HomeMy WebLinkAbout2002-07-22 Regular Meeting and Workshop Meeting
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MINUTES OF THE REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
JULY 22, 2002
1. Call to Order
The meeting was called to order by Mayor Pro Tern Howard Ebow at 6:00 p.m.
Members of City Council Present: Councilmembers Chuck Engelken, Howard Ebow,
Peter Griffiths, Barry Beasley, James Warren, Charlie Young, Bruce Meismer and Mike
Mosteit
Members of Council Absent: Mayor Norman Malone
Members of City Executive Staff and City Employees Present: City Attorney Knox
Askins, City Secretary Martha Gillett, City Manager Robert Herrera, Director of
Emergency Services Joe Sease, Assistant City Manager John Joerns, Director of Finance
Cynthia Alexander, City Manager's Administrative Assistant Crystal Scott, Assistant
Director of Finance Michael Dolby, Director of Public Works Steve Gillett, Director of
Planning Doug Kneupper, Assistant City Secretary Sharon Harris, and Director of Parks
and Recreation Stephen Barr
Others Present: Bill Scott, Spero Pomonis, Penny Garcia, Rudy Garcia, Barbara Norwine,
Dottie Kaminski, Carlos Martinez, Sue Gale Mock Kooken, Nick Barrera, Chuck
Engelken, Sr., the bond attorneys and a number of other citizens.
2. Reverend Michael Bingham of Abundant Life Church of La Porte delivered the invocation.
3. Mayor Pro Tern Howard Ebow led the Pledge of Allegiance.
4. Council considered approving the Minutes of the Special Called Regular Meeting and
Workshop Meeting on July 15,2002.
Motion was made by Councilmember Warren to approve the Minutes of the Special
Called Regular Meeting and Workshop Meeting on July 15,2002. Second by
Councilmember Griffiths. The motion carried.
Ayes: Engelken, Warren, Young, Meismer, Mosteit, Ebow, Beasley and Griffiths
Nays: None
Abstain: None
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
T AXP AYERS WISHING TO ADDRESS CITY COUNCIL
Bill Scott of 1802 Lomax School Road, La Porte, Texas, voiced his opinion on zoning
enforcement. Mr. Scott referred to the February 25,2002 City Council Meeting when
Citizen Delia Claus of 808 South 2nd Street, La Porte, Texas, voiced her concerns
regarding the City abusing and harassing her. Mr. Scott feels the City should have
researched Ms Claus' situation.
Penny Garcia of 3110 Oaken Lane, La Porte, Texas, spoke of the noise ordinance
regarding Fairmont Park Baptist Church. Mrs. Garcia also voiced concerns regarding the
church's bicycle park and skateboard ramps.
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City Council Minutes 7-22-02 - Page 2
6. Council considered approval or other action of an ordinance authorizing the issuance of
$5,400,000 in General Obligation Bonds.
Director of Finance Cynthia Alexander presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 2002-2566 - AN ORDINANCE AUTHORIZING
THE ISSUANCE OF $5,400,000 CITY OF LA PORTE, TEXAS LIMITED TAX
BONDS, SERIES 2002, AND ALL OTHER MATTERS RELATING THERETO.
Motion was made by Councilmember Engelken to approve the ordinance as presented by
Ms Alexander. Second by Councilmember Warren. The motion carried.
Ayes: Engelken, Warren, Young, Meismer, Mosteit, Ebow, Beasley and Griffiths
Nays: None
Abstain: None
7. Council considered approval or other action of an ordinance authorizing the City Manager
to extend an agreement with the La Porte Boy's Baseball Association regarding the use of
designated youth baseball facilities for an additional five years.
Director of Parks and Recreation Stephen Barr presented summary and recommendation
and answered Council's questions.
City Attorney read: ORDINANCE 2002-2567 - AN ORDINANCE AUTHORIZING
THE EXERCISE BY THE CITY OF LA PORTE OF AN OPTION TO EXTEND FOR
AN ADDITIONAL FIVE YEARS, THE AGREEMENT BETWEEN THE CITY OF LA
PORTE AND THE LA PORTE BOY'S BASEBALL ASSOCIATION REGARDING
THE USE OF DESIGNATED YOUTH BASEBALL FACILITIES; 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 Councilmember Meismer to approve this ordinance as presented by
Mr. Barr. Second by Counci1member Warren. The motion carried.
Ayes: Engelken, Warren, Young, Meismer, Mosteit, Ebow, Beasley and Griffiths
Nays: None
Abstain: None
8. Council considered declaring Vulcan Construction Materials the sole source vendor for
PE-2 and PE-4 aggregate for surface treatment and approve an annual contract for the
purchase of these materials for an estimated cost of$64,375.2l.
Director of Public Works Steve Gillett presented summary and recommendation and
answered Council's questions.
Motion was made by Councilmember Beasley to approve this bid award as presented by
Mr. Gillett. Second by Councilmember Meismer. The motion carried.
Ayes: Engelken, Warren, Young, Meismer, Mosteit, Ebow, Beasley and Griffiths
Nays: None
Abstain: None
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City Council Minutes 7-22-02 - Page 3
9a. Addendum item was requested at this point in the meeting, prior to the Workshop.
Council considered retaining an outside auditor to review financial transactions.
City Attorney Knox Askins presented summary and recommendation and answered
Council's questions.
Motion was made by Councilmember Warren to authorize the Audit Committee to
interview outside independent auditors to review financial transactions and make
recommendation to Council. Second by Councilmember Meismer. The motion carried.
Ayes: Engelken, Warren, Young, Meismer, Mosteit, Ebow, Beasley and Griffiths
Nays: None
Abstain: None
9b. Workshop was called to order by Mayor Pro Tern Howard Ebow at 6:32 p.m.
City Secretary Martha Gillett discussed Boards and Commissions appointments.
Following are appointments that were recommended and adopted:
Board of Adjustments (by entire body and not a Council appointment):
. Notice to maintain Alternate 1 - Charles Shoppe and Alternate 2 - George
Maltsberger.
Fire Code Review Committee
. Council will revisit these Boards and Commission appointments upon conclusion
of the final Redistricting Map.
La Porte Development Corporation
. Councilmember Clarke is to be replaced by Councilmember Meismer, as one of
the Council on this Board.
La Porte Water Authority
. Legislature removed the stipulation that one member be a resident outside of La
Porte. Due to a deceased member, Councilmember Young recommended Citizen
Paul Berner.
Planning and Zoning
. District 1 Appointment - received a resignation letter. Councilmember Mosteit
recommended Doretta Finch replace Melton Wolters. Also, City Secretary is to
verify Betty Waters' term.
Reinvestment Zone # 1
. All the representatives' expiration dates will change to August. Originally, some
representatives were scheduled to expire in July; last May some dates were
revised.
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City Council Minutes 7-22-02 - Page 4
Redevelopment Authority
. These go hand-in-hand with Reinvestment Zone #1.
City Secretary will make recommendations and will bring forth the ordinance in August.
10. Closed Workshop and reconvened meeting at 6:55 p.m.
11. Administrative Reports
City Manager Robert Herrera reminded Council of August 12, 2002, the goal date for the
proposed City Budget. We would like to begin the Budget Workshop August 19-23,
2002. Mr. Herrera reported to Council that he, Mr. Joerns, and Mayor Malone met with
the City of Seabrook on the State Highway 146 Corridor Study. He asked them to read the
Study. Council was informed that the City received approximately $37,000 from the
auction; the auctioneer fee was $2,000; $31,000 went to Motor Pool and; $4,000 went to
the general fund.
12. Council Comments
Councilmembers Engelken, Ebow, Griffiths, Beasley, Warren, Young, Mosteit, and
Meismer brought items to Council's attention.
13. 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)
Council retired into Executive Session at 7:05 p.m.
Discussed the City Manager review.
Council reconvened the Council Meeting at 10:30 p.m.
14. Adjournment
There being no further business to come before Council, the Regular Meeting and
Workshop Meeting were duly adjourned at 10:31 p.m.
Respectfully submitted,
cf(1 CLLtl1~ rJl{lci)
Martha Gillett
City Secretary
P~sse and approved~ o this he lth day of August 2002.
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/ ~rman Ma~: M~
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REQUEST FOR CITY COUNCIL AGENDA ITEM
}:IN ANCE
Appropriation
Agenda Date Requested:
Requested By:
Source of Funds:
N/A
Department:
Account Number: N/A
Report:
Resolution:
Ordinance:
xxx
Amount Budgeted: N/ A
Exhibits:
Ordinance
Amount Requested: N/A
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Moroney, Beissner & Co. Inc. will be receiving bids on behalf of the City of La Porte until 6:00 pm on Monday,
July 22, 2002 for $5,400,000 in General Obligation Bonds.
Both issues are Qualified Tax Exempt Obligations. The Bonds will be dated July 15,2002. Interest on the Bonds
will accrue from such date and will be due on March 15, 2003 and each September 15 and March 15 thereafter until
final maturity.
The proceeds from the bonds will be used for the following projects:
$3,500,000 for Wastewater Treatment Plant Improvements, and
$1,900,000 for Fire Station II Relocation and Renovations.
This is the initial issuance of the $16.3 million in projects approved by voters in the February 2, 2002 election.
Action Required bv Council:
Approve ordinances authorizing the issuance of $5,400,000 in General Obligation Bonds.
Approved for City Council A2enda
(UJ- T. ~
Robert T. Herrera, City Manager
r- 11. O"L
Date
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ORDINANCE NO. ~ (f) 2 . ~{p
ORDINANCE AUTHORiZING THE ISSUANCE OF $5,400,000 CITY OF LA PORTE, TEXAS
LIMITED TAX BONDS, SERIES 2002, AND ALL OTHER MATTERS RELATING THERETO
WHEREAS, at an election duly called and held tor and within the City of La Porte, Texas (the "City") on
February 2, 2002, the duly qualified resident electors of the City authorized the City Council of the City (the
"Council") to issue bonds of the maximlUn amount of$16,300,000 (the ''2002 Authorization");
WHEREAS, the Council now deems it to be in the best interest of the City to issue $3,500,000 from
Proposition 2 of the 2002 Authorization for the construction of improvements to the City's wastewater treatment
plant (leaving $-0- in bonds from Proposition 2 to be issued in the future); and to issue $1,900,000 from Proposition
4 of the 2002 Authorization for the relocation of Fire Station No.2 and the renovation of old Fire Station NO.2 for
emergency medical services (leaving $-0- in bonds from Proposition 4 to be issued in the future); and
WHEREAS, the bonds hereinafter authorized are to be issued and delivered pursuant to Chapter 1251,
Texas Government Code, as amended; Chapter 133l, Texas Government Code, as amended; and the Charter of the
City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, THAT:
Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bonds of City of La Porte are hereby
authorized to be issued and delivered in the aggregate principal amount of $5,400,000, for the purpose of
GonstruGting im12rovements to the City's wastewater and treatment 12lant ($3,500,000) and relocating Fire Station
NO.2 and renovating the old Fire Station NO.2 tor emergency medical services ($l ,900,000).
Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, MATURiTIES, AND INTEREST
RATES OF BONDS. Each bond issued pursuant to this Ordinance shall be designated: "CITY OF LA PORTE,
TEXAS LIMITED TAX BOND, SERIES 2002", and initially there shall be issued, sold, and delivered hereunder
fully registered bonds, without interest coupons, dated July 15-, 2002, in the respective denominations and principal
amounts hereinafter stated, payable to the respective initial registered owners thereof (as designated in Section l4
hereot), or to the registered assignee or assignees of said bonds or any portion or portions thereof (in each case, the
"Registered Owner", "Owner", or "owner").
Th(;? t(;?nn "Bonds" as Qsed in this Ordinance shall meW! and include collectively the bonds initially issued
and delivered pursuant to this Ordinance and all substitute bonds exchanged therefor, as well as all other substitute
bonds and re12lacement bonds issued pursuant hereto, and the term "Bond" shall mean any of the Bonds. The Initial
Bond shall be numbered I-I and the definitive Bonds shall be numbered R-l upward and shall be in the
Q.enomination of $5,000 each or any integral multiple thereot: shall mature and be payable serially on March 15 in
each of the years and in the principal amounts, respectively as set forth in the following schedule, and shall bear
interest from the date specified in the FORM OF BOND set forth in this Ordinance to their respective dates of
maturity or redemption prior to maturity at the following rates per annum:
(Remainder of page intentionally left blank)
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PRINCIPAL INTEREST PRINCIPAL INTEREST
YEARS AMOUNTS RATES YEARS AMOUNTS RATES
2006 $270,000 2016 $270,000
2007 270,000 2017 270,000
2008 270,000 2018 270,000
2009 270,000 2019 270,000
2010 270,000 2020 270,000
2011 270,000 2021 270,000
2012 270,000 2022 270,000
2013 270,000 2023 270,000
2014 270,000 2024 270,000
2015 270,000 2025 270,000
Said interest shall be payable in the manner Q.rovided and on the dates stated in the FORM OF BOND set forth in
this Ordinance.
Se(jion 3. CHARACTERiSTICS OF THE BONDS. (a) Re~istration, Transfer, and Exchange;
Authentication. The City shall keep or cause to be kept at the principal corporate trust office of JPMorgan Chase
B(Illk, Dallas, Texas (the "Pa~g AgentlRegistrar") Qooks or records for the re&istration of the transfer and
exchange of the Bonds (the "Registration Books"), and the City hereby appoints the Paying AgentlRegistrar as its
registrar and transter agent to kee12 such books or records and make such registrations of transfers and exchanges
under such reasonable regulations as the City and Paying AgentlRegistrar may prescribe; and the Paying
AgentlRegistrar shall make such registrations, transfers, and exchanges as herein Qrovided. The Mayor and the City
Secretary are authorized to enter into a Paying AgentlRegistrar Agreement substantially in the form of Exhibit "A",
attached hereto. The Paying AgentlRegistrar shall obtain and record in the Registration Books the address of the
registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but
it Sh(!ll be the duty of eacl1 registered own~ to notit)' the Paying. AgentlRegistrar in writing of the address to which
payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. To the
extent 120ssible and under reasonable circlUllstan<;:es, all transfers of Bonds shall Qe made within three business days
after request and presentation thereof. The City shall have the right to inspect the Registration Books during regular
Qusiness hours of the Paying Agent/Registrar, but otherwise the Pa~g Agent/RegJstrar shall keep the Registration
Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The
Paying AgentlRegistrar's standard or customary fees and charges for making such registration, transfer, exchange
and delivery of a substitute Bond or Bonds shall be paid as provided in the FORM OF BOND set forth in this
Otdinan(:e. Registration of assignments, transfers, and exchanges of Bonds shall be made in the manner provided
and with the effect stated in the FORM OF BOND set forth in this Ordinance. Each substitute Bond shall bear a
letter and/or nlUllber to distinguish it from each other Bond.
I
Except as provided in (c) below, an authorized representative of the Paying AgentlRegistrar shall, before
the delivery of any such Bond, date and manually sign the Pa~g Agent/Registrar's Authentication Certificate, and
no such Bond shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying
AgentlRegistrar 12romptly shall cancel all l?aid Bonds and Bonds surrendered for transfer and exchange. No
additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the City or any
other body or person so as to accomplish the foregoing transfer and exchange of any Bond or portion thereof: and
the Paying Agent/ Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the
mann~ prescribed herein, and said Bonds shall be of t~e com12osition printed on 12aper of customary weight and
strength. Pursuant to Chapter 1201, Texas Government Code, as amended, the duty of transfer and exchange of
Bonds as aforesaid is hereby imposed u120n the Pa~g AgentlRegistrar, and, upon the execution of said certificate,
the transferred and exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the
Same effect as the Bonds which initially were issued and delivered pursuant to this Ordinance, approved by the
Attorney General, and registered by the Comptroller of Public Accounts.
(b) Payment of Bonds and Interest. The City hereby further a12points the Pa~g AgentlRegistrar to act as
the paying agent for paying the principal of and interest on the Bonds, all as provided in this Ordinance. The Paying
063939.0001 AUSTIN 280348 v2
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Agent/ Registrar shall keep proper records of all payments made by the City and the Paying Agent/Registrar with
respect to the Bonds.
(c) In General. The Bonds (i) shall be issued in fully registered form, without interest coupons, with the
principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed
prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be exchanged tor other Bonds, (v)
shall have the characteristics, (vi) shall be signed, sealed, executed, and authenticated, (vii) shall have the principal
of and interest on the Bonds be payable, and (viii) shall be administered and the Paying Agent/Registrar and the City
shall have certain duties and responsibilities with respect to the Bonds, all as provided, and in the manner and to the
effect as required or indicated, in the FORM OF BOND set forth in this Ordinance. The Initial Bond shall be
delivered to . , [as representative of a group of purchasers] (the "Initial Purchaser[s]") and
are not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond
issued in exchange for the Initial Bonds or any Bond or Bonds issued under this Ordinance the Paying
Agent/Registrar shall execute the PAYING AGENTIREGISTRAR'S AUTHENTICATION CERTIFICATE, in the
form set forth in the FORM OF BOND.
(d) Substitute Paying Agent/Registrar. The City covenants with the registered owners of the Bonds that at
all times while the Bonds are outstanding the City will provide a competent and legally qualified bank, trust
company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the
Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The City reserves the right to,
and may, at its option, change the Paying Agent/Registrar upon not less than l20 days written notice to the Paying
Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such
notice. In the event that the entity at any time actin~ as Payin~ Agent/Re~istrar (or its successor by merger,
acquisition, or other method) should resign or otherwise cease to act as such, the City covenants that promptly it will
appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying
Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying
Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereot), along with all other
pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by
the City. Upon any change in the Paying Agent/Registrar, the City promptly will cause a written notice thereof to be
sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United States mail, first-class
posta~e prepaid, which notice also shall give the address of the new Paying Agent/ Registrar. By accepting the
position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of
this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
Section 4. FORM OF BONDS. The form of the Bonds, including the Form of Paying Agent/Registrar's
Authentication Certificate, the Form of Assignment, the Form of Statement of Insurance, and the Form of
Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Bonds
initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such
appropriate variations, omissions, or insertions as are permitted or required by this Ordinance.
FORM OF BOND
[Form of Front Panel of Definitive Bond]
NO.R-
United States of America
State of Texas
CITY OF LA PORTE, TEXAS
LIMITED TAX BOND, SERIES 2002
PRINCIPAL
AMOUNT
$
INTEREST RATE
MATURITY DATE
ISSUE DATE
July 15, 2002
CUSIP NO.
REGISTERED OWNER:
PRINCIPAL AMOUNT:
DOLLARS
063939.0001 AUSTIN 280348 v2
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ON THE MATURITY DATE, specified above, THE CITY OF LA PORTE, a home rule city and
mupicipal corporation of the State of Texas (the "City"), hereby promises to pay to the Registered Owner, specified
above, or registered assigns (hereinafter called the "registered owner") the Principal Amount, specified above, and
to pay interest thereon from the Issue Date, specified above, on March 15, 2003, and semiannually on each
September 15 and March 15 thereafter to the Maturity Date, specified above, or the date of redemption prior to
maturity, at the Interest Rate per annum, specified above; except that if this Bond is required to be authenticated and
the date of its authentication is later than the first Record Date (hereinafter defined), such principal amount shall
bear interest from the interest payment date next preceding the date of authentication, unless such date of
authentication is after any Record Date but on or before the next following interest payment date, in which case such
principal amount shall bear interest from such next following interest payment date; provided, however, that if on
the date of authentication hereof the interest on the Bond or Bonds, if any, for which this Bond is being exchanged is
due but has not been paid, then this Bond shall bear interc;st from the date to which such interest has been paid in
full.
THE PRn-lCIPAL OF AND INTEREST ON this Bond are Ilayable 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 (It maturity or upon the date fixed for its redemption prior to
maturity, at the designated payment office of JPMORGAN CHASE BANK, Dallas, Texas, or its successor, which is
the "P(lying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying
AgentlRegistrar to the registered owner hereof on each interest payment date by check, dated as of such interest
payment date, drawn by tl1e Pa~g AgentlRegistrar on, and payable solely from, funds of the City required by the
ordinance authorizing the issuance of this Bond adopted on July 22, 2002 (the "Bond Ordinance") to be on deposit
with the P(lying AgentlRegistrar tor such Qurpose as hereinafter QroviQ.ed; and such check shall be sent by the
Paying AgentlRegistrar by United States mail, first-class postage prepaid, on each such interest payment date, to the
n;gistered owner hereof, at its address as it appeared on the last business day of the month next preceding each such
date (the "Record Date") on the Registration Books kept by the Paying AgentlRegistrar, as hereinafter described. In
(lddition, interest m(lY be paid by such other method, acceptable to the Paying AgentlRegistrar, requested by, and at
the risk and expense of, the registered owner.
THIS BOND is Qne of a series of Bonds dated as of July l5, 2002, authorized in accordance with the
Constitution and laws of the State of Texas in the original principal amount of $5,400,000 for the purpose of
providing filnds for the construction of improvements to the City's wastewater trc;atment plant and the relocation of
Fire Station No.2 and the renovation of old Fire Station No.2 for emergency medical services.
REfERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THE 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, the City has caused this Bond to be signed with the manual or facsimile
signature of the Mayor of the City and countersigned with the manual or facsimile signature of the City Secretary of
the City, and has caused the official seal of the City to be duly impressed, or placed in facsimile, on this Bond.
CITY OF LA PORTE, TEXAS
City Secretary
City of LaPorte, Texas
Mayor
City of La Porte, Texas
[Form of Back Panel of Bond]
THE BONDS are i~sueQ. pursuant to the Bond Ordinance whereunder the City covenants to levy a
continuing direct annual ad valorem tax on taxable property within the City, not to exceed $2.50 per assessed $100
v(lluation, as provided in Article XI, Section 5 of the Texas Constitution, tQr each year while any part of the Bonds
are considered outstanding under the provisions of the Bond Ordinance, in sufficient amount to pay interest on each
Bond (lS it becomes due, to provide a sinking fund for the payment of the principal of the Bonds when due, and to
pay the expenses of assessing and collecting such tax, all as more specifically provided in the Bond Ordinance.
063939.0001 AUSTIN 280348 v2
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Reference is hereby made to the Bond Ordinance for provisions with respect to the custody and application of the
City's funds, remedies in the ~vent of a defuult hereunder or thereunder, and the other rights of the registered owner.
THIS BOND IS TRANSFERABLE OR EXCHANGEABLE only upon presentation and surrender at the
principal corporate office of the Pa~g AgentlRegistrar. If this Bond is being transferred, it shall be duly endorsed
for transfer or accompanied by an assignment duly executed by the registered owner, or his authorized
repr~s~ntative, subject to the tenns and conditions of the Bond Ordinance.
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 designated payment office of the Paying
Agent/Registrar is located are authorized by law or eXeCl.ltive order to close, or the United States Postal Service is
not open for business, 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, or the United States Postal
Service is not open for business; and pa)'l11ent on such date shall have the same force and effect as if made on the
original date payment was due.
ON MARCH 15, 2015, or on any date there<:ifter, the Bonds of this series may be redeemed prior to their
scheduled mahrrities, at the option of the City, with funds derived from ,my available and lawfhl SOlrrce, as a whole,
or in part (prQvided th;;lt a portion of a Bond may be redeemed only in an integral multiple of $5,000) at the
redemption price of the principal aIDOlmt of Bonds called for redemption, plus accmed interest thereon to the date
fixe4 for re4eroption. If less than all of the Bonds are to be redeemed, the City shall determine the maturity or
maturities and the amounts thereof to be redeemed and shall direct the Paying AgentJRegistrar to call by lot Bonds,
or 2ortions thereof, within such maturity or maturities and in such principal amounts, tor redemption.
AT LEAST 30 days prior to the date tor any such redemption, a notice of such redemption shall be sent by
the Paying AgentlRegistrar 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 intonnation
services; provided, however, that the fuilure to send, mail, or receive such notice, or any defect therein or in the
s~nding or ~nailing th~eot: shall not afl:ect the validity or ~fteGtiveness of the proceedings for the redemption of any
Bond. By the date fixed for any such redemption, due provision shall be made by the City with the Paying
AgentJRegistr<rr 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,
an4 if due provision for such payment is made, all as provided abov~, 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
;;lfter the d?te fixed for its redelllption, and Sh;;lll not be regarded as being outstanding except for the right of the
registered owner to receive the redemption price plus accmed interest to the date fixed for redemption from the
P<:iyirlg Agent/Registrar out of the funds provided for such payment. The Pa~g 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, bearin~ 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,
;;lI1d in an ;;lggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner
upon the surrender thereoffor c,mcellation, at the expense of the City, all as provided in the Bond Ordinance.
ALL BONDS OF nns SERll~S are issuable solely as fully registered Bond~, without interest coupons, in
the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond, or any
\llITede~med pQrtion 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
GO\lpons, Pilyable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same
denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate
('egistered OWl1er, ;;lssignee" or assignees, as the Gase may be, upon surren4er of this Bond to the Paying
AgentJRegistrar tlx cancellation, all in accordance with the fonn and procedures set forth in the Bond Ordinance.
Among other requirements for such assigrunent and transfer, this Bond must be pr~sented and surrendered to the
Paying AgentJRegistrar, together with proper instruments of assignment, in tonll and with guarantee of signatures
satistactory to the P;;lying Agent/Registrar, 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
063939.0001 AUSTIN 280348 v2
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or portions hereof is or are to be registered. The Fonn of Assignment printed or endorsed on this Bond may be
~xecuted by the registered owner to evidence the assignment hereof: but such method is not exclusive, and other
instruments of assignment satisfuctory to the Paying AgentJRegistrar may be used to evidence the assignment of this
Bond or any portion or I>ortions hereof from time to time by the registered owner. The person requesting such
transfer and exchange shall pay the Paying AgentJRegistrar's reasonable standard or customary tees and charges tor
transferring and exchanging any Bond or portion thereof. In any circumstance, any taxes or governmental charges
required to be paid with respect thereto shall be paid by the person requesting such assignment:. transfer, or
exchange, as a condition precedent to the exer~ise of such I>rivilege. The foregoing notwithstanding, in the case of
the exchange of a portion of a Bond which has been redeemed prior to maturity, as provided herein, and in the case
of the exchange of an assigned and transferred Bond or Bonds or any portion or portions thereof, such fees and
charges of the Paying Agent/Registrar will be paid by the City. The Paying Agent/Registrar shall not be required to
make any such transfer or exchange (i) Quring the period commencing with the close of business on any Record
Date and ending with the opening of business on the next following principal or interest payment date or (ii) with
respect to any }:3ond or any portion thereof called for redemption prior to maturi~, within 45 days prior to its
redemption date.
IN THE EVENT any pa)ling Agent/Registrar for the BonQs is changed by the City, resigns, or otherwise
ceases to act as such, the City has covenanted in the Bond Ordinance that it promptly will appoint a competent and
l~gally 'lualified substitute th~efor, and cause written notice ther~of to be mailed to the registered owners of the
Bonds.
BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the
terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that
the Bond Ordinance is Quly recorded and available for inspection in the official minutes and records of the
governing body of the City, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute
a contract between e\lch registered owner hereof and the City.
IT IS HEREBY CERTIFIED, RECITED, AND COVENANTED THAT this Bond has been duly and
validly authorized, issveQ, and delivered; all acts, conditions, anQ things reQ..uired 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,
anQ been done in accordance with law; and ad valorem taxes sufficient to I>rovide tor the payment of the interest on
and principal of this Bond, as such interest comes due, and as such principal matures, have been levied and ordered
to be levied against all taxable proI>eIty in the City, and have been I>ledged for such payment, within the limit
prescribed by law.
FORM OF INITIAL BOND
The Initial Bond shall be in the form set forth above for the Definitive Bonds, except the following shall
replace the heading and the first paragraph and the Bond will be a continuous document:
NO. I-I
$5,400,000
United States of America
State of Texas
CITY OF LA PORTE, TEXAS
LIMITED TAX BOND, SERIES 2002
Issue Date:
JULY l5, 2002
Registered Owner:
Principal Amount:
FIVE MILLION FOUR HUNDRED THOUSAND DOLLARS ($5,400,000)
THE CITY OF LA PORTE, TEXAS (the "City"), 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
063939_0001 AUSTIN ~8Q3"'8 \'2
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"Registered Owner"), the Principal Amount, specified above, with principal instalhnents payable on March 15 in
each of the years, and bearing interest at l2er annum rates in aCGordance with the following schedule:
YEARS OF
STATED MATURITIES
PRINCIPAL
INSTALLMENTS
$
INTEREST
RATE
%
(Intonnation to be inserted from schedule in Section 2 hereof.)
INTEREST on the unpaid Principal Amount hereof from the Issue 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-
(lay ye(l1' of twelve 30-day lllonths; such interest being Qayable on March 15 and September 15 of each year,
commencing March 15,2003.
THE PRINCIPAL OF AND INTEREST ON this Bon(l are pa~ble in lawful money of the United States of
America, without exchange or collection charges. The final payment of principal of this Bond shall be paid to the
Registered Owner hereof upon presentation and s\lITender of thi$ Bond at final mat\lfity, at the designated payment
office of JPMORGAN CHASE BANK, Dallas, Texas, which is the "Paying AgentJRegistrar" for this Bond. The
payment of principal instalhnents an(l interest on this Bond shall be made by the Paying AgentJRegistrar to the
Registered Owner hereof as shown by the Registration Books kept by the Paying AgentJRegistrar at the close of
business on the Record Date by check drawn by the Paying Agent/Registrar on, and {'ayable solely from, funds of
the City required to be on deposit with the Paying AgentJRegistrar for such purpose as required by the ordinance
authorizing the issuance of this Bond adopted on July 22, 2002 (the "Bond Ordin~<(e"); and such check shall be
sent by the Paying AgentJRegistrar 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 keQt by the Paying AgentJRegistrar, as
hereinafter described. The record date ("Record Date") for payments hereon means the last business day of the
month pr~eding a scheduled Qayment. In ad(lition, interest may be paid by such other method, acceptable to the
Paying AgentJRegistrar, requested by, and at the risk and expense, of the registered owner. In the event of a non-
pa~nent ofinter~st on a scheduled pa~nent date, and tor 30 days thereafter, a new record date for such payment (a
"Special Record Date") will be established by the Paying AgentJRegistrar, if and when funds for the payment
thereof have been received from the City. NotiGe of the Special Recore!. Date anq 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 s~nt at least five business daJ"s prior to the SpeGial Record Date by United States mail, first class, postage
prepaid, to the address of the Registered Owner appearing on the books of the Paying Agent/Registrar at the close of
business on the hlSt business day next Qreceding the date of mailing of such notice. The City covenants with the
Registered Owner that no later than each princip~l instalhnent payment date and interest payment date for this Bond
it will make av~ilable to the Paying A~ent/Registrar the amounts re'luired to provide for the payment, in
immediately available funds, of all principal of and interest on the Bond, when due, in the manner set forth in the
Ordinance defined below.
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE*
* Not required on Initial Bond
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described
in the text of this Bond; and that this Bond has been issued in exchange tor, a bond, bonds, or a portion ofa bond or
bonds of a Series which originally was approved by the Attorney General of the State of Texas and registered by the
Com{'troller of Public Accounts of the State of Texas.
063939.0001 AUSTIN 28034& v2
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Dated:
JPMORGAN CHASE BANK,
Paying Agent/Registrar
By
Authorized Signature
FORM OF STATEMENT OF INSURANCE
STATEMENT OF INSURANCE
[TO COME]
FORM OF ASSIGNMENT
ASSIGNMENT
FOR VALUE RECEIVED, th~ undersigned registere4 owner of this Bond, or duly authorized
representative or attorney thereof: hereby assigns this Bond to
/
(Assignee's Social Security or Tax Payer
Identification number)
(print or type Assignee's name and address, including zip code)
and
hereby irrevocably constitutes and appoints
attorney to transfer the registration of this Bond on the Paying AgentJRegistrar's Registration Books with full power
of substitution in the premises.
D~ted
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a
member firm of the New York Stock Exchange or a
commercial bank or trust company.
NOTICE: The signature above must correspond with
the name of the Registered 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
Gonstrued as though the)' 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 tenant with right of survivorship and not as tenants in common
UNIt' GIFT MIN ACT - Custodian
(Cust)
(Minor)
under Uniform Gifts to Minor Act
(State)
Additional abbreviations may also be used though not in the list above.
Q63939.QQQl AUSTJN 2.803.48 v2.
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FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS*
*To be printed or attached to Initial Bond only
COMPTROLLER'S REGISTRATIQN CERTIFICATE: REGISTER NO.
I hereby certit)' that this Bond has been examined, certified as to validity, and approved by the Attorney
G~n~al of the State of T exa~, 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'S SEAL
Comptroller of Public Accounts of the State of Texas
[END OF FORMS]
Section 5. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby
crei;lted solely for the benefit of the Bonds, and the Interest and Sinking Fund shall be established and maintained by
the City at an official depository bank of the City. The Interest and Sinking Fund shall be kept separate and apart
from i;l11 other funds and accounts of the City, and shall be used only for p_aying the interest on and principal of the
Bonds. All ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, as collected,
to the cr~dit of the Interest i;lIlq Sinking Fund. During each year while any of the Bonds or interest thereon are
outstanding and unpaid, the Council shall compute and ascertain a rate and amount of ad valorem tax which will be
sufficient to reVse and produce the money required to Qay the interest on the Bonds as such interest comes due, and
to provide and maintain a sinking fund adequate to pay the principal of its Bonds as such principal matures (but
never less than 2% ofth~ original principal amolIDt of said Bonqs as a sinking fund each year); and said tax shall be
based on the latest approved tax rolls of the City, with full allowance being made for tax delinquencies and the cost
of tax collection, Said ri;lte and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied,
against all taxable property in the City for each year while any of the Bonds or interest thereon are outstanding and
QIlpaiq; anq said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid
Interest and Sinking FlIDd. Said ad valorem taxes sufficient to provide for the payment of the interest on and
principal of the Bonds, as such interest comes que and such principal matures, are hereby pledged for such payment,
within the limit prescribed by law.
Section 6, PEFECTED SECURITY INTEREST. Chapter 1208, Texas Government Code, applies to the
issuance of the Bonds and th~ pledge of the taxeG granted by the City under this Ordinarlce and such pledge is,
t1H,:r((fore, valid, effective, and {?erfected. Should Texas law be amended at any time while the Bonds are
outstanding and unpaid, the result of such amendment being that the pledge of the taxes granted by the City under
this Orqinance is to be subject to the filing requirements of ChaQter 9, Texas Business & Commerce Code, in order
to preserve to the Registered Owners of the Bonds a security interest in such pledge, the City agrees to take such
measures as it determines are reasonable i;lIld necessary to enable a filing of a seC\ITity interest in said pledge to
occur .
Section 7. DISPOSITION OF BOND PROCEEDS. The proceeds of the Bonds shall be placed into the
Interest and Sinking Fund and the Construction Fund of the City as follows:
(a) Interest and Sinkin~ Fund. An amount equal to the accrued interest on the Bonds from the date of the
Bonds to the date of delivery to the Initial Purchasers shall be deposited in the Interest and Sinking Fund.
(b) Construction Fund. The proceeds of the Bonds remaining after the above described deposit into the
Interest and Sinking Fund shall be placed in the Construction Fund (hereby created) to be used by the City for the
12~oses described in this Ordinance.
063939.0001 AUSTIN 280348
9
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Section 8. INVESTMENTS AND SECURITY. (a) Investment of Funds. The City may place money in
any fund created by this Ordinance in time or demand deposits or invest such money as authorized by law and the
City's investment policies at the time of such deposit; provided, however, that the City hereby covenants that the
proceeds of the sale of the Bonds will be used as soon as practicable for the purposes for which the Bonds are
issued. Obligations purchased as an investment of money in a fund shall be deemed to be a part of such fund.
