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Home My WebLink About2006-02-13 Regular Meeting and Workshop Meeting of La Porte City Council . . . - A MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL February 13, 2006 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6:04 p.m. Members ofCitv Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Clausen, Mike Mosteit, Louis Rigby, Barry Beasley, Howard Ebow and Chuck Engelken. Members of Council Absent: Councilmember Beasley and Councilmember Griffiths. Members of City Executive Staff and City Emnlovees Present: City Manager Debra Feazelle, Assistant City Manager John Joerns, Assistant City Attorney Clark Askins, Assistant City Manager Cynthia Alexander, Public Works Director Steve Gillett, Planning Director Wayne Sabo, Fire Chief Mike Boaze, EMS Chief Ray Nolen, Assistant City Secretary Sharon Harris, , City Secretary Martha Gillett, Assistant Fire Chief John Dunham, Police Chief Richard Reff, Assistant Finance Director Michael Dolby and Parks and Recreation Director Stephen Barr. Others Present: Jan Lawler, Carole Rickert, Bob Klassen, Kathy Booth, Sue Gale MockKooken, Christina Hanna, Jennifer Josey, Karen Rigby, Bridget Yeary, Chad Noble, Pam Summers, Pat Partridge, Mary Proudy, John Patterson, Paul Cox, Kelsey Kalem, Dave Turnquist, Brenda Cantu, Maribel Flores, Michael Evans, Krissy Bailey, Chris Coleman, Wade Edwards, Jane McKenzie, Travis McKenzie, Stephen Fairfield, David Kom, Rochelle Haynes, Charles Miwette, Ashley Salinas, Deacon Thomas Lewis, and other citizens. 2. Deacon Thomas Lewis ofSt. Mary's Catholic Church of La Porte delivered the Invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENT A nONS / PROCLAMA nONS There were no presentations or proclamations presented at the meeting. 5. Consent Agenda A. Consider approving Minutes of the Regular Meeting and Workshop Meeting of City Council held on January 23, 2006 and Special Called City Council Retreat Meeting held on January 30, 2006. B. Council to consider approval or other action regarding awarding a bid for specialized equipment. C. Council to consider approval or other action regarding purchasing tires off the Texas Building and Procurement Commission Cooperative Purchasing Program in the amount not to exceed $40,000.00. D. Council to consider approval or other action regarding a bid to Aquatic Development Group, Inc. in the amount of $50,450 to replace the computer system, four Varawave valves, installation supervision, and timing for the Little Cedar Bayou Wave. E. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute a contract with Gulf States Protective Coatings in the amount of $61 ,000.00 with a contingency of $3,080. F. Council to consider approval or other action regarding a resolution declaring intention to reimburse certain expenditures with borrowing proceeds for Sens Road Utility System Project. Motion was made bv Council member Ebow to aoorove the consent aeenda as oresented. Second by Council member Clausen. - City Council Regular Meeting, Public Hearing and Workshop Meeting - February 13, 2006 Page 2 Motion carried. Ayes: Mosteit, Moser, Engelken, Rigby and Mayor Porter. Nays: None Abstain: Councilmembers Ebow and Clausen abstained voting on item A. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. La Porte High School students Micheal Evans and Christy Bailey provided Mayor and Council with an overview of the T.R.U.T.H. Organization. The organization randomly drug tests students and provides a services to those who test positive. Sue Gail Kooken - 410 S. 151, La Porte, Texas 77571 completed a sheet advising Council she was opposed to item 5C on consent agenda. She did not wish to speak but wanted this noted for the record. 7. Public Hearing - Council to consider taking action on a Rezone Request #R05-009 rezoning the referenced property from General Commercial (GC) to High Density Residential (R-3). Open Public Hearing - Mayor Porter opened the Public Hearing at 6: 15 p.m. Review by Staff-Planning Director Wayne Sabo provided an overview on recommendation by Planning & Zoning. Public Input: Stephen Fairfiled, Developer provided Mayor and Council with an overview of the project and provided thein with a handout (attached Exhibit A). The Public Hearing was closed at 6:22 p.m. 8. Council to consider approval or other action regarding Ordinance 1501- Y 4. Assistant City Attorney Clark Askins read: ORDINANCE 1501-Y4-AN ORDINANCE AMENDING THE , CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE.ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL TO HIGH DENSITY RESIDENTIAL AS REQUESTED FOR THE PROPERTY LOCATED ALONG SOUTH BRAODW A Y HEREIN DESCRIBED; MAKING CERTAIN. FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;. Motion was made bv Council member Riebv to aoorove Ordinance 1501-Y4 as recommended bv Planninll & Zoninll. Second by Council member Clausen. The motion carried. Ayes: Mosteit, Moser, Ebow, Engelken, Clausen, Rigby and Mayor Porter. Nays: None Abstain: None 9. Council to consider approval or other action regarding an ordinance authorizing the City to enter into an Industrial District Agreement and an ordinance authorizing the City to execute a Water Service Agreement and Sanitary Sewer Service Agreement with BNIP New Decade Venture, LTD. Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. - City Council Regular Meeting, Public Hearing and Workshop Meeting - February 13, 2006 Page 3 Assistant City Attorney Clark Askins read: ORDINANCE- 2000 IDA-77- AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH BNIP NEW DECADE, LTD. (CUSTOM CAT AL YTIC SOLUTIONS, INC., LESSEE); FOR THE TERM COMMENCING JANUARY 1,2006 AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. ...-- Assistant City Attorney Clark Askins read: ORDINANCE 2868- AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND BNIP NEW DECADE VENTURE, L TD; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read: ORDINANCE 2869-AN ORDINANCE APPROVING AND AUTHORIZING A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND BNIP NEW DECADE VENTURE, L TD; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFFECTIVE DATE HEREOF. Motion was made by Council member Engelken to approve the Ordinance 2000 IDA -77 as presented. Second by Councilmember Mosteit. The motion carried. Ayes: Mosteit, Moser, Ebow, Engelken, Clausen, Rigby and Mayor Porter. Nays: None Abstain: None Motion was made by Councilmember Mosteit to approve Ordinance 2868 as presented. Second by Councilmember Engelken. The motion carried. Ayes: Mosteit, Moser, Ebow, Engelken, Clausen, Rigby and Mayor Porter. Nays: None Abstain: None Motion was made by Councilmember Moser to approve Ordinance 2869 as presented by Mr. Sabo. Second by Council member Clausen. The motion carried Ayes: Mosteit, Moser, Ebow, Engelken, Clausen, Rigby and Mayor Porter. Nays: None Abstain: None 10. Council to consider approval or other action regarding an ordinance ratifying Dr. Say LPISD Representative for T.I.R.Z Redevelopment Board and indicating vacant slot on Chapter 172 Board. Mayor Alton Porter presented summary and recommendation and answered Council's questions. City Manager Debra Feazelle noted the Youth Advisory Committee program has not yet began for 2006. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2782-J- AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE THEREOF. Motion was made by Council member Engelken to approve Ordinance 2004-2782-J as presented by Mayor Porter. Second by Council member Ebow. The motion carried . City Council Regular Meeting, Public Hearing and Workshop Meeting - February 13, 2006 Page 4 Ayes: Mosteit, Moser, Ebow, Engelken, Clausen, Rigby and Mayor Porter. Nays: None Abstain: None 11. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute an agreement with Van DeWiele Engineering Incorporated to provide professional engineering services for a Preliminary Engineering Report for the relocation of utilities along Sens Road. Pubic Works Director Steve Gillett presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2006-2870- AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND V AN DeWIELD ENGINEERING INCORPORATED TO PROVIDE A PRELIMINARY ENGINEERING REPORT FOR THE RELOCATION OF UTILITIES ALONG SENS ROAD; APPROPRIATING THE SUM NOT TO EXCEED $33,127.00, TO FUND SAID CONTRACT; 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 Council member Engelken to approve the Ordinance 2006-2870 as presented by Mr. Gillett. Second by Council member Clausen. The motion carried Ayes: Mosteit, Moser, Ebow, Engelken, Clausen, Rigby and Mayor Porter. Nays: None Abstain: None 12. Council to consider approval or other action regarding an ordinance authorizing the City Manger to execute an Interlocal agreement between the City of La Porte and the City of Shoreacres for sweeping services for Shoreacres Boulevard between South Broadway and SH 146. Public Works Director Steve Gillett presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2006-2871 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF SHOREACRES, FOR STREET SWEEPING SERVICES; 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 Council member Rigby to approve the Ordinance 2006-2871- as presented by Mr. Gillett. Second by Council member Clausen. The motion carried Ayes: Mosteit, Moser, Ebow, Engelken, Clausen, Rigby and Mayor Porter. Nays: None Abstain: None 13. Council to consider approval or other action regarding awarding RFP#06501- Compensation and Classification Study in the amount of $40,500. Human Resource Manager Robert Swanagan presented summary and recommendation and answered Council's questions. Motion was made by Council member to table RFP #06501- Compensation and Classification Study - as presented by Mr. Swanagan due to not being accompanied by an approval ordinance. Second by Council member Moser. The motion carried - City Council Regular Meeting, Public Hearing and Workshop Meeting - February 13, 2006 Page 5 Ayes: Mosteit, Moser, Ebow, Engelken, Clausen, Rigby and Mayor Porter. Nays: None Abstain: None 14. Close Regular Meeting and Open Workshop at 6:48 p.m. A. Council received a report from Building Technologies, Inc. - Council requested staff to move forward with research and bring back a client/reference list of other cities who have used this service. B. Council received a report from Bay Area Houston Convention & Visitors Bureau. Council requested staff to move forward and bring back estimates on advertising cost savings. C. Human Resource Manager Robert Swanagan provided council with an overview of the Emergency Pay Policy. Council directed staff to move forward with policy noting question on comp time sheet. 15. Closed Workshop meeting and reconvened Regular Meeting at 7:46 p.m. 16. Administrative Reports City Manager Debra Feazelle reminded council of the Alliance - Tree February 18th from 8-12a.m. Canada Road, Bay Area Boulevard and Brookglen Park and Celebration luncheon from 12 until 2 p.m. Wallisville J. Fonteno Annex and noted the celebration will be at 10:30 a.m. at the Monument, Sylvia Garcia "Swing Thing" - February 27th, 2:00 p.m., shot gun start, Timber Creek Golf Club and an update on Bulkhead Construction at former Neighborhood Centers Inc. Property, Mayor's Golf Tournament is scheduled for April 26th at Bay Forest Golf Course, Records Management Day is scheduled for Monday, February 20th - City offices will be closed to the public, Video on public access channel shall be updated by the end ofthe month, and the Police Facility Groundbreaking was very nice. 17. Council Comments Mosteit, Clausen, Rigby, Moser, Ebow, Engelken and Mayor Porter had comments. 18. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) 19. There was no Executive Session Items. 20. There being no further business to come before Council, the Regular Meeting was duly adjourned at 7:58 p.m. Respectfully SUb~ ~4d4':T ,C C City Secretary - City Council Regular Meeting, Public Hearing and Workshop Meeting - February 13, 2006 Page 6 Passed and approved on this 27th day of February 2006 ~L:V~ Mayor Alton E.Porter - --, B - REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 27, 2006 Budl!et Requested By: Michael DOlbY!J.- Source of Funds: N/A Department: City Council Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Request Letter Amount Requested. Exhibits: Section 31.11 Prooertv Tax Code Budgeted Item: YES NO Exhibits Additional Documentation SUMMARY & RECOMMENDATION BPM Partners LID paid taxes on two pieces of property which they sold in 1998. They are requesting that the City of La Porte refund 1)1e 2002, 2003 and 2004 taxes which they paid in error. On March 29, 2005 Harris County Appraisal District corrected the ownership of these tracts on their system. On July 6,2005, Ms. Powell received a letter from E. Faye Curtis, Consultant for BPM Partners, LTD requesting a refund for an erroneous payment on these tracts of land. During this time, Kathy Powell, Tax Manager, has attempted to contact Fairmont Center, LLC to get them to reimburse the erroneous payment refund. Since she has not been successful in getting this situation resolved; according to Section 31.11 of the Property Tax Code; the City of La Porte Council must approve this request. BPM is requesting a refund in the amount of $2,130.02. Once this refund is issued the taxes will be reversed and placed back on the tax roll, and it will become the liability of Fairmont Center, LLC to pay within 21 days; or the taxes will become delinquent. The refund for La Porte Independent School District must also approved by the School Board. Action Reouired bv Council: Approve a refund in the amount of $2,130.02 for BPM Partners, LTD due to erroneously paying taxes on two parcels, and authorize the La Porte Tax Office to reverse the 2002, 2003 and 2004 taxes and assign payment to the responsible party. Aooroved for City Council A2enda ~~~~~~J~ 02- c::l{ ~t) {t:; Date . - RESOLUTION NO. 2006 - ~ A RESOLUTION AUTHORIZING THE REFUND OF AD VALOREM TAXES FOR 2002, 2003, AND 2004, ERRONEOUSLY PAID BY BPM PARull.6RS, LTD. , ON TWO PIECES OF PROPERTY IN THE CITY OF LA PORTE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFBCTIVE DATB HBRBOF. NOW THBRBFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTB: section 1. The City Council of the City of La Porte authorizes the refund of ad valorem taxes in the total amount of $2,130.02, for calendar years 2002, 2003, and 2004, erroneously paid by BPM Partners, Ltd. , on HCAD Account Nos. 024-182-097-0020 and 024-182-097-0022. 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 resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 27th day of February, 2006. By: c~~~ Alton E. Porter, Mayor . - APP~&!~ Knox W. Askins City Attorney 2 Year HCAD # City of La Porte La Porte ISD Total 2004 024-182-097 -0020 $488.13 $1,191.78 $1,679.91 2003 $399.38 $945.00 $1,344.38 2002 $177.50 $420.00 $597.50 Total for Account I $1,065.01 I $2,556.78 I $3,621.791 2004 024-182-097 -0022 $488.13 $1,191.78 $1,679.91 2003 $399.38 $945.00 $1 ,344.38 2002 $177.50 $420.00 $597.50 Total for Account I $1,065.01 I $2,556.78 I $3,621.79 J Grand Total , $2,130.02 . I $5,113.56 I $7,243.58 I TAX RECEIPT LA PORTE TAX OFFICE PO BOX 1849 LA PORTE TX 775721849 281-471-5020 Paid by: BPM PARTNERS LTD Receipt#: 26669 5606 CAVANAUGH ST Batch: TX ALLEN 12/07/2004 03 HOUSTON TX 770213802 Date paid: 12/07/2004 , ------------------------------------------------------------------------------------------------ Account ID: 4879 HCAD Number 024-182-097-0020 FAIRMONT PKWY CLP REAL PROPERTY Owner: FAIRMONT CENTER LLC LTS 20 & 21 BLK 1097 LA PORTE CITY OF LA PORTE ------------------------------------------------------------------------------------------------ Year Value Rate Base Pen & Int Atty fee Total paid 2004 1 CLP 68750 0.71000 488.13 488.13 2004 1 ILP 68750 1.73350 1,191.78 1,191.78 Year total: 1,679.91 1,679.91 Printed: 2/07/06 12:48:20 Receipt total: 1,679.91 Tender: CHECK 1022 1,221.75 Tender: CHECK 1022 1,221.75 Tender: CHECK 1022 1,221. 75 Tender: CHECK 1022 1,679.91 Tender: CHECK 1022 1,679.91 Tender: CHECK 1022 8,454.51 TAX RECEIPT LA PORTE TAX OFFICE PO BOX 1849 LA PORTE TX 775721849 281-471-5020 Paid by: BPM PARTNERS LTD Receipt#: 28298 5606 CAVANAUGH ST Batch: TX_VALERIE12/15/2003 01 HOUSTON TX 770213802 Date paid: 12/15/2003 -------------------------------------------------------------------_.__._----------------------~-- Account ID: 4879 HCAD Number 024-182-097-0020 FAIRMONT PKWY CLP REAL PROPERTY Owner: FAIRMONT CENTER LLC LTS 20 & 21 BLK 1097 LA PORTE CITY OF LA PORTE ------------------------------------------------------------------------------------------------ Year Value Rate Base Pen & Int Atty fee Total paid 2003 1 CLP 56250 o .71000 399.38 399.38 2003 1 ILP 56250 1. 68000 945.00 945.00 Year total: 1,344.38 1,344.38 Printed: 2/07/06 12:48:25 Receipt total: 1,344.38 Tender: CHECK 1761 14,543.16 - TAX RECEIPT LA PORTE TAX OFFICE PO BOX 1849 LA PORTE TX 775721849 281-471-5020 Paid by: BPM PARTNERS, LTD Receipt#: 30625 5606 CAVANAUGH ST Batch: TX KATHY 12/20/2002 02 HOUSTON TX 770213802 Date paid: 12/20/2002 ------------------------------------------------------------------------------------------------ Account ID: 4879 HCAD Number 024-182-097-0020 FAIRMONT PKWY CLP REAL PROPERTY Owner: FAIRMONT C.eLu.eR LLC LTS 20 & 21 BLK 1097 LA PORTE CITY OF LA PORTE ------------------------------------------------------------------------------------------------ Year Value Rate Base Pen & Int Atty fee Total paid 2002 1 CLP 25000 0.71000 177.50 177 . 50 2002 1 ILP 25000 1.68000 420.00 420.00 Year total: 597.50 597.50 Printed: 2/07/06 12:48:32 Receipt total: 597.50 Tender: CHECK 1708 11,249.97 - TAX RECEIPT LA PORTE TAX OFFICE PO BOX 1849 'LA PORTE TX 775721849 281-471-5020 Paid by: BPM PARTNERS LTD Receipt#: 26669 5606 CAVANAUGH ST Batch: TX ALLEN 12/07/2004 03 HOUSTON TX 770213802 Date paid: 12/07/2004 , ------------------------------------------------------------------------------------------------ Account ID: 4880 HCAD Number 024-182-097-0022 FAIRMONT PKWY CLP REAL PROPERTY Owner: FAIRMONT CENTER LLC LTS 22 & 23 BLK 1097 LA PORTE CITY OF LA PORTE ------------------------------------------------------------------------------------------------ Year Value Rate Base Pen & Int Atty fee Total paid 2004 1 CLP 68750 o .71000 488.13 488,13 2004 1 ILP 68750 1.73350 1,191.78 1,191.78 Year total: 1,679.91 1,679.91 Printed: 2/07/06 12:48:47 Receipt total: 1,679.91 Tender: CHECK 1022 1,221.75 Tender: CHECK 1022 1,221.75 Tender: CHECK 1022 1,221. 75 Tender: CHECK 1022 1,679.91 Tender: CHECK 1022 1,679.91 Tender: CHECK 1022 8,454.51 - TAX RECEIPT LA PORTE TAX OFFICE PO BOX 1849. LA PORTE TX 775721849 281-471-5020 Paid by: BPM PARTNERS LTD Receipt#: 28298 5606' CAVANAUGH ST Batch: TX_VALERIE12/15/2003 01 HOUSTON TX 770213802 Date paid: 12/15/2003 ------------------------------------------------------------------------------------------------ Account ID: 4880 HCAD Number 024-182-097-0022 FAIRMONT PKWY CLP REAL PROPERTY Owner: FAIRMONT CENTER LLC LTS 22 & 23 BLK 1097 LA PORTE CITY OF LA PORTE ------------------------------------------------------------------------------------------------ Year Value Rate Base Pen & Int Atty fee Total paid 2003 1 CLP 56250 0.71000 399.38 399.38 2003 1 ILP 56250 1. 68000 945.00 945.00 Year total: 1,344.38 1,344.38 Printed: 2/07/06 12:48:52 Receipt total: 1,344.38 Tender: CHECK 1761 14,543.16 - TAX RECEIPT LA PORTE TAX OFFICE PO BOX 1849 LA PORTE TX 775721849 281-471-5020 Paid by: BPM PARTNERS, LTD Receipt#: 30625 5606 CAVANAUGH ST Batch: TX KATHY 12/20/2002 02 HOUSTON TX 770213802 Date paid: 12/20/2002 ------------------------------------------------------------------------------------------------ Account ID: 4880 HCAD Number 024-182-097-0022 FAIRMONT PKWY CLP REAL PROPERTY Owner: FAIRMONT CENTER LLC LTS 22 & 23 BLK 1097 LA PORTE CITY OF LA PORTE ------------------------------------------------------------------------------------------------ Year Value Rate Base Pen & Int Atty fee Total paid 2002 1 CLP 25000 0.71000 177.50 177.50 2002 1 ILP 25000 1. 68000 420.00 420.00 Year total: 597.50 597.50 Printed: 2/07/06 12:48:54 Receipt total: 597.50 Tender: CHECK 1708 11,249.97 - IILft~nrGLL I Lft~11 ~~ Vl/VVIV~ I~:~P r.uu"UUq _IIV V" VVIY .. . ( A ^ ~ n E. FAYE CURTis . BPM PARTNERS, LTD. 5606 CAVAtlAUGH ' \ HOUSTON, TX 77021 ( , 713-643-6577 - t . - - -... A r. . - . ...... Ii :ULY 6, 2005 J --' .. , , , ~~ - , . .', ....- Ms~ Katherine Powell -- /' i City of LaPorte Tu: Collector , 504 W. Fairmont Parkway -, - LaPorte, Taxu 17'571 '" Dear Ms. Powell, - EnclQSGcI with this letter ,you will find the infonnafion we spoke about on the telephone this date. 1. Copy"QfWarranty Deed dated July 15,1998, with the property deScription of property soldl to FAnRMONT CENTER, LlC, and includes tf1e Ices 20,21,22 & 23 of block 1097 in question. 2. Copy,of &c~~n~# 0241820970020 & #0241820970022 w.itfl the assessment. for mes aS$8ssed from Cty; school & city of Laporte ~ . .., ....:"-:"'!' since ti1~ ale 'of the property in 1998. .... . 3. For you Info: Betty Branham (HeAD) corrected their records from ... 1998 to'current as of March 29th. 2005. 0$. C;opnss of info - refund shov~ sent,~ Harris Co~rsty -: for the refund . . . from them for three years. including years 2002, 2003 & 2004. The)! have informed us that we ,can only go ba~k three years.. s. . Copies of tax bills tram City of laPorte for the above mentioned three ye2rs~ Trusting that the above information will 2$Sest you in dletermining a refund! ;s neC&SSllry i~ ord~r to corree, the problem that Harris County. created by not tra!1sferring aBE the property sold in 1998 to the FA&RMONT CENTER, lLC, whose 8Jddl~SS you wifil find on tflJe tvarranty deed. We hiaVG tried to resolve tilis matter with The Facrmont Center for over two months, and they win nOE resowe it in 2 manner suitable to BPM Partners. Therefore, to resolve it In 21 timely manner, which is right and fair, we must ask you for your a:ssistarllC:~. : i . U'I~'UI~ U~I~ ULft~nr&LL ILHII~~ UIIUU/U~ I~.~I I.UU~'UU' ~ . . Page 2 Katherine Powell July 5, 2005 We have always paid our taxes in a timely manner, and! would uk thet the new OWners of this property do the same. I 2m mirfy new with BPl\.1 Partners, 2nd have therefore just discovered this error of pGyh~g ttxes O1n property that W2S sold so many YS:2FS ago. W. are at a sml'lld still wi.thout YOUlr assistance, and would greatly =ppreccate Imytheng you cain do to resolve this matter for us. rh~nking YOEl in advance, I am Cordially yours, E. Faye Curtis Consuftln:UOfficer for BPM Partners, ltd. .- . , ! I - I ....... 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If, f 1 ~ (J1'l7fi SelL{> Co.) o ...., I~l~i.!!a-ffi'~~ i!:l'.:'i2.5,..,25,..,2!.....~.".I2S;25 .. ,...,......."...,Zr,..,"" "". ...... ...,...."".." _I' . - . -. . 1~.:25:25 2f.1.. "'I"""'" ,....1;::; -.lo.l'O:"":~:'" I'" :~'~:I.>,- :;;;:U::i:'w:l:j '='C;'IO:oa~a::O\:", '''':',.;'I.>:~ I~ '~I,!:~:~ 1~1.3! :ZS,Zfi ,2:1; "....,""',....... - ~._!_.~.. ~l I .,--ll::-1.....:.!... . I , I . : ' : ' ...'!i , . J_..': ' 0\."':""'....,1.>.-'0,'0''''''....., ,. , , - I I I, · I .' "1"-...< I .:.- ",'..'.' r.--r... ' . , ' , I 71:10' . , . ' : ' ~ ., 6 . Ill. -oi4~99-fJ32;PO(J1: ' , : : : I : t: "':',:.:.J i:~ ~ : , : tl :f'I23-,95:[-fJ":1..n091' : , : " 0 I l' 7~171Au; I " ". I,.", , ........ c::r:J , , lP,,. (. 1" '" : :; 0 I : ," I I " I : : : : : , I :: :':':':': >~: NUi ' , : '2.I)Q56AC' : : ' , : .' .. 1\).. I I, I 1 I . r , I I , I I' -- .. -. ,. . -'., -', -,...~. , _ '.,g , ' , , . , ......... . .1. I.'. I ~- , 2525IZS'25I2525I2SI25'2.5'25'25'25'25'25J:!5'~ .......,.,'.,....._..,_, I"'. ........:l....J..'-...__.~_~_., "'2is'i.~'25 'is 21: . '. ~ .... . I I I I .. . I _ , I . !: . . . - . " I . cattnsd IQ be I IDle 1Oll......_. con --- ".......: or.. odPW- . GEfRAL W AllRAN'IY DI!..r.Li CHlCAOO.nn::.D~COMPANY B~l Qt- i(. ~; Ok. THE STATE OF TBXAS I 6 , ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS I 9 , THAT lheunder=igncd~ BT'JrP AR TNERS. T~ TO. (l1erdnllfter called "Grantors". whether Oil&: or more), fur and in consideration of the sums paid and promised to be paid by FAJRMONT ~ U:~l(. LtC (hereinafter caned "Grantees", whether one or more), wh.ose &ddress is S005 lUverwa.y, Suite 210. Howton. T~as 77056, as fonows: ~ (e) TEN AND NOll 00 ($10.00) DOLI....ARS Gond other good and valuable considcrl.tions to Grantors in hmd paid, the receipt and sufficiency of which arc hereby acknowledged and confessed; snd. (b) The further consideration of the cmecution and delivery by Grantee!: of that one certain promissory note (the "Note") dated of even date herewith in the original I'rinclrml stirn of TWO MILLION ErG~T HUNDRED THOUSAND AND NOll 00 DOLLARS ($2.800.00.0_00)~ bearing interest Bnd being payable as in the NC\te set Qut to the order ofOMlQIDANK, N.A. (hereinafter called "Lender"), which sum, in pan. represents umds advanced by Lender. to Grantors herein at the request and as a loan to Grantees herein in .payment of part of the purchase price of tbe property h.ereby conveyed. and"whicb Note is secured by the Vendor's Lien her~in retained in flwor of Lender, and additionally secured by a Deed of Trust or even date herewith from Grantees herein"to CHESLEYN. BROOKS, JR... Trustee; , LOP Have, subject to the matters herein described, GRANTED, SOLD and CONVEYED and by tl!ese presenu do hereby GRANT,IsELL llnd CONVEY unto the Gnntees. the following described ~._ JD real property, together with any ~d all improvements thereto (collectively the "Propeny") to-wit: BEING A ~SO ACRE TRA"CT OF LAND COMPR.,iSED OF LOTS 4 /:: w~QIfj;,R ,e~ BLOCK 1097. WTS 2 Hik<OUGH ;u..~OCK IO~. jttCIJ'IJJoIN'G 12TR: S~ET AND ..inl!.ALLEYS r;ONTA~, : UJ1I[ S1!."Rr..!!.. 1'.6.J'ID 1.f..U!. ~'L):.~YS HA.YJNG BE~V ACA..lIl!.U BY!U..L.i.!lL. , I 11' ,4 'PORTE: TOWN OF l..A PORTE, JOHNSON HUNTER SURVEY, A-35, HABRIS coUNiY, TEXAS, ACCORDING TO ut.J!J PLAT RECORDED IN VOLUME 60, 'PA~E 112,HARRIS COUNTYD~~u RECORDS,AND BEING MORE PARTIqJLARLY DESCR,IBED BY ~u.,I~S AND B-OUNDS ON EX!:UnlIT'IAtI ATI'A....r.i..t!,;u 1tI.&;;J:.~I!.o&.U AND MADE A PART t:u!.ttEOFFOR ALL PtmPOSES. This CONVEYANCE is" made by Grantors and accepted by Grantees su~ject to all &nd singullll!' the easements. rights-of-way, prescriptive rights, restrictions, reservatioqs. covenants, conditions, oil, gas and other mineral leases, mineral severances, loning laws, regulations and ordinances of municipal and/or other govemmental authority. affecting the Property, to tbe extent, but only to the extent, same arc recorded in said county and affect the Property. ; i rt,:,!q I'Cll-tl'II'F ',"",ln~1l" "~11-I.t;("r~ I I t'll,cll - , . 'lJlIJ 00 Oala DLHH&LL rLUII~~ UJ/LI/U;J I~;U r.UUJ/UUq = - I . ' .l . I . .':., .. t.. ., .. , I J - ~. TO JfA VB AND TO HOLD tIle Property and premises together with all and singular the rights. hercditamenta and sppurtena*ces thereto in anywise belonging. unto the Grantees, their heirs and assigns fnfever. and Grantors do hereby bind Grantors, and Grantors' respective successors. heirs. executors and administrators (as the case may be). to warrant and foreverdefen~ an aod singular the sa.id Property ttbd premises unto the Grantees, and the Grantees' respective succc!sars. heirs and aSsigns (u tbe ase may be) furever,: against every person whomsoever lawfully claiming or to cI!lim the ~lttde or any ('Jart thereof. ! I It is expressly Ilgreed and srlJul&ted that a Vendors Lien is created In favol' of. lind is hereby assigned to Lender, which will holdlsuperlaf title in and to the: above described Property. premises and improvements. and the title in Grantees win not tw.-..mc ebso!ute until the Note; and all interest e.nd other charges t.herein stipulated are fully and finmUy paid according to the facet tenor. effect and reading oCthe Note, when this Deed shall become absQlute~ Ad valorem taxes for the current calendar year for the Property have been prorated. and the payment thereofis hereby essum~ ~y the Gr~ees. I EXECt1l~LJ1 on the date or dates acknowledged below, to be effectiv~ July ~ 1998. B'PMPARTNERS, LTD. , By: ! I . mE STATE OF TEXAS ~ COUNTY OF ~RRl:J . 9 - This instrument was ackn~cdgcd before l\}c on the (S day of ...J ~ 1 199 >? by \~CM r::,.AA.. "':B\o..~ Ie. v.:l eo. \\ "' -\-1'i~~ d ~ \" ofBPM [nvestmentst Inc., general pzrtner of BPM PARTNERS. LTD.t a Texaslirhited partnership. on behalfofsltid partnership. . "",,,u"'''''''''' ( .~QP!r;J() 9~"'-- ,,,,\~ \5 J "Ill . .' ."- " "~,,,\..!.......:..PC~~ NotaJ:)j bile In aid for f~...~~..iJ'Y. P~ci~ The Statc~fT EX A S M f3...t::l-"":F. , . .#" Y~~" :::. ~ == . --i;: := : ~ .., :*!::; ~ * \ ~~... ~:~! ~ Printed Name of Notary Public .;;. .. '.ur'. .. ~ % ......~~.,... $" ~.fo ........ \)O..