, and taxpayers who may be deemed to have
incurred or continued indebtedness to purchase or cany, or who have paid or incurred expenses allocable to, tax-exempt obligations.
INVESTORS, INCLUDING TIiOSE WHO ARE SUBJECT TO SPECIAL PROVISIONS OF THE CODE, SHOULD CONSULT THEIR
OWN TAX ADVISORS WlTIi RESPECT TO TIlE TAX TREATMENT WHICH MAY BE ANTICIPATED TO RESULT FROM THE
RECEIPT OR ACCRUAL OF INTEREST ON OR TIlE ACQursmoN, OWNERSHIP, AND DISPOSmON OF TAX-EXEMPT
OBUGATIONS BEFORE DElERMINING WHETIlER TO PURCHASE TIIE BONDS.
Interest on the Bonds will be included in the "adjusted current earnings" of certain corporations for pwposes of computing its alternative
minimum tax imposed by section S5 of the Code.
Interest on the Bonds may be subject to the "branch profits tax" imposed by section 884 of the Code on the effectively-connected earnings
and profits of a foreign corporation doing business in the United States.
Under section 6012 of the Code, owners of tax-exempt obligations, such as the Bonds, may be required to disclose interest received or
accrued ~uring each taxable year on their retwns with respect to federal income taxes.
Section 1276 of the Code provides for ordinary income tax treatment of gain recognized upon the disposition of a tax-exempt obligation,
such as the Bonds, if such obligation was acquired at a "market discount" and if the fixed maturity of such obligation is equal to, or
exceeds, one year from the date of issue. Such treatment applies to "market discount bonds" to the extent such gain does not exceed the
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accrued market discount (defined below) of such bonds; although for this pllIpOse, a de minimis amount of market discount is ignored. A
"market discount bond" is one which is acquired by the owner at a purchase price which is less than the stated redemption price at
matwity or, in the case ofa bond issued at an original issue discount, the "revised issue price" (i.e., the issue price plus accrued original
issue discount). The "accrued market discount" is the amount which bears the same ratio to the market discount as the number of days
during which the holder holds the obligation bears to the number of days between the acquisition date and the tinal matwity date.
State. Local. and Foreil!ll Taxes
Investors should consult their own tax advisors concerning the tax implications resulting from the receipt or accrual of interest on or the
acquisition, ownership, or disposition of the Bonds under applicable state or loca1laws. Foreign investors should also consult their own
tax advisors regarding the tax consequences unique to investors who are not United States persons.
Oualified Tax-Exempt Oblie:ations for Financial Institutions
Section 265(a) of the Code provides, in pertinent part, that interest paid or incurred by a taxpayer, including a "financial institution", on
indebtedness incurred or continued to purchase or carry tax-exempt obligations is not deductible by such taxpayer in detennining taxable
income. Section 26S(b) of the Code provides an exception to the disallowance of such deduction for any interest expense paid or
incurred on indebtedness of a taxpayer which is a "fmancial institution" allocable to tax-exempt obligations, other than "specified private
activity bonds", which are designated by an issuer as "qualified tax-exempt obligations". Section 265(bX5) of the Code defines the term
"financial institution" as referring to any COIpOJ'ation described in section 585( a X2) of the Code, or any person accepting deposits from
the public in the ordinary course of such person's trade or business which is subject to federal or state supervision as a fmancial
institution.
The Authority expects to designate the Bonds as "qualified tax-exempt obligations" within the meaning of section 265(b) of the Code. In
furtherance of that designation, the Authority will covenant to take such action which would assure or to refrain from such action which
would adversely affect the treatment of the Bonds as "qUlilified tax-exempt obligations".
Potential purchasers should be aware that if the issue price to the public (or, in the case of discount bonds, the amount payable at
matwity) exceeds S10,000,000, then such obligations might fail to satisfy the SI0,000,000 limitation and the obligations would not be
"qualified tax-exempt obligations".
LEGAL MATTERS
Legal matters incident to the authorization, issuance and sale of the Bonds are subject to the approval of the Attorney General of the
State of Texas and the opinion of Akin, Gump, Strauss, Hauer & Feld, L.L.P., Bond Counsel, whose opinion may be printed on the
Bonds. Akin, Gwnp, Strauss, Hauer & Feld, L.L.P. was not requested to participate, and did not take part in, the preparation of the
Official Statement except as hereinafter noted, and such firm has not assumed any responsibility with respect thereto or undertaken
independently to verify any of the infonnation contained herein, except that, in its capacity as Bond Counsel, such fum has reviewed the
information under the captions "DESCRIPTION OF BONDS., "TAX MATTERS", and "LEGAL MATTERS" in the Official
Statement to determine whether such infonnation presents a fair and accurate summary of the provisions of the law and the instruments
described under such captions. The legal fees to be paid to Akin, Gump, Strauss, Hauer & Feld, L.L.P. in connection with the issuance
of the Bonds are contingent on the sale and delivery of the Bonds.
The various legal opinions to be delivered concurrently with the delivery of the Bonds express the professional judgment of the attorneys
rendering the opinions as to the legal issues explicitly addressed therein. In rendering a legal opinion, the attorney does not become an
insurer or guarantor of that expression of professional judgment, of the transaction opined upon, or of the future performance of the
parties to the transaction. Nor does the rendering of an opinion guarantee the outcome of any legal dispute that may arise out of the
transaction.
RATINGS
Application for ratings on the Bonds have been made to both Moody's and S&P. The; ratings will be provided by addendum to this
Official Statement as soon as possible after their assignment An explanation of the significance of the ratings may be obtained from
Moody's and S&P. The ratings reflect only the respective views of Moody's and S&P and the Authority makes no representation as to the
appropriateness of the ratings. There is no assurance that the ratings assigned will continue for any given period of time or that they will
not be changed, suspended or withdrawn by either Moody's or S&P. Any change, suspension or withdrawal of the ratings may have an
effect on the market price of the Bonds.
BOOK-ENTRY-ONLY SYSTEM
The Depository Trost Company ("DTC"), New York, New York, will act as securities depository for the Bonds. The Bonds will be
issued as fully-registered securities registered in the name of Cede & Co. (DTC's partnership nominee). One fully-registered security
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will be issued for each maturity of the Bonds, as the case may be, as set forth on page one of this Official Statement, each in the
aggregate principal amolUlt of such maturity, and will be deposited with DTC.
DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of
the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York
Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act
of 1934. DTC holds securities that its participants ("Participants") deposit with DTC. DIC also facilitates the settlement among
Participants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book-entry
changes in Participants' acCOlUlts, thereby eliminating the need for physical movement of securities certificates. Direct Participants
include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is owned by a
number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National
Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers,
banks, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly
("Indirect Participants"). The rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission.
Purchases of Bonds lUlder the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on
the DTC's records. The ownership interest of each actual purchaser of each Bond ("Beneficial Owner") is in twn to be recorded on the
Direct and Indirect Participants' records. Beneficial Owners will not receive written confumations from DTC of their purchase, but
Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statement of
their holding, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of.
ownership interest in the Bonds are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial
Owners. Beneficial Owners will not receive certificates representing their ownership interests in Bonds, except in the event that use of
the book-entIy system for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Participants with DTC are registered in the name of DTC's partnership
nominee, Cede & Co. The deposit of the Bonds with DIC and their registration in the name of Cede & Co. effect no change in
beneficial ownership. DIC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the identity of the
Direct Participants to whose accounts such Bonds are credited, which mayor may not be the Beneficial Owners. The Participants will
remain responsible for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DIC to direct Participants, by Direct Participants to Indirect Participants, and by
Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subj ect to any statutory
or regulatory requirements as may be in effect from time to time.
Neither DTC nor Cede & Co. will consent or vote with respect to the Bonds. Under its usual procedures, DTC mails an Omnibus Proxy
to the Authority as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those
Direct Participants to whose accounts the Bonds are credited on the reco~d date (identified in a listing attached to the Omnibus Proxy).
Principal and interest payments on the Bonds will be made to DIC. DTC's practice is to credit Direct Participants' accounts on payable
date in accordance with their respective holdings shown on DIC's records unless DIC has reason to believe that it will not receive
payment on payable date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary
practices, as is the case v.ith securities held for the accounts of customers in bearer form or registered in "street name", and will be the
responsibility of such Participant and not of DTC, the Paying AgentlRegistrar or of the Authority, subject to any statutory or regulatory
requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of the Authority,
disbursement of such payments to Direct Participants shall be the responsibility of DTe, and disbursement of such payments to the
Beneficial Owners shall be the responsibility of Direct and Indirect Participants.
DIC may discontinue providing its services as securities depository with respect to the Bonds, at any time by giving reasonable notice to
the Authority or the Paying AgentJRegistrar. Under such circumstances, in the event that a successor securities depository is not
obtained, printed certificates for the Bonds, are required to be fwnished and delivered.
The Authority may decide to discontinue use of the system of book-entry transfers through DTC (or a successor depository) for the
Bonds. In this event, the printed certificates for the Bonds will be fwnished and delivered. The information in this section concerning
DTC and DTC's book-entry system has been obtained from sources that the Authority believes to be reliable, but the Authority takes no
responsibility for the accuracy thereof.
Use of Certain Terms in Other Sections of this Official Statement
In reading this Official Statement it should be understood that while the Bonds are in the Book-Entry-On1y System, references in other
sections of this Official Statement to registered owners should be read to include the person for which the Participant acquires an interest
in the Bonds, but (i) all rights of o\\1lership must be exercised through DTC and the Book-Entry-On1y System, and (ii) except as
described above, payment or notices that are to be given to registered O\\1lers under the Resolution will be given only to DTC.
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Information concerning DrC and the Book-Entry-Only System has been obtained from DTC and is not guaranteed as to accuracy or
completeness by, and is not be construed as a representation by the Authority.
So long as Cede & Co. is the registered owner of the Bonds, the Authority will have no obligation or responsibility to the DTC
Participants or Indirect Participants, or the persons for which they act as nominees, with respect to payment to or providing of notice to
such Participants, or the persons for which they act as nominees.
REGISTRATION
Pavine: Ae:entJRes!istrar (the tlRe2istrartl)
The Bonds will be issued in fully registered form in integral multiples of $5,000, and principal and semiannual interest will be payable
by Chase Bank of Texas, National Association, the Registrar, at its principal payment office in Dallas, Texas. Principal of the Bonds
will be payable to the registered owner at maturity or redemption upon presentation to the Registrar, Interest on the Bonds will be
payable by check dated as of the interest payment date, and mailed by the Registrar to registered owners as shown on the records of the
Registrar as of the last business day of the month next preceding each interest payment date, It is expected that the Bonds will be
eligible for delivery to the initial purchaser through DTC. If the date of the payment of the principal or interest on a Bond shall be a
Saturday, Sunday, legal holiday, or a day on which banking institutions in the authority where the principal corporate trust office of the
Registrar is located are authorized by law or executive ordinances to close, then the date for such payment shall be the next succeeding
day which is not such a Saturday, Sunday, legal holiday, or a day on which banking institutions are authorized to close and payment on
such date shall have the same force and effect as if made on the original date payment was due.
Successor Rel!istrar
Provision is made in the Bond Resolution for replacement of the Registrar. If the Registrar is replaced by the Authority, the new
Registrar must accept the previous Registrar's records and act in the same capacity as the previous Registrar. Any Registrar selected by
the Authority must be either a commercial bank or trust company organized under the laws of the United States or of any state and
authorized to serve as and perform the duties and services of Registrar for the Bonds. Successor Registrars, if any, will be detennined by
the Authority.
Future Rel!istration
In the event the Book-Entry-Only System is discontinued, the Bonds may be transferred, registered and assigned only on the registration
books of the Registrar, and such registration and transfer will be without expense or service charge to the owner, except for any tax or
other governmental charges required to be paid with respect to such registration and transfer. A Bond may be assigned by the execution
of an assignment form on the Bonds or by other instnunent of transfer and assignment acceptable to the Registrar. A new Bond or Bonds
will be delivered by the Registrar for the Bond being transferred or exchanged at the principal office of the Registrar. To the extent
possible, new Bonds issued in an exchange or transfer of Bonds will be delivered to the registered owner or assignee of the owner in not
more than three (3) business days after the receipt of the Bonds to be canceled in the exchange or transfer and the written instrwnent of
transfer or request for exchange duly executed by the owner or his duly authorized agent, in fonn satisfactory to tlle Registrar. New
Bonds registered and delivered in an exchange or transfer will be in denominations ofS5,OOO or any integral multiple thereoffor anyone
maturity and for a like aggregate principal amount as the Bond or Bonds surrendered for exchange or transfer.
Record Date
The record date ("Record Date") for the interest payable on any interest payment date is defined as the last business day of the month
next preceding such interest payment date.
USE OF INFORMATION IN OFFICIAL STATEMENT
,
This Official Statement has been prepared by Moroney, Beissner &: Co., Inc., a finn employed by the Authority to perfonn professional
services in the capacity of Financial Advisors, including the preparation of this Official Statement. Information with respect to interest
rates, diSCOWlts, and other matters relating to the resale of the Bonds, including changes in the affairs of the Authority subsequent to the
date hereof, is the responsibility of the successful bidder and such information is not provided herein. The information set forth herein
has been obtained from the Authority and other sources which are believed to be reliable, but no guarantee is made as to the accuracy or
completeness of such information, and its inclusion herein is not to be construed as a representation on the part of the Authority nor
Moroney, Beissner & Co., Tnc. to such effect. No person has been authorized to give any information or to make any representations
other than those contained in this Official Statement, and if given or made, such other information or representations must not be relied
upon as having been authorized by the Authority or Moroney, Beissner & Co" Inc.
This Official Statement does not constitute an offer to sell or solicitation of an offer to buy in any state in which such offer or solicitation
is not authorized, or in which the person making such offer or solicitation is not qualified to do so, or any person to whom it is unlawful
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to make such offer or solicitation. Any infonnation and expressions of opinions herein are subject to change, without notice, and neither
the delivery of this Official Statement, nor any sale made hereW1der. shall under any circumstances create any implication that there has
been no change in the affairs of the Authority since the date hereof.
CONTINUING DISCLOSURE OF INFORMATION
In the Bond Resolution. the Authority has made the following agreement for the benefit of the holders and beneficial owners of the
Bonds, The Authority is required to observe the agreement for so long as it remains obligated to advance funds to pay the Bonds. Under
the agreement, the Authority will be obligated to provide certain updated [mancial infonnation and operating data annually, and timely
notice of specified material events, to certain infonnation vendors. This infonnation will be available to securities brokers and others
who subscribe to receive the infonnation from the vendors.
Annual ReDorts
The Authority will provide certain updated financial infonnation and operating data to certain information vendors annually, The
infonnation to be updated includes all quantitative fmancial infonnation and operating data with respect to the Authority of the general
type included in this Official Statement under the headings "FINANCIAL INFORMATION". "SPECIAL FUND BALANCES".
"COMPUTATION OF NET REVENUES AVAILABLE FOR DEBT SERVICE", "TOP TEN WATER CUSTOMERS",
"WATER RATES", "ESTIMATED DEBT SERVICE REQUIREMENT SCHEDULE", "LA PORTE AREA WATER
AUTHORITY", and in the Audit Report. The Authority will update and provide this infonnation within six months after the end of
each fiscal year. The Authority will provide the updated infonnation to each nationally recognized municipal securities infonnation
repository (''NRMSIR.") and to any state information depository ("SID") that is designated by the State ofTexas and approved by the staff
of the United States Securities and Exchange Commission ("SEC").
