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Home My WebLink About2007-01-22 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council and Joint Meeting with the La Porte Development Corporation Minutes 5 A MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL January 22,2007 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6:00 p.m. Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Clausen, Mike Mosteit, Barry Beasley, Peter Griffiths, Howard Ebow, and Chuck Engelken. Members of Council Absent: Louis Rigby. Members of City Executive Staff and City Emplovees Present: Interim City Manager John Joerns, City Secretary Martha Gillett, Assistant City Attorney Clark Askins, Director of Public Works Steve Gillett, Controller Phyllis Rinehart, Assistant City Secretary Sharon Harris, Parks and Recreation Director Stephen Barr, Sergeant Matt Daumer, Human Resources Manager Robert Swanagan, Police Chief Richard Reff, EMS Chief Ray Nolen, Planning Director Wayne Sabo, Purchasing Manager Susan Kelley, Emergency Management Coordinator Jeff Suggs, Assistant to the City Manager Crystal Scott and a number of police officers and employees. Others Present: Sue Gail Kooken, Kathy Bradley, Russell Plank, Lauren Barr, Georgia Malone, Ann Malone, John Handy of Houston Chronicle, Pat Rothermel, Ed Matuszak, Trent Wise, Reverend Monette, Scott Bean, Larry Wall, Marion Jackson, Trey Boring, Don Casey, Freddie Doughty, Bene Cansino, Nina Garza, Javier Carmona, Mike Hayes, Zach Blood, Chris Lemmon, Trent Wise, Isam Johnson, Brian Adams, James Stark, George Molnar, Brian Larkey, Tim Count, Joyce Count, Hector Cardenas, Jill Jackson and other citizens. 2. Reverend Charles Monette ofSt. Mark's United Methodist Church delivered the Invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENTATIONS / PROCLAMATIONS There were no presentations or proclamations to be delivered. 5. Consent Agenda A. Consider approving minutes of the regular meeting, public hearing and workshop meeting held on January 8, 2007 and the minutes of the joint special called meeting of the La Porte Development Corporation Board of Directors and La Porte City Council held on January 8, 2007. B. Council to consider approval or other action amending Chapter 78 "Vehicles for Hire", and appendix A "Fees" of the Code of Ordinances. C. Council to consider award of bid #07009 for calcium hypochlorite briquettes. Regular Meeting, Public Hearing and Workshop Meeting - January 22, 2007 Page 2 D. Council to consider approval or other action regarding an ordinance amending fiscal year 2006-07 budget for $108,703 for implementation of the 3.25% across board increase for employees. E. Council to consider an ordinance calling the regular annual election of the City of La Porte, calling a Run-Off Election, if necessary, designating election precincts and polling places; providing for the use of voting machines, appointing election officials, providing for method and dates of early voting; providing for an early voting ballot board, providing for return and canvass of votes of said election, providing for notice, providing for filing deadline and filing fees for candidates. Items A, C and D were pulled for discussion. Motion was made by Council member Griffiths to approve the consent agenda items as presented with the exception of adding who made motions on item 9. Second by Council member Mosteit. Motion carried. Ayes: Mosteit, Griffiths, Beasley, Moser, Engelken, Ebow, Clausen, and Porter. Nays: None Abstain: None. Staff will research notes and make revisions to minutes. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX P AYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. Kathy Bradley appeared before City Council informing them of the Bay Area Fitness Challenge and requesting their participation. 7. Public Hearing - regarding the creation of a Public Improvement District and advisability of the improvements and supplemental services. Open Public Hearing - Mayor Porter opened the Public Hearing at 6:14 p.m. Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. Public Input: There were no citizens wishing to address Council. Recommendation of Staff - staff recommended approval of both Resolutions being presented. The Public Hearing was closed at 6: 18 p.m. 8. Council to consider approval of Resolution 2007-01 making findings in connection with the Proposed Public Improvement District Number One and Resolution 2007-02 authorizing the establishment of Public Improvement District Number One in the City of La Porte. Assistant City Attorney Clark Askins read: Resolution 2007-01- A RESOLUTION MAKING FINDINGS IN CONNECTION WITH THE PROPOSED LAKES AT FAIRMONT GREENS PUBLIC IMPROVEMENT DISTRICT, RELATED TO THE Regular Meeting, Public Hearing and Workshop Meeting - January 22, 2007 Page 3 ADVISABILITY OF THE IMPROVEMENTS, THE NATURE OF THE IMPROVEMENTS, THE ESTIMATED COST OF THE IMPROVEMENTS, THE BOUNDARIES OF THE PROPOSED DISTRICT, THE METHOD OF ASSESSMENT AND THE APPORTIONMENT OF COST BETWEEN THE DISTRICT AND THE CITY AS A WHOLE AND MAKING OTHER FINDINGS RELATED TO THE DISTRICT. Motion was made by Council member Beasley to approve Resolution 2007-01 as recommended. Second by Council member Griffiths. The motion carried. Ayes: Beasley, Griffiths, Mosteit, Engelken, Moser, Ebow, Clausen, and Mayor. Nays: None Abstain: None Assistant City Attorney Clark Askins read: Resolution 2007-02 - A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF THE LAKES AT FAIRMONT GREENS PUBLIC IMPROVEMENT DISTRICT IN THE CITY OF LA PORTE, TEXAS; AUTHORIZING PUBLICATION OF THIS RESOLUTION, PROVIDING FOR THE PREPARATION OF A SERVICE AND ASSESSMENT PLAN; AND MAKING OTHER PROVISIONS RELATED TO THE SUBJECT. Motion was made by Council member Clausen to approve Resolution 2007-02 as recommended. Second by Council member Ebow. The motion carried. Ayes: Beasley, Griffiths, Mosteit, Engelken, Moser, Ebow, Clausen, and Mayor. Nays: None Abstain: None 9. Consider approval or other action giving authorization for City of La Porte to consent to the assignment of right to reimbursement (PID) to 65 La Porte, Ltd., a Texas Limited Partnership, to First National Bank. Motion was made by Council member Ebow authorizin?: for City of La Porte to consent to the assignment of right to reimbursement (PID) to 65 La Porte. Ltd.. a Texas Limited Partnership. to First National Bank. Second by Council member Griffiths. The motion carried. Ayes: Beasley, Griffiths, Mosteit, Engelken, Moser, Ebow, Clausen and Mayor. Nays: None Abstain: None 10. Council to consider approval or other action regarding an ordinance renewing guidelines and criteria for tax abatement agreements and amending section 66-149 (A) of the Code of Ordinances of the City of La Porte to extend tax abatement guidelines for no more than a two year term. Assistant City Attorney Clark Askins read: Ordinance 2809-A - AN ORDINANCE OF THE CITY OF LA PORTE RENEWING GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS OF THE CITY OF LA PORTE, AS CODIFIED IN ARTICLE V "GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS BY THE CITY OF LA PORTE"" SECTION 66-140 THROUGH 66-151, Regular Meeting, Public Hearing and Workshop Meeting - January 22, 2007 Page 4 INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, FOR ADDITIONAL TWO YEAR PERIOD; AND, AMENDING ARTICLE V "GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS BY THE CITY OF LA PORTE", SECTION 66-149 "SUNSET PROVISION"" OF THE CODE OF ORDINANCES, REGARDING NEW TWO YEAR TERM, AND CODIFYING SAID RENEWAL; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Clausen authorizing an ordinance renewing the City's guidelines and criteria for tax abatements. Second by Griffiths. The motion carried. Ayes: Beasley, Griffiths, Mosteit, Engelken, Moser, Ebow, Clausen and Mayor. Nays: None Abstain: None 11. Mayor Porter requested the Council take Executive Item A out of order due consultants being present. Mayor Porter closed the regular meeting and opened the Executive Session at 6:26 p.m. Council returned to the table at 6:53 and no action was taken. Mayor Porter opened the workshop meeting at 6:54 p.m. The following items were discussed: A. Received report from Financial Advisor, Mark Nitcholas and directed staff to hold on the proposed Bond Referendum at this time. B. Discussed redrafting of the current agreement with the La Porte-Bay Area Heritage Society pertaining to future operations of the Sylvan Beach Depot. Council directed staff to bring back items to the pre-budget retreat and research all associated costs to be reviewed at that time. C. Russell Plank provided Council with an overview and discussed Foreign Trade Zone. Council directed staff to move forward and bring back an option to consider 25% local exemption of qualified inventory regarding approval of both Foreign Trade Zone exemption and tax abatement for one business. 12. Closed workshop meeting and re-convened regular meeting at 7:54 p.m. 13. Council considered appointing an Ad Hoc Committee for the proposed bond Referendum. This item was postponedfrom the November 6,2006, December 11,2006 and January 8, 2007 Meetings. Assistant City Attorney read: Ordinance 2007-2957 - AN ORDINANCE APPOINTING MEMBERS TO THE 2007 BOND REFERENDUM AD HOC REVIEW COMMITTEE OF THE CITY OF LA PORTE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Council member Clausen to table this item. Regular Meeting, Public Hearing and Workshop Meeting - January 22, 2007 Page 5 Second by Griffiths. The motion carried. Ayes: Mayor Porter, Griffiths, Beasley, Mosteit, Engelken, Ebow, Moser, and Clausen. Nays: None Abstain: None 14. Administrative Reports - Interim City Manager John Joems brought the following items to Council's attention: Port Crossing Groundbreaking January 23, 2007 at 11 :00 a.m.. In addition, he informed Mayor and Council he would have a schedule to them in the next two days with regards to the Human Resources schedule on the salary and benefits survey timeline. 15. COUNCIL COMMENTS - Griffiths, Ebow, Engelken, Mosteit, Clausen, Moser, Beasley and Porter 16. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551, SECTIONS 551.071 THROUGH 551.076, AND SECTIONS 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) A. SECTION - 551,072 (PROPERTY SALE OR EXCHANGE) MEET WITH INTERIM CITY MANAGER, CITY ATTORNEY, CITY CONSULT ANT;/ADVISOR, CONSUL TIVO CONSULTANTS AND LA PORTE DEVELOPMENT CORPORATION BOARD MEMBERS TO DISCUSS CITY/COUNTY HOTEL PROJECT) MEET WITH INTERIM CITY MANAGER, CITY ATTORNEY, CITY CONSULTANT/ADVISOR AND MAIN STREET COORDINATOR REGARDING PROPERTY SALE, LEASE OR EXCHANGE FOR MAIN STREET DEVELOPMENT B, SEC, 551.072- (PROPERTY OR SALE EXCHANGE) C, SECTION - 551,072 - (LAND ACQUISITION) MEET WITH INTERIM CITY MANAGER AND CITY ATTORNEY TO DISCUSS ONGOING ACQUISITION OF LAND FOR PARK USE D, SECTION - 551,072 (LAND ACQUISITION) MEET WITH INTERIM CITY MANAGER AND CITY ATTORNEY TO DISCUSS POTENTIAL LAND ACQUISITION FOR ECONOMIC DEVELOPMENT E, SECTION - 551,071 - (POTENTIAL OR PENDING LITIGATION) MEET WITH INTERIM CITY MANAGER, AND CITY ATTORNEY REGARDING A Regular Meeting, Public Hearing and Workshop Meeting - January 22, 2007 Page 6 PROPERTY LEASE AGREEMENT WITH TOM FLANAGAN SHIPPING LEASE F, SECTION - 551-074 - (PERSONNEL MATTER) MEET TO INTERVIEW CITY MANAGER CANDIDATE AND RECRUITING PROCESS FOR POSITION OF CITY MANAGER Mayor Porter noted item B was no longer needed. Council retired to Executive Session at 8:09 p.m. and returned to the Regular Meeting and reconvened at 10:00 p.m. 17 . CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken. 18. Council considered approval or other action regarding ordinance 2967 authorizing a lease agreement between the City of La Porte and Flanagan Shipping. There was no action taken on this item. 19. There being no further business to come before Council, the Regular Meeting was duly adjourned at 10:05 p.m. Respectfully submitted, { ./}yJ/J~.dr~ d ~ Mahh~A~<1lfiett, TRM~-: CMC City Secretary Passed and approv~. this 12th day of February 2007. ~ty~ Mayor Alton E. Porter c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 12, 2007 Requested By: Michael Dolby r Department: Finance Report: Resolution: Ordinance: xx Exhibits: Ordinance 2006-2918-D Exhibits: Excerpt from FY 2007 Adopted Budget & Amended Budget (Exhibit A & B) Source of Funds: N/ A Appropriation Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Exhibits: Explanations / Backup for Amendments SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2006-07 Budget on September 11,2006. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2006-07 Budget. (*denotes funds with current changes) Previously Original Budget Amended Budget General Fund Grant Fund Hotel/Motel Occupancy Tax Community Investment La Porte Development Corporation Tax Increment Reinvestment Zone Utility Sylvan Beach Airport La Porte Area Water Authority Golf Course Motor Pool Insurance Fund Technology Fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement 1998 General Obligation Bond Fund 2000 General Obligation Bond Fund 2005 Certificate of Obligation Bond Fund 2005 General Obligation Bond Fund 2006 Certificate of Obligation Bond Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service $ 28,245,299 347,491 454,346 138,000 832,180 36,720 6,798,512 208,360 190,248 1,631,110 1,193,500 1,457,154 4,376,091 1,289,149 402,950 1,230,000 330,000 6,000 170,000 675,000 459,400 260,000 2,798,294 494,328 760,700 $ 28,463,598 780,077 470,916 156,500 907,180 36,720 6,853,636 211,897 190,248 1,631,110 1,213,779 1,474,557 4,379,091 1,301,700 448,304 1,244,337 330,000 6,000 170,000 675,000 459,400 390,000 2,798,294 494,328 760,700 Proposed Amended Budget $ 28,463,598 832,027 * 470,916 156,500 907,180 36,720 6,853,636 211,897 190,248 1,631,110 1,213,779 1,474,557 4,379,091 1,301,700 448,304 1,244,337 330,000 6,000 170,000 675,000 459,400 390,000 2,798,294 494,328 760,700 Total of All Funds $ 55,899,322 $ 54,784,832 $ 55,847,372 Action Required bv Council: Adopt Ordinance Amending Fiscal Year 2006-07 Budget for the Grant Fund by $51,950. ($6,950 for the Community Development Block Grant Award and $45,000 for the funds from Bayou Country Housing Trust Fund.) A ~P? Date ORDINANCE NO. 2006-2918-0 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1,2006 THROUGH SEPTEMBER 30, 2007; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2006, through September 30, 2007, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 24, 2006, and a public hearing scheduled for September 11, 2006 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La Porte, Texas, for the period of October 1,2006, through September 30,2007. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the J9iI- day of F~~rt,l /:tv-II ,2007. / <f1ZY OF LA POft)EXAS UJr~. \ ~____ Alton Porter, Mayor ATTEST: '-1YI awlclv d. 44 Martha Gillett, City Secretary A~ ~~ ~rk skins, Assistant City Attorney EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds Working Working Capital FY 06-07 FY 06-07 Capital 09/30/06 Revenues Expenses 09/30/07 Governmental Fund Types: General Fund 9,634,199 28,163,288 28,245,299 9,552,188 Grant Fund 374,900 347,491 347,491 374,900 Hotel/Motel Occupancy Tax 336,927 334,500 454,346 217,081 Community Investment 634,075 180,809 138,000 676,884 Section 4B Sales Tax 3,788,056 1,340,886 832,180 4,296,762 Tax Increment Reinvestment 171,304 46,280 36,720 180,864 Total Governmental Types 14,939,461 30,413,254 30,054,036 15,298,679 Enterprise: Utility 42,176 7,503,541 6,798,512 747,205 Sylvan Beach 129,038 208,360 208,360 129,038 Airport 337,875 45,228 190,248 192;855 La Porte Area Water Authority 1,687,721 1,344,916 1,631,110 1,401,527 Golf Course (57,847) 1,193,500 1,193,500 (57,847) Total Enterprise 2,138,963 10,295,545 10,021,730 2,412,778 Internal Service Motor Pool 2,016,511 1,853,966 1,457,154 2,413,323 Insurance Fund 847,924 4,478,020 4,376,091 949,853 Technology Fund 869,776 1,051,699 1,289,149 632,326 Total Internal Service 3,734,211 7,383,685 7,122,394 3,995,502 Capital Improvement: General 290,392 245,000 402,950 132,442 Utility 1,722,152 644,070 1,230,000 1,136,222 Sewer Rehabilitation 31,400 315,000 330,000 16,400 1998 GO Bond Fund 6,000 6,000 2000 GO Bond Fund 174,607 170,000 4,607 2002 GO Bond Fund (23,621 ) 24,000 379 2004 C/O Bond Fund 1,268,081 50,000 1,318,081 2005 C/O Bond Fund 802,453 20,000 675,000 147,453 2005 GO Bond Fund 457,947 50,000 459,400 48,547 2006 C/O Bond Fund 161,903 100,000 260,000 1,903 2006 GO Bond Fund 4,000 12,000 16,000 Other Infrastructure 657,819 41,500 699,319 Total Capital Improvement 5,547,133 1,507,570 3,533,350 3,521,353 Debt Service: General 1,702,319 2,697,580 2,798,294 1,601,605 Utility 1,111,540 50,000 494,328 667,212 La Porte Area Water Authority 760,700 760,700 Total Debt Service 2,813,859 3,508,280 4,053,322 2,268,817 Total All Funds 29,173,627 53,108,334 54,784,832 27,497,129 . E ,IIBIT B (AMEN! ED BUDGET) Cit) 1,f La Porte Consolidated Summary of All Funds Working Working Capita] FY 06-07 FY 06-07 Capita] 09/30/06 Revenues Expenses 09/30/07 Governmenta] Fund Types: Genera] Fund 9,634,]99 28,]63,288 28,463,598 9,333,889 Grant Fund 374,900 832,027 832,027 374,900 HoteIIMote] Occupancy Tax 336,927 336,709 470,9]6 202,720 Community Investment 634,075 ]80,809 ]56,500 658,384 Section 4B Sales Tax 3,788,056 ] ,340,886 907,]80 4,22],762 Tax Increment Reinvestment ] 7],304 46,280 36,720 ] 80,864 Tota] Governmenta] Types ]4,939,46] 30,899,999 30,866,94 ] ] 4,972,5] 9 Enterprise: Utility 42,] 76 7,558,065 6,853,636 746,605 Sylvan Beach ]29,038 2] ],897 211,897 129,038 Airport 337,875 ,_ 45,228 ] 90,248 192,855 La Porte Area Water Authority 1,687,721 ],344,916 ],63 ],IlO ],40],527 Go]f Course (57,847 ) ],213,779 ],213,779 (57,847) Tota] Enterprise 2,138,963 ]0,373,885 10,]00,670 2,412,] 78 Interna] Service Motor Pool 2,0]6,5] ] ] ,871 ,369 1,474,557 2,413,323 Insurance Fund 847,924 4,481,020 4,379,091 949,853 Techno]ogy Fund 869,776 ],059,450 ],30],700 627,526 Total Interna] Service 3,734,2 II 7,41 ],839 7,]55,348 3,990,702 Capita] Improvement: Genera] 290,392 290,354 448,304 ] 32,442 Utility ],722,152 644,070 1,244,337 ],]21,885 Sewer Rehabilitation 31,400 315,000 330,000 ] 6,400 1998 GO Bond Fund 6,000 6,000 2000 GO Bond Fund ] 74,607 ] 70,000 4,607 2002 GO Bond Fund (23,621) 24,000 379 2004 C/O Bond Fund 1,268,081 50,000 ],318,08] 2005 C/O Bond Fund 802,453 . 