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HomeMy WebLinkAbout1999-09-08 Special Called Regular Meeting, Public Hearing, and Workshop Meeting e :.- ;1 e , "F. -;. e e MINUTES OF THE SPECIAL CALLED REGULAR MEETING, PUBUC HEARING, AND WORKSHOP MEETING OF LA PORTE CITY COUNCIL SEPTEMBER 8, 1999 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:35 p.m. Members of City Council Present: Councilpersons Chuck Engelken, Howard Ebow, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young, and Mayor Norman Malone. Members of Council Absent: Councilperson Jerry Clarke and Guy Sutherland. Members of City Executive Staff and City Emplovees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, City Secretary Martha Gillett, Assistant City Manager John Joerns, Assistant City Manager Jeff Litchfield, Director of Planning Doug Kneupper Director of Public Works Steve Gillett, Director of Administrative Services Louis Rigby, Police Chief Richard Reff, Assistant Finance Director Cynthia Alexander, Purchasing Agent Susan Kelley, Golf Course Manager Alex Osmond, Revenue Supervisor Kathy Powell, Fire Marshal Paul Hickenbottom, and Assistant City Secretary Janis Goulder. Others Present: Neil Welch, Dave Fetzer of Maroney & Beisner, Paul Martin of Akin Gump, Clark Askins, and a number of citizens. 2. Mayor Norman Malone delivered the Invocation. 3. Council considered approving the minutes of the Regular Meeting on August 23, 1999. Motion was made bv Councilperson Griffiths to approve the minutes of the Regular Meeting as presented. Second by Councilperson Ebow. The motion carried unanimously. Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Young, and Mayor Malone Nays: None Abstain: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPA YERS WISHING TO ADDRESS COUNCIL. There were no citizens wishing to address Council. 5. Council considered an ordinance consenting to a proposed bond resolution and continuing disclosure agreement to be adopted by La Port Area Water Authority (Ord. 99-2357). Assistant City Manager Jeff Litchfield presented summary and recommendation. Over the next 20 years this will save the La Porte Area Water Authority $1,113,000.00. e . City Council Minutes - September 8, 1999 - Page 2 City Attorney read: ORDINANCE 99-2357 - AN ORDINANCE CONSENTING TO A PROPOSED BOND RESOLUTION AND CONTINUING DISCLOSURE AGREEMENT TO BE ADOPTED BY LA PORTE AREA WATER AUTHORITY. Motion was made by Councilperson Engelken to approve the ordinance as presented by Mr. Litchfield. Second by Councilperson Gay. The motion carried unanimously. Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Young, and Mayor Malone. Nays: None Abstain: None 6. Open Public Hearing - Mayor Malone opened the Public Hearing at 6:46 PM. Review by Staff - City Manager Robert T. Herrera and Assistant City Manager Jeff Litchfield presented summary and recommendation regarding the City Budget for the fiscal year 1999-2000. Public Input - None. Recommendation of Staff - Approve ordinance as presented. Close Public Hearing - Mayor Malone closed the Public Hearing at 6:50 PM. 7. Council considered approving an ordinance adopting the budget for the City of La Porte, Texas, for the period of October I, 1999 to September 30, 2000 (Ord. 99-2358). City Attorney read: ORDINANCE 99-2358 - AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 1999 THROUGH SEPTEMBER 30,2000; FINDING THAT ALL TI-llNGS REQUISITE AND NECESSARY HA VB BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WlTHTHE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Manager Jeff Litchfield presented summary and recommendation. Recommendation of City Staff is that City Council approve operating budget as well as capital budget for fiscal year 1999-2000 in the total amount of $43,649,294.00, that does include the $31,550.00 for the La Porte Area Water Authority debt service. Motion was made by Councilperson Gay to approve the ordinance as presented by Mr. Litchfield. Second by Councilperson Engelken. The motion carried unanimously. Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Young, and Mayor Malone. Nays: None Abstain: None 8. Council considered approving a resolution of the City Council of the City of La Porte, Texas, adopting the 1999 appraisal roll of Harris County Appraisal District (Res. 99-29) e . City Council Minutes - September 8, 1999 - Page 3 Assistant City Manager Jeff Litchfield presented summary and recommendation. City Attorney read: RESOLUTION 99-29 - A RESOLUTION OF THE CI1Y COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 1999 APPRAISAL ROLL OF THE HARRIS COUN1Y APPRAISAL DISTRICT. Motion was made by Councilperson Griffiths to approve the resolution as presented by Mr. Litchfield, Second by Councilperson Engelken. The motion carried unanimously. Ayes: Engelken, Ebow, Griffiths, Porter, Gay , Young, and Mayor Malone. Nays: None Abstain: None 9. Council considered approving an ordinance levying taxes upon taxable property located within and subject to taxation in the City of La Porte, Texas (Ord. 99-2359). Assistant City Manager Jeff Litchfield presented summary and recommendation and answered questions for City Council. City Attorney read: ORDINANCE 99-2359 - AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPER1Y LOCATED WITlllN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CI1Y GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Ebow to approve the ordinance as presented by Mr. Litchfield. Second by Councilperson Engelken. The motion carried unanimously. Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Young, and Mayor Malone. Nays: None Abstain: None 10. Council considered approving an ordinance amending Golf Course fees, at the Bay Forest Golf Course (Ord. 99-1587-1). Assistant City Manager Jeff Litchfield presented summary and recommendation. City Attorney read: ORDINANCE 99-1587-1 - AN ORDINANCE AMENDING CHAPTER 50, ARTICLE II, "GOLF COURSE CHARGES, APPENDIX A - FEES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; EST ABLISlllNG A NEW RATE AND FEE STRUCTURE; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILI1Y CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. e . City Council Minutes - September 8, 1999 - Page 4 Motion was made by Councilperson Porter to approve the ordinance as presented by Mr. Litchfield. Second by Councilperson Young. The motion carried unanimously. Ayes: Engelken, Ebow, Griffiths, Porter, Gay , Young, and Mayor Malone. Nays: None Abstain: None 11. Council considered approving an ordinance extending the employment agreement of the City Manager Robert T. Herrera (Ord. 99-2360). Mayor Norman Malone presented summary and recommendation and answered questions for City Council. Council requested the removal of wording in paragraph 4 which refers to "age". City Attorney read: ORDINANCE 99-2360 - AN ORDINANCE APPROVING AN EXTENSION OF THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND ROBERT T. HERRERA, CITY MANAGER, FOR A THREE YEAR TERM COMMENCING OCTOBER I, 1999; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Engelken to approve the ordinance and agreement with changes recommended by Council. Second by Councilperson Porter. The motion carried. Ayes: Engelken, Ebow, Griffiths, Porter, Young, and Mayor Malone. Nays: Gay Abstain: None 12. Council considered approving an ordinance lengthening the school zone on San Jacinto to 500 feet south of East "G" Street (99-2361). Director of Public Works Steve Gillett presented summary and recommendation City Attorney read: ORDINANCE 99-2361 - AN ORDINANCE AMENDING CHAPTER 70, ARTICLE ill, SECTION 70-97, "SCHOOL ZONES", PARAGRAPH (a)(6), OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; FOR TIlE PURPOSE OF DESIGNATING MAXIMUM SPEED LIMITS IN A SCHOOL ZONE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUlL TY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED lWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Young to approve the ordinance as oresented by Mr. Gillett. Second by Councilperson Gay. The motion carried unanimously. e . City Council Minutes - September 8, 1999 - Page 5 Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Young, and Mayor Malone. Nays: None Abstain: None 13. Council considered awarding a request for proposal to Digitex Corporation and Minolta Business systems for copier rental and maintenance service. Purchasing Agent Susan Kelley presented summary and recommendation and answered questions for City Council. Motion was made by Councilperson Engelken to approve the request for prooosal as presented. Second by Councilperson Griffiths. The motion carried unanimously. Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Young, and Mayor Malone. Nays: None Abstain: None City Manager Robert T. Herrera left the meeting at 7: 10 PM. Assistant City Manager John Joerns assumed the duties of City Manager for the remainder of the meeting. 14. Workshop was opened at 7: 15 PM. The following items were discussed: A. Discussed employing a consultant to review the retiree medical benefits package. B. Reviewed proposed fire code amendment. C. Reviewed drainage chapter of the Public Improvement Criteria Manual. D. Reviewed proposed offsite storage facility capital project. Councilman Ebow left the meeting at 7:40 PM. 15. Mayor Malone closed the Workshop at 8:20 PM and re-convened the Special Called Regular Meeting. 16. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council of the following events: A. Census Count Committee Meeting - City Hall Council Chambers - September 7 and 21, 1999 at 6:00 PM, B. City Employee Appreciation Picnic - Wave Pool- September II, 1999,4:00 PM to 9:00 PM. C. Chamber of Commerce Annual Steak Cookout - September 16, 1999 at Dupont Recreation Center - 6:30 PM. e . City Council Minutes - September 8, 1999 - Page 6 D. Bay Area Transportation Partnership long range meeting. E. Parking problems around school properties. 17. COUNCIL ACTION Council persons Engelken, Porter, Young, and Mayor Malone brought items to Council's attention. 18. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. 551.071 (CONSULTATION WITH ATIORNEY) MEET WITH CITY ATIORNEY AND CITY MANAGER TO DISCUSS CONTRACTUAL MATIERS B. 551.074 (PERSONNEL MATIER) Council retired into Executive Session at 8:32 PM under Section 551.071 (Consultation with Attorney) and Section 551.074 (Personnel Matter), Council Adjourned Executive Session at 9:21 PM. Council returned to the table at 9:22 PM, with no action taken. 19. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION No action taken. 20. ADJOURNMENT There being no further business to come before Council, the Special Called Regular Meeting was duly adjourned at 9:23 PM. e City Council Minutes - September 8, 1999 - Page 7 Respectfully submitted, ~AA~/1,d~p; '--()I# r -........ Martha Gillett City Secretary Passed and approved on this 27th day of September 1999. ~,::~~~;t e ..;;, . . I REtEST FOR CITY COUNCIL AGENDA tM AGENDA DATE 9/8/99 REQUESTED BY Jeff Litchfield. Assistant City Manaaer _ REPORT; _ RESOLUTION; ~ ORDINANCE; At 6:00 p.m. on September 8, 1999, the La Porte Area Water Authority will receive Bids on the refunding of $8,080,000 in debt originally incurred by the Authority in 1988. In order to complete the refunding, the City of La Porte needs to pass the attached ordinance, which was prepared by Paul Martin of Akin, Gump, Strauss, Hauer, & Feldt LLP. Mr. Martin represents both the City and the Authority. The Ordinance is an ordinance consenting to a proposed bond resolution and continuing disclosure agreement to be adopted by the La Porte Area Water Authority. The savings information for the refunding will be available at Monday's meeting. ACTION REQUIRED BY COUNCIL: Approve Ordinance consenting to a proposed bond resolution and continuing disclosure agreement to be adopted by the La Porte Area Water Authority, FUND N/A ACCT NUM: FUNDS AVAILABLE: COUNCIL AGENDA Q"2-QQ DATE e e ORDINANCE NO. AN ORDINANCE CONSENTING TO A PROPOSED BOND RESOLUTION AND CONTINUING DISCLOSURE AGREEMENT TO BE ADOPTED BY LA PORTE AREA WATER AUTHORITY WHEREAS, the Board of Directors of the La Porte Area Water Authority (the "Authority") has informed the city council (the "City Council") of the City of La Porte (the "City") that the Authority desires to issue and sell its Contract Revenue Refunding Bonds, Series 1999, in the aggregate principal amount of $8,080,000 (the "Bonds"), in order to refund its Contract Revenue Bonds, Series 1988, and Contract Revenue Bonds, Series II 1988; and WHEREAS, the City has entered into a Water Supply Contract dated November 23, 1987 (the "Contract") with the Authority for the City to purchase treated water from the Authority; and WHEREAS, the Authority has delivered to the City pursuant to Section 3.02 of the Contract, the proposed bond resolution attached hereto as Exhibit "A" (the "Bond Resolution") and a schedule containing an estimate of the amounts described in such Section 3.02; therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section I. That the City Council of the City of La Porte hereby consents, pursuant to Section 3.03 of the Contract, to the Bond Resolution and Continuing Disclosure Agreement substantially in the form attached as Exhibit "B". Section 2. That all filing. notice, or time requirements or other conditions precedent to the adoption of this Ordinance in the Contract are hereby waived and this Ordinance shall be all the action necessary for the City to consent and approve the issuance of the Bonds. Section 3. That if any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of the Ordinance, and it. is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4, That the City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the 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 5. That this Ordinance shall take effect and be in full force immediately upon and after its adoption. PASSED AND APPROVED THIS DA Y OF ,1999, CITY OF LA PORTE By: Mayor A TrEST: By: City Secretary . e / tt ri..e. X e rm('oo(7 ~/I/c(er /n ~ \J~-rFii~ e e NOTICE OF INTENT TO ISSUE BONDS TO CITY OF LA PORTE WHEREAS, the City of La Porte is a party to a Water Supply Contract with the La Porte Area Water Authority for the purchase of water treated at the Southeast Plan (the "Contract"). This is to infonn you that pursuant to Section 3.02 of the Contract, La Porte Area Water Authority intends to refund bonds as described in the attached Bond Resolution. LA PORTE AREA WATER AUTHORITY e . DRAFT OF 9/1199 RESOLUTION AUTHORIZING THE ISSUANCE AL'JD SALE OF "LA PORTE AREA WATER AUTHORITY CONTRACT REVENUE REFUNDING BONDS, SERIES 1999"; APPROVING AND AUTHORIZING INSTRUMENTS AL"l'D PROCEDURES RELATING THERETO; AND AUTHORING OTHER MATTERS RELATED THERETO WHEREAS, the La Porte Area Water Authority (the "Authority") was organized pursuant to the provisions of Section 59 of Article XVI of the Constitution of the State of Texas, by special act, namely, Chapter 729, page 2,678 et seq., of the 67rh Legislature of Texas, Regular Session, 1981 (the "Act"), and operates under the Act and Chapters 49 and 54 of the Texas Water Code, as amended; and WHEREAS, the Act authorizes the Authority, with the approval of the City Council of the City of La Porte, to issue its revenue bonds, which revenue bonds may be secured by and payable from pledges of all or any part of the revenues, receipts, or assets of the Authority or the revenues of anyone or more leases or other contracts made; and WHEREAS, the Board of Directors of the Authority (the "Board") has issued revenue bonds in the original aggregate principal amount of $9,800,000 now outstanding in the aggregate principal amount of $8,080,OOO(the "Refunded Bonds"), the net proceeds of which were used to acquire an undivided interest in the Southeast Water Purification Plant of the City of Houston, Texas, and a transmission and distribution system to provide a reliable supply of potable fresh water to serve persons and businesses in the Authority and in certain areas in Harris County, Texas outside the Authority but within its authorized service area; WHEREAS, Chapter 1207, Texas Government Code ("Chapter 1207") authorizes the Authority to issue refunding bonds and to deposit the proceeds from the sale thereof, and any other available funds or resources, directly with a place of payment (paying agent) for the Refunded Bonds, and such deposit, if made before such payment dates, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Bonds; WHEREAS, Chapter 1207 further authorizes the Board to enter into an escrow agreement with any paying agent for the Refunded Obligations with respect to the safekeeping, investment, reinvestment, administration. and disposition of any such deposit, upon such terms and conditions as the Board and such paying agent may agree, provided that such deposits may be in the gross amount necessary, or invested and reinvested in obligations and principal of and interest on which are unconditionally guaranteed by the United States of America, and which shall mature and bear interest payable at such times and in such amounts, as will be sufficient to provide for the scheduled payment or prepayment of the Refunded Obligations; WHEREAS, the Chase Bank of Texas, National Association., the successor to First City National Bank of Houston, is the paying agent for the Refunded Bonds, and the Escrow Agreement hereinafter authorized constitutes an escrow agreement of the kind authorized and permitted by Chapter 1207; THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE LA PORTE AREA WATER AUTHORITY THAT: Section 1. CERTAIN DEFINITIONS. When used in this Resolution, except in Section 3, in addition to terms defined elsewhere herein, the terms listed below shall have the meanings indicated opposite each of them, unless otherwise expressly provided or unless the context otherwise requires: "Accountant" means an independent certified public accountant, or an independent firm of certified public accountants, either case, with demonstrative experience and competence in public accounting, appointed from time to time by the Board. "Act" has the meaning assigned in the preamble. e e "Additional Bonds" means the additional parity bonds which the Authority expressly reserves the right to issue in Section 8 of this Resolution which may be issued in the future. When used in the proper context, Additional Bonds may include refunding bonds. "Amortization Installment" means with respect to Parity Bonds, the amount of money which is required for mandatory redemption of such Parity Bonds (whether at maturity or by mandatory redemption calls and including redemption premium, if any) provided that the total amortization installments for such Parity Bonds shall be sufficient to provide for retirement of the aggregate principal amount of such Parity Bonds and redemption premium, if any. "Authority" means the La Porte Area Water Authority, and any other public agency succeeding to the powers, rights, privileges, and functions of the Authority and, when appropriate, the Board of Directors of the Authority. "Average Annual Principal and Interest Requirements" means that amount equal to the average annual principal and interest requirements (including Amortization Installments) of all Parity Bonds outstanding. With respect to Additional Bonds that bear interest at a rate which is not established at the time of issuance at a single numerical rate, Average Annual Principal and Interest Requirements shall be calculated assuming (i) that the interest rate for every 12-month period on such bonds is equal to the rate of interest reported in the most recently published edition of The Bond Buyer (or its successor) at the time of calculation as the "Revenue Bond Index" or, if such Revenue Bond Index is no longer being maintained by The Bond Buyer (or its successor) at the time of calculation, such interest rate shall be assumed to be 80% of the rate of interest then being paid on United States Treasury obligations of like maturity and (ii) that the principal of such bonds is amortized such that annual debt service is substantially level over the remaining stated life of such bonds. "Board of Directors" or "Board" means the governing body of the Authority. "Bond" or "Bonds'" means any Bond or all Bonds, as the case may be, of the issue of $8,080,000 "La Porte Area Water Authority Contract Revenue Refunding Bonds, Series 1999", dated as of September IS, 1999, authorized and issued pursuant to this Resolution. "Bond Fund" means the Authority's interest and sinking fund for the Bonds established by Section 7.01 of this Resolution. "Capital Acquisition" means the acquisition of any existing waterworks system. "Capita! Additions" means a water reservoir or an interest therein, a water storage facility, a water treatment plant or an interest therein, regional oversized pipelines or an interest therein, and associated transmission facilities with respect to each, and any combination thereof, which shall become a part of the System. "Capital Improvements" means any extensions, improvements, and additions to the System other than Capital Additions and a Capital Acquisition. "Defeasance Obligations" means (i) direct noncallable obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the Board adopts or approves the proceedings authorizing the, issuance of refunding bonds, are rated as to investment quality by a Rating Agency not less than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of such an entity that have been refunded and that, on the date the governing body of the Board adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a Rating Agency not less than AAA or its equivalent. "Definitive Bonds" means the Bonds issued in exchange for the Initial Bond. 2 e e "DTC" means The Depository Trust Company, New York, New York, and its successors and assigns. "Distribution System" means those facilities used to transport treated surface water from the termination of the Transmission System to each Participant's take point. "Engineer of Record" means the independent engineer or fIrm. at the time employed by the Board to perform and carry out the duties imposed on such engineer or fIrm by this Resolution and having a favorable reputation nationally for skill and experience in the engineering of waterworks systems of comparable size and character as those forming parts of the System. "Escrow Agreement" means the agreement between the Board and Chase Bank of Texas, National Association, substantially in the form attached as Exhibit _ hereto. "Gross Revenues" means all revenues and income of every nature derived or received by the Authority from the operation and ownership of the System, including all income, fees, and charges received by the Authority from the Participants pursuant to the Water Sales Contracts; the interest income from the investment or deposit of money in any Fund created by this Resolution to the extent described in this Resolution; and revenues derived from the ownership or operation of other enterprises which the Authority may lawfully own or operate in the future. "Houston Contract" means the contract effective as of December 4, 1987 with the City of Houston, Texas, pursuant to which the Authority purchased an undivided interest in the Southeast Plant and has agreed to purchase potable treated surface water from the Southeast Plant. "Initial Bond" means the Bond initially delivered to the Purchaser. "Net Revenues" means all Revenues received by the Authority less the Operating and Maintenance Expenses of the Authority. "Official Statement" means the disclosure document describing the Bonds. "Operating Expenses" means the necessary and reasonable expenses of operation and maintenance of the System, including all costs incurred by the Authority in providing potable water to the Participants under the Water Sales Contracts; all operation and maintenance costs billed to the Authority by Houston; all operating and maintenance costs incurred by the Authority related to the System; all administrative costs incurred by the Authority; the cost of all insurance maintained by the Authority; and all salaries, labor, materials, and payments under contracts for facilities shared with other entities; provided, however, that repairs and extensions, as in the judgment of the Board, reasonably and fairly exercised, that are necessary to keep the System in operation and render adequate service to the Authority and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair the Parity Bonds shall be considered Operating Expenses. Depreciation and payments into and out of the Bond Fund and the Reserve Fund shall never be considered as expenses of operation and maintenance. "Parity Bonds" means collectively the Bonds and any Additional Bonds. "Parity Bonds Resolutions" meanS collectively this Resolution and any resolution authorizing Additional Bonds. "Participants" means (a) the City of La Porte, . the City of Morgan's Point, Texas, and the City of Shoreacres, Texas, all of which are located entirely within Harris County, Texas, and each of which has executed a Water Sales Contract with the Authority, and (b) any future customer who executes a Water Sales Contract with the Authority from and after the date of execution of such contract. "Paying AgentlRegistrar" means Chase Bank of Texas, National Association, Houston, Texas. 3 e e "Paying AgentlRegistrar Agreement" means the agreement between the Authority and the Paying AgentlRegistrar substantially in the fonn attached hereto as Exhibit "A". "Pledged Revenues" means the Net Revenues, and any other revenues or assets' specifically pledged by the Board, in its sole discretion, to the payment of the Parity Bonds. "Purchaser" means the entity, including syndicate members, which has submitted the best bid for the Bonds, to wit: "Refunded Bonds" means the following described bonds: (i) La Porte Area Water Authority Contract Revenue Bonds, Series 1988 in the outstanding principal amount of $4,055,000 and . (ii) La Porte Area Water Authority Contract Revenue Bonds, Series II 1988 in the outstanding principal amount of $4,025,000. "Reserve Fund" means the fund created in Section 7.01 and Section 7.04 to secure the payment of the Parity Bonds, provided, however, that the Reserve Requirement shall not exceed an am.ount equal to the special funds or account established and to be maintained pursuant to Section 7.0 I hereof. "Reserve Requirement" means the average principal and interest requirements on the outstanding Parity Bonds, but never more than the lesser of (i) 10% of the face amount of the Parity Bonds, (ii) 100% of the maximum annual debt service for the Parity Bonds, or (iii) 125% of average annual debt service for the Parity Bonds. "Revenue Fund" means the fund or account created pursuant to Section 7.01 hereof and to be maintained pursuant to Section 7.02 hereof so long as the Parity Bonds are outstanding. "Southeast Plant" means the Project described in the Houston Contract generally, and specifically described in Exhibit "B" to the Houston Contract. "Special Facilities Bonds" means special revenue obligations of the Authority which are not payable from or secured by any Net Revenues, but which are secured by and payable from liens on and pledges of any other revenues, sources, or payments, including, but not limited to, special contract revenues, sources, or payments which shall not be considered as or constitute Gross Revenues, unless and to the extent otherwise provided in the resolution or resolutions authorizing the issuance of such Special Facilities Bonds. "System" means (i) the Authority's entire existing waterworks system, including its ownership interest in the Southeast Plant, the Transmission System, and the Distribution System, together with all future Capital Acquisitions, Capital Additions, and Capital Improvements, all replacements thereof, and the Authority's interest in any shared facility and water supply source and (ii) any other related facilities, all or any part of the revenues or income from which may, in the future, at the option of the Board, and in accordance with law, become Pledged Revenues; provided, however, that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permined by law, the tenn System shall not mean any water or other facilities of any kind which are declared by the Board not to be a part of the System, and which are acquired or constructed by the Authority with the proceeds from the issuance of Special Facilities Bonds. "Transmission System" means those facilities, including pipelines, easements, pumping, and other devices to deliver treated surface water from the take point at the Southeast Plant to the points at which the water is delivered to the Distribution System, which includes necessary storage and pumping facilities to deliver water to each Participant. "Water Sales Contracts" means the contracts between the Authority and each of the Participants, all of which are, or shall be, in substantially similar fonn. 4 e e "Year" or "fiscal year" means the regular fiscal year used by the Authority in connection with the operation of the System, which may be any 12 consecutive month period established by the Board, presently October I to September 30. Section 2. DESCRIPTION OF BONDS. The authorization and description of the Bonds and designation of certain rights respecting the Bonds shall be as follows: 2.01. Bond Amount. Name. and Pumose. The Bonds to be designated as "LA PORTE AREA WATER AUTHORITY CONTRACT REVENUE REFUNDING BONDS, SERIES 1999," are hereby authorized to be issued and delivered in accordance with the Constitution and laws of the State of Texas, in particular the Act and Chapters 49 and 54 of the Texas Water Code, as amended, in the principal amount of $8,080,000 for the purpose of refunding the Refunded Bonds. The Authority hereby designates the Bonds to be a "qualified tax-exempt obligation" within the meaning of section 26S(b)(3)(B) of the Internal Revenue Code of 1986, as amended (the "Code"). 2.02. Form. Numbers. Date. and Denominations. The Bonds shall be issued and delivered in fully registered from without coupons, shall be dated as of September IS, 1999, and shall each be in denominations of $5,000 or any integral multiple thereof (up to the maximum principal amount of the Bonds maturing in the year involved). Initially, the Bond numbered I-I in the principal amount of $8,080,000 shall be issued. Bonds registered and delivered in exchange for any of the Initial Bond surrendered for transfer or exchange shall be numbered from R-I upward in the order that they are authenticated and delivered by the Paying Agent/Registrar. 2.03. Interest. Maturities. and Pavment. The Bonds shall bear interest (computed on the basis of a 360-day year of twelve 30-day months) from September IS, 1999, payable March IS, 2000, and each September IS and March IS thereafter until the principal sum is paid in full. Payment of interest shall be made to the registered owner of each Bond as shown on the Bond Register provided for in Section 2.05 hereof as of the 15th day of the calendar month next preceding the interest payment date by check or draft mailed by the Paying AgentlRegistrar to the address of each such owner as it appears on such Bond Register on the date aforesaid. The Bonds shall mature and become payable, subject to prior redemption in accordance with the provisions of Section 2.04 hereof, on March IS of each of the years and in the principal amount set forth in the schedule below and shall bear interest at the respective rates per annum set forth opposite the y.ear of maturity in such schedule, to-wit: Year Amount Interest Rate Year Amount Interest Rate 2002 $370,000 % 2010 $525,000 % 2003 385,000 2011 550,000 2004 405,000 2012 580,000 2005 420,000 2013 615,000 2006 445,000 2014 640,000 2007 460,000 2015 670,000 2008 485,000 2016 705,000 2009 505,000 2017 320,000 The principal of the Bonds shall be payable, without exchange or collection charges, in any coin or currency of the United States of America which, on the date of payment thereof, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they become due or at their earlier redemption date, if any, at the principal office of the Paying Agent/Registrar. 2.04. Optional Redemotion. The Authority reserves the right to redeem, in whole or from time to time in part, all of the Bonds on March 15,2010, or any date thereafter, by paying the principal thereof and accrued interest thereon. The Authority shall, at least 45 days prior to the date fixed for redemption (unless a shorter notice shall be satisfactory to the Paying AgentlRegistrar), notifying the Paying AgentlRegistrar of such date and, if less than all of the Bonds within any maturity are to be redeemed, the particular Bonds within each maturity to be redeemed. The registered owner of any Bond, all or a portion of which has been called for redemption, shall be required to present such Bond to the Paying AgentJRegistrar for payment of the principal of, and accrued interest on, that portion of the Bond called for redemption; provided, however, upon the surrender of any such Bond, the Authority shall execute and the Paying AgentlRegistrar shall authenticate and deliver to the registered owner thereof a new Bond or Bonds of the same maturity in an aggregate principal amount equal to the unredeemed portion of the Bond surrendered. 5 e e Notice of redemption shall be given by mailing a copy thereof by first class mail, postage prepaid, at least 30 days prior to the date fIXed for redemption to the registered owner of each Bond to be redeemed in whole or in part at the address of such owner on the Bond Register; provided, however, that failure to give such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption of any Bond or portion thereof with respect to which no such failure or defect has occurred. Any notice mailed as provided in this Section 2.04 shall be conclusively presumed to have been duly given, whether or not the registered owner receives the notice. Prior to the date fixed for redemption, the Authority shall deposit, or cause to be deposited, with the Paying AgentlRegistrar, funds sufficient to pay in full the principal of all Bonds or portions thereof called for redemption, together with accrued interest thereon to the redemption date. Any Bond or Bonds duly called for redemption, due provision for the full payment of which has been timely made, shall cease to bear interest from and after the date fIXed for redemption. . 