(b) Amounts Received from Investments. Except as otherwise provided by law, amounts received
from the investment of the Construction Fund may be retained in such fund or deposited to the Interest and
Sinking Fund as determined by the City Council. Any amounts received from the investment of the Interest
and Sinking Fund shall be deposited in the Interest and Sinking Fund.
(c) Security for Funds. All funds created by this Ordinance shall be secured in the manner and to the
fullest extent required by law for the security offunds of the City.
(d) RemainingFunds. Any money remaining after the purposes for which the Bonds have been
accomplished shall be deposited in the Interest and Sinking Fund and the Construction Fund shall be closed.
Section 9. REMEDIES OF OWNERS. In addition to all rights and remedies of any Owner of the Bonds
provided by the laws of the State of Texas, the City and the Council covenant and agree that in the event the City
det~lUlts in the payment of the principal of or interest on any of the Bonds when due, fails to make the payments
required by this Ordinance to be made into the Interest and Sinking Fund, or defuults in the observance or
pertornlance of any of the covenants, conditions, or obligations set forth in this Ordinance, the owner of any of the
Bonds shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the
Council and other ofii.cers of the City to observe and pertonn any covenant, obli~ation, or condition prescribed in
this Ordinance. No delay or omission by any owner to exercise any right or power accruing to such owner upon
default shall inlpair 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 Ordinance shall be available to any owner of any of the Bonds and shall be
cmnulative of all other existing remedies.
Section 10. DEFEASANCE OF 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 Ordinance, except to the
extent l'rovided in subsection (c) of this Section, when payment of the principal of such Bond, plus interest thereon
to the due date (whether such due date be by reason ofmahrrity, 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 Parin~ Agent/Re~istrar tor such payment (A) lawful money of the United States of America
sufficient to make such payment or (B) Government Obligations (hereinafter defined) which mature as to principal
and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient
money to provide tor such payment, and when proper arrangements have been made by the City with the Paying
A~entJRegistrar 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 Deteased Bond hereunder, as atoresaid, such Bond and the interest
thereon shall no longer be secured by, payable from, or entitled to the benefits 04 the ad valorem taxes herein levied
and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money
or Government Obligations.
(b) Any lllQney ~o depo~ited with th~ Paying AgentJRegistrar lllay at the written direction of the City also
be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income
frQm ~uch Goyequnent Obligations received by the Paying AgentJRegistrar 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
City, or deposited as direcied in writing by the City.
(c) The ternl "Government Obligations" as used in this Section, shall mean direct obligations of the United
States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the
06~9~9.0001 AUSTIN 280348
10
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United States of America, which may be United States Treasury obligations such as its State and Local Govermnent
Series, which may be in book-entry form.
(d) Until all Defeased Bonds shall have become due and payable, the Paying AgentJRegistrar shall perform
the services of Paying AgentlRegistrar for such Defeased Bonds the same as if they had not been defeased, and the
City shall qlak~ {lro12er ammgements to {lrovide and pay for such services as required by this Ordinance.
Section 11. BOOK-ENTRY ONLY SYSTEM. It is intended that the Bonds initially be registered so as to
participate in a securities de12ository system (the "DTC System") with The Deposito~ Trust Company, New York,
New York, or any successor entity thereto ("DTC"), as set forth herein. The definitive 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 City and th~ 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 "L~tter of Repn,:sentation" (the <'Representation Letter").
With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the
Paying Agent/Registrar shall have no resgonsibility or obligation to an)! 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 Qn ]:)ehalf of whom such a Depository Participant holds an interest, in the Bonds (an "Indirect
Participant"). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall
hav~ no responsibility or obligation with respect to (i) th~ accur\lcy 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 Qr any Indirect Participant or any other Person, other than Ii registered owner of a Bond, of any amount
with respect to principal ot: premhun, if any, or interest on the Bonds. While in the DTC System, no person other
than Cede &, Co., or any successor thereto, as nominee for DTC, shall receive a Bond evidencing the obligation of
the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by
DrC to the PayinK AgentlRegistrar of written. notice to the effect that DTC has. d.etennined to substitute a new
nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or
drafts being mailed to the holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC.
In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described
herein and iu. the Repr~sentation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC
or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain
certificated Bond.s, the City 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 b~ restricted to being r~gistereQ in the name of Cede & Co., as nominee ofDTC. At that time, the City may
determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a
securities Qepository system, as may be acceptable to the City, or such depository's agent or designee, and if the
City 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. .
Notwitllstan.ding any other provision of this Ordinance 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 o(premium, if any, 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.
Section 12. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) Replacement
Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying
Agen.tlRegistrar shall cause to be printed, executed, and delivered, <l new bou-d of the same principal amount,
maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond
in the manner hereinafter provided.
(b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen,
or destroyed Bonds shall be made by the registered owner thereof to the Paying AgentlRegistrar. In every case of
063939.0001 AUSTIN 280348
11
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loss, theft, or destruction of a Bond, the registered owner applying tor a replacement bond shall furnish to the City
and to the Paying AgentJRegistrar such securio/ or indemnity as may be required by them to save each of them
hannless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond,
the registered owner shall furnish to the City and to the Paying AgentJRegistrar evidence to their satisfuction of the
loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the
registered owner shall surrender to the Paying AgentJRegistrar for cancellation the Bond so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such
Bond shall have matured. and no default has occurred which is then continuing in the payment of the principal of,
redemption premitun, if any, or interest on the Bond, the City may authorize the payment of the same (without
surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond.
provided security or indemnity is furnished as above provided in this Section.
(d) Charge for Issuin~ Replacement Bonds. Prior to the issuance of any replacement bond, the Paying
AgentJRegistrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in
connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact
that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost,
stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the
benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this
Ordinance.
(e) Authority tor Issuin& ReQlacement Bonds. In accordance with Chapter 1201, Texas Government Code,
as amended, this Section of this Ordinance shall constitute authority for the issuance of any such replacement bond
without necessity of further action by the governing body of the City or any other body or person, and the duty of
the replacement of such bonds is hereby authorized and imposed upon the Paying Agent! Registrar, and the Paying
AgentJRegistrar shall authenticate and deliver ~uch Bonds in the form anc.l U!-anner ~d with the effect, as provided in
Section 4 of this Ordinance for Bonds issued in exchange for other Bonds.
Section l3. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S
OPINION, AND CUSIP NUMBERS. The Mayor of the City is hereby authorized to have control of the Bonds
ip\ti\iUy i~sued ~d deliv~red hereunder and all necessary records and {lroceedings pe\laining 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 We Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds said
Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign
th~ Comptroller'~ Registr\ition Certificat~ \ittached to such Bonds, ~Q. the s~al of said Comptroller shall be
impressed, or placed in facsimile, on such Certificate. The approving legal opinion of Akin, Gump, Strauss, Hauer
tJl feld, L.L,P., Bond Couns~l ~d the assigned CUSIP numbers mCl.y, at th~ option Of the City, be printed on the
Bonds issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the
convenienct( anci ipformation of the registered owners of the Bonds.
Section 14. COVENANTS OF THE CITY. (a) General Covenants. The City covenants and represents
that:
(i) The City is a duly incorporated Home Rule City, having more than 5000 inhabitants, operating and
existing under the Constitution and laws of the State of Texas, and is duly authorized under the laws of the
State of Texas to create and issue the Bonds; all action on its part for the creation and issuance of the Bonds
has been duly and effectively taken; and the Bonds in the hands of the Owners thereof are and will be valid
and enforceable obligations of the Cio/ in accordance with their terms; and
(ii) The Bonds shall be ratably secured in such manner that no one Bond shall have preference over
other Bonds.
(b) Specific Covenants. The City covenants and reeresents that, while the Bonds are outstanding and
unpaid, it will:
Q6393.9 .000 I AUSTIN 2.8034.8
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(i) Levy an ad valorem tax that will be sufficient to provide funds to pay the current interest on the
Bonds and to provide the necessary sinking fi.md, all as described in this Ordinance; and
(ii) Keep proper books of record and account in which full, true, and correct entries will be made of all
<!e~lings, activities, and transactions relating to the Fun<ls created. pursuant to this Ordinance, and all books,
documents, and vouchers relating thereto shall at all reasonable times be made available for inspection upon
request from any Owner.
(c) Covenants Regarding Tax Matters. The City 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 City 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 lO% 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 I'roceeds or the projects financed therewith are so used, that amounts, whether or not
received by the City with respect to such private business use, do not under the tenus 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 l41(b)(2) of the Code;
(iii) To take any action to assure that in the event that the "I'rivate business use" described in paragraph
(ii) hereof exceeds 5% of the proceeds of the Bonds or the prQjects financed therewith, then the amount in
excess of 5% is used for a "private business use" which is "related" and not "disproportionate," within the
meaning of section 14l(b)(3) of the Code, to the governmental use;
(iv) To take \lilY action to assure that no amount which is greater than the lesser of $5,000,000 or 5% of
the proceeds of the Bonds is directly or indirectly used to finance loans to persons, other than state or local
governmental units, in contravention of section l4l(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) Exc;ept to the ext~t permitted by ~ection 148 of th~ Ccx:j.e and the regulations and rulings
therellllder, 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 ac~uire investment property (as defined 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 proceed.s 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 otherwis~ provided in section 148(t) 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 amollllt that is at least equal to 90% of the "Excess
Earnings," within the meaning of section 148(t) of the Code, and to pay to the United States of America, not
later th\lll 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 llllder section 148(t) of the Code;
(ix) To maintain such records as will enable the City to fulfill its respol1sibilities 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 and interest on the Bonds; and
063939.0001 AUSTIN 280348
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(x) To comply with the intormation 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 reuUlded 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 modity or expand provisions of the Code, as applicable to the Bonds, the City 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 City 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 l03 of the Code.
Proper officers of the City 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 City, 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.
(d) Covenants Regarding Sale, Lease. or Disposition of Financed Property. The City covenants that the
City will regulate the use of the property fmanced, directly or indirectly, with the proceeds of the Bonds and will not
sell, lease, or otherwise dispose of such property unless (i) the City 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 City seeks the advice of nationally-recognized bond
counsel with respect to such sale, lease, or other disposition.
Section 15. DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATIONS. The City hereby
designates the Bonds as "ql,lalified tax-exempt obligations" as defined in section 265(b)(3) of the Code. In
furtherance of such designation, the City represents, covenants, and warrants the following: (a) during the calendar
year in which the Bonds are issued, the City (including any subordinate entities) has not designated nor will
designate obligations, which when aggregated with the Bonds, will result in more than $10,000,000 of "qualified
tax-exempt obligations" beingissued; (b) the City reasonably anticipates that the amount of tax-exempt obligations
issued during 2000 by the City (including any subordinate entities) will not exceed $10,000,000; and (c) the City
will take such action which would assure, or to refrain from such action which would adversely affect, the treatment
of the Bonds as "qualified tax-exempt obligations."
Section 16. SALE OF BONDS. The sale of the Bonds to the Initial Purchaser[s] pursuant to the taking of
competitive bids at a price of [--.J, plus accrued interest to the date of delivery is hereby confirmed. It is hereby
officially found, determined, and declared that the Initial Purchaser[sl submitted the bid which results in the lowest
true interest cost to the City and delivery of the Bonds to the Initial Purchaser[s] shall be made as soon as practicable
after the adoption of this Ordinance, upon payment therefor, in accordance with the terms of sale. The Initial Bond
shall be registered in the name of the Initial Purchaser[s]. The officers of the City are hereby authorized and directed
to execute and deliver such certificates, instructions, or other instruments as are required or necessary to accomplish
the purposes of this Ordinance.
Section 17. APPROVAL OF OFFICIAL STATEMENT. The City hereby approves the tonn and content
of the Official Statement relating to the Bonds, and any addenda, supplement, or amendment thereto and approves
the distribution of such Official Statement in the reoffering of the Bonds by the Initial Purchasers in final tonn, with
such changes therein or additions thereto as the officer executing the same may deem advisable, such detennination
to be conclusively evidenced by his execution thereof It is further officially tound determined and declared that the
063939.0001 AUSTIN 280348
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statements and representations contained in said Otlicial Statement are true and correct in all material respects to the
best knowledge and belief of the Council.
Section 18. CONTINUING DISCLOSURE UNDERTAKING. (a) Annual Reports. The City shall
provide annually to each nationally-recognized municipal securities infonnation repository ("NRMSIR") and to any
state intonnation depository ("SID"), within six months after the end of each fiscal ~ear ending in or after 2002,
financial intonnation and operating data with respect to the City of the general type included in the final Otlicial
Statement authorized by Section 15 of this Ordinance, being the information described in Exhibit B hereto. Any
[mancial statements so to be provided shall be (1) prcpared in accordance with the accounting principles described
in Exhibit B hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed
within the period during which they must be provided. If the audit of such financial statements is not complete
within such period, the City shall provide audited [mancial statements for the aI?plicable fiscal year to each
NRMSIR and any SID when and if the audit report on such statements bccomes available.
If the City changes its fiscal year, it will notity each NRMSIR and any SID of the change (and of the date
of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial
information and operatin~ data pursuant to this Section.
The financial information and operating data to be provided pursuant to this Section may be set forth in full
in one or more documents or may be included by specific reference to any document (including an otlicial statement
or other offering document) if it is available from the Municipal Securities Rulemaking Board (the "MSRB") that
thereto tore has been provided to each NRMSIR and any SID or filed with the Securities and Exchange Commission
("SEC").
(b) Material Event Notices. The City shall notity any SID and either each NRMSIR or the Municipal
Securities Rulemaking Board ("MSRB"), in a timely manner, of any of the tollowing events with respect to the
Bonds, if such event is material within the meaning of the tederal securities laws: (i) }?rincipal and interest payment
delinquencies; (ii) non-payment related defaults; (iii) unscheduled draws on debt service reserves reflecting financial
ditliculties; (iv) unscheduled draws on credit enhancements reflecting financial ditliculties; (v) substitution of credit
or liquidity providers, or their tailure to pertonn; (vi) adverse tax opinions or events atlecting the tax-exempt status
of the Bonds; (vii) modifications to rights of holders of the Bonds; (viii) calls; (ix) defeasances; (x) release,
substitution, or sale of property securing repayment of the Bonds; and (xi) rating changes.
The City shall notity any SID and either each NRMSIR or the MSRB, in a timely manner, of any tailure by
the City to provide financial information or operating data in accordance with this Section by the time required by
this Section.
(c) Limitations. Disclaimers, and Amendments. The City shall be obligated to observe and perform the
covenants specified in this Section for so 10ng as, but only for so long as, the City remains an "obligated person"
with respect to the Bonds within the meaning of SEC Rule 15c2-12 (the "Rule"), except that the City in any event
will give notice of any deposit made in accordance with Section 17 above that causes the Bonds no longer to be
outstanding and any call of Bonds made in connection therewith.
The provisions of this Section are for the sole benefit of the Owners and beneficial owners of the Bonds,
and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or
claim hereunder to any other person. The City undertakes to provide only the financial information, operating data,
[mancial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not
hereby undertake to provide any other information that may be relevant or material to a complete presentation of the
City's financial results, condition, or prospects or hereby undertake to update any intonnation provided in
accordance with this Section or otherwise, except as expressly provided herein. The City does not make any
representation or warranty concerning such infonnation or its usefi.llness to a decision to invest in or sell Bonds at
any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE OWNER OR BENEFICIAL
OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES
RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR
063939.0001 AUSTIN 280348
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WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY
RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT.. FOR OR ON ACCOUNT OF
ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
No default by the City in observing or performing its obligations under this Section shall comprise a breach
of or default under this Ordinance for purposes of any other provisions of this Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City
under federal and state securities laws.
The provisions of this Section may be amended, supplemented, or repealed by the City from time to time
under the following circumstances, but not otherwise: (1) to adapt to changed circumstances that arise from a change
in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, if
the provisions of this Section, as so supplemented or amended, would have permitted an underwriter to purchase or
sell Bonds in the present offering in compliance with the Rule and either the Owners of a majority in aggregate
principal amount of the outstanding Bonds consent to such amendment, supplement, or repeal, or any State agency
or official determines that such amendment, supplement, or repeal will not materially impair the interests of the
beneficial owners of the Bonds, (2) upon repeal of the applicable provisions of the Rule, or any judgment by a court
of final jurisdiction that such provisions are invalid, or (3) in any other circumstance or manner pennitted by the
Rule.
Section 19. FURTHER PROCEDURES. The Mayor, the City Secretary, the City Manager, the Finance
Director, the City's Financial Advisor, and all other officers, employees, attorneys, and agents of the City, and each
of them, shall be and they 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 City, all such instruments, whether or not herein mentioned, as may be necessary or
desirable in order to carry out the terms and provisions of this Ordinance, the Bonds, and the Official Statement.
Prior to the initial delivery of the Bonds, the Mayor and Bond Counsel to the City are hereby authorized and directed
to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized by this
Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the
transactions contemplated and approved by this Ordinance, (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.
Section 20. ORDINANCE A CONTRACT: AMENDMENTS. This Ordinance shall constitute a contract
with the Owners, from time to time, of the Bonds, binding on the City and its successors and assigns, and shall not
be amended or repealed by the City as long as any Bond remains outstanding except as permitted in this Section.
The City may, without the consent of or notice to any owners, amend, change, or modifY this Ordinance as may be
required (i) by the provisions hereof: (ii) in connection with the issuance of any additional bonds, (iii) for the
purpose of curing any ambiguity, inconsistency, or formal defect or omission herein, or (iv) in connection with any
other change which is not to the prejudice of the Owners. The City may, with the written consent of the Owners ofa
majority in aggregate principal amount of Bonds then outstanding affected thereby, and the insurer of any Bonds
amend, change, modifY, or rescind any provisions of this Ordinance; provided that without the consent of all of the
Owners affected, no such amendment, change, modification, or rescission shall (i) extend the time or times of
payment of the principal of and interest on the Bonds, reduce the principal amount thereof to the rate of interest
thereon, or in any other way modifY the terms of payment of the principal of or interest on additional bonds on a
parity with the lien of the Bonds, (ii) give any preference of any Bond over any other Bond, (iii) extend any waiver
of default to subsequent defaults, or (iv) reduce the aggregate principal amount of Bonds required for consent to any
such amendment, change, modification, or rescission. Whenever the City shall desire to make any amendment or
addition to or rescission of this Ordinance requiring consent of the Owners, the City shall cause notice of the
amendment, addition, or rescission to be given as described above for a notice of redemption. Whenever at any time
within one year after the date of the giving of such notice, the City shall receive an instrument or instruments in
writing executed by the Owners ofa majority in aggregate principal amount of the Bonds then outstanding aftected
by any such amendment, addition, or rescission requiring the consent of Owners of Bonds, which instrmnent or
instruments shall refer to the proposed amendment, addition, or rescission described in such notice and shall
specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in
063939.0001 AUSTIN 280348
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such notice, thereupon, but not otherwise, the City may adopt such amendment, addition, or reSCISSIOn in
substantially such form, except as herein provided. No Owner may thereafter ob~ect to the adoption of such
amendment, addition, or rescission, or to any of the provisions thereof: and such amendment, addition, or rescission
shall be fully effective tor all purposes.
Section 21. MISCELLANEOUS. (a) Titles Not Restrictive. The titles assigned to the various sections of
this Ordinance are tor convenience only and shall not be considered restrictive of the subject matter of any section or
of any part of this Ordinance.
(b) Inconsistent Provisions. All ordinances, orders, and resolutions, or parts thereof: which are in contlict
or inconsistent with any provision of this Ordinance are hereby repealed and declared to be inapplicable, and the
provisions of this Ordinance shall be and remain controlling as to the matters prescribed herein.
(c) Severability. If any word, phrase, clause, paragraph, sentence, part, portion, or provision of this
Ordinance or the application thereof to any person or circmnstances shall be held to be invalid, the remainder of this
Ordinance shall nevertheless be valid and the Council hereby declares that this Ordinance would have been enacted
without such invalid word, phrase, clause, paragraph, sentence, part, portion, or provisions.
(d) Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the
State of Texas.
(e) Effective Date. This Ordinance shall take effect and be in full force and effect from and after the date
of its passage, and it is so ordained.
PASSED AND APPROVED this July 22, 2002.
/s! Norman L. Malone
Mayor, City of La Porte, Texas
ATTEST:
/s! Martha Gillett
City Secretary, City of La Porte, Texas
063939.0001 AUSTIN 280348
17
063939.0001 AUSTIN 280348 v2
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EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
(A copy of this docmnent is found elsewhere in this transcript.)
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EXHiBIT B
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following infonnation is referred to in Section 18 of this Ordinance.
Annual Financial Statements and Operating Data
The financial intonnation and operating data with respect to the City to be provided annually in accordance
with such Section are as specified and included in the Appendix or under the headings of the Official Statement
referred to below:
1. The audited financial statements of the City for the most recently concluded fiscal year.
2. The information included in the Official Statement under the headings "FINANCIAL
INFORMATION", "TAX COLLECTION DATA", "TAX RATE DISTRIBUTION", "CITY SALES TAX",
"GENERAL OBLIGATION BONDS AUTHORIZED BUT UNISSUED", "ESTIMATED DIRECT AND
OVERLAPPING DEBT STATEMENT", "PRINCIPAL REPAYMENT SCHEDULE", and "ESTIMATED DEBT
SERVICE REQUIREMENT SCHEDULE."
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described in the notes to
the financial statements referred to in paragraph 1 above, as such principles may be changed from time to time to
comply with state law or regulation.
063939.0001 AUSTIN 280348 v2
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MORONEY. BEISSNER
Municipal Financial Advisors Since 1919
July 24, 2002
RECEIVEO CS
JUL 29 2002 ,{D'
CITY MANAGX~'S)
OFFICECV
Mr. Robert Herrera
City Manager
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
Re: City of La Porte, Texas
$5.400,000 Limited Tax Bonds, Series 2002
Dear Bob:
Enclosed are the bids received at the City's sale held Monday, July 22nd, including the
winning bid of William R. Hough & Co. and Associates. Please have Martha Gillett incorporate
these into the permanent records of the City. Also included is a tabulation of all the bids.
A debt service schedule and combined debt service schedule are enclosed and copies
have been sent to JPMorgan Chase Bank, Dallas, Texas, the Paying Agent/Registrar. It was
certainly our pleasure to haye had a hand in this financing for the City, and we look forward to
our continued representation of the City of La Porte.
Yours very truly,
Il1h2X~~
Moss K. Fetzer
President
MKF:smt
Encl
cc: Ms. Cynthia Alexander, Finance Director
1980 Post Oak Boulevard · Suite 2100 · Houston, Texas 77056
Office: (713) 960-8900 · Facsimile: (713) 960-8904
www.moroneybeissner.com
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We have read in detail the Official Notice of Sale and the Official Statement relating to the Bonds, as we have made such investigations as
we deem necessary relating to the City and the investment quality of the Bonds.
Respectfully submitted,
Syndicate: !I/~ 0
First Southwest Comvany
~ter B. Stare Sr. P
By: ~~
Phone: 214-953-4040
ACCEPTANCE CLAUSE
The foregoing bid is hereby in all things accepted by the City of La Porte, Texas, this the _ day of July, 2002.
ATTEST~
City Secretary
Mayor
ACCUMULATED BOND YEARS
$5,400,000
City of La Porte, Texas
Limited Tax Bonds, Series 2002
Dated: July 15,2002
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
Maturity: March 15
Amount Accumulated
of Bonds Bond Years Bond Years
$270,000 3.6666 990.0000
270,000 4.6666 2,250.0000
270,000 5.6666 3,780.0000
270,000 6.6666 5,580.0000
270,000 7.6666 7,650.0000
270,000 8.6666 9,990.0000
270,000 9.6666 12,600.0000
270,000 10.6666 15,480.0000
270,000 11.6666 18,630.0000
270,000 12.6666 22,050.0000
270,000 13.6666 25,740.0000
270,000 14.6666 29,700.0000
270,000 15.6666 33,930.0000
270,000 16.6666 38,430.0000
270,000 17.6666 43,200.0000
270,000 18.6666 48,240.0000
270,000 19.6666 53,550.0000
270,000 20.6666 59,130.0000
270,000 21.6666 64,980.0000
270,000 22.6666 71,100.0000
Year of
Maturity
Average Maturity........... 13. 167Years
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OFFICIAL BID FORM
. Mayor and City Council
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77572
(& lG AI I qt ~(){)
Mayor and City Council Members:
This bid is submitted under the bidding conditions of your Official Notice of Sale dated July 8, 2002, of $5,400,000 City of La Porte,
Texas, Limited Tax Bonds, Series 2002, the terms and conditions of which Official Notice of Sale are made a part hereof.
For said ~ issued Bonds, as described in said Official Notice of Sale, we will pay yoil par and accrued interest, plus a cash premium
of $ for Bonds maturing and bearing interest as follows:
Interest Interest
Maturity Rate Maturity Rate
2006 ~~{ % 2016 ~~ %
2007 % 2017 ~t.j5' %
2008 ~ /JL:} % 2018 ~~~ %
2009 % 2019 %
2010 % 2020 ~'.~ %
2011 % 2021 %
2012 % 2022 j/ t40 %
2013 ~~ % 2023 4.t)'r' %
2014 % 2024 >.-r): C() %
2015 % 2025 5th %
GROSS INTEREST COST $4?~-i~ g,,-er:~
LESS PREMIUM $ .@-
NET INTEREST COST $ ~2.~Z 8&"'!J, op
EFFECTIVE INTEREST RATE #..4 '/.... } 1 %
Ll. S9.:l<JBC{
The Initial Bond shall be registered in the name of Fi rs t Southwest Company
(syndicate manager). We will advise JPMorgan Chase Bank, Dallas, Texas, the Registrar, oui' registration instructions at least five business
days prior to the date set for Initial Delivery. We will not ask the Registrar to accept any registration instructions after the five day period.
The undersigned agrees to complete, execute, and deliver to the City, on the next business day after award of the Bonds, the Issue Price
Certificate, in the form enclosed as Exhibit A to the Official Notice of Sale.
Attached hereto or submitted separately is a Bank Certified or Bank Cashier's Check of Fras t Na ti ana 1 Bank. Aus tin ,
in the amount of $108,000 which represents our Good Faith Deposit and which is submitted in accordance with the terms as set forth in the
Official Notice of Sale.
We have read in detail the Official Notice of Sale and the Official Statement relating to the Bonds, as we have made such investigations as
we deem necessary relating to the City and the investment quality of the Bonds.
R,"p<ctfully ~ A
Syndicate: ,4/0 YJ L (7Z~ ~
a i s. .Fast, Vice PresIdent
By FTN Financial Capital Markets
Phone: (800) 307-5405
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ACCEPTANCE CLAUSE
e
The foregoing bid is hereby in all things accepted by the City of La Porte, Texas, this the _ day of July, 2002.
A TTEST~
City Secretary
Mayor
ACCUMULATED BOND YEARS
$5,400,000
City of La Porte, Texas
Limited Tax Bonds, Series 2002
Dated: July 15,2002
Year of
Maturity
Amount
of Bonds
Bond Years
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
$270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
3.6666
4.6666
5.6666
6.6666
7.6666
8.6666
9.6666
10.6666
11.6666
12.6666
13.6666
14.6666
15.6666
16.6666
17.6666
18.6666
19.6666
20.6666
21.6666
22.6666
Average Maturity........... 13. I 67Years
Maturity: March 15
Accumulated
Bond Years
990.0000
2,250.0000
3,780.0000
5,580.0000
7,650.0000
9,990.0000
12,600.0000
15,480.0000
18,630.0000
22,050.0000
25,740.0000
29,700.0000
33,930.0000
38,430.0000
43,200.0000
48,240.0000
53,550.0000
59,130.0000
64,980.0000
71,100.0000
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OFFICIAL BID FORM
~~ $'-1~
Mayor and City Council
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77572
Mayor and City Council Members:
j
rUle 1~t70J
This bid is submitted under the bidding conditions of your Official Notice of Sale dated July 8, 2002, of $5,400,000 City of La Porte,
Texas, Limited Tax Bonds, Series 2002, the terms and conditions of which Official Notice of Sale are made a part hereof.
For said legally issued Bonds, as described in said Official Notice of Sale, we will pay you par and accrued interest, plus a cash premium
of $ -0 -- for Bonds maturing and bearing interest as follows:
Maturity
Interest
Rate
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
:S .00
%
%
%
%
%
%
%
%
%
%
GROSS INTEREST COST
LESS PREMIUM
NET INTEREST COST
EFFECTNE INTEREST RATE
Maturity
Interest
Rate
%
%
%
%
%
%
%
%
%
%
$
$
$
4.30
=V.;~S
~~~
4~~
~
3 :L:0. fIL[). C iJ
~~'
~;~ ~
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
The Initial Bond shall be registered in the name of
(syndicate manager). We will advise JPMorgan Chase Bank, Dallas, Texas, the egistrar, our reg IOn
days prior to the date set for Initial Delivery. We will not ask the Registrar to accept any registration ins
The undersigned agrees to complete, execute, and deliver to the City, on the next business day after award of the Bonds, the Issue Price
Certificate, in the form enclosed as Exhibit A to the Official Notice of Sale.
Attached hereto or submitted separately is a Bank Certified or Bank Cashier's Check of
in the amount of $1 08,000 which represents our Good Faith Deposit and which is submitted in accordance with the terms as set forth in the
Official Notice of Sale.
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.. ..-.
We have read in detail the Official Notice of Sale and the Official Statement relating to the Bonds, as we have made such investigations as
we deem necessary relating to the City and the investment quality of the Bonds.
Syndicate: SA1V1. c...o
Firo;+ 0"",,,,,....
5+-~h- \ 10<', t, 1"-1
Respectfully submitted,
Me> ~':Y'''''''''' ~"'6o...v'- <f- c" , T-..-..e-
By: { 7-lAt.x..- 1.-t )J1.~ A v' P
Phone: f!;OD - 3 {; 7 - ~ S ~ I
ACCEPTANCE CLAUSE
The foregoing bid is hereby in all things accepted by the City afLa Porte. Texas, this the _ day of July, 2002.
A TTEST~
Mayor
City Secretary
Dated: July 15,2002
Year of
Maturity
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
ACCUMULATED BOND YEARS
$5,400,000
City of La Porte, Texas
Limited Tax Bonds, Series 2002
Amount
of Bonds
Bond Years
$270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
3.6666
4.6666
5.6666
6.6666
7.6666
8.6666
9.6666
10.6666
11.6666
12.6666
13.6666
14.6666
15.6666
16.6666
17.6666
18.6666
19.6666
20.6666
21.6666
22.6666
Average Maturity........... 1 3.1 67Years
Maturity: March 15
Accumulated
Bond Years
990.0000
2,250.0000
3,780.0000
5,580.0000
7,650.0000
9,990.0000
12,600.0000
15,480.0000
18,630.0000
22,050.0000
25,740.0000
29,700.0000
33,930.0000
38,430.0000
43,200.0000
48,240.0000
53.550.0000
59,130.0000
64,980.0000
71,100.0000
e_--
e
OFFICIAL BID FORM
Mayor and City Council
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77572
;:Z/~
fi7/ qCO
Mayor and City Council Members:
This bid is submitted under the bidding conditions of your Official Notice of Sale dated July 8, 2002, of $5,400,000 City of La Porte,
Texas, Limited Tax Bonds, Series 2002, the terms and conditions of which Official Notice of Sale are made a part hereof.
For said ~y issued Bonds, as described in said Official Notice of Sale, we will pay you par and accrued interest, plus a cash premium
ofS for Bonds maturing and bearing interest as follows:
Interest Interest
Maturity Rate MB.n!ri!y Rate
2006 % 2016 ~;:s %
2007 % 2017 ~ C:/~ %
2008 % 2018 ~f~ %
2009 % 2019 %
2010 % 2020 ~;~ %
2011 t:./~S- % 2021 %
2012 LI ??1"" % 2022 polJ %
2013 :j'~ % 2023 %
2014 % 2024 %
2015 1L5 % 2025 <t:J: tOr) %
GROSS INTEREST COST $ '1 Z4~ ?tl?SV
LESS PREMIUM ~ 4:t;;~ 7~7.:57)
NET INTEREST COST
EFFECTIVE INTEREST RATE ~/)z.. %
Lf, St, ~ 1 s "$
The Initial Bond shall be registered in the name of Me ,- 5io'^- \"'- Ke...e...: c... '" 4- Co . r",,- c-
(syndicate manager). We will advise JPMorgan Chase Bank, las, Texas, the R'egistrar. our registrhtion instructions at least five business
days prior to the date set for Initial Delivery. We will not ask the Registrar to accept any registration instructions after the five day period.
The undersigned agrees to complete, execute, and deliver to the City, on the next business day after award of the Bonds, the Issue Price
Certificate, in the form enclosed as Exhibit A to the Official Notice of Sale.
Attached hereto or submitted separately is a Bank Certified or Bank Cashier's Check of ~o s -\- 8"" '" l<- ,
in the amount of $1 08,000 which represents our Good Faith Deposit and which is submitted in accordance with the terms as sct forth in the
Official Notice of Sale.
e
e
We have read in detail the Official Notice of Sale and the Official Statement relating to the Bonds, as we have made such investigations as
we deem necessary relating to the City and the investment quality of the Bonds.
Respectfully submitted,
PrJJdentiaf.Secllfitles InCOrDOra~
BY'~'>>Y{I.)~
Pho :
Syndicate:
ACCEPTANCE CLAUSE
The foregoing bid is hereby in all things accepted by the City of La Porte, Texas, this the _ day of July, 2002.
A TTEST~
City Secretary
Mayor
ACCUMULATED BOND YEARS
$5,400,000
City of La Porte, Texas
Limited Tax Bonds, Series 2002
Dated: July 15,2002
Year of
Maturity
Amount
of Bonds
Bond Years
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
$270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
3.6666
4.6666
5.6666
6.6666
7.6666
8.6666
9.6666
10.6666
11.6666
12.6666
13.6666
14.6666
15.6666
16.6666
17.6666
18.6666
19.6666
20.6666
21.6666
22.6666
Average Maturity........... 13. 167Years
Maturity: March 15
Accumulated
Bond Years
990.0000
2,250.0000
3,780.0000
5,580.0000
7,650.0000
9,990.0000
12,600.0000
15,480.0000
18,630.0000
22,050.0000
25,740.0000
29,700.0000
33,930.0000
38,430.0000
43,200.0000
48,240.0000
53,550.0000
59,130.0000
64,980.0000
71,100.0000
e
e
OFFICIAL BID FORM
"'L~
~~~ ~
Mayor and City Council
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77572
Mayor and City Council Members:
il
FG---\ L l~, 1 crt)
This bid is submitted under the bidding conditions of your Official Notice of Sale dated July 8, 2002, of $5,400,000 City of La Porte,
Texas, Limited Tax Bonds, Series 2002, the terms and conditions of which Official Notice of Sale are made a part hereof.
For said legally issued Bonds, as described in said Official Notice of Sale, we will pay you par and accrued interest, plus a cash premium
of $ -- 0 - for Bonds maturing and bearing interest as follows:
Interest
Maturity Rate
% 2016 %
% 2017 %
% 2018 %
% 2019 %
% 2020 %
% 2021 %
% 2022 %
% 2023 ~.~~ %
% 2024 %
% 2025 5.(JO %
$ 3 :;)L.t.:J. 4~O. (In
$ '~
$ 3,~~~
~.50D3,.
Maturity
Interest
Rate
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
GROSS INTEREST COST
LESS PREMIUM
NET INTEREST COST
EFFECTIVE INTEREST RATE
Tho Ini"'l Bond ,holl ho """to"d in tho naroo of ~
(syndicate manager). We will advise JPMorgan Chase Ba ,Da as, exas, the R gistrar, our registration instructions at least five usiness
days prior to the date set for Initial Delivery. We will not ask the Registrar to accept any registration instructions after the five day period.
The undersigned agrees to complete, execute, and deliver to the City, on the next business day after award of the Bonds, the Issue Price
Certificate, in the form enclosed as Exhibit A to the Official Notice of Sale.