~ ""/,IoIII/. -19.2,0 \\\\,\' ~'''''''IIII1II\\\ . I li"'..... "..l...:.\nt..IClrra....:".rt;Il.11J '2 Ulima - UII~ u,~ U~I~ IILIHIII&LL I Lft~ J I"~ U~/''/U,J I~.~U I.UUHUU' - i ~ J .. I~ .. ~ \ .. , ,- -....-! EXHIBIT "A" I , bEiNG A ".s5o ACRE 1RAcr OF_L.~ roMPRISED OF LOTS ... THRU 30_ BLOCK. r097, LOTS 2 THRU 31. BLOCK 1098. INCLDOlING J:2.IH"S-mEET.AND 1"HJ! ALLEYS rONT.At'NED lHEREIN: .... --- . ,--..-...-. . 12m STR.EET AND TIlE ALLEYS HAVING BEEN VACATED BY CITY OF LA m~oWN 01='. 1 A l2()R~. JORNSDN ~ SURVEX. A-~S. .HARRIS COUNTY. TEXAS. AC...r.OP.DING TO .:m5.H-AT RECORDED IN VQI!U'M5 ~o., PAGE 112. HARRIS COUNtY DEED RECORDS. . . I SECINNHNG AT A 511 JNCH IRON ROD roUND Foa 1HE SOtrrHEAST CORNER Of' BLOCK 109S; SAID CORNER SmNG COlNcID.5N1' wrm Tim YiEST RIGh"T-QP'-WAY LINE OF STATE HIGHWAY 146 (um :J~N:.C.1J AND THE NORlH RIGHT-OF-WAY LINE OF "K" STREET (B,ASED ON A WlD1H OF Go.au 1:C.1:.1'); mEND WEST. COIN\".I.VCJ.i'l" Vw'u.= nm SOUTH BOUNDARY LINE Olf BLOCKS 1058. AND 1097 ANDT'dENOR'IHIUGHT-oF-WAYLINEOF-K'" STREET. A DISTANCE Of 592.00 FEET to I A 5/8 meR IRON !tOO fOUND fOR uu:. SOUTHWEST CO~ OF LOT IG, aLOCK 1091; 'I'HENCB: NOlmf,. COINCIDENT W1.1H THE WEST BOUNDARY LINE OF iJt.OCK 1097 AND T.t!E EAST RIGEU..oF-WAY LINE OF 13iH 51;RE!T (BASEO ON A WIOnI OF SO.OO rr;:ClJ. A DISTANCE OF 325.00 r.eJ:.A TO A SfI iINCH IRON ROD FOUND FOR nm NORr:{WEST CORNER OF LOT of. BLOCK 1097; 'l'KENCg EAST, COD'tuuCJ.oJT 'WITd lHB NOR.1H LINE OF.SAID LOT 4. A DlSTANCE OF 12S.00 FErr'IO A SI8 ~ mON ROD FOUND fOR THE NORTHEAST CORNER OF LOT 4, BLOCK '1007; MElIlCE NORm 32 DEGREEs 37 MiNuTEs 09 SECONDS EAST. A DISTANCE OF 29.GB FEET :.' 10 A 5/8 INca. IRON ROD FOUN!> FOR 1'Hi! l'lOR'ffiVI. r:..,A CORNER OFi.OT 30, BLOCK. 1097; TEliENCE: EAST. COINcmENT, WITH. THE HOR.rd LINE OF SAID LOT. 30. A DISTANCE OF 125.00 t'cel TO A 518 INC:.lf IRON ROD FOUND FOR 1liE NOR,1HEAST CORNER. OF SAID LOT 30; , . I 'I'EfENCE NORm (j.7 DEGREES 22 MlNUlCS 4& SECOl-!PS EAST. A DISTANCE OF c1S.00 FEET. . TO A S/8 INCH IRON ROO $'r FOR nm NOR~5T CORNER. OF LOT Z. BLOCK 1~98; , mENCE EAST. COINIo.JU.ICJ.IT WIlH T"riE NORTH BOUNDARY Ln-.'E OF LOT Z AND LOT 31. A DISTANCE OF .1GG.OO ,..c.t:l, TO A. 51& lNcH IRON ROD SET FOR nm NORTHEAST CORNER OF LOT' 31. BLOCK [098; THENCE SOurd. CQ[NCIDENl' 'WITH TIm EAST BOUNDARY. LINE OF BLocK 1098 AND niE WEST RtGHr..QF.WAY UNBOF STAfEHlGHWAY 146 (BASED ON A WIDTH OF 386.00 "ccll. ADISTANc:aO.t1'J1S.00rc.c.l TO lnc.roIl'ITOFBEG,"~t~.tNG. I i : I I - I 31.11. Refunds of Overpayments or Erroneous Payments (a) If a taxpayer applies to the tax collector of a taxing unit for a refund of an overpayment or erroneous payment of taxes and the auditor for the unit determines that the payment was erroneous or excessive, the tax collector shall refund the amount of the excessive or erroneous payment from available current tax collections or from funds appropriated by the unit for making refunds. However, the collector may not make the refund unless: (1) in the case of a collector who collects taxes for one taxing unit, the governing body of the taxing unit also determines that the payment was erroneous or excessive and approves the refund if the amount of the refund exceeds: (A) $2,500 for a refund to be paid by a county with a population of 1.5 million or more; or (B) $500 for a refund to be paid by any other taxing unit; or (2) in the case of a collector who collects taxes for more than one taxing unit, the governing body of the taxing unit that employs the collector also determines that the payment was erroneous or excessive and approves the refund if the amount of the refund exceeds $2,500. (b) A taxing unit that determines a taxpayer is delinquent in ad valu>...... tax payments on property other than the p> uperty for which liability for a refund arises may apply the amount of an overpayment or erroneous payment to the payment of the delinquent taxes if the taxpayer was the sole owner of the property: (1) for which the refund is sought on January 1 of the tax year in which those taxes were assessed; and (2) on which the taxes are delinquent on January 1 of the tax year for which those taxes were assessed. (c) An application for a refund must be made within three years after the date of the payment or the taxpayer waives the right to the refund. A taxpayer may apply for a refund by filing: (1) an application on a form prescribed by the cvu>ptroller by rule; or (2) a written request that includes information sufficient to enable the auditor for the taxing unit and, if applicable, the governing body of the taxing unit to determine whether the taxpayer is entitled to the refund. (d) The collector for a taxing unit shall provide a copy of the refund application form without charge on request of a taxpayer or a taxpayer's representative. (e) An application for a refund must: (1) include an affirmation by the taxpayer that the information in the application is true and correct; and (2) be signed by the taxpayer. (f) This subsection applies only to a refund that is required to be approved by the governing body of a taxing unit. The presiding officer of the governing body of the taxing unit is not required to sign the application for the refund or any document accompanying the application to indicate the governing body's approval or disapproval of the refUnd. The collector for the taxing unit shall indicate on the application whether the governing body" approved or disapproved the refund and the date of the approval or disapproval. (g) If a taxpayer submits a payment of taxes that exceeds by $5 or more the amount of taxes owed for a tax year to a taxing unit, the collector for the taxing unit, without charge, shall mail to the taxpayer or the. taxpayer's representative a written notice of the amount of the overpayment accompanied by a refund application form. Added by Acts 1981, 67th Leg., 1st C.S., .p. 167, ch. 13, ~ 126, eff. Jan. 1, 1982. Amended by Acts 1993, 73rd Leg., ch. 198, ~ 1, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 565, ~ 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 915, ~ 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 673, ~ 1, eff. Jan. 1,2002; Acts 2001, 77th Leg., ch. 843, ~ 1, eff. Sept. 1,2001; Acts 2001, 77th Leg., ch. 1430, ~ 8, eff. Sept. 1,2001. Amended by HB 3540, 78rh Leg., 2003, eff. September 1,2003. 9 31.111. Refunds of Duplicate Payments (a) The collector for a taxing unit who determines that a person erred in making a payment of taxes because the identical taxes were paid by another person shall refund the amount of the taxes to the person who erred in making the payment. (b) A refund under Subsection (a) shall be made as soon as practicable after the collector discovers the erroneous payment. The refund shall be accuu>panied by a description of the property subject to the taxes sufficient to identify the p>uperty. If the property is assigned an account number, the collector shall include that number. (c) Each month, the collector shall inform the auditor of each appropriate taxing unit of refunds of taxes made under Subsection (a) during the preceding month. Added by Acts 2001, 77th Leg., ch. 673, ~ 2, eff. Jan. 1,2002 and by Acts 2001, 77th Leg., ch. 1430, ~ 9, eff. Sept. 1,2001. MACE & MACK, p.e. A PROFESSIONAL CORPORATION - LA WYERS 1001 West Loop South, Suite: 100 .. Houston, Texas 77027 . 713.622.6223 . FAX 713.622.0081 November 1, 2005 Katherine R. Powell Via Fax (281) 470 5008 Tax Manager and U.S. Mail La Porte Tax Office POBox 1849 La Porte TX 77572-1849 R~' HCAD #024-182-097-0020 and 024-182-097-0022 ..... Dear Ms. Powell: My client, Fahmont Center, LLC, i~ in receipt of your Oc~p.ber i 2th letter, copy enclosed. Please be advis~c:1 that while we reserve the right tel further revie'w and address tbe issues raised in .t4~ attachments to your October 12th letter, nonetheless, we are providing you with a copy of the Texas ,Tax Code ~ 31.11 which limits, under paragraph (c) the refund claimed. to three years from the date of payment. Please adjust your demand accordingly. I am reviewing the attachments and should have a response back to you as to our position on those items within t..1.e next week to ten days. Please feel free to call with any comments or questions. AI~_ Gerald R. Mace GRM:flb Enclos1ire cc: Client , ,;'" :-/, .. '. . .. , ' '.. "p. , . . .' - . , La Porte Tax Office " City of La Porte *" LA Porte ISD * City of Morgan's Point * City of Shoreacres , October 12, 2005 - . Fairmont Center LLC 5005 Riverway, Suite 210 Houston, TX 77056 RE: HeAD #024-182-097-0020 & 024-182-097-0022 Our office has received a.request to have th~.Y9~.~s refunded on the above mentioned properties from BPM Partners, LTD. Their claim is that this . property was sold to you in 1998 and they have been paying the taxes in error . since the time the property was sold. They are requesting that we refund them a total of $1 0,981.66 for the years 1998-2004. Once this refund is processed the '~axes for these years will be reversed and will be showing due again on these ~roperties. I am requesting that you submit oament for these years in the amount of$10,981.66 to our office so that the taxes do not have to be . reversed and show ~s outstanding. If you have any question please ,let me .lCIlow. Attached is a copy of the documentation that was supplied by BPM Partners, LTD. . Sincer~ ,. .- q~~ - :-.... Ka erine R. Powell, RTAlCTA . . Tax Manager ' '. nn D....... 'ClAn lIlI T_ D^_".. T...u__ "''''~'''1 "In.." _ '....n..~ 4_. _...._.... , r I i PROPERTY TA.X CODE PROPERTY 'fAX CODE ~ 31.11 Title I Title 1 Notes of Decisions Failure to obtain 11 by lien for additional ad valorem ta.xcs, where taxpayers failed to inquire into status oC claimed 'raclice Aids exemptions or'to obtain a tax certificate; taxpa)'ers '. ' . . were required to take necessary steps to protect Senes ~ 700, Conditional Pay- 11. Failure to obtam themselves from any back-taxes owed on property _ Ta"qla)'ers, who purchased ,.. u,.~rtr, assumed due to a previous owner's failure to meet its statu- risk property could be bacit-appraised tQ remo...e tory obligations. Dallas Cent. Appraisal Dist. v.... . .: erroneously claimed residence ~omcsi.ead and Ol'er Wang (App, 5 Dist. 2002) 82 S.W.3d 697. . .Taxation 65 exemptions and property would be encumbered e=> 2~0; Taxation e=> 507 . ractice Aids . ~ 31.081. Property Tax Withholding on Purchase of Business or Inventory " >eries ~ 701, Escrow Accounts. Research References .t d Enc)'c1opedias TX Jur. 3d Taxation VI H REF, Divisional Ie. 'TX Jur. 3d Taxation ~ 500, Receipts And Certif- . ReCerences. icates; ProoC Of Payment. 'act"~ce Aids ~ 31.10. Reports":and Remittances o~ Oth~ Ta.xes ........' Series ~ 700, Conditional Pay- Research References" :..; , . Encyelope~ia~ 35 T~ Prac. Serics ~ 14.13, Ta'C ~ollector pe- TX Jur. 3d Taxation ~ 293, Accounting, pOSlts.,.. \". TX Jur. 3d Taxation VI B REF, Divisional 22 Tex. Prae. Series ~ 9.11, Collection. " ,~eCere!1ces... ~, 21. Tex. Prac. Series ~ 704, Collecto'i'li\Reports . . . "" Treatases and Practice Aids Anq Remittances. . . . !ries ~ 264, Miscellaneous Public 35 'Tex. Prac. SerieS ~ 13.16, Deposits And Re- I ports. )ri.ell ~ 702, Receipts. .. , ~ 31.11. Refunds of Overpaym~nts or Erroneous Payme~ts .. " ..' (a) If a taxpayer applies to the tax collector of a taxing unit for a refund of an overpayment . .. or erroneous payment of taxes and the auditor for the unit: detennines that the payment was erroneous or. excessive, the tax collector shall refund the amount of the excessive or erroneous :' . . payment from available current ta'C collections or from funds appropriated by the unit for " "' making refunds: However, the collec~r may not make the refund u~ess: . . .. . . . . . . .. (1) in the case of a collector who collects taxes for one ta.xing unit, the governing body of the .taxing unit also detennines that the payment was erroneous or excessive and approves ctice Aids the refund if the amount of the refund exceeds: ,. 'ies"1 264, Miscellaneous Public (A) $2,500 for a refund to be paid b;r a county with a population 00.5 milliori or !llore; '. or ". Series ~ 571, Swnmary Tax. " (B) $500 for a refund to be 'paid by any other taxing unit; . or - \so Valid Link In Chain OC Title. ... '. .. . .. - . . (2) 10 the case of a collector who collects ta.'Ces for more than one ta.'Clng umt, the encs ~ 251, Rcsldence Home- governing body of the taxing unit that employs the collector also detennines that the . ", payment was erroneous or excessive and approves the reCund if the amount of the refund les" 703, Certificatcs. exceeds $2,500. eries CH, 7 B, B. Sales Trans- (b) A <_..: ." h' d termin <-. . d Ii .. d al kl.\.Jng urut t at e es !l .......'\..payer IS e nquent 10 a v orem tax payments on .. ~ 33') Stat property o~her than th.e property for which liability for a refund arises may apply the amount ~~sCo1!b-a~ts Fo~~~\'~~::~~ of an overpa~'lllent or erroneous payment to the payment of the delinquent taxes if the 'hat Seller Disclose Tax Pa)"- ta\llayer was the sole owner of the property: Irance Co\'erage. (1) for which the refund is sought on January 1 oC the tax year in which those ta.xes were assessed; and (2) on which the ta.xes are delinquent on January 1 of the ta.x ~'ear for which those ta.xes were assessed. 7 .. , ~ 31.11 PROPERTY TAX CODE PROPERTY TAX CODE, 'nUe 1 Title 1 . . (C) .An apolication fo,," a refund must be made ,tithin three years after the date of the . .... paYment 01' the taxoayer waiyes the right to the refund~ A ta.'l:p{lyer may apply ~'or a refund Unreportcd decisions ., by filing: 8 (1) an application on a fonn prescribed by the comptroller by l"'J.1e; or (2) a :wTitten request that includes infonnation sufficient, to enable ~he auditor for the . S. Unreported dccisions" taxing unit and, if applicable, the governing bogS' of the taxing unit to detennine whether Property DWliers see~g t~mi the ta>..-payer is entitled to the refund. , requiring COWlty appraisal distric' (d) The collector for a taxing unit shall provide a copy of the refund' application fonn ed tax payments into separa~e final detenninati.Q.n of challenge ,vithout charge. on request of a taxpayer or a taxpa:rer's representative. able valuation of property failed (e) An application for a refund must: Refunds' of DUI (1) include'an affmnation by the taxpayer that the infonnation in the application is true ~ 31.111. and c~rrect;' and . .:: ~~ (2) be signed by the taxpayer. Encyclopedias ., (t) This subsection applies only to a refund that is required to be approved' by the I . , . . .... governing body of a taxing unit. The presiding officer of the governing body of the .taxing : TX Jur. 3d T~tion,fi 7~,.Lin!i unit is not re'quired to sign the application for th~ refund or any docurn~nt accompanying the ' TX Jur. 3d Tantion fi' 501,:'Ref application to indicate the governing body's al'l',u.'al or disapproval of the refund. The :.. collector for the taxing unit shall indicate on the application whether the governing body " - ap~roved .01'. disapp~ved the r~fund and the date of the approval or disapproval. ~ 31.1l~. P~r~.e~t. ~~ I-~ " ',J (g) If a taxpayer. submits a payment of taxes that exceeds by $5 or more the amount of ~,; 'J .';~ :., .:::!..~;. taxes owed for a ~ year to a taxing unit, the collector for' the "taxing unit, without <;barge, Encyi:iopedia~"; .: '.:, ':,:,,:"h:~,: shall mail to the taxpayer or the taxpayer's representative a written notice of the amount of .. .' ~ . '. : I: "', ';' the overpayment accompanied by a refund application fonn: . TX Jur. '3d Taxation fi .75;' Yc As Precluding RecoVery.. .;. Added by Acts 1981, 67th Leg., 1st C.S" p. 167, ch. 13, ~ 126, eft. Jan. 1, 1982. Amended by Acts 1993, TX Jur. 3d Taxation" III. t: 73rd Leg" ch. 198; ~ 1, efi, Sept 1, 1993; Acts 1999, 76th Leg" ch, 565, fi 1, eff. Sept. 1, 1999; Acts 1999, References. .. 76th Leg., ch. 915, ~ 1, eft. Sept 1; 1999; Acts 2001, 77th Leg., ch. 673, fi 1, eff. Jan, 1,2002; Acts 2001, Trcatises arid Practice Aids - . 77th Leg" eh. 843, fi 1, eft. Sept, 1,2001; Acts 2001, 77th Leg., ch, 1430, fi 8, eff. Sept. 1,2001; Acts 2003, Texas Practice Guiae, Real Esl 78th Leg:,"ch. '1156, fi 1, eff. Sept 1, 2003. 'l 9.VI, 9 VI. Collection And Dl , . '.1 . \ \ , Historical and Statutory -Notes i I ~ 31.12. Payment of Ta> 2003 Legislation "TItis Act takes effect September 1, 2003, and '.' '.:' Acts 2003, 78th Leg., ch, 756, in subsec. (a), applies to an application for the refund of an '" added subd. (1) designator and therein inserted "in overpayment or erroneous payment of ad valorem . . ," the case of a collector who collects ta.'\(es for one taxes filed ....ith a ta.'\( collector on or after the Encyclopedias " taxing unit,.., deleted "or the governing body of a effective date of this Act. This Act also applies to TX JUl'. 3d Ta.'\(ation ~ 501; Re taxing unit that collects another unit's ta.xes" fol- an application for the refund of an overpayment or TX JUl'. 3d Taxation'VI 'H lowing "of the ta.xing unit", relettered fonner erroneous payment of ad valorem ta.'\(es filed with a References. .' ,. subds. (1) and (2) as (A) and (B) and added subd. (2); and made other nonsubstantive changes, ta.'\( collector before the effective date of this Act if Treatises and Practice Aids \- Section 2 of Acts 2003, 78th Leg., ch. 756 pro- the application is pending on the effective date of " . ..... this Act." Texas Practice Guide, Real Es vides: 9.XII, 9 XII. Actions For - Paid, Research References Encyclopc~ias 21 Te.'I. ,Prac. S~rlcs fi 3G8; ~endilion By Ban~. , - . , ,..-, TX Jur. 3d Ta.'\(ation ~ 76, Limitations. 21 Tex. Prac. Serics ~ 706, Refunds Of Overpay- In Itcncral l' " . . TX Jur, 3d Ta.ntion ~ 501, Refunds, ment.s Or Erroneolls PllYlllenL~. ' TX JUl'. 3d Ta.ntion VI H REF, Divisional 2lA Te.'\(. Prac. Seri~s ~ 1353, Necessity For References, Filing. I. In Itcncrlll TX Jur. 3d Ta.'\(ation III C REF, Divisional 21 A Te.x. Prac. S~rles ~ 13S9, I nvalid Statute. Ta.\ing authorities issued re References. ments of property ta.xes to ta.-q>: Treatises nnd Practice Aids 21.-\ Tex. Prac. Series ~ 1.112, Applicable Law. after date of liability arose, an, Texas Practice Guide, Real Estate Litigation CH 21A Tex. PrJc. S~ries ~ 1415, Time For Bring- lIccrued on refunds, even thoug 9,XlI, 9 XII. Actions For Refund Of Ta.xcs ing Suit-Limitations. detelmined that ta'\(payer's paj1 Paid, 8 I I ** TX STATUS REPORT ** AS OF NOV 01 2005 13:22 PAGE. 01 MACE MACK DATE TIME TO/FROM MODE MIN/SEC PGS JOB*! STATUS 22 11/01 13:21 281 471 105~ EC--S 00'39" 004 212 OK --- -- -------- ------ -- -- ---------------- . , , MACE & MACK, P.C.- - A PROFESSIONAL CORPORATION. LAWYERS 1001 West Loop South, Suite 100 . Houston, Texu "O~7 . 713.62%.6223 ,. FAX 713.621.0081 November 1,2005 .. . - ......-,... Katherine R. Powell Via Fax (281) 470 5008 Tax Manager and U.S. Mail . La Porte Tax Office POBox 1849 'La p'orte TX 77512..1849 II " HeAD #024-182-097-0020 and 024-182-097-0022 ;Re: Dear Ms. Powell: My client, Fairinont Center, LLC, is in receipt of your October 12lh letter, copy enclosed. .Please be advised that while we reserve the right to further review and address the issues raised in the attachments to your October 12th letter, nonetheless; we are providing you with a copy of the Texas Tax Code ~ 31.11 which limits, under paragraph (0) the refund claimed to three years from the date ofpa)'ment Please adjust your demand accordingly. . I am reviewing the attachments and should have a response back to you as to our posip,on on ,. - those items within the ~ext week to ten days. Pleasefeel.free to call with any comments or questions. - ,-.... . .. , . '. GRM:flb Enclosure cc: Client - La Porte Tax Office City of La Porte '* La Porte ISD '* City of Morgan's Point * City of Shoreacres January 9.2006 Mace & :Mack, p.e. Attn: Gerald R. Mace 1001 West Loop South, Suite 100 Houston, TX 77027 Fax#713-622-0081 Mr. Mace; I received your letter dated November 1,2005 stating that you were reviewing my request for the refund being claimed on HCAD #024-182-097-0020 and 024-182- 097-0022. I was just following up to see what your response was for the payment of the taxes for 3 years. Please let me know what your client is planning on doing with this so that I can respond to BPM Partners, LTD. SincerelY. j ~r~?I{lfJ~( , Katherine R. Powell, R T A/CT A Tax Manager P.O.lJo.x 1849 II La Porte, Texas 77572-1849 f) (281) 471-5020 - Page 1 of 1 Powell, Kathy From: ALYSIA SMITH [ASMITH@hcad.org] Sent: Tuesday, February 07, 2006 2:01 PM To: Powell, Kathy Subject: Print Screen for N/C Attachments: UTSSCRN.JPG; UTSSCRN.JPG I have attached copies of the print screen for both acct#024-182-097-0020 & 0022 as requested. It appears a name change was done from a deed back to 1998 tax year on 3/29/05. Thanks Alysia Smith. Jurisdiction Support Alysia Smith Harris County Appraisal District PO Box 920975 Houston, Texas 77292"()975 asm ithtalhcad.ora. Tel - 713-957-5631 Fax - 713-957.5242 - 2/8/2006 ~:. ...-.;o..I;u:.I........:>~.....~.a...~.._..~~~~..!.lt'I...'=-th~..;..,~~:.~...~~.,I...-.=_-:1t...-..-';O"=~~~f~-;.~i'~~rf....=;=-.~ti.:~.,...,~~:~":...-....~.~.,....~ ~Log Off~Log Oli~ PP.tdAV?JCAM~~ACT;t'Re1resh'.l,!Copy(:ilPastej::Scan Back%1SCan Fwdf ~''''Ji!;!~~"~~!~~...~'ii~.e;~~'i:!~(;-:g~!;.~~;l'jf~.~~~~~~~~j.~~~~;iii=i~~~l~~~~~~,.;.~.~~.......t;O:i..~.~."""',c~-;'!:i. ~'Prlnt sCr~e~~TransmitN.V6lu~ Seltl~~ Hearing settl~:11.!'ieari~g Infq} ...._...:.i.~~-:.:':~" ','=;';;;.:t.,'ro::;::'~~''':'''' ':'.t=.r~'i.'V.i~t.A~~=-~~~..~I,,':'~";o;.:o.e-;-.'\-~.~l::"~f'';'.:t..~~:.-:.' .. ... . o.2/01/200S 13:55:io 50 SCAN BY ACCT APPRAISAL VALUATION ONL.lNE ADD.IT TRAIL SYSTEM NEXT SCREEN_ FOR"MAINTENANCE APPLIE-D TO: [i]24l8209'70n2-2~ DATE.: 0.3/291'200.5 TIME,:' 0.9: 43 :'40. 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',,~~:, 50 SCAN BY ACCT APPRAISAL'.VALUATIoN' 02/07)2006 '13:55:28 ONL:lNE AUDIT, TRAIL SYSTEM NEXT. .SeRE-EN . _ FOR :MAINTENAt;lCE APPL~ED to = [lJ24t8'20910U22~. DATE: 0.3/29/2-0'05 TIME: 0.9 ::~3: 40 TAX YEAR'~ 1998 USER.: BBRAN' SCREEN: 4.2' FAIRMONT CENTER :LLC .ADDED AGENT 0.0090 REMOYED DATE.: "04/1-5/2-o~4 :rI-ME:: 07: .0'9 .:.41 TAX YEAR.: 20Q4 USER.: O~HOR SCREEN-: .46. % COMPLETECHG:En:.. [FROM]:: 99~'. [TO]': 10.0 COMMENT .#1 eHGEU'.' [F.ROMJ.: 'T/Il. [:-to l= .T./B;., 1:00%~ 1.(04. V~L '~~Vlf;~ .CH~:E:n..': [:f~~~-l:; '[TO}.,: . X HIT TRANSMIT TO SEE MORE lCur~~~R~~: # ':Col: 46"inN51rHlJ~lC "'''''r~' - .:-.. .. ...-.- .:....m.:._.. .... . ..-. ... ~"'-:'lr~ij~Q~ Pt~{:)L.~ig WilOCWA1L]{ r.'~(~" .. -'.1 . .. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Febru 2006 ADorooriation Requested By: .lohn .JOl'rnll ( Source of Funds: Department: A.dmillidraticur Account Number: , Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinances and Deeds Amount Requested' Exhibits: SummarY of Foreclosure Activitv (Lots 28-32) Budgeted Item: YES NO Exhibits: J .l'ttl'r from Hahitat for Hllmani~ SUMMARY & RECOMMENDATION Habitat for Humanity requested and has received a!"!".... lal from their board to purchase Lots 26 and 27, Block 104, for a sale price of $5,000 and Lots 28-32, Block 104, for a sale price of $12,500. Lots 26-27 are owned in fee by the City. Lots 28-32 are tax delinquent properties (City is trustee) with the amount of$3470.13 in weed liens, The offer from Habitat for Humanity also requests the release of weed liens at closing. Previously, the Fiscal Affairs Committee had recommended the sales at HCAD value of $2,500 per lot, which was met by Habitat's offer. Action Reouired bv Council: Approve Ordinances 2006- and 2006- approving and authorizing the conveyance of Lots 26 and 27, Block 104, and Lots 28-32, Block 104, to Habitat for Humanity for the expansion of their building program in La Porte. The motion should also approve the release of weed liens for Lots 28-32, Block 104. Aooroved for City Council Al!enda i!/;i~h~f.gltJ o?-d21-0fr; Date ORDINANCE NO. 2006-A~'(.'L AN ORDINANCE APPROVING AND AUTHORIZING THE CONVEYANCE OF LOTS 26 AND 27, BLOCK: 104, TOWN OF LA PORTE, HARRIS COU"4~' TEXAS, TO LA PORTE CHAPTER, BAY AREA HABITAT FOR H1JHANITY, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPL:IANCE WITH THE OPEN MEETINGS LAW, 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. Sales price shall be $5,000.00. 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. ORDINANCE NO. 200 6 -~<(7 2- PAGE 2 !J..~ PASSED AND APPROVED, this ~h day of February, 2006. CITY OF LA PORTE By: ~~9~ Alton E. Porter Mayor ATTEST: ~4. Ii.~PI Ma t a A. Gillett . City Secretary APPROVED: ~zJ Knox W. Askins City Attorney SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED'FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: ~~:JI}, 2006 Grantor: CITY OF LA PORTE, a municipal corporation Mailing Address: 604 West Fairmont Parkway La Porte, TX 77571 Grantee: LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY - HOUSTON, INC., a non-profit corporation. Mailing Address: P.O. Box 2087 La Porte, TX 77572 Consideration: Ten and NO/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements) : Lots 26 and 27, Block 104, La Porte, in Harris County, Texas, according to the map or plat thereof recorded in the Map Records of Harris County, Texas. Reservations from and Exception to Conveyance and Warranty: Ta~es for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. ORDINANCE NO. 2006- ).g73 AN ORDINANCE APPROVING AND Aw~AORIZING THE CONVEYANCE OF LOTS 28 ~A.AOUGH 32, BOTH INCLUSIVE, BLOCK 104, TOWN OF LA PORTE, BARRIS COUNTY, TEXAS, TO LA PORTE CHAPTER, BAY AREA HABITAT FOR BUKAN'ITY, HAICING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, 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. Sales price shall be $12,500.00. 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 ~eeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2006-~~7~ PAGE 2 /)1 PASSED AND APPROVED, this ~th day of February, 2006. CITY OF LA PORTE By: ~LY~ Alton E. Porter Mayor ATTEST: 'f:11/, WIk () ;!-dJjj Mart a A. Gillett- City Secretary . APP~M ~ Knox W. Askins City Attorney Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) THE STATE OF TEXAS ~ ~ TAX RESALE DEED COUNTY OF HARRIS ~ KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit ofitself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF HARRIS, acting by and through its duly elected officials ("GRANTOR'') as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum ofTEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY - HOUSTON, INC. ("GRANTEE'') the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY COLLEGE DISTRICT, AND 1~ STATE OF TEXAS, COUNTY OF HARRIS in the ....,...,..erty herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1999-37587, styled City of La Porte, La Porte Independent School District, the San Jacinto Community College District, and Harris County vs. Norman Adoue, et al, said .........erty being described as: LOTS 28, 29, 30, 31 AND 32, BLOCK 104, TOWN OF LA PORTE, ACCORDING TO U1~ MAP OR PLAT THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS, LAPORTE, TEXAS 77571. (ACCOUNT NUMBER 023-216-004- 0028). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HA VB AND TO HOLD said p.."......ises, together with all and singular the rights, privileges and t.}'}'.J.rtenances thereto in any manner belonging unto the said LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY - HOUSTON, INC., its successors and assigns forever, so that neither the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. 1 Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend al~ and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. CITY OF LA PORTE ~ By: d!t1~Rdf) ~LLE City Manager ATTEST: L;fJ2/IH/LI1~LlI Cl.ty Secretary STATE OF TEXAS S S COUNTY OF HARRIS S ~lthiS instrument was acknowledged before me on the ~g~ay of ~ , 2006, by DEBRA BROOKS FEAZELLE, City Manager of the City of L Porte, a municipal corpora~ion. OA _ ' \ ~~~ _ _ _ _ - ary Public, State of Texas j e YYONNESf_IDN : My Convnlllloh .... OCtober II. .. I AFTER RECORDING RE~wAN TOI PREPARED IN ~A~ LAW OFFICE OFI ASKINS & ARMSTRONG, P.C. ASKINS & ARMSTRONG, P.C. P.O. Box 1218 P.O. Box 1218 La Porte, TX 77572-1218 La Porte, TX 77572-1218 Grantee accepts the property in "AS IS, WHERE IS" condition and subject to any environmental conditions that might have or still exist on said P&Uperty, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have accrued until the date hereof. Pro rata taxes for the cUu Cout year are assumed by Grantee. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDbPbNDENT SCHOOL DISTRICT, the SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, and the ~ OF TEXAS, COUNTY OF HARRIb has caused these presents to be executed this ;:). day of Fl . 2006. CITY OF LA PORTE, TRUSTEE ~ ":> ~ ~ ~o \ l}-t-L~ ALTON PORTER, MAYOR ACCEPTED: LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY - HOUSTON, INC. By: ( ), Authorized R':'p&.:.sentative .. 