The Authority may provide updated infonnation in full text or may incoIpOrate by reference certain other publicly available documents,
as pennitted by SEC Rule ISc2-12. The updated infonnation will include the full audited financial statements of the Authority, if the
Authority's audit is completed by the required time. If audited financial statements are not available by the required time. the Authority
will provide unaudited financial statements within the required time, and audited financial statements when the audit report becomes
available. Any such financial statements will be prepared in accordance with the accounting principles the Authority may be required to
employ from time to time pursuant to state law or regulation.
The Authority's current fiscal year end is September 30. Accordingly, it must provide updated information by March 31 in each year,
unless the Authority changes its liscal year. If the Authority changes its fiscal year, it will notify each NRMSlR and any SID of the
change.
Material Event Notices
The Authority will also provide timely notices of certain events to certain infonnation vendors, The Authority will provide notice of any
of the following events with respect to the Bonds, if such event is material to a decision to purchase or sell Bonds: (1) principal and
interest payment delinquencies; (2) nonpayment related defaults; (3) unscheduled draws on debt service reserves reflecting fmancial
difficulties; (4) unscheduled draws on credit enhancements reflecting fmancial difficulties; (5) substitution of credit or liquidity
providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax-exempt status of the Bonds; (7) modifications to
rights of holders of the Bonds; (8) Bond calls; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the
Bonds; and (11) rating changes. In addition, the Authority will provide timely notice of any failure by the Authority to provide
infonnation, data, or financial statements in accordance with its agreement described above under "Annual Reports". The Authority will
provide each notice described in this paragraph to any SID and to either each NRMSIR. or the Municipal Securities Rulemaking Board
("MSRB").
Availabilit\' of Information From NRMSms and SID
The Authority has agreed to provide the foregoing infonnation only to NRMSIRs and any SID. The infonnation will be available to
holders of Bonds only if the holders comply with the procedures and pay the charges established by such information vendors or obtain
the infonnation through securities brokers who do so,
The Municipal Advisory Council of Texas has been designated by the State of Texas as a SID, and the SEC staff has determined that it is
a qualified SID. The address of the Municipal Advisory Council is 600 West 8th Street, P.O. Box 2177. Austin. Texas 78768-2]77, and
its telephone number is 512/476-6947,
Limitations and Amendments
The Authority has agreed to update infonnation and to provide notices of material events only as described above. The Authority has not
agreed to provide other information that may be relevant or material to a complete presentation of its financial results of operation,
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condition, or prospects or agreed to update any infonnation that is provided., except as described above. The Authority makes no
representation or warranty concerning such infonnation or concerning its usefulness to a decision to invest in or sell Bonds at any future
date. The Authority disclaims any contractual or tort liability for damages resulting in whole or in part from any breach of its continuing
disclosure agreement or from any statement made pursuant to its agreement, although holders or beneficial owners of Bonds may seek a
writ of mandamus to compel the Authority to comply with its agreement Nothing in this paragraph is intended or sball act to disclaim,
waive, or otherwise limit the duties of the Authority under federal and state securities laws.
The Authority may amend its continuing disclosure agreement to adapt to changed circumstances that arise from a change in legal
requirements, a change in law, or a change in the identity, nature, status or type of operations of the Authority, if, but only if (I) the
agreement, as so amended, would have permitted an underwriter to purchase or sell the Bonds in the original primary offering in
compliance with SEC Rule ISc2-12, taking into account any amendments or interpretations of SEC Rule ISc2-12 to the date of such
amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate amount of the outstanding
Bonds consent to such amendment or (b) a person unafIiliated with the Authority (such as nationally recognized bond counsel)
detennines that the amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. If the
Authority amends the agreement, it has agreed to include with any financial information or operating data next provided in accordance
with its agreement described above under "Annual Reports" an explanation, in narrative form, of the reasons for the amendment and of
the impact of any change in the type of financial infonnation and operating data so provided.
Compliance With Prior Undertakine:s
The Authority has previously made continuing disclosure agreements pursuant to SEC Rule ISc2-12.
YEAR 2000 PROBLEM
BEING COMPILED BY BOND COUNSEL
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RESERVED FOR YEAR 2000 LANGUAGE
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FINANCIAL INFORMATION
(As of June 30, 1999)
Contract Revenue Bonds Currently Outstanding . . . .. . . .. .. .. .. . .. .. .. . . .. . . , . . . . .
Less: Bonds maturing on 12/01199 .................................................
Less: Bonds being reftmded .......................................................
Plus: Contract Revenue Reftmding Bonds, Series 1999 ...,.............,..........
Total Bonds Outstanding after Reftmding . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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$8.335,000
255,000
8,080,000
8.080.000
$8.080,000
SPECIAL FUND BALANCES
Debt Service Fund, Reserve Fund & Contingency Fund .....
Capital Recovery Fund ............"..."........,....,.....
Total ................................................,.......
$1,272,673
988.771
$2,261,444
COMPUTATION OF NET REVENUES AVAILABLE FOR DEBT SERVICE
Operating Revenues - User Fees
Interest Billings to Participants
Earnings on Investments
Contribution from Participants
(for Bond Principal Retirement and
Paying agent Fees)
Gross Revenue
Less: Operating Expenses
Available for Debt Service
Principal & Interest Paid During YIE
Coverage of Debt Service
Fiscal Year Ended September 30
(Taken from Authoritv's Annual Financial Reoort)
1998 1997 1996 1995 1994 1993
$767,016 $741,355 $673,721 $651,658 $614,996 $642,729
594,435 609,976 618,201 631,533 641,699 650,112
116,015 115,877 108,341 113,067 98,428 126,883
217.530 212.084 205.919 193.468 183.300 174.887
$1,694,996 $1,679,292 $1,606,182 $1,589,726 $1,538,423 $1,594,611
625 .50 1 628.186 594.380 572.396 610.942 552.952
$1,069,495 $1,051,106 $1,011,802 $1.017,330 $927,481 $1,041,659
$824,013 $822,123 $824.120 $814,865 $814,408 $813,075
1.30X 1.28X 1.23X 1.25X 1.14X 1.28X
TOP TEN WATER CUSTOMERS
The Authority has three customers: the Cities of La Porte, Mogan's Point and Shoreacres. The customers listed below are top
users of the cities. The Port of Houston is a customer of the City of Morgan's Point. All others are customers of the City of La
Porte.
Customer
Pecan Plantation
Port of Houston
Harbor Bay
Vista Baywood
Al1waste
Pecan Villa
PPG
Green Oaks
AKZO Nobel
La Quinta
Type of Business
Mobile Home Park
Containerized Sea Port
Apartments
Apar::lments
Cleaning Service
Mobile Home park
Petrochemical Plant
Apartments
Petrochemical Plant
Motel
WATER RATES
36 1/2 cents per thousand gallons.
10
Consumption
in Gallons
23,210,000
18,888,600
13,662,200
10,536,000
7,774,000
7,171,400
{i,953,000
6,232,500
5,802,400
5,004,500
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ESTlMA TED DEBT SERVICE REOUlREMENT SCHEDULE
Fiscal Year
EDdinS! 9/30
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
$8.080.000 Bonds. Series 1999
Princinal. Interest..
$370,000
385,000
405,000
420,000
445,000
460,000
485,000
505,000
525,000
550,000
580,000
615,000
640,000
670,000
705,000
320,000
$393,750
393,750
386,119
370,306
353,316
335,058
315,373
294,328
271,878
247,865
222,630
196,018
167,623
137,295
105,133
71,233
35,306
8,400
Total
$393,750
393,750
756,119
755,306
758,316
755,058
760,373
754,328
756,878
752,865
747,630
746,018
747,623
752,295
745,133
741,233
740,306
328,400
Average Maturity on Outstanding Debt ......... 10.638 Years
· Excludes Refunding Bonds.
** The average interest rate of 5.00% is used for purpose of illustration.
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LA PORTE AREA WATER AUTHORITY
The Authority was created in 1981 by the 67th Legislature of the State of Texas, Regular Session, as a conservation and
reclamation district for the purpose of acquiring, treating and delivering water to municipalities, water districts and industries
within a 30-mile radius in southeast Harris County, including the City of La Porte and its extraterritorial jurisdiction. The
creation of the Authority was confirmed at an election held within the City of La Porte on January 16, 1982 by a majority of the
votes cast
With the proceeds of its $9,800,000 revenue bonds, sold in 1988, the Authority acquired an oodivided interest in the Southeast
Water Purification Plant (the .Plant") constructed by the City of Houston. The Authority constructed a major water
transmission system to serve its contracting parties, which presently include the Cities of La Porte, Shoreacres and Morgan's
Point The Plant has surface water treatment facilities capable of producing 80 million gallons per day (mgd) and treated water
storage facilities and pumping facilities capable of storing approximately 25 million gallons of potable water and pumping
approximately 156,000 gallon per minute (gpm) of treated potable water. The Authority is entitled to an initial demand factor
of 5.25% (4.2 mgd) and an initial pumping allocation factor of 2.33% (3,650 gpm). Each contracting party's share of such
capacities are as follows:
City of La Porte ................
City of Shoreacres ..............
City of Morgan's Point ...........
90,97%
4,74%
4.29%
Each contracting party is responsible for its share of the Authority's portion of the cost of construction and maintenance and
operation of the plant in the percentages shown above,
The contracts between the Authority and its contracting parties provide for establishment of rates and charges sufficient to meet
the Authority's obligation with respect to operation and maintenance of the project, debt service and reserve fund requirements
on its bonds, billing and payment procedures and minimum monthly charges. The City of La Porte has budgeted $1,390,300
for payment to the Authority for the fiscal year ending September 30, 1998. The payments made to the Authority constitute
operating expenses of the contracting parties' water and sewer systems. The tenn of the contracts is forty years commencing
1988.
SELECTED PROVISIONS OF THE CONTRACT REVENUE BOND RESOLUTION
PLEDGE. The Bonds and any interest payable thereon, are and shall be secured by and payable from a lien on and
pledge of the Pledged Revenues, and the Pledged Revenues are further pledged irrevocably to the establishment and
maintenance of the Funds created by this Resolution. The Bonds are not and will not be secured by or payable from a mortgage
or deed of trust on any real, personal, or mixed properties constituting the System. The registered owner of the Bonds shall
never have the right to demand payment of such obligations out of any funds raised or to be raised by ta....ation. or from any
source whatsoever other than the Pledged Revenues. This Resolution shall not be construed as requiring the Authority to
expend any funds which are derived from sources other than the operation of the System. but nothing herein shall be construed
as preventing the Authority from doing so.
RATES. The Authority covenants and agrees with the holders of the Bonds that it will: (a) subject to any restrictions
in the Water Sales Contracts, fIx and maintain rates and collect charges for the facilities and services afforded by the System
which will provide revenues sufficient at all times (i) to pay all Operating Expenses~ (ii) to establish and maintain the Bond
Fund; and (iii) to pay all indebtedness outstanding against the System, other than the Bonds, as and when the same become
due; and (b) deposit as collected all Gross Revenues into the Revenue Fund.
Creation of Funds. All Revenues shall be kept separate and apart from all other funds of the Authority, and the
following special funds ("Funds") shall be established and maintained in an official depository bank or depository banks of the
Authority so long as any of the Bonds, or interest thereon, are outstanding and unpaid:
(a) La Porte Area Water Authority Revenue Fund (the "Revenue Food");
(b) La Porte Area Water Authority Bond Food (the "Bond Fund"); and
(c) La Porte Area Water Authority Reserve Food (the "Reserve Food");
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Revenue FWld. All Gross Revenues are and shall be credited to e Revenue Fund immediately upon receipt
Payments from the Revenue FWld shall be made with the priorities specified belo
Bond FWld. The Bond FWld is created for the sole purpose of paying e principal of, redemption premium. if any,
and interest on the Bonds, as the same come due. Payments into the Bond Fund I be made in substantially equal monthly
payments (commencing with respect to the Bonds and any additional Bonds on the date of delivery to the initial purchaser
thereof) during each year in which any of the Bonds are outstanding in an aggr ate amoWlt equal to 100% of the amounts
required to meet the interest and principal payments falling due on or before the ext maturity date or mandatory redemption
date of the Bonds. The Authority shall, at least five days prior to March IS, , and each September IS and March IS
thereafter, deposit in the Bond FWld any additional Pledged Revenues available in the Revenue Fund which may be necessary
to pay in full the interest on an principal, if any, coming due on such March 15 or September IS. In no event shall anyamoWlt
in excess of the amounts stated above be retained in the Bond FWld, and any such excess amoWlt may be withdrawn by the
Authority and replaced in the Revenue FWld.
Reserve FWld. The Reserve FWld shall be used to pay the principal of and interest on the Bonds when and to the
extent the amounts in the Bond FWld available for such payment are insufficient for such purpose, and may be used for the
purpose of finally retiring the last of the Bonds, The Reserve FWld presently contains $824,253. Notwithstanding any provision
hereof to the contrary, no deposits shall be made into the Reserve FWld at a time when there is a deficiency in the amoWlt on
deposit in the Bond FWld nor shall any deposits be made into the Reserve FWld at any time it contains an amount equal to or
greater than the Reserve Requirement. If and whenever the balance in the Reserve FWld is reduced below the Reserve
Requirement, the Authority shall, from the first available and unallocated Pledged Revenues of the following month or months,
cause amounts equal in the aggregate to any such deficiency to be set apart and transferred into the Reserve FWld from the
Revenue Fund; provided, however, that in any event the Reserve Requirement shall be restored to the Reserve Requirement
within 24 months of such reduction. If at the end of any fiscal year, surplus funds remain in the Reserve Fund resulting from
any reduction of the Reserve Requirement or otherwise, they shall be promptly transferred from the Reserve FWld into the
Bond Fund and payments into the Bond Fund from the Revenue FWld shall be reduced accordingly,
Deficiencies, If in any month the Authority shall fail to deposit into any FWld provided for by this Resolution the full
amoWlts required, amoWlts equivalent to such deficiencies shall be set apart and paid into said FWlds from the first available
and unallocated Revenues of the following month or months, and such payment shall be in addition to the amounts otherwise
required to be paid into said FWlds during such month or months. To the extent necessary, the authority shall increase the rates
and charges for its services to make up for any such deficiencies.
Sumlus FWlds. Net Revenues in excess of those necessary to establish and maintain the Funds required in this
Resolution may be used for any purpose now or hereafter authorized by law.
Priority of Deoosits and Pavments from Revenue FWld, The Board shall make the deposits and payments from
Pledged Revenues in the Revenue FWld when and as required by the Bonds or any Bonds Resolution or any resolution
authorizing subordinate lien bonds, and, after payment of Operating Expenses, such deposits shall be made in the following
order and with the foll,owing irrevocable priorities, respectively:
First: to the Bond Fund, when and in the amoWlts required by any Bonds Resolution:
Second: to the Reserve FWld, when and in the amoWlts required by any Bond Resolution;
Third: to the payment of principal, interest and reserve fund requirements for any obligations which
hereafter may be issued by the Board that are payable from and secW'ed by a lien on and pledge of
the Pledged Revenues which is subordinate to the liens of the Bonds, when and in the amounts
required by any resolution authorizing the issuance of such subordinate lien obligations; and
Fourth: for any lawful purpose.