Attached hereto or submitted separately is a Bank Certified or Bank Cashier's Check of r:rosf- ,
in the amount of $108,000 which represents our Good Faith Deposit and which is submitted in accordance with the terms as set forth in the
Official Notice of Sale.
e
e
We have read in detail the Official Notice of Sale and the Official Statement relating to the Bonds, as we have made such investigations as
we deem necessary relating to the City and the investment quality of the Bonds.
Bt W;L~Jii
Phone: ~ -.J~
Respectfully submitted,
~.
ACCEPTANCE
The foregoing bid is hereby in all things accepted by the City .0
if \
fim
A ~~-~:r!J(jJjj~
City Secleta
ACCUMULATED BOND YEARS
$5,400,000
City of La Porte, Texas
Limited Tax Bonds, Series 2002
Dated: July 15,2002
Year of Amount
Maturitv of Bonds Bond Years
2006 $270,000 3.6666
2007 270,000 4.6666
2008 270,000 5.6666
2009 270,000 6.6666
2010 270,000 7.6666
2011 270,000 8.6666
2012 270,000 9.6666
2013 270,000 10.6666
2014 270,000 11.6666
2015 270,000 12.6666
2016 270,000 13.6666
2017 270,000 14.6666
2018 270,000 15.6666
2019 270,000 16.6666
2020 270,000 17.6666
2021 270,000 18.6666
2022 270,000 19.6666
2023 270,000 20.6666
2024 270,000 21.6666
2025 270,000 22.6666
Average Maturity........... 13. 167Years
~
Maturity: March 15
Accumulated
Bond Years
990.0000
2,250.0000
3,780.0000
5,580.0000
7,650.0000
9,990.0000
12,600.0000
15,480.0000
18,630.0000
22,050.0000
25,740.0000
29,700.0000
33,930.0000
38,430.0000
43,200.0000
48,240.0000
53,550.0000
59,130.0000
64,980.0000
71,100.0000
e
e
OFFICIAL BID FORM
5~l{:;>~
Mayor and City Council
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77572
. .
~G-\ C-~ jq5GQ
Mayor and City Council Meplbers:
This bid is submitted under the bidding conditions of your Official Notice of Sale dated July 8, 2002, of $5,400,000 City of La Porte,
Texas, Limited Tax Bonds, Series 2002, the terms and conditions of which Official Notice of Sale are made a part hereof.
13 lly i sued Bonds, as described in said Official Notice of Sale, we will pay you par and accrued interest, plus a cash premium
() for Bonds maturing and bearing interest as follows:
Interest Interest
Maturity Rate Maturity Rate
2006 if . "J. t;:; % 2016 %
2007 % 2017 %
2008 % 2018 %
2009 % 2019 %
2010 % 2020 %
2011 % 2021 %
2012 % 2022 %
2013 % 2023 %
2014 % 2024 S.rr; %
2015 % 2025 _<; 0 () %
GROSS INTEREST COST $ ~i~~~~V' O()
LESS PREMIUM $
NET INTEREST COST $
EFFECTIVE INTEREST RATE
The Initial Bond shall be registered in the name of
(syndicate manager). We will advise JPMorgan Chase a , a as, Texas, the Registrar, our regIstration nst cons at least five business
days prior to the date set for Initial Delivery. We will not ask the Registrar to accept any registration inst ctions after the five day period.
The undersigned agrees to complete, execute, and deliver to the City, on the next business day after award of the Bonds, the Issue Price
Certificate, in the form enclosed as Exhibit A to the Official Notice of Sale.
Attached hereto or submitted separately is a Bank Certified or Bank Cashier's Check of Fyo J- '
in the amount of $108,000 which represents our Good Faith Deposit and which is submitted in accordance with the terms as set forth in the
Official Notice of Sale.
e e
Effective
Bidder Maturities Rate Interest Cost Interest Rate
2023 4.85%
2024 4.90%
2025 5.00%
FTN Financial Capital Markets 2006-20l2 5.00% GIC: $3,250,890.00 4.572278%
2013 4.25% Prem: 0.00
2014-2015 4.20% NIC: $3,250,890.00
2016 4.30%
2017 4.40%
2018 4.50%
2019 4.60%
2020 4.70%
2021 4.75%
2022-2025 4.50%
First Southwest Company 2006 4.95% GIC: $3,257,865.00 4.582089%
2007 4.05% Prem: 0.00
2008-2012 4.00% NIC: $3,257,865.00
2013 4.05%
2014 4.15%
2015 4.25%
2016 4.35%
2017 4.45%
2018 4.60%
2019 4.70%
2020 4.80%
202l 4.85%
2022 4.90%
2023 4.95%
2024-2025 5.00%
Salomon Smith Barney, Manager 2006-2007 5.25% GIC: $3,267,607.50 4.595791 %
UBS Pain W ebber* 2008 5.00% Prem: 0.00
RBC Dain Rauscher, Inc. * 2009-20l3 4.00% NIC: $3,267,607.50
2014 4.l25%
2015 4.20%
2016 4.30%
2017 4.40%
2018 4.50%
2019 4.60%
2020 4.70%
2021 4.80%
2022 4.85%
2023-2025 5.00%
Legg Mason Wood Walker, Inc. 2006-2008 4.00% GIC: $3,304,710.00 4.642876%
2009-20 l2 4.25% Prem: 3,625.l0
20l3-20l4 4.50% NIC: $3,30l,084.90
2015 4.30%
2016 4.40%
2017 4.50%
2018 4.60%
2019 4.70%
2020 4.80%
2021-2022 4.90%
2023-2025 5.00%
* Co-Manager
e
Ratings: FGIC Insured
Moody's - "Aaa" S&P's - "AAA"
Bidder
William R. Hough & Co., Manager
SunTrust Capital Markets*
Stephens, Inc. *
Nike Securities*
Member: Raymond James & Associates, Inc.
TABULATION OF BIDS
Received
July 22, 2002
On
$5,400,000
CITY OF LA PORTE, TEXAS
Limited Tax Bonds, Series 2002
Maturities Rate
2006-20 II 4.25%
20 l2-20 13 4.00%
2014 4.10%
2015 4.20%
2016 4.30%
2017 4.40%
2018 4.50%
2019 4.60%
2020 4.70%
202l 4.80%
2022 4.85%
2023 4.90%
2024-2025 5.00%
2006-2008 5.00%
2009 4.375%
2010 3.65%
20ll 3.75%
2012 385%
2013 4.00%
2014 4.10%
2015 4.20%
2016 4.30%
2017 4.40%
2018 4.50%
2019 4.60%
2020 4.70%
2021 4.80%
2022 4.85%
2023 4.90%
2024 4.95%
2025 5.00%
2006-20l0 4.00%
20ll 4.25%
2012 4.375%
2013 4.50%
2014 4.l5%
2015 4.25%
2016 4.35%
2017 4.45%
2018 4.55%
2019 4.625%
2020 4.70%
2021 4.75%
2022 4.80%
Prudential Securities Incorporated, Manager
Dean Witter
SouthTrust Securities, Inc. *
A.G. Edwards & Sons, Inc. *
Banc One Capital Markets, Inc. *
The Bankers Bank*
Edward Jones*
NBC Capital Markets Group, Inc. *
Wells Fargo*
CIBC World Markets*
Member: Kirlin Securities
Morgan Keegan & Co., Inc., Manager
SAMCO Capital Markets*
First Union National Bank*
Stifel, Nicolaus & Company, Inc. *
e
Bond Buyer Index: 5.00%
Effective
Interest Cost Interest Rate
GlC: $3,242,790.00 4.5596%
Prem: 858.60
NIC: $3,241,931.40
GlC: $3,242,430.00 4.5603%
Prem: 0.00
NIC: $3,242,430.00
GlC: $3,244,387.50 4.563133%
Prem: 0.00
NIC: $3,244,387.50
e
e
OFFICIAL BID FORM
'\
''5 . () s: p~
Mayor and City Council
City of La Porte
604 W, Fairmont Parkway
La Porte, TX 77572
Mayor and City Council Members:
This bid is submitted under the bidding conditions of your Official Notice of Sale dated July 8, 2002, of $5,400,000 City of La Porte,
Texas, Limited Tax Bonds, Series 2002, the terms and conditions of which Official Notice of Sale are made a part hereof.
For Sai~IIY issued Bonds, as described in said Official Notice of Sale, we will pay you par and accrued interest, plus a cash premium
of $ for Bonds maturing and bearing interest as follows:
Interest Interest
Maturity Rate Maturity Rate
2006 s: .2S % 2016 %
2007 J % 2017 %
2008 .-)." DI) % 2018 %
2009 ~t)O % 2019 %
2010 % 2020 %
2011 % 2021 %
2012 % 2022 %
2013 % 2023 ~. 0(/ %
2014 ~/2<' % 2024 ~ %
2015 ~ZD % 2025 %
GROSS INTEREST COST $ ~1:26 1-, ~O 1. SO
LESS PREMIUM $ -i7-
NET INTEREST COST ~II ~~J/f~1. S~
EFFECTIVE INTEREST RATE
The Initial Bond shall be registered in the name of
(syndicate manager). We will advise JPMorgan Chase Bank, D I as, Texas, t e eglstrar, our registratIOn instructions a least fiv business
days prior to the date set for Initial Delivery. We will not ask the Registrar to accept any registration instructions after the five day period.
The undersigned agrees to complete, execute, and deliver to the City, on the next business day after award of the Bonds, the Issue Price
Certificate, in the form enclosed as Exhibit A to the Official Notice of Sale.
Attached hereto or submitted separately is a Bank Certified or Bank Cashier's Check of ,
in the amount of $1 08,000 which represents our Good Faith Deposit and which is submitted in accordance with the terms as set forth in the
Official Notice of Sale.
e
e
We have read in detail the Official Notice of Sale and the Official Statement relating to the Bonds, as we have made such investigations as
we deem necessary relating to the City and the investment quality of the Bonds.
Syndicate:
vB:!> PI4/.
1?4L ~"'~01
R<'p~/
By: L!hr/6 tJj,~-4
Phone: 2.1 ij -87/ - r~2Y
ACCEPTANCE CLAUSE
The foregoing bid is hereby in all things accepted by the City of La Porte, Texas, this the _ day of July, 2002.
ATTEST~
City Secretary
Mayor
ACCUMULATED BOND YEARS
$5,400,000
City of La Porte, Texas
Limited Tax Bonds, Series 2002
Dated: July ]5,2002
Year of
Maturity
Amount
of Bonds
Bond Years
2006
2007
2008
2009
20]0
2011
2012
2013
20]4
2015
20]6
2017
20]8
2019
2020
2021
2022
2023
2024
2025
$270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
3.6666
4.6666
5.6666
6.6666
7.6666
8.6666
9.6666
10.6666
11.6666
12.6666
13.6666
14.6666
15.6666
16.6666
17.6666
18.6666
19.6666
20.6666
21.6666
22.6666
Average Maturity........... 13.] 67Years
Maturity: March 15
Accumulated
Bond Years
990.0000
2,250.0000
3,780.0000
5,580.0000
7,650.0000
9,990.0000
12,600.0000
]5,480.0000
] 8,630.0000
22,050.0000
25,740.0000
29,700.0000
33,930.0000
38,430.0000
43,200.0000
48,240.0000
53,550.0000
59,]30.0000
64,980.0000
71,100.0000
Jul-22-2002 03:50pm
From-LEGG MASON eZANNE MURAKAMI
+612-337-3868 e
T-213 P.002
F-388
OFFICIAL BID FORM
Mayor and City Council
City of La Porte
604 W. Fairmant Parkway
La Porte, TX 77572
Mayor and City Council Members;
This bid is submitted under the bidding conditions of your Official Notice of Sale dated July 8, 2002, of $5,400.000 City of La Porte,
'Texas, Limited Tax Bonds, Series 2002, the lr:nns and conditions of which Official NOlice of Sale arc made a part hereof.
For said legally issued Bonds, as described in sllid Official Notice of Sale, we will pay you par :!Jld accrued interest,. plus a cash premium
of$..3, ,,'Z. 5"". } 0 for Bonds maturing and beating imereSI as follows;
r nteresr Jntere:.1:
Maturity Rate Matlm!y ~
2006 ~6a % 2016 tf..'TO %
2007 0/-.. O() % 2017 '1-", Q) %
2008 'f-. () t:) % 2018 Lf.. {, 0 %
2009 'T,2.> % 2019 Lf.70 %
2010 ~.2-5 % 2020 If. go %
2011 '1-.2 S- % 2021 ~'lO %
2012 9:.2.S % 2022 If_ '10 %
2013 If. So % 2023 S.OO %
2014 4t~So % 2024 5'. CO %
2015 It/.. :30 % 2025 S:ao %
GROSS INTEREST COS'T $ 3, 3c'l r 710 ,DO
LESS PREMJUM $ :3 t b 2-C;;. 10
NE'r INTEREST COST $ '3,30 I ,Ogy. ~"70
EFFECTIVE INTEREST RATE !J..l ~.,~ %
L{ .b ~).B .:} Co
The Initial Bond shall be registered in the name of I ~1i AA....s.o........ We"" J:. t.Jo..( k~ r-
(syndicate manager). We will advise JPMorgan Chase B , allas, Texas, the Reiistrar, Our rCiistration instructions at least five business
days prior ~o the dare set for Initial Delivery. We will no~ ask the Registrar to accept any registration instructions after the five day period.
The undersigned agrees to eomple~e, execute, and deliver to the Cil)', On the next business day after award of the Bonds, the Issue Priee
Certificate, in the fonn enclosed as Exhibit A to the Official Notice of Sale.
Attached hereto or submitted Separately is a Bank Certified or Bank Cashier's Check of H--oS+ lSo...",-~ r NA. >
in the amOUIlt of $1 08,000 which represents our Good Faith Deposit :md whieh is submitted in accordance with the terms as set forth in the
Offieial Notice of Sale.
7
Jul-22-2002 03:50pm From-LEGG MASON / SUZANNE MURAKAMI
e
+612-337-3868 e
T-213 P.003
F-388
We have read in detail the Official Notice: of Sale: and the Official Statement relating to the Bonds, as we have made such investigations as
we dcem necessary relating to the City and the investment quality of the Bonds.
~S.~ W~
!'~ ....~.... ..u ~K"';I.A-
Phone'
~/2-~.337- sf"~Y
Respectfully submitted,
Syndicate:
L~5 j' MD-Sov... ~l)d U ~~(b:..,.-
ACCEPTANCE CLAUSE
The foregoing bid is hereby in all things accepted by the City of La Pone, Texas, this the _ day of July, 2002.
A TrEST.:.
City Secretary
Mayor
ACCUMULATED BOND YEARS
$5,400,000
City of La Pone, Texas
Limited Tax Bonds. Series 2002
Dated: July IS, 2002
Year or
Maturi~
Amount
of Bonds
Bond Y cars
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
$270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270.000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
3.6666
4.6666
5.6666
G.GGG6
7.6666
8.6666
9.6666
10.6666
11.6666
12.6666
13.6666
14.6666
15.6666
16.6666
17.6666
18.6666
19.6666
20.6666
21.6666
22.6666
Average Maturity........... 13.167Years
8
Maturity: March 15
Accumulated
Bond Years
990.0000
2,250.0000
3,780.0000
5,580.0000
7,650.0000
9,990.0000
12,600.0000
15,480.0000
18.630.0000
22,050.0000
25,740.0000
29,700.0000
33,930.0000
38,430.0000
43,200.0000
48,240.0000
53,550.0000
59,130.0000
64,980.0000
71,100.0000
DATE
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
3/15/18
9/15/18
3/15/19
9/15/19
3/15/20
9/15/20
3/15/21
9/15/21
3/15/22
9/15/22
3/15/23
9/15/23
3/15/24
9/15/24
3/15/25
9/15/25
ACCRUED
DATED 7/15/ 2
BOND YEARS
AVERAGE COUPON
AVERAGE LIFE
N I C %
TIC %
e
$5,400,000
CITY OF LA PORTE, TEXAS
LIMITED TAX BONDS, SERIES 2002
---------------------
---------------------
DEBT SERVICE SCHEDULE
---------------------
---------------------
PRINCIPAL
COUPON
e
INTEREST PERIOD TOTAL FISCAL TOTAL
159,930.00
119,947.50
119,947.50
119,947.50
119,947.50
119,947.50
119,947.50
114,210.00
114,210.00
108,472.50
108,472.50
102,735.00
102,735.00
96,997.50
96,997.50
91,260.00
91,260.00
85,522.50
85,522,50
80,122.50
80,122,50
74,722.50
74,722,50
69,187.50
69,187.50
63,517.50
63,517,50
57,712.50
57,712.50
51,772.50
51,772,50
45,697.50
45,697.50
39,487.50
39,487.50
33,142.50
33,142.50
26,662.50
26,662.50
20,115.00
20,115.00
13,500.00
13,500.00
6,750.00
6,750.00
3,242,790.00
27,987.75
3,214,802.25
PREPARED BY MORONEY, BEISSNER & CO., INC.
270,000.00 4.250000
270,000.00 4.250000
270,000.00 4.250000
270,000.00 4,250000
270,000.00 4.250000
270,000.00 4.250000
270,000.00 4.000000
270,000.00 4.000000
270,000,00 4,100000
270,000.00 4,200000
270,000.00 4,300000
270,000.00 4.400000
270,000.00 4.500000
270,000.00 4.600000
270,000.00 4.700000
270,000.QO 4.800000
270,000.00 4.850000
270,000,00 4.900000
270,000.00 5.000000
270,000.00 5.000000
5,400,000.00
5,400,000.00
--------------
--------------
159,930.00
119,947.50
119,947.50
119,947.50
119,947.50
119,947.50
389,947.50
114,210.00
384,210.00
108,472.50
378,472.50
102,735.00
372,735.00
96,997.50
366,997,50
91,260.00
361,260.00
85,522.50
355,522.50
80,122.50
350,122.50
74,722.50
344,722.50
69,187.50
339,187.50
63,517.50
333,517.50
57,712.50
327,712.50
51,772.50
321,772.50
45,697.50
315,697.50
39,487.50
309,487.50
33,142.50
303,142.50
26,662.50
296,662.50
20,115.00
290,115.00
13,500.00
283,500.00
6,750.00
276,750.00
8,642,790.00
27,987.75
8,614,802.25
-------------- --------------
-------------- --------------
YITH DELIVERY OF 8/27/ 2
71,100.000
4.561
13,167
4.560886 % USING 100.0000000
4.528851 % USING 100.0000000
279,877.50
239,895.00
239,895.00
504,157.50
492,682.50
481,207.50
469,732.50
458,257.50
446,782.50
435,645.00
424,845.00
413,910.00
402,705.00
391,230.00
379,485.00
367,470.00
355,185.00
342,630.00
329,805.00
316,777.50
303,615.00
290,250.00
276,750.00
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CITY OF LA PORTE, TEXAS
DEBT SERVICE REQUIREMENT SCHEDULE
-------------------------------------------
-------------------------------------------
ADJUSTED TO INCLUDE
$5,400,000 LIMITED TAX BONDS, SERIES 2002
FISCAL $5,400,000 LIMITED TAX BONDS, SERIES 2002 SALES TAX NEil TOTAL
YEAR PRESENT ----------------------------------------- SUPPORTED DEBT LESS SALES TAX
END 9/30 TOTAL PRINCIPAL INTEREST TOTAL NEY TOTAL INCLUDED IN TOTAL SUPPORTED DEBT
-..----------------------------------------------------------------------------------------------------------------
2002 $2,319,535 $2,319,535 $311,550 $2,007,985
2003 2,134,168 $279,878 $279,878 2,414,046 301,050 2,112,996
2004 1,949,939 239,895 239,895 2,189,834 290,550 1 , 899, 284
2005 1,711,690 239,895 239,895 1,951,585 280,050 1,671,535
2006 754,800 $270,000 234,158 504,158 1,258,958 269,550 989,408
2007 725,988 270,000 222,683 492,683 1,218,671 259,050 959,621
2008 697,956 270,000 211,208 481,208 1,179,164 248,550 930,614
2009 671,175 270,000 199,733 469,733 1,140,908 238,050 902,858
2010 647,563 270,000 188,258 458,258 1,105,821 228,900 876,921
2011 651,150 270,000 176,783 446,783 1,097,933 221,250 876,683
2012 629,150 270,000 165,645 435,645 1,064,795 213,750 851,045
2013 606,975 270,000 154,845 424,845 1,031,820 206,250 825,570
2014 584,953 270,000 143,910 413,910 998,863 198,750 800, 113
2015 563,281 270,000 132,705 402,705 965,986 191,250 774,736
2016 541,719 270,000 121,230 391,230 932,949 183,750 749,199
2017 520,156 270,000 109,485 379,485 899,641 176,250 723,391
2018 498,594 270,000 97,470 367,470 866,064 168,750 697,314
2019 477,031 270,000 85, 185 355,185 832,216 161,250 670,966
2020 333,125 270,000 72,630 342,630 675,755 153,750 522,005
2021 270,000 59,805 329,805 329,805 329,805
2022 270,000 46,778 316,778 316,778 316,778
2023 270,000 33,615 303,615 303,615 303,615
2024 270,000 20,250 290,250 290,250 290,250
2025 270,000 6,750 276,750 276,750 276,750
--......-.....--..- ----...------ ----------...- ----------- ------........-.. _.._-..------ ---...-...._-
$17,018,948 $5,400,000 $3,242,790 $8,642,790 $25,661,738 $4,302,300 $21,359,438
PREPARED BY MORONEY, BEISSNER & CO., INC.
DATE: 07/23/2002
TIME: 10:08:08
FILE: LP2002
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RE
NCIL AGENDA ITEM
Agenda Date Requested:
Appropriation
Requested By:
N/A
Department:
Parks & Re..:reatiQD
Account Number:
N/A.
Re ort:
Resolution:
Ordinance: X
Amount Budgeted:
N/A
Exhibits:
Ordinance No. 2002-
Amount Requested:
N/A
Exhibits:
A2reemcnt
Budgeted Itcm:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City's Agreement with the La Porte Boy's Baseball Association regarding the use of
designated youth baseball facilities, has expired. The agreement was for a fiye-year term with one
(1) five-year extension. The LPBBA has requested some minor changes in the agreement that are
basically administratiye in nature. The changes are shaded in your copy of the agreement. The
wording of the original agreement requires City Council approval for the extension. The Ordinance
before you authorizes an extension of the existing agreement with the LPBBA for an additional
five-year term.
Staff recommends that the ordinance be approved. We have a very good working
relationship with the La Porte Boy's Baseball Association, and will continue to work with them to
proyide an excellent youth baseball program for the City of La Porte.
Action Required by Council:
Consider approval of an ordinance authorizing the City Manager to extend an agreement with the
La Porte Boy's Baseball Association regarding the use of designated youth baseball facilities for
and additional five years.
Approved for City Council A2enda
~~ \. \~
Robert T. Herrera, City Manager
l-11~D~
Date
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ORDINANCE NO. 2002- 8.5h'l
AN ORDINANCE AUTHORIZING THE EXERCISE BY THE CITY OF LA PORTE OF AN
OPTION TO EXTEND FOR AN ADDITIONAL FIVE YEARS, THE AGREEMENT
BETWEEN THE CITY OF LA PORTE AND THE LA PORTE BOY'S BASEBALL
ASSOCIATION REGARDING THE USE OF DESIGNATED YOUTH BASEBALL
FACILITIES 7 MAXING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT 7 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW 7 AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The city Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
e
ORDINANCE NO. 2002- ~5Vl
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PASSED AND APPROVED, tbis 22nd day of July, 2002.
ATTEST:
/7
APPROVED:
.-, ,
/" ' . .
~/' ..J~' / /;:<' , )
(/ltl-L? t,{/. Cr! c: A:c/A/~/
Knox W. Askins
City Attorney
By:
co~~
Norman L. Malone
Mayor
PM;8 2
~\ ~~6A1~~~
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AGREEMENT BETWEEN THE CITY OF LA PORTE
AND THE LA PORTE BOY'S BASEBALL ASSOCIATION
REGARDING THE USE OF DESIGNATED YOUTH BASEBALL FACILITIES
BECAUSE, the City of La Porte (the "City') is the owner and operator of
various youth baseball facilities as part of the parks and recreational facilities of the
community; and
Because, the La Porte Boy's Baseball Association (the "Association") has
contributed funds in past years, which funds have been matched by the City, toward the
construction of various amenities and facilities at the various youth baseball facilities owned
by the City; and
Because, the City wishes to recognize and commend the funding that has
been provided by the Association;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to both parties, it is agreed
as follows:
I.
The City will provide limited use of the youth baseball facilities as described in "Exhibit A"
which is attached and herein as if set out herein verbatim, and included as a part of this
Agreement, to the Association for conduct of its league games, practice games,
league/team practices, tournament games, and league playoff games from the first week in
February through the last weekend in December for each year that this Agreement is in
effect. Use is limited to Monday through ._, from 7:00 a.m. until 11 :00 p.m. each day.
The Association shall have exclusive right and responsibility for scheduling, organizing and
conducting youth baseball league games, practice games, league/team practices,
tournament games, and league playoff games at the youth baseball facilities listed in
Exhibit A. The City reserves the right to close the fields for field maintenance purposes, for
inclement weather, or other reasonable cause.
II.
The City will assume limited responsibility for maintenance of all structures located on City
property at Fairmont Park as set forth in this Agreement. Except for routine marking,
dragging, watering and other field preparation as set out herein, the City will assume
responsibility for maintenance and repair of fencing, parking lots, sidewalks, turf areas, and
major field maintenance at the youth baseball facilities listed in Exhibit A. The Association
will be responsible for routine marking, and field preparation of the youth baseball facilities
as listed in Exhibit A. The City will manage all operations related to facility and grounds
maintenance at the baseball facilities designated in Exhibit A.
Page 1 of 6
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The City has also provided, with assistance from the Association, a concession/restroom
facility, and a storage facility as listed in Exhibit A. The concession/restroom facility, and
permanent attachments to said facility, are the property of the City. Except as set out herein
in Paragraph 3 below, the City agrees to maintain utility service to the concession/restroom,
and storage structure's various components including, electrical, plumbing, roofing, and
other systems that contribute to therr safe and efficient operation. The restroom portion of
the facility is a shared facility for various uses at Fairmont Park and is the property of the
City. The City will provide daily weekday custodial services for the restroom facility and
provide necessary supplies for the restroom facility. Unless specifically marked, parking
spaces at Fairmont Park are not reserved and are available on a first-come, first-served
basis.
III.
The Association agrees to operate the concession facility exclusively and to provide
materials, equipment, supplies, and personnel necessary for operation. Further, the
Association is responsible for furnishing equipment for the batting cages and concession
stands at the youth baseball facilities, including but not limited to the following: pitching
machines, microwaves, refrigerators, ice machines, freezers, air conditioners and all other
electrical appliances. The Association is responsible for maintenance of all furnished
equipment in the concession stand and batting cages and turf maintenance inside and
around the batting cages. The Association agrees to clean the restroom facilities, in
addition to the City's regular cleaning schedule on an as needed basis, during the
Association's use of the facilities to assure that the restrooms are clean and operable. The
Association agrees to clean the concession portion of the facility at its expense. All
revenues produced by batting cages and concession operations shall belong to the
Association. The Association is responsible for meeting all applicable laws, ordinances, and
codes regarding the following: sales tax, safety, and any other issue relative to concession
operations, batting cage operations, and conduct of all its activities at the youth baseball
facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at youth
baseball facilities located on City property.
IV.
Balling cages shall not be open for use by the general public by the association under any
circumstances, unless the City gives its prior written permission, which permission shall not
be unreasonably withheld. In any event, if the Association receives permission to open said
batting cages to the public, such use shall be under the strict supervision of the
Association. All provisions herein relating to insurance and indemnity to the City by the
Association shall be applicable. Use of other baseball facilities by the public will be limited
to the following conditions: (a) During the period not covered by this Agreement, the public
shall have the right to use the various youth baseball facilities for pickup games at any time
during park operating hours, except when the City is conducting maintenance or
Page 2 of 6
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construction at the various facilities; and (b) During the period covered by this Agreement,
the public shall have the right to play pickup youth baseball or other field sports games at
the youth baseball facilities listed in Exhibit A, at any time during park operating hours when
no practice game, league game, tournament game, or playoff game is scheduled; or the
fields have not been Specially Prepared for such games (Special Preparation shall
include marking, dragging, watering; painting, or other activity which would be disrupted or
spoiled by indiscriminate use of the facilities by the public).
V.
The Association shall indemnify and hold harmless the City, its officers, directors, agents,
and employees from and against any and all claims, damages, losses, expenses, and
liabilities, including attorney's fees which may be asserted against or incurred by the City
arising, directly or indirectly, from any activities conducted or services performed by the
Association under this agreement, or from any event occurring on the premises owned by
the City during any period in which activities are being performed, conducted, or sponsored
on the premises by the Association.
VI.
The City shall indemnify and hold harmless the Association, its officers, directors, agents,
and employees from and against any and all claims, damages, losses, expenses, and
liabilities, including attorney's fees which may be asserted against or incurred by the
Association arising, directly or indirectly from any activities conducted or services
performed by the City pursuant to this agreement, or from any event occurring on the
premises owned by the City during any period in which activities are being performed,
conducted, or sponsored on the premises by the City.
VII.
The Association shall keep and maintain during the term of this agreement, a
comprehensive general liability policy, with the City named as Additional Named Insured,
with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single
limit bodily injury and property damage per occurrence, with a minimum deductible of One
Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation
shall be provided to the City. Effective policy must not exclude participants in the
Association's scheduled or unscheduled activities at the facilities. Other policy exclusions
are permissible, provided that they do not contradict the terms of this Agreement. The
Association shall furnish the City with a Certificate of Insurance evidencing such
coverage. Such insurance shall include contractual liability insuring the indemnity
agreements contained in this Agreement.
Page 3 of 6
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VIII.
The Association shall not assign, transfer, convey, sublet or otherwise dispose of the
Agreement, or any part, to any person, partnership, company, corporation, club or
association without prior written consent of the City of La Porte.
IX.
This instrument contains the entire Agreement between the parties relating to the rights
granted in the Agreement and the obligations assumed as a part of the Agreement. Any
representations or modifications concerning this Agreement shall have no force or effect
unless modified in writing, and signed by each party to the Agreement.
X.
This Agreement shall be in force for a period of five (5) years, beginning with the date of its
execution. At the end of the term of the agreement, both the City and the Association have
the option to continue the agreement for an additional five (5) year term. Such option shall
be executed in writing by the IIIIIIII of the Association and the City Manager or his
designee. Should either party choose not to exercise their option, the agreement shall be
considered to be at an end. During the term of this agreement, the Association and the
City may enter into separate agreements regarding future capital improvement projects or
other boy's baseball facilities that may be contemplated in the City.
XI.
The Association shall maintain a favorable financial position during the term of this
Agreement. The Association will provide an official annual report on the Association's fiscal
condition to the City, comprised of a balance sheet, revenue statement and expense
statement. The City reserves the right to review the internal financial control structure of the
Association and to perform other audit steps as necessary to protect its interests.
XII.
If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or
clause, of this Agreement shall, for any reason, not be legally or factually valid, such
invalidity shall not affect the remaining portions of this Agreement.
Page 4 of 6
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IN TESTIMONY WHEREOF, this instrument has been renewed and executed in duplicate,
each to have the effect of an original as follows:
(A) It has been executed on behalf of the City on the~ day of July 2002 by
its City Manager and attested by its City Secretary, pursuant to an Ordinance
of the City Council of the City of La Porte, authorizing such execution; and
(B) It has been executed on behalf the Association on theJ-'2. ~ay
of July 2002 by its President and attested by its Secretary, pursuant to
authorization from the Board of Directors of the La Porte Boy's Baseball
Association, authorizing such execution.
CITY OF LA PORTE
By:Qol~ T. \-\.J0vu<.-'--e--/
Robert T. Herrera, City Manager
ATTEST:
LA PORTE BOY'S BASEBALL
ASSOCIATION
By:
ATTEST:
~lQ~f1td
Associatiorf Secr ary
I
APPROVED AS TO FORM:.?
~/ I ._' ij
, '/']... /".' I
. 4:tz'-;L '{[. {{,!-';-/l 2~1i-,L/
_ J
Knox W. Askins, City Attorney
Page 5 of 6
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EXHIBIT A
The youth baseball facilities designated herein are located at Fairmont Park, 3544
Farrington Street in La Porte, Texas, and are identified as follows:
Field #1
is the southernmost baseball field at the park, located on the
southwest corner of the park; bounded on the west by Harris
County Flood Control District ditch; on the south by the vehicle
parking lot off Farrington; on the east by Field #2; and on the
north by Field #3.
Field #2
is located immediately east of Field #1, and southeast of the
Concession/Restroom building.
Field #3
is located immediately north of Field #1, and northwest of the
Concession/Restroom building.
Field #4
is located immediately east of Field #3, and northeast of the
Concession/Restroom building.
Concession/Restroom
Building
is located in the center of the cloverleaf formed by Fields #1 -4.
Field #5
is located immediately north of Field #3.
Field #6
is located immediately north of Field #4.
Field #7
is located northwest of Field #6.
Batting Cages
are located north of Field #6, and southwest of Field #7.
Storage Building
is located east of the Concession/Restroom building, outside the
cloverleaf formed by Fields #1-4.
Page 6 of 6
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Steve Gillett
Agenda Date Requested: Jul
Appropriation
Source of Funds: General Fund
Department: Public Works
Account Number: 00170715314015
Report: ~Resolution: _Ordinance:_
Amount Budgeted: $155,000
Exhibits: Declaration of Sole Source
Amount Requested: $64,500.00
Exhibits: Price Quotation from Vulcan
Budgeted Item: YES
Exhibits:
SUMMARY & RECOMMENDATION
Naturally occurring oil impregnated limestone rock is used in the resurfacing of streets. Vulcan
Construction Materials is the only source for this product in Texas. The City of La Porte has
used this product exclusively for oyer 20 years as well as has many other jurisdictions including
the Texas Department of Transportation.
To complete the Street Reconstruction Program for the FY 01/02, 100 tons ofPE -2 and 400 tons
of PEA are needed at a cost of $28.61 per ton delivered for a total cost of $14,305.00. To
complete the FY 02/03 Street Reconstruction Program, 473 tons ofPE-2 and 1,347 tons ofPE-4
are needed at a cost of $28.61 per ton delivered for a total cost of $50,070.21. Using these
quantities, the total cost of the contract for the remainder of FY 01/02 and FY 02/03 would be
$64,375.21. This represents an increase of $1.90 per ton or 7% oyer the 1999 bid price.
Staff recommends that Vulcan Construction Materials be declared a Sole Source Vendor for the
supply of PE-2 and PE-4 Aggregate for Surface Treatment. Funds for this contract are currently
budgeted in the FY 01/02 Street Maintenance Operating Budget and are requested in the FY
02/03 Street Maintenance Operating Budget.
Action Required by Council: Declare Vulcan Construction Materials the Sole Source Vendor
for PE-2 and PE-4 Aggregate for Surface Treatment and approve an annual contract for the
purchase of these materials for an estimated cost of $64,3 75.21.
Approved for City Council Ae;enda
G1J,J T ~
Robert T. Herrera, City Manager
-, ~ I '7 ~ 0 '1....
Date
~ J.I-15-2002
04:40pm
From-VULCAN MAT~S
2105243555
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T-361
P.001/OOl
F-529
UulEan
Materials Company
July 15,2002
City of LaPorte
2963 N. 23rd Street
LaPorte, Texas 77571
Attn: purchasing
Dear Sir:
Vulcan Materials Company is the only producer of Limest,: le Rock Asphalt serving the
Gulf Coast Region of Texas by rail delivery.
c~0C~
Pat Wootton
SOUTHWEST DIVISION, VULCAN CONSTRUCTION Ml 'ERIAlS. I..F'
P.O. BOX 791550 . SAN ANTONIO, TEXAS 78;:279-1550 · TE.ll .:>HONE 210524-3500
07115(]002 13:)B 8302783137
VULCAN MATERIAL
PAGE 01
"wOZ-lOOI 10:22&111 frdl-VlILCAN AlS Z1D5wm Hzr P.DOI/DOI F-m
VULCAN CONSTRUCTlON MATERIALS. lP
QUOTATION
DATE:
"7-/ 5~D 2-
CONTRACTOR
LI"Ty of LA &,~
CONTACT
PHONE #
~ :L'i1-8G,7-0!9L.
