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Home My WebLink About2001-07-09 Regular Meeting and Special Called Workshop Meeting• • MINUTES OF THE REGULAR MEETING AND SPECIAL CALLED WORKSHOP MEETING OF LA PORTE CITY COUNCIL JULY 9, 2001 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Howard Ebow, Peter Griffiths, Alton Porter, James Warren, Charlie Young, Jerry Clarke, and Norman Malone. Members of Council Absent: None Members of City Executive Staff and City Employees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, City Secretary Martha Gillett, Finance Director Cynthia Alexander, Director of Administrative Services Carol Buttler, Assistant City Secretary Sharon Harris, Public Works Director Steve Gillett, and Planning Director Doug Kneupper, Others Present: Nick Barrera, Roy Myers, Paul Larson, David Turnquist, Sib Carpenter, Spero Pomonis, and a number of citizens. 2. Councilman Alton Porter delivered the invocation. 3. Council considered approving the minutes of the Special Called Meeting on June 25, 2001. Motion was made by Councilperson Clarke to approve the minutes of the Special Called Meetings on June 25, 2001 as presented. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS COUNCIL. The following citizens addressed City Council. Paul Larson - 406 N. 4~' Street La Porte, TX. 77571 addressed council with three different concerns. 1) Cars being allowed to park on the playground at the park located at North 4`~ and Tyler, 2) the city considering the approval of bicycle paths within the city, allowing citizens to bicycle without fear of traffic 3) his objection to Zion Hill Baptist church being allowed to build a bigger church on North 6`~ Street. • City Council Minutes 7-9-01 -Page 2 David Turnquist - 8503 Ashwyne Ln. La Porte, Texas 77571 a teacher at L.P.I.S.D asked council to consider allowing students to participate in an internship/community services within the city. Mr. Turnquist mentioned that he would like to see email addresses of city employees available on the city's website. Mr. Turnquist left information from the Texas Department of Economic Development. The city would have an Internet homepage once a community profile was completed. 5. Council considered approving a resolution adopting the provisions of section 21.002 authorizing members of the governing body of a municipality to serve as volunteers. City Attorney Knox Askins presented summary and recommendation and answered Council's questions. City Attorney read: RESOLUTION 2001-OS - A RESOLUTION ADOPTING THE PROVISIONS OF SECTION 21.002 AUTHORIZING MEMBERS OF THE GOVERNING BODY OF A MUNICIPALITY TO SERVE AS VOLUNTEERS. Motion was made by Councilperson Griffiths to approve Resolution 2001-OS as presented by Mr. Askins. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None Council considered approving an ordinance approving and authorizing a Tri-Party Agreement between the City, the TIRZ Board, and the Redevelopment Authority. Assistant City Manger John Joerns presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2001-2498 - AN ORDINANCE APPROVING AND AUTHORIZING A TRI-PARTY AGREEMENT BETWEEN THE CITY OF LA PORTE, REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS, AND THE LA PORTE REDEVELOPMENT AUTHORITY; 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 Young to approve Ordinance 2001-2498 as presented by Mr. Joerns. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 7. Council considered approving a rate increase of 4% for collection of containerized commercial solid waste by BFI Waste Systems, Inc. • • City Council Minutes 7-9-0 l -Page 3 Public Works Director Steve Gillett presented summary and recommendation and answered Council's questions. Motion was made by Councilperson Engelken to approve the rate increase presented bX Mr. Gillett. Second by Councilperson Clarke. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None. 8. Chairman Betty Waters of the Planning and Zoning Commission was present. Council allowed Ms. Waters to express concerns of the Board of Adjustments. Ms. Waters requested council to allow Planning and Zoning Commission to review sections of the zoning ordinances which concerns the Board of Adjustment, and recommend amending any area that would make the Board of Adjustment more accessible to the citizens. Ms. Waters also informed council as Chairman she would like to accomplish during her term to create a new district in the Lomax area and try to retain the rural atmosphere. This will require input from citizens as well the Planning and Zoning Commission to create this new district. In closing Ms. Waters advised council that she would like this item brought back to council for approval. Motion was made by Councilperson Porter to approve the requests presented by Ms. Waters. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None. 9. The special called workshop meeting was called to order by Mayor Malone at 6:43PM. The following items were discussed during the workshop session: A. Review Little Cedar Bayou Watershed Drainage Study 10. Workshop adjourned and the regular meeting re-convened at 7:08 PM. 11. Council considered approving a resolution restricting the development of certain parcels of land intended to be acquired by the City (or others) for drainage improvement purposes. Planning Director D. Kneupper presented summary and recommendation and answered Council's questions. • July 23, 2001 Attached please find a corrected page 4 of the minutes. There was a typo in the motion where staff withdrew Resolution 2001-06. It has been corrected. Sorry for the inconvenience. Martha ! • City Council Minutes 7-9-01 -Page 4 City Attorney read: RESOLUTION 2001-06 - A RESOLUTION PROHIBITING THE ISSUANCE OF BUILDING PERMITS WITHIN AN AREA DESIGNATED FOR RIGHT-OF-WAY ACQUISITION FOR HARRIS COUNTY FLOOD CONTROL DISTRICT PROJECT F216-00-00, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Staffwithdrew item until next council meeting Resolution 2001-06 as presented by Mr. Kneup~ The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 12. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera informed council of the City Auction on Thursday July 12, 2001 and the first Redistricting Meeting, which will take place on Tuesday July 17, 2001. Mr. Herrera also encouraged council to attend if it was possible for them. 13, COUNCII. COMMENTS Councilpersons Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Malone brought items to Council's attention. 14. 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 Attorney) Meet with City Attorney and City Manager to discuss land acquisitions. Council retired into executive session at 7:28 P.M. Council returned to the table at 7;29 P.M., with no action taken. 15. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken. ~ ~ City Council Minutes 7-9-01 -Page 5 16. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 7:30 PM. /~~ Respectfully submitted, (,C~ Mart a Gillett City Secretary Passed and approved on this 9 day of July 2001. OG~~ ~ Orman Malone, Mayor ~~ • • July 9, 2001 Mayor, City Council Members and fellow Citizens of La Porte, Thank You for the opportunity to talk to you. I have learned that there are certain things that a person just shouldn't do, things that may seem too simple to dwell upon but none the less are important lessons in life. Example; Don't put your socks on after your shoes. Don't raise livestock in the middle of the highway. Don't plant water lilies in your xeriscape garden. These are silly and simple illustrations of practices that do not work and are a perfect preface to my discussion today. l .) The city has provided a park and playground at North 4~' Street and Tyler and, I might add, is used continually by the youth and adults of the community. THANK YOU! The concern that I have is the ability of cars to drive in and park within the play area of the park. Originally there was a house and driveway at this site and culvert pipe was used to access the private yard past the storm ditches. When the park was developed, new culvert pipe replaced the old and thus created a `new driveway' into the park. I have personally witnessed cars parked on the playground. That entails driving the entire width of the play area and then parking the vehicle. These cars have no place in the playground with people and these culverts have no place or practical use in the park. The maintenance crews, with their tractors/mowers, have no trouble negotiating the storm ditches to access the grass and trees. We need to put the sock back where it belongs. 2.) With the onset of The Tour de France, bicycling is on my mind. I do have a bicycle and I do have a helmet and I do enjoy riding my bike in my neighborhood. Sometimes, I ride further to the La Porte Feed Store or to Kroger but my helmet does not ease my apprehensions of contending with cars and trucks on the roads. A bicyclist or pedestrian may have the legal right of way but one minor indecision by either party is always more detrimental to the person not in the vehicle. At one point there was discussion and approval of bike paths within the city. I would like to see something being done that would be more bicycle friendly so that we don't have `livestock' on the freeways. ~' • • 3.) Recent Zoning actions approved a re-zoning issue for Zion Hill Church on North 6~' Street. Let's look into this action. The City of La Porte went to great lengths and expense to produce The North Side Comprehensive Plan. This report details the resources, the problems and the solutions for one of the oldest and historically significant areas of La Porte. It graphically denotes areas for business, industry and residential use. Re-zoning of this area goes directly against the plan and compromises the success of this community. As an active member of this community, I have not seen any support given to the community by any of the churches or their congregations. Certainly we have a few active citizens that happen to belong to a few of the churches in the area but there is no support by the individual church entities. They do not participate in organized functions of the local Civic Club or align themselves with the people living in the community. Some of the church leaders do not even reside in La Porte. They have nothing vested in serving the community. Giving Zion Hill the approval of building a bigger and better church does nothing for the adjacent community. I would hope that the Planning and Zoning Committee will further investigate this issue and