ADDmONAL BONDS, In addition to inferior lien bonds pennitted to be issued hereunder, the Autho:rity expressly
reserves the right hereafter to issue Additional Bonds, and the Additional Bonds, when issued, may be secured by and payable
from a lien on and pledge of the Pledged Revenues in the same manner and to the same extent as the outstandi:ng Bonds but
subject to the remaining provisions hereof, and the Bonds and the Additional Bonds may be in all respects of equal dignity. The
Additional Bonds may be issued to provide fWlds for Capital Acquisitions, Capital Additions, and Capital Improvements, and
for any other lawful pwpose. It is provided, however; that no Additional Bonds shall be issued unless such Additional Bonds
are made to mature on March 15 in each of the years in which they are scheduled to mature, and the following req'Uirements are
met
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Conditions Precedent for Issuance of Additional Bonds - General. As a condition precedent to the issuance of any
additional Bonds, the officer of the Authority then having the primary responsibility for the financial affairs of the Board shall
have executed a certificate stating (i) that the Authority is not then in default as to any covenant, obligation, or agreement
contained in any proceeding relating to any obligations of the Authority payable from and secured by a lien on and pledge of the
Pledged Revenues and (ii) all payments into all funds or accounts created and established for the payment and security of all
outstanding obligations payable from and secured by a lien on and pledge of the Pledged Revenues have been made in full and
that the amounts on deposit in such funds or accounts are the amounts then required to be deposited therein. Such certificate
shall be dated as of the date of such Additional Bonds,
Conditions Precedent for Issuance of Additional Bonds - Caoital Acouisitions. Caoital Imorovements. and anv other
lawful oumose excent for Canital Additions or for refundinl!. The Authority covenants and agrees that Additional Bonds will
not be issued for the purpose offmancing Capital Acquisitions, Capital Improvements, or any other lawful purpose (except for
Capital Additions or for refunding, which are to be issued in accordance with the provisions of clauses (c), (d), or (e) of this
Section) unless and lDltil the conditions precedent in the paragraph above have been satisfied and, in addition thereto, the
Authority has secured a certificate or opinion of the Accountant to the effect that, according to the books and records of the
Authority, the Net Earnings for the preceding Year or for 12 consecutive months out of the IS months immediately preceding
the month the order or resolution authorizing the Additional Bonds is adopted are at least equal to the sum of 1.25 times the
Average Annual Principal and Interest Requirements for the outstanding Bonds and for the proposed Additional Bonds. In
making a detenn.ination of the Net Earnings, the Accountant may (i) take into consideration a change in the rates and charges
for services and facilities afforded by the System that became effective at least 60 days prior to the last day of the period for
which Net Earnings are determined and (ii) for purposes of satisfYing the above Net Earnings test, make a pro fonna
determination of the Net Earnings for the period of time covered by this certification or opinion based on such change in rates
and charges being in effect for the entire period covered by the Accountant's certificate or opinion. In addition, the revenues and
expenses of any Capital Acquisition may be added to the net Earnings of the Authority for determinations made under this
section.
Conditions Precedent for Issuance of Additional Bonds - Caoital Additions: Initial Issue. The Authority covenants
and agrees that Additional Bonds will not be issued for the purpose of financing Capital additions, unless the same conditions
precedent specified in clause (a) above have been satisfied and, in addition thereto, the conditions precedent specified in clause
(b) above are satisfied or, in the alternative, the Authority shall have obtained:
(a) from the Engineer of Record a comprehensive report for each Capital Addition to be fmanced, which report shall
(A) contain (I) detailed estimates of the cost of acquiring and constructing the Capital Addition, (2) the estimated
date the acquisition and construction of the Capital Addition will be completed and commercially operative, and (3) a
detailed analysis of the impact of the Capital Addition on the financial operations of the System during the
construction thereof and for at least five Years after the date the Capital Addition becomes commercially operative,
and (B) conclude that (1) the Capital Addition will substantially increase the capacity, or is needed to replace existing
facilities, to meet current and projected demands for the service or product to be provided thereby, and (2) the
estimated cost of providing the service or product from the Capital Addition will be reasonable in comparison with
projected costs for furnishing such service or product from other reasonably available sources; and
(b) a certificate of the Engineer of Record to the effect that based on the report prepared for each Capital Addition,
the projected Net Earnings for each of the five Years subsequent to the date the Capital Addition becomes
commercially operative (as estimated in such report) will be equal to at least 1.25 times the Average Annual Principal
and Interest Requirements for Bonds then outstanding or incurred and all Bonds estimated to be issued, if any, for all
Capital Acquisitions, Capital Improvements, and Capital Additions then in progress or then being initiated during the
period from the date the flI'St series of obligations for the Capital Additions is to be delivered through the fifth Year
subsequent to the date the Capital Addition is estimated to become commercially operative.
The Board covenants that it will adopt on or before the closing date for the proposed Additional Bonds and enforce
any periodic rate increases described in the report of the Engineer of Record; provided, however, if such rate increases are not
actually needed for any Year, the Board may be subsequent resolution delay such increase until it becomes actually necessary to
comply with its covenants in the paragraph captioned "Additional Bonds" of this Resolution.
Conditions Precedent for Issuance of Additional Bonds - CaoitaI Additions: Subseouent Issues. Once the initial
Bonds have been delivered for a Capital Addition, the Authority reserves the right to issue Additional Bonds to fmance the
remaining costs of such Capital Addition in such amounts as may be necessary to complete the acquisition and construction
thereof and make the same commercially operative without satisfaction of any condition precedent under clause (b) or clause
(c) of this Section but subject to satisfaction of the following conditions precedent:
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(a) the Board makes a forecast (the "Forecast") of the operations of the System demonstrating the System's ability to
payoff obligations payable from the Pledged Revenues of the System to be outstanding after the issuance of the
Bonds then being issued for the period (the "Forecast Period") of each ensuing Year through the fifth Year
subsequent to the latest estimated date such Capital Addition is expected to be commercially operative, and
(b) the Engineer of Record reviews the Forecast and executes a certificate to the effect that the Forecast is
reasonable, and that based thereon (and such other factors deemed to be relevant), the Pledged Revenues of the
System will be adequate to pay all the obligations payable from the Pledged Revenues to be outstanding after the
issuance of the Bonds then being issued for the Forecast Period,
Refundin!! Bonds. The Authority reserves the right to issue refunding bonds to refund all or any part of the
outstanding Bonds (pursuant to any law then available), upon such terms and conditions as the Board may seem to be in the
best interest of the Authority and its inhabitants, and if less than all such outstanding Bonds are refunded, the conditions
precedent (for the issuance of Additional Bonds) set forth in clauses (a) and (b) of this Section shall be satisfied and the
Accountant's certificate or opinion required by clause (b) shall give effect to the issuance of the proposed refunding bonds (and
shall not give effect to the obligations being refunded following their cancellation or provision being made for their payment).
No Accountant's certificate otherwise required by clause (b) will be required for refunding bonds, after giving effect to such
proposed refunding, if there is no increase in debt service for any Year before or including any Year in which there will be debt
service on Bonds outstanding both before and after such refunding and any such refunding bond does not have lien a on
Pledged Revenues superior to the obligation which it refunds.
Determination of Average Annual Princioal and Interest Reouirements. With reference to Additional Bonds
anticipated and estimated to be issued or incurred, the Average Annual Principal and Interest Requirements therefor shall be
those reasonably estimated and computed by the officer of the Authority then having the primary responsibility for the financial
affairs of the Authority. In the preparation of the report required in clause (c)(i) above, the Engineer of Record may rely on
other experts or professionals, including those in the employment of the Authority, provided such reports disclose the extent of
such reliance and concludes it is reasonable so to rely, In connection with the issuance of Additional Bonds for Capital
Additions, the certificate of the authority's officer and the Engineer of Record, together 'with the appropriate report for the
initial issue and the Forecast for a subsequent issue, shall be conclusive evidence and the only evidence required to show
compliance with the provisions and requirements of this section.
Combined Issues. Bonds for Capital Additions may be combined in a single issue with Bonds, as the case may be, for
Capital Acquisitions or Capital hnprovements, or for any lawful purpose, provided the conditions precedent set forth in clauses
(b) through (e) are complied with as the same relate to the appropriate purpose.
Reserve Fund. The Authority shall increase the Reserve Fund for such Additional Bonds by (i) providing cash from
the proceeds of sale of the Additional Bonds or any other lawfully available source, (ii) a surety bond in lieu thereof, (iii) a
combination of such cash and surety bond, or (iv) making equal monthly installment payments to the Reserve Fund over the 24
month period following the issuance of such additional Bonds, all as the Authority deems reasonable and appropriate; provided,
however, that (A) the amount of any such cash, the coverage of any surety bond in lieu thereof, the amount of such cash and the
coverage of such surety bond, and the sum of the monthly payments when added together shall at least equal the Reserve
Requirement; (B) any such surety bond provided in lieu of cash shall be issued by an insurance company or association of
companies whose insured obligations are rated by a nationally recognized rating agency in its highest rating categories; and (e)
any such surety bond may be written (or amended) to provide coverage not only for such Additional Bonds but also pro rata for
the Bonds then outstanding, provided, any existing cash or surety fund in lieu thereof which secures any such outstanding
Bonds is extended ratably to secure the Additional Bonds then being issued. It is the Authority's intention hereby to provide
maximum flexibility with respect to the Reserve Fund to be provided for any Additional Bonds which may be issued hereafter
and the foregoing provisions shall be liberally construed in order to achieve that objective without materially prejudicing the
rights and interests of the owners of any Bonds at the time outstanding,
Ooeration of System: No Free Service. It shall continuously and efficiently operate the System and maintain the
System in good condition, repair, and working order, all at reasonable cost. No free service of the System shall be allowed, and
should the Authority, or any of its agencies or instnunentalities, lessees, or concessionaires, make use of the services and
facilities of the System, payment monthly of the standard retail price of the services provided shall be made by the Authority, or
any of its agencies or instrumentalities, lessees, or concessionaires, out of funds from sources other than the revenues of the
System, unless made from surplus Net Revenues.
Further Encumbrance. The rents, revenues, and income of the System have not in any manner been pledged to the
payment of any debt or obligations of the Authority or of the System; and it shall not additionally sell or encumber the Net
Revenues in any manner, except as permitted in the Parity Bonds Resolutions in connection with Additional Bonds, unless said
encumbrance is made junior and subordinate in all respects to the liens, pledges, covenants, and agreement of 1he Prior Lien
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Bonds Resolution and the Parity Bonds Resolutions; but the right of the Authority to issue revenue bonds payable from a
subordinate lien on the surplus Net Revenues in specifically recognized and retained,
Insurance,
(1) The Board shall cause to be insured for such parts of the System as would usually be insured by corporations
operating like properties, with a responsible insurance company or companies, against risks, accidents, or casualties against
which and to the extent insurance is usually carried by corporations operating like properties, including, to the extent
reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods, and use and occupancy
insurance. Public liability and property damage insurance shall also be carried unless legal counsel for the Board gives a
written opinion to the effect that the Authority and the Board are not liable for claims which would be protected by such
insurance. All insurance premiums shall be paid as an Operating Expense. At any time while any contractor engaged in
construction work shall be fully responsible therefor, the Board shall not be required to carry insurance on the work being
constructed if the contractor is required to carry appropriate insurance. All such policies shall be open to the inspection of the
Bondholders and their representatives at all reasonable times. Upon the happening of any loss or damage covered by insurance
from one or more of said causes, the Board shall make due proof of loss and shall do all things necessary or desirable to cause
the insuring companies to make payment in full directly to the Board. The proceeds of insurance covering such property,
together with any other funds necessary and available for such purpose, shall be used forthwith by the Board for repairing the
property damaged or replacing the property destroyed; provided, however, that if said insurance proceeds and other funds are
insufficient for such purpose, then said insurance proceeds pertaining to the System shaIl be deposited in a special and separate
trust fund, at an official depository of the Authority, to be designated the Insurance Account. The Insurance Account shall be
held until such time as other funds become available which, together with the Insurance Account, will be sufficient to make the
repairs or replacement originally required.
(2) The annual audit hereinafter required may contain a section commenting on whether or not the Board has
complied with the requirements of this section with respect to the maintenance of insurance, and shall state whether or not all
insurance premiums upon the insurance policies to which reference is made have been paid.
Records. The Board shall keep proper books of record and account in which full, true, proper, and correct entries will
be made of all dealings, acti vities, and transactions relating to the System, the Pledged Revenues, and the Funds created
pursuant to this Resolution, and all books, documents, and vouchers relating thereto shall at all reasonable times be made
available for inspection upon request of any Bondholder or customer of the Authority, To the extent consistent with the
provisions of tins Resolution, the Board shall keep its books and records in a manner confonning to standard accounting
practices as usually would be followed by private corporations owning and operating a system similar to the System, with
appropriate recognition being given to essential differences between municipal and corporate accounting practices.
Audits. After the close of each fiscal year, an audit will be made of the books and accounts relating to the System and
the Pledged Revenues by an independent certified public accountant or an independent firm of certified public accountants. The
audit shall include a schedule of the deposits made to the various funds created by this Resolution. TIle arumal audit reports
shall be open to the inspection of the Bondholders and their agents and representatives at all reasonable times.
Governmental A2encies. It will comply with all of the terms and conditions of any and all franchises, permits, and
authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental
agency; and the Board has or will obtain and keep in full force and effect ail franchises, permits, authorization, and other
requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation, and maintenance of
the System.
No Comoetition. It will not operate, or grant any franchise or permit for the acquisition, construction, or operation of,
any facilities which would be in competition with the System, and to the extent that it legally may, the Authority will prohibit
any such competing facilities.
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AUDIT REPORT
The infonnation contained on the following pages are excerpts from the
fmancial section of the Authority's Audit Report for the fiscal year ended
September 3D, 1998, as prepared by:
Null"I.ansft- Wh LiE. Pt.T&\I t.. M.~"
, \
Certified Public Accounts
Houston, Texas
This infonnation is not intended to be a complete statement of the
Authority's financial condition. A complete Audit Report is available upon
request to:
Moroney, Beissner & Co" Inc.
Financial Advisors to the Authority
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GENERAL INFORMATION
Location
The Authority comprises approximately 20,600 acres, located in the southeast quadrant of Harris COlmty approximately 2S
miles from downtown Houston. The La Porte Area is bolmded on the North by the Houston Ship Channel. and on the east by
Galveston Bay.
La Porte-Bavshore Area Profile
Located some 20 miles southeast of Houston on Galveston Bay in Harris County are the three communities that make up the La
Pone-Bayshore Area: La Porte, Morgan's Point and Shoreacres. The area has a combined population of approximately 45,000.
Though much of the image of this area is industrial. the La Porte-Bayshore area is still characterized by an expanse of resort
homes. Because of this, and the metropolitan advantages of Houston, La Porte-Bayshore Area is one of the few communities in
the Gulf Coast area that offers this favorable combination.
Harris County
This 1,728.9 square mile COlmly is a leading oil, gas and petrochemical area, having over $275 million average 8IUlual
production of petroleum, naturaI gas and natural gas liquids. It.has more than 3,200 manufacturing plants; the nation's largest
concentration of petrochemical plants, the second largest United States seaport, and is a corporate management center. A
significant part of the COlmly's major employers, manufacturers, education and financial institutions are located in Houston, the
COlmty seat
The Texas Medical Center, located in Harris COlmly, is one of the nation's largest, providing medical care and educational
opporl1mities. Harris COlmly's 64 hospitals have approximately 16,922 beds, of which 4,589 are in the Texas Medical Center.
Harris Counly's General Obligation Bonds are rated "Aa2" by Moody's and "AA+" by S & P's .