PLANT: OMw~y TRUCK MILES:
LOCATION:~ eQ~ r~
F.O.S S
PER TON
-
RAIL POINT:~
QUANTITY
TRKlRAIL
FREIGHT
U1H $ EOB JOBSITI!
e~R TON S PER TON
~
~ '-K;~ I
2-8' ~lD I
BID DATE:
DELIVERY DATE:
PROJECT:
COMMENTS:
BY:
P. O. Box 791
San Antonio. TX 7 279.1550
DATE: 7-/5--0'-
(210) 524-3600
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ADDENDUM TO MEETING NOTICE
JULY 22, 2002
CONSIDER RETAINING OUTSIDE AUDITOR TO REVIEW FINANCIAL TRANSACTIONS
- K. Askins
I herby certify that I posted this Notice on the bulletin board located at a place convenient
to the public in the City Hall of the City of La Porte, at 4:45 P.M. on the 19th day of July 2002,
and that (1) said Notice was posted for at lease 72 hours preceding the scheduled time of the
meeting; or (2) if this Notice was posted less that 72 hours but more than 2 hours before the
meeting convened, I hereby certify that said meeting was called because of an emergency or
urgent public necessity limited to imminent threats to public health and dafety or reasonable
unforeseeable situation requiring immediate action by the City Council.
Witness my hand and the Seal of the City of La Porte, Texas, this the 19th day of July 2002.
City of La Porte
Martha Gillett
City Secretary
THIS FACILITY HAS DISABILITY ACCOMMODATIONS A VAILABLE. REQUESTS FOR ACCOMMODATIONS OR
INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE
CONTACT CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR FURTHER
INFORMATION.
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CITY COUNCIL WORKSHOP
BOARDS AND COMMISSIONS APPOINTMENTS
FOR AUGUST, 2002
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BOARD OF ADJUSTMENT
POSITION
REPRESENTATIVE
TERM EXPIRATION
Alternate 1
Charles Shoppe
May 30, 2002
Alternate 2
George W. Maltsberger
May 30, 2002
Members recommended and appointed by entire City Council.
RESIGNATIONS/TERMINATIONS: None
COUNCIL RECOMMENDATIONS: Mr. Young would like to recommend Paul
Berner.
APPLICATIONS RECEIVED SINCE LAST APPOINTMENT PERIOD:
Bernard Legrand
Paul Berner
Daye Turnquist
Nick Barrera
Barbara Norwine
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BOARD OF ADJUSTMENT
POSITION REPRESENT A TIVE TERM EXPIRATION
(2 yr term)
Sidney Grant *May 30, 2003
1907 Lomax Dr.
La Porte, Texas 77571
(281) 471-2375
2 Bob Capen May 30, 2003
807 Oak Leaf
La Porte, Texas 77571
(281) 471-1354
3 Rod Rothermel *May 30, 2003
2601 Broadway
La Porte, Texas 77571
(281) 471-0544 Home
(281) 470-0171 Work
4 Willie Walker *May 30, 2003
327 North Sixth
La Porte, Texas 77571
(281) 471-1365
5 Ruben L. Salinas May 30, 2003
10933 Oakwood
La Porte, Texas 77571
(281) 470-1257-HM
(281) 470-4988-WK
Alternate 1 Charles Schoppe May 30, 2002
103 Forest
La Porte, Texas 77571
(281) 842-1104
(713) 238-3992 pager
Alternate 2 George (Bill) W. Maltsberger May 30, 2002
10403 Shell Rock
La Porte, Texas 77571
(281) 471-4917 Home
(713) 246-6910
*Council changed expiration date on 7-13-98 with Ordinance 98-2265.
7/13/98 MG/H/BOARDSCOMM/BDSCOMM798 Revised 7/01
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FIRE CODE REVIEW COMMITTEE
POSITION
REPRESENTATIVE
TERM EXPIRATION
District 1
Louis Heintschel
May 30, 2002
District 6
Emery Farkas
May 30, 2002
AL-B
Tom Handy
May 30, 2002
District recommendations made by each District Councilmember and At Large Position
and appointments approved by entire City Council.
RESIGNATIONS/TERMINATIONS: None
CITY COUNCIL RECOMMENDATIONS:
None submitted to City Secretary.
APPLICATIONS RECEIVED SINCE LAST APPOINTMENT PERIOD:
Bernard Legrand
Barbara Norwine
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FIRE CODE REVIEW COMMITTEE
POSITION
REPRESENTATIVE
TERM EXPIRATION
District 1
Louis Heintschel
1407 Lomax School Road
La Porte, Texas 77571
(281) 471-3247
May 30, 2002
Ordinance 99-2341
District 2
Richard Browder
9739 Willmont
La Porte, Texas 77571
(281) 471-4959
May 30, 2003
District 3
Tom Hayes
10450 Carlow
La Porte, Texas 77571
(281) 471-3002
May 30, 2003
District 4
Floyd Craft
327 Nugent
La Porte, Texas 77571
(28l) 47l-4064
May 30, 2003
Ord. 00-2408
District 5
Rick Luna
222 Oakhurst
La Porte, Texas 77571
(281) 471-8526
(713) 512-9955
May 30, 2003
District 6
Emery Farkas
3101 Woodland Ct.
La Porte, Texas 77571
(281) 471-2813
May 30, 2002
Ord.99-2341
AL-A
Bryan Moore
530 South 2nd
La Porte, Texas 77571
(281) 471-2854
May 30, 2003
Ord. 00-2408
AL-B
Tom Handy
10404 Spencer Highway
La Porte, Texas 77571
(281) 471-2181
May 30, 2002
Ord. 99-2341
Mayor
Sam Brechtel
925 South 4th Street
(281) 470-8337
May 30, 2003
Joe Sease, Fire Chief
Paul Hickenbottom, Fire Marshal
Debbie Wilmore, Chief Building Official
Ordinances 93-1912, 94-1393, 95-2037, 96-2107, 97-2179, 98-2265, 99-2341, 00-2408
7/13/98 MG/H/BOARDSCOMMlBDSCOMM798
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LA PORTE DEVELOPMENT CORPORATION
REPRESENT ATIVE
TERM EXPIRATION
Jerry Clarke
May 30, 2002
Bill Love
May 30, 2002
Pat Muston
May 30, 2002
Per Bylaws - The Board of Directors shall consist of seyen members appointed by City
Council of the City of La Porte, Texas for staggered two-year terms of office. Not less
than three (3) directors shall be persons who are not employees, officers or rnembers of
the goyeming body of the City of La Porte, Texas. Each director must reside within the
City of La Porte, Texas
IU;:SIGNATIONS/TERMINATIONS: None
CITY COUNCIL RECOMMENDATIONS:
None submitted to City Secretary.
APPLICATIONS RECEIVED SINCE LAST APPOINTMENT PERIOD:
Barbara Norwine
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LA PORTE DEVELOPMENT CORPORATION BOARD
REPRESENT A TIVE
Chuck Engelken
3319 Gladwyne
La Porte, Texas 77571
(713) 207-4457 Wk
(281)476-5176
Jerry Clarke
931 S. Third St.
La Porte, Texas 77571
(281) 326-5569 Wk
(281) 471-2183 Hm
Peter Griffiths
10034 Quiet Hill
La Porte, Texas 77571
(281) 470-8483 Hm
(713) 789-9233 Wk
Bill Love
9 Bay Harbor Drive
La Porte, Texas 77571
(281) 471-2018
Ed Matuszak
10443 Catlett
La Porte, Texas 77571
(281) 471-1988
Pat Muston
117 Garfield
La Porte, Texas 77571
(281) 471-1537
Deborah Johnson
10118 Shellrock Road
La Porte, Texas 77571
(281)471-5056 - Home
(281)850-6531 - Work
Revised 7/01
TERM EXPIRATION
May 30, 2003
May 30, 2002
May 30, 2003
May 30, 2002
May 30, 2003
May 30, 2002
May 30, 2003
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LAPORTE AREA WATER AUTHORITY
POSITION
REPRESENTATIVE
TERM EXPIRATION (3 YR.)
4
Chester Pool
May 30, 2002
5
Jerry Bramlett
May 30, 2002
Members recommended and appointed by entire City Council. Powers of the authority
shall be a member of the City Council of the City of La Porte during his term as director.
One director must reside outside the city limits of La Porte but within the boundaries of
the authority.
RESIGNATIONS/TERMINATIONS: Mr. Bramlett is deceased.
CITY COUNCIL RECOMMENDATIONS:
None submitted to City Secretary.
APPLICATIONS RECEIVED SINCE LAST APPOINTMENT PERIOD:
Bernard Legrand
Paul Berner
Barbara Norwine
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Revised 7/01
LA PORTE WATER AUTHORITY
POSITION REPRESENT A TIVE TERM EXPIRATION (2yr term)
George Robert Roy May 30, 2003
609 Canyon Springs
La Porte, Texas 77571
(281) 470-7933 Home
2 Al Fields May 30, 2003
603 Sandy Lane
La Porte, Texas 77571
(281) 471-8626 Home
(281) 471-4400 Work
3 Rodney J. Etchberger May 30, 2003
12007 Twilight Sky Court
Houston, Texas 77059-5543
(281) 282-0051
4 Chester Pool May 30, 2002
1710 Alvey
La Porte, Texas
(281) 471-5575
(281) 471-7700
5 Jerry Bramlett (Deceased) May 30, 2002
3926 Cornell Park Court
Houston, Texas 77058
7113/98 MG/HlBOARDSCOMMlBDSCOMM798
Revised 7/01
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PLANNING AND ZONING COMMISSION
POSITION
REPRESENTATIVE
TERM EXPIRATION
Chairman
Betty Waters
May 30, 2002
District 1
Melton Wolters
May 30, 2002
District 6
Ralph S. Dorsett
May 30, 2002
Chairman recommended by Mayor and approyed by City Council. District appointments
recommended by indiyidual districts and approyed by City Council.
RESIGNATIONS/TERMINATIONS: Melton Wolters resigned.
CITY COUNCIL RECOMMENDATIONS: Mr. Mosteit would like to replace
Melton Wolters with Doretta Finch. Mr. Young would like to replace Dottie Kaminiski
with Bernard Legrand due to upcoming redistricting.
APPLICATIONS RECEIVED SINCE LAST APPOINTMENT PERIOD:
Bernard Legrand
Paul Berner
Dave Turnquist
Nick Barrera
Barbara Norwine
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PLANNING AND ZONING COMMISSION
POSITION
REPRESENT A TIVE
TERM EXPIRATION
Chairman
Betty Waters
2202 26th Street
La Porte, Texas 77571
(281) 471-1907
May 30, 2002
Distrkt 1
Melton Wolters
10703 N. "H" Street
La Porte, Texas 77571
(281) 471-1527 Home
(713) 246-7022 Work
May 30, 2002
Ordinance 99-2341
District 2
Pamela Baldwin
3526 Gladwyne Lane
La Porte, Texas 77571
(281) 930-1441 Home
(713) 434-4671 Work
May 30, 2003
District 3
Ross T. Morris May 30,2003
5429 Beaver Creek
La Porte, Texas 77571
(281) 470-8637 Home Pager 713-833-6305
(281) 834-3538
District 4
Hal Lawler
1400 N. 10th Box 100
La Porte, Texas 77571
(281) 471-0440 Home
(281) 471-0129 Mom's
(713) 720-8262 Pager
*May 30, 2004
District 5
Dottie Kaminski
325 South Carroll
La Porte, Texas 77571
(281) 471-5015 Home
May 30, 2004
District 6
Ralph S. Dorsett
10910 Spruce
(281) 471-9167
(281) 487-5387
May 30, 2002
Ordinance 00-2402
*Counci1 changed expiration date on 7-13-98
HIboardsandcommissions798 Revised 7/01
Revised 7/01
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BOARD OF DIRECTORS
CITY OF LA PORTE REINVESTMENT ZONE NUMBER ONE
POSITION
REPRESENTATIVE
TERM EXPIRATION
2
Paul Larson
May 30, 2002
4
Horace Leopard
July 12, 2002
6
Lindsay R. Pfeiffer
July 12, 2002
8
Chester Pool
July 12, 2002
Mayor shall annually nominate and appoint, subject to Council approyal, a member to
serve as Chair for a term of 1 year.
Each taxing unit appointment as a Director of the La Porte Reinyestment Zone shall also
constitute a nomination of such person to the Redevelopment Authority (Positions 7 & 9).
City Council nominates and appoints the Directors for Positions 1-6 and 8.
RESIGNATIONS/TERMINATIONS: None
CITY COUNCIL RECOMMENDATIONS: Mayor Malone recommends Alton Porter
to serve as Chairman for an additional year. No other recommendations received by City
Secretary.
APPLICATIONS RECEIVED SINCE LAST APPOINTMENT PERIOD:
Bernard Legrand
Barbara Norwine
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BOARD OF DIRECTORS
CITY OF LA PORTE REINVESTMENT ZONE NUMBER ONE
Created by Ordinance 99-2325
POSITION REPRESENT A TIVE TERM EXPIRATION APPOINTED BY
Peggy Antone May 30, 2003 City of La Porte
8418 Collingda1e
La Porte, Texas 77571
(281) 479-1146 (H)
(713) 223-1195 (W)
2 Paul Larson May 30, 2002 City of La Porte
406 4th Street, North
La Porte, Texas 77571
(281) 842-7441
(713) 947-6606
3 Alton Porter, Chairman May 30, 2003 City of La Porte
10442 Catlett
La Porte, Texas 77571
(281) 471-8377
(281) 482-7007
4 Horace Leopard July 12, 2002 City of La Porte
3202 Lazy Pine Ord.00-2418
La Porte, Texas 77571
(281) 471-3746 (H)
(713) 947-8023 (W)
5 Norman S. Cook May 30, 2003 City of La Porte
228 W. Main
La Porte, Texas
281-471-2210 (wk)
6 Lindsay R. Pfeiffer July 12, 2002 City of La Porte
602 S. Nugent Ord. 99-2340
La Porte, Texas 77571 Ord.00-2418
(281) 471-6650 Home
(281) 471-4222 Work
7 David W. Webb May 30, 2003 La Porte ISD
16236 Seahorse
Houston, Texas 77062
(281) 486-5075
(281) 604-7045
8 Chester Pool July 12, 2002 City of La Porte
1710 Alvy Ord.00-2418
La Porte, Texas 77571 99-2371
(281) 471-5575 Ord. 00-2418
(281) 471-7700
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Board of Directors - City of La Porte Reinvestment Zone
Page 2
9
John Black
P.O. Box 1414
La Porte, Texas 77571
(281) 471-1234
May 30, 2003
Harris County
* Mayor shall annually nominate and appoint, subject to Council approval, a member to serve as Chair for
a term of 1 year.
Revised 7/01
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LA PORTE REDEVELOPMENT AUTHORITY
POSITION
REPRESENTATIVE
TERM EXPIRATION
2
Paul Larson
May 30, 2002
4
Horace Leopard
July 12, 2002
6
Lindsay R. Pfeiffer
July 12, 2002
8
Chester Pool
July 12, 2002
Per Articles of Incorporation and the By-Laws of the La Porte Redeyelopment
Authority, an appointment of a Director to the Reinyestment Zone #1, City of La
Porte, Texas constitutes an appointment to serye as a Director of the La Porte
Redeyelopment Authority.
Mayor of the City shall always appoint the Chairman of the Board (Authority). The
Chairman shall serve for the term designated by the Mayor.
Directors of the Authority shall be appointed by the Mayor of the City with the consent
and approval the City Council and shall be the same persons appointed to the
corresponding position of the Board of the La Porte Reinyestment Zone.
Each taxing unit appointment as a Director of the La Porte Reinyestment Zone shall also
constitute a nomination of such person to the Redeyelopment Authority.
The term of each Redeyelopment Authority position shall be coterminous with the
corresponding position on the Board of the La Porte Reinyestment Zone.
RESIGNATIONS/TERMINATIONS: None
CITY COUNCIL RECOMMENDATIONS: Mayor Malone recommends Alton Porter
to serve as Chairman for an additional year. No other recommendations received by City
Secretary.
APPLICATIONS RECEIVED SINCE LAST APPOINTMENT PERIOD:
Bernard Legrand
Barbara Norwine
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LA PORTE REDEVELOPMENT AUTHORITY
Articles of Incorporation and Bylaws Approved by Resolution 2000-19
POSITION REPRESENT A TIVE TERM EXPIRATION APPOINTED BY
Peggy Antone May 30, 2003 City of La Porte
8418 Collingdale
La Porte, Texas 77571
281-479-1146
713-223-1195
2 Paul Larson May 30, 2002 City of La Porte
406 4th Street North
La Porte, Texas 77571
(281) 842-7441 (hm)
(713) 947-6606 (wk)
3 Alton Porter, Chairman May 30, 2003 City of La Porte
10442 Catlett
La Porte, Texas 77571
(281) 471-8377 (hm)
(281) 482-7007 (wk)
4. Horace Leopard July 12, 2002 City of La Porte
3202 Lazy Pine
La Porte, Texas 77571
(281) 471-3746 (hm)
(713) 947-8023 (wk)
5 Norman S. Cook May 30, 2003 City of La Porte
228 W. Main
La Porte, Texas 77571
281-471-2210 (wk)
6 Lindsay R. Pfeiffer July 12,2002 City of La Porte
602 S. Nugent
La Porte, Texas 77571
281-481-6650 (hm)
281-471-4222 (wk)
7 David Webb May 30, 2003 La Porte ISD
301 E. Fairmont Parkway
La Porte, Texas 77571
(281) 604-7045
8 Chester Pool July 12, 2002 City of La Porte
l7l0 A1vy
La Porte, Texas 77571
(281) 471-5575 (hm)
(281) 470-1506 (wk)
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Page 2 of La Porte Redevelopment Authority
9
John Black
P.O. Box 1414
La Porte, Texas 77571-1414
(281) 471-1234
May 30, 2003
Harris County
Per Articles ofIncorporation and the Bylaws of the La Porte Redevelopment Authority, an appointment of
a Director to the Reinvestment Zone #1, City of La Porte, Texas constitutes an appointment to serve as a
Director of the La Porte Redevelopment Authority.
Directors of the Authority shall be appointed by the Mayor of the City with the consent and approval of the
City Council and shall be the same persons appointed to the corresponding position of the Board of the La
Porte Reinvestment Zone.
Each taxing unit appointment as a Director to the La Porte Reinvestment Zone shall also constitute a
nomination of such person to the Redevelopment Authority.
The term of each Redevelopment Authority position shall be coterminous with the corresponding position
on the Board of the La Porte Reinvestment Zone.
The Mayor of the City shall always appoint the Chairman of the Redevelopment Board for the term
designated by the City.
Revised 7/01
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APPLICATIONS/RESIGNATIONS
c '. C~y CW1f/Cle
TO' f; l--t I ~~~
CJ r P3~Y'-'-{ 0
Honorable Mayor Norman Malone
604 West Fairmont Pkwy
La Porte, TX 77571
e
RECEIVED
June 18, 2002
JUN 2 J. 2002
CITY SECRETARY'S
OFFICE
Regarding: Resignation from Planning and Zoning Commission
Dear Mayor Malone,
With much regret, effective immediately, I hereby resign from my position as a
commissioner of the La Porte Planning and Zoning Commission,
My involvement with this commission has been very enlightening and rewarding. I have
enjoyed working with the Commission and hope that my contributions have positively
contributed to the betterment of our fme City.
My resignation is due to conflicting schedules between my duties as a Planning and
Zoning Commissioner and my current career opportunities with associated travel
assignments.
Sincerely,
J11a. W~ ~
Melton A. Wolters
10703 North Ayenue H
La Porte, TX 77571
(281) 471-1527
Cc: Robert Herrera, La Porte City Manager
Betty Waters, Chairperson - La Porte Planning and Zoning Commission
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City of La Porte
Established 1892
TO: Mayor / City Council
FROM: Councilman Alton Porter
March 5, 2002
SUBJECT: TIRZ Board Appointme!,t
As you are all aware I am not seeking re-election to the council in this election. I want to
remain an active participant in the affairs of the City and feel I can still make contributions in
various capacities. It is with this in mind that I would like for you to consider to allow me to
continue to serve in the capacity as Chairman of the TIRZ Board. I have one year remaining
on this term and would like to complete it if you will allow. The position is not required to be
held by a "sitting" councilman, however, if you believe that it is important to have the slot
filled by a councilman I certainly understand and will hold no hard feelings towards anyone.
I have enjoyed working with each and every one of you over the past years. We have
accomplished a lot of good / great things for this city but there is a lot of work left. Keep
moving forward and thanks for your consideration.
~k.r~
Alton E. Porter
City Councilman at-Large "B"
cc. R. Herrera
J. Joerns
P.O. Box l115 . La Porte, Texas 77572-1ll5 . (281) 471-5020
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CITY OF LA PORTE
APPLICATION FOR CITY BOARDS I COMMISSIONS
NOTE:
As an applicant for a City Board or Commission, your name, address and phone
number will be available to the press and the public. All other information will remain
confidential. You will be contacted before any action is taken on your appointment.
Incumbents whose terms expire are automatically considered for reappointment, upon
request, A member who is absent for more than 25 % of called meetings, for other than
medical reasons, will be subject to removal by City Council. Final decisions on
appointment and reappointment of members of Boards and Commissions rests with the
City Council. APPLICANT M1JST BE A CITIZEN OF THE UNITED STATES; A
RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN
THE CITY OF LA PORTE. l.\1EMBERS OF THE PLANNING AND ZONING
COMMISSION rvruST ALSO BE RESIDENTS OF ONE OF THE CITY
COUNCIL DISTRICTS FROM wmCH THEY ARE APPOINTED.
Name: 'P:>e.Y\1 ~Y'd
1="1' V' ~ ~
Address: 3 J I 5"
City: l~ Yo y te.
DATE: '7- 1/4 /2.000
Phone (H)(Z81) 4~1-1-2.53Z.
(W)(:1-I~) 401- 'Hz. i
Please tvne or print clearly
Are you a registered voter in the La Porte City limits?:
or N
Did you vote in the last City election?:
CD
or
N
Please indicate your "{>reference by number. 1-2-3. etc.
ID
ADVISORY BOARDS AND COMMISSIONS
\ Airport Adyisory Board
'1- Fire Code Review Committee
DECISION MAKING BOARDS AND COMMISSIONS
'7. Planning and Zoning Commission
<{ Zoning Board of Adjusnnent
S- Civil Service Commission
SEP ARA TE LEGAL ENTITIES
.fo La Porte Area Water Authority @_ TA)( :fNCrem.f'tlT f.e; tVuesr-rn eftJj
un -e. (TI/22)
I the undersigned am interested in serving on one of the above Boards I Commissions
as indi,ted. J
~!:Z ( , 1- / Ii (,~u'-'o
Revised April 1999
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BACKGROUND
EDUCATION ~ /.J1/
~ J../7I.I/)'~ c.:e/f)(-e..I.", L I
INSTITUTION CITY AND STATE . DATE lAST ATTENDED MAJOR
I
w
Professional Background: ~~ ~CUYlA{ a ~ c--y
vtJ J 11. <L vtoU.iA Vo~ ~ :t 111 ,",Ll~ ~r~ V"Lc, jei/h 1~ 'LOO:.::>.
Community Activities / Hobbies: ?v-e-';i'Jo 1..1. r t?C{.VI "';;>L'U (.. "'re yrq c. (: 5&( bJ/ '..A.t.,lC/V\.
~~TG~' . /
~. otL<C/( ~k -=csf\ I--fO(~ ~1l~h.~J) Pt V "'?~c../CNU'~<?.
I fJ ncJ J 'u.-y ~ k \~ ,
References: (include address and phone number)
1. C. '( 0 '-'- '^.~ 2. f 4 '<-ILL) 11\ .,-fe( ~ (?~ I ')
2, . 300 C~U 1..'3 \
3. \)< \,(4.. (.
Additional Pertinent Information: cl:lA '-' "A ~ '-Lx" fu k.u- u tz; ~UA. J,ult.{i> ~tL~-,'r-
-t~ '\\ [/\" \ v-.. 4 Jd tl '-'- \ VV\. ( ).~ oil I 2.\ b (vPVt ~ I' fA<- e... ') ':;7 ~ Z ,... t/U'f f1..l./Y1( ~
) / '
( (v}1A. Yvo-vI.hk. "
Goals/Objectives: ~~~-<)c:~~~t,& c;:,~J~e,-,1::lJ:!~ ",~
~ L.{ ;-c.J~r.1.A-1 ..- /,)1 C VI u ..-, rY ('.(' I ~ l..
Attachments: ~ YES NO.
You are welcome to attach additional information, such as, g, letters, certifications, etc, that further
descnoe your professional and personal background.
Please return this form and any attachments to:
City of La Porte
City Secretary's Office
PO Box 1115
La Porte, Te."CaS 77572-1115
Revised April 1999
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CITY OF LA PORTE
APPLICATION FOR CITY BOARDS / COMMISSIONS
Please type or print clearly
As an applicant for a City Board or Commission, your name, address and phone number
may be available to the press and the public. You have the right to request the exclusion
of certain infonnation from press and public access. All other infonnation will remain
confidential. You will be contacted before any action is taken on your appointment.
Incumbents whose terms expire are automatically considered for reappointment, upon
request. A member who is absent for more than 25% of called meetings, for other than
medical reasons, will be subject to removal by City Council. Final decisions on
appointment and reappointment of members of Boards and Commissions rests with the
City Council. APPLICANT MUST BE A CITIZEN OF THE UNITED STATES; A
RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN
THE CITY OF LA PORTE. MEMBERS OF THE PLANNING AND ZONING
COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE CITY
COUNCIL DISTRICTS FROM WHICH THEY ARE APPOINTED.
DATE: OS--Ol- !..Do'/.-
NOTE:
Name: LEG. \< H IV D
a E \()J fH~Y
l\J ~
MI
Phone (H)
(W)
Last First
Address: :> II 'J L- a j r1 e.- (0(,(..1.. r-
City:~State/Zip Code: }15 1- I
."'.
. .
Did you yote in the last City election?:
(j) or
o or
N
N
Are you a registered voter in the La Porte City limits?:
Please indicate your preference by number. 1-2-3, etc.
ADVISORY BOARDS AND COMMISSIONS
Airport Adyisory Board
Fire Code Reyiew Committee
DECISION MAKING BOARDS AND COMMISSIONS
~ Planning an.d Zoning Commission
~ Zoning Board of Adjustment
Ciyil Service Commission
SEP ARA TE LEGAL ENTITIES
La Porte Area Water Authority
3 Other
I the undersigned am interested in serving on one of the above Boards / Commissions as
indicated.
~~~/:;d'
11~ I~~o~
Date
Revised April 1999
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BACKGROUND
INSTITUTION
EDUCATION
CITY AND STATE DATE LAST ATTENDED
MAJOR
--
1:::
?<:::i:..7~ c...l f.. vOA-
c>Ll...\'~ Vt
CJb2-
''1 AI
tv So. 7a~ e-
BO(<::.. .
I I
10.> - ~oo _
~
rVClLA LC-
Ocb?/"\. -.:ry: - u~.
References: (include address and phone number)
1.
2. ~d>t~,?Jc>~ 'Z-{f FaJk- Le-! f~K. i'x (z..S)) 17-/-Z6s~-
3. tJ Cl. c.;) l "d ~ 'Tt.lA..lAeN/ P l'e.Y) OY\. 2-,3 I '2;;~:Uj)i 'Ct.9- (Z... 8 )) 1 7-) - g ~ g 8
Additional Pertinent Information: 'c.J
o;b
G,oals I Objectives: ? ~"4- c-<- 0: ~t<'J.u, ~ ~ ~ t!: I- d J )k (~ K<-< I< II .~
t LA-~./}e..... HA~ '1 QJ .J r ~t( I </LA. . (!) j,- y; uJ.. ~
, I'
Attachments: YES NO
You are welcome to attach additional information, such as, resumes, letters, certifications, etc. that further
describe your professional and personal background.
Please return this form and any attachments to:
City of La Porte
City Secretary's Office
PO Box 1115
La Porte, Texas 77572-1115
Revised April 1999
PARSONS
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Bernard N. Legrand
Technical Staff - Analyzer Specialist
RESUME
Summary
"'--"-'-'--~"-'-"'-"""'--'-""""-"""'--' .........-.........................-.........-...-...........--...................-...... ....-.....-.-..............................
Experience
More than 30 years experience in Analyzer System design and application
including field research/troubleshooting, application analysis, specification,
prpcurement, inspection, design integration, and startup. Experience ranges
from Refining, Petrochemical, and Gas Pipeline including applications / in-
stallations of GC, Mass Specs, IR's, pH, Conductiyity, TOC, TOD, Si02,
H2S, S02' NOx, O2, and numerous environmental analyzers.
1989 - Present
99update.doc
Member of Technical Staff, Analyzer Specialist, Parsons
EXXON Chemical Bay town, Texas - Research, engineering and pro-
curement, management of sub-contractors. Job included analyzer house
with GC, IR's etc., field mounted oxygen, viscosity and corrosion ana-
lyzers, ambient gas detection and SCADA system.
Venezuelan Heayy Oil Proj ect (VEH 0 P), Petrozuata - Jose, Venezuela
- Lead Analyzer Specialist for this international consortium project.
Engineering design responsibilities included specification, client inter-
face, procurement, and design integration into plant-wide DCS system
linked to an in-plant safety system.
Texaco Star Co-Gen. Project, Delaware City, Delaware - Front end en-
gineering and proposal activities, bid evaluations.
,
Kaneka, Texas Project - Malaysia Plant - Provided on site trouble-
shooting, analysis and research, engineering and procurement,
DCS/PLC integration design services on numerous trace oxygen, and
butane analyzers for clients Texas and Malaysia plant.
ARCO Chemical- Bayport, TX - Analyzer application, design, specifi-
cation, and procurement for monitoring/control ofTBHP process. In-
cluded Gas Chromatograph, oxygen paramagnetic, LEL, Oxygen defi-
ciency, and pH analyzers integrated into a single prefabricated analyzer
building.
Technical Specialist, Principal; Analyzers
Exxon Company USA - Bay town, TX - Selection, specifications, system
procurement and integration of barge loading and water treating analyti-
1 of 5
PARSONS
99update.doc
e
e
Bernard N. Legrand
Technical Staff - Analyzer Specialist
RESUME
cal equipment. Analyzers included Paramagnetic Oxygen, pH, Conduc-
tivity, Silica, Turbidity, Dissolved Oxygen, etc.
ISK - MIO Cedar Bayou - Houston, TX - Selection, specifications, sys-
tem procurement, installation, start-up and integration of grass root
analyzer system into DCS, pH, Conductivity, Electro-chemical Oxygen
process and personnel protection, TC Hydrogen, LEL detectors and den-
sity. Follow-up includes system basis customizing and de-bugging of
original equipment inclusive of instrumentation and small pumps.
Quantum Chemical - LaPorte, TX - Selection, specifications, system
procurement, installation of an entirely new analyzer, Mel in the ppb
range. Research and specifications for water in hot acetic acid, NDIR
analyzer with multiple fiber optic front end signal transmission.
ISK - Biosciences Cedar Bayou - Houston, TX - Modification and up-
grading of existing installation with new analyzers such as moisture,
corrosion, HCI, C 12, Concentration, pH, etc. Scope includes selection,
specifications, system procurement and integration of these new analyz-
ers into a new DCS.
Shell Oil Company - Deer Park, TX; Norco - Taft, Louisiana and Belpre
Ohio - Refinery/petrochemical additions and revamps, over 20 projects.
Selection, specifications, system procurement and integration, installa-
tion, and start-up of process analyzers. From gas chromatographs to
physical property analyzers, including wastewater and other environ-
mental analyzers such as pH, Conductivity, TOC, TOD, SiO? etc., H2S,
. -
S02' NOx, O2, some analyzers being used for close loop control and
historical data gathering.
ARCO Chemical - Bayport, TX - Selection, specifications, system pro-
curement and integration, installation, start-up of environmental analyz-
ers for wastewater and nitrogen blanketing system.
Hoechst Celanese - Bayport, TX - New process analyzers; specified,
procured and installed, paramagnetic oxygen, UV /IR spectrophotome-
ters and gas chromatographs.
Citgo - Lake Charles, LA - Refinery, sulfur recovery unit, new installa-
tion. Process and environmental analyzers; specified, purchased and in-
stalled gas chromatographs and physical property analyzers. Clauss
Unit sulfur plants with typical analyzers such as gas chromatograph for
air demand, H2S, S02' NOx, O2, for environmental or close loop control.
2 of 5
PARSONS
1988 -1989
1983 -1987
99update. doc
e
e
Bernard N. Legrand
Technical Staff - Analyzer Specialist
RESUME . .
All the above projeCts required integration in new or existing DCS such as
Honeywell TDC 3000 via dedicated data highway (Modbus) and/or via
analog signals from diyerse analyzers.
Champlin Oil (now Citgo) - Corpus Christi, TX
Himont - Bayport, TX and Lake Charles, LA
Witco - Ponca City, OK
Refinery and petrochemical, revamp and new installation. Diverse process,
safety and environmental analyzers, from specification to start-up.
Project Engineer/Manager, Texamation Engineering, Inc. - Pasadena, TX
MWKlShell - Odessa, TX - Instrumentation and analyzer revamp of re-
finery with Honeywell TDC-3000 DCS - Specified, engineered, de-
signed, fabricated, and transferred to client an analyzer DCS (AAI
based).
MWKlChemwaste - Port Arthur, TX - High Temperature Incinerator for
Hazardous Waste - Specified, engineered, designed, fabricated, and
transferred to client a complete analyzer package (shelter with 15 inte-
grated analyzers and stand-alone EP A monitoring and control station).
S.I.P./Shell - Deer Park, TX - Anaerobic Project - Engineered, fabri-
cated, and transferred to client a package analyzer system (12 modular
units ).
John BrownJdu Pont - La Porte, TX - Phosgene Plant - Monitoring and
control of CO, CO2, and H2 streams.
Jacob/Shell - Martinez, CA - Update of existing analyzer system with
new hardware.
FMC Corp. - PasadenalBayport, TX - Adapted lab instrumentation
(NIR) to process control with PC (Compaq 286). Specified, engineered,
and fabricated stream switching sample and interface systems.
I.T.1. (Brown & Root) . Houston, TX
Shell - Deer Park, TX - Responsible for maintenance of a DCS com-
puter based analyzer system interfacing with ModcompN AX control
system (approx. 200 units).
3 of 5
PARSONS
1979 - 1983
1976 -1979
1966 - 1976
99update.doc
e
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Bernard N. Legrand
Technical Staff - Analyzer Specialist
RESUME . .
Shell - Deer Park, TX - DU-2 Unit - Start-up and maintenance of control
analyzer system, micro-processor based interfacing with Honey-
wellN AX DCS for refinery.
Te,xamation Engineering, Inc. . La Porte, TX
Mobil Oil & Chemical - Beaumont, TX - LLDPE (Unipol) Project - Co-
ordinated with Stern & Rogers in designing/engineering of the analyzer
portion of this new project. Checked out and recommended modifica-
tions, transferred to client, and start-up of the package (GCs, Moist., O2,
I.R., etc.). Interfaced with Honeywell TDC-2000 thru Foxboro 935
DCS. Trained Saudi nationals on digital control and analyzer system.
Exxon Chemical Americas - Mont Belvieu, TX - LLDPE (Unipol) Proj-
ect - Same as above with Brown & Root.