decide not to compromise our community for this business venture. After all, we shouldn't locate water lilies in our xeriscape garden. Thank y for our time. D. Paul Larson 406 4~' St., North La Porte, TX 77571 281.842.7441 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Julv 9, 2001 Requested By: K_ Ackinc Department: r~it3~s++~-arn°° Report: Resolution: Ordinance: x Exhibits: Ordinance No. Exhibits: Exhibits: Aaaroariation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The recent session of the Texas Legislature passed Section 21.002, Texas Local Goverrunent Code, which authorizes members of the governing body of a municipality to serve as a volunteer with a city organization. Section 21.002 Members of Municipal Governing Bodies May Volunteer. A member of the governing body of a municipality may serve as a volunteer for an organization that protects the health, safety, or welfare of the municipality regardless of whether the organization is funded or supported in whole or part by the municipality if the governing body adopts a resolution allowing members of the governing body to perform service of that nature. Action Required by Council: Consider approval or other action regarding a resolution adopting the provisions of section 21.002 authorizing members of the governing body of the City of La Porte to serve as volunteers. Aaaroved for City Council Agenda Robert T. Herrera, City Manager Date • ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORT E, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUBER. JR. BOARD CER TIFIEO - CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION CLARK T. ASKINS July 2, 2001 Hon. Mayor & City Council City of La Porte City Hall La Porte, Texas Re: Agenda Request Gentlemen: TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 The recent session of the Texas Legislature passed Section 21.002, Texas Local Government Code, which authorizes members of the governing body of a municipality to serve as a volunteer with a city organization. I have enclosed a resolution for the City Council meeting of July 9, 2001, adopting this new law. Your very truly, /~.~r / ~/`. -'~ r <~ Knox W. Askins City Attorney City of La Porte KWA:sw Enclosure RESOLUTION NO. 2001- 0`J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE ADOPTING THE PROVISIONS OF SECTION 21.002, TEB.AS LOCAL GOVERNMENT CODE, AUTHORIZING MEMBERS OF THE GOVERNING BODY OF A MUNICIPALITY TO SERVE AS VOLUNTEERS FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWS AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTEs Section 1. The Texas Legislature has amended the Local Government Code, by adding Section 21.002, which reads as follows: °Sec. 21.002. MEMBERS OF MUNICIPAL GOVERNING BODIES MAY VOLUNTEER. A member of the governing body of a municipality may serve as a volunteer for an organization that protects the health, safety, or welfare of the municipality regardless of whether the organization is funded or supported in whole or part by the municipality if the governing body adopts a resolution allowing members of the governing body to perform service of that nature.° Section 2. The City Council of the City of La Porte hereby adopts this resolution, to allow members of the City Council of the City of La Porte to perform volunteer services for the City of La Porte. 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 resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Resolution shall be effective upon its passage and approval. • PASSED AND APPROVED this 9th day of July, 2001. CI OF LA PORTE By ; ~^/~-lam rman L. alon ayor ATTEST: Martha A. Gillett City Secretary APPRO 1~ED ti~ ~~ ~ ~ Knox W. Askins City Attorney • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Jul 9 200 Requested By: Department: Administration Report: Resolution: Ordinance: X Exhibits: Ordinance No. Exhibits: Tri-Party Agreement between City, TIRZ Board, La Porte Redevelopment Authority Aaaroariation Source of Funds: n/a Account Number: n/a Amount Budgeted: n/a Amount Requested: n/a Budgeted Item: YES NO SUMMARY & RECOMMENDATION A key element of our Tax Increment Reinvestment Zone (TIRZ) is the Tri-Party Agreement between the City, the T1RZ Board, and the Redevelopment Authority. This document describes the relationship of the three parties and outlines the type of services to be provided by the Authority and the obligations and duties of the Authority. As with other TIRZ and Authority documents, we have attempted to provide a document that is flexible enough to deal with the issues that might surface over the next 25+ years. As drafted, there are several checks and balances which are incorporated. L The Authority can only issue bonds with City Council's approval (Section III A). 2. The terms and conditions of the Authority's assigning or pledging the proceeds received by the Authority must be approved by the City Manager (Section III, last paragraph). 3. The Authority agrees to operate under the City's fmancial, accounting and procurement policies. Deviation from these policies will require City Council approval (Section VII Operating Policies). 4. Except where City Council approval is required, the Authority shall not enter into any agreements, contracts, or obligations without the City Manager's approval (Section VII Operating Policies). Several areas of the agreement refer to the Authority providing certain administrative services, reports, accounting services, audits, depository agreements, investments, etc. It is anticipated that the Authority will contract with the City to provide these services (with some exceptions, i.e. audit). This is similar to the way the City and the La Porte Area Water Authority operate. The Redevelopment Authority would pay the City for these services from the TIRZ funds, as it is an eligible expense. Staff recommends City Council enter into aTri-Party Agreement between the City, the TIRZ Board, and the Redevelopment Authority. The TIRZ Board and Redevelopment Authority will consider approval of the Tri-Party Agreement after City Council's action. Action Required by Council: Consider approval of Ordinance No. approving and authorizing aTri-Party Agreement between the City, the TIRZ Board, and the Redevelopment Authority. Aparoved for City Council Agenda Robert T. Herrera, City Manager Date ORDINANCE N0.2001-~~~~ AN ORDINANCE APPROVING AND AUTHORIZING A TRI-PARTY AGREEMENT BETWEEN THE CITY OF LA PORTS, REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTS, TEXAS, AND THE LA PORTS REDEVELOPMENT AUTHORITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: 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 herby 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 fords, 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. ORDINANCE NO. 00- • PASSED AND APPROVED, this ~/ rL day of ~~ ~-C, , 2001. ATTEST: Martha A. Gillett City Secretary APPROVED: CITY OF LA PORTE By. ~~" Orman alone Mayor Knox W. Askins City Attorney .. .~ AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS, REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS, AND THE LA PORTE REDEVELOPMENT AUTHORITY THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF HARRIS § THIS AGREEMENT (this "AgreemenP'), effective as of , 2001, is made by and between the CITY OF LA PORTE, TEXAS, a municipal corporation and ahome-rule city.in the State of Texas (the "City"); REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS, a reinvestment zone created by the City pursuant to Chapter 311, Texas Tax Code (the "Zone"); and the LA PORTE REDEVELOPMENT AUTHORITY, a nonprofit local government corporation organized and existing under the laws of the State of Texas (the "Authority"). RECITALS WHEREAS, by Ordinance No. 2000-2457 of the City Council of the City, adopted on December 11, 2000, the City authorized the creation of the Authority to aid, assist and act on behalf of the City in the performance of the City's governmental and proprietary functions with respect to the common good and general welfare of La Porte; and WHEREAS, by Ordinance No. 99-2325 ,the City created the Zone pursuant to Chapter 311, TEx~-S Tax CODE (the "TIRZAcP') and by Ordinance No. 99-23 50 ,the City expanded the Zone; and WHEREAS, the Board of Directors of the Zone ("Zone Board") and the City Council of the City each approved and adopted a Project Plan and a Reinvestment Zone Financing Plan for the Zone; and WHEREAS, the City and the Zone Board have determined that it will be advisable to have the Authority assist the Zone Boazd and act as consultant to the Zone Boazd in the implementation of the Project Plan and the Reinvestment Zone Financing Plan and provide the other services set forth in this Agreement, including the construction of improvements and the issuance of its bonds to facilitate the Plan; and WHEREAS, the City and the Zone desire to contract with the Authority to provide the assistance described in this Agreement during the term of the Zone, and to finance the efforts of the Authority using tax increments as provided herein; tri-poly agreement TIRZ WHEREAS, the City may later establish a Public Improvement District(s) to finance the construction of certain other public improvements to serve the Zone pursuant to Chapter 372, TEXAS LOCAL GOVERNMENT CODE (the "PID Act") and pursuant to an approved Service and Assessment Plan approved by City; and WHEREAS, if a PID is established within the Zone, the City and the Zone may desire to contract with the Authority to provide the assistance described in this Agreement during the term of the Zone, and to finance the efforts of the Authority using PID assessments as provided herein; NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and agreements herein contained, the City, the Zone and the Authority agree as follows: I. DEFINITIONS Definitions. The terms "Agreement," "Authority," "City," "Zone Board," and "Tri-Party Agreement," and "PID Act" have the meanings set forth in the preamble hereof, and the following capitalized terms shall have the meanings provided below, unless otherwise defined or the context clearly requires otherwise. For purposes of this Agreement the words "shall" and "will" aze mandatory, and the word "may" is permissive. "Agreement" shall mean this Agreement and all attachments hereto, between the City, the Zone and the Authority. "Appraisal District" shall mean the Hams County Appraisal District. "Authority Obligations" shall mean the notes or other contractual obligations that the Authority may incur from time to time with a Developer pursuant to Article III hereof and includes without limitation Development Agreements. "Bonds" shall mean TIRZ Bonds and/or PID Bonds, as applicable. "Captured Appraised Yalue"shall mean the total appraised value of property in the Zone as of January 1 of any year less the Tax Increment Base of the Zone, all as defined in the TIRZ Act. "City" is defined in the recitals hereto. "City Council" shall mean the City Council of the City. "City Manager" shall mean the city manager of the City, or such person as he or she shall designate. "County" shall mean Harris County, Texas. Houstoa:367%6.2 2 .. • .