2.05. Transfers and Exchane:es. The Authority shall cause to be kept at the principal office of the Paying AgentlRegistrar a register (the "Bond Register") in which, subject to such reasonable regulations as the Authority and the Paying AgentlRegistrar may prescribe, registration of the Bonds and transfers of the Bonds shall be made as provided herein. Upon surrender for transfer of any Bond at the principal office of the Paying AgentlRegistrar, the Authority shall execute and the Paying AgentlRegistrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of the same maturity, of any authorized denominations, bearing the same rate of interest and of a like aggregate principal amount. At the option of the registered owner of any Bond, it may be exchanged for other Bonds of the same maturity, of any authorized denominations, bearing the same rate of interest, and of like aggregate principal amount, upon surrender of the Bond to be exchanged at the principal office of the Paying Agent/Registrar. Whenever any Bond is so surrendered for exchange, the Authority shall execute, and the Paying Agent/Registrar shall authenticate and deliver, the Bonds which the registered owner of the Bond making the exchange is entitled to receive. All Bonds issued upon any transfer or exchange of any Bond shall be the valid obligations of the Authority, evidencing the same debt and entitled to the same benefits under this Resolution, as the Bond surrendered upon such transfer or exchange. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed, or be accompanied by a written instrument of transfer in form satisfactory to the Paying AgentlRegistrar duly executed, by the registered owner thereof or his attorney duly authorized in writing. No service charge shall be made to the registered owner for any registration, transfer or exchange of Bonds, but the Authority or the Paying AgentJRegistrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds. Neither the Authority nor the Paying AgentlRegistrar shall be required to transfer or exchange any Bond during the period of IS days next preceding any interest payment date or to transfer or exchange any Bond during the 3D-day period prior to the date set for redemption of such Bond. 2.06. Book-Entrv Only System. It is intended that the Bonds initially be registered so as to participate in a securities depository system (the "DTC System") with The Depository Trust Company, New York, New York, or any successor entity thereto ("DTC"), as set forth herein. The defmitive Bonds shall be issued in the form of a separate single definitive Bond for each maturity. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The Authority and the Paying AgentlRegistrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including a "Letter of Representation" (the "Representation Letter"). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the Authority and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a "Depository Participant") or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an "Indirect Participant"). Without limiting the immediately preceding sentence, the Authority and the Paying AgentlRegistrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, or (ii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a registered owner of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any ~uccessor thereto, as nominee for DTC, shall rec~ive a Bond evidencing the obligation of the Authority to make payments of principal, premium, if any, and interest pursuant to this Resolution. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute 6 e e a new nominee in place of Cede & Co., and subject to the provisions in this Resolution with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Resolution shall refer to such new nominee of DTC. In the event that (a) the Authority determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the Authority determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Authority shall notify the Paying AgentJRegistrar, DTC, and Depository Participants of the availability within a reasonable period of time through DTC of certificated certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the Authority may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the Authority, or such depository's agent or designee, and if the Authority and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever names the registered owners of Bonds transferring. or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee ofDTC, all payments with respect to principal of, premium, ifany, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. . 2.07. Ownershio of the Bonds. The Authority, the Paying AgentlRegistrar, and any other person may treat the individual, firm, or corporation in whose name any Bond is registered on the Bond Register as the absolute owner of such Bond for the purpose of making and receiving payment of the principal thereof and interest thereon and for all other purposes, whether or not such Bond is overdue, and neither the Authority nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. All payments made to any such person, fmn, or corporation deemed to be the owner of any Bond in accordance with this Section 2.07 shall be valid and effectll:al and shall discharge the liability of the Authority and the Paying AgentlRegistrar to the extent of the sums paid. 2.08. Execution of the Bonds. The Bonds shall be executed on behalf of the Authority by the President or Vice President. of the Board under the seal of the Authority attested by the Secretary or Assistant Secretary of the Board. Each such signature may be manually executed or placed in facsimile on the Bonds, and the Authority's seal may be manually impressed, printed or otherwise placed on the Bonds. Bonds receiving the manual or facsimile signatures of individuals who were at the time the duly elected or appointed officers of the Authority shall be binding upon the Authority notwithstanding such individuals or any of them shall cease to hold such offices prior to the certification, registration, authentication, or delivery of such Bonds or shall not have held such office on the date of such Bonds, all as provided in the Act and the Bond Procedures Act of 1981, as amended. The Initial Bond, payable to the Purchaser, shall be executed and submitted to the Attorney General of Texas for approval, and thereupon certified by the Comptroller of Public Accounts of the State of Texas by his manual signature or by the manual signature of one of his deputies thereunto duly authorized. The Definitive Bonds shall be valid or obligatory upon receipt by the Paying AgentlRegistrar of a Certificate of Authentication substantially in the form of the Certificate of Authentication of Paying AgentlRegistrar set forth in Section 3 hereof, and such executed certificate upon any Defmitive Bond shall be conclusive evidence that such Definitive Bond has been executed and delivered pursuant to this Resolution. 2.09. Paving AgentlRegistrar. The Authority covenants at all times to maintain a Paying AgentlRegistrar for the Bonds meeting the qualifications herein set forth. The form, terms, and provisions of the Paying AgentlRegistrar Agreement are hereby approved in all respects, and the President or Vice President and Secretary or Assistant Secretary of the Board are hereby authorized and directed to execute and deliver the Paying AgentlRegistrar Agreement, with such changes therein as the officers executing the same shall, as evidenced by their signatures thereon, approve. The Authority expressly reserves the right to appoint one or more successor Paying AgentlRegistrars by (I) filing with the Paying AgentlRegistrar then serving a certified copy of a resolution giving notice of the termination of the Authority's agreement with such Paying AgentlRegistrar and appointing a successor and (2) mailing notice to all of the registered owners of the Bonds. Every Paying AgentlRegistrar appointed hereunder shall at all times be a corporation organized and doing business under the laws of the United 7 e e States of America or of any State. authorized under such laws to exercise trust power, and subject to supervision or examination by federal or state authority. 2.10. Mutilated. Lost. Destroved. or Wronefully Taken Bonds. If any mutilated Bond is surrendered to the Paying AgentlRegistrar or the Authority and the Paying AgentlRegistrar receive evidence to their satisfaction of the ,destruction, loss, or theft of any Bond, and there is delivered to the Authority and the Paying AgentlRegistrar such 'security or indemnity as may be required by them to save each of them harmless, and the Authority and the Paying AgentlRegistrar have no notice that such Bond has been acquired by a bona fide purchaser, then and in either such event the Authority shall execute and upon its request the Paying AgentlRegistrar shall register and deliver, in . exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate and principal amount, bearing a number not contemporaneously outstanding. Upon the issuance of any new Bond under this Section 2.09, the Authority may require the payment by the registered owner thereof of a sum sufficient to cover any tax or other governmental charge that may be imposed in I:elation thereto and any other expenses (including the fees and expenses of the Paying AgentlRegistrar) connected therewith. Every new Bond issued pursuant to this Section 2.09 in lieu of any mutilated, destroyed, lost., or stolen Bond shall constitute a replacement of the prior obligation of the Authority, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at the time enforceable by anyone, and shall be entitled to all the benefits of this Resolution equally and ratably with all other outstanding Bonds. ' 2.11. Nonpresentment of Bonds. In the event any Bond shall not be presented for payment when the principal thereof or interest thereon, if applicable, becomes due, either at maturity or otherwise, or if any check or draft representing payment of principal of or interest on the Bonds shall not be presented for payment, if funds sufficient to pay the principal of or interest on such Bond shall have been made available by the Board to the Paying AgentlRegistrar for the benefit of the Registered Owner thereof, all liability of the Authority to the Registered Owner thereof for the payment of the principal of or interest on such Bond shall cease, terminate, and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds in trust, uninvested and without liability for interest thereon, for the benefit of the Registered Owner of such Bond who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution with respect to the principal of or interest on such Bond. To the extent applicable, the Paying AgentlRegistrar shall hold and apply any such funds in accordance with Title 6, Texas Property Code, as amended, and shall comply with the reporting requirements of Chapter 74, Texas Property Code, as amended. Section 3. FOR.\1 OF BONDS Al'm CERTIFICATES THEREON. The form of the Bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be typed or printed on each of the Initial Bond only, the form of Statement of Insurance, if applicable, and the form of Certificate of Authentication of the Paying AgentlRegistrar to be typed or printed on all of the Definitive Bonds shall be, respectively, substantially as set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Resolution and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including the reproduction of an opinion of counsel), thereon as may, consistently herewith, be established by the Authority or determined by the officers executing such Bonds as evidenced by their execution thereof. United States of America State of Texas LA PORTE AREA WATER AUTHORITY CONTRACT REVENUE REFUNDING BOND, SERIES 1999 [FOR.t\t1 OF FACE OF THE DEFINITIVE BOND] NUMBER R- REGISTERED DENOMINATION $ REGISTERED INTEREST RATE % MATURITY DATE DATED DATE September 15, 1999 CUSIP NO. 8 e e REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS ($ ON THE MATURITY DATE, specified above, the LA PORTE AREA WATER AUTHORITY (the "Authority"), hereby promises to pay to the Registered Owner, specified above, or the registered assignee hereof (hereinafter called the "registered owner") the Principal Amount, specified above, and to pay interest thereon calculated on the basis ofa 360 day year of twelve 30 day months, from the Dated Date, specified above, to the date of its scheduled maturity or the date of its redemption prior to scheduled maturity, at the Interest Rate per annum, specified above, with said interest being payable on March IS, 2000, and semiannually on each September IS and March IS thereafte~. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the designated payment office of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION which is the "Paying AgentlRegistrar" for this Bond. The payment of interest on this Bond shall be made by the Paying AgentlRegistrar to the registered owner hereof as shown by the "Registration Books" kept by the Paying AgentlRegistrar at the close of business on the Record Date (hereinafter described) by check drawn by the Paying AgentlRegistrar on, and payable solely from, funds of the Authority required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying AgentlRegistrar by United States mail, postage prepaid, on each such interest payment date, to the registered owner hereof at its address as it appears on the Registration Books kept by the Paying AgentlRegistrar, as hereinafter described. Upon written request, the registered owner of any Bonds of at least $1,000,000 in principal amount may receive payment of interest by wire transfer. The record date ("Record Date") for the interest payable on any interest payment date means the last calendar day of the month next preceding such interest payment date. In the event of a non-payment of interest on a scheduled payment date, and for 30 calendar days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying AgentlRegistrar, if and when funds for the payment of such interest have been received from the Authority. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be IS days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of each registered owner of a Bond appearing on the books of the Paying AgentlRegistrar at the close of business on the last business day next preceding the date of mailing of such notice. The Authority covenants with the registered owner of this Bond that no later than each principal payment date and interest payment date for this Bond it will make available to the Paying AgentlRegistrar the amounts required to provide for the payment, in immediately available funds by wire transfer or other means acceptable to the Paying Agent/Registrar. of all principal of and interest on the Bonds, when due, in the manner set forth in the resolution authorizing the issuance of this Bond adopted by the Board of Directors of the Authority on September 8, 1999 (the "Resolution"). REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH IN THIS SPACE. IN WITNESS WHEREOF this Bond has been signed with the manual or facsimile signature of the President of the Board of Directors oftbe Authority and countersigned with the manual or facsimile signature of the Secretary of the Board of Directors, and the official seal of the Authority has been duly impressed, or placed in facsimile, on this Bond. LA PORTE AREA WATER AUTHORITY xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Secretary, Board of Directors xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx President, Board of Directors 9 e e (AUTHORITY SEAL) [FOR.\1 OF BACK PANEL OF BOND] THIS BOND is one of a series of bonds of like tenor and effect, except as to denomination, nwnber, maturity, interest rate, interest payment, and right of prior redemption, issued in the aggregate principal amount of $8,080,000 for the purposes of refunding the Refunded Bonds (as defmed in the Resolution). THE BONDS of this Series scheduled to mature on and after March 15, 2011 may be redeemed prior to their scheduled maturities, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, at the option of the Authority, on March 15, 2010, or on any date selected by the Authority thereafter, at the redemption price of par plus accrued interest to the date fixed for redemption. If less than all of the Bonds are to be redeemed by the Authority, the Authority shall detennine the maturity or maturities and the amounts therewith to be redeemed and shall direct the Paying Agent/Registrar to call by lot Bonds, or portions' thereof, within such maturity or maturities and in such principal amounts, for redemption. AT LEAST 30 days prior to the date for any redemption of this Bond prior to maturity, a notice of such redemption also shall be sent by the Paying Agent/Registrar by United States mail, first class, postage prepaid, to the registered owner of each Bond, or portion thereof to be redeemed, at its address as it appeared on the Registration Books on the 45th day prior to such redemption date and to major securities depositories, national bond rating agencies, and bond information services, if any exist on such date; provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond. By the date fixed for any such redemption, due provision shall be made by the Authority with the Paying Agent/Registrar for the payment of the required redemption price for this Bond or the portion hereof which is to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so redeemed, thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for its redemption~ and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such redemptions of principal of this Bond or any portion hereof. If a portion of any Bond shall be redeemed, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Authority, all as provided in the Resolution. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Resolution, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the sam~ maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Resolution. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying AgentlRegistrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of 10 e e Assignment printed or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying AgentlRegistrar may be used to evidence the assignment of this Bond or any portion or portions hereof from time to time by the registered owner.. The Authority shall pay the Paying AgentlRegistrar's reasonable standard or customary fees and charges for"transferring and exchanging any Bond or portion thereof; provided, however, that any taxes or governmental charges required to be paid with respect'thereto shall be paid by the one requesting such transfer and exchange. In any circumstance, neither the Authority nor the Paying AgentlRegistrar shall be required (I) to make any transfer or exchange during a period beginning at the opening of business IS calendar days before the day of the first mailing ofa notice of redemption of Bonds and ending at the close of business on the day of such mailing or (2) to transfer or exchange any Bonds so selected for redemption when such redemption is scheduled to occur within 30 calendar days; provided, however, that such limitation shall not be applicable to an exchange by the registered owner of the uncalled principal balance of a Bond. IN THE EVENT any Paying AgentlRegistrar for the Bonds is changed by the Authority, resigns, or otherwise ceases to act as such, the Authority has covenanted in the Resolution that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. BY BECOMING the registered owner of this Bond, the registered owner hereby acknowledges all of the terms and provisions of the Resolution, agrees to be bound by such terms and provisions, acknowledges that the Resolution is duly recorded and available for inspection in the official minutes and records of the Authority, and agrees that the terms and provisions of this Bond and the Resolution constitute a contract between each registered owner hereof and the Authority. THE AUTHORITY HAS RESERVED the right, subject to the restrictions stated in the Resolution, to issue additional revenue obligations which also may be made payable from, and secured by a lien on and pledge of, the "Pledged Revenues" (as defined in the Resolution) on a parity with the Bonds, and the Authority may issue other obligations payable from the revenues of the System junior and subordinate to the Bonds. THE REGISTERED OWNER HEREOF shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation, or from any source whatsoever other than the Pledged Revenues. IT IS HEREBY certifIed and covenanted that this Bond has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a special obligation; and that the principal of, redemption premium, if any, and interest on this Bond are payable from, and secured by a first lien on and pledge of, the Pledged Revenues, which include the Net Revenues of the Authority's Water Supply System presently consisting of payments made under Water Sales Contracts with the City of La Porte, Texas (90.97%), the City of Morgan's Point, Texas (4.29%), and the City of Shoreacres, Texas (4.74%). . . . The Initial Bond shall be in the form set forth above for the Definitive Interest Bond, except the following shall replace the heading and the first two paragraphs: NO. 1-1 58,080,000 United States of America State of Texas LA PORTE AREA WATER AUTHORITY CONTRACT REVENUE REFUNDING BOND, SERIES 1999 Dated Date: September 15, 1999 II e e Registered Owner: Principal Amount: LA PORTE AREA WATER AUTHORITY (the "Authority"), for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner, specified above, or the registered assigns thereof (the "Registered Owner"), the Principal Amount, specified above, with principal installments payable on March IS in each of the years, and bearing interest at per annum rates in accordance with the following schedule: YEARS OF STATED MA TIJRlTIES PRINCIPAL INSTALLMENTS INTEREST RATES (Information to be inserted from schedule in Section 2 hereof.) INTEREST on the unpaid Principal Amount hereof from the Dated Date, specified above, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for shall be paid computed on the basis of a 360- day year of twelve 30-day months; such interest being payable on March IS and September IS of each year, commencing March 15,2000. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The fmal payment of principal of this Bond shall be paid to the Registered Owner hereof upon presentation and surrender of this Bond at fmal maturity, at the designated payment office of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION which is the "Paying AgentlRegistrar" for this Bond. The payment of principal installments and interest on this Bond shall be made by the Paying AgentlRegistrar to the Registered Owner hereof as shown by the "Registration Books" kept by the Paying AgentlRegistrar at the close of business on the Record Date (defined below) by check drawn by the Paying AgentlRegistrar on, and payable solely from, funds of the Authority required to be on deposit with the Paying AgentlRegistrar for such purpose as hereinafter provided; and such check shall be sent by the Paying AgentlRegistrar by United States mail, postage prepaid, on each such payment date, to the registered owner hereof at its address as it appears on the Registration Books kept by the Paying AgentlRegistrar, as hereinafter described. The record date ("Record Date") for payments hereon means the fifteenth calendar day of the month preceding a scheduled payment. In the event of a non-payment of interest on a scheduled payment date, and for 30 calendar days thereafter, a new record date for such payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment thereof have been received from the Authority. Notice of the Special Record Date and of the scheduled payment date of the past due payment (the "Special Payment Date," which shall be 15 calendar days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of the Registered Owner appearing on the books of the Paying AgentlRegistrar at the close of business on the last business day next preceding the date of mailing of such notice. The Authority covenants with the Registered Owner that no later than each principal installment payment date and interest payment date for this Bond it will make available to the Paying AgentlRegistrar the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Bonds, when due, in the manner set forth in the Resolution defmed below. FORl'vt OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be Printed on the Definitive Bonds) PA YING AGENTIREGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Resolution described in this Bond; and that this Bond has been issued in exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, 12 e e Paying AgentlRegistrar By Authorized Representative * * * [FOlUA: OF STATEMENT OF INSURANCE] FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this bond or duly authorized representative or attorney thereof, hereby assigns this bond to I (Assignee's Social Security or Taxpayer Identification Number) I (Print or typewrite Assignee's name and address, including zip code) and hereby irrevocably constitutes and appoints attorney to transfer the registration of this bond on the Bond Registration Books with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Ex.change or a commercial bank or trust company. NOTICE: The signature above must correspond with the name of the Owner as it appears upon the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. The following abbreviations, when used in the assignment above or on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties IT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT - Custodian (Minor) (Cust) under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the list above. * * * FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS [To be printed on or attached to Initial Bond only] COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO: 13 . e I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas COMPTROLLER'S SEAL [END OF FORMS] Section 4. APPLICATION OF BOND PROCEEDS AND OTHER MONEY. Proceeds from the sale of the Bonds will be disbursed in accordance with this Section. $ $ shall be deposited to the Escrow Fund, and shall be deposited to the Bond Fund as accrued interest. The Authority hereby appropriates $ from the Bond Fund for the Refunded Bonds available funds for deposit into the Escrow Fund to pay the principal of the Refunded Bonds and the interest thereon to December 1, 1999. The Authority will pay all costs of issuance from available funds. Section 5. PLEDGE. The Parity Bonds, redemption premium, if any, and any interest payable thereon, are and shall be secured by and payable from a lien on and pledge of the Pledged Revenues, and the Pledged Revenues are further pledged irrevocably to the establishment and maintenance of the Funds created by this Resolution. The Parity Bonds are not and will not be secured by or payable from a mortgage or deed of trust on any real, personal, or mixed properties constituting the System. The registered owner of the Parity Bonds shall never have the right to demand payment of such obligations out of any funds raised or to be raised by taxation, or from any source whatsoever other than the Pledged Revenues. This Resolution shall not be construed as requiring the Authority to expend any funds which are derived from sources other than the operation of the System, but nothing herein shall be construed as preventing the Authority from doing so. Section 6. RATES. The Authority covenants and agrees with the holders of the Parity Bonds that it will: (a) subject to any restrictions in the Water Sales Contracts, fIx and maintain rates and collect charges for the facilities and services afforded by the System which will provide revenues suffIcient at all times (i) to pay all Operating Expenses; (ii) to establish and maintain the Bond Fund; and (iii) to pay all indebtedness outstanding against the System, other than the Parity Bonds, as and when the same become due; and (b) deposit as collected all Gross Revenues into the Revenue Fund. Section 7. FUNDS AND REVENUES. 7.01. Creation of Funds. All Revenues shall be kept separate and apart from all other funds of the Authority, and the following special funds ("Funds") shall be established and maintained in an official depository bank or depository banks of the Authority so long as any of the Parity Bonds, or interest thereon, are outstanding and unpaid: (a) La Porte Area Water Authority Revenue Fund (the "Revenue Fund"); (b) La Porte Area Water Authority Bond Fund (the "Bond Fund"); (c) La Porte Area Water Authority Reserve Fund (the "Reserve Fund"); and (d) La Porte Area Water Authority Escrow Fund (the "Escrow Fund"). 14 e e 7.02. Revenue Fund. All Gross Revenues are and shall be credited to the Revenue Fund immediately upon receipt. Payments from the Revenue Fund shall be made with the priorities specified in Section 7.10 hereof. 7.03. Bond Fund. The Bond Fund is created for the sole purpose of paying the principal of, redemption premium, if any, and interest on the Parity Bonds, as the same come due. Payments into the Bond Fund shall be made in substantially equal monthly payments (commencing with respect to the Bonds and any Additional Bonds on the date of delivery to the initial purchaser thereof) during each year in which any of the Parity Bonds are outstanding in an aggregate amount equal to the amounts required to meet the interest and principal payments falling due on or before the next maturity date or mandatory redemption date of the Parity Bonds. The Authority shall, at least five days prior to March 15,2000, and each September 15 and March 15 thereafter, deposit into the Bond Fund any additional Pledged Revenues available in the Revenue Fund which may be necessary to pay in full the interest on and principal, if any, coming due on such September 15 or March 15. In no event shall any amount in excess of the amounts stated above be retained in the Bond Fund, and any such excess amount may be withdrawn by the Authority and replaced in the Revenue Fund. 7.04. Reserve Fund. The Reserve Fund shall be used to pay the principal of and interest on the Parity Bonds when and to the extent the amounts in the Bond Fund available for such payment are insufficient for such purpose, and may be used for the purpose of fmally retiring the last of the Bonds. Funds for the reserve fund will be appropriated from the refunded bonds and deposited in the reserve fund account. Notwithstanding any provision hereof to the contrary, no deposits shall be made into the Reserve Fund at a time when there is a deficiency in the amount on deposit in the Bond Fund nor shall any deposits be made into the Reserve Fund at any time it contains an amount equal to or greater than the Reserve Requirement. If and whenever the balance in the Reserve Fund is reduced below the Reserve Requirement, the Authority shall, from the first available and unallocated Pledged Revenues of the following month or months, cause amounts equal in the aggregate to any such deficiency to be set apart and transferred into the Reserve Fund from the Revenue Fund; provided, however, that in any event the Reserve Requirement shall be restored to the Reserve Requirement within 24 months of such reduction. If at the end of any fiscal year, surplus funds remain in the Reserve Fund resulting from any reduction of the Reserve Requirement or otherwise, they shall be promptly transferred from the Reserve Fund into the Bond Fund and payments into the Bond Fund from the Revenue Fund shall be reduced accordingly. 7.05. Escrow Fund. The amount described in Section 4 shall be deposited in the Escrow Fund, hereby created, pursuant to the Escrow Agreement. 7.06. Deficiencies. If in any month the Authority shall fail to deposit into any Fund provided for by this Resolution the full amounts required, amounts equivalent to such deficiencies shall be set apart and paid into said Funds from the first available and unallocated Revenues of the following month or months, and such payment shall be in addition to the amounts otherwise required to be paid into said Funds during such month or months. To the extent necessary, the Authority shall increase the rates and charges for its services to make up for any such deficiencies. 7.07. Sumlus Monev. Notwithstanding the provisions of Section 5 hereof, Net Revenues in excess of those necessary to establish and maintain the Funds required in this Resolution may be used for any purpose now or hereafter authorized by law. 7.08. Investments. Money in any Fund established by this Resolution may, at the option of the Authority, be placed or invested as permitted by the Texas Public Funds Investment Act, as amended, Chapter 2256, Texas Goverrrrnent Code. 7.09. Funds Secured. Money in all funds created by this Resolution, to the extent not invested, shall be secured in the manner prescribed by law for securing funds of the Authority. 7.10. Priority of Deoosits and Payments from Revenue Fund. The Board shall make the deposits and payments from Pledged Revenues in the Revenue Fund when and as required by any Parity Bonds Resolution or any resolution authorizing subordinate lien bonds, and, after payment of Operating Expenses, such deposits shall be made in the following order and with the following irrevocable priorities, respectively: 15 e e First: to the Bond Fund, when and in the amounts required by any Parity Bonds Resolution; Second: to the Reserve Fund, when and in the amounts required by any Parity Bonds Resolution; Third: to the payment of principal, interest and reserve fund requirements for any obligations which hereafter may be issued by the Board that are payable from and secured by a lien on and pledge of the Pledged Revenues which is subordinate to the liens of the Parity Bonds, when and in the amounts required by any resolution authorizing the issuance of such subordinate lien obligations; and Fourth: for any lawful purpose. Section 8. ADDITIONAL BONDS. In addition to inferior lien bonds permitted to be issued hereunder, the Authority expressly reserves the right hereafter to issue Additional Bonds, and the Additional Bonds, when issued, may be secured by and payable from a lien on and pledge of the Pledged Revenues in the same manner and to the same extent as the outstanding Parity Bonds but subject to the remaining provisions hereof, and the Bonds and the Additional Bonds may be in all respects of equal dignity. The Additional Bonds may be issued to provide funds for Capital Acquisitions, Capital Additions, and Capital Improvements, and for any other lawful purpose. It is provided, however, that no Additional Bonds shall be issued unless such Additional Bonds are made to mature on March 15 in each of the years in which they are scheduled to mature, and the following requirements are met . 