2 THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ BEFORE ME, the undersigned authority, on this day personally appeared ALTON . PORTER, Mayor of the City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein "AF..essed and in the capacity therein stated. GWEN UNDER MY HAND AND SEAL OF OFFICE this?-1IP day of Ft, ~r UQ. ( \( , 2006. , '-1?jg~. ffPdfi NOT Y PUBL C, in and Of or the STATE OF TEXAS 7.. My Commission Expires: -4/;";/ IJ I ' 1~ STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ BEFORE ME, the undersigned authority, on this day personally appeared , the of LA PORTE CHAl' 1~K, BAY AREA HABITAT FOR ~11 i-HOUSTON, INC., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GWEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2006. NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: After Recording Return To: La Porte Chapter, Bay Area Habitat for Humanity - Houston, Inc. P. O. Box 2087 La Porte, Texas 77572-2087 3 . .. SUMMARY OF FORCLOSURE ACTIVITY HCAD ACCOUNT NO: 023-216-004-0028 CAUSE NO: 1999-37587 PLAINTIFF(S): City of La Porte & La Porte Independent School District JUDGMENT AGAINST: La Porte - Houston Realty Co JUDGMENT DATE: August 14, 2001 STRUCK OFF DATE: July 2, 2002 ORDER OF SALE: March 22, 2002 DEED RECORDED DATE: . STRUCK OFF TO: City of La Porte CONSTABLE: Bill Bailey,Constable Precint No 8 PROPERTY ADDRESS: North Fourth Street LEGAL DESCRIPTION: " LotS 28 thru 32 Block 104 La Porte ADJUDGED VALUE ( IN JUDGMENT): $ 12,500.00 SQUARE FOOTAGE: 15,625 SUMMARY OF SALE ACTIVITY - BIDDER: Habitat fOf Humanity BIDDER'S ADDRESS:... I?O.Box.208l. . AMOUNT OF BID: $12,500.00 La Porte, TX 77572-2087 AMOUNT OF DEPOSIT: $1,250.00 AMOUNT DUE: $11,250.00 BIDDER'S PHONE NO: PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT COUNTY, ETl ~02%1 . I JUDGMENT TO AL . % SCHOOL % CITY I TOTAL AMOUNT DUE $6,632.66 ,~7.56% $7,137.25 40.42% $3,889.26 $17.659.17 ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES ESTIMATED ~OUNT AMOUNT OF COURT CONSTABLElPUBLlCATI AD LITEM RESEARCH FEE & TO BE PRORATED TO BID COST ON FEE (TISD) FEE DEED RECORDING FEE TAXES $12,500.00 $0.00 $175.0Q $0.00 $250.00 $12,075.00 PRORATED TAX AMOUNTS TO EACH JURISDICTION OWED TO COUNTY r. " r SCHOOL % CITY I " TOTAL . PRORATED AMOUNT $4.535.29 37.56% $4.880.31 40.42% $2,659.40 22.02% $12.075.00 Amount of Bid: $12,500.00 Costs: -District Clerk $0.00 -Tax Master $0.00 -Cpnstable F~ $0.00 -Publication $175.00 -Abstract Fee $250.00 -Ad Litem Fee $0.00 Total: $12,075.00 Taxing Jurisdictions: Amount In Judgment % Amount Received City of La Porte $3,889.26 22.02% $2,659.40 La Porte ISO $7,137.25 40.42% $4,880.31 Harris County $3,064.81 17.36% $2,09~.66 San Jacinto CCD $3,567.85 20.20% $2,439;63. State of Texas . $0.00 0.00% $0,00 $17,659; 17 100.00% $12,075.00 Costs + Taxes $18,084.17 Adjudged Value $ 12,500,00 . P170 ~ 02/16/2006 10:26 2814710355 JAMES C COl..INTS . PAGE 01/01 '.'. . fr-~' ~-'-'t~. "~-"n fvi'-"'~'" :~_.<! : I n ~ t ..:, ~ ~"' I LA mpORTE 'I t n !-.:~._,- .". ___n.: un' -,' :' " I . ' . . it) . . . : , : i L' . FEB I 6 L':i " : I . i: v~. HABITAT FOR HUMANITY to.. . : ',,~ , , . , P.O BOX Z087 I ,. - .__' .~.., .. n.....". _.._~ ! L f\S$T. G'."" r .~t.!';,\S::::l l LA PORTE, TX 7757Z-Z087 . ........, - ~_J ... . "."L- February 15, 2006 John Joerns, ASst. City Mgr. City of La Porte 604 W. Fairmont Pkwy. La Porte, Texas 77571 FAX # 281-842-1259 Subject: Property for La Porte Habitat For Humanity Ref: Letter Request 11/1/05 Dear Mr. Joerns: La Porte Habitat board approved, at its meeting 2/14/06, purchase of the two tracts offered by the City, being Tract No.1 - Lots 26 & 27, Block 104, Town of La Porte Tract No. 2 - Lots 28 - 32, Block 104, Town of La porte This based on the Fiscal Affairs C...'U....ittee recommendation being approved at the Council meeting, scheduled 2/27/06 and at a cost of $2500/1ot and release of "wee~" liens at closing. Thanks for your continuing help and support of HFH. rS~ Bundini hOIl~eS in ~ '. ..hip with God'. penple in nee~ 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 02-27~ . ~ Bud2et Requested By: D. wUmo"~f' Source of Funds: oJa Department: Account Number: PlanniB! Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinance #99-1387-C Amount Requested" Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Staff reviewed options for making the inuJ.o .....ble/junk vehicle proco..... more efficient. Our proposal would eliminate the city paying a wrecker to remove the vehicle as well as the need for a vehicle impound yard Additional staff (inspection and purchasing) time is ~......~ in bid ...,......ration for the sale of the vehicles and overseeing the actual removal of the same vehicles at a later date. R........r.:s show an annual.....I"...Jiiture of $1,550.00 in wrecker fees for fiscal years 2002 thru 2005. In reviewing the current regulations, the only conflict noted for making the change was Sect. 34-171 which requires the gty to cancel the title within five days of the vehicle removal. The ordinance attached amends that language to say the title will be cancelled but does not designate the city. While the title still has to be cancelled within that time period, our r i.',.. osal is to require the salvage ""....I'any/demolisher to handle the paperwork since they will be removing the vehicle from the location and moving it directly to their yard at no cost to the citv. Our aco........ent with that company would make them .,..~......sible for all state required l""l"..rwork and for providing copies of said .."t'... .Jork to the city. Should this change not occur, the city will need to develope an impound site that would be surfaced in a manner that does Dot allow vehicle w..u.minates to ........~.;: environmental issues. If this change is "'I"J.o:"u Jed by Council, staff would amend our procedure for the handling/removal of inoperable/junk vehicles and (,~ ~:.Unate with established, state au" led salvage/demolisher companies. Our,., '" ,sa! includes implementation with the effective date of the ordinance. Action Reauired bv Council: Consider approval of an Ordinance #99-1387-C andlor provide staff with direction Aooroved for City CODOcil Areoda ~ rJ -cJ 1-1J~ S~e:A~~~ L Date ( ORDINANCE NO. 99-1387-C AN ORDINANCE AMENDING CHAPTER 34, "ENVIRONMENT," ARTICLE V "JUNKED MOTOR VEHICLES," AND SECTION 34-171 "NOTICE TO STATE DOT OF REMOVAL, TITLE CANCELLATION; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF TillS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 34, Article V and Section 34-171 of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: CHAPTER34. ENVlRONMENT ARTICLE V. JUNKED MOTOR VEHICLES Sec. 34-171. Notice to State DOT of removal; title cancellation. Notice shall be given to the state department of transportation within five days after the date of removal identifying the vehicle or part of such vehicle. The department shall forthwith cancel the certificate of title to such vehicle. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Ordinance #99-1387-C Page 2 Section 4. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance. Section 5. 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 is 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 Chapter 551, Tx. Gov't 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. PASSED AND Nt'KOVED this the J rrl-aay of t:t' ~ fal( f Y , 2006. CITY OF LA PORTE C\) By: . '\'~ Mayor AIT..t.ST: ld'nMdlP 0: rJJ~ I City Secretary . . 9 . . . ~ I REQUEST FOR CII if COUNCIL AGENDA ITEM Agenda Date Requested: Februarv21. 2006 Budeet Requested By: Rnhp.rt ~wllnllga" Source of Funds: N/A Department: "-dmiailltratioa(Humaa R.eIlOUr:f'.... Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Full Emergency Pay Policy 2-27-06 Amount Requested' Exhibits: Ordinance 2684-&\11" Budgeted Item: YES NO 2 Changes Exhibits SUMMARY & RECOMMENDATION Presentation and discussion of revisions to Emergency Pay Policy. Previous work shop item for 1-30-06 Council Retreat then re-scheduled and presented at 2-13-06. The only changes are clarifications of "Compensatory Time Reduction Procedure" which is behind policy as addendums, change in wording to include Exempt Status Employees compensation time. Also, page 18 changed "directors/supervisors" to City Manager for accrual of Compensatory time al't'&Uval. f\ction Reouired bv Council: Adopt Emergency Pay Policy APDrovoo:r; ~;:O;iJL d ,- cl:J -t3 (p7 ~ouue Date ORDINANCE NO. 2684-B AN ORDINANCE ADOPTING THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK DATED SEPTEMBER 21, 2005, PROVIDING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby adopts the "City of La Porte Employee Policies Handbook" dated September 21, 2005, a true and correct copy of which is attached to this Ordinance as Exhibit "An, incorporated by reference herein, and made a part hereof for all purposes. Section 3. The City of La Porte Employee Policies Handbook hereby adopted, shall supersede all previous City of La Porte Personnel Policy Manuals and City of La Porte Employee Policies Handbooks heretofore adopted by the City Council of the City of La Porte, on its effective date of September 21, 2005. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance or the City of La Porte Employee Policies Handbook hereby adopted, shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, or said Employee Policies Handbook, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. . Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the city Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. The City of La Porte Employee Policies Handbook adopted by this Ordinance, shall be effective from and after September 21, 2005. PASSED AND APPROVED, this 27th day of February, 2006. CITY OF LA PORTE By: ~y~ Alton E. Porter Mayor ATTEST: Lf1l~ t! t01~ Martha A. Gillett city Secretary APPROVED: I/~f~ Clark '"T. Askins Assistant City Attorney 2 12. EMERGENCY PAY POLICIES POLICY When an emerflencv imDacts City emolovees J work schedules and status durin~ emerflencv conditions and a "state of emerflencv JJ has been sere1'll'line6 declared bv the Citv .A1an8.yer Mavor. the Citv Manafler mav f!1'ant emerflencv administrative leave with, pav and/or after the occurrence of a disaster. whether natural or man-made. If it is determined that a civil emergency condition exists, including, but not limited to, riots, civil disorders, severe weather or hurricane conditions, other natural disasters, chemical incidents, or similar conditions, the City Manager may suspend all provisions of the City of La Porte's Pef6snn~1 p.~ e*6El;X f~r ~he6e &eGtisn: concerning ~~J ERO 'P./agoG aAs ~i6cipline. Employee Policies Handbook that may be in conflict with this section. Scope This practice applies to all non-exempt and exempt employees, and includes civil service personnel. DECLARATION OF EMERGENCY Notification of State of Emergency: When a state of emergency is imminent or has been declared, the City Manager or designated supervisor will notify all employees through department directors or managers of such declaration. EMERGENCY PERIODS Pre-lmDact Period This is the time period prior to the impending disaster and includes emergency response activities and preventive measures by the City of La Porte's departments in preparing for the impending emergency. This period begins when the City Emergency Operations Center or the City Manager declares an emergency is imminent. Emeraencv Period This is the time period during which emergency response activities and restoration of critical services are conducted to protect life and property, and most other regular City services are suspended. This period begins when the City is closed for normal business and ends when the City Manager declares it safe for all employees to return to work. Post ImDactlRecoverv Period This is the time period during which activities are conducted to restore the City's infrastructure and services to pre-disaster conditions. This period begins when the City Manager declares it safe for all employees to return to work, and ends when the City Manager declares the period is over. Employee Policies HandbookIPage 16 Emergency/Administrative Leave/General Provisions No one is excused from work until the City Manager, through the department directors, authorizes employees to leave, even if a public announcement of office closures or suspension of services is issued. Employees must return to work as soon as an emergency is over to participate in the Post Impact/Recovery Period. Employees dismissed from work during an emergency will be on emergency f*!iEi administrative leave pursuant to this policy. Said leave will start when the employee is dismissed by his/her Department director and will continue until the City Manager declares it is safe for all employees to return to work. Employee Responsibilities: Employees are expected to return to work on their next scheduled day or shift following the City Manger's declaration. If an employee fails to show up for work or cannot show up for other reasons then the time lost will be Leave of Absence Without Pay, unless other paid leave (vacation, sick, etc.) had been or is approved. Employee Safety: The City of La Porte recoanizes that emo/ovees have personal and familv responsibilities that may conflict with the obliaation to fulfill their iob reauirements durina hazardous weather or state of local emerqencv. When evacuation of .oersonal residences is reauired. emo/ovees will beoermitted and eXDected to make arranqements for their families like any other citizen. includina the use of authorized shelters. Emplovees who are not able to return to work due to OmfJrofJRSV SSRfJitisflS unavoidable or unsafe conditions related. to the emeraencv (for instance. they have evacuated the area and are unable t~ return. or they are unable to leave their residence to return to work at Cit'l facilities due to imoassable roadways. etc.) must contact their department director or desianated sUDervisor as soon as oossible and utilize aODroDriate . . leave time. During a state of emergency, any unauthorized absence from work or assignment may be considered sufficient cause for discharge. EMPLOYEE STATUS PriQr tQ a declaration of a civil emerf!encv. Department Directors shall. desirmate "Emerf!encv Essential" and "Emerf!encv Non-Essential" personnel. Allversonnel shall . . be advised of their status as of Januarv 1st each vear. Individual emplovee status mav chanf!e. as the needs of the Citv chanf!e durinf! the civil emerf!encv. or at the discretion of t!J.~ DeDartment director. "Emerflenev Non-Essential" - A.fter a needs assessment is made. some emplovees mav be temDorarilv dismissed from work. concurrentlv or successivelv. as determined b'l the Employee Policies HandbookIPage 17 - emerf!encv need and the deDartment or function and those will be desirmated as, .";, I ' "Emer'fencv Non-Essential. " Thev will be placed on emerflencv Paid Administrative, Leave Dursuant to this policv. "Emergency Essential" - Each department director is responsible for identifying those employees who will be required to remain or respond in the event of emergency conditions and those employees will be designated as "Emergency Essential. n "Emergency-Essential" employees may be required to be available immediately before (Pre-Impact), during (Emergency)-e.g., those within the Emergency Operations Center-and/or after the disaster or emergency condition (Post-Impact/Recovery) to perform duties directly related to the emergency conditions, as determined by City. "Post-Imoact/Recoverv Assiened" - Post-emerflency. all Citv emDlovees are considered Post-ImDact/Recoverv Assirmed emplovees. All Citv emplovees are to return to work, after the Citv Manafler declares it is safe to do so. After the return to work. some emDlovees mav be further identified as "Essential Recoverv." while others mav be, temDorarilv excused from work. The Citv Manafler and each department or function is resDonsible for identifvinfl those emDlovees who are essential to the quick restoration of critical services to the communitv. These emplovees desirmated as "Essential Recover;" emDlovees are required to work durinfl periods after the emerflencv when other ~m1!lovees mav be dismissed (J1'I lea", 'e er furlefllfh or on authorized leave. Notwithstandinfl. an "Essential Recovery" emDlovee will be allowed reasonable, ~m~r'f~ncv 1!aid administrative leave to secure the emplovee 's home and familv and attend to immediate personal needs resultinfl ,from the emerflencv. pme1'f!encv Dutv Assienment: In the event of an emerflencv. the Citv Manafler mav. assirm emDlovees to anv dutv to the extent that the Citv is not in violation o,f anv State or Federal Law. This includes emplovees of one deDartment servinfl in an emerf!encv caDacitv for anv other deDartment or function as assirmed. COMPENSATION FOR HOURS WORKED DURING A DECLARED STATE OF EMERGENCY 1. During declared emergency status, at the City Manager's approval exempt-status ":'l11ployee(s) may accrue compensatory time up to MG 40 hours. After the +M) 40 hours are exhausted, the exempt-status employee(s) base salary will be computed to arrive at an hourly rate; then the City will pay the exempt-status employee(s) 1 1/2times their hourly rate. 2. During the Emergency Period, ..:.mployees released from work or who are not required to report to work due to the emergency event shall receive pay for their normally scheduled workday. These hours shall count as "time worked" for the Employee Policies HandbookIPage 18 - purpose of computing overtime for non-exempt employees and shall be clearly noted on the time sheet with the appropriate emergency coding as designated by the Finance Department. 3. During the Emergency Period non-exempt (hourly, overtime eligible) employees shall (suhjeet to seetioB 1) be paid at a rate of two times (2x) base straight pay for normally scheduled hours and eBe B:BEl eBe half times C 5:~ for all hours worked outside their regular scheduled work hours during the declared emergency conditions, when other employees are allowed administrative leave, until the City Manager declares that it is safe for all employees to return to work. After such time, the employee will be paid according to the normal pay policy. 4. During the Emergency Period and Post ImpactlRecovery period, exempt ,;,mployees shall be compensated by receiving payor compensatory time subject to section 1 for all time worked in excess of forty (40) hours in each work week during the declared emergency/disaster and ImpactlRecovery period. The rate of pay for such additional hours worked shall be equivalent to the exempt employee's hourly rate of pay computed as if the ~mployee was not paid on a salary basis. The additional compensation shall be in addition to the employee's regular salary. Each department will provide the appropriate forms for exempt ~u~t'loyees to document their hours worked. Nothing herein shall be construed to affect the exempt status of such ~mployees. 5. Employees who are out on prior-approved leave or who called in sick-a: teelE 1H'lsElheEluled diseretioBRFY day during any of the three periods will continue to be charged for such leave. 6. All other policies concerning remuneration shall comply with the City of La Porte's Pef.:l,j~ir;.al Rales Employee Policies Handbook and the Fair Labor Standard Act. 7. At the director's discretion, previously approved leave, vacation etc, may be cancelled when a state of emergency is imminent or declared. Employee Policies HandbookIPage 19 COMPENSATORY t.utIE REDUCTION PROCEDURE When there is a declared emergency the maximum amount of compensatory time permitted to be accumulated by all exempt status employees will be 40 hours. The previous declared amount was 160 hours is no longer true. If an exempt status employee earns in excess of 40 hours of Compensatory Time they will be paid Overtime at the rate of 1 ~ time their base hourly rate for all hours worked after earning the 40 hours of Compensatory Time. II - emerflencv need and the deDartment or function and those will be desirmated as "Emerflencv Non-Essential. " Thev will be Dlaced on emerflencv Paid Administrative Leave oursuant to this Dolicv. "Emergency Essential" - Each department director is responsible for identifying those employees who will be required to remain or respond in the event of emergency conditions and those employees will be designated as "Emergency Essential." "Emergency-Essential" employees may be required to be available immediately before (Pre-Impact), during (Emergency)-e.g., those within the Emergency Operations Center-and/or after the disaster or emergency condition (Post-Impact/Recovery) to perform duties directly related to the emergency conditions, as determined by City. "Post-ImDactlRecoverv Assiflned" - Post-emerflencv. all Citv emolovees are considered !,ost-Imoact/Recoverv Assiflned emDlovees. All City emolovees are to return to work after the City Manafler declares it is safe to do so. After the return to work. some emolovees may be further identified as "Essential Recoverv." while others may be temoorarilv excused from work. The City Manafler and each deDartment or function is resoonsible for identifvinfl those emDlovees who are essential to the ouick restoration of critical services to the community. These emvlovees desiflnated as "Essential Recoverv" emolovees are reauired to work durinfl Deriods after the emerflencv when other emolovees may be dismissed en lea'..e JI' fu,.le~ or on authorized leave. Notwithstandinfl. an "Essential Recoverv" emvlovee will be allowed reasonable emerflencv Daid administrative leave to secure the emvlovee 's home and family and attend to immediate Dersonal needs resultinfl from the emerflencv. Emerflencv Dutv Assienment: In the event of an emerflencv. the City Manafler may assifln emolovees to any duty to the extent that the City is not in violation of any State or Federal Law. This includes emvlovees of one deDartment servinfl in an emerflencv caoacitv for any other deoartment or function as assirmed. COMPENSATION FOR HOURS WORKED DURING A DECLARED STATE OF EMERGENCY 1. During declared emergency status, at the City Manager's appH.iVal exempt-status employee(s) may accrue compensatory time up to ~ 40 hours. After the.J..M) 40 hours are exhausted, the exempt-status employee(s) base salary will be computed to arrive at an hourly rate; then the City will pay the exempt-status employee(s) 1 1/2times their hourly rate. 2. During the Emergency Period, .:.mployees released from work or who are not required to report to work due to the emergency event shall receive pay for their normally scheduled workday. These hours shall count as "time worked" for the Employee Policies HandbookIPage 18 - . 10 . . - REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: F~bruarv ~1. 2006 Aoorooriation Requested By: Robert Swanaean I "tZ.. \...$ Source of Funds: Department: Administration! Huma~ Resources Account Number: \0-" V.l.-5tS-Sb- Report: XX Resolution: Ordinance: Amount Budgeted: 5 Exhibits: Bid Tabulation Amount Requested: 540.500 Exhibits: Bidder's List Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Advertised, sealed proposals for RFP #06501 - Compensation and Classification Study were opened on January 19, 2006. Proposals were mailed to eight (8) consultants with three (3) returned. City staff members evaluated the }'..",}'osals, checked references and interviewed two (2) of the consultants. Based on the award criteria established in the specifications, staff unanimously determined that The Mercer Group, Inc. would provide the best services at the best price to the City. The total pricing for all requested services is $40,500. Staff Recommendation: Based on the award criteria established in the specifications, staff recommends awarding the compensation and classification study to The Mercer Group, Inc. Action Reauired bv Council: Award RFP #06501 - Compensation and Classification Study in the amount of $40,500. AD 0 roved for City Council Aeenda NOi~,tu.B(\~_r., d ./ ~-;L{-of ~ra B. Feazelle, CitYMa~ Date ' ORDINANCE NO. 2006-~~7 t- AN ORDINANCE APPROVING AND A......:.".o.ORIZING AN AGREEMENT BE....I.6EN THE CITY OF :t.A PORTE AND THE MERCER GROUP, INC., FOR A COMPENSATION AND CLASSIFICATION STUDY, APPROPRIATING THE SUM NOT TO EXCEED $40,500.00, TO I!U.L\lu SAID CONTRACT, MAJCING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH ...A.IIi OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. 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. City Council appropriates the sum not to exceed $40,500.00 from the City of La Porte Fund No. 1-6146-515-50- 04, to fund said contract. 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. PASSED AND APPROVED, this :;. I'tI-day of '1~{t.I "IV , 2006 , CITY OF LA PORTE By: ~'L~~ Alton E. Porter Mayor ATTEST: ~~ (j. #fdII Marth A. Gillett City Secretary APPROVED: //~~7_ ~ ClarK T.- Askins City Attorney 2 CITY OF LA PORTE NOTICE TO OFFERORS SEALED RFP #06501 - COMPENSATION AND CLASSIFICATION STUDY SEALED PROPOSALS SHALL BE SUBMITTED AND CLEARLY MARKED WITH BID NUMBER AND DESCRIPTION. ONE (1) ORIGINAL AND FIVE (5) COPIES WILL BE RECEIVED AT THE PURCHASING OFFICE, 2963 N. 23RD STREET, LA PORTE, TX, 77571 UNTIL 2:00 P.M. THURSDAY. JANUARY 5.2006 . PROPOSALS WILL BE OPENED AND NAMES, ONL Y, PUBLlCL Y READ IN THE UPSTAIRS TRAINING ROOM IMMEDIATELY AFTER THE CLOSING HOUR FOR THE PROPOSALS ON SAID DATE. AN ELEVATOR IS NOT AVAILABLE. PLEASE CONTACT PURCHASING AT 281-470-5126 IF ACCOMODATIONS ARE NEEDED. NO LATE PROPOSALS WILL BE CONSIDERED FORMS FURNISHED BY THE CITY OF LA PORTE MAY BE OBTAINED WITHOUT DEPOSIT FROM THE PURCHASING OFFICE LOCATED AT 2963 N. 23RD STREET, LA PORTE, TX 77571. THE CITY RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS, TO WAIVE ANY AND ALL TECHNICALITIES AND TO ACCEPT ANY BID OR PART THEREOF, WHICH IN THE OPINION OF THE CITY COUNCIL, IS MOST ADVANTAGEOUS TO THE CITY. FOR INFORMATION CONCERNING THIS BID, PLEASE CONTACT SUSAN KELLEY, PURCHASING MANAGER, AT 281-470-5126. PUBLISHED: DECEMBER 14. 2005 DECEMBER 21. 2005 1 DIRECTIONS To drop off bids and/or attend bid opening, follow these directions: ~ Turn North from Spencer Hwy. ~ 2963 N. 23rd Street is on the right, past the storage facility ~ Turn right into parking lot and drive through the entrance gate, turn left immediately and park in the last aisle on the right. ~ The Purchasing Office is located on the southwest side of the parking area. Look for the signage. 2 - CITY OF LA PORTE The foregoing prices shall include all labor, materials, equipment, removal, overhead, profit, freight, insurance, etc., to cover the finished work specified in this proposal. All items proposed and installed under this procurement must be new and unused and in undamaged condition. The City of La Porte is tax exempt and no taxes shall be included in the pricing of this proposal. Offeror understands that the Owner reserves the right to reject any or all offers and to waive any informalities in the proposal. The offeror agrees that this proposal shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving proposals. The undersigned affirms they are duly authorized to represent this firm, that this proposal has not been prepared in collusion with any other firm, and that the contents contained herein have not been communicated to any other firm prior to the official opening. Respectfully submitted: Signature Name (please print) Business E-mail Address Office Phone City, State, Zip Code Fax Number 3 - CITY OF LA PORTE GENERAL TERMS & CONDITIONS 1. RECEIPT AND OPENING OF PROPOSALS The City of La Porte, (hereinafter called the "Owner"), invites proposals on the form attached hereto. Proposals shall be returned, in duplicate, in the envelope provided, bearing the name and address of offeror. Owner will receive proposals at the Purchasing Office, 2963 N. 23rd Street, La Porte, TX 77571. Proposals will be publicly opened immediately after the closing hour of said date. Vendor name only will be read aloud so as to avoid disclosure of contents. Any proposal received after the time and date specified shall not be considered. Each proposal must be submitted, in duplicate, on the prescribed form. All blank spaces for proposal prices must be filled in, in ink or typewritten figures, and must be fully completed and executed when submitted. The Owner may not consider any proposal not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all proposals. Any proposal may be withdrawn prior to the scheduled time for the opening of proposals or authorized postponement thereof. 