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HomeMy WebLinkAbout2002-07-22 Regular Meeting and Workshop Meeting e e '\ e e 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. ... e e 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 .. e e 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. e e 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. )/lAA?Ju ~. / ~rman Ma~: M~ e e e e 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 e e 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) e e 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 2 It e 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 3 e e 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 4 e e 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 5 e e 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 6 e e "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 7 e e 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. 8 e e 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 e e 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 e e 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 e e 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 12 e e (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 13 e e (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 14 e e 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 15 e e 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 l6 e e 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 e e EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT (A copy of this docmnent is found elsewhere in this transcript.) A-l e e 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 B-1 e e 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 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, 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 e e 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 e 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 e e 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. 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: 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 e e 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 e e e e 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 e e 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 e 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~~~ e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e e e 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 e 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 e e 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. e e . . e e CITY COUNCIL WORKSHOP BOARDS AND COMMISSIONS APPOINTMENTS FOR AUGUST, 2002 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 -- e 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 e e 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 e e 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 e e 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 e e 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 e e 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) e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e 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 e 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 e 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 - - ocr-- 0'\0-("--........ N \O';;t MOO t- M 00 \0 01.(') r-\O\Oo\O N OOll) _00 0 00 c'f"'l ("I") MOl 0'\ 0"\ 0'\ OO..q- 0'\0'\ r-oo 0\ -.::t r- t") N 0 ~ ~ ~ ;t.,~ ~f ~" ~"~f ~.. r-" ~ fE" g" ~" ~ ~~ t '0 :B ~ :--~ ooo_~"'- - t") ~\Dv") ~l N" ~ ~ .-t 1:1 ("f) r-- - ("I") ~ 0 - : ~ Ei "" "" .3 = co ... ~= 0("") OOC--VlIlN 0 Or<') 000 00 00 0\ \D E ~~ ~~~~~ h ~~ ~g N ~ 00 ~ 8 (<')" ~ ....: N ~ N" "1"" N 0\ \D" ("II" .n \t5 ~ N..o GI _ 0'\- V')-.::t\Of"I\,O....... ........ -N V') 0 '"'f"-.::t "':: 0 N,,\O.. 0\ r- \0..._""'" -.::t \0.,\0 \0.. f"').. V.. 1.0" e Q \00 N 00 C""l l:- N N...... r-- ...... ~ "" "" 00 '" r- Ei ~" 00 ~ ~t_ 8 N.n ~~~ ~ ~ ~ ~~:Q ~ ~ = " co co ...l o ~ ~ - = = '" '" co '" '" ~f~~ ~ ~ GI GI GI 0'\ 0\ g~~ ~ ~ " '" '" "" "" " "e ~~ ~ 8 ~ ~ GlVJ 0,,,_.. C'!. 0.. 00.. "'d".. (I) r.I'..l"CI 0\0 r- 0\ N 00 GI _1:1 00_ '<;f" \0 ~ e: ;}~ ~.. ~ f-< " -g ~ ~ ~ = "" GI O'\\() r-f"1 N 0 Ort') 000 N 0 ~.c ~~ ~~ ~ ~ ~~ ~8 ~ ~ ~ e-~ ~..~.. rj~" g"~" ~v5 ~..~.. ~ f. .~ ~r: ~~ r-- - v ~\O ~~} ~ ~ ~ EA M ~ '0 r- 00 -;lJVJ ~..~ f::.. ~ t:::~"CI 1,(')0 v 0 "go'O' ~ ~ ~ .- ~ u~~ a\N N "" "" ~ GI f"")OO C"i r- .- c.. GI Vl\O 0\ V \0 ~-U"CI ("'i,v" ["t'!, Cfi.. 'V.. ~~.E= ~~ ::; N r-- =Q~r- oov N I.I"l,., "" "" "" S = ~ S u ~~ ~g ~ fi- e :3 = .a 0\.. 00.. \0" -.. \0.. o S" Q,Ju~= r--oo lI)O N ~ li~ ~ ~~t~ -,,0.. ~ ~ ~ ..~ '" "CI)~ "'_ '" ~ ;.;~~~ ~ ~ ~ ~~~i 1: ~~~~ ~~ ~ ~~~ ~ ~ ~ :!~~~ ."Cl rtN.. \0.. \0..\0..\0.. ~ 0\" l::S --.~~..t: ~= r-O\ \0 "'d"'N"'d'" 00 C"I ~ ~~l~ =::J ~~ ~ _~\O 1.0 ~ ~ ~ \) \) l::I 4,) ~ .. .. .. .. .. ;Q~~~ " "'''' '" .-5' E~t.l'Je ~ E.I') u l3~ ~ k., =: ~ ~ ~~ ~ ] ~ ~i o _ ~ u ~:s .~ .~ g 8 ~ '0 .12 ~ ~ ~ 0 ~"E .13 a ~ ~ 8... :lfr j..; UI=l oe_rn ~ ~ ~ ~ 5 5~ ~ &9 ~~~,~ ~ ~ 5 ~ 50 ~.