8.01. Conditions Precedent for Issuance of Additional Bonds - General. As a condition precedent to the issuance of any Additional Bonds, the officer of the Authority then having the primary responsibility for the financial affairs of the Board shall hay~ executed a certificate stating (i) that the Authority is not then in default as to any covenant, obligation, or agreement contained in any proceeding relating to any obligations of the Authority payable from and secured by a lien on and pledge of the Pledged Revenues and (ii) all payments into all funds or accounts created and established for the payment and security of all outstanding obligations payable from and secured by a lien on and pledge of the Pledged Revenues have been made in full and that the amounts on deposit in such funds or accounts are the amounts then required to be deposited therein. Such certificate shall be dated as of the date of such Additional Bonds. 8.02. Conditions Precedent for Issuance of Additional Bonds - Caoital ACQuisitions. Caoital Improvements. and anv other lawful DUfllOse exceot for Caoital Additions or for refunding. The Authority covenants and agrees that Additional Bonds will not be issued for the purpose of financing Capital Acquisitions, Capital Improvements, or any other lawful purpose (except for Capital Additions or for refunding, which are to be issued in accordance with the provisions of clauses (c), (d), or (e) of this Section) unless and until the conditions precedent in clause (a) above have been satisfied and, in addition thereto, the Authority has secured a certificate or opinion of the Accountant to the effect that, according to the books and records of the Authority, the Net Revenue for the preceding Year or for 12 consecutive months out of the 15 months immediately preceding the month the order or resolution authorizing the Additional Bonds is adopted are at least equal to the sum of 1.25 times the Average Annual Principal and Interest Requirements for the outstanding Parity Bonds and for the proposed Additional Bonds. In making a determination of the Net Revenue, the Accountant may (i) take into consideration a change in the rates and charges for services and facilities afforded by the System that became effective at least 60 days prior to the last day of the period for which Net Revenue are determined and (ii) for purposes of satisfying the above Net Revenue test, make a pro forma determination of the Net Revenue for the period of time covered by his certification or opinion based on such change in rates and charges being in effect for the entire period covered by the Accountant's certificate or opinion. In addition, the revenues and expenses of any Capital Acquisition may be added to the Net Revenue of the Authority for determinations made under this section. 8.03. Conditions Precedent for Issuance of Additional Bonds - Capital Additions: Initial Issue. The Authority covenants and agrees that Additional Bonds will not be issued for the purpose of fmancing Capital Additions, unless the same conditions precedent specified in clause (a) above have been satisfied and, in addition thereto, the conditions precedent specified in clause (b) above are satisfied or, in the alternative, the Authority shall have obtained: 16 . e (a) from the Engineer of Record a comprehensive report for each Capital Addition to be fmanced, which report shall (A) contain (1) detailed estimates of the cost of acquiring and constructing the Capital Addition, (2) the estimated date the acquisition and construction of the Capital Addition will be completed and commercially operative, and (3) a detailed analysis of the impact of the Capital Addition on the financial operations of the System during the construction thereof and for at least five Years after the date the Capital Addition becomes commercially operative, and (B) conclude that (I) the Capital Addition will substantially increase the capacity, or is needed to replace existing facilities, to meet current and projected demands for the service or product to be provided thereby, and (2) the estimated cost of providing the service or product from the Capital Addition will be reasonable in comparison with projected costs for furnishing such service or product from other reasonably available sources; and (b) a certificate of the Engineer of Record to the effect that, based on the report prepared for each Capital Addition, the projected Net Revenue for each of the five Years subsequent to the date the Capital Addition becomes commercially operative (as estimated in such report) will be equal to at least 1.25 times the Average Annual Principal and Interest Requirements for Pari~ Bonds then outstanding or incurred and all Parity Bonds estimated to be issued, if any, for all Capital Acquisitions, Capital Improvements, and Capital Additions then in progress or then being initiated during the period from the date the first series of obligations for the Capital Additions is to be delivered through the fifth Year subsequent to the date the Capital Addition is estimated to become commercially operative. The Board covenants that it will adopt on or before the closing date for the proposed Additional Bonds and enforce any periodic rate increases described in the report of the Engineer of Record; provided, however, if such rate increases are not actually needed for any Year, the Board may by subsequent resolution delay such increase until it becomes actually necessary to comply with its covenants in Section 8 of this Resolution. 8.04. Conditions Precedent for Issuance of Additional Bonds - Capital Additions: Subsequent Issues. Once the initial Parity Bonds have been delivered for a Capital Addition, the Authority reserves the right to issue Additional Bonds to fmance the remaining costs of such Capital Addition in such amounts as may be necessary to complete the acquisition and construction thereof and make the same commercially operative without satisfaction of any condition precedent under clause (b) or clause (c) of this Section but subject to satisfaction of the following conditions precedent: (a) the Board makes a forecast (the "Forecast") of the operations of the System demonstrating the System's ability to pay all obligations payable from the Pledged Revenues of the System to be outstanding after the issuance of the Parity Bonds then being issued for the period (the "Forecast Period") of each ensuing Year through the fifth Year subsequent to the latest estimated date such Capital Addition is expected to be commercially operative, and (b) the Engineer of Record reviews the Forecast and executes a certificate to the effect that the Forecast is reasonable, and that based thereon (and such other factors deemed to be relevant), the Pledged Revenues of the System will be adequate to pay all the obligations payable from the Pledged Revenues to be outstanding after the issuance of the Parity Bonds then being issued for the Forecast Period. 8.05. Refundin~ Bonds. The Authority reserves the right to issue refunding bonds to refund all or any part of the outstanding Parity Bonds (pursuant to any law then available), upon such terms and conditions as the Board may deem to be in the best interest of the Authority and its inhabitants, and if less than all such outstanding Parity Bonds are refunded, the conditions precedent (for the issuance of Additional Bonds) set forth in clauses (a) and (b) of this Section shall be satisfied and the Accountant's certificate or opinion required by clause (b) shall give effect to the issuance of the proposed refunding bonds (and shall not give effect to the obligations being refunded following their cancellation or provision being made for their payment). No Accountant's certificate otherwise required by clause (b) will be required for refunding bonds, after giving effect to such proposed refunding, if there is no increase in debt service for any Year before or including any Year in which there will be debt service on Parity Bonds outstanding both before and after such refunding and any such refunding bond does not have a lien on Pledged Revenues superior to the obligation which it refunds. 17 e e 8.06. Determination of Avera~e Annual Princioal and Interest Reauirements. With reference to Additional Bonds anticipated and estimated to be issued or incurred, the Average Annual Principal and Interest Requirements therefor shall be those reasonably estimated and computed by the officer of the Authority then having the primary responsibility for the fmancial affairs of the Authority. In the preparation of the report required in clause (c)(i) above, the Engineer of Record may rely on other experts or professionals, including those in the employment of the Authority, provided such reports disclose the extent of such reliance and concludes it is reasonable so to rely. In connection with the issuance of Additional Bonds for Capital Additions, the certificate of the Authority's officer and the Engineer of Record, together with the appropriate report for the initial issue and the Forecast for a subsequent issue, shall be conclusive evidence and the only evidence required to show compliance with the provisions and requirements of this section. 8.07. Combined Issues. Parity Bonds for Capital Additions may be combined in a single issue with Parity Bonds, as the case may be, for Capital Acquisitions or Capital Improvements, or for any lawful purpose, provided the conditions precedent set forth in clauses (b) through (e) are complied with as the same relate to the appropriate purpose. 8.08. Reserve Fund. The Authority shall increase the Reserve Fund for such Additional Bonds by (i) providing cash from the proceeds of sale of the Additional Bonds or any other lawfully available source, (ii) a surety bond in lieu thereof, (iii) a combination of such cash and surety bond, or (iv) making equal monthly installment payments to the Reserve Fund over the 24 month period following the issuance of such Additional Bonds, all as the Authority deems reasonable and appropriate; provided, however, that (A) the amount of any such cash, the coverage of any surety bond in lieu thereof, the amount of such cash and the coverage of such surety bond, and the sum of the monthly payments when added together shall at least equal the Reserve Requirement; (B) any such surety bond provided in lieu of cash shall be issued by an insurance company or association of companies whose insured obligations are rated by a nationally recognized rating agency in its highest rating categories; and (C) any such surety bond may be written (or amended) to provide coverage not only for such Additional Bonds but also pro rata for the Parity Bonds then outstanding, provided, any existing cash or surety fund in lieu thereof which secures any such outstanding Parity Bonds is extended ratably to secure the Additional. Bonds then being issued. It is the Authority's intention hereby to provide maximum flexibility with respect to the Reserve Fund to be provided for any Additional Bonds which may be issued hereafter and the foregoing provisions shall be liberally construed in order to achieve that objective without materially'prejudicing the rights and interests of the owners ofany Parir'j Bonds at the time outstanding. 8.09. Subordinate Obligations. The Authority may, at any time and from time to time, for any lawful purpose, issue obligations, the principal of and redemption premium, if any, and interest on which are payable from and secured by a pledge of and lien on the Pledged Revenues junior and subordinate to the lien and pledge created hereby for the security of the Parity Bonds, the payments required to be made hereunder into the Interest and Sinking Fund and the Reserve Fund; provided, however, that any such pledge and lien securing such subordinate obligations shall be, and shall be expressed to be, subordinate in all respects to the pledge of and lien on the Pledged Revenues as security for the Parity Bonds. Section 9. REPRESENTATIONS AND COVENANTS OF THE AUTHORITY. The Authority covenants, warrants, and agrees that in accordance with and to the extent required or permitted by law while the Parity Bonds are outstanding and unpaid: 9.01. General Covenants. (a) Performance. It will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in each Parity Bonds Resolution, and in each and every Parity Bond; it will promptly payor cause to be paid the principal of and interest on every Parity Bond, on the dates and in the places and manner prescribed in the Parity Bonds Resolutions; and it will, at the times and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the Bond Fund and the Reserve Fund; and any holder of the Parity Bonds may require the Authority, its officials and employees to carry out, respect, or enforce the covenants and obligations of the Parity Bonds Resolutions by all legal and equitable means, including specifically, but without limitation, the use and filing of mandamus proceedings in any court of competent jurisdiction against the Authority, its officials and employees. 18 . e (b)Authoritv's Legal Authority. It is a duly created and existing political subdivision of the State of Texas, and is duly authorized under the laws of the State of Texas to create and issue the Parity Bonds; it has the lawful power to pledge the revenues supporting the Bonds and has lawfully exercised said power under the Constitution and laws of the State of Texas, including said power existing under the Act; the Bonds issued hereunder shall be ratably secured by said pledge of revenues, in such manner that one Bond shall have no preference over any other Bond; all action on its part for the creation and issuance of said obligations has been duly and effectively taken; and said obligations in the hands of the holders and owners thereof are and will be valid and enforceable special obligations of the Authority'in accordance with their terms. (c) Title. It has or will obtain lawful title to the lands, buildings, structures, and facilities constituting the System; it will defend the title to all the aforesaid lands, buildings, structures, and facilities, and every part thereof, for the benefit of the holders and owners of the Parity Bonds, against the claims and demands of all persons whomsoever; it is lawfully qualified to pledge the Net Revenues to the payment of the Parity Bonds in the manner prescribed herein; and it has lawfully exercised such rights. (d) Liens. It will from time to time and before the same become delinquent pay and discharge all taxes, assessments, and governmental charges, if any, which shall be lawfully imposed upon it or the System; it will pay all lawful claims for rents, royalties, labor, materials, and supplies which if unpaid might by law become a lien or charge thereon, the lien of which. would be prior to or in~erfere with the liens hereof, s~ that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein; and it will not create or siJffer to be created any mechanic's, laborer's, materialman's or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided, however, that no such tax, assessment, or charge, and that no such claims which might be used as the basis of a mechanic's, laborer's, materialman's, or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the Authority. (e) Operation of Svstem: No Free Service. It shall continuously and efficiently operate the System and maintain the System in good condition, repair, and working order, all at reasonable cost. No free service of the System shall be allowed, and should the Authority, or any of its agencies or instrumentalities, lessees, or concessionaires, make use of the services and facilities of the System, payment monthly of the standard retail price of the services provided shall be made by the Authority, or any of its. agencies or instrumentalities, lessees, or concessionaires, out of funds from sources other than the revenues of the System, unless made from surplus Net Revenues. (f) Further Encumbrance. The rents, revenues, and income of the System have not in any. manner been pledged to the payment of any debt or obligations of the Authority or of the System; and it shall not additionally sell , or encumber the Net Revenues in any manner, except as permitted in the Parity Bonds Resolutions in connection with Additional Bonds, unless said encumbrance is made junior and subordinate in all respects to the liens, pledges, covenants, and agreements of the Prior Lien Bonds Resolution and the Parity Bonds Resolutions; but the right of the Authority to issue revenue bonds payable from a subordinate lien on the surplus Net Revenues is specifically recognized and retained. (g) Insurance. (i) The Board shall cause to be insured for such parts of the System as would usually be insured by corporations operating like properties, with a responsible insurance company or companies, against risks, accidents, or casualties against which and to the' extent insurance is usually carried by corporations operating like properties, including, to the extent reasonably obtainable, fIre and extended coverage insurance, insurance against damage by floods, and use and occupancy insurance. Public liability and property damage insurance shall also be carried unless legal counsel for the Board gives a written opinion to the effect that the Authority and the Board are not liable for claims which would be protected by such insurance. All insurance premiums shall be paid as an Operating Expense. At any time while any contractor engaged in construction work shall be fully responsible therefor. the Board shall not be required to carry insurance on the work being constructed if the contractor is required to carry appropriate insurance. All such policies shall be open to the inspection of the Bondholders and their representatives at all reasonable times. Upon the happening of any loss or damage covered by insurance from one or more of said causes, the Board shall make due proof of loss and shall do all things necessary or desirable to cause the insuring companies to make payment in full directly to the Board. The proceeds of insurance covering such property, together with any other funds necessary and available for such purpose, shall be used forthwith by the 19 e e Board for repairing the property damaged or replacing the property destroyed; provided, however, that if said insurance proceeds and other funds are insufficient for such purpose, then said insurance proceeds pertaining to the System shall be deposited in a special and separate trust fund, at an official depository of the Authority, to be designated the Insurance Account. The Insurance Account shall be held until such time as other funds become available which, together with the Insurance Account, will be sufficient to make the repairs or replacements originally required. (ii) The annual audit hereinafter required may contain a section commenting on whether or not the Board has complied with the requirements of this Section with respect to the maintenance of insurance, and shall state whether or not all insurance premiums upon the insurance policies to which reference is made have been paid. (h) Records. The Board shall keep proper books of record and account in which full, true, proper, and correct entries will be made of all dealings, activities, and transactions relating to the System, the Pledged Revenues, and the Funds created pursuant to this Resolution, and all books, documents, and vouchers relating thereto shall at all reasonable times be made available for inspection upon request of any Bondholder or customer of the Authority. To the extent consistent with the provisions of this Resolution, the Board shall keep its books and records in a manner conforming to standard accounting practices as usually would be followed by private corporations owning and operating a system similar to the System, with appropriate recognition being given to essential differences between municipal and corporate a'ccounting practices. (i) Audits. After the close of each fiscal year, an audit will be made of the books and accounts relating to the System and the Pledged Revenues by an independent certified public accountant or an independent frrm of certified public accountants. The audit shall include a schedule of the deposits made to the various funds created by this Resolution. The annual audit reports shall be open to the inspection of the Bondholders and their agents and representatives at all reasonable times. (j) Governmental A2encies. It will comply with all of the terms and conditions of any and all franchises, permits, and authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental agency; and the Board has or will obtain and keep in full force and effect all franchises, permits, authorization, and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation, and maintenance of the System. (k) No Comoetition. It will not operate, or grant any franchise or permit for the acquisition, construction, or operation of, any facilities which would be in competition with the System, and to the extent that it legally may, the Authority will prohibit any such competing facilities. 9.02 Tax Covenants. (a) General. The Authority covenants to take any action to maintain, or refrain from any action which would adversely affect, the treatment of the Bonds as obligations described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in "gross income" for federal income tax purposes. In furtherance thereof, the Authority specifically covenants as follows: (i) To refrain from taking any action which would result in the Bonds being treated as "private activity bonds" within the meaning of section 141(a) of the Code; (ii) To take any action to assure that no more than 10% of the proceeds of the Bonds or the projects financed therewith are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10% of the proceeds or the projects financed therewith are so used, that amounts, whether or not received by the Authority with respect to such private business use, do not under the terms of this Resolution or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10% of the debt service on the Bonds, in contravention of section 141(b)(2) of the Code; (iii) To take any action to assure that in the event that the "private business use" described in paragraph (ii) hereof exceeds 5% of the proceeds of the Bonds or the projects fmanced therewith, then 20 e e the amount in excess of 5% is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (iv) To take any action to assure that no amount which is greater than the lesser of 55,000,000 or 5% of the proceeds of the Bonds is directly or indirectly used to fmance loans to persons, other than state or local governmental units, in contravention of section I41(c) of the Code; (v) To refrain from taking any action which would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (vi) Except to the extent permitted by section 148 of the Code and the regulations and rulings thereunder, to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defmed in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonds. (vii) To otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149( d) of the Code (relating to advance refundings); . (viii) Except to the extent otherwise provided in section 148(f) of the Code and the regulations and rulings thereunder, to pay to the United States of America at least once during each five year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90% of the "Excess Earnings," within the meaning of section 148(f) of the Code, and to pay to the United States of America, not later than 60 days after the Bonds have been paid in full, 100% of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; (ix) To maintain such records as will enable the Authority to fulfill its responsibilities under this subsection and sections 141 and 148 of the Code and to retain such records for at least six years following the final payment of principal of and interest on the Bonds; (x) To comply with the information reporting requirements of section 149(e) of the Code. For the purposes of the foregoing, in the case of a refunding bond, the term proceeds includes transferred proceeds and, for purposes of paragraphs (ii) and (iii), proceeds of the refunded bonds. The covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Bonds, the Authority will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally-recognized bond counsel, will not adversely affect the exclusion from gross income of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Authority agrees to comply with the additional requirements to the extent necessary. in the opinion of nationally-recognized bond counsel, to preserve the exclusion from gross income of interest on the Bonds under section 103 of the Code. Proper officers of the Authority charged with the responsibility of issuing the Bonds are hereby authorized and directed to execute any documents, certificates, or reports required by the Code and to make such elections, on behalf of the Authority, which may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. Notwithstanding any other provision in this Resolution, to the extent necessary to preserve the exclusion from gross income of interest on the Bonds under section 103 of the Code the covenants contained in this subsection shall survive the later of the defeasance or discharge of the Bonds. 21 . e (b) Covenants Rel!ardinl! Sale. Lease. or Disoosition of Financed Prooertv. The Authority covenants that the Authority will regulate the use of the property fmanced, directly or indirectly, with the proceeds of the Refunded Bonds and will not sell, lease, or otherwise dispose of such property unless (i) the Authority takes the remedial measures as may be required by the Code and the regulations and rulings thereunder in order to preserve the exclusion from gross income of interest on the Bonds under section 103 of the Code or (ii) the Authority seeks the advice of nationally-recognized bond counsel with respect to such sale, lease, or other disposition. Section 10. LIMITED OBUGA TIONS. The Bonds are special obligations of the Authority payable solely from the revenues and funds pledged hereunder, and the registered owners thereof shall never have the right to demand payment thereof out of any other revenues or properties of the Authority, or out of funds raised or to be raised by taxation by the Authority, the Participants, the State of Texas, or any subdivision of any of them. Section 11. DEFAULT PROVISIONS. 11.01. Remedies of Rel1istered Owners. In addition to all rights and remedies of any registered owner of the Bonds provided by the laws of the State of Texas, the Authority and the Board covenant and agree that in the event the Authority defaults in the payment of the principal of or interest on any of the Bonds when due, fails to make the payments required by this Resolution to be made into the Bond Fund, or defaults in the observance or performance of any of the covenants, conditions, or obligations set forth in this Resolution, the registered owner of any of tlie Bonds shall be entitled to a writ of mandamus issued by a court of proper-jurisdiction compelling and requiring the Board and other officers of the Authority to observe and perform any covenant, obligation, or condition prescribed in this Resolution. No delay or omission by any registered owner to exercise any right or power accruing to him upon default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right or power may be exercised from time to time and as often as may be deemed expedient. The specific remedies mentioned in this Resolution shall be available to any registered owner of any of the Bonds and shall be cumulative of all other existing remedies. In no event, however, shall acceleration of the maturities of the Bonds be an available remedy. 11.02. Resolution is Contract. In consideration of the purchase and the acceptance of the Bonds authorized to be issued hereunder by those who shall hold the same from time to time, the provisions of this Resolution shall be deemed to be and shall constitute a contract between the Authority and the registered owners of the Bonds, and the covenants and agreements herein set forth to be performed on behalf of the Authority shall be for the equal benefit, protection, and security of the registered owners of any and all of the Bonds, all of which, regardless of the time or times of their issue or maturity, shall be of equal rank without preference, priority, or distinction except as expressly provided herein. Section 12. DEFEASANCE OF THE BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of this Resolution, except to the extent provided in subsection (d) of this Section, when payment of the principal of and premium, if any, on such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption), or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying AgentlRegistrar for such payment (A) lawful money of the United States of America suffIcient to make such payment or (B) Defeasance Obligations which mature as to principal and interest in such amounts and at such time as will insure the availability of sufficient money to provide for such payment, and when proper arrangements have been made by the Authority with the Paying AgentlRegistrar for the payment of its services until all Defeased Bonds shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the revenue herein levied and pledged as provided in this Resolution, and such principal and interest shall be payable solely from such money or Defeasance Obligations. (b)Any money so deposited with the Paying AgentlRegistrar may at the written direction of the Authority also be invested as hereinbefore set forth, and all income from such Defeasance Obligations received by the Paying AgentlRegistraf which is not required for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Authority, or deposited as directed in writing by the Authority. 