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TransDortation
State Highway 225 provides access to the La Porte area on its north side and COIUlects on the west with Interstate 610, a
multi-lane limited access freeway which encircles the City of Houston. State Highway 146, which extends into Northeast
Texas, allows access from the south through the City of La Porte. Air transportation is accessible through Houston's George
Bush Intercontinental and Hobby Airports. The City of La Porte's Municipal AiIport provides private and chartered air
transportation through a fully approved FAA facility. Railway transportation is supplied by six railroads, including the Southern
Pacific Lines. There are several motor freight lines which adequately fill the need for truck transportation. The Houston Ship
Channel, which runs along the northern portion of the La Porte area, provides deep water ocean-going transportation from the
Intracoastal Canal to the Port of Houston. The Port of Houston's Barbour's Cut Terminal, located adjacent to the La Porte area,
handles in excess of three million tons of cargo annually.
Maior Industries
The nation's largest concentration of petrochemical plants border the Authority on its north and south sides.
Air Liquide (Air Plant)
Air Liquide (Alphagaz)
Air Products Mfg. Corp.
Celanese Compo
H2 Purification Facility
Hyco I, IT. & ill
N2 Backup
Syngas
Trans. & Distribution
Akzo Nobel, Inc. (Alkyls)
Akzo Nobel, Inc. (La Porte)
Amoco Chemical (Albemarle)
Arco Chemicals
Areo Pipeline Co.
Aristech Chemical Corp,
Battleground Water Co,
CBSL Transportation
Superior Carriers
Chusei (USA), Inc,
Ciba Geigy Corp.
Dow Chemical U.S.A.
Drago Supply
Dunn Equipment
E.l DuPont
Bayer Corporation
Eurecat U.S., Inc.
F.M.C. Corporation
Fairmont Supply
Fina Oil & Chemicals
Geon Compnay
Goodyear Tire & Rubber Co.
Greif Brothers
Houston Lighting & Power
Laidlaw Environmental
Lubrizol Corporation
Metton America, Inc.
Millenium (formerly Quantum
Chemical (Syngas))
Millenium (formerly Quantum
Chemical (USI))
NOCS Northwest, Inc,
Nippon Pigments U.S.
Noltex L.L.C,
Occidental Electrochemical
Ohmstede Machine Works
Petrolite
Praxair, Inc.
Prime Equipment Co.
Ragsdale Development Corp.
Revak
Rexene Corporation
Rohm & Haas
Solvay Interox, Inc,
Solvay Polymers, Inc.
Southern lonics, Inc, (1986)
Chem Quest, Inc.
Southwest Chern. & Plastic
Texas Electric Company
Tri-Gas, Inc. (Airco)
Tri-Gas, Inc. (Liquid Air)
UCISCO
Witco Chemical
Utilities
The residents located in the area of the Authority are provided electricity, gas and telephone service by Houston Lighting and
Power Company, Entex, Inc. and Southwestern Bell Telephone, respectively, all as part of the City of Houston system. Water
and sewer facilities are provided by the City of La Porte's system.
Financial Institutions
Banking facilities located within the area of the Authority are provided by Bayshore National Bank, Baytown State Bank.
NationsBank and Bank of America.
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Commercial Development
The largest city served by the Authority is the City of La Porte. The residential and commercial areas of the City form the core
of the City, with the Industrial Districts flanking the City on the north and south. The central business district lies east of
Highway 146, which crosses the City from north to south. and contains restaurants, shopping facilities and automobile
dealerships. In addition, there are several attractive shopping centers within the City. Dun &. Bradstreet rates over 310
business establislunents in the City. .
Residential Development
Residential subdivisions within the City are well planned, providing complete utility services and hard surface streets with
curbs and gutters. Homes are currently priced from $65,000 to $500,000 with construction progressing at a moderate rate.
Educational Facilities
The La Porte Independent School District provides excellent school facilities within the Authority. The school district operates
six elementary schools, three junior high schools, one senior high school and one alternative school. The district is fully
accredited by the Texas Education Agency and the Southern Association of Colleges and Schools. All of the school facilities
are fully air-conditioned and centrally heated and are furnished with modem educational equipment.
As of February 1999 the school district had a student emollment of7,385 and a 1998 assessed valuation of $4,423,232,000.
The district's bonds are rated "Aa3" by Moody's and "AA" by S& P's.
Hil!her Educational Facilities
The San Jacinto Junior College District encompasses approximately 289 square miles in southeast Harris County, including the
Cities of La Porte, Shoreacres and Morgans Point, providing the residents of the cities with higher educational facilities. The
College District has three campuses; the Main Campus adjacent to the City of La Porte on its west side; the North Campus
north of the Houston Ship Channel, and the South Campus just southwest of Pasadena within the city limits of the City of
Houston. San Jacinto college otTers two-year educational programs leading to Associate of Arts and Associate of Science
Degrees.
There are five universities located in nearby Houston: the University of Houston, Rice University, Texas Southern University,
St. Thomas University, and Houston Baptist University, all of which offer full four-year as well as postgraduate programs.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: August 9, 1999
Requested By: J. L. Sease j#- Department:
I
Fire
X Report _ Resolution _ Ordinance
Exhibits:
Grant Award Letter from Texas DEM
Proposal from J. Berra Engineering, Inc.
Copy of City of La Porte Service Agreement
SUMMARY & RECOMMENDATION
The City of La Porte Emergency Plan is a very large document designed by the Federal Office of Emergency
Management and Administered by the Texas Department of Emergency Management. The Document is not designed for
every day operations. The City Staff who is responsible for implementing the plan in an emergency would like to have a
streamlined version of the plan. The La Porte LEPC has applied for and received approval of a matching grant to have
this work done.
The City Staff and Members of the La Porte LEPC evaluated presentations from two fmns for developing a plan to
streamline sections of the Emergency Plan. The group selected J. Berra Engineering, Inc. to do the work at a cost of
$18,700.00.
The $18,700.00 would be divided as follows: City = $2740.00, LEPC= $2,660.00, Texas DEM= $13,300.00. The City
share is fifteen percent of the total.
Action Required by Council: Approve the City Manager entering into a contract with J. Berra Enginerring,
Inc. in the amount of $18,700.00 to develop a set of documents to streamline the City Emergency Plan.
~s:
X General Fund Water/Wastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number: 001-5252-521-4070 Funds Available: X YES NO
Approved for City Council A2enda
G~ \,~ ~-lt-i\~
Robert T. Herrera Date
City Manager
GEORGE W. BUSH
Governor
.
DIVISION OF EMERGENCY MANAGEMENT
TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N. Lamar Blvd.
Box 4087
Austin, Texas 78773-0001
Duty Hours 512 424-2138
Non-duty Hours 512 424-2000
Fax 512 424-2444
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DUDLEY M. THOMAS
Director
TOM MILLWEE
Coordinator
February 24,1999
Elaine Bonner
LEPC Chairperson
P.O. Box 846
LaPorte,TX 77572
Dear Elaine Bonner:
I am pleased to inform you that your planning grant proposal to update your response plan,
test your telephone system, and for the community outreach programs has been approved for
an award of $17,640.00. This grant has been awarded based on the LaPorte LEPC
application submitted on September 30, 1998.
The State Emergency Response Commission has determined that this grant award offer is
tendered to your jurisdiction until March 19, 1999. Both copies of the grant contract must
be Signed by your fiscal agent and returned to OEM, no later than 5:00 P.M. on March 19,
1999, or this grant offer will tenninate.
Please have your fiscal agent sign both copies of the agreement and return them to us along
with your County's enabling resolution. We will return one copy upon final execution by the
State. If you have any questions, please call the Training Section Administrator, Clif Maloney
at (512) 424-2195 or the Program Manager, Robert Hooper at (512) 424-5985.
Sincerely,
.~~~
Tom Millwee
State Coordinator
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E FIll COP'Y
NCY MANAGEMENl'
OF PUBLIC SAFETY
5805 N. Lamar Blvd.
Box 4087
Austin, Texas 78773-0001
Duty Hours 512 424-2138
Non-duty Hours 512424-2000
Fax 512 424-2444
DUDLEY M. THOMAS
Director
GEORGE W. BUSH
Governor
TOM MILLWEE
Coordinator
February 24, 1999
Elaine Bonner
LEPC Chairperson
P.O. Box 846
LaPorte, TX 77572
Dear Elaine Bonner:
J am pleased to inform you that your planning grant proposal to update your response plan,
test your telephone system, and for the community outreach programs has been approved for
an award of $17,640.00. This grant has been awarded based on the LaPorte LEPC
application submitted on September 30, 1998.
The State Emergency Response Commission has determined that this grant award offer is
tendered to your jurisdiction until March 19, 1999. Both copies of the grant contract must-
be signed by your fiscal agent and returned to OEM, no later than 5:00 P.M. on March 19,
1999, or this grant offer will terminate.
Please have your fiscal agent sign both copies of the agreement and return them to us along
with your County's enabling resolution. We will return one copy upon final execution by the
State. If you have any questions, please call the Training Section Administrator, Clif Maloney
at (512) 424-2195 or the Program Manager, Robert Hooper at (512) 424-5985.
Sincerely I
'~~l~
Tom Millwee
State Coordinator
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Page 1 of ~ pages
Contract Number
TEXAS DEPARTMENT OF PUBLIC SAFETY
DIVISION OF EMERGENCY MANAGEMENT
5805 North Lamar Blvd.
Austin, Texas 78773-0225
STATE OF TEXAS
COUNTY OF TRAVIS
AGREEMENT FOR
HAZARDOUS MATERIALS EMERGENCY
PREPAREDNESS PLANNING GRANT
PARTIES
THIS AGREEMENT FOR A PLANNING GRANT is made by and between the State of Texas,
acting by and through the Texas Department of Public Safety, Division of Emergency
Management, hereinafter called the "STATE," and the City of LaPorte serving as a fiscal agent
for the Local Emergency Planning Committee (LEPC), hereinafter referred to as the "CITY,"
pursuant to the authority of TEXAS GoVERNMENT CODE ~~ 418.043 and 418.044 and/or ~
791.011.
WITNESSETH
WHEREAS, the STATE has no programmed resources to implement this requirement of federal
law; and
WHEREAS, the STATE will receive funds from the United States Department of Transportation
to accomplish the tasks detailed in this agreement.
AGRggMgNI
NOW, THEREFORE, the STATE and the CITY in consideration of the mutual covenants and
agreements contained herein, do mutually agree as follows:
The CITY agrees to perform Hazardous Materials Emergency Preparedness plans in connection
with the project as stated in the Articles to follow and outlined hereafter, and for having rendered
such services, the STATE agrees to pay to the CITY compensation for these services as set out in
this agreement. All services performed under this agreement shall be performed under the
supervision of the STATE's State Coordinator, Division of Emergency Management (DEM)
represented by the Training Section Administrator.
1. CONTRACT PERIOD
....
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Page 2 of ~ pages
This agreement shall become effective upon the date of final execution by the STATE and shall
be completed by August 15, 1999, unless terminated in a manner defined herein.
2. SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the deliverable(s) listed below as approved by the Local Emergency
Planning Committee (LEPC).
A. Update response plan by developing department specific checklists and operating
procedures.
B. Purchase and distribute business information package.
C. Develop and operate web site.
D. Perform test of "First Call".
E. Wally Wise Guy presentations to area schools.
3. SERVICES TO BE PROVIDED BY THE STATE
The STATE shall provide planning assistance to the CITY in the form of guidance so the CITY
can timely complete the deliverables listed above.
4. COMPENSATION AND METHOD "OF" PAYMENT
A. The maximum amount payable by the STATE under this agreement is seventeen
thousand, six hundred forty dollars ($17,640.00). All payments to the CITY shall be made when
expenses are incurred or paid by the CITY, and a valid receipt for each expense is submitted to
the STATE. The total amount of the grant will be paid upon final receipt of all deliverables.
B. To receive payment of fees, the CITY shall submit an original and four copies to the' :,
STATE of an invoice "Billing Statement," or any other type of invoice form acceptable to the
STATE no later than the 15th day of each month for expenses incurred, to the followiiig address:
_......~
Texas Department of Public Safety
Training Section
Division of Emergency Management
Post Office Box 4087
Austin, Texas 78773-0225
C. The STATE shall make payment to the CITY within thirty (30) days from receipt of the
CITY's invoice of costs, provided the request for payment is properly prepared, executed, and
documented.
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Page 3 of k pages
D. A hard or soft match of 20% of the total project amount is required by the CITY
amounting to at least four thousand, four hundred ten dollars ($4,410.00). The total project
amount of twenty-two thousand, fifty dollars ($22,050.00) is the sum of any grant and the hard
or soft match. Soft match may include any of the following expenses that are reasonable,
allowable and allocable to the project.
1. Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any
person other than a government employee while attending training classes or
involved in program activities.
2. Private contributions such as corporate contributions of facilities or services such
as free classroom space.
3. Voluntary contributions such as firefighter support, emergency personnel support,
and the time of any LEPC member.
4. Equipment or facilities used for exercises, whether public or private.
5. Facility space necessary to conduct activities for the grant program.
6. University students volunteering time to aid in collection of data.
E. The CITY agrees to spend the average of the CITY's Local Emergency Planning
Committee expenditure for planning activities for the past two years, or twenty-one thousand,
one hundred dollars ($21;100.00), in addition to the CITY's twenty percent (20%) cost match for
this grant.
5. PROGRESS
A. The CITY shall not begin the wo'rk outlined herein until final execution of this agreement
by the STATE.
,
" .
B. - The CITY shall, from time to time during progress of the work definedl'rerein, confer
with the STATE. The CITY shall prepare and present sucn'information and data as may be
pertinent and necessary or as may be requested by the STATE in order to evaluate the progress
of the work to be performed by the CITY. At a minimum, the CITY shall maintain monthly
contact with the Program Manager and shall provide written summaries as requested by the
Program Manager.
C. The CITY shall furnish all equipment, materials and supplies required to perform the
services provided for under this agreement.
D. A quarterly report will be submitted to the STATE by the CITY no later than the last
work day in each calendar quarter (March and June) 1999.
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Page 4 of k.. pages
E. A final summary report and final billing with invoices and check numbers will be
submitted to the STATE by the CITY no later than August 15, 1999.
6. TERMINATION
A. This agreement may be terminated by any of the following conditions:
1. By mutual agreement and consent of both parties.
2. By the STATE upon written notice to the CITY as consequence of the CITY's
failure to perform the services herein in a satisfactory manner and within the
limits provided, with proper allowances being made for circumstances beyond the
control of the CITY as determined in good faith and reasonable business
judgment by the STATE.
3. By the STATE for reasons of its own and not subject to the mutual consent of the
CITY upon not less than ten (10) days written notice to the CITY.
4. By satisfactory completion of all services and obligations described herein.
B. Should the STATE terminate this agreement as herein provided, no fees other than fees
due and payable at the time of termination shall thereafter be paid to the CITY. Payment for the
work at the time of termination shall be based upon work completed at that time.
c: ". . The termination of this agreement and payment of any amount in the settlement as
prescribed herein shall extinguish all rights, duties, obligations and liabilities of the STATE and
the CITY under this agreement.
7. DISPUTES
The CITY shall be responsible for the settlement of all contractual and administrative issues
arising out of procurement made by the CITY in support of this grant program. Any disputes
concerning the work or obligations defined herein or additional costs, or any non-procurement
issues shall be settled at the sole discretion of the Department of Public Safety.
8. INDEMNIFICATION
To the extent authorized by the Constitution and Laws of the State of Texas the CITY shall
indemnify and hold harmless the STATE, its officers and employees from all third party claims
for injury to, or death of, persons and damage to, or loss of, physical property directly due to
activities of itself, its agents, contractors, officers or employees, performed under thi~ agreement
and which result from the negligence or willful misconduct of the CITY or of any person
employee by the CITY. The CITY shall also indemnify and hold harmless the STATE, its
officers and employees from any and all expenses, including attorney fees which might be
incurred by the STATE, its officers and employees as a result of such activities by the CITY, its
agents, contractors, officers and employees.