2. PROPOSAL MODIFICATIONS Any offeror may modify his proposal by written communication at any time prior to the scheduled closing time for receipt of proposals, provided such communication is received by the Owner prior to closing time. The communication should not reveal the proposal price, but should provide the addition or subtraction or other modification so that the Owner will not know the final prices or terms until the sealed proposal is opened. 3. QUALIFICATIONS OF OFFEROR At the time of the opening of proposals, each offeror will be presumed to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any offeror to examine any form, instrument, or document shall in no way relieve any offeror from any obligation in respect of his proposal. The Owner may make such investigations as he deems necessary to determine the ability of the offeror to perform the work, and the offeror shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such offeror fails to satisfy the Owner that such offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional proposals will not be accepted. 4 - General Terms & Conditions Continued Page 20f3 4. ADDENDA AND INTERPRETATIONS No interpretation of the meaning of the plans, specifications or other pre-proposal documents will be made to any offeror orally. Every request for such interpretation should be in writing addressed to the Purchasing Manager, 2963 N. 23rd Street, La Porte, TX 77571. All requests shall be received at least five (5) days prior to the date fixed for the opening of proposals. Any and all such interpretations and any supplemental instructions, will be in the form of written addenda to the specifications which, if issued, will be submitted to all prospective offerors not later than three (3) days prior to the date of opening proposals. Failure of any offeror to receive any such addendum or interpretation shall not relieve such offeror from any obligation under his proposal as submitted. All addenda so issued shall become part of the contract documents and must be acknowledged as received. 5. METHOD OF AWARD The best proposal submitted by a responsible offeror will be negotiated with the City of La Porte. If proposal amounts exceed the available funds to finance the contract, the Owner may reject all proposals or may award the contract on a negotiated proposal with deductible alternates applied in numerical order in which they are listed on the Form of Proposal, as produces a net amount that is within the available funds. 6. CONDITIONS OF WORK Each offeror must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful offeror of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar, as possible contractor, in carrying out his work, must employ such methods or means as will not cause any interruptions of or interference with the work of any other contractor. 7. LAWS AND REGULATIONS The offeror's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 8. SUBCONTRACTS The offeror is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. 5 - General Terms & Conditions Continued Paae 3 of 3 9. SAFETY STANDARDS AND ACCIDENT PREVENTION With respect to all work perfonned under this contract, the Contractor shall: (1) Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, and the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596). (2) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 10. FUNDING OUT CLAUSE The City of La Porte warrants that funds are available to pay for this contract until the end of its current fiscal year and warrants funds will be requested to make payment in each appropriation period from now until the end of the last renewable option year. However, if funds are not made available after such request, then the City of La Porte may terminate this agreement with thirty (30) days written notice. 11. SUPPLEMENTAL INFORMATION A. All prices to be F.O.B., Destination, City of La Porte, La Porte, Tx 77571. B. The City of La Porte is exempt from all taxes in the State of Texas, including sales tax. A tax-exempt fonn will be provided upon request. C. Use of brand names in specifications is descriptive and not restrictive, and any product of equal quality will be considered. D. All exceptions to the specifications and/or brand names must be so stated on the proposal. It is requested that vendors electing not to bid, submit a "NO BID" response in order to remain on the bidder's list. 6 CITY OF LA PORTE, TEXAS SPECIFICATIONS RFP #06501 COMPENSATION AND CLASSIFICATION STUDY INTRODUCTION The City of La Porte is seeking requests for proposals from qualified firms to conduct a comprehensive compensation and classification study on City jobs, including civil service positions in the Police Department. The study shall consider and study both internal and external equity and include the level of compensation and the internal relationship of positions and structure of the pay plan. BACKGROUND INFORMATION ( The City of La Porte is a home rule city with a Council - Manager type of government. The City provides a full array of services to a population of approximately 33,000 citizens. The City is governed by a nine-member Council, which is responsible for setting City operating policies, creating needed ordinances, and balancing the City's annual budget. The City Manager is the chief administrative officer for the City. The City employs approximately 400 full-time employees and part-time employees within eight (8) departments. The last major compensation and classification study was performed in 2001. The City of La Porte has approximately 171 different classifications. City employees receive an evaluation and merit increase after successful completion of six months and on an annual basis, thereafter. GOALS AND OBJECTIVES > Accurately reflects value the City of La Porte places on jobs, both internally and compared to market. > Provides method by which the City can establish future pay plans. > Results in higher level of satisfaction that work is compensated fairly. > Improved productivity. > Provides flexibility for managers to reward deserving employees. PROPOSAL REQUIREMENTS The proposed systems must meet all legal requirements, be completely non-discriminatory, and provide for compliance with all pertinent federal, state, and local requirements, including but not limited to, ADA, FLSA, EEO/AA. The systems must be easy for management to administer, maintain, and defend. The systems should be based upon sound compensation principles in which both internal and external equity are considered within the pay structure, as well as the concepts of equal pay for equal, similar and comparable work. The systems should provide for 7 new positions to be incorporated into the compensation plan as well as regular adjustments to maintain the plan's competitiveness. The systems should consider the unique nature of certain functions and responsibilities, which are characteristic of certain jobs and departments in government. Consultants are encouraged to be creative and resourceful in proposing the most cost-effective and efficient solutions for the requirements outlined, herein. Services may include, but not be limited to: ~ Work with City Staff to identify a market position and pay philosophy for the City of La Porte; consider and study both internal and external equity. ~ Identify a survey labor market and benchmark classifications and conduct a customized market survey of appropriate labor markets. ~ Review current salary structures as to the number of salary schedules, number of pay grades, intervals between pay grades, ranges of pay grades, and make written recommendations. ~ Allocate positions to the proper classifications by analyzing job descriptions by interviewing incumbent employees if necessary. Any requests for confidentiality must be respected. ~ Meet with City representatives to discuss proposed plan. Revise as necessary and recommend implementation strategies. ~ Present final plan to City Council. ~ Provide staff training on maintenance of the revised system. ~ Provide maintenance manuals for future in-house job analyses and adjustment of compensation levels. ~ Provide report for an adverse impact analyses. Optional Services: ~ Provide a projection of job turnover in strategic positions ~ Review part-time salary structure ~ Recommend salary compensation for contract employees The City of La Porte reserves the right to request any combination of services to be provided. INFORMATION REQUESTED FROM OFFERORS Each proposal shall contain all the items listed below. Incomplete proposals may be rejected during review by the Evaluation Committee. 1. Letter of Transmittal A. Briefly State your understanding of the services requested. B. Provide the names of the persons authorized to make representations for your firm, their titles, addresses, telephone numbers, fax numbers, and e-mail addresses. 2. Title Page - Show the subject, name of your firm, address, telephone number, fax number, name of contact person and date. 8 - 3. Table of Contents - Include a clear identification of the material by section and page number. 4. Profile of Proposing Firm A. State whether the firm is local, regional, national, or international. B. Briefly describe the firm's experience in providing the services being requested. Provide names and qualifications of staff members committed to this project. C. Give the location of the office(s) that will provide the service to the City. Identify the specific individuals who will do the work and describe their qualifications and experience. D. Provide a list of current clients and description of ongoing projects. E. Provide a list of references familiar with the firm's capability to deliver the services requested. A minimum of five (5) must be submitted, including addresses, telephone numbers, fax numbers, and contact persons. 5. Scope of Work A. Explain in detail how the services will be performed. Include tasks expected of City personnel during the project. B. Outline a time frame for completing the services and setting appropriate deadlines. Within this schedule, the Consultant shall clearly identify the milestones and tasks they deem most critical. Discuss the support required from City staff in terms of estimated man-hours. The successful consultant shall complete all work and provide a report to City Council within 60 days of notice award. C. Furnish the City with any additional information considered essential to your proposal. Firms may elect to include any innovative methods or concepts beneficial to the City of La Porte, as long as the minimum requirements set forth in this RFP are met. D. Provide the names and qualifications of subcontractors if any are proposed to be used. E. Provide details of any instances in which Offeror has ever had to legally defend themselves for services provided. 6. Detailed Cost Proposal - Include a breakdown of all costs for each level of services to be provided. NOTE: If the cost for completed all levels of this RFP exceed budgeted funds, a reduction in the scope of services may be negotiated with the successful Consultant. Optional services specified, and any other additional services proposed by the Offeror shall be priced separately. EVALUATION CRITERIA The award of this contract will be made to the responsible Offeror whose proposal is determined to be the highest evaluated offer resulting from negotiation, taking into consideration the importance of the evaluation criteria factors set forth below: 9 25% - Experience in providing similar services to other governmental agencies; professional qualifications and experience of project staff 20% - Proposed methodology for completing the services 20% - Proposed fees 20% - Perfonnance history - (references) 15% - Project completion schedule Proposals will be publicly opened and names of offerors read aloud at the date and time as specified. Contents of the competing offerors' proposals will not be disclosed during the evaluation and negotiating phases. Proposals shall be available for public inspection after award of the contract, except for proprietary or confidential infonnation identified by the Offeror as uCONFIDENTIAL". Requests for additional information shall be in writing and shall be faxed to the Purchasing Manager at 281-470-5127 or e-mail to Durchasina@ci.la-Dorte.tx.us. 10 OFFEROR OBLIGATION CHECK LIST U Authorized Signature U Multiple Copies as Required U Pre-Bid Meeting Noted, if Applicable U Bonds, Cashier's Checks Enclosed, if Applicable U Amendment Acknowledged and Enclosed, if Applicable Failure to meet these obligations may cause your proposal to be considered non-responsive 11 CITY OF LA PORTE Target Dates RFP #06501- COMPENSATION AND CLASSIFICATION STUDY To Dept for Review 12/05/05 Dept Return 12/12/05 Mail-Out Bids 12/12/05 Advertising 12/14/05 & 12/21/05 Opening 01/05/06 Evaluation Period 01/06/06 - 01/09/06 Meetings 01/10/06 - 01/13/06 Agenda Deadline 01/16/06 Council Award 01/23/06 Award Notification 01/24/06 12 - ~ A - REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Reqnested Febm"", 27.2006 ~ Requested By: . lie wens.. }j/ Deputment: CiW sm:': :::'IS D . ., Appropriation Source of Funds: Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: Report from AI Owens - City Secretary 1-12 Budgeted Item: YES NO Exhibits: Citywide 1-17, Rlld~et Tnform9tion SUMMARY & RECOMMENDATION During the City Secretary's Annual Performance Evaluation last July, Council directed her office to implement a document imaging/electronic records management program. The City Secretary researched the matter and made a recommendation to the City Manager and MIS Division to purchase and implement MuniCode/Laserfiche. Muni-Code is the vendor who codifies our Code of Ordinances and has a sole source contract with Laserfiche for records management software. The MIS Division did further research and has recommended Laserfiche as well. See attached report from the MIS Division. Phase I - City SecretaryNauIt only $50,000.00 Action ReQuired bv Council: Staff is seeking approval to move forward with the purchase of the Laserfiche software and related equipment to implement an electronic records management system for phase I only. ,~~ ~;) -0 V Date - CITY OF LA PORTE CITY SECRETARY'S OFFICE INTEROFFICE MEMORANDUM JANUARY 17, 2006 TO: Mayor and City Council Martha Gillett, TMCA, CMC 4 Electronic Records FROM: SUBJECT: During my last evaluation, one of the goals you assigned me was to implement tracking of City Records on an electronic basis. I have done research and will be bringing this item to a January meeting to workshop. In addition, I have met with the City Manager and advised our IT Manager, Al Owens about the project. I have put Mr. Owens in touch with the representative I have been speaking with. I offer the following information based on my research: MUNICIPAL CODE CORPORATION: - The City currently uses Municipal Code Corporation and have been using them since 1997. They codify and publish all ordinances adopted by the City Council of the City of La Porte. Municipal Code has a subsidiary division that provides this service and is the sole source vendor for Municipal Code Corporation. They have been approved, by the General Services Commission of Texas, as a Catalog Information Systems Vendor (CISV). BENEFITS OF THE LASERFICHE DOCUMENT MANAGEMENT SYSTEM: Protection - As the agenda is prepared/processed records are automatically captured within the database. Eliminates double work later. Research - Eliminates research time and allows quick and easy access to records. Storage - Allow storage of vast quantities while using small network infrastructure space. Eliminate Paper - captures the agenda documents from the beginning eliminating paper at the very source. Would allow us to go to paperless agenda process in the future. Publish agenda automatically - Once items have been approved, the agenda can be made public and published to our website. Internal users or the public can access individual sections or the entire agenda in PDF format. This will save time on staff and provide easier access to the ,- citizens. Page 2 Customizes Agenda and Requests Layout - Muniagenda offers the flexibility to customize the look and layout of our agenda and agenda requests. Customizes and Automates the Approval Process - This will save staff time and improve the agenda preparation process. Preservation of City Records - With this system, I would be able to walk out of City Hall during an emergency situation (hurricane example) with a few c.d.'s in hand containing the entire vault and permanent records. Implementation - The implementation time is fast and could be completed prior to next hurricane season. COSTS: See attached proposals for cost estimates. In addition to the attached proposal, I have identified through the mentoring program that the planning department has some permanent records that need to be placed in the vault. They will also need to be a part of the process. However, they could be phased in keeping in mind that if a hurricane its our City, their records may be destroyed. REFERENCES: They currently serve over 200 clients. I have visited with the City of Deer Park, City of Seabrook, City of Friendswood, City of Galveston and City of Webster who currently use the system. They are extremely pleased and spoke favorably about the implementation and ongoing maintenance provided by the vendor. Numerous other cities in the TMCA Salt Grass Chapter are currently using this system or plan to use in the near future. If the funds can be identified, I recommend we use MCCI for electronic document imaging since they are the sole source vendor that coordinates with our current vendor Municipal Code Corporation. C: Debra Feazelle, City Manager /mg . MCCl Municipal Code Corporation CORPORATE OFFICE Sales Department PO Box 2235 . Tallahassee, Florida 32316 (800) 342-2633 . FAX (850) 701-0715 RUSSELL HADDOCK Account Executive (TX, OK and LA) 7940 Park Ridge Drive Fort Worth, TX 76137 (817) 788-1102 . rhaddock~mccinnovations.com January 17,2006 Ms. Martha Gillett City Secretary 604 West Fairmont Parkway La Porte, Texas 77571 Dear Ms. Gillett: I enjoyed visiting with you yesterday regarding the Laserfiche Document Management System. Pursuant to our discussion, we are pleased to enclose our Professional Services Proposal for the Laserfiche Software and our Laserfiche Services. While reviewing the proposal please keep in mind the advantages that Laserfiche offers: ~ Protection - Your records are automatically captured, in text and image, within a database, which cannot be changed or misplaced. ~ Research - Records are converted to text and images for quick and easy research and printing at the click of your mouse. ~ Storage - Laserfiche allows you to store vast amounts of records while only utilizing a small footprint in your network infrastructure. ~ Retrieval - The Laserfiche search engine, which allows boolean, fuzzy, text, and proximity searches is easy to use and fast to retrieve any document you are looking for. CISV PROGRAM. Municipal Code Corporation has been approved, by the General Services Commission of Texas, as a Catalog Information Systems Vendor (CISV). Information on this purchasing program can be found at http://www.tbpc.state.tx.us/stpurch/cisv.html. The enclosed price schedule outlines the costs for our services and software based on our CISV agreement. MCCi's catalog can be viewed at http://www.mccinnovations.com!cisv /index.htrnl If you have any questions concerning our proposal or desire additional information, please do not hesitate to contact me at the number provided above. We appreciate your interest and hope that we will have the pleasure of working with you and serving the City of La Porte. Sincerely, c/Z~ Russell Haddock Account Executive RH/ak LASERFICHE SOFTWARE QUOTATION SHEET * Please check all boxes below for options desired. SOFTWARE 0' LF Group Server Software 0' 2 LF Full User ($550 each) 0' 12 LF Retrieval User ($220 each) 0' LF 2 User SnapShot ($100 each) *imports documents from computer 0' LF 9 User E-Mail Plug In ($80 each) *requires MAPl compatible e-mail 0' LF 1 ScanConnect (required for each scanner purchased/utilized @ $165 each) [{1 LF WebLink *publish documents to the Web Total Software ANNUAL SOFTWARE SUPPORT 0' LF Group Server Software Priority LSAP 0' 2 LF Full User Priority LSAP ($165 each) [{1 12 LF Retrieval User Priority LSAP ($66 each) 0' LF 2 User SnapShot Priority LSAP ($30 each) *imports documents from computer 0' LF 9 User E-Mail Plug In Priority LSAP ($24 each) *requires MAPl compatible e-mail 0' LF WebLink Priority LSAP Total Software Support and Updates For budgetary purposes, the Client should include this amount in annual budget for renewal of LSAP of the above quoted software. HARDWARE: Please see section 10 for minimum hardware requirements DOCUMENT SCANNING HARDWARE: Hardware prices do fluctuate frequently. Pricing will be confirmed prior to order. [{1 Fujitsu fi-4340C 40 ppm / Black/White & Color / 100 page ADF / Maximum paper size 8 W' x 14" / Flatbed Max paper size 8 Yz" x II" / USB 2.0 cable INSTALLATION. TRAINING & SUPPORT SERVICE: [{1 3 days, Installation & Training of software @ $1,500 per day, travel expenses included Note: Any installation and training hours not used in the implementation will be converted to PSP hours. All installation and training costs are per day (based on an 8 hour day) and per MCCi Technician. [{1 Shipping and Handling Fee for LaserFiche Software [{1 18 hours, Professional Services Package @ $110 per hour *Travel expenses not includedfor onsite visits. $2,250 $1,100 $2,640 $200 $720 $165 $7,995 $15,070 $675 $330 $792 $60 $216 $2,390 $4,463 $3,750 $4,500 $50 $1980 PAYMENT & BILLING TERMS MCCi will invoice fifty percent (50%) of the total contract amount upon receipt of the signed contract. Balance will be invoiced and billed upon completion of installation. Payment will be due upon receipt of an invoice. Total Cost $29,813 - The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the Client. Submitted by: MCCi, a Limited Liability Company Date: January 17,2006 By: (Signature) Lawton Langford - Managing Director (Printed Name & Title) Witness: (Signature) Noted Items Accepted by: CITY OF LA PORTE, TEXAS Date: By: (Signature) (Printed Name & Title) Witness: (Signature) (Printed Name & Title) - MCC~ a Limited Liability Company and subsidiary of MUNICIPAL CODE CORPORATION. wbieb is duly organized and existing under the laws of the State of Florida, hereinafter referred to as MCCi. hereby offers the Lascrfiche Software & Services to the City of LA PORTE, TEXAS, a corporation duly organized and existing under state law, hereinafter refem:d to as the Client, according to the fonowing tenns and conditions. Il4a::l DOCUMENT SERVICES ':;RA TING WITH LASERFlCHE. MCCi will scan and integrate the documents with Laserfiehe's Software il...... provide the Client with the most powerful index retrieval search engine available with the following features: inruitive browse window, index cards, and fuzzy logic. The search engine will allow the Client to search thousands of documents at one time or 8 select field of documents using: text, proximity, wildcard, fuzzy or Boolean search logic. The Client will be provided with one CD-ROM with text documents linked to hnages. The Client must have either Windows 2000 or higher or Windows XP to access the CD. Please be aware that MCCi charges per scanned image, single pages that require multiple scanning (ie: multiple documents, & multiple documents that share a page) will be billed accordingly. Handwritten documents will be searchable by keyword index only. MCCi provides a 99.96"10 data capture guarantee on aU service work. LASERF1CHE WEBL1NK. MCCi will post the database to the web for a minimal annual fee at www.mccinnovations.com. The database is updated at the same time as your Laserfiche account. The CJient may create a link to this site at no charge. DELIVERY. MCCi will deliver the documents integrated with Laserfiche within 90 days after receipt of the printed documents. Should MCCi require additionaJ time, the Client will be notified immroiately_ The delivery for updates to the database will be 60 days. PA YMENT & BILLING TERMS. MCCi will invoice project when shipped. Please note that Large Back-file projects (in excess of SJ 0,000) will be billed out monthly (based on image counts), rather than at the time of job completion. Payment will be due upon receipt of an invoice. LASERFICHE SOFTWARE & HARDWARE LASERFICHE SOFTWARE. MCCi will provide Liiserfiche (LF) Software. a full-featured version of Liiserfiche. This software is a records repository allowing storage, retrieval and imaging of all documents. Capabilities include an intuitive browse window, index cards, full.text indexing. keyword template search, fuzzy word search, and virtually unlimited folders. giving users access to any document instantly. Laserfiche provides a truly concurrent licensing structure. Instead of purchasing a license for every computer with Laserfiche installed, licenses can be purchased co suit the needs of the number of people enterprise-wide that will use Laserfiche. The number of licenses purchased equals the number of concurrent users of Laserfiche. For example the 12 Retrieval users couJd be instaJled on 20 different pes but only 12 of them could access the system simuhaneously. . LASERFICHE TEAM: Laserticbe Team is a MSDE (Microsoft Data Engine) version of Laserfiche and comes with one MSDE database with a capacity of 1,000,000 documents. The MSDE version is suitable for small system installations. With this package you can choose the number of full users and retrieval uSers. Laserfiche Team is upgradeable to Laserfiche United (MS SQL). LASERFICHE PLUG INS. UTILITIES & TOOLS. MCCi can provide additional Laserfiche Plug-ins Utilities, & Tools software. laserficbe offers 8 selection of add-ons and development tools designed to let you tailor Laserfiche to meet your needs. Canture Plul!' Ins: . Lasediche Import Agent™ automates document importing and document management within Laserfiche, particularly well-suited to work: with multi-function peripherals . Laserfiche SeanConnect™ scanning suppo" for a wide variety of desktop and production document scanners . Laserfiche Snapshot™ creates archival images of electronic documents for full-text indexing .........trihution Plu!! Ins .aserfiche WebLinkT". secure, platform-independent Web publishing that integrates easily with your existing Neb site. . Laserfiche WebAccess is a web-browser-based. true thin client for secure, wide-scale document management deployment. . Laserfiche Plus™ Archive and distribute documents on royalty-free CD's or DVD's with built in search engines. . Laserfiche E-Mail Plug-io™ allows instant electronic document distribution via standard MAPI-compliant e. mail applications. . Laserfiche COLD/COLD PIUST". archives machine~generated reports to digital media, eliminating great quantities of paper reports, cutting storage costs and allowing inunediate report retrieval. Worknow& Process Automation . Laserfiche Workflow: Efficiency and accountability-enhancing document routing, e-mail notification and audit trail reporting. . Laserfiche Audit Trail Modules: Three levels of audit reporting to address your specific regulatory compliance and security needs. . LF Audit Trail- Starter: This edition tracks who accesses data in the repository, as well as changes made to the repository. Users can then generate reports on the life.cycJe of documents. and who has accessed them. . LF Audit Trail- Standard: This edition allows 8 more finely grained auditing configuration that tracks only the data that you need. Standard features the tracking of {ailed attempts to change content in the repository, giving more insight into user activities. All the functionality of the Starter edition is also included. . LF Audit TraU . Advanced: Besides doing everything that the other two versions do, this version also tracks changes in security settings, so not only what a user is looking at or changing is tracked, but who gave them the right to do so. Searches are also tracked. For additional document security, with thjs edirion users can be required lo submit reasons for printing and exporting documents. Administrators can force printed documents to have Watennarks applied to them. Blitch Processin2 . Laurficbe Quick Field,TM automates document soning and indexing for reduced data entry costs and manual indexing errors . QF Real~tjme look up: look up and extract data from a 3m party database.. verify values extracted from an image matched values in the 3M party database . QF Zone OCR: scan a zone on an image captured by QF for tex.t . QF Bar Code Recognition: read bar codes on images captured by QF, . QF QuiCk Forms: permits multiple document classification, as well as include advanced capabilities such as form recognition, fonn registration, fonn removal and optical mark. recognition. . QF Document Classification: designed for clients who deal with multiple fonns, and will recognize: and process multiple document types. . QF AnnotalionlBales Numbering: The Bates scamp option is a document auto~numbering annocation option I ntel!'ration . LF Integrator's Toolkit: Tools & documentation necessary for customizing Laserfiche . LF Integration Express: Packaged solution for image-enabling integrations . LF Integration Express GIS: Simplified image-enabling integrations between Laserfiche and geographic information systems. . Fiche Feeder: enables you to populate Laserfiche Databases from disparate OOBC compliant sources and fixed. tab, comma, or user defmed delimited files. . Fiche Finder: enables you Co search your Laserfiche Darabases from third-party software applications ~ MCCi will be happy to quote any of the above options, with the associated training expense upon your request. 