22 e e (c) Until all Defeased Bonds shall have become due and payable, the Paying AgentlRegistrar shall perform the services of Paying AgentlRegistrar for such Defeased Bonds the same as if they had not been defeased, and the Authority shall make proper arrangements to provide and pay for such services as required by this Resolution. Section 13. CONTINUING DISCLOSURE. The Authority will enter into a continuing disclosure agreement with each of the Participants. The Authority also covenants, in accordance with the provisions of Section 240.15c2-12 of Chapter 11 of Title 17 of the Code of Federal Regulations (the "Rule"), to provide to each nationally recognized municipal securities information repository ("NRJ\1SIR"), and the State Information Depository ("SID"), in each case as designated by the Commission in accordance with the Rule, annual updates of the fmancial information and operations data contained in the Official Statement. Such annual information and operation data described above is expected to be available within six months of the end of the Authority's fiscal year (which is currently November 1 of each year for the fiscal year ending on the preceding April 30) and will be made available to each NRMSlR and the SID. The Authority further agrees to disclose within a reasonable time to each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and to the SID. notice of the occurrence of any of the following events with respect to the Parity Bonds, if, in the judgment of the Authority, such event is material: (I) principal and interest payment delinquencies; (2) non-payment related events of default; (3) unscheduled draws on debt service reserves reflecting fmancial difiiculties; (4) unscheduled draws on credit enhancements reflecting fmancial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax-exempt status of the Parity Bonds; (7) modifications to rights of Bond holders; (8) bond redemptions; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Parity Bonds; or (11) rating changes. The Authority may from time to time choose to provide notice of the occurrence of certain other events, in addition to those listed above, if, in the sole judgment of the Authority, such other event is material with respect to the Parity Bonds, but the Authority does not undertake to commit to provide any such notice of occurrence of any material event except these events listed above. . The Authority further agrees, in a timely manner, to provide each NRMSlR or to the MSRB and to the SID, notice of a failure of the Authority to provide the required annual fmancial information on or before the date specified in this Section. The Authority may amend its continuing disclosure covenant from time to time to adapt to changed circumstances that arise from a change in legal requirement, a change in law, or a change in the identity, nature, status, or type of operations of the Authority if (i) the covenant, as amended, would have permitted an underwriter to purchase or sell the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances and (ii) either (a) the holders of 51 % in aggregate principal amount of the outstanding Parity Bonds consent to the amendment or (b) any person unaffiliated with the Authority (such as nationally recognized bond counsel) determines that the amendment will not materially impair the interest of the holders or beneficial owners of the Bonds. If the Authority so amends the covenant, it has agreed to include with the next fmancial information and operating data provided in accordance with its covenant an explanation, in narrative fOnD. of the reasons for the amendment and of the impact of any change in the type of fmancial information and operating data so provided. The Authority may terminate its obligations to provide annual financial information and notices of material events, as set forth above, if and when the Authority no longer remains an obligated person with respect to the Parity Bonds within the meaning of the Rule or the Rule does not require such action. The Authority's obligation pursuant to this Section is intended to be for the benefit of the bondholders and is enforceable by said bondholders; however, such enforceability is limited to a right to obtain specific enforcement of the Authority's obligations and any failure by the Authority shall not be considered a default with respect to the Bonds. Section 14. APPROVAL OF OFFICIAL STATEMENT. The Authority hereby approves the form and content of the Official Statement, and any addenda, supplement, or amendment thereto and approves the distribution of such Official Statement in the reoffering of the Bonds by the Underwriter in final form, with such changes therein 23 e e or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. It is further officially found determined and declared that the statements and representations contained in said Official Statement are true and correct in all material respects to the best knowledge and belief of the Authority, and the President of the Board is hereby directed and authorized to execute on behalf of the Authority, and the Secretary of the Board is hereby authorized to attest, the Official Statement and other sale documents. Section 15. SALE OF BONDS. Public advertisement for the sale of the Bonds and bids to purchase the Bonds having been received pursuant thereto, it is hereby found and declared that the bid submitted by (the "Initial Purchaser") is the best bid received; and the sale of the Bonds to the named best bidder, at a price equal to the principal amount of the Bonds plus accrued interest thereon from the date thereof to the date of actual delivery, subject to the unqualified approving opinion, as to the legality of the Bonds of the Attorney General of the State of Texas, and the market opinion of Akin, Gump, Strauss, Hauer & Feld, L.L.P., bond attorneys, is hereby authorized, ratified, approved, and confrrmed. When the Bonds have been approved by the said Attorney General and registered by the Comptroller of Public Accounts of the State of Texas, they shall be delivered to the Initial Purchaser upon receipt of the full purchase price. Section 16. BOOK-ENTRY ONLY SYSTEM. (a) The Definitive Bonds shall be initially issued in the name of Cede & Co., as nominee of DTC, as Registered Owner of the Bonds, and held in custody of DTC. A single certificate will be issued and delivered to DTC for each maturity of the Bonds. Beneficial owners of Definitive Bonds will not receive physical delivery of Bond certificates except as provided hereinafter. For so long as DTC shall continue to serve as securities depository for the Bonds as provided herein, all transfers of beneficial ownership interest will be made by book-entry only, and no investor or other person purchasing, selling, or otherwise transferring beneficial ownership of Bonds is to receive, hold, or deliver any Bond certificate. No person shall acquire or hold any beneficial interest in any Bond representing a portion of the principal amount of such Bond which is other than $5,000 or an integral multiple thereof. (b) Replacement Bonds may be issued directly to beneficial owners of Bonds other than DTC, or its nominee, but only in the event that (i) DTC determines not to continue to act as securities depository for the Bonds (which determination shall become effective no less than 90 days after written notice to such effect to the Board and the Paying Agent/Registrar), or (ii) the Board has advised DTC of its determination (which determination is conclusive as to DTC and beneficial owners of the Bonds) that DTC is incapable of discharging its duties as securities depository for the Bonds, or (iii) the Board has determined (which determination is conclusive as to DTC and the beneficial owners of the Bonds) that the interests of the beneficial owners of the Bonds might be adversely affected if such book-entry only system of transfer is continued. Upon occurrence of any event described in (i) or (ii) above, the Board shall use its best efforts to attempt to locate another qualified securities depository. If the Board fails to locate another qualified securities depository to replace DTC, the Board shall cause to be executed, authenticated, and delivered replacement Bonds, in certificate form, to the DTC participants having an interest in the Bonds as shown on the records of DTC provided by DTC to the Board. In the event that the Board makes the determination described in (iii) above and has made provisions to notify the beneficial owners of Bonds of such determination by mailing an appropriate notice to DTC, it shall cause to be issued replacement Bonds in certificate form to the DTC participants having an interest in the Bonds as shown on the records of DTC provided by DTC to the Board. The Board undertakes no obligation to make any investigation to determine the occurrence of any events that would permit the Board to make any determination described in (ii) or (iii) above. (c) Whenever, during the term of the Bonds, the beneficial ownership thereof is determined by a book entry at DTC, the requirements in this Resolution of holding, delivering, or transferring Bonds shall be deemed modified to require the appropriate person or entity to meet the requirement of DTC as to registering or transferring the book entry to produce the same effect. . (d) If at any time, DTC ceases to hold the Bonds, all references herein to DTC shall be of no further force or effect. Section 17.REFUNDING. 24 e e 17.01. Considerations. The Board hereby calls the Refunded Bonds prior to their maturities on the dates and in the amounts, respectively, as shown on Exhibit "D" incorporated by reference herein as if copied in full. The Board hereby fmds that by refunding the Refunded Bonds the Authority will realize a present value savings in interest costs. 17.02. Escrow Alrreement. The discharge of the Refunded Bonds shall be effectuated pursuant to the terms and provisions of the Escrow Agreement, the terms and provisions of which are hereby approved, subject to such insertions, additions, and modifications as shall be necessary (i) to minimize the Board's costs of refunding, and (ii) to comply with all applicable laws and regulations relating to the refunding of the Refunded Bonds. In order to carry out the intents and purposes of this Resolution, the President of the Board is hereby authorized to execute and deliver the Escrow Agreement on behalf of the Board in multiple counterparts and the Secretary of the Board is hereby authorized to attest thereto and affix the Board's seal. 17.03. Authority Funds Used in Refunding. Funds of the Authority legally available in the amount of $ are hereby appropriated to be used to refund the Refunded Bonds. 17.04. Purchase of United States Treasurv Oblil!ations. To assure the purchase of the Escrowed Securities referred to in the Escrow Agreement, the President of the Board, the General Manager, and the Escrow Agent are hereby authorized to subscribe for, agree to purchase, and purchase non-callable obligations of the United States of America, in such amounts and maturities and bearing interest at such rates as may be required, if any, and to execute any and all subscriptions, purchase agreements, commitments, letters of authorization, and other documents necessary to effectuate the foregoing, and any actions heretofore taken for such purpose are hereby ratified and approved. 17.05. Notice of Redemotion. The principal of and accrued interest on the Refunded Bonds shall be paid on the redemption dates specified in the Report, and the Refunded Bonds are hereby called for redemption on said dates. The Escrow Agent is hereby directed to make appropriate arrangements so that the principal of and accrued interest on such Refunded Bonds may be redeemed at said bank on such redemption date. Unless notice is waived by the owners thereof, a copy of the Notice of Prior Redemption, substantially in the form attached hereto as Exhibit D, shall be delivered to the paying agent bank for such Refunded Bonds and a copy of such Notice of Prior Redemption shall be mailed to the registered owner thereof, or otherwise given as provided in the appropriate order, resolution, or ordinance authorizing the Refunded Bonds. 17.06. Other. To permit the Authority to satisfy in a timely manner all of its obligations under this Resolution, the President of the Board and all other appropriate officers and agents of the Authority are hereby authorized and directed to take all other actions that are reasonably necessary to provide for the refunding of the Refunded Bonds, including without limitation, executing and delivering on behalf of the Authority all certifIcates, consents, receipts, requests, notices, and other documents as may be reasonably necessary to satisfy the Authority's obligations under this Resolution and to direct the transfer and application of funds of the Authority consistent with the provisions of this Resolution. Section 18. FURTHER PROCEDURES. The President of the Board, the Secretary of the Board, and all other officers, employees, and agents of the Authority, and each of them, shall be and t~ey are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the seal and on behalf of the Authority, all such instruments, whether or not herein mentioned, as may be necessary or desirable in this Resolution to carry out the terms and provisions of this Resolution, the Bonds, the Paying AgentlRegistrar Agreement, and the Escrow Agreement Prior to the initial delivery of the Bonds, the President of the Board and Bond Counsel to the Auth.ority are hereby authorized and directed to approve any technical changes or corrections to this Resolution or to any of the instruments authorized by this Resolution necessary in this Resolution to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Resolution, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. 25 e e Section 19. MISCELLANEOUS PROVISIONS. 19.01. Al!reements Authorized. The Escrow Agreement and the Paying AgentlRegistrar Agreement are hereby approved and the President and Secretary of the Board are hereby authorized to execute and deliver same and to execute certificates and other documents pursuant to any such agreement to carry out the intent thereof. 19.02. Parties Interested Herein. Nothing in this Resolution expressed or implied is intended or shall be construed to confer upon, or to give to, any person or entity, other than the Authority, the Paying AgentlRegistrar, the Escrow Agent, and the Registered Owners of the Bonds, any right, remedy, or claim under or by reason of this Resolution or any covenant, condition, or stipulation hereof, and all covenants, stipulations, promises, and agreements in this Resolution contained by and on behalf of the Authority shall be for the sole and exclusive benefit of the Authority, the Paying AgentlRegistrar, the Escrow Agent, and the Registered Owners of the Bonds. 19.03. Aooroval and Reeistration of Bonds. The President of the Board is hereby authorized to have control of the Bonds and all necessary records and proceedings pertaining to the Bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate. The Initial Bond thus registered shall remain in the custody of the President of the Board (or his designee) until delivered to the Underwriter. 19.04. Successors and Assiens. Whenever in this Resolution the Authority is named and referred to, it shall be deemed to include its successors and assigns, and all covenants and agreements in this Resolution made by or on behalf of the Authority shall bind and inure to the benefit of its successors and assigns whether or not so expressed except to the extent otherwise provided in this Resolution. 19.05. No Recourse Against Authority Officers. No recourse shall be had for the payment of the principal of or the interest on the Bonds or for any claims based thereon or on this Resolution against any officer of the Authority or any person executing the Bonds. 19.06. Payine AeentlReeistrar Mav Own Bonds. The Paying AgentlRegistrar, in its individual or any other capacity, may become the owner or pledgee of the Bonds with the same rights it would have if it were not Paying Agent/Registrar. 19.07. Leeal Holidavs. In any case where the date of maturity of the principal of or interest on the Bonds or the date fixed for redemption of any Bonds sh~ll be (a) a legal holiday in the city of the principal office of the Paying AgentlRegistrar or (b) a day on which banking institutions are authorized by law to close in such city, then payment of interest or principal need not be made on such date but may be made on the next succeeding day not a legal holiday or day on which banking institutions are authorized by law to close in such city with the same force and effect as if made on the date of maturity or the date fixed for redemption and no interest shall accrue for the period from and after such date. 19.08. Benefits of Resolution Provision. Nothing in this Resolution, expressed or implied, shall give or be construed to give any person, fum, or corporation, other than the Authority, the Paying AgentlRegistrar, and the registered owners of the Bonds, any legal or equitable right or claim under or in respect of this Resolution or under any covenant, condition or provision herein contained in this Resolution being for the sole benefit of the Authority, the Paying AgentlRegistrar and the registered owners of the Bonds. 19.09. Intelllretations. The titles and headings of the Sections of this Resolution have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms and provisions hereof. This Resolution and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of the Bonds herein authorized and the validity of the lien on and pledge of the revenues from which the Bonds are payable. 26 e e 19.10. Severabilitv. The provisions of this Resolution are severable; and in case anyone or more of the provisions of this Resolution or the application thereof to any person or circumstance should be held to be invalid, unconstitutional, or ineffective as to any person or circumstance, the remainder of this Resolution nevertheless shall be valid, and the application of any such invalid provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. 19.11. Effective Date of Resolution. This Resolution shall take effect and be in full force and effect from and after its passage. PASSED AND APPROVED this 8th day of September, 1999. President, Board of Directors, La Porte Area Water Authority ATTEST: Secretary, Board of Directors, La Porte Area Water Authority 27 e e REtEST FOR CITY COUNCIL AGENDA 1M AGENDA DATE September 8. 1999 REQUESTED BY Jeff Litchfield. Finance Director/ACM _ REPORT; _ RESOLUTION; XX ORDINANCE; The City Council held budget workshops on August 16, 17, and 18, 1999 to discuss proposed budgets for the fiscal year beginning October 1, 1999 and ending September 30, 2000. The Summary of Funds, which is shown below, represents the result of the workshops held with City Council. All changes made by Council were incorporated into the various budgets. General Fund Hotel/Motel Occupancy Tax Economic Development La Porte Development Corporation Tax Increment Reinvestment Zone Utility Sylvan Beach Airport La Porte Area Water Authority Golf Course Motor Pool Computer Fund Employee Health Services General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement Infrastructure Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service Total of All Funds $ 22,761,980 268,500 200,000 178,875 100,000 6,196,315 173,816 52,475 1,511,444 1,135,396 2,369,198 367,707 1,455,250 1,589,000 810,000 400,000 82,500 2,269,969 871,328 823.991 43,617,744 There is no change in the Tax Rate, which has remained constant for the last ten years. The only rate change is in selected golf rates. ACTION REQUIRED BY COUNCIL: Adopt Ordinance Approving Fiscal Year 1999-00 Budget. FUND N/A ACCT NUM: N/A FUNDS AVAILABLE: N/A FotL RERA, CITY MANAGER q - 2 .qq DATE . e ORDINANCE NO. 99- f) ~ ~ 8 ' '~J ~TR;1f/ AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2000; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 1999, through September 30, 2000, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on August 9, 1999, and a public hearing scheduled for September 8, 1999 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and attached hereto by reference as Exhibit "A", is hereby adopted as the Budget for the said City of La Porte, Texas, for the period of October 1, 1999, through September 30, 2000. SECTION 2: Be it FURTHER ORDAINED, that the said City Council fInds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. 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 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 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 8th day of September, 1999. ~ N . an Ma'one'2 A~~~ . Knox Askins, City Attorney ~~~ a ha Gillett, ity Secretary . e REtEST FOR CITY COUNCIL AGENDA 1M AGENDA DATE September 8.1999 REQUESTED BY Jeff Litchfield, Finance Director/ACM _ REPORT; XX RESOLUTION; _ ORDINANCE; On August 16, 1999, the City of La Porte received the Certified Appraisal Roll from the Harris County Appraisal District. Section 26.04 of the State Property Tax Code requires the submission of the Appraisal Roll to the Governing Body. The 1999 Certified Tax Roll for the City of La Porte, as received from the Harris County Appraisal District (HCAD), shows a total appraised value of $1,392,479,000 and a total taxable value of $1,234,048,180. ACTION REQUIRED BY COUNCIL: Approve Resolution for acceptance of the appraisal roll. FUND N/A ACCT NUM: N/A FUNDS AVAILABLE: N/A ~ COUNCIL AGENDA ft>1t RRERA, CITY MANAGER q;:2 .qq DATE e e .... RESOLUTION NO. 99- 29' ~-. - - ~ . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 1999 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT. WHEREAS, the Harris County Appraisal District has submitted to the City Council of the City of La Porte, for approval, the 1999 tax appraisal roll; and WHEREAS, the City Council is of the opinion that the 1999 appraisal roll with the amounts shown therein should be adopted; WHEREAS, the Harris County Appraisal District has reported to the City Council that there was situated in the City of La Porte, as of January 1, 1999, property with a total appraised value of $1,392,479,000 and a total taxable value of $1 ,234,048,180; WHEREAS, new personal property added to the appraisal roll had a total taxable value of $2,205,000 as of January 1, 1999; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT: Section 1. the 1999 taxable roll in the amount of $1,234,048,180, as submitted by the Harris County Appraisal District is hereby adopted; 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 offices of City of La Porte for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 8th day of September, 1999. --p Ii Wi t1 ~ a ha Gillett, CIty Secretary 071 e e HARRIS COUNTY APPRAISAL DISTRICT HOUSTON, TEXAS THE STATE OF TEXAS, } COUNTY OF HARRIS. } 1999 CERTIFICATION OF APPRAISAL ROLL AND LISTING OF PROPERTIES UNDER PROTEST FOR THE CITY OF LAPORTE I. JIM ROBINSON, Chief Appraiser of the Harris County Appraisal District. certify pursuant to Section 26.01 (a), Texas Tax Code, that the 1999 appraisal roll of properties taxable by the CITY OF LAPORTE is attached hereto. The total appraised value now on the appraisal roll for this unit is: $1,392.479,000. . The taxable value now on the appraisal roll for this unit is: $1,234,048,180. Pursuant to Section 26.01 (c), Texas Tax Code, I further certify that I have included in your printed roll a listing of those properties which are taxable by the unit but which are under protest and are therefore not included in the appraisal roll values approved by the appraisal review board and certified above. My estimate of the total taxable value which will be assigned to such properties if the owners' claims are upheld by the appraisal review board is: $26.521.631. Signed this 16th day of August 1999 ~ A:,.,. ~.!~.~~ SJn Robinson. R.P .A. Chief Appraiser ASSESSOR'S ACKNOWLEDGEMENT As tax assessor/collector of the above-named taxing unit. I hereby acknowledge receipt of the certified 1999 appraisal roll on this the _ day of ,1999. ceRra I "EVIlS O'o"a" CSH,'JW 071 e Harris County Appraisal District 2800.h Loop West, Houston, Texas Telephone: (713) 812-5800 Information Center: (713)957.7800 MBiling Address: OFFICE OF CHIEF APPRAISER P.O. Box 920975 iouston. TX 77292-0975 August 16,1999 KATHERINE POWELL TAX ASSESSOR/COLLECTOR CITY OF LA PORTE (071) POBOX 1115 LA PORTE TX 77571-1115 Dear Mrs. Powell: On August 13. 1999, the Appraisal Review Board approved the 1999 appraisal records under Section 41.12. Tax Code. These records, as approved. constitute this year's appraisal roll for the Harris County Appraisal District. Following approval, pursuant to Section 26.01 (a) of the code. the chief appraiser certifies to each taxing unit that part of the approved 1999 appraisal roll which contains properties taxable by the unit. My certification for your unit is enclosed. Please note that the certificate sets out two amounts. First. I have summarized the total market value and the taxable value of all approved accounts included on your certified roll. Second, I have listed my estimate of the taxable value which will be assigned to accounts currently under protest if the owners' claims are upheld by the appraisal review board. These accounts are listed on the paper hard copy of your roll with a flag of "HTS" and a value of "0", but are not included on your certified appraisal roll tape. Your certified roll includes. as of the date of ARB approval. values for those accounts on which no protest was filed, those on which a late protest was filed without "good cause" as determined by the ARB. and those on which a timely-filed or "good cause" late protest has been determined. . Your actual certified roll does not include the values of accounts still under protest (HTS); accounts on our tracking system (PTS) on which the valuation is incomplete and notices have not been mailed; accounts which are ready to notice. or accounts that have been sent notices of appraised value in the last 30 days (OTHER). Properties in these categories will be included in later supplemental rolls as required by Section 25.23. Tax Code. Your certification package contains a report titled "UNCERTIFIED" which summarizes by state property class the appraised and taxable values of all uncertified accounts. It is important to note the total value shown on page 5 of this report differs from the taxable value shown for uncertified accounts on page 3 of the report titled "CERTIFIED TO DATE". The reason for this difference is that uncertified values on the "CERTIFIED TO DATE" report are reduced by substituting the owner's opinion of value and/or estimated hearing loss which we are required to calculate for accounts currently under protest. Also included in your certification materials is a sheet titled "WHERE TO FIND". This sheet notes where to find information you will need to calculate the unit's effective and rollback tax rates. CE1IT02 ItIV'I& 01.01." I'W. CSH 071 August 16, 1999 e APPRAISAL ROLL CERTIFICATION INFORMATION e pg.2 Please review the homestead exemption data in your printouts to ensure that we used the most current information on your exemption rates. Also, remember that all homestead exemptions may be claimed up to one year after the tax is paid or becomes delinquent, whichever is earlier and that under new law, over-6S exemptions are effective immediately upon qualification, but may be claimed without penalty up to one year after qualification. Late-filed homestead applications will cause some reduction in your taxable value. Additional value loss may result from provisions in the Tax Code which allow for district court appeal of ARB decisions, late protests, and corrections. These include protests on grounds that the taxpayer did not receive a required notice. and motions for correction of clerical, form or location, and substantial errors. Sincerely, ~ c... ~ ^ "".. "\A -, V-n' ~~ - ." Jim Robinson, R. P. A. Chief Appraiser Attachments tt!'TCn -(V 101 01.01-91 PJWr "SH 071 e WHERE TO FIND e 1999 TAX RATE CALCULATION INFORMATION COMPTROLLER WORKSHEET NUMBER DESCRIPTION SOURCE 1. 1998 TOTAL TAXABLE VALUE A V2120 RECAP PAGE 4 AV2800 LINE 10 1. LOSSES DUE TO 1998 SUBSTANTIAL ERROR HEARINGS. 2. 1998 SCHOOL DISTRICTS TAXABLE VALUE OF OVER-65 HOMESTEADS WITH TAX CEILINGS (APPRAISED MINUS EXEMPTIONS). 1998 TAXABLE VALUE LOST DUE TO COURT ORDERED REDUCTIONS. AV2120 RECAP PAGE 6 5. AV2800 LINE 8 8. 1998 TAXABLE VALUE LOST DUE TO PROPERTY FIRST QUALIFIED FOR EXEMPTIONS IN 1999. A V2800 LINE 3 9. 1998 TAXABLE VALUE LOST BECAUSE PROPERTY FIRST QUALIFIED FOR AG-APPRAISAL (1-d or 1-d-1), TIMBER APPRAISAL. RECREA TIONAUSCENIC APPRAISAL OR PUBLIC ACCESS AIRPORT SPECIAL APPRAISAL IN 1999. A V2800 LINE 4 15. 1999 TAXABLE VALUE ON THE 1999 CERTIFIED CERTIFIED TO DATE RECAP APPRAISAL ROLL AS OF THIS DATE. (INCLUDING PAGE 2 15.C REDUCTION) 15.C POLLUTION CONTROL VALUE EXEMPTED AV2800 LINE 9 16. 1999 TAXABLE VALUE OF PROPERTIES UNDER PROTEST. CERTIFIED TO DATE RECAP PAGE 3 17. 1999 SCHOOL DISTRICTS TAXABLE VALUE OF OVER-65 AV2800 LINE 5 & LINE 6 HOMESTEADS WITH TAX CEILINGS. 19. 1999 TAXABLE VALUE OF PROPERTIES IN TERRITORY AV2800 LINE 7 ANNEXED SINCE JANUARY 1,1998. 20. 1999 TAXABLE VALUE OF NEW IMPROVEMENTS. AV2800 LINES 1, 2. 12 NEW PERSONAL PROPERTY LOCATED IN NEW & CHARLES STONE MEMO IMPROVEMENTS. AND NEW IMPROVEMENTS TO THE LAND. NOTE: IF YOUR UNIT DEANNEXED PROPERTY AFTER JANUARY 1.1998. YOUR ASSESSOR WILL NEED TO DETERMINE THE VALUE LOST DUE TO DEANNEXATION. OUR COMPUTER SYSTEM IS UNABLE TO CAPTURE DEANNEXATION LOSS. WE HAVE REPORTED THE AMOUNT EXEMPTED AS A RESULT OF THE $500 PERSONAL ":)ROPERTY AND MINERAL EXEMPTIONS UNDER LINE 3A ON THE AV2800 REPORT. crnol !lEV 07 07.'1." "wl eSM e e Harris County Appraisal District 1999 Industrial New Construction Report 071 TO: CITY OF LA PORTE FROM: CHARLES E. STONE, JR. SUBJECT: 1999 INDUSTRIAL NEW CONSTRUCTION VALUE FOR EFFECTIVE TAX RATE CALCULATION. DATE: AUGUST 16, 1999 Since industrial facilities do not always obtain building permits, the new improvements total as shown on your certification of appraisal roll does not include industrial new construction and improvements to the land values. These values are reported below and should be added to your BPS value which is used as new value in your district for effective tax rate calculation. The industrial values include new construction at facilities and improvements to the land worked by both HCAD engineers and the appraisal contractors. If you have any questions, please call Gerald B. Gibson at (713) 957-5652. Industrial New Improvements on the land during 1998 $3,480,750 Industrial New Improvements to the land during 1998 $15,020 Industrial Real and Personal Property Taxable Value Previously Abated $312,880 TOTAL $3,808,650 .. Charles E. Stone, Jr., Director, Industrial Valuation Divi *************************It*************************JIt*********************** 08/14/1999 Harris County Appraisal District AV2800 Data Summary For Jurisdiction 071 For Tax Year 1999 ~ *************************************************************************** 1. Real Property New Improvements Value................. ..... 2. Personal Property New Improvements Value............. ..... 3. Last Year Taxable Value Becoming Exempt This year......... A. Totally Exempt........ 282,720 (Includes Under $500 Exemptions of 1,980) B. Partially Exempt...... 4,694,373 35,706,200 2,205,000 4,977,093 4. Last Year Taxable Value Lost Due To New AG Use This Year.. A. Taxable Value......... 0 B. Productivity Value.... 0 5. Current Year Taxable Value Of Frozen Over-6S Homesteads... o o 6. Current Year Taxable Value Of Over-65 Homesteads Transferred to Surviving Spouse. . . 7. Current Year Taxable Value Added By Annexations* Last Year o o 8. Value Loss From Prior Year Lawsuits................. ...... A. Initial Value......... 1,890,250 B. Final Value..... ...... 1,890,250 o 9. TNRCC Pollution Control Exemption................... ...... 491,200 48,350 10. Last Year Losses Due to Substantial Error Corrections.. ... 11. Current Year Appr. Value Loss Due to Capped Accounts. ..... 12. New Improvements to the Land...................... .... .... 4,224,640 3,239,550 *Annexations may include property added to your jurisdiction as the result of boundary adjustments in the GIS system. For example, you may have gained a property that due to a previously unrecognized boundary error was not coded to you. PAGE 1 DATE 08/14/1999 EXEMPTIONS TAXABLE VALUE 47,526,460 460,843,940 43.716.720 435,885.790 102% 105% 476,660 1,574,100 480.430 1,276.030 99% 123% 12,790 9,779,050 e 12,790 6,443.860 . 100% 120% 135,150 3,147,310 186,960 3.283,930 72% 95% 0 25,750 0 25,750 0% 100% 0 0 0 0 0% 0% 161,640 6,092,260 425, 160 7,631.160 38% 91% 0 0,159,850 16.590 Q,673.750 0% 95% 0 5.000 e 0 84,860 0% 5% 0 69.390 10 73.310 0% 97% 0 0 0 0 0% 0% 0 24,040 06,280 49. 160 0% 16% HARRIS COUNTY APPRAISAL OISTRICT CERTIFIED ROLL PROPERTY USE CATEGORY RECAP UNITS ACREAGE APPRAISED PRODUCTIVITY 8.703 759.9441 608,370.400 0 8.881 803.9192 579.602.510 0 97% 94% 104% 0% 101 20.3500 2.050,760 0 109 20.3500 1 .756.460 0 92% 100% 116% 0% 29 45.0026 9,791.840 0 29 40.4326 6.456.650 0 100% 111% 120% 0% 68 0.0000 3,282,460 0 79 8.0000 3.470.890 0 86% 0% 94% 0% 1 0.0000 25,750 0 1 0.0000 25,750 0 100% 0% 100% 0% 0 0.0000 0 0 0 0.0000 0 0 0% 0% 0% 0% 734 347.0226 6,253.900 0 908 404.5985 8,056.320 0 90% 85% 90% 0% 427 305.5776 0.159,850 0 455 325.9537 0.690.340 0 93% 93% 95% 0% 1 0.0000 5.000 0 1 0.0000 84.860 0 00% 0% 5% 0% 55 280.5947 0 69.390 62 458.1311 0 73,320 88% 87% 0% 97% 0 0.0000 0 0 0 0.0000 0 0 0% 0% 0% 0% 8 53.2876 0 24,040 10 58.2876 23 400 24.040 80% 91% 0% 100% 071 CITY OF LAPORTE AV2120 1999 APPRAISAL ROLL PROPERTY USE CATEGORY YEAR Al REAL RESIDENTIAL SINGLE FAMIL1999(C 1998(C A2 REAL RESIDENTIAL MOBILE HOME 1999(C 1998(C B1 REAL RESIDENTIAL MULTI-FAMILY1999(C 1998(C B2 REAL RESIDENTIAL TWO-FAMILY 1999(C 1998(C 83 REAL RESIDENTIAL THREE-FAMILY1999(C 1998(C B4 REAL RESIDENTIAL FOUR+-FAMILY1999(C 1998(C C1 REAL VACANT RESIDENTIAL IN CI1999(C 1998(C C2 REAL VACANT COMMERCIAL IN CIT1999(C 1998(C C3 REAL VACANT 999(C 998(C 01 REAL ACREAGE RANCHLAND 999(C 998(C 02 REAL ACREAGE TIMBERLAND 999(C 998(C 03 REAL ACREAGE FARMLAND 999(C 998(C PAGE 2 DATE 08/14/1999 EXEMPTIONS TAXABLE VALUE 8,800 15,433,830 8,800 18.187.980 100% 84% 98,260 93,040 0 0 0% 0% 169,790 101,147,870 ~ 130,360 96.826,290 . 130% 104% 8.993,830 368,708.210 9.038.750 385.764,400 99% 95% 0 0 0 0 0% 0% 0 0 0 0 0% 0% 0 0 0 0 0% 0% 0 0 0 0 0% 0% 0 2, 104 , 450 ~ 0 2,084.850 0% 100% 0 42,363,810 0 42,894,300 0% 98% O. 10,379,010 0 11 . 301 , 120 0% 91% 0 965,180 0 112,270 0% 86% HARRIS COUNTY APPRAISAL DISTRICT CERTIFIED ROLL PROPERTY USE CATEGORY RECAP UNITS ACREAGE APPRAISED PRODUCTIVITY 94 355.7232 15,442.630 0 106 602.1596 18.196,780 0 88% 84% 84% 0% 1 7.9000 19 1 , 300 0 0 0.0000 0 0 0% 0% 0% 0% 492 561.2678 101 . 3 1 7 . 660 0 515 558.9563 96,956,650 0 95% 100% 104% 0% 63 546.8328 377,702,040 0 67 623.2569 394.803.150 0 94% 87% 95% 0% 0 0.0000 0 0 0 o. 0000 0 0 0% 0% 0% 0% 0 0.0000 0 0 0 0.0000 0 0 0% 0% 0% 0% 0 0.0000 0 0 0 0.0000 0 0 0% 0% 0% 0% 0 0.0000 0 0 0 0.0000 0 0 0% 0% 0% 0% 3 0.6900 2. 104.450 0 3 0.6900 2.084.850 0 100% 100% 100% 0% 32 02.6561 42.363,810 0 32 02.6561 42.894.300 0 100% 100% 98% 0% 4 1.1478 0.379.010 0 4 1.1478 1 . 301 . 120 0 100% 100% 91% 0% 26 62.2593 965. 180 0 26 62.2593 112.270 0 100% 100% 86% 0% 071 CITY OF LAPORTE AV2120 1999 APPRAISAL ROLL PROPERTY USE CATEGORY YEAR D4 REAL ACREAGE UNDEVELOPED 1999(C 1998(C El REAL FARM&RANCH IMPROVEMENTS 1999(C 199B(C Ff REAL COMMERCIAL 1999(C 199B(C F2 REAL INDUSTRIAL 1999(C 1998(C Gl OIL GAS AND MINERAL RESERVES 1999(C 1998(C HI TANGIBLE PERSONAL VEHICLES 1999(C 1998(C 11 REAL BANKS 1999(C 199B(C Jl REAL&TANGIBLE PERSONAL UTILITI999(C 99B(C J2 GAS COMPANIES 999(C 998(C J3 ELECTRIC COMPANIES 999(C 99B(C J4 TELEPHONE COMPANIES 999(C 99B(C J5 RAILROADS 999(C 99B(C PAGE 3 DATE 08/14/1999 EXEMPTI DNS TAXABLE VALUE 0 10,878.230 0 11,810,690 0% 92% 0 2,044,090 0 1.675,150 0% 122% 322,710 79,494,170 135.200 41.641. 120 _, 238% 56% 0 81,877,870 530 54,014,730 0% 151% 0 435.280 0 631.040 0% 68% 486,530 5,089,020 662.140 4.515.360 73% 112% 0 0 0 0 0% 0% 0 213,430 0 993.080 0% 12:% _ 0 0 0 0% 0% 38,200 0 890.100 0 4% 0% 0 0 0 0 0% 0% 0 O. 40,030 0 0% 0% PAGE 4 DATE 08/14/1999 EXEMPTIONS TAXABLE VALUE 0 0 0 0 0% 0% 0 0 0 0 0% 0% 0 0 0 g%e, 0% 0 0 0 0 0% 0% 0 0 0 0 0% 0% 0 0 0 0 0% 0% 58,430,820 234,048,180 55.850.850 259.079,980 101% 98% e HARRIS COUNTY APPRAISAL DISTRICT CERTI F lED ROLL PROPERTY USE CATEGORY RECAP UNITS ACREAGE APPRAI SED PRODUCTIVITY 4 0.0000 0 0 4 0.0000 0 0 100% 0% 0% 0% 0 0.0000 0 0 0 0.0000 0 0 0% 0% 0% 0% 0 0.0000 0 0 0 0.0000 0 0 0% 0% 0% 0% 0 0.0000 0 0 0 0.0000 0 0 0% 0% 0% 0% 1 0.0000 0 0 1 0.0000 0 0 100% 0% 0% 0% 0 0.0000 0 0 0 0.0000 0 0 0% 0% 0% 0% 4,303 6.886.1048 392,285.570 193.430 5,140 7.483.7825 414.733.470 197.360 94% 92% 98% 98% 071 CITY OF LAPORTE AV2120 1999 APPRAISAL ROLL PROPERTY USE CATEGORY YEAR X4 CEMETERY EXEMPTION 1999(C 1998(C X5 PRIVATE SCHOOL EXEMPTION 999(C 998(C X6 YOUTH OEVELOPMENT EXEMPTION 999(C 998(C X7 HISTORICAL EXEMPTION 999(C 998(C X8 MISCELLANEOUS EXEMPTION 999(C 998(C UO UNKNOWN 999(C 998(C 999(C 998(C .e PAGE 5 DATE 08/14/1999 HARRIS COUNTY APPRAISAL DISTRICT CERTI F I ED ROLL SPECIAL REVALUATION RECAP UNITS ACREAGE APPRAISED PRODUCTIVITY 0 0.0000 0 0 0 0.0000 0 0 0% 0% 0% 0% 0 0.0000 0 0 0 0.0000 0 0 0% 0% 0% 0% 63 333.8823 2,017.560 193,430 70 511.4187 3.775.500 197.360 90% 88% 87% 98% 0 o . 