~. "Developer" shall mean a person who is developing or redeveloping, or proposes to develop or redevelop, a TIRZ Project within the Zone and may include natural persons, private entities., public or private not-for-profit corporations, the City, a school district, Harris County, the State of Texas, any other governmental bodies, or any other kind of person. "DevelopmentAgreement" shall mean an agreement between the Authority and a Developer relating to the development, construction, remodeling, or rehabilitation of a TIRZ Project or a PID Project. "Financing Plan "shall mean the reinvestment zone financing plan for the Zone as amended from time to time pursuant to the TIRZ Act, as adopted by the Zone Board and approved by the City Council. "Interlocal Agreement" means the Interlocal Agreement between the City, the Zone and the County approved by with respect to the participation of the County in the Zone, as such may be amended from time to time. "PID "shall mean a Public Improvement District(s) established by the City within the Zone and for which the City and Zone contract with the Authority to provide the assistance described in this Agreement. "PID Assessments" shall mean the assessments levied by the City in connection with a PID Plan. "PID Bonds" shall mean the bonds of the Authority payable from a pledge of a PID Assessment Revenue Fund.. "PID Plan" shall mean the Service and Assessment Plan of a PID. "PID Project" shall mean any project for which PID Assessments can be used pursuant to a PID Plan. "PID Revenue Funan' shall mean the subaccount of the Revenue Fund into which the PID Assessments are deposited by the City. "Plans" shall mean the TIRZ Plan and a PID Plan approved by City. "Project Cost" shall mean those costs of public works and improvements and other costs for which payment can be made pursuant to the TIRZ Act that are identified in the TIRZ Plan. HowWre367966.2 3 .. "Project Plan" shall mean the project plan for the Zone as it may be amended from time to time pursuant to the terms of the TIRZ Act, as adopted by the Zone Board and approved by the City Council. "Projects" shall mean the TIRZ Projects and the PID Projects. "Revenue Fund" shall mean the fund established by the Authority comprised of the T1RZ Revenue Fund and any PID Assessment Revenue Fund subaccounts. "School District" shall mean the La Porte Independent School District. "School District Educational Facilities Costs" means the money to be paid annually to the School District for educational facilities project costs pursuant to the Interlocal Agreement. "Special District Improvement Fund" shall mean the Special District Improvement Fund created by the City for the PID including any subaccount therein into which all PID Assessments shall be deposited by the City. "Tax Increment" shall mean the amount of property taxes collected each year by each Taxing Unit participating in the Zone (to the extent of their participation) on the Captured Appraised Value. "Tax Increment Base" shall mean the total appraised value of all real property taxable by the City and located in the Zone as of January 1, 1999, the year in which the Zone was effective and designated as a reinvestment zone, plus the total appraisal of all real property taxable by the City and the other Taxing Units participating in the Zone and annexed to the Zone determined as of January 1 of the year in which any future area is annexed to the Zone. "Tax Increment Fund" shall mean the Tax Increment Fund created by the City for the Zone including any subaccount therein into which all Tax Increments shall be deposited by the City. "Taxing Unit" shall mean the County, the School District, and any other Taxing Unit that participates in the TIRZ. "TIRZAct" is defined in the recitals hereto. "TIRZ Bonds" shall mean the bonds of the Authority payable from a pledge of the TIRZ Revenue Fund. "TIRZPIan"shall mean the Project Plan and the Financing Plan. "TIRZ Project" shall mean any project for which moneys in the Tax Increment Fund can be used pursuant to the TIRZ Act and which has been approved in the Project Plan and the Financing Plan. Howtoo:367966.2 4 .. "TIRZ Revenue Fund" shall mean the subaccount of the Revenue Fund into which the Tax Increments aze deposited by the City for the use of the Authority hereunder. "Zone" is defined in the recitals hereto, and includes any area added to the boundaries of the Zone. II. SCOPE OF SERVICES BY AUTHORITY To the extent of available funds and subject to the limitations of this Agreement, the services that the Authority may furnish consist of, among other things, the following: A. Management and Administrative Services and Consultants. The Authority will provide management and administrative services for the Zone and the PID. The services without limitation may include the following: 1. Provide the staff and administrative services that are necessary to manage the Zone and the PID and provide or supervise the services and the Projects; 2. Provide management, financial and program monitoring systems for the administration of the Zone. and the PID; 3. Provide any required reports to the City and the Zone concerning the administration of the Zone; 4. Subject to the terms of this Agreement, recruit, hire, pay and supervise the consultants and any work force that the Authority will utilize to furnish services required for the development or redevelopment of the Zone; 5. Provide staff to participate in meetings concerning the administration of the Zone and the PID in all its capacities, including the services to the Zone Boazd when managing the Zone; 6. Provide liaison and coordination between the Zone, the City, the County, the School District, other Taxing Units, property owners, and other persons and groups interested in the redevelopment activities of the Zone and the PID; 7. Supervise and monitor the performance of consultants and subcontractors who aze employed by the Authority; Houston:367966.2 5 L _J 8. Assist in briefing Developers, property owners and other persons concerning proposed activities and developments that would complement public and private development activities in the Zone; 9. Function as the information/complaint center for all matters relating to the administration of the Zone and advise the Zone Boazd and the City in a timely manner of any problems concerning the Zone and the PID; and 10. Provide engineering, planning, legal, financial, real estate, and other services through consultants engaged by the Authority as may be requested by the Zone Boazd or the City. B. Services With Respect to the Plans and Enlargement of the Zone. 1. Act as consultant to the Zone in the implementation and amendment of the Plans in accordance with applicable law. 2. The Authority will review azeas for addition to the Zone as requested by the Zone Boazd and will provide information with respect to any proposed enlazgement that may be required by the Zone Board including, if requested, the information required for a preliminary Project Plan and a preliminary Financing Plan with respect to the enlazgement of the Zone. C. Tax and Assessment Rolls. 1. Assist the Zone Boazd and the City with respect to the prepazation of special tax rolls relating to the Zone. The Authority will analyze property uses in the Zone, compare them to the records of the Appraisal District, and attempt to reconcile the tax rolls of the Appraisal District with the actual land uses. 2. Assist the City in securing a tax roll for the Zone each yeaz, and assist the Zone Board, the City, and the Appraisal District in having the Zone tax rolls correctly reflect the total appraised value of real property in the Zone for that yeaz and showing separately the Tax Increment Base and the Captured Appraised Value. The Authority. will assist the Zone Boazd and the City in advising all Taxing Units participating in the Zone with respect to the Captured Appraised Value and the amount of Tax Increment of each Taxing Unit which is to be paid into the Tax Increment Fund as required by the TIRZ Act. 3. Assist the City in preparing the PID Assessment rolls, noticing and conducting hearings, and collecting the PID Assessments. Houston:367966.2 6 ~. -. D. Construction of Proj ects. The Authority may construct infrastructure, buy equipment and supplies, and deal in real estate as necessary to implement the Plans and as permitted by the TIRZ Act and the PID Act: 1. To the extent funds aze available, the Authority may design and construct Projects identified in the Plans that meet the qualifications of the TIRZ Act and the PID Act as applicable; and 2. To the extent funds are available, the Authority may buy, sell, lease and otherwise deal in real estate within the Zone. E. Subcontractors. The Authority may provide the services required by this Agreement through staff, subcontractors, and/or consultants subject to the conditions of this Agreement. III. OBLIGATIONS OF THE AUTHORITY A. General Statement. The Authority has the authority to enter into Authority Obligations with Developers and enter into contracts with consultants and others to be paid from moneys to be paid by the City and the Zone to the Authority from Tax Increments and PID Assessments pursuant to this Agreement, and further, the Authority may issue Bonds with the consent of the City Council; provided that nothing in this Agreement shall be construed to authorize the Authority to expend any of the Tax Increment funds received pursuant to this Agreement for any costs other than Project Costs or expand PID Assessments for any cost other than costs authorized under the PID Plan. B. Power to Incur Authori ,~ Obligations. Subject to the provisions of this Article, the Authority shall have the power from time to time to issue and incur Authority Obligations and enter into contracts with consultants upon such terms and conditions as the Authority Board and the