~ ""8 "~ .g. .t! ~ ~ -0 ~ ;l o ~ ~ ~ ~ "~1;; '3 ~ ,0 ~ 5 u e 0 -8 5 ~ 0 11 "= '0 -0 ti ] i 8 g< ~ ~ : ~ ] fr '~ '~ de ~ 11 S ff ti ~^ t ~~~2i~g e "fl.;3tfJ"O :a~c~ at :i ~ = >< _ 0) ^ U ~ C ~ '"d 'C CIO "'0 .. CIS 0 _ :i ~ ~ uf ~ 5 .s ...s""2 ~ ~ 0 ~ Q ~:s ,8 ~ ~ ~ ] ::: ~ ~ .< u ~ ~ ~ e ~"E o:"S"d] g t g b fl ,~ ;g:; ~ ~ fa t g ~ "0 QJ .0 " QJ .~ 2 S - ~ QJ 5 l::l 5 a '" ::I J:; Q ~ ~ t:l - - :i fJ ~ .~ ~ go @ 8 ~ ~ '5 ~ ,~ ~ ~ 0 ~ 0 u fr~" ~ t g g ~ ~ ~ ~ ~ ~ ~ 8 ~ 0 < 0 ~ :oS ~ u .s 0 S al ,s Ei Ei 0 0 f-< <0; u.s~~ o~ ~ oJ 0<< 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 e e e O'\OtnV)....... 0('"-\0.......0""""0("')....... 0'\00("- oom\O f"I....... 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U) CIl"C O\M V r- ~ l/"'t00 f'1"l 00 G.I _= tt)N \0 0\ 0000 r--...... s:1. elI:I N f'l") C"'1 r-- N t: ~~ 00 00 0;- ~] ~ ~ " "" ~ -0'\- N 0-0 lr) 0\ 00 \0\0 N 0 ~ II.l f"')000 N O'<TN - 00 0 l/"'ttr) ...... N .a "C -a to.. "l '<T.. ~ 0.. t'" ......" t'" "\0,, 00.. III <c:t: q G,) eel ~~~ g ~~~ ~ ~ f:: ~~ ~ ~ "C G.I:I ('1')- - 0\ V 0 tt1 'l:t -f'l") -q- 0\ c. 1:;fz.4 0 N MN" tr)" r-: ~ ~ ~ _ _ -N f'1"l: ..... lr) 00 """ r-- r-- C11 0\\.0 0\ - '3'5.; ~ ~ ~ ~.. ~ ~ d- 'a..";.:; ~ v ~ ~ ~ ~ ~ u~~ " ~ ~ ~ ~ ., Q) ('fi ('f') 00 00........ s:1.cu 0\ 0\ \.0 \0 \.0 >-'~IU'C ('f'''L C'f'l 0.. q 'l:t" ;;.g'E= :!:! ~ 8 r--- =~4.J~ N N rfl <""'l "'1- ::I '" ~ ~ ~ ] " ~ a 4.J ~ ~ ~ ~ 00 ~ E :3 ;:I -d r--" r--" 00" 00.. :b.. ~ ~~~g :! :! br; ~ ::i \3" QQ,..~ '" ""'. '" l< " ~ " '" ~ ""' ""' ""' ~ E;~~ &"t ~ " .. '" ~ u u ~ 1:: ~~c:::) ::S:OO \0 0 00 r- 00 ('fi 00 I.Q C) "i'\'S~ - \O~ Ii') g ~ ~ lr) r; ~ 0\ Q.,. r:qa~ f-= 000 1"-" 0" \is 00 0; O\"'r-: rrl ~ l~i ~= ~~ ~ ~ ~ tt) \.0 ~ ~ ~ ~ .5 ~ i ~ ~...: ...: rri" r-: r-: " ... oQ ~ \Ii ~ ~~~ ~ ~ u ~ ~ ~ 4) tl ~ 0 ~ 'l: ~ " ~ ~ ~ ~ g"€ ] u ~ ell .L:I 0 ~ :3 ~ "'0 ... a .e: e ~.~ e Po. :a ~ .0 rn ~.s"r:; "a ~ ~ 53 ~ 5.~ u~ ~ >...g 8 .g ~ 0 $ ~"" > fr s ~ I...': !'l" ,," "" ~f rn :a ~ "C ~og~ t ~ ~B~~8EG = ~ CI U .~ ~ 0..... ~ ~ ~ '.::l fr -S - 8 5 ~ 8 ~ ~ n 0 ~ " .. t:: "''' .,"'" .0 ..., 0 t'l " > .: 3 - 0 :1.- . ~ 4.J 4) ~ ~..E ~ jd ,0 ~ =3 ~ !=:: ~ ~ ~ "~ "0 ~ "3 rn ~ .S ,.g g ] 0 3 So .:3 ~ ~ 5 ...... ...... ~ Ei..c v OJ -E ..... ,;] M.3 ....c ~ :e r:l v a. 00 $ .E 4-+ 0 "0 6 -0 ~ ~ 'Q i:I 0 .g "0;': ~ ~:i! ~ 8...S l-< R CG -a 0 ..2 := ~ bO co .S '"C UJ 0 6 51 t..=, 0' ~ ::: ~ :::I >. !>.... ~ co :-;::: as ..... "d 10 U .e!> _~ tt-o Po Jj. ~ .5 0 t=: !3 1:; ~ ~ ti:: '"d!a CI Jj. u :E .. al'l!lIJUQ,~'Ol'lg~i;:nOOFl .