Dow Chemical (formerly Upjohn Chemical) - LaPorte, TX/Estareja,
Portugal - Iso-Cyanate Project (Iso-Por) - Engineering, design, con-
struction, and check out in La Porte. Start-up of the analyzer system in
Portugal (CO, CO2, CH4, H2S, Moist., etc.), plant equipment, and gen-
eral instrumentation (Foxboro Spec 200).
Shell Oil - Norco, LA - OP-5 Project - Engineering, design, construc-
tion, check out, and start-up of the analyzers in the olefin unit (approx.
200 units of very diverse makes).
Exxon Chemical - Bay town, TX - Responsible for the utilities portion of
the project: analyzers (02, Turb., PH, Cond., Opacity, etc.), Allen-
Bradley PLC, and Forney BMS.
Phillips Petroleum. Odessa, TX; Chatam, AL; Bartlesville, OK
Pneumatic and electronic instrumentation. Process analyzers, NGL
plant and pipe line analyzers (GC, I.R., H2S, Mass Flowmeter, etc.).
Loop design for absorption and cryogenic NGL skid unit (Foxboro,
Taylor-Barton). Maintenance and installation of AAI gas chromato-
graphs.
The EI Paso Co. (formerly Rexall Chem./Dart Ind.) . Odessa, TX
HPLDPE and PP units - Research and development, applica-
tions/modifications of analytical procedures concerning the following:
4 of 5
PARsor~5
e
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Bernard N. Legrand
Technical Staff - Analyzer Specialist
RESUME . .
Atomic absorption spectroscopy, UVNIS, IR/NIR spectroscopy,
GCIGLC, NMR and Mass Spec.
Design system for atmospheric monitoring of solyents (IP A/Heptane)
, with GC, used in process for a Norwegian company.
Education & Professional Affiliations
99update.doc
Lycee d'Angouleme, Uniyersite de Poitiers, France
(Philosophy , Languages)
Odessa College, UTPB (Ins!. and Controls, Computers)
Board Member - ISA Analytical Division - Channel Section
5 of 5
e
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CITY OF LA PORTE
APPLICATION FOR CITY BOARDS / COMMISSIONS
NOTE:
As an applicant for a City Board or Commission, your name, address and phone number
may be available to the press and ,the public. You have the right to request the exclusion
of certain information from press and public access. All other information will remain
confidential. You will be contacted before any action is taken on your appointment.
Incumbents whose terms expire are automatically considered for reappointment, upon
request. A member who is absent for more than 25% of called meetings, for other than
medical reasons, will be subject to removal by City Council. Final decisions on
appointment and reappointment of members of Boards and Commissions rests with the
City Council. APPLICANT MUST BE A CITIZEN OF THE UNITED STATES; A
RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN
THE CITY OF LA PORTE. MEMBERS OF THE PLANNING AND ZONING
COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE CITY
COUNCIL DISTRICTS FROM WmCH THEY ARE APPOINTED.
Name:
~lY\.a L>-\'ST
,
~o. "/l{~\
WI
Please type or print clearly
MI
Are you a registered voter in the La Porte City limits?:
,157(
CV
or
N
Did you vote in the last City election?:
(!) or
N
Please indicate your preference by number, 1-2-3, etc.
ADVISORY BOARDS AND COMMISSIONS
t.f Airport Advisory Board
Fire Code Review Comrr1ittee
DECISION MAKING BOARDS AND COMMISSIONS
I. Planning and Zoning Commission
~ Zoning Board of Adjustment
_"? Civil Service Commission
d
SEP ARA TE LEGAL ENTITIES
La Porte Area Water Authority
Other
terested in serving on one of the above Boards / Commissions as
6 -/1-0/
Date'
Revised April 1999
e
e
BACKGROUND
I
INSTITUTION
EDUCATION
CITY At"'ID STATE DATE LAST ATTENDED
MAJOR
uu~~ rTx:
/Joe
I+\(j. '&5
lqZ
EdCJ('1 +dYl
U nde'1nJ,
fA/ /l1cc
~'{ad r
Professional
L'Ic-:.eV\
P.asi
References: (i.qclude address and phone num~er) ,
1. '"DaVtcA '"1) ,...C\.~~ - rn~Clp~ I LPHs %/ 0a4- 75'0)
2. 'Rtc.k.,-J Skcd~ I( - ~1'"~t;1, ~ 5'rlyer<"~'- R<<eH-; 'll""">" <)2t- /91"2-
3. tD A J <;- i.,r,~ f~ - fh.,* 0' l"C ; pt; ! L P ;-Is '?~I (cCJ Y - 7 ~(J /
---10
Goals / .objectives:
v~ fJ... 7 :c.. r-,.,. i".
<< s~t' s 1-
~~
~ ~r+'e
t:' n V"- iIV"I \.A k ; i,-,
I
C-V\1
I
Attachments: YES
You are welcome to attach additional information, such as, resumes, letters, certifications, etc. that further describe
your professional and personal background.
~O
Please return this form and any attachments to:
City of La Porte
City Secretary's Office
PO Box 1115
La Porte, Texas 77572-1115
Revised April 1999
e
e
CITY OF LA PORTE
APPLICATION FOR CITY BOARDS / COiMMISSIONS
NOTE:
As an applicant for a City Board or Commission, your name, address and phone
number will be available to the press and the public. All other information will remain
confidential. You will be contacted before any action is taken on your appointment.
Incumbents whose tenns expire are automatically considered for reappoinanent, upon
request. A member who is absent for more than 25 % of called meetings, for other than
medical reasonS, will be subject to removal by City Council. Final decisions on
appointment and reappointment of members of Boards and Commissions rests with the
Ciry Council. APPLICANT MUST BE A CITIZEN OF THE UNITED STATES; A
RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN
THE CITY OF LA PORTE. M:EM:BERS OF THE PLANNING Ai'll) ZONING
COMMISSION l'vfUST ALSO BE RESIDENTS OF ONE OF THE CITY
COUNCIL DISTRICTS FROM WInCH THEY ARE APPOINTED.
Please tvue or orint clearlv
DATE: 5- //-0 )
Phone (H) 281-q3C)-b5~7
(W) '2E1-CJ3t) -c)507
Name: Bit R RETe A N i~k ~ J
Last Fim MI
Address: q 5/ t) (! A R.. LC) W L/IJ ,
City: L..;:; Poeie State/Zip Code: 7EXfts -; '757/
Are you a registered voter in the La Porte City limits?: 6)
or N
Did you yote in the last City election?: &
or
N
Please indicate your preference by number. 1-2-3. etc.
ADVISORY BOARDS AND COMMISSIONS
Airport Adyisory Board
Fire Code Review Committee
DECISION MAKING BOARDS AND COMMISSIONS
I Planning and Zoning Commission
::1 Zoning Board of Adjusnnent
Z Civil Service Commission
SEP ARA TE LEGAL ENTITIES
La Porte Area Water Authority
I the undersigned am interested in serving on one of the above Boards / Commissions
as indicated.
~ Zf~ S-//~OL
Signaw of Applic~t Date
Revised April 1999
e
e
BACKGROUND
EDUCATION
INSTITUTION CITY AND Sf A TE DATE lAST ATTENDED I MAJOR
5A/J ~A~JtJIO ~J)~ ~Sf1 DEiNA 1)(. I C(C-j5 Clv/L -
e 7ECI!NtJLtJt1
I I
y
Additional Pertinent Information: .:3 '1e;:}t16 E'"), PEIZIElVC&' /N Lk!lt5 fkeVel\/17~ AI ;:::;/C
/fl1l:JbR- Ec J!.- DEPr, SoReS /lI"F,eel!EJv6iNV 0 611. 't.-JrrEi2S I
ell} pLtJ Yet? -rHEFT" LI/lJ5~N ,;?;R- Lt'cA-L 't)uce- Dcrl.s I'Ve /)t!TIY//IIJN~
,.;:StI5feC73 .
Goals / Objectives: De-DIe/FrET -ro rilE {!o;JdJIIlIIAl!/y THE eXPL=I2/E7'J<::-E
..r I-/ftl/E 1l77.f1/NetJ /N peveLdlfiN6j. LI"9N[) t>F= I2Es/l~E/tfT/nL
Jf (!tJfl) me/c'c/I7L P126Jpe-t2./lc5.,
/
Attachments:VYES NO
You are welcome to ana.ch additional information. such as, resumes, letters, certifications, etc. that funher
describe your professional and personal background.
Please return this form and any attachments to:
City of La Porte
City Secretary's Office
PO Box 1115
La Porte, Te.'US 77572-1115
Revised April 1999
e
e
Engineering Experience
1. As a survey- engineer technician my responsibilities included the following:
a. Calculate and verify boundary of proposed subdivision
b. Design roadway and lots according to developer's and city requirements
c. Calculate all roadway and lot square footage
d. Write metes and bounds descriptions of right of ways, common areas, etc.
e. Drafting (auto-cad) of subdivision plat together with general notes
requirements
f. Preparation of plat for submittal to city or county for approval
g. Research and determine location of floodway, and flood zones of all
properties of current projects
h. Calculate and design the location of proposed utilities, storm, sanitary, water,
etc. within the easements for linear footage, and construction drawings
L Design and calculate roadway medians, intersections, etc. according to
requirements by city, county, state, etc.
J. Prepare all information from data base to directories for dO'M'lloading to data
collectors for field staking
Surveying Experience
1. As a field surveyor my responsibilities included the following:
a. Perform traverse and boundary survey of properties
b. Locate vertical control for establishing elevations according to F.E.M.A maps
c. When required locate on the ground actual location of flood zone boundary
and base flood elevation for construction purpose
d. Staking of all lot's and utilities for construction
e. Perform as-built surveys for any encroachments into ground and aerial
easements
f. Locate and verify all utilities, storm, sanitary, etc. as to the location and
elevation requirements
g. Currently self employed as a sole proprietor performing topographic and as-
built mapping for several engineering companies
e
e
CITY OF LA PORTE
APPLICATION FOR CITY BOARDS / COMMISSIONS
NOTE:
Name: /!/or(U/I7L & rhoro
Last '/ /. First
Address: cJM SOIJIA ~oo/I
City: ttl ~//e State/Zip Code: Z;
//
MI
Are you a registered voter in the La Porte City limits?:
or
N
Did you yote in the last City election?:
GJ
or
N
Please indicate your preference by number, 1-2-3, etc.
ADVISORY BOARDS AND COMMISSIONS
.s
~
Airport Advisory Board .
Fire Code Review Committee
DECISION MAKING BOARDS AND COMMISSIONS
I Planning and Zoning Commission
;Z Zoning Board of Adjustment
Sf, Ciyil Service Commission
SEP ARA TE LEGAL ENTITIES
/
_if La Porte Area Water Authority
'"
Q
f Other
I the undersigned am interested in serying on one of the above Boards / Commissions as
indicated.
~adWCc:L C/:l)/7.-1J'/C/~ /
Signature of Applicant
/jY~Od-
/
Date
Revised April 1999
e
e
BACKGROUND
EDUCATION
INSTITUTION CITY AND STATE DATE LAST ATTENDED MAJOR
San -Tcc- (}o/!e5t' (f654.den 0- ,Tr J19V /!J / f1
"7)qer fb.r K J/gl ~f Deer FbxK ,Ty j9?1
Community Activities / Hobbies: mt"fY)txor
'J;', hi r'\j Reto <;'1'<301("). Ph '/
61 d
G'r Ph
(I{(.1 h ) &<jle<:'l /CJ<lCj~
Additional Pertinent Information:
Goals / Objectiyes: -rn be fJ. (Jar f n~ rm k; nO ) d Mrfp +h~ bes+
/; 'f 1+ " b ' 'f a ' J
ell tf I Gnn e ~~L) I JrnlDS. .
Attachments: YES NO
You are welcome to attach additional information, such as, resumes, letters, certifications, etc. that further describe
your professional and personal background.
Please return this form and any attachments to:
City of La Porte
City Secretary's Office
PO Box 1115
La Porte, Texas 77572-1115
Revised April 1999
e
CITY OF LA PORTE
e
APPLICATION FOR CITY BOARDS / COMMISSIONS
NOTE:
As an applicant for a City Board or Commission, your name, address and phone number
may be available to the press and the public. You have the right to request the exclusion
of certain information from press and public access. All other information will remain
confidential. You will be contacted before any action is taken on your appointment.
Incumbents whose terms expire are automatically considered for reappointment, upon
request. A member who is absent for more than 25% of called meetings, for other than
medical reasons, will be subject to removal by City Council. Final decisions on
appointment and reappointment of members of Boards and Commissions rests with the
City Council. APPLICANT MUST BE A CITIZEN OF THE UNITED STATES; A
RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN
THE CITY OF LA PORTE. MEMBERS OF THE PLANNING AND ZONING
COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE CITY
COUNCIL DISTRICTS FROM WHICH THEY ARE APPOINTED.
<:;;/2.8/02
I
Phone (H) ';;PI- L/7/- 3'10~
(W};2%";- l./7/- 6850
DATE:
Please type or print clearly
Name: 8e//oer / hu/
Last First
Address: ...300 7 C a 1- /; 5 / e.
City:,Le /6rfe State/Zip Code: IX
[1,
Sf.MI
'77571
Q
or N
Are you a registered voter in the La Porte City limits?:
Did you yote in the last City election?:
@ or
N
Please indicate your preference by number, 1-2-3, etc.
ADVISORY BOARDS AND COMMISSIONS
Airport Adyisory Board
Fire Code Reyiew Committee
DECISION MAKING BOARDS AND COMMISSIONS
:2 Planning and Zoning Commission
I Zoning Board of Adjustment
Civil Service Commission
SEP ARA TE LEGAL ENTITIES
3 La Porte Area Water Authority
Other
I the undersigned am interested in serving on one of the aboye Boards / Commissions as
indicated.
~ C?" dt~vzLbC// 0 /..2 i? /0 c2
Signature of Applicant
Date
Revised April 1999
e
e
BACKGROUND
INSTITUTION CITY AND STATE DATE LAST ATTENDED MAJOR
.5ci1 ~~rlno 5217 f!12;-//?O, lI9 /9'-10 /U/A
Seh;O/r' H19?
Aile fit ell t.j Jt!e2d0 ;Ie I PI} /950 8rS. beoltx;y
eo//ec?E?
k/alj/7 e Sf-? Ip ()efro~f HI /YSd ;10J( Ceoibyq
Unl verSiA-t I
/ -,
EDUCATION
Professional Background: {;'e%9:5f / ,5;f'e/I'-;I ()('; 9L- /--/0/752/)10 0, 19.50< i-o
/97r:2.. f ,A-/c Cormick /0/1 .:J 6-25 ,f f1c~ Pl'eS, /972- 78 ~ Co .-
+0& (Ide ref SL-,n 6e(f E K./:J /or,,~ -I-t''D 11 /c?7,g-- /7' oS- i 177 Jeoe.f-7den T
Geoloc;/c?1 C0/75tJ /120+ /92~ b /,Oresen-r '
Community Activities / Hobbies: lJlrec-lor -- Old /L/(;, Cornmdfee
13:5 f COlrJrnodore /-1005 fo-/J Y2ch f- C)u 6
-;;e25~'rer j; BD2rd /~/efv1/Jer l3.2.u.5;de /C/-rc?Le Of/Ie ClUb
, /
References: (include address and phone number)
l.-rrd/7 5l-rolvl ;;2711 LrC5cen7-- /...cPo!'-..f--f'
2. :J817?e!s Bone .:5111 h ()( - I~ ;Gor/e
3. il/f.Y;ln/3 Mer,::,o/J -7'Vr/7e, ~3 / I3z.Cjslde
dcf/- '-170-29'3 9
.;?f" / - 47/- Zti:>Sg
:7J?! - Lf7/ - 85'gp
Additional Pertinent Information: 4c:/)eJ/'ty f)/Wne// cj res /cI ent ~ r cJ/ Y/,J~
--r- j'..- /( 1'_ If '
Goals/Objectives: /0 /J/'eS<2;-ve. r/'U!!.. CJu2/17 or:: Ltre //7
-/.;;;Cbr d?d -I--'/Le SU r-r8o/Jd/l? crees, C?5 ec/2
/-1- rela.-I-es- +0 ~ reSt"c!e//l172/ ~Hd /'7Ccre2h
C'/7 I//ror;rnenf
Attachments: YES >< NO
You are welcome to attach additional information, such as, resumes, letters, certifications, etc. that further describe
your professional and personal background.
Please return this form and any attachments to:
City of La Porte
City Secretary's Office
PO Box 1115
La Porte, Texas 77572-1115
Revised April ) 999
e
e
CITY OF LA PORTE
APPLICATION FOR CITY BOARDS / COl\1MlSSIONS
Please type or print clearly
As an applicant for a City Board or Commission, your name, address and phone
number will be available to the press and the public. All other information will remain
confidential. You will be contacted before any action is taken on your appointment.
Incumbents whose tenns expire are automatically considered for reappointment, upon
request. A member who is absent for more than 25 % of called meetings, for other than
medical reasons, will be subject to removal by City Council. Final decisions on
appointment and reappointment of members of Boards and Commissions rests with the
City Council. APPLICANT MUST BE A CITIZEN OF THE UNITED STATES; A
RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN
THE CITY OF LA PORTE. MEMBERS OF THE PLANNING AND ZONING
COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE CITY
COUNCIL DISTRICTS FROM WInCH THEY ARE APPOINTED.
DATE: ~ .J u.. t1 e 5,o;;t.
NOTE:
Name: _F', Y\G~
Last
Address: ~a \a
city:.LL~ ~orte-
])0 re;1+C\.. J"
Firs
L.oVY'Cl'i 6e-"'. ~c\.
MI
Phone (H)R8j - 411- 0 :J,Si
(W) ~ \ 0 - Cf LI h - 4Z3'19
State/Zip Code: 775'7/
Are you a registered voter in the La Porte City limits?: @ or N
Did you vote in the last City election?: (J) or N
Please indicate your preference bv number. 1-2-3. etc.
ADVISORY BOARDS AND COMMISSIONS
Airport Advisory Board
Fire Code Review Committee
DECISION MAKING BOARDS AND COM~vHSSIONS
I Planning and Zoning Commission
~ Zoning Board of Adjustment
Civil Service Commission
SEP ARA TE LEGAL ENTITIES
La Porte Area Water Authority
I the undersigned am interested in serving on one of the above Boards / Commissions
as indicated.
C'
t}Q1V ttrJ ...1 .Jvfv(.L
Signanm: of Applicant
~ 5rla~~
Revised April 1999
e
e
BACKGROUND
INSTITUTION
EDUCATION
CITY AND STATE DATE L\ST ATTENDED
MAJOR
Ll 0\ \-\
E dl.lC-tL+ ~ 0 V\
I
1. s n G:z I rs)
s
Additional Pertinent Information:
Goals / Ob~ectives:..:t'r' \ef>f"es~VL-i -the ~tll..t"h\,) of La..'Porte ~ V\
rr'\D.\rd-a.:\V\~V\~ -tv\'€ 6t-4j,~da.rd,") of .t\rte.~y- \*e6~lLk)l+h~h -t.hQ~r
"e\~hbo,ho deS.
Attachments: YES / NO
"'l.9u are welcome to attach additional information., such as, resumes, letters, certifications, etc. that further
d~be your professional and personal background.
Please return this form and any attachments to:
City of La Porte
City Secretary's Office
PO Box 1115
La Porte, Te.us 77572-1115
Revised April 1999
e
e
ATTENDANCE RECORDS
e
e
ATTENDANCE ANALYSIS
Airport Advisory Committee: Did not meet last year.
Board of Adjustment - See Attached
Civil Service Commission - City Manager Handles
Fire Code Review Committee - Did not meet last year.
La Porte Development Corporation Board - No attendance problems with any member.
La Porte Health Authority - Did not meet last year.
La Porte Water Authority - No attendance problems with any member.
Planning and Zoning - See Attached
Southeast Texas Housing Finance Corporation Board - No attendance problems.
Board of Directors City of La Porte Reinvestment Zone Number One - See Attached.
La Porte Redevelopment Authority - See Attached
City of La Porte Planning and Zoning Commission
Attendance Chart
Betty Waters 0 0 IZI 0 0 0 0 0 0 0 0
Dottie Kaminski 0 0 0 0 0 0 0
Melton Wolters 0 0 Ii] 0 0 0 0 0
Sandie Staniszewski 0 IZI 0 0 0 0 0 0 0
Michael Jetty 0 0 Ii] 0 0 1lI 0 !lI 0 0 !lI
Jim Zoller !lI 0 0 0 1lI 0 0 !lI 0
Hal Lawler 0 0 0 0 0 !lI 0 !lI 0
10/15/98
9/17/98
9/3/98
8/20/98
7/21/98
6/18/98
5/21/98
4/16/98
3/19/98
2/19/98
2/11/98
e
Betty Waters 0 0 0 0 1lI 0 0 0 0 0
Dottie Kaminski 0 0 0 0 0 0 0 0 0 0
V\elton Wolters 0 0 0 .0 0 0 0 0
Sandie Staniszewski 0 0 0 0 Ii] 0 0
Vlichael Jetty 0 0 0 0 !lI 0 !lI !lI 0 0
11m Zoller 0 0 !lI 0 0 0 0 0 0 1lI
'ial Lawler 0 0 0 0 0 0 0
8/19/99
7/15/99
6/17/99
5/20/99
4/15/99
3/18/99
3/3/99
2/18/99
1/21/99
12/17/98
11/19/98
e
~etty Waters 0 0 0 0 0 0 0 1lI !lI 0
:>ottie Kaminski 0 0 0 0 !lI !lI 0 0 0
Vlelton Wolters Ii] 0 0 0 0 0 0 0 0
>andie George 0 0 0 0 0 0 Resigned
Vlichael Jetty 0 0 Resigned
11m Zoller 0 0 0 Resigned
'ial Lawler 0 0 0 0 0 0 0 0 0 0
~oss Morris 0 0 0 0 0 I
~alph Dorsett 0
8/17/00
6/15/00
5/24/00
4/27/00
4/13/00
3/16/00
3/9/00
2/17/00
1/20/00
12/16/99
11/18/99
9/23/99
2/21/02
o
o
o
o
o
1/17/02
o
o
o
Ii]
2/20/01
o
o
Ii]
o
11/29/01
o
o
o
o
IZI
o
9/20/01
o
o
Ii]
o
o
8/16/01
o
o
o
o
o
o
7/19/01
o
o
l2l
o
o
meeting
4/19/01
o
l2l
o
o
o
Members: $10 per
3/15/01
o
o
o
o
o
o
2/15/01
l2l
o
o
l2l
o
11 /16/00
o
o
o
o
o
o
o
9/21/00
o
o
o
o
o
$15 per meeting
~etty Waters
)ottie Kaminski
Vlelton Wolters
~al Lawler
loss Morris
lalph Dorsett
)amela Baldwin
Chairperson
City of la Porte Planning and Zoning Commission
Attendance Chart
Betty Waters liJ liJ fl]
Dottie Kaminskl liJ liJ
Melton Wolters liJ ..
Hallawler liJ III liJ III
. Ross Morris 0 liJ liJ
Ralph Dorsett 0
Pamela Baldwin III III liJ
5/30/02
5/16/02
(Cancelled)
4/18/02
3/21/02
--.-
e
meeting
$10 per
Members
meeting
$15 per
Chairperson
City of La Porte Zoning Board of Adjustment
Attendance Chart
Sidney Grant 0 III III 12) III 0 12) III
Bob Capen 12) III 0 0 0 III 12)
Rod Rothermel 0 0 0 0 12) fZl
Willie Walker 0 0 fZl 0 0 fZl 0 0
Ruben Salinas 0 III 0 0 0 0
Charles Schoppe (Alf. 1) . 0 III III 0 III [2) 12)
George Maltsberger (A If. 2) 12) 12) 12)
1/24/02
7/12/0
5/24/01
3/22/01
0/12/00
6/1/00
2/24/00
1/27/00
e
e
e
e
llJ
bQ
Authority Attendance Chart
ba
lZf
8/1/200215/15/2002
2J 1Zr
- 1Zr
o '0
o 0
o 0
o Jil
121"
'2f -
o 12f
and La Porte Redevelopment
/29/2000
lZl
J2f
l2r
o
l2l
IZI
l2l
l2l
l2l
l2l
l2l
11
8/25/1999
lZJ
1Zf
l2l
l2l
o
l2l
o
City of La Porte TIRZ #1
8/4/19991 8/11/1999
1Zr
l;Zf
lil.
lZI
o
o
o
fZI
Peggy Antone
Paul Larson
Alton Porter
Horace Leopard
Norman S. Cook
Lindsay Pfeiffer
David Webb
Chester Pool
John Black
Deotis Gay*
Guy Rankin*
* Term has expired and
was been replaced after
11/29/00 meeting
e
MEETING HANDOUTS
e
20
Moroney, Beissner & Co., Inc.
Financial Advisor to the City
this page intentionally left blank]
s not intended to be a complete statement of the City's
A complete Audit Report is available upon request to:
This information
financial condition.
Null Lairson. P.c.
Houston, Texas
The information contained on the following pages are excerpts from the
financial section of the City's Audit Report for the fiscal year ended
September 30, 200 I, as prepared by:
e
-
e
AUDIT REPORT
e
e e
WATERWORKS & SEWER SYSTEM REVENUE BONDS
DEBT SERVICE REOUlREMENT SCHEDUL~
FYE Total
9/30 Principal Interest Requirements
2002 $625,000 $133,775 $758,775
2003 625,000 10 1 ,463 726,463
2004 580,000 71,293 651,293
2005 565,000 43,161 608,161
2006 270,000 22,713 292,713
2007 125,000 13,563 138,563
2008 125,000 8,156 133,156
2009 125,000 2,719 127,719
[rest of page intentionally left blank]
19
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21
8
The City currently owns and operates one waste disposal treatment plant. The plant can treat 4.2 mgd and
of approximately 42,000.
is sufficient to serve a population
The City currently receives 90% (up to 4.2 million gallons per day (mgd) of its water from the La Porte Area Water Authority. (See "LA
PORTE AREA WATER AUTHORITY".) The remaining 10% of water is derived from seven water wells the City owns and operated
that have a total capacity of 8,7 mgd. The City's water storage facilities include seven ground storage tanks and three elevated storage
tanks having a total combined capacity of 3.2 million gallons. The City water supply facilities are adequate to serve a population of 60,000.
WATERWORKS AND SEWAGE TREATMENT FACILITIES
Multifamily, Mobile
and Industrial
Volume of sewage treated
Single Family Residential
Over 2,000 gallons
Usage Charge:
First 2,000 gallons
Minimum charge as above
Commercial and Industrial
$16.95 to $326.95, depending on size of meter
utilized to measure service
Multifamily and Mobile
Minimum Charges:
Single Family Residential
Sewer Service:
Over 25,000 gallons
Next
Next 8,000 gallons
Usage Charge:
First 2,000 gallons
Minimum charge as above
Commercial and Industrial
$9.35 to $512.80, depending on size of meter
utilized to measure service
Water Service:
Multifamily and Mobile Home Parks
Minimum Charges:
Single Family Residential
-
Home Parks and Commercial
is based on percentage of water purchased as follows:
85% of water volume each month with monthly cap
of$27.50
$2.48 per
,000 gallons
Home Parks
$5.75 per
$5.52 minimum
15,000 gallons
$2.65 per
$2.30 per
$2.08 per
$5.35 per
$6.00 minimum
WATER AND SEWER RATES
(All customer are billed monthly)
85% of water volume billed each month
iving unit
,000 gallons
,000 gallons
,000 gallons
iving unit
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22
e
e
UTILITY DEPARTMENT
(As of 5/31/02)
$2,415,000
Waterworks and Sewer System Revenue Bonds currently outstanding
$625,000
5.678.627
$6,303,627
Debt Service Fund & Reserve Fund
Operating Fund.
Total. .
Special Fund Balances
WATERWORKS AND SEWER SYSTEM REVENUE BONDS AUTHORIZED BUT UNISSUED
Authorized
But Unissued
Previously
Issued
Amount
Authorized
Date of
Authorization
Purpose
$225,000
1.025.000
$1,250,000
$575,000
7.525.000
$8,100,000
$800,000
8.550.000
$9,350,000
Waterworks System
Sewer System
6/15/85
6/15/85
WATERWORKS AND SEWER SYSTEM OPERATING STATEMENTS
Fiscal Year Ended September 30
Audited, from City's Annual Financial Re
1997
$6,106,337
4.119.583
$1,986,754
ort
1998
$8,086,566
5.954.463
$2,132,103
1999
$8,103,804
6.151.609
$1,952,185
2000
$6,498,097
4.764.065
$1,734,032
2001
$5,710,288
4.668.797
$1,041,491
Revenues
Expenses
Available for
Debt
Debt Service
Coverage of Maximum Annual
Service Requirement (2002)
2.62X
2.81X
2.57X
2.29X
.37X
Coverage of Average Annual Debt
Service Requirement (2002-2009)
4.62X
4.96X
4.54X
4.04X
2.42X
CUSTOMER COUNT
Fiscal Year Ended September 30
Audited, from City's Annual Financial Report
1997
9,591
9,299
1998
9,843
9,817
1999
10,087
9,956
2000
10,197
9,914
2001
0,546
0,245
Water
Sewer
Consumption
In Gallons
TOP TEN WATER CUSTOMERS
267,077
155,690
143,690
122,740
95,420
90,560
66,278
64,050
57,953
57,502
e of Business
Mobile Home Park
Chemical Plant
Mobile Home Park
Apartments
Apartments
Mobile Home Park
Motel
Apartments
Chemical Plant
Mobile Home Park
17
T
Customer
Pecan Plantation
Chemline Corp.
Forestview Mobile Park
Harbor Bay Apts.
Vista Baywood Housing
Pecan Villa Mobile Home Pk
La Quinta Motor Inn
Green Oak Apts.
PPG Industries Inc.
Oakpark Trailer Park
Balance of Cash and
Investments
Excess of Revenue Over
Expenditures
16
[rest of page intentionally left blank]
$22 268 597
$1253513
$8 266.553
$21.335 272
$539.345
$6 586 333
$20.035 333
$1.497641
$7 229.445
$18940960
$2.253 423
$8 972.2753.
$17660952
$1.603 800
$7.171390
Total Expenditures
Expenditures:
Fire Department
Police Department
Administration
Finance
Public Works
Community Development
Parks & Recreation
$2,953,870
6,410,450
2,333,994
1,630,809
4,766,586
1,114,689
3.058.199
$2,758,001
5,886,308
2,232,576
1,769,497
4,716,596
1,027 ,998
2.944.296
$2,561,745
5,280,675
2,160,598
1,709,615
4,617,505
1,025,471
2.679.724
$2,427,804
5,044,485
1,996,976
1,665,665
4,370,681
875,280
2.560.069
$2,274,380
4,615,150
1,897,385
1,782,840
3,944,432
815,453
2.331.3 12
Total Revenues
Revenues:
Property Taxes
Franchise Taxes
Sales Taxes
Industrial Payments
Licenses, Permits &
Other Taxes
Fines & Forfeits
Charges for Services
Interest
Miscellaneous
$23522 110
313,276
561,547
2,923,504
663,706
785.494
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5'1 ~ n
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1~5 -!~t~-
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II: ~ g~~ !3~:lt~
Cl t' ~a2, :;g.:::~~~~
Q ~ .a (t).... ~ u.J .S 0 bO 0 0 "C .;1 :>.
~ 5~ e~fi&)~~.e~~a~~
~ '1 ~ .~ "3 ~ g ~ i ~ ~ ~ ~ ~ ] ~ m .~ .e ~ t 1l
., ~ ~ p., Jl ~ il '" II "J"'.g e u -0 >- il .~ 11" ~ S S ': t;:i ~ ~ ,,; .;
&) as ~ "t:I)..i UJ a ~ t 0 "t:I o....:a ~ c:a. 0 "t:I -B t)l) bO &) ~ ~ "0 V &)
;~.,p.,iJfJa~e g~~ . u~fJ'~1_a~~",,]].o-uilgu
II) v .- "t:I ~ 4) QI V U U .::l t:' (t) "t:I ~ Cd {f.I Po Cd
~~]R]R~fJ~~a~]!gu!. ~~.g~J~i~]~i~~e!"3E~~]1
QI t 0 UJ fI.I ~ s=l UJ I)Q 00 U v 0 ~ I) .~ 0 .~ ~ t":I _ c:: c u 0 UJ > .... 0 x
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24
$21874617
382,496
407,459
3,147,031
610,079
339.678
$21 532.974
395,631
479,363
2,996,774
467,769
242.573
$21 194 383
474,093
617,432
2,552,849
637,025
207.612
$19264 752
420,503
427,305
2,567,400
549,943
215,803
$8,221,996
1,835,121
1,910,997
6,306,469
$7,492,380
1,480,901
1,706,383
6,308,210
$7,334,939
1,450,608
1,668,319
6,496,998
$7,047,690
1,345,706
1,551,648
6,760,328
$6,783,420
1,265,058
1,394,380
5,640,940
2001
The following summary of Revenues, Expenses and Balances of Cash and Temporary Investments for the General Fund operation were
taken from the City's annual audit reports as prepared by Null Lairson in 1997, by WhitePetroveMcHone in 1998 and 1999, by Baird,
Kurtz & Dobson in 2000, and by Null Lairson in 2001.
Fiscal
2000
Year Ended September 30
1999
1998
1997
GENERAL FUND REVENUES. EXPENDITURES AND BALANCES
e
FIVE YEAR HISTORY
e
e
e
Outstanding
Debt
$16,310,000
14,720,000
13,230,000
11,900,000
11,205,000
10,510,000
9,815,000
9,120,000
8,425,000
7,705,000
6,985,000
6,265,000
5,545,000
4,825,000
4,105,000
3,385,000
2,665,000
1,945,000
1,350,000
1,080,000
810,000
540,000
270,000
o
PRINCIPAL REPAYMENT SCHEDULE
New Total
$1,685,000
1,590,000
1,490,000
1,330,000
695,000
695,000
695,000
695,000
695,000
720,000
720,000
720,000
720,000
720,000
720,000
720,000
720,000
720,000
595,000
270,000
270,000
270,000
270,000
270,000
New Tota
less Sales Tax
Supported Debt
$2,007,985
2,148,118
1,929,389
1,701,640
1,018,500
986,688
955,656
925,875
897,913
895,650
867,650
839,475
811,453
783,781
756,219
728,656
701,094
673,531
523,625
330,750
317,250
303,750
290,250
276,750
The Bonds,
Series 2002
$270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
VIREMENT SCHEDULE
Sales Tax
Supported Debt
Included in Total
$311 ,550
301,050
290,550
280,050
269,550
259,050
248,550
238,050
228,900
221,250
213,750
206,250
198,750
191,250
183,750
176,250
168,750
161,250
153,750
Present
Total
$1,685,000
1,590,000
,490,000
,330,000
425,000
425,000
425,000
425,000
425,000
450,000
450,000
450,000
450,000
450,000
450,000
450,000
450,000
450,000
325,000
FYE
9/30
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
New Total
$2,319,535
2,449,168
2,219,939
1,981,690
1,288,050
1,245,738
1,204,206
1,163,925
1,126,813
1,116,900
1,081,400
1,045,725
1,010,203
975,031
939,969
904,906
869,844
834,781
677,375
330,750
317,250
303,750
290,250
276,750
Total
$315,000
270,000
270,000
533,250
519,750
506,250
492,750
479,250
465,750
452,250
438,750
425,250
411,750
398,250
384,750
371,250
357,750
344,250
330,750
317,250
303,750
290,250
276,750
15
ESTIMATED DEBT SERVICE RE
The Bonds, Series 2002
Principal Interest *
$315,000
270,000
270,000
263,250
249,750
236,250
222,750
209,250
195,750
182,250
168,750
155,250
141,750
128,250
114,750
10 1 ,250
87,750
74,250
60,750
47,250
33,750
20,250
6,750
*Interest rate of 5.00% used for purpose of illustration.
