HomeMy WebLinkAbout1999-08-23 Regular Meeting
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MINUTES OF THE REGULAR MEETING
OF LA PORTE CITY COUNCIL
AUGUST 23, 1999
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:05 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young, and Mayor
Norman Malone.
Members of Council Absent: Councilperson Jerry Clarke.
Members of City Executive Staff and City Emoloyees Present: City Manager Robert T.
Herrera, City Attorney Knox Askins, City Secretary Martha Gillett, Assistant City
Manager John Joerns, Assistant City Manager Jeff Litchfield, Administrative Assistant
Carol Buttler, Director of Public Works Steve Gillett, Director of Administrative
Services Louis Rigby, Police Chief Richard Reff, Assistant Finance Director Cynthia
Alexander, Director of Parks & Recreation Stephen Barr.
Others Present: Spero Pomonis, Colleen Hicks, Imogene Pulleine, Pat Muston, David
Hawes, Mike Mosteit, and a number of citizens.
2. Reverend Walter Pinkney Zion Hill Baptist Church delivered the Invocation.
3. Council considered approving the minutes of the Regular Meeting and Public Hearing
on August 9, 1999.
Motion was made by Counciloerson Engelken to aoorove the minutes of the Regular
Meeting and Public Hearing as oresented. Second by Councilperson Porter. The
motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, and Mayor Malone
Nays: None
Abstain: Gay
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPAYERS WISHING TO ADDRESS COUNCIL.
There were no citizens wishing to address Council.
5. Proclamations:
Mayor Malone presented a Proclamation to Imogene Pulleine for Constitution Week.
Ms. Pulleine informed City Council this Proclamation would be displayed at the Library
during Constitution week.
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City Council Minutes - August 23, 1999 - Page 2
6. Presentations:
Pat Muston with the Southeast Texas Housing Finance Corporation (STHFC) introduced
several staff members of STHFC who provided City Council with a presentation of
programs and services provided by the Corporation. STHFC represents nine counties and
eleven cities. The following phone number was provided for citizen inquiries 281-484-
4663.
7. Council considered a resolution supporting the City of Houston hosting Olympic Games
in 2012 (Res. 99-27).
Mayor Norman Malone presented summary and recommendation.
Motion was made by Councilperson Griffiths to approve the resolution as presented by
Mayor Malone. Second by Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Mayor Malone.
Nays: None
Abstain: None
8. Council considered a resolution supporting the designation of truck lanes and making
Texas Highways safer (Res. 99-28).
Mayor Norman Malone presented summary and recommendation.
Motion was made bv Council person Young to remove the next to last paragraph
designating routes around cities. Second by Councilperson Engelken. The motion
carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Mayor Malone.
Nays: Griffiths
Abstain: None
Motion was made by Councilperson Engelken to approve the resolution with changes.
Second by Councilperson Young. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Mayor Malone.
Nays: None
Abstain: Griffiths
9. Council considered approving an ordinance approving a project plan and reinvestment
zone financing plan for the Tax Increment Reinvestment Zone Number One.
Assistant City Manager John Joerns presented summary and recommendation.
City Attorney read: ORDINANCE 99-2352 - AN ORDINANCE APPROVING A
PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR TAX
INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE,
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City Council Minutes - August 23, 1999 - Page 3
TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Griffiths to approve the ordinance as presented by
Mr. Joerns. Second by Councilperson Porter. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Mayor Malone.
Nays: None
Abstain: None
10. Council considered approving an ordinance approving an interlocal agreement between
the City of La Porte, La Porte Independent School District, and Reinvestment Zone
Number One, City of La Porte.
Assistant City Manager John Joerns presented summary and recommendation and
answered questions for City Council.
City Attorney read: ORDINANCE 99-2353 - AN ORDINANCE APPROVING AND
AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA
PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, AND REINVESTMENT
ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS; 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 Counciloerson Gav to approve the ordinance as presented by Mr.
Joerns. Second by Councilperson Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Mayor Malone.
Nays: None
Abstain: None
11. Council considered approving an ordinance authorizing the sale oflots 12, 13, 14, 15, and
16, block 177, of the Town of La Porte.
Director of Administrative Services Louis Rigby presented summary and
recommendation and answered questions for City Council. Mr. Rigby stated that the
lending institution has requested an environmental study, which will delay the closing.
Mr. Rigby recommended sale of this property with the stipulation that the closing should
take place within a reasonable length of time or the offer will be void and the bid bond
which is equal to 5% of the total bid will be forfeited.
City Attorney read: ORDINANCE 99-2354 - AN ORDINANCE AUTHORIZING AND
APPROVING THE SALE OF LOTS 12, 13, 14, 15, AND 16, BLOCKS 177, OF THE
TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO THE mGHEST BIDDER
FOR CASH; AUTHORIZING EXECUTION OF A SPECIAL WARRANTY DEED
RETAINING A SANITARY CONTROL EASEMENT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
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City Council Minutes - August 23, 1999 - Page 4
Motion was made by Councilperson Engelken to approve the ordinance as presented by
Mr. Rieby. Second by Councilperson Griffiths. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Mayor Malone.
Nays: None
Abstain: None
12. Council considered approving an ordinance authorizing the City Manager to execute an
agreement with PBS&J Environmental Toxicology Lab to perform professional services
for a Toxicity Reduction Evaluation (TRE) Program at the Little Cedar Bayou
Wastewater Treatment Plant.
Director of Public Works Steve Gillett presented summary and recommendation.
City Attorney read: ORDINANCE 99-2355 - AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND
PBS&J ENVIRONMENTAL TOXICOLOGY LAB, TO PROVIDE PROFESSIONAL
SERVICES FOR ESTABLISIDNG A TOXICITY REDUCTION EVALUATION
(TRE); APPROPRIATING $33,425.00, TO FUND SAID CONTRACT; MAKING
VARIOUS FINDINGS RELATING 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. Gillett. Second by Council person Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Mayor Malone.
Nays: None
Abstain: None
13. Council considered approving an ordinance authorizing an agreement between the City of
La Porte and HTE, Inc., of Orlando, Florida, to provide Parks and Recreation software
applications.
Director of Parks and Recreation Stephen Barr presented summary and recommendation
and answered questions for City Council.
City Attorney read: ORDINANCE 99-2356 - AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND
HTE, INC., OF ORLANDO, FLORIDA, TO PROVIDE PARKS AND RECREATION
APPLICATIONS; APPROPRIATING $47,361.00, 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.
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City Council Minutes - August 23, 1999 - Page 5
Motion was made bv Councilperson Young to approve the ordinance as Dresented by Mr.
Barr. Second by Councilperson Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Mayor Malone.
Nays: None
Abstain: None
14. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. Census Count Committee Meeting - Recreation Fitness Center Classroom -
August 25, 1999 at 6:30 PM.
B. City observes Labor Day Holiday - ~eptember 6, 1999.
C. Special Called City Council Meeting - September 8, 1999.
D. City Employee Appreciation Picnic - Wave Pool - September 11, 1999,4:00 PM
to 9:00 PM.
E. Seabreeze Park Ceremony - September 2, 1999,5:30 PM.
F. Northside Civic Club Meeting - August 26, 1999, 7:00 PM.
15. COUNCIL ACTION
Councilpersons Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and
Mayor Malone brought items to Council's attention.
16. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSUL TA TION WITH ATTORNEY,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL
MA TIERS, CONFERENCE WITH EMPLOYEES DELIBERATION
REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGA nON)
A. 551.071 (CONSULTATION WITH ATIORNEY) MEET WITH CITY
AITORNEY AND CITY MANAGER TO DISCUSS CONTRACTUAL
MATTERS
Council retired into Executive Session at 7:50 PM under Section 551.071 (Consultation
with Attorney).
Council Adjourned Executive Session at 10:12 PM.
Council returned to the table at 10: 13 PM, with no action taken.
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City Council Minutes - August 23, 1999 - Page 6
17. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
No action taken.
18. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 10: 14 PM.
Respectfully submitted,
vfYt MI1~ I4JJo1
Martha Gillett
City Secretary
Passed and approved on this 8th day of September 1999.
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PRESENTATION BY SOUTHEAST TEXAS FINANCE CORPORATION
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Southeast Texas r.7.:'~~:~:::::~,':'~';~'o,.'~ [.":.
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Housing Finance Corporation
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11111
,.".
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Other Programs and Services
On the Drawing Board
Summary
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Summary of Assistance
Compliance
Current Programs
Homebuyer Education
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I
n the City of La Porte
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Table of Contents
Overview
Single Family
Multifamily
SETH's Mission is to improve the quality of life for the community we
serve through the development of affordable housing and related
programs
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This Act empowered SETH to
multifamily housing programs
issue revenue bonds for single family and
.
SETH is a public nonprofit housing finance corporation that represents 9
counties and 11 cities in the Houston/Galveston Area Council of Governments as
sponsoring political subdivisions
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Overview
Southeast Texas Housing Finance Corporation ("SETH") was established in
1981 under the authorization of the State of Texas Housing Finance Corporation
Act of 1979
In 1994, SETH received a $750,000 implementation grant from HUD to purchase,
rehabilitate and sell government foreclosed homes to low and very low-income
families. SETH provided $150,000 and TDHCA provided $100,000 in matching
funds for the program
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In 1991, DRI, an affiliate of SETH, participated in the Resolution Trust
Corporation's ("RTC's'') Affordable Housing Program. DRI participated in a sealed
bid auction that acquired 240 homes across Texas from the RTC. These homes
were rehabilitated then sold to low and very low-incom.e families
.
SETH has implemented 16 Single Family Mortgage Revenue Bond ("MRB'')
Programs that have funded over 4,500 mortgage loans to low and moderate
income homebuyers. These loans total over $239,000,000 at an average loan
amount of $54,000
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Single Family
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In 1996 SETH developed a program that used $250,000 of its own reserves to
provide up to $5,000 in down payment and closing cost assistance to first-time
homebuyers. The "First Down" Program as it was called provided an average of
$4,000 to 62 families with an average income of $37,325
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Sing e Family (cant.)
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Through HUD's HOME program, SETH has provided up to $5,000 in down
payment and closing cost assistance. SETH has assisted approximately 160
families whose gross income did not exceed 800/0 of the area median income.
These HOME grants total over $3 million dollars for the citizens in SETH's
jurisdictions
SETH was the catalyst for the formation of a number of single asset nonprofit
corporations that own over 3,000 apartments units in and around the Houston
area
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SETH provides technical assistance in the development and implementation of
resident-owned initiatives, such as Mutuals and Cooperatives
In 1994, SETH provided bond financing for a 68-unit assisted
elderly persons of low and moderate income
iving facility for
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Multifam
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SETH has issued over $301,000,000 in multifamily bonds for 47 projects to
provide the financing for the construction, acquisition, and/or rehabilitation of
apartment complexes that are targeted for low to moderate income families
.
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Using SETH's First Down Program, 6 families received grants averaging
$4,304 to purchase a home of their own. These grants total $25,824 in
assistance for La Porte families.
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Using the 1998 HOME Program, 7 families have received grants totaling
$35,000. Under our 1995 HOME Program 9 families have received grants
totaling $90,000. And under another assistance program we offer in La
Porte, 2 families have receive grants totaling $16,000.
.
Through the current 1998A and 19988 Single Family MR8 Programs, SETH
has provided $2,675,807 in mortgage loans to La Porte residents
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Summary of Assistance in the
City of La Porte
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SETH has made $:14,091,290 single family loans in the City of La Porte
using its single family mortgage revenue bond programs
SETH
is the compliance agent for
11 other
HFC's
in the State of Texas
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For its multifamily issues, this department monitors the compliance of the
regulatory agreement using monthly reporting and annual on-site compliance
audits
.
This department interacts with servicers, trustee banks, and insurers on single
family issues in tracking funds on mortgages, delinquent loans, interest from
investments and interest paid to bond holders
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Compliance
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SETH has developed a compliance department that
all its single family and multifamily issues
monitors the compliance of
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Cu rrent Prog ra ms
- . In 1998, SETH introduced a MRB Program that provides 40/0 in downpayment
and closing cost assistance as well as a 30-year fixed mortgage rate of 6.950/0 to
first-time homebuyers in all SETH's jurisdictions
. In 1999, SETH introduced another MRB Program that provides 5.250/0
down payment and closing cost assistance with a mortgage rate of 6.6250/0.
This program is available in all of SETH's jurisdictions as well
. In 1998, SETH received a HOME Grant from the Texas Department of Housing
- and Community Affairs to provide $5,000 in downpayment and closing cost
assistance for new or existing homes with a purchase price of under $115,200.
The program is available in the Counties of Austin, Chambers, Galveston,
Liberty, Matagorda, Walker, Waller, and Wharton.
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SETH also covers post-closing subjects such as on-going maintenance of a
home, reserve accounts and what to do if a' homebuyer experiences
circumstances which may prevent them from making their monthly payment
.
Classes are taught by a certified instructor and cover such issues as qualifying
for a home loan, how to find a Realtor or builder, how to negotiate an earnest
money contract, what is needed at closing, referrals for credit counseling,
budgeting, and many other topics that families need to consider and
understand before purchasing a home
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Homebuyer Education
.
SETH has developed a homebuyer education program
homebuyers in the process of purchasing a home
that assists potentia
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SETH received a Grant from Harris County to provide one on one counseling and
homebuyer education to prospective homeowners at no cost for those who
qualify and are buying a home in the cities of Deer Park, LaPorte, Shoreacres,
and Tomball
Classes can be scheduled on a one-on-one basis for homebuyers who can not
attend regularly scheduled classes or for those who need instruction in Spanish
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Hamebuyer
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Class are twice monthly either at SETH's offices or in various cities
SETH's jurisdiction for easier access and affordability
Ed ucatian
(cant. )
located in
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Other Programs and Services
e . SETH has developed a Community Housing Development Organization ("CHDO'')
called "Southeast Texas Housing Partners, Inc." a nonprofit entity responsible
for implementing affordable housing programs and services to specific
neighborhoods or communities
. SETH is in the process of organizing a HOME Consortium (geographically
contiguous units of general local governments) so participating jurisdictions can
become direct entitlement areas for HOME funds, thus providing these areas
more funds and greater input as to how the funds can best serve their
neighborhoods and communities
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. SETH has been selected by HUD as a Participating Administrative Entity (PAE) in
the restructuring of multifamily properties with expiring Section 8 contracts
. SETH is working with its Service Providers (Investment Bankers, Attorney's, etc.)
to develop innovative solutions for communities
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Form a Community Development Corporation ("CDC'')
Form a Community Development Financial Institution ("CDFI'')
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On the Drawing Board
SETH hopes to complete its evaluation and
objectives in the near future:
Develop special needs housing
Evaluate the need for elderly housing (both assisted and non-assisted) and
develop programs where needed
Develop taxable single family programs with down payment and closing
cost assistance that provides a continuous supply of funds for lenders and
families .
implementation of the following
SETH will implement all its programs with the
philosophy of "meeting the standard", "exceeding the
standard", and "becoming the standard."
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SETH will be a leader in the analysis and
development of new programs while looking for
innovative approaches to existing programs
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· SETH is providing many housing solutions for our
jurisdictions today while focusing on the future
In Summary
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6.62598 Mortga~e Loans
with
5.25% Down Payment
Assistance
You must meet certain income, purchase price and credit guidelines. The program provides
for 3D-year, fixed rate mortgage loans (FHA, VA, USDA-RD or Fannie Mae eligible
conventional) at the rate of 6.625%. All loans include down payment assistance equarto
5.25% of the original loan amount.
These loans are available through a program of the Southeast Texas Housing Finance
C~rporation (SETH). Ibe progl]lm is open to home bUy~~ ~~~ ~~h~7g~ en~~':~
Liberty. Matagorda. Walker. Waller. and Wharton Countl _ I _'tJ..
Park. Dickinson. LaMarque. La Porte. League City. Pasadena: Santa Fe~Sh'o~'""a~;;. T;;;~
Citvand Tomball.