20,000 675,000 147,453 2005 GO Bond Fund 457,947 50,000 459,400 48,547 2006 C/O Bond Fund 16],903 230,000 390,000 ],903 2006 GO Bond Fund 4,000 ]2,000 ]6,000 Other Infrastructure 657,8]9 4],500 699,3]9 Total Capita] Improvement 5,547,133 1,682,924 3,723,041 3,507,016 Debt Service: Genera] 1,702,319 2,697,580 2,798,294 1,601,605 Utility 1,111,540 50,000 494,328 667,212 La Porte Area Water Authority 760,700 760,700 Total Debt Service 2,813,859 3,508,280 4,053,322 2,268,817 Tota] All Funds 29,173,627 53,876,927 55,899,322 27,]5],232 F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februarv 12. 2007 ~ Appropriation Requested By: S Gillett Source of Funds: N/A Department: Publi<: WQrla Account Number: N/A Report: Resolution: Ordinance: x Amount Budgeted: N/ A Exhibits: Ordinance Amount Requested: NIl\. Exhibits: Table A Budgeted Item: N/A Exhibits SUMMARY & RECOMMENDATION Chapter 2 of the Code of Ordinances includes the administration of Public Works Contracts. Section 2- 106 establishes the prequalification of contractors for contracts over $300,000, and Section 2-108 establishes the dollar threshold for performance and payment bonds. Both sections need revision to increase the prequalification threshold and to bring the performance and payment bond requirements in line with current state law, Section 2-106 was codified in 1991. The original ordinance (Ord. 1476) was passed on October 28, 1985 to establish the prequalification of contractors for projects over $300,000. Since that time, the cost of construction projects has increased, mandating prequalification for more projects. The process of prequalification is costly for the city as well as contractors. Many contractors forgo bidding due to the need to prequalify. The attached Table A illustrates the effect of inflation on construction costs since 1985, using the U.S Army Corps of Engineers Index ($499,612) as well as the Consumer Price Index -All Urban Consumers - South ($551,446). It is recommended that Section 2-016 be amended to require prequalification for projects over $500,000. Section 2-108 requires performance bonds for projects in excess of$100,000. This requirement is in accordance with Chapter 2253.001 of the Texas Government Code, However, the City Attorney's office has interpreted Chapter 252.044 of the Texas Local Government Code to require a performance bond for projects in excess of $25,000. Section 2-108 A (1) should be amended to reflect this recommendation. Action Required bv Council: Approve an ordinance amending Section 2-106 and 2-108 of the Code of Ordinances. Approved for City Council Al!enda John Joerns, Interi c9;( ~7 (Date! ORDINANCE NO. 2007-J,. '1~f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 2, -ADMINISTRATIONn, ARTICLE III, nFINANCEn, DIVISION 2, npURCHASES AND CONTRACTsn, SUBDIVISION II, -PUBLIC WORKS CONTRACTS., BY AMENDING SECTIONS 2-106 AND 2-108 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, 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. Chapter 2, "Administration", Article III, "Finance", Division 2, "Purchases and Contracts", Subdivision II, "Public Works Contracts", section 2 -106, "Prequalifications for bidding; filing of contractor's statement", is hereby amended and shall hereafter read as follows, to-wit: "Sec. 2-106. Prequalifications for bidding, filing of contractor's statement. The city council has determined, and does hereby find, determine, and declare that it is in the best interest of the city that all contractors desiring to bid on the city construction projects, having an owner's estimated construction cost of greater than $500,000.00, must prequalify by filing a satisfactory contractor's statement, on the forms attached hereto, with the city manager or his designee no later than 30 days prior to the date bids are to be opened, if a contractor is to be eligible to bid. For projects with an owner's estimated construction cost of less than $500,000.00, contractors may have to prequalify, if such is determined by the city manager. In making such determination, the city manager shall review the city's past experience with projects of similar nature; the recommendation of the project architect /engineer which considers the complexity of the project; and the uniqueness or novelty of the anticipated project which may require a high degree of contractor specialization, technical expertise and/or previous experience on similar projects. Once a contractor has successfully prequalified, in order for them to remain prequalified, a new contractor's statement shall be filed with the city annually. The financial information contained in such contractor's statement is deemed confidential; shall not be disclosed by the city to the pUblic or to other contractors; and shall be deemed exempt from disclosure under the Open Records Act, V.T.C.A, Govern-" Section 2. Chapter 2, "Administration", Article III, "Finance", Division 2, "Purchases and Contracts", Subdivision II, "Public Works Contracts", Section 2-108, "Performance and payment bonds required", subparagraph (a) is hereby amended and shall hereafter read as follows, to-wit: "Sec. 2-108. Performance and payment bonds required. (a) Any public work contract with a prime contractor shall require the contractor, before beginning the work, to execute to the city: (1) A performance bond if the contract is in excess of $25,000.00; and (2) A payment bond if the contract is in excess of $25,000.00." "State law reference--Performance and payment bonds, public works contracts, Government Code ~2253. 001 et seq. ; Performance bonds for municipal public works contracts, Local Government Code ~252.044." Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective upon its passage and approval. PASSED AND APPROVED, this ____ day of , 2007. CITY OF LA PORTE ~u tI-e j i +(,1 f{1 Wid I') aJ meefi ~ By: Alton E. Porter Mayor 2 ATTEST: , ~~i~ pi) City Secretary AP~ r~ Clark T. Askins Assistant City Attorney 3 TABLE A EXAMPLE COMPUTATION FOR CONSTRUCTION COST U.S. ARMY CORP OF ENGINEERS INDEX CALCULATION Cost Index-Year A Cost Index-Year B X Cost in Year B X State Adjustment Factor = Current Cost Example: Date of proposed Project is 2007 (Cost index for Year A) - Cost index is 662.55 Project Cost in 1985 is $300,000 (Cost Index Year B) - Cost index is 346.12 State Adjustment Factor (Texas) - 0.87 662.55 346.12 X $300,000 X 0.87 = $499,612 CONSUMER PRICE INDEX (All Urban Consumers - South) Cost Index-Year A Cost Index-Year B X Cost in Year B = Current Cost Example: Date of proposed Project is 2007 (Cost index for Year A) - Cost index is 194.3 Project Cost in 1985 is $300,000 (Cost Index Year B) - Cost index is 105.7 194.3 105.7 X $300,000 = $551,446 H REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 02-12-07 Budl!et Requested By: Fire DeptlFire Prevention Source of Funds: Department: Ci~T CQUDcil Account Number: Report: Resolution: (X) With Ordinance: Local Amendment Amount Budgeted: Amount Requested: Exhibits: Letter from LPFD Budgeted Item: YES NO Exhibits: Letter from Fire Code Review Board Exhibits: Local Amendments Exhibits: I,etter from a local developer SUMMARY & RECOMMENDATION Consider adoption of International Fire Code (IFC) 2003 Edition with local amendments as recommended by the Fire Code Review Board, Fire Marshals Office and the Fire Department. This ordinance will be replacing Ord. No. 1388, ~ 1, 11-2-83; Ord. No. 1388A, ~ 1,8-12-91; Ord. No. 1388B, ~ 1,2-10-92; Ord. No. 1388C, ~ 1,8-8-94; Ord. No. 98-2221, ~ 1,2-9-98; Ord. No. 99-2221-A, ~ I, 12-13-99. o Recommendation from the ISO consultant after completion of his Mock 2006 ISO Grading and his list of suggested recommendations discussed at the City Council Workshop on October 23,2006. o Recommendation by the Fire Code Review Board at their meeting on III 7/07 to adopt 2003 IFC o LPFD & local developer recommendation to adopt 2003 IFC Action Reauired bv Council: Consider approval or other actions of ordinance adopting 2003 IFC with local amendments. A roved for Ci Date :f~7 John Joerns, Interim City / ORDINANCE NO. 1388-D AN ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING CHAPTER 38 "FIRE PREVENTION AND PROTECTION," ARTICLE III "STANDARDS", DIVISION 1 "GENERALL Y", SECTION 38-101 "FIRE CODE ADOPTED" BY ADOPTING THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE, TOGETHER WITH ALL LOCAL AMENDMENTS THERETO; 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 THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Chapter 38, "Fire Prevention and Protection", Article III "Standards", Division 1 "Generally, Section 38-101 "Fire Code Adopted", of the Code of Ordinances of the City of La Porte, is hereby amended and shall hereafter read as follows, to-wit: "Section 38-101. Fire code adopted. The International Fire Code, 2003 Edition, together with all local amendments thereto, which are all on file in the office of the city secretary, is hereby adopted as the fire code of the city, incorporated by reference in this article, and made a part hereof, as fully as if copied at length herein verbatim." Section 2. The City Council of the City of La Porte herby adopts local amendments to the International Fire Code, 2003 Edition, which are on file in the office of the city secretary, and, are attached hereto as Exhibit A. Section 3. 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 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to 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 5. 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). Section 6. This Ordinance shall be effective sixty (30) 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 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council 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 APPROVED this thc /{f#- day of fe fnYa.I~ 2007. C1TR:: ~ PORT~ 0 BY:~~.\ ~ Mayor ATTEST: ~a_) Q. ILd City Secretary APPROVED: (~-r ~ City Attorney 2 LOCAL AMENDMENTS TO THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE The following represents local amendments to the 2003 Edition of the International Fire Code, adopted by the City Council of the City of La Porte on February 12, 2007; in Ordinance number 1388-D. References are to additions, deletions, amendments, or replacement of 2003 Edition of the International Fire Code sections. Section numbers correspond to the numbering in the 2003 Edition of the International Fire Code. CHAPTER 1 ADMINISTRATION 109.3 Violation penalties. Amend by deleting this section and adding a new paragraph. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, shall be guilty of a violation and punishable by a fine. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $500.00 dollars. Each and every day shall constitute a separate violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense. CHAPTER 2 DEFINITIONS 202 General Definitions. Amend paragraph [B] Educational Group E. Day Care to read as follows: The use of a building or structure, or portion thereof, for education, supervISIOn or personal care services for more than five children older than 2-1/2 years of age, including children related to the staff, shall be classified as an E Occupancy. EXHIBIT A Add the following definition for Service: Service is the annual test, maintenance, or service defined and required by applicable fire equipment standards set forth in table 901.6.1. CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS 401.3.4 False Alarm Charges. Amend by adding a new subsection 401.3.4 Except as otherwise provided herein, the owner of a building containing a fire protection, fire alarm, or other types of emergency notification systems, shall pay a charge in accordance with this section for each and every false alarm to which the fire department responds. Exceptions: 1. No charge for the first two false alarms within a calendar year. 2. Each false alarm in excess of two during a calendar year will be charged a response fee of $200.00 As used by the section, "false alarm" means an alarm signal generated by a privately owned fire or emergency alarm system reporting an alarm for which no fire or emergency actually exists; it includes system malfunctions, faulty operation of detectors, and false alarms not classified above. It does not include those incidents where the detector or system operated as designed such as but not limited to, a smoke detector sounding from someone smoking under the detector or a manual pull station being pulled. 405.10 False alarms. Amend by adding a new subsection 405.10 to read as follows: False alarms may not count as a fire drill for the purpose of this section. 408.3.5 False alarms. Amend by adding a new subsection 408.3.5 to read asfollows: False alarms may not count as a fIre drill for the purpose of this section. CHAPTER 5 FIRE SERVICE FEATURES 503.7 Fire Lane Amend by adding a new subsection 503.7 to read asfollows: The Fire Marshal of the City of La Porte or designee is hereby authorized to designated fire lanes/fire zones on the property of shopping centers, nursing homes, hospitals, apartment complexes, town home complexes, schools and any other locations that he has deemed necessary to have fire lanes/fire zones. A. The designation by the Fire Marshal of such lanes/fire zones shall never be held to make the City of La Porte responsible for the maintenance of such lanes on private property, but the owner of such property shall continue to be responsible for the maintenance for such areas. B. Upon designation of such fire lane/fire zones pursuant to this code, the Fire Marshal shall give notice of such designation to the owner of such property, directing the owner to cause signs to be posted and/or curbs to be painted and/or stenciled. C. The required signs and/or painted curb shall read "FIRE LANE" or, "FIRE ZONE". The letter size should be not less than 3" in height and 1/2" in width. D. The sign shall be a metal sign of standard size, with a weather resistant white background with red letters. The mounting and height information can be obtained from the City of La Porte Public Works and/or City of La Porte Police Department. The sign shall be installed not less than every 20 feet. E. The curb shall be painted "Red" in color and/or the stenciled information, "FIRE ZONE" and/or "FIRE LANE" shall be stenciled in "White" colored letters. The stencil should not be less than 20 feet, apart on the curb. F. It is hereby declared to be unlawful to obstruct in any manner, including parking or standing any attended or unattended vehicle in any fire lane/fire zone as defined hereof, where the signs have been erected or the curbs have been painted and stenciled including pre-existing fire lane/fire zones with visibly erected signs and/or stenciled curbs reading "FIRE LANE" or "FIRE ZONE" EXCEPTIONS: 1. Any authorized emergency vehicle conducting official emergency business. 2. Any marked vehicle of the United States Postal Service officially dispatching mail or any marked vehicle of a Parcel Post Delivery Service officially dispatching Parcel Post. 3. Any armored vehicle officially dispatching or picking up currency. 503.8 Violations Amend by adding a new subsection 503.8 to read as follows: It is hereby declared to be unlawful for any person, without lawful authority of the Fire Marshal to attempt to or in fact alter, deface, injure, knock down, or remove any sign and/or painted curb designating a fire lane/fire zone that has been erected and/or stenciled under the term of this code. The Fire Marshal, any dully authorized representative, and/or any peace officer of the State of Texas may issue a summons or notice to appear in answer to a charge of any violation of this code. Such summons shall be issued on an official form (ticket book) acceptable to the City of La Porte. Any person found guilty of a violation of this code shall, upon conviction, be subject to a fine ranging from one dollar to two thousand dollars, as set by the City of La Porte Municipal Court. Each day the violation continues shall constitute a separate offense. No owner, manager or person in charge of any premises served by a required fire lane/fire zone shall abandon or close any such fire lane/fire zone without permission of the Fire Marshal or designee. 508.3 Fire Flow. Amend by deleting the existing paragraph and replace with the following paragraph: Water supplies for fire flow requirements for buildings or portions of buildings and facilities shall be calculated using the provisions of Appendix Chapter B and Table BI05.1. 