$270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
Present
Total
$2,319,535
2,134,168
1,949,939
1,711,690
754,800
725,988
697,956
671,175
647,563
651,150
629,150
606,975
584,953
563,281
541,719
520,156
498,594
477,031
333,125
FYE
9/30
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
- e
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25
Solvay Polymer
San Jacinto College
Du Pont
La Porte LS.D.
AKZO Nobel
City of La Porte
Hickham Industries
Dow Chemical
Fina Oil & Chemical
Geon Company
14
PVC Plastic Chips
Education
Industrial Chemical Polymer
Education
Catalyst Polymers
Municipality
Turbine Manufacturing
Manufacturing
Plastic
Chemical Manufacturing
1,100
1,142
1,000
987
500
377
270
250
300
180
Company
PPG Industries Inc.
Conoco Inc.
Equistar Chemicals LP
Reliant Energy/HL&P
Solvay Polymers Corp.
Occidental Electrochemical
Dow Chemical Co.
Atofina Petrochemical Inc.
Oxy Vinyls LP
Dupont Dow Elastomers LLC
PPG Industries Inc.
ICO dba Bayshore
Rohm & Haas Bayport Inc.
Hickham Industries Inc.
Fairmont Oaks Apts. LP
Aristech Chemical Corp.
Solvay Interox
Southwestern Bell
Lubrizol Corp - Bayport
Air Products Inc.
Total Assessed Valuation of Principal Taxpayers........ ..... ......
Principal Taxpayers as percent of City's 2001 Assessed Valuation.
Taxpayer
t
T
TWENTY MAJOR TAXPAYERS
T
TEN MAJOR EMPLOYERS
Industrial/Chemical
Industrial/Chemical
Industrial/Chemical
Utility
Industrial/Chemical
Industrial/Chemical
Industrial/Chemical
Industrial/Chemical
Industrial/Chemical
Plastics Plant
Industrial/Chemical
Industrial/Chemical
Industrial/Chemical
Industrial/Chemical
Apartments
Industrial/Chemical
Industrial/Chemical
Utility
Industrial/Chemical
Industrial/Chemical
,
2001
Assessed
Valuation
e e
~ .-4~OO 0\ C"')C"') 6' oOO'ss~ N 0\ \0 I.(") N 0\ N
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26
e of Business
No. of
Emplovees
$63,253,500
48,464,430
45,240,940
44,673,030
37,068,510
32,582,120
20,689,240
20,215,320
19,717,000
15,954,160
13,943,470
11,749,630
11,611,100
10,296,900
10,188,880
10,022,450
9,729,250
9,242,350
8,398,070
8.062.380
$451,102,730
29.99%
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$4,000,000 $2,500,000 $-0- $1 ,500,000( I)
2,500,000 2,000,000 -0- 500,000( I)
7,700,000 -0- -0- 7,700,000
3,500,000 -0- 3,500,000 -0-
3,200,000 -0- -0- 3,200,000
1.900.000 -0- 1.900.000 -0-
$22,800,000 $4,500,000 $5,400,000 $12,900,000
(I) It is not likely that the Attorney General of Texas would approve the issuance of these bonds because the project has been
abandoned or completed.
Expenditures of the various taxing entities within the territory of the City are paid out of ad valorem taxes levied by such entities on
properties within the City. Such entities are independent of the City and may incur borrowings to finance their expenditures. This
statement of direct and estimated overlapping ad valorem tax debt ("Tax Debt") was developed from information contained in "Texas
Municipal Reports" published by the Municipal Advisory Council of Texas, and other sources. Except for the amounts relating to the City,
the City has not independently verified the accuracy or completeness of such information, and no person should rely upon such
information as being accurate or complete. Furthermore, certain of the entities listed may have issued additional Tax Debt since the date
hereof, and such entities may have programs requiring the issuance of substantial amounts of additional Tax Debt, the amount of which
cannot be determined. The following table reflects the estimated overlapping Tax Debt.
e
e
o
N
M
.,.;
S:!
LIMITED TAX BONDS AUTHORIZED BUT UNISSUED
Date of
Authorization
Previously
Issued
This
Issue
Purpose
Amount
Authorized
..,
6/15/85
6/I 5/85
2/02/02
2/02/02
2/02/02
2/02/02
Sanitary Land Fill
Street Improvements
Police Department
Wastewater Treatment Plant
Baseball Complex & Park Imprv.
Fire Station
.....
.....
o,
N'
..,
00
;g
N
TAXPAYERS BY CLASSIFICATION
..,
Classification
2001
Assessed
Valuation
Percent
of Total
2000
Assessed
Valuation
00
o
00
..;
on
Commercial & Industrial
Residential
Utility & Pipelines
Commercial & Industrial Acreage
Residential Acreage
Personal Property
Total......... ........................
$499,060, I 00
576,400,6 I 0
71,687,720
13,229,010
36,589, I 90
208.930.610
$1,405,897,240
$5 I 1,494,050
652,286,750
72,169,570
12,972,150
36,456,230
218.9/5.510
$1,504,294,270
34.00
43.36
4.80
0.86
2.42
14.56
100.00%
..,
~
"
.'"
'S:
'il
<
bO
.~
~
"t:l
~
S
.~
U
.<::
~
u
0:
o
Z
"<1"
\0
o
..;
ESTIMATED DIRECT & OVERLAPPING DEBT STATEMENT
..,
M
N
00
N'
\0
Outstanding Debt
Amount As Of
Percent
Overlapping
Political Subdivision
..,
II
=
..
!l
..
..
:-
=
....
.E
..
bIl
~
.J:l
U
...
Cl
..
..
-;;
;>
Harris County $890,829,545 04/30/02
Harris County Dept. of Education -0- 04/30/02
Harris County Flood Control District 108,994,629 02/28/02
Harris County Toll Road Bonds -0- 12/04/0 I
La Porte I.S.D. 73,325,000 02/15/02
Port of Houston Au!hority 237,405,000 12/3 I/O I
San Jacinto Comt'y College District 61,645,000 02/ J 5/02
Total Overlapping Net Debt....................... .......................... ..................
CITY OF LA PORTE....... .............................. .... ........ .... .......... ....... ... ..... .... ... ... .....
Total Direct and Overlapping Net Debt.... ................................. .............. ..... ......... . .. ...
Ratio of Total Direct and Overlapping NetDebt to 200] Assessed Valuation................................
Total Direct and Overlapping Net Debt per Capita....................................................................
Assessed Valuation per Capita...........................................................................................
0.88
0.88
0.88
0.88
32.94
0.88
5.92
oW
~
..
..
~
13
Authorized
But Unissued
Percent
of Total
35.50
40.97
5.12
0.92
2.63
14.86
J 00.00%
Amount
Overlapping
$7,839,300
-0-
959,153
-0-
24,153,255
2,089,164
3.649.384
$38,690,256
17.149.967
$55,840,223
3.71%
$1,752
$47,186
e e
T' TAX RATE DISTRIBUTION
Tax Year
2001 2000 1999 1998 1997
General Fund $0.5750 $0.5750 $0.5700 $0.5700 $0.5700
Debt Service Fund 0.1350 0.1350 0.1400 0.1400 0.1400
Total $0.7100 $0.7100 $0.7100 $0.7100 $0.7100
TAX RATE LIMITATIONS
e
e
GENERAL INFORMATION
Location
The City of La Porte covers an area of nineteen square miles located in the southeast quadrant of Harris County approximately 25 miles
from downtown Houston. La Porte is bounded on the North by the Houston Ship Channel, and on the east by Galveston Bay. The nation's
largest concentration of petrochemical plants border the City on its north and south sides.
TO DALLAS
TO ARKANSAS
2.319,535
~2
Ao
MEXICO
TO
NEW
ORlEANS
The City is a Home Rule Charter City with a maximum authorized rate for all purposes of $2.50 per $100 Assessed Valuation. This
maximum tax rate is imposed both by the Constitution of the State and the City Charter. Within this $2.50 maximum rate there is no legal
limit upon the amount of taxes which can be levied for Debt Service.
DEBT SERVICE FUND MANAGEMENT INDEX
TO
SAN ANTONlO-,lo
Debt Service Fund Balance as of9/30/0l...............................................................
$1,303,068
Debt Service Fund Tax Levy of $0.1350 per $100 of Assessed Valuation on total 200 I Assessed
Valuation of$1 ,504,294,270 at 98% collection produces.................................................
1,990,181
Budgeted transfer from EDC 4B Fund, Industrial Fund and Interest Income....................................
543,054
Available for 2002 Debt Service.............................................................. ...................... ....
$3,836,303
Less: Estimated 2002 Debt Service requirements including the Bonds...........................................
GALVESTON
BAY
Estimated Balance at 9/30/02...........................................................................................
$1,516,768
TAX ADEQUACY
1
N
'!
The following calculations do not take into consideration the estimated balance in the Debt Service Fund as of9/30/02:
",l.S.
NASA-JSC
TO GALVESTON
Maximum Year
(2003)
A verage Annual
(2002-2025)
La Porte Bavshore Area Profile
Ad Valorem Tax Supported Debt Service Requirements including the Bonds....
Debt Service Fund tax levy required per $100 Assessed Valuation on total 2001
Assessed Valuation of$I,504,294,270 @98%collection............................
$2,007,985
$902,985
$0.136
$0.61
Located some 20 miles southeast of Houston on Galveston Bay in Harris County are the three communities that make up the La Porte-
Bayshore Area: La Porte, Morgan's Point and Shoreacres. The area has a combined population of approximately 45,000, of which 33,000
are located in the City of La Porte.
CITY SALES TAX
Though much of the image of this area is industrial, the La Porte-Bayshore area is still characterized by an expanse of resort homes.
Because of this, and the metropolitan advantages of Houston, La Porte is one of the few communities in the Gulf Coast area that offers this
favorable combination.
The City adopted the provisions of Chapter 321, Texas Tax Code, which authorizes the collection of a I % City sales tax. In September of
fiscal year 1999, the City began receiving the Y, cent sales tax for Section 45. Net collections for the past ten years are as follows:
Calendar Total Calendar Total
Year Collected Year Collected
1993 $1,214,420 1998 $1,627,138
1994 1,248,093 1999 1,798,022
1995 1,389,780 2000 2,575,584
1996 1,469,954 2001 2,866,496
1997 1,361,307 As of 5/31 /02 1,983,006
Harris Countv
This 1,723 square mile county is a leading oil, gas and petrochemical area, having over $280 million average annual production of
petroleum, natural gas and natural gas liquids. Harris County is ranked as the sixth largest manufacturing county in the country; the
nation's largest concentration of petrochemical plants, the second largest United States seaport, and is a corporate management center. A
significant part of the County's major employers, manufacturers, education and financial institutions are located in Houston, the County
seat.
The Texas Medical Center, located in Harris County, is one of the nation's largest, providing medical care and educational opportunities.
Harris County's 64 hospitals have approximately 16,922 beds, of which 4,589 are in the Texas Medical Center.
Harris County's General Obligation Bonds are rated "Aa2" by Moody's and "AA" by S & P's .
12
28
t
e
e
e
$1 ,504,294,270( 1)
$12,346,517
$8,210,000
5,400,000
(1.263.483)
FINANCIAL INFORMATION
(As Of May 31, 2002)
Ad Valorem Tax Bonds Outstanding:
Presently Oustanding(2)
The Bonds, Series 2002
Less: Debt Service Fund Balance
Net Deb
00% of Actual)
2001 Assessed Valuation
ortation
State Highway 225 provides access to the City on its north side and connects on the west with Interstate 610, a multi-lane limited access
freeway which encircles the City of Houston. State Highway 146, which extends into Northeast Texas, allows access from the south
through the City. Air transportation is accessible through Houston's George Bush Intercontinental and Hobby Airports. The City-owned La
Porte Municipal Airport provides private and chartered air transportation through a fully approved FAA facility. Railway transportation is
supplied by six railroads, including the Southern Pacific Lines. There are several motor freight lines which adequately fill the need for truck
transportation. The Houston Ship Channel, which runs along the northern portion of the District, provides deep water ocean-going
transportation from the Intracoastal Canal to the Port of Houston. The Port of Houston's Barbour's Cut Terminal, located adjacent to the
City, handles in excess of three million tons of cargo annually.
Trans
19 sq. miles
Bonds
payments are allowed and no discounts are
System Revenue
Area of City
and Sewer
Tax bills are sent out October I, each year, and taxes are delinquent after January 31. No split
given on early tax payments. Penalty and interest on delinquent payments are rigidly enforced.
TAX COLLECTION DATA
Waterworks
TAX COLLECTION PERIOD
0.82%
31,880
$47,186
$387
include
not
does
Ratio of Net Debt to 2001 Assessed Valuation
May 2002 Estimated Population
Assessed Valuation per Capita.
Net Debt Per Capita.
(l)Net of exemptions in the amount of $250,306,560.
(2)Excludes the $2,700,000 supported by Sales Tax.
Note: The above Ad Valorem Tax Bond statement
outstanding. See "UTILITY DEPARTMENT'
Fiscal Year
Ending
9/30/98
9/30/99
9/30/00
9/30/01
Thru 5/31/02
9/30/93
9/30/94
9/30/95
9/30/96
9/30/97
Percent Tax Collections
Current Total
02.00
99.58
98.49
99.63
01.78
00.69
00.70
100.16
102.21
99.23
$717,169
97.69
97.60
97.24
97.70
97.47
98.12
98.39
98.15
99.70
97.94
Tax
Rate
0.7100
0.7100
0.7100
0.7100
0.7100
0.7100
0.7100
0.7100
0.7100
0.7100
Delinquent taxes outstanding for all prior years as of 5/31/02.
Assessed
Valuation
$1,017,182,960
1,066,384,240
1,082,871,890
1,111,158,920
1,167,528,490
1,212,183,130
1,259,074,000
1,465,045,690
1,405,897,240
1,504,294,270
Tax
Year
992
993
1994
1995
1996
1997
1998
1999
2000
2001
11
Barbours Cut Terminal
29
Containerized Port Faci
The City has agreed to update
provide other information that
information and to provide notices
may be relevant or material
10
of material events only as described above. The City has not agreed to
to a complete presentation of its financial results of operations, condition, or
Limitations and Amendments
The Municipal Advisory Council of Texas has
Municipal Advisory Council is 600 West 8th Street.
telephone number is (512) 476-6947
The City has agreed to provide the foregoing information only to NRMSIRs and any SID. The information will be available to holders of
the Bonds only if the holders comply with the procedures and pay the charges established by such information vendors or obtain the
information through securities brokers who do so.
A vailabilit
The City will also provide timely notices of certain events to certain information vendors. The City will provide notice of any of the
following events with respect to the Bonds, if such event is material to a decision to purchase or sell Bonds: (1) principal and interest
payment delinquencies; (2) non-payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties;
(4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their
failure to perform; (6) adverse tax opinions or events affecting the status of the Bonds; (7) modifications to rights of holders of the Bonds;
(8) Bond calls; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds; and (11) rating changes. In
addition, the City will provide timely notice of any failure by the City to provide information, data, or financial statements in accordance
with its agreement described above under "Annual Reports." The City will provide each notice described in this paragraph to any SID and
to either each NRMSIR or the Municipal Securities Rulemaking Board ("MSRB").
Material Event
The City's fiscal year ends September 30th. Accordingly, it must provide updated information by March 31 st in each year, unless the City
changes its fiscal year. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change.
The City may provide updated information in full text or may incorporate by reference certain other publicly available documents, as
pennitted by SEC Rule 15c2-12 (the "Rule"). The updated information will include audited financial statements, if the City commissions
an audit and it is completed by the required time. If audited financial statements are not available by the required time, the City will provide
unaudited information within the required time and audited financial statements when and if the audit report becomes available. Any such
financial statements will be prepared in accordance with the accounting principles as the City may be required to employ from time to time
pursuant to State law or regulation.
The City will provide certain updated financial information and operating data to certain information vendors annually. The information to
be updated includes all quantitative financial information and operating data with respect to the City of the general type included in this
Official Statement indicated as "FINANCIAL INFORMATION", "TAX COLLECTION PERIOD", "TAX COLLECTION DATA",
"TAX RATE DISTRIBUTION", "TAX RATE LIMITATIONS", "DEBT SERVICE FUND MANAGEMENT INDEX", "TAX
ADEQUACY", "CITY SALES TAX", "GENERAL OBLIGATION BONDS AUTHORIZED BUT UNISSUED", "TAXPAYERS
BY CLASSIFICATION", ESTIMATED DIRECT & OVERLAPPING DEBT STATEMENT", "TWENTY MAJOR
TAXPAYERS", "TEN MAJOR EMPLOYERS", and "GENERAL FUND REVENUES, EXPENDITURES AND BALANCES -
FIVE YEAR HISTORY",. The City will update and provide this information within six months after the end of each fiscal year. The City
will provide the updated information to each Nationally Recognized Municipal Securities Information Repository ("NRMSIR") and to any
State Information Depository ("SID") that is designated by the State of Texas and approved by the staff of the Secutities and Exchange
Commission ("SEC").
Under Texas law, including, but not limited to, Chapter 103. Texas Local Government Code, the City must keep its fiscal records in
accordance with generally accepted accounting principles, must have its tinancial accounts and records audited by a certified public
accountant, and must file each audit report with the City Clerk. The City's fiscal records and audit reports are available for public
inspection during the regular business hours of the City Clerk. Additionally, upon the filing of these financial statements and the annual
audit, these documents are subject to the Texas Public Information Act, Texas Government Code, Chapter 552. Thereafter, any person may
obtain copies of these documents upon submission of a written request to the City Secretary, City of La Porte, Texas, 604 W. Fairmont
Parkway, La Porte, TX 77571, and upon paying the applicable charges allowed by the Public Information Act for providing this
nformation.
Annual Reports
30
been designated by the State as a SID and approved by the SEe. The address of the
Austin, Texas. 78701. or Post Office Box 2177. Austin, Texas, 78768-2177 and its
of Information from NRMSIRs and SID
Notices
1::
o
:.<
o;j
.u
.2
;:;
::;s
<l)
1::
o
p.,
'"
.....J
events, to certain information vendors.
information from the vendors
This
e
information will be available to securities brokers
and others
e
who
subscribe to receive the
It
e
e
e
e
-
The City will provide certain updated financial information and operating data to certain information vendors annually. The information to
be updated includes all quantitative financial information and operating data with respect to the City of the general type included in this
Official Statement indicated as "FINANCIAL INFORMATION", "TAX COLLECTION PERIOD", "TAX COLLECTION DATA",
"TAX RATE DISTRIBUTION", "TAX RATE LIMITATIONS", "DEBT SERVICE FUND MANAGEMENT INDEX", "TAX
ADEQUACY", "CITY SALES TAX", "LIMITED TAX BONDS AUTHORIZED BUT UNISSUED", "TAXPAYERS BY
CLASSIFICATION", ESTIMATED DIRECT & OVERLAPPING DEBT STATEMENT", "TWENTY MAJOR TAXPAYERS",
"TEN MAJOR EMPLOYERS", and "GENERAL FUND REVENUES, EXPENDITURES AND BALANCES - FIVE YEAR
HISTORY", The City will update and provide this information within six months after the end of each fiscal year. The City will provide
the updated information to each Nationally Recognized Municipal Securities Information Repository ("NRMSIR") and to any State
Information Depository ("SID") that is designated by the State of Texas and approved by the staff of the Secutities and Exchange
Commission ("SEC").
this
providing
for
Act
Public Information
the
allowed by
the applicable charges
and upon paying
7757
TX
Parkway, La Porte,
information.
The Industrial Zones
In 1958 the City of La Porte created an Industrial Zone adjacent to the City which presently encompasses approximately 5,500 acres of
land north of Highway 225 and bordering the Houston Ship Channel. The City annexed sufficient land to completely encircle this
Industrial Zone, protecting it from annexation by any other municipality. The City entered into contracts with all of the industries located
in the Zone whereby the City annexed a portion of the total value of each industry with the remainder constituting protected Industrial
Districts. In addition to the Industrial Zone north of Highway 225, which is referred to as the "Battleground Industrial District", the City
contains an Industrial Zone on its south side referred to as the "Bayport Industrial District". The Bayport District was created in 1970 and
covers a 2,500 acre area. The Industrial District contracts are authorized by Texas State Statutes.
listed below, many of which have come to the Industrial Zones since the original contracts, were under
to December 31, 2007. Under the terms of the contracts, the City will not annex any portion of their property,
already been annexed. Any portion of the Industry Property that is under the agreement pays on 53% of the value.
and the industries
which extended
which has not
The City
contracts
The City may provide updated information in full text or may incorporate by reference certain other publicly available documents, as
permitted by SEC Rule 15c2-12 (the "Rule"). The updated information will include audited financial statements, if the City commissions
an audit and it is completed by the required time. If audited financial statements are not available by the required time, the City will
provide unaudited information within the required time and audited financial statements when and if the audit report becomes available.
Any such financial statements will be prepared in accordance with the accounting principles as the City may be required to employ from
time to time pursuant to State law or regulation.
On January 1,2001, the City and the Industries renewed the contracts for an additional seven-year period through December 31, 2007.
Under the terms of the new contracts the industries will continue to pay full City taxes each year on the previously annexed value of each
industry and an In-Lieu payment of the remaining total value which constitutes the protected Industrial District. These annual In-Lieu
payments, when added to the full City taxes on the annexed portion are an amount equal to the sum of 53% of the amount of ad valorem
taxes which would be payable to the City if all the Industry Land and Improvements were in the City. Listed below is a schedule of the
payments received in 2000 and 200
unless the City
Accordingly, it must provide updated information by March 31 st in each year,
its fiscal year, it will notify each NRMSIR and any SID of the change.
The City's fiscal year ends September 30th.
changes its fiscal year. If the City changes
Notices
The City will also provide timely notices of certain events to certain information vendors. The City will provide notice of any of the
following events with respect to the Bonds, if such event is material to a decision to purchase or sell Bonds: (I) principal and interest
payment delinquencies; (2) non-payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties;
(4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their
failure to perform; (6) adverse tax opinions or events affecting the status of the Bonds; (7) modifications to rights of holders of the Bonds;
(8) Bond calls; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds; and (II) rating changes. In
addition, the City will provide timely notice of any failure by the City to provide information, data, or financial statements in accordance
with its agreement described above under "Annual Reports." The City will provide each notice described in this paragraph to any SID and
to either each NRMSIR or the Municipal Securities Rulemaking Board ("MSRB").
Material Event
City Taxes
$22,165.06
12,399.23
1 ,616.88
4,670.45
14,627.85
2,096.20
34,937.61
716.82
49,290.90
54,043.78
10,863.00
,760.59
2000
In Lieu Pavments
$6,098.26
19,040.66
184.24
2,230.29
06,338.56
,728.47
30,704.89
388,138.74
119,713.53
9,394.29
3,758.78
93,023.09
City Taxes
$22,165.06
12,399.23
1,505.63
4,530.37
14,326.59
2,033.30
33,889.61
695.30
200
In Lieu Payments
$3,961.56
21,232.02
197.13
49,290.90
54,043.78
10,863.00
,760.59
2,287.77
,737.34
31,833.21
3,692.92
115,932.16
48Q,621.64
79,282.30
9,394.29
of Information from NRMSIRs and SID
The City has agreed to provide the foregoing information only to NRMSIRs and any SID. The information will be available to holders of
the Bonds only if the holders comply with the procedures and pay the charges established by such information vendors or obtain the
information through securities brokers who do so.
and approved by the SEe. The address of the
Box 2177, Austin, Texas, 78768-2177 and its
a SID
Office
of Texas has been designated by the State as
8th Street, Austin, Texas, 7870 or Pos
The Municipal Advisory Counci
Municipal Advisory Council is 600 West
telephone number is (512) 476-6947.
Limitations and Amendments
The City has agreed to update information and to provide notices of material events only as described above. The City has not agreed to
provide other information that may be relevant or material to a complete presentation of its financial results of operations, condition, or
prospects or agreed to update any information that is provided, except as described above. The City makes no representation or warranty
concerning such information or concerning its usefulness to a decision to invest in or sell Bonds at any future date. The City disclaims any
contractual or tort liability for damages resulting in whole or in part from any breach of its continuing disclosure agreement or from any
statement made pursuant to its agreement, although holders of the Bonds may seek a writ of mandamus to compel the City to comply with
A vailabilit
39,440.71
1,050.27
2,361.89
11,141.53
14,670.45
o
2,900.43
1,009.73
2,602.15
2,574.25
o
10,886.47
70,212.26
2,063.12
3,611.50
865.38
3,927.86
40,845.26
43,154.27
5,007.46
03,203.97
668.25
o
o
o
o
o
o
o
o
o
o
167.10
o
o
o
o
144,274.49
324,981.91
o
its agreement.
This continumg disclosure agreement may be amended by the City from time to time under the following circumstances, but not otherwise, to
adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status,
or type of operations of the City, but only if (I) the provisions, as so amended, would have permitted an underwriter to purchase or sell the
Bonds in the primary offering described herein in compliance with the Rule, taking into account any amendments or interpretations of the
Rule since such offering, as well as such changed circumstances, and (2) either (a) the registered owners of a majority in aggregate
principal amount (or any greater amount required by any other provision of the Ordinances that authorize such an amendment) of the
outstanding Bonds consent to such amendment, supplement, or repeal or (b) any State agency or official determined that such amendment
9
65,255.62
297,408.85
40,709.00
6,307.4
3,646.35
o
o
143,528.77
3
4,618.67
9,444.77
739.59
8,223.36
5,005.15
2,370.05
o
347,621.11
456,411.81
2,890.25
,649,923.68
11,471.98
3,697.61
2,395.97
520,558.39
71,159.40
39,440.71
668.25
o
o
o
o
o
o
o
o
o
o
1,137.21
o
o
o
o
144,274.49
324,981.9
49.,456.14
47,178.96
15,324.07
591.36
8,517.48
5,005.15
33,979.02
68,742.34
375,467.58
420,864.93
Industry
Air Liquide (Air Plant)
Air Liquide (Alphagaz)
Air Products Mfg. Corp. Celanese
H2 Purification Facility
Hyco I, II, & III
N2 Backup
Syngas
Trans. & Distribution
Akzo Nobel, Inc. (Alkyls)
Akzo Nobel, Inc. (La Porte)
BP Amoco Chemical (Albemarle)
Arco Pipeline Co.
Aristech Chemical Corp.
Baker Petro lite Corp.
Battleground Water Co.
Baypark Properties
Bayport N Ind Park LP
Bayshore Industrial Inc.
Client Prop @Bayshore Ind
CBSL Transportation
Chusei (USA), Inc.
Centauri Technologies N
Client Prop @ Chusei
Ronald Dana (formerly Dunn)
Dana Tank Container, Inc.
DAR Properties Ltd.
Dolima Properties LP
Client Prop @ Dolima
Quality Carriers
Superior Carriers
o
316,307.4
3,646.35
o
o
43,528.77
31
3,448.61
,483,776.69
13,021.71
3,697.61
2,246.36
588,737.97
Dow Chemical U.S.A.
E.!. DuPont
Bayer Corporation
Equistar Chemicals
Eurecat U.S., Inc.
F.M.C. Corp/Superior Carriers
Fairmont Supply
Fina Oil & Chemicals
8
Under Texas law, including, but not limited to, Chapter 103, Texas Local Government Code, the City must keep its fiscal records in
accordance with generally accepted accounting principles, must have its financial accounts and records audited by a certified public
accountant, and must file each audit report with the City Clerk. The City's fiscal records and audit reports are available for public
inspection during the regular business hours of the City Clerk. Additionally, upon the filing of these financial statements and the annual
audit, these documents are subject to the Texas Public Information Act, Texas Government Code, Chapter 552. Thereafter, any person may
obtain copies of these documents upon submission of a written request to the City Secretary, City of La Porte, Texas, 604 W. Fairmont
32
The BAYPORT INDUSTRIAL DISTRICT covers an area of 10,500 acres and is connected to 29,000 miles of intracoastal waterways
and navigable rivers, as well as the Gulf of Mexico and ports throughout the world. There are currently 46 industrial plants in Bayport
holding a total of 6,686 acres, and employing a permanent work force exceeding 5,000, at wages estimated at more than $400 million
annually. Bayport is a project of Friendswood Development Company, the real estate subsidiary of Exxon Corporation, and is one of the
largest industrial parks in the nation.
,/
Annual Reports
n the Bond Ordinance the City has made the following agreement for the benefit of the holders and Beneficial Owners of the Bonds. The
City is required to observe the agreement for so long as it remains obligated to advance funds to pay the Bonds. Under the agreement, the
City will be obligated to provide certain updated financial information and operating data annually, and timely notice of specified material
events, to certain information vendors. This information will be available to securities brokers and others who subscribe to receive the
information from the vendors.
This Official Statement does not constitute an offer to sell or solicitation of an offer to buy in any state in which such offer or solicitation IS
not authorized, or in which the person making such offer or solicitation is not qualified to do so, or any person to whom it is unlawful to
make such offer or solicitation. Any information and expressions of opinions herein are subject to change, without notice, and neither the
delivery of this Official Statement, nor any sale made hereunder, shall under any circumstances create any implication that there has been
no change in the affairs of the City since the date hereof.
CONTINUING DISCLOSURE OF INFORMATION
INDUSTRIES IN BAYPORT
The majority of the employers in the Industrial Districts
have in excess of 4,500 employees with an annual payroll
position as the second largest port in the United States.
Under the
additional
City Charter and State Statutes, the City of La Porte has the authority simply by ordinance of the City Council to annex
areas. In the past the City, in order to encourage industrial development in the area, has annexed a strip surrounding the
industries identified herein and executed contracts with each separate industry as described above. The contracts contain a construction
incentive clause that allows new construction in the industrial area to be assessed in lieu of taxes at a 30% rate, instead of a 53% rate.
73 137.D7
$7,538,038.27
are chemical and petrochemical related industries.
of approximately $175 million, and contribute
$2,459,
)fficial Statement has been prepared by Moroney, Beissner & Co., Inc., a firm employed by the City to perform professional services
~ capacity of Financial Advisors, including the preparation of this Official Statement. Information with respect to interest rates,
discounts, and other matters relating to the resale of the Bonds is the responsibility of the successful bidder and such information is not
provided herein. The information set forth herein has been obtained from the City and other sources which are believed to be reliable, but
no guarantee is made as to the accuracy or completeness of such information, and its inclusion herein is not to be construed as a
representation on the part of the City nor Moroney, Beissner & Co., Inc. to such effect. No person has been authorized to give any
information or to make any representations other than those contained in this Official Statement, and if given or made, such other
information or representations must not be relied upon as having been authorized by the City or Moroney, Beissner & Co., Inc.
This
in tho
28,
819.48
,320.32
180,726.78
674,084.87
143.20
2,634.10
1,790.98
2,877.85
2,372.95
3,517.50
5,986.90
o
o
o
o
.99
.17
o
940.18
72.02
1,031
2,623
263
o
75.857.49
$6,972,511. 72
largely
These companies collectively
to the Port of Houston's
$2,453,099.32
3,325.57
o
o
1,031.99
2,623.17
o
940.18
69,077.68
186.42
o
69,077.68
186.42
2,616.5
2,372.95
5,987.72
10,485.27
174,523.24
600,971.23
o
o
263
,313.25
6,317.29
170,795.83
o
USE OF INFORMATION IN OFFICIAL STATEMENT
At any time after taxes on property become delinquent, the City may file suit to foreclose the lien securing payment of the tax, to enforce
personal liability for the tax, or both. In filing a suit to foreclose a tax lien on real property, the City must join other taxing units that have
claims for delinquent taxes against all or part of the same property. Collection of delinquent taxes may be adversely affected by the amount
of taxes owed to other taxing units, by the effects of market conditions on the foreclosure sale price, by taxpayer redemption rights or by
bankruptcy proceedings which restrict the collection of taxpayer debts.
Taxes levied by the City are a personal obligation of the owner of the property. On January I of each year, a tax lien attaches to property to
secure the payment of all taxes, penalties and interest ultimately imposed for the year on the property. The lien exists in favor of the State
and each taxing unit, including the City, having the power to tax the property. The City's tax lien is on a parity with the tax liens of other
such taxing units. A tax lien on real property takes priority over the claims of most creditors and other holders of liens on the property
encumbered by the tax lien, whether or not the debt or lien existed before the attachment of the tax lien. Personal property, under certain
circumstances, is subject to seizure and sale for the payment of delinquent taxes, penalty, and interest.
Ci
The City is responsible for the collection of its taxes, unless it elects to transfer such function to another governmental entity. By
September I of each year, or as soon thereafter as practicable, the rate of taxation is set by the City Council based upon the valuation of
property within the City as of the preceding January I. Taxes are due October I, or when billed, whichever comes later, and become
delinquent after January 31 of the following year. A delinquent tax incurs a penalty of six percent of the amount of the tax for the first
calendar month it is delinquent, plus one percent for each additional month or portion of a month the tax remains unpaid prior to July I. If
the tax is not paid by July I of the year in which it becomes due, the tax incurs a total penalty of 12 percent regardless of the number of
months the tax has been delinquent and incurs an additional penalty of up to 15 percent if imposed by the City. The delinquent tax also
accrues interest at a rate of one percent for each month or portion of a month it remains unpaid. The Property Tax Code also makes
provisions for the split payment of taxes, discounts for early payment and the postponement of the delinquency date of taxes under certain
circumstances.
Le
property owners of reappraisals reflecting increased property values, appraisals that are higher than renditions and appraisals
not previously on an appraisal roll.
-
's
Ri
hts in the Event of Tax Delinquencies
and Collection of Taxes
e
of property
Industry
Goodyear Tire & Rubber Co.
Greif Brothers
Gulbrandsen Technologies
Howell Transportation
Huntsman Polymers Corp.
Laidlaw Environmental
La Porte Methonal
Linde Gas (split from La Porte Meth)
Lubrizol Corporation
Lyondell Chemical Co.
Matheson Tri-Gas, Inc. (Acetyl)
Matheson Tri-Gas, Inc. (Air Sep)
Metton America, Inc.
Millenium Petrochemical
Montell U.S.A., Inc.
NOCS Northwest, Inc.
Nissian Chemical, Inc.
Noltex L.L.C.
Oakwood Capital, LP
Ohmstede Machine Works
Oxy Vinyls LLP - Electrochemical
Oxy Vinyls LP
Polycycle Southwest, Inc.
Praxair, Inc.
Prime Equipment Co.
Ragsdale Development Corp.
Reliant Energy/HL&P
Revak
Client Prop @ Revak
8,476.12
211,5 0.27
34,347.30
11,560.30
36,514.02
119.76
Rohm & Haas
Schutz Containers
Sentinel Transportation
Solvay Interox, Inc.
Solvay Polymers, Inc.
South Coast Terminals
Southern Ionics, Inc.
Houston Chemical Services
Terranova Forest Products
Texas Electric Company
UCISCO
United Rentals
Van Leers Containers, Inc.
Totals.
214,554.26
683.09
o
48,783.53
991.09
90.71
74,048.57
24,033.49
119.76
140,200.34
8,392.76
214,554.26
683.09
o
48,783.53
991.09
190.7
o
05,424.17
7,478.71
4,959.58
144,999.76
509,421.4
15 544.24
47,245.51
231,333.05
139,990.70
o
4,041
12,093.38
140,773.72
o
5,941.01
193,089.64
415,431.96
2,890.36
o
o
o
4,04 8
224,706.13
144,903.19
o
6,439.63
3,093.48
o
32,043.62
7,687.62
380,04 .40
3,213.67
99,878.73
74,969.33
26,758.34
5,824.00
2,309.06
ments
28,518.73
26,669.00
5,559.36
232.64
41,443.4
59,626.30
o
2,049.84
,701.94
o
o
o
.91
City Taxes
16,052.46
6,527.46
2,461.22
692.61
,583.44
327.81
o
4,
9
6,439.63
3,337.70
7,658.6
390,291.96
3,213.67
o
33,674.50
96,737.45
4,702.62
55,519.79
o
26,758.34
ments
34,605.08
7,082.04
3,689.63
119. 8
4,191.9
2,049.84
11,701.94
59,626.30
o
City Taxes
16,052.46
6,527.46
2,461.22
692.61
,583.44
327.8
o
o
o
o
o
2001
In Lieu Pa
e
2000
In Lieu Pa
e
e
e
e
-
The Property Tax Code requires, among other matters, county-wide appraisal and equalization of taxable property values and establishes in
each county of the State an appraisal district and an appraisal review board. The Harris County Appraisal District (the "Appraisal District")
has the responsibility of appraising property for all taxing units within Harris County, including the City. Such appraisal values will be
subject to review and change by the Harris County Appraisal Review Board (the "Appraisal Review Board"). Such appraisal roll. as
approved by the Appraisal Review Board, will be used by the City in establishing its tax rolls and tax rate.