Interested potential home buyers may contact SETH at 281/484-HOME, or they may contact
one of the participating mortgage lenders under the program:
Accubank Mortgage Corporation
(Dan Aaron, Webster, 281/332-1105)
CTX Mortgage Company
(Bob Tavel, Pasadena, 713/475-8383)
Eustis Mortgage Corporation
(Don Marion, Houston, 281/286-5413)
Hammersmith Financial
(Steve McCleod,Houston,281/333-8301)
North American Mortgage Company
(Deana McClellen, Houston, 281/486-8888)
Sterling Capital Mortgage Company
(Russell Schroeder, Clear Lake, 281/333-3343)
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0I'I'CI1lTU1IITY
Southeast Texas Housing Finance Corporation
Down Payment Assistance Report
Program Race Sex Ag. Head of Annual Number In Occupation "."tIII Fundlng CIty County Purchas. Service
Household Income Household Sta",. Source P"ce Date
98 HOME ""'H T 33 Female 25,431 5 Secretary SID County La ""POrte Harris 59,500 3131/99
98 HOME H M 23 Male 28,547 3 Tank Mach M County La Por18 Harris 49.000 416199
98 HOME W M 51 Male 37,720 5 Machinist M County Deer Park Harris 77,900 4115199
98 HOME H M 23 Male 44,066 4 Electrician M County La Porte Harris 60,700 4118199
98HOME H M 24 Male 23,900 4 Procl.Oper. M County La Porte Harris 69,500 4I3OJ99
98 HOME W F 33 Female 31,961 2 Office Manger SID County Deer Park Harris 61,000 5126199
98 HOME H M 26 Male 29,475 4 utD Body Tec M County La Por18 Harris 64,000 8IWS e
98 HOME H M 25 Male 30,187 2 &rehouse ShI M County Deer Park Harris 69,000 8I1WS
98 HOME W F 38 Female 36,369 3 Manager SID County Deer Park Harris 85,000 8118199
98 HOME W F 42 Female 28,253 2 Accountant SID County Deer Park Harris 68,000 8118199
98 HOME W F 35 Female 22,327 1 Clerk SID County La Por18 Harris 49,500 8118199
98HOME H M 38 Male 36,172 2 Electrician M County La Porte Harris 55,900 8130199
A~ge Race Sex Age H. House Income , In Home Pur. Price
98 HOME ($5,000) Hisp.7 Male-7 31.9 Mar.7 30,748.73 3.18 Married-7 La PortB-7 64,827.27
12 WhIte-5 FemaJe.6 Female-S Single-S Deer ParIc~
A Report by Phylfl8 GoIlghtlyl Progl"8m AdmlnistndDr
7130/99
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Southeast Texas Housing Finance Corporation
Down Payment Assistance Report
Head of
Household
Male
Female
Age
Sex
Race
Program
Setvlce
Date
12123/98
3/30/99
Purchase
Pllce
mmo
86,500
County
Harris
Harris
City
La Porte
La Porte
Funding
Source
County
County
Malltal
Status
M
SIW
OccupaUon
Field Sup.
Elect.Helper
Number In
Household
4'
2
Annual
Income
23,616
21,840
33
30
M
F
H
W
La Porte
La Porte
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Pur. Price
87,250
Married-1
Slngle-1
Size HOME
3
Income
22,775
Age
Hlsp. -1 Male-1 31.5
WhIte-1 Female-1
A Report by Phyllis Golightly/ Program Administrator
7/22199
Average
La Porte ($8,000)-
Southeast Texas Housing Finance Corporation
Down Payment Assistance Report
Pl'Oflrem Race S. A,e Head 0' Annual Number In OccupaUon AfarltAl Fundi", CIty County Purchae S8IVIce
Household Income Household Status Source Prfce Date
- - -
95 HOME H M 37 Male 40,000 6 Machinist M County La Porte Harris 78,900 8131/98
95 HOME B M 38 Male 33,219 3 Care1aker M COlIlty laPorte Harris 78,326 7123/98
95 HOME W F 41 Female 28,853 2 Rebate Clerk S County laPorte Harris 83,000 11110198
95 HOME H M 29 Male 42,388 4 Postal Carrier M County laPorte Harris 88,200 5119199
95 HOME H M 39 Male 40,591 5 Sandblaster M County laPorte Harris 74,350 8/7199
95 HOME W F 31 Female 25,005 3 Billing Clerk S County laPorte Harris 73,000 7128199
95 HOME I M 34 Male 41,950 5 Supervisor M County laPorte Harris 99,500 818199 e
95 HOME B F 59 Female 22,844 2 Cook S County laPorte Harris 74,900 819199
Average Race Sex Age H.House Income , In Home Pur. Price
95 HOME ($10,000) Hisp.-3 Male-5 38.25 Male -5 34,356.25 3.75 Married- 5 81,272.00
B Black-2 Fema1e-3 Female-3 Slngle-3
Whlt8-2
Indlan-1
A Report by Phyllis GoIIghtlyl Program AdmIniatratDr
8119199
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Southeast Texa. Housing Finance Corporation
Down Payment Assistance Report
PI'OfIt8m Race Sex Age Head of Annual Number In Occupation Marital FundIng CIty County Purchase Service
Household Income Household Status Source Price Date
98 HOME ""'H T 33 Female 25,431 5 Secretary SID County [8 Porte "'HaiTiS 59,500 3131/99
98 HOME H M 23 Male 28,547 3 Tank Meeh M County La Porta Harris 49,000 416199
98 HOME W M 51 Male 37,720 5 Machinist M County Deer Park Harris 77,900 4115/99
98 HOME H M 23 Male 44,066 4 Elecbiclan M County La Porta Harris 60,700 4118199
98HOME H M 24 Male 23,900 4 Proci.Oper. M County La Porta Harris 69,500 4130199
98 HOME W F 33 Female 31,961 2 Office Manger SID County Deer Park Harris 61,000 5I26f99
98 HOME H M 26 Male 29,475 4 uta Body Tee M County La Porta Harris 64,000 814199 --
98 HOME H M 25 Male 30,187 2 arehouse ShI M County Deer Park Harris 69,000 8114/99
98 HOME W F 38 Female 36,369 3 Manager SID County Deer Park Harris 85,000 8118199
98 HOME W F 42 Female 28,253 2 Accountant SID County Deer Park Harris 68,000 8118199
98 HOME W F 35 Female 22,327 1 Clerk SID County La Porta Harris 49,500 8118199
98HOME H M 38 Male 36,172 2 Electrician M County La Porta Harris 55,900 8130/99
Average Race Sex AGe H. House Income 'In Home Pur. Price
98 HOME ($5,000) Hisp.7 Male-7 31.9 Male-7 30,748.73 3.18 Manled-7 La Por1&-7 64,827.27
12 Whit8-6 Female-5 Female-5 SIngIe-5 DeerPark-6
A Report by Phyllis GoIlghtlyl Program Administrator
7130199
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Southeast Texas Housing Finance Corporation
Down Payment Assistance Report
Sewlce
Date
12/23/98
3/30/99
Purchase
Price
i8:ii6ii
88.500
County
Harris
Harris
City
La Porte
La Porte
Funding
Source
County
County
Marital
Status
M
SIW
Occupation
Field Sup.
Elect.Helper
Number In
Household
4
2
Annual
Income
23.616
21.840
Head of
Household
Male
Female
Age
Sex
Race
Program
33
30
M
F
H
W
La Porte
La Porte
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Pur. Price
87.250
Married-1
Slngle-1
Size HOME
3
Income
22.775
Age
31.5
A Report by Phyllis Golightly/ Program Administrator
7/22/99
Male-1
Female-1
Hlsp. -1
WhIte-1
Average
La Porte ($8.000)-
Southeast Texas Housing Finance Corporation
Down Payment Assistance Report
Program Race S. Age Head of Annual Number In Occupation Matftal Funding CIty County Purchue S8tYIce
Household Income Household Status Source Price Date
95 HOME H M 37 Male 40,000 6 Machinist M County La Porte Harris 78,900 8131/98
95 HOME B M 38 Male 33,219 3 Caretaker M County La Porte Harris 78,328 7/23/98
95 HOME W F 41 Female 28,853 2 Rebate Clerk S County La Porte Harris 83,000 11110J98
95 HOME H M 29 Male 42,388 4 Postal Carrier M County La Porte Harris 88,200 5/19/99
95 HOME H M 39 Male 40,591 5 Sandblaster M County La Porte Harris 74,350 6/7/99
95 HOME W F 31 Female 25,005 3 Billing Clerk S County La Porte Harris 73,000 7/28/99
95 HOME I M 34 Male 41,950 5 Supervisor M County La Porte Harris 99,500 8161'99 -
95 HOME B F 59 Female 22,844 2 Cook S County La Port8 Harris 74,900 8J9I99
Average Race Sex Age H. House Income .. in Home Pur. Price
95 HOME ($10,000) Hisp.-3 MaI&-5 38.25 Male -6 34,356.25 3.75 Married- 5 81,272.00
8 Bl8ck-2 Female-3 Female-3 SingJe-3
wtUt.2
1ndian-1
A Report by Phylli8 Golightly/ Program Administrator
8119J99
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NEIGHBORHOOD REVITAliZAiJON
PROGRAM .
':.:..: .
.. ... ..~ .
Administrated by
The Southeast Texas Housing Finance Corporation
(a Texas public non-profit)
PROGRAM GUIDELINES AND APPLICATION
July 1, 1998
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SOUTHEAST TEXAS HOUSING FINANCE CORPORATIO~
12621 Featherw~od. Sqi~~ 280: Houston,.TX 77034
Telephone- (281) 48.4-4663 Fax ("281) 4&4-1971
. ... .
.".- ",-
"
Harris County
HOME PROGRAM
NEW CONSTRUCTION I REVITALIZATION
The Southeast Texas Housing Finance Corporation (SETH) has received grant funds made available by the Harris
County Community Development Agency (HCCDA) from the U.S. Department of Housing & Urban Development
(HUD) through the Home Investment Partnership ("HOME-) Program. These funds will be available to home
buyers in an amount not to exceed Sl 0.000 per family to assist in the down payment and closing costs associated
with the acquisition of newly constructed affordable housing within the cities of Tomball, Deer Park, La Porte and
Shoreacres, Texas.
REQUIREMENTS:
.
The initial purchase price must not exceed Sll 5,200
The home must be new construction and be located in one of the above referenced cities
Buyer(s) must be able to qualify and obtain a Mortgage Loan
The home must remain the principal place of residence of the buyer(s) for at least five years
Buyer(s) family gross income cannot exceed the following amounts by family size:
.
.
.
.
Family size:
1
.2
.1
~
.i
~
1
.8
Income:
$30,300 $34,600 $38,950 $43,300 $46,750 $50,200 $53,650 $57,150
.
The housing must meet minimum Housing Quality Standards (HQS). all applicable local
codes, ordinances. zoning ordinances. and the cost-effective energy conservation and
effectiveness standards as outlined by HUD.
*
The property site must be approyed by the program administrator to comply with
program intent.
For more information or to obtain a program application. contact the Single Family Programs
Administrator at SETH or call (281)-A84-4663extension 27.
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HARRIS COUNTY
NEIGHBORHOOp REVITlllZATION PROGRAM
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Harris County, Texas (the County), .through Southeast Texas Housing Finance Corporation
(SETH),a Texas public non-profit has estaEilished a Homebu~ers Program (the Program). The
Program is funded through a HOME grant from the U. S. Department of Housing & Urban
Development under the Home Investment Partnership (-HOMEn) program.
The P/'Q9ram is designed to assist low income home buyers with the purchase of newly constructed
single-family residential properties. Assistance under the program may be provided to qualified
applicants in the fonn of down payment, and closing cost assislance.
GENERAL PROGRAM OVERVIEW
The Program is designed to assist low income home buyers purchase affordable, safe and decent
housing. The Program is available within the corporate limits of Deer Park, La Porte, Shoreacres,
and Tomball, Texas. SETH will administer the Program on behalf of the County
Program assistance is provided through the use of down payment assistance and closing cost
assistance, to be structured and agreed on by the home buyer, the real estate agent, the mortgage
lender, and SETH.
Applicants will locate the home they would like to purchase. Mortgages will be provided by
conventional low-income loan programs and FHA, VA or USDA-RD home loans. The direct
assistance to the home buyer will be up to $10,000, and will be in the fonn of a deferred forgiveness
loan. The loan will be forgiven after a five (5) year period (the recapture period) if all Program
requirements have been met. A secondary promissory note will be executed by the homeowner in
favor of the County, securing the deferred forgiveness loan. The home buyer should anticipate
contributing 3% of the purchase price of the home toward down payment costs. There is a minimum
investment of $500 from the home buyer. The average purchase price is anticipated to be
approximately $70,000.00. The maximum purchase price Will be $115,200.
Eligible properties will be newly constructed single-family properties that are for sale and that meet
Section 8 Housing Quality Standards (HQS), as well as all applicable local building codes,
ordinances, zoning ordinances, and the model energy code. Direct HOME assistance to the home
buyer will generally be limited to down payment, closing costs, and principal reduction.
In addition. SETH will provide home buyer and homeowner counseling. Each participant must
succesfully complete the home buyers course prior to loan closing
PROGRAM ADMINISTRATION
The Program will be operated in accordance with all applicable rules and regulations of the
Department of Housing and Urban Development (HUD) and the County. Administrative procedures
used to implement the Program will be added or modified to meet any changes made to such rules
and regulations of the above entities that may occur over time. Administrative authority for
operation of the Program will rest with the Program Administrator (Administrator) appointed by
SETH's Executive Director. The Administrator will serve as the approving office for Program
assistance. The Administrator will be responsible for carrying out the processing of applications for
assistance, recommendation for Program assistance, identification of property deficiencies,
preparation of security documents and any other required fonns, maintenance of Program records
as required by HUD and/or the County, and marketing and pUblic relation efforts as needed to
promote the Program.
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HOME BUYER ELIGIBILITY CRITERIA
~: :~<:\->.'
Eligible applicants for the Program must !'leet the following general qualifications:
Income Limit. Each families total gross earnings must be equal to or less than 80% of median
family income for the area, adjusted for family size, as defined by the most recenOy published HUe
Income Limits. The income limits for the Harris County ~rea are as follows:
Family Size:
Income:
1
30,300
2 .
34,600
3
38.950
4
43,300
Family Size:
Income:
5
46,750
6
50,200
7
53,650
8
57,150
SELECTION PROCESS
Application and Selection Process.
1. The prospective home buyers will submit a Program Application to Southeast Texas Housing
Finance Corporation with a $100 application fee. Applications will be date stamped upon receipt and
processed in order of receipt.
2. The Program Administrator will determine the eligibility of the applicant based upon rules and
regulations governing HOME programs. Administratively incomplete applications will be rejected if
the application is not completed in a timely manner. If the applicant is determined to be ineligible,
the Program Administrator will issue a letter of ineligibility.
3. If the applicant is found to be eligible, the Program Administrator will send a Letter of Commitment
detailing the necessary information that must be submitted within 30 calender days of the date of
the commitment letter. If the applicant cannot complete the necessary steps within the 30 day
period, the Commitment of funds will be revoked. A written request may be submitted for an
extention period not to exceed 15 calender days. An extension letter will be issued if circumstances
justify and if approved by SETH.
4. Prior to the expiration of the commitment period, all of the following must be completed.
A. The property site must be approved by the Program administrator.
B. The applicant must submit an executed Real Estate Purchase Agreement.
C. The applicant must submit a conditional approval from a lender.
e. The program administrator must receive third-party verification of all family income.
5. Prior to loan closing, all of the following must be completed.
A. The family must succesfully complete a home buyer education course.
B. The home must pass Housing Quality Standards (HQS) and all applicable building
requirements.
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OTHER PROGRAM REQUIREMENTS
Principal Residence. Homebuyers will be required to certify at the time they acquire an ownership
interest in the unit that they intend to occupy the unit as their principal residence during tHe
recapture period. Subleases, even if temporary, will not be allowed. Occupancy will be determined
through verification of utility consumption, or other verifications determined to be acceptable by
SETH.
Home Buyer's Counseling Certification. The bQrrower must successfully complete a home
buyer's counseling course approved by SETH. This course is available through SETH at a cost of
$50.00 which is an eligible closing cost, but can be administered by other approved organizations.
Recapture Provisions. If the first-time home buyer sells the property within the recapture period,
the full amount of the forgiveness loan that is not forgiven is subject to recapture, in accordance with
HOME regulations. This provision will be enforced by requiring that the HOME recipient executes
a note in favor of the County. .
Form of Ownership. Fee simple title is the acceptable form of ownership: All other forms of
ownership are subject to written approval by SETH.
Income verification. Although the financial institution's process for mortgage loan approval will
include an evaluation of income for the applicant, SETH will use the definition for income according
to criteria set out by HUD to determine total family income. Income verification will be valid for a six-
month period following receipt of information. If the home buyer does not occupy the property within
six months, income must be re-verified.