508.5.1 Installation Amend by deleting the existing paragraph and replace with the following paragraph: All required water mains and fire hydrants shall be installed as follows: 1. Residential area fire hydrants shall be installed on a 6-inch or larger approved water main and placed so that no building is over 500 feet from a fire hydrant. Distance for hydrant placements shall be measured at curb line and/or access corridor. EXCEPTIONS: A. When in the opinion of the fire chief and fire marshal a water main and/or fire hydrant is not necessary due to the existence of built-in fire protection system(s); or B. When the Fire Chief and Fire Marshal have been notified in writing that pending water mains and fire hydrants are being installed in the vicinity, consistent with the terms of this code. 2. Commercial and industrial area fire hydrants shall be installed on an 8-inch or larger approved water main and shall be placed so that no part of any building is over 300 feet from a fire hydrant. Distance for hydrant placements shall be measured at curb line and/or access corridor. EXCEPTIONS: A. When in the opinion of the fire chief and fire marshal a water main and/or the fire hydrant is not necessary due to the existence of built-in fire protection system(s); or B. When the fire chief and fire marshal have been notified in writing that pending water mains and fire hydrants are being installed in that vicinity, consistent with the terms of this code. 508.5.4 Obstructions. Amend by deleting the existing paragraph and replace with the following paragraph: Posts, fences, vehicles, growth, trash, snow, storage and other materials or objects shall not be placed or kept near fIre hydrants, fIre department connections, or fIre protection system control valves in a manner that would prevent such equipment or fIre hydrants from being immediately discernible. The fIre department shall not be deterred or hindered from gaining immediate access to fIre protection equipment or fIre hydrants. A 3-foot clear space shall be maintained around all fIre hydrants, fIre department connections, and fIre protection control valves on private or public property. CHAPTER 9 FIRE PROTECTION SYSTEMS 901.4 Installation of fire protection systems. Amend by adding an exception at the end of this section. Exception: Buildings temporarily closed due to seasonal operations may have their fire systems deactivated under the following conditions: 1. Building is unoccupied. 2. Building is properly secured. 3. All utilities are disconnected and drained. 4. The fire systems are certified as operational before the building is reoccupied. 5. A 24-hour a day fire watch as defined in section 202 is provided during the interim between when utilities are reactivated and the fire systems are certified as operational. 6. The fire department must be notified of such closure. 7. A letter from the insurance carrier or, owner if self-insured, indicating knowledge of the closure is provided to the fire department. 901.4.5 Marking of Fire Protection Equipment. Amend by adding a new section to read as follows: Fire Department connection devices for building sprinkler systems in new and existing buildings shall be identified by the installation of approved reflective markers or signs installed above the device in an unobstructed location at approximately 7 feet above grade. 901.9 Damage protection. Add a new subsection to read as follows: When exposed to probable vehicular damage due to proximity to alleys, driveways or parking areas, standpipes, post indicator valves and sprinkler system or standpipe system, connections shall be protected in an approved manner. 903.2.2 Group E. Delete paragraph and substitute with the following: An automatic sprinkler system must be provided throughout all Group E occupancies. An automatic sprinkler system shall also be provided for every portion of educational buildings below the level of exit discharge. The use of fire walls does not establish a separate building for purposes of this section. Exceptions: 1. Buildings with E occupancies having an occupant load of 49 or less. 2. Day care uses not otherwise requiring an automatic sprinkler system by other provisions of the code. Day care uses that are licensed to care for more than 5 persons between the hours of 10 p.m. and 6 a.m. shall be equipped with an automatic sprinkler system designed and installed in accordance with section 903.3 .1.3 or an approved equivalent system. This includes children related to the staff. 903.2.7 Group R. Amend this section by adding an exception: Bed and breakfast occupancies with five rentable sleeping rooms or less do not require an automatic suppression system. 903.2.7.1 Group R-l. Add new subsection to read as follows: An Automatic sprinkler system or a residential sprinkler system installed in accordance with section 903.3.1.2 must be provided throughout all buildings with a group R-1 fire area. Exception: Where guest rooms are not more than three stories above the lowest level of discharge and each guestroom has at least one door leading directly to an exterior exit access that leads directly to an approved exit. 903.2.7.2 Group R-2. Add new subsection to read as follows: An automatic sprinkler system or a residential sprinkler system installed in accordance with section 903.3.1.2 shall be provided throughout all buildings with a group R-2 fire area that are more than two stories in height, including basement, or have more than sixteen dwelling units or sleeping units. 903.2.7.3 Group R-4. Add new subsection to read as follows: An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 shall be provided throughout all buildings with a Group R-4 fire area. 907.1.1 Construction Documents. Amend by adding a new item to read as follows: 12. System riser diagram 907.2.3 Group E. Amend this section by adding a second paragraph to read as follows: Rooms used for sleeping or napping purposes within a day care use of Group E Occupancies must be provided with smoke detectors that comply with section 907.2.10.1.2. CHAPTER 11 AVIATION FACILITIES 1106.3 Construction of aircraft-fueling vehicles and accessories. Amend by adding an exception at the end of this section. Exception: A vehicle or trailer tank with a capacity of250 gallons or less may be used for non-commercial refueling of private non-commercial aircraft if the following requirements are met: 1. The tank is placarded with no smoking signs, type of fuel contained in the tank and the tank capacity; 2. The tank and all appurtenances used in the fueling operation are listed and approved for the specific purposes; and 3. Electrical bonding is provided as required under section 1106.3.7. CHAPTER 22 MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES 2206.2.3 above ground tanks located outside, above grade. Amend by adding an item five (5) at the end of this section. 5. Approved above ground atmospheric tanks may be used without a special enclosure or ftre rating if the following criteria are met: a. Tanks must be located as required for "other tanks" by table 2206.2.3; and, b. Tanks must be enclosed by a six-foot high industrial type chain link fence with a minimum of two access gates located at opposite sides of the enclosure. Each gate must be at least at least 36 inches wide. There must be a minimum working distance of ftve feet between the tank and the fence. 2206.7.7.1 Leak detection. Amend by adding an exception to read: Exception: A leak detection device is not required if the underground piping is an extra-heavy steel wall with all welded joints, dielectric coating, and cathodic protection. LA PORTE FIRE DEPARTMENT 124 South First Street La Porte, Texas, 77571 (281) 471-3607 January 4, 2007 Honorable Mayor Alton Porter and City Council Members, The La Porte Volunteer Fire Department would like to take this opportunity to express our support for changing the City's existing 1994 Standard Fire Code, to the 2003 International Fire Code (IFC). At our October business meeting, we were presented this proposed change by Fire Marshal Cliff Meekins and our Fire Chief's Office. We discussed issues in the IFC that were beneficial not only to the developers, but to the code enforcement officials within the City of La Porte. Additionally the IFC was highly recommended by the ISO consultant we are working with and since it supports the City's International Building Code (IBC) it just seems to make sense to have codes that are easily compatible. Not only will this improve the safety aspects of fire protection in the city, both for the citizens and our firefighters, but it should make future developments in La Porte safer and more cost efficient. Respectfully, Ronnie Thibodeaux President La Porte Volunteer Fire Department --, /' /' ~::/ . . -'~. "L' ~ ,-j7 ../:;:-:~ / ,/. ~L~ -f-.'Ir0~(::7- . City of La Porte Established 1892 18 January 2007 The Honorable Alton Porter Mayor of La Porte Dear Mayor POlier, The Fire Code Review Board met on 17 January 2007 to discuss adopting an updated Fire Code which would ensure the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or propeliy in the occupancy of buildings and premises in the City of La Porte. After consideration and comparison of the current City of La Porte Fire Code, the 1994 Standard Fire Prevention Code with the 2003 edition of the Intemational Fire Code, the Fire Code Review Board hereby gives its full support to the adoption of the 2003 edition of the Intemational Fire Code with Amendments. In addition, the Fire Code Review Board would. like to see the 2003 edition of the lntemational Fire Code with Amendments be adopted as soon as practical and without delay. The Fire Code Review Board feels that with the City of La Porte having already adopted the 2003 edition of the Intemational Building Code, the adoption of the 2003 edition of the Intemational Fire Code with Amendments would make for a safer and more efficient permitting and inspection program by providing a cohesive combination of the Fire and Building Codes. Respectfully, 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 . NATIONAL PROPERTY HOLDINGS January 29, 2007 City of La Porte Fire Marshal's Office Attn: Clif Meekins 120 S. 2nd Street La Porte, TX 77571 Dear Clif, Please accept this letter as a formal show of support for the transition of the Are Marshal's office from the 1994 SBCCI Are Code to the IFC 2003. The City of La Porte is home to one of our biggest projects, and we fully support any internal improvements the City is undertaking. Please let us know if there is anything that we may be of assistance in. We look forward to continuing the strong relationship we have built with the City. Sincerely, ~;tW- Russell D. Plank, V.P. National Property Holdings REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 12. 2007 Source of Funds: NA Requested By: Wayne J. Sa~" JJJ. ./ V7V Department: Plannin2 Account Number: NA Amount Budgeted: NA Report: ---X-Resolution: _Ordinance:_ Amount Requested: NA Exhibits: Ordinance P&Z Staff Report Area Map Public Notice Responses Bud2et Item: NA SUMMARY On January 18,2007, the Planning and Zoning Commission considered Special Conditional Use Permit #SCU 07- 001 for Future Farmers of America (FF A) and 4-H projects facility to be located at 11006 North A venue P. Allan and Shelly Rankin are seeking this permit for their son Derrick Rankin, who is an active member of La Porte 4-H Club and La Porte FFA Chapter at La Porte High School. The subject property is zoned Large Lot District (LL). The Code of Ordinances, Section 106-416 requires a Special Conditional Use Permit for FFA & 4-H projects to be located in the district. FF A is an integral part of the school's agricultural science program led by an agricultural science teacher. These projects are basically educational in nature and not for commercial purposes. Animals will be shown at various rodeo arenas or exhibitions in different cities throughout the State, All the proceeds will go towards scholarship funds for college education. The FF A program is designed in such a way to change lives and prepares students for premier leadership, personal growth, and career success. The applicants are proposing to house animals at the barn located at least 100 ft. away from the principal structure. The facility appears to be in a good shape and is kept clean per health and safety standards. In addition, the applicants agreed to meet additional conditions imposed based on specific site constraints necessary to protect the public interest and welfare of the adjoining property owners, There were approximately 70-75 people present during a public hearing at the Planning and Zoning Commission meeting. By judging their comments or expressions, all seemed to be in favor except one spoke against the project. Issues/concerns raised at the meeting were regarding flies, unsanitary conditions, and run-off from the animal wash area to the adjoining properties. Subsequently, P&Z imposed the following three additional conditions to be included to the draft SCUP; a limit of 8 animals at a time, permit expire June 2010, and ensure the run-off from the animal wash area stays on the property. By unanimous vote, the Planning and Zoning Commission has recommended City Council consider approval of Special Conditional Use Permit #SCU07-001 with the conditions as listed in the SCUP. As required by Ordinance, Eight notices of public hearing were mailed to the property owners within 200' of the site. Seven responses were received, all opposed. Out of these seven written responses, 4 were from the property owners within 200' and 3 outside the 200' radius circle. As per State Law and Section 106-171 (7) of the City's Code of Ordinances, if a written protest is signed by 20% of the residents within 200' ring from the proposed site, a vote of % of all the members of the governing body "City Council" is required to approve the motion, Action Required by Council: 1. Conduct a Public hearing. 2, Consider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit #SCU 07-001 for FFA & 4-H projects site to be located at 1 ]006 North Avenue p, A rI~z ~, John Joerns, Interi ORDINANCE NO. 1501- NS ,fCt h ~1 ')/ :}-Do1 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 GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU07-001 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 1.93 ACRE TRACT OF LAND BEING TR 394A, LA PORTE OUTLOTS, ENOCH BRINSON SURVEY, ABSTRACT- 5, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF FFA AND 4-H PROJECTS IN A LARGE LAOT DISTRICT (LL) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: "Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 18th day of January, 2007, at 6:00 p.m, a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parcels of land, There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration, "Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3. On January 18, 2007, the Planning and Zoning Commission of the City of La Porte met in regular session to consider changes in classification, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated on the 22nd day of January, 2007, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. ORDINANCE NO. 1501- Als-" Page 2 "Section 4, Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 1ih day of February, 2007, at 6:00 p,m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. "Section 5, The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes, "Section 6, The conditions of the said Special Conditional Use Permit are as set forth in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached hereto as Exhibit "F", The description of said parcels of land classified pursuant to said Special Conditional Use Permit is as follows, to-wit: 1,93 acre tract of land located at 11006 North Avenue P; being TR 394A, La Porte Outlots, Enoch Brinson Survey, Abstract-5, La Porte, Harris County, Texas, "Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan, "Section 8. 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 ORDINANCE NO. 1501-"~ Page 3 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 9, This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the day of ,2007. CITY OF LA PORTE By: ALTON PORTER, Mayor ATTEST: By: MARTHA GILLETT, City Secretary tabl~J :2j1~/;vJ()'7 APPROVE~ . By: ~WT~ ~ ASKINS, Assistant City Attorney THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 18th day of January, 2007, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU07-001, for 1.933 acre tract ofland being TR 394A, La Porte Outlots, City of La Porte, Harris County, Texas. The property is located at 11006 North Avenue P. Allan & Shelly Rankin, is seeking approval of a permit for proposed designation of 4-H and FFA project at 11006 North P Street. A Special Conditional Use Permit is required for the project site to be located within Large Lot District (LL) as per Section 106-416 of the Code of Ordinances. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further iriformation. a;,."''' i. ~$l'.i";.~ ~ Pi Th.........mm '. eB this hearing is to consider .,Special C9nditionaJ Use . permit ..~Re()u€lst #SCU07-OO1,. for a ..1.933 . acre tract of iand being TR . . 394A, La Pprte ,Outlots 281-471-123,Cj!yqf".Lai;e9rte:,.tlalri~ Fax 281-471-5~P9U~~.T~~~~...Th~,prpp- ertyls located at 11006 North Averiue'~. 'Allan .and Shelly Rankin are .s~ekjng ;:lpprovalof a per- S.. . - .. ._..........!Tl.'.'.t.......f...D....r.p..r..o. p. _..o..s..e....d..... d....e. S.I9.n.. a - ..w ~'pn,of 4-H. andFFA pro- , . ject' at 11 006 North P . '., ~treet. .. . A Special' Condi- ,.t'8_flal . Use .Perrni.t . is .. re- . quired f9rt~eproject site tClbe located within the Lar9~L9t District (LL). per Section 106-416 of the !~D~;r~j~'~~;li' ~tng.,9f "..thEl..e!~nJling.....;:lnd ; ,..zOmQ9...t.'h'. 2S>.rrlWissi n.;,~~jll ~', W." arin(e Ii1' .', M~ 820 S. 8th Street La Porte, Texas 77571 City of La Porte County of Harris State of Texas Before me, the undersigned authority, on this date came appeared Lisa Godfrey, a duly authorized representative of.<T Bayshore Sun, a semi-weekly newspaper published and gen(j,,{t':<<"i);,;;;;,i'>,-; distributed in the City of La Porte, Harris County, Texas and~t? ... ~s~~,!~tj6~~m~~', after being duly sworn, swears the attached notice was publiSh:!~ifb'irH~~riti'~mrjb~}~~! The Bayshore Sun dated I t? ~ 3 J ~o y" ujr~d~' . bet~0~:j:~~~,t civ~ &1~:1 ,~]l:>\r;;';:"'''''.''''f::~\:<' - -'-",.;;;,.:. ., . CITY OF LAPORTE' . . Martha GiII~tt. . .. Lisa Godfrey . . . '. -', z.' . .. ;TRMC CMC' . t;'~;.';:,~i~00t~r!