'SERFICHE SOFTWARE UPGRADE. When softwa", is upgraded, the old copy of the software must be .etumed and will no longer be a valid copy. Proof of previous purchase is required to receive upgrade. Upgrade credit applied towards new purchase is J OOO/Cf of original purchase price. The difference between the new system (server, full and retrieval users) price and the old system (server. fun and retrieval users) price must be greater than or equal to 10% of the new system price. Othenvise. 8 minimum software upgrade adjustment will be applied to comply the 100/0 price difference requirement. One year of LSAP must be purchased for new produces when upgrading. LSAP of the original product will not be credited. However, remaining months of LSAP can be applied towards the new purchase of one year of LSAP for the new products. SOFTWARE SUPPORT. Software Support for the above software packages is offered by MCCi and Compulink. (Developers of Laserficbe software) Any Updates requiring shipment of Software requires Client to pay shipping costs. Laserfiche Software Assurance Plan (LSAP) includes: Telephone or E-Mail suppon for software related issues, All new software version updates, 24-hour FrP and web site access and Technical bulletiDS and newsletters SOFTWARE INSTALLATION. MCCi will install all software outlined here in. If additional software is needed to bring the site up to specifications customer will be billed accordingly. END USER TRAINING. MCCi will provide instructor-led hands-on training in the operation of the Laserfiche Software and Plug-ins. Training arrangements will be dependent upon number of users purchased. Training will involve demonstrating the setting up of volumes, templatcs, and folder hierarchy. Training also includes how to Scan, Optical Character Recognition (OCR), Index, and Search the documents and more. SYSTEM ADMINISTRATOR TRAINING. MCCi will provide a one day training session to your organization's Systems Administnltor. The Training wjIJ include Configuring Laserficbe System, Database Maintenance, Security Settings, Data Back Up, Methods of Communication for Laserfiche Software Support, and Solution Development. SITE PREPARATION. Site should be ready for installation according to specifications outlined within the Laserficbe brochures listed under "Technical Specifications". Any additional work by our IS installation team not covered in this contract, ie: Network modification and reconfigurations; will be billed at $125 per hour. PROFESSIONAL SERVICES PACKAGE. . Solution Development/Consultation. MCCi will consult with end users, retrieval viewers, and also the System Administrator, in an effort to develop strategies for Document Management prior to the initial installation and user training. This includes: Researching various documents in order to detennine desired organization and retrieval capabilities of those documents, and Consultation on the indexing of documents (Our experience in indexing is invaluable). This service is a session that involves showing you how MCCi's other customers are using their systems. and also many of the solutions that we have developed for customers, such as the development of a Records Retention program within Laserfiche. We also refer to this as a "hand holding package" for the first year after system implementation. . User Telephone or E~mail Support: This service is offered by MCCi to augment the Laserfiche Software Assurance Plan. This service provides for MCCi to provide Telephone (or Email) User question support by the next business day for questions relating to the use of the software which is not covered in the Software Support. . Remote Access Support: If your system meets all requirements Meei will include the installation and llaining on the use of Remote Access Software. Remote Access Software will let MCCi provide helpdesk support remotely. It will allow our helpdesk to be more efficient and reduce call times by enabling our helpdesk to take control of your machines remotely to resolve problems faster. The use of Remote Access Software can save you both time and money by redUCing the delays in resolvjng software issues without costly on~sire visits. . Annual On SUe Review & Analysis: This annual service is intended to ensure that your organization is using the system to its fullest capabibties. MeCj wiU access your system to review and analyze how your organization is using the Laserfiche System in its day to day operations. MCCi will identify any potential problem areas and make recommendations for better use of the system. MCCi will provide any additional training necessary for making recommended improvements and also task specific training that you have requested. MCCi will review your organizations database backup procedures to ensure the data backup is being performed as reconunended. MCCi will also provide consultation with members of your organization to assist in developing Document Management solutions specific to your needs. This analysis is designed to be implemented 6 months after the initial Laserfiche Software installation, and would be performed annually after that date, if the client chooses to renew the package after the first year. RECOMMENDED MINIMUM HARDWARE SPECIFICATIONS. MCCi will provide necessary consultation as to the compatibility of current hardware with the Laserfiche system. Changes and recommendations will be made at the time of consultation. See system requirements below. Please keep in mind that these are the minimum system requirements. All scanners also require the ScanConnect Software, which is quoted below. SCANNING STATION PC SERVER REQUIREMENTS SCANNERS Operating System; Windows 2000 or XP Operating System: Windows 2000, or Must utilize CPU: 800 MHz processor or faster Windows 2003. ISIS drivers Memnry: 256 MB CPU: Pentium III 100 MHz processor or faster RAM;Communications: TCPIIP Memory: 512 MB RAM minimum;l MB per Web browser: Internet Explorer 5 or additional user higher Communications: TCPIIP FOR LF UNITED VERSION ONLY: Database Engine: MS SQL Server 2000 (service pack 3 or tljgher) CLIENT REQUIREMENTS WEBLlNK REQUIREMENTS Operating System: Windows 2000 or XP Windows 2000 with US 5.0 or CPU: Pentium n 500 MHz processor or Windows 2003 with lIS 6.0 faster CPU: Pentium Ul 650 MHz processor Memory: 128 MB RAM; Memory: 256 MB RAM Communications: TCP/lP Web browser: internet Explorer 5 or higher HARDWARE. Hardware prices do flucruate frequemly. Pricing will be confirmed prior to order, SUPpoJ1 for all Hardware is provided by the hardware manufacturer and is the responsibility of the Client. Warranties for all hardware can be quolea upon request AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS. MCCi agrees to allow any other Govcrnment agency in the State of Texas to purchase hems, at the same tenns, conditions and pricing as this contract during the period of time that this contract is in effect. Minor changes in terms and conditions may be negotiated by MCCi and participating Government agencies. Any orders issued against this agreement shall be the sole responsibility of the Government agency placing the order. It is understood that the City of La POTte, Texas shall incur no financial responsibility in connection with any purcbase by another Government agency. PAY.MENT & BILLING TERMS. MCCi wm invoice fifty percent (50010) of the total contract amount receipt of the Signed contract. Balance will be invoiced and billed upon completion of installation. Payment will be due upon receipt of an invoice. ."-'- CITY OF LA PORTE INTEROFFICE MEMORANDUM January 12, 2006 TO: Debra B. Feazelle, City Manager FROM: AI Owens, IT Manager SUBJECT: "Document Imaging Report The following information has been collected to determine which direction would be feasible for our document imaging system. When we started the document imaging process it was mainly for scanning images into a database to replace microfiche storage. Since then, the development of document processing has evolved into an overall imaging processing system with many office enhancements. Our current document imaging software, known as File Magic, was upgraded last year so that it could operate with our current operating system, Windows 2003 Server. After inquiring about some of File Magic enhancements, it was discovered that the software does offer additional application improvements that are relative to other document imaging systems, such as Fortis SE. I also obtained information on another document imaging software from the city secretary office known as laserfiche. The following information will be a comparison of the two software. - File Magic ( Fortis SE) . Windows base look . Security permission to file level . Extended search criteria . MS Office/Email features . Server/workstation appl . Internet Explorer access . Multiple scanners . Create link to Muni Code . CD or DVD storage . Document Conversion - laserFiche Windows base look Security permission to file level Extended search criteria MS Office/Email features Server/workstation appl Internet Explorer access Interface with Muni Code CD or DVD storage Document Conversion PROPOSAL FORTIS SE LICENSE SUPPORT Fortis SE (5) user Software $19,000 $3,800 (Includes: PowerWeb and Fortis Office) Investment Protection for File Magic 5 ($10,000) Enterprise Enableit ** $15,000 $6,000 (** offer good till 12/31/05) Professional Services $ 6.000 $30,000 $9,800 Total for Software $39,000 Document Scanning Services TBA** Total for Project (** not included) $39,000 ENTERPRISE ENABLEIT AFTER 12/31 I'SO.OOOJ 1'6.00m LASERFICHE LICENSE SUPPORT Laserfiche Software $15,070 $4,463 (Includes: (2) Full Users, (12) Retrieval I Users, (2) User Snapshot, (9) Email Plug-IN (1) Scanner Connect, Weblink Hardware Fujitsu fi-4340C Scanner $3,750 InstalllTraining. Support (3) days Installation and Training $4,500 Shipping/Handling Fee for Software $ 50 18 Hrs. Professional Services Pkg $1.980 $25,350 $4,463 Total $29,813 Document Scanning Services $18.447 Total for Project $48,260 Since document imaging has evolved into a required office tool with a wide variety of enhancements that can be use with other third parties applications, I would recommend the best choice for us would be to invest in a software application that can utilize our existing city-wide applications (MS Office, AS400, other third party software). At this point Laserfiche would be to our advantage. Laserfiche would provide . Reduced cost for software upgrade and support. . Interface enhancements for future growth on some of the requested items such agenda management . Interface with the Muni-Code application . Ability to interface with AS400/HTE at a later date. . User-friendly software that utilizes several of the windows features which makes it easier to use and less training. Overall I think that this application would provide the city with a quality document imaging system for the future in the electronic image/storage revolution. xc: Cynthia Alexander, ACM Martha Gillett, CS - .~..- . MCCl Municipal Code Corporation CORPORATE OFFICE Sales Department PO Box 2235 . Tallahassee, Florida 32316 (800) 342-2633. FAX (850) 701-0715 RUSSELL HADDOCK Account Executive (TX, OK and LA) 7940 Park Ridge Drive Fort Worth, TX 76137 (817) 788-1102 . rhaddock~mccinnovations.com January 17,2006 Ms. Martha Gillett City Secretary City of La Porte 604 W. Fairmont Pkwy La Porte, Texas 77571 Dear Ms. Gillett: I enjoyed visiting with you recently regarding the Laserfiche Document Management System. Pursuant to our discussion, we are pleased to enclose our Professional Services Proposal for the Laserfiche Software and our Laserfiche Services. While reviewing the proposal please keep in mind some of the advantages that Laserfiche offers: ,- > Protection - Your records are automatically captured as a permanent part of the electronic repository and protected by complete permissions based access. > Research - Records are converted to text and images for quick and easy research and printing at the click of your mouse. > Storage - The Laserfiche system allows you to store mass amounts of documents while only utilizing a small footprint on your network. > Retrieval - The Laserfiche search engine, which allows boolean, fuzzy, text, and proximity searches is easy to use and fast to retrieve any document you are looking for. CISV PROGRAM. Municipal Code Corporation has been approved, by the General Services Commission of Texas, as a Catalog Information Systems Vendor (CISV). Information on this purchasing program can be found at http://www.tboc.state.tx.us/stpurch/cisv.html. The enclosed price schedule outlines the costs for our services and software based on our CISV agreement. MCCi's catalog can be viewed at http://www.mccinnovations.com/cisv/index.html If you have any questions concerning our proposal or desire additional information, please do not hesitate to contact me at the number provided above. We appreciate your interest and hope that we will have the pleasure of working with you and serving the City of La Porte. Sincerely, (/2~ Russell Haddock Account Executive RH/ak MCCIDOCUMENTSERVICE QUOTATION SHEET * Please check all boxes below for optional services desired. DOCUMENT SCANNING SERVICES: The Vault D Hard copy documents integrated with Laserfiche up to 154,800 images $18,044.40 Includes: . Document Scanning Document Prep Document Indexing up to 3 Fields . One Set of DVDs Excess pages $0.117 per image *This price is based on an estimate of 7, 740 total documents with an average of20 pages each. (OCR is not included since you will be able to do this from your LaserFiche system) DOCUMENT SCANNING SERVICES: En2:ineerin2: Department D Hard copy documents integrated with Laserfiche up to 258,500 images $45,555 Includes: Document Scanning Document Prep Document Indexing up to 3 Fields One Set ofDVDs *This price is based on an estimate 50,000 documents (8/12 x 11) with an average of 5 pages each and 1,700 documents (24 x 36) with an average of5 pages each. (OCR is not included since you will be able to do this from your LaserFiche system) DOCUMENT SCANNING SERVICES: Plannin2: Department D Hard copy documents integrated with Laserfiche up to 351,000 images $46,445 Includes: . Document Scanning Document Prep Document Indexing up to 3 Fields . One Set ofDVDs *This price is based on an estimate of 70,000 documents (8 ~ x 11) with an average of 5 pages each and 200 documents (24x 36) with an average of 5 pages each. (OCR is not included since you will be able to do this from your LaserFiche system) DOCUMENT SCANNING SERVICES: Inspections Department o Hard copy documents integrated with Laserfiche up to 22,000 images $29,793 Includes: . Document Scanning Document Prep . Document Indexing up to 3 Fields One Set ofDVDs * This price is based on an estimate 600 documents(8 % x 11) with an average of 5 pages each and 3,800 documents (24x 36) with an average of5 pages each. (OCR is not included since you will be able to do this from your LaserFiche system) o Itemized Total $139,837.40 o Volume Total (If All Scanning Projects are Combined) = $125,290.40 PAYMENT MCCi will invoice project when shipped. Please note that Large Back-file projects (in excess of $5,000) will be billed out monthly (based on actual image counts), rather than at the time of job completion. Payment will be due upon receipt of an invoice. The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the Client. Submitted by: MCCi, a Limited Liability Company Date: January 17,2006 By: (Signature) Lawton Langford - Managing Director (Printed Name & Title) Witness: (Signature) Noted Items Accepted by: CITY OF LA PORTE, TEXAS Date: By: (Signature) (Printed Name & Title) Witness: (Signature) (Printed Name & Title) -- MCCi, a Limited Liability Company and subsidiary of MUNICIPAL CODE CORPORATION, which is duly organized and existing under the laws of the State of Florida, hereinafter referred to as MCCi, hereby offers the Laserfiche Software & Services to the City of LA PORTE, TEXAS, a corporation duly organized and existing under state law, hereinafter referred to as the Client, -'ording to the following terms and conditions. MCCIDOCUMENTSERVICES INTEGRATING WITH LASERFICHE. MCCi will scan and integrate the documents with Laserfiche's Software and provide the Client with the most powerful index retrieval search engine available with the following features: intuitive browse window, index cards, and fuzzy logic. The search engine will allow the Client to search thousands of documents at one time or a select field of documents using: text, proximity, wildcard, fuzzy or Boolean search logic. The Client will be provided with one CD-ROM with text documents linked to Images. The Client must have either Windows 2000 or higher or Windows XP to access the CD. Please be aware that MCCi charges per scanned image, single pages that require multiple scanning (ie: multiple documents, & multiple documents that share a page) will be billed accordingly. Handwritten documents will be searchable by keyword index only. MCCi provides a 99.9% data capture guarantee on all service work. LASERFICHE WEBLINK. MCCi will post the database to the web for a minimal annual fee at www.mccinnovations.com. The database is updated at the same time as your Laserfiche account. The Client may create a link to this site at no charge. DELIVERY. MCCi will deliver the documents integrated with Laserfiche within 90 days after receipt of the printed documents. Should MCCi require additional time, the Client will be notified immediately. The delivery for updates to the database will be 60 days. PAYMENT & BILLING TERMS. MCCi will invoice project when shipped. Please note that Large Back-file projects (in excess of $5,000) will be billed out monthly (based on image counts), rather than at the time of job completion. Payment will be due upon receipt of an invoice. AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS. MCCi agrees to allow any other Government agency in ~e State of TEXAS to purchase items, at the same terms, conditions and pricing as this contract during the period of time that this ntract is in effect. Minor changes in terms and conditions may be negotiated by MCCi and participating Government agencies. Any orders issued against this agreement shall be the sole responsibility of the Government agency placing the order. It is understood that the City of LA PORTE shall incur no financial responsibility in connection with any purchase by another Government agency. TERMINATION. The services provided in this agreement will be in full force and effect for a period of three (3) years from the date of shipment of the completed product to the Organization. Thereafter, this agreement will be automatically renewed from year to year, provided that either party may alter or cancel the terms of this agreement upon sixty (60) days' written notice. TRA VEL EXPENSES. If the client cancels or reschedules an installation after MCCi has made travel arrangements, travel expenses may be incurred due to circumstances such as non-refundable airline tickets, hotel reservations, rental cars, and etc. ,...-, Decision Information for City Council Reserves Reserve for City Council Future Projects $ 425,334 Add Backs Beautification Signage CIP * 83,150 Communications Equipment 30,000 Summer Youth Program 25,000 Cemetary (Matching Grant) 35,000 Police DOT Scales 43,500 Mainstreet - Seed money for Downtown Improvements 40,000 Executive Raises 27,000 Total 283,650 Remaining Reserve for City Council Future Projects $ 141,684 * Large sign to be taken from Hotel/Motel Fund ($80,700) Reserve for Insurance Plan $ 310,000 Amount Used 28,000 Remaining Reserve for Insurance Plan $ 282,000 Total Remaining Council Reserves $ 423,684 Projects Discussed for During 2006 Budget Workshop Spenwick 14,000 Total Remaining Council Reserves - 9/30/05 $ 409,684 Current Propsed Projects Laser Fiche Document Imaging Software 125,500 Total Remaining Council Reserves Balance $ 284,184 ~~ - . MCCt Municipal Code Corporation PO Box 2235 . Tallahassee, Florida 32316 TELEPHONE (800) 342-2633. FAX (850) 701-0715 February 23, 2006 Martha A. Gillett, TRMC,CMC City SecretarylPublic Information Officer City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Dear Ms. Gillett: Please accept this letter as an official document certifying that MCCi a Sole Source Provider of Laserfiche products. MCCi sells and supports the Laserfiche document imaging and management software exclusively. No other document imaging or document management software that competes with Laserfiche is sold or supported by MCCi. MCCi values its status as the number one V AR of Laser Fiche's document imaging software to local governments. This status could not be maintained if we offered a competing product. Additionally, MCCi uses the Laserfiche software and is a "paperless" company. - We trust this certificate serves your documentation needs. Should you require additional information, please feel free to contact our office. ?J~ ~~ Donny Barstow President DWB/cbd dwb@mccinnovations.com B ,,,~ - REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Februarv 27. 2006 Requested By: Wayne J. ~ / Department: Planninl! Source of Funds: NA Account Number: NA Amount Budgeted: NA Report: -X-Resolution: _Ordinance: Exhibits: ZBOA Decisions SUMMARY Included in the Council agenda for the January 30, 2006, Retreat was a discussion of outdated ordinances. Due to time constraints, the topic was not discussed. The following information is resubmitted for your consideration: Attached at enclosure 1 is a 3-year table of Special Exceptions, Variances and Appeals of the Enforcement Officer cases heard by the Zoning Board of Adjustment. Most issues involved setback requirements with twenty (20) cases being heard. Most of these cases were approved but occurred mainly in the 2003-2004 timeframe. The second most frequently heard issues dealt with fences (5) and size/placement of accessory buildings (5). These cases were more recent. Fence variances generally involved placement in the front yard setback for security reasons or being allowed to the height of 8' (as opposed to 6' with a 6" rot board). The remainder of the cases involved parking space requirements (3), off-street parking (1), Patio Covers/40% coverage rule (2), Shipping Containers (1), Bonding (1) and the 45' maximum height rule (1). The zoning ordinance was amended to exclude certain portions of the patio cover from the 40% coverage rule. While only 2 cases were heard, another 20+ cases were pending. The designation of the Large Lot District enlarged the maximum size of the accessory building to 5000 S.F. and allowed positioning in the side yard setback (instead of just the rear). The maximum 45' height rule was eliminated in commercial and industrial zones to allow incentive for those types of development. Setbacks/parking requirements were relaxed in the Main Street District when those regulations were adopted. No other setback or fence requirements have had recent changes. No action is required. cJ-d.-(-dk Date ,.. ". 2003-2005 Zoning Board of Adjustment Special Exceptions, Variances, and Appeals of the Enforcement Officer Special Exceptions SE03-001 Reduce side yard setback on a corner lot SE03-002 706 S. Blackwell Reduce front yard setback requirement Approved 5/22/2003 SE03-003 941 Oak Grove Approved 7/24/2003 SE03-004 Bill White 112 S. 2nd St. Approved 7/24/2003 SE03-005 Lisa Waligora 119 Dwire Approved 8/28/2003 SE03-006 Jack Phillips 1426 Sens Rd. Withdrawn 8/28/2003 SE03-007 Mariana Rea 238 S. Holmes Approved 12/4/2003 SE04-001 Allen Moses 941 Oak Grove Approved 1/22/2004 SE04-002 Bayou Housing 429 N. 1st Approved 1/22/2004 SE04-003 Bayou Housing 401 N.lst Approved 1/22/2004 SE04-004 Bayou Housing 327 N. 7th Approved 1/22/2004 SE04-005 Mike McKinstley 408 S. 8th Approved 4/22/2004 Ric Ro e Construction for SE04-006 Deobra Spradlin 3118 Fondren Approved 4/22/2004 An onyMartin, SE04-007 A&M Const. 10003 Spencer Hwy. Approved 8/26/2004 Jerry an Daun SE04-008 Lambert 3234 Andricks Construct a front yard fence Approved 8/26/2004 Re uce size 0 parking space and maneuvering SE04-009 Sejal Dimple Patel 401 W. "G" lane for hotel Approved 9/23/2004 Mike Longtain of Reduce.rearyard setback to allow construction SE05-001 Hoppie1s Restaurant 1602 W. Main of additional storage and covered parking Approved 3/24/2005 Reduce front and rear yard setbacks for placement of a house and allow construction of SE05-002 Kathryn Aguilar 405 Bayshore Dr. stairs and porch within setbacks Approved 10/27/2005 .~ .... ) ) Variances Set aside bond/ insurance requirements for Y03-001 William Helm Luella at Fairmont multi-family development Rescheduled 3/27/2003 Set aside bond/ insurance requirements for V03-001 William Helm Luella at Fairmont multi-family development Denied 4/24/2003 Ligia and Allen Reduce rear yard setback and reduce standard Y03-002 Moses 941 Oak Grove conservation area setback Approved 7/24/2003 Waiver from BI "landscape OiUy' setbacks when Y03-003 Jack Phillips 1426 Sens Rd. adjacent to residential district Withdrawn 8/28/2003 Ij b[JJr Allow enlargement of a residential garage that A o?~ Y03-004 J ames Liles 402 S. 5th St. would occupy more than 25% of rear yard Approved 12/4/2003 Undeveloped 5.89 ac ~.F- site on south side of Allow construction of an accessory structure in t.J. ~ 5000 Y03-005 Scott Rodriguez McCabe Rd. excess of 2,000 SF of floor area Approved 12/4/2003 1 Reduce rear yard setback requirement and waive the standard requirements for both the Y04-001 Allen Moses 941 Oak Grove side setback and conservation area setback Approved 1/22/2004 L-'--v Allow existing 256 SF covered area to exceed j /.501.L.- 0 " :Ii Y04-002 Kevin Martin 10912 Linwood Ct. 40% maximum lot coverage ujpl$' 9 d11 S .F Approved 4/22/2004 New Life Christian Allow existing fence constructed Within front Y04-003 Fellowship 2104 Underwood Rd. yard setback Approved 5/27/2004 /.)...v Tim anaTeresa Allow existing 387 SF coverea- area to exceed ) ISO/'/" Y04-004 Buchanan 9501 Dry Desert Way 40% maximum lot coverage 1A.f?/f 9HJ S.F. Approved 5/27/2005 61< .f Denied stacking; J 01 [).- Refrigerated Deviate from shipping container stacking and approved 10' side fJit '41 IS .. Y04-005 Container Sales 1802 N. Hwy. 146 and side yard setback requirements yard setback 5/27/2005 1.4 Allow construction of an accessory building J 150 I' Michael Dee 1,200 SF of floor area exceeding maximum 1,000 Of .;) Y04-006 Forrister 1421 Lemon Lane . SF of floor area in side yard L/.-.. "'b/r 5000 M, Approved 6/24/2004 Allow existing room audition adjoinirl.g utility easement located in rear yard encroaching Y04-007 Leroy Marchan 3853 Pecan Circle minimum three feet setback Denied 8/26/2004 H j ~o'" ~ Allow construction of an accessory building (2- /( $000 J., F ' fP 411 car garage) 1,500 SF of floor area exceeding 19 Y04-008 Sherman Moore 1607 Willow View maximum 1,000 SF of floor area in rear yard Approved 7/27/2004 Bobby Grisham, Construct hotel/ motel exceeding 45 feet 0').11- J501-F(ff V04-009 Agent 908 S. 8th St. maximum height requirement Motion failed 8/26/2004 ,\,.." " .. ) ~ ) fFF SO/-y V04-009 401 W. "G' 9/23/2004 6fJ 4' Kim 1o~1' V04-010 1700 Roscoe Approved 11/23/2004 4dD.0~ William A. Benson, V04-011 Jr. 519 N. Broadway Approved 11/23/2004 ing maximum Request V05-001 Jerry E. Lemon, Sr. 206 S. Idaho Withdrawn 4/28/2005 600 B oc 0 Par Dr. CLP Parks & near Sylvan Beach Replace and extend a new fence around entire V05-002 Recreation Depot property Approved 5/26/2005 V05-003 Approved 6/23/2005 re uction V05-004 Approved 7/28/2005 V05-005 Mario Navarro 200 Garfield Construct 81 high fence around entire property. Approved 10/27/2005 Appeals of the Enforcement Officer Reverse Enforcement Onicer's decision to apply Section 106-262 to expansion of pre-existing, A03-001 Alton Ogden, Jr. 216 S. 16th St. non-conforming facility Denied 3/27/2003 Apply Sections 106-261 & 106-262 "Non- A05-001 Melvin Walker 2219 Underwood Rd. conforming Structuresll to existing building Denied 2/24/2005 em - REQU ST FOR CITY COUNCIL AGENDA ITEM Department: Agenda Date Requested: E Appropriation Requested By: Source of Funds: Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Draft Development Agreement Amount Requested: Exhibits: Draft Utility Extension Ae:reement Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Prior correspondence to Council and the TIRZ/Redevelopment Authority noted that the developer of Lakes at Fairmont Greens could not secure financing for the development because of significant up front costs associated with the trunk sewer and lift station, even though the TIRZ/ Authority could eventually reimburse the developer. With this cost center removed, the developer was able to secure financing. During 05-06 budget preparation, Council approved $645,000 for the construction of the trunk sewer and lift station based on the understanding that the TIRZ! Authority would reimburse the City from future increment. .