ELIGIBLE PROPERTY CRITERIA
Property eligible for purchase under the Program is any newly constructed single-family dwelling,
located within the boundaries of the corporate limits of Deer Park, La Porte, Tomball or Shoreacres,
Texas, whose purchase price does not exceed $115,200, and that meets Housing Quality
Standards as well as all applicable local building codes, ordinances, zoning ordinances, and the
model energy code.
The property site must be approved by the program administrator to comply with program intent.
The property site should not be located in, or be in immediate proximity to, a new subdivision. The
intent of the program is to provide assistance to families who wish to purchase newly constructed
homes in identified revitalization areas or older declining neighborhoods of the participating cities.
As a requirement for receipt of HOME funds, an appraisal of the property by the financial institution
providing the mortgage is necessary.
Owner-financed properties are not eligible under the Program.
If the property is located within the 100-year Flood Plain designated by the currently-published
Federal Emergency Management Agency flood plain maps, flood insurance must be maintained for
the term of the loan.
Prior to loan closing, the property must meet HUD Section 8 Housing Quality Standards (HQS
Standards). SETH will provide for all HQS inspections at a cost of $50.00 per home. This is also an
eligible closing cost.
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LOAN TERMS
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SETH shall use a five-year deferred forgivable loan note, to enforce the principal residence
requirement during the five year recapture period. The loan will be a nonrecourse, no-interest. five .
year non-amortizing forgivable loan. The loan shall have a second lienholder position, and will allow
for recapture of the HOME assistance out of the net sales proceeds if the homeowner sells the
dwelling before the end of the recapture period. If the HOME assisted property is sold after the end
of the recapture period, no recapture provisions apply. If the net proceeds are not sufficient to "
recapture the full HOME investment plus enable the homeowner to recover the amount of the ""
homeowner's down payment, principal payments, and any capital improvement investment, the
HOME investment to be recaptured may be pro rated based on the time the homeowner has owned
the home and occupied the unit measured againsf the required recapture period. However, the
homeowner will not be allowed to recover more than the amount of the homeowner's down
payment, principal payments, and any capital improvement investment. The terms of the note will
be extinguished if the private lender forecloses. Refinancing will only be allowed upon written
approval from SETH. The note will be secured by a recorded Deed of Trust. SETH will charge a
$150 processing fee, which will be an eligible closing cost to be paid from assistance funds.
'.' -... ~
. " "
. ~ .,.. ".
UNIFORM RELOCATION ACT REQUIREMENTS
To comply with requirement of the Uniform Relocations Assistance and Property Acquisition Policies
Act of 1970. ~ of properties purchased with Program funds must sign the form "Notice of
Uniform Relocation Act Requirements." This form informs the owner-seller of the fair market value
of the property and that, although federal funds are involved in the purchase, the buyer does not
possess the power of eminent domain in acquiring the property.
FAIR MARKETING PROCEDURES
SETH will meet with local financial institutions and real estate agents to explain the Program, and
to request their participation. A list of participating financial institutions will be published in a
brochure, directed to potential applicants of the Program. The brochure will set out Program
objectives and requirements. The brochure and all application materials will be made available in
English as well as Spanish. The brochure will be distributed in accordance with the fair housing
outreach plan. Program information will also be made available to the public through local
newspapers. Press releases will be distributed to places that will reach potential low-income home
buyers such as local newspapers, social service agencies, churches, the local chamber of
commerce, supermarkets, apartment buildings, and other public places.
COMPLAINT RESOLUTION PROCEDURES
Should a complaint or dispute regarding determination of eligibility arise, the request for a
reevaluation must be submitted within ten working days of notification of ineligibility. The SETH
Program Administrator and a SETH Committee, appointed by the Executive Director will make final
rulings on all complaints.
July 1998
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- . . .. ..
Mail or deliver to: Sin21e Familv Proaram Administrator. Southeast Texas Housing FiDance Corporation. :. '. :..~~:; "'~ '.' :'.A
12621 Featherwood, Suite 280 . ..SlOOapplicationfeemustaccompanythisapplication....:. ""-?
Housabn, TX 17034
NEIGHBORHOOD REVITALIZATION PROGRAM
HOME Program AppUcatlon
Harris County
APPLICANT:
Name
(Last)
(First)
(Middle)
Marital Status
Date of Birth
Age
..
Soc. Sec. #
Employer
Employer's Telephone
Employer's Address
Your Occupation
Length of Service
CO-APPLICANT:
Name
(Last)
(First)
(Middle)
Relationship to applicant
Date of Birth
Age
Place of Birth
Soc. Sec. #
Employer
Employer's Telephone
Employer's Address
Occupation
Length of Service
******************************************************************************
******************************************************************************
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Current Address
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.... -:
Home telephone
Daytime telephone
Landlord's name
Landlord's telephone #
Landlord's address
How long at current address
Previpus addJ:ess
How many people reside at your current address
How many work or receive benefits
How many under 18
List the names, ages and the relationship to the head of household that will be residing in the
house: (excluding the Applicant and Co-Applicant)
*....*.********.*.***.********************************************************
(Name)
(Age)
(Soc. Sec. #)
(Relationship)
If any of the above family members or other individuals who will occupy the unit have income,
please provide the source, amount and/or the employer's address and telephone number:_
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Have you or the co-applicant owned a home at any time during the previous three year period?
No
Yes
If yes, please explain
How did you learn about ~s program?
HOUSEHOLD INCOME
--
Applicant's monthly gross income $
Source
Co-Applicant's monthly gross income $
Source
Other monthly incomelbenefits $
Address & Telephone Number
Source
Other monthly incomelbenefits $
Address & Telephone Number
Source
(Note: gross monthly income means before any deductions)
ASSETS
ITEM
V ALUE/BALANCE
NAME/ADDRESS OF
DEPOSITORY
ACCOUNT #
Checking
Checking
Savings
Savings
eo's
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Bond's
Other
Property
(Appraised Value)
(Less Mortgage Debt) = (Equity)
Address of the property you intend to purchase (note: must have street or road address, post
office box numbers or rural route numbers are not sufficient):
.-
Please provide the following information ifknown at this time:
Realtor
Telephone #
Lender
Telephone #
Builder (if any)
Telephone #
The willful falsification of any of the above information may subject the applicant(s) to denial of
participation in this program, and may subject the applicant(s) to civil or criminal prosecution.
Any misrepresentations or false statements may also cause the second lien to be callable and due
upon demand
Print Name of Applicant
Print Name of Co-applicant
Signature of Applicant
Signature of Applicant
HOME Program
Eliaibilitv Release Form
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SOUTHEAST TEXAS
HOUSING FINANCE CORPORATION
12621 . Feathenlcod, Ste 280
Houston, Texas 77034
281-484-4663
DATE:
Purpose: Your signature on this HOME Program Eligibility
Release Form, and the signatures of each member of your
household who is 18 years of age or older, authorizes the
above-named organization to obtain Information from a third
party relative to your eligibility and continued participation In
the:
HOME Homebuyer Assistance Program
Privacy Act Notices Statement: The Department of Housing
and Urban Development (HUD) is requiring the collection of
the information derived from this form to determine an
applicant's eligibility in a HOME Program and the amount of
assistance necessary using HOME funds. This information will
be used to establish level of benefits on the HOME Program:
to protect the Govemmenrs financial interest; and to verify the
accuracy of the information furnished. It may be released to
appropriate Federal, State, and local agencies when relevant,
. tf) civil, criminal, or regulatory investigators, and to
prosecutors. Failure to provide any information may result in
a delay or rejection of you erlQibility approval. The Department
is authorized to ask for this information by the National
Affordable Housing Act of 1990.
Instructions: Each adult member of the household must
sign a HOME Program Eligibility Release Form prior to the
receipt of benefit and on an annual basis to establish
continued eligibility. Additional signatures must be obtained
from new adult members whenever they join the household or
whenever members of the household become 1 a years of
age.
NOTE: THIS GENERAL CONSENT MAY NOT BE USED TO
REQUEST A COPY OF A TAX RETURN. IF A COPY
OF A TAX RETURN IS NEEDED, IRS FORM 4506,
-REQUEST FOR COPY OF TAX FORM- MUST BE
PREPARED AND SIGNED SEPARATELY.
Head of Household - Signature, Printed Name, and Date:
Family Member HEAD
X
Other Adult Member of the Household - Signature, Printed Name, and
Date:
Family Member #3
X
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.". ....
Information Covered: inquiries may be made about lams
Initiated by appDcanb1enanl " .
Verillcatlon
Required InlIIaII
Income (all sources)
AsSets (all sources) ."
Child Care Expense
Handicap Assistance
Expense
(if appncable)
Medical Expense (if :
appncable)
Federal Preferences :
Other Preferences
Other (list)
Dependent Deduction
- Full-Time Student
- HandicapJDisabled
Family Member
- Minor Children
Authorization: I authorize the above-named HOME
Participating Jurisdiction and HUD to obtain information about
me and my household that is pertinent to eligibility for
participation in the HOME Program.
I acknowledge that
(1) A photocopy of this form is as valid as the original.
(2) I have the right to review the file and the information
received using this form (with a person of my
choosing to accompany me).
(3) I have the right to copy information from this file and
to request correction of Information I beHeve
inaccurate. '
(4) All adult household members will sign this form and
cooperate with the owner in this process.
Head of Household - Signature, Printed Name, and Date:
(!j'" Member #2
--------------------
Other Adult Member of the Household - Signature, Printed Name, and
Date:
Family Member #4
X
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OWNER OCCUPIED REHABILITATION
PROGRAM
....
.,
..':?\
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Administered by
The Southeast Texas Housing Finance Corporation
(a Texas public non-profit)
PROGRAM GUIDELINES AND APPLICATION
May 1, 1999
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SOUTHEAST TEXAS HOUSING FINANCE CORPORATION
OWNER OCCIPIED REHABD..AITION PROGRAM
Harris County, Texas (the County), through Southeast Texas Housing Finance Corporation (SETH), a Texas public
non-profit has established an Owner Occupied Rehabilitation Program (the Program). The Program is funded
through a HOME grant from the U.S. Department of Housing & Urban Development under the Home Investment
Partnership ("HOME") program. The Program will improve at least 20 homes of seniors or disabled residen~ of
LaPorte, Shoreacres, Deer Park, and Tomball. .
GENERAl. PROGRAM OVER\1fflW
..
The Program is designed to assist low-income seniors and disabled residents of LaPorte, Deer Park, Shoreacres, and
Tomball in improving there living conditions through home repair. This assistance is provided as a grant as long as
residents agrees live in home for at least five years. SETH has developed this program as a housing preservation,
neighborhood revitalization strategy, and a mechanism for Economic Development
PROGRAM ELlGIBII.1TV CRlTF.RIA
EligIble applicants for the Program must meet the following general qualifications:
1. Owner-Occupied Home: Property must be applicants' Homestead, as indicated at the County Tax Office,
asking to be improved and must not have benefited from County with similar
assistance in the past for at least five years.
2.
Residency:
Applicant must be a resident of one of the participating cities, Deer Park, La
Porte, Shoreacres or Tomball as evidenced by utility receipts or other acceptable
proof.
3.
Income:
Each Family's total gross earnings must be equal to or less than 80% of the
median family income for the area, adjusted for family size, as defined by the
most recently published HUD Income Limits. The income limits for the Harris
County area are as follows:
Family Size: I
$30,300
2
$34,600
3
$38,950
4
$43,300
Family Size: 5
$46,750
6
$50,200
7
$53,650
8
$57,150
4. Special Needs Population: Be 62 years of age or older and/or disabled as defined in section 223 of the
Social Security Act or Section 102 of the Developmental Disabilities Assistance
and Bill of Rights Act.
5. Combined Annual Income: Includes all person's income over 18 in household
6. Insurance Requirements: Homeowners insurance is required for 5 years and if residence is located in the
Flood Way, flood insurance is needed.
7. Single Family Housing: Housing unit must be single family dwelling.
8. Housing Standards: Dwelling must meet HQS at minimum and Local Building Codes once
rehabilitation is complete.
9. Affordable Housing: The maximum after rehabilitation value of the property must not exceed 95% of
area median value.
SPENDING LIMITS
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This program shall be held to construction and related cost of no more than Twenty Thousand (20,OOO.OO)
PROGRAM ADMINJ~TRATION
The Program will be operated in accordance with all applicable rules and regulations of the Department of Housing
and Urban Development (HUD), LaPorte, Shoreacres, Tombal!, Deer Park, and the County. Administrative
procedures used to implement the Program will be added or modified to meet any changes made to such rules and
regulations of the above entities that may occur over time. Administrative authority for the operation of the Program
will rest with the Program Administrator (Administrator) appointed by SEm's Executive Director in accordance
with the terms of the contract between SEm and Hanis County. The Administrator will be responsible for
conducting application intake procedures, taking applications for qualified seniors and disabled, verifying eligibility,
maintenance of Program records as required by HUD and/or Hanis County, and contractor files.
".
APPLICATION PROCESS
1. Applicant will submit a Program Application to the Southeast Texas Housing Finance Corporation with
Copies of income lax returns and proof of residency. Applications will be date stamped upon receipt and processed
in order of receipt .
2. The Program Administrator will determine the eligibility of the applicant based upon rules and regulations
governing HOME programs. Administratively incomplete applications will be rejected if the application is not
completed in a timely manner. If the applicant is determined to be ineligible, the Program Administrator will issue a
letter of ineligibility.
3. Applications will be ranked by SEm's staff and schedule initial inspection for the top 20 applications. If an
applicant is found to be eligible, the Program Administrator will contact the applicant to schedule their initial
inspection.
Mail or deliver to: Program Administrator, Southeast Texas Housing Finance Corporation,
12621 Featherwood, Suite 280, Houston, Texas 77034.
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SOUTHEAST TEXAS HOUSING FINANCE CORPORATION
OWNER OCCUPIED REHABH.IATION PROGRAM
APPLICANT:
Name
(Last)
(First)
(Middle)
Address
Previous Address (if at current address less than two years)
Home Telephone
Business Phone
Marital Status
Date of Birth
...
Social Security #
Number of Persons in Household
Employer
Employer's Telephone
Employer's Address
Your Occupation
Length of Service
Income
Previous Employer
Previous Employer Telephone
Previous Employer's Address
Previous Occupation
Length of Service
Previous Income
Any Other Income
ASSETS
ITEM
V ALIJFJRALANCE
NAMFJ ADDRESS OF
DEPOSITORY
ACCOUNT#
Checking
Checking
Savings
Other
CO-APPLICANT:
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Name
(Last)
(First)
(Middle)
Address
Previous Address (if at cwrent address less than two years)
Home Telephone
Business Phone
Marital Status
Date of Birth
Social Security #
Employer
Employer's Telephone
Employer's Address
Your Occupation
I.ength of Service
Income
Previous Employer
Previous Employer Telephone
Previous Employer's Address
Previous Occupation
Length of Service
Previous Income
Any Other Income
ASSETS
lIEM
VAI.IIFJRAI.ANCE
NAME/ADDRESS OF
DEPOSITORY
ACCOUNT#
Checking
Checking
Savings
Other
Please list the names, ages and the relationship to the head of household that will reside in your home.
(Name)
(Age)
(Social Security #)
(Relationship)
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If any of the above family members or other individuals living in the home have income, please provide
the source, amount and the employer's address and telephone number:
I authorize Southeast Texas Housing Finance Corporation to verify all information provided in this
application. I also understand that if I am approved for participation in this program, the Southeast Texas
Housing Finance Corporation will order a Credit Report, which will be used for counseling pwposes
only.
Print Name of Applicant
Print Name of Co-Applicant':
Signature of Applicant
Signature of Co-Applicant
- . e Owner Occupied Rehabilitation Program
. Contractor Qualification Application . "
Page (; of 6. ;
CERTIFICATION & AGREEMENT By CONTRACTOR FOR QUALIFICATioN
RIGHT TO FINANCIAL PRIVACY ACT: This is to notify you, as required by the Right to Financial Privacy
Act of 1978, that Southeast Texas Housing Finance Corporation (SETH) (in accordance with the policies"and
procedures of the U.S. Department of Housing and Urban Development) has a right of access to financial
records held by any financial institution in connection with the consideration of your application for the SETH
Owner Occupied Rehabilitation Program Eligible Contractor's List. Financial records involving your
transactions will be available to SETH without further notice of authorization but will not be disclosed or
released to another Governmental Department or Department without your consent except as required or
permitted by law.