~:3./ i' .' My Commission Exprires April 11, 2010 . -~,~'-'~} Sworn and subscribed before me this ~d:J&!.CW~ _, ,2007. ~o1r~kg( Karolyn Kellogg Notary Public Harris County, Texas r~/(.j; ,~":~,.::-'",,,, , ,\ ~ ~ City of La Porte Established 1892 January 22, 2007 Hon. Mayor Alton Porter and City Council City of La Porte Re: Special Conditional Use Permit #SCU07-001 Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during a regular meeting on January 18,2007, considered Special Conditional Use Permit #SCU07-00I, The applicants, Allan and Shelly Rankin, seek approval to allow FF A & 4-H projects to be located at 11006 North Avenue P within the Large Lot District (LL). The Planning and Zoning Commission, by a unanimous vote, recommends that City Council consider approval of Special Conditional Use Permit #SCU07-001 with the following conditions: 1. SCU#07-001 is specifically limited to FFA, 4-H projects. 2. Project will be limited to eight (8) animals at a time. 3. Project is agricultural in nature and not for commercial purposes. 4. Project site, including barn, is kept clean and sanitized per health and safety standards. 5. On-site records are kept to help ensure proper treatment and timely dissemination. 6. Follow preventive health measures and proper vaccine precautions. 7. Ensure timely manure removal from the facility to control flies and odors, to avoid potentially harmful residue, which could pose a health hazard to humans. 8. Ensure the run-off from the animal wash area stays on the property and does not flow towards adjoining properties. 9. Annual Certificate of Compliance with safety standards shall be applicable. 10. This permit will expire June 20 I O. II. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas ~spectful1Y Submitted, Pat Muston Chairperson, Planning and Zoning Commission c: John Joerns, Interim City Manager Clark Askins, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy, · La Porte, Texas 77571 · (281) 471-5020 '~.........U)'" . . t~..)' ~-' ., "",.-f"":, _ t " f'f ) THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 12th day of February, 2007, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU07-001, for 1.933 acre tract of land being TR 394A, La Porte Outlots, City of La Porte, Harris County, Texas. Allan & Shelly Rankin, are seeking approval of a permit for FF A and 4-H project site at 11006 North P Street. As per Section 106-416 of the Code of Ordinances, a Special Conditional Use Permit is required for the project to be located within Large Lot District (LL). A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum o/City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. NOTICE OF PUBLIC ,.-,'.... . H:ARI:c:ordance . i; with the provisions of Sec- ; tion 106-171 Of. the Code . ,. .S." . ". 1": of Ordinances of the' , City a .. lnfe _5 of La Porte, and .e provi- Ii signs of the as Local ,f.'.....p i~obrt.veeel~le.;.t.C/ot~u. :.n. .tcl,t,~.o..e....... tw.i c: A quorl!"l"o(City Cpuncil,; C .:16 .. . '.. /11embers'''!?ybe,:ph}:;;ent;'i, L~. cOlJduct pU'.h rin ' nd, participf!te iri' /::fiSCI./S-i;! !. at ~.:OO. 'the Ions durin~",!tll~ rnft~!irig;.,l i~' dar of e 201ri. oweveJ; no action, will be lithe ,unci! ,a' S!'Ofh,_,en:vYColfncil ~~thf:l)JtYH ... 4 West ,~~ Fairmont, Parkway, , La Before me, the d . d th 't ~...R9!1f:l,..L':[f:l~~$,>..(The/P\lf- ~1J/~,!?C?f(itylJ~~,.".giS?bility, un e rSI g ne au on y , on ~p()~~ of Ihls'hearing is to acqornmp'dations,; avail- appeared Lisa Godfrey a duly authorized r(~~~o.f),~iderSPeCi~ICondi< ablf'!./3equests foraccom- ',I , r; tlonal Use PermIt Request modatioris or interpretive Bayshore Sun a semi-weekly newspaper put:;#S9U07-001,for 1,933 services. ,?t meetings , 0.acre tract of fand being TR should be' made 48 hours distributed in the City of La Porte, Harris Coa-3~1A.LaPorteOutlots, prior/to the meeting. . ~,Cltyof La, P()rte,Harri:.;.. Please co~tact the. City after being duly sworn, swears the attached nc:;. County,Texas. '.., AUein.&. ,', Secretary's office at (281)' Th B h S d d !SheUy RalJkin, Cireseeking 4!1-5020or TOO Line e ays ore un ate 1- ~L/ .-07 ~appr()val()f a pElrmitJor (281)4?'1~t)030for further ~FFA and 4-Hproject'~iteinformCJtio,(1,. . iL,at,11p06North PStreel. ',., (, As per,~~c;H()n,1.QI5"116()f ... ".. ...., i;~he COde:(Jfc>rdlh'~n?f:lsal . /. if..ppeSi,al,...8ehcl!ti(),r~i;'u'sel ..Per!)1lt'"..I~.re9(J1redforJhe .", r proj~?t J() bf:l ,located. wit/)in l'Largehot pjstricl{LL): . ... ~~(:,,:,;j;i}f4<'_,-:." ,';:'~: "\":.'~:'-~r~i::i-i;:~~~>,:,' :_' ,::' ' '~ I~. '''''., ~i> <reg'5Iaf:th~'et-. ;,jngof.ttJ8.,'8.iWQo.PfJCiIWilL .. .fOHowth~'public hearing' !forth~ purpose .of acting 820 S. 8th Street La Porte, Texas 77571 Th-............. .B......... . ~ .. City of La Porte County of Harris State of Texas ~wu cMd~ Lisa Godfrey Sworn and subscribed before me this ~f/}1A1 r'JJIt -' ~007, ~&~ ~j)fl()~ arolyn Kellogg Notary Public Harris County, Texas My Commission Exprires April 11 , 2010 PYSLlC NOT~ES THE STATE OF TEXAS COUNTY OF HAFlRI'S 1 -.'. . ....; 9'TY OF LA PPRTE ~ 141 !r~._~~~ ~!tt~1 --,;."....~., '~li9f.." KAROLYN KELLOGG MY COMMISSION EXPiRES April 11, 2010 :~~.;;;::~._., :. upon the pUblic hearing items and to conduct other matters pertaining to the Council. '::'f'_:,:;"<'" ", ;,' """':', , , 'c' " '.. <;i-;'Citizens. wishing <toacl~res~ the .Council pro. or con during the PubliC Hf:lfl[ing "YiII be rf:lquired to ~ign in before the. meeting IS convened, CITY OF LA PORTE Martha Gillett, TRMC, CMC ..< ,. QitySecfetary ,i' :~": ' day of -m~t. I t City of La Porte Special Conditional Use Permit # SCU 07-001 This permit is issued to: Shelly and Allan Rankin, (Derrick Rankin, son) Owner or Agent 11006 North Avenue p, La Porte TX 77571 Address For Development of: FFA & 4-H Proiects Development Name 11006 North P Avenue Address Legal Description: TR 394 A. La Porte Outlots. City of La Porte, Harris County, Texas. Zoning: Larqe Lot District (Ll) Use: FFA & 4-H (Livestock Projects) Permit Conditions: 1, SCU#07-001 is specifically limited to FFA, 4-H projects. 2. Project will be limited to eight (8) animals at a time. 3. Program is agricultural in nature not for commercial purposes. 4. Project site including barn is kept clean and sanitized per health and safety standards. 5, On-site records are kept to help ensure proper treatment and timely dissemination. 6. Follow preventive health measures and proper vaccine precautions. 7. Ensure timely manure removal from the facility to control flies and odors, to avoid potentially harmful residue which could pose a health hazard to humans. 8. Ensure the run-off from the animal wash area stays on the property and should not flow towards adjoining properties. 9. Annual Certificate of Compliance with safety standards shall be applicable. 10. This permit will expire June 2010. 11, The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Validation Date: Director of Planning City Secretary . " ~ ...,.-;g..?- :1 ~.. .~J~O~.i' " ~:~,",,-~,t l' t;_,:)-~'" .,1 Staff Report January 18,2007 ReQuest: ReQuest Bv: ReQuested For: Present Zonin2: ReQuested Use: Back2round: Special Conditional Use Permit #SCU07--001 Special Conditional Use Permit for proposed Future Farmers of America Program (FFA). Allan and Shelly Rankin rlo 11006 North Avenue P. 1.93 acre tract of land being TR 394A, La Porte Outlots, City of La Porte, Harris County, Texas. Large Lot Residential (LL) Continuing education in the ownership and care of livestock projects. FF A is a dynamic, student-led leadership development organization for students of agricultural education. The FF A changes lives and prepares students for premier leadership, personal growth and career success. Future Farmers of America is the official name of the organization. Agriculture is much broader than farming and ranching. Members study things such as horticulture, aquaculture, food sciences, accounting, wildlife management, mechanics and engineering. Regardless of an FF A member's career choice the FF A provides opportunities to build and apply math, science, technology and leadership skills to their life. The FF A is an integral part of the school's agricultural science program. Each local program is led by an agricultural science teacher who works for the school. FF A members apply what they learn in the classroom in FF A activities through school activities. FF A activities are an outgrowth of the classroom and supervised independent enterprises and projects. Every FF A member must have a supervised agricultural experience program (SAE). SAE is a project or enterprise that gives members hands- on training and a chance to apply what is learned in the classroom. Livestock projects are very popular, but there are a lot of options: placement in an agricultural job, internships, experimental work in agricultural science, horticultural projects and crop projects. The applicant's son, Derrick Rankin, a participant of the La Porte FF A Chapter at La Porte High School and an active member of the La Porte 4-H Club, is proposing to house animals for livestock projects at the facility. The subject property is located at 11006 North Avenue P. A I-story metal building/barn is located at least 100 ft. away from the principal building. Approximately a I-acre tract of land is undeveloped with a pond in the rear of the subject tract. The zoning designation of the property in question is Large Lot Residential (LL). FF A & 4- H programs are classified as conditional use per Section 106-416 of the City's Code of Ordinances. SCU07-00] ]/18/07 (P&Z) Page 2 of3 Analvsis: Conclusion/ Recommendations: Section 106-217 establishes the following review criteria and conditions for approval of Special Conditional Use Permits: . That the specific use will be compatible with and not injurious to the use and enjoyment of the other property, nor significantly diminish or impair property values within the immediate vicinity. . That the conditions placed on such use, as specified in each district, have been met by the applicant. · That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints necessary to protect the public interest and welfare of the community. The proposed use would have some impact on the surrounding properties. Traffic flow within and between neighborhoods and throughout the community should not be affected by the proposed use. Existing roads are adequate to support the said project. Staff has reviewed existing facilities and services for each of the component of the utility system for the proposed development. Existing water is adequate for potable and fire protection. Sanitary sewer is available to the property. Storm drainage is not affected by the proposed use. The property abuts Harris County Flood Control District's drainage channel to the south. Staff has found the request satisfies applicable Ordinance requirements. The request is compatible with the goals and objectives of the Comprehensive Plan. The specific use should be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. Staff recommends approval of Special Conditional Use Permit #SCU07 -001 with the following conditions: · SCU#07-001 is specifically limited to the FFA & 4-H programs. · Program is agricultural in nature not for commercial purposes. · Project site including barn is to be kept clean and sanitized per health and safety standards. · On-site records are kept to help ensure proper treatment and timely dissemination. · Follow preventive health measures and proper vaccine precautions. · Ensure timely manure removal from the facility to control flies and odors, so that it does not have potentially harmful residue which could pose a health hazard to humans. SCU07-001 1/18/07 (P&Z) Page 3 of3 . Annual Certificate of Compliance with safety standards shall be applicable. . The applicant shall comply with all applicable laws and ordinances of the City and the State of Texas. Options available to the Commission are: . Recommend to Council approval of this SCUP with additional conditions. . Recommend to Council denial of this SCUP. . Continue the public hearing at the Commission's next regular meeting to allow additional testimony and further study of this item. This results in tabling any action on this item. A Meeting of the La Porte ~:J 18,2007 ate 0 Meeting) to Consider R. . r:0P\fFO ~)...ii".J ~ ....- JAN 1 5 Z007 PLANN\ 'DEPT. Phnninr. & Zo~ Commission (Type of :Meeting) Scheduled for Special Conditional Use Permit (SCU# 07-001) (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of gr.uning this request for the following reasons: I am OPPOSED to granting this request for the following reasons: ~~ - S:, 6 L> z-Z: 6f~ - r ~k 11#1 dt:?e?'Z -t; ~ ~ q~ IIt!?tJte :d-- ~ ~. //I,t;Z z.. ~ e>crz. P#1n ~cIe .k7. ~;f; ~ a;;:e~ ~~-J~~a-; .$1I(6;Wb- 7~ ~~ Jlc;:fbAd. t1?2 .",f AMeeting of the La Porte Pbnninr. & Zo~ Commission (Type of Meeting) Scheduled for JAN i~ P, 2007 ~:J 18, 2007 ate 0 Meeting) "'~'L' r rrlf'l\l\ p f-\f'Vf\~Lv(] to Cons ider Special Conditional Use Permit (SQJ# 07-001) (Type of Request) I have receIVed notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: --~ ) ) I am OPPOS to grmting this request for the following reasons: ~ ~LtQ[ ~~) Pr)o{"' bO--I'Vv ("'Y)Q~<I\./t<2..VJ.Qv\.c-~) "S\Yl.e.-t l) 'nD\~~'\/~~~("~e..~'tl~n c-t ~(bpz-r-ti \jQlu~-5'. ----1 - d . t-l i~$ \ u.tA/S,OIA t~Q(' V] C,Dvt C-t i'Cr1 'S 64 r(' 1, W - %. 0"C il\ ~ e (please print. , . {~~':\~ Signature I 0 q =?:. 0 N.. A,:v -'<- P Address LD PDV-t~,,\>G---Z(~' City, State, Zip AMeeting of the La Porte PbnninR Be Zo~ Commission (Type of Meeting) Schedwed for JAN 1 7 2007 ~:J 18, 2007 ate 0 Meeting) to Consider Special Conditional Use Permit (SCV# 07-001) (Type of Request) I have received notice of the alx>ve referenced public hearing. I am in FA VCR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: /IJ/ t-J/;;:; #NO:f iJ~-4L-r ld;j!l1k.1- jA;SL-;(/Yl /It.-<.- i 1J1' y)C~ , b.//rlf rlf;; f/l7Etk Ai::;} ?)/,? ;:::L/~.J Il-Ntl "..It::- /.Jt:L;E ToC,t? Ir 1/~'-f~O ( . SfD/:J I}ff~ /lI1Z yt:/9~ ?N::J M, ~ D tv E iJ/,O;V/ t ~C t/,& .4 tlJ0/l f ~ D...,r (~'-1,' r (0//'16 tD SIM7 ?t..- OV~ ~/,#, f1)() w$ jCJ;;t:vjf ':t> Jr4~O rJ.-€- IT ~fr~cl:l ~ r/6/-J-7 10 ..t7O.P/~.yr '#J2#'W ~J/H~-O# //OOZ N r ~~:~ ~;f /6;;;; ,7}c 77;- /) / .c ~nature Gty, State, Zip / ( AMeeting of the La Porte Pbnninr. & Zo~ Commission (Type of Meeting) Scheduled for ---.land 18, 2007 ~ate 0 Meeting) to Cons ider JAN 1 7 2007 Special Conditional Use Permit (SCU# 07-001) (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to gr.mting this request for the following reasons: !J,~{( @.IACt( IT'j ,'rrvl\('df ProfL a~ f'('~ ,h{c/f" Illn\ '3 E- (:"t I eG IA 1/\ S" a. f~~f ~ COn cl '7" , '3~ ,4 j(^,if(l};{'15~ ,7 ?0- at ~= IOcr 2 '7 Alctlk - L-- Address tu,Po {Ie n 77S-7/ Gty, State, Zip 7J.3~44e35e S I t.~iJP c}~I;; I tIE CC BABE ']OI-1~'.sCN AGENCY F'(...~GE. tll,/ t11 tl/89i2007 14:15 Bl/09/2~~7 11:17 2:~:1 ':J3iX1252 PAGE 211 A~eetblg of the Lii Pone I P"tamtiu It 1,:= ~~ioo : ~,pe.~ ScbeduW for I ~.,. M,. 'l::1J7 ~~~ 'CD Com Mer ~~~~~lSCUfCl!~_,____ : ,<4 '-} jAN 1 7 2007 I . !~ 1 J.ve~..i7ed ~of ~ ahI:M: rd~nced p'.ib~ ~. I am iCll-A vea IX l~ this nq~ for W (ollowillg reUaos: . ~ i - I '-'- .:"(:..\~r~'~"" ram <::JFPOSED 'CO ~ this 1'!q~t fortbe foi1~ reasoa..~: -r~~ t.1~~Q' c.au.)~1'l L~~~ v..s.~ I'\~~~"+~ 'TH-~ : -..l 't ..f1.a"~~~oe\~1.'--~D ""'/I.lWJ YA':Li...---A-J!4QJ,At'twt; Utli~~ T o...t .-m..'1' I.A.~ ~f f'I'\'1 (;~~"(...~~. ~li..,_IliE.~'~'T\Nt;, O'CttR. ,,~ P''-'~$ , j~~."'~i l!1..f-__~e~'"U~(. M'l:... ~~~...!410 a Qft~. ,J<.~/LH ~'~o~_L_ .d rre~. ,prim) . ~. .-------. tu:e . ~_ ,J. A-ve--. p ~s 1-4 {1trTer:1. T~ "J3S71 Cty, S_. Zip T"+t' \Lu..l e 0 ~ t).l. '$ A;.c:... ~ C) F " "'^" t-lll€ ,(, ~-\h R..~ ,,~o ~ "'. \A \...c. ~" "t" ~ ~ ~ "'" '" "'IN e-:~ \ ~ ~ l... <-c. E Lrr A- ~f;;At. t ,~ "T~ \)~ _ On Il, M \U',.J. "i -;/3 6 t.I;,I /r'. it. r-.'.) '.1 v.....~. AMeeting of the La Porte Pbnninr. & Zo~ Commission (Type of Meeting) Schedwed for JAN 1 7 2007 -1t::J 18,2007 ate 0 Meeting) to Consider Special Conditional Use Permit (SCU# 07-001) (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: r ~'s r /l1()vl-z'J (-1/7'0 ,4oi:'7q, Afr-",~r,,1 I ~~.~ Ci- L:V'5~J: h..-l ,/( ~f16--A/.?/ ?{ hl/ J r1-c i)-Iv <. ;frzt:.f't, /.--v /!( It-. '.f k;t. C;' Cvr ,? / (~ <~ O,",^ ....Io/u/-'...... ~ ! r- OjJt1111-~( Name (please print) ~Cy Signature //1(;& /f/ r , Address h/ti.. ~ni 77j-71 Citi, State, Zip , AMeeting of the La Porte Pbnninr. &. ZoninJ!; Commission (Type of Meeting) Schedwed for --.Jan:J 18, 2007 ~ate 0 Meeting) to Consider JAiIi 1 " ""'D- o LU ! Special Conditional Use Permit (SCU# 07-001) (Type of Request) I have received notice of the above referra..:.ed public r..ea..i,gg, I am in FAVOR. of gr.uning this request for the following reasons: . ------- I ~~ting this request for the following reasons: '~V\lG"Ci ~""'O....J Co;:: --VZC~v.s(1\'-l '-Jtx-0~ S , d r (;;;. )(C~-:::-:> '\\7t~t="j:" Ie:... (A..::O~c~G O~ y- .c:57()~I' 00 C~OVV\W1b(t::.J'~~ ". . C-' eReCtA, J 00 . :.::::> S ~\000J '~~ ACe Cv...C, ~ " Ct~IL(,~S G:. JV\CQ..AI-J Name (please print) C - c( ,VV\cC2.- -. Signature ll\O\,.J '~ Address . L-AvC'~~E " x: . 7751 \ City, State, Zip ~- ::>. . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested February 12, 2007 Mayor l"'orter Requested By Appropriation Source of Funds: Department: Mayoc aDd City Council Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Amount Requested: Exhibits: Exhibits: Ordinance Budgeted Item: YES NO SUMMARY & RECOMMENDATION Consider replacement of Sydney Grant's vacated position on the Zoning Board of Adjustment. Action Reauired bv Council: Appoint a person the vacant position on the Zoning Board of Adjustment. ell;; ~? Date / I ORDINANCE NO. 2004-2782-Q 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 HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: . Indicates reappointment Section 1. The City Council of the City of La Porte hereby makes the following appointments to the Airport Advisory Board for the City of La Porte Municipal Airport, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1. - Debra Rihn Position 2. - Nick Hooke Position 3. - *Hector Villarreal Position 4. - * Tucker Grant Position 5. - Steve Gillett Position 6. - Eliminated by City Council on 7/13/98 by Ord. 98-2265 2007 2007 2009 2009 2007 FAA Representative William Gray No Term Airline Representative - Dan Myhaver No Term Section 2. The City Council of the City of La Porte hereby makes the following appointments to the Board of Directors of the City of La Porte Reinvestment Zone Number One, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Peggy Antone 2007 Position 2 * Dave Turnquist 2008 Position 3 Alton Porter 2007 Position 4 *Horace Leopard 2008 Position 5 Doug Martin 2007 Position 6 *J.J. Meza 2008 Position 8 *Chester Pool 2008 The City Council of the City of La Porte hereby ratifies the following appointments by La Porte Independent School District and Harris County: Position 7 Dr. Say (LPISD) 2007 Position 9 Lindsay Pfeiffer (Harris Co.) 2007 Section 3. The City Council of the City of La Porte hereby makes the following appointments to the Chapter 172 Employee Retiree Insurance and Benefi ts Commi ttee, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Citizen Position 1 George Van Dyke No Term Citizen Position 2 Steve Valerius No Term Retiree Participant - Sanuny Jacobs No Term Employee Participant - Karen Beerman No Term Finance Staff Michael Dolby No Term H.R. Staff Robert Swanagan No Term Legal Staff Clark T. Askins No Term Alternate Pos. 1 Matt Daeumer No Term Alternate POSe 2 Julie Graham No Term Alternate position 1 may participate in all meetings of the conunittee but is entitled to vote only in the absence of a regular member ; Alternate position 2 may participate in all meetings of 2 the committee but is entitled to vote only in the absence of a regular member, where Alternate Pos. 1 member is not present, or where more than one regular members are absent. Section 4. The City Council of the City of La Porte hereby makes the following appointments to the Fiscal Affairs Committee, without term, or until their successors shall have been duly appointed and qualified: Date Appointed Chairman Chuck Engelken 1998 Committee Member - Barry Beasley 2004 Committee Member - Howard Ebow 1998 Alternate Member - Louis Rigby 2004 Alternate Member - Tommy Moser 2004 Section 5. The City Council of the City of La Porte hereby makes the following appointments to the Fire Code Review Board of the City of La Porte, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: District 1 Tim Bird 2008 District 2 *Jeff Brown 2009 District 3 *Woodrow Sebesta 2009 District 4 *Floyd Craft 2009 District 5 Jim Bridge 2006 District 6 Lester Clark 2008 At Large-A *Bryan Moore 2009 At Large-B Paul Vige 2008 Mayor *Lynn Green 2009 3 Section 6. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Area Water Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Position 2 Position 3 Position 4 Position 5 Robert Roy Dennis H. Steger Steve Valarius * Paul Berner 2007 2007 2007 2008 2008 Section 7. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are residents of the City of La Porte, and no more than four of whom are elected ci ty officials or city employees, to serve as directors of the City of La Porte Development Corporation without compensation, but wi th reimbursement for actual expenses, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chuck Engelken 2007 *Mike Clausen 2008 Tommy Moser 2007 *Bill Love 2008 Ed Matuszak 2007 *Pat Muston 2006 Trent Wise 2007 Section 8. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Health Authority, 4 for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Health Authority Abdul R. Moosa, M.D. 2008 Alternate Robert D. Johnston, M.D. 2008 Medical Advisor/EMS Oscar Boultinghouse Contract Section 9. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Redevelopment Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Peggy Antone 2007 *Dave Turnquist 2008 Alton Porter 2007 *Horace Leopard 2008 Douglas Martin 2007 *J.J. Meza 2008 Dr. Say 2007 *Chester Pool 2008 Lindsay R. Pfeiffer, Chairman 2007 The City Council of the City of La Porte hereby makes the following appointments to the Main Street District Committee, an "ad hoc" committee, without term, or until their successors shall have been duly appointed and qualified: Bill Manning, Chairman No Term Robert Schlenk, Vice Chairman No Term Douglas Martin No Term Vicki Campise No Term Position 2 Position 3 Position 4 Position 5 Position 6 Position 7 Position 8 Position 9 Section 10. 5 Paul Berner Pat Muston Gloria Lair Brenda Brown No Term No Term No Term No Term Section 11. The City Council of the City of La Porte hereby makes the following appointments to the Main Street Advisory Board, a new Board required by the Texas Historical Commission, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1- Edward Matuszak 2008 Position 2- Vicki Campise 2008 Position 3- Bill Manning, Jr. 2008 Position 4- Leandro Suarez 2009 Position 5- *Jerry Carpenter 2009 Position 6- Amanda Seymore 2009 Position 7- Michaelyn Dunaway 2007 Position 8- Claire Zaborowski 2007 Position 9- Lawrence McNeal 2007 Position 10 Position 10 Eliminated by Ordinance 2004- 2782-L on August 28th, 2006 by City Council action. Position 11 Position 11 Eliminated by Ordinance 2004- 2782-L on August 28th, 2006 by City Council action. There are also three (3) Ex Officio members of this Board: 1 the City of La Porte's Main Street Coordinator 2 the City Manager of the City of La Porte, or her designee 6 3 the Manager of the La Porte-Bayshore Chamber of Commerce Section 12. The City Council of the City of La Porte hereby makes the following appointments to the City of La Porte Planning and Zoning Commission, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chairman District 1 District 2 District 3 District 4 District 5 District 6 Alternate 1 Alternate 2 Section 13. *Pat Muston Doretta Finch *Nick Barrera *Kirby Linscombe, Jr. Dottie Kaminiski Paul Berner Claude Meharg Hal Lawler Les Bird 2009 2008 2009 2009 2007 2007 2008 2007 2008 The City Council of the City of La Porte hereby makes the following appointments to the Southeast Texas Housing Finance Corporation Board of Directors, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Director *Patricia Muston 2009 Section 14. The City Council of the City of La Porte hereby makes the following appointments to the Zoning Board of Adjustment, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: 7 Position 1 Chester Pool 2007 Position 2 Bob Capen 2007 Position 3 Rod Rothermel 2007 Position 4 Charles Schoppe 2007 Position 5 George W. Maltsberger 2007 Alternate 1 * Lawrence McNeal 2008 Alternate 2 *Gilbert Montemayor 2008 The City Council of the City of La Porte hereby designates George W. Maltsberger, of Position 5, to serve as Chairman of the Zoning Board of Adjustment until the expiration of the member's term of appointment as designated in this section, or until their successor shall have been duly appointed and qualified. Section 15. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are resident electors of the City of La Porte or non-resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility account for such business, and each of whom the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to building construction, and none of whom are employed by the City of La Porte, to serve as members of the Building Codes Appeals Board for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Torn Campbell Position 2 Terry Bunch Position 3 Paul Larson 2007 2007 2007 8 Position 4 Ron Holt 2007 Position 5 Ken Schlather 2007 Position 6 John Elfstrom 2007 Position 7 Bruce Compton 2007 Section 16. The City Council of the City of La Porte hereby makes the following appointment to the Fire Fighters Pension Board of Trustees, to serve without term or until his successor shall have been duly appointed and qualified: City Council Representative *John Joerns 2007 Section 17. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 18. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 19. The City Council officially finds, determines, reci tes, 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 9 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 20. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of February, 2007. By: ~TY OF L. ArRQRTE ~t,:t~~ Alton E. Porter Mayor LJ/hT: dN Marth~Gillett City Secretary APPROVED: ~ 7: If ~A;;;' Cl k . As ins Assistant City Attorney 10 .'....-- ""~ - A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februarv 12. 2007 Appropriation Requested By: A.1{'x Ol>mond Source of Funds: Department: Administration Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Report Amount Requested: Exhibits: Budgeted Item: YES ~O Exhibits: SUMMARY & RECOMMENDATION In an attempt to create a more user friendly situation, increase play and offer employee incentives we would like to review and discuss the attached items with Council. Action Required bv Council: Discuss and Comment Approved for City Council A2enda John Joerns, Int If? Date Golf Course Workshop February 12, 2007 Senior Resident Memberships We would like to increase the incentive of being a Senior Resident Member. At this time we only have 4 active senior resident members that pay $1,000 annually. We would recommend a price reduction of $1 00 for resident seniors making their yearly commitment $900. This would take an ordinance change. Emplovee Membershivs We get requests from employees that play golf for employees' discounts or memberships. We could offer to full time employees the same rate as our Senior Resident Memberships. We feel like this would be an incentive for employees to use the facility more and also an incentive for employees to take up the game at an affordable price. We also could offer employees payroll deductions to spread out the cost over 12 months. This would require an ordinance addition. Senior Rate Time Restructure We would like to lift the 11 :00 time restriction for senior discounts on weekdays with the exception of Fridays. Most golf courses offer the senior rates all day. We start weekend rates on Fridays at 11 :00. Rates for seniors (60 and older) are: Resident (La Porte only) $10.50, Non Resident $13.50. No ordinance change would be needed. Credit Card Fees Years ago, when we started taking credit cards for payment, we instituted a credit card fee of 5% to overcome the processing fees of the vendor. Our percentage of credit card users then was approximately 10%. Now it is 30%. This fee is also charged on the usage of debit cards. We receive complaints from customers on a daily basis. It makes the cashiers uncomfortable to try to explain the reason of the charge. We would like to be user friendly at our job. If possible, we would like to discontinue the 5% processing fee. It would also help us be more precise when we quote rates on the phone and internet. No ordinance change would be needed. Promotional Fees / Marketing Specials The rate ordinance sets the green fee and cart fee rates. The general manager sets the time. In this day and time, we now have to market golf by using several promotional tactics. Daily specials, internet times, holiday specials, etc. Can we put more language in the ordinance to allow the general manager to set rates and manage these marketing promotions? This would be an ordinance addition. S:\GolfCourse\2007 Workshop.doc - - ,- B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 2-12-07 Appropriation Requested By: nehra n. nye Source of Funds: Department: MlliD. Street City MllD.llger Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: The National Main Street Program - 4 Point Approach, 8 Principles of Main Street Budgeted Item: YES NO Exhibit: Main Street Accomplishments, 5 Year Strategic Plan Summaries, Vision & Mission Statement, Committee Goals Exhibits: Main Street Coordinator's Project WorkIist Exhibits: Reinvestment Summary Exhibits: National Recognition Press Release Exhibits: 2007 Ten Criteria for National Recognition Survey Form Exhibits: Ten Criteria Excerpt - regarding program management SUMMARY & RECOMMENDATION Update on the status of the Main Street Program. Action Required bv Council: No action required A r:f Date The National Main Street Program. ,., .'I, . lNATIONAL:TRUSr ft\rHiSTO]lIC PlRESERVATIDi'#it -". . . The,~ati(}n~ Main Street Center is .~ progJ:a!ll()f'tb.~ . N~tiQn~.Jrl18.f,f()r aistoric PreservaJ;jon. .' q~ett~ef). J>y.a (2~#w;essi9n..~lCh.arter .in1949, theN atioq31 ,Int~t~S,:,'a U~~lliiig<'~aY()C~1:~ . of. hist9ricpreservationin..tJ;J.~lrmt~fl .",giii~rij=:s;ov~~e:J::o~~~i~~'=." .reVita1ii.au(jn'Md the'creation of new -()bs are~lSsriesthe .'~."':~'Pt=.~.'~~..""{J."~~. ~~~%ddres~e~through. . t1er~~ititliti~~. "~f . U.lSOne s . Cui.. es.' ',' " '. ",,'.e:~:.:~~.' ."'.;.:>.' '"". ','.. :': . ,"' :,"f' .' '. .... . , . . ,.:. ' . , ~t@!J!sh~~.tJi~ Natjo#al Thust in198(j,~~~~!\O~ . '..,.C : "oi7......t.:ai...:.........toessloIl.. . . melll....ers. .. .....,....tQ......a'rn..."'..o:r.. The Main Street . Four--Point Approach' . D~sign takes a.dvantage of the~sual opportunities. inl1er~ntin downtoWIi bydire<<;ting attention to all of its physical elements: public a:p.d private Qwldings, storefronts, signs, public'spaces, , landscapllig, merchandIsing, displays, and prtHl1otional materials. Its aipris to stress th~ importance of design quality in all ofthe~ea.reas, to edueatt( people about design quality and to eXpedite ~mprovements in the 'doWntown.: ' " .... . ~ EC()Q.oQ}!cRt1structuring strengthens downtown's .~~stil1g. . ecdn6niic~setswhi1~diversifying its 'economic base.rhisis' .' ae~on1plishedpy retaining ~dexpai1<liI1gexist1ng bU$iIi~~$~s to . proViqe a' balance~ comtnercialmix, hy converting u1iq~~aot.. undeniWizedSPtlceiIl,tQ productive property andby sh~rnening the. CPIp.p~titivenesstilidrrien~haridisiIig skills of downtownpu,siuyss peoplci .' '. . '. . ". " . '. ....... '. ". '" ...... .....'..... . .... .... '..... 'Pr9l1io(jQ1J, takesmanyform.S, but the aim is to' create <(pqsltive 'jJij~g~,:P1:or4~rt9 t~J.Qijdle'..conjmunitYpriq:e.intheqQWtQME:'.' .' .."p' ..,.,':........,;c...'.'...:.'.'.",'.ti....'.....:.:-.'...'.", ...:.......'.J..'...'..'..c... \'.1..',';,;:..:'::..'. '..'t.' ....,:.'....: .....'."..'.'..;...'.... . ".' '.' : 't'. ....:..1. ". ':al". ..... .....,' '.' . . t.' . '. 'd'. fi. .:.....;....tt.......";-<}i.l ...'....'.::.....'......:.'......d... t' ..... . ".'" .r9IJlP. . op.:$~~~' ,OlIllprovere aI . $ '. es, even. s. an " e$., Yi:1lS@, ". 0 .' ~re~te~a~:osi~y~ p~bi~c imag~ 'of tI:e downtoWn in' 'order to.a:tthlct Investors, developers and new bUSInesses. , . . . '. . . ; .' ~. .. . :' . -. :' 9rgap#~ti()n.,.estaplisp.es cOn.sepsus and cooperatio;nby;buildiIlg . . . p'~~rsp1p~cmloJ:lgtheva.rio~s groups that have ast~~i#,. ". 4()wnt()vyll/Thi~all()wsWe MailJ $treet tevital~ation'prc)graril to Ptoyid~ effective,op.gqing Jllanagementcwd advocacy ofth~.'.' .' . downtown. DiveJ:segro~ps frotnthepublic andprivatese'ctors' (city @dGQunJygovetnIIl/ents, local bankers,. merchants, the Chamber of . C()mlllyrce, prop~rty'owners,community leaders, and Qthers) must work together toereate and maintain a successful progra~. . -". . -- The Eight Principles of Main Street While the Main Street approach provides the format for successful revitalization~ implementatiou ofthefoirr-point approach is based on eight principles that pertain to all areas of the revitalization effort. These eight principles describe all Main Street programs: Comprehensive ' powntoWn revitalizati~n is a complex process and cannot be accomplished through a single project., For successful long-term revitalization, a , comprehensive' approach must be used. Incremental ,Small projects and simple a.ctivities lead to a more sophis~cated' . uncier$tandiIig of the revitaljzat,iori, proceSs aJ1d help develop skills so that mote complex problems canbe addr~ed and more ambitiou~ projects undertaken. ' , , Se!flHelp . ,LOcal leaders ll1usthave the desire and thewill to ~ake the project ~uCces4hl. ,The National Main Street Center and the state Main $treet Programs provide (~iI'ectiQn,ideas and training, but continued,and long-term success depends upon the involvement ah~ cOmnrlbn~nt of the COfnnlili1ity. " ' Puhlic/PriVClie[>artnership, Both the public and private sectors ha.ve avital ' intetestin theeconomichealt4 ari4 physical vi.ability of thedowntown~ Each sectQr has a ro~e, to plaY,ahd each must up.derstand the other's strengths and limitations so that an ' , effective Partnership, can be forged. ,lrjeiltifyiiJgand (}aplializing on Existing &$elS BuSiness districts muSt 6;ipitalize on the asse~ t4at niakethem mrique. Every district has Upjqrie <itlalities ~. " ,,' ','(llstincti,,~ptiildihgs)md humanscaIe that'give people a'sense ofbelonglDg. Thes~ local' - - asset,s illtiSt sfrve as the fopndatioIl for all aspects 9f the revi~zation pr9gram.' ' .~ f' , .. ..,. .. ,'QuiJIty QuaJ.Jry:inuSt be'elllphCiSized ill evety aspect of the revitalizationpr()gr~m. . ThiS applies equally to each eJement of the program, from storefront design to ' - promotional campaigns to educationci1 programs. ChiW.ie Changes ,in attitude and practice are necessaiy to improve current economic . ~on.ditioIis. Public sliPPOrt for change will build as the program grqws. Implemenf;Jtion,oriented, i\ctivity creates confidence in the program and ever- greater levels of participation. Frequent, visible changes are a reminder that the reVitalization effort is under way. Small projects atthe beginning of the 'program pave thewayfor larger activities as the revitalization: effort matUres. . From the Texas Main Street Manua12oQO ) . . . <> "- MAIN STREET ACCOMPLISHMENTS Partial list: . Applied to become a part oftbe Texas Main Street Program. We were accepted our first try. . Became a Texas Main Street City in January 2005 . I st Lady's Tour - Main Street Dedication Ceremony . Texas Main Street Resource Team Visit . Partner in "Christmas on Main Street" . 2007 Nationally Recognized Main Street Community . Close to $2 million dollars public/private money invested in the Main Street District . Fall Back Fest . Alliance Stars Program participant . Alliance Science Museum participant . Hurricane Katrina Cookout - partnered witb Volunteer Fire Department . San Jacinto Battle Reenactment downtown - Mexican Army . STEP grant for streetscaping & depot - partnered wlSB . HGAC grant for streetscaping - partner wi SB . 