0000 0 0 0 0.0000 0 0 0% 0% 0% 0% 0 0.0000 0 0 0 0.0000 0 0 0% 0% 0% 0% 0 0.0000 0 0 0 0.0000 0 0 0% 0% 0% 0% 0 0.0000 0 0 0 0.0000 0 0 0% 0% 0% 0% AV2120 YEAR 1999(C 1998(C 1999(C 1998(C 1999(C 998(C 999(C 998(C 999(C 998(C 999(C 998(C 999(C 998(C 071 CITY OF LAPORTE 1999 APPRAISAL ROLL CLASSIFICATION TI MB E R AG-10 AG-1D1 AG-1D W/PENALTY AG-1D1 W/PENALTY TIMBER W/PENALTY OTHER/SPECIAL e PAGE 6 DATE 08/14/1999 EXEMPTIONS 97,635,030 95.501 .670 102% 1.458,740 1,001,810 145% 43,445.220 42.530.570 e 102% 5.982,210 6.040,260 99% 500.660 493,420 101% 38.200 951 .280 4% 0 0 0% 0 0 0% 5,100 e 157.360 3% 9,042,950 9.038.750 100% 0 0 0% 0 0 0% 071 CITY OF LAPORTE 1999 APPRAISAL ROLL TYPE HOMESTEAD SURVIVING SPOUSE OVER 65 DISABILITY DISABLED VETERAN TAX EXEMPT ABATEMENTS FREEPORT PRORATIONS POLLUTION CONTROL FOREIGN TRADE CUSTOMS BONDED e e PAGE 7 DATE 08/14/1999 EXEMPTIONS 320,000 129.000 248% 2,710 6.730 40% o o 0% o o 0% o o 0% HARRIS COUNTY APPRAISAL DISTRICT CERTIFIED ROLL EXEMPTION RECAP UNITS ACREAGE APPRAISED 2 0.0000 320.000 3 0.0000 129,000 66% 0% 248% 8 0.0000 2.710 25 0.0000 6.730 32% 0% 40% 0 0.0000 0 0 0.0000 0 0% 0% 0% 0 0.0000 0 0 0.0000 0 0% 0% 0% 0 0.0000 0 0 0.0000 0 0% 0% 0% AV2120 YEAR 1999(C 1998(C 1999(C 1998(C 1999(C 1998(C 1999(C 1998(C 1999(C 1998(C 071 CITY OF LAPORTE 1999 APPRAISAL ROLL TYPE TRANSIT IMMUNE UNDER $500 SOLAR HISTORICAL OTHER EXEMPT PAGE 1 DATE 08/14/1999 HARRIS COUNTY APPRAISAL DISTRICT CERTIFIED TO DATE SUPP N 00 CORR N 00 071 CITY OF LAPORTE 1999 APPRAISAL ROLL CATEGORY RECAP PROPERTY USE TAXABLE VALUE EXEMPTIONS PRODUCTIVITY APPRAI SED ACREAGE UNITS 8.703 o CATEGORY USE PROPERTY 460.843.940 ,574 00 9,779.050 3.147,310 25.750 47.526.460 o 608.370.400 759.944 FAMILY REAL RESIDENTIAL SINGLE A 476,660 2.790 o o 2.050,760 9 . 791 . 840 20.3500 45.0026 HOME REAL RESIDENTIAL MOBILE A2 e o 6,092.260 50 o o 640 o 35 6 o o o o o 29 MULTI-FAMILY REAL RESIDENTIAL B 3.282.460 0.0000 68 REAL RESIDENTIAL TWO-FAMILY B2 25.750 0.0000 REAL RESIDENTIAL THREE-FAMILY B3 o 6.253.900 0.0000 0226 347 o 734 427 FOUR+ FAMILY VACANT RESIDENTIAL IN CITY VACANT COMMERCIAL IN CITY REAL RESIDENTIAL REAL REAL B4 C C2 159,850 5.000 o 59.850 o 305.5776 o o o 69.390 5.000 0.0000 REAL VACANT C3 169.390 o 280.5947 55 RANCHLAND REAL ACREAGE o o o o o 24.040 o 0.0000 o 8 TIMBERLAND REAL ACREAGE 02 5,433.830 . 93.040 01,147,870 368.708.210 24.040 o 53.2876 REAL ACREAGE FARMLAND 03 8,800 98.260 o o 5.442.630 355.7232 94 UNDEVELOPED ACREAGE REAL 04 69,790 8.993.830 o o 300 660 040 9 o 317 377 .702 7.9000 56 2678 546.8328 492 63 IMPROVEMENTS REAL F"RM&RANCH REAL COMMERC IAL E F I NDUSTR IAL REAL F2 e o o o o o o o 0.0000 o o GAS AND MINERAL RESERVES OIL G o 0.0000 o o o o o o 0.0000 o 2 04.450 42,363,810 0,379,010 965.180 o 0.0000 o o o o 04.450 2 0.6900 o o 3 32 PERSONAL VEHICLES TANGIBLE H REAL BANKS UTILITY REAL&TANGIBLE PERSONAL ..I GAS COMPANIES ..12 42.363.810 02.656 ELECTRIC COMPANIES ..13 o o 0.379.010 478 4 26 COMPANIES TELEPHONE ..14 0,878.230 o o o o 180 0.878.230 965 62.2593 0.0000 70 RAILROADS PIPELINES ..15 ..16 PAGE 2 DATE 08/14/1999 EXEMPTIONS TAXABLE VALUE 0 2,044,090 322,710 79,494.170 0 81,877,870 0 435.280 486,530 5.089,020 0 0 e 0 1,213.430 0 0 38.200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e 58.430.820 234.048 80 HARRIS COUNTY APPRAISAL DISTRICT CERTIFIED TO DATE SUPP # 00 CORR # 00 PROPERTY USE CATEGORY RECAP UNITS ACREAGE APPRAISED PRODUCTIVITY 2 0.0000 2.044,090 0 834 0.0000 79.816.880 0 120 0.0000 81,877 .870 0 6 0.0000 435,280 0 429 0.0000 5.575.550 0 0 0.0000 0 0 160 14.6698 1,213,430 0 0 0.0000 0 0 643 1.235.7646 38,200 0 14 19.3755 0 0 78 66.0387 0 0 4 0.0000 0 0 0 0.0000 0 0 0 0.0000 0 0 0 0.0000 0 0 1 0.0000 0 0 0 0.0000 0 0 4.303 6.886.1048 392.285.570 93.430 071 CITY OF lAPORTE 1999 APPRAISAL ROll PROPERTY USE CATEGORY J7 MAJOR CABLE TV SYSTEMS II TANGIBLE PERSONAL COMMERCIAL l2 TANGIBLE PERSONAL INOUSTRIAl M2 TNGBl PERS OTHR-PRIVATE AIRCRFT M3 TANGIBLE PERS OTHR-MOBIlE HOMES M4 MISCELLANEOUS 01 RESIDENTIAL INVENTORY-VACANT 02 RESIDENTIAL INVENTORY-IMPROVED Xl GOVERNMENTAL EXEMPTION X2 CHARITABLE EXEMPTION X3 RELIGIOUS EXEMPTION X4 CEMETERY EXEMPTION X5 PRIVATE SCHOOL EXEMPTION X6 YOUTH DEVELOPMENT EXEMPTION X7 HISTORICAL EXEMPTION X8 MISCEllANEOUS EXEMPTION UO UNKNOWN TOTAL REAl&PERSONAl PROPERTY e e PAGE 3 DATE 08/14/1999 HARRIS COUNTY APPRAISAL DISTRICT CERTIFIED TO DATE SUPP II 00 CORR II 00 SPECIAL REVALUATION RECAP UNITS ACREAGE APPRAISED PRODUCTIVITY 0 0.0000 0 0 0 0.0000 0 0 63 333.8823 2.017.560 93.430 0 0.0000 0 0 0 0.0000 0 0 0 0.0000 0 0 0 0.0000 0 0 071 CITY OF LAPORTE 1999 APPRAISAL ROLL CLASSIFICATION TIMBER AG-1D ". AG-1O 1 AG-1D W/PENALTY AG-1D1 W/PENALTY TIMBER W/PENALTY OTHER/SPECIAL PAGE 4 DATE 08/14/1999 EXEMPTIONS 97.635.030 1.458.740 43.445.220 5.982.210 500.660 38.200 e 0 0 5.100 9.042.950 0 0 320.000 2.710 0 0 0 - HARRIS COUNTY APPRAISAL DISTRICT CERTIFIED TO DATE SUPP N 00 CORR N 00 EXEMPTION RECAP UNITS ACREAGE APPRAISED 6.814 630.0030 486.449,410 30 4.0001 2 . 107 . 200 012 163.8413 65.023.060 136 19.1932 8.345.200 110 2.4261 7.495.000 744 321.1788 38.200 0 0.0000 0 0 0.0000 0 2 0.0000 16.450 3 0.0000 9 . 05 1 . 620 0 0.0000 0 0 0.0000 0 2 0.0000 320.000 8 0.0000 2.710 0 0.0000 0 0 0.0000 0 0 o . 0000 0 071 CITY OF LAPORTE 1999 APPRAISAL ROLL TYPE HOMESTEAD SURVIVING SPOUSE OVER 65 DISABILITY DISABLED VETERAN TAX EXEMPT ABATEMENTS FREEPORT PRORATIONS POLLUTION CONTROL FOREIGN TRAOE CUSTOMS BONDED TRANSIT IMMUNE UNDER $500 SOLAR HISTORICAL OTHER EXEMPT PAGE 5 DATE 08/14/1999 OWNERS VAL TAXABLE VALUE 0 13,685.020 28,908.279 26,521,631 0 30,138,680 28.908.279 70.345,33 e e HARRIS COUNTY APPRAISAL DISTRICT CERTIFIED,TO DATE SUPP N 00 CaRR II 00 UNCERTIFIED SUMMARY UNITS APPRAISED PREVIOUS 138 14,145,160 ,460,190 467 33.221,490 29,620,140 460 31.653.040 25,334,740 065 79.019.690 66.415.070 \ 071 CITY OF LAPORTE 1999 APPRAISAL ROLL TYPE ACCOUNTS ON PTS ACCOUNTS ON HTS OTHER ACCOUNTS TOTAL UNCERTIFIED PAGE 1 DATE 08/14/1999 DISTRICT HARRIS COUNTY APPRAISAL UNCERTI F I ED 071 CITY OF LAPORTE 1999 APPRAISAL ROLL USE CATEGORY RECAP APPRAISED PROPERTY ACREAGE VALUE TAXABLE EXEMPTIONS PRODUCTIVITY UNITS 417 PROPERTY USE CATEGORY 22.769.470 62.420 810 4 4 o 280 26.9 62.2078 REAL RESIDENTIAL SINGLE FAMILY A 060 o 73.480 0.0000 11 HOME REAL RESIDENTIAL MOBILE A2 230,840 502.500 o o o o o 2.920 o o o o o 230.840 502.500 o o 0.0000 0.0000 0.0000 0.0000 9 o o 3 MULTI-FAMILY REAL RESIDENTIAL TWO-FAMILY REAL RESIDENTIAL THREE-FAMILY REAL RESIDENTIAL FOUR+-FAMILY REAL RESIDENTIAL e o 20 383 386.040 65 740 27.0675 5.9126 IN CITY REAL VACANT RESIDENTIAL 740 65 o o o o o 570 34 7 IN CITY VACANT COMMERCIAL REAL o o 5.397 VACANT REAL B B2 B3 B4 C1 C2 C3 o 570 11 o 278 75 6 RANCHLAND REAL ACREAGE o o o o 0.0000 o o TIMBERLAND REAL ACREAGE o o o o 0.0000 FARMLAND REAL ACREAGE 557.500 o o 557.500 63.9239 8 REAL ACREAGE UNDEVELOPED 02 03 04 E o o o o 0.0000 o IMPROVEMENTS REAL FARM&RANCH e o o 5.757 9.383.920 o o o o o o o 5.757 9.383.920 o 0357 0.0000 787 22 73 6 o o 3 COMMERCIAL REAL INDUSTRIAL OIL GAS AND MINERAL RESERVES TANGIBLE PERSONAL VEHICLES REAL F F2 G o o o o o o o o o o o o 0.0000 0.0000 0.0000 o o o o UTILITY REAL BANKS REAL&TANGIBLE PERSONAL GAS COMPANIES H J o o o o 0.0000 "'2 "'3 o o o o 0.0000 ELECTRIC COMPANIES o o o o 0.0000 o o 8 TELEPHONE COMPANIES "'4 "'5 o 40 767 o o o o o 40 767 0.0000 0.0000 RAILROADS PIPELINES "'6 PAGE 2 DATE 08/14/1999 EXEMPTIONS TAXABLE VALUE 0 0 1,050 26,525.760 0 442,200 0 46.000 231,750 1,864,310 0 0 e 0 593.800 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e 4.388.590 72.649.400 HARRIS COUNTY APPRAISAL DISTRICT UNCERTIFlED PROPERTY USE CATEGORY RECAP UNITS ACREAGE APPRAISED PRODUCTIVITY 0 0.0000 0 0 224 0.0000 26.526,810 0 6 0.0000 442,200 0 1 0.0000 46,000 0 127 0.0000 2,096,060 0 0 0.0000 0 0 32 0.0000 593,800 0 0 0.0000 0 0 0 0.0000 0 0 0 0.0000 0 0 0 0.0000 0 0 0 0.0000 0 0 0 0.0000 0 0 0 o . 0000 0 .0 0 0.0000 0 0 0 0.0000 0 0 24 0.0000 0 0 065 544.8511 77.026.420 570 071 CITY OF LAPORTE 1999 APPRAISAL ROLL PROPERTY USE CATEGORY J7 MAJOR CABLE TV SYSTEMS L1 TANGIBLE PERSONAL COMMERCIAL L2 TANGIBLE PERSONAL INDUSTRIAL M2 TNGBL PERS OTHR-PRIVATE AIRCRFT M3 TANGIBLE PERS OTHR-MOBILE HOMES M4 MISCELLANEOUS 01 RESIDENTIAL INVENTORY-VACANT 02 RESIDENTIAL INVENTORY-IMPROVED X1 GOVERNMENTAL EXEMPTION X2 CHARITABLE EXEMPTION X3 RELIGIOUS EXEMPTION X4 CEMETERY EXEMPTION X5 PRIVATE SCHOOL EXEMPTION X6 YOUTH DEVELOPMENT .EXEMPTION X7 HISTORICAL EXEMPTION X8 MISCELLANEOUS EXEMPTION UO UNKNOWN TOTAL REAL&PERSONAL PROPERTY e - PAGE 3 DATE 08/14/1999 HARRIS COUNTY APPRAISAL DISTRICT UNCERTIFIED SPECIAL REVALUATION RECAP UNITS ACREAGE APPRAISED PRODUCTI V ITY 0 0.0000 0 0 0 0.0000 0 0 6 75. 1278 993.270 570 0 0.0000 0 0 0 o . 0000 0 0 0 0.0000 0 0 0 0.0000 0 0 071 CITY OF LAPORTE 1999 APPRAISAL ROLL CLASSIFICATION TI MB E R AG-1D AG- 10 1 AG-1D W/PENAL TV AG-1D1 W/PENALTY TIMBER W/PENALTY OTHER/SPECIAL e - PAGE 4 DATE 08/14/1999 EXEMPTIONS 3.099,340 69,460 005,920 207.820 5.000 0 0 0 0 0 0 0 0 050 0 0 0 HARRIS COUNTY APPRAISAL DISTRICT UNCERTI F lED EXEMPTION RECAP UNITS ACREAGE APPRAISED 239 35.3206 5 . 201 . 580 2 0.4500 88. 100 27 7.0200 584,740 5 3.3936 307.840 1 0.0000 33.400 0 0.0000 0 0 0.0000 0 0 0.0000 0 0 0.0000 0 0 o . 0000 0 0 0.0000 0 0 0.0000 0 0 0.0000 0 5 0.0000 050 0 0.0000 0 0 0.0000 0 0 0.0000 0 071 CITY OF LAPORTE 1999 APPRAISAL ROLL TYPE HOMESTEAD SURVIVING SPOUSE OVER 65 DISABILITY DISABLED VETERAN TAX EXEMPT ABATEMENTS FREEPORT PRORATIONS POLLUTION CONTROL FOREIGN TRADE CUSTOMS BONDED TRANSIT IMMUNE UNDER $500 SOLAR HISTORICAL OTHER EXEMPT e e RAEST FOR CITY COUNCIL AGENDA .M AGENDA DATE September 8. 1999 REQUESTED BY Jeff Litchfield. Finance Director/ACM _ REPORT; _ RESOLUTION; XX ORDINANCE; The Fiscal Year 1999-00 Budget was built around a tax rate of 71 cents per hundred dollar valuation. A breakdown of the tax rate is as follows: General Fund = 57 cents per hundred dollar valuation Debt Service = 14 cents per hundred dollar valuation The tax rate of 71 cents is the same rate that has been adopted for the last ten years. ACTION REQUIRED BY COUNCIL: Approve Ordinance establishing the tax rate for Fiscal Year 1999-00 at 71 cents per hundred dollar valuation. ACCT NUM: N/A CI Y COUNCIL AGENDA FUNDS AVAILABLE: N/A f ,,'" RRERA, CITY MANAGER q -;L.qq DATE . . ORDINANCE NO. 99- 2 3 5 9 AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. That there is hereby levied for the fiscal year beginning October 1, 1999, and ending September 30, 2000, on all real property situated and all personal property owned within the taxable limits of the said City of La Porte, on the first day of January, 1999, except so much as may be exempt under the constitution and laws of the United States, this State, and the City of La Porte, the following taxes: (1) An Ad Valorem Tax of and at the rate of fifty-seven cents ($.57) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States for the current expenses for the support, maintenance, and improvement of the City Government of said City of La Porte; and (2) An Ad Valorem Tax of and at the rate of fourteen cents ($.14) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States, to pay current interest on and provide one year's sinking fund and to pay all of the Principal and Interest accruing on all outstanding general obligation bonds and certificates of obligation lawfully issued by the City of La Porte. That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States. Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of one hundred percent (100%) of the estimated market value thereof. Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and the same are hereby appropriated for the support, maintenance, and improvement of the City Government of the City of La Porte. Section 4. The City Council officially finds, determines, recites and declares that all notices required by law have been published, and that a public hearing as required by law was duly called and held, and that all matters prerequisite to the establishment and levy of an ad valorem tax have been accomplished, all as required by the laws of the State of Texas, and the Home Rule Charter of the City of La Porte. Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. . e Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7. 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. Section 8. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 8th day of September, 1999. ~J1ALUJ ity Secretary ~~:~:;L f<J man Malone, Mayor . A~D:~ W. CI Attorney . e 1999 Planning Calendar City of La Porte I~.~=~~.~=~?.......! Mailing of notices of appraised value by chief appraiser. 117-Mayy~J Deadline for submitting appraisal records to ARB. ~~~ Deadline for ARB to approve appraisal records. 126-JUIY.99 J Deadline for chief appraiser to certify rolls to taxing units. l~~~~~~~~.......J Certification of anticipated collection rate by collector. [~~.~~~~~~~.......J Calculation of effective and rollback tax rates. l~~=~.~~~~.........i ::::~c::::~:tive and rollback tax rates; schedules and fund balances; submission 1...............................1 72-hours notice for meeting (Open Meetings Notice). I08.SCP-99 . Meeting of governing body to discuss tax rate; if proposed tax rate will raise more ...............................1 revenue than the preceding year's revenue, take record vote and schedule public hearing. 1................... ............! 1...............................1 C ' _~.-J L.__......___.......J I................................,! "Notice of Public Hearing on Tax Increase" (1st quarter-page notice) published at least seven days before public hearing. 72-hour notice for public hearing (Open Meetings Notice). Public hearing; schedule and announce meeting to adopt tax rate 3-14 days from this date. "Notice of Vote on Tax Rate" (2nd quarter-page notice) published before meeting to adopt tax rate. 72-hour notice for meeting at which governing body will adopt ta.x rate. I~.~~~~=~~........J ~:~gs::d:~r~ :~ti~~:,ng is 3 to 14 days after public hearing and by September e 1999 Property Tax Rates In City of La Porte -- This notice concerns 1999 property tax rates for City of La POJ1e. It presents infonnation about three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per 5100 of property value. Last year's tas rate: Last year's operating taxes Last year's debt taxes Last year's total taxes Last year's tax base Last year's total tax rate This year's eft'eettve tas rate: Last year's adjusted taxes (after subtracting taxes on lost property) / This year's adjusted tax base (after subtracting value of new property) = This year's effective tax rate ThIs Y8r's roBbaek tas rate: Last year's adjusted operating taxes (after subtracting taxes on lost property and adjusting for transferred function) This year's adjusted tax base = This year's effective operating rate x 1.08 = this year's maximum operating rate + This year's debt rate = This year's rollback rate 57,210,028 51,770,884 58,980,912 51,264,917,183 0.71/5100 58,94.5,.57.5 51,21.5,119,211 0.73/5100 57,187,784 51,21.5,119,211 0..59/5100 0.63/5100 0.14/5100 0.77/5100 e e Schedule A Unencumbered Fund Ba1ances The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund General Fund Debt Service Fund Balance S5,585,717 51,076,829 Schedule B 1999 Debt Service The unit pions to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). Principal or Interest to be Contract Payment Paid from Other Deserlptlon to be PaId from Property Amounts Total of Debt Property Taxes Tales to be Paid Payment General 5225,000 $37,547 SO 5262,547 Obligation Bonds 1989 General 575,000 518,750 SO 593,750 Obligation Bonds 1990 General 5450,000 514,750 SO 5464,750 Obligation Bonds 1991 General 5680,000 5259,770 SO $939,770 Obligation Bonds 1994 General Obligation Bpnds 1998 Total required for 1999 debt service . Amount (if any) paid from funds listed in Schedule A - Amount (if any) paid from other resources - Excess collections last year = Total to be paid from taxes in 1999 + Amount added in anticipation that the unit will collect only l00.000/0ofits taxes in 1999 $0 = Total debt levy $1,813,952 lbis notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at City of La Porte 604 W. Fainnont Parkway, La Porte, Texas 77571. 5125,000 5123,281 SO $248,281 52.009,098 $195,146 $0 $0 $1,813,952 Name of person preparing this notice: Katherine R. Powell Title: Revenue Supervisor Date prepared: August 26, 1999 1999 Elective Tax Rate Works'et Entity Name: City of La Porte File Name: CLP Date: 9/8/99 (Note: Effective August 30, 1999, school districts are not required to calculate and publish an effective tax rate. School districts may complete this part, at their option, or may skip to the Rollback Tax Rate Worksheet.) 1. 1998 total taxable value. Enter the amount of 1998 taxable value on the 1998 tax roll today. Include any adjustments since last year's certification; exclude the Section 25.25(d) one-third over-appraisal corrections from these adjustments. This value includes the taxable value of over-65 homesteads. $1,259,031,630 SCHOOL DISTRICTS. Enter 1998 taxable value ofover-65 homesteads with tax ceilings. Other units enter "0". $0 Preliminary 1998 adjusted taxable value. Subtract line 2 from line 1. $1,259,031,630 1998 total tax rate (per $100). 0.71 1998 taxable value lost because court appeals of ARB decisions reduced 1998 appraised value. $1,890,250 A. Original 1998 ARB values: B. 1998 values resulting from final court decisions: - $1,890,250 C. 1998 value loss. Subtract B from A: $,0 1998 taxable value, adjusted for court-ordered reductions. Add line 3 and line 5C. $1,259,031,630 1998 taxable value of property in territory the unit deannexed after January 1, 1998. Enter the 1998 value of property in deannexed territory, including any territory deannexed by the school district. $0 1998 taxable value lost because property first qualified for an exemption in 1999. Note that lowering the amount or percentage of an existing exemption does not create a new exemption or reduce taxable value. If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount. Do not include value lost due to freeport exemptions or tax abatements. A. Absolute exemptions. Use 1998 market value: $282,720 B. Partial exemptions. 1999 exemption amount, or + $4,694,373 1999 percentage exemption times 1998 value: C. Value loss. Total of A and B: $4,977,093 1998 taxable value lost because property first qualified for agricultural appraisal (l-d or I-d-l), timber appraisal, recreational/scenic appraisal or public access airport special appraisal in 1999. Use only those properties that first qualified in 1999; do not use properties that qualified in 1998. A. 1998 market value: $0 B. 1999 productivity or special appraised value: - $0 C. Value loss. Subtract B from A: $0 Total adjustments for lost value. Add lines 7, 8C and 9C. $4,977,093 1. J. 4. 5. 6. 7. 8. 9. 10. Truth - in -Taxation - July 1999 Page: 1 1999 Elctive Tax Rate Workshtt Entity Name: City of La Porte File Name: CLP Date: 9/8/99 11 12. 13. . 1998 adjusted taxable value. Subtract line 10 from line 6. $1,254,054,537 Adjusted 1998 taxes. Multiply line 4 times line II and divide by 100. $8,903,787 Taxes refunded for yean preceding tax year 1998: Enter the amount of taxes refunded during the last budget year for tax years preceding tax year 1998. Types of refunds include court decisions, Section 25.25(b) and (c) corrections, and Section 31.11 payment errors. Do not include refunds for tax year 1998. This provision applies only to tax years preceding tax year 1998. $41,788 Adjusted 1998 taxes with refunds. Add lines 12 and 13, $8,945,575 Total 1999 taxable value on the 1999 certified appraisal roll today. This value includes only certified values and includes the taxable value of over-65 homesteads with school tax ceilings. Include also the taxable value in reinvestment zone, but remember that the unit will deposit a portion of the taxes to a special tax increment fund. (School districts only adjust for the tax increment financing zone in the rollback rate calculation.) A. Certified values only: $1,234,048,180 B. Counties: Include railroad rolling stock values certified by the State Comptroller: + $0 C. Pollution control exemption: Deduct the value of property exempted for the current tax year for the first time as pollution control property (use this step based on attorney's advice): - $491,200 D. Add A and B, subtract C: $1,233,556,980 Total 1999 taxable value of properties under protest. The chief appraiser certifies a list of properties still under ARB protest. The list shows the district's value and the taxpayer's claimed value, if any, or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total here. $26,521,631 SCHOOL DISTRICTS. Enter 1999 taxable value of over-65 homesteads with tax ceilings. Other units enter "0", $0 1999 total taxable value. Add lines 15D and 16. Subtract line 17. $1,260,078,611 Total 1999 taxable value of properties in territory annexed since January I, 1998. Include both real and personal property. Enter the 1999 value of property in territory annexed, including any territory annexed by the school district. $0 14. IS. 16. 17. 18. 19. Truth - in -Taxation - July 1999 Page: 2 1999 E!ctive Tax Rate Workshtt Entity Name: City of La Porte File Name: CLP Date: 9/8/99 21. 22. 23. 24. Total 1999 taxable value of new improvements and new personal property located in new improvements. "New" means the item was not on the appraisal roll in 1998. An improvement is a building, structure, fixture or fence erected on or affixed to land. A transportable structure erected on its owner's land is also included unless it is held for sale or is there only temporarily. New additions to existing improvements may be included if the appraised value can be determined. New personal property in a new improvement must (1) have been brought into the unit after January 1,1998 and (2) be located in a new improvement. New improvements does include property on which a ta"( abatement agreement has expired for 1999. New improvements do not include mineral interests produced for the first time, omitted property that is back assessed and increased appraisals on existing property. $44,959,400 Total adjustments to the 1999 taxable value. Add lines 19 and 20. $44,959,400 1999 adjusted taxable value. Subtract line 21 from line 18. $1,215,119,211 1999 effective tax rate. Divide line 14 by line 22 and multiply by 100 (per $100). 0.73 COUNTIES ONLY. Add together the effective tax rates for each type of ta"( the county levies. The total is the 1999 county effective tax rate (per $100). 20. A county, city, or hospital district that adopted the additional sales tax in August or November 1998, or in January or May 1999, must adjust its effective tax rate. The Additional Sales Tax Rate Worksheet, immediately following the rollback worksheet, sets out this adjustment. Do not forget to complete the Additional Sales Tax Rate Worksheet if the taxing unit adopted the additional sales tax on these dates. Truth - in -Taxation - July 1999 Page: 3 e e 1999 Rollback Tax Rate Worksheet Entity Name: City of La Porte File Name: CLP Date: 9/8/99 25. 1998 maintenance and operations tax rate (per $100). 0.57 26. 1998 adjusted taxable value. Enter the amount from line 11. $1254054537 17. 1998 maintenance and operations taxes. A. Multiply line 25 by line 26 and divide by 100: S7,148,1l0 B. Cities, counties and hospital districts with additional sales tall: Amount of additional sales tax collected on maintenance and operations in 1998. Enter amount from full year's sales tax revenue spent for M&O in 1998 fiscal year, if any. Other units, enter "0". Counties exclude any amount that was spent for economic development grants from the amount of sales tax spent: + SO C. Counties: Enter the amount for the state criminal justice mandate. If second or later year, the amount is for increased cost above last year's amount. Other units, enter "0": + SO D. Transferring function: If discontinuing all or part of a department, function, or activity and transferring it to another unit by written contract, enter the amount spent by the unit discontinuing the function in the 12 months preceding the month of this calculation. If the unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the unit operated the function. The unit discontinuing the function will subtract this amount in F below. The unit receiving the function will add this amount in F below. Other units, enter "0": +/- SO E. Taxes refunded for years preceding tall year 1998: Enter the amount of M&O taxes refunded during the last budget year for ta.x years preceding tax year 1998. Types of refunds include court decisions, Section 25.25(b) and (c) corrections, and Section 31.11 payment errors. Do not include refunds for tax year 1998. This provision applies only to tax years preceding ta.x year 1998: + S39,674 F. Total of A, B, C and E. For unit with D, subtract if discontinuing function and add if receiving func- tion. S7,187,784 Truth - in -Taxation - July 1999 Page: 1 _ e 1999 Rollback Tax Rate Worksheet 28. SCHOOL DISTRICTS ONLY: Complete the Texas Education Agency's worksheet entitled Worksheet to Assist Districts in Calculating Rollback Rate for either a Education Code Chapter 41 or 42 school district. Enter amount on line 32 of the TEA worksheet for a Chapter 42 district. Enter amount on line 20 of the TEA worksheet for Chanter 41 district. 29. 1999 adjusted taxable value. A. Enter line 22 from the effective tax rate worksheet; school districts, enter line 18; if a school district did not complete the Effective Tax Rate Worksheet, the school district does the following steps (1) to (4) below. (1) Total 1999 taxable value on the 1999 certified appraisal roll today. This value includes only cerfied values and includes the taxable value of over-65 homesteads with school tax ceilings. Include also the taxable value in reinvestment zone, but remember that the unit will deposit a portion of the taxes to a special tax increment fund. (2) Total 1999 taxable value of properties under protest. The chief appraiser certifies a list of properties still under ARB protest. The list shows the district's value and the taxpayer's claimed value, if any, or an estimate of the value if the taxpayer wins. For each oftheproperties under protest, use the lowest of these values. Enter the total here. (3) 1999 taxable value of over-4)5 homesteads with tax ceilings. (4) 1999 taxable value. Add lines (1) and (2) and subtract (3) and enter above at A. B. School districts: Subtract the 1999 captured appraised value of real property taxable by the school district in a tax increment financing zone for which the 1999 taxes will be deposited into the tax increment fund; other units, enter "0." C. Subtract B from A: 30. 1999 calculated maintenance and operations rate. Divide line 27F by line 29C and multiply by 100. School districts: Divide line 28 by line 29C and multiply by 100 (per $100). 31. 1999 rollback maintenance and operation rate. County, cities and others: Multiply line 30 by 1.08. School districts: Add $0.03 to line 30 (per $100). Entity Name: City of La Porte File Name: CLP Date: 9/8/99 $1,215,119,211 so so $0 $0 SI,215,119,211 0.59 0.63 Truth - in -Taxation - July 1999 Page: 2 e e 1999 Rollback Tax Rate Worksheet Entity Name: City of La Porte File Name: CLP Date: 9/8/99 32. Total 1999 debt to be paid with property taxes and additional sales tax revenue. "Debt" means the interest and principal that will be paid on debts that (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year, and (4) are not classified in the unit's budget as maintenance and operations expenses. Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit, if those debts meet the four conditions above. Include only amounts that will be paid from property tax revenue (or additional sales tax revenue). Do not include appraisal district budget payments. List the debt in "Schedule B: Debt Service." Husing unencumbered funds, subtract unencumbered fund amount used from total debt and list remainder here. School districts do not have a Schedule B requirement, effective August 30, 1999. School districts subtract state aid received for principal and interest on debt for facilities. $1,813,952 -Certified 1998 excess debt collections. Enter the amount certified by the collector. $0 Adjusted 1999 debt. Subtract line 33 from line 32. $1,813,952 Certified 1999 anticipated collection rate. Enter the rate certified by the collector. Hthe rate is 100 percent or greater, enter 100 percent. 100.00% 1999 debt adjusted for collections. Divide line 34 by line 35. $1,813,952 1999 total taxable value. Enter the amount on line 18. School districts enter line 29C. $1,260,078,611 1999 debt tax rate. Divide line 36 by line 37 and multiply by 100 (per $100). 0.14 1999 rollback tax rate. Add lines 31 and 38 (per $100). 0.77 COUNTIES ONLY. Add together the rollback tax rates for each type of ta.x the county levies. The total is the 1999 county rollback ta.x rate. 33. 34. 35. 36. 37. 38. 39. 40. .. City of La Porte Worksbeet for Ca ation oftbe 1999 Notice & HAng Limit '" Entity Name: City of La Porte File Name: CLP Date: 9/8/99 1. 1998 adjusted ta.uble value. $1,259,031,630 Enter line 3 of the Effective Tax Rate Worksheet. 1. 1998 total tax rate (per $100). 0.71 Enter line 4 of the Effective Tax Rate Worksheet. 3. Taxes refunded for years preceding tax year 1998. $41,788 Enter line 13 of the Effective Tax Rate Worksheet. 4. Last year's levy. $8,980,912 Multiply line 1 times line 2 and divide by 100. To the result, add line 3. 5. 1999 total taxable value. Enter Line 18 of $1,260,078,611 the Effective Tax Rate Worksheet. 6. 1999 Notice & Hearing Limit (per $100). 0.71 Divide line 4 by line 5 and multiply by 100. * The Notice & Hearing Limit is the highest tax rate that may be adopted without notices and a public hearing. e e City of La Porte GOVERNING BODY SUMMARY #1 Benchmark 1999 Tax Rates September 8, 99 TAX RATE DESCRIPTION OF TAX RATE PER $100 EFFECTNE TAX RATE 0.73 ONE PERCENT TAX INCREASE .. 0.73 ONE CENT PER $100 TAX INCREASE .. 0.74 NOTICE & HEARING LIMIT ... 0.71 ROLLBACK TAX RATE 0.77 LAST YEAR'S TAX RATE 0.71 PROPOSED TAX RATE 0.71 TAX ADDITIONAL LEVY. REVENUE $9,198,574 $0 $9,198,574 $0 $9,324,582 $126,008 $8,946,558 ($252,016) $9,702,605 $504,031 $8,946,558 ($252,016) $8,946,558 ($252,016) * Tax levies are calculated using line 18 of the Effective Tax Rate Worksheet. ** Tax increase compared to effective tax rate. *** Tu N"0.;<<:8& HBB~iII1in9 tilnlcHt~fitetiW1t~mlfqJtkElhed:hout notices and a public hearing. . e City of La Porte GOVERNING BODY SUMMARY #2 1999 Total Tax Levy According to Percentage Tax Rate Increase* September 8,99 TAX RATE TAX ADDITIONAL PERCENTAGE INCREASE* PER S100 LEVY ** REVENUE 0.00% 0.73 $9,198,574 $0 0.50% 0.73 $9,198,574 $0 1. 00 % 0.73 $9,198,574 $0 1.50% 0.74 $9,324,582 $126,008 2.00% 0.74 $9,324,582 $126,008 2.50% 0.74 $9,324,582 $126,008 3.00% 0.75 $9,450,590 $252,016 3.50% 0.75 $9,450,590 $252,016 4.00% 0.75 $9,450,590 $252,016 4.50% 0.76 $9,576,597 $378,023 5.00% 0.76 $9,576,597 $378,023 5.50 % 0.77 $9,702,605 $504,031 6.00% 0.77 $9,702,605 $504,031 6.50% 0.77 $9,702,605 $504,031 7.00% 0.78 $9,828,613 . $630,039 7.50% 0.78 $9,828,613 $630,039 8.00% 0.78 $9,828,613 $630,039 8.50% 0.79 $9,954,621 $756,047 9.00% 0.79 $9,954,621 $756,047 9.50% 0.79 $9,954,621 $756,047 10.00 % 0.80 $10,080,629 $882,055 10.50% 0.80 $10,080,629 $882,055 11.00 % 0.81 $10,206,637 $1,008,063 11.50 % 0.81 $10,206,637 $1,008,063 12.00 % 0.81 $10,206,637 $1,008,063 12.50 % 0.82 $10,332,645 $1,134,071 13.00 % 0.82 $10,332,645 $1,134,071 13.50 % 0.82 $10,332,645 $1,134,071 14.00 % 0.83 $10,458,652 $1,260,078 14.50 % 0.83 $10,458,652 $1,260,078 15.00 % 0.83 $10,458,652 $1,260,078 * Tax increase compared to effective tax rate. ** Tax levies are calculated using line 18 of the Effective Tax Rate Worksheet. City of La Porte GOVERMNGBODYSUMMARY#3 1999 Total Tax Levy According To Tax Rate fncrease In Cents Per 5100* September 8,99 . e TAX RATE TAX ADDITIONAL INCREASE IN CENTS PER $100 * PER $100 LEVY ** REVENUE 0.00 0.73 $9,198,574 $0 0.50 0.74 $9,261,578 $63,004 1.00 0.74 $9,324,582 $126,008 1.50 0.75 $9,387,586 $189,012 2.00 0.75 $9,450,590 $252,016 2.50 0.76 $9,513,594 $315,020 3.00 0.76 $9,576,597 $378,023 3.50 0.77 $9,639,601 $441,027 4.00 0.77 $9,702,605 $504,031 4.50 0.78 $9,765,609 $567,035 5.00 0.78 $9,828,613 $630,039 5.50 0.79 $9,891,617 $693,043 6.00 0.79 $9,954,621 $756,047 6.50 0.79 $10,017,625 $819,051 7.00 0.80 $10,080,629 $882,055 7.50 0.80 $10,143,633 $945,059 8.00 0.81 $10,206,637 $1,008,063 8.50 0.81 $10,269,641 $1,071,067 9.00 0.82 $10,332,645 $1,134,071 9.50 0.83 $10,395,649 $1,197,075 10.00 0.83 $10,458,652 $1,260,078 10.50 0.84 $10,521,656 $1,323,082 11.00 0.84 $10,584,660 $1,386,086 11.50 0.85 $10,647,664 $1,449,090 12.00 0.85 $10,710,668 $1,512,094 12.50 0.86 $10,773,672 $1,575,098 13.00 0.86 $10,836,676 $1,638,102 13.50 0.87 $10,899,680 $1,701,106 14.00 0.87 $10,962,684 $1,764,110 14.50 0.88 $11,025,688 $1,827,114 15.00 0.88 $11,088,692 $1,890,118 15.50 0.89 $11,151,696 $1,953,122 16.00 0.89 $11,214,700 $2,016,126 16.50 0.90 $11,277,704 $2,079,130 17.00 0.90 $11,340,707 $2,142,133 17.50 0.91 $11,403,711 $2,205,137 18.00 0.91 $11,466,715 $2,268,141 18.50 0.92 $11,529,719 $2,331,145 19.00 0.92 $11,592,723 $2,394,149 19.50 0.93 $11,655,727 $2,457,153 20.00 0.93 $11,718,731 $2,520,157 * Tax increase compared to effective tax rate. ** Tax levies are calculated using line 18 of the Effective Tax Rate Worksheet. e e RAEST FOR CITY COUNCIL AGENDA 1M AGENDA DATE 9/8/99 REQUESTED BY Jeff Litchfield, Assistant City Manaaer _ REPORT; _ RESOLUTION; XX ORDINANCE; The 1999-00 Golf Course Budget included an allowance for certain changes to the rates at the Bay Forest Golf Course. Specifically the rate for weekend green fees will increase by $3 for both residential and non- residential players. In addition, the cost for an annual membership will increase by $100. The projected impact of these changes is a $42,700 increase in revenues. A table of the current and new rates is shown below. Current Proposed Resident - Weekend Nonresident - Weekend $ 16 19 $ 19 22 Annual Membership: Resident Senior Citizen Resident Nonresident 700 800 900 800 900 1,000 ACTION REQUIRED BY COUNCIL: Approve Ordinance changing certain rates at the Bay Forest Golf Course. FUND N/A ACCT NUM: N/A FUNDS AVAILABLE: N/A ITY COUNCIL AGENDA fDtL RRERA, CITY MANAGER 9..2.