PENALTY FOR FALSE OR FRAUDULENT STATEMENT: U.S.C. Titlc= 18, Sec. 1001 provides:
''Whoever in any matter within the jurisdiction of any department or Department of the United States knowingly
and willfully falsifies. . . or makes any false, fictitious or fraudulent statement or representation, or makes any
false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry,
shall be fined not more than $10,000.00 or imprisoned not more than five years, or both.
THE UNDERSIGNED CERTIFIES THAT ALL INFORMATION IN THIS APPLICATION AND ALL
INFORMATION FURNISHED IN SUPPORT OF THIS APPLICATION .IS TRUE AND COMPLETE
TO THE BEST OF THE UNDERSIGNED'S KNOWLEDGE AND BELIEF.
~~~TION OF ANY QF XH1i.1l'{FOR:'~~~NN~::~~-m TllJS APru.CATION M~Y BE
OBTAINED FROM ANY SOURCE REQUL
Signature
Title
Date
Title
Signature
Date
conuapp-slbenny/rehab
vefication of: Assets on Dep.:
.
A
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SOUTHEAST TEXAS .
HOUSING FINANCE CORPORATION
12621 Featherwood Drive. Suite 280
Hou&on.Texas77034 ,
(281) 484-HOME (4663) ;
Name of Business: Checking Average Current
Account Monthly Interest
. .No. Balance Rate
for Last
6 MOllths
Address:
-
.
I
Account Numbers: Savings Current Balance Current Interest
Accounts Rate
I
I
Other Amount Withdrawal Current Interest
Account No. , Penalty Rate
I
I
:
RELEASE: I hereby authorize the release of the requested
information. Signature of , or
Authorized Representatiye
(Signature of Applicant) I
Date:
Title:
or I
Date: -
A copy of the executed "General Release Form, " which
authorizes the release of the information requested, is
attached. Telephone: I
WARNING: Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony for
knowingly and willingly making false or fraudulent statements to any department of
the United States Government. . ;
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REOUES.R CITY COUNCIL AGENDA ITE_
_ Report _ Reso
Department: Administration
Agenda Date Requested:
Requested By: John Joerb
x
Ordinance
Exhibits:
1. Ordinance No.
2. TIRZ No. l/Project Plan and Reinvestment Zone Financing Plan (provided separately with Agenda)
SUMMARY & RECOM:MENDA nON
At the March 15, 1999 meeting, Council approved the Preliminary Financing Plan for Tax Increment
Reinvestment Zone Number One.
Since then, the plan has been refined, incorporating certain features resulting from continued discussions with
LPISD and Harris County. The table of eligible and ineligible projects is built around the City's adopted
guidelines for eligible projects.
The plan contains the following:
. An overview
. The proposed LPISD participation rate
. The proposed Harris County participation rate
. Table of eligible projects
. Table of ineligible projects
. Maps showing improvements
. Current total appraised value of taxable property in the Zone
. Estimated captured appraised value of the Zone
The TIRZ Board of Directors reviewed the draft Project Plan at their August 4 workshop meeting. The plan
Council is considering tonight was approved by the Board of Directors at their August 11 meeting.
The plan is based on current projections and expectations for TIRZ No.1. If conditions change the plan can later
be amended or modified.
It is recommended that Council take action on this item tonight to reduce concern over future interpretations of
State Law regarding participation by school districts after August 31, 1999. LPISD will consider approval of the
plan on August 24, 1999.
Action Required by Council:
Consider approval of Ordinance No approving a Project Plan and Reinvestment Zone Financing
Plan for the Tax Increment Reinvestment Zone No.1.
Availability of Funds:
General Fund_ Water/Wastewater
_ Capital Improvement_ General Revenue Sharing
Other
Aooroved for City Council Ae:enda
R<\ ~ )? \q-qq
.
Account Number:
Funds Available: YES NO
Robert T. Herrera
City Manager
Date
e ORDINANCENO.99-~~~.
AN ORDINANCE APPROVING A PROJECT PLAN AND REINVESTMENT ZONE FINANCING
PLAN FOR TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE,
TEXAS; 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 approyes a Project Plan and Reinvestment Zone
Financing Plan for Tax Increment Reinyestment Zone Number One, in substantially the form as shown in
the document which is attached hereto and incorporated herein by this reference.
Section 2.
The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code;
and that this meeting has been open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 3.
This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AND APPROVED, this
J3rD day of ~, 1999.
. Z~FLAPORTE /1'
By. ~?{l~~~
/NQTman L. alone "-
Mayor
ATTEST:
-1rJauiJ~(), ~
Mhtha A. Gillett
City Secretary
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TAX INCREMENT REINVESTMENT ZONE NUMBER ONE
CITY OF LA PORTE, TEXAS
PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN
August. 11, 1999
Prepared By:
City of La Porte Staff
Hawes Hill & Patterson Consultants, L.L.P.
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REOUEST'OR CITY COUNCn.. AGENDA ITE'
Agenda Date Requested;
Requested By: John Joe
st 23 1999
Department: Administration
X Ordinance
Exhibits:
1. Ordinance No.
2. Interlocal Agreement Between City of La Porte, LPISD, and Reinvestment Zone Number One
SUMMARY & RECOMMENDATION
A key feature of a Tax Increment Reinvestment Zone is the Tax Participation Agreement between the City, the
Board, and the participating taxing entities. La Porte Independent School District has been asked to participate
in the TIRZ to a point that is revenue neutral. This means the District, under their funding formula, will not lose
tax revenues that would normally go to their general fund. This agreement provides for LPISD participation at
100% of the tax increment attributable to LPISD. The approved Project and Reinvestment Zone Financing Plan
estimates $0.86/100 valuation to be dedicated to non-educational project costs and $0.64/100 dedicated to
educational project costs.
La Porte Independent School District will consider approving this Interlocal Agreement at their meeting on
August 24, 1999 and the TIRZ Board of Directors will consider approval at their August 25, 1999 meeting.
This agreement is currently being reviewed by legal counsel for both the City and La Porte Independent School
District. Any changes should be minor and will be presented to Council on Monday night.
It is recommended that Council take action on this item tonight to reduce concern over future interpretations of
State Law regarding participation by school districts after August 31, 1999.
Action Required by Council:
Consider approval of Ordinance No. approving an Interlocal Agreement between the City of La Porte, La
Porte Independent School District, and Reinvestment Zone Number One, City of La Porte, Texas.
Availability of Funds:
General Fund_ WaterlWastewater
_ Capital Improvement_ General Revenue Sharing
Other
Aooroved for City Council A2enda
~-r~
Robert T. Herrera
City Manager
8-\q..q~
Date
Account Number:
Funds Available: YES NO
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ORDINANCE NO. 99 -,. 3.5"3
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, AND
REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS; 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.
Section 2.
The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code;
and that this meeting has been open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The
City Council further ratifies, approyes and confrrms 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.
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ORDINANCE NO. 99-
PASSED AND APPROVED, this
J:VD day of ~, 1999.
By~F LAPOR~
Norman ~
"" L..
Mayor
ATTEST:
vf(}~tl )ldtU/
Martha A. Gillett
City Secretary
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BOARD OF TRUSTEES
LAPORTE INDEPENDENT SCHOOL DISTRICT
Minutes
COpy
SpeciallWorkshop Meeting
Board Room, Administration Building
AugUst 24, 1999
Present:
Mike McLaughlin, Henrietta Allen, Bill Baker, Jay Guillot, and
Gordon Westmoreland. Absent: Rachel Hampton and Charlie Perry.
Administrators:
Drs. Sawyer, lIes, Pitre, and Mike Clausen, David Webb, other
administrators and staff.
I. OPENING
At. 6:00 pm, President McLaughlin called the meeting to order and
announced that a notice of the meeting had been posted in a ~anner
required by law, and that a quorum was present.
(President McLaughlin moved to the "Action" items in the BusinesslInstruction sections.)
m. BUSINESS
2. Henrietta Allen moved, seconded by Bill Baker, to approve budget
amendments for the 1998-99 year as presented. Motion carried
unanimously. (Attached to bound minutes)
3. David Webb, Assistant Superintendent for Business, CFO, discussed
the proposed contract with Perdue, Brandon, Fielder, Collins & Matt
for a self-audit of taxable values used by the Comptroller's Office.
Perdue, et all is our delinquent tax collection agency. Approval will
. be scheduled at the September 14 regular meeting.
1.. Bill Baker moved, seconded by Jay Guillot, to approve the lnterlocal
Participation Agree~ent with the City of La Porte for the TIRZ
Number One. Motion canied unanimously. (Attached to bound
minutes)
Spec/Workshop Mtg. - 8/24/99
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IV. INSTRUCTION
1.. Bill Baker moved, seconded by Henrietta Allen, to approve the
Ed-Flex Waivers. Motion carried unanimously. (Attached
to bound minutes)
ll. PRESENTATION
DR. GARY GORDON, of the Gallup organization, discussed results of
the District's 1999 Gallup Poll and pointed out the overall increases from
last year's poll. (Attached to bound minutes)
President McLaughlin solicited Trustees/Superintendent for specific Agenda items .
to be discussed in Closed Session. Mr. Baker requested adjourning to Closed
Session concerning a question he had on a personnel matter that had been reported
in his packet.
At 7:02 pm, the Board recessed the Open Session to convene in Closed Session under
Section 551.074 for the purpose of considering the appointment, employment, evaluation,
reassignment, and duties, discipline or dismissal of a public officer(s) or employee (s),
or to hear complaints or charges against a public officer or employee.
At 7:37 pm, the Board adjourned the Closed Session and reconvened in Open Session.
V. OPERATIONS
Mr. Larry Purcell, Purcell Construction, addressed the Board concerning
the events and circumstances that occurred in trying to meet the July 19,
1999 deadline for completion of the La Porte Junior High renovations.
Mr. Gerald Hurley, Bay Architects, also requested time to speak at the next
Board meeting on September 10.
VI. TECHNOLOGY
Jim Schul, ExecutilJe Director for Technology, CIO. reported on the status of
current Telecommunications Infrastructure Fund (TIF) Grant. Mr. Schul
reported that the grant of some $159,999 would allow Rizzuto, Reid, and Bayshore
Elementary Schools to be wired with the districtwide network.
Spec/Workshop Mtg. - 8/24/99
2
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VIn. ADJOURNMENT
At 8:10 pm, Bill Baker moved, seconded by Jay Guillot to adjourn the meeting:
Motion carried unanimously. .
President Mclaughlin reminded all of the TOWN HALL MEETING and Staff Goal
Update to be held on ThUrsday, September 2, 1999-in the Board Room.
VII. WORKSHOP
At 8:12 pm, Dr. Richard Griffin, Harris County Department of Education,
conducted a workshop for Board members on "Superintendent's Appraisal
. Process. II
In attendance were Henrietta Allen, Mike McLaughlin, Bill Baker, Jay
Guillot, and Gordon Westmoreland.
~'M\:f~
MIKE McLAUGlll..IN, P IDENT
BOARD OF TRUSTEES OF TIIE
LA PORTE INDEPENDENT SCHOOL DISTRICT
CHARLIE G. PERR , SE
BOARD OF TRUSTEES OFi HE
LA PORTE INDEPENDENT SCHOOL DISTRICT
Spec/Workshop Mtg. - 8/24/99
3
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THE STATE OF TEXAS ~
~ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF HARRIS ~
INTERLOCAL AGREEMENT
LPARTIES
A. Address
TIllS INTERLOCAL AGREEMENT (IIAgreementll) is made by and between the CITY OF
LA PORTE, TEXAS (IICityll), a municipal corporation and home-rule city of the State of Texas
principally situated in Harris County, acting by and through its governing body, the City Council; the
LA PORTE INDEPENDENT SCHOOL DISTRICT (CCLPISD"), located at 1002 San Jacinto Street,
La Porte, Texas 77571; and REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE,
TEXAS (IILa Porte Zone II), a reinvestment zone created by the City of La Porte pursuant to Chapter
311 of the Texas Tax Code, acting by and through its Board of Directors. This Agreement is made
pursuant to Chapter 791 of the Texas Government Code and Section 311.013 of the Texas Tax Code.
The initial addresses of the parties, which one party may change by giving written notice of its
changed address to the other parties, are as follows:
City
LPISD
Superintendent or Designee
La Porte Independent School District
1002 San Jacinto Street
La Porte, Texas 77571
City Manager or Designee
City of La Porte
604 West Fairmont Parkway
P.O. Box 1115
La Porte, Texas 77572-1115
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La Porte Zone
La Porte Reinvestment Zone
City of La Porte
P. O. Box 1115
LAPORTE, Texas 77572-1115
Attn: John Joems
B. Index
The City, LPISD and the La Porte Zone hereby agree to the terms and conditions of this
Agreement. This Agreement consists of the following sections:
Section
I.
Parties
1
ll.
Definitions
5
m.
Background
6
N.
Obligations ofLPISD
7
v.
Obligations of City and
La Porte Zone
11
VI.
Term and Termination
14
VII.
Miscellaneous
15
c. Parts Incoroorated
All of the above described sections and documents are hereby incorporated into this Agreement
by this reference for all purposes.
IN WITNESS HEREOF, the City, LPISD and the La Porte Zone have made and executed this
Agreement in multiple copies, each of which is an original.
AMJ\176718.1\INTERLOCAL AGRMN.PISD\3668.4
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CI1)' OF LA PORTE ,..
/. ,., '-?:..~Z '0 b (j .
/ /17/(;:i1 ~/1 ~o ~------!' - :; 3 -l/Cf
Mayor Date
G~ T~ ~
City Manager
9- ;).3- qq
Date
ATTEST/SEAL:
v/YV;n k a 1:i;1/JI/ & - :2.3 -1 'f
5;Secretar; Date
APPROVED AS TO FORM:
g -l3 -1'1
Date
LA PORTE INDEPENDENT SCHOOL DISTRICT
AMJ\176718.I\INTERLOCAL AGRMru.PISD\3668.4
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REINVESTMENT ZONE NUMBER ONE
CITY OF LA PORTE, TEXAS (La Porte Zone)
BY:~~?~:;r~+2~i-~q~
ATTEST/SEAL:
By ~t2t:::L f/~[-7?
: S~, Board of Directors Date
[The remainder of this page is intentionally left blank.]
AMJ\1 7671 8. \ \INTERLOCAL AGRMT\LPISD\3668.4
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IT. DEFINITIONS
As used in this Agreement, the following terms shall have the meanings set out below:
"Administrative Costs" means the costs of organizing the La Porte Zone, the costs of operating
the La Porte Zone and the imputed administrative costs associated with the La Porte Zone, including
reasonable charges, but not to exceed $25,000 each per year for the City and LPISD, for the time spent
by employees of the City and LPISD in connection with the implementation of the project plan.
"Agreement" means this agreement between the City, LPISD and the La Porte Zone.
"Agreement Tenn" is defined in Section VI.
"Captured Appraised Value" means the captured appraised value of the La Porte Zone as
defined by Chapter 311, Texas Tax Code.
"City" is defined in Section I of this Agreement and includes its successors and assigns.
"Educational Facilities" means the equipment, real property and other facilities including a
public school building, that are used or intended to be used jointly by the City and LPISD and that are
acquired, constructed or reconstructed pursuant to the Project Plan.
"La Porte Area" means the La Porte area of the City and neighboring areas, as more
particularly described in City of LA PORTE Ordinance No. 99-2325.
"La Porte Zone" means Reinvestment Zone Number One, City of La Porte, Texas (La Porte),
created by the City on May 24, 1999, expanded on August 9, 1999, and includes its successors and
aSSIgns.
AMJ\176718.1\INTERLOCAL AGRMN.PISD\3668.4
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"LPISD" is defined in Section I of this Agreement and includes its successors and assigns.
"LPISD Tax Increment Participation" means the amount of the LPISD tax levy on the
Captured Appraised Value which LPISD agrees to contribute to the La Porte Zone pursuant to
Subsections A, B and C of Section N of this Agreement.
"Project Costs" means the costs identified as "project costs" in the Project Plan for the La Porte
Zone.
"Project Plan" means the project plan and the reinvestment zone financing plan for the La Porte
Zone adopted by the board of directors of the La Porte Zone and approved by the City Council of the
City on August 23, 1999, by Ordinance No. 2352, and as may be further amended from time to time.