Zone Boazd shall determine to be necessary or desirable to implement the Plans. The Authority Obligations maybe in the form of a Development Agreement with the Developer of a Development who agrees to construct, improvements or other facilities included in the Plans in exchange for the obligation of the Authority to repay the Developer for such costs from future payments made by the City and the Zone to the Authority pursuant to this Agreement. All Development Agreements shall specify which Plan pursuant to which it is entered, and shall provide that (i) the Authority will not reimburse any Developer for any Project that is determined to be an ineligible Project Cost under the TIRZ Act, or an ineligible PID Project under the PID Act, as applicable; and (ii) the Developer shall repay the Authority for any payment made by the Authority to the Developer that is determined to be ineligible. HousWn:367966.2 7 • .. C. Approval of Bonds and Other Obligations. The Authority may issue Bonds secured by payments made pursuant to this Agreement with the approval of City Council. D. Use of Tax Increments. Amounts deposited in the TIRZ Revenue Fund shall be applied in the following order of priority (i) amounts pledged or required for the payment of outstanding Bonds secured by the TIRZ Revenue Fund, including Bonds in the process of issuance and refunding Bonds, (ii) administrative costs of the Zone and the Authority relating to the Zone, and (iii) payments. of other Authority Obligations relating to the Zone. E. Use of PID Assessments. Amounts deposited in the PID Revenue Fund shall be applied in the following order of priority (i) amounts pledged or required for the payment of outstanding Bonds secured by the PID Revenue Fund, including Bonds in the process of issuance and refunding Bonds, (ii) administrative costs of the Authority relating to the PID, and (iii) payments of other Authority Obligations relating to the PID. F. Pledge of Revenue Fund. The Authority and the Zone Board may pledge and assign all or a part of the Revenue Fund under this Agreement to: 1. with respect to the TIRZ Revenue Fund, the owners and holders of TIRZ Bonds, and Developers/Builders pursuant to a Development Agreement for TIRZ Improvements. 2. with respect to the PID Revenue Fund, the owners and holders of PID Bonds, and Developers/Builders pursuant to a Development Agreement for PID Improvements. The City consents to any assignment and pledge consistent with this Agreement. The terms and conditions of the instruments assigning or pledging the proceeds to be received by the Authority pursuant to this Agreement must be approved by the City Manager. IV. DUTIES AND RESPONSIBILITIES OF THE CITY AND THE ZONE A. Tax Increment Fund. The City has established and will maintain a separate Tax Increment Fund, including subaccounts if necessary, in the City treasury into which Tax Increments shall be deposited. During the term of this Agreement, Tax Increments shall be paid to the Authority from the Tax Increment Fund as herein provided. B. Special District Improvement Fund. The City will establish and maintain a separate fund Special District Improvement Fund, including subaccounts if necessary, in the City treasury into which PID Assessments shall be deposited. During the term of this Agreement, PID Assessments shall be paid to the Authority from the Special District Improvement Fund as herein provided. Houston:367966.2 .. .,~ C. Limitation of Source of Payment. The City and the Zone shall have no financial obligation to the Authority other than as provided in this Agreement or in other agreements between the City, the Zone and the Authority. The obligation of the City and the Zone to the Authority under this Agreement is limited to the Tax Increments and PID Assessments that are collected by the City. This Agreement shall create no obligation on the City or the Zone that is payable from taxes or other moneys of the City other than the Tax Increments and PID Assessments that are collected by the City. The obligation of the City and the Zone to the Authority under this Agreement shall be subject to the rights of any of the holders of Bonds or other obligations that have heretofore or are hereafter issued by the City, the County, and any other Taxing Units that aze payable from or secured by a general levy of ad valorem taxes throughout the taxing jurisdiction of the City, the County, and the other Taxing Units. D. Collection and Payment of Tax Increments b the City and the Zone. Inconsideration of the services and TIRZ Projects to be provided by the Authority, the City and the Zone covenant and agree that they will, as authorized under the TIRZ Act and other applicable laws, continuously collect the Tax Increments from the Taxing Units whose participation in the Zone is reflected in the TIRZ Plan during the term of this Agreement in the manner and to the maximum extent permitted by applicable law. To the extent the City and the Zone may legally do so, the City and the Zone also covenant and agree that they will not permit a reduction in the Tax Increments paid by the Taxing Units except to the extent provided in the agreement with the Taxing Unit executed at the time the Taxing Unit agrees to participate in the Zone. In addition, the City covenants and agrees that it will not dissolve the Authority unless the provisions of Article XVIII, Pazagrapl~ C, are met and that any repeal of the right and power to collect the Tax Increments will not be effective until all the TIRZ Bonds or other TIRZ-related Authority Obligations have been paid in full or until they aze legally defeased. The City and the Zone further covenant and agree that they will make all payments asset forth in Article V below, by a direct deposit into the TIRZ Revenue Fund, without counterclaim or offset, but minus any expenses incurred by the City in connection with the collection of the Tax Increments and minus any amount retained pursuant to the provisions set forth in Article V below. E. Collection and Payment of PID Assessments by the City. In consideration of the services and PID Proj ects to be provided by the Authority, the City covenants and agrees that it will, as authorized under the PID Act and other applicable laws, continuously collect the PID Assessments as reflected in the PID Plan during the term of this Agreement in the manner and to the maximum extent permitted by applicable law. In addition, the City covenants and agrees that it will not dissolve the Authority and that any repeal of the right and power to collect the PID Assessments will not be effective until all the PID Bonds or other PID-related Authority Obligations have been paid in full or until they are legally defeased. The City further covenants and agrees that it will make all payments as set forth in Article V below, by a direct deposit into the PID Revenue Fund, without counterclaim or offset, but minus any expenses incurred by the City in connection with the collection of the PID Assessments, and minus any amount retained pursuant to the provisions set forth in Article V below. Houaton:367966.2 9 •. i F. Obligations of City and the Zone to be Absolute. The obligation of the City and the Zone to make the payments set forth in this Agreement shall be absolute and unconditional, and until such time as this Agreement, Bonds, and the contractual obligations of the Authority incurred pursuant to this Agreement have been fully paid or provision for payment thereof shall have been made in accordance with their terms (or, with respect to the Tax Increments, the date of expiration of the Zone, if earlier), the City and the Zone will not suspend or discontinue any payments provided for in this Agreement and will not terminate this Agreement for any cause, including, without limiting the generality of the foregoing, the failure of the Authority to perform and observe any agreement, whether express or implied, or any duty, liability, or obligation arising out of or connected with this Agreement except as provided in Article XVII. Nothing contained in this section shall be construed to release the Authority from performance of any of the agreements on its part contained in this Agreement, and in the event the Authority shall fail to perform any such agreement on its part, the City may institute such action against the Authority as the City may deem necessary to compel performance so long as this action does not abrogate the obligations of the City and the Zone to make the payments set forth in this Agreement to pay the Bonds of the Authority or to meet its Authority Obligations to Developers. V. CITY PAYMENT TO AUTHORITY A. TIRZ Payments. The City, on behalf of itself and the Zone, will pay the Authority, not later than the fifth business day of each calendar quarter during the term of this Agreement, all monies then available in the Tax Increment Fund, subject to the retention by the City of (i) an amount equal to the City's direct administrative costs connected with the Zone and the TIRZ Plan, not to exceed five percent of the amount available in the Tax Increment Fund; and (ii) the School District Educational Facilities Costs, if applicable. The Authority shall deposit the payments received pursuant to this Section into the TIRZ Revenue Fund and use the monies in the TIRZ Revenue Fund for payment of its TIRZ-related costs, its obligations to the holders of its TIRZ Bonds, its obligations to Developers pursuant to a TIRZ Development Agreement, or its other contractual obligations. The obligation to make these payments shall survive a termination of this Agreement as provided by Article XVII hereof. . B. PID Payments. The City will pay the Authority, not later than the first business day of each calendar quarter during the term of this Agreement, all monies then available in the Special District Improvement Fund, subject to the retention by the City of an amount equal to the City's direct administrative costs connected with the PID and the PID Plan,. not to exceed five percent of the amount available in the Special District Improvement Fund. The Authority shall deposit the payments received pursuant to this Section into the PID Revenue Fund and use the monies in the PID Revenue Fund for payment of its PID-related costs, its obligations to the holders of its PID Bonds, its obligations to Developers pursuant to a PID Development Agreement, or its other contractual obligations. The obligation to make these payments shall survive a termination of this Agreement as provided by Article XVII hereof. Houstoa367966.2 1 O ,,, VI. ACCOUNTING AND AUDITS A. Accounts, records, and accounting reports. The Authority will maintain books of records and accounts in which full, true, and proper entries will be made on all dealings, transactions, business, and matters that in any way affect or pertain to the operation of the Zone and the PID, and the allocation and application of funds provided hereunder. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. The Authority shall provide free access to the books and records at all times to the City and the Zone or their representatives and shall permit them to examine and audit the same and make copies thereof. The Authority shall further allow the City and the Zone and their representatives to make inspections of all work data, documents, proceedings, and activities related to this Agreement. Such right of access and audit shall continue for a period of three years from the date of final payment under this Agreement. The Authority will operate on the basis of the same fiscal year as the City. B. Audit. At the end of each fiscal year (beginning with the fiscal yeaz or fraction thereof during which this Agreement is executed), the Authority will have an audit prepared by an independent Certified Public Accountant for that fiscal yeaz that shall be submitted to the Authority, the Zone and the City within 120 days after the end of the fiscal year. The Authority shall famish copies of the audit to the City Manager and the Zone Boazd. C. Authority Depository. Any moneys received from investing and reinvesting the moneys paid by the City and the Zone to the Authority shall remain in the PID Revenue Fund and the TIRZ Revenue Fund, as applicable, until used by the Authority for one of the purposes permitted by this Agreement, and may be commingled with other moneys of the Authority; provided that these funds shall be accounted for sepazately. Such funds shall be invested and reinvested by the Authority only in investments that would be eligible for investment by the City pursuant to the provisions of the Public Funds Investment Act (Chapter 2256, Texas Government Code). Such funds will be secured by the depository bank in the same manner as City funds aze required to be secured at the City depository and in accordance with applicable law and City procedures. VII. OPERATING POLICIES By execution of this Agreement, the Authority agrees to operate under the City's financial, accounting, and procurement policies. If State law affords the Authority more flexibility or options in these azeas, the Authority shall require City Council's approval to deviate from the City's policies. Except where City Council approval is required, the Authority shall not enter into any agreements, contracts, or obligations without the City Manager's approval. Houston:367966.2 11 VIII. RIGHT OF OWNERSHIP All property and improvements purchased by the Authority shall be the property of the Authority and shall be maintained by the Authority throughout the term of this Agreement and the Authority may lease, sell or otherwise dispose of such property upon such terms and conditions as the Authority deems desirable; provided that, if any TIRZ Project or PID Project is integrated in and used as part of the City's infrastructure, it shall be conveyed to the City at the time of such integration, at the City's discretion. Upon termination of this Agreement, title to all Authority property shall immediately vest in the City without the need for further action on the part of the City. IX. PERSONAL LIABILITY OF PUBLIC OFFICIALS To the extent permitted by State law, no director of the Authority, nor any employee or agent of the Authority, no director of the Zone, nor any employee or agent of the Zone, and no employee of the City, nor any agent of the City, shall be personally responsible for any liability arising under or growing out of the Agreement, or operations of the Authority under the terms of this Agreement. X. CITY AND ZONE NOT LIABLE FOR DELAY It is expressly agreed that in no event shall the City or the Zone be liable or responsible to the Authority or any other person for or on account of, any stoppage or delay in the work herein provided for by injunction or other legal or equitable proceedings, or from or by or on account of any delay for any cause over which the City or the Zone has no control. XI. INDEMNITY AND RELEASE A. Indemni for personal injuries. The authority covenants and agrees to, and does hereby, defend, indemnify and hold the city, the zone, and their officers, directors, and employees (the "indemnified persons"), harmless from all claims, causes of action, liabilities, fines, and expenses (including, without limitation, attorneys' fees, court costs and interest) for injury, death, damage or loss injuries, including death, to persons or property sustained in connection. with or incidental to any performance under this agreement, including, without limitation, those caused by: 1. The authority's and/or its agents', employees', officers', directors', contractors', or subcontractors' (collectively in lettered paragraphs 1-3, "authority's ") actual or alleged negligence or intentional acts or omissions; HousWn:367966.2 12 V 2. The indemnified persons' and/or the authority's actual or alleged concurrent negligence, whether the authority is immune from liability or not; and 3. The indemnified persons' and/or the authority's actual or alleged strict products liability or strict statutory liability, whether the authority is immune from liability or not. The authority shall defend, indemnify, and hold the indemnified persons harmless during the term of this agreement and for four years after the agreement terminates. The authority's indemnification is limited to $3,000,000 per occurrence. The authority shall not indemnify the indemnified persons for the indemnified persons' sole negligence. B. Indemni , to citynroperty. Authority shall likewise indemnify and hold harmless the city for any and all injury or damage to city property arising out of or in connection with any and all acts or omission (or alleged acts or omission) of authority, its officers, agents, employees, contractors, subcontractors, licensees, or invitees. C. Release. The authority agrees to and shall release the indemnified persons from all liability for injury, death, damage, or loss to persons or property sustained in connection with or incidental to performance under this agreement, even if the injury, death, damage, or loss is caused by the indemnified persons' sole or concurrent negligence. D. Defense of Claims. 1. Assumption of Defense. The Authority is defined as a "Covered Party" under the Errors and Omissions Liability Coverage Policy of the City of La Porte. As such, the Authority agrees with the City of La Porte to immediately notify the City (and the City's insurance carrier) in the event of any claims that aze or may be reasonably asserted under said policy. The Authority agrees to cooperate fully with the City and its insurance carrier in defense of any claim asserted against the Authority (or City, if within the scope of the Authority's duty to indemnify City and the other indemnified parties, as defined in this Agreement) in the event the City's liability insurance carrier provides coverage and a defense of any claim subject to the indemnity provisions of this agreement. In the event the City's liability insurance carrier denies coverage of any claim subject to the indemnity provisions of this agreement, then the Authority may elect to defend said claim at its own expense with counsel chosen by it that is reasonably satisfactory to the Indemnified Persons. The Authority shall then control the defense and any negotiations to settle the claim. Within 10 days after receiving written notice of the indemnification request, the Authority must advise the Indemnified Persons as to whether or not it will defend the claim. If the Authority does not then assume the defense, the Indemnified Persons shall assume and control the defense, and all defense expenses constitute an indemnification loss. 2. Continued Participation. Subject to the foregoing paragraph, if the Authority (after denial of insurance defense coverage) elects to defend the claim, the Indemnified Persons may retain separate counsel at their own expense to participate in (but not control) the defense and to participate Hauston:367966.2 13 -.. in (but not control) any settlement negotiations. Subject to the foregoing paragraph, the Authority may settle the claim without the consent or agreement of the Indemnified Persons, unless the settlement (i) would result in injunctive relief or other equitable remedies or otherwise require the Indemnified Persons to comply with restrictions or limitations that adversely affect the Indemnified Persons; (ii) would require the Indemnified Persons to pay amounts that the Authority does not fund in full; or (iii) would not result in the Indemnified Persons' full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. XII. INDEPENDENT CONTRACTOR It is expressly understood and agreed that the Authority shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the City or the Zone; that except as herein provided, the Authority shall have exclusive control of and the exclusive right to control. the details of the services and work :performed hereunder, and all persons performing the same; and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors; that the doctrine of respondent superior shall not apply as between the City or the Zone and the Authority, its officers, agents, employees, contractors, and subcontractors; and that nothing herein shall be construed as creating a partnership or joint enterprise between the City or the Zone and the Authority. No person performing any of the work and services described hereunder shall be considered an officer, agent, servant, or employee of the City or the Zone. XIII. INSURANCE The Authority is listed as a "Covered Party" under the City of La Porte's Errors and Omissions Liability Coverage. The Liability Declazations of Coverage is attached to this Agreement as Exhibit "A". In addition to the foregoing, the Authority (as it deems prudent) may obtain and maintain additional insurance coverage continuously during the term of this Agreement, and the Authority shall contract with each contractor engaged by it hereunder to maintain (and cause each of its subcontractors to maintain) insurance coverage during