- The first agreement, between the City and TIRZ! Authority provides for the City to advance the funds ($645,000) for the trunk sewer and lift station and act as construction manager for the TIRZ/ Authority. The agreement further provides for the TIRZ/ Authority to reimburse the City in the future. The second agreement is a Utility Extension Agreement (UEA) that establishes the City's oversight and control over the design and construction of the trunk sewer and lift station. The design and construction contracts would be let/owned by the developer with the City issuing joint checks to the developer/design and developer/contractor as certain approvals and milestones are met. New cost estimates are being prepared by the developer's engineers. Both agreements provide for the possibility that the bids may exceed budgeted funds (see Section 8 of the UEA). These agreements will be circulated for comment by the party's and by the City's attorneys. It is anticipated that the Council will consider approval at the March 13 meeting and the TIRZ! Authority possibly at a March 15 meeting. Action Reauired bv Council: cJ-2(--o; Date The proposed agreement advancing City funds to the TIRZ and providing for reimbursement to the City for Trunk Sewer and Lift Station is not ready. It will be very similar to the attached Missouri City Agreement. So Pretend! Missouri City = La Porte FBISD = LPISD The Project is not a roadway- It is a Trunk Sewer Lift Station Also, new language is being added to assist with Texas Attorney General's Office and future approval of Debt Issuance - (if needed) ... t;.\o iN" \)O~ ~~.e,., .D~~t~ J..F ef C/ 'i~ . " ,.' ..".~., ,/ ~iS D t~greement (this "Agreement") is made as of A.I~ f, ,2001, by and betw frlhe IN ESTMENT ZONE NUMBER ONE, CIT~R1CITY, TEX ~.... (th~ " ne", tax increment reinvestment zone created by the City pursuant to Chapter 311 Code, as aJ:Uended, acting by and through its governing board of directors (the ne Boay, , . MISSOURI CITY DEVELOPMENT AUTHORITY, a nonprofit local co ration forilled by and on behalf of the City of Missouri City,. Texas (the deITY OFl\1ISSOURI CIT~, TEXAS, a home-rule city (the "City"). RECITALS. WHEREAS, pursuant to Chapter 311 of the Texas Tax Code, the City Council of the City created the Zone in the City; arid WHEREAS, the Zone Board adopted a Project and Financing Plan (as defined below in Section 1.1), as amended, that provides that the Zone will undertake to make certain acquisitions and improvements in the Zone, and was approved by the City Council; and WHEREAS, theTexas Tax Code provides that the Zone may enter into agreements as the Zone Board considers necessary or convenient to implement the. Project and Fin~cing Plan and achieve its purposes; and WHEREAS, the Cityand the Zone have contracted with the A~thority as a nonprofit, Texas local government corporation pursuant to the provisions ofChapter431, Su~chapterD, TEX, TRANS. . CODE, to carry outthe purposes of the Zone~. including administration, supervi~ion,constrUctjol1' financing.and other duties,~d committed th~creven~es of the Zone to the Authority for SUch p.urp... os.~s, a.lras.....w~r;rl"t~t:~etforth.in the Agreement Between the City, the Zone.andJhe Authonty, dat~ ~'J ,~~" ... Jhe "Tn-Party Agreement"); and .. . . ~ff~~lS;th;2l~~wishes to make certain improvcmcn~;~~~r!~~ ... wl.thm the Z6ne, to further d~velopment wIthm the Zone and to carry outth~ purpp~eso .. .}l.2<>I1eaS de~cribe<l.. in .the Project. and Financing Plan, and for the rein:tbursement of tIle Cit)'for. such improvements in accordance with such Plans; and e/~ ""YUE;REAS. Hl~F~l;~O) "';0)1. lv p{oll;d" fol th" possibility tilll.t fort Dpnd In4~p~~e~(! Se~~81' eisffietfflQ-)' J3afti~fJlile ift tlle Ze)fl8; aRe t;B0@fore kave iHskuiea refereaseS ther~~e is this Dsyeh3J31fi8Ht ;\gr88HleHttEl. aeElElHltoR@eltte SHaR filvelilt; Hew, Mlefefef~, llouslon:405~04.2. AGREEMENT For and inconsideration ofthe mutual promises, covenants, obligations, and benefits of this Agreement, the Zone, the Authority and the City contract and agree as follows: ARTICLE 1 GEN'ERALTERMS 1.1 Definitions. The terms "Agreement," '~uthority," "City," "Zone," "ZoneBoard," and "Tn-Party Agreement" have the meanings set forth in the preamble hereof, and .the'fullowing capitalized terms shall have the meanings provided below, unless otherwise defined or the context clearly requires otherwise. For purposes of this Agreement the words "shall" and "will" are mandatory, and the word "may" is permissive. Act shall mean the Increment Financing Act, Chapter 311, Texas Tax Code, as amended. City Improvements shall mean the improvements described in Article 3 hereof. _.-~ ~./----~ . " County shall mearif8R 88H~ County, Texas. kP;C7fj '}..s, P. c ccc. ~""B;SB shaH~meanrthe F 81"t Sluts {nclepetl~}..f'fflH'ier.: ~ Fifth 5lt~d sllall ui~aJi~jlv{tI~~ l-'H.1f>el~ lO'-idted ~.;thin the-buu11dmies ofthG Zone;- ~-_... . ..-~.... ~-~~'--- /~Ii,(""u ",,,( Iloudc,,'mly "".no CHuhbl & bup,u,o"'""l pi.tiid Nu. ~. Net TaxJncrement shall.me e-M ual collections of the Tax Inq~ment,less(i)any amoU11tsrequired to be di . ... fo the payment of project costsrefated toegucatjonal fapilities incUlTed ~i ,yby c. ....... . (ii) amounts reasonably requir~ orllliticipated to be required for theadmim . c>peration ofthe Zone, including a reasonablt;: operating reserve; -IO.>e-,~ . c . c. c Parties or Party shall mean th.etuthority and the City as parties to this Agreement..~ ' Plan shall mean the final project plan and reinvestment zone fifuincing plan for the Zone, as amended, as c approved by City Council. c ~7P'ioi~~t: - Houston:40S)04.2{" Revenue Fund shall mean the special fuhd established by the Authority and funded with Tax Increment payments made by the City pursuant to the Tri-Party ~greement (which payments are attributable to incremental ad valorem property taxes paid on the Project and other properties in the Zone). Tax Increment shall mean funds deposited in the Revenue Fund by the City pursuant to the Tri-Party Agreement, comprised of funds received pursuant to thosecertai~ents or similar agreements between the City, thel:~:)unty-a{ld the Zone; the CitY. .. d the Zone and; (if 8.MJlisaele) between the City, fBlSDand the Zone. }...P:t=~ D ~::J .. . .Taxing Unit .shatrmean individually and collectively the City, the County, ~ and (lfal'l'lteael(l~. /'/ ,~"x,s 0 ' 1.2 Singular and plural; gender. Words used herein in the singular, where the context so permits, also include the plural and vice versa. The definitions of words in the singular herein also apply to such words when used in the plural where the context so permits and vice versa. Likewise, aily masculine references shall include the feminine, and vice versa. ARTICLE 2 /', REPRESENTATIONS /' - 2.1 Representations of the Authority. The Authority hereby represents that: (A) It is duly authorized, created and existing in good standing under the laws of the State and is duly qualified &rid authorized to carry on the governmental functions and operations as contemplated by this Agreement. ",' (B) It has the power, autho,rity and legal right to enter into and perform this Ag;re~ent and the execution, delivery and performance hereof (i) have been duly authorized, (ii) willriot, to the best of its knowledge, violate any applicable judgment, order, law or regulation, and (iii)does not constitute a defa,ult under, or result in the creation of, any lien, charge, ,encumbranceot sec\lrityinterestupon any assets of the Authority under 'any agreement or instrument to which the Authority is a party or by which the Authority or its assets may be bound or affected. (C) This Agreement has been duly authorized, executed and delivered by the Authority and,. constitutes a legal, valid and binding obligation of the Authority, enforceable in accordance with its tenris. (D) The execution, delivery and performance of this Agreement by the Authority does not require the consent or approval of any person which has not been obtained. 2.2 Representations of the City. The City hereby represents that: HOUSlO":405J04.2 ' 3 (A) It is duly authorized, created and existing in good standing under the laws of . the State and is duly qualified and authorized to carry on the governmental functions and operations as contemplated by this Agreement. (B) It has the power, authority and legal right to enter into and perform this Agreement and the execution, delivery and performance hereof (i) have been duly authorized, (ii) will not, to the best ofits k;nowledge, violate any applicable judgment, order, law or regulation, and (iii) does not constitute a default under, orresult in the creation of, any lien, charge, encumbranceor security interest upon any assets,ofthe City under any agreement or instrument to which the City is a party or by which the City or its assets may be bound or affected. (C) This Agreement has been duly authorized, executed and delivered by the City and, constitutes a legal, valid and binding obligation of the City, enforceable in accord~ce with its_ terms. (D) The execution, delivery and performance of this Agreement by the City does not require the consent or approval of any person which has not been obtained. , 2.3 Representation of the Zone. The Zone hereby represents that: ~- . (A) The Zone is duly authorized, created and existing under the laws of the State an,dis duly qualified and authorized to carry. on the governmental functions and operations as . cont~plated by this Agreement. (B) The Zone has the power, authority and legal right to enter into and perform this Agreement and the execution, delivery and performance hereof(i) have been duly authorized, (ii) will not, to thebestof its knowledge, violate any applicable judgment, order, law orregulation, and (iii) does not constitute a default under, or result in the creation of, any lien, charge, encumbrance or security interest uPQn any assets of the Zone under any agreement or instrument to which the Zone is a party or by which the Zone or its assets may be bound or affected. (C) This Agreement has been duly authorized, executed and delivered by the Zone and, collstitutes a legal, valid and binding obligation of the Zone, enforceable in accordance with its terms. (D) T~e execution, delivery and performance of this Agreement by the Zone does not require the consent or approval of any person which has riot been obtained. ARTICLE 3 THE PROJECT 3.1 The City Improvements.. The City Improvements are intended to enhance the pr?posed implementation of a development within the Zone as a whole, as more fully described in the Plan. . ,-~~ HOuslon:4Cl5J04.2 4 '" J- l}> · ~eJ, . . ~I 3.2 City 11iIlProv~ents description. The City lmprov~ents consist of improvements to ~~_ . The City lmprovement~ shall include all ngirteering,'tegaI and other consultant fees and expenses related to such City Improvements. 3.3 Additional Proiects. This Agreement does not apply to any projects not specifically defined herein unless this Agreement is amend,ed to provide for the design and construction of such additional projects. ARTICLE 4 DUTIES AND RESPONSffiILITIES OF THE CITY 4.1 Construction manager. The City agrees to act as construction manager for any contracts entered into with respect to the City Improvements including alkmaterials andservices'$ andwheIl:-:required. in. connection with the construction of the City Improvements. The City. will obtain all necessary permits and approvals from governmental officials and agencies having jurisdiction, and provide supervision of all phases of construction of the City Improvements so as to cause the construction to be performed in accordance with the ~.. \<' ,_~ co . .'c 4.2 Design ofthe City Improvements. The City shall prepare cause to beprepe' plans and specificlltions Jor the City h:nprovements. City Improvemen s a e eslgned in accordance with City standards applicable to similar public improvements within the City. ? . 4.3 Construction contracts. e Authority shall negotiate and award all contracts or the City Improvements from among contractors qua 1 ed and approved by the City'. 'N8d~~ and shaH be the OWller ofthe facilities 1l;ntil completion of the contract, subject to the duty of the Cityto act as construction manager in accordance with Section 4.1, above, and to guarantee all payments to the contractor, in accordance with Section 5.1, below. 4.4 Completion. D pon completion of a contract for the const~ction of the City Improvements, the City shall provide the Authority with a final cost summary of all costs associated with such contract, and show that all amounts owing to contractors and subcontractors nave been paid in full evidenced by customary affidavits executed by such contractors. The Authority shall immediately upon certification of the completion of any City Improvements convey them to theCity for incorporation into the City public works system for all purpo.ses. >..~. ? c..~, c..>,s."r ~ 'l>~~~ \ ~3.~, ~~D,:>J: Houston:405304.2 5 (IJ' lc:--. · ~~ ~~. ~~.;:. ~. 1\ . H~ol,)~ ~~~ · ~~..li...... a... ~~l o~ ~~eL J.c ~ t.>L:t- ~ Wt>..Jl .)D~ ~~ · ;(u tt. ( , r~~~~t ARTICLE 5 PROJECT FINANCING AND FUNDING 5.1 The City Advances. ~ el ';lil~}) (a) In connection with the struction of the City Improvements, the City agrees to provide sufficient funds as such ue for all cOsts thereof (the "City Advances"), constituting "project costs;" as defined i the Act "neluding costs of design, engineering, materials, labor, construction, and inspection fees arising in connection with the City Improvements, all payments arising under any contracts entered into pursuant to this Agreement, all costs incurredin connection with obtaining governmental approvals,' certificates or permits required as a part of any contracts enteredirito in aCCQrdance with this Agreement, and all related legal fees and out-of-pocket ex:penses inSVrred on behal(ofthe Authority in connection therewith. City Advances shall further include anyarrlounts advanced by the City in connection with the administration of the Authority and the Zone and the design. and construction of the City Improvements. ? 4.&~ cfr (b) Interest on each City. Advance shall accrue at a rate equal to the prime cb~ercial len4i~g rate ofth_seMan~attan Bank, National Association, or any successor tQits co~etcial ban~ing activities, plus one percent per annum, compOunded semiannually, whemersuch costs, fees, o~expensesare paid or incurred before or after the effective date ofthis Agreernent.lntertst snall be calculated on the basis ofa year of360 days and the actual days elapsed (iIH;ludin.gth~ first day but excluding the last day) 'occurring in the period for which such interest is paYa.91e,uplessi~uch ~lc~lationwo~ld result in a usurious rate, in which case interest shall be c~cuhitedo\lltl1~per anl111111~asis ofa y~ar of365 or366 days, as applicable, and the actual daysela.psed(il'lclu9ing the firstday but excluding the last day). . (c) The.~ity shall actas guarantor ofthe obligations ofthe Authority withrespectto any C()ntracts awarged in the name of the Authority as provided in Section4.3,a90ve,anQ~yslJch , contractsJ1all provide that tl}econtractor may look for payment only to tl1~City, orJo ~~sl?rovided totl}eA~thorjtyby the City specifically for the purpose of making paymetl~t()s1!ch <;gnp-aFtor.The City~gre~s to timely make such payments to allow for payment in accordance With the terms of the applic~ble constructioncpntract. 5.2. Repayment of City Advances. (.a).. In.. c.ons.l.".deratipn of th. e constru.. ction of the City Imp. rovem. etit$, t. be.A. ..u. t. h.. on. "ty sh. a.l. 1 b. ...eg. I." n re.paying me City Advances, and shall continue such repayment until repaidinftI}l,on.tHe.~liest d~tethat funds are available from any of the following sources, and solely from such sources: (i) proceeds from the sale of the Authority Bonds, as set forth in suIJsecti()n(b), and (ii) the Net Tax Increment, subject to the limitations set forth in su~section( c). ,- HouslOn:405304.2 6 (b) As provided herein, the Authority sh'all issue one or more series of Authority Bonds at the eadiest feasible date, iWhich Authority Bonds will be secured by a pledge of the Revenue Fund. The net proceeds of the Authority Bonds shall be deposited to a special fund of the Authority, and shall be used by the Authority to reimburse the City for the full amount (or such portion thereof as is deemed by the Authority as supportable by available Tax Increment as provided below) eligible City Advances, plus interest. Such Authority Bonds shall be sold within 120 days (or such other period as may be agree<! by the Parties) of a written request therefor from the City; provided that the City's Net Tax Increment (based upon the tax valuation of the Zone as certified or estimated by the Fort Berid County Appraisal District, or its successor) expected to be generated with respect to available Tax Increment is sufficient to support the applicable Authority Bonds bearing interest at the then-current rate of interest as determined by the Authority's financial advisor for comparable issues, after taking into account the portion of the City's Net Tax Increment required to pay any outstanding Authority Bond issued for any purpose, iI1cludingAuthority Bonds issued to refund outstanding Authority Bonds; The City's Net Tax Increment is determined as the total Net Tax Increment, less a,ny amounts that are used or to be used to determine eligibility of developers within the Zone for reimbursement of advances to the Authority for construction or anticipated construction of public improvements under the Plan pursuant to reimbursement agreements approved by the Authority, either now or during the life of the Zone. ,- (c) In addition to the City's right to reimbursement from Authority Bond proceeds, upon requestfrom the City, the Authority shall reimburse the City for City Advances, plus interest, from the City's Net Tax Increment (computed as above) accumulated in the Revenue Fund and available in accordance with the priorities described in Section 5.3, below. (d) At such time as funds are available to, pay all or any portion of the City Advances made hereunder, the Authority shallhire a certified public accountant to calculate the amount due the City and prepare and submit a report to the Authority certifying (1) the amount due the City for the City Advances being repaid with interest calculated thereon, and (2) that funds are available to make such payment. Such report shall be approved at the ,earliest practicable time, but not later than 90 days after submission by the City of the records required theretor. The Authority shall make payment to the CitY within 30 days ofapproval of the auditor's report. (e) The Authority shaH provide to the City, upon the written request of the City, and on the earliest date such information is available after the date of such request, certified copies of all statements of revenue and the sources of such revenue of the Zone and Authority the intended use of which is to verify the availability offunds for repayment of the City Advances, if applicable, under this se<;tion. . . -' 5.3. Priorities. Amounts deposited in the Revenue Fund shall be applied in the fO.lIowing o. rd. er of p. rior.ity (.i) diSb. ursement t~ if apPlicabl. e, fi.or educational faCl.-lities. in accordance with the Interlocal Agreement with~he City and the Zone; (ii) administrative costs of the Zone and the Authority; (iii) amounts pledged or required for the payment of outstanding Authority Bonds,. including Authority Bonds in the process of issuance and refunding Authority Bonds, and (iv) payments to the City pursuant to Section 5.2(c), above_ . lIouston:405304.2 7 - 5.4. Multiple developers and the City; The Authority has entered into other agreements . / i with developers ofland within the Zone for the financingofZor"e Improvements, and may enter into y ~ J.;~ ' others. It is the intention of'the parties that each developer shall be responsible for the creation of Tax Increment required for its own reimbursement. In such case, the Tax Increment generated within a developer's project as defined in the applicable reimbursement agreement ~hal1 not be considered in determining ,whether sufficient Net Tax Increment exists for the issuance of Authority Bonds, or direct payment of available Net Tax Increment, for reimbursement of City Advances unless the applicable developer shall give its written consent thereto. The net proceeds of <Authority Bonds issued to reimburse multiple developers and the City shall be allocated based upon the proportion of Tax Increment generated by each developer, or such other method as the developers may agree upon, and any unallocated Tax Increment shall be used for calculation of the City's Net Tax Increment and reimbursement of City Advances. ARTICLE 6 DEFAULT 6.1 Default. .- (a) If any Party does not perform its obligations hereunder in substantial compliance wi~ this Agreement, in addition to the other rights given the other Parties under this Agreement, such non-defaulting Parties may enforce specific performance oftlUs Agreement or seek actual damages incurred by the City for any such default. (b) The Party alleging default shall provide written notice to the other party of such default, and the defaulting party; shall have 60 days to remedy the default prior to the declaration of any default hereunder. ARTICLE 7 GENERAL 7.1 Inspections, audits. The City agrees to keep such records with respect to the City Improyements and all costs associated therewith as may be required by the Authority, the Zone; or by State and fed~llaw or regulation. The City shall allow th~ Zone access to, and the Zone shall have a right at all reasonable times to audit, all documents and records in the City's possession~ custody or controlrelatiqg to the City Improvements that the Authority deems necessary to assist the Authority in determining the City's compliance with this Agreement. 7.2 City operations and employees. All personnel supplied or used by the City in the performance of this Agreement shall be deemed.employees, contractors or subcontractors of the City and will. not be considered employees, agents, contractors or subcontractors of the Zone or the Authority for any purpose whatsqever. The City shall be solely responsible for the compensation of all. such contractors and. subcontractors. Houslon:405304.2 8 7.3 Personal liability of public offiCials, legal relations. To the extent pennitted by State law, no director, officer, employee or agent of the Zone or th~. Authority shall be personally responsible for any liability arising under or growing out of the Agreement. THE PARTIES SHALL INDEMNIFY AND SAVE HARMLESS EACH OTHER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AND AGENTS FROM ALL SUITS, ACTIONS, OR CLAIMS OF ANY CHARACTER BROUGHT FOR. OR ON ACCOUNT OF ANY. INJURIES OR DAMAGES RECEIVED BY ANY PERSON, PERSONS, OR PROPERTY RESULTING FROM THE NEGLIGENT ACTS OF SUCH PARTY, OR ANY OF ITS AGENTS, OFFICERS, OR REPRESENTATIVES IN PERFORMING ANY OF THE SERVICES AND ACTIVITIES UNDER THIS AGREEMENT. The expenses ofthe Zone or the Authority with respect to this section or Section 7.15, below, shall be satisfied from uncommitted City Net Tax Increment. "~. HOWilon:405304.2 9 7.4 Notices. Any notice sent under this Agreement (except as otherwise expressly . required) shall be written and mailed; or sent by electronic or facsimile transmission confirmed by mailing written cOnfirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the receiving party at the following addresses: Missouri City Development Authority c/o David Hawes , P.O. Box 22167 Houston, Texas 77092 I Attn: President, Board of Directors Reinvestment Zone Number One c/o David Hawes P.O. Box 22167 Houston, Texas 77092,' Attn: Chair, Board of Directors City of Missouri qty 1522 Texas Avenue Missouri City, Texas 77459 Attn: City Manager /po 1<- - \1- J'fpJP ~~ ' ~~ , \ ~\)I . Each party may change its address by written notice in. accordance with this section. Any communication addressed and mailed in accordance. with this Section. shall be deemed to be g\ven when somailed, any n~tice so sent by electronic or facsimile transmission shall be deemed to be . given when receipt of such transmission is acknowl~cl~ed~ and any C,Ommunication so deliyered in pers9Dshall be deemed to be given when receipted for by, or ~ctually received by, the Authority, the Zone, or the City, as the case may be. 7.5 Amendments and waivers. Any provision of this Agr~ement may be amended or waived if such amendment or waiver is in writillg and is signe<iby theZol1~' the Autliority andJhe City. No course of dealing onthe part of the Parties, J!9r anyfailureor delay byon~gimoreofihe Parties, with respect to exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, except as otherwise provided in this section. , 7.6 Invalidity. In the event that anyoft~e provisions contained in this Agreementshall be held unenforceable in any respect, such unenforeeabilityshall not affect any other provision of this Agreem~nt . 7.7 . Successors and assigns. All covenants and agreements contained by oron behalfofa Party in this Agreement shall bind its successors and assigns and shall inure to the ~nefit ofthe other Parties, their successors and assigns. . . ,..-, Houston:405304.2 10 7.8 Exhibits; titles of articles, sectibns and subsections. The exhibits attached to this Agreement are incorporated herein and shall be considered a part of this Agreement for the purposes stated herein, except that in the event of any conflict between any of the provisions of such exhibits and the provisions of this Agreement, the provisions:ofthis Agreement shall prevail. All titles or headings are only for the convenience of the Parties and shall not be construed to have any effect or meaning as to the agreement between the Parties. Ally reference herein to a section or subsection shall be considered a reference to such section or subsection of this Agreement unless otherwise. stated. Any reference herein to an exhibit shall be considered a reference to the applicable exhibit attached hereto unless otherwise stated. 7.9 Construction. This Agreement is a contract made under and shall be construed in accordance with and governed by the laws of the United States of America and the State of Texas, as such laws are now in effect. 7.10 Entire Agreement. THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIO~ CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 7.11 Term. This Agreement shall be in force and effect :from the date(<f execution hereof f1.ora tenn ex.Piring on the date thatthe C~~ Advances have been repaid in full' or January 1 of the year following the expiration of the Zon/, ~( '? . 7 .12 Time of the essence. Time is of the essence with respect to the obligations of the Parties to this Agreement. 7.13 Approval by the Parties. Whenever this Agreement requires or pennits approval or consent to be hereafter given by any of the pkties, the parties agree that such approval or consent shall not be unreasonably conditioned, withheld or delayed. 7.14 Counterparts. This Agreement may be executed in multiple counterparts, each of V{~ich when so executed and delivered shall be deemed an original, but such counterparts together shall constitute but one and the same instrUment. 7.15 Legal costs. If any Party hereto is the prevailing party in any legal proceedings against another Party brought under or with relation to this Agreement, such prevailing Party shall additionally be entitled to recover court costs and reasonable attorneys' fees from the non-prevailing Party to such proceedings. 