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9. COMPLIANCE WITH LAWS
The CITY shall comply with all federal, state and local laws, statutes, ordinances, rules,
regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any
manner affecting the performance of this ~greement.
10. ASSURANCES
The CITY assures that no person shall, on the grounds of race, creed, color, handicap, national
origin, gender, political affiliation or beliefs, be excluded from, be denied benefit of, or be
subject to discrimination under any program or activity funded in whole or in part under this
agreement. Incorporated by reference the same as if specifically written herein are rules,
regulations, and all other requirements imposed by law, including but not limited to compliance
with those pertinent rules and regulations of the State of Texas and those of United States
agencies providing funds to the State of Texas.
11. AUDIT REQUlREMENTS
The CITY hereby agrees to comply with the requirements specified in the Single Audit Act
Amendments of 1996, Public Law 104-156, as applicable.
12. SIGNATORY AUTHORITY
The undersigned signatory for CITY hereby represents and warrants that he/she is an officer of
the organization for which he/she has executed this agreement, and that he/she has full and
complete authority to enter into this agreement on behalf of the CITY.
IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed in
duplicate effective the date of the last signature to this agreement.
CITY
DEPARTMENT OF PUBLIC SAFETY
I
~
/,' ~#- 7?t (~"'"
No an Malone'
"'---- ~
Mayor, City of LaPorte
~~5
Tom Haas'
Chief, Accounting and Budget Control
......
Date:
.3 .~:t..c:r~
Date:
c- ZS"- 99
APPROVAL RECOMMENDED
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.~At-~
Page 6 of ~ pages
Tom Millwee
State Coordinator
Division of Emergency Management
Date: 2...1 L t- / '1t
,
.',
...-
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FILE COpy
Page 1 of .itL pages
Contract Number
TEXAS DEP AR'ThffiNT OF PUBLIC SAFETY
DMSION OF EMERGENCY MANAGEMENT
5805 North Lamar Blvd.
Austin, Texas 78773-0225
STATE OF TEXAS
COUNTY OF TRAVIS
AGREEMENT FOR
HAZARDOUS MATERIALS EMERGENCY
PREP AREDNESS PLANNING GRANT
PARTIES
TillS AGREE.MENT FOR A PLANNING GRANT is made by and between the State of Texas,
acting by and through the Texas Department of Public Safety, Division of Emergency
Management, hereinafter called the "STATE," and the City of LaPorte serving as a fiscal agent
for the Local Emergency Planning Committee (LEPC), hereinafter referred to as the "CITY,"
pursuant to the authority of TEXAS GoVERNMENT CODE ~~ 418.043 and 418.044 and/or ~
791.011.
WITNESSETH.
WHEREAS, the STATE has no programmed resources to implement this requirement of federal
law; and
WHEREAS, the STATE will receive funds from the United State"s Department of Transportation
to accomplish the tasks detailed in this agreement.
'.
AGR~~M~NI
NOW, THEREFORE, the STATE and the CITY in consideration of the mutual covenants and
agreements contained herein, do mutually agree as follows:
The CITY agrees to perform Hazardous Materials Emergency Preparedness plans in connection
with the project as stated in the Articles to follow and outlined hereafter, and for having rendered
such services, the STATE agrees to pay to the CITY compensation for these services as set out in
this agreement. All services performed under this agreement shall be performed under the
supervision of the STATE's State Coordinator, Division of Emergency Management (OEM)
represented by the Training Section Administrator.
1. CONTRACT PERIOD
'.
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Page 2 of ../,p. pages
This agreement shall become effective upon the date of final execution by the STATE and shall
be completed by August 15, 1999, unless terminated in a manner defined herein.
2. SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the deliverable(s) listed below as approved by the Local Emergency
Planning Committee (LEPC).
A. Update response plan by developing department specific checklists and operating
procedures.
B. Purchase and dis~~bute business information package.
C. Develop and operate web site.
D, Perform test of "First Call".
E. Wally Wise Guy presentations to area schools.
3. SERVICES TO BE PROVIDED BY THE STATE
The STATE shall provide planning assistance to the CITY in the form of guidance so the CITY
can timely complete the deliverables listed above.
4. COMPENSATION AND METHOD OF PAYMENT
A. The maximum amount payable by the STATE under this agreement is seventeen
thousand, six hundred forty dollars ($17,640.00). All payments to the CITY shall be made when
expenses are incurred or paid by the CITY, and a valid receipt for each expense is submitted to
the STATE. The total amount of the grant will be paid upon final receipt of all deliverables.
.B. To receive payment of fees, the CITY shall submit an original and four copies to the
STATE of an invoice "Bil'ing Statement," or any other type of invoice form acceptable to the
STATE no later than the 15th day of each month for expenses incurred, to the following address:
Texas Department of Public Safety
Training Section
Division of Emergency Management
Post Office Box 4087
Austin, Texas 78773-0225
C. The STATE shall make payment to the CITY within thirty (30) days from receipt of the
CITY's invoice of costs, provided the request for payment is properly prepared, executed, and
documented.
......
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D. A hard or soft match of 20% of the total project amount is required by the CITY
amounting to at least four thousand, four hundred ten dollars ($4,410.00). The total project
amount of twenty-two thousand, fifty dollars ($22,050.00) is the sum of any grant and the hard
or soft match. Soft match may include any of the following expenses that are reasonable,
allowable and allocable to the project.
1. Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any
person other than a government employee while attending training classes or
involved in program activities.
2. Private contributions such as corporate contributions of facilities or services such
as free classroom space.
3 . Voluntary contributions such as firefighter support, emergency personnel support,
and the time of any LEPC member.
4. Equipment or facilities used for exercises, whether public or private.
5. Facility space necessary to conduct activities for the grant program.
6. University students volunteering time to aid in collection of data.
E. The CITY agrees to spend the average of the CITY's Local Emergency Planning _
Committee expenditure for planning activities for the past two years, or twenty-one thousand,
one hundred dollars ($21,100.00), in addition to the CITY's twenty percent (20%) cost match for
this grant.
5. PROGRESS
A. The CITY shall not begin the work outlined herein until final execution of this agreement
by the STATE.
B. The CITY shall, from time to time "dbriOg progress of the work defined herein, confer
with the STATE. The CITY shall prepare and present such information and data as may be
pertinent and necessary or as may be requested by the STATE in order to evaluate the progress
of the work to be performed by the CITY. At a minimum, the CITY shall maintain monthly
contact with the Program Manager and shall provide written summaries as requested by the
Program Manager.
C. The CITY shall furnish all equipment, materials and supplies required to perform the
services provided for under this agreement.
D. A quarterly report will be submitted to the STATE by the CITY no later than the last
work day in each calendar quarter (March and June) 1999.
..........
'.
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0.....
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Page 4 of _ pages
E. A final summary report and final billing with invoices and check numbers will be
submitted to the STATE by the CITY no later than August 15, 1999.
6. TERMINATION
A. This agreement may be terminated by any of the following conditions:
1. By mutual agreement and consent of both parties.
2. By the STATE upon written notice to the CITY as consequence of the CITY's
failure to perform the services herein in a satisfactory manner and within the
limits provided, with proper allowances being made for circumstances beyond the
control of the CITY as determined in good faith and reasonable business
judgment by the STATE.
3. By the STATE for reasons of its own and not subject to the mutual consent of the
CITY upon not less than ten (10) days written notice to the CITY.
4. By satisfactory completion of all services and obligations described herein.
B. Should the STATE terminate this agreement as herein provided, no fees other than fees
due and payable at the time of termination shall thereafter be paid to the CITY. Payment for the
work at the time of termination shall be based upon work completed at that time.
C. The termination'of this agreement and payment of any -amount. in the settlement as
prescribed herein shall extinguish all rights, duties, obligations and liabilities of the STATE and
the CITY under this agreement.
7. DISPUTES
The CITY shall be responsible for the settlement of all contractual and administrative issues
arising out of procurement made by the CITY in support of this grant program. Any disputes
concerning the work or obligations defined herein or additional costs, or any non-procurement
issues shall be settled at the sole discretion of the Department of Public Safety.
8. INDEMNIFICATION
To the. extent authorized by the Constitution and Laws of the State of Texas the GITY shall
indemnify and hold harmless the STATE, its officers and employees from all third party claims
for injury to, or death of, persons and damage to, or loss of, physical property directly due to
activities of itself, its agents, contractors, officers or employees, performed under this agreement
and which result from the negligence or willful misconduct of the CITY or of any person
employee by the CITY. The CITY shall also indemnify and hold harmless the STATE, its
officers and employees from any and all expenses, including attorney fees which might be
incurred by the STATE, its officers and employees as a result of such activities by the CITY, its
'agents, contractors,. officers and employees.
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9. COMPLIANCE WITH LAWS
The CITY shall comply with all federal, state and local laws, statutes, ordinances, rules,
regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any
manner affecting the performance of this agreement.
10. ASSURANCES
The CITY assures that no person shall, on the grounds of race, creed, color, handicap, national
origin, gender, political affiliation or beliefs, be excluded from, be denied benefit of, or be
subject to discrimination under any program or activity funded in whole or in part under this
agreement. Incorporated by reference the same as if specifically written herein are rules,
regulations, and all other requirements imposed by law, including but not limited to compliance
with those pertinent rules and regulations of the State of Texas and those of United States
agencies providing funds to the State of Texas. .
11. AUDIT REQUIREMENTS
The CITY hereby agrees to comply with the requirements specified in the Single Audit Act
Amendments of 1996, Public Law 104-156, as applicable.
12. SIGNATORY AUTHORITY
The undersigned signatory for CITY hereby represents and warrants that he/she is an officer of
the organization for which he/she has executed this agreement, and that he/she has full and
complete authority to enter into this agreement on behalf of the CITY.
IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed in
duplicate effective the date"ofthe last signature to this agreement.
"
CITY
DEPARTMENT OF PUBLIC SAFETY
~#<?ftrv-/
o'nnan Malone
Mayor, City of LaPorte
Date:
,3.'-.:l.qq
Tom Haas
Chief, AC'counting and Budget Control
Date: c-2;J-77'
APPROVAL RECOMMENDED
.....
. ....
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Page 6 of ~ pages
Tom Millwee
State Coordinator
Division of Emergency Management
Date:
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J. BERRA ENGINEERING, INC.
GRAPHIC CRISIS MANAGEMENT PLANS
""~'t<~'.~_':'.~~.:..~r::-"!.":"'~~..:~"~.~-T::':"""'_~~~:",~t"~:.~~;,:,:""!:,:~:,,"",:~,--!:~~~'~.J:':~_?_~.~-.""q~
April 19, 1999 J. BERRA ENGINEERING, INC.
HOUSTON, TX (281) 447-8300
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J. BERRA ENGINEERING, INC.
Graphic Crisis Management Plans
333 North Sam Houston Parkway East - Suite 230
Houston, Texas 77060
(281) 447-8300 Phone
(281) 447-8088 Fax
April 19, 1999
La Porte L.E.P.C.
cia Akzo Nobel Chemicals Inc.
13000 Bay Park Road
Pasadena, TX 77507
Attention: Mr. Ronald E. Smith
Safety & Training Supervisor
Subiect: PROPOSAL for Flow Chart
"Basic Emergency Plan" and "Annex Q"
Ref: mE Proposal #P-1840 199
Transmittal #2
Dear Ron:
By this letter, J. Berra Engineering, Inc. (mE) wishes to offer a Proposal to La Porte
L.E.P.C. for the following six (6) Work Items.
The price for each item has been detailed separately so that anyone or any combination of the
six work items can be authorized by La Porte L.E.P.C. depending on budget constraints. For
example, you could select Work Items #1, 2, 5, & 6 and postpone Work Items #3 & 4 until
later.
Page 4-1 of this Proposal swnmarizes all the Work Items and associated costs on one page.
Three of the Work Items are for the "Basic Emergency Plan".
. Wall Chart, large sheet format
. Notebook fonnat 8-1/2" xii"
. Digest (Glove compartment) format, 5-112" x 8-112"
Work Item #1
Work Item #3
Work Item #5
The other three Work Items are for "Annex Q, Hazardous Materials Plan".
. Wall Chart, large sheet format
. Notebook fonnat 8-1/2" x 11"
. Digest (Glove compartment) fonnat, 5-112" x 8-112"
Work Item #2
Work Item #4
Work Item #6
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Page 2
mE has developed and patented a unique computerized, color, graphic flow-chart technique
for visually presenting simplified checklists, procedures, instructions, and responses useful in
planning, training, actual crises, and regulatory audits.
The color graphic presentation greatly simplifies understanding and usage of crisis plans for all
levels of personneL
mE is a sole source for color, graphic, flow-chart crisis planning.
We look forward enthusiastically to the opportunity of performing this work for La Porte LEPC.
Thank you for your consideration of this Proposal.
Very truly yours,
J. BERRA ENGINEERING, INC.
2 copies
~h-, t -
~ John Berra, PE
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TABLE OF CONTENTS
CD TRANSMITTAL
CD TABLE OF CONTENTS
0 SCOPE OF WORK
CD TERMSOFRE~URSEMENT
CD SAMPLES
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CD
OVERVIEW
m
SCOPE OF WORK
This Section describes six (6) "Work Items" for the Scope of Work.
A. Wall Chart. larl!e sheet Master Dial!ram format
. WORK ITEM 1
Basic Emergency Plan
. WORKKTEM2
Annex Q, Hazardous Materials Plan
B. Notebook format. 8-1/2" x 11 "
. WORK ITEM 3
Basic Emergency Plan
. WORK ITEM 4
Annex Q, Hazardous Materials Plan
C. Dil!est (Glove Compartment) format. 5-1/2" x 8-1/2"
. WORK ITEM 5
Basic Emergency Plan
. WORK ITEM 6
Annex Q, Hazardous Materials Plan
Page 3-1
WORK ITEM 1
Basic Emergency Plan
. Work Item 1 - Prepare one (1) Master Diagram in wall chart large-sheet format
showing the organizational responsibilities. (Not the entire Emergency
Plan)
a) JBE would prepare one (1) color, large-size Master Diagram sheet, 4.5' long x 3.5'
tall, that would show the responsibilities ofall responders in the La Porte L.E.P.C.
"Basic Emergency Plan" .
b) The final product delivered to the La Porte L.E.P.C. would be one (1) finalized
Master Diagram in color, laminated Flow Chart format.
c) The Lump Sum cost would be $ 3,750.
1) Personnel Charges
2) Expense Charges
Total Lump Sum
$3,250
$ 500
$3,750
d) Extra Costs for "Additional Copies" are as follows
n Color Plot (Wall Charts)
a) Large color paper plots $ 9.00/sq. It.
Example: 3.5' x 4.5' = 16 sq. ft. @ $9.00/sq. ft. = $144/plot
2) Color Plot & Laminate
a) Laminate 5 mils glossy on front side
and 10 mils glossy on back side of
color paper plots $ 7.00/sq. It.
Example:
3.5' x 4.5' = 16 sq. ft. @ S9.OOIsq. ft. to plot = $ 144/plot
3.5' x 4.5' = 16 sa. ft. @ $7.00lsa. ft. to laminate = $ 112/each
Total Cost = $256Man chart
"Lump Sum" cost is $3,750
plus cost of any additional copies requested beyond one delivered.