5 Year Strategic Planning MAIN STREET 5 YEAR STRATEGIC WORK PLAN SUMMARIES VISION STATEMENT: Main Street La Porte has re- emerged as a thriving downtown community encompassing an appealing hometown atmosphere in a unique historical bay front setting. ,..- MISSION STATEMENT: La Porte's Main Street Program revitalizes downtown through the implementation oftbe four-point approach of design, economic restructuring, promotion, and organization to encourage reinvestment, preservation and growth. Design - Goal: To enhance and improve the aesthetics of downtown through historic preservation. . Gateway Entries . Overall design for streetscaping . Main Street logo . Main Street Committee (ad hoc) . Signage guidelines . Building guidelines . Murals . Billboards . Educational booklet . Landscaped parking areas . Grants . Water tower . Art in public places . La Porte Shopping District Map . Christmas decorations Organization - Goal: To recruit volunteers, provide historic preservation and Main Street educational opportunities, and market downtown. . Main Street Committee members . Volunteers . Main Street Workshop . Nomination of Advisory Board Members . Write By-Laws . Review By-Laws annually . Main Street Celebration Economic Restructuring - Goal: To provide various incentives to maintain and recruit an appropriate mix of businesses for downtown. . Tax abatements, etc. . Inventory buildings' and owners . Business mix . Business recruitment . Low interest loan program . Establish a sign & paint grant . Bed & breakfast industry . Develop historic tourism . Parking study . Business networking lunches . Hotel . Museums . Neighborhood redevelopment . Business hours of operation . Conference Center Promotion - Goal: To attract locals and tourists to downtown through various events designed to create special memories for all ages. . Publicity . Develop & Maintain Web Site . Partner with area shopping malls and big boxes . Image campaign . Design Main Street Brochures . Marketing Blitz - to LPISD, surrounding schools, SJ, County & City employees and students . AdvertisinglMarketing Campaign - partnering with merchants . Preservation Awareness Week - May . Research surrounding community events · Determine desired festival mix · Tourism . Annual merchants meeting fA ~ ~STREETCOORDINATOR~ PROJECT WORK LIST As of January 29,2007 DESIGN Priority A . *Downtown Master Design Plan . *Branding for downtown . *Christmas decorations . *P & Z feedback on building usage . Beach House PROMOTIONS Priority A . *Preservation Awareness Bratten Thomason, THC Partnering with Heritage Society, Alliance, Bay Area CVB . _ *Cbristmas on Main Street . *Entertainment - Friday nights Priority B . Architectural Preservation Measures . Main Street Logo Priority C . Linear Park . TXDOT issues Priority B . San Jacinto Fiesta . 4th of July Priority C . Cruise line connections . Fall Back Fest - ECONOMIC RESTRUCTURING Priority A . Jon Schallert seminars - destination marketing . ED Seminar with Robert Johnson, THC . Building usage . HGAC Grant - La Porte Streetscape Improvements . A . T . R . B . C OFFICE ADMINSTRATION Priority A . RI summaries . Reports . Grant spreadsheets . Internships - U of H, IT _ Priority B . Follow up calls . Buxton Study Priority C . Cruise line connections - parking, transportation, etc. . Marketing Study . TlRZ Priority B . HGAC Grant - San Jacinto Texas Historic District, La Porte Star Priority C . Order supplies . Filing ORGANIZATIONIMARKETING Priority A . Web site . Image Campaign for La Porte . Cruise line marketing . - Houston Map - BA CVB COMMUNITY DEVELOPMENT Alliance . - Alliance Stars . Alliance & Museums Rotary . Rotary International Club . Rotary Youth Exchange Program Heritage Society . Insurance . Utilities & cleaning . The Book Project . Beach House . Old Church . Historic markers Texas Tech University . Micah's info. Main Street Association Bay Area Convention & Visitors Bureau Bay Area Houston Economic Development Chamber of Commerce "7 ED Committee Priority B . Main Street Workshop - for MS Advisory Board Members . Strategic planning sessions . MS newspaper articles 2004 Texas Main Street Reinvestment Summary La Porte Tbis report reflects wbich quarter. Oct-Dee 2006 (cumulative since 1/05) CITY Jan-Mar (due 4/10) / Apr-Jun (due 7/10) / ]ul-Sep (due 10/10) / Oct-Dee (due 1/10) I:ED/rr:'tQtriUtr:F;Rt.Y', ""i\i 1;,;:;,~;'C{jMULATIVE <: 'u.'"" I p. t S t It h biliti . P . t nva e ec or e a on roJec s number of buildings 1 A 15 B total expenditu:tes $10,000 C $149,800 D I... number of building, . . total expenditu:tes . I Private Sector N ew Construction :1 ZI '. number 9fbuildings/property total expenditu:tes Private Sector Buildin . AND/OR Pro e Sold I 8 J K $1,073,830 L C+G+K=M P+H+L=N .number of projects . fotal eXJ?~ndittites . Public/Private oint Ventures tracked since ear: o Q City Public Pro .ects tracked since ear: S 2 u $31,300 w y AA 1 tc $716,200 BE GG " II KK . mimbei" of projects total expenditJ;rl:es number of projects total experi.ditl.1res. riwnber of projectS . total CxJ?etiditl.1res llUmber of J?roj(# totai expenditures number of projects' total expenditures P R' T V X Z BB DD FF HH " Fax to 512f4()3-5862 S+W+AA+EE+II=.MM ~f T + X + BE + FF + JJ =:: NN Emaii to: m~st:reet-~eports@thc.state. tx. us TOTAL PUBLIC EXPENDITURES tracked since (year): II '001 $747,500 U+Y+CC+GG+KK=OO p~1 v + Z + DD + HH + I.L = PP II REINVESTMENT GRAND TOTAL . $10,000 QQI . $1,971,130 M+Q+OO =QQ N+R+PP=RR F-lO ~I TeXAS HISTORICAL COMMISSION P RESSRELEASE .' . CONTACTS: Debra Farst, 512/463-5758 Debbi Head, 512/463.'-4565 FOR Il\1J.\tIEDIATE RELEASE Il.ATE: November 17, 2006 TEXAS MAIN STREET CITIES RECEIVE NATIONAL RECOGNITION SANANGEL9, Texas - The Texas Historical CO:rnnllssion (THC) and the National Trust for Historic Preservation recently reCognized La Porte as one of the 52 National Main Street Cities in Texas. Other 2007 National Main Street Cities include: Amarillo, Beaumont, Beeville, Bowie, ;Brenham, Canton, Carthage, Clarks~lle, Clifton, Colorado City, Comanche, C~rsicana, Denison, . Denton, EleCtra, Elgin, Fairfield, Farmersville, Freeport, GeorgetoWn, Goliad, Gonzales, Grand Saline, '," .! . .' ! ." .' r . . . r .' . ,.,...-.. '. . . . . . . GreenVille, Harlinge~ Henderson, Irving, Keri-vil1e, La Grange, Levelland, LiVingston, Llano, LufJdn, . . . Lulfug, Marlin, McKinney, Mineo1a, Mount Venion, Nacogdoches, New'Braunfels, Qdessa, Paris, pecos,_ Phan:, Plainview, Rio Grande City, San Marcos, Seguin, Sonora, Taylor aridWaxahachie. "A lot-of hard work goes into achieving this recognition. Just as impQrtantly,therecognition- honors the many ~eople, including Main Street managers and volunteers, who put in ,countless hours to 'tnake'their Main Stre~t programs work. The result is an active and successful' downtoWn :revitali~ation - effort that benefits not only the Main Street district, but also the entire COlInllunity:' said Debra Farst, statecoordmator of the Texas Main Street Program. The cities were honored at the recent Texas Downtown AssociationlTexas Main Street Conference in San Angelo. The National Trust for Historic Preservation's National Main Street Center will honor these cities at the 2007 National Main' Streets Conference to be held in Seattle in March. -more- National Recognition, 2-2 Cities chosen as National Main Street Cities must show above average performance in 10 categories. The selection criteria focus on planning, staff and volunteers, preservation ethio, training and program assessment. For additional information, visit the National Main Street web site at www.mainstreet.org and the National Trust for Historic Preservation web site at tvww.nationaltrust.org. For more information on the Texas Historical Commission's Main Street program visit www.thc.state.tx.us. The THe's Texas Main Street Program is a revitalization program for historic downtown afld neighborhood commercial rlistric;ts. It is based on a four-point approac;h -'- org(lrii;a,tion, design, promotion and economicrestructuring, all within the context of historic preservation. Implemented in 1981, the program has a~sisted morethiin 140 communities throughout the state, For more infonrultion,cdntact Debra Farst at5121463-5758. The :Texas Historical Conunission is the state agency for historic preservation. The agency . administers a variety ofprogratris topreserye the archeological, histoJ;ical and cuIt!Jral resourCes of Texas. r. -30- www.thc.state.tx.us .'~ -' TEXAS~STREETPROGRAM NATIONAL ~ STREET COMMUNITIES 2007 TEN CRITERIA FOR NATIONAL RECOGNITION SURVEY In 1997, the National Main Street Center launched a new program to designate and recognize local revitalization prpgrams that 'have achieved identified standards of perforinance based on the Main Street FourPoint Approach. The overall pUrpose of the Texas Main Street ProgramlNational M~in Street ' COl.11Illunities recognitibn program is to provide national visibility to local Main Street programs that understand ap,d fully utilize the Main Street Four-Point Approach and Main Street Eight Principles and wmchcontinue to evolve organizationally to meet new challenges. Those cities that are recognized as a , National Mairi Street City will be able to use this title in marketing their COhnnunity. , ' , . .' 1. Brpad.-b;ts,ed publi~ support for the commercial (jistrict revitalization process, withsttong Sllpport froiril:>.oth public and private sectors. Byin,volving a broad range pf interests and p~l?ectives ,in, tlle revitalization process, the Main Streetprogram leveragest4e coII1D+uriity's collectiXe skills ,and resources to miiximum advantage. The goal is for all sectors topnderstahd ,aIlcl be pl:cil()sopl1ic~ly ~nnWttec1 to the gOwntOW11 revitalization process and C9II1111it the , m~tim reSources possible toachieye commercial district revitalization, arid s,ustained mapageD,1~nt. ,Pl~ase be sUre to Include youth-based groups or actiVities when considering colIlniunity support. , , '. . . <, , ' , At its best, a lOcal Main street program represents im.q involves a coalition of otgariizations, ag, ellcies,''hnsinesses and inQividuals frolil throughout the coriununity -.:..,. llQf juSt those who own,' ' ,property ~rh~ities~~s 4ifuecolnfuergal di~trictor who have a direct econ61lrlC tie, to it,brit all members of the C<?mmunity who are mterested in the commu,nity~s overall'health. Ipyolvement - by: boUl t\1e pu.bl~c ,an~ private sectqrs is Critical, as well; neither sector can revitaI~e the' ,:" _ cQ,Il)In,'erciaJ district Without Ute skills and vantage ppints, of the other. IdeallY; botl{seQtors ,Will , participate iniher~vitalization, P(ocess by providing fwlding, leadership, an(t ide~~,andby ei1coura~g ~~,~bor~ti6n b~tWee~ cxistifig prograIDS to assist the revitalization proCess: " , , '.. TheM<illI Street organization shoulq have .the active participation ofvario~s ~~e' , hoJqers ~t the eonnnittee and board levels. Please list the, sectors of the population ' that vourcoIrimitteesaIid board members represent. Examples' ate: local 'government regional planning groups te;;litbts , . property owners btismess owners local industries :flnl3Ilcial institutions transportation authorities developers CIVIC groups comrimmty and economic development .organizations conslimers churches, temples, religious :institlltions historic preservation organizations school groups and students architects and building contractors parking authorities district/neighborhood residents 2007 Ten Criteria Page 1 · Partigpants should contribute financial, in-kind and volunteer support for the revitalization program. Please give examples of these. · Participants should also look for, and act on, opportunities to make connections between other programs withwhich they are involved and the Main Street revitalization effort so that, ~ by doirig their own work a little smarter, or in a better integrated way; other programs help further the revitalization effort. Give examples oftbese p~erships. ' · The program should include an ongoing process for volunteer recruitment, orientation and recognition, constantly refreshing its pool ofvolunteers arid involving new volunteers each year. :List examples of your 'pfogntm'~ efforts in these volunteer recruitment, orientation and recognition areas. How has your community met this criterion? Lis~ specific examples of support. 2. Visi~uand missi6n statements relevant to conilitunity conditions and to the Ioc~ Main, Street program's organizatiollalstage. A vision statem,ent communicate~ the organization's long-term hopes~d intentions for the .co:rnmercial district. A'mission statement ciystallizesthe program's senoo'.ofptirpose and overall direction. , . ;Ple'aS~giv~~s, your vision and mission statements in the space below, or if they ate in printed form, highlight them and attach them to.tbis page. , 3., ,. ~o.IIlpt~hensive Main Street wO,rk plan. A comprehen~ive work plan 'provides a detailed blueprint D,O, t,. ~,,~,ti,vi,ti,', e"~,,r, . einfc, orcing the P, IOgr, am, ' s accoun" tab, ility,,' and,p, ro, vid,ing me, ., asur, ," ab,leob,' ~,,' eCti,' ',v, es, by,' ,',wl#c~t1i~ progqmi cantrack progress. It sh.o11ld CoptaiD. a balance of activities ineacp of the four ' prQad.p;~~aIll. ar~as that comprise the Main Street Approach-- design; orgaIlization, promotion and e~i16n1icrestn.lcturing. Activities and tasks should. be distributed to' a broa4 range of volunteers and p, iogr~p?r.ticiparits. This work plan sholi1d incltide: ' ' , " ' . ;;, _.".-' ;"-. '.-. -. .: ' , ." ill . ov~tall goa1~ for the. program, . ill measWable objectives identified by each coinmittee, ... . actio.n items for acbieving these goals, · responsible parties (list specific committee. member names beside the task), and -tiIDeIines. . ." coSts (opti'onal) Work-plans shouid be complete.ly e.valuated every 1-3 ye.ars to reflect new goals and challenges. W6rJ.c'plans'should be, at the very least, updated once a year. PleaS~ attach your work plan to this page. 2007 Ten Criteria Page 2 4. Historic preservation ethic. Historic preservation is central to the Main Street program's purpose. The historic buildings and public spaces of a traditional commercial district enrich civic life and add value, on many levels, to the community: Developing a his'toric preservation ethic is an ongoing process of education and discovery for a community aIld for a local Main Street program. Main Street programs which have embraced a strong historic preservation ethic are successful in saving, rehabilitating and finding new uses for traditional commercial buildings and in intensifying the uses of the district's buildings, through both specific building improvement projects and through policy , and regulatory changes which make it easier to develop property within the commercial district. Some Main Street programs purport to support preservation values, but do not fully understand that presery~tion is an ethic, not just an activity or group of activities. Historic preservation involves not only the process of rehabilitating, restoring or renovating older commercial buildings but also the process of adopting planning and land use policies which encourage full use of existing commercial centers before new development takes place, removing the regulatory and other barriers which sometime make it difficult to attract investment to historic commercial districts. Guidelines: · The program has, or is working towards putting in place,' an active and effective design managei:nent program (which may include financial incentives, design assistance, tax. abatements, design review, education and other forms 'of management). · The program encourages appropriate building restoration and rehabilitation projects. ~- ,- , 2007 Ten Criteria Page 3 5. Active board of directors and committees. The direct involvement of an active board of directors and'. committees is key to changing the community's attitude about its Commercial district. The Main Street director is responsible for facilitating volunteers, not for single-handedly revitalizing the commerCial district. Guidelines: · The board is a working board. · Corn.mittees actively develop and implement the program's annual work plan. · The Main Street program has a dedicated advisory body and it~ oWIlrules of operation or byla}V's, even if the Main Street program is a part of a larger organization; · Theprogram provides ongoing training for board and committee members. In the space below, ple~e.... .' .' .' ". ' .' · give us information about the activities of the board of directors and comfuittees. '. '. .'. . . .. . .. . . Attach one sample of the agenda and 'minutes of · ,bpardmee~gs, (lIld. '. '. .' , .'. ".'. ..' .... . "'. - committee meetings (froineach t)rpeof committee: Design, Organization, Promotions and Economic DeveIopm~ht),this year. , and, please attach a list of Jne~bers for the: 'Ii board, and · all Committees. ,6. .Adequate operating budget. Tqbe successfUl; a Main ~treet prograI1i must have, the.finat1ci~ " 'r~QUr~necessary to caIlY qut its wade plan;. The sh~eof a progr~' ~lJuqgel Wil~ ,change :.a.s' tb,e, ' ;'vjogramin:atures, andls'likeIy, t6 vWyit66iapigto regional econofuic diffetericesiuief Cqmni~ty SIZe. . ;: . Guide.1i.ne,s:, .; ,,',. ' . · . TheM$, Street program's blldgef should.beaqequate to achieve J:h~ prograJIl goals. ' . -'f4e Main Streetm@agcr should be paidaSalaryco,nsil?telltwith tho~e ()foth~rcommmvty d.eveloptnent profession~ls ~thintl1ecity;;8t~te qf region~ Wlrlch t~~ pro.gt@l oper~tei · The budget should be specifically dedicated for the purpose of revitalizing the cOmmercial district. ..'