7.16 Further assurances. Each Party hereby agrees that it will take all actions and execute all documents nece~sary to fully carry out the purposes and intent of this Agreement. HouSlon:4Q5304.2 11 7.17 Effect ofTri-Party Agreement. The obligations of the Parties hereunder are specificall conditioned upon the approval, execution, and effectiveness of the Tri-Party Agreement. Jo vt/? . ,>etJ . Jot( i> 'f ;;J. , , [EXECUTION PAGE FOLLOWS] .- HQUston:405304.2 12 ,- , . . .. - as of WITNESS WHEREOF, the parties Hereto have caused this instrument to be duly executed lJ II REINVESTMENT ZONE NUMBER ONE, CITY OF MISSOURI CITY, TEXAS By: Name: Title: MISSOURI CITY DEVELOPMENT :~a::~J Name: Title: Houston:40S304.2 ",' CITY OF MISSOURI CITY, TEXAS By: ~J~~ Mayor i?v,J-tL~'r- City Secretary . . . . 13 .l,~ -'of\'. (jV DRAFT #2 02/15106 1 UTILITY EXTENSION AGREEMENT (Between the City of La Porte, Tax Increment Reinvestment Zone Number One (TIRZ), La Porte Redevelopment Authority, and 65 La Porte, Ltd.) THE STATE OF TEXAS: COUNTY OF HARRIS: This Development Agreement (this "Agreement") is made as of ,2006 by and between the REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS (the "La Porte Zone "), a tax increment reinvestment zone created by the City pursuant to Chapter 311 of the Texas Tax Code, as amended, acting by and through its governing board of directors (the "Zone Board"), LA PORTE REDEVELOPMENT AUTHORITY, a nonprofit local government corporation formed by and on behalf of the City of La Porte, Texas (the "La Porte Authority"), and CITY OF LA PORTE, TEXAS, a home-rule city (the "City) and 65 LA PORTE, LTD., a Texas limited liability partnership (the "Developer "). WITNESSETH AGREEMENT - 1. All references to The Project hereunder shall, for the purposes of this agreement, refer to the exteasion of Southeast Sanitary Sewer Trunk Main and Lift Station Facilities anticipated by the Preliminary Design Report, Tc & B Job No. 13-1450l-00l/Dated October 1997 (CLF Proje0t No. 977101) together with any modifications or phased construction approved by the City acting as construction manager for the, Zone Board, and La Porte Authority. The Project Engineer shall be the Professional Engineering firm authorized by the City to design the Project. 2. Developer is the owner of certain property in the City of La Porte, Harris County, Texas, identified as Lakes at Fairmont Greens; a Subdivision of 135.4 acres of land Located in the W.P. Harris Survey A-30 and the J. Hunt Survey A-35, City of La Porte, Harris County, Texas. The property is further defined by "Exhibit A" attached hereto and incorporated herein by reference. City's utility main(s) presently do not extend to Developer's said property. Developer has requested the extension of City's utility main(s) identified as the Project to serve Owners Developer's said property. 3. City hereby agrees to the design construction and installation of an e][tension of its utility main(s) the Project to said property commencing at the nearest existing utility main(s) of sufficient size and capacity. Thence along/through public rights-of-way and/or easements to and through said Developer's property. Provided, _. however, that should City not possess all necessary rights-of-way and/or easements to complete said exteasioa(s), the Project Owner Developer shall be solely responsible for obtaining said additional rights-of- way and/or easements at no cost to City on City approved forms. DRAFT #2 02/15/06 2 ,- 4. City agrees to advance funds to La Porte Authority to pay all costs related to the design construction and installation of said utility mam(s) Project including necessary appurtenances in conformance with City's standards and specifications for said utility main(s). Costs shall include all engineering fees for survey, design, contract documents, bidding, construction staking, construction inspection, and preparation and submittal of final record drawings upon completion of construction. The La Porte Zone and La Porte Authority agree to reimburse the City for said costs according to terms and provisions of a separate agreement. 5. The Developer recognizes that the Zone and Authority have authorized the City to act on their behalf as the construction manager of the project. 6. It is recognized that the developer has retained the services of a Professional Engineering firm to design the infrastructure for the development identified as the Lakes at Fairmont Greens (Exhibit A). Furthermore, it is recognized that certain efficiencies exist in utilizing the same Professional Engineering fll1ll to design the Project and all parties agree to utilize the same fll1ll for the Project with the following stipulations. a.) Developer shall provide to City a copy of the Professional Engineering Services Agreement, scope of services and fee for services for approval by City. If the City does not approve the documents in writing, _ the City has the right to secure the services of another fll1ll for the Project b.) Progress payments shall be made by the Authority jointly to the Developer and Engineer according to the fee schedule supplied pending successful completion of each milestone. c.) The City shall have final authority regarding any design decisions relating to the Project and any progress payments to the Developer and Project Engineer. 7. Subject to the provisions of this agreement, City hereby agrees to the design, construction and installation of saia Htility main(s) the Project according to the plans and specifications to be prepared by the Project Engineer and approved by the City. Upon fmal approval of plans and specifications, Developer will solicit no less than three (3) competitive quotes for construction of the project each from a contractor with demonstrated experience in construction of public utility mains, lift stations and related infrastructure. When received, the Project Engineer shall tabulate quotes and a copy of said tabulation shall be provided to City. City shall apprO'te The Developer shall recommend and City shall approve the selection of a contractor based on the competitive quotes and City shall authorize construction of said I:ltility mam(s) Project. City in its approval of the contractor, may take into account the overall costs for installation of other public infrastructure to serve Section 1 of the Lakes at Fairmont Greens. - 8. Upon approyal of a eoatractor, the Developer shall furnish to t.fie City the following for approval. a.) Ferm ef agrecment betwecn develeper afl:G cORtractor. b. ) InstH'afl:ce etc. c.) Performance/payment bond DRAFT #2 02/15/06 3 8. The City has available $645,000 for the Project. In the event the Project costs, after bid opening, is estimated to be greater than the amount available, the parties shall have the following options: a) The City, the Zone Board, the La Porte Authority or the Developer may elect to pay the additional costs of the Project improvement costs of the Project or any Combination of City, Zone Board, La Porte Authority or Developer may provide funding for additional costs for the Project. b) City may withhold approval and elect not to proceed with the letting of the contract and terminate this agreement as provided below. c) City may withhold approval request Developer to re-advertise for bids for construction of the Project in accordance with the approved drawings and specifications in the same manner as before and under the same conditions. d) City may negotiate a reduced Scope of Work to be agreed upon by all parties prior to re-bid or acceptance of alternate bids for the Project. ,,- 9. Upon approval of a contractor for the Project, the Developer shall have the Project Engineer furnish for the Project the bidding, construction and field surveying services as defined in Exhibit B to this agreement. Additionally, the City may require special conditions to be included in the project manual. The Developer agrees that the City shall have review and approval authority during the bidding and construction phase services provided by the Developer's Engineer. 10. Upon receipt of a "notice to proceed" the Developer shall authorize the contractor to construct the "Project". Progress payments shall be made based on monthly submittal of work performed less 5% retainage. Said monthly submittal shall be reviewed and approved by City and Project Engineer. a.) Progress payments shall be made by the Authority jointly to the Developer and the Contractor. b.) The City shall have final authority regarding any progress payments to the Developer and Contractor. - 11. During construction the City shall have the right to inspect the contractors work for compliance with the plans and specifications. Work not in compliance shall not be approved for payment. It is agreed and understood that the Developer shall be responsible for maintenance of said litility main(s) the Project until final acceptance of the construction and installation of said litility maia(s) the Project and other public infrastructure installed by Developer to serve Section 1 of the Lakes at Fairmont Greens by City, at which time maintenance responsibilities of said utility main(s) the Project shall be transferred to City. DRAFT #2 02/15/06 4 12. Upon execution of this agreement and compliance with terms herein, Developer agrees to begin construction thereof as soon as the same may be let for contract as herein provided. Developer shall require the contractor under such contract to diligently pursue the construction of the project to completion. IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several these counterparts, each of which shall be deemed an original, in the year and day ftrst mentioned above. REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE ATTEST: BY: NAME: TITLE: BY: NAME: TITLE: REDEVELOPMENT AUTHORITY, CITY OF LA PORTE ATTEST: BY: NAME: TITLE: BY: NAME: TITLE: ATTEST: BY: NAME: TITLE: City Secretary APPROVED AS TO FORM: City Attorney DRAFT #2 02/15/06 CITY OF LA PORTE, TEXAS BY: NAME: Alton Porter TITLE: Mayor 5 .- E <- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februarv 27, 2006 Budl!et Requested By: Michael G. Oolhy, CPA ~ Source of Funds: Department: CitJ' CovAcH Account Number: Report: Resolution: Ordinance: Amount Budgeted: Workshop Amount Requested: Exhibits: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Last year, the Governmental Accounting Standards Board issued Statement No. 45 Accounting and Financial Reporting by Employers for Post Employment Benefits Other than Pensions (OPEB). OPEB includes health care benefits provided by municipalities to retirees. While OPEB costs have been traditionally funded on a pay as you go basis, governments will be required to disclose this off the balance sheet cost. Action Required bv Council: APP~~Oun~ ~E:ue,g*~ ~ -~I ~!J~ Date Other Post Employment Benefits: POINT PAPER OPEB stands for other post-employment benefits. The key ingredient and the driving force of OPEB are health care benefits paid by state and local governments for their retired employees. Health care has become government's fastest growing area of expense. According to a 2004 study of government employers by a bond rating firm, the cost of providing employee health care increased an average of 14.2 percent per year from 200 to 2004 vs. overall annual expenditure growth of 5.5 percent. Longer life expectancies are increasing the benefit cost. Last year, the Governmental Accounting Standards Board issued Statement No. 45 Accounting and Financial Reporting by Employers for Post employment Benefits Other than Pensions. Other post employment benefits, known as (OPEB) include health care, as well as all other retiree benefits that are not a part of a pension plan. Retiree health care is always considered OPEB. This class of post employment benefit may also include a variety of options such as life insurance or other non-pension benefits. While OPEB costs have traditionally been accounted for and financed on a pay as you go basis, they will now be treated for accounting purposes on an accrual basis like pensions. Once a government determines its OPEB liability under the new standard, it will then have to decide how to manage it. In its introduction to Statement No. 45, the GASB said that OPEB "are part of an exchange of salaries and benefits for employee services rendered; therefore the cost should be associated with periods when the exchange occurs rather than with the periods (often many years later) when benefits are paid or provided. A simple example of the practical application of the new reporting standard can be found in looking at OPEB cost structure of a fictitious new city with a relatively young fire department. The city has promised life time health care benefits to the department's members in its labor negotiations. Currently, this retiree benefit costs the city nothing on the pay as you go basis, since there are no retirees. However, as the firefighters age and retire and collect health care benefits, suddenly the city will experience a new and growing budget item due to accelerating health care-related expenses. Therefore, GASB 45 will make governments present a clearer picture by requiring governments to report on their financials current and probable future cash flows associated with health care benefits. Employers with more than 200 plan participants must conduct actuarial studies every two years to determine the full funding requirement. Our consultant, Mr. Welch, will assist the City with this requirement. The actuary will provide us with the required cost (ARC or annual required contribution) to fund our OPEB liability. As long as we contribute the full amount of the ARC each year, no liability will reported on our financial statements. However, if employers contribute less (or more) than the ARC, the effect of this funding will create either an asset or a liability on the face of the financial statements. Selected Strategies to Reduce OPEB Cost Reduce OPEB Benefits- an employer may be able to change the number of years for which retiree is eligible to receive health coverage; for example, a former lifetime benefit may be changed to end at age 65. Convert a defined benefit plan to a defined contribution plan. A defined contribution plan limits the employer's exposure in terms of the amount of contributions and shifts the risk of benefits fulfillment to the employee. A defined benefit plan such as ours places the risk on the City, since we promised to provide our retirees with medical benefits. Provide employees with a vehicle to pay for their growing portion of costs- such as health savings accounts that accumulate savings pre- tax. ,- f ..-- Requested By: ST FOR CITY COUNCIL AGENDA ITEM - Agenda Date Requested: F Appropriation Source of Funds: Department: Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Tax Impact Analysis for Clay Development (Prepared by Consultant for Clay Development) Amount Requested: Budgeted Item: YES NO Exhibits: General Information - Forei2n Trade Zones * Policy Statement for Foreign Trade Zone No. 171 * Pearland Economic Development Corp. * The Port of Houston Authority * Port Freeport * List of Foreign Trade Zones/Texas Exhibits: Recent Artides * Houston Chronicle: Deer Park International Trade Zone Proposed County Challenges Shell Oil's Tax Break Lawsuit Deer Park Council Holds on Trade Zone Plan SUMMARY & RECOMMENDATION ~- A consultant representing Clay Development has asked to speak to Council regarding the possibility of establishing a Foreign Trade Zone. We have provided some general information for Council regarding Foreign Trade Zones. Note that the City has, in the past, issued a letter of support regarding foreign trade zones in our ETJ. They were issued based on the premise that there was no affect on local ad-valorem taxes and on our Industrial District Agreement. If Council wishes to consider establishing Foreign Trade Zones we would need to understand the effect of such declaration on other Economic Development Incentives, i.e. o The Industrial District Agreements o The Tax Abatement Guidelines o The Tax Increment Reinvestment Zone Included in that review Council may wish to consider the level oflocal participation (from 0-100%) which I understand can be set by a separate agreement. This would still allow companies to benefit from exemption or deferral from Federal duty. Action Required by Council: c""'-' u r-1 -;;r:J ~ 6 k7 Date ,.' Tax Impact Analysis for Clay Development & Consulting, Inc. Underwood Business Park, Phase III (UBP) in Eastern Harris County The attached tax impact analysis is based upon job growth and real property investment generated by the location of the Clay Development & Consulting, Inc., (Clay Development) Underwood Business Park, Phase ill (UBP) in the site located in Eastern Harris County. The inventory numbers and total investment are estimates based upon current plans for the facilities if the current companies interested in the project can be attracted to the project. The first assumption used in the analysis is that the project decision is made and construction begins by early 2006. The second assumption is that the taxing authority is in agreement on the F oreign- Trade Zone (FTZ or Zone) issue with Clay Development. The City of La Porte Park (the City) will see significant benefit with this project. It will increase the value of the land and will put a significant amount of investment into the land in terms of real property enhancement, buildings and equipment that will add to the tax roles of the City. The Federal exemptions on inventory tax collection at the facility will not negatively impact the City, since the inventory is not currently on the City's tax roles. Furthermore, an estimated 60% of the inventory is currently estimated to qualify for the exemption. Clay Development is seeking a letter of support or a letter of "no contest" from the City in conjunction with the FTZ Expansion Application that will be required to establish the Zone Site for the facility. The overall net benefit to the City is anticipated to be an annual tax revenue stream of no less than $700,000 after the FTZ exemption is granted. Clay Development has identified that Zone status is a key factor for the marketing of these sites. If the letter of support is garnered from the City,then the deve~opment will locate in Eastern Harris County. A failure to realize a satisfactory FTZ status in Deer Park will make the marketing of the sites to companies versus neighboring Counties more difficult. This analysis does not include any of the indirect economic benefits of having this project, and the estimated 275 jobs it would create. I:\PROJ\Clay DevelopmentlClay tax narrative City oEL. Porte.doc ,- Tax Analysis Direct Effects of Underwood Business Park - No FTZ Exemption La Porte ISO and City of La Porte 2005 2006 2007 2008 2009 2010 Taxable Total Inventory $0 $7,500,000 $20,000,000 $20,000,000 $20,000,000 $20,000,000 Total Investment in Building and Equipment $0 $120,000,000 $120,000,000 $120,000,000 $120,000,000 $120,000,000 Total Value of Property - F1 (Real Com.) $2,042,700 $2,042,700 $2,042,700 $2,042,700 $2,042,700 $2,042,700 Real Property Tax Rate ~ City of La Porte 0.710% Total Impact on City of La Porte $14,503 $919,753 $1,008,503 $1,008,503 $1,008,503 $1,008,503 l:projlClay OevelopmenVTax Impact (2) '. Tax Analysis Direct Effects of Underwood Business Park - With FTZ Exemption La Porte ISO and City of La Porte 2005 2006 2007 2008 2009 2010 Taxable Domestic Inventory $0 $3,000,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 Total Investment in Building and Equipment $0 $120,000,000 $120,000,000 $120,000,000 $120,000,000 $120,000,000 Total Value of Property - F1 $2,042,700 $2,042,700 $2,042,700 $2,042,700 $2,042,700 $2,042,700 Real Property Tax Rate - City of La Porte 0.710% Total Impact on City of La Porte $14,503 $887,803 $898,453 $898,453 $898,453 $898,453 l:projlClay OevelopmenUTax Impact (2) 1- I~ - -- Tax Impact on City of La Porte - Underwood 1500000 Q) :J c:: Q) > Q) ex:: x C1l I- ~ N 1....- ... . . Current Revenue . Revenue with FTZ E. xe.mp. tion ~~evenu~ no~T..~~x~metion LIBERTY COUNTY ECONOMIC DEVELOPMENT CORPORATION P.O. Box 857 Liberty, TX 77575 PH (936) 336-7311 FAX (936) 336-9282 Issuance of Official Inventory Tax Policy for Foreign-Trade Zone No. 171 November 14, 2003 By this policy statement the Grantee of Foreign-Trade Zone (FTZ or Zone) No. 171 is outlining the defInitions of the Inventory Tax Policy as outlined by the Foreign-Trade Zones Board (FfZ Board) Regulations 15 CFR 400.I(c). "...Foreign merchandise (tangible personal property) admitted to a Zone and domestic merchandise held in a Zone for exportation are exempt from certain state and local ad valorem taxes (19 U.S.C. 810(e))." By this defInition, the regulations and the Grantee require a Zone Operator to be activated with The Bureau of Customs and Border Protection (Customs) inside an approved FfZ site. The Zone Operator must "admit" the merchandise into a Zone under Zone procedures outlined in 19 CFR 146, in order to access the Inventory Tax benefIt allowed under the federal law. The inventory that qualifies for the Inventory Tax benefit is defmed as those items that are foreign in their origin and domestic merchandise held for export within an activated Zone site. 1. Defmition of foreign merchandise is any merchandise that is manufactured outside the United States. The evidence required for qualifIcation under this defmition is any one of the following: An original invoice identifying the country of origin of the merchandise or a copy of a Customs document that identifIes the country of origin of the merchandise. The Customs document can be a Customs entry into the United States (CF3461), a Zone Admission form (CF214), Customs In-Bond Transportation Form (7512) or any other offIcial Customs document that carries a statement of the merchandise's country of origin. 2. Defmition of domestic merchandise held for exportation is any merchandise manufactured within the United States that is held in the Zone specifIcally for exportation outside the Untied States and its related territories. The evidence required for qualifIcation under this defmition is anyone of the following: A purchase order for a customer outside the United States or its related territories, a sales agreement showing the commitment to purchase the merchandise by a foreign customer, or any defmable determination showing the merchandise is destined for exportation. It is the intention of the Zone Grantee to outline the processes and requirements for accessing the Inventory Tax benefIt in order to eliminate any confusion with the Zone Operators and the local taxing authorities. The definitions and requirements enclosed in this document are taken from the FTZ Board Regulations as outlined above. This policy is subject to all Federal Regulations at all times. I:\PROJ\LBRTY\Issuance of Official Inventory Tax Policy for FIZ .doc , Pearland Economic Development Corporation - Foreign Trade Zones Page 1 of2 Foreign Trade Zones --=:~- l__ ! \....J u ~ ~ e .'_~~ia.' - City of Penland foriegn DAM Zolv. l.qud _ Fme911ll~cOi!ZQr-e 0 OtyLlrnltI; D ETJ -------- ----- In August 2001, three business sites were designated in Pearland as part of a Foreign Trade Zone (FTZ): the Northern Industrial Complex, the Southern Industrial Complex, and the Bybee-Sterling Complex. The three sites, totaling nearly 1,500 acres, are part of FTZ No. 149 administered by Port Freeport. FTZ's are specially designated areas either adjacent or within the U.S. Customs port of entry in which merchandise is considered to be outside the Customs territory of the U.S. Importers may bring foreign merchandise into FTZ's and defer payment of duties until the items are shipped out to other destinations within the U.s. or avoid the duties entirely if the item is ultimately exported to another country. FTZ's allow companies to enhance their cost competitiveness with other foreign manufacturers. Cost saving benefits of being in a Foreign Trade Zone . Duty Exemption on Re-Exports - If merchandise is exported after being placed in a FTZ or shipped to another FTZ and then re-exported, no duty is ever paid. . Relief from Inverted Tariffs - If foreign merchandise is brought into a FTZ or sub-zone and manufactured into a product that carries a lower duty rate, the lower rate applies. . Duty Elimination on Waste and Scrap - No duty is charged on most waste and scrap from production in a FTZ. . No Duty on Rejected or Defective Parts - Merchandise found to be defective or faulty may be returned to the country of origin for repair or to be destroyed. Whichever choice is taken, no duty is paid. . Duty Deferral - No duty is ever charged on merchandise while it is in a FTZ and there is no limit on the length of time merchandise may be kept in the FTZ. By deferring the duty, the FTZ user frees its capital for http://www.pearlandedc.comlHome/BusinessResources/F oreignTradeZone/printthis.asp 11/16/2005 Pearland Economic Development Corporation - Foreign Trade Zones Page 2 of2 more important needs. . No Duty on Domestic Content or Value Added - The "value added" to a product in a FTZ (including the manufacturer using domestic parts and cost of labor, overhead, and profit) is not included in its dutiable value when the final product leaves the Zone. Final duties are assessed on foreign content only. . Relief from State and Local Ad Valorem Taxes - Foreign merchandise stored in a FTZ or merchandise held in a zone for export is not subject to any state or local ad valorem taxes. . Duty Savings on Sales to the U.S. Military, NASA, or other Governmental Agencies - Generally, no duty is assessed when Zone merchandise is sold to the U.s. Military, NASA, or other governmental agencies. To learn more about Foreign Trade Zones and Port Freeport, click here. Copyright @ 2002 -2005, Pearland Economic Development Corporation. All rights reserved. http://www.pearlandedc.com/Home/BusinessResources/F oreignTradeZone/printthis.asp 11/16/2005 PORA I Foreign Trade Zone HOME. GENERAL INFORMATION BUSINESS DEVELOPMENT Overview F2(.JJities Turning Basin -'-er01lo2.1 Barbours Cut Container Terminal PHA Galveston Container Termin81 Houston Public Elevator No. 2 Woodl1Qij28 Terminal Wharf 32 Jacintoport Terminal Care Terminal Bulk Millerials Handlinq Plant Foreign Trade Zone Bayport Industrial Complex Bayporl Terminal Project Administration Economic Impact FI-equenliy Asked Questions Bid and Proposal Notices Glossary ___"f;U.Ii!U~._ ..tll..to("~'I~I.:. Page 1 of2 THE PORT OF HOUSTON AUTHORITY IIOLSJ"()'i, TEXAS PUBLIC RELATIONS MARITIME SERVICES CRUISE iNFORMATION SAM HOUSTON BOAT TOUR EMPLOYMENT RELATED LINKS FACILITIES FOREIGN TRADE ZONE What is a Foreign Trade Zone? A foreign trade zone is a designated area in which foreign and domestic merchandise is generally considered by the U.S. government as being outside U.S. Customs territory. Merchandise may be brought into an FTZ without a formal customs entry, import quotas and most other import restrictions. Duties and excise taxes are not assessed until the merchandise enters U.S. commerce. The Port of Houston Authority is manager of a foreign trade zone which includes many privately owned and port-owned sites located throughout Houston and Harris County, Texas. The Houston Zone offers users special benefits. For example, customs duties on imported goods entering the FTZ can be delayed until the cargo is removed from the zone. No duty is paid if the merchandise is exported directly from the zone. Benefits of Using a Foreign Trade Zone Storage: Foreign and domestic merchandise may be stored within the zone for an unlimited period of time, thereby avoiding all duties and excise taxes. Product Handling: Merchandise may be opened, examined, assembled, mixed, cleaned, labeled or repackaged within a zone. Manufacturing: Products may be manufactured within a zone and may even include the combining of foreign and domestic merchandise. Exhibiting: Merchandise may be displayed, sampled or examined within the zone. Disposal: Waste materials and damaged or valueless merchandise may be destroyed within the zone to avoid duties. Advantages Offered at the Houston Foreign Trade Zone Houston offers a strategic link to interior U.S. markets. Its location makes Houston an ideal distribution point for shippers sending goods to the U.S. West and Midwest. Shipping overland to these areas is easy because of direct access to a vast network of interstate highways and railroads, plus the fact that Houston is served by numerous airlines, railroads and motor freight companies. nttn:/ /www_ nortofholl.<;ton ~omIl:1pninf()/f::!{'ilitip,,/f{\rpi em 1-.tm 1 1 1 /1 t:: /'1 {\{\ C Port Freeport Page 1 of2 . -.~-~~:.....~....-...~ IF E"['t'}';( E ...." l J;~1 ... ,l~ f.... 1 I ..1 it GROWTH r \: r 'l ~'>,": ~;' r. f " ASHOVEL ~ . " ~'~ ',.. ' .- . _~ ~ "~,,,,,"",,,,o_. "' .. ~ ~ I '4\', ~ ~ I I' t ""1, ',\ :,.'f; II fl.l'.1 '. '.'