the term of its contract, naming the Authority and the City of La Porte, its officers and employees, as additional named insured, and further providing the City of La Porte (and other indemnified parties) at least 30 days prior notice of cancellation of any policy required herein. Houstoo:367966.2 14 • ~ 1 A1V. ADDRESS AND NOTICE Any notice sent under this Agreement (except as otherwise expressly required) shall be written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written confirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the receiving party at the following addresses: La Porte Redevelopment Authority John Joerns, Assistant City Manager P.O. Box 1115 La Porte, Texas 77572-1115 Attn: President, Boazd of Directors Reinvestment Zone Number One John Joerns, Assistant City Manager P.O. Box 1115 La Porte, Texas 77572-1115 Attn: Chairperson, Boazd of Directors City of La Porte John Joerns, Assistant City Manager P.O. Box 1115 La Porte, Texas 77572-1 1 1 5 Attention: City Manager Each party may change its address by written notice in accordance with this section. Any communication addressed and mailed in accordance with this section shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, the Authority, the Zone, or the City, as the case may be. XV. APPLICABLE LAWS This Agreement is made subject to the Constitution and laws of the State of Texas and the Charter of the City. All actions or proceedings arising directly, indirectly or otherwise in connection with, out of, or related to, or from this Agreement shall be litigated only in courts whose situs is in Houston, Hams County, Texas (U.S.A.). Each party hereto consents and submits to the jurisdiction. of Courts in Houston, Harris County, Texas. HowWn:367966.2 15 • -. XVI. CAPTIONS The captions at the beginning of the Articles of this Agreement are guides and labels to assist in locating and reading such Articles and, therefore, will be given no effect in construing this Agreement and shall not be restrictive of the subject matter of any article, section, or part of this Agreement. XVII. SUCCESSORS AND ASSIGNS This Agreement shall bind and benefit the respective parties and their legal successors, and shall not be assignable, in whole or in part, by any party hereto without first obtaining the written consent of the other party. Nothing herein shall be construed as creating any personal liability on the part of any officer or agency of the City, of the Zone or of the Authority. XVIII. TERM AND TERMINATION, DISSOLUTION OF AUTHORITY A. In general. This Agreement shall become effective, and its initial term shall begin, on the date first set forth above, and end upon the later of (i) the date of completion of the Plans, or (ii) the date on which all Authority Obligations and Authority Bonds have been retired. B. Termination for cause. A party may terminate its performance under this Agreement only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its duties under this Agreement as of the 90th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (i) such termination shall be ineffective if within said 90-day period the defaulting party cures the default, or (ii) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. No termination of this Agreement will affect the obligation of the City and the Zone to pay an amount that will permit the Authority to pay its Bonds or Authority Obligations issued or incurred pursuant to and consistent with this Agreement prior to termination. C. Dissolution of Authority. The City agrees not to dissolve the Authority or the Zone unless it.makes satisfactory arrangements to provide for the payments of the Authority's Bonds, or other Authority Obligations incurred prior to the Authority's dissolution. Hooston:3679ti6.2 16 • • XIX. AMENDMENT OR MODIFICATIONS Except as otherwise provided in this Agreement, this Agreement shall be subj ect to change, amendment, or modification only by the mutual written consent of the parties hereto. [Execution pages follow.] Houston:367966.2 17 IN TESTIMONY OF WHICH this instrument has been executed on behalf of the Authority, the Zone and the City effective as of the date first above written. CITY OF LA PORTE ~- ayor ATTEST/SEAL: (A . City S cretary LA PURTE REDEVELOPMENT AU'T'HORITY ~~ President, Board of Directors ATTEST• r Secr oard of Directors REINVESTMENT ZONE NUMBER ONE, C Y OF LA PORTE, TEXAS Chairperson, Board of Directors ATTI/ST• Sec ,Board of Directors Houston:367966.2 18 • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Jul 9 2001 Requested By: S. Gillett Department: Public Works Report: Resolution: Ordinance: Exhibits: Letter from BFI w/Proposed Rate Schedule Exhibits: Consumer Price Index Appropriation Source of Funds: Account Number: Amouut Budgeted: Amount Requested: Budgeted Item: N/A Exhibits: Excerpt from Commercial Solid Waste Contract SUMMARY & RECOMMENDATION On October 9, 2000, the City of La Porte approved a contract with BFI Waste Systems, Inc. to provide containerized commercial solid waste collection within the City. Per the terms of the contract, BFI is entitled to an annual rate increase, based on the April Consumer Price Index (CPI), with a maximum annual increase not to exceed five percent (5%). Attached is a letter from BFI requesting a four percent (4%) increase. The CPI increase from April 2000 to April 2001 was 4.2%. The proposed increase will result in adjusted rates, as shown on the attached rate sheet, and will go into effect on November 1, 2001. It should be noted that the Contractor bills commercial customers directly. The City is paid 4% of gross revenues by the contractor. Action Required by Council: Approve proposed rate increase of 4% for collection of containerized commercial solid waste by BFI Waste Systems, Inc. Approved for City Council Agenda obert T. Herrera, City Manager Date • June 8, 2001 Mr. Steve Gillett Public Works Director City of La Porte 604 W. Fairmont LaPorte, TX. 77571 Dear Mr. Gillett: It is a pleasure to provide Commercial Garbage Collection and Disposal for the City of LaPorte. Like other companies, however, BFI faces annual increases in the costs associated with our service. Fuel and Labor increases have impacted our operational costs greatly this past year. Therefore, BFI is petitioning the City of LaPorte, pursuant to our current commercial contract, Section 13.03, for the Consumer Price Index for all Urban Consumers, calculated for the month of April. The CPI rate for Apri12001 is four-percent (4%). Commercial customers will see the 4% increase added to their base rate. I am attaching a copy of the most recent CPI printout. Also attached is the new rate schedule that would become effective November 1, 2001. We appreciate the City of LaPorte's consideration of our price increase request. If there are atry questions, I will be available for a meeting at your convenience. Sincerely, BFDI WASTE SERVICES OF TEXAS, LP T Patty Welborn Public Sector Acct. Mgr. 5301 Brookglen Drive • P.O. Box 87786 (77287-7786) • Houston, Texas 77017 Phone 713-948-7600, 409-765-8778 • Fax 713-910-5190, 713-910-5191 ~ ~ LA PORTE COMMERCIAL PRICING November 1, 2001 THRU October 31, 2002 SIZE WEEKLY BASE FRANCHISE CUSTOMER PICK UP PRICE FEE RATE 4°~ 1 $18.49 $0.74 $19.23 2 $35.59 $1.42 $37.01 2 YD 3 $50.61 $2.02 $52.63 Extrra P/U 4 $65.62 $2.62 $68.24 $18.00 5 $81.99 $3.28 $85.27 6 $98.37 $3.93 $102.30 1 $27.67 $1.11 $28.78 2 $53.34 $2.13 $55.47 3 YD 3 $75.85 $3.03 $78.88 Extra P/U 4 $98.37 $3.93 $102.30 $22.00 5 $122.94 $4.92 $127.86 6 $147.51 $5.90 $153.41 1 $36.86 $1.47 $38.33 2 $71.00 $2.84 $73.84 4 YD 3 $101.10 $4.04 $105.14 Extra P/U 4 $131.13 $5.25 $136.38 $25.00 5 $163.89 $6.56 $170.45 6 $196.65 $7.87 $204.52 1 $55.26 $2.21 $57.47 2 $106.56 $4.26 $110.82 6 YD 3 $151.60 $6.06 $157.66 Extra P/U 4 $196.65 $7.87 $204.52 $30.00 5 $245.78 $9.83 $255.61 6 $294.92 $11.80 $306.72 1 $73.62 $2.94 $76.56 2 $142.00 $5.68 $147.68 8 YD 3 $202.10 $8.08 $210.18 Extra P/U 4 $262.16 $10.49 $272.65 $35.00 5 $327.68 $13.11 $340.79 6 $393.19 $15.73 $408.92 SPECIAL COLLECTIO Labor, Transportation & Equipment 11.18 / cu yd Disposal Fees: $5.90/cu yd FRANCHISE FEE CODE / 10 ~~"+ (~~~ ~'d l?7 aC ~ ~ r ~ Q1 M S~ (A R, ~• b O o ~' d ~~ 7 a.. ~f K a ~° s~ ,, ad ~~ ~a O N A N A ~ ca n a v 8.'' ~O 7 ~ b W N 00 N 8 pN O N O -+ b r+ b ~-1pp+ /0 r 1~0 ~r~pp 10 ~-~pp+ 10 r b r+ 1~O r b ~~rpp+ 10 i.+ 0~D ~r1pp 00 l~rpp+ 00 r 0~0 r ~ 1-1pp. -+ ~ ~r1pp+ r ~ trtpp r rr rr r. ~ r• V r.. r+ r+ rr V r+ 0 10 GO d Q 1 fr A W N r+ 1G CA .1 01 A N O ~ ~ J C l IA W ~ r + ~ W W W V W ~ W ,1 0 ,O O ,~ J w N V v a .~ .p N ^~' r r~ 00 r W N ...~ ~ r a O~ r a A r a ~-' r W ~C rr W V r W ^' r N V r N Ji r OO r ~' N p OO r O d r 0 U~ ...+ ~ r O O~O . b V ~ ~ C1 ~-' Q~ ~-' to rn W O V O w V v C a r O ~O ~ ~ ~ ~ ~ W •..• lA A a ~• a r a W W W N N ~' ~'~' ~ ~ N O ~ ~ v~i QO 10 00 r V r 01 W to Op In p to O a a a O W 0q W V 10 In N OQ 00 W 01 W fn N W -~' 00 O 01 OO OO OO V W V~ OO W W N N li1 0 a ln V~ V r W W r W CO , W W C1 V 10 W .~ ~C r ln :A. rr a c0 r a 01 r aa a r a N r W 1p ~+ W v r W N r N 10 i-+ N a ~_+ !o r+ -- a r o ~ -+ o 01 ~ o w r+ o v~ t-+ o w r o O `O v `,° O0 ty " w O~ la -` W .A C0 00 ~B Ja 10 a 10 rl r a tnl 0 W O N ~ W ~--~ ~ V Cn In In A .~ W tri Cr ~p tn r 01 -~ 10 v f'~ V (J GO `~ C O 00 r a r oao r v r ~ r N r g -+ ~ .... w .-. ~ ... 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Y \ \ \ ~ o e \ a i ~ 0 • ff ~ ~~ a ~' 7 ~O ~ m 7 ~0~pp m 5 6 N ~ w O A ~p~.~.= ~ y.A ; C b o~ ~a o ~~~ .~ m ~~ ~5 ~ • 12.00 FAILURE TO PERFORM 12.01 NOTICE -All terms and conditions of the Contract are considered to be material and a failure to perform or a breach of any condition, term or provision of any part of the Contract shall be considered to be a default constituting grounds for termination or other default relief. Should the Contractor fail to perform any of its contractual obligations, the City shall provide written notice within ten (10j days of the failure by the Contractor. The notice shall set forth the causes and reasons for the proposed termination and cancellation. The City's failure to give notice shall not be deemed a waiver of subsequent defaults or failure to perform. 12.02 REMEDY -Should the Contractor fail to correct such breach within thirty (30) days of the notice, the City may, at its option, terminate this agreement and negotiate with other contractors for the performance of the service. Such action shall not release the Contractor of liability to the City for such breach of agreement. In the event of terming#ion under this provision, the City may utilize the performance bond(s) to fund cost of service for collection and disposal, and may avail itself of any other remedy allowed by law for damages resulting from Contractor's failure to perform. 