Page 3-2
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WORK ITEM 2
Annex Q - Hazardous Materials
. Wark Item 2 - Prepare one (1) Master Diagram in wall chart large-sheet format
showing the organizational responsibilities. (Not the entire Emergency
Plan)
a) JBE would prepare one (1) color, large-size Master Diagram sheet, 4.5' long x 3.5'
taU, that would show the responsibilities ofall responders in the La Porte L.E.P.C.
"Annex Q Hazardous Materials Plan".
b) The final product delivered to the La Porte L.E.P.C. would be one (1) finalized
Master Diagram in color, laminated Flow Chart format.
c) The Lump Sum cost would be $ 3,750.
I) Personnel Charges
2) Expense Charges
Total Lump Sum
$3,250
$ 500
$3,750
d) Extra Costs for "Additional Copies" are as follows
1) Color PloHWall Charts)
a) Large color paper plots $ 9.00/sq. ft.
Example: 3.5' x 4.5' = 16 sq. ft. @ $9.00/sq. ft. = $144/plot
2) Color Plot & Laminate
a) Laminate S mils glossy on front side
. and 10 mils glossy on back side of
color paper plots $ 7.00/sq. ft.
Example:
3.5' x 4.5' = 16 sq. ft. @ $9.00/sq. ft. to plot = $ 144/plot
3.5' x 4.5' = 16 sQ. ft. (Q) '7.00/sQ. ft. to laminate = , 1121each
Total Cost = $25611Nsn chart
"Lump Sum" cost is $3,750
plus cost of any additional copies requested beyond one delivered.
Page 3-3
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WORK ITEM 3
Basic Emergency Plan
· Work Item 3 - Prepare the "Basic Emergency Plan" in flow-chart, color 8-1/2" xII"
Notebook Format.
a) mE would prepare the "Basic Emergency Plan" in color, on fifty (50) pages in
Flow Chart format.
b) The final product delivered to the La Porte L.E.P.C. would be twenty (20)
finalized, color-coded, 3-ring notebook binders with color tabs.
c) The Lump Sum cost would be $ 9,500.
I) Personnel Charges
2) Expense Charges
Total Lump Sum
$7,500
$2.000
$9,500
d) The cost for any additional notebooks would be at the following Unit Costs:
I) Color laser prints (70# heavy DaDer)
a) 8-112" x II" sheet - single sided printing (I page)
b) 8-1/2" x II" sheet - double sided printing (2 pages)
$ t.20/sheet
$ 2.40/sheet
2) 3-Rine: Binder Covers
a) I" red w/clear plastic overlay
b) 1-1/2" red w/clear plastic overlay
c) 2" red w/clear plastic overlay
$ 8.00/each
$ to.OO/each
$ t4.00/each
3) Tabs For 3-Rine Binder
l\) SO.85/tab
$ O.85/tab
Example Calculation for any additional
a) Assume that the final.Plan" contains 50 pages
(25 sheets of double-sided color) in 8 1" Notebook
with 10 tabs.
1) 25 double-sided sheets x $ 2.40/sheet =
2) 1" notebook binder =
3) 10 tabs x SO.851fab =
Example Total per Notebook
S 60.00
$ 8.00
S 8.50
$ 76.50
"Lump Sum" cost is $9,500
plus cost of any additional notebooks requested beyond 20 delivered.
Page 3-4
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WORK ITEM 4
Annex Q - Hazardous Materials
. Work Item 4 - Prepare the "Annex Q - Hazardous Materials Plan" in flow-chart, color
8-112" x 11" Notebook Format.
a) JBE would prepare the "Annex Q Plan" in color, on sixty (60) pages in Flow Chart
format.
b) The final product delivered to the La Porte L.E.P.C. would be twenty (20)
finalized, color-coded, 3-ring notebook binders with color tabs.
c) The Lump Sum cost would be $ 10,200.
1) Personnel Charges $8,100
2) Expense Charges $2.000
Total Lump Sum $10,200
d) The cost for any additional notebooks would be at the following Unit Costs:
1) Color laser prints (70# heavY DaDer)
a) 8-112" x 11" sheet - single sided printing (1 page)
b) 8-112" x 11" sheet - double sided printing (2 pages)
51.20/sheet
5 2.40/sheet
2) 3-Ring Binder Covers .
a) 1" red w/clear plastic overlay
b) 1-112" red w/clear plastic overlay
c) 2" red w/clear plastic overlay
5 8.00/each
$ lO.OO/each
5 14.00/each
3) Tabs For 3-Ring Binder
lJ) SO.8S/tab
$ O.85/tab
Example Calculation for any additional
a) Assume that the final"Plan" contains 60 pages
(30 sheets of double-sided color) in a 1" Notebook
with 10 tabs.
1) 30 double-sided sheets x $ 2.401sheet =
2) 1" notebook binder =
3' 10 tabs x SO. 8511ab =
Example Total per Notebook
$ 72.00
$ 8.00
S 8.50
$ 88.50
"Lump Sum" cost is $10,200
p~us cost of any additional notebooks requested beyond 20 delivered.
Page 3-5
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WORK ITEM 5
Basic Emergency Plan
. Work Item 5 - Prepare the "Basic Emergency Plan" in flow-chart, color
5-1/2" x 8-1/2" Digest (Glove Compartment) Format.
a) mE would prepare the "Basic Emergency Plan" in color, on eighty-eight (88)
Digest pages in Flow Chart format.
b) The final product delivered to the La Porte L.E.P.C. would be twenty (20)
finalized, color-coded, Digests bound with white metal Wlre-O-Binding.
c) The Lump Sum cost would be S 10,300.
1) Personnel Charges $8,300
2) Expense Charges $2.000
Total Lump Sum $10,300
d) The cost for any additional notebooks would be at the following Unit Costs:
1) Color laser prints (70# heavy paper)
a) 5-112" x 8-112" sheet - single sided printing (2 pages)
b) 5-112" x 8-112" sheet - double sided printing (4 pages)
$ l.lO/sheet
$ l.40/sheet
Example Calculation for any additional
a) Assume that the fina/.Plan" contains 88 pages
1) 88 pages /4 pages per sheet x $ 2.401sheet = $ 52.80
2) Bindino = S 2.20
Example Total per Digest $ 55.00
"Lump Sum" cost is 510,300
plus cost of any additional Digests requested beyond 20 delivered.
Page 3-6
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WORK ITEM 6
Annex Q - Hazardous Materials
. Work Item 6 - Prepare the "Annex Q Plan" in flow-chart, color
5-112" x 8-1/2" Digest (Glove Compartment) Format.
a) JBE would prepare the "Basic Emergency Plan" in color, on one hundred (100)
Digest pages in Flow Chart fonnat.
b) The final product delivered to the La Porte L.E.P.C. would be twenty (20)
finalized, color-coded, Digests bound with white metal Wire-O-Binding.
c) The Lump Sum cost would be $ 11,200.
1) Personnel Charges $8,950
2) Expense Charges $2.250
Total Lump Sum $11,200
d) The cost for any additional notebooks would be at the following Unit Costs:
1) . Color laser prints (70# heavy paper)
a) 5-112" x 8-112" sheet - single sided printing (2 pages) $ t.lO/sheet
b) 5-112" x 8-112" sheet - double sided printing (4 pages) $ 2.40/sheet
Example Calculation for any add/tJonal
a) Assume that the final "Plan" contains 100 pages
1) 100 pages /4 pages per sheet x $ 2.4O/sheet = $ 60.00
2) Bindina = S 2.20
Example Total per Digest $ 62.20
"Lump Sum" cost is 511,200
plus cost of any additional Digests requested beyond 20 delivered.
Page 3-7
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2. Duration - The target completion date for any combination of the Work Items
authorized by La Porte L.E.P .C. would be September 1999, or sooner.
3. Payment Schedule - Two (2) equal payments would be made to JBE, as follows:
1. Payment #1
One-half (112) paid to JBE immediately upon
issuance ofP. O.
2. Payment #2
Final one-half(1/2) paid to JBE within 10 calendar days
of receipt of invoice after delivery of the final products.
4. Address Information and Tax ID
1. Berra Engineering, Inc.
333 North Sam Houston Parkway East, Suite #230
Houston, TX 77060
Phone:
Fax:
(281) 447-8300
(281) 447-8088
Federal Tax ID No. for Corporation: 74-2103115
5. Disposition of Computer Disks
a) JBE will provide as many hard copies (wall charts, notebooks, Digests, etc.) as
La Porte L.E.P.C. desires.
b) Since JBE has a P~tent on the Flow Chart Technique, please note that the
computer-generated files will remain in the possession of JBE.
Page 4-2
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AGREEMENT FOR SERVICES
This agreement entered into as of theq~ day of ~5f . 1999
A.D."by and between 1. Berra Engineering, Inc. hereinafter referred to as the "Consultant", and
the City of La Porte, Texas, hereinafter referred to as the "Client".
WITNESSETH
WHEREAS, the Client has requested various services of the Consultant with
respect to the development and delivery of Flow Chart Diagrams of the Client's Emergency Plan
(hereinafter referred to as the Project).
NOW, THEREFORE, Client and Consultant hereby agrees as follows:
1. Engagement of Consultant - Consultant hereby agrees to perform the
services required under the scope of services related to the Project, and to
provide Client with the requested "Work Items 1, 2, and 6" as set out in
the Consultant's proposal, hereinafter referred to as Attachment "An and
made a part of this contract. Consultant agrees to initiate services upon
receipt of an executed copy of this agreement.
2. Availability ofInformation - Client agrees to provide Consultant with all
available information pertinent to the Project. Consultant agrees to return
all original documents to Client upon completion of the Project, but
reserves the right to make and keep reproducible copies of all such
material. Computer generated files will remain in the possession of 1.
Berra Engineering, Inc.
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3. Access to Facilities - Client will provide access for the Consultant to enter
the property and facilities of Client, as necessary for Consultant to perform
services as required under the Project.
4. Instruments of Service - All documents prepared in accordance with this
contract including exhibits, field notes, and original drawings are the
property of the Client. The Consultant may retain copies or reproducibles
of any information prepared for this project. Consultant retains ownership
of the computer-generated files which pertain to the Project.
5. Determination of Fees - The fees for the scope of services as stated in
Attachment "A" provided by Consultant under this agreement will be
based on a Lump Sum Amount of$18,700.00.
6. Payment and Fee Schedule - Two (2) equal payments would be made to
the Consultant, as follows: Payment One would be made immediately
.upon issuance of Purchase Order. Payment Two would be made within 10
calendar days of receipt of invoice after delivery of the final product.
7. Additional Services - Additional services beyond those described in the
scope of services would be invoiced on a new purchase order at the fees
outlined in Attachment" A".
8. Termination - The Client may terminate this contract at any time by
giving seven (7) days' notice in writing to the Consultant. In that case all
finished or unfinished documents and other materials produced under this
contract shall become the Client's property. If the contract is terminated
by the Client in accordance with this provision, Consultant shall be paid
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for all services performed to the date of termination. Consultant may
terminate this contract upon seven (7) days' written notice in the event of
substantial failure by the Client to perform in accordance with the terms
hereof through no fault of the Consultant.
9. Governing Law - This agreement shall be deemed to have been made
under, and shall be construed and interpreted in accordance with the laws
of the State of Texas. The venue of any suit for enforcement or
construction of this contract shall be in Harris County, Texas.
ENTERED INTO AND AGREED by the parties hereto as the day and year first written.
J. BERRA ENGINEERING, INC.
Consultant
~~-'
n Berra, P .E.
resident
\ '* -
CITY OF LA PORTE, TEXAS
Client
BY:~~ T. \~~
ATTEST:
~a. J41lliv
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: August 9,1999
Requested By: Doug Kneupp~ Department: Planning
Report --O:::tion XXX Ordinance
Exhibits:
Ordinance
Agreement Between Owner and Engineer
Summaty &:: Recommendation
At the May 17, 1999 Council workshop meeting, direction was given to staff to proceed with the
design and construction of Caniff Road. The agreed-upon criteria for the road design is concrete
with curb and gutter and underground storm sewer.
Staff has requested that ESOR Consulting Engineers, Inc., Fred Thompson, President, submit
a Proposal to provide engineering services for the final design, and construction documents
for the improvements to Caniff Road. The proposed fee for this project is on a time and
materials basis, not to exceed $25,933 that includes the Engineer's basic services, reimbursable
expenses, and surveying. Esor's proposal stipulates 65 calendar days to complete design work
and be ready to bid.
The General Capital Improvement Fund (015) contains $270,000 for the paving of Caniff
Road. Design services and construction costs are estimated to be $300,000. It is
recommended that at the time of construction, the funding difference come from the Fund
015 available fund balance.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute an agreement with
ESOR Consulting Engineers, Inc. for engineering services related to Caniff Road.
Additionally, allocate budgeted funds of $30,000 from the Fund 015 available fund balance for
the completion of this project.
Availability of Funds:
General Fund
XX Capital Improvement
Other
Water /W astewater
General Revenue Sharing
Account Number: 015-9892-768
Funds Available: XX Yes
No
Approved for City Council Agenda
~oW T. ~
Robert T. Herrera
City Manager
~"1>-'\~
Date
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ORDINANCE NO. 99-~3S"1
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF LA PORTE AND ESOR CONSULTING
ENGINEERS, INC., TO PROVIDE PROFESSIONAL ENGINEERING
SERVICES FOR FINAL DESIGN AND CONSTRUCTION CONTRACT
DOCUMENTS FOR IMPROVEMENTS TO CANIFF ROAD;
APPROPRIATING NOT TO EXCEED $25,933.00 TO FUND SAID
CONTRACT; MAKING 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. The City Council appropriates the sum not to
exceed $25,933.00 from General Capital Improvement Fund 015 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
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ORDINANCE NO. 99-J.35'1
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 9th day of August, 1999.
By:
A'ITEST:
~ /I J 1--1/\" .(4 A.lJi;d'
rVtarlhaG~ft
City Secretary
APPROVED: d
!/~/z;J~~
Knox W. Askins,
City Attorney
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AGREEMENT FOR SERVICES
This Agreement entered into as of the 9th day of August, 1999 A.D., by and
between the City of La Porte, Texas, hereinafter referred to as the "Owner", and ESOR
Consulting Engineers, Inc., hereinafter referred to as the "Engineer".
WITNESSETH
WHEREAS, the Owner has requested various services of the Engineer with
respect to engineering design and preparation of contract documents ~or the construction
of Improvements to CaniffRoad (hereinafter referred to as the Project).
NOW, THEREFORE, Owner and Engineer hereby agree as follows:
1. Engagement of Engineer - Engineer hereby agrees to perform the services
required under the scope of services related to the Project, and to provide
Owner with copies of the information, opinions, desig~ calculations and
contract documents made the basis of the scope of the services, which is
set out in Attachment "A" and made a part of this contract. Engineer
agrees to initiate services upon receipt of an executed copy of this
Agreement.
2. Availability of Information - Owner agrees to provide Engineer with all
available information pertinent to the Project. Owner will also provide
copies of reports, drawings, and other data, and will, at Engineer's request,
provide written authorization to review Owner's files relative to the
Project which may be in possession of third parties. Engineer agrees to
Agreement - 1 of 5
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return all original documents to Owner upon completion of the Project, but
reserves the right to make and keep reproducible copies of all such
material.
3. Access to Facilities - Owner will provide access for the Engineer to enter
the property and facilities of Owner, as necessary for Engineer to perform
services as required under the Project.
4. Instruments of Service - All documents prepared in accordance with this
contract including exhibits, field notes, laboratory data, original drawings,
and specifications are the property of the Owner. The Engineer is given
the right to use any of this data in connection with future engineering
projects. The Engineer may retain copies or reproducibles of any
information prepared for this Project.