-99 DATE e _ THIS ORDINANCE SHOULD BE 1587-K e e ORDINANCE NO. 99- 1587-1 AN ORDINANCE AMENDING CHAPTER 50, ARTICLE II, "GOLF COURSE CHARGES, APPENDIX A - FEES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; ESTABLISHING A NEW RATE AND FEE STRUCTURE; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; 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 following portions of Section 50-31 and 50-32 (Appendix A - Fees) of the Code of Ordinances, are amended as follows: "(c) Green user fees (2) Weekend fees a. Resident b. Nonresident (d) User fees for annual membership holders (1) Residents (2) Resident senior citizens (3) Nonresidents 19.00 22.00 900.00 800.00 1,000.00" Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required. Section 5. This Ordinance shall be in effect and in force on October 1, 1999. <1JlJlljdNIf.ILIL/L M rtha GIllett, City Secretary PASSED AND APPROVED this the 8th day of September, 1999. CITY OF LA PORTE, TEXAS ~~~ No, im Malone, uay -, /J ~~~ Knox Askins, City Attorney e e CITY SECRETARY'S OFFICE PO Box 1115 La Porte, Texas 77571 Phone: 281-471-502000. 221 Fax: 281-842-1839 Fax To: Bayshore Sun Fax: 281-471-5763 Phone: 281-471-1234 From Martha A. Gillett Date: 09/13/99 Pages: 2 Pages include fax cover Re: Publication Urgent For Review Please Comment Please Reply Please Recycle Please publish the attached public notice on Wednesday, September 15, 1999 and Sunday September 19, 1999. If you have any questions, feel free to give me a call. Thanks, Martha e . PUBLIC NOTICE ORDINANCE NO. 1587-1 AN ORDINANCE AMENDING CHAPTER 50, ARTICLE II, "GOLF COURSE CHARGES, APPENDIX A - FEES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; EST ABLISIDNG A NEW RATE AND FEE STRUCTURE; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. CITY OF LA PORTE s/Nonnan L. Malone, Mayor A TIEST: slMartha A. Gillett. City Secretary APPROVED: s/Knox W. Askins, City Attorney e . e e ORDINANCE NO. 99-2360 AN ORDINANCE APPROVING AN EXTENSION OF THE EMPLOYMENT AGREEXEHT BETWEEN THE CITY 01" LA PORTE AND ROBERT T. HERRERA, CITY MANAGER, I"OR A THREE YEAR TERN COHMEHCING OCTOBER 1, 1999; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; PINDING 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 Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e ORDINANCE NO. 99- 2360 e PASSED AND APPROVED, this ~~ day of September, 1999. ATTEST: L{fjfJH:MJJ. .tI.dldJ Ma tha A. Gillett City Secretary / AP~~ /, /. O~~ Knox W. Askins ' City Attorney _ By: CITY OF LA PORTE ~~~ ~oman L. Malone Mayor PAGE 2 e e E~LO~~NTAGREEMffiNT This Agreement, made and entered into this 23rd of Aueust. 1999. by and between the City of La Porte, State of Texas, a municipal corporation, hereinafter called "Employer" as party of the first part and Robert T. Herrera, hereinafter caned "Employee" as party of the second part, both of whom understand as foUows: WITNESSETH: WHEREAS, Employer desires to employ the services of said Robert T. Herrera as provided by La Porte City Charter; and WHEREAS, it is the desire of the Governing Board, hereinafter called "Council", to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; . and WHEREAS, it is the desire of the Council to: (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment; (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; and (4) to provide a just means for terminating Employee's services at such time as he may be unable to fuUy discharge his duties due to disability or when Employer may otherwise desire to terminate his employ; and WHEREAS, Robert T. Herrera desires to accept employment as City Manager of said City. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said Robert T. Herrera as City l\tlanager of said Employer to perform the functions and duties specified in said La Porte City Charter and to perform other legally permissible and proper duties and functions as the Council shall from time to time assign. Section 2. Term A. Employee agrees to remain in the exclusive employ of Employer until SeDtember 30. 2002, and neither to accept other employment nor to become employed by any other employer until said termination date, unless said termination date is afTected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee's time ofT. 1 e e B. In the event written notice is not given by either party to this agreement to the other 90 days prior to the tennination date as hereinabove provided, this Agreement shaD be extended on the same tenns and on conditions as herein provided, all for an additional period of three (3) years. Said Agreement shall continue thereafter for three-year periods unless either party hereto gives 90 days written notice to the other party that the party does not wish to extend this Agreement for an additional three-year tenn. Section 3. Tennination and Severance Pay A. Pursuant to the provisions of Section 3.01 (b), of the Home Rule Charter of the City of La Porte, the City Manager may be appointed and removed at the will and pleasure of the City Council by a vote of the majority of the entire City Council. In the event Employee is tenninated by the Council before expiration of the aforesaid tenn of employment and during such time that Employee is willing and able to perfonn his duties under this Agreement, then and in that event Employer agrees to pay Employee as severance pay and liquidated damages, twenty-four (24) weeks salary and benefits, payable in installments over Employer's nonnal pay periods. In the event Employee secures other employment during such twenty-four (24) week period, the amount of such salary payments shall be reduced by the amount of salary payment received by Employee from such new employment. In the event Employee is tenninated by Council for cause, as defined in the current edition of the City of La Porte Personnel Policy l\'Ianual, Employer shall have no obligation to pay the severance pay and liquidated damages designated in this paragraph. However, Employee shall be compensated for any accrued sick leave, holidays, and other accrued benefits. B. In the event Employer at any time during the tenn of this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer, or the Employee resigns foUowing a suggestion whether fonnal or infonnal, by the Council that he resign, then, in that event Employee may, at his option, be deemed to be "tenninated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. C. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid tenn of his employment, then Employee shall give Employer thirty (30) days notice in advance, unless the parties otherwise agree. Section 4. Disability H Employee is pennanently disabled or is otherwise unable to perfonn his duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave, or for twenty (20) working days over a thirty (30) working day period, Employer shall have the option to tenninate this Agreement subject to the severance pay requirements of Section 3, paragraph A. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, and other accrued benefits. 2 e e Section 5. Salary Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $112.211.22 payable in installments at the same time as other employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other employees generally. Section 6. Performance Evaluation A. The Council shall review and evaluate the performance of the Employee at least once annually. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Council may from time to time determine. Further, the Mayor shall provide the Employee with a summary written statement of the findings of the Council and provide an adequate opportunity for the Employee to discuss his evaluation with the Council. B. Annually, the Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City and the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable law. Section 7. Hours of Work It is recognized that Employee must devote a great deal of time outside the nonnal office hours to business of the Employer, and to that end Employee will be allowed to take compensatory time ofT as appropriate. Section 8. Automobile Employer shall pay Employee a monthly automobile allowance to the Employee in the amount of $400.00. The employee shall be responsible for paying for liability, property damage and comprehensive insurance on the automobile. Section 9. Disability, Health and Life Insurance A. Employer agrees to provide Employee, Employer paid insurance, such as life, health, medical, hospitalization, and the like, and to pay the premiums thereon, equal to that which is provided for all other employees of Employer. 3 e e B. Employee agrees to submit once per calendar year to a complete executive physical examination by a qualified physician selected by the Employer. Employer shall receive a copy of all medical reports related to said examination. C. Employer agrees to purchase and to pay the required premiums on tenn life insurance policies equal in amount to two times the annual gross salary of Employee, with the beneficiary named by Employee. Section 10. Professional Development A. Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer, including but not limited to the Annual Conference of the Texas City Management Association, the Texas Municipal League and such other national, regional, state and local governmen~ groups and committees thereof which Employee serves as a member. B. City agrees to pay the reasonable expenses involved for l\'Ianager and his spouse to attend two annual City related conferences. C. City agrees to pay reasonable expenses involved with annual professional financial planning consultation and yearly filing of income tax returns prepared by a Certified Public Accountant. D. Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for his continuation and fun participation in national, regional, state and local associations and organizations necessary and desirable of his continued professional participation, growth and advancement, and for the good of the Employer. Section 11. General Expenses Employer recognizes that certain expenses of a nonpersonal and generally job-aftUiated nature are inculTed by Employee, and hereby agrees to reimburse or to pay said general expenses and the Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits upon approval of the Mayor. Section 12. Indemnification Employer shall defend, save hannless and indemnify Employee against any tort, professional, liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the perfonnance of Employee's duties as City l\'lanager. Section 13. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. 4 e e Section 14. Other Terms and Conditions of Employment A. The Council,. in consultation with the Manager, shall affIX any such other tenns and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law. B. All provisions of the City Charter and adopted regulations and roles of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and otber fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual and payment therefore on termination of employment. D. Employer shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. E. The terms and provisions of the current edition of the City of La Porte Personnel Policy Manual, shall be fully applicable to this agreement, except to the extent of any conflict, in which case the terms and provisions of this agreement shall prevail. In the event of a conflict between the provisions of the Home Rule Charter of the City of La Porte and this agreement, the Charter provisions shall prevail. Section 15. General Provisions A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This agreement shall become effective commencing October 1. 1999. D. This agreement supersedes the agreement between the parties dated AU2Ust 1.1997. E. If any provision or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of the Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 5 e e IN WITNESS WHEREOF, the City of La Porte has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Secretary and the Employee has signed and executed this Agreement, both in duplicate, the day and year fmt above written. AITEST: ~l A j vlA(L a. J41l1J.tt. ~tary (Seal) " APPROVED AS TO FORM: ./' /"" ..... / / -'../ / . a~.v;dk ~~ I City Attorney r-., G~ ~ \-\~ Robert T. Herrera, City Manager "EMPLOYEE" City of La Porte, Texas k~~-^- By: Norman L. l\iIalone, ayor "EMPLOYER" This contract/agreement was discuSS~d approved in an ope~d a regular scheduled City CODDeH Meeting, SeptemberS, l~~~~ 6 e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Public Works Requested By: S. Gillett _ Report _ Resolution XX Ordinance Exhibits: Ordinance Establishing School Zone Memo from Police Chief SUMMARY & RECOMMENDATION The established school zone on San Jacinto Street extends from East B Street to 200 feet south of East G Street. With the recent completion of the new La Porte Elementary School, the new entrance is located on East G Street. Together with traffic on G Street associated with the High School, a marked increase in pedestrian and vehicle traffic is occurring on San Jacinto Street at East G Street. The current school zone on San Jacinto at East G Street only extends 200 feet south of East G. The zone needs to be extended south to allow more driver reaction time for the increase in traffic. The attached ordinance increases the school zone on San Jacinto from 200 feet to 500 feet south of East G Street. Action Required by Council: Approve an ordinance lengthening the school zone on San Jacinto to 500 feet south of East G Street. Availability of Funds: General Fund_ WaterlWastewater _ Capital Improvement_ General Revenue Sharing Other Account Number: N/A Funds Available: YES NO . e ORDINANCE NO. 99- 2361 AN ORDINANCE AMENDING CHAPTER 70, ARTICLE III, SECTION 70-97, "SCHOOL ZONES", PARAGRAPH (a) (6), OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; FOR THE PURPOSE OF DESIGNATING MAXIMUM SPEED LIMITS IN A SCHOOL ZONE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Article 670ld, Vernon's Texas Civil Statutes, provides that whenever the governing body of the City of La Porte shall determine upon the basis of an engineering and traffic investigation that any prima facia speed therein set forth is greater or less than is reasonable or prudent under conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of La Porte, taking into consideration, but not limited to, the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and prudent prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signage giving notice thereof is erected at such intersection or other place or part of the street or highway; and WHEREAS, the city Council of the City of La Porte has directed that an Engineering and Traffic Investigation take place for the purpose of ascertaining reasonable and prudent prima facie speed limits within the City of La Porte; and WHEREAS, the results of said Engineering and Traffic Investigation have become known unto the city Council of the City of La Porte; and e e ORDINANCE NO. 99- 2361 PAGE 2 WHEREAS, the City Council of the City of La Porte finds that it is consistent in promoting the health, safety, and welfare of the citizens of the city of La Porte to reduce the maximum speed on said streets of the City of La Porte based upon the results of said engineering and traffic investigation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Article 6701d, Vernon's Texas Civil Statutes, the Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, "Traffic and Vehicles", Article III, section 70-97, subparagraph (a) (6) is hereby amended to read as follows, to-wit: "Section 70-97(a) (6). Maximum limits and school zones. 6. Along San Jacinto from a point 20 feet south of East "B" Street to a point 500 feet south of East "G" Street, a distance of 2,630 feet, 0.498 miles." section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e e ORDINANCE NO. 99- 2361 PAGE 3 section 3. If any section, sentence, phrase, or clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this ordinance, and it is hereby declared to be the intention of this city council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. Any person, as defined in Section 1.07(26), Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. section 6. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this 8th day of september, 1999. By: e e ORDINANCE NO. 99- 2361 PAGE 4 ATTEST: -:tfJauJrdv tI'~M Mar ha A. Gille t City Secretary e e LA PORTE POUCE DEPT. .-. .::--:-:----- --~~:~.~-;~ Interoffice Memo i. AUG 3 1 1999 I August 30, 1999 ..~.I_- :Jo;'~. TO: Steve Gillette b7/J FR: Richard Reft' ,tJ:;("" RE: San Jacinto Street School Zone ----..... ..- As you know, the recent completion of the new La Porte Elementary School and subsequent entrance being situation on East Ave.IG" has caused traffic problems in that area. The traffic into the high school complex on Texas Street at East Ave"'G" only multiplies the problem. We have noticed an marked increase in pedestrian and vehicle traffic at San Jacinto Street and East Ave.IG" due to situation described above. The current school safety zone on San Jacinto extends only 200 feet south of San Jacinto and East Ave"'G". Traffic on San Jacinto should have more distance to react to the crosswalk there. So, I hereby request that the school safety zone on the south end of San Jacinto Street be increased from 200 feet south of Ave.IG" to 500 feet south of Ave."G". A corresponding lengthening ofthe school zone (by ordinance) and relocating of signs will, of course be necessary. e e REQIST FOR CITY COUNCIL AGENO.EM Requested By: Report September 8. 1999 Susan Kelley JJt./ ~ Department: Resolution ~.... or Ordinance Purchasing Agenda Date Requested: Exhibits: Bid Tabulation. Bid List SUMMARY & RECOMMENOA TION Advertised RFP #0078 for Copier Rental and Maintenance Service were received on August 2, 1999. Bid requests were mailed to twelve (12) area dealers with eight (8) returning bids. The RFP requested proposals for eight (8) copiers of various sizes for several City departments. We requested pricing on analog and digital copiers ranging from 20 copies per minute to 70 copies per minute, with a variety of features. Representatives from City Hall, Fire, Police, Parks, and Public Works departments and I formed a copier committee. This committee met several times to evaluate the proposals, decide which copiers to demo, review references, and make a final decision regarding copier needs. The copier committee recommends the following: Location Copier Vendor CPM Monthly Cost City Hall Ricoh Digital Digitex 65 $595.00 City Hall Ricoh Digital Digitex 45 $264.00 Fire Dept Ricoh Digital Digitex 35 $242.00 Parks Admin Ricoh Digital Digitex 65 $591.00 Police Admin Ricoh Digital Digitex 65 $524.00 Police Patrol Ricoh Digital Digitex 35 $212.00 Public Works Ricoh Digital Digitex 65 $488.00 Special Services Minolta Analog Minolta 25 $120.39 The total cost for the year will be $36,436.68. We expect to rent these copiers for a period of three (3) years. We will sign a "Municipal Funding Out" contract in case funds are not available in future years. Sufficient funds have been budgeted by various departments for the 1999-2000 fiscal year. Action Required by Council: Award RFP #0078 - Copier Rental & Maintenance Service to Digitex Corp in the amount of $34,992.00 and Minolta Business Systems in the amount of $1 ,444.68. Availability of Funds: _XX General Fund Capital Improvement Other WaterlWastewater General Revenue Sharing Funds Available XX Yes No 'II" Dae BID TABULATION - COPIERS RFP #0078 BUSINESS 8 $1,085.96 Xerox DC265 $734.96 Xerox 5665 Included $0.0115/0.0068 $365.33 Toshiba DP-6570 $360.03 Toshiba TF-7560 $159.00 $230.00 $0.0065 $0.0115 No Bidl$0.0395/0.0364 Hole Punch 1 No - Hole Punch 2 $363.00 $361.44 Ricoh Aficio 550 Toshiba DP-6570 No Bid $313.14 Toshiba TF-6560 $115.00 $0.0115 $0.0395/0.0364 AMERICA DIGITEX 3 No Bid OFFICE 4 No Bid IKON 7 No Bid 5 OFFICE 2 BUSINESS TLC 6 $450.00 DESCRIPTION Copier #1 - 70 cpm Digita Mode $445.00 Ricoh FT7970 $435.00 RC Star 2465 $175.00 $0.009 No Bid e~ 8 $1,123.52 Xerox DC255 $531.38 Xerox 5855 Included $0.0115/0.0075 $85.00 $0.0065 51Yes No Bid $429.00 RC Star 2465 $89.00 $0.009 $581.00 Canon 6085 $144.00 $0.0072 No Bid 6 $685.00 IR600 $469.00 Canon 6560 $87.00 $0.0087 $481.40 Savin 9965DP $465.30 Savin 2070 $150.00 $416.89 Di620 $393.94 EP8015 $180.00 $0.009 $0.009 Konica 7060 $456.00 Sharp SD-2275 $200.00 $3.00 Analog Model Maintenance 20,000 cpm Overages $0.007 $0.028 No Bid Punch 3 $430.40 Di620 $319.39 EP6001 $90.00 $0.009 $0.009 Hole 41Yes $455.00 Konica 7060 $395.00 Sharp SD-2260 $110.00 $0.115 Cost per Copy - 60 cpm Hole Punch Digita Model Maintenance Overages per Copy Analog Model Optional Copier #2 9 $1,053.12 Xerox DC255 $535.96 Xerox 5855 Included $0.0115/0.0075 3 $365.33 Toshiba DP-6570 No Bid $230.00 $0.0110 $0.0395/0.0364 1 $407.00 Ricoh Aficio 650 No Bid $152.00 $0.0065 6 No Bid $432.00 RC Star 2465 $175.00 $0.009 7 $685.00 IR600 $469.00 Canon 6560 $174.00 $0.0087 2 $429.50 Savin 9955DP $399.30 Savin 2060 $150.00 $75.00 $0.007 $0.049 4 $416.89 Di620 $303.35 EP6001 $180.00 $0.009 $0.009 5 $450.00 Konica 7060 $400.00 Sharp SD-2260 $200.00 $0.11 e 9 $361.44 $1,123.52 Toshiba DP-6570 Xerox DC255 $313.14 $531.38 Toshiba TF-6560 Xerox 5855 $172.50 Included $0.0115 $0.0115/0.0075 $0.0395/0.0364 2 1 $403.00 Ricoh Aficio 650 No Bid $120.00 $0.0065 5 No Bid $429.00 RC Star 2465 $135.00 $0.009 7 $685.00 R600 $469.00 Canon 6560 $130.50 $0.0087 3 $429.50 Savin 9955DP $399.30 Savin 2060 $112.50 $0.007 $0.0275 4 $430.40 Di620 $319.39 EP6001 $135.00 $0.009 $0.009 6 $450.00 Konica 7060 $400.00 Sharp SD-2260 $165.00 $0.115 20,000 cpm Overages Optional Cost per Copy Copier #4 - 60 cpm Digita Mode cpm Cost - 60 cpm Digita Mode Analog Model Maintenance 10,000 Optional Copier #3 Maintenance 15,000 cpm Overages Optional Cost per Copy Analog Mode! BUSINESS 8 $694.36 Xerox DC340 $531.38 Xerox 5855 Included 36/0.0075 "'~r-llg", AMERICA 1 No Bid OIGITEX 4 $307.00 Ricoh Afici0450 No Bid 5 $365.00 RC Star 5000d No Bid OFFICE 6 $359.00 IR400 $288.00 6545 $172.50 $0.0115 IKON $199.58 Toshiba TF-4560 $172.50 $0.0115 $0.01 $0.0395/0.0364 $159.00 $0.0085 $135.00 $0.009 e. 9 $673.08 Xerox DC340 $158.30 I $454.10 Toshiba TF-4560 Xerox 5845 $26.80 Included $0.0115 $0.0136/0.0085 $0.0395/0.0364 1 No Bid 2 $219.00 Ricoh Aficio 450 No Bid 3 $255.00 RC Star 4000d No Bid $45.00 $0.0085 $40.00 $0.009 $374.00 IR400 $303.00 Canon 6545 $57.50 $0.0115 9 $165.69 $386.73 Toshiba DP-3580 Xerox DC332 $126.14 $252.80 Toshiba TF-3560 Xerox 5830 $23.00 Included $0.0115 $0.0138/0.0169 $0.0395/0.0364 3 $178.00 Ricoh Aficio 350 No Bid 4 $180.00 RC Star 3010 No Bid 7 $35.00 $0.0085 $40.00 $0.009 $245.00 IR330 $245.00 Canon 6230 $57.50 $0.0115 e 8 $143.17 $386.73 Toshiba DP-3580 Xerox DC332 $126.14 $246.25 Toshiba TF-3560 Xerox 5830 $13.80 Included $0.0115 $0.0138/0.0169 $0.0395/0.0364 3 $153.00 Ricoh Aficio 350 No Bid 4 $170.00 RC Star 3010 No Bid $30.00 $0.0085 $40.00 $0.009 8 $157.44 $386.73 Toshiba DP-2460 Xerox DC332 $106.72 $147.18 Toshiba TF-2860 Xerox 5820 $13.20/23.20 Included $0.0115 $0.0138/0.01 $0.0395/0.0364 2 4 3 $150.00 $155.00 RC Star 2000d Ricoh Aficio 250 No Bid No Bid No Bid $30.00 $0.0085 $40.00 $0.009 OFFICE 2 $307.50 Savin 9945DP $333.50 Savin 2050 $112.50 $0.007 $0.0297 5 $302.50 Savin 9945DP $290.65 Savin 9400D $40.00 $0.008 $0.016 5 $203.90 Savin 9925DP $169.50 Savin 9032D $40.00 $0.008 $0.122/$0.105 6 $233.75 Savin 9935DP $169.35 Savin 9032DL $40.00 $0.008 $0.0228 5 $152.50 Savin 9920DP $148.15 Savin 9122DL $40.00 $0.008 $0.158 3 $327.32 Di520 $253.15 BUSINESS 7 $390.00 Konica 7150 $320.00 Sharp SD-2052 $165.00 $0.115 TLC DESCRIPTION #5 - 45 cpm Digita Mode Analog Model Copier EP5000 $135.00 $0.009 $0.009 Maintenance 15,000 cpm Overages Optional Cost Copy 7 4 $309.44 Di520 $217.67 EP5000 6 $390.00 Konica 7150 $320.00 Sharp SD-2052 per 45 cpm Digita Mode Copier #6 $28.80 $0.009 $0.009 $38.40 $0.012 Analog Mode! Maintenance 3,200 cpm Overages Optional 2 $186.98 Di350 $140.72 EP3000 $18.00 $0.009 $0.009 6 $266.00 Sharp AR-335 $188.00 Copy Digita Mode Cost per - 30 cpm Copier #7 Sharp SF-2530 $26.00 $0.0135 Analog Mode Maintenance 2,000 cpm Overages Optional Cost per Copy Copier #8 - 30 cpm No Bid 2 $164.83 Di350 $135.16 5 $247.00 Sharp AR-335 $175.00 Digital Model Analog Mode' EP3000 $10.80 $0.009 $0.009 Sharp SF-2530 $15.60 $0.0135 Maintenance 1,200 cpm Overages Optional Cost per Copy Copier #9 . 22 cpm $148.56 Di250 $109.59 EP2030 6 $221.00 Sharp AR-205 $168.00 Digita Mode Analog Mode $10.80 $0.009 $0.009 Sharp SF-2025 $15.60 $0.0135 Maintenance 1,200 cpm Overages Optional Cost per Copy . e BIDDER'S LIST COPIER RENTAL AND SERVICE MAINTENANCE RFP #0078 AMERICAN BUSINESS MACHINES 2872 ANTOINE HOUSTON, TX 77092 BUSINESS EQUIPMENT OF HOUSTON 2525 W. BELLFORT, SUITE 105 HOUSTON, TX 77054 DIGITEX 322 E. MAIN STREET LEAGUE CITY, TX 77573 HECKMAN BUSINESS SOLUTIONS INC. 8876 GULF FREEWAY, SUITE 125 HOUSTON, TX 77017 IKON 2800 POST OAK BLVD., #3200 HOUSTON, TX 77056 MINOL TA BUSINESS SYSTEMS 7225 LANGTRY HOUSTON, TX 77040 PITNEY BOWES, INC. 4200 WESTHEIMER #101 HOUSTON, TX 77027-4413 PREMIER OFFICE MACHINE 514 N. FRIENDSWOOD DR. FRIENDSWOOD, TX 77546 SOUTHWEST OFFICE SYSTEMS 17337 EL CAMINO REAL HOUSTON, TX 77058 STARGEL OFFICE SYSTEMS 1220 BLALOCK, SUITE 100 HOUSTON, TX 77055 TLC OFFICE SYSTEMS 3900 NORTH FREEWAY HOUSTON, TX 77022 COPECO 730 NORTH LOOP HOUSTON, TX 77009 CHAMBER OF COMMERCE PO BOX 996 LA PORTE, TX 77572-0996 BA YSHORE SUN PUBLISH DATES: JULY 11,1999 JULY 18, 1999 e e e e A REQUES' FOR Cl1Y COUNCIL AGENDA ITEt Agenda Date Requested: September 8. 1999 Requested By: L. Rigby Department: Administrative Services _ Report _ Resolution __ Ordinance Exhibits: Infonnation provided by the Welch Company SUMNlARY & RECOMMENDATION City Council has asked that staff review established guidelines for providing medical insurance for retirees and their dependents. The current policy was reviewed with Council during the last retreat. Staff and Council both recorrnnend an outside third party review this practice and make recorrnnendations for any change, if necessary. Mr. Neal Welch of the Welch Company has worked with the City in the past, most recently on the development, evaluation and recorrnnendation on the change of the third party administrator for our medical plan, as well as changes to the plan itself He has an extensive background in the benefit provision field, both in the public and private sector. Attached to this agenda request you will find Mr. Welch's recorrnnendation for a plan of action. He will discuss any other specific areas that may be a concern to Council. Staff recorrnnends focus on the issues of eligibility and vesting, plan design, risk evaluation, cost sharing, and downstream impact. Mr. Welch estimates that this project may cost $5,000, depending on the scope. Upon completion of the study, he will return and make a presentation to Council. Costs associated for this exercise are available in the medical fund. Action Required by Council: Review the proposal from the Welch Company and give direction as to the scope of services. Mr. Welch will return to a later Council meeting to workshop specific details of the plan. Availability of Funds: General Fund_ Water/Waste:water _ Capital Improvement_ General Revenue Sharing ~ Other Account Number: 01461445155011 Funds Available: X YES NO q.t.." Date e e The Welch Coml!!!!! Employee Benefits Consulting and Brokerage Memorial City Plaza 820 Gessner, Suite 1470 Houston, Texas 77024 (713) 827-87SS Fax (713) 461-5788 August 19, 1999 Mr. Louis Rigby Director of Administrative Services City of La Porte 604 West Fairmont PariM'ay La Porte, Texas 77591 RE: Retiree Health Insurance Dear Louis: In response to your request, I am providing information to support a decision by your City Council to utilize the services of my firm. I feel that the in-force Welch Company contract (copy enclosed) could be extended to this project. Our hourly rates have not changed. and as appropriate, we can amend the agreement to encompass the requestE~d scope of service and time period. I have included some updated background information on The Welch Company including, as requested resumes for Diana and me, and a current client list. In a study of retiree health benefits there are specific topics that must be addressed and evaluated. They include: LawlLegal Envirorlment -. Eligibility and Vesting - Plan Design Coordination of Benefits Recruitment and Retention Risk Evaluation - Cost Sharing Premium Sharing - Downstream Impact Carve-out Availability To respond to your request for a specific scope of service dealing with the topic of retiree health coverag'B, I would propose that the above list of topics be presented to the City Council members for discussion. Then, based on their e e Louis Rigby August 19, 1999 Page 2 concerns and recommendations, we can explore options available in each category and compare the options with other city plans. A time line to complete the study and potentially implement changes can be agreed upon. A report outlining all topics discussed, options investigated, and decisions reached would be provided to the Council to support any program implementation. Thank you for the opportunity to provide this information. The Welch Company has performed extensive research into the field of retiree health coverage for other clients. This experience should expedite the presentation of information to the Council and assist with the decision making process. Best regards, ~ Enclosures It e Background Information Credentials The Welch Company was created from a need for "middle marker employee benefit consulting. The direction of our engagements follows the particular needs of each client. Our primary focus is the evaluation of major delivery systems and funding mechanisms for health and welfare plans. My personal background comes from a Management Advisory Services capacity in public accounting. I migrated toward employee benefit consulting in the early 1980's as the need for alternative funding concepts grew. With the advent of managed health care in the middle 1980's, and its further expansion and sophistication in the 1990's, my emphasis shifted toward plan design innovation, provider contracting, and delivery system modification. Our clients range in size from a 50 employee natural gas pipeline company to a 7000 employee grocery store chain throughout Texas. Unlike most regional and national insurance brokerage and consulting firms, The Welch Company has no "irons in the fire" with vendors or insurance companies who pay annual fees for so called research and development duties. Unlike most local brokers, we do not sell insurance company products to our clients. Instead, we represent the client, giving full "arms length" to any comparison of vendor services. Financial Consideration At the onset of this engagement, an hourly fee based financial agreement should prove most beneficial to City of La Porte. Hourly fees for a principal's services are $150. Account Executives carry l:ln hourly rate of $75. Word processing and other related clerical services are not chargeable under our contracts. Travel time to and from the client is also considered non-billable. Out of pocket expenses are billed on a pass through basis. The Welch Company honors the client's wishes relating to the method of compensation, understanding that full disclosure is a prerequisite for the consulting engagement. Conclusion The services provided by The Welch Company should translate to the role of advocate for the benefit programs in Sleneral, and more specifically management's agenda and employee's goodwill. Specific tasks and priorities are set by City of La Porte, and timelines for implementation are met. In the final evaluation, a consulting engagement should not impose any additional hard cost to City of La Porte. Instead, the savings realized from reducing premiums, improved efficiency, outsourced responsibilities, and controlling healthcare costs, will offset any professional fee. At the same time, the perceived and actual value of the benefit plans should be enhanced in the eyes of the employees, through improved application, communication, and understanding of the benefit package. The Welch ComlU!!!I It e CLIENT REFERENCES - Mr. James E. Rief, Senior Vice President Allwaste, Inc. 5151 San Fetipe #1600 Houston, TX 77036-3609 (713) 625-7067 4,000 employees, relationship since 1992 Ms. Marilyn Thomason, Chief Financial OffIcer Victoria ISO 102 Profit Drive Victoria, TX 77901 (512) 576-3131 2,000 employees, relationship since 1990 Ms. Channelle Garrett, Director of Pel'sonnel City of Victoria P.O. Box 1758 Victoria, TX 77902 (512) 572-2761 700 employees, relationship since 19t~0 Mr. David Rastelllni, CPA New Braunfels ISO 430 West Mill Street New Braunfels, TX 78130 (830) 643-5735 850 employees, new client Mr. Robert Coffey, CPA O'Connor-Braman Interests One O'Connor Plaza, Suite 1100 Victoria, TX 77901-6549 (512) 578-6271 120 employees, new client Mr. Louis Rigby Director of Administrative Services City of La Porte P.O. Box 1115 La Porte, TX 77572 (713) 471-5020 300 employees, relationship since 1988 Ms. Shem Davis-Sampson Administrator, HRlMedical Staff Services MacGregor Medical Association P.O. Box 300248 Houston, TX 77230-0248 (713) 741-2273 1,500 employees, new client Mr. Charles .Chris. Cannouche, General Counsel Fiesta Mart, Inc. 5253 Katy Freeway Houston, TX 77248-7481 (713) 869-5060 7,000 employees, relationship since 1996 Dr. Roy Benavides, Chainnan ESC-MRIC 5701 Springdale Road Austin, TX 78723-3675 (512) 919-5313 2,000 employees, relationship since 1995 Mr. Walter Wilson, superintendent Friendswood ISO 302 Laurel Dr. Friendswood, TX 71546 (713) 482-1267 400 employees, relationship since 1986 Mr. Tommy Collier, Business Services Specialist Region IV ESC Risk Management Services 7145 West Tidwell Houston, TX 71092-2096 (713) 744-6539 Outsourced consulting services (Needville ISO), (Klein ISO), (Humble ISO) Ms. Joyce King Manager, Human Resources Enerfin Resources Company Three RivelWay, Suite 1200 Houston, TX 77058 (713) 888-8600 50 employees, new client Mr. Lany Throm, Assistant Superintendent for Business Services Lubbock ISO 1628 19th Street Lubbock, TX 79401 (806) 766-1092 3,000 employees, relationship since 1994 The Welch ComwmI e e Neal W. Welch Principal ~ucdon Franklin College of Indiana - BA Economics, Political Science, 1968 Naval War College Graduate, 1971 US Navy Post Graduate School, 1972 professiona, Exoerienc8 · The Welch Company - President 1996-Present Founder of a middle market employee benefit consulting and brokerage firm. Clients include corporate and public entities with special needs relating to managed healthcare and alternative funding mechanisms. . James Benefits/Alta Health Strateaies/First Health Strateaies - Vice President/Senior Account Executiye 1983-1996 Third party claim and managed healthcare administrator serving 400,000 employees through 61 benefit plans. Personal clients included: Service Corporation Intemational Rice University The Methodist Hospital Mitchell Energy Development Baylor College of Medicine . Fred S. James Comoany - Chief Financial Officer 1980-1983 National Insurance Brokerage and Consulting Firm with annual revenues exceeding $250 million. Clients included domestic and international corporations as well as govemment agencies. Transferred to James Benefits 1983. . JlIcGladrey. t,lendrtcksonlSchnurr & Assoc. CPA's 1973-1980 Public Accounting, Manager of Management Advisory Services Department. e e Diana L. Romagnoli Account Executive E~ucation Texas A & M University - BBA, Finance 1978 Texas Woman's University MS, Healthcare Administration, 1992 P~essionalExoerience . The Welch Comoanv - Account Executive 1998.Present Responsible for comprehensive employee benefit consulting service for corporate and public entity clients. Involved with daily interaction between clients and vendors. Market and evaluate managed healthcare and support services, perform financial projections, on sight risk evaluations, and customized consulting services. . CCNlOne Source Health Network - Sr. Account Executive/Sales Director 1997-1998 PPO of 270,000 professional healthcare providers and 10,000 facility sites nationwide. Marketed, sold and managed Houston group health network access covering 68,000 lives. . Business Health ComoanieslHouston Healthcare Purchasina Oraanization 1994-1997 Houston based PPO network of 6,000 physicians, 63 hospitals serving more than 55 Houston companies. Executed all phases of network management, administration, provider relations and contrad negotiation. Implemented network services and coordinated customer service for all 55 companies through our executive account management team. . The Universltv of Texas M.D. Anderson Cancer Center - Assistant Director to the Vice President for Health Policy 1988.1994 Prepared, administered, developed and implemented all departmental operations including annual budgeting, strategic planning and information system functions. Designed and implemented a pilot study for the Rio Grande Valley Cervical Cancer Screening Program. Initiated the SPOT Your Cancer Risk Program, an office-based systematic protocol for physician-directed cancer prevention and eariy detection practices. . Bavlor Colleae or Medicine - Sr. Proiect Coordinator. Office orb President 1987-1988 Analyzed personnel and space requirements for 4,000+ employees and over 1.2 million square feet. Coordinated results and entered data on mainframe systems. . International Human Resources Develooment COrDoration. Houston. Texas - Sales Reoresentatlve 1985-1987 Marketed energy industry training products and materials, achieving sales of $150,OOOK within first five months and 19xceeding objectives by over 30%. . CitY of Abilene - Assistant Zonina Administrator and Assistant Land Manaaer 1979.1985 Prepared and delivered detailed presentations before Planning & Zoning Commission and City Council. Negotiated land purchased and oil and gas explorations contracts on behalf of the City. e e B e -:::~.':'-,:.' "'..': '\~. ~ ^ /,:,~,.."