=" .- ~~l<l.aoo'O'O:l::l" .=.. .. rl p.. 9 oS .g u :.::; ~ ~ 0 .;::$ .... 0 ..0 ..y ~ ~ d a.;::$ II.) 13 s 4.) u ~.~ ~ ~., ~ ~ ~] ~ ~ ~i ~ "~ u < 8 1 ] ~ ~ ] i ~ ~ ~ ] 1 ~ ~ ~ ~ .~ ~ i i g .. ",,-,,00 8" ...,,>t::tl Eo< " "::I~""..J..J..."""'" ~ ~ ~ 0 0 ~ = = ~ ~ II.) II.) II.) v 0 = > 0 II.) II.) ~ ~ ~ ~ ~ ~ ~ ~ ~ <<OQQ~ QO~U< "" .su~~ ;::> 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 e e !pi' ~ g ~ ~ ~ ~ ~ aJ_..Q -.:t ("I) 00 00 oo~ oq, ~f~ ~ ~ ~" ~f ~ ~ ~ ,.;: 0 .... ~~~ e. .... .... o N ~ ] r;; ~ ~ to g~ ~ ~ ~ ~ ~~~ ::I -.:t v)'O; 01" v_ 0" 0" v:.""f"..q ~ _ to 0 r--." M t'N 'o:t N N N O\MM GI ~ 'l:t 00 0'\ M r---r--- 0 00 N N ("1)\00 U .e 0'\...... N " "1 t!. M ("I) "t~ 'f u ....: N N ~~ .. -< '" :g fi;oI9 f:,oq .. ~ ON'-" ..-... ~ ~ ~ ~ 8~ ~ ~ ~ ~ ~~~ r--- 0 ~ ~ ~~ ~ M q q ~~~ t ~ i ~ ~ ~~ ~ ~ ~ ~ ;~~ -g~"""" c-i ...... N -- ......"......" = .... .... ~~~ : ~ ~ ; ~ ~ ~~ g g 8 ~ .g f "," d' v" ('I" v5 M 0\ f'f1 0 6 0 .~ s ~ ...... 00 -.:t .q- ~ \0 ...... 00 ~ ~ ~ ~~~ e. .... .... ., i] ,-..,-.. t;&: \0 ~ ~ 0\ ~ ~ ;;\(; ~ ~~ ~b~ #4) \0 v N 00 \0 10- 0 00 0'10\00 ~~ -= ~ :g ~ ~ 8' ~ is sf bf~ gg8' -: _ 0\ M ...... 'o::t...... N 0000 MOM i~ ~ .. ...... --- ~M" :l- ~ 01 ~ ~ '" ~~ o 0 0 0 0 ~\O v 00 vr---- o 0 0 0 0 0'\0'\ 0 ~~ V)Q\O ~ ~ ~ ~ ~ ~ ~6 ~ ~~ 6~~ i ~ N ~ ~ ~ r---~ ~ ee M~~ =.-1 ("') M .... .... ~ ~_~_\OS~~\O~O\~ N~~_v)\OM ~ N ............ M ("I) ~~~ ~~~~~~~~~~~~ ~R~~~~~ ~ ~ ~ ~ ~ ~ ;eS ~~~~OO~to~~~~~ ~;~~~~~ ~ ~ ~ ~ ~ ~ .~o> -M-~ ---- N .N - ~ ~ M M 00 00 <<1>.:9 -...... ...: N"' ("f N >:" e. .... .... "C ~a&~~~~~~~~:: ~~~~~~~ ~ ~ ~g~ B~; ~ g ~ ~~O~~N"':MMMNN Mo~6~00~ 00 M N~~ ~~~ ~ ~.a ~~~~~~~~~~::~ ~;~~~:g~ ~ ~ :g{2; G~~ J1i ~ ~ -< oo........,.....:'v:J N" fi M\D"'ri~."M"""" ~........ ......"- "':1rI"'~ U =- 1 ~ l ~ ~ ~ .... .... " ... " E :i .~ ~ g.o ~ g g :5 ~ ~ g g ~ ~ ~ gj ~ 0 ~ ~ ~ S g 8' 8 ~ ~ ~ ~~_~ ~o8~~o~o~oo~ --OO~N~~ 00 N 000 MNO 3 ~E!"""" ............ ....... .. ... ... ~..~~~ ~ ~~~~~~~~~~~~ ~~~~~~~ ~ M g~~ ~~~ _-'"';'ci CMl N-.::tr-...... M("f'10-.::t~ ("f'1 OI.O<o:t'OO_N \0 ~ f-\O MO-'...... ~ ~~~"'l "t:I oo~_....,; M N Mv:SNN~M_" M" - ..........,;-q-.. ~ ~. ~ ~ .: ~ N M- ~ tf~~~ ~ ~~~. ~ ~ '-1 ! 1 II ~ .... "'iOClt-:: o ",-,"'i.:\ o ~~:g... ~ llJi~J! E 5'1 ~ n 0l0Cl"" ~-O ~ ~l~ ~:a -< 1~5 -!~t~- ~.!