Except for certain exemptions provided by Texas law, all real property, tangible personal property held or used for the production of
income, mobile homes, and certain categories of intangible personal property with a tax situs in the City are subject to taxation by the City.
Principal categories of exempt property include, but are not limited to: property owned by the State or its political subdivisions, if the
property is used for public purposes; property exempt from ad valorem taxation by federal law; certain household goods, family supplies
and personal effects; certain goods, wares and merchandise in transit; certain property of charitable organizations, youth development
associations, religious organizations, and qualified school; designated historical sites; and most individually-owned automobiles. In
addition, the City may by its own action exempt residential homesteads of persons 65 years or older and certain disabled persons, to the
extent deemed advisable by the City Council. The City may be required to offer such exemptions if a majority of voters approve same at an
election. The City would be required to call an election upon petition by twenty percent (20%) of the number of qualified voters who voted
in the preceding election. Furthermore, the City must grant exemptions to disabled veterans, if requested, but only to the maximum extent
of $12,000 of taxable valuation.
Pro
tions
The Property Tax Code authorizes the governing body of each political subdivision in the State to exempt up to twenty percent (20%) of
the market value of residential homesteads from ad valorem taxation. Where ad valorem taxes have previously been pledged for the
payment of debt, provided, however, the governing body of a political subdivision may continue to levy and collect taxes against the
exempt value of the homesteads until the debt is discharged, if the cessation of the levy would impair the obligations of the contract by
which the debt was created. The adoption of a homestead exemption may be considered each year, but must be adopted by May
Residential Homestead Exem
for Taxation
Generally, property in the City must be appraised by the Appraisal District at market value as of January I of each year. Once an appraisal
roll is prepared and finally approved by the Appraisal Review Board, it is used by the City in establishing its tax rolls and tax rate.
Assessments under the Property Tax Code are to be based on 100% of market value, as such is defined in the Property Tax Code.
The Property Tax Code permits land designated for agricultural use, open space, or timberland to be appraised at its value based on the
land's capacity to produce agricultural or timber products rather than at its fair market value. The Property Tax Code permits under certain
circumstances that residential real property inventory held by a person in the trade or business be valued at the price all such property
would bring if sold as a unit to a purchaser who would continue the business. Provisions of the Property Tax Code are complex and are not
fully summarized here. Landowners wishing to avail themselves of the agricultural use, open space, or timberland designation or
residential real property inventory designation must apply for the designation and the appraiser is required by the Property Tax Code to act
on each claimant's right to the designation individually. A claimant may waive the special valuation as to taxation by some political
subdivisions while claiming it as to other. If a claimant receives the agricultural use designation and later loses it by changing the use of
the property or selling it to an unqualified owner, the City can collect taxes based on the new use, including taxes for the previous three
years for agricultural use and taxes for the previous five years for open space land and timberland.
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Valuation of Proper
The Property Tax Code requires the Appraisal District to implement a plan for periodic reappraisal of property to update appraisal values.
The plan must provide for appraisal of all real property in the Appraisal District at least once every three years. The Harris County
Appraisal District has implemented a plan of reappraisal of all urban properties in the first two years of a three year cycle and all rural
properties in the third year. Ratio studies are performed annually that may raise more frequent valuation adjustments if warranted. The
City, however, at its expense, has the right to obtain from the Appraisal District a current estimate of appraised values within the City or an
estimate of any new property or improvements within the City. While such current estimate of appraised values may serve to indicate the
rate or extent of growth of taxable values within the City, it cannot be used for establishing a tax rate within the City until such time as the
Appraisal District chooses to formally include such values on its appraisal rol
taxing units, including the City, may appeal orders of the Appraisal Review Board by filing a
In such event, the property value in question may be determined by the court, or by a jury, if
taxing units may bring suit against the Appraisal District to compel compliance with the Property
Under certain circumstances, taxpayers and
timely petition for review in District Court.
requested by any party. Additionally,
Tax Code.
Ci
for certain tax rate increases by the City and provides for taxpayer
increases. The Property Tax Code also establishes a procedure for notice to
7
forth notice and hearing procedures
in the repeal of certain tax
The Property Tax Code sets
referenda which could result
33
6
The Texas Property Tax Code (the "Property Tax Code"), specifies the taxing procedures of all political subdivisions of the State of Texas
(the "State"), including the City. Provisions of the Property Tax Code are complex and are not fully summarized here.
Proper
Tax Code and Coun
raisal District
The record date ("Record Date") for the interest
preceding such interest payment date.
TAX PROCEDURES
payable on any interest payment date
Record Date
In the event the Book-Entry-Only System is discontinued, the Bonds may be transferred, registered and assigned only on the registration
books of the Registrar, and such registration and transfer will be without expense or service charge to the owner, except for any tax or
other governmental charges required to be paid with respect to such registration and transfer. A Bond may be assigned by the execution of
an assignment form on the Bonds or by other instrument of transfer and assignment and with guarantee of signatures acceptable to the
Registrar. A new Bond or Bonds will be delivered by the Registrar for the Bond being transferred or exchanged at the principal office of
the Registrar. To the extent possible, new Bonds issued in an exchange or transfer of Bonds will be delivered to the registered owner or
assignee of the owner in not more than three business days after the receipt of the Bonds to be canceled in the exchange or transfer and the
written instrument of transfer or request for exchange duly executed by the owner or his duly authorized agent, in form satisfactory to the
Registrar. New Bonds registered and delivered in an exchange or transfer will be in denominations of $5,000 or any integral multiple
thereof for anyone maturity and for a like aggregate principal amount as the Bond or Bonds surrendered for exchange or transfer.
Future Re
Provision is made in the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance") for replacement of the Registrar. If the
Registrar is replaced by the City, the new Registrar must accept the previous Registrar's records and act in the same capacity as the
previous Registrar. Any Registrar selected by the City must be either a commercial bank or trust company organized under the laws of the
United States or of any state and authorized to serve as and perform the duties and services of Registrar for the Bonds. Successor
Registrars, if any, will be designated and appointed by the City.
Successor Re
The Bonds will be issued in fully registered form in integral multiples of $5,000, and principal and semiannual interest will be payable by
JPMorgan Chase Bank, the Registrar, at its principal payment office in Dallas, Texas. Principal of the Bonds will be payable to the
registered owner at maturity or redemption upon presentation to the Registrar. Interest on the Bonds will be payable by check dated as of
the interest payment date, and mailed by the Registrar to registered owners as shown on the records of the Registrar as of the last business
day of the month next preceding each interest payment date. It is expected that the Bonds will be eligible for delivery to the initial
purchaser through DTC. If the date of the payment of the principal or interest on a Bond shall be a Saturday, Sunday, legal holiday, or a
day on which banking institutions in the city where the principal corporate trust office of the Registrar is located are authorized by law or
executive ordinances to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal
holiday, or a day on which banking institutions are authorized to close and payment on such date shall have the same force and effect as if
made on the original date payment was due.
REGISTRATION
So long as Cede & Co. is the registered owner of the Bonds, the City will have no obligation or responsibility to the DTC Participants or
Indirect Participants, or the persons for which they act as nominees, with respect to payment to or providing of notice to such Participants,
or the persons for which they act as nominees.
Information concerning DTC and the Book-Entry-Only System has been obtained from DTC and
completeness, and is not be construed as a representation, by the City.
IS
not guaranteed as to accuracy or
in other
an interest
described
Use of Certain Terms in Other Sections of this
The information in this section concerning DTC and DTC's book-entry
reliable, but the City takes no responsibility for the accuracy thereof.
s defined as the last business day of the month next
istration
strar
Official Statement
34
t::
o
(\j
CQ
c...,
o
ii:
v
.E
v
;>
o
e
system has been obtained from
e
sources that the City believes to be
e
e
e
Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other Bonds
transactions in deposited Bonds, through electronic computerized book-entry transfers and pledges between Direct Participants' accounts.
This eliminates the need for physical movement of Bonds certificates. Direct Participants include both U.S. and non-U.S. Bonds brokers
and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The
Depository Trust & Clearing Corporation ("DTCC"). DTCC, in turn, is owned by a number of Direct Participants of DTC and Members
of the National Bonds Clearing Corporation, Government Bonds Clearing Corporation, MBS Clearing Corporation, and Emerging
Markets Clearing Corporation, (NSCC, GSCC, MBSCC, and EMCC, also subsidiaries of DTCC), as well as by the New York Stock
Exchange, Inc., the American Stock Exchange LLC, and the National Association of Bonds Dealers, Inc. Access to the DTC system is also
available to others such as both U.S. and non-U.S. Bonds brokers and dealers, banks, trust companies, and clearing corporations that clear
through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ( "Indirect Participants"). DTC has
Standard & Poor's highest rating: "AAA". The DTC Rules applicable to its Participants are on file with the Bonds and Exchange
Commission. More information about DTC can be found at www.dtec.com.
e
e
-
Purchases of Bonds under the DTC system must he made by or through Direct Participants, which will receive a credit for the Bonds on
DTC's records. The ownership interest of each actual purchaser of each Security ("Beneficial Owner") is in turn to be recorded on the
Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial
Owners are, however, expected to receive written confirmations providing details of the transaction as well as periodic statements of their
holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership
interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of
Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Bonds, except in the event that
use of the book-entry system for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership
nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC
and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has
no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the identity of the Direct Participants to whose
accounts such Bonds are credited, which mayor may not be the Beneficial Owners. The Direct and Indirect Participants will remain
responsible for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by
Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory
or regulatory requirements as may be in effect from time to time. Beneficial Owners of Bonds may wish to take certain steps to augment
the transmission to them of notices of significant events with respect to the Bonds, such as redemptions, tenders, defaults, and proposed
amendments to the Security documents. For example, Beneficial Owners of Bonds may wish to ascertain that the nominee holding the
Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to
provide their names and addresses to the registrar and request that copies of notices he provided directly to them.
Inc.
AKZO Nobel
practice is to determine
redeemed, DTC
If less than all of the Bonds within an issue are being
Participant in such issue to be redeemed.
authorized by a Direct
to the City as soon as
Participants to whose
unless
Proxy
those Direct
be sent to DTC.
interest of each Direct
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Bonds
Participant in accordance with DTC's Procedures. Under its usual procedures, DTC mails an Omnibus
possible after the record date. The Omnibus Proxy assigns Cede & Co. 's consenting or voting rights to
accounts Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy).
Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede & Co., or such other nominee as may be
requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds
and corresponding detail information from the City or Agent, on payable date in accordance with their respective holdings shown on
DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is
the case with Bonds held for the accounts of customers in bearer form or registered in "street name," and will he the responsibility of such
Participant and not of DTC, Registrar, or the City, subject to any statutory or regulatory requirements as may be in effect from time to
time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may he requested
by an authorized representative of DTC) is the responsibility of the City or Registrar disbursement of such payments to Direct Participants
will be the responsibility of DTC, and reimbursement of such payments to the Beneficial Owners will be the responsibility of Direct and
Indirect Participants.
respect to the Bonds at any time by giving reasonable notice to the City or
successor depository is not obtained, Bonds are required to be printed and
as depository with
the event that a
DTC may discontinue providing its services
Registrar. Under such circumstances, in
delivered.
Redemption notices shal
by lot the amount of the
In that
Bonds depository)
(or a successor
transfers through DTC
of book-entry
5
City may decide to discontinue use of the system
Security certificates will be printed and delivered.
The
event
Aristech Chemical Co
35
4
DTC, the world's largest depository, is a limited-purpose trust company organized under the New York Banking Law, a "banking
organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation"
within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section
17 A of the Bonds Exchange Act of 1934. DTC holds and provides asset servicing for over 2 million issues of U.S. and non U.S. equity
issues, corporate and municipal debt issues, and money market instruments from over 55 countries that DTC's participants ("Direct
E.!.
36
du Pont de Nemours
& Com
an
The Depository Trust Company ("DTC"), New York, NY, will act as Bonds depository for the Bonds.
registered Bonds in the name of Cede & Co. (DTC's partnership nominee) or such other name as
representative of DTC. One fully-registered Security certificate will be issued for the Bonds, in
issue, and will be deposited with DTC.
All of the outstanding General Obligation Bonds of the City are insured and are \aa" by Moody's Investors Service, inC.
("Moody's") and "AAA" by Standard & Poor's ("S&P"). The underlying rating on all of l~ General Obligation Bonds are "Aa3" by
Moody's and "A+" by S&P. Applications for contract ratings on the Bonds have been made to both Moody's and S&P. The new ratings
will be provided by addendum to this Official Statement as soon as possible after their assignment. An explanation of the significance of
the ratings may be obtained from Moody's and S&P. The ratings reflect only the respective views of Moody's and S&P and the City makes
no representation as to the appropriateness of the ratings. There is no assurance that the ratings assigned will continue for any given period
of time or that they will not be changed, suspended or withdrawn by either Moody's or S&P. Any change, suspension or withdrawal of the
ratings may have an effect on the market price of the Bonds.
RATINGS
The various legal opinions to be delivered concurrently with the delivery of the Bonds express the professional judgment of the attorneys
rendering the opinions as to the legal issues explicitly addressed therein. In rendering a legal opinion, the attorney does not become an
insurer or guarantor of that expression of professional judgment, of the transaction opined upon, or of the future performance of the parties
to the transaction. Nor does the rendering of an opinion guarantee the outcome of any legal dispute that may arise out of the transaction.
BOOK-ENTRY -ONLY SYSTEM
rated
tb~
The Bonds will be issued as fully-
may be requested by an authorized
the aggregate principal amount of such
Legal matters incident to the authorization, issuance and sale of the Bonds are subject to the approval of the Attorney General of the State
of Texas and the opinion of Akin, Gump, Strauss, Hauer & Feld, L.L.P., Bond Counsel, whose opinion may be printed on the Bonds. Akin,
Gump, Strauss, Hauer & Feld, L.L.P. was not requested to participate, and did not take part in, the preparation of the Official Statement
except as hereinafter noted, and such firm has not assumed any responsibility with respect thereto or undertaken independently to verify
any of the information contained herein, except that, in its capacity as Bond Counsel, such firm has reviewed the information under the
captions "DESCRIPTION OF BONDS", "TAX MATTERS", and "LEGAL MATTERS" in the Official Statement to determine
whether such information presents a fair and accurate summary of the provisions of the law and the instruments described under such
captions. The legal fees to be paid to Akin, Gump, Strauss, Hauer & Feld, L.L.P. in connection with the issuance of the Bonds are
contingent on the sale and delivery of the Bonds.
LEGAL MATTERS
Potential purchasers should be aware that if the issue price to the public (or, in the case of discount bonds, the amount payable at
exceeds $10,000,000, then such obligations might fail to satisfy the $10,000,000 limitation and the obligations would not be
exempt obligations".
The City expects to designate the Bonds as "qualified tax-exempt obligations" within the meaning of section 265(b) of the Code. In
furtherance of that designation, the City will covenant to take such action which would assure or to refrain from such action which would
adversely affect the treatment of the obligations and the Bonds as "qualified tax-exempt obligations"
'qualified
maturity)
tax-
Section 265(a) of the Code provides, in pertinent part, that interest paid or incurred by a taxpayer, including a "financial institution", on
indebtedness incurred or continued to purchase or carry tax-exempt obligations is not deductible by such taxpayer in determining taxable
income. Section 265(b) of the Code provides an exception to the disallowance of such deduction for any interest expense paid or incurred
on indebtedness of a taxpayer which is a "financial institution" allocable to tax-exempt obligations, other than "specified private activity
bonds", which are designated by an issuer as "qualified tax-exempt obligations". Section 265(b)(5) of the Code defines the term "financial
institution" as referring to any corporation described in section 585(a)(2) of the Code, or any person accepting deposits from the public in
the ordinary course of such person's trade or business which is subject to federal or state supervision as a financial institution.
E.I. du PONT de NEMOURS & COMPANY's plant
insecticides, primarily intended for commercial scale application.
payroll of $55 million
manufactures agricultural and industrial chemicals, i.e., fungicides, herbicides, and
The plant employs approximately 1,000 people at an estimated annual
ualified Tax-Exem
Investors should consult their own tax advisors concerning the tax implications resulting from the receipt or accrual of interest on or the
acquisition, ownership, or disposition of the Bonds under applicable state or local laws. Foreign investors should also consult their own tax
advisors regarding the tax consequences unique to investors who are not United States persons.
ations for Financial Institutions
There are approximately 5,500 acres of industrial development along both sides of the Houston Ship Channel, including refineries and
numerous other industries, drawn to the availability of deep water. The vitality of the Ship Channel industries has contributed greatly to the
Port of Houston's position as the third largest port in the United States.
State
Local. and Forei
n Taxes
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INDUSTRIES ALONG THE HOUSTON SHIP CHANNEL
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e
Assuming that all of the Original Issue Discount Bonds have been initially offered and a substantial amount of each maturity thereof has
been sold, to the general public in arm's length transactions for a price (with no other consideration being included) for not more than the
initial offering prices stated in this Official Statement, an amount equal to the difference between the initial public offering price of an
Original Issue Discount Bond and the stated redemption price at maturity constitutes "original issue discount" to the initial purchaser of
such Original Issue Discount Bond. Such original issue discount may result from the payment of accrued interest by the initial purchaser,
Bonds having an interest payment period longer than six months, or the purchase by the initial purchaser at a discount from the face
amount of the Bonds. Under existing law, such initial purchaser is entitled to exclude from gross income an amount of income with respect
to such Original Issue Discount Bond equal to that portion of the amount of such original issue discount allocable to the period that such
Original Issue Discount Bond continues to be owned by such purchaser. For a discussion of certain collateral federal tax consequences,
see discussion set forth below.
e
In the event of the redemption, sale, or other taxable disposition of such Original Issue Discount Bond prior to stated maturity, the amoun
realized by such purchaser in excess of the basis of such Original Issue Discount Bond in the hands of such purchaser (adjusted upward by
the portion of the original issue discount allocable to the period for which such Original Issue Discount Bond was held by such initial
purchaser) is includable in gross income.
Original issue discount is considered to be accrued actuarially in accordance with the constant interest method over the life of the Original
Issue Discount Bond, taking into account the semiannual compounding of accrued interest, at the yield to maturity on such Original Issue
Discount Bond. The allocation of such original issue discount will generally result in an amount treated as interest that is different than the
amount of the payment denominated as interest actually received by the owner thereof during the taxable year.
The federal income tax consequences of the acquisition, ownership, redemption, sale, or other disposition of Original Issue Discount
Bonds which are not purchased in the initial offering at the initial offering price may be determined according to rules which differ from
those described above. All purchasers of Original Issue Discount Bonds should consult their own tax advisors with respect to the
determination for federal, state, and local income tax purposes of the treatment of interest accrued upon redemption, sale, or other
disposition of, such Original Issue Discount Bonds and with respect to the federal, state, local, and foreign tax consequences of the
acquisition, ownership, redemption, sale, or other disposition of, such Original Issue Discount Bonds.
the receipt or accrual of
regulations, published
income tax consequences resulting from
This discussion is based on existing statutes,
Collateral Federal Income Tax Consequences
The following discussion is a summary of certain collateral federa
interest on or the acquisition, ownership, or disposition of the Bonds.
rulings, and court decisions, all of which are subject to change or modification retroactively.
The following discussion is applicable to investors, other than those who are subject to special provisions of the Code, such as financial
institutions, property and casualty insurance companies, life insurance companies, individual recipients of Social Security or Railroad
Retirement benefits, individuals otherwise qualiftying for the earned income tax credit, owners of an interest in a financial assest
securitization investment trust, certain S corporations with Subchapter C earnings and profits, and taxpayers who may be deemed to have
incurred or continued indebtedness to purchase or carry, or who have paid or incurred expenses allocable to, tax-exempt obligations.
E
;:::l
.2
~
~
INVESTORS, INCLUDING THOSE WHO ARE SUBJECT TO SPECIAL PROVISIONS OF THE CODE, SHOULD CONSULT THEIR
OWN TAX ADVISORS WITH RESPECT TO THE TAX TREATMENT WHICH MAY BE ANTICIPATED TO RESULT FROM THE
RECEIPT OR ACCRUAL OF INTEREST ON OR THE ACQUISITION, OWNERSHIP, AND DISPOSITION OF TAX-EXEMPT
OBLIGATIONS BEFORE DETERMINING WHETHER TO PURCHASE THE BONDS.
its alternative
of certain corporations for purposes of computing
Interest on the Bonds will be included in the "adjusted current earnings'
minimum tax imposed by section 55 of the Code.
Interest on the Bonds may be subject to the "branch profits tax" imposed by section 884 of the Code on the effectively-connected earnings
and profits of a foreign corporation doing business in the United States.
received or
may be required to disclose interest
the Bonds,
income taxes.
tax-exempt obligations, such as
with respect to federa
Under section 6012 of the Code, owners of
accrued during each taxable year on their returns
Section 1276 of the Code provides for ordinary income tax treatment of gain recognized upon the disposition of a tax-exempt obligation,
such as the Bonds, if such obligation was acquired at a "market discount" and if the fixed maturity of such obligation is equal to, or
exceeds, one year from the date of issue. Such treatment applies to "market discount bonds" to the extent such gain does not exceed the
accrued market discount (defined below) of such bonds; although for this purpose, a de minimis amount of market discount is ignored. A
"market discount bond" is one which is acquired by the owner at a purchase price which is less than the stated redemption price at maturity
or, in the case of a bond issued at an original issue discount, the "revised issue price" (i.e., the issue price plus accrued original issue
discount). The "accrued market discount" is the amount which bears the same ratio to the market discount as the number of days during
which the holder holds the obligation bears to the number of days between the acquisition date and the final maturity date.
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37
The initial
defined in
public offering price of certain stated
section 1272 of the Code and Income
2
maturities of the Bonds
Tax Regulations
may be
thereunder) on
the stated
Bonds (the
redemption price at
'Original Issue Discount
maturity (as
Bonds").
38
less than
the
Federal Income Tax Accountin
Bond Counsel assumes no duty to update or supplement its opinions to reflect any facts or circumstances that
Counsel's attention or to reflect any changes in law that may thereafter occur or become etTective.
Treatment of Ori
inal Issue Discount
may hereafter come to Bond
The statutes, regulations, published rulings, and court decisions upon which Bond Counsel have based their opinions are subject to change
by the Congress and to subsequent judicial and administrative interpretation by the courts and the Department of the Treasury. There can
be no assurance that such law or the interpretation thereof will not be changed in a manner which would adversely affect the tax treatment
of the receipt or accrual of interest on or the acquisition, ownership, or disposition of the Bonds.
In rendering their opinions, Bond Counsel will rely upon representations and certifications of the City with respect to matters solely within
the knowledge of the City and will assume continuing compliance by the City with covenants pertaining to those sections of the Code
which affect the exclusion from gross income of interest on the Bonds for federal income tax purposes. If such representations and
certifications are determined to be inaccurate or incomplete, or the City fails to comply with the foregoing covenants, interest on the Bonds
could become includable in gross income retroactively to the date of issuance of the Bonds, regardless of the date on which the event
causing such inclusion occurs.
On the date of initial delivery of the Bonds, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Bond Counsel, will render their opinion that,
under existing law, (1) interest on the Bonds will be excludable from gross income for federal income tax purposes under section 103 of
the Internal Revenue Code of 1986, as amended (the "Code") and (2) the Bonds will not be treated as "private activity bonds" within the
meaning of section 141 of the Code and that, accordingly, interest on the Bonds will not be included as an alternative minimum tax
preference item under section 57(a)(5) of the Code. Except as stated above, Bond Counsel will express no opinion as to any other federal,
state, or local tax consequences under present law, or proposed legislation, resulting from the receipt or accrual of interest on or the
acquisition, ownership, or disposition of the Bonds.
Solvay. Inc.
Leeal Opinion
TAX MATTERS
The City has never defaulted.
Lel!alitv
Use of Proceeds
Amount
$ 3,500,000
$ 1,900,000
$ 7,700,000
$ 3.200.000
$16,300,000
Attorney General of the State of Texas and Akin, Gump, Strauss, Hauer & Feld, L.L.P.. San Antonio, Texas, Bond Counsel.
These Bonds will constitute valid and legally binding obligations of the City, payable
taxes against taxable property located in the City, within the limits prescribed by law.
Security
The proceeds from the sale of these Bonds
Pa
ment
Record
Pumose
Wastewater Treatment Plant ilprovements
Fire Station No.2 Relocation and Renovation
Police Dept. Headquarters and Emergency Operations Center
Youth Baseball Complex and Wests ide Park Improvements
Wastewater Treatment Plant Improvements
Fire Station No.2 Relocation and Renovations
Total.
will be used for the following purposes:
from and secured by a continuing levy of ad valorem
$3,500,000
1.900.000
$5,400,000
For
587
567
562
506
Against
35
56
68
115
Fina Oil & Chemicals
The Bonds were authorized at an election held by the City of La Porte, Texas (the
cast as follows:
Authorization
e
'City"),
on February 2, 2002, by a majority of the votes
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income for federal
"TAX MATTERS"
OFFICIAL STATEMENT
Dated July 8. 2002
In the opinion of Bond Counsel. interest on the Bonds and the Certificates described below is excludable from gross
income tax purposes under existing law. and the Bonds and the Certificates are not "private activity bonds ". See
herein for a discussion of Bond Counsel's opinion. including a description of alternative minimum tax consequences for corporations.
Utilities
The City's residents are provided electricity, gas and telephone service by Reliant Energy/HL&P, Reliant Energy/Entex and Southwestern
Bell Telephone, respectively, all as part of the City of Houston system. Water and sewer facilities are provided by the City-owned system.
See "TAX MATTERS - Qualified
for financial institutions.
The City has designated the Bonds as "qualified tax-exempt obligations'
Tax-Exempt Obligation for Financial Institutions."
DESCRIPTION OF BONDS
$5,400,000
CITY OF LA PORTE, T
(Harris County)
LIMITED TAX BONDS, SERIES 2002
Obligation Bonds
"A+"
EXAS
Underlying Ratings on the Outstanding General
Moody's - "Aa3" S&P's -
New Ratings Applied For
The City of La Porte, Texas, Limited Tax Bonds, Series 2002 (the "Bonds") will be dated July 15,2002 ("the "Issue Date"). Interest on the
Bonds will accrue from the Issue Date and will be due on March 15, 2003, and each September 15 and March 15 thereafter until maturity.
The Bonds will be issued in fully registered form in integral multiples of $5,000, and principal and semiannual interest will be payable at
JPMorgan Chase Bank, the paying agent/registrar (the "Registrar"), at its principal payment office in Dallas, Texas. The Bonds will be
initially registered and delivered only to Cede & Co., the nominee of The Depository Trust Company ("DTC") pursuant to the Book-
Entry-Only System described herein. Beneficial ownership of the Bonds may be acquired in denominations of $5,000 or integral multiples
thereof. No physical delivery of the Bonds will be made to the purchasers thereof. Principal of and interest on the Bonds will be
payable by the Registrar to Cede & Co., which will make distribution of the amounts so paid to the beneficial owners of the Bonds. See
"Book-Entry-Only System" herein If the date of the payment of the principal or interest on a Bond is a Saturday, Sunday, legal holiday, or
a day on which banking institutions in the city where the payment office of the Registrar is located are authorized by law or executive
order to close, or the United States Postal Service is not open for business, then the date for such payment will be the next succeeding day
which is not such a Saturday, Sunday, legal holiday, or a day on which banking institutions are authorized to close, or the United States
Postal Service is not open for business, and payment on such date will have the same force and effect as if made on the original date
payment was due.
All Bonds maturing on or after March 15,2016, are optional forredemption in whole or in part on March 15,2015, or any date thereafter
at par value thereof plus accrued interest to the date fixed for redemption. If less than all of the Bonds are redeemed at anytime, the
particular Bonds to be redeemed shall be selected by the City in integral multiples of $5,000 within anyone maturity. The registered owner
of any Bond, all or a portion of which has been called for redemption, shall be required to present same to the Registrar for payment of the
redemption price on the portion of the Bond so called for redemption and a new Bond in the principal amount equal to the portion of such
Bond not redeemed will be issued to such registered owner.
Principal
Amount
$270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
Year
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
March 15
Maturitv Schedule
Principal
Amount
$270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
Year
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
tional Provisions
o
/HL&P
Reliant Ener
39
40
As of May 2002 the school district
are rated "Aa3" by Moody's and "AA"
had a student
by S& p's
enrollment of7,635 and a 2001
The La Porte independent School District provides the residents of the City with excellent school facilities.
elementary schools, three junior high schools, one senior high school and one alternative school. The district
Texas Education Agency and the Southern Association of Colleges and Schools. All of the school facilities are
centrally heated and are furnished with modem educational equipment.
assessed valuation of $4,495,888,500. The district's bonds
The school district operates six
is fully accredited by the
fully air-conditioned and
[this page intentionally left blank]
Educational Facilities
Residential subdivisions within the City are well planned, providing complete utility services and hard surface streets with curbs and
gutters. Homes are currently priced from $65,000 to $500,000 with construction progressing at a moderate rate.
Residential
The residential and commercial areas of the City form the core of the City, with the Industrial Districts flanking the City on the north and
south. The central business district lies east of Highway 146, which crosses the City from north to south, and contains restaurants,
shopping facilities and automobile dealerships. In addition, there are several attractive shopping centers within the City. Dun & Bradstreet
rates over 310 business establishments in the City.
Develo
ment
Commercial Develo
Banking facilities located within the City are provided by Bank of America, South Trust
Mutual and Du Pont La Porte Federal Credit Union.
ment
e
-
Financial Institutions
e
Bank,
e
Southwest
Bank
of Texas,
Washington
e
duly executed by the owner or his duly authorized agent, in form satisfactory to the Registrar. New Bonds registered and delivered in an
exchange or transfer will be in denominations of $5,000 or any integral multiple thereof for anyone maturity and for a like aggregate
principal amount as the Bond or Bonds surrendered for exchange or transfer.
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Provision is made in the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance") for replacement of the Registrar. If the
Registrar is replaced by the City, the new Registrar must accept the previous Registrar's records and act in the same capacity as the
previous Registrar. Any Registrar selected by the City must be either a commercial bank or trust company organized and doing business
under the laws of the United States of America or of any State, authorized under such laws to exercise trust powers, and subject to
supervision or examination by Federal or State authority. Successor Registrars, if any, will be designated and appointed by the City.
Not
business day of the month next
This Official Notice of Sale does not alone constitute an offer to sell the Bonds. This Official Notice of Sale, the Official Bid Form and the
Official Statement collectively constitute the offer to sell the Bonds. Prospective purchasers are urged to carefully examine the Official
Statement and to make other investigations they deem necessary to determine the investment quality of the Bonds.
defined as the last
payment date for the Bonds is
interest
The record date for the interest payable on any
preceding such interest payment date.
An Offer To Sel
Successor Pa
Record Date
ective States
The offer and sale of the Bonds have not been registered or qualified under the Securities Act of 1933, as amended, in reliance upon the
exemptions provided thereunder. The Bonds have not been registered or qualified under the Securities Act of Texas in reliance upon
various exemptions contained therein; nor have the Bonds been registered or qualified under the securities acts of any other jurisdiction.
Neither the City nor Moroney, Beissner & Co., Inc. assumes any responsibility for qualification of the Bonds under the securities laws of
any jurisdiction in which the Bonds may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of
responsibility for qualification for sale or other disposition of the Bonds shall not be construed as an interpretation of any kind with regard
to the availability of any exemption from securities registration provisions.
Official Statement
for Sale in Res
The accompanying Official Statement is in a form deemed final as of its date within the meaning of the Securities and Exchange
Commission Rule 15c2-12 (the "Rule"). The Purchaser is responsible for informing Moroney, Beissner & Co., Inc., Financial Advisors to
the City, of the initial offering yields on the Bonds on the next business day after award of the Bonds is made. The City will prepare a
Supplement to the Official Statement describing these offering yields, the interest rates on the Bonds and other terms relating to the initial
reoffering of the Bonds. The City will furnish to the Purchaser within seven (7) business days from the sale of the Bonds to the Purchaser,
up to 100 copies of the Official Statement together with a like number of the Supplement at no cost to the Purchaser. The Purchaser
shall be responsible for the printing costs of copies of the Official Statement and Supplement in excess of 100 and the cost of a reprinted
Official Statement with the information contained in the above-mentioned Supplement incorporated therein, if requested by the Purchaser.
Except as noted above, the City assumes no responsibility or obligation for the distribution or delivery of any copies of the Official
Statement in connection with the offering or reoffering of the Bonds.
ualification of Bonds
Res
lex
Hi
in accordance with the
Continuine Disclosure
The City has agreed in the Bond Ordinance to provide certain periodic information and notices of material events
Rule 15c2-12, as described in the Official Statement under "CONTINUING DISCLOSURE REQUIREMENTS"
ies
Additional Co
&
Bid Form may be obtained from Moroney, Beissner
copies of the Official Notice of Sale, Official Statement and Official
1980 Post Oak Boulevard, Suite 2100, Houston, Texas 77056.
Additional
Co., Inc.
NORMAN MALONE, MAYOR
CITY OF LA PORTE, TEXAS
Hieher Educational Facilities
The San Jacinto Community College District encompasses approximately 289 square miles in southeast Harris County, including the City
of La Porte, providing the residents of the City with higher educational facilities. The College District has three campuses; the Main
Campus adjacent to the City of La Porte on its west side; the North Campus north of the Houston Ship Channel, and the South Campus just
southwest of Pasadena within the city limits of the City of Houston. San Jacinto college offers two-year educational programs leading to
Associate of Arts and Associate of Science Degrees.
5
41
4
In the event the Book-Entry-Only System is discontinued with respect to the Bonds, the Bonds, may be transferred, registered and assigned
only on the registration books of the Registrar, and such registration and transfer will be without expense or service charge to the owner,
except for any tax or other governmental charges required to be paid with respect to such registration and transfer. A Bond may be
assigned by the execution of an assignment form on the Bonds or by other instrument of transfer and assignment and with guarantee of
signatures acceptable to the Registrar. A new Bond will be delivered by the Registrar for the Bond and the Bond being transferred or
exchanged at the principal corporate office of the Registrar. To the extent possible, new Bonds issued in an exchange or transfer of Bonds
will be delivered to the registered owner or assignee of the owner in not more than and under reasonable circumstances, three business
days after the receipt of the Bonds to be canceled in the exchange or transfer and the written instrument of transfer or request for exchange
42
Future Re
stration
GENERAL
At the time of payment for and delivery of the Bonds, the City will furnish each Purchaser a certificate signed by the City Manager acting
in his official capacity, to the effect that the Official Statement has been authorized and approved by the City Council, and to the best of
his knowledge and belief after reasonable investigation: (a) neither the Official Statement nor any amendment or supplement thereto
contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein, in light of
circumstances in which they were made, not misleading; (b) since the date of the Official Statement no event has occurred which should
have been set forth in an amendment or supplement to the Official Statement which has not been set forth in such amendment or
supplement; and (c) there has not been any material adverse change in the operation or financial affairs of the City since the date of such
Official Statement.