5. Determination of Fees - The fees for the scope of services as stated in
Attachment "A" provided by Engineer under this agreement will be based
on actual time and materials not to exceed $25,933.
6. Payment and Fee Schedule - The Engineer will submit a monthly invoice
for services rendered. The invoice will be based upon actual time and
materials expended on the project at the time of the invoice. An estimated
breakdown is as follows:
Survey and Preliminary Design:
Final Design and Bidding
Construction Administration
Total
$ 5,668.00
$18,837.00
$ 1,428.00
$25.933.00
Agreement - 2 of 5
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7. Terms of Payment - Payment of fees as determined under Paragraph 5
herein above shall be due and payable by Owner within thirty (30) days
following receipt of Engineer's monthly invoice.
8. Additional Services - Additional services beyond those described in the
Scope of Services will be invoiced on the basis of direct labor cost times a
factor of2.99 and direct cost plus 10%.
9. Termination - The Owner may terminate this contract at any time by
giving seven (7) days' notice in writing to the Engineer. In that case, all
finished or unfinished documents and other materials produced under this
contract, shall become the Owner's property. If the contract is terminated
by the Owner in accordance with this provision, Engineer shall be paid for
all services performed to the date of termination. Engineer may terminate
this contract upon seven days' written notice in the event of substantial
failure by the Owner to perform in accordance with the terms hereof
through no fault of the Engineer.
10. Governing Law - This Agreement shall be deemed to have been made
under, and shall be construed and interpreted in accordance with the laws
of the State of Texas. The venue of any suit for enforcement or
construction of this contract shall be in Harris County, Texas
11. Dispute Resolution - The parties will attempt in good faith to resolve any
controversy or claim arising out of or relating to this agreement promptly by
negotiation between senior executives of the parties who have authority to
settle the controversy. The disputing party shall give the other party written
Agreement - 3 of 5
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notice of the dispute. Within ten days after receipt of said notice, the
receiving party shall submit to the other a written response. The notice and
response shall include (a) a statement of each party's position and a summary
of the evidence and arguments supporting its position, and (b) the name and
title of the executive who will represent that party. The executive shall meet
at a mutually acceptable time and place within twenty days of the date of the
disputing party's notice and thereafter as often as they reasonably deem
necessary to exchange relevant information and to attempt to resolve the
dispute. If the controversy or claim has not been resolved within thirty days
of the meeting of the senior executives, the parties shall ~ndeavor to settle
the dispute by mediation under the Center for Public Resources Model
Procedure for Mediation of Business Disputes or pursue amicable
termination. If the matter has not been resolved pursuant to the aforesaid
mediation procedure within sixty days of the commencement of such
procedure, (which period may be extended by mutual agreement), or if either
party will not participate in such procedure, the parties shall pursue amicable
termination.
12. Insurance The Engineer shall provide the following minimum limits of
insurance coverage throughout the duration of this project:
1. Worker's Compensation Statutory
2. Employer's Liability $1,000,000
3. General Liability
General Aggregate $500,000
Each Occurrence (Bodily Injury
and Property Damage) $1,000,000
Agreement - 4 of 5
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4. Excess Umbrella Liability
General Aggregate $500,000
5. Automobile Liability $500,000
6. Professional Liability
Each Occurrence $250,000
Aggregate $500,000
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of
the day and year first above written.
OWNER:
ENGINEER:
City of La Porte, Texas
ESOREilJdC~
Presid t
~~T,~
City Manager
ATTEST
~.&ua'
City ecretary
ATTEST
AY(i.L.l/}/V 'vitdttL
Secretary
(SEAL)
Agreement - 5 of 5
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ATTACHl\tIENT "A"
To
Agreement for Services Between the City of La Porte
And
ESOR Consulting Engineers, Inc.
Dated August 9, 1999
DESCRIPTION OF PROJECT
Improvements to Caniff Road consisting of approximately 1700 linear feet of new
concrete roadway with curb and gutter and underground storm sewer.
SCOPE
The scope of engineering services is as follows:
· Perform Topographic Survey to map and determine existing field conditions.
· Utilize existing data provided by the City of La Porte to prepare a Preliminary Design
for the improvements utilizing C.A.D.D. Field verify key locations and
measurements.
· Complete Final Design and prepare construction plans and technical specifications.
Provide two (2) sets of documents for City of La Porte review.
· Prepare contract specifications suitable for bidding.
· Prepare an update of the construction cost based on the final design.
· Furnish five (5) sets of construction documents to the City of La Porte.
CONSTRUCTION ADMINISTRATION PHASE
. Assist the City in obtaining bids for the Project.
· Dispense construction documents from Engineer's office to potential bidders.
· During the bidding process, provide information to and answer questions from
potential bidders concerning the Project's construction documents.
· Evaluate the bids and the qualifications of the apparent low bidder and advise the City
as to the acceptability of the apparent low bidder.
Attachment A-I of 3
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· Act as the City's Project representative during the construction phase.
· Review and respond accordingly to all submittals as required by the contract
specifications.
· Consult and advise the City; issue all instructions to the Contractor requested by the
City; and prepare and issue, as required, change orders with the City's approval.
· Review the contractor's pay estimates, evaluate the completion of work and make
payment recommendations to the City.
· Visit the site at intervals appropriate to the various stages of construction to observe
the progress and quality of executed work and to determine in general if such work is
proceeding in accordance with the Contract Documents. Such site visits are intended
to be periodic in nature and are not intended to be full time site representation.
· Engineer will not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor(s) or the safety precautions and
programs incident to the work of the Contractor(s). Engineer's effort will be directed
toward providing a greater degree of confidence for the City of La Porte that the
completed work of Contractor(s) will conform to the Contract Documents, but
Engineer will not be responsible for the failure of Contractor(s) to perform the work
in accordance with the Contract Documents.
· Conduct a final inspection of the project upon completion of the construction.
Prepare a punch list of items to be completed by the contractor prior to final payment.
Verify that the punch list items have been addressed to the City's satisfaction prior to
final payment.
· Prepare a recommendation for final Payment.
· Provide as-built drawings based on contractor's redlines.
ADDITIONAL SERVICES
· "Additional Services" shall only be performed when directed by the City to Engineer.
These services are not considered normal or customary engineering services.
· Services resulting from significant changes in the extent of the Project or its design
including but not limited to changes in size, complexity, the City's schedule, or
character of construction or method of financing; and revising previously accepted
studies, reports design documents or Contract Documents when such revisions are
due to causes beyond Engineer's control.
Attachment A - 2 of 3
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· Preparing documents for alternate bids requested by the City or documents for out of
sequence work.
· Preparing to serve or serving as a consultant or witness for the City in litigation,
public hearing or other legal or administrative proceeding involving the Project.
· Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a significant amount of
defective or neglected work of Contractor(s), (3) prolongation of the construction
contract time, (4) acceleration of the progress schedule involving services beyond
normal working hours and (5) default of contractor.
Engineer will endeavor to apprise the City of any potential additional or extended
services which may result from the above listed 5 items, prior to Engineer's
expenditure of time on such services. As previously noted, any such extended or
additional services shall only be performed when directed by the City to Engineer.
· Additional Services not otherwise provided for in the scope of services.
COMPENSA nON
Survey and Desi&n Services
Engineer will perform the Survey, Preliminary Design, Final Design, Bidding, and
Construction Phase for an amount not to exceed $25,933 based on actual time and
materials.
Additional Services
Additional services beyond those described in the Scope of Services will be invoiced on
the basis of direct labor cost times a factor of2.99 and direct cost plus 10%.
Payment
Engineer will submit monthly progress invoices for all engineering work completed to
invoice date. The invoices would be based on actual time and materials expended on the
project.
TIME OF COMPLETION
Engineer will complete the Final Design and have documents suitable for bidding within
65 calendar days after receiving authorization to proceed from the Owner.
Attaclunent A - 3 of 3
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ATTACHMENT "A"
To
Agreement for Services Between the City of La Porte
And
ESOR Consulting Engineers, Inc.
Dated August 9, 1999
DESCRIPTION OF PROJECT
Improvements to Caniff Road consisting of approximately 1700 linear feet of new
concrete roadway with curb and gutter and underground storm sewer.
SCOPE
The scope of engineering services is as follows:
· Perform Topographic Survey to map and determine existing field conditions.
· Utilize existing data provided by the City of La Porte to prepare a Preliminary Design
for the improvements utilizing C.A.D.D. field verify key locations and
measurements.
· Complete final Design and prepare construction plans and technical specifications.
Provide two (2) sets of documents for City of La Porte review.
· Prepare contract specifications suitable for bidding.
· Prepare an update of the construction cost based on the final design.
· furnish five (5) sets of construction documents to the City of La Porte.
CONSTRUCTION ADMINISTRATION PHASE
. Assist the City in obtaining bids for the Project.
· Dispense construction documents from Engineer's office to potential bidders.
· During the bidding process, provide information to and answer questions from
potential bidders concerning the Project's construction documents.
· Evaluate the bids and the qualifications of the apparent low bidder and advise the City
as to the acceptability of the apparent low bidder.
Attaclunent A-I of 3
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· Act as the City's Project representative during the construction phase.
· Review and respond accordingly to all submittals as required by the contract
specifications.
· Consult and advise the City; issue all instructions to the Contractor requested by the
City; and prepare and issue, as required, change orders with the City's approval.
· Review the contractor's pay estimates, evaluate the completion of work and make
payment recommendations to the City.
· Visit the site at intervals appropriate to the various stages of construction to observe
the progress and quality of executed work and to determine in general if such work is
proceeding in accordance with the Contract Documents. Such site visits are intended
to be periodic in nature and are not intended to be full time site representation.
· Engineer will not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor(s) or the safety precautions and
programs incident to the work of the Contractor(s). Engineer's effort will be directed
toward providing a greater degree of confidence for the CitY of La Porte that the
completed work of Contractor(s) will conform to the Contract Documents, but
Engineer will not be responsible for the failure of Contractor(s) to perform the work
in accordance with the Contract Documents.
· Conduct a final inspection of the project upon completion of the construction.
Prepare a punch list of items to be completed by the contractor prior to final payment.
Verify that the punch list items have been addressed to the City's satisfaction prior to
final payment.
· Prepare a recommendation for Final Payment.
· Provide as-built drawings based on contractor's redlines.
ADDITIONAL SERVICES
· "Additional Services" shall only be performed when directed by the City to Engineer.
These services are not considered normal or customary engineering services.
· Services resulting from significant changes in the extent of the Project or its design
including but not limited to changes in size, complexity, the City's schedule, or
character of construction or method of financing; and revising previously accepted
studies, reports design documents or Contract Documents when such revisions are
due to causes beyond Engineer's control.
Attachment A - 2 of 3
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· Preparing documents for alternate bids requested by the City or documents for out of
sequence work.
· Preparing to serve or serving as a consultant or witness for the City in litigation,
public hearing or other legal or administrative proceeding involving the Project.
· Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a significant amount of
defective or neglected work of Contractor(s), (3) prolongation of the construction
contract time, (4) acceleration of the progress schedule involving services beyond
normal working hours and (5) default of contractor.
Engineer will endeavor to apprise the City of any potential additional or extended
services which may result from the above listed 5 items, prior to Engineer's
expenditure of time on such services. As previously noted, any such extended or
additional services shall only be performed when directed by the City to Engineer.
· Additional Services not otherwise provided for in the scope of services.
COl\tIPENSA nON
Survey and Design Services
Engineer will perform the Survey, Preliminary Design, Final Design, Bidding, and
Construction Phase for an amount not to exceed $25,933 based on actual time and
materials.
Additional Services
Additional services beyond those described in the Scope of Services will be invoiced on
the basis of direct labor cost times a factor of2.99 and direct cost plus 10%.
Payment
Engineer will submit monthly progress invoices for all engineering work completed to
invoice date. The invoices would be based on actual time and materials expended on the
project.
TIME OF COMPLETION
Engineer will complete the Final Design and have documents suitable for bidding within
65 calendar days after receiving authorization to proceed from the Owner.
Attachment A - 3 of 3
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REQUEST FOR CITY COUNCa AGENDA ITEM
Agenda Date Requested: Au
Public Works
:xx Report _ Resolution _ Ordinance
Exhibits: Bid Recap - Sealed Bids #0778 - Street Materials
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0778 for Street Materials were opened and read on July 26, 1999. Bid requests
were mailed to eleven (11) vendors with three (3) returning bids.
Low bid meeting specifications for Item 1 - Cutback Asphalt MC-30 and Item 2 - Liquid Asphalt Cement was
submitted by Gulf States Asphalt. The material bid by Prime Materials & Supply on Item 1 - Cutback Asphalt
did not meet specifications in that it is an emulsion product which, in our past experience, is not as reliable as
MC-30. Using estimated yearly quantities, the total cost of this contract would be $23,700.00.
The low bid meeting specifications on Item 3 - Rubberized Joint Crack Sealer was submitted by Crafco
Texas, Inc. The other two vendors submitting bids No Bid this item. Using estimated yearly quantities, the
total cost of the contract for this item would be $10,400.00.
Staff recommends award of bid for Items 1 - Cutback Asphalt MC-30 and 2 - Liquid Asphalt Cement to
Gulf States Asphalt, low bidder meeting specifications and Item 3 - Rubberized Joint Crack Sealer to Crafco
Texas, Inc., low bidder meeting specifications. Adequate funds for this purchase are budgeted in the Street
Division Operating Budget. 0
Action Required by Council: Award Bids for Items 1 & 2 to Gulf States Asphalt and Item 3 to Crafco Texas,
Inc.
Availability of Funds:
X General Fund WaterlWastewater
_ Capital Improvement
Other
Account Number: 001-7071-531-4015 Funds Available: X YES NO
Ann roved for City Council AEenda
~~~ ~~ ~ <(,~- qt{
Robert T. Herrera Date
City Manager
..
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BID TABULATION - STREET MATERIALS
,,,,.,- GULF
MATERIALS STATES CRAFCO
DESCRIPTION QTY & SUPPLY ASPHALT TEXAS INC.
1) Cut Back Asphalt MC-30 5,000.00 $0.650 $0.900 No Bid
Picked up AE-P Prime MC-30
Total Item #1 $3,250.000 $4,500.000
2) Liquid Asphalt Cement
A. AC-5 Delivered 10,000.00 $0.488 $0.460 No Bid
B. AC-10 Delivered 30,000.00 $0.488 $0.450 No Bid
C. AC-5 Picked up 1,000.00 $0.450 $0.550 No Bid
D. AC-10 Picked up 1,000.00 $0.450 $0.550 No Bid
Total Item #2 $20,420.000 $19,200.000
3) Rubberized Joint Crack Sealer 40,000.00 No Bid No Bid $0.260
Delivered
Total Item #3 $10,400.000
Grand Total $23,670.000 $23,700.000 $10,400.000
.
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BIDDER'S LIST
SEALED BID #0778 - STREET MATERIALS
CRAFCO TEXAS, INC.
105 TOWER DRIVE I
SAN ANTONIO, TX 7823~
GULF STATES ASPHALT
P.O. BOX 508
SOUTH HOUSTON, TX 77587
SEALANT SYSTEMS
P.O. BOX 1135
HOUSTON, TX 1135
PRIME MATERIALS
600 CENTURY PLAZA DR. #100
HOUSTON, TX 77073
SHEPLER EQUIPMENT CO.
9103 EAST ALMEDA
HOUSTON, TX 77054
NESTElWRIGHT ASPHALT
704 SHELDON RD SUITE B
CHANNELVIEW, TX 77530
SUNBEL T ASPHALT & MATERIAL
P.O. BOX 4608
HOUSTON, TX 77210-4608
HIGHLAND STABILIZE INC
P.O. BOX 381
HIGHLANDS, TX 77562
LEAGUE CITY PAVING CO.