{.:) :; -- 85j;;g~ 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 ~~8~i~JJ~..j~~~~~<~~~~~~~i~~ol ~~ 11 ~&t:~"'.EO...l~u.E.E:::;; e.u Q U ~ 0 ~~ ~ ~ 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 $2,319,535 2,134,168 1,949,939 1,711,690 754,800 725,988 697,956 671,175 647,563 651,150 629,150 606,975 584,953 563,281 541,719 520,156 498,594 477,031 333,125 FYE 9/30 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 - e -- -- -- -- 00 ~MMN~ ~ ~MN~ MM ~ ~ 00 ~ ~ ~~M~~....... ~~~_ 0 __ 0 ~ ~ ~ ~ - ~ ~~ ~.. ~ ~ ~:-i ~ ::.. ~~"'~.. ~~.. ~ ~ ~ ~ d- ~ ~ OOOOON~""'" ~OMO 0 ~~ M 00 ~ M ~ ~ ~ ~~~~~ e ~~~~ c ~~ ~ ~ M q ~ f-I' r-... N ("f')-OO N~ ~ ~ ~ ~ -.. -- -.. -- ~ V~_~_ ~ ~ ~ ~ ~ r-... 0 ~ ~ ~ N-v~~ 00 00 00 ~ ~ ~ ~ 0 ~ ~ ~VMMO 0 ~ ~ M M ~ 00 ~ ~ ell -.::to, NO, \1")" N v'" lrl c3' 00 00"......."' _"' N"' 00" .. N ~5 ~ ~~N~~ ~ - .......; c ~ e & ~ ~ Q....... ....... U ~ ~ -.. -- -- ..- ..q ~~~M~ N ~ ~ r-... 0 ~ V M ~ N o M-NOOO 00 0 0 ~ 0 r-... ~ M r-... V oovov~ N ~ V) ~ 0 ~ V) N 0 ~ =~ ~ ~~~~~; ~ ~ ~ ~ ~ ~ ~ g ~ l: :I .- .......,....., M C C C C ("') ....... ~~ ~ ~ I ~ ~ ~ ~~ ~ o NOv~ ~ MNNM MOM V ~ ~ r-... M NO_M 0 ~~~~....... 0.- ....... ~ N N ~~c ~ ~~~ ~ ~~~~ q q q ~ q ~ ~ t:C'SoOOOl \0 V)lr) V f'NNt--- t- 0 r--- V"l ....... 0 e~"" 00 \Ot--.:;;t V') MMMM....... 00 0\ r:- N \O..q ~~~ ~ t-Nq C M~..qM ~ ~ e N c ~ ~ 01 Gl = ...l~< ~ ~ -- - -- -- ....... t"--M- 0\ N N r--.. r--- It'1 N \0 ..q ~ ~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1::......."' 0" 00" 00 v5 00 oc:f r-: ~ 00" 0\ co.. _.. ~ ~ C"') v)0\:::!; .......... e e ["-... c ~ ~ ..... "" '-"" Ii: < ~ .". ~ "" " .S ~ .. ~ - -.. -I .S ~ ~~~~~ ~ ~<<; ~ ~ ~~ ~ ~ 0 ~ ~ II N .......00["-..........0\ 1.0 ~t--- 1.0 0\ 0\0\ 0\ 0\ 0\ \i) V ~~ ~ ~ ~~"~"b"rS:2 ~~.. ~~.. gft 'i ~!i ~ "$" tt~ ...... t---.. ...............C"1........t---............. M~ N..... t---..v.. M C"') r--- ~ I.t"}.. 3 ~"'" :a on N N-on NN "'" on ~ - ~ ............... ....... .". .... ~ ~ ~ ~ ~ ::t~15 fA &'i 1:: ~ ~ ~ _ .. Ii: 9... li:; .!'l"'" ':I Ii: .lr '" ~ >4 ~"'l~ 5 ~ I: tJ" ti _ i o ~::t~ :i'l .. . II:: ell .... (i -~ oS ~ ~ a ~ ~ .. ~ OIl .g .!3 :; ....~ ""' :i'l ~ ~ .5 5 ~ ii: 2 g:> :i'l ~ -o'~ " '0 :; ~ :i'l Gl..a .g E! 01'>. ~ 0 1l OIl ~ ~ ~ I'>. o..w OllU S ~ ~ ~ ~ = M....., Po ~ Gl "'", ":: ... 1::1 I) Q,) - r:z:l C'I:I......... ... '~..s ~ ... 0 - on Cot :1 C CJ CJ:J 0 _ "C.~ 4) = "CI ~ ~ H 0 ~ ~'.p~ ';; :1 = ]::5= Io-i os, 1:1 be ..a I'il e = -0 Of: .... ...s 0 ..3 j:Q -0 .S Gl I'ol .S ii r,; ~ =r l>> i fa ~ ~ = c ~ ~ c ~.g ~ ~ ~ .S :I ~fI} c ;: a;. -. 0 ~J!J! Q,) O;:s ~ :n bI) ... ~~" 01 .. 8 Gl"",,,.. ...J ~"'! e .:'" " ~ e fl Gl Gl .~ '" .. = ~ e a ~ ~ c [; S Q.O 3 ~ 'a .= ~ t ~~ tis!. ~ blJo8.