.. ". '.. ..', ' . " " . ." . '. ' , . . ' ...', · The Main Street program's budget'should contllin fi.lp.cIsad~uate to ~oveJ;' the salary- and ' fringe benefits of staff; office expenses, travelaild prof~si()nal devetopment~ " , - The dollar amolll.1t that is ~'adequate" foraprogramblldget.may vary from re&ion to region, depelidingon local costs ofliving, and may be different for, sml:lll cities, mid-size cities and urban cities.' .. Pl~se attach a copy of yow operating budget, plus any other funcIing you have aceessed this year, such as.Texas Capital Fund Main Si:reet Improvements Grant,.incentive grant funds,'etc.,lfyour budgeiinformation is included with other city departm.ents, please seQarate your budget from thi,s 2007 Ten Criteria Page 4 (and please indicate your salary specifically ifit is included in a larger total). Use the space below for any explanation necessary. 7. Paid, professional program manager. Coordinating a successful program requires a trained, professional staffperson who works full time. The most successful program managers are those who aregood communicators, good volunteer motivators, and possess good organizational and , management skills, which keep the program's many activities moving forward, on schedule and within budget. In the space below, · Please give us some eXa1l1ples of your professional skills inthe areas of communications" , volul)teer motivation, organization a.l1d management. Some managers. ate more comfortable having their board chairperson or a board member complete this section, · Please attach your most current resume (requited). , 8. Program of ongomg training for staff and volUnteers. hi order to meet new challenges and ensure a str()ng organization, MaID Street program participants need ongoing training. For this reason, the ' 81911s particifants or volunteers learn inthe progr<l1ll's beginning phase' are rarely adequate for the. ' groWth or management phases. As staff (fud volup.teer turnover ocCurs, new staff members and new.,. . '. '. -' '. . . volrinteer~ will need basic ~4 ongoit1g Majn Street tralning.,BotlI staffand v()lunte~~ need different skills fu different phases of the revi{alization process, and as staff and volunt~ turnover occurs, they Wjll need basic Main Street trainiJig. Participants also should stay currentori issues affecting commercial distrlcts,aswell as new revitalization techniques and models. Guidelines: The local Main Street prograin develops local leadership capacity through such mechanisms as... . . ..' , . ' ' · Taklltg advantag~ ofcitywide,st~te, reglollaland national trainingol'po~ties;. '.. Makfugreferenceand training m~terials availa~le lo'cally (~dusingtliem), and' , .. Proviilinglconducting training when appropriate, including'annual trallring, orientation for board and corInnitt~e Illembers, ~d ongoing training in dOWUt<:>WIl reVitalization' and , ' management. ' . . . . As ~,requirement in the Lytter of Agteemertt thaty()ur cityhaswith the Tex~ Maip,8treet Program, the Main , Str~et manager must attend at least tWo oftlJ,e training sessions listed bdow each. year. Please indicate/circle ' whi9h trainings you atten,ded: ., · Basic Manager or Graduate Manager T~aining (JanuarylFebruary); · Texas Historical COmmission A111iual Co.nference in the spring; · Texas DowntowuAssociation Mid-year Conference in the spring; · Main Street Summer Training; and · Texas DowntoWn ASsociation I Main Stieet Annual Conference (fall). Another approved training opportunity is National Main Streets Conference in the spring. , If you attended another professional conference/training (economic development conference, etc.) that you received approval for (by the Texas MaIn Street Office) to replace one of the above trainings, please list belQw: , 2007 Ten Criteria Page 5 ' . List trainings that your board/volunteers attended (i.e. board training and/or strategic planning). Also list any field trips that board members took to other Main Street cities. 9. Reporting of key statistics.: Tracking statistics, such as reinvestment, job and business creation, provides a tangible measurement of the local Main Street program's progress and is crucial to . garnering financial and 'programmatic support for the effort.' Statistics must be collected on' a regular, ongoing basis: · Attach a final copy of your most recent reinvestment figures. ~o. Current member of the Nation.. alMain Stree.tNetw. ork. You must be a membe.r of the. National Trust for Historic PresefvationIN ational Main Street Network in order to receive National . Recognition. Participation in the NationafMain Street Program. This membershipconnectslocai . prQgrams to their cOunterparts throughout the nation, providing theni with valuable information resources. :pl~ase list yoUr National Trust for Historic PreservationIN ational Main Str~et Network Membership Number: Expira,tiort Date: Yes, pleaseinc1ude month/year of designation . o. . . ,~ ,Have you received it Preserve America Community designation? - No Main Street cities Will receive a one-time extra credit for a PreserVe America designation. 2007 Ten Criteria - Page 6 7. Paid, professional program manager. Coordinating a successful program requires a trained, professional staff person who works full time. The most successful program managers are those who are good communicators, good volunteer motivators, and possess good organizational and management skills, which keep the program's many activities movingforward, on schedule and within budget. In the space below, · Please give us some examples of your professional skills in the areas of cOmmunications, volunteer motivation, organization and management. Some managers are more comfortable having their board chairperson or a board member complete this section. "1 have had the opportunity to experience Debra Dye's professional skills first hand through my work with her community. Debra Dye exemplifies the ideal downtown manager for many reasons. With her years of service in Main Street, she has become well versed in the necessary process for implementation that is often a challenge for downtown managers. She has strong skills in facilitation which are critical to the program's success. It is so important that downtown managers understand that their role is one of facilitation and not complete implementation. This is the very essence of creating ownership within the community for its downtown assets and for the implementation of such assets. Because Debra shows great strength in her ability to know when to react and when to lightly push projects and ideas forward, she has a great ability towards success in downtown. In addition, she understands clearly her role within city government and provides respect and loyalty where it is necessary in order to fulfill her role in Main Street. But, most importantly Debra holds a level of integrity that is exemplary for any professional. She communicates extremely well with all board members and respects their role in the revitalization process. She has a positive attitude about the future of La Porte and all its potential towards downtown revitalization and thi,s attitude is infectious. In my work with her, I have found her to be extremely well organized and professional and I am honored to make the comments in support of the cOinmunities Ten Criteria requirements." Mary Alice Torres-MacDonald Previous State Coordinator of the Texas Main Street Program, Current Professor at Texas Tech University, College of Architecture "1 havebeen associated with Ms. Dye with the City of La Porte for just over two years. She is very knowledgeable and experienced with the "Main Street" concept and is doing a terrific job of engaging and exciting our citizens with the possibilities for a re-vitalized downtown / Main Street La Porte. She has demonstrated a passion for the job and she is blessed with a great vision encompassing a great deal of exciting ideas. 1 am firmly convinced that with her guidance and vision that our Main Street program is going to be a tremendous success and will benefit our city in many positive ways." Alton E. Porter Mayor - City of La Porte "Debra has a vision for La Porte and the future of downtown. Pulling together ideas and input, she has refined a plan for Main St. and its direction. She understands the unique problems of the area and sees its strengths and weaknesses. Her message for its potential is unified and consistent. Debra tirelessly works with the many volunteer and service organizations in and around La Porte, building recognition for Main St. and Downtown revitalization. Her organization talents combined with steady, patient, and enthusiastic direction keep a connected flow for the board members. She invigorates participation in planning sessions from other city departments and groups. It has been an instructive and a pleasant experience, working with Debra. I look forward to the progress ahead." Vicki Campise, Main Street Advisory Board President "I have worked with Debra for two summers as an intern. While I have been with her, I have seen that she has a great vision of what our city can be and tries to express it to everyone. Most people that do come in contact with her, leave knowing that something good is going to happen to La Porte. With such a positive outlook and great determination, Debra inspires our citizens to put forth tirile and effort to make their own contributions to the revitalization of our downtown. As a previous Main Street Program manager, she has an amazing idea as how to direct and organize the MANY projects involved with grant writing, publicity, marketing and motivating every,onefrom a grumpy old IDfIl1 to the Mayor. Debra h~s been an exceptional coqrdinator and understands that a vision is where it all begins." ,- Karina Trevino, Main Street Intern Please attach your most current resume (required). - -c REQUEST FOR CI Y COUNCIL AGENDA ITEM Appropriation Requested By: John Joerns, Interim Cit Source of Funds: n/a Department: Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits:Draft Resolution and back up Amount Requested: Exhibits: Letter Supporting STEP Program and back UP Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION This resolution will enable the Mayor to direct the City of La Porte's legislative activities, absent specific positions taken by the City Council. This omnibus will be used by City staff as a guide for deciding the City's position on various bills. Fundamentally, this allows staff to write and/or testify on behalf of the City to protect the citizens against costs and loss of local control among other similar issues. Part A & B is the same content as the previous resolution passed by Council for the 78th Legislature. Part C is an additional consideration for Council. Staff recommends the adoption ofthis legislative omnibus for the 80th State Legislative Session with appropriate modifications by Council. This would allow staff the opportunity to more quickly respond to proposed legislation. Action Required by Council: Provide staff with direction regarding a resolution of the City Council of the City of La Porte, Texas adopting a Legislative Omnibus for the 80th State Legislative Session. Secondly, consider approval of a letter to our representatives supporting the reinstatement of the Statewide Transportation Enhancement Program (STEP) 107 John Joerns, Interim City Ma Date - RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS ADOPTING A LEGISLATIVE OMNIBUS FOR THE 80th STATE LEGISLATIVE SESSION FOR THE PURPOSE OF DEFINING THE POSITION OF THE CITY OF LA PORTE. OMNIBUS LEGISLATIVE POLICY A governing policy to enable the Mayor to direct the City of La Porte's legislative activities, absent specific positions taken by the City Council. A. The City of La Porte will support legislation that: 1. Furthers the principles of Home Rule and local self-governance 2. Brings additional revenue to the City of La Porte 3. Strengthens the ability of the City to act in the best interest of its citizens' health, safety, and welfare. B. The City of La Porte will oppose all bills that seek to: 1. Counter the principles of Home rule and local self-governance 2. Impose unfunded mandates to the City 3. Limit authority of the City to generate revenue 4. Create a loss of revenue to cities, or 5. Weaken the ability of cities to act in the best interest of its citizens' health, safety, and welfare - C. The City of La Porte will either endorse or oppose bills that are consistent with the Report of the TML Legislative Policy Committee on General Government. Passed by the City Council this 12TH day of February, 2007. CITY OF LA PORTE Alton E. Porter Mayor ATTEST: Martha A. Gillett City Secretary APPROVED: ,- Knox W. Askins City Attorney REPORT OF THE TML LEGISLATIVE POLICY COMMITTEE ON GENERAL GOVERNMENT 2006 I. Seek introduction and passa2e oflegislation that would: A. Provide for the following changes to Chapter 176 of the Texas Local Government Code (conflicts disclosure): 1. Include a de minimus or threshold amount of taxable income that triggers the requirement to file a conflictsdiscIosure statement. 2. Provide a reasonable, statutory retention period for statements and questionnaires. 3. Provide that questionnaires that do not indicate a conflict of interest are not required to be posted on a city's Web site. 4. Provide that interest received from a personal bank account or other investments is not included in the definition of taxable income. 5. Clarify that political contributions to a city official are not considered a "gift" for purposes of Chapter 176. 6. Clarify that a city has no affirmative duty to ensure vendor compliance, and that the failure of a city to receive a questionnaire does not affect the validity of a contract. 7. Provide an exemption for gifts received from family members. 8. Clarify that a vendor who is restricted by some other law from filing a questionnaire is not required to do so. 9. Provide that the term "contracts or seeks to contract" applies only to written contracts, rather than routine purchases. 10. Clarify that only the city councilor other body that actually votes to approve contracts entered into by the city are subject to the disclosure requirement. II. Provide that vendors who have no relationship with any city official. are not required to file a questionnaire unless and until such a relationship becomes known. 12. Provide that a purchase from a cooperative purchasing program is not subject to Chapter 176 requirements. 13. Provide that identifYing information relating to a public official's family members is confidential, as is the case under the Texas Public Information Act. 14. Provide that if a city charter prohibits a city official from having any interest in a contract with a city, the city is not subject to the requirements of Chapter 176. B. Authorize a city council to appoint a current councilmember to fill a vacancy in the office of mayor, thus overturning Texas Attorney General Opinion GA-0377 (2005). C. Exempt governmental mosquito control applicators from the full cost recovery requirements of the Texas Health and Safety Code. II. Support legislation that would: A. Establish a statewide disaster mutual aid system that would supplement existing mutual aid agreements. B. Provide full dollar funding for the Texas Commission on Law Enforcement Officer Standards and Education to enable the Commission to fully carry out its responsibility to help ensure citizens and visitors that Texas has the best-trained and most professional law enforcement personnel in the United States. C. Enable the use of competitive sealed proposals for the procurement of all goods and semces. D.. Enable the use of electronic notice of bid/proposal. notice to the public of bid/proposal opportunities. E. Provide flexibility in hiring entry-level firefighters and police officers in civil service cities. F. Allow a fire chief or police chief to increase the number of appointments immediately below the department head level in civil service cities. III. Endorse legislation that would: A. Require electronic reporting of pawn shop data to local law enforcement agencies. B. In the case of an arrest warrant related to suspected child abuse, protect the confidentiality of juvenile information and the identity of a person who reports alleged child abuse. C. Reduce appeals to third-party hearing examiners of suspensions of less than three days by firefighters or police officers in civil service cities. D. Provide reasonable time limits for firefighters or police officers to return to work after temporary disabilities or disability retirements in civil service cities. E. Allow negotiated retirements arising out of or related to resolution of a lawsuit against a firefighter or police officer in a civil service city. 2 F. Define a day as eight hours for purposes of the statute referring to sick leave and vacation leave in civil service cities. G. Provide six additional months of probation for participants attending an academy, whether they are certified or not, in civil service cities. H. Allow a ranking officer other than the department head to deliver a letter of suspension in civil service cities. I. Reduce the administrative burdens of Chapter 143 of the Local Government Code (frre/police civil service). J. Increase local parks funding to $25 million,. or more as appropriate. K. Enact the recommendations of the State Park Advisory Committee as published on August 24,2006. (please see Appendix A, attached.) IV. Oppose legislation that would: A. Erode the authority of a city to impose a civil penalty on the owner of a vehicle if the vehicle's license plate is photographed while the vehicle is running a red light. B. Change or delete any ofthe current uniform election dates. C. Impose additional state costs or fees in municipal court. D. Negatively affect the ability of cities to investigate pawn shops and stolen property, such as legislation that would require mandatory holds. E. Expand the municipal court collection assistance program to either: (l) include more than the 24 cities that are currently affected; or (2) require more of the cities currently affected. F. Permit waiver of appearance at a municipal court trial. G. Substantively change or expand the scope of the current disease presumption law. H. Impose expanded collective bargaining rights. I. Expand the current meet and confer law. J. Seek to limit management rights as they relate to personnel management. ~.