2514 ANDERS LANE .
KEMAH, TX 77665
BRIDGES ASPHALT
P.O. BOX 461171
GARLAND, TX 75046
NORTHWEST PAVING, INC.
P.O. BOX 10422
HOUSTON, TX 77206
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
JULY 11,1999
JULY 18,1999
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: August 9. 1999
Requested By: Robert T. Herrera.
Department: Administration
xxx Report _ Resolution _ Ordinance
Exhibits:
1. Letter from La Porte-Bay Area Heritage Society
SUMMARY & RECOMMENDATION
The La Porte-Bay Area Heritage Society recently approached City staff requesting permission to relocate the
original library building to the existing depot park site near Sylvan Beach. The concept of this project would be
similar to previous relocation efforts for the train and depot in the early 1980s.
According to Mr. Bob McLaughlin of the Heritage Society
· the original library building is located on property of the La Porte Community Church on the corner of
First Street @ "A" Street
· the building is monitored by the Ladies Civic Club
· the La Porte Community Church holds title to this building and has agreed to release it to the La Porte-
Bay Area Heritage Society.
City staff anticipates a formal letter of confirmation prior to the next regular City Council meeting.
The Heritage Society plans to place this building, estimated to be approximately 36 feet long by 16 feet wide, on the
northeast end of the depot park site. The Heritage Society will move the building to its new location, perform all
preparation and cleanup of the park site and building, and will apply for a historical marker at the site. No City
funds are being sought by the Heritage Society.
Action Required by Council:
Direct the City Manager to pursue a new lease agreement with the La Porte-Bay Area Heritage
Society renewing the lease of property for the train depot, to include addition of the original library
building.
Approved for City Council Ae:enda
~~ ~~ ~.~~
Robert T. Herrera Date
City Manager
Current as of 0 1/99
La por'tBay Area Heritage
I i P.o. Box 847
La Porte, Texas 77572-0847
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S.
OClety
July 14, 1999
~~~/~~~~~~~~
DH:.;;r:~
Mr. Robert Herrera, City Manager
City of La Porte
POBox 1115
La Porte TX 77572.1115
Dear Mr. Herrera,
At our board meeting in June, 1999, the board members voted unanimously to
acquire the library building which was built in 1928 and move it to the site where
the Depot Museum and Caboose is now located.
As their president, I respectfully request your permission to initiate this project to
move the described building to the site at Fairmont Parkway and Park Street. The
members of the board are prepared to solicit funds to supplement some of the
existing funds in reserve.
Thank you for your consideration of this matter.
Sincerely,
/.?-oL 7"1',f>~
Bob McLaughlin, president
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REQUEST F<e:1TY COUNClL AGENDA ITEM e
Agenda Date Requested: August 9. 1999
Requested By: Doug Kneup~Partmeut: Planning Department
_ Report _ Resolution _ Ordinance
Exhibits:
Memorandum from John Joerns to City Manager
Draft letter to Robert Castille, P.E., Harris County
Letter from Binkley and Barfield, Inc. dated July 6, 1999
SUMMARY & RECOMMENDATION
On June 30, 1999, John Joerns, Assistant City Manager wrote the City Manager regarding a request from Harris
County to consider straightening the existing Bay Area Boulevard right-of-way. At that time we did not have
enough information for staff and Council to evaluate the request.
On July 8, we received a letter from Binkley and Barfield that provided us with additional information to assist in
our decision regarding the alignment.
In summary the letter states that, the existing alignment would result in a 40 mph design speed if superelevation is
used (a normal cross slop of 0.02 ftlft for a total superelevation of 0.5 ft.).
If realignment were pursued, the speed limit would be set by a speed study conducted after the project was
opened. The additional cost for realignment is estimated at $624,000 plus expenses for waterline relocation. Our
Planning Department has estimated those costs to be approximately $275,000. This also assumes all right-of-way
issues can be resolved at no costs. There would in fact be costs for surveying, document preparation etc. (Note:
even under the current plan, additional right-of-way needs to be acquired).
If realignment were pursued, the expenses to the City and County (based on current Harris County commitments)
would be;
Increased Pipeline Relocation
(LP A W A) Waterline Relocation
Additional Right-of-Way Costs
Total
624,000
275,000
undetermined
Harris County Citv
312,000 312,000
137,500 137,500
~OO/n l:\OO/n
$449,500* $449,500*
*plus right-of-way 50% of right-of-way acquisition
Staff is comfortable with a design speed of 40 mph vs. the additional expense of approximately $450,000. Even if
the right-of-way were straightened, we doubt that the posted speed would exceed 45 or 50 mph, especially after
development occurs along the roadway.
Attached is a draft letter to Harris County asking them to waive their standards and proceed with design based
on the current right-of-way alignment, unless Harris County is willing to pay the additional costs. If Council
concurs we will forward the letter to Harris County.
Action Required by Council: Direction to staff regarding Harris County's request to consider revised
right-of-way alignment.
~rove~ouncil A~nda
( -\ '8'- -tlt\
Robert T. Herrera Date
City Manager
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CITY of LA PORTE
t.e
June 30, 1999
TO:
Robert T. Herrera, City Manager
FROM:
John Joerns, Assistant City Man
SUBJECT:
Update; Bay Area Boulevard, Phas
The City was asked by Harris County staff to consider a straightening of the Bay Area
Boulevard ROW. Harris County requested La Porte consider this option before having
their engineer proceed with a design.
Harris County provided limited information at our fIrst meeting, so we requested
additional information regarding the difference in design feature and estimated costs.
Attached is the information we have received to date. I have asked Doug Kneupper to
get with Binkley & Barfield and Harris County Engineering to get data on the estimated
travel speed of <20 mph for the existing ROW with a radius of 1405 ft. I'm trying
to determine, if in fact, that would be the recommended posted speed for the current
ROW alignment.
We assume their request is based on the City and Harris County splitting the additional
costs with the exception of utility relocation expenses. Again, we will try to confIrm
this. At this time there is no word on the development of an Interlocal Agreement.
JJI cns
1.1. ~.
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DRAFT
July 29, 1999
Mr. Robert L. Castille, P.E.
Harris County Precinct 2
1001 Preston Avenue, 7th Floor
Houston, Texas 77002
RE: Bay Area Boulevard/ Fairmont Parkway to Spencer Highway
Letter from Terry McDonald dated July 6, 1999
Dear Bob:
You requested that the City consider the possibility of realigning (straightening) the Bay Area
Blvd. extension. You stated that the existing right-of-way alignment does not meet Harris County
criteria regarding roadway geometry and would require the use of superelevation to gain a 40-mph
design speed. It is our understanding that this is contrary to Harris County policy.
Based on information supplied by Harris County's consulting engineer, Binkley and Barfield, Inc.,
it appears the straightening of Bay Area Blvd. would increase the project costs by an estimated
$900,000. This includes additional pipeline adjustments, the relocation of an existing water line
and assumes that all right-of-way issues can be resolved at no cost.
The letter from Binkley & Barfield, Inc., dated July 6, 1999, states that the superelevation required
for a 40 mph design speed would be equal to the normal cross-slope for this type of roadway (0.02
ft.lft). Based on this information, superelevation is an acceptable alternative to the City in this
situation.
Unless Harris County is willing to cover the additional expenses for realignment, the City wishes
to move forward with the current right-of-way alignment. Therefore, the City is formally
requesting design exceptions from Harris County criteria for a roadway centerline radius of
approximately 1,400 feet and the use of superelevation to gain a 40 mph design speed.
We look forward to the beginning of the design phase of this project and hope the County will look
favorably upon the design exceptions that have been requested.
Sincerely,
Doug Kneupper, Director of Planning
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-liU I JUL - 8 1999 ::;
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f LASST." 6n;-'~;ANAGE:Rj
L.- _.r:=FICE __ .___
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Binkley Be Barfield, Inc., Consulting Engineers
1710 Seamist Drive 0 Houston. Texas 77008-3189
", (713) 869-3433 FAX (713) 869-6702
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Mr. Douglas K. Kneupper, P.E.
Director of Planning
City of LaPorte
P.O. Box 1115
LaPorte, TX 77572-1115
Re: Bay Area Boulevard, from Fairmont Parkway to Spencer Highway,
Harris County, Pct. 2,
PIN No.: B/I02/0399/001
Dear Mr. Kneupper:
Binkley & Barfield, Inc. has been retained by Harris County, Precinct 2 to provide Project
Management Services for the above referenced project.
In an attempt to more closely identify all the elements of this project, it was determined that
the existing alignment would not meet current Harris County design criteria. In particular, the
existing radius for the curved portion of the roadway is 1,405 feet and the minimum required is
1,910 feet. This raised the question concerning proceeding with the current alignment or
revising the alignment and eliminating the curves.
The following information is provided to assist in your decision concerning this alignment.
1. The existing alignment was based on a previous design developed in the early
1980's. The existing pipelines were to remain at their present location. The
curves in the roadway alignment provided for a roadway/pipeline crossing that
minimized the skew angle, thus minimizing the embankment, box culvert
lengths and other special design"considerations due to the pipelines.
The current alignment consists of adequate right-of-way to construct the
proposal roadway and outfall. A 16-inch water transmission line was
constructed within the existing right-of-way in the early 1990's.
2. The proposed scope of work includes the vertical adjustment of the pipelines.
3. Harris County's design criteria requires a minimum centerline radius of 1,910
feet, which will allow a maximum speed of 40 mph without superelevation of
the roadway. The existing centerline radius is 1 ,405 feet, which will allow a
maximum speed of 20 mph without superelevation. If superelevation is used
with the existing centerline radius, a 40 mph design speed could be used.
Houston and Dallas
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Mr. Douglas K. Kneupper, P.E.
Page 2
July 6, 1999
The cross-slope of the pavement would be 0.02 ft/ft which is equal to the
normal cross-slope for this type of facility. Therefore, the two lanes on the
inside of the curve would have a normal cross-slope and the two lanes on the
outside of the curve would have a reverse crown. The difference in curb
elevations would be 0.5 feet for both roadways. See typical section attached
hereto. Both the 1,405 foot centerline and the superelevation would require
design exceptions from Harris County.
If the roadway was realigned there would be no curves restricting the design
speed and the maximum speed would be established by a speed study conducted
after the project was opened to traffic.
4. The cost differences associated with the above alignments include pipelines and
a waterline. This assumes the right-of-way associated with the revised alignment
can be traded with the landowner at no additional costs. As mentioned above,
the pipelines will be adjusted vertically for either alignment. However, the
length of adjustment will more than double for the new alignment. This
additional cost is approximately $624,000, which includes 20% contingency.
Also, for the new alignment the 16-inch waterline will require relocation.
This project cannot proceed until the alignment has been agreed upon by the City of LaPorte.
Harris County is anxious to move forward with this project. If there are items that we can
assist with, please do not hesitate to call.
Very truly yours,
BINKLEY & BARFIELD, INC.
:z:g~;jJ~
Terry ~;tcDaniel, P.E.
Manag~ ~f Traffic and
Transportation Engineering
TLM:gjw
cc: Commissioner Jim Fonteno - Harris County
Elmo Wright - Harris County, Pet. 2
Robert Castille, P.E. - Harris County
Ravi Arora, P.E. - Harris County
John Joerns - Assistant City Manager, City of LaPorte
Robert Herrera - City Manager, City of LaPorte
F:\81005\WP\LOl.doc
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MEETING HANDOUTS
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DRAFT
PORT OF HOUSTON
PROPOSED BAYPORT EXPANSION
POSITION PAPER
The City of La Porte is concerned with the announced development proposed by the Port of
Houston Authority to build a 1000-acre container terminal at the Bayport Complex located
within the City of Pasadena.
The City of La Porte city limits are the northern boundaries of the project. Residents of La Porte
will be impacted seriously by the development. The Port of Houston should consider taking
affirmative steps in resolving and addressing the concerns, which would be caused by the
Bayport development. The City of La Porte recognizes the economic importance of adequate
port facilities to Harris County, its adjacent counties, and the entire State of Texas. However, the
City realizes a responsibility to its residents, to protect their well being and quality of life.
The major concerns we have with the proposed development are:
1) The development will bring about changes in our community which are disruptive and
more than just a nuisance. Homes on the north side of the channel to Bayport will
experience noise, air pollution, lighting, and shoreline erosion problems. These issues, if
not addressed, will cause the property owners' land values to be lowered, and their ability
to sell their homes would be very difficult without taking a loss. If the Port Authority
cannot correct these real estate concerns, then consideration from the Port Authority
should be given to buying out the homes which abut the development.
2) The proposed development will bring with it major rail and vehicle transportation issues
which will impact the City of La Porte and will affect neighboring communities. The
proposed development will cause delays at rail crossings of major thoroughfares such as
Fairmont Parkway and Red Bluff Drive. Consideration from the Port of Houston must be
given to working with local jurisdictions to resolve traffic concerns. In addition the Port
Authority should petition the State of Texas Highway Department to insure that State
Highway 146 and State Highway 225 roadways are designed and constructed in advance
to provide for the growth of the area and this development. It is recommended the Port
Authority approach the State Highway Department to create a specialized truck lane on
State Highway 146 to isolate the truck traffic to and from port facilities. The Port
Authority should actively take a lead role in insuring rail crossings have overpasses and
should also seek ways to fund these overpasses and their construction before the
proposed development occurs.
Position Paper
August 3, 1999
Page 2 of2
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3) The proposed development will add significant air pollution issues that cannot be
ignored. The Bayport facility will generate additional air pollution from its use of diesel
trucks, diesel ships, diesel cranes and diesel vehicles that will operate at this location.
The Port Authority should study the impact of this air pollution to the surrounding
communities and to Harris County. Consideration should be given to using equipment,
which uses a cleaner burning fuel alternative. In addition consideration should be given
to the placement of air monitoring devices along the site boundaries to measure the air
quality leaving the site. East Harris County is under orders of the EP A that our region
must reduce nitrogen oxides (Nox) emissions by as much as 85 percent to come into
compliance with the national ozone standard by the year 2007. By adding this facility at
this location contradicts any stated goal adopted to reduce Nox emissions in our region.
4) The Port of Houston should require a complete environmental impact study be performed
by the Army Corps of Engineers and require the Corps of Engineers to seek input from
all communities and agencies which adjoin or may play some role in protecting the
waters of Galveston Bay as a nationally important estuary. The Port Authority should
also engage a consultant to study the existing shipping traffic patterns that enter and use
the Bayport channel and apply this usage to their traffic models. Furthermore it is
recommended that the same consultant would study the water area of the Bayport channel
as it relates to the use of water recreational activities such as sailing, fishing, and
shrimping.
5) The proposed development may bring about detrimental marine changes whose impact
must be understood. The operation of a facility of this type will cause additional erosion
to the north boundary of the Bayport Channel. Measures must be in place to protect and
eliminate the continual loss of shoreline to ship activity visiting and leaving the
development. As larger ships come into play, the Port of Houston should attempt to
understand the impact to Galveston Bay marine ecosystem if the channel is ever dredged
to a depth of 50 feet. The Port Authority should require the Army Corps of Engineers to
look at this depth as well as the 45-foot depth, which is proposed to better understand the
incremental changes, which may occur, if any.
The above items are not all inclusive of the proposed development of the Bayport container
terminal. They are, however, the ones, which require the most attention. It would seem that a
regional approach to the future needs of the Port of Houston would make sense in addressing
the strategic growth of the Port of Houston.
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Subject on which I wish to speak:
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