12.03 FORCE MAJEURE - In the event that the Contractor is delayed or prevented from continuing in the performance of this Contract by reason of an Act of God,, catastrophe, riot, war, governmental order or regulation, strike or other similar or different contingency beyond the. reasonable control of the Contractor, the Contractor shall not be liable for damages arising solely out of such contingency. 13.00 BASIS AND METHOD OF PAYMENT 13.01 COLLECTION AND DISPOSAL RATES -For collection and disposal services required to be performed by the Contract, the .charges for said services shall be as outlined under Exhibit A and said charges shall not exceed the rates as fixed by the Contract Documents, as adjusted in accordance with Paragraph 13.02. The .Refuse collection charges provided in this section shall include all collection, disposal, billing, State fees, 4% fee payable to the City, and related costs. Bins will be deemed full for purposes of determining cubic yards collected, with the capacity as determined by the manufacturer. 13.02 MODIFICATION OF RATES -The Contractor and the City hereby agree that the fees for such refuse collection and disposal service as provided in Exhibit A shall be binding upon both parties for the first year of the Contract, that is from November 1, 2000 through October 31, 2001. In the event that the 11 • Contractor determines that an increase in such collection and disposal fees is required due to an increase of specific costs incurred by the Contractor in providing such services, then the Contractor shall submit, in writing, to the City. on or before July 15, 2001, and subsequent years, its proposal for increased fees and all supporting data related thereto, and such proposed increases shall be approved in accordance with Paragraph 13.03 and 13.04, with a maximum annual rate increase as defined in Paragraph 13.05. 13.03 ANNUAL COST OF LIVING ADJUSTMENT -Beginning November 1, 2001, and in subsequent years thereafter, there shall be a cost of living adjustment of the base rates. The ,base rate for commercial container service shall include collection, .transport and disposal costs. The base rate for special collections shall include collection and transport costs. The annual cost of living adjustment shall be calculated by multiplying the base rate by a fraction, the denominator of which shall be the April 2000 Consumer Price Index for all Urban Consumers (CPI-U), all items,. U.S. City Average, and the numerator of which shall be the CPI-U for all items, U.S. City Average for _ April 2001, and subsequent dates of adjustment. 13.04 DISPOSAL COSTS -The rate for special collection shall be increased annually to reflect increases in landfill disposal costs, but shall not exceed the cun'ent Type IV rate paid by the City for disposal of Type IV trash. 13.05 MAXIMUM ANNUAL RATE INCREASE -Regardless of the actual cost increase incurred by the Contractor in a given period, as defined in 13.03 and 13.04, the City shall never incur an increase greater than five percent (5%) of the prevailing base rate in any Contract year. Provided, however, any fees, in addition to current State fees, imposed on all Disposal Sites within a 25 mile radius of the City, by any local, state, federal or other regulatory agericies shall be passed to the City as they become effective. Such rate increase shall be in addition to and separate from any annual rate increase provided for in Paragraphs 13.03, 13.04 and 13.05. 13.06 APPROVAL OF RATE INCREASES -After receipt of the Contractor's proposal to increase rates as outlined in Paragraph 13.02, the City shall approve or disapprove of the proposed rate increase on or before August 1, 2001, and in subsequent years, provided that the City shall approve any rate increase that has been properly established under Section 13 of the Contract. Should the City fail to approve or disapprove of the proposed rate increase by such date, then the proposed increase shall take effect on November 1 of that Contract year. Should the Contractor and the City fail to agree on the proposed rate increase, resolution shall be subject to Paragraph 17.00. 12 ~ ~.~ ~- CITY OF LA PORTE • INTEROFFICE MEMORANDUM June 29, 2001 TO: Mayor and City Council FROIVi: Robert T. Herrera, C,it~jManager ~,~~ SUBJECT: Agenda Request Item Signed by Councilmen Sutherland, Young and Engelken I have received a request for an item to be placed on the July 9, 2001., City Council Meeting from three Councilmembers. I am familiar with the problem and support their request, which is to: - Direct the Planning and Zoning Commission to review Sec. 106-741 of the Code of Ordinances and ask them to return with a recommendation regarding setbacks for accessory buildings on large lot residential properties. The Commission should also include in their review, how to handle the modification or expansion of existing accessory buildings on large lot residential properties. RTH: su Attachment cc: John Joerns • City of La Porte Established 1892 June 22, 2Ut)1 To: Bob Herrera From: Gouncilpersons Re: Zoning Ordinance One of our residents is prevented from developing his large lot b3• certain provisions of Section 1U6-741 of our Code of Ordinances. The undersigned councilpersons would like to have our Planning and Zoning Commission review this section and recommend what changes could be adopted regarding setbacks for accessory buildings to improve flexibility. In ~~iew of the relative simplicity involved, their action ~vitluin 45 dati~s seems reasonable. It has also been discussed by various Council and Commission members that a larger scope of changes should be enacted to ease some of the detail work that P ~ Z must deal with from time to time, of which this is an example.:~dditional recommendations which would bring our Ordinance into harmony with current land development practice also seems to be a good idea and is hereby requested although this can be done over a longer time frame. Respectfully requested, uy Sutherland -~~' - Charlie Young ~~' pC~~~~V~~ ~--rf- Chuck Engelken j JUN 2 2 2001 CITY MANAGER'S OFF)CE P.O. Box 1115 La Porte, Texas 77572-1115 (281) 471-5020 ~J • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: July 9, 2001 Requested By: Doug Kneupp Department: Planning Report:- Resolution: X Ordinance:- Exhibits: Resolution Appropriation Source of Funds: N/A Account Number Amount Budgeted: Amount Requested Budgeted Item: YES NO Summary and Recommendation As discussed in the report regarding improvements in the Little Cedar Bayou (F-216) watershed, detention pond improvements are recommended between SH 146 and "B" Street. This Resolution will provide the City with a tool to restrict development of property needed for future drainage improvements. This is similar to action taken in 1988 to help secure property for improvements to F-101 in the Lomax area. Action Required by Council: Consider approval of a Resolution restricting the development of certain parcels of land intended to be acquired by the City (or others) for drainage improvement purposes. Approved for City Council Agenda Robert T. Herrera, City Manager Date ~ahl~e~( 7~q~DI ~ RESOLUTION 2001- A RESOLUTION PROHIBITING THE ISSUANCE OF BUILDING PERMITS WITHIN AN AREA DESIGNATED FOR RIGHT-OF-WAY ACQUISITION FOR HARRIS COUNTY FLOOD CONTROL DISTRICT PROJECT F216-00-00; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF LA PORTE: Section 1. The Hams County Flood Control District, through cooperation with the City of La Porte, has determined the preliminary right-of--way proposed for the F216- 00-00 project. A map or plat showing the location of the preliminary right-of--way is attached to this resolution as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. The Harris County Flood Control District has requested that the City of La Porte issue no building permits for any area within the proposed right-of- way. Section 2. From and after the effective date of this resolution, no City of La Porte building permits shall be issued in the area of the proposed right-of--way for Hams County Flood Control District Project F216-00-00, as shown on the map or plat attached hereto as Exhibit "A". 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 of La Porte, Texas 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 LJ acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Resolution shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 9~' day of July, 2001 By: ATTEST: Martha Gillett, City Secretary i APPR D: ~~ ~ ~~~~~~ ox W. Askins, City Attorney CITY OF LA PORTE Norman L. Malone, Mayor EXHIBIT "A" TO RESOLUTION N.T.S. / (\ t~"„~, ~} 0 Y M ~a ~ " ~ ~, -- ~ :7 9 ~ 1 i ~ ~.. ~ ~~ 1 ~ U ! _..._,1 WEST "p.. STREET' ( s~ 1j ,. r --~ ~ 1 9 1 ~ ~ 1 ~ 7 4 + t -• w ~ 7 6 ~ 5 +iK ~ l~{-- Y.r« ..