-, K. Limit cities' ability to appeal the decisions of third-party hearing examiners in civil service cities. L. Mandate new or enhanced health care benefits or prescription drug coverage. 3 M. Mandate enhanced employment benefits. N. Make detrimental changes to workers' compensation law. O. Further erode municipal sovereign immunity. P. Subject cities to statutes of limitation. Q. Restrict contingent fee contracts between cities and lawyers. R. Prohibit indemnification clauses in construction contracts. s. Cut state funding of local parks grants. V. Take no position on legislation that would authorize, but not require, law enforcement holds on pawn shop goods. VI. The Committee also recommended that the TML Board form a committee of city officials to visit with the leadership of the Texas Department of Transportation regarding current access management rules. VII. The Committee also recommended that the TML Board form a committee of city officials to study the issue of insurance service office (ISO) ratings in unincorporated areas. 4 . . . TEXAS STATE PARKS ADVISORY COMMITTEE Hon. John T. Montford San Antonio, Texas Chair Hon. Clyde Alexander San Antonio, Texas George Bristol Austin, Texas Hector Gutierrez EI Paso, Texas Ann Hamihon Houston, Texas Hon. Al Henry Houston, Texas Ann Lents Houston, Texas Brad Locker Brownwood, Texas Michael Massey --Richardson, Texas ..seth McDonald Austin, Texas Sandy McNab San Antonio, Texas Jeff Roge!:s Dallas, Texas Andrew Sansom San Marcos, Texas Dianne Dies Schoch Austin, Texas Paul Serer Austin, Texas Carter Smith San Antonio, Texas David Woodcock College Station, Texas August 24, 2006 Dear Chairman Fitzsimons: The members of the Texas State Park Advisory Committee unanimously are pleased to present the attached findings and recommendations refated to Texas' state parks. Our desire is that the state park system embody the natural and cultural heritages that have long been the hallmark of Texas' best images to America and the world. As Texans have juggled a number of urgent public policy priorities in recent years, our state parks have fallen into neglect We risk failing in our role as stewards of our public lands, despite the work of a number of committed groups and Individuals. Taken as a whole, our recommendations call for a 10-year partnership between the people of Texas, its institutions and elected officials. We hope through these partnerships more can be accomplished sooner. Throughout our deliberations we used as our guidelines your original charges, working closely with TPWD staff to ensure that we contemplated current, accurate and realistic needs calculations. We heard from a number of experts in the various areas of tourism, recreation and needs assessment. We believe the results are an accurate reflectfon of how best to system- atically begin to address those needs. We cannot accomplish everything at once, but we can and must begin now. We believe that our recommendations are not only sound public policy, but they are also a sound economic investment. State parks attract 10,000,000 visitors annually, generating economic activity of $793 million in sales impact, $456 million in Texans' personal income and 11,928 jobs. We believe the appropriate source of funding for this endeavor is the "sporting goods tax," (that portion of the existing state sales tax derived from sporting goods) which was created in 1993 to serve as a source of support for our state parks. The sporting goods tax now produces over $100 million in revenues annually, enough to wholly support our recommendations. Texans and her visitors deserve and need access to recreational spaces. It provides respite in our daily lives and fosters the family values of which we so often speak. We ask that the Commission fully consider these recommendations. Sincerely, Ir Texas State Parks Advisory Committee , . . Texas State Park Advisory Committee Recommendations and Findings Executive Summary Texas Parks and Wildlife Commission Chainnan tasked the State Parks Advisory Committee with considering and making recommendations in four areas: Funding options to properly care for the existing state park system Any existing units of the system that might be operated by more appropriate entities .. The role of public-private partnerships in parks .. Options to secure the future needs for state and local parks identified in the TPW Land and Water Resources Conservation and Recreation Plan. Having divided itself into subcommittees and met over the course of several months in 2006, the Committee has set 10-year goals of funding and enhancement to insure that the State Parks of Texas are: Properly maintained Adequately staffed · Accessible to the people of Texas and their guests Attractive and attracting to out-of-state tourists These recommendations are made with an understanding that tourism is an important industry in modern Texas. and that quality of life issues are critical to maintaining a healthy economy and that natural and historical areas raise the spiritual, physical and values well-being of our citizens, now and in the future. 0_ 1 The State Park Advisory Committee issues the following responses to the Chairman's request for examination and advisement. Recommendation 1: The Legislature should appropriate all revenues generated by the Sporting Goods Sales Tax as well as other user fees and taxes presently directed to the Parks system and to the maximum extent possible, those fimds should be applied to the purposes intended. Recommendation 2: The state should issue all bonds already approved by voters to provide for state park repairs and maintenance. Recommendation 3: The state should pursue a major program of acquisition and development of new parks as well as the enhancement of existing parks. Recommendation 4: Texas Parks and Wildlife should continue to transfer existing units of the park system to local governments or other .entities where appropriate. Site transfers should not . take place except where there is a significant savings to the State of Texas and where appropriate requirements and restrictions are implemented for future uses of the site. Recommendation 5: Texas Parks & Wildlife Department should work with the Legislature, non-profit organizations and the Texas Parks & Wildlife Foundation to maximize and facilitate donations of private lands and dollars and identify and remove statutory and administrative hurdles to such donations. Recommendation 6: Texas Parks and Wildlife should continue and increase its emphasis on collaborative public-private partnerships. Projects such as Government Canyon State Natural Area, and the friends groups at State Historic Sites such as Washington-on-the Brazos and Casa Navarro in San Antonio, should serve as models for the Department. Collectively, the above recommendations would accomplish the following goals: · Provide funding for identified operational, equipment and local park grant needs (approximately $45,434,083 annually above current funding levels) Establish a ten-year capital program of major repairs and acquisition and development. This might be partially funded by bonds presently approved by voters. on a pay-as-you-go basis at approximately $40 million per year, or to avoid rapidly escalating acquisition costs, could be rmanced using new bonds, at an approximate annual expense of $34,340,000. 2 ,,c,,...._. · Adhere to the ten-year Land and Water Resources Conservation and Recreation Plan completed at the direction of the Legislature in 2003. Despite the dedication of a portion of the sales tax collected on sporting goods specifically intended to provide a funding stream for state parks, and voter approval of over $100 million in bonds to fund major repairs expenses, Texas Parks and Wildlife Department continually struggles to fund the minimum needs of our state's parks. Only $55 million of the bonds have been issued. The taxes on sporting goods generate over $100 million annually, yet less than one-fifth of that amount (approximately $20 million in FY '06) is appropriated to the Department. With proper funding, the Department could address current problems and create a solid foundation for the conservation and recreational needs of future generations. The revenues currently generated by park users and outdoor recreation enthusiasts through the existing "sporting goods tax" as well as other direct users taxes and fees, in large measure fund our parks. With improved existing facilities and additional parks, the committee believes that there will be an even greater return on Texas' investment in the future. These investments win result in a more effective park system that will generate even greater revenues in communities and regions associated with State Parks and State Historic Sites. 3 1 ~ ame Legislator Address City Date Regarding: Statewide Transportation Enhancements Program (STEP) To Legislator: It has come to our attention that the Texas Transportation Commission (TTC) has determined to reallocate funds that were earmarked for the Statewide Transportation Enhancements Program (STEP). Many communities, La Porte being one, depend on these grant monies to help beautify and enhance roadways to better enable businesses to flourish in once blighted areas. It is in the State's best interest to help historic business districts to become economically viable once again. We are strongly in favor ofthe TTC reinstating the original purposes of these funds to be allocated for enhancement and beautification projects. We request your support in these matters. Sincerely, Mayor Alton E. Porter Mike Mosteit District 1 Councilmember Louis R. Rigby District 5 Councilmember Chuck Engelken, Jr. District 2 Councilmember Mike Clausen District 6 Councilmember Howard Ebow Mayor Pro-Tern, District 3 Peter Griffiths Councilmember At-Large District A Tommy C. Moser District 4 Councilmember Barry Beasley Councilmember At-Large District B .,..- TDA- Texas Downtown E-News 1.8.07 Page 1 of3 Texas Downtowner E-News A member benefit of the Texas Downtown Association in this issue Pressure mounts for TxDOT to reverse Enhancement funding cuts SAVE THE DATE: 2007 Texas Downtown Revitalization conference announced Grant and Funding.Opportunities Resources and Educational Offerings January 8, 2007 Greetings! Happy New Year from the Texas Downtown Association (TDA). TDA has over 400 members involved in more than $1 billion in downtown revitalization projects. With an array of services ranging from direct assistance to a regional networking program, educational opportunities to grants, TDA continues to expand member benefits while maintaining one of the most competitive membership fee structures in the state. .~ TDA web site features largest listing of . Pressure mounts for TxDOT to reverse Enhancement _ downtown jobs in Texas funding cuts 2007 TDAmember survey and other news ~- The Texas Downtown Association (TDA) wants to hear from you. Please take a moment to answer a few questions in this quick and easy survey. Your responses help us ensure that we are addressing the issues most important to you. The survey will take less than 5 minutes. Take the survey now Get information instantly with the TDA 2/5/2007 Last week, Senator John J. Carona (R) of Dallas introduced a Senate Resolution calling for the Texas Department of Transportation (TxDOT) to restore funding for the Transportation Enhancement Program. Please contact your state senators and ask them to support Sen. Carona's resolution. Communities are also encouraged to attend TxDOT's monthly meeting in Duncanville, Jan. 25, 2007 (link to agenda).Attendees may sign up to speak at the open comment period. It's critical that your opposition to the funding cuts be heard. If you plan to .attend, please email info@texasdowntown.org. Link to the full text of Senator Carona's resolution . SAVE THE DATE: 2007 Texas Downtown Revitalization conference announced Downtown Fort Worth will host the 2007 Texas Downtown Revitalization conference Oct. 16- 19, 2007. The 2007 conference will be a 80(R) SR 2 - Introduced version - Bill Text Page 1 of 1 80R3199 CLE-D By: Carona S.R. No. 2 RES 0 L UTI 0 N WHEREAS, Efforts by the Texas Transportation Commission to influence the united States Congress and other states for changes in federal law relating to the statewide transportation enhancement program imply that the Texas Department of Transportation opposes this popular program it has administered for 15 years; and WHEREAS, Texans have embraced the program, which Congress established in 1991 to enhance the driving experience, as a way to improve the aesthetics of local roadways, affect the quality of the environInent in every region, and contribute to the livelihoods of countless Texas communities; and . WHEREAS, As the agepcy charged with. administering the program in Texas, the Texas Depa~tment of Transportation has a responsibility to ensure that money appropriated by Congress for scenic beautification, pedestrian and bicycle trails, and historic preservation is delivered to Texas cities and counties that depend on it; and WHEREAS, Rather than trim funding in all program categories, the Texas Transportation Commission has chosen to suspend the statewide transportation enhancement program and the evaluation of the 332 applications submitted for program funding in response to a reduction in federal transportation funds allocated to Texas; and WHEREAS, Though the.move.disregards the intent ,bE;:hind federal trapsportation funding, thecoromission ,has gone further. toadvpcate' for the removal of the. provision in federal law that requires a portion of federal transportation funds allocated to each state to be available only fortranflPortation enhancement activities; and WHEREAS, Texas is known for its beauty and history,. and Texans have traditionally prioritized the creation of scenic roads and trails and the preservation of the history of our great state to enhance the quality of life and strengthen the Texas economy; now, therefore, be it RESOLVED, That the Senate of the 80th Texas Legislature hereby request the Texas Transportation Commission to cease efforts to influence Congress and other states for changes in federal law relating to the statewide transportation enhancement program; and, be it further RESOLVED, That the secretary of the senate forward an official copy of this resolution to the Texas Office of State-Federal Relations and to the chairman of the Texas Transportation Commission. http://www.1egis.state.tx.us/tlodocs/80R/billtext/htm1lSR00002I.htm 2/5/2007 TDA-New TxDOT commissioners named Page 1 of2 Dye, Debra From: Texas Downtown Association [info@texasdowntown.org] Sent: Friday, January 12, 2007 1:50 PM To: Dye, Debra Subject: TDA-New TxDOT commissioners named .J L Governor Perry Appoints Underwood and Holmes to Texas Transportation Commission Governor Rick Perry has appointed Fred A.Underwood of Lubbock and Ned S. Holmes of Houston to the Transportation Commission. The five-member commission oversees statewide activities of the Texas Department of Transportation. - Underwood is president and CEO of the Trinity Company, a cotton bale storage facility. He is a vice president and past director of the National Cotton Council, and is a director of Plains Capital Corporation. He also serves as chairman of the Ways and Means Committee of the Cotton Warehouse Association, where he previously served as president. Underwood also previously served as chairman of Lubbock International Airport Board, as a board member of Covenant Medical Center and as a board member of the Lubbock Chamber of Commerce. Underwood received a bachelor's degree in managementfrom Texas Tech University. His term will expire Feb. 1, 2009. Holmes is chairman and CEO of Parkway Investments, a company that develops and manages real estate nationwide. He is a member of the Urban Land Institute, . previously serve~n. the City of Houston's planning .commission and was appointed commissioner of the Port of Houston Authority. In April 2003, Holmes was appointed by Gov. Perry to the Texas Parks and Wildlife C9mmission. He will resign that position to serve on the Texas Transportation Commission.. He alsoserved as chairman, board member and as an executivecommitteememberofthe Greater Houston Partnership, and as chairman of Commercial Bancshares, Inc. from 1986 to 2000, when the company merged with Prosperity Bancshares. He was chairman of Prosperity Bancshares, Inc. from 2001 to 2006. Holmes received his bachelor's degree and law degree from the University of Texas at Austin. His termwill expire Feb. 1, 2011. This appointment is subject to senate confirmation. _.::._- We will continue to keep you updated. The TDA web site contains all the important information that you need about the current Transportation Enhancement funding crisis. Link to more information about the Transportation The Texas Downtown Association appreciates all you do for Texas downtowns. You can easily forward this alert by using the "Forward E;maiJ" button at the end of this letter. - Sincerely, 2/5/2007 TDA - Your letter of support is requested Page 1 of2 Dye, Debra From: Texas Downtown Association [info@texasdowntown.org] Sent: Wednesday, January 24,20074:15 PM To: Dye, Debra Subject: TDA-Your letter of support is requested .J 'L Letters of Support Needed-Texas Downtowns to be Nominated to 11 Most Endangered List Greetings TDA member, Yesterday, the board of directors of the Texas Downtown Association voted in favor of nominating Texas downtowns to the 11 Most Endangered