~Q G"...E d~::: as .. :; u ~ '" I>il '" 'E'J:: 0 .. ,s.~ ~ ] g ~ E-< co co .... '0 I:l ~ ~ I>il OIl" 0Il0l~~~~ ! <<wwwZ ~ :jj ~ ~a ~ -0 -0 :! ~ ~ s :a II g 'a: ~ ~ ~ ~ e t: .... :c G G Z fr .eo ~ 8 8 e~ eG~.sg.~ lS'.Bw.BZ tPoPo Ag...so';"B ~~ ~~ooOQ g~..s..s 1'>.00 ~~ t: Gl 00 Z 0 -< ~~ 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 ;;:\ 000\t"-- 0 .........- 0 or---oo I.(") ("t') 00 0 0\ r-... 00 \0 .... N\OI.(") 0 0\0\ 0 o <o:f'f'""-. 0 00 0 t"-- t"-- '<:t '<:f" \0 ""'"c _ 00 0\"' 0'" 00'" 0\" -q-"' trl 0" 00'" NO. ci NO. ~... 00 ... 0" 0\"' 0.... ~ ~ ~...~...~ q ~~... 2- ~ ~...o;.~ ~ ~.. ~ "'1 ~... ~... ~... ~ l:l., ~ r-n~ N~ C~::!- I.(") \0 N ("") V) ... ... ,..-...,.-... -.. ...-............ V)0\r--- N \0 \0 0 00 00 _ r<) -q- t-NN 00 r--- r- \0 \0 N t-- \D rf') O\MC"') \0 \0 \0 00 'V C'I') 0\ I,f') lI") ~ ~ ~... ~ ~ ~f ~... i};"' ti gj"' ~.. c:f ~... ~ 86 O\~c c '-' '-' N C"') .-...... U ... ... ..-..............1 -.. "-..,,,.-... O\MO\ 'V 0 0 r--- r-..q- 1I1 0\ 00 \0 <<:t ~~~::3 g 8 ~ ~ ~ t!. ~ ~ ~ 00 ~ '5 ~ i;~'" ~ ~... ~ e ci ~ g ~... ~... ~... g l:a1 .......cc C .-4 .- ....... ~~ ... ... ,..-......-.. ...-.. -.. ...-.....-..-.. NN 0 0 0 0 0 N N 00 ('f").-4 V)..q t ~~ ~ g g :5 ~ ~ b ~ ~ t'- ~ ~ ~ 1: ... ~ 0, t; ~ 0' 0' 0' N N or) 1'--- 0\' r-: N "" '" :~j ~c -- ;. c ~ ~... ~ ~ ~ ~ s;. ~ t3" ~ " i1 :; !::!- t!. N N r--4 ...:l~< ... ... or::' r::' CO G' N 0\ .- 00 00 \0 r'10 r--... N N 0\ 00 00 r- rf) .- VV 0\ r--- r--... N N VI 00 \0 V') -1:: v-) 0\ ('1")" 0 0' N" ~ 1.1')"' 0 0'" _"' o M<o:f' .- N N N V) t- ..". 00 "1 f' ~ ~ ~ ~ ~~~ N < ... ... -..".-., --.. ,-.... ....-..-.. ~~~ ~ ~~ g ~ 8 ~ c::l ~ N ~ ['- ~ ~ ~ ~ oo..~S ~ ~~o. ~ ~~"' 6~ ~ C'! ~ 0- :6 ~ ~ ~~ C ~O\N 00 NO\ C"1 00 \Or- M ::b N 00 00 lI") ('l") .......~ ;:; O-.::t...... C"1 r--.::t M 0 \0...... 0\ -.::t ('t') r- -.::t 00 ('l") tj ..;: c:; ~ ..0 "r N......~ (",f N ...... ...... N NO. N ~-..:rr, ~ ~~ ~ ~~ ~ "" ~ u t; .. s""1 ... ... 1:: ~ ~ ~ ~ ~ ~ ~ .;:: Ie .,. .. t::S ~.! z:: ~ {,(l J.. "4 .," t<l ~ .!!.. .. ~ i:r:;~ :> E ~ > .5' "-l.5" ~ tl t::~ "' ~ 'Q :; U .5~ ~ ~ -:e ~ ~ co Q ...-;: "' = = ~ S -< 'C ._ : .s... I! .. .. 'l:l'- S ~ 'a 'C 2l ~ ~;,; .~._ ~ 'Q a~ ;e ~ ~ ~ ~e ~ ~c J::o .!! ~ t;; & O6b ~ ;. <.>.,...... ~ - .. '" '" ...- -'" ,-, - 'l:l or;: - = u - ~ Ao".o "";. ........._ <.> t:; Ao .- 2l ;S t e .. "[) 0 U ... 'l:l .. -= ~ f;il -< '" U 0 ~ c: 0 -<: Z ~ "P ""''' 'C <.> ="' _ _ U '" >. ~ "'"'" >. 'C OJ "- c: = -< 'l:l...... 01) ~ ~ ai ~ s.9' e 0 .c = Po..S ~ 01 b.Il ~ U :1 :I ~....