\' I click to view a larger image Nancy Stephens, FTZ Administra1 Stephens@portfreeport.cc Foreign-Trade Zone 979-233-2667 x 43 Understanding Foreign-Trade Zones Foreign-Trade Zones (FTZs) were created to neutralize irrational U.S. tariff structures on products used by manufacturers operating in the United States and keep U.S. businesses competitive with businesses operating offshore or overseas. Though the benefits of operating in an FTZ vary, they are substant and are certainly worth investigating. The following information is meant to provide insight into FTZs in general and into FTZ #149 in particular. What Is A Foreign-Trade Zone? Authorized by the Foreign-Trade Zone Act of 1934, FTZs exist within the boundaries of the United States, but are considered to be outside of U.S. customs territory. These areas were designed to increase the use of Americal labor and to stimulate capital investment by allowing activity to occur within' U.S. prior to application of U.S. customs laws. The benefits of using an FTZ include duty deferral, lower duty rates, duty elimination on defective or damaged materials and waste or scrap materials, management of quota restrictions, and the possibility of tax and licensing savings. How Do These Benefits Apply To My Company? As one of the primary benefits of using an FTZ, duty deferral allows companiE to defer paying duty on imported merchandise until the merchandise leaves t FTZ and enters the commerce of the United States. For merchandise admitte. into and re-exported from an FTZ, no duty is assessed. An FTZ user that assembles or manufacturers in a zone can apply to the Foreign-Trade Zones Board for authorization to elect to pay duties on importE components either at the duty rate applicable to the components or at the dl rate applicable to the finished product. If the duty rate on the finished produc is lower than the components, an FTZ provides lower overall duties. Quota restrictions can generally be managed by admitting goods into a FTZ. Over-quota merchandise can usually be held in a zone until the next quota period begins, and may often be used as a component part of a product that not over quota. Some marking restrictions can also be avoided by bringing goods into an FTZ. Export savings can be realized by moving domestic goods into an FTZ due to the fact that they are treated as already being exported upon entering a zonE Consequently, exporters can accelerate drawbacks by moving goods to be exported into a zone. Additionally, defective merchandise is treated as expon and subject to drawback. nttn:/ /www.nortfreeport.comlftzlindex.htm 11/1612005 port Freeport Page 2 of2 - Savings are also available through the exemption of state or local taxes on merchandise admitted in an FTZ due to federal preemption. For example: St~ and local ad valorem tax is not applicable to foreign origin or foreign destinat goods in an FTZ. What Does FTZ #149 have To Offer? FTZ #149 exists within the boundaries of the Brazos River Harbor Navigation District and provides manufacturer-shippers with duty deferred, in-transit storage and assembly of products for import and no duty assessment on products re-exported. Sites within the district have been set aside for this purpose and general light manufacturing. Available real estate and warehous space, combined with an energetic and skilled local labor force make FTZ #1- an excellent choice for manufacturers exporting to other countries or serving U.s. markets. To see a use case study of the Foreign-Trade Zone, click here. ~- .'- http://www.portfreeport.com/ftz/index.htm 11/16/2005 List of Foreign-Trade Zones by State Page 1 of4 I\ln\l? I ?QiiS TEXAS FTZ No. 12 McAllen Hidalgo/Pharr Grantee/Operator: McAllen Economic I. .~-~.- . Development Corporation r ,~....:/.3T. C. -'-'" ..:\:../\1...;:::.-1 - ''',- -- 6401 South 33rd Street, McAllen, TX L_ ~-_.-'-~-_._...~.. 78501 Joyce Dean (956) 682-2875 Fax (956) 682-9111 FTZ No. 36 Galveston 36A Deepsea Flexibles Houston Operator: Port of Galveston P.O. Box 328, Galveston, TX 77553 Diane Falcioni (409) 766-6121 Fax (409) 766-6107 Grantee: Board of Trustees of the Galveston Wharves FTZ No. 39 Dallas/Fort Worth 39B GM Dallas/Fort Grantee/Operator: Dallas/Fort Worth 39C Sanden . Worth Intemational Airport Board 39E Fossil Partners P.O. Drawer 619428, DFW Airport, TX 39F Zale Corporation 75261-9428 39G Maxtor Corporation Micha.el Pyles (972) 574-3214 39H American Eurocopter LLC Fax (972) 574-8069 391 Turbomeca U.S.A. FTZ No. 62 Brownsville Brownsville/Los Grantee/Operator: Brownsville Navigation Indios District 1000 Foust Road, Brownsville, TX 78521 Jo Lynne Saban (956) 831-4592 Fax (956) 831-5353 FTZ No. 68 EI Paso EI Paso Grantee: City of EI Paso 501 George Perry, Suite i, EI Paso, TX 79906 Jose Quinonez (915) 771-6016 Fax (915) 772-2491 Quinonezji@elpasotexas.gov www.elpasotexas.gov/ftz FTZ No. 80 San Antonio 80A Bausch & Lomb San Antonio Grantee: City of San Antonio Economic 80B Colin Medical Instruments Development Department 80C Friedrich Air Conditioning P.O. Box 839966, San Antonio, TX 78283 800 R. G. Barry Carmelina Davis (210) 207-6529 Fax (210) 207-8151 carmelinad@sanantonio.gov www.saftz.com ~ FTZ No. 84 Harris County 84C DuPont Houston Grantee: Port of Houston Authority 84E Gulf Coast Maritime 111 East Loop North 84F Valero Refining Houston, TX 77029 84H Shaffer, Inc. Jack Beasley (713) 670-2604 841 Tuboscope Vetco Int'I Fax (713) 670-2564 84J Shell Oil Co. 84K Dril-Quip 84L Tadiran Microwave Networks 84M Hydril 84N Crown Central Petroleum 800 EXXON Mobil 84P Lyondell-CITGO 84Q Equistar Chemicals 84R Michelin North America, Inc. FTZ No. 94 Laredo Laredo Operator: Laredo International Airport Operator of Foreign-Trade Zone No. 94 5210 Bob Bullock Loop, Laredo, TX 78041 http://ia.i ta. doc. gOY /ftzpage/l etters/ftzlist.html 11/18/2005 List of Foreign-Trade Zones by State Page 2 of 4 Humberto Garza (956) 795-2000 I I Fax (956) 795-2572 Grantee: City of Laredo FTZ No. 95 Starr County Rio Grande Grantee/Operator: Starr County Industrial City Foundation P.O. Box 502, Rio Grande City, TX 78582 Hector Soliz (956) 487-2709 Fax (956) 716-8560 FTZ No. 96 Eagle Pass Eagle Pass Operator: Maverick Co. Dev. Corp. P.O. Box 3693, Eagle Pass, TX 78853 Marga Baker (830) 773-6166 Fax (830) 773-6287 Grantee: City of Eagle Pass FTZ No. 113 Ellis County Dallas/Fort Operator: Trade Zone Operations, Inc. Worth 1500 North Service Road, Highway 67 Midlothian, TX 76065 Mark Nichols (800) 235-7378 Fax (949) 706-7994 Grantee: Midlothian Trade Zone Corporation FTZ No. 115 Beaumont 115A Bethlehem Steel Port Arthur Grantee: Foreign-Trade Zone of 115B EXXON Mobil Southeast Texas, Inc. P.O. Drawer 2297, Beaumont, TX 77704 David C. Fisher (409) 835-5367 Fax (409) 835-0512 FTZ No. 116 Port Arthur 116A Motiva Enterprises Port Arthur Grantee: Foreign-Trade Zone of 116B ATOFINA Southeast Texas, Inc. 116C Premcor Refining Group P.O. Drawer 2297, Beaumont, TX 77704 1160 US DoE Strategic David C. Fisher (409) 835-5367 Petroleum Reserve Fax (409) 835-0512 FTZ No. 117 Orange Port Arthur Grantee: Foreign-Trade Zone of Southeast Texas, Inc. P.O. Drawer 2297, Beaumont, TX 77704 David C. Fisher (409) 835-5367 Fax (409) 835-0512 FTZ No. 122 Corpus Christi 122C Trigeant, Ltd. Corpus Christi Grantee/Operator: Port of Corpus Christi 1220 Baker's Port Authority 122E Berry Contracting 222 Power Street, P.O. Box 1541 122H TOR Minerals Intl Corpus Christi, TX 78403 1221 Citgo Refining & Hilda Boyce (361) 885-6187 Chemicals Fax (361) 882-7110 122J Valero Refining Co. 122K Sherwin Alumina Co. 122L Flint Hills Resources LLC 122M Valero Three Rivers Refinery 122N Equistar Chemicals 1220 International Resistive Company 122P Kiewit Offshore Services FTZ No. 149 Freeport 149A BASF Freeport Grantee: Port of Freeport 149B DSM Nutritional Brazos River Harbor Navigation District Products, Inc. P.O. Box 615, Freeport, TX 77542-0615 149C ConocoPhillips Phyllis Saathoff (979) 233-2667 x4258 1490 Seaway Crude Pipeline Fax (979) 233-5625 149E BP Products North America http://ia.i ta. doc. gOY /ftzp age/letters/ ftzlist.html 11/1812005 List of Foreign- Trade Zones by State Page 3 of4 149F Equistar Chemicals 149G Dow Chemical FTZ No. 150 EI Paso EI Paso Grantee: Westport Economic Development Corporation 1865 Northwestern Dr., EI Paso, TX 79912 Brent Harris (915) 877-4300 FTZ No. 155 CalhounNictoria Counties 155C Alcoa Port Lavaca- Grantee: Calhoun-Victoria Foreign-Trade Point Comfort Zone, Inc. P.O. Drawer 397, Point Comfort, TX 77978 Robert Van Borssum (361 ) 987-2813 Fax (361) 987-2189 FTZ No. 156 Weslaco Progreso Grantee: City of Weslaco 500 South Kansas, Weslaco, TX 78596 Bernard Rodriguez (956) 447-3401 Fax (956) 973-3128 FTZ No. 165 Midland 165A ConocoPhillips Midland Grantee: City of Midland c/o Midland International Airport 9506 Laforce Blvd., P.O. Box 60305, Midland, TX 79711 Tommy Martin (432) 560-2200 Fax (432) 560-2237 FTZ No. 168 Dallas/Fort Worth 168A B&F Systems Dallas/Fort Operator: Foreign Trade Zone Operating 168B Ultrak Worth Co. of Texas P.O. Box 742916, Dallas, TX 75374-2916 (Ms.) Lou Thomas (972) 915-0083 Fax (972) 929-7228 Grantee: Metroplex International Trade Development Corporation FTZ No. 171 Liberty County Houston Grantee: Liberty County Economic Development Corporation Foreign-Trade Zone 171 P.O. Box 857, Liberty, TX 77575 John Hebert (936) 336-7311 Fax (936) 336-9285 FTZ No. 183 Austin 183A Dell Computer Austin Grantee: Foreign Trade Zone of Central Corporation Texas, Inc. City of Round Rock 301 W. Bagdad Ave. # 210 Round Rock, TX 78664-5835 Joe Vining (512) 218-5420 Fax (512) 218-3286 FTZ No. 196 Fort Worth Dallas/Fort Grantee: Alliance Corridor, Inc. Worth c/o Hillwood Development Corporation 13600 Heritage Pkwy., Suite 200 Fort Worth, TX 76177 Tom Harris (817) 224-6008 Fax (817)224-6060 FTZ No. 199 Texas City 199A BP Products North Houston Grantee: Texas City Foreign-Trade Zone America Corporation 199B Marathon Petroleum P.O. Box 2608, Texas City, TX 77592 Company LLC Doug Hoover (409) 643-5927 199C Valero Refining Fax (409) 942-1073 199D Seaway Crude Pipeline Co. http://ia. ita. doc. gOY / ftzpage/l etters/ftzlist.html 11/18/2005 . List of Foreign-Trade Zones by State Page 4 of 4 I II 1I199E ISP Technologies II I D FTZ No. 234 Gregg County 234A Eubank Manufacturing Shreveport- Grantee: Gregg County, Texas Enterprises, Inc. Bossier City 269 Terminal Circle, Longview, TX 75603 234B Letourneau, Inc. Shelby Keys (903) 643-3031 Fax (903)643-7371 FTZ No. 246 Waco Dallas/Fort Grantee: City of Waco, Texas Worth c/o Economic Development Division Greater Waco Chamber of Commerce 900 Washington Avenue, Suite 501 Waco, TX 76701 Sarah Roberts (254) 296-0405 Fax (254) 296-2505 FTZ No. 251 Edinburg Hidalgo/Pharr Grantee: City of Edinburg 210 W. Mcintyre Street, P.O. Box 1079 Edinburg, TX 78540-1079 John Milford (956) 383-5661 Fax (956) 383-7111 FTZ No. 252 Amarillo Amarillo Grantee: City of Amarillo clo Amarillo Economic Development Corporation Bank One Center, Suite 1503, 600 South Tyler Amarillo, TX 79101 Alan Taylor (806) 378-3012 Fax (806) 378-9394 FTZ No. 258 Bowie County Shreveport- Grantee: Red River Redevelopment Bossier City Authority 107 Chapel Lane, New Boston, TX 75570 Duane E. Lavery (903) 223-9841; Fax (903) 223-8742 FTZ No. 260 Lubbock Lubbock Grantee: City of Lubbock Lubbock International Airport Reese Technology Center 5401 North Martin Luther King Boulevard Lubbock, TX 79403 Warren Warner (806) 775-2048 Fax (806) 775-3133 FTZ No. 265 Conroe (Montgomery Houston County) Grantee: City of Con roe 300 W. Davis Street, Conroe, TX 77305 ITommy Metcalf (936) 539-4431 http://ia.i ta. doc. gOY Iftzpagell etters/ftzlist.html 11/1812005 "'$ ,'; },l ".,.....;"s2.~"';;3,::.';:'~ I . ". .'.1 \ 'r.-. ,. t>.~ .".....-. ::~ j . ~ a t .:l,~ " I "':_~:-}dc';) ",n '~',~' i '.'.:~:~Jil\~'<)of!;~~!.......i' . .~ ,10 :t ~ HDUSJ;iJ~HRDNIClE . ... '~'7 .=', 't':~:,~,", '-' .".~ "'f~}, . , . ~~ ~;"1~... 'f;1i,..'.:. . - . . : : :.. ~. ';' .?~.", -.:-",:~,~, 'i.:~:i~ -; ~. i .\ '; y' . ". , .~ '}'.,;. ~. ;. . . ;...... ~~.1.~~~"""1;t'1.. .. "imilllU 1S$eW!l!J.. . r.'" .. .dSUI ~!!~L_._r.t.!9~... ....",.f:.,. ..,.~ ."."'....,.~_111,f....r. """'.." ""f 'I . "",..,... ~. " ;:~Iei]~~~q'~:=.;r , , J! ,.,:~.tl,::' ~' , ..,;....,...(JlI!6$l>>.\I!U!!!II)v.t~ . . H ( i<. ;j. ..,~;" " I; ,. . F:bill~~Wti' , .,',..., ";!~'{4' f~~~~~, l~";"rem alES' ",' .,J :"'. ,. - ~.,.. f '",.' ri r ~...~ ,;'"", ~:: · -",. ;.. ':;.>~rl' ~ . ..:.~'J,.t<_: '..'. ;:~....~,.!., ~'... I "<<1J~ ;~,~...:.. ,:~.fk:..;~;;::':.'.".1 ".'J' . ~'r~~~~~;~;~~~~i~~'~1~";,;,i,;,:,' . , reP~g tbe ploffibfu.g'ev~htWilly beqjme a btiideti:t~tel~10hg', ,": 'k mUt~d~ ofup~h;J~~p~e~t hOq1es set ~ch~ beatl~fii::~', .),:y ~~~~~~~::~~~'};,:j , ;5.?i:~Wg.: coininti,i1ity;Of fr,iendswho shaie);our mterests. At 11ie T~e" "~,~ ""W:~';takec~.o/ "u:take2~~,' '''',I: . ,.." , I yo '~"JfJ , ~ ~~..' ~.', :.",Ifit,i',",':'i ,':.:~,' ,- . f :,.:. --i. t ~.~ .:::r "'; -sA". ,1;':~, " .""'~,. 1 ", j: ,. '-j.;: :;,:":;f ,.,,.. }, "\. .' ~ ;t.",.;, ( r.Houst~)llChronicle.com - Harris County challenges Shell Oil's tax break lawsuit Page 1 of2 fih:[ocel~ {j=tJclo.l6vL HoustonChronicle.com -- http://www.HoustonChronicle.comISection: Houston & Texas Feb. 7, 2006, 11:50PM County challenges Shell Oil's tax break lawsuit Officials dispute firm's claim that fees were unfair By BILL MURPHY Copyright 2006 Houston Chronicle A county official assailed Shell Oil Co. on Tuesday for suing to avoid paying $2 million annually in county taxes on its local inventory . Commissioners Court authorized the county attorney's office to seek to intervene in Shell's lawsuit to try to prevent the tax relief. ADVERTISEMENT "~ll Oil doesn't think they have to pay taxes," Commissioner ~. ,e Radack said. "We have hospital district costs going up, and we have all kinds of costs going up. We expect more from our corporate citizens like Shell." In 2004, Shell sued the Harris County Appraisal District, looking to revisit a 1993 agreement requiring it to pay county taxes on oil and other inventory in a foreign trade zone at its Deer Park complex. It is this suit that the county now will try to enter. Shell spokeswoman Destin Singleton wrote in an e-mail, "Shell has always paid its share of taxes. In 2005, Shell and related companies paid more than $50 million in property taxes to Harris County and other taxing jurisdictions within Harris County." Shell paid the taxes at the center of the court dispute and is arguing that it should receive a refund because the assessments were "unfairly applied and unlawful," Singleton wrote. Shell received a county tax bill of $1.5 million on its $300 million inventory in the zone two years ago. Its bill rose to about $2 million last year, County Judge Robert Eckels said. The trade zone was created in 1993 after the county sponsored Shell's application for the zone in exchange for the company's commitment to pay county taxes on inventory within it. The sponsorship was needed to get federal approval f(- zone, which provides certain tax breaks to trade-related activity and property. As a matter of policy, the county has protected its tax base by declining to sponsor applications for fIrms that won't agree to pay county taxes on inventory. http://www.chron.comlcs/CDA/printstory.mpllheadline/metro/3643551 2/912006 HoustonChronicle.com - Harris County challenges Shell Oil's tax break lawsuit Page 2 of ~ . . r The city of Deer Park and the Deer Park Independent School District do not receive tax payments on such inventory. The agreement with Shell was to stay in place as long as the county did not let competing oil fIrms avoid paying taxes ""'-';nventory in foreign trade zones created after Shell's pact, Harris County Appraisal District Chief Appraiser Jim L Jinson has said. Shell argues that a competitor, Valero, is not paying county taxes on its foreign trade zone inventory, Eckels said. The appraisal district contends that the agreement allowing Valero not to pay taxes on its inventory predates the Shell pact, Robinson said. That agreement was in place before Valero bought the property and, as a matter oflaw, remains intact after a sale, Robinson said. The lawsuit "is just a blatant abrogation by Shell on the agreement that they made," he said. "I don't object to a company making money. But I think they are acting in bad faith on this." bill. murphv@chron.com HoustonChronicle.com -- http://www.HoustonChronic1e.comISection: Houston & Texas This article is: http://www.chron.com/disp/story .mpl/headline/metro/3643551.html http://www.chron.com/cs/CDAlprintstory .mpl/headline/metro/3 643551 2/9/2006 '. "~".-'" .,....u.. ,'< "-,,:' . .: ~ :'~,_::::~ ::"",;- .",~'..-:. :, '\.- .-:",;'-,.,':;.-.-' ,'.... :..:....-.".-; r " " .. ;"';'1;' ';. . ',,': t.. ;:," ;.,..;",'J. :.: .... :;." -':' ., .p.~:~,: ;;"":;;:-'; ~~'"'~1Ji'. ". :'.n ".t.'l '.',.-. ..... Z""3" ", ','. ~ ','" /' :".'" .'. i_ .-, - ,.;.' L" ! ,.;i! ,-i'.;;X''-:"V'"'-':i;.''''' "~-j!"":'~"~";~~l';'\.;"#';;f.: ""::';'i_ " "",:,;.,1 ..~.,.I; ',',r.,I..". "l;.l(~~,~"l~.,-" - ;--';i',,,, ''--.. , . '~'"........, .'"-ll"~~.... - "~':____ ;:~. .,:"', .:, - ,:,,:":;h.~':-, ::';*d-::~;3(-:,~'\'~:(!,:Pj;,i'?~\::~j~>:i.<,~.,~!~::~i1t:~;,<;i~.\}*r'tf~r~Jt~\/,~,.~"::~"-,,,?:"{',i!:~~<; ';i~~'~'1\Ni/i>-:>~)-)~~'~:, ;:";!,,::r:H;-;;!.'i-~ )'/''''{:!~:;:, . :- '\:, . .,/'" ' ,. " i'~i~,t"'l!i[~'~;(f: ,~ , ,...tft;,~~; o~'ttade,zone':plari1 :~,~iJ~~~~if1~;,~~t~1~lf~i!~;~t .!,~;" (,7',,';, \.",r, . " ,'" ";'''~'~-;O~~:~:d thenre,m ~j . ."""..'.,."., ",.; ,>pos<!1f,woulda1loV(,bus~n,ess on~t tnfl w th b'aol11 out o.fthe bath water fhefacilitielitodifferentfirms"l 'sultagal9-s~'.cQunty' de~Yn~~~ithover&ea~"~rade?t .,' ':.~" "", ';0 '- ~,: ,"':;' ." 'J.' . 'It would be more attractive :d)uld'si.n~:de'al :, ".',~~t~p:sp:opit1PeerPark;and:~9i . " ar;eiill:f!.:p.ote.f1:\~i41~ situation to 'get 'a" rather. to' incomingbusiness~.s if 10.ca1; ,,;'A', .,<,,\,~,),;; ,. ,. !'.,! :1?aylg,tt,1,:t~7~:,on thelrp.r9~~., , ." e"liusin"e~s"~r6p:osition in Deer Park." , taxeS were 'exempt, said Stev<< '~':". " ". ""/' ,,'\, '<' J ";~,:.:; ucts;'!4>'1 .:",,\;. '7<~:;',;~<',,,,,,,, .",>' 'i '..., '~~hellenberg, vice president'of. , " ."" "'" ..' . ,. ,. ,.",. "". '." "0, ',' -Dc:.NTON MCDUGLE, business devl',Jlopment at. IM~l " Jly HEAtHER ~:NICHOLSON "~solifewaryof Plan!! ',,~,\"; ",'i~:~:!:/(~'i/,~l;'jf;';,' ,..",'~' ':. Deer Park cltyCoul1cil Worldwide. " . . ,', 11 , C H iO~,1 C L E c~.~~~;~r ?N,,~~~~:';;iJ'\i;~':'::~JFt~~.'t1t~~hegintii~g,;i;:~b$~'\~;',~::;.t~~;*~:i~:;,t;:r.;\;;;~,;~':,;;,: ' "':" .. : . , .:, . ;;:,-1aWs ' 'etween"".;.~ouncl1fnienibersweiew~;.,;ip , , ," . ( . AttraCtion for Importers ''; ,d)la .,c6unty;"::'~p4nf~d'J:w;\f "ft$rf~i,'7;"';; 'tieec1:totakEtmoreiime to,,.see: .' '''I'c11iketo set'some of the ;,;hastl;ie :cite~r,~~t,~~g~~1if1g;::}atii1:;!1ei 'wha{ie1fiactiy we,c~ cio to ~- mystery about foreign trade .;' )~sqtteatpls.". rgtaj:;ltitig;h1bfe'~'.;:;!he;co' ..,0 ...... , '. " derstaM more about the hnpact zonellto ,res't. Importers ,whd ; \for.eign.trade;.zones;';';"';':.,:,,:':;>:.';,'citYI:~;W:~trie~:'):b;!'"\,, . f' ...... 'gtl-trat{e.zone ofaforeign trade zone, not only ',look atHouston se~this as a I;i~ ::,:/ 1'heH:':e1:l/'7:"ariiiotincel:petitl.~".,,;;<.t#ili:lkt1ied~cisiO' ". .... ..'. ,.15e'amaj',,:'s~etfofi::btnpa' ,<;>n us but businesses, too," said.sirablelocatipn," Schellenbe.rg tha(!~hell:wants tore~c~d}~s"to:maK~wo~l~be;\~lot:~~~~~c~'if~;:';:~~~';~~inFe'.;it/.pi9vid,e~r(~~ftain " Deer ;)~ark City Manager.' Ron, said.' , ' ,. ','. . ~ con~ract...to ,p,ay $2'mi11ion~m ,tthl~.Shell thlng:M'a;$n'tgo~ngQniin:~ed~r~1'a11diJocaltax'b ',."on Crabtree; , .. ' ., "..'~We're asking Jor some~ . talcesto. tneHarris'C.ounty'Ap.'We 'sti1lgotsc>1rte.:hOh1.e:w.6r1G,~6,;\'::t:tie1r,;"ititpQhed.':artct' . f:ted ~lay D~yelopment has ap" ,./wherebehv(;len"zero:to lo0'perJ .' pra1sal Di~tri~~i:is~h~vingsOine ,.do{;on,this,;'one;~i\~~~id:;D~~~~~ark.'.."pio.pt ;' '. "';:L.~i~:.; "; ','-:~.,;:, :,~: ..' ,proached both Deerpark,an4,Lac.e!1t.of (taX)exetription," pi l!t~pactQn, ~net~er,1?ee~,pa~!t,:,M<J,yor:WaY;11e Ridd,l~,~:":,.,,,,';' " " '-'~;~~i~~..te": > ~~s.:. P,'?rte, iibout' the,:new .f<?rel~n'sa1di'-, ',": '. ." / , wl11createa fOl'e~gntrade'zone ,\ ,'pThe $hell:',.refin,-eO';. :1n/De . '. '. .... / O~{gra.nft~:. ;Po , trade zone agreement; Both C1t- \ '.' Schellenberg "said 'La. Port~ for,ClayDevelopni~nt..&:.Con'. P~rk's'industrialdi~trictllp~rt' '. as;jriVay;tb"~'l!ot~c . 'ax ' !,~es,.are, in.prelitninary discus-:.lndepende1:ltSchoolJ)istric~ suIting !l1c./ cityoffi~ialssaid. ' " ofa199~ JQfe,igtl:;;.trade';ZQl;le; :i,:b,as~,.,';:, ,:;':*\;~ ;) :.' D\i' " .,: ~:; .i' ...~iQns., :' ' . " .' ..has,already agreedto.give a '70 , Deer Park city officials began agreement,,';. ' ,;: ;'~:,,' .. ;<~: ;~;;:;t{;j1Jt.;'W:iiy>J)eW,'orth;: further, , ;:~laY"is:hQping 'to . Quild ;: a. ' p~r~eut. tax ,exemption in sup- discussing th~ idea of a foreign Under that agreemen~, the .'. ;Cp'~siderati9i:i. We probably ,;JOO,OOO, to 200,000 square- ' '!,l~(/.sese,ePACT,Page 5 ,.~ ,~.,~~~' ;~',~'<.\i.Y'.:.:"l" ,-:,:;:""'~;:~.~\1"'~:l",',~, ~:'~~1'1"<'~i.~' ~;~'-f~~~"',,'~;~,. _ : ....;'{t.' f;,.,_~Z,);7t:j"~"~.P~',\-~!:.~':~.-'I.'.',~.,',~,.~".,'".:.....~:"...' ';xri1;:".i~--t/..~::.~._;,,;-,.-,,, '. ~., ,.,:,' '~'li":'-:.;,:,':,,:''''J-,,'t;. ''-'''' ,..!o: 1; ,.:.. ,~ '. ',','1 :~." -.:~;:r}C-~;'+/~~Y'\:.:.,j;~,\:.I;!/,:',.~:~~~\~, ~ ~ ,J :I:?', ~;'.:";';.'-: :I("k:::.y:T .o~~.,;:T ,~f{,E'I,R~\:':;S}U'::~~:G;~E1i~;~};s:' .c; ...": . ,.\,~~,~"~~_--.::-','__;:'.,-!',::',:-~.:__.'_~:' .'__,;" l",.:,f;:~\ ,,'~:);~. ::~''''~:,;,.:,:''-'' >':__~""_\'~", "',,; ;)',::\'~','.:.-.~',.',:.;'j'-'~'~':~J.': ,~..t: .,.J, "..r. .' .....'.',..;.' .......,. .~' . ........ ,...' '.' .:...,".... . ,~. ..~.,._,....r_. ". . .',' .",' .' r.~t .' ....... - ~.- ':- . y I ' .\ ! I I L Ii !\ II I' :1 :1 i I I il I 1 I I ThUrsday, February 16, 2006 NEIG~ORHOODNEWS ;,. .....^ ~,-... -PACT: Deer :park council . TAX: Bay town ponders ~u1ls trade pl~~lwr forfundingpul;)lie;sa CONTlNU~ FROM P~~E 1 ~i ,{, $104 million m r~venue. ~0.tl1~ . . pO}i: of ~~~,:.zo.n~~Jb\1t adnM~~~) ,PtYl .X\ ) {,:;~,.r~S'>: \y,::Y . .' tnat HafusCountyhas denietl!.~fl~iU~at; we have:;With'iShell' ;~tm~U~j~()~~GEt; .... ',' . 'f,"; cow4.p~.p1,1tt()<l;:y~~o/.qf~ses, '. als(): ~~~:ot~~i~~o;~~~(~~~:~J.,~. ~~~~~~:b:~~~~~;~aj~~: 'W~":'h" \> ~~,""fi...."I....'.~..,......"e......~.:.2.'~e:".~arf~...~.un"b':';U:~.'d' ~.;":~~ri!~~;JH~~~f4~;~~~;;iZt~b~ ;.,:,i<I1~:(:;9,W:l.tYi:;'d,i)ly :~4"P5 :r:':2.~(ra~~~'i~_ $1.{mmi.9pat ',abo . Y J. '.' Jones. sat. .~\t.lj.,..~!,if;!lP.pr~.y,~a." .......'.}o... all.... PJ(jrtslor~fgn' "'ti.aCiezOIfes"iftlleyrlsk'Wiih'thenegotianoii oftlfu ,g.-e z. l'P b' ." f th 10 ' . '. .' get to tax all the prod1,1cts in a contract,'~ he said.ti9~'~' .J;:~tJi~t:M:di~~ oki~~~:~;~-~'th~~~~;~~;f:i:~~~ foreigI},Jr;l~~~opet,h,~"s~4;:.l . C9UP,c~?,ask~d;&fheAeiib~I? ~~~~ .... '" tric~.woUldbe'us~d'p1'i.iheiti@t} '.tl1eb ~~i~~ e~~1i ~~i,.~ fJ}J,I.'i~a counciliriembers' concerns.'; , rescind -year$ from now, ) 'new'ttfef'i'ht ftainifi'build-, added t6 '~aYt~'s t'vVQ:pet;Son . :. it :wOl ilm. . Ch' I . G' '. 'nvl' h' b. bl' .~. ".c" .".",g.,.". ....,.. g... crew" that"'e"-;;'l:o~rces 's'" ".,. ,.' , .....',.. ..,..counc'an. ares'arn- . wlt1lle :09!.e,w.g !I,.e ~o,1Ilg{. gU1pment,am-. ",u~I. . ~ ~. was }.>nte, again)l.J,e.mbst read tl1e..arrante~entf'(be~; ;p'til;Jf1, .inii:>tQve4commu-. poi-tati<>:n, ':r~gul~ti6 ",p skeptical to gr~ta190.p~t:C~nt ~en Shell' and the countY) 1: }lic~HO".",..litioIQgy."~"., ..'i' . said. 'to~ tax~eXe,iript'ed,' foiirgp-"~'#~<1e am on the cautiqusside to giv-' ~,:'~a~:licw.tri~;sj,lrOi>o$edfiv~- one z;one~ " .,.i, " ,/ . '\1 . '( ': ;:, ;,,;",',,, ing artr:ti1 tOn:i.1nent on that, ,;. :t~.,~y~~t:,,i$;.,$.~~ 7,5 . Jl1ill.ion, . , '!'Tome, it doesn't sound like..'YbiCh":~,()fP.d'1?~ fy~d~d' by an rtO~.~ :ct. :t'.'ISY'. ""tlthh':.'e'COfu'tu:re'~""."O:."f:'~~.}".~?" ;~Ws.in the best ,interest. to the ~ac@itiohlit;~/8~cent sales tufoi" ......\..:..:...,..~:.......................,.:...::...;;;,.:.al.:.'.,'M,.~..:.'....~',.'A.~.".:'w'.'.'.y",','...'......,.....':.:....~.~...;...~.........:. WUA uws partiesirtvolved/'hesaid..(',' "~ich'.'; 'Jtappt()vedbyvot-' tio~",office', iather'~.' .. vu b.e-s;~: <<ThecOUntYlitiihcier . Councilman :Denton.McDu- ,'#~~'\:';'L;::(-i:":"'.X, ,'. ., equipmi#J,tti~,e,~r:.";"~,:, :6nt with Shell sayi.1:igtheygle... voiCed his support in the ~2':';Th~ . ;" 'o#ls ateschedtiled . "i "Thiswoli1d. elp'~' il4qul~.~~Y;it&~~=q4}a;"f~f~gnmatter. Hesaidhebelieves.Deer; ,:tQb~ disc&~~d.'ai'~/pub1ichear- 'Qurgiary()tV:elUci~s'~d . atii) :ra:de ~onti.:;iJ.;P~Y'Y~;:d.QI;le,;~at Park. . passirtg, O1i;,.th. e: to. r. 'e. Jgn. ! ;)iig.'ilt. 5'p. .in.".').~.e. ..l).....>~. :3 a....tl';...itY.Ha11~.. i.e.. .ii.,.'~ t. l.J,e...., c.W. "..e. (sa!d: ....... '. f#fu.,.. ".1,.~.", %th~~iy~~;~~eAt~#8Vf.;~~ell' tta~e'zone. woUld"e~sui~:,w.~~ :~~t:M:i~~t;~t1~::...' ,. .: 5; .,.' .',,, .. ~ve 1,1~)nbfet1e~'-ii1iti;~i ~; ~'. cOl:1testing:t1;i.e,:?agryl(.m.l~p:t. .b~sJ?e~es flock to...~t4~nf1ti~~:"';i'J~t!J1~~n~9fJl1~,1;i.e.artngi1;be . .... :Mil!9r'C<il:ytn. ~;!:t.", tl1ey ctie trYirlg'toget'put Of that 'willing to grant ~uch ~ exelAP- J>t;OP2.s3J~~~~e ~ e'Fpected to be satd U,i~t '<l1tPotighhe 'pre~o, " ,/ ;~:i" 'X' ..,. ~eement. , '. tions..,,' .. _"."", . vo~e4;op ~y ~ach'diS~ct's tem- had dOl1bts.aboutpa~('SN-ai;.;.";PistJ:iJ . ,<<It woUld appear the attitlIde '."Don't throw thebabyo~t'Ofj porai'y' :1?p~dj' " City, Manager . ries with'fundingoflimite(J.,du,;;'},.c1QP~ iheUhadHewyears~ohasto-the;bathiWater,'We#e'iJ:1apo:-, GaryJacksons.aiq.';.,' '. ..', ra#o~;he1ikeiIthe-i>r()~bsaHQt;:;?f.i;i\'~ :aUychangedl' (;aiTi~()if s~d.. te~tiat sit~tion to get ~).a~h~~. ,TliePi!y" G~tih~iJ if'servin~. .1Qextraoffi~~s, "~'i;;~H,<':}:~;J;i1~;';~.,a\1>trj.5 , Shell has stated pUQliclythatlarge,,,busmess.: propoSltion'Ul :~s ,:each, .distnct~s temporary . . <<I'm proll(J,qf tllis'Pl.'OP5>SaJ.,1/,years; tie" reason it wants a refund ph Deer:Park/'.McDt1gle said. .' :' '~;lJpaJ:d.The~ounci1 wi11appoint:~ the maYQr-siii4: "I ~~~, "",.ejq)iie is county tax payntents is';be- AWl' "n-winsitliation. '. "~eparateii>~rmatlentboards fdt . si'otapproa9l.iisv3Ji4.!fl}:,,;t. .,-,"~qters :ausea competitor/'Valero/.is '., .. ," ...; ;theiiw9/cIi~tricts if voters ap~ . CoUti~ Rojpiie'An4er~"?::"Bej :f.~mp~. Ho~ver,;V~ero'sfot~. ...' 'fThe way, I continue to look :p:roVe's;U~s,tiiXincreases to fund 501:1, wb9.#1so voicei;1sHPPQttfof,,/'CQntrc :lgp trade. agreement was estilb- at this is it has got~o pe a wjh-' .lhe ~f~<1~~\': i. : ;: ,,;:;,,). ;.. .'. th~,:'prQP9~a1) .said,:ll~';;tP~~t~;. t~ in isl1ed before Shell's~.. . ;,< . , 'Win situation for us. 'We cali still . , .;PtoPQ~a1s' 'fO' create the . two ';p~ of tl1e~e,cQllJr61i:listri,cf:" mum Deer Park' \vi11 re-:exaniine tax; on land, machines,:build- .:'safeqr districtS'.Will be includ~ money ':S1l0@d .'go'tci~4.;."'<m ......: $1." '. ,i q~ir cu~ent?ione.agree.mentings..... the'only thing we're.giv- 'on,.t1:!-e May '13. ,triUnicipalelec- .' anti-gang~k}qice/ :f":J';~.""" ,:' (As' ~~;Shell.when' iteJ!:pires ihing up are itemsi.mporting artd.ti~riS.p~()t, if ipprqyedJ>yCity, '"It's~e~p:)l,ly,.1;leli~rror'[;ev- theIA ~007. . . . "'.' exportinginthe:..for.eigntrade :~B~d9l ~ its rol~,~te~porary ~1"a1 ~:l!~,!~~f~'re s.eemg~re; .' ~OO!'. 'n-Crabtree said Shell bring~ in . zone.'! "..' '.\ i \,~,U\:i" ~,. " '. ~ ....., surgence,W:"',gangacti:V1ty,' tax 101 ;., 'J" " ,. C ';;\l~"BY"lit!!:te law, the .revenue Ariderson~;ud~ ..... . "., .' , i ;,:t'iolifih~'t\voPrQpos~d districtscounciliIiaiiDon Mitrray,carol.( '"i)?: ~L'\~,r::.'-{;'.,~; . . ~ rancisco Guerra Jr. of South I many job fields. I I .' "-', r I Jeffrey Newcomb Jr. of , I ,Pasadena has joined the " ~ Navy through the Delayed: <. '. l" I . .. : Entry Program. He IS the" ,~~_, I son of Jeffrey Newcomb of .' I Pasadena and Terri O'Kelly ! ofIrvingion, Ala. He is . I attending his senior year ! at C.E. King High School.: '... : He is scheduled to attend ! bootcampatNav~Tr~g, S E Ii V:{ N,G~;'(i UR;:~OU'NfRY ,. , ~ :o.dyBlair, 17, OfLaPortchas ' Jinedthe U. S.Navytli1der';;\ he Delayed Entry Program; '. Ie- is !J;Ie. son of Reed and; '. ,;. 'her/ ~lair of LaPorte~ He is sei1i,,~ dt La Porte High' , ) chool and is schedUled to , ttend bOot. camp JuJ.y 13. After ootcamp he will receive lrther training to become an :" :Viation Oidanceman. ,..' . ;~t\\\\\\i\e a lesSon ationfor schools Chronicle suliscril Next time yotigoonval:,Cltion, conSider, to The ChronIcle's Ado,Pt-A.:class jllog schools to help teach a whole ran~ a out, your donation still covelS requeSt CaIl.713-220-721f 0"'1-888-220-7211. . The. " Chi ~, bOD "'- ~;,_.>':" im.:: -~ -'_~w -m:w