"Tax Increment Fund" means the tax increment fund created by the City for the La Porte Zone.
Otherwise, the terms used herein shall have the meanings ascribed to them in Chapter 311,
Texas Tax Code, or the Texas Education Code, as applicable.
ID. BACKGROUND
By Ordinance No. 99-2325, adopted May 24, 1999, the City created the La Porte Zone for the
purposes of development and redevelopment in the La Porte Area. The Board of Directors of the La
Porte Zone adopted a project plan and reinvestment zone financing plan, which was approved by the
City on August 23, 1999, by City of La Porte Ordinance No. 2352. The City currently contributes tax
increments produced in the La Porte Zone to the Tax Increment Fund. LPISD desires to participate in
the La Porte Zone in consideration for the agreements set forth below.
LPISD hereby acknowledges receipt of notice of the initial creation of the La Porte Zone prior
to May 31, 1999.
AMJ\176718.1\INTERLOCAL AGRMnLPISD\3668.4
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W.OBUGATIONSOFLP~D
A. Tax Increment Participation by LPISD
For and in consideration of the agreements of the parties set forth herein, and subject to the
remaining subsections of this section, LPISD agrees to participate in the La Porte Zone by contributing
one hundred percent (100%) of the tax increment produced in the La Porte Zone attributable to LPISD
to the Tax Increment Fund during the term of this Agreement.
B. Option to Reduce Participation
In circumstances where there is not a loss caused by a change in law such that Section IV.E.
applies, upon written notice to the City, LPISD may reduce its LPISD Tax Increment Participation
from year to year and for any tax year beginning in January of the year after the notice is given and
subsequent years to a rate not less than $0.86 per $100 valuation. Any such reduction shall reduce the
aggregate amount paid to LPISD for Educational Facilities Project Costs pursuant to Section V.C. by
the total aggregate amount of the reduction of tax increments paid to the City as a result of such
reduction in the LPISD Tax Increment Participation.
AMJ\176718.1\INTERLOCAL AGRMnLPISD\3668.4
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c. Tax Increment Limitation
Subject to the limitations set out in this Agreement, the amount to be contributed by LPISD
(the "LPISD Tax Increment Participation") is the amount of taxes collected by LPISD each year during
the terms of this Agreement by levying a tax at a tax rate of$0.86 per $100 valuation on the Captured
Appraised Value. If the LPISD tax rate is less than $0.86 per $100 valuation, then the LPISD Tax
Increment Participation is the total amount of taxes collected by LPISD at the actual tax rate ofLPISD
on the Captured Appraised Value. Taxes collected by LPISD on the Captured Appraised value as a
result of an LPISD tax levy greater than the tax rate of $0.86 per $100 valuation shall be retained by
LPISD. Taxes collected by LPISD in any year on actual Captured Appraised Value that exceeds the
estimate of Captured Appraised Value for that year shown in the Project Plan approved before
September 1, 1999 shall be retained by LPISD.
LPISD's Tax Increment Participation and obligation to participate in the La Porte Zone shall be
restricted to its tax increment collected on the Captured Appraised Value in the La Porte Zone.
LPISD shall not be obligated to pay its LPISD Tax Increment Participation from other LPISD taxes or
revenues until the LPISD Tax Increment Participation in the La Porte Zone is actually collected. The
obligation to pay the LPISD Tax Increment Participation shall accrue as taxes representing the LPISD
tax increment are collected by LPISD and payment shall be due as provided in section 311.0 13( c) of
the Texas Tax Code. Except as required by law, the City and the La Porte Zone agree that no interest
or penalty will be charged to LPISD for any late payment received from LPISD.
D. Shared Educational Facilities
LPISD agrees that the City will be permitted to use the grounds and facilities of any
Educational Facilities acquired, constructed or reconstructed with or financed by monies from the Tax
AM.I\I 76718. 1\INTERL0CAL AGRMnLPISD\3668.4
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Increment Fund, and that LPISD and the City will negotiate use agreements for such use. LPISD will
allow the City to use, at no cost to the City other than proportionate utility, maintenance and building
personnel costs of LPISD, ball fields, tennis courts and other outdoor recreational areas, indoor
recreational areas, lunchrooms, and other assembly areas of the Educational Facilities constructed with
or financed by monies from the Tax Increment Fund for municipal recreational and meeting purposes,
at all reasonable times to be agreed to by the City and LPISD that LPISD is not conducting school or
other related activities at the facilities. . LPISD shall identify annually for the City and the La Porte Zone
those Educational Facilities that are required, constructed or reconstructed or financed with monies
from any City Reinvestment Zone created pursuant to Chapter 311 of the Texas Tax Code.
E. Changes in Applicable Laws
Notwithstanding any other provision of this Agreement, in the event and to the extent that
Texas law applicable to LPISD or tax increment reinvestment zones is changed subsequent to the
effective date of this Agreement, or there is any interpretation, ruling, order, decree or court decision
interpreting existing or subsequently enacted law applicable to LPISD or tax increment reinvestment
zones, whether administratively by the Texas Education Agency, the Comptroller of Public Accounts
of the State of Texas, the Attorney General of the State of Texas, or by a court of competent
jurisdiction, with the result that the participation of LPISD in the La Porte Zone decreases the
aggregate amount of the state and local funds available to or received in any school year by LPISD
during the term of this Agreement that would otherwise be available to or received by L~ISD in such
school year if LPISD was not participating in the La Porte Zone during that year, as determined by
LPISD subject to the review by the City as to the accuracy of the calculations, LPISD's Tax Increment
Participation shall, at the option of LPISD, be reduced in an amount equal to the amount of the
AMJ\176718.1\INTERLOCAL AGRMnLPISD\3668.4
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decrease in the aggregate state and/or local funding available to or received in that school year by
LPISD during the tenn of this Agreement as a result of LPISD's participation in the La Porte Zone.
"State and local funds" for purposes of this section are defined in chapters 41, 42 and 46 of the
Education Code but do not include the amounts paid by LPISD into the Tax Increment Fund pursuant
to this agreement. Additionally, without limiting the foregoing, if any such ruling or interpretation does
not allow LPISD to exclude the value of new improvements to, or the increase in value of, properties
located in the La Porte Zone after September 1, 1999, from the calculations for state funding purposes,
then any such added value, at the option ofLPISD, shall not be included in the LPISD Tax Increment
Participation.
Nothing in the Section shall require the City or the La Porte Zone to pay LPISD Educational
Facilities Project Costs with any funds other than the position of the Tax Increment Fund attributable
to the LPISD Tax Increment Participation.
For any LPISD fiscal year that LPISD intends to decrease its participation in the La Porte Zone
pursuant to this Article, LPISD's calculation of the decrease will be provided to the City no later than
15 months following the end of such fiscal year, or six months following any such interpretation, ruling,
order or decree, and the City shall have 2 months to review LPISD's calculations. If LPISD submits
the calculation after the payment of its tax increment for the applicable year, the deductions shall be
made from LPISD's future payments ofLPISD Tax Increment Participation.
F. Expansion of La Porte Zone
LPISD's participation shall not extend to the tax increment on any additional property added to
the La Porte Zone by the City unless the Board of Trustees ofLPISD approves the participation.
AMJ\176718.I\INTERLOCAL AGRMN.PISD\3668.4
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G. Board of Directors
LPISD shall have the unequivocal right to appoint to and maintain one (1) member on the La
Porte Zone Board of Directors. Failure ofLPISD to appoint a person to the Board of Directors of the
La Porte Zone by December 31, 1999, shall be deemed a waiver of LPISD's right to make an
appointment. LPISD may also appoint and maintain as many nonvoting ex officio members on the La
Porte Board of Directors as LPISD may desire.
V. OBLIGATIONS OF CITY AND LA PORTE ZONE
A. Street Right of Way
To the extent requested by LPISD, the City and the La Porte Zone agree that monies from the
Tax Increment Fund shall be used, at no cost to LPISD, to pay to the City the following costs that
otherwise would be incurred by LPISD with respect to the construction and operation of any
educational facilities constructed by or on behalf of LPISD in the La Porte Zone pursuant to the
Project Plan: (a) the cost of abandonment of any street right of way by the City on behalf ofLPISD and
(b) the cost of water and sewer utility connections and construction outside the boundaries of LPISD
property (collectively, "School Support Expenses"). The City shall use the proceeds obtained from
payments made pursuant to the preceding sentence for infrastructure improvements or other projects
identified in the La Porte Zone Project Plan.
B. Project Plan
The parties agree that the Superintendent of Schools of LPISD shall be pennitted to review
and comment upon any amendments to the La Porte Zone Project Plan before the amendments are
submitted to the City Council for City approval. Any La Porte Zone Project Plan shall provide
Educational Facilities Project Costs for LPISD Educational Facilities within the La Porte Zone or the
AMJ\176718.I\INTERLOCAL AGRMnLPISD\3668.4
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City. The parties further agree that an amendment to the Project Plan occurring after September 1,
1999, shall not apply to LPISD unless the Board of Trustees ofLPISD or its duly authorized designee
approves the amendment to the Project Plan, if the amendment to the Project Plan:
1. has the effect of directly or indirectly increasing the percentage or
amount of tax increment to be contributed by LPISD;
2. requires or authorizes the City to issue additional tax increment bonds
or notes; or
3. eliminates or reduces Educational Facilities Project Costs.
In the event the City and the La Porte Zone amend the Project Plan to provide for any portion
of the Tax Increment Fund to be used for costs of elementary or secondary school facilities for any
entity other than LPISD without the prior consent of the Board of Trustees of LPISD, LPISD shall
have the right to tenninate this agreement. The City and the La Porte Zone shall not use any portion of
the LPISD Tax Increment Participation for the construction, renovation, repair, maintenance, lease,
purchase or financing of any educational facilities serving postsecondary students without the prior
written approval of the LPISD Superintendent of Schools, but may use the Tax Increment Participation
contributed by participating taxing units other than LPISD for such purposes, provided that a taxing
unit providing educational services to postsecondary students in such educational facilities contributes
100 percent of its tax increment produced in the La Porte Zone to the Tax Increment Fund from the
date of its participation until the termination of the La Porte Zone.
C. Financing and Construction of Educational Facilities
A portion of the LPISD Tax Increment Participation equal to the amount of taxes collected by
LPISD each year during the term of this Agreement by levying a tax at a rate of $0.86 per $100
AMJ\I 76718. IUNTERLOCAL AORM'N.PISD\3668.4
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valuation on the Captured Appraised Value, and interest earned thereon, shall be applied to the
payment of non-educational facilities Project Costs, including Administrative Costs and School
Support Expenses. The remaining portion of the LPISD Tax Increment ParticipatioJl, and interest
earned thereon, shall be paid to LPISD by the City, the La Porte Zone or the La Porte Redevelopment
Authority on an annual basis to be used by LPISD for Educational Facilities Project Costs, within the
La Porte Zone or the City.
All funds paid to LPISD pursuant to this Section V.C. shall come from the La Porte Zone
LPISD Tax Increment Participation. Neither the City nor the La Porte Zone shall ever be obligated to
set aside for or pay to LPISD any funds other than LPISD's portion of funds derived from the La Porte
Zone, nor shall the City or the La Porte Zone ever be obligated to expend any funds other than funds
made available by LPISD after payment pursuant to this Section V.C. to finance, acquire, construct or
reconstruct any Educational Facilities Projects Costs.
D. Control of Educational Facilities
The parties agree that all decisions regarding location, acquisition, construction, reconstruction
and educational content of LPISD educational facilities in or to serve the La Porte Zone will be in the
control of LPISD. Nothing in this subsection shall be construed to relieve LPISD of the obligation to
comply with all City ordinances and regulations applicable to the construction and operation of any
educational facility by or on behalf ofLPISD.
AMJ\176718.1\INrERLOCAL AGRMN.PISD\3668.4
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VI. TERM AND TERMINATION
A. AgreementTenn
This Agreement shall be effective as of August 31, 1999, and shall remain in effect until
December 31, 2030, provided that LPISD shall have the option to terminate this Agreement effective
December 31,2018 by giving the City 30 days prior written notice ofLPISD's intention to tenninate.
The first payment of increment taxes by LPISD under this Agreement shall be for those taxes levied by
LPISD in the year 2000 and the last payment by LPISD under this Agreement is for those taxes levied
by LPISD in the year 2029.
B. Early Tennination
The City shall not adopt an ordinance terminating the La Porte Zone earlier than the duration
of the La Porte Zone established in Ordinance No. 99-2325, without the prior consent of LPISD,
provided that the La Porte Zone may otherwise terminate by operation oflaw.
C. Disposition of Tax Increments
Upon termination of the La Porte Zone, and if all Project Costs have been paid, the City and
the La Porte Zone shall pay to LPISD all monies including interest earned thereon remaining in the Tax
Increment Fund that are attributable to the LPISD Tax Increment Participation paid into the Tax
Increment Fund and shall pay to the City all monies, including interest earned thereon, then remaining
in the Tax Increment Fund attributable to the City.
AMJ\176718.I\INTERLOCAL AGR.Mru.PISDI3668.4
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VB. MISCELLANEOUS
A. Severability
In the event any tenn, covenant or condition herein contained shall be held to be invalid by any
court of competent jurisdiction, such invalidity shall not affect any other tenn, covenant or condition
herein contained, provided that such invalidity does not materially prejudice either LPISD, the City or
the La Porte Zone in their respective rights and obligations contained in the valid tenns, covenants or
conditions hereof
In the event any tenn, covenant or condition shall be held invalid and affects in any manner the
limitations on LPISD's contributions or participation, then this Agreement shall be void as to LPISD
and LPISD shall have no liability for any incremental or other payments as may otherwise be provided
for in this Agreement.
B. Entire Agreement
This Agreement merges the prior negotiations and understandings of the parties hereto
and embodies the entire agreement of the parties, and there are no other agreements,
assurances, conditions, covenants (express or implied) or other terms with respect to the
covenants, whether written or verbal, antecedent or contemporaneous, with the execution
hereof.
C. Written Amendment
Unless otherwise provided herein, this Agreement may be amended only by written instrument
duly executed on behalf of each party.
AMJ\1 7671 8. 1\INTERLOCAL AGRMT\LPISD\3668.4
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D. Notices
All notices required or permitted hereunder shall be in writing and shall be deemed delivered
when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal
Service post office or receptacle with proper postage affixed (certified mail, return receipt requested)
addressed to the respective other party at the address prescribed in Section I of this Agreement or at
such other address as the receiving party may have theretofore prescribed by notice to the sending
party.
E. Non-Waiver
Failure of any party hereto to insist on the strict perfonnance of any of the agreements herein
or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall
not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict
compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result
of any future default or failure of perfonnance.
F. Assignment
No party shall assign this Agreement at law or otherwise without the prior written consent of
the other parties.
No party shall delegate any portion of its performance under this Agreement without the
written consent of the other parties.
G. Successors
This Agreement shall bind and benefit the parties and their legal successors. This Agreement
does not create any personal liability on the part of any officer or agent of the City or of any trustee,
officer, agent or employee ofLPISD.
AMJ\176718.1\INTERLOCAL AGRMT\LPlSD\3668.4
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H. No Waiver of Immunity
No party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees,
officers, employees, and agents as a result of its execution of this Agreement and perfonnance of the
covenants contained herein.
AMl\176718. I\INTERLOCAL AGRMru.PlSD\3668.4
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REOUESfloR CITY COUNCIL AGENDA ITE'
Agenda Date Requested:
_ Report _ Resol
23 1999
Requested By: Louis Ri b
Administrative Services
Ordinance
Exhibits:
Ordinance
Special Warranty Deed
SUMMARY & RECOMMENDATION
The City received a request to sell the property located at the northeast comer of Fainnont Parkway and 4th Street. The
real estate agent representing the potential buyer included an offer of $50,000 in the request. An appraisal was
completed and estiinated value of the property was $47,000. The City placed notification in the paper soliciting bids
with a minimum bid of $50,000. The solicitation, as well as the special warranty deed, state that the City will retain a
sanitary easement, and that the property is being sold "as is, where is", with no implied or expressed warranty.
One bid was received from the individual who had made the initial request, for $62,125. The plan is to put a doctor's
office at this location.
Closing was originally scheduled for august 25th. The lending institution has requested an environmental survey, which
will delay the closing. Tonight, we are asking for council approve the sale of the property with the stipulation that if the
closing does not take place in a reasonable time, the offer will be void and the bid bond equal to 5% of the total bid will
be forfeited.