~c: _ a~ES ~ "d~2lU ~ = ;. ~ = ~ Clv-aO "C OIS<+-i.... .... -~O~.... .. o_~ c:l = ~ 4> t ~ g. ~ ~ ~ Po..8 6 ~ ~ ~ ~ ~ ~ a _ .~ ~ i 5 "E ~ 0:1 -: ~ lO..S"'Ao 2- eS"'''' ~'l:l lO..",J9 ",.0 U'- ~c:gj ,.Q.;l.-.- O.gSS "g Z.gJiJl "g';;: -:l~g.~il.g ....~ ....tlg,o "g u g. g. ~ '" 2l 2l :g ~ ~ s :c tl El'il <.> .;. ~ 8 .Sl tl ~ ~ a. g :c = ~ ~ .t:: ~ 5 5 6 .t:: g tl Ii ~ -< e.,.2...... . oS:s "g -< .t::S 2l 2l ~ .- "' "' .- ~ J=j J..'.z:j J.. co "'-'i.... 0 0. <<I {,(l bI) J:: c:: c:: .... Q.I ~ os ~1l:>':>' ~ ~,,~s ~.S ~2l2lo~ Ao ".S ~ooo lO.. ; U U oS e [[ ~ .s PE .~ .~ ~ ~ oS 5 5 gj .e- ti ~ ~ .2 ti S ~ -:l e ~ ~ ~~..d..c: 01 ~1=lfii3 01. ~~~-flo~ "'. ~e:1~ GI (,,) ~. ..<l gj gj gj U ..<l 0 Ao OAo U.S..<l oS oS ~"~ d U.S ..<l ~ 1; 1; U .s ..<l ..<l ;uuu ~ ;uo ~~ =~~~~~ ~~ =~~~ ~ ~ = = U zu Z U Z U ZZUU 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% '" 'c;> '" '" ~ Q", ~ ~ ., .... ~ '" '" '" r;::;;- .z:..... ~8~ ~ 'c;> ! c..; .. .. 'U ~ ~ 'E ! ~ eo ~ J:: ~c;tl.l ~ .., a .5 ~ .5 'U -C.z: liE .. '" ... u~ ~ ~ .. "4 'c;> ,~ u e .. G,)~c 1:: .. 'C ~~.,g .. ... .... ...:l~~ -;; <i ... ~ ";i- 0') ~ ~~N~~~ ......-0\1,f)V'l~ ..,.) "," 0\ ",'" 0'" 00'" NN -......"-,, "!.M .., .. ::: ~ ~ g u G- oo o o (::!. -0- - \0 o, M M..... N"' r-: -: e ..... ..... M "<1"- S:! .., = .cI .. ... :- .. ~~ N 00 N_ ;:::: - ~ ~ MV)f""-.o\V oN_Ooo 'V 0\\0 Mt'-- 0\"' ....: 0\ 00 -~ N .., G- o 00 "<1"- '" C "<1"N - '" o, 00 tt"'I- N ..... M N o 00 "1 .., 1:: Cl e- :< 0;- \0 '" "" ~ o \0 \0 Mo, ~;g 00'" t")" o, .., c ~ ;:> ~ ..... \0 .,.; ~ \(') 00 M f"') \0 N 0\0\ ..- V'l 0\ N 8ci"'~ -_ N G' 00 '" 00 N 00 ~ ~ .., ~ .H .~ .~ o'S:.!l ;.= "- ~"fl ~ u :a .g g s os .~::a ~ II g ~ SbO u >:. >- 15 '~"- 5 .5 e 11 11 ~ '5 e _I 11'f~-I-1 8.$ ~~~~B~ ~ ~ .6.5.5.5.8.5 'Ui';;::;g C) U"U'O'O''U j gs ~ ~ ~ ~ ~ ~ ~ ~ 1l ~~tl~~l:l ue:g~'"dt)~oou8 ~ 13 E; .~ OJ' ~ -- ~ ~ ~ ':::; u 21 a.- ~ G) II) <<) U U ~ .s5.<::ee~~~~~fr rf S ~ fr.~ l3 l:l l3 l3 l3 ~ 'Cgj_Qc.!3.!3.9.!3.!3 f :.a- g 8..< o 27 N "<1" ~ \0 00 N .f o \0 q \0 N "<1" '" '" o" "<1" o "<1" .,.; M 00 ~ "<1" M N 0 ~ ;!"' ~ \0 "<1" M o M N o, '" N o '" M 00 o on "<1". - :l = .. !l .. = :;;- -< ] Cl ... e o, o o 00 M O. .., ~ N 00 \0 "<1"- ..... ~ .., .., S \0 "<1" ! .., ~ ..... o, ..; - ~ .., \0 .,.; 00 "1. .., ~ .. 