..~. 'f . ,I \. I '.'. I \1, ';,\,. .., I .\. ~ II l' \' ,.' .', . \ \,' . ,......, ' e ~.. :"1..1 I. ..:l..l"~ I .,L-U':::-'L";,'- ~ 9.~5!1q c.::':.'!i::-:-~::-:..'1- .~-:.:~ __-=-======::D LA PORTE FIRE MARSHALS' OFFICE c 2rr~==-j.~~_-i1 lNTER-OFFICE MEMO AUGUST 25, 1999 TO: ROBERT T. HERRERA, CITY MANAGER FROM: PAUL R. mCKENBOTTOM, FIRE MARSHAL ~ f(. ~:.L.A- SUBJECT: FIRE CODE UPDATE - Please find attached a council agenda request for an update to Chapter 3, Section 301 of the currently adopted 1994 Standard Fire Code. This update will allow the code to remain current with nationally recognized standards and publications. If you have any questions, please advise. (Y\A~&.o ~~ f[MA. OU 1cp.h g) Os~ ~ gl~ (If'1 ~t.~S e 1994 STANDARD FIRE CODE AMENDMENTS cent. e PAGE 6 OF 28 CHAPTER 3 RECOGNIZED STANDARDS AND PUBLICATIONS 301 GENERAL Revised to read: NOTE: The only modifications to this chapter is the revision of the NFiPA (National Fire Protection Association) standards and the adoption of the Railroad Commission of Texas regulations. Where provisions of this Code do not apply to specific situations involving the protection of life and property from the hazards of fire, smoke and explosion, compliance with nationally recognized standards or publications listed in this chapter, when not in conflict with provisions of the building code, shall be evidence of compliance with this code. NFiPA: 10 Portable Fire Extinguishers, 1998 11 Low Expansion Foam & Combined Agent Systems, 1998 11A Medium & High Expansion Foam Systems, 1998 11 C Mobile Foam Apparatus, 1995 12 Carbon Dioxide Extinguishing Systems, 1998 12A Halon 1301 Fire Extinguishing Systems, 1997 13 Installation Of Sprinkler Systems, 1999 13D Sprinkler Systems In One & Two Family Dwellings and Mobile Homes, 1996 13E Fire Department Operations In Properties Protected By Sprinkler And Standpipe Systems, 1995 13R Sprinkler Systems In Residential Occupancies Up To & Including Four Stories In Height, 1996 14 Installation Of Standpipe & Hose Systems, 1996 15 Water Spray Fixed Systems, 1996 16 Installation Of Deluge Foam-Water Sprinkler Systems & Foam- Water Spray Systems, 1999 16A Installation Of Closed-Head Foam-Water Sprinkler Systems, 1994 17 Dry Chemical Extinguishing Systems, 1998 17A Wet Chemical Extinguishing Systems, 1998 18 Wetting Agents, 1995 20 Installation Of Centrifugal Fire Pumps, 1996 24 Installation Of Private Fire Protection, 1996 25 Inspection, Testing And Maintenance of Water-Based Fire Protection Systems, 1998 30 Flammable And Combustible Liquids, 1996 30A Automotive & Marine Service Station Code, 1996 e 1994 STANDARD FIRE CODE AMENDMENTS cant. e PAGE 7 OF 28 30B Aerosol Products, Manufacture & Storage, 1998 31 Installation Of Oil Burning Equipment, 1997 32 Dry Cleaning Plants, 1996 33 Spray Applications Using Flammable & Combustible Materials, 1995 34 Dipping & Coating Processes Using Flammable & Combustible Liquids, 1995 35 Manufacture Of Organic Coatings, 1995 36 Solvent Extraction Plants, 1997 37 Installation And Use Of Stationary Combustion Engines & Gas Turbines, 1998 40 Storage And Handling Of Cellulose Nitrate Motion Picture Film, 1997 42 Storage of Pyroxylin Plastic, 1997 45 Fire Protection Of Laboratories Using Chemicals, 1996 46 Storage Of Forrest Products, 1996 50 Bulk Oxygen Systems At Consumer Sites, 1996 50A Gaseous Hydrogen Systems At Consumer Sites, 1999 SOB Liquefied Hydrogen Systems At Consumer Sites, 1999 51 Design And Installation Of Oxygen-Fuel Gas Systems For Welding, Cutting & Allied Processes, 1997 51A Acetylene Cylinder Charging Plants, 1996 51B Cutting And Welding Processes, 1999 52 CNG- Vehicular Fuel Systems, 1998 53 Fire Hazards In Oxygen-Enriched Atmospheres, 1999 54 National Fuel Code, 1996 55 Storage, Use And Handling Of Compressed And Liquefied Gases In Portable Cylinders, 1998 57 Storage And Handling Of Liquefied Natural Gas, 1996 59 Storage And Handling Of Liquefied Petroleum Gases At Utility Gas Plants, 1998 59A Production, Storage & Handling of Liquefied Natural Gas (LNG), 1996 61 Dust Explosions In Agricultural & Food Products Facilities, 1995 68 Venting Of Deflagrations, 1998 69 Explosion Prevention Systems, 1997 70 National Electrical Code, 1996 70B Electrical Equipment Maintenance, 1998 70E Electrical Safety Requirements For Employee Work Places, 1995 72 National Fire Alarm Code, 1999 75 Protection Of Electronic Computer/Data Processing Equipment, 1999 77 Static Electricity, 1993 79 Electrical Standard For Industrial Machinery, 1997 80 Fire Doors And Windows, 1999 80A Exterior Fire Exposures, 1996 82 Incinerators, Waste & linen Handling Systems & Equipment, 1999 86 Ovens & Furnaces-Design, Location & Equipment, 1995 86C Industrial Furnaces Using A vacuum As An Atmosphere, 1995 88A Parking Structures, 1998 e 1994 STANDARD FIRE CODE AMENDMENTS cont. e PAGE 8 OF 28 88B Repair Garages, 1997 90A Installation Of Air Conditioning And Ventilation Systems, 1996 90B Installation Of Warm Air Heating And Air Conditioning Systems, 1996 91 Installation Of Blower & Exhaust Systems For Dust, Stock Removal or Conveying, 1999 92A Smoke Control Systems, 1996 96 Installation Of Equipment For The Removal Of Smoke & Grease-Laden Vapors From Commercial Cooking Equipment, 1998 97 Glossary Of Terms Relating To Chimneys, Vents & Heating Producing Appliances, 1996 99 Health Care Facilities, 1999 99B Hypobaric Facilities, 1996 101 Safety To life From Fire In Buildings & Structures, 1997 101A Alternative approaches to Life Safety, 1998 101 B Meets of Egress, 1999 102 Assembly Seating, Tents & Membranes Structures, 1995 105 Smoke Control Door Assemblies, 1999 110 Emergency & Standby Power Systems, 1999 111 Stored Electrical Energy Emergency And Standby Power Systems, 1996 115 Laser Fire Protection, 1995 120 Coal Preparation Plants, 1999 150 Fire Safety In Race Track Stables, 1995 170 Fire Safety Symbols, 1996 203 Roof Coverings & Roof Deck Construction, 1995 204 Smoke And Heat Venting, 1998 211 Chimney And Fire Places, Vents & Solids Fuel Burning Appliances, 1996 214 Water Cooling Towers, 1996 220 Types Of Building Construction, 1995 231 General Storage, 1998 231 C Rack Storage Of Materials, 1998 2310 Storage Of Rubber Tires, 1998 231 E Storage Of Baled Paper, 1996 231 F Rolled Paper Storage, 1996 232 Records, Protection Of, 1995 232A Archives & Records Centers, 1995 241 Construction, Alteration & Demolition Operations, 1996 251 Fire Tests Of Building Construction & Materials, 1995 252 Fire Tests Of Door Assemblies, 1995 253 Test For Critical Radiant Flux Of Floor Covering Systems Using Radiant Heat Energy Source, 1995 255 Test Of Surface Burning Characteristics Of Building Materials, 1996 256 Methods Of Fire Tests Of Roof Coverings, 1998 257 Fire Tests Of Window Assemblies, 1996 258 Research Test Method For Determining Smoke Generation Of Solid Materials, 1997 259 Test Method For Potential Heat Of Building Materials, 1998 . 1994 STANDARD FIRE CODE AMENDMENTS cont. e PAGE 9 OF 28 260 Methods Of Tests & Classification System For Cigarette Ignition Residence Of Components Of Upholstered Furniture, 1998 261 Method Of Test For Determining Resistance Of Mock-Up Upholstered Furniture Material Assemblies To Ignition By Smoldering Cigarettes, 1998 262 Method Of Test For Fire & Smoke Characteristics Of Electrical Wires & Cables, 1999 268 Exterior Wall Assemblies, Test Ignition, 1996 269 Test For Developing Toxic Potency Data, 1996 302 Pleasure & Commercial Motor Craft, 1998 307 Marine Terminals, Piers & Wharves, 1995 312 Fire Protection Of Vessels During Construction, Repair Or Lay-up, 1995 327 Cleaning Or Safeguarding Small Tanks & Containers, 1993 328 Control Of Flammable & Combustible Liquids And Gases In Manholes, Sewers & Similar Underground Structures, 1992 385 Tank Vehicles For Flammable & Combustible Liquids, 1990 386 Portable Shipping Tanks For Flammable & Combustible Liquids, 1990 395 Storage Of Flammable & Combustible Liquids Of Farms & Isolated Construction Projects, 1993 402 Aircraft Rescue & Fire Fighting Operations, 1996 403 Aircraft Rescue & Fire Fighting Services At Airports, 1998 407 Aircraft Fuel Servicing, 1996 408 Aircraft Hand Fire Extinguishers, 1994 409 Aircraft Hangers, 1995 410 Aircraft Maintenance, 1994 412 Evaluating Foam Fire Fighting Equipment On Airport Rescue & Fire Fighting Vehicles, 1998 414 Aircraft Rescue & Fire Fighting Vehicles, 1995 415 Airport Terminal Buildings, fueling ramp Drainage, and Loading Walkways, 1997 418 Roof-Top Heliport Construction & Protection, 1990 422 Aircraft Accident Response, 1994 423 Construction & Protection Of Aircraft Engine Test Facilities, 1994 424 Airport/Community Emergency Planning, 1996 432 Storage of Organic Peroxide Formulations, 1997 434 Storage of Pesticides, 1998 480 Storage And Handling & Processing Of Magnesium, 1998 481 Production, Processing, Handling & Storage Of Titanium, 1995 482 Production, Processing, Handling & Storage Of Zirconium, 1996 490 Storage Of Ammonium Nitrate, 1998 491 Hazardous Chemical Reactions, 1997 495 Explosive Materials Code, 1996 496 Purged & Pressurized Enclosures For Electrical Equipment In Hazardous (Classified) Locations, 1998 497 Classified of Flammable Liquids, Gases, or Vapors and of Hazardous (Classified) Locations for Electrical Installations in Chemical Process Area, 1997 498 Safe Havens For Vehicles Transporting Explosives, 1996 1994 STANDARD FIRE CODfltMENDMENTS cont. e PAGE 10 OF 28 502 Fire Protection For Limited Access Highways, Tunnels, Bridges, Elevated, Roadways And Air Right Structures, 1998 505 Powered Industrial Trucks Including Type Designations, Areas Of Use, Maintenance & Operations, 1996 513 Motor Freight Terminals, 1998 560 Ethylene Oxide For Sterilization And Fumigation, Storage, Handling, And Use Of, 1995 650 Pneumatic Conveying Systems Fore Handling Combustible Materials, 1998 651 Manufacture Of Aluminum Powder, 1998 654 Prevention Of Fire & Dust Explosions In The Chemical Dye, Pharmaceutical & Plastics Industries, 1997 655 Sulfur Fires & Explosions, 1993 664 Fires & Explosions In Wood Processing & Wood Working Facilities, 1998 701 Methods Of Fire Tests For Flame - Resistant Textiles & Films, 1996 703 Fire Retardant Impregnated Wood & Fire Retardant Coatings For Building Materials, 1995 704 Identification Of The Fire Hazards Of Materials, 1996 750 Water Mist Fire Protection Systems, 1996 780 Lightning Protection Code, 1997 801 Facilities Handling Radioactive Materials, 1998 803 Light Water Nuclear Power Plants, 1998 804 Fire Protection For Advanced Light Water Reactor Electric Generating Plants, 1995 820 Fire Protection In Water Treatment Plants, 1995 850 Electric Generating Plants, 1996 851 Hydroelectric Generating Plants, 1996 909 Protection of Cultural Resources Including Museums, Libraries, Places of Worship, and Historic Properties, 1997 914 Rehabilitation & Adaptive Reuse Of Historic Structures, 1994 1122 Code For Unmanned Rockets, 1997 1123 Outdoor Display Of Fireworks, 1995 1125 Model Rocket Motors, 1995 1126 Use Of Pyrotechnics Before A Proximate Audience, 1996 1127 High Power Rocketry, 1998 1192 Firesafety Criteria for Recreational Vehicles, 1999 1194 Firesafety Criteria for Recreational Vehicle Parks and Campgrounds, 1999 2001 Clean Agent Fire Extinguishing Systems, 1996 8501 Single Burner Boiler Operations, 1997 8502 Prevention Of Furnace Explosions/implosions In Multiple Burner Boilers, 1999 8503 Pulverized Fuel Systems, 1997 8505 Stoker Operation, 1998 8506 Heat Recovery Steam Generator Systems, 1995 Railroad Commission Of Texas Regulations For Compressed Natural Gas, 1994 Liquefied Petroleum Gas Safety Rules, 1994 e 1994 STANDARD FIRE CODE AMENDMENTS cont. e PAGE 11 OF 28 Regulation For Liquefied Natural Gas, 1996 Elevator Code - New ASME/ANSI17.1,1996 Supplement (A), 1997 Supplement (B), 1998 (ORD. NO. 98-2222, I 2-9-98)(ORD. NO. I ) CHAPTER 5 GENERAL PRECAUTIONS AGAINST FIRE-- OPEN BURNING AND INCINERATORS 501.1.1 Bon I s and Outdoor Rubbish Fires. No person shall kindle maintain any bonfire or r bish fire, or other outside fires, or authorize any fire to be kin d or maintained, cept for the purposes and under the conditions permitted by Sectio 82.001 et s of the Texas Health and Safety Code, commonly known as the Texas n Air ct, together with regulations promulgated pursuant thereto. All such bonfires, Ish fires, or other outdoor fires that are not prohibited by this code or state law r lations shall not be kindled or maintained without a permit from the Fire Mar al. Dun construction or demolition of a building or other structure, no waste mat als or rubbish all be disposed of by burning on the premises or in the immediate cinity without having . st obtained a permit from the Fire Marshal. 501.3 501.3.3 Re . ential and apartment type incinerators are prohibited. RD. NO. 98-2222, I 2-9-98) e e c REQUEff FOR CITY COUNCIL AGEJPA ITEM Agenda Date Requested: September 8, 1999 Requested By: Doug Kneupper~AlV . Departmeut: Plauuing XX Report ~ion Ordinance Exhibits: Overview and Analysis Drainage Criteria Chapter of PICM Letter from Betty Waters, Planning and Zoning Commission Summary & Recommendation Staff has prepared the Drainage Criteria Chapter of the Public Improvement Criteria Manual (pleM). PICM as a whole, and the Drainage Criteria, will apply to developers of subdivisions like Fairmont Park and Spencer Landing, developers of large commercial and industrial sites like Kroger and Port Cafe/Truck Stop, and small commercial/retail sites like Gringos and KWIK KAR. Presently, for the purpose of drainage criteria, we have adopted HCFCD's Design Criteria Manual and we utilize their standards and seek their review of all new develop projects. Discussions with developers have revealed to us that some neighboring cities have adopted drainage and detention criteria that is somewhat less than HCFCD criteria. These developers also indicated that this difference in drainage criteria may make us less competitive than other cities with regard to development of small commercial tracts. To address that important issue, we have modeled the detention requirements of the proposed Drainage Criteria after Deer Park's ordinance. In the future, after adoption and use of this drainage criteria, there may be other issues from developers or staff that surface. We will attempt to recognize these areas as quickly as possible and offer solutions for your consideration. In addition, staff is currently preparing standard construction details. This information will supplement the drainage criteria and help clarify for developers and engineers the types of facilities that are acceptable in La Porte. The Drainage Criteria document is in draft form and has been presented to the Planning and Zoning Commission for their consideration. During their regular meeting of August 19, 1999, the Planning and Zoning Commission unanimously recommended approval of the Drainage Criteria Chapter as presented by staff. A summary and analysis of the Drainage Criteria Chapter is attached. Action ReqlJired by Council: Receive report regarding the Drainage Criteria Chapter of the Public Improvements Criteria Manual and provide direction. e e PROPOSED DRAINAGE CRITERIA CHAPTER OF PUBLIC IMPROVEMENT CRITERIA MANUAL (PICM) Presentation to City Council September 8, 1999 Background The City's Development and Zoning ordinances refer to a PICM in several locations. The PICM is intended to provide Developers, their Engineers and Designers, with minimum criteria and standards relating to the infrastructure associated with most developments. The criteria will eventually cover design and construction of water lines, sewer lines, streets, sidewalks, drainage facilities, etc. For the most part, generally accepted engineering and construction standards for the Houston/Harris County area have sufficed. However, one area of design criteria tends to receive a good amount of local modification when compared across different communities. This is the area of drainage and storm water management. For that reason, staff has focused our efforts on preparation of the Drainage Criteria as the initial chapter of the PICM. Preparation of Drainage Criteria Staff has assembled a small library of adopted drainage criteria from several neighboring communities, Flood Control agencies, and other cities that have demonstrated leadership in this area. From this source material, staff has prepared drainage criteria that we feel best applies to the City of La Porte. Review of Draft Drainage Criteria Document Once staff had the draft drainage criteria chapter complete, it was delivered to several Developers and Engineering firms that were either actively working on development projects or had recently completed projects. Some firms were silent to our request for comments and some firms provided comments and ideas that are included in the draft document. Table 1 shows the companies that received the document and the ones that responded. On August 19, 1999, staff presented the Drainage Criteria to the Planning and Zoning Commission. Also present at this meeting was Mr. Eddie Gray. Mr. Gray addressed the Commission and provided information for the Commission's consideration. Mr. Gray then met with Planning Dept. staff on August 24th to further discuss ideas for Drainage Criteria. As a result, Mr. Gray's suggestion regarding a reduced amount of detention for small commercial developments is included in this draft document. However, Mr. Gray's initial approach was to provide no detention for commercial developments less than 1-acre. That e . provision has not been included in the draft document. Mr. Gray's letter is attached for your information. Analysis of Drainage Criteria For the most part this drainage criteria chapter will create the greatest change from current practices in the area of storm water detention. Also, having written, adopted criteria will benefit staff as well as Developers and their Engineers so that all parties know what to expect when beginning a development project. This report will highlight and explain the areas where current practices are being changed. Section 5.1 General Provisions begins by making some general statements about drainage and storm water management concepts. Past practices have been to attempt to provide enough capacity in channels, streams, creeks, bayous, etc. to convey the 100-year storm to its ultimate destination (usually a large body of water such as Galveston Bay). In many cases, in the Harris County area, this conveyance concept has become impractical. Pipelines, rail lines, and other man-made obstructions are very expensive to relocate. The purchase of right-of-way is sometimes prohibitive because of a combination of land price and existing development. Lastly, federal and state environmental regulations have restricted our ability to convey increased volumes of storm water downstream. If we are unable to provide additional drainage capacity downstream, and we continue to allow development to occur without mitigating the drainage impacts, the end result is sure to be some level of neighborhood flooding. A good example of this is in the Brookglen Subdivision. Additional channel capacity and increased conveyance of Willow Springs Bayou, downstream of Fairmont Parkway, is highly unlikely due to the environmental sensitivity of Armand Bayou. Couple this with the development that has been occurring in La Porte and Deer Park and flooding problems are created. In light of the obstacles associated with direct conveyance of storm water runoff, an alternative approach is to mitigate the affects of development using storm water detention. With this scenario, storm water runoff from development is directed into a holding facility and slowly released back into the existing drainage system. Use of storm water detention has become prevalent in this area. Section 5.5 Required Detention does vary somewhat from the recent practices of the City. First, this section identifies the watersheds where pure downstream conveyance is not possible, which indicates the need for detention. Design Standards for Detention Basins are less than our current practices. Current practice would require 0.45 acre-feet/acre detention storage for all developments from 0 acres to 10 acres. The proposed criteria reduces the detention storage to 0.20 acre-feet/acre for tracts up to 3 acres. Above 3 acres, our current criteria would apply. These detention storage coefficients are identical to City of Deer Park guidelines. e e Additional Standards for Detention Basins requires slightly milder side slopes at a ratio of 4: 1 instead of 3: 1. A small, concrete trickle channel is required in the bottom of all detention ponds. Lastly, engineers and developers are required to take measures to insure grass is established in all earthen areas. Section 5.6 Additional Design Requirements contains some increased requirements for Habitable Structures. In curb and gutter areas, the finished floor will be required to be 12" above the curb, and in open ditch areas the finished floor will be required to be 18" above the crown of the road. In either case, the finished floor should be 12" above the adjacent ground elevation. Staff feels this requirement for increased finished floor elevation will offset the affects from the decreased detention requirements. e e Table I Outside Review of Drainage Criteria Draina~e Criteria Sent To: Sent Comments Returned to Planning Received Eddie Gray 6/1/99 Yes 8/10/99 Grav EnterDrises Jim Gartrell 6/1/99 No Gulf Coast Enaineerina 6/1/99 No Fred Thompson 6/1/99 Yes 617/99 ESOR Engineering Carlos Smith 6/1/99 No H. Carlos Smith Enaineers & Surveyors Gray Enterprises August 9, 1999 RE~Ei~~ f /0 rtANNING City of La Porte P. O. Box 1115 La Porte, Texas 77572-1115 Attn: Doug Kneupper, PE Director of Planning Re: Draft of Design Criteria for Storm-water Runoff Dear Mr. Kneupper: I have received the draft of the design criteria for storm-water runoff I propose that Section 5.5.1 "Design Standard for Detention Basins" be amended as follows: "Detention requirements for developments of 50 acres or less shall be according to the following table. For developed areas of 50 acres or less, the required volume equals the developed area times the appropriate storage coefficient. Developed Area Storage Coefficient o - 1 Acres o More than 1 to 5 Acres 0.25 Acre Ft/Acre More than 5 to 10 Acres tl.. ..~" ;.1\. ~....:'; 'l;.,':.~i'!l4"~ . ;....-.n~1.: 0.35 Acre Ft/Acre ~ "(''',..:'1'''' .~. 1;' ," :.'.:1'f" l;l;;Jl'''' ..(....... More than 10 Acres to j' - - - .. ". .50 Acres " , '."/1 .. " . ,t ~ : " 1. .. . I l' r. 0.45 Acre Ft/Acre F or developments, which ~re l~rgei than. 50 a'cres, the detention facility criteria shall be approved . (, , " by Harris County Flood Control District and, the City Engineer." ' l. ~ ,I ' ~: '...\'," " ~~~.:G 'I hi:" I '(~ ' ~ Please contact ,me.,s<? t~~t yv~ :sa~ d.i~cvss my proposal. Thank you for your review of this tt ,-, '_""1. . J ;.).; ,. ';...;j, \'V I., ,. ma er.' .' - . ~" I,' I : ;'..... ':', : .~; r." . ~ , ;.f ~: , Yours ,~~l~.?c " I ...... ....) ~ .. ,"',\., - "'\J1 · ,..d L.t;.L.. ," , - . ,. .!~ i,.:; 1--" ...... \):1' '.'').~~ ~'~;'~'. c~ ,~l~ ~~ U:;i~~:: ~:;.'. l ~..I,; ":t.,,:/. !~~~~~: .. 'J. ,., ',', ~ r t'; , . .;, ::!l:.: " ~ddie V. Gray, , r~,:;:ct. :'FAIRMONTIlAPJe JOIN FP4699 P.O. Box 638 . 707 Memorial Drive . Say town, TX 77522 .(281) 422.3677 . Fax: (281) 428.1689 e e DRAFT Revised 9-01-99 5.1 GENERAL PROVISIONS Drainage Criteria for development within the City of La Porte, and where applicable within La Porte's Extraterritorial Jurisdiction (B.T.I.) is dependent upon the size and type of development, the conditions within the individual watershed, the conditions or design of the receiving stream, bayou, channel, roadside swale, culvert, or roadway. The basic objective of this policy is to minimize the threat of flooding to areas within the City and its E. T.I. and to minimize the effect of continued development on individual watersheds. 1. The City believes that the best long-term means of accomplishing its objective is a continued program of improvement and extension of the Harris County Flood Control District's system of open channels. This statement recognizes the technical reality that an essential prerequisite to an effective flood control program is a system of open channels capable of carrying stonn runoff of any type in Harris County to Galveston Bay without adversely impacting existing urban areas adjacent to the channels. 2. The City recognizes that both the District's and City's existing open channel system is, in many instances, inadequate to accomplish the goal of eliminating existing flooding conditions for existing levels of urban development, or for ultimate development in the watershed. 3. The City therefore recommends that where required, certain additional flood control facilities be utilized to supplement the open channel system. Such flood control facilities shall be designed to preclude flooding in areas that do not presently flood and not increase flood levels where flooding now occurs. Specifically, the City supports the use of stonn water detention to supplement the open channel system until long-term channel improvements can be completed, or as pennanent facilities where additional open channel improvements are not feasible. The result will be that new development will limit or restrict the impact downstream. 5.1.1 All the drainage plans and construction shall meet or exceed the requirements of the City of La Porte, Harris County Flood Control, Harris County, TxDOT, or any other entities having jurisdiction over a facility (i.e. roadway, channel, etc.). 5.1.2 Unless otherwise provided for in these policies, development shall follow the Harris County Flood Control District Criteria Manual for the design of Flood Control and Drainage Facilities in Harris County, Texas. 5.1.3 If application of the policies and criteria contained in this document conflict with the City's duties under the Flood Hazard Prevention Ordinance, the regulations of the Flood Hazard Prevention Ordinance shall apply. 5.1.4 Drainage structures shall be constructed in such locations and of such size and dimensions to adequately serve the development and the contributing drainage area. In new developments, the developer shall provide all the necessary easements and rights- of-way required for drainage structures, including stonn sewer and open or lined channels. e e DRAFT Revised 9-01-99 5.2 CONSTRUCTION PLAN REQUIREMENTS 5.2.1 A drainage map shall be included in the construction plans. The drainage area map shall include: A. Drainage areas, including areas draining from off-site onto or adjoining the project. B. Design storm runoff, based on the type of facility and storm frequency listed in Section 5.4. C. 100 - year runoff D. Route of overland flow including the overflow to a drainage channel or detention facility. E. Water surface profiles for the 25-year and/or 100-year storms in the outfall channel. All available information will be considered when making this determination. F. Flow per inlet. G. Maximum ponding elevation 5.2.2 Detailed drainage calculations shall be submitted with the construction plans. 5.2.3 A lot grading plan should demonstrate that the finished grading plan will drain to approved collection and discharge points and that the overland flow of water from adjacent properties will not be impeded. 5.2.4 The hydraulic gradient for the design storm may be shown on the construction drawings. Calculations for the elevation of the hydraulic gradient shall be provided with the design stonn drainage calculations. The hydraulic gradient must be below the gutter line for the design storm. The tailwater elevations based on a 25-year frequency in the outfall channel shall be used for calculations of the hydraulic gradient. 5.3 USE OF PREVIOUSLY DESIGNED AND INSTALLED INFRASTRUCTURE Situations where previously installed infrastructure is in place but not yet utilized to its design capacity will be considered on a case by case basis. The developers engineer shall after consultation with the City, prepare a report that: a. outline the original design criteria. b. evaluates the impact of the original design on the receiving stream, adjoining properties and/or the 100 year Floodplain. Based on the report, the City Engineer may allow full or partial use of the previously installed infrastructure and may require it to be supplemented with detention or other facilities. e e DRAFT Revised 9-01-99 5.4 STORM FREQUENCY, RUNOFF AND DATUM A. Stonn Frequency All drainage improvements shall be designed for the following stonn frequencies. Type of Facility Road Side Ditches and Culverts Stonn Sewers Ditches & Culverts Draining 100 acres and more Bridges Creeks Detention Facilities 3 year 3 year 25 year 100 year 100 year Refer to Section 5.5 B. Stonn Runoff Design flow of stonn water runoff is to be calculated using the Rational Method. The Rational Method is based on the direct relationship between rainfall and runoff, and the method is expressed by the following equation: Q = CIA, where Q is the stonn flow at a given point in cubic feet per second (c.f.s.). C is a coefficient of runoff representing the ratio of rainfall to peak runoff I is the average intensity of rainfall in inches per hour for a period equal to the time of flow from the farthennost point of the drainage area to the point under consideration. A is the drainage area in acres The size and shape of the watershed must be detennined for each installation. The area of each watershed may be detennined through the use of planimetric-topographic maps of the area, supplemented by field surveys in areas where topographic data has changed or where the contour interval is insufficient to adequately determine the direction of flow. The outline of the drainage area contributing to the system being designed and outline of the sub-drainage area contributing to each inlet point shall be determined. When calculating the peak flow rate of stonn water runoff, rainfall intensity will be detennined from the rainfall intensity, duration and frequency curves, shown in Figure 1. The stonn frequency used for this determination will be according to the facility to be designed as listed in Section A. 1. Runoff Coefficients and Time of Concentration Zone R-I R-2 R-3 MH NC GC BI LI HI PUD e e DRAFT Revised 9-01-99 Runoff coefficients, as shown in Table I, shall be the minimum used, based on total development under existing land zoning regulations. Where land uses other than those listed in Table I are planned, a coefficient shall be developed utilizing values comparable to those shown. Larger coefficients may be used if considered appropriate to the project by the City Engineer. The time of concentration is defined as the longest time, without unreasonable delay, that will be required for a drop of water to flow from the upper limit of a drainage area to the point of concentration. The time of concentration to any point in a stonn drainage system is a combination of the "inlet time" and the time of flow in the drain. The inlet time is the time for water to flow over the surface of the ground to the stonn drain inlet. Because the area tributary to most stonn sewer inlets is relatively small, it is customary in practice to determine the inlet time on the basis of experience under similar conditions. Inlet time decreases as the slope and the imperviousness of the surface increase, and it increases as the distance over which the water has to travel and retention by the contact surfaces. Time of concentration shall be computed from Figure 2, and in no case shall the inlet time be more than the time shown in Table I. Table 1 Zoning District Name Low Density Residential Mid Density Residential High Density Residential Manufactured Housing District Neighborhood Commercial District General Commercial District Business Industrial Park District Light Industrial Heavy Industrial Planned Unit Development District Runoff Coefficient "C" 0.50 0.60 0.80 0.55 0.80 0.85 0.85 0.85 0.85 variable Maximum Inlet Time in Minutes IS 15 10 IS 10 10 10 10 10 10 to IS Miscellaneous Land Uses Land Use Runoff Coefficient "C" Church School Park 0.70 to 0.90 0.50 to 0.90 0.30 to 0.70 e e DRAFT Revised 9-01-99 C. Datum All drainage plans shall be prepared based on United States Geodetic Survey datum, 1978 adjustment, consistent with National Flood Insurance Program, Flood Insurance Study for the City of La Porte. 