The City will furnish the Purchaser a Certificate signed by the Mayor and City Secretary which will recite, among other things, that no
litigation of any nature has been filed or is now pending to restrain or enjoin the issuance or delivery of the Bonds or which would affect
the provision made for their payment or security, or in any other manner questioning the proceedings or authority concerning the issuance
of the Bonds, and that so far as is known and believed, no such litigation is threatened.
No Liti
The various legal opinions to be delivered concurrently with the delivery of the Bonds express the professional judgment of the attorneys
rendering the opinions as to the legal issues explicitly addressed therein. In rendering a legal opinion, the attorney does not become an
nsurer or guarantor of that expression of professional judgment, of the transaction opined upon, or of the future performance of the parties
o the transaction. Nor does the rendering of an opinion guarantee the outcome of any legal dispute that may arise out of the transaction.
Certification as to Official Statement
ation Certificate
The legal fee to be paid Akin, Gump, Strauss, Hauer & Feld, L.L.P., for services rendered as Bond Counsel
and sale of the Bonds, is contingent on the sale and delivery of the Bonds.
in connection with the
The City will furnish without cost to the Purchaser a transcript of certain certified proceedings had incident to the issuance and
authorization of the Bonds including a certified copy of the approving legal opinion of the Attorney General of Texas, as recorded in the
Bond Register of the Comptroller of Public Accounts of the State of Texas, to the effect that the Attorney General of Texas has examined a
transcript of proceedings authorizing the issuance of such Bonds, and that based on such examination the Bonds are valid and legally
binding obligations of the City, and based upon an examination of such transcript of proceedings, the legal opinion of Akin, Gump,
Strauss, Hauer & Feld, L.L.P., Bond Counsel, to a like effect (subject as to enforcement to the applicable bankruptcy, moratorium and
similar laws applicable to creditors' rights generally from time to time in effect). The opinion of Akin, Gump, Strauss, Hauer & Feld,
L.L.P. with respect to the exemption of the interest on the Bonds from federal income taxation is described under the caption "TAX
MATTERS" in the Official Statement.
Le~al Opinion
The Bonds are "qualified tax-exempt obligations", within the meaning of section 265 of the Internal Revenue Code of 1986 (as amended),
for purposes of computing the disallowance of interest expense allocable to interest on the Bonds for financial institutions. See "Qualified
Tax-Exempt Obligations" in the Official Statement.
issuance
San Jacinto Communit
College
ualified Tax-Exem
The delivery of the Bonds are subject to an opinion of Akin, Gump, Strauss, Hauer & Feld, L.L.P., San Antonio, Texas, Bond Counsel, to
the effect that interest thereon is excludable from gross income for federal income tax purposes under existing law and that the Bonds are
not private activity bonds. See "TAX MATTERS" in the Official Statement for a complete description of Bond Counsel's opinion.
ations
Tax Exemption
exchange.
shall, on the date of initial delivery, authenticate and deliver in exchange for the Initial Bond, Bonds registered in accordance with
instructions in an aggregate principal amount equal to the aggregate principal amount of the Initial Bond submitted for transfer
e
e
such
or
There are five universities
University, and Houston Baptist
located in nearby Houston: the University of Houston,
University, all of which offer full four-year as well
e
Rice University, Texas Southern University, St.
as postgraduate programs.
e
Thomas
be in multiples of 1/8 or 1/20 of I %. The
Bids providing for zero or supplemental
e
bear interest at one and the same rate. Interest rates must
interest rates named may not exceed 2% in rate.
--
Bonds maturing on the same date must
spread between the highest and lowest
interest rates will not be considered.
amenities. Sylvan Beach Park, a
is considered one of the
golf course
e
The City offers over 140 acres of park space, four public pools, and a number of major recreational
historical landmark in La Porte, provides beach front access to Galveston Bay. The City's municipal
finest municipal golf courses in Texas and is often the site for regional and statewide tournaments.
--
Recreational Facilities
Ci
Award of Sale
For the purpose of awarding the Bonds, the interest cost of each bid will be computed by determining, at the interest rate or rates specified
therein, the total dollar amount of all interest and deducting therefrom the premium bid, if any. In the event of an error in interest cost
calculations, the interest rates named in the Official Bid Form will govern. The City agrees to award the Bonds on the sale date to the
bidder whose bid on the above computation produces the lowest interest cost to the City and is in strict accordance with the bidding
conditions of this Official Notice of Sale or reject all bids for the Bonds and readvertise the Bonds for competitive bid. No award will be
made to any bidder bidding on terms and conditions not in strict conformity with this Official Notice of Sale.
Deliver
To provide the City with information to enable it to comply with certain conditions of the Internal Revenue Code of 1986, as amended,
relating to the exclusion of interest on the Bonds from gross income for federal income tax purposes, the successful bidder will be required
to complete, execute and deliver to the City (on the next business day after award of the Bonds are made) a certification regarding "issue
price" substantially in the form enclosed herewith as Exhibit A to this Notice of Sale. If the successful bidder will not reoffer the Bonds for
sale or has not sold a substantial amount of the Bonds of any maturity by the date of delivery, such certificate may be modified in a manner
approved by the City. In no event will the City fail to deliver the Bonds as a result of the successful bidder's inability to certify actual sales
of Bonds at a particular price prior to delivery. Each bidder, by submitting its bid, agrees to complete, execute, and deliver such a
certificate by the date of delivery of the Bonds, if its bid is accepted by the City. It will be the responsibility of the successful bidder to
institute any syndicate reporting requirements, to make such investigation, or otherwise to ascertain the facts necessary to enable it to make
such certification with reasonable certainty. Any questions concerning such certification should be directed to Bond Counsel.
Each bid must be secured by a Good Faith Deposit in the form of a bank certified or bank cashier's check in the amount of $108,000
accompanying bids for the Bonds, payable to the City. The Good Faith Deposit may accompany the Official Bid Form or it may be
submitted separately; if submitted separately, it shall be made available to the payee prior to the opening of the bids and shall be
accompanied by instructions of the bank on which drawn, which authorizes its use as a Good Faith Deposit by the successful bidder (the
"Purchaser") who shall be named in such instructions. The check of the Purchaser will be retained by the City to assure performance of the
contract on the part of the Purchaser. In the event the Purchaser should fail or refuse to take up and pay for the Bonds in accordance with
its bid, then said check will be cashed and accepted by the City as full and complete liquidated damages. Otherwise, the Good Faith
Deposit will be returned to the Purchaser upon the delivery of and payment for the Bonds. No interest will be paid by the City on the Good
Faith Deposit. The checks of the unsuccessful bidders will be returned after award of the Bonds is made.
It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such number on any
obligation nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser to accept delivery of and pay for
the Bonds in accordance with the terms of this Official Notice of Sale and the terms of the Official Bid Form. All expenses in relation to
the printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the
assignment of the numbers shall be the responsibility of and shall be paid for by the Purchaser.
DELIVERY OF THE BONDS AND ACCOMPANYING DOCUMENTS
Delivery of the Bonds will be accomplished by the issuance of one initial Bond (the "Initial Bond"), either in typed or printed form, in the
principal amount of $5,400,000 payable to the Purchaser, signed by the manual or facsimile signatures of the Mayor and City Secretary,
approved by the Attorney General of the State of Texas, and registered by the Comptroller of Public Accounts of the State of Texas.
Delivery of the Initial Bond (the "Initial Delivery") will be at the corporate trust office of the Registrar. Payment for the Initial Bond must
be made in immediately available funds for unconditional credit to the City, or as otherwise directed by the City. The Purchaser will be
given five (5) business days notice of the time fixed for the Initial Delivery. It is anticipated that Initial Delivery can be made on or about
August 27, 2002, and it is understood and agreed that the Purchaser will accept delivery and make payment for the Initial Bond on August
27,2002, or thereafter on the date the Initial Bond is tendered for delivery, up to and including September 10, 2002. If for any reason the
City is unable to make delivery on or before September 10, 2002, then the City shall immediately contact the Purchaser and allow the
Purchaser to extend his offer for an additional thirty days. If the Purchaser does not elect to extend its offer within six days thereafter, then
the Good Faith Deposit will be returned, and both the City and the Purchaser shall be relieved of any further obligation.
Bond
Issue Price Certificate
Good Faith Deposit
of Initial
CUSIP Numbers
Golf Course
Forest
Ba
Bond
If the Purchaser furnishes to the Registrar, at least five days prior to the Initial Delivery, written instructions designating the name in which
the Bonds are to be registered, the address of the registered owner, the maturities, interest rates and denominations thereof, the Registrar
3
Exchanl!e of Initial
lex
43
Cit
2
All bids must be submitted on the Official Bid Form enclosed herewith without change. The Bonds will be sold in one block, all or none,
at a price of not less than par value plus accrued interest from Issue Date of the Bonds to date of delivery. Bidders are requested to specify
the rate or rates of interest that the Bonds will bear. There is no limit on the number of interest rates that may be named; however, all
T
Under the terms of the contract with Moroney, Beissner & Co., inc., Financial Advisor to the City, it is agreed and understood that
Moroney, Beissner & Co., Inc. shall not be permitted to purchase any Bonds from the City nor have any interest directly or indirectly, in
the original purchase and sale of the Bonds, except as Agent for the City. As Financial Advisor to the City, Moroney, Beissner & Co., Inc.
will be paid a fee based upon a percentage of the principal amount of Bonds actually sold and delivered, which fee is contingent upon
such sale and delivery.
No Bid From
Bids may be submitted by Telephone or Facsimile if signed Bid Forms are received by Moroney, Beissner & Co, Inc. on or before the day
of sale. Telephone bids (713/960-8900) and facsimile bids (713/960-8904) must be received by 4:00 p.m. CDST on the day of the sale
to the attention of Moss K. Fetzer.
Bids should be mailed or physically delivered so that they arrive at the place of sale provided on the previous page, not later than 6:00
p.m., CDST, July 22, 2002. For convenience of bidders, bids may be delivered to Moroney, Beissner & Co., Inc., 1980 Post Oak
Boulevard, Suite 2100, Houston, Texas 77056, Agent for the City; and, if delivered not later than 4:00 p.m., CDST, July 22, 2002, will
be deemed to have been delivered to the City in accordance with the terms of this Official Notice of Sale. Bids so delivered will not be
opened except by the City Council of the City and will not be opened prior to 6:00 p.m., CDST, July 22, 2002. Late bids will not be
considered.
Deliver
Bids should be in sealed envelopes plainly marked "Bid for Bonds" addressed to the Mayor,
La Porte, Texas 77571
Address of Bids
Attorney General of the State of Texas and Akin, Gump, Strauss,
Lel:aIity
The Bonds
taxes
will constitute valid and legally binding obligations
against taxable property located in the City, within the limits
Security
Wastewater Treatment Plant Improvements
Fire Station No.2 Relocation and Renovations
Total
$3,500,000
1.900,000
$5,400,000
The proceeds from the sale of the Bonds
will be used for the following purposes:
Use of Proceeds
Amount
$ 3,500,000
$ 1,900,000
$ 7,700,000
$ 3.200.000
$16,300,000
The Bonds
were authorized at an election held by the City on February 2, 2002, by a majority of the votes cast as follows
44
e of Bids and Interest
Rates
the Financial
Advisor
of Bids
The City has never defaulted.
Pa
ment Record
BIDDING CONDITIONS
Hauer
& Feld, L.L.P.. San Antonio, Texas, Bond Counsel
City of La Porte, 604 W. Fairmont Parkway,
~
of the City, payable from and
prescribed by law.
secured by a continuing levy
of ad valorem
Purpose
Wastewater Treatment Plant iIprovements
Fire Station No.2 Relocation and Renovation
Police Dept. Headquarters and Emergency Operations Center
Youth Baseball Complex and Westside Park Improvements
For
587
567
562
506
Against
35
56
68
5
Authorization
-
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OFFICIAL NOTICE OF SALE
Dated July 8, 2002
Chambers of
July 22, 2002, in the Counci
and Time of Sale
The City Council of the City of La Porte, Texas, will receive sealed bids until 6:00 p.m., CDST,
the City Hall, 604 W. Fairmont Parkway, La Porte, Texas 77571 on the following
Place
DESCRIPTION OF BONDS
EXAS
for financial institutions. See "TAX MATTERS - Qualified
The City has designated the Bonds as "qualified tax-exempt obligations'
Tax-Exempt Obligation for Financial Institutions."
The City of La Porte, Texas, Limited Tax Bonds, Series 2002 (the "Bonds") will be dated July 15,2002 ("the "Issue Date"). Interest on the
Bonds will accrue from the Issue Date and will be due on March 15, 2003, and each September 15 and March 15 thereafter until maturity.
The Bonds will be issued in fully registered form in integral multiples of $5,000, and principal and semiannual interest will be payable at
JPMorgan Chase Bank, the paying agent/registrar (the "Registrar"), at its principal payment office in Dallas, Texas. The Bonds will be
initially registered and delivered only to Cede & Co., the nominee of The Depository Trust Company ("DTC") pursuant to the Book-
Entry-Only System described herein. Beneficial ownership of the Bonds may be acquired in denominations of$5,000 or integral multiples
thereof. No physical delivery of the Bonds will be made to the purchasers thereof. Principal of and interest on the Bonds will be
payable by the Registrar to Cede & Co., which will make distribution of the amounts so paid to the beneficial owners of the Bonds. See
"Book-Entry-Only System" herein If the date of the payment of the principal or interest on a Bond is a Saturday, Sunday, legal holiday, or
a day on which banking institutions in the city where the payment office of the Registrar is located are authorized by law or executive
order to close, or the United States Postal Service is not open for business, then the date for such payment will be the next succeeding day
which is not such a Saturday, Sunday, legal holiday, or a day on which banking institutions are authorized to close, or the United States
Postal Service is not open for business, and payment on such date will have the same force and effect as if made on the original date
payment was due.
See
Company CDTC").
stem
The City of La Porte, Texas (the "City") intends to utilize the Book-Entry-Only System of The Depository Trust
"BOOK-EN TRY-ONLY SYSTEM" in the Official Statement.
Book-Ent
[this page intentionally left blank]
Principal
Amount
$270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
March 15
Maturity Schedule
Year
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
Principal
Amount
$270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
270,000
Year
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
tional Provisions
All Bonds maturing on or after March 15,2016, are optional for redemption in whole or in part on March 15,2015, or any date thereafter
at par value thereof plus accrued interest to the date fixed for redemption. If less than all of the Bonds are redeemed at any time, the
particular Bonds to be redeemed shall be selected by the City in integral multiples of $5,000 within anyone maturity. The registered owner
of any BO'ld, all or a portion of which has been called for redemption, shall be required to present same to the Registrar for payment of the
redemption price on the portion of the Bond so called for redemption and a new Bond in the principal amount equal to the portion of such
Bond not redeemed will be issued to such registered owner.
o
Akin, Gump, Strauss, Hauer & Feld, L.L.P.
San Antonio, Texas
BOND COUNSEL
Robert T. Herrera
John Joerns
Cynthia Alexander
Michael Dolby
Martha Gillett
Steve Gillett
Knox Askins
Moroney, Beissner & Co.
Inc.
City Manager
Asst. City Manager
Finance Director
Asst. Finance Director
City Secretary
Director of Public Works
City Attorney
Financial Advisors
15 Years
21 Years
8 Years
2 Years
4 Years
19 Years
35 Years
52 Years
Name
Title
Length of
Service
APPOINTED OFFICIALS
Norman L. Malone Mayor 17 Years*
Howard Ebow Mayor Pro-Tern 6 Years
Michael Mosteit Councilperson Newly Elected
Chuck Engelken Councilperson 5 Years
James Warren Councilperson I Year
Charlie Young Councilperson 4 Years
Bruce Meismer Councilperson Newly Elected
Peter Griffiths Council person 4 Years
Barry Beastely Councilperson Newly Elected
*Mayor Malone previously served five years as Councilman.
5/03
5/03
5/05
5/03
5/04
5/04
5/05
5/04
5/05
Retired, Pasadena I.S.D.
Technician, Millenium Chemical
Electrical Worker
Route Design Specialist, HL&P
Retired, USAF
Retired, Chemical Plant
Business Owner
High School Principal
Director, Southwestern Bell
Official
Title
Years of
Service
Term
Exoires
Occuoation
ELECTED OFFICIALS
All powers of the City are vested in the City Council which enacts local legislation, adopts budgets, determines policies, and employs the
City Manager. The City Manager is the Chief Executive Officer and head of the Administrative Branch of the City government. The City
Council determines the goals of the City and operates as a policy making body. The City Manager executes the policies of the City
Council concerning matters of policy, personnel and budgeting.
The City Council is composed of a Mayor and eight Council members. The Mayor and two Council members are elected
Council members are elected from single member districts within the City. The Mayor and eight Council members
year terms on a 3-3-3 sequence.
The City of La Porte (the "City") was incorporated on August 10,
operates under a Council-Manager form of government.
at large and six
are elected for three
e
892, and adopted a Home Rule Charter on March 22,
CITY OF LA PORTE. TEXAS
e
1949
The City
e
e
nt
~ficial Notice of Sale and Officia
$5,400,000
CITY OF LA PORTE, TEXAS
(Harris County)
Limited Tax Bonds, Series 2002
"Qualified Tax-Exempt Obligations"
State
I
Underlying
" Aa3"
"A+"
Applied For
RATINGS ON OUTSTANDING BONDS
nsured G.O,'s
"Aaa"
"AAA"
New Ratings
Moody's
S&P's
SELLING: July 22,2002
6:00 P.M., COST
Prepared under the direction of
Moroney, Beissner & Co., Inc.
Houston, Texas
Financial Advisors to the City
INC.
~
MORONEY~ BEISSNER & CO.
e
e
Executive Summary
State Highway 146 Corridor
Major Investment Study
IS"
.
I
J
~.
+
...
...."
_~.. .# - '. I
Texas Department of Transportation
1
SH 146 Corridor MIS
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Executive Summary
Overview
The SH 146 Corridor Major Investment
Study (MIS) was initiated in December
1999 to evaluate the transportation needs
of the SH 146 Corridor. The purpose of
the study was to define the scope and
characteristics of the transportation
investment to be made in the SH 146
Corridor over the next 20-year period.
The overall goal of the study was to
identify the transportation needs of the
corridor and to determine the
improvements which best address those
identified needs.
The study corridor consisting of portions
of both Harris and Galveston Counties,
extends along SH 146 and serves the
communities of Houston, Bayou Vista,
Clear Lake Shores, EI Lago, Hitchcock,
Kemah, Galveston, La Porte, La Marque
League City, Pasadena, Seabrook,
Shoreacres, Taylor Lake Village, Texas
City, Bay town, and Dear Park. The
study corridor is approximately 24 miles
long and extends from one-half mile east
of SH 146 to one-half mile west of SH
146.
e
Executive Summary
SH 146 Corridor
HOUSTON
SCo
GALVESTON CO.
.
N
"'~
LA MARQUE
- Highway/interstate
- Arterial
- - - RR Tracks
..... County Line
GALVESTON
The underlying characteristics of the SH 146 Corridor vary throughout the project limits in terms
of observed traffic conditions, development patterns, mobility needs and environmental
concerns. For this reason, the corridor was divided into four segments for development and
evaluation of conceptual alternatives. The segments are defined as Segment 1 (IH 45 to FM
517), Segment 2 (FM 517 to FM 518), Segment 3 (FM 518 to Red Bluff road), and Segment 4
(Red Bluff road to Fairmont Parkway). These segments define areas with similar land uses,
demographics, traffic characteristics, and public concerns.
Texas Department of Transportation
SH 146 Corridor MIS
2
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Executive Summary
Problems and Needs
A set of problems and needs within the SH 146 corridor was identified early in the MIS study
process. These identified issues were based on an analysis of the existing traffic conditions,
forecasts of future travel demand 20 years hence, projected population and employment growth
tends, extensive dialogue with concerned citizens and stakeholders within the corridor, and
public input and discussions with federal, state, and local agencies. The identified problems and
needs helped refine the scope ofthe MIS and highlighted those issues to be addressed. Identified
problems and needs included:
Traffic Congestion
.:. On the north end and mid section of the corridor, demand exceeds capacity during both a.m.
and p.m. daily commute periods. In addition, during seasonal recreational and special events,
demand exceeds capacity on a regular basis in the mid section of the corridor
SH 146 Facility Improvement Needs
.:. Many sections of SH 146 need major pavement maintenance or overlay reconstruction.
.:. Operational and safety improvements are needed at various locations throughout the SH 146
corridor due to accident rates and non-standard design configurations.
Parallel Route and Evacuation Needs
.:. Provide for additional modes of transportation such as bicycle and pedestrian facilities.
.:. The lack of hurricane and other evacuation options along the SH 146 corridor is a safety
concern that needs to be addressed.
.:. Roadway flooding along SH 146 and at the Texas City Wye contributes to reduced highway
capacity and increased level of congestion.
.:. When incidents obstruct many sections of the corridor, there are very limited alternative
routes and this results in a breakdown of the SH 146 highway.
Community/ Environmental Concerns
.:. There is a need to improve access to the recreational and scenic resources within the SH 146
corridor.
.:. When considering alternative solutions, address the status of the Houston and Galveston as
ozone "non-attainment" areas.
.:. Some intersections along SH 146 and various port access roads do not meet the requirements
for truck turning movements.
Texas Department of Transportation
3
SH 146 Corridor MIS
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Executive Summary
.:. A substantial number of trains traveling into and out of ports of Texas City and Houston
utilize rail lines having numerous at-grade crossings. These crossings not only require
slower train speeds, but also cause bottlenecks and congestion on the crossing roadways.
.:. Growth in port activities will contribute to the need to improve freight movement to and from
ports of Houston, Texas City, Galveston, and within freight corridors in the SH 146 study
area.
.:. A number of attractions, businesses, and events are important to the economy of the corridor
and the improvement alternatives must provide adequate accessibility.
.:. Improvements are needed to provide better access to the major employment generators such
as Kemah/Seaabrook entertainment center, NASA corridor communities and ports.
.:. Traffic, population and employment trends reveal the existence of variety of travel needs
throughout the corridor.
Study Goals
In evaluation of the Problems and Needs, comprehensive goals were developed to provide
guidance for the development and evaluation of the transportation alternatives to be considered.
These goals were adopted by the Steering Committee and served as the guiding principals for the
MIS:
Goal 1: Reduce Traffic Congestion
Goal 2: Improve Hurricane Evacuation
Goal 3: Improve Safety
Goal 4: Provide Travel Options
GoalS: Protect Natural and Social Environment.
Roadway Alternatives Considered
Based on the adopted study goals and objectives, a range of conceptual alternatives was
developed to meet the needs of the corridor. These conceptual alternatives ranged in scope and
focus from a No-Build Alternative to various build alternatives that represented various levels of
investment.
Utilizing a "mix-n-match' process, combination of planning concepts were defined, resulting in
twelve conceptual alternatives. These were then screened using a "fatal flaw" type analysis to
arrive at six alternatives that were considered to be viable for the various corridor segments. The
twelve conceptual alternatives include:
Texas Department of Transportation
4
SH 146 Corridor MIS
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Executive Summary
1. No-Build Alternative
The No-Build Alternative assumes the current roadway configuration plus enhancements of
regional significance that are already under construction or that are planned and have committed
funding sources. The enhancements included in the no-build alternative are expected to be in
place by the year 2022 and they represent the future base system against which all other
alternatives are compared.
2. Transportation System Management (TSM) Alternative
This alternative included the existing and committed improvements in the no-build alternative
plus traffic operational improvements and travel demand programs designed to relieve
congestion. The elements of the TSM alternative would also be included in all build alternatives.
The following are the TSM elements:
.:. Improved traffic signal systems
.:. Operational and circulation improvements
.:. Increased bus transit services
.:. Bicycle/Pedestrian facilities
.:. Expansion of park- and-ride/ park- and-pool facilities
.:. Motorist information systems
.:. Intersection improvements
.:. Rideshare support programs
3. Arterial Alternative
Arterial roadway consists of expansion of roadway depending upon design year 2022 traffic
projections.
4. Arterial with grade separation at major intersections Alternative
This alternative is similar to arterial alternative, except grade separation would be provided at
major connecting roadways.
5. Arterial with access road Alternative
This alternative is similar to arterial alternative but also includes an adjacent road, which would
provide access to local businesses in between connecting roadways.
Texas Department of Transportation
5
SH 146 Corridor MIS
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Executive Summary
6. Arterial with Express Lanes grade separated at major
intersections Alternative
Arterial with express lanes consists of express lanes immediately adjacent to the existing arterial
or expanded arterial with grade separations at connecting roadways.
7. Freeway with Frontage Roads and potential future HOV lanes
Alternative
This alternative would provide a facility with one-way frontage roads on both side of the freeway
and potential future HOV lanes. This alternative includes the standard TxDOT freeway design
elements.
8. Alignment option Alternative
This alternative would consist of moving the existing SH 146 alignment either to the east or to
the west or in combination.
9. Truck Lanes Alternative
Exclusive truck lanes could be provided in the median of the freeway, included in the express
lanes, or be on an elevated structure in the median or on either side of the arterial roadway.
Exclusive truck lanes is an alternative in selected segments of SH 146 to provide better mobility
for non-truck traveling motorists.
10. Transit Alternative
The potential for this alternative (high performance bus or rail) is related to the nature of travel
demand in the corridor. This includes the purpose of the trip, the time of the day, and the trip's
origin and destination. For the purpose of this particular MIS, highway and transit demand
forecasting were done separately, with H-GAC playing the lead role.
11. HOV Lanes Alternative
HOV lanes would likely be constructed within the median of a freeway section, to compliment
Park and Ride facilities. Like the transit alternative, demand is largely dependent upon potential
users having similar origin and destinations.
Texas Department of Transportation
6
SH 146 Corridor MIS
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Executive Summary
12. Non-Motorized Modes Alternative (Alternate Modes)
This alternative would provide improvements to both bicycle accommodations and pedestrian
access.
Emergency Evacuation
The No-Build, TSM, and Non-Motorized Modes Alternatives could not provide a 100 percent
evacuation of the affected areas of Harris and Galveston Counties within the acceptable 48-hour
time period. However, all of the other build Alternatives are able to accommodate the
evacuation more efficiently with a 100 percent evacuation of the affected areas within the 48-
hours. Therefore, it can be concluded that any of the build alternatives can easily meet the
evacuation needs.
Corridor safety Concerns
Safety of the future transportation system within the SH 146 was a major concern of the citizens
who participated in the public meetings. In response to these concerns, safety concepts related to
the design of facilities in the corridor were incorporated in all the build alternatives. Major
elements of these concepts included:
.:. Re-Design of major intersections to meet current TxDOT design standards.
.:. Increased motorist assistance patrols in the corridor.
.:. Provide relief of the congested areas in the corridor.
.:. Ability to reverse one lane of traffic between the Texas City Wye and Fairmont Parkway.
The implementation of these elements will improve the safety within the corridor and respond to
the concerns that have been raised.
Environmental Analysis
As part of the MIS evaluation, a full range of environmental impact concerns was discussed for
their potential affect on the viable alternatives. These concerns include Noise, Air Quality,
Water Quality, Wetlands, Floodplains, Wildlife Habitat, Endangered Species, and Hazardous
Materials. The evaluation indicated that there are rehitively few environmental or community
constraints within the corridor that would be adversely affected with the implementation of one
of the viable build alternatives. Therefore, if the No-Build and TSM Alternatives are determined
to be inadequate to meet the goals of the SH 146 corridor MIS, the resulting environmental
impacts from selecting a build alternative will be similar, regardless of which build alternative is
selected.
Texas Department of Transportation
7
SH 146 Corridor MIS
.f
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Executive Summary
Recommended Preferred Alternative
Based on findings of the technical evaluation of the alternatives, a recommendation for locally
preferred alternative was developed. This recommendation was based on the five goals
established early in the study.
Based on these five key findings, TxDOT and the Steering Committee recommended that
following Alternatives be selected as the Locally Preferred Alternatives for the four segments of
the corridor.
1) Alternative #4 for Segments #1 and 2.
" '-~'-'-'
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2) Alternative #6 for Segment #3.
Texas Department of Transportation
8
SH 146 Corridor MIS
e
e
Executive Summary
3) Alternative #7 for Segment #4.
'~,:.,,,~' ,
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':PLAN,VIEW LINE DIAGRAM'
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FREEWAY SECTION WITH FRONTAGE ROADS
'AND POTENTIAL FUTURE HOV, LANES
Texas Department of Transportation
9
SH 146 Corridor MIS
---
e
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Executive Summary
F airmQnt Parkw
Fairmont Pkwv
Segment 4 - Provide 6 ~reeway lanes
with Frontage Roads and potential
future liQV l~ues.
Red Blun
Segment 3 - Provide 6 Arterial Lanes
with Express lanes grade separated at
major intersections.
FM 518
~-~<<CD \
" '
\
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\
\ 120941
Harris County \.. ~m
. \ O.League City
Galveston County . \.
\ .
8\ '\ 'S17
1-45 \ \ ,"-~!
" O.Oickinson
\ '
,
'-..
'\,
\\0....
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La Marque\. 0 '-.
\.... \
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"
Cha m bers County
Galveston Count
Segment 2 - Provide 6 Arterial lanes
with grade separation at major
intersections
FM 517
o Texas City
Segment 1 - Provide 4 Arterial lanes
with grade separation at major
intersections.
145
-',
'-...
~
To Galveston
Next Step
The recommended locally preferred alternative would be considered in July 2002 by the
Metropolitan Planning organization (MPO) for adoption into the Regional Transportation Plan
(VISION 2022). Following its adoption into the regional plan, the amended VISION 2022 will
be evaluated for conformity with regional air quality requirements. Preliminary design,
environmental documentation and final design will then follow.
Texas Department of Transportation
10
SH 146 Corridor MIS
e
e
Notes for 7-22-02 council- Claus
On Feb. 25 of this year an elderly widow named Delia Claus spoke before this
council.
She was blunt and to the point in accusing the City of abusing and harassing
her.
She summed it all up when she flatly stated that she wanted Herrera to get off
her back.
The reasonable, logical approach to this situation would have been to research
Mrs. Claus's City file, see if the facts supported her claims and take appropriate
action... But that did not happen. Instead, during summation remarks, one
councilman did his best to try to discredit Mrs. Claus. He said, among his several
remarks about her, that she had accused the city of killing her husband, she had
moved City sand from the alley into her yard. He said the she was at the City
"almost every day, we can never satisfy that woman". The councilman made it
sound like the City had done everything possible to "satisfy" Mrs. Claus.
Now let's look at the facts.
Unlike that councilman, I reviewed Mrs. Claus's City file before I judged what
she said, and I found she gets a City permit when she so much as changes out a
hot water heater or air conditioner. I also found the details of the 4 Zoning tickets
the city has repeatedly tried to use to prosecute her in the City's municipal court.
The 4 tickets represent $8,000 in fines. Mrs. Claus did not even have the $500
to pay for an attorney I had located for her; so you can imagine the anxiety and
stress the City and It's contract attorneys put on Mrs. Claus for over a year.
Let's look at the facts regarding just 1 of those tickets.
'" ..And there it is, conclusive proof that the City and it's attorneys harassed and
abused Mrs. Claus for over a year with their false charges.. . And under
presentation of these facts, your good ole boy court system had to dismiss all
charges.
And just as important,oothe facts prove that the councilman's statement that, "
we can never satisfy that woman", was false; and the only one he discredited
was himself.
With this as a background, I have a 1435 question for you, Mr. Malone. Why
did you repeatedly violate the State open meetings Law, to try to discredit Mrs.
Claus with false statements and then apologize to the City manager for having to
listen to Mrs. Claus's accusations; When logic and decency called for you to do
just the opposite; apologize to Mrs. Claus and get after the City manager to get
act together. When are you going to the decent thing and publicly apologize to
Mrs. Claus.
"
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Page 1 of 3
Words are Bolded for emphasis
Ticket 2328 - . " maintaining a public nuisance by allowing standing water in 2 bath
tubs in violation of sec. 34-128 of the City's Code of Ordinance".
Let's look at sec. 34-128 to see exactly what it says.
Sec. 34-128. Prohibited conditions designated.
The following specific acts and conditions are declared to constitute a public nuisance
and are hereby prohibited and made unlawful:
(1) Weeds, brush, rubbish, and all other obje~ionable, ~~~iQ.tttly 'and unsanitary matter
of whatever nature, covenng or partly covermg the g'urface of any lot or parcel of
real estate situated within the city, and within 150 reerotimy residence or place of
business within the city; and
2) Any lot or parcel of real estate situated within the city which has the surface thereof
.---...,..
filled or partly filled with holes, or is in such condition that the.fotor parceJ holds
or is liable to hold stagnant water therein, or, from any other cause, IS"ln-'such
condition as to be liable to cause disease, or produce, harbor or spread disease germs
of any nature or tend to render the surrounding atmosphere unhealthy, unwholesome or
obnoxious.
-. ~, -"".iI ..~? C ~
Co~c1~kln: ,";, JeA".) J CY\(9.""V',.Z._ G'--"..' !~~.4..j
The so called "standing water" in the antique bathtubs was not covering the surface
of a lot as described in paragraph (1) so the water in the antique bathtubs did not
violate paragraph (1). Paragraph (2) is about pot holes in the Lots surface that can
hold "stagnant" water or cause disease, so the water in the antique bathtubs did not
violate paragraph (2).
Even though I did not violate the ordinance, I emptied the water so the City people
would leave me alone and they harassed me anyway.
The ticket was for standing water and standing water is not even mentioned in the
ordinance section I was accused of violating.
Stagnant water is a violation, and a lot of City owned property is loaded with stagnant
water for days and weeks after a rain. The City Does violate their own ordinance on
stagnant water, does nothing to correct their violations and then tickets me when I DID
NOT violate the ordinance.
~
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Ticket 2329 - "accessory building located inside yard in violation of sec. 106-741 of the
city's code of ordinance."
First, the City verified that the building was moved temporarily out of the back yard
while my sewer was being repaired.
Secondly, When I had it moved back to the backyard; The City did not tell me about
set backs until after I had moved it. Now I have to move it again because the City says it
is too close to the house, but it's not harming anyone where it is.
Ticket 2330 - Exterior Storage
The ticket violation states" Exterior storage in a residential zone (wood crates, 2
bathtubs, etc) in violation of sect 106-773 of the City code of Ordinance."
Let's look at sec. 106-773 to see exactly what it says.
Sec. 106-773. Exterior storage.
In residential zones, all materials and equipment shall be stored within a building or
fully screened so as not to be visible from adjoining properties, except for the following:
(1) Clothesline poles and wires;
(2) Construction and landscaping material currently being used on the premises;
(3) Off-street parking of passenger vehicles and light trucks, as defined in this chapter;
(4) Firewood, compost, or residential lawn and garden tools.
The 1963 edition of the American College Dictionary has 13 definitions for materials,
and an antique bath tub does NOT fit any of them. There are 5 definitions for equipment
and an antique bath tub does fall under any of them.
As you see, I did not violate sec. 106-773 as the City claims; but I moved the bath
tubs to the side of the house so the City people would leave me alone.... And they
harass me and drag me into court anyway.
Read sec. 016-773 again and you'll probably discover that many people in this room
violate it as it is written. There are many people on my street that do violate 106-773 as
it is written but the City leaves them alone and comes after me.
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Page 3 of 3
Ticket 2331 , If Fence placement in front of yard in violation of sec. 106-791 of the
City's Code of Ordinance".
That fence existed prior to Zoning Ordinance 1501 which was passed in 1987.
The City people are well aware that the fence was a pre-existing non-conforming use
which is not a violation of the ordinance. I think it is sad that the City has used the non
conforming use permit to help their buddies put a feed lot in a citizens front door, but
they try ignore it when it's about a fence that is not hurting anyone.
Even though the fence was not an ordinance violation, I removed it so the City people
would leave me alone; and they harass me anyway.
I think the hard evidence proves that I did not violate the ordinances as the City has
claimed and I think the hard evidence proves that the City has harassed and abused
me; probably because I'm a vocal critic of the City's administration.
Thank you for your time and consideration,