'C ~ ... -< bO ~ .. .. .. Q, o ;., .cI :g 2- "tl .. "tl 'S: Cl It .cI ~ U - .. z $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. '"c:l s:: ;:l o ll) .... c.8 .5 .0 ;:l o .E u <<l >- s:: B CJJ ;:l o ::c: t o <<l >tl o .5 '0 s:: s:: <<l .0 U 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 e e INDUSTRIES ALONG THE HOUSTON SHIP CHANNEL e e 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. e e 3 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 e e e e e e - 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. e e e 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 - e e e e e e e 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 e 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 e e 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 e e 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 e e 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 e e 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 e e 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 e e 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. " '-~'-'-' c_ ~ ' :.:,. >'-~,",;' '- ' .'L . .~",.,' _,,,." ~, - ,.- " - -, . ':.-';::'.:.-'-..,:;-: '-' ":'.' ""\1'." . ';'.",r; _ '.' , "C', ';,' ., ,-,,-:.,,::,:, -,;.,--;. ''''':'.>''-- -, ;..; : . - >.,~ ,:.:.:" ,,::.,,-,;~.,' ;:"::,-,, . .- ,- , . ",)';_:'-:,;,:~_,<i. +i: ;-<-.;.-;.\ ....'..f..... , '- "-. -'~' ,,< "" ,: .,,,-,.'-- ._-': : ,-,;',- - :":,, . , , , . "",-,--,.,,-":' ". '..-'.,-,':-, ;.- "-,-.,.:,, ''-,<<-;' ~ :; ':':~<"; ,',' ',' ,.;. '-::", ':. ~:~.~:_~--'~;-~,;;< Z.',-:',.';:,,-,:, ;"-r: ...":' "',,"',(.;. 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. '~,:.,,,~' , ~.u~<? > ':PLAN,VIEW LINE DIAGRAM' -". ,:,' :' """""::::,,~,,:" ",<:::~r~!e11Al " "", ': ,[ . ."ESI, l .f:~l. 1;:','" ,,~_:.' -', ., '-',,', -'", -'---"',-" , 'I.....", .';"",,! ,-"r.":""'C')'" \.,:'; .,-",,-.'.:: 't" Ct' .'",.t""",r"", :," ;':: _ ':."","-,,':. '\/_".:',' ,:':-~>r} .::':. ' ',-'- , "",:", "',;': ,";, ,':, "t . ~. ,.; .,', " ':; '. ,". , .._,' .," r_ '. .", ",' .' . - .' , -- - "- ==r . ".-,.' ',:<:' FREEWAY SECTION WITH FRONTAGE ROADS 'AND POTENTIAL FUTURE HOV, LANES Texas Department of Transportation 9 SH 146 Corridor MIS --- e e 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 \ " ' \ \. ~~.\ " "'...... \ \ 120941 Harris County \.. ~m . \ O.League City Galveston County . \. \ . 8\ '\ 'S17 1-45 \ \ ,"-~! " O.Oickinson \ ' , '-.. '\, \\0.... '\ La Marque\. 0 '-. \.... \ ~' " 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. " e e 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. ~ e e Page 2 of 3 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. e e 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,