5.5. REQUIRED DETENTION Detention Basins - Unless otherwise provided for in this Section, Detention Basins will be required for developments within the following watersheds. Little Deer Creek - F212 . Upstream of Main Street Little Cedar Bayou . Upstream of State Highway 146 Big Island Slough - B 1 06 . All segments Spring Gully - B 109 . All Segments Willow Spring Bayou - B 112 . All Segments Taylor Bayou - AI04 . All segments The listed watersheds are shown on Figure 3. 5.5.1 Design Standards for Detention Basins Detention requirements for developments less than 50 acres shall be according to the following table. For developed areas of 10 acres or less, the required volume ~quals the total development area times the appropriate storage coefficient. For areas greater than 10 acres and less than 50 acres the volume is determined by applying Harris County Flood Control District criteria for small watersheds. Developed Area o to 3 acres 3 to 10 acres 10 to 50 acres Storage Coefficient 0.20 acre ft.lacre 0.45 acre ft.lacre per HCFCD criteria e e DRAFT Revised 9-01-99 For developments, which are larger than 50 acres, Harris County Flood Control District and the City Engineer shall approve the detention facility criteria. 5.5.2 Additional Standards For Detention Basins The detention facility shall be designed for easy maintenance. For smaller developments the designer is encouraged to use parking lots, underground piping, swales, greenspaces, etc. to achieve the volume required. For larger developments every consideration shall be given to designing of the facility for multipurpose use, such as playgrounds, ballfields, miniparks, required greenspace, etc., to assure that maintenance will be accomplished. The design shall include the following: 1. an earthen detention basin shall have minimum side slopes of 4: 1 and a minimum bottom width of ten feet; 2. the bottom of the detention basin shall have a minimum 0.50% cross slope to facilitate quick drainage. 3. a v-shaped trickle channel a minimum of 5' wide, six-inch thick, reinforced concrete shall be constructed through the detention basin at a longitudinal slope of 0.200.10 to accommodate low flow and facilitate rapid drainage. For developments less than 3 acres, the trickle channel may be 2 feet wide and 4" thick. 4. a minimum 12-foot wide maintenance berm shall be provided around the perimeter of the detention facility. 5. ingress and egress for maintenance including a dedicated right-of-way if required, shall be provided to the detention basin and clearly shown on the construction drawings or site plan and subdivision plat. 6. the detention basin, slopes, bottom, maintenance berm, and other associated right-of-way shall be final graded with a minimum of 6" top soil then hydro-mulch seeded or drill-seeded and watered to facilitate full grass coverage. 7. parties responsible for maintenance of the detention facility must be shown on the plat and or plans. 8. Pumped detention systems may be allowed with specific approval from the City Engineer. 5.5.3 Ownership and Maintenance of Facilities The City will not accept maintenance of on site facilities that serve only one tract or development, unless it is determined to have other public benefits, is recommended by staff and approved by the Planning and Zoning Commission. DRAFT Revised '-01-" Harris County Flood Control District may, at their discretion, accept maintenance of facilities, provided they are designed in accordance with the District's criteria manual. Requests for Harris County Flood Control District to assume maintenance of any facility should be coordinated with the City prior to any development approvals. e e 5.6 ADDmONAL DESIGN REQUIRMENTS 5.6.1 Discharge Points The developer shall terminate all drainage improvements at a discharge point approved by the City. The developer shall design and construct such discharge point, or outlet, to prevent damage to or overflowing into adjacent property. The City may require creek improvement, channel lining, energy dissipaters or other improvements for such outlet to prevent erosion or increase the flow capacity. Finished elevations of new pavement, parking areas, or other improvements shall be designed so that each succeeding high point is lower when moving in a downstream direction. This ensures the 100- year discharge has an unobstructed path to the discharge point whether discharging to a channel or detention pond. 5.6.2 Public Streets as Drainage Facilities 1. Maximum depth of water to be allowed in local streets during design flow shall be at the top of crown, or top of curb, whichever is least. 2. Maximum spread of water in collector streets during design flow shall allow for one clear lane of traffic (12 feet wide). 3. Maximum spread of water in arterial streets during design flow shall allow for two clear lanes of traffic (24 feet wide). 5.6.3 Drainage Channels and Structures 1. The developer shall install an underground storm drain on curb and gutter streets beginning at the point where the calculated storm water runoff is of such a quantity that it exceeds the height specified above. The developer shall construct the storm drain system from this point to an approved outlet. 2. For non-curb and gutter streets, the developer may use open channel (channel or ditch) methods to dispose of storm water specified above. Such channels may be in dedicated drainage easements outside the standard street right-of-way upon City approval of the location and alignment of such easements. Alternatively, the developer may widen the street right-of-way to accommodate an open channel of greater capacity than the standard street/ditch section. 3. If the developer locates the channel in a widened street right-of-way, the City shall approve the right-of-way width and channel configuration. The depth of flow in the channel shall not exceed one (1) foot as measured from the ditch flowline to the point on the roadway established as the high water level in this section. 4. The developer shall design and construct all channels to terminate at an approved outlet. 5.6.4 Habitable Structures DRAFT Revised 9-01-99 The developer shall provide adequate means for storm water run-off in excess of the "design storm" capacity (i.e., 3, 100year storm) to flow around habitable structures. e e a.) The developer shall provide a grading/drainage plan which shows that all building sites can provide a finished floor elevation: (1) At least one foot (1 ') above the top of the curb using the highest point along the portion of such curb fronting the building site, or (2) At least eighteen inches (18") above the crown of road elevation, using the highest point along the portion of such road fronting the building site. (3) At least one foot above the ground elevation along all sides of the building site. b.) In addition to paragraph (a) above, the developer shall provide a grading/drainage plan which meets or exceeds the provisions of Chapter 94, Code of Ordinances, Flood Hazard Reduction. c.) The developer shall design and construct all streets to minimize any fill required to bring building pads into compliance with this Code. d.) Alternate methods of building protection may be accepted by the City upon submittal of detailed information, review and approval by the City Engineer. 5.6.4 Drainage System Criteria If an underground drainage system is required, and a 60-inch or smaller pipe will handle the design slow, pipe shall be used. If a 60-inch pipe is not adequate, the developer has the option to use concrete pipe or natural andlor a lined open drainage channel. If pipe is selected, the maximum allowable velocity shall be 8 fps in the pipe. Lining materials, ifused, shall be approved by the City. 5.6.5 Public storm sewers are defined as sewers and appurtenances that provide drainage for a public right-of-way, or more than one private tract, and are located in public right-of-way or easement, private storm sewers provide internal drainage for a reserve or other tract. Private storm sewer connections to public storm sewers shall occur at a manhole or at the back of an inlet as approved by the City Engineer. All private storm sewers within the public right-of-way shall be constructed in conformance with the Standards. 5.6.6 All construction shall conform with the City of La Porte Construction Details. 5.6.7 All storm sewers shall meet or exceed the requirements of the "Drainage Criteria Manual for Harris County, Texas" and the requirements of the City of La Porte. e e DRAFT Revised 9-01-99 5.7 LOCA nON OF STORM SEWER 5.7.1 Public stonn sewers shall be located within a public street right-of-way or a stonn sewer easement, dedicated to the public and adjoining a public street right-of-way. Stonn sewers through side lot drainage easements are highly discouraged. Limited use may be approved at the discretion of the City Engineer. If approved, a minimum twenty-foot (20') wide easement is required (10' on each lot). 5.7.2 Recommended alignment within a public street right-of-way. A. Boulevard pavement section with median - along centerline of the right-of-way. B. Undivided pavement section five feet (5') inside the right-of-way. For all stonn sewer located in a public street right-of-way, a minimum of two-foot (2') shall be maintained inside the right-of-way line to the outside edge of the stonn sewer unless otherwise accompanied by an adjacent easement. C. Alternate locations for a stonn sewer will be pennitted by the City Engineer. 5.7.3 Recommend alignment within an exclusive stonn sewer easement. A. Stonn sewers placed in easements shall confonn to the requirements of Section 2.4.5 B. Stonn sewers within easements shall be placed no closer than five feet (5') measured from the outside edge of the pipe to the edge of an easement, except when adjoining another easement or public right-of-way where the distance may be reduced to two feet (2'). The stonn sewer shall be placed in the center of the easement. When the stonn sewer easement adjoins a public right-of-way, the easement may be reduced to a minimum often feet (10') and the stonn sewer may be aligned close to the right-of-way line, as long as required clearances are met, with specific approval of the City Engineer. 5.8 STORM SEWER MATERIALS 5.8.1 Storm sewer and culvert pipe shall be precast reinforced concrete pipe, unless specifically approved by the City Engineer. Concrete pipe shall be manufactured in confonnance with the requirements of ASTM C 76, "Reinforced Concrete Culvert, Stonn Drain, and Sewer Pipe", current revision. Reinforced concrete pipe shall be Class ill or stronger. The design engineer shall provide for increased pipe strength when conditions of the proposed installation exceed the allowable load for Class m pipe. All concrete pipe constructed in water-bearing soil or forty-tow inches (42") in diameter or larger, shall have rubber gasket joints meeting the requirements of ANSJ/ASTM C 443, "Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets", current revision. Concrete pipe with a diameter of less than forty-two inches (42") may be installed using pipe with tongue and groove type joint and Ram-nek, or approved equal, as a joint filler. When specifically approved by the City Engineer, reinforced concrete arch and elliptical pipe confonning to ASTM C506 and C507, respectively, current revision, may be installed in lieu of circular pipe. Reinforced concrete box culverts shall meet the minimum requirements of ASTM C789, "Precast Reinforced Concrete Box Sections for DRAFT Revised 9-01-99 Culverts, Stonn Drains, and Sewers", current revision. Pipe joints for arch and elliptical pipe and box culverts shall be sealed using Ram-nek or approved equal. . e 5.8.2 Stonn sewer outfalls into open channels shall be constructed using corrugated steel pipe. Corrugated steel pipe shall be manufactured in confonnance with the requirements of AASHTO Designation M-36-82, current revision. Pipe material shall be Aluminized Steel Type 2, meeting the requirements of AASHTO Designation M-274-79I, current revision, or Pre-coated Galvanized Steel, AASHTO M-246, 10 mil coating on both sides. All pipe shall have a full double coating, Type A, in accordance with AASHfO Designation M-190, current revision. Pipe joints and fittings shall meet the minimum requirements of these specifications and shall have an O-ring gasket seal meeting the requirements of AASHTO C-36I, current revision. (See the City of La Porte Construction Details). 5.8.3 Stonn sewer outfalls shall have slope protection to prevent erosion. Slope protection may be constructed of slope paving or rip rap. Slope paving shall be four-inch (4") five (5) sack concrete with six-inch by six-inch (6" x 6") welded wire mesh (W14 x W14) or three eighths inch (3/8") steel rebar on twenty-four-inch (24") centers, each way. Rip rap shall be a minimum of six-inch (6") broken concrete rubble with no exposed steel or well-rounded stone and shall be a minimum of eighteen inches (18") thick. Slope protection texturing shall be required where public access likely. Refer to the Construction Details for minimum dimensions. 5.9 ADDITIONAL REQUIREMENTS 5.9.1 Minimum depth of a stonn sewer (measured to the top of pipe) shall be twenty-four inches (24") below the top of curb or finished grade, whichever is lower. Minimum size stonn sewer for main and inlet lead shall be eighteen inch (18"). 5.9.2 Stonn sewers shall be bedded using cement stabilized sand (See specification in Section 4.2.3) as shown in the City of La Porte Construction Details. 5.9.3 Pipe requirements. A. Reinforced concrete pipe installed at a depth greater than thirty feet (30') shall be designed by the engineer for the specific installation and approved by the City Engineer, Reinforced concrete pipe shall be designed in accordance with the American Concrete Pipe Association, "Concrete Pipe Design Manual II , Maximum cover on the pipe shall be measured from the top of pipe to the ultimate finished grade or natural ground, whichever is greater. C. Corrugated steel pipe shall have a minimum thickness as follows: PIPE SIZE (Inches) Corrugations (Inches 242-2/3" X 1/2" 30- 482-2/3" X 1/21 54- 723't X 1" or 511 X 1" 78- 102311 X 1" or 5" X 1" MINlMUM nnCKNESS 0.052 0.064 0.064 0.079 DRAFT Revised 9-01-99 Bedding for corrugated steel pipe shall be cement-stabilized sand. Corrugated steel pipe less than or equal to fifty-four inches (54") in diameter and less than thirty feet (3D') deep shall have the minimum thickness given above. . e D. Design storm flow in a street shall not exceed the capacity of the street, for the water surface equal to the top of curb and shall not exceed the inlet capacity. Design storm flow shall meet Harris County criteria. E. All bridges must be a minimum of eighteen inches (18") above the 100-year water surface elevation or in accordance with the Federal Emergency Management Agency (F. E. M. A.) regulations, latest revisions, or HCFCD requirements, whichever is greater. 5.9.4 Storm sewers less than forty-two inches (42") in diameter shall be constructed on a straight horizontal and vertical alignment between manholes. Storm sewers greater than or equal to forty-two inches (42") in diameter may be laid along a curve using manufactured bends of less than or equal to 11 1/4'. S.lO APPURTANCES 5.10.1 Manholes A. Manholes shall be placed at all changes in alignment, grade and size of the storm sewers; at the intersection of two or more storm sewers; at all inlet leads; and at the end of all storm sewers. B. Maximum spacing between manholes shall be six hundred feet (600') C. Manhole covers shall be cast iron, traffic bearing, type ring and cover with the words "storm sewer" cast into the cover. 5.10.2 Inlets A. Curb inlets shall be spaced and sized to intercept the calculated runoff for the design storm. The water surface elevation at the inlet shall be less than or equal to the top of curb for the design storm flow. B. Maximum travel distance of water in the street to a curb inlet shall be three hundred feet (300') on a major thoroughfare and in a commercial area. The maximum travel distance of water in the street permitted in a single-family residential area shall be four hundred feet (400'). C. No Valley Gutter without prior approval. D. Curb inlets should be located on the intersecting side street at intersections with a major thoroughfare. The City Engineer shall specifically approve locations at intersections. . e DRAFT Revised 9-01-99 E. Grated inlets will not be pennitted in an open ditch. F. Backslope swale interceptors shall be placed in accordance with the requirements of Harris County. G. Curb inlets shall have solid inlet lids. Grate or Curb and Grate inlets shall not be allowed for residential subdivisions. 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". .' ~ ULe ?\'MT.} . <: Vo. 0.02 . ..Ju, . :::: lLJr - 25 r2.5 ~~t-O.03 ~cj 05:- C.O~, [,I . . ot:...... "'- z c: v.~.;J ~ -: :, ~~. ~o'o ;~.. /"~~, "'r .... lA. t:'~~l:' F.~,...~o "OIL) z t /' I .k; &&.; -.. -...,::. ~ - I/'(I) kl &.J" . r- 0 _ ~ "" l:.. 8rb.C2. ~ E"/~ . I- '... C ~ n ' 0 J:;: , . :;) ~ r 200 en F .~~ ..J'r- 1.00 a; . c:::::: en .... . /(1) r- . _ o:.Jf - ...l-o..~.... , ':, ~ --... u..I';) o....-O"...(~.,"'.. GO"':::) , i--- Z . I ...... '."^"" .......:.:1.. / wI'!.) =j-- ~ . ........ or- ~ I-<t~ 150 c.., r- co.;-~. CAO (:'II. GR:.SS) ,< b ::>. -- .... l:.. 5.0 v; cL, 0..5V""'-.... " ", ~ I- o :rC.06 ~. . -:O-~'::"f'" ~!= 10.0 ~ l:.' O.aO(CEN~~ C~ASSi ~ 100 '" 20.0 :z \0. 1.0 90 3! r"o:; . , t- 2' 0 ' eo ~I..IO ~. !) :: .~I ~t' s o ~ ~O ~ v c::: ;: 7 u.: l- I- ::> 'C) . . e . L 1000 ~SOO t-acc ~7CO -600. 500 IS 1.5 I 0.9 o.a . 0.7 6 0.6 30 5 0.5 ZO I~~~~~:\~: FLC'''' L = 200' . .. - - ~ c ' -" G'"' ~SS\ I .. - \.1....,. '\....,. '...., . I ~ :: I.!') ~.::. : = :20 r:::~~. I ...0....". .,....~ 0- .c-.......~.,.,O'. ':t. I I.....:... . t:'I~ :- co~: ..=-:~. n"" It =. I ? n - !;.... c r'/~' -.\",; - I~~. I. ,.. GUTTER fLOW I L = .t;.oo' . " = 0.::'.75 :> = I. 0 0/.,) f = 2:.0 r.~!~!. .; 0.4 == = 20.0 ~ 3 0.3 FIGURE 2 TIME OF CONCENTRATION FOR SURFACE FLOW ~--._._---------- ----.---. ,. \ MAJOR LA PORTE WATERSHEDS tTj H G) c::: ::0 tI:l e N.T.S. GAL VESTON e BAY c::J WATERSHED BOUNDARY HOREAeRCS w e e CileY of Leal JPorrfce Established 1892 August 23, 1999 Honorable Mayor Norman Malone and City Council City of La Porte Re: Drainage Criteria Chapter for Inclusion in Public Improvement Criteria Manual (PICM) Dear Mayor Malone: The La Porte Planning and Zoning Commission, during its August 19, 1999, meeting, discussed the proposed drainage design criteria intended for inclusion in the Public Improvement Criteria Manual (more commonly referred to as PICM). The Planning and Zoning Commission supports the proposed drainage design criteria and has directed staff to prepare a presentation for City Council's consideration. Respectfully submitted, .~ Betty . Waters Chairperson, Planning and Zoning Commission C: Robert T. Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission Members P.o. Box 1115 0 Ln Porte, T exns 77572-1115 0 (713)471-5020 e e D e CITY OF LA PORTE e August 26, 1999 TO: Mayor and City Council FROM: ROb~rrera, City Manager Off site Storage Facility SUBJECT: On August 19, 1999, Councilmember Sutherland wrote you regarding the Off site Storage Facility Capital Project. A copy of his letter is attached. Councilmember Sutherland recommends using the existing library facility <.:t 5,800 square feet) for storage space as well as for Neighborhood Centers Inco's operations once the new library is constructed. He indicates the existing library is spacious enough to . support both types of use. Neighborhood Centers is currently using the space next to the Police Department. The amount of space they are currently occupying is extremely deficient and there are plans to expand their programs and client base. This organization soon will be at capacity even with the 3,500 square foot space now in use, and they have indicated they could use two times this amount. I am concerned that Neighborhood Centers supporters left the recent City Council meeting with the impression that they will be able to use the entire space. The City currently utilizes the old Fire Station located on Hillridge for its storage needs. This building is shared with the Public Works Department for Garbage Bag Storage. The City has more storage needs than room allows. In addition, the building is not conducive to proper record's storage. The building contains rodents and other vennin, is not climate controlled and is too small. The City is currently contracting with Space Center Storage for offsite record storage space for its excess capacity storage needs. The Hillridge building is approximately 1,800 square feet with 900 being used for Records Storage (the other 900 are used for garbage bags). The Records Storage half is currently full. The Offsite Storage Facility was presented as part of the 1998-99 budget as a Capital Improvement Project and Council approved $150,000 for the project. The $150,000 estimate was arrived at by taking the results of a Departmental Survey of record storage needs and determining that 2,500 square feet of storage space would be sufficient to store the City's Records Needs for the next 10 years. The site for this building was selected due to its limited use options and its close location to City Hall. Page 2 - Offsite Storage F.ty e Another reason for our wanting to move our Offsite Records Storage from the Hillridge building is that the area being vacated is needed to store the additional garbage bags needed to service our increased population. Now back to using the Edith Wilson Library for Off site Records Storage, my largest concern is the perceived impression that Neighborhood Centers has that they will be able to utilize the entire building. If we move our Offsite Records Storage to the library, then Neighborhood Centers will actually have less space than they have at their present location. The library is approximately 5,800 square feet. The City needs 2,500 square feet. This leaves 3,300 square feet. The Neighborhood Centers currently occupies 3,500 square feet. This is a net loss of 200 square feet for Neighborhood Centers. A second location was suggested at Evelyn Kennedy Civic Center. The Planning Department is currently utilizing this space until the expansion of City Hall is complete. At that time, the Parks and Recreation Department will need this space for storage of tables and chairs. They are currently kept on the stage and this causes a problem with rentals. This is one of our most popular civic centers, which is rented on a regular basis. The amount of space being utilized by the Planning department is only about 240 square feet and would not be adequate for record storage. Staff has already selected an architect, expended approximately $2,100.00 in funds for schematic design, and is ready to move forward with the design and construction of this building. Staff needs direction from Council on whether or not to move forward with this project. I have scheduled a workshop on this matter for the September 8, 1999 Council Meeting. RTH:mg Attachment c John Joerns Jeff Litchfield /Martha Gillett Doug Kneupper ~~~~f;}~~f.~~~~~~~JI~~ff~ ,.....,c.~~o:...'...~;... . :.f_~~~~{i\~~~~;~{I~* .~'.."'.. ~~t"." ..J(;~~........,.'tl .\~~;i;i_r':0}~~ :[Ijlllili~il~~l~~~~~~~r;~~!?~;~t\f\~~i~f.f~i\,%~~~;f~~~~~~%~*~i~~{;S&~:;.j~\:'ll: · CITY OF L! PORTE PHONE (713) 471.5020 . P. O. Box 1\15 . LA PORTE. TEXAS 7757\ To: From: Re: l\tIayor & CO\Ulcil Guy Sutherland Cost Reduction ~I:t"'~~"~'~.~r ~~.r.? .~~ hi'~ .~\ ~:,:~. ;....1-. August 19, 1999JL~ . "/;'j':'q';'';;J~;. /./ _.._---~----~ ~ The Third Quarter report for FY 98-99 lists a possible expenditure of $150,000 for Project 775, an Offsite Storage Building to be built at Fourth and I Street. I urge that we consider using part of the existing library building for this purpose after the new library is put into set'\tlce. Another option is the space which will be vacated in the Evelyn Kennedy Center when the city employees located there are moved back to City Hall. There should be more than enough room in the library for both document storage and the Neighborhood Center which is the only other use projected for the building. Alternatively, we could use the space being vacated by the Neighborhood Center but I would rather see that used to relieve overcrowding at the police station. If we are concerned about the need between now and the time these buildings are vacated, we could le<1Se temporary space as we are doing to meet our space needs in other areas now due to an undersized City ~ c: Bob Herrera . MEETING HANDOUTS e j)ifrrY 11> 4r\ . TABULATION OF BIDS RECEIVED September 8, 1999 . on $8,080,000 La Porte Area Water Authority (Harris County, Texas) Contract Revenue Refunding Bonds, Series 1999 ACCOUNT MANAGER INTEREST INTEREST INTEREST AND MEMBERS MATURITY RATE MATURITY RATE COST p~ WJiJW 2002 s. ') s' % 2010 SOlo % GIC$ t.{.. 'fL/-lt Cj{) 3 ./3 2003 % 2011 S-O~ % Prem q o<i .tJO 2004 % 2012 ~, % NIC$ '-f 'f "I, 0 i r, ,j 2005 % 2013 =1 % EIR. .1: J '7 ~:~fS" 2006 % 2014 % 2007 % 2015 5:/D % 2008 % 2016 ;00 % 2009 % 2017 . '}S' % ---------------------------------------;~~;------------(;-.--iio--------;~-------~~~-~---------------------------~:------GiC-$--4~-~TJ;f'-.--jK- fi(~ ;~~~ ~~ ;~~; ~ ~~m$ ++i:, L~h. Sf~ roVCfWPsr ('b. 2005 % 2013 % EIR 5: ,t:) /):2../) J 2006 % 2014 % 2007 % 2015 % 2008 5 '3'5 % 2016 % 2009 5. c) 0 % 2017 j % ------~-------------~-;;;;;-----5:"iJf~----;~-----T----------------;:--GiC-$~-~S- ~J {~;: ~ ;~:~ ~ '!ttJ ~ ~7$ ~m b ?f.:,..lS IlJvoJ. 2005 % 2013 ~ J 0 % EIR _ S' ;J,. 7 )-(. 2006 % 2014 t.f. '1 'S' % 2007 % 2015 =i==% 2008 % 2016 % 2009 , % 2017 % -------------------------------------------------------------------------------------------------------------------...-..------------------------------------------ 2002 . l,.oD % 2010 % GIC$ ~'fIA/~1b 1fC? ~ 2003 % 2011 % Prem -' 2004 % 2012 % NIC $'f4tAI-;)1t" ill D '../JA 2005 % 2013 % EIR ~ '7{)~ l' C d ~ 2006 % 2014 % JIL 2007 % 2015 % 2008 ~, ~ 'l~ % 2016 % 2009 .~ 0 0 % 2017 % , -7----:~---------TIO-.----~-:f---l-~~--~---~~s-~-- 41l aC-' ;~~~ ~ ;~:~ f 10 _ ~ ~~$ ~ll1-~3 JY 2006 % 2014 _ ,:J...f' % 2007 % 2015 ;:f ').0 % 2008 ~ % 2016 5"_ Ob % 2009 ""Y!J.Q % 2017 S.l7D % ~---------~~-~~'fii-;-----------;~-~s~ VI' , tJ-!o~ .>1-1 s 3D "" '- t.{ \""&001 '5il ""l S. V V 'f1/'J.I\' 'I '([ ~oo ',~ 1~1'..;-.IJO {,.,(} ~"31 \.fr TABULATION OF BIDS RECEIVED . September 8, 1999 on $8,080,000 La Porte Area Water Authority (Harris County, Texas) Contract Revenue Refunding Bonds, Series 1999 - ACCOUNT MANAGER AND MEMBERS MATURITY INTEREST RATE MATURITY INTEREST RATE INTEREST COST % % % % % % % % GIC$ Prem NIC$ EIR % 2010 %. 2011 % 2012 % 2013 % 2014 % 2015 % 2016 % 2017 2002 2003 2004 2005 2006 2007 2008 2009 -------------------------------------------------------------------------------------------------------------------------------------------------------------- 2002 % 2010 % GIC$ 2003 % 2011 % Prem 2004 % 2012 % NIC$ 2005 % 2013 % EIR 2006 % 2014 % 2007 % 2015 % 2008 % 2016 % 2009 % 2017 % ----------------------------------------..---------------------..------------------------------------------------------------------------------------------------- 2002 % 2010 % GIC$ 2003 % 2011 % Prem 2004 % 2012 % NIC$ 2005 % 2013 % EIR 2006 % 2014 % 2007 % 2015 % 2008 % 2016 % 2009 % 2017 % ----------------------------------------------------------------------------------..----------------------------------------------------------------------------- 2002 % 2010 % GIC$ 2003 % 2011 % Prem 2004 % 2012 % NIC$ 2005 % 2013 % EIR 2006 % 2014 % 2007 % 2015 % 2008 % 2016 % 2009 % 2017 % -----------------------------------------------------------------------------------------------:""--------------------------------------------------------------- 2002 % 2010 % GIC$ 2003 % 2011 % Prem 2004 % 2012 % NIC$ 2005 % 2013 % EIR 2006 % 2014 % 2007 % 2015 % 2008 % 2016 % 2009 % 2017 % --------------------------------------------------------------------------------------------------------------------------------------------------------------- .- LAPORTE AREA WATER AUTHORITY TRACT REVENtJE REFUNDING BONDS, SERIES UPFRONT SAVINGS SCENARIO SAVINGS REPORT DATE - - - - - - - - PROPOSED DEBT SERVICE - - - PRINCIPAL COUPON INTEREST TOTAL 9/30/99 3/15/ 0 9/15/ 0 3/15/ 1 9/15/ 1 3/15/ 2 9/15/ 2 3/15/ 3 9/15/ 3 3/15/ 4 9/15/ 4 3/15/ 5 9/15/ 5 3/15/ 6 9/15/ 6 3/15/ 7 9/15/ 7 3/15/ 8 9/15/ 8 3/15/ 9 9/15/ 9 3/15/10 9/15/10 3/15/11 9/15/11 3/15/12 9/15/12 3/15/13 9/15/13 3/15/14 9/15/14 3/15/15 9/15/15 3/15/16 9/15/16 3/15/17 9/15/17 ACCRUED DATED 9/15/99 BOND YEARS AVERAGE COUPON AVERAGE LIFE N I C % 370,000.00 5.750000 385,000.00 5.750000 405,000.00 5.750000 420,000.00 5.750000 445,000.00 5.750000 460,000.00 5.750000 485,000.00 5.750000 505,000.00 5.750000 525,000.00 5.750000 550,000.00 5.400000 580,000.00 5.000000 615,000.00 5.000000 640,000.00 4.750000 670,000.00 4.750000 705,000.00 4.750000 320,000.00 4.750000 8,080,000.00 8,080,000.00 215,181.25 215,181.25 430,362.50 215,181.25 215,181.25 430,362.50 215,181.25 204,543.75 204,543.75 193,475.00 193,475.00 181,831.25 181,831.25 169,756.25 169,756.25 156,962.50 156,962.50 143,737.50 143,737.50 129,793.75 129,793.75 115,275.00 115,275.00 100,181.25 100,181. 25 85,331.25 85,331.25 70,831.25 70,831.25 55,458.25 55,456.25 40,256.25 40,258.25 24,343.75 24,343.75 7,600.00 7,600.00 789,725.00 783,018.75 780,308.25 771,587.50 771,718.75 760,700.00 758,531.25 750,068.75 740,456.25 735,512.50 736,162.50 741,287.50 735,712.50 734,600.00 736,943.75 327,800.00 199. PRIOR D/S 398,812.44 826,892.50 828,220.00 827,932.50 830,820.00 826,930.00 831,145.00 828,268.75 828,383.75 826,413.75 822,358.75 820,910.00 821,710.00 824,535.00 819,218.75 815,750.00 813,932.50 4,434,656.25 12,514,656.25 13,990,804.94 398,571.25 4,434,856.25 12,514,656.25 13,990,804.94 WITH DELIVERY OF 9/15/99 85,955.000 5.159 10.638 5.159277 % USING 100.0000000 NET PRESENT VALUE SAVINGS AT : 5.1593% EQUALS PREPARED BY KlRONEY, BEISSNER &. CO., INC. RUNDATE: 09-08-1999 . 16:15:23 FILENAME: LPWA 1,113,332.78 OR KEY: 99REF SAVINGS CUMULATIVE SAVINGS -31,550.06 -31,550.06 396,530.00 364,979.94 38,495.00 403,474.94 44,913.75 448,388.69 50,513.75 498,902.44 55,342.50 554,244.94 59,426.25 613,671.19 67,568.75 681,239.94 69,852.50 751,092.44 76,345.00 827,437.44 81,902.50 909,339.94 85,397.50 994,737.44 85,547.50 1,080,284.94 83,247.50 1,163,532.44 83,506.25 1,247,038.69 81,150.00 1,328,188.69 76,988.75 1,405,177.44 70,971.25 1,476,148.69 1,476,148.69 1,476,148.69 13.7789% OF PAR e TABULATION OF BIDS e , , Received September 8, 1999 on $8,080,000 LA PORTE AREA WATER AUTHORITY (Harris County, Texas) Contract Revenue Refunding Bonds, Series 1999 Ratings: (MBIA Insured) Moody's - n Aaa" S&P's - "AAA" Bidder Nike Securities L.P. Maturities 2002-2010 2011 2012-2013 2014-2017 Rate 5.75% 5.40% 5.00% 4.75% Bond Buver Index: 5.67% Interest Cost GIC:$4,434,656.25 Prem: 00.00 NIC:$4,434,656.25 Effective Interest Rate 5.15927% -------------------------------------------------------------------------------------------------------------.---- PaineWebber, Inc., Manager Dain Rauscher, Inc. * Salomon Smith Barney, Inc.. Duncan-Williams, Inc. * Norwest Investment Services, Inc.. 2002-2008 2009 2010-2011 2012-2014 2015 2016 2017 5.75% 4.90% 5.00% 5.125% 5.10% 5.00% 4.75% GIC: $4,446,903.13 Prem: 808.00 NIC: $4,446,095.13 5.172585% First Soutwest Company ------------------------------------------------------------------------------------------------------------------ 5.19027% 2002-2007 2008 2009-2017 6.00% OlC: $4,461,296.88 5.875% Prem: 00.00 5.00% NIC: $4,461,296.88 Prudential Securities, Inc. ------------------------------------------------------------------------------------------------------------------ 5.19027% 2002-2007 2008 2009-2017 6.00% OlC: $4,461,296.88 5.875% Prem: 00.00 5.00% NIC: $4,461,296.88 ------------------------------------------------------------------------------------------------------------------ Everen Securities, Inc., Manager Morgan Keegan. 2002-2008 2009 2010-2011 2012 2013 2014 2015 2016-2017 5.90% 4.90% 5.00% 5.05% 5.10% 5.125% 5.20% 5.00% Ole: $4,489,080.00 Prem: 00.00 NIC: $4,489,080.00 5.222593% SAMCO Capital Markets ------------------------------------------------------------------------------------------------------------------ 5.3144% 2002-2006 2007-2010 2011 2012 2013-2015 2016 2017 6.00% 5.00% 5.10% 5.25% 5.30% 5.40% 5.40% OlC: $4,568,007.50 Prem: 00.00 NIC: $4,568,007.50 ------------------------------------------------------------------------------------------------------------------ *Co-Manager