-o q r I ~{ K ~+ _ ~ ~i' i 17 ~ - _~-~____., WEST "#j"~'R6E'P ~ W j , ~ i i ., 1 y "'85 ~~ 86 8 ~ •! ~! ~ w ~ I ~ --,~ _. ~ 1 P n F-216-00 FLOOD CONTROL $ ~ DEVELOPMENT LEGEND ® =PROPOSED R.O.W. F-216-00-00 VIIEST "G J =CENTER LINE OF F-218-00-00 G x cn -_ ~\ ~ l 2 g 3 ~8 \~ LITTLE CEDAR BAYOU (F-216-00-00) Summarized from: Hydraulic Analysis for Little Cedar Bayou Watershed Prepared By: Binkley & Barfield, Inc., Consulting Engineers Background The Harris County Flood Control District (HCFCD) in conjunction with a consulting engineer, Binkley & Barfield, Inc. has prepared a final report titled Hydraudic Analysis for Little Cedar Bayou Watershed The purpose of this report is to identify flooding and storm water characteristics in this watershed and recommend improvements. Of particular importance is analyzing Little Cedar Bayou at its upstream end near Sens Road and recommending improvements to decrease the water surface elevation in that area. Lowering the water surface elevation would be beneficial for a future curb and gutter road project for Sens Road. Additional benefits of the recommended improvements would be to reduce existing flood plain areas north or upstream of Spencer Highway. The relative amount of land that would be removed from the 100-year flood plain is shown on the attached exhibit. Recommended Improvements Improvements recommended in this report can be divided into two parts, 1) Linear Detention between SH 146 and "B" Street (2 blocks south of Spencer Highway), and 2) Channel Improvements from "B" Street upstream through Barbour's Cut Blvd., through the UPRR crossing, to Sens Road. The detention pond calls for the excavation of approximately 200,000 cubic yards of material and is intended to be linear and follow the existing alignment of Little Cedar Bayou. Staff has coordinated with HCFCD on a linear alignment that takes in full lots and blocks. This will facilitate the property acquisition process. The channel improvements will be widening and deepening of the existing channel to provide greater flow rates downstream to the detention pond. Cost Estimates Cost estimates were prepared for the recommended improvements and include all the normal construction related expenses including pipeline and utility relocation. Right-of- way acquisition was not included as part of these cost estimates. The combination detention and channelization project is estimated to cost $3.2 million. Page 1 of 2 r i Conclusions and Recommendations The recommended improvements analyzed in the Little Cedar Bayou report show that significant flood control benefits will be gained with the implementation of the channel improvements and linear detention pond upstream of SH 146. HCFCD has indicated that funding for the recommended improvements will not begin until their fiscal year 2003-2004. It is recommended that the City begin right-of--way acquisition for the linear detention component between SH 146 and "B" Street. This will, in a sense, get the project started and allow for timely implementation of construction contracts once HCFCD budgets for that activity. Page 2 of 2 ® AREA REMOVED FROM 100 YEAR FLOOD PLAIN ® PROP. UNEAR DETENTION POND NOTE: WATERSHED BOUNDARIES BASED ON F101-00-00 PLANS 100 YEAR FLOOD PLAIN N.T.S. EXHif31T 7 Binkley & Barfield, Inc. Consulting Engineers Memo To: Mayor and City Council From: Doug Kneupper, Planning Director CC: Robert T. Herrera, City Manager Date: July 9, 2001 Re: July 9~` Council Meeting -Workshop on Little Cedar Bayou Please substitute the attached color exhibit titled "100 YEAR FLOOD PLAIN". Black and white copies were inadvertently placed in your agenda packets. ~3 • Page 1 c- ~` , .r ~ ~~ ~ 4~ ._z 1 ! ~ ~ -t r . L. ..1 o ~ . i. .. ,. O .' '".,,~`x `~ ~~ Spa` ~ ~* t ~ J 4 :i ~ ": ~ .1. ..~.-..-.- _,- _....z 1 lit n III ~ '~' ~ •p F101~00-00 ~_, ~o _~~,`. ~.. ~ ! ~ ~ ~ ~~ _ ~~ ~ ~l 1., , ~ ~~ I r ~ /• ~ ~ • I ~ EXISI: J J C '~~ ' PROP. W. URS VD.,~.,~,.. --- '~ 100 YR . CE~1AR, BAYO1~ . ~• ~ ~ f' ~ ~ °_ ~ ~A1. ~ r m ORT N , I l ,` t E s, .~ r~ i.n ._y aF ~ t ~ t SPENCE.& HIG~HWA _ ;;. „ S y ~.. ~ ,r .; ;,.. ~~~ t, ~ t~ ~ i" { ~ :, ~ Y F~ ;~; . ~ ~~ ~ . ' _ FAIRMONT ,- s ~ t _ ~ ~ i i ~ ~ • ., fat L~el-. ~~ S I ~1 I I~i~ `' v u -~ L._ EL411ROA9- _ ! r ® AREA REMOVED FROM 100 YEAR FLOOD PLAIN ® PROP. LINEAR DETENTION POND a a NOTE: a WATERSHED BOUNDARIES BASED ON F101-00-00 PLANS a U a 0 100 YEAR FL00 D P LAI N `O N.T.S. W J $ EXHIBIT 7 a Binklep & Barfield. Inc_ Consulting Engineers Page 1 of 1 Dave Tumquist From: Dave Turnquist <dwturnquist@esc4.com> To: Peter E. Griffiths <peterg@academicplanet.com> Sent: Sunday, July 08, 2001 5:08 PM Subject: Texas Department of Economic Texas Community Profiles - Complete List Abilene Brenham Columbus Everman Harker Lake Worth, Missouri.-City Port_Lavaca Sherman West Addison Briarcliff Comanohe Fairfeld Heights Lakeview Mobeetie Port Neches Shiner Columbia. Alba Bridge City Comfort Falfurras - Harli~en Lamesa Monahans - Portland. Silsbee West Orange _ ....- Albany Br~e_port .Commerce Fa__rmers Branch Harper Lampasas Mpnt Belvieu Pot_e_et Slaton_ Westlake Rledo Brookside. Conroe Farmersvlle Harty Lancaster Morgan's_Point Queen City Sm~thvifle Westworth Alice Vill_a~e Coppell Floresvilte Haskell Lare_d_o Mount Plea-santQuinlan 5m~er Village Allen Brownfield. Copperas FI_ower Mound Hawkins League.-City Mt. Vernon Quitman. Snyder 1Nt~arton Aline Brownsville Cove Floydada. Hawley Leander Muleshoe, Ranger Some_rylle White Oak Alton Brownw_ ood Corpus For_san Hearne Levelland Nacogdoches Ransom Sono_ra_ W__h_itesboro Alvarado _ Bryan Christi Fort Davis Hempstead Lewisville Nassau Bay Canyon. Sour L_a_ke Wichda Falls Alvin Bry..s...on.. Cors.ic..a.na Fort Stockton Her_efor_d_ Lib Na_v_asota Raymondvil.l..e. South_Padre. Wills Point Amarif_lo Buckhotts Cottonwood Fort Worth Hickory Creekl.indale Nederfa__nd Red_Oak Island. Wilmer Ames - Buda -- - Shores - - .Franklin Highland Littlefield New Boston Red River Southlake Winnie Anahuac Bu_ff_alo Cotulla Fredericksburg Village Llano. New Braunfels Commerce Spearman Winnsboro Andrews Burkburnett Cranfills Gap Free~ort Hillsboro Lockhart Newton Park Springtown Winters Angleton Burleson Grocke_tt _Friendswood Hondo Lone Oak Nederwald Refu~io fur Woodbranch Anson Burnet Cuero Frisco Honey Grove Longview Noco_na Rhome Stamford. Woodville A.r..gyle. Bynum Dalhart Gainesville. Horizon City Los_Fresnos Nordhem Richa.rd_son Stanton. Wortham Arlington. Caldwell Da_Ilas Galveston Houston Lubbock North Richland Richwood Stratford Yantis. Asgermont Calvert Danbury Ganado Hughes Lucas Hill-s Rio-Vista Straws Yoakum Athens C_ameron Damon Garland S~rin~cs Lufkin Northla_ke_ Riverside Su~car_Land Atlanta Campbell Decatur Garrison Huntsville. Luling Oak Point Roanoke Sulphur Aubr~ Canadian Deer Park Catesyille Hutchins Lumberton Oak Ridge Robstown ~ri~s Aurora - - Canton De Kalb Geo~r a West - - Hutto Lytle North -- Roby - Sweeny Austin _ Canon _.. _ Denison _ Georgetown _ I~gsde_ Madisonville Odem Rockdale Sweetwater Austwell Carrizo Denton Giddings Irving Mansfie..ld Odessa Rockport- Taylor. Azle ~rin~s Denver City Glasscock - - Itasca Marble Falls Olmos_Park Fulton Temple Balch Springs Carrollton t3e_port Glen Rose Jacksboro Marion Olney Rockwa_II Tenaha Ballinger Carthage Desoto Glenn Heights. Ja_cksonyille Marlin Olton Roscoe Texarkana. Bangs. Castle Hills Devine Godl_eY Jasper Marshall. Or_an~ce Rosenberg Texas City Bartonv_ille Cedar Hill ----- Diboll. Goliad Dayton Mason Overton Round Rock Texline Bastrop Cedar-.Park Dickinson Gonzales Jefferson.. Maud Oyilf_a Rowlett The Colony Bay City Celeste Diller Gorman Jewett McAllen Palacios Roxton The Baytown Center Dimmtt - Graham - Johnson City McGregor Palestine Royse City Woodlands Beaumont Centerville Dripping Cranbury Jonestown McKinney Pam~2a Rusk Thompson. Bedford Charming Springs. Grand Prairie Joshua McLean Panhandle. Sabin_al Tomball. Beeville. - Charlotte Driscoll Grand Saline - Jourdanton - Meadow Pante~7t o Saginaw Toyah Bells. Chester Dublin Grandview Justin Me ar el .~ 9- Paris Salado Tro ~_Club Belton Childress Dumas. Granger Katy Melvin Pasadena San.-Angelo Tyler Benbrook Cibolo_ Duncanville Granite Shoals Keene. Memphis.. Peariand San Antonio Universal City Bertram Cisco Eagle.Lake Grepeyrne Keller Mercedes Pearsall San Benito Uvalde Big Spring Claude Eagle_Pass Greenville Kennedale Meridian Pecos San__Marcos Van Alstlrne Bonham Clear Lake Edcouch -- Groesbeck - Kermit Merke_I Petronila - - Sanderson - Vega Borger Cleburne Eden Groveton ---- Kerrville -- Mesquite - Pflugervlle Santa Fe Venus Bowie Cleveland Edgewood Gruver Kilgore Mexia Pharr - Savoy - Vernon .... Brady Clifton Edinburg Gun Barrel_Cdy Killeen Midland Pilot Point Schertz Victoria Brazo_ria Clute EI-Campo H.allettsville. Kingsville Midlothian. Fttsb_u~ Scottsvil.l..e Waco. Breckenridge Clyde EI Paso. Haatom C. ity Kirbyville. Mineola Plainview Seagoville Watauga Bremond Coleman Elgin Hamilton Krum Mineral Wells Plano Sealy Waxahachie College Emhouse _H_a__min La Grange Mission Pleasanton Sequin Weatherford Station Emote La Marque Port Arthur S_eymo_ur Weimar Colmesnel Enchanted --- Lago Vista Port Isabel Shallowater - -- - Weslaco Colorado City Oaks. Lake Jackson Shamrock West Ennis _. _ Shenandoah _ - ---- _E..u...less 7/9/01 Page 1 of 2 Dave Tumquist From: Dave Turnquist <dwturnquist@esc4.com> To: Peter E. Griffiths Sent: Sunday, July 08, 2001 5:03 PM Subject: Texas Community Database.htm Texas C~ m m c~ ~ ~~ Prof i des a_ ~: a Ca ~ ~ ~ s rr a n .. ~ ~_ ~~ n,~hy ~_ Ca a. ar, c; ~:~} a Mt '. Joining Texas Community Profiles The Mission of The Texas Department of Economic Development is to serve our customers by building strategic partnerships that create economic opportunity and prosperity for all Texans. We are also encouraging all communities to market themselves using this tool and are prepared to assist you in this endeavor. Call Fran at 512-936-0236 The following four step process will allow your community to establish and market their presence on the Internet; in addition, to receiving prospect leads directly from The Texas Department of Economic Development. 1. Complete a community profile and return to the Texas Department of Economic Development. (The quality of the information provided is very important for your community and the selection process) 2. Designate an official Community Economic Development contact for your community, with Internet access and E-mail capabilities, to receive all leads and handle prospects for that community. (The designee can be any entity which will represent the entire community. Prospect leads will be distributed electronically when possible.) 3. Communities with an Internet home page will have their profile linked to their home page through the Texas Economic Development, home_Page (http //wwwadedstate tx.usl~. (To ensure the home page adequately represents your community we ask your submission be sent from the designated Community Economic Development contact) via letter (on letterhead) to: Texas Department of Economic Development ISG P.O. Bog 12728 Austin, TX 78711 Fag 512-936-0440 PLEASE INCLUDE THE INTERNET ADDRESS (URL} OF YOUR SITE The Texas Department of Economic Development, recognizes the importance of the Information Superhighway, and the role of Electronic Commerce. This tool, used properly, has the potential to stimulate economic development in your region, promote the quality of life in your community, and expand the markets of the businesses and those that serve the needs of the business community. We look forward to your participation. 7/9/01 Page 2 of 2 Important Note: . The Texas Community Profile pages are available for update in real time by the Community Contact for their community. As a result current information on each community is provided to business and economic development professionals around the world. For further information or assistance on the Texas Community Profiles, call 512-936-0236, or email s~~,tde_dstate, x._us 7/9/01