Staff recommends sale of the property.
Action Required by Council:
Adopt ordinance authorizing the sale of lots 12, 13, 14, 15, and 16, block 177, for $62,125.
Availability of Funds:
General Fund Water/Wastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number:
Funds Available: YES NO
Aooroved for City Council Ae:enda
G~ ,.~ ~"\"1"~"
Robert T. Herrera Date
City Manager
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ORDINANCE NO. 99- ~ 35' Y.
AN ORDINANCE AUTHORIZING AND APPROVING THE SALE OF LOTS 12, 13, 14,
15, AND 16, BLOCK 177, OF THE TOWN OF LA PORTE, HARRIS COUNTY,
TEXAS, TO THE HIGHEST BIDDER FOR CASH; AUTHORIZING EXECUTION OF A
SPECIAL WARRANTY DEED RETAINING A SANITARY CONTROL EASEMENT;
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
authorizes and approves the sale of Lots 12, 13, 14, 15 and 16,
Block 177, Town of La Porte, Harris County, Texas, to Dilip Patel,
M.D., the highest bidder for a cash bid of $62,125.00.
The City
Council authorizes the City Manager to execute, and the ci ty
Secretary to attest, the Special Warranty Deed retaining a sanitary
control easement, in form attached hereto, and any and all other
documents necessary documents to complete the conveyance.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
Ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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ORDINANCE NO. 99-~3S-1
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PASSED AND APPROVED, this 23rd day of August, 1999.
ATTEST:
1l~~.ife~'
City Secretary
APPROVED': /l
I - "I ~'< _
~d Z'--t/ ~~
Knox W. Askins
City Attorney
ZOFLA PORTE .
By: ~Lt~--
N an L. Malon
Mayor
PAGE 2
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Date:
A:::I:,W:~DEED c D p~
Grantor:
CITY OF LA PORTE
a municipal corporation
Mailing Address:
P.O. Box 1115
La Porte, TX 77572
Grantee:
DILIP PATEL, M.D.
Mailing Address:
410 East Fairmont Parkway
La Porte, TX 77571
Consideration: Ten and NO/100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements):
Lots 12, 13, 14, 15 and 16, in Block 177, of the Town of
La Porte, Harris County, Texas, according to the map or
plat thereof recorded in Volume 58, Page 460, of the Deed
Records of Harris County, Texas, and being a portion of
the property conveyed by Volume 2080, Page 149 of the
Deed Records of Harris County, Texas.
This conveyance is made and accepted subject to the following
restrictions, which shall constitute covenants running with the
land, and shall be binding on Grantee, its successors and assigns,
to-wit:
1. Sanitation control upon all of the herein conveyed property,
which is located adjacent to a deep water well, and
specifically prohibiting the construction and/or operation of
stock pens, feed lots, dump grounds, pri vies, cesspools,
septic tank drainfields, drilling of improperly constructed
water wells of any depth and all other construction or
operation that could create an insanitary condition within,
upon or across the above described tract of land;
2. Tile or concrete sanitary sewers, septic tanks and storm
sewers "are specifically prohibited on the above described
tract of land.
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3. This sanitation control permits the construction of homes or
buildings upon same, provided, however, that all stock pens,
feed lots, privies, tile or concrete sanitation sewers,
cesspools, septic tanks, storm sewers, septic tank
drainfields, drilling of improperly constructed wells of any
depth and other construction and/or operations that could
create an insanitary condition within, upon or across same are
specifically prohibited on the above described tract of land.
4. Farming and ranching operations are prohibited on the above
described tract of land.
THE PROPERTY IS HEREBY CONVEYED "AS IS", "WHERE IS" AND WITH ALL
FAULTS AND GRANTOR MAKES NO REPRESENTATIONS OR WARRANTY WHATSOEVER
WHETHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE
PROPERTY, THE AVAILABILITY OF UTILITIES, ACCESS OF THE PROPERTY TO
PUBLIC ROADS, APPLIANCES OR THE CONDITION, ADEQUACY OR SUITABILITY
OF THE PROPERTY FOR PURPOSES. GRANTEE AGREES THAT GRANTEE IS NOT
RELYING ON ANY WARRANTY OR REPRESENTATIONS OF GRANTOR OR ANY AGENT,
EMPLOYEE, REPRESENTATIVE, DIRECTOR OR OFFICER OF GRANTOR, AND THAT
GRANTEE IS BUYING THE PROPERTY "AS IS", "WHERE IS", SUBJECT TO ALL
FAULTS AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, MATERIALS, WORKMANSHIP, GOOD AND
WORKMANLIKE CONSTRUCTION, DESIGN, CONDITION, HABITABILITY,
TENANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR
THE ENVIRONMENTAL CONDITION OF THE PROPERTY AND THE PRESENCE OF OR
CONTAMINATION BY HAZARDOUS MATERIALS AND GRANTOR HEREBY DISCLAIMS
ANY SUCH WARRANTY. GRANTEE HAS DETERMINED ON GRANTEE'S BEHALF (I)
THE PHYSICAL CONDITION OF THE PROPERTY AND THAT THERE IS NO DEFECT
OR CONDITION WHICH IS UNACCEPTABLE TO GRANTEE, (II) WHETHER ANY
PORTION OF THE PROPERTY LIES IN ANY FLOOD PLAIN, FLOOD WAY OR
SPECIAL FLOOD HAZARD AREA, (III) WHETHER ANY GEOLOGICAL FAULT OR
UNSATISFACTORY SOIL CONDITION EXISTS ON ANY PORTION OF THE
PROPERTY, AND (IV) THAT ALL ENVIRONMENTAL CONDITIONS RELATING TO
THE PROPERTY ARE ACCEPTABLE TO GRANTEE.
Grantor for the consideration and subject to the reservations from
and exceptions to conveyance and warranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors to
warrant and forever defend all and singUlar the property to Grantee
and Grantee's heirs, executors, administrators, successors, and
assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof, by, through, or under Grantor
but not otherwise, except as to the reservations from and
exceptions to conveyance and warranty.
Page 2 of 3
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Reservations from and Exception to Conveyance and Warranty: Taxes
for the current year have been prorated and are assumed by Grantee.
This conveyance is made subject to all and singular the
restrictions, conditions, oil, gas, and other mineral reservations,
easements, and covenants, if any, applicable to and enforceable
against the above described property as reflected by the records of
the county clerk of the aforesaid county.
When the context requires, singular nouns and pronouns include the
plural.
By:
CITY OF LA PORTE
~~ T, ~~
ROBERT T. HERRERA
City Manager
ATTEST:
.a- a. JiiJ1i4
a tha A. Gillett
City Secretary
APPROVED:
Knox W. Askins
City Attorney
STATE OF TEXAS {
{
COUNTY OF HARRIS {
~ThiS instrument was acknowledged before me on the blj.c day of
~ , 1999, by ROBERT T. HERRERA, City Manager of the City
of a Porte, a municipal corporation:_ . UU....;. ~
ary . b , State of Texas
AFTER RBCORDING RBTURN TO:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
PREPARED IN THE LAW OFFICB OF:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
Page 3 of 3
.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: August 23. 1999
Requested By: S. Gillett S.tfd~epartment: Public Works
"/I
_ Report _ Resolution XX Ordinance
Exhibits:
Ordinance No. 99-235.46
Report on Bio Monitoring
Proposal from PBS&J Environmental
SUMMARY & RECOMMENDATION
The attached report on Bio Monitoring at the Little Cedar Bayou Wastewater Treatment Plant outlines the
recent problems experienced. The TNRCC permit to discharge treated wastewater requires the City to perform
a Toxicity Reduction Evaluation (TRE) to determine the cause and correct, if possible. Due to the technical
nature of the laboratory analysis required to perform the TRE, the City requested proposals from two (2) firms
recommended by the City's current laboratory.
The two firms, PBS&J Environmental Toxicology Lab and Still meadow, Inc. submitted proposals that were
similar in scope and cost. Both have recent experience in performing TRE's, but Stillmeadows' experience is
limited to industrial clients. PBS&J has recent experience with industrial and municipal clients, including the
cities of South Houston and Houston. It is recommended that the City of La Porte engage PBS&J to prepare
and execute the Toxicity Reduction Evaluation, and perform follow-up services as outlined in the Proposal.
Total estimated cost is $33,425, and includes monthly bio monitoring for twelve (12) months, as required, and
follow-up testing and analysis if needed. If no bio monitoring tests fail in the 12-month period, the city can
terminate the TRE and return to semi-annual bio monitoring. Funds for this Project are available in the current
and upcoming Wastewater Treatment operating budget.
S'
Action Required by Council: Approve Ordinance 99-235.4' authorizing the City Manager to execute an
agreement with PBS&J Environmental Toxicology Lab to perform professional services for a TRE program at
the Little Cedar Bayou Wastewater Treatment Plant.
Availability of Funds:
General Fund XX WaterlWastewater
_ Capital Improvement _ Other
Account Number: 002-7087-532-5007 Funds Available: lL YES NO
Approved for City Council Al!enda
(J\~ \~
Robert T. Herrera
City Manager
~-, q ~q~
Date
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ORDINANCE NO. 99- d b5'.s-
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND PBS&J ENVIRONMENTAL TOXICOLOGY LAB, TO PROVIDE
PROFESSIONAL SERVICES FOR ESTABLISHING A TOXICITY REDUCTION
EVALUATION (TRE); APPROPRIATING $33,425.00, TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
City Council appropriates the sum not to exceed
$33,425.00 from the utility Fund Wastewater Treatment Operating
Budget to fund said contract.
section 2. The City council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDZHANCE HO. 99-~3~~
PAGE 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 23rd day of August, 1999.
By:
CITY OF LA PORTE
I ..~
)/ll!;&. ;a?--
/NQrma'ri ~l e.
Mayor
ATTEST:
1;4a1i/1a.. (). Adtti1-
Ma ha A. Gillett,
City Secretary
--I
AP~ROVEn: ,1/
t;K:~ u/ ~
Knox W. ASkins,
City Attorney
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TJJe Vi asn:wm:r Discharge Permit issued to the City of La Pone's WasteWaIer Treatment
Plam by the Texas Namral Resomces Conservation Comm;c::aon (Thi'R.Cq requires Bio-
MoWrullug Samples be tested and n:snlts Ie"'1^'Ltcd for effluent toxicity on or before July
:om and J~! 20m oi each year. Tnis test dPr'Pn'l"lm~ the toxicity of a plant's eiflue:lI
I.rijc:r!t~" bv ~ test ()I'O";I'TTic::rns to the effine:tt for a oeriod of seven davs. The
-... - - ..-
roxiciIy level is rl~,...., 1I.;IIe!1 by the III1II1her of ~c::rnc:: dying over the period oftbe teS1:
as c.v~i:U.ed to the ~c::rnc:: in a comrol sample.
In ~ 1999. the Chronic Toxicity Bio-Moni:rorin~!es&: was mn on the pim:!r emnem.
T.ne teS1: failed on the sixth day of the teSt.. T.'le pe::miI :equires ~..esi: for two conse-=:mve
momhs.. In Jrme 1999 the :fim reteSt was nm and passed. In July 1999 !he second re'"..est
was run.. It failed on the third day of me teSt.
Th""RCC regu1a:rions and the Plam's permit require the City to perroon a Toxicay
Reduction Evaluation (TRE) upon the inability to get two consecurive passing samples.
WIthin 45 days of the last day of me rn;Jm~ reteSt. the facility must submit a General
Omline for iniriming a TRE to the Commission.
VI rthin 90 days of the last day of the fulling ~..est, the facility must submit a TRE Action
Plan and Schedule for conducting a TRE. Tne plan is a step-v.ise investigation
combining toxicity testing with physical and chemical analysis to determine actions
needed to eiimmm-... or reduce effluent toxicity to a point where the organic;mc:: are not
affected.
Within 30 days of submitting the TRE Action Plan, the facility must implement the TRE.
The effluent must be tested monthly for toxicity and, if fOlmd, steps must be taken to
identify the toxin. locate the source, and ensure the toxin will no 10n!zer be introduced
. . -
into the system. This may be from indUstrial andior commercial establishments
discharging into the sanitary sewer system or could be from internal plant problems. The
toxin may have been the result of an illegal "dump" or a one-time occurrence.
Regardless, the sampling must continue for an entire 12-month period.
Twelve (12) consecutive months of passing Chronic Toxicity Bio-Monitoring Samples
can be used as a basis for the facility to petition the TNRCC for cessation of the TRE.
Otherwise the fucility has a 28-month period in which to locate and remedy the toxic
release.
The City of La Porte identified two Houston-area laboratories that specialize in Toxicity
Reduction Evaluations. Both firms were invited to submit proposals outlining a proposed
scope of work to satisfy lNRCC requirements. methodology, and experience. Public
Works staff interviewed both firms, and recommends the firm ofPBS&J Environmental
Toxicology Lab as the most qualified. PBS&J has a long history ofTRE services, with
particular experience with municipal wastewater treatment plants. They currently hold
the contract to perform TRE services for the City of Houston on an as-needed basis. The
other firm. Stillmeadow, Inc.. has extensive experience performing TRE services for
industrial plants, but no municipal experience.
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_-\iIhougil both fiIms are qoalliied !O ~rm TRE services. the unique ~..eristics of
mmricipai wasteW'aIC: makes it more difficult to isoiaIe and identify toXic in:fluenc...'"S. The
wide variety or disdun"ges into municipal systemS prescn a tmique challenge to a firm
..ryWg ro UicIrify specific causes for toxic evCltS. Tlle firm ofPBS&J is well quali:iied to
~Li.U !his service for nmnici;ml cusmmc:s.
PSS&! has .st1.UI,,;rrP:O a;rroposai to ~.Lill 'IRE se:vices as follo~"S.
Task 3
P:epare IRE Omli:r!.~
"IRE Action Plan 2IlCi 5c~ericie
Momhly Bio moniroring
Task 4 Phase I Characl';'~; on.! ;on
Task 5 ConfTrmmon ofToxicam Tn~;;cation
Task: 6 R.."orrin~ and Consulrin~
Total Esrimm-~ Cost
T~c;ir :
5 500.00
:"000.00
: 0':00.00
8~25.00
i.700.00
4.500.00
S33,425.00
~ . ..,
.!.asK_
Tasks 1,2 & 3 are required services. Task 4 and 5 will be implemented only if a bio
monitoring teSt fails. Task 6 will be used. as needed. throughout the Project. The
estimated bllii~et ofS33.4"".OO will not be exceeded V.ithOUI written approval from the
City of La Porte.
The scope of work and proposed COst is based on prior experience of the fum ofPBS&J.
CoSts could eventually exceed this amount due to multiple toxicity events. or the inability
to identify the toxic cause. Converselv, the monthlv bio monitorin!Z could result in no
~ -.-
toxic events. Should this occur over the twelve-month period. the costs would be limited
to Tasks 1. 2 & 3.
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PBSIAnalytical
a ServIces
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..:""--.-----.......
Environmental Toxicology
Chemical Testing
. . '" .-..... -. - Field Services
4 August 1999
,; '"
,:-.\.:C
o ~ 'ace
,""'...,-
~r.Stephen L Gillett
Director of Public WorKs
City of La Porte
P.O. Box 1115
La Porte. IX 77572-1115
PSS&J Proposal No. 99991
City of La Porte
Wastewater Treatment Plant 001
TNRCC Permit No. 1 0206-001
NPDES Permit No. TX0022799
RE: Cost Proposal for Effluent Toxicity Reduction Evaluation (TRE) Services
Dear Sir.
PBS&J Environmental Toxicology Lab (PBS&J) is pleased to provide this cost proposal addressing a TRE for
the City of La Porte wastewater treatment plant 0NWfP} effluent This proposal is developed in accordance
with the City permits and is fully responsive to your requirements.
For your review, an effluent chronic biomonitoring test in May 1999 exhibited significant toxicity to Mysidopsis
bahia at the effluent Critical Dilution of 95%. A second retest in July 1999 has exhibited significant chronic
toxicity. The results of these biomonitoring failures as required by Section 4.a., page 27 must be submitted
within 20 days of completed test failure; the next requirement by the TNRCC is to submit, within 45 days a
general outline for initiating the TRE (see section 5.a.,pg 27) and within 90 days, submit a TRE Action Plan
(see: Section 5.b.,pg 27, TNRCC Permit). The TRE is initiated on the "test completion date of the failed
retest" .
