HomeMy WebLinkAbout1999-09-08 Special Called Regular Meeting, Public Hearing, and Workshop Meeting
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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.
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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)
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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"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.
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"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.
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"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.
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"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.
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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
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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
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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.
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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
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(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
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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
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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,
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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:
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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").
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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:
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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:
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(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.
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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.
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(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
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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
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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.
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(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.
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(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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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THIS ORDINANCE SHOULD BE 1587-K
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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~~~~
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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
.
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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
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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.
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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:
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ORDINANCE NO. 99- 2361
PAGE 4
ATTEST:
-:tfJauJrdv tI'~M
Mar ha A. Gille t
City Secretary
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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.
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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"
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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
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$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
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$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
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$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
.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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1cp.h g) Os~
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1994 STANDARD FIRE CODE AMENDMENTS cent.
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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
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1994 STANDARD FIRE CODE AMENDMENTS cant.
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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
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1994 STANDARD FIRE CODE AMENDMENTS cont.
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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.
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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.
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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
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1994 STANDARD FIRE CODE AMENDMENTS cont.
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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)
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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. Curb inlets shall be recessed, unless otherwise
directed by the City Engineer.
H. Backfill around inlets and to top of fIrst stage inlet with cement stabilized sand.
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~--._._----------
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MAJOR LA PORTE WATERSHEDS
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GAL VESTON
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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
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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~
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:[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
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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