The TNRCC permits require at least quarterly biomonitoring with the effected test species (M. Bahia) during
the TRE study period. The state permit has an "escape clause" (pg 29, section 5.e) for cessation of toxicity,
if no cause of toxicity is found. After a 12 consecutive monthly tests have been reported without toxicity, the
City may notify the state of its intent to cease the TRE study and resume a normal biomonitoring schedule.
The following Scope of Work provides a step-wise approach for the TRE process:
Scope of Work
Task 1 - TRE Outline
PBS&J will prepare a document to be submitted to the TNRCC containing general outline items to initiate the
TRE for the City of La Porte VVWTP. The EPA does not require this item. The outline will identify the project
team from the City and PBS&J. summarize the test data that initiates the TRE and any other data or facts
available concerning the toxic events.
Task 1 COST: (3 hrs Sr. Scientist + 2 hrs Clerical) not more than:
$500.00
ETOX Laboratory
888 W. Sam Houston Pkwy. S.. Suite 110. Houston. Texas 77042-1917 · Telephone: 713.977.1500 · Fax: 713.977.9233. www.pbsj.com
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PBS&J
ENVIRONMENTAL TOXICOLOGY LABORATORY
Mr Stephen L Gillett
City of La Porte
4 August 1999 - Page 2
task 2 - TRE Action Plan and Schedule
P9S&J will prepare a comprehensive TRE Action Plan and schedule to be submitted to the TNRCC and
copies to the Region 6 EPA officers. The Action Plan will provide a description of the technical approach and
methodologies as required forthe examination and characterization of a causative toxicant(s), a sampling plan
for toxicity tests and chemical analyses. a quality assurance plan and project staff organizatjc::~.
Task 2 COST: (16 hrs Sr. Scientist + 4 hrs Clerical); not more than:
S 2,000.00
Task 3 - Monthlv Biomonitorinq
PBS&J can provide quality biomonitoring during the TRE. Because the state permit has an "escape clause"
requiring at least 12 monthly tests using the effected species, M. bahia (paragragh 5.e, pg 29), this task will
be costed at our normal biomonitoring rate. This cost includes sample pick-up, testing and report production.
Sampler rental services are available at $75 per use day (a chronic test uses 3 samples).
Task 3 COST: (12 X Sa50/test)
$10,200.00
Additional cost for SAMPLER rental (if requested) @ $75/day (3X$75= $225 per monthly test)
Task 4 - Phase 1 Characterization
A primary part of the TRE process is the performance of a Phase 1 Toxicity Characterization. In association
with the three samples collected for chronic biomonitoring, if this test shows toxicity, PBS&J will conduct acute
toxicity screens of each of three effluent samples to see if toxicity is persistent. The sample with greatest
potency will be tested using the Phase 1 characterization protocol (Figure 1). If Phase 1 results warrant, one
or more additional elution steps may be required for (hydrocarbon-based) toxicant verification.
Cost for Task 4 will be charged according to the attached Price Schedule; analytical chemistry associated with
Phase 1 will depend on analytes tested; analyses will be subcontracted at the City's preference.
Estimated Task 4 COST for Testing:
$450(3 screens) + $3,500 (Phase 1) + $750 (chemistry) =
additional elution steps as needed up to
Estimated Task 4 COST for Data Evaluation & Reporting up to
(16 hrs Sr. Scientist + 4 hrs Clerical) Subtotal
$ 4,700.00
$ 1,825.00
$ 2.000.00
$ 8,525.00
Task 5 - Confinnation of Toxicant Identification
If a toxic sample is collected and the Phase 1 (TASK 4) provides chemical identification, effluent sampleing
should be increased in order to capture another toxic sample for confirmation. This process may require: 1)
additional sampling, 2) an additional full or partial Phase 1 characterization series, and 3) chemical
identifications. The total cost for Task 5, based on the attached TIE price Schedule and assuming each of
the above tests are performed, is estimated to be :
Estimated Task 5 COST for Testing:
$3,750(Phase 1) + $1200( up to 8 sample screens) + S750(chemistry) = $5,700.
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PBS&J
ENVIRONMENTAL TOXICOLOGY LABORATORY
Mr Stephen L GnJett
City of La Porte
4 August 1999 - Page 3
Estimated Task 5 COST for Data Evaluation & Reporting
(16 hrs Sr. Scientist + 4 hrs Clerical)
up to $ 2,000.00
Subtotal
$ 7,700.00
If Confinnation is successful, a plan and cost to track the source of toxicity will be needed at that
time. (Projection of the cost is not possible at this time because of the varied methods).
Task 6 - ReoortinQ and ConsultinQ
PBS&J will provide experienced, Senior Project Scientists to prepare reports and give consulting services as
needed to support the City in the execution of this TRE. Labor and other direct project charges associated
with reports and consulting services will be billed in accordance with the attached Standard Rate Schedule.
Resumes for Dr. MacGregor, Dr. Faust Parker & Mr. James Home are attached. Also a summary of past and
current TRE projects supervised by Dr. MacGregor is attached.
The costs for Task 6 will very with the needs; however, based on past experience, the level of effort will be:
2 to 4 hours ($220 to $500) for each of 4 Quarterly Activity reports (Pennit required); and a final report upon
identification or cessation of toxicity, not to exceed $2,500.
Estimated Task 6 COST: $500(X 4) + $2,500 =
$4,500.00
Total Scope of Work Costs:
TASK 1 - General Outline
TASK 2 - TRE Plan
TASK 3- Monthly tests
TASK 4- Phase 1
TASK 5- Confinnation
TASK 6- Consulting
$ 500
$ 2,000
$10,200 + sampler rental
$ 8,525
$ 7,700
S 4.500
Grand Total up to
$33,425
Schedule
PBS&J can begin work immediately upon authorization by City of La Porte.
Task 1 (general outline) will be submitted to City for signatures on or before 02 September 1999.
Task 2 (TRE Action Plan) will be completed for your signatures and submitted to the EPA and TNRCC on
or before 15 October 1999.
Task 3 (Monthly biomonitoring) should commence immediately.
Tasks 4, and 5 (Phase 1 Characterizationl Confinnationsl Consulting) will be initiated immediately upon
identification of a suitable toxic sample during the biomonitoring program (Task 3).
Task 6 (Consulting I Data evaluation) will commence with completion of Task 1 (General Outline).
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PBS&J
ENVIRONMENTAL TOXICOLOGY LABORATORY
Mr Stephen L Gillett
City of La Porte
4 August 1999 - Page 4
Tenns and Conditions
Substantial portions of the work described above will be conducted on a fixed unit-price basis; however,
because the ultimate scope of this project will be determined in a ste~se fashion as data are generated
and evaluated. PBS&J proposes to perform the services on a time and materials basis in accordance with
the ateched Standard Rate Schedule and TIE Test Price Schedule.
While these costs represent PBS&J's best estimate of the work effort required; the nature of a TRE is
such that the full scope of the project cannot be known a oriori. PBS&J has based these estimates on
extensive experience with similar projects. PBS&J cannot be held responsible for unforeseen
circumstances that invalidate the assumptions used in these cost estimations.
Nonetheless, PBS&J understands the importance of budgeted costs and presents this Scope of Work and
Total Costs as not to exceed $ 3.3425.00 without written authorization from the City of La Porte.
This proposal is valid for a period of 30 days.
If this proposal is satisfactory to the City of La Porte, please have an authorized representative sign below
and retum the original to PBS&J as authorization to proceed with this project. Authorization may be made
by TASK or"Groups of TASKS using Purchase Orders.
We look forward to working with you and your staff at City of La Porte Public Works Department on this
project If we can be of further service to you, please do not hesitate to call us at 713-9n-1500.
Sincerely YOu"" ~
.
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~l>ert MacGregor III, Ph.D. - --- ----
TRE Director Signature of Authorized representative for
City of La Porte, Texas
Attachments
cc: Martin E. Arhelger, Vice President, PBS&J, Austin
Or. Faust R. Parker, Laboratory Director, PBS&J Lab, Houston
James D. Home, Special Projects Director, PBS&J Lab, Houston
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IID~I Analytical
I-~Jservlces
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'0- .._ ____ o.
Environmental Toxicology
Chemical Testing
Field Services
4 August 1999
t[\UG I) a 1999
Mr.Stephen L. Gillett
Director of Public Works
City of La Porte
P.O. Box 1115
LaPorte, TX 77572-1115
PBS&J Proposal No. 99991
City of La Porte
Wastewater Treatment Plant 001
TNRCC Permit NO.1 0206-001
NPDES Permit No. TX0022799
RE: Cost Proposal for Effluent Toxicity Reduction Evaluation (TRE) Services
Dear Sir:
PBS&J Environmental Toxicology Lab (PBS&J) is pleased to provide this cost proposal addressing a TRE for
the City of La Porte wastewater treatment plant (WNTP) effluent. This proposal is developed in accordance
with the City permits and is fully responsive to your requirements.
For your review, an effluent chronic biomonitoring test in May 1999 exhibited significant toxicity to Mysidopsis
bahia at the effluent Critical Dilution of 95%. A second retest in July 1999 has exhibited significant chronic
toxicity. The results of these biomonitoring failures as required by Section 4.a., page 27 must be submitted
within 20 days of completed test failure; the next requirement by the TNRCC is to submit, within 45 days a
general outline for initiating the TRE (see section 5.a.,pg 27) and within 90 days, submit a TRE Action Plan
(see: Section 5.b.,pg 27, TNRCC Permit). The TRE is initiated on the "test completion date of the failed
retest" .
The TNRCC permits require at least quarterly biomonitoring with the effected test species (M. Bahia) during
the TRE study period. The state permit has an "escape clause" (pg 29, section 5.e) for cessation of toxicity,
if no cause of toxicity is found. After a 12 consecutive monthly tests have been reported without toxicity, the
City may notify the state of its intent to cease the TRE study and resume a normal biomonitoring schedule.
The following Scope of Work provides a step-wise approach for the TRE process:
Scope of Work
Task 1 - TRE Outline
PBS&J will prepare a document to be submitted to the TNRCC containing general outline items to initiate the
TRE for the City of La Porte WNTP. The EPA does not require this item. The outline will identify the project
team from the City and PBS&J, summarize the test data that initiates the TRE and any other data or facts
available concerning the toxic events.
Task 1 COST: (3 hrs Sr. Scientist + 2 hrs Clerical) not more than:
$500.00
ETOX Laboratory
888 W. Sam Houston Pkwy. S., Suite 110 · Houston, Texas 77042-1917 · Telephone: 713.977.1500 · Fax: 713.977.9233 · www.pbsj.com
PBS&J
ENVIRONMENTAL TOXICOLOGY LABORATORY
e
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Mr Stephen L. Gillett
City of La Porte
4 August 1999 - Page 2
Task 2 - TRE Action Plan and Schedule
PBS&J will prepare a comprehensive TRE Action Plan and schedule to be submitted to the TNRCC and
copies to the Region 6 EP A officers. The Action Plan will provide a description of the technical approach and
methodologies as required for the examination and characterization of a causative toxicant(s), a sampling plan
for toxicity tests and chemical analyses, a quality assurance plan and project staff organization.
Task 2 COST: (16 hrs Sr. Scientist + 4 hrs Clerical); not more than:
$ 2,000.00
Task 3 - Monthlv Biomonitorina
PBS&J can provide quality biomonitoring during the TRE. Because the state permit has an "escape clause"
requiring at least 12 monthly tests using the effected species, M. bahia (paragragh 5.e, pg 29), this task will
be costed at our normal biomonitoring rate. This cost includes sample pick-up, testing and report production.
Sampler rental services are available at $75 per use day (a chronic test uses 3 samples).
Task 3 COST: (12 X $850/test)
$10,200.00
Additional cost for SAMPLER rental (if requested) @ $75/day (3X$75= $225 per monthly test)
Task 4 - Phase 1 Characterization
A primary part of the TRE process is the performance of a Phase 1 Toxicity Characterization. In association
with the three samples collected for chronic biomonitoring, if this test shows toxicity, PBS&J will conduct acute
toxicity screens of each of three effluent samples to see if toxicity is persistent. The sample with greatest
potency will be tested using the Phase 1 characterization protocol (Figure 1). If Phase 1 results warrant, one
or more additional elution steps may be required for (hydrocarbon-based) toxicant verification.
Cost for Task 4 will be charged according to the attached Price Schedule; analytical chemistry associated with
Phase 1 will depend on analytes tested; analyses will be subcontracted at the City's preference.
Estimated Task 4 COST for Testing:
$450(3 screens) + $3,500 (Phase 1) + $750 (chemistry) =
additional elution steps as needed up to
Estimated Task 4 COST for Data Evaluation & Reporting up to
(16 hrs Sr. Scientist + 4 hrs Clerical) Subtotal
$ 4,700.00
$ 1,825.00
$ 2.000.00
$ 8,525.00
Task 5 - Confirmation of Toxicant Identification
If a toxic sample is collected and the Phase 1 (TASK 4) provides chemical identification, effluent sampleing
should be increased in order to capture another toxic sample for confirmation. This process may require: 1)
additional sampling, 2) an additional full or partial Phase 1 characterization series, and 3) chemical
identifications. The total cost for Task 5, based on the attached TIE price Schedule and assuming each of
the above tests are performed, is estimated to be :
Estimated Task 5 COST for Testing:
$3,750(Phase 1) + $1200( up to 8 sample screens) + $750(chemlstry) = $5,700.
PBS&J
ENVIRONMENTAL TOXICOLOGY LABORATORY
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Mr Stephen L. Gillett
City of La Porte
4 August 1999 - Page 3
Estimated Task 5 COST for Data Evaluation & Reporting
(16 hrs Sr. Scientist + 4 hrs Clerical)
up to $ 2,000.00
Subtotal
$ 7,700.00
If Confirmation is successful, a plan and cost to track the source of toxicity will be needed at that
time. (Projection of the cost Is not possible at this time because of the varied methods).
Task 6 - Reoortina and Consultina
PBS&J will provide experienced, Senior Project Scientists to prepare reports and give consulting services as
needed to support the City in the execution of this TRE. Labor and other direct project charges associated
with reports and consulting services will be billed in accordance with the attached Standard Rate Schedule.
Resumes for Dr. MacGregor, Dr. Faust Parker & Mr. James Horne are attached. Also a summary of past and
current TRE projects supervised by Dr. MacGregor is attached.
The costs for Task 6 will very with the needs; however,.based on past experience, the level of effort will be:
2 to 4 hours ($220 to $500) for each of 4 Quarterly Activity reports (Permit required); and a final report upon
identification or cessation of toxicity, not to exceed $2,500.
Estimated Task 6 COST: $500(X 4) + $2,500 =
$4,500.00
Total Scope of Work Costs:
TASK 1 - General Outline
TASK 2 - TRE Plan
TASK 3- Monthly tests
TASK 4- Phase 1
TASK 5- Confirmation
TASK 6- Consulting
Grand Total up to
$ 500
$ 2,000
$10,200 + sampler rental
$ 8,525
$ 7,700
$ 4.500
$33,425
Schedule
PBS&J can begin work immediately upon authorization by City of La Porte.
Task 1 (general outline) will be submitted to City for signatures on or before 02 September 1999.
Task 2 (TRE Action Plan) will be completed for your signatures and submitted to the EPA and TNRCC on
or before 15 October 1999.
Task 3 (Monthly biomonitoring) should commence immediately.
Tasks 4, and 5 (Phase 1 Characterization! Confirmations! Consulting) will be initiated immediately upon
identification of a suitable toxic sample during the biomonitoring program (Task 3).
Task 6 (Consulting! Data evaluation) will commence with completion of Task 1 (General Outline).
PBS&J
ENVIRONMENTAL TOXICOLOGY LABORATORY
e
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Mr Stephen L. Gillett
City of La Porte
4 August 1999 - Page 4
Terms and Conditions
Substantial portions of the work described above will be conducted on a fixed unit-price basis; however,
because the ultimate scope of this project will be determined in a step-wise fashion as data are generated
and evaluated, PBS&J proposes to perform the services on a time and materials basis in accordance with
the attached Standard Rate Schedule and TIE Test Price Schedule.
While these costs represent PBS&J's best estimate of the work effort required; the nature of a TRE is
such that the full scope of the project cannot be known a Driori. PBS&J has based these estimates on
extensive experience with similar projects. PBS&J cannot be held responsible for unforeseen
circumstances that invalidate the assumptions used in these cost estimations.
Nonetheless, PBS&J understands the importance of budgeted costs and presents this Scope of Work and
Total Costs as not to exceed $ 3.3425.00 without written authorization from the City of La Porte.
This proposal is valid for a period of 30 days.
If this proposal is satisfactory to the City of La Porte, please have an authorized representative sign below
and return the original to PBS&J as authorization to proceed with this project. Authorization may be made
by TASK or Groups of TASKS using Purchase Orders.
We look forward to working with you and your staff at City of La Porte Public Works Department on this
project. If we can be of further service to you, please do not hesitate to call us at 713-977-1500.
obert MacGregor III, Ph.D.
TRE Director
~ T. tt~
Signature of Authorized representative for
City of La Porte, Texas
Attachments
cc: Martin E. Arhelger, Vice President, PBS&J, Austin
Dr. Faust R. Parker, Laboratory Director, PBS&J Lab, Houston
James D. Horne, Special Projects Director, PBS&J Lab, Houston
--.--.
Phase 1 Characterization of Toxic Effluent
---_. ------J
pH ;; 10
------~~~.=~=~C-.
r Glas Flbe.. filter J
.................-
1-.---- ,
C,.-SPE
----_._-.--
, - -.----1
Na Purge
---"-. ...---.-
Glass Fiber F~~~~____ ____J
~
Na Purge I
-.
pH = initial
pH =3
e
Glass Fiber Filter
C,.-SPE
[
~OLlTE ]
EDTA
Na Purge
NaThio
'-------'--J'
Neutralization
-.-.--....-.-.----.-..
.
-.
,. ---..--,.- ,-.,.----.,
48 hr Acute or 7.Day Chronic Toxicity Test with Mysidops/s balda
Neutralization
C~I-
.
e
Phase I
Toxicant Characterization Tests
TREATABILITY
APPROACH
IDENTIFY TOXICANT(S)
Phase II
Toxicant Identification Analyses
Phase III
Toxicant Confirmation Procedures
Toxicity Treatability
Evaluations
Control Method Selection
and Implementation
Post Control Monitoring
Figure 1-2. Flow chart for toxjclty reductjon evajuatjOllL
,~ cd ,.,..L --r-eE...s.
1-5
Source
Investigation
.
.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Report
partment: Parks & Recreation
Requested By: Ste hen L. Barr
Resolution
Ordinance
Exhibits:
1.
Ordinance
SUMMARY & RECOMMENDATION
The software applications used by the Parks and Recreation Department for facility
reservations at Sylvan Beach and other facilities, and for membership at the Recreation and
Fitness Center, are not Year 2000 compliant. Under our current contract with H.T.E. Inc.,
we can add Parks and Recreation modules to our existing H.T.E. Administrative/Financial
system, and Police software system already in use by the City. The ParcSoft application
and associated applications will meet the Parks and Recreation computer software needs
for the foreseeable future. These programs will interact seamlessly with the existing
systems to provide revenue management, facility reservations, membership management,
and league scheduling capabilities for the Department.
The cost of the new applications would be $47,361 including provision for training.
Previous year's funding were allocated in the Computer Fund budget in the amount of
$50,000 to provide software applications for the Parks and Recreation Department.
Action Required by Council:
Approve the attached Ordinance allowing the purchase of Parks and Recreation software
applications from H.T.E. Inc. in the amount of $47,361.
Availability of Funds:
General Fund WaterlWastewater
XX Capital Improvement _ General Revenue Sharing
N/A
Account Number: 015-9892-543-3207 Funds Available: XX YES NO
Approved for City Council Aaenda
R<\~
Robert T. Herrera
City Manager
~- \ q-ctC\
Date
e _
ORDINANCE NO. 99- J. 3 'S""tp
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND HTE, INC., OF ORLANDO, FLORIDA, TO PROVIDE
PARKS AND RECREATION APPLICATIONS; APPROPRIATING $47,361.00, TO
FUND SAXD CONTRACT; KAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
City Council appropriates the sum not to exceed
$47,361.00 from the 1998-1999 Capital Improvement Project budget
and computer fund budget, to fund said contract.
Section 2. The City Council finds that the current provider
software application for facility reservations and membership at
the Recreation and Fitness Center are not Year 2000 compatible;
further, the City council determines that the above mentioned
systems are essential to the provision of recreational services to
its citizens; further, the City Council determines that its
existing software provider for administrative and financial
systems, HTE, Inc., as selected in a Request for Proposal process
in 1995, has as a fully integrated module, a series of software
programs for the above mentioned processes, that are Year 2000
compatible and also have the ability to convert existing data to
~'1- J3S(p
e
.
the new system, as they have successfully done for other
municipalities.
The City Council determines that the most
economical and efficient method to replace these software programs
is to purchase the necessary fully integrated modules by providing
a supplement to the existing contract with HTE, Inc. Therefore,
the City Council authorizes this supplement to the agreement with
the city's current software provider, HTE, Inc.
section 3.
The city Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance .and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 23rd day of August, 1999.
CI~17 OF LA PORTE
By: )~~~
~e.rman L. Malon ,
Mayor
2
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ATTEST:
APa~-uJ d
Knox W. ASkins,
City Attorney
.
3
DEC-28-00 THU 03:32 PM
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FAX NO.
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,~.
SUPPLEMENT TO AGREEMENT FOR COMPUTER HARDWARE, SOFfW ARE, AND
MAINTENANCE .
BY AND BETWEEN H.T.E., INC. AND CITY OF LAPORTE, TX
SCHEDULE A-PRICING Ai"lD PAYMENT SCHEDULE
CONTRACT NO. HTE-LAPO-9900S36
This Supplement is to the Agreement for Computer Hardware. So~tware, and MaintenaDt'e (Agreement) dated
December 29, 1995, between H.T,E., Ioc. (DTE) and City oC Laportc, TX (Customer), Uoless otherwfse stated below, all
terms and eonditions as stated in the Agreement sbaiJ remain in errect.
Designated Mllcbine
Use of the licensed Program(s) provided in this Supplement on plalfonns other than specified below, without written
permission trom HTE, may be subjecl to an upgrade cbarge.
Type: Model: CPU Number:
No. Days ofl Traiaiog AnQual
H'r~ LICENSED PROGRAMS License Fees Traininl! I Fees Proi. Ml!mt. Support
PalcSoft (for NT server only) ReQuires 10 users S 16.900.00 8 S 10,240.00 $ 5,120.00 S 4,&81.00
Activity ReservatioD. F3ciliti~$ Reservations
and bam.ae SchedulinR
TOTAL HTE LICENSED PROGRA.l\'!S S 16,900.00 8 S 10,240.00 II' 5.120.00 $ 4,881.00
'lIl
ADDua)
TffiRD PARry SOFI'W ARE Li~eDse Fe.. Support
HTE Business IntellleeDee Suite
(mpl"OmDtu (I Admini.strator) S 895.00 Included
ImpromDtlI (9 End User (Enterprise) 4.725.00 Included
Progress ( I 0 Client Network) 1.200.00 Included
Progrcss (lO n;ata MaDilger) 1.900.00 Included
OnBC DrivelftO) 1 500.00 Included
TOTAL THIRD PARTY SOFfW ARE S 10,210,00 JDduded
DUe Upon DucAl Du~ As
Total Conrraei Incurredl Othcrwise
PAYMENTSCHEDVLEo Contract EllftutioD .Delivered Nuted
HrE Li<:cr.se Fees $]6,900.00 $ 16.900.00
HTB Application TrainiDg Fees 8 days @$128C 10,240.00 S 10.240.00
HTE Appl~atiol1 Support Fees 4,881.00 $ 4,881.00
HTE Project MauagemeDt - Level n 4 days @S128C 5,120.00 5,120.00
Third Party Software License Fees 10,220.00 10,220.00
GR.4ND TOTALS 54'7,361.00 $ 27,120.00 S 15.360.00 S 4,111.00
PLEASK NOTE THAT TAXIS AlU: NOT INCLUDED IN THIS SCHEDULE, AND, IF APPUCABLE, WILL BE
ADDED TO THE AMOUr.! IN THE PAYMENT LNVOICE(S) BEING SENT SEPARA TEL Y TO THE CUSTOMER.
.PaymcDts:
THE AMOUNTS NOTED ABOVE SHALL BE PAYABLE AS FOLLOWS:
HTE LtcenJe Fees: Upon COntract execution.
Third Party License Fees: Upon co"tract eJfecwll'on.
HTE Training Fees: On invoice. as incurred.
Project MDlIDge",e", Fees: On invoice, as incurred.
UTE Schedule
Vcr. 812/99.
L3porte, TX A
8/10/1999
DEC-28-00 THU 03:33 PM
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FAX NO.
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p, 02
Application Support Ff!{!s: Prior /0 lire commencement of the initial term of support. Support lees for subJequent lenr.s
of support will bl! clue prior to the start of '''01 term at tile tllen prevailing rale. Rates for
subsequent year~' of support service are subject to change.
Travel and !.iv;ng Expl!7UI!~: Actual and reasonable rravel and living expenses are in addition to ,Ire prices quoted above
and will be invoiced as incurred.
HTE Support Services
The inilial lelm of HTE application support services shall commence one hundred twenty (120) days after delivery of me
Licensed Ptogram(s), and extend for a twelve (12) month term. Subsequent terms of sup po It will be for twelve (12) month
periods. commencing at the end of the initial support period. .
Application Training
Listed above, if applicable, arc the number of days of training for the Licensed Proglams listed. Additional application
Uilining. irrequested by the Customer, can be provided upon request at the standard billing rate in effect at that lime, which :It
the time of this Supplement is One Thousand Two Hundred Eighty Dollars ($1,280.00) per c:by. The fee quoted does Dot
include travel and living expenses.
PrCljeet Management
A description of the applicablcl lclvel oC Project Management is attached to this Supplement and fees will be invoiced in the
amounts and unde:r the terms 1101c:d above. A mutually agreeable work plan will be crealed by the H"ffi Project Manager and
the Customer. Additional days of Project Management, if requested by Customer, will be invoiced as iacwred at the then
cunent HTE daily rale at the standard billing rate in effect at that time, which al the time of this Supplement is One Thousand
Two Hundred Eighty Dollars ($ 1.280.00) per day. The fee quolcd does nol include lr3veJ and living expenses.
Modifiea'ioQS
Modifications wiJJ be controllcd by the HTE SCR form which will be prepared for me Customer by the HTE Product Manager
responsible for that module:. There will be a two hundred fifty dollar ($250.00) non-refundable processing fce for pteparation
of each SCR requested by [be Customer. HTE will proceed on the sea when the signed SCR Is rC:lUmed with the Customer's
authorization along with 50% payment, less the: processing fee. The fmal 50% payment is due upon completion.
Conversion
Conversion, if provided for herein, or if rcquested by the Customer after contract excc;ution, will be cODtrolled by the HTE
SCR form which will be prepared for the Custumer by the HTE Conversion Team Manager. There will be tl two hundred fifty
dollar (S250.00) non-relimdable processing fee for preparation of each SCR requested by the: Customer. HTE will ptoceed on
the SeR when the signc:d SCR is retun.ed with the Customer's authoriz:uion alon~ with fifty percent (50%) paymcnt, less the
processing fee. The fLOal fifty percent (50%) payment is due upon c:ompletioll. Data must be given to HTE in an IBM
compatible formal on a specified magnetic media and must match data field defUlitioD. Input data tile clean up shall be the
responsibility of the customer. Additional convetSion, if necessary, will be invoiced at the prevailing rate per bour. It is
und.:rstood that no two systems and file sttuctures are exaclly alike and there may be a need for some manual eonveISion
efTott.~ to take place along with the eJettronic conversiol1. SCR formes) for any conversion services included in this Agreement
are attached for Customer signature and rerum to HTE.
Canc:ell:il.ioD Cbarges
Customer acknowledges mat HTE makes every etTort to scheduie traiDing and project management sessions sufficiently in
advance to make effective use of HTE's personnel and to obtain favorable prices for trBvc:l and living. Accordingly, the
following cancellation charges apply to training or on-site project maIIagL'mcot sessions cmcelcd at the request of Customer:
cancellation with.iD seven (7) days of start date, Customer pays fifty percent (50%) or the loral price for the trainil1g or oo-sitc
project matlagement; C:lJlcellation within three (3) days of start dale, Customer is respomible for entire price of the lIaining or
on-site projett lDIIDagcmenl. In addition to thc foregoing, Cuslomer shall be obligated to reimbW'Se HTE for any 1200.
refwltlable expenses incurred by HTE for travel expenses. Notwithstanding the above, HTE will endeavor to reschedule HTE
pcrsoSlllel in order to mitigate Cuslomer's costs and expenses under this paragraph. To me extenl HTE is successful in such
rescbeduling, CUlItomer's payment obligations shall be reduced.
Third Party Software and Hardware
Unless otherwise stated, C\1stomer shall enter into separate license iIIldlor mamtenauce agreements with eacb individual third
pany hardware or third party software supplier for the equipment or software as may be provided herein. WlIlTIlDty and
maintenance offerings by HTE fOI its Licensed Program(s) do oot apply to any third party hardware or third party softw;sre
supplied Wlder this Supplement. HTE dots not make any warrantics for aDY non.H'fE products unless ocherwise provided
herein.
HTF. ScheduJe
Ver.8/2/99
2
Laporte, TX A
8/10/1999
DEC-28-00 THU 03:33 PM
~~
FAX NO.
e
P, 03
.,
-\
,..
Non-Hiring StatemeDt
During the term of Ibis Supplenu:nt and for a period of twenty-four (24) months after the tenninarion of this Supplem~n(, (he
Customer may not otTer 10 hire or in any way employ or compensale any of the employees of HTE or persons who have bem
employed by HTE within the immediille past twenty-fout (24) months without prior cousent ofHTE.
Tbe terms IDd condittolU contained in this Supplement, including the prices, will be honored as set fortb herei.n,
provided this Supplement is full)' eseeuted by September JO, 1"9.
Customer warnnls tbat tbe amounts to be paid bereunder will be paid out of appropriated funds 2nd are not prArt of :I
ODaDciag arrangemen' wilb any tbird party.
CITY OF LAPORTE, TX
BY'~~
Name ~ ~ cre.~ L:~\J\~ j)
~ ":>b-\-cv.J~ c...:~ vn..~n~e( 8-r~ -C}'}
Title Date
By:
Name:
Tide
.. .
or-
HTE Schedule
Ver. 'A/2J99
3
Lapone. TX A
RIIO/1999
DEC-28-00 THU 03:33 PM
.-
: '
FAX NO.
e
,-...,
P. 04
..
~.
....
Project Management Level J;Jescriptions
;~~~cifJ\Oj~cj.~.l=eDt. ~ : ~~:.. :,..,I:J~,~~rvitc.s Cli~t RcSPODSi~~ties.. : I
t, ,._,....., '-::1," 1 ,~. I. .
:!i" .f.;~'~'''' ...~;.'t~~t,:~~,.. ..:..'.~l~li~ : I . . ; '" .... ,,;" 'i.,:l", ,,:', ....:~.. - ",I , ..
level [I . Schedule lr.\ining visils of lITE . Pro)vide a deLliclll.I:d Proje!:t M;mascr
Applicariun S~ti.lislS. Ih~1 monilors ond mil:,", inlAlm:l1 eli"nt
dcliv"r:lblcs :lnd wks :Lnd s..rv"s :as
. Cn:OlIe . detailed work !!1M which the Pr\11lllJ}I cunlael for ~TE iS$ul:S.
includes tr.1ining visits, dc:liver:Lblc
schedulcs :md projc!:1 milcswne:s. . Dc:velup II:st plans and mollik), teslins_
. ClQtc me Project Scope Slarcrnl:lll . 1'3rticip:llC: in ~ehc:dulcd conference
rhilt deli""s deliver.bles :Iud C:llls. - .
milntonc:s.
. C"DOrlfin~le :lIId schedule irllem:1I
. Project Manal"1' ~II ennducl R:,ourecs lor lr~inillg ilIId clienr
5chcduled canreren" calls or on-site: provided dclivcflIbles.
StalUS meerings with Clic:nt Projccl
Manag~r :lnd or PJojecr T !."Urn.
. Provide" single poinl of !:onl;/cr at
liTE.
e M:linbin Work PI,," ""d Ir.lcll bll4g.el.
. M.inl3in Issue Log
. Pl1Ivide monthly SIaNS n:pons.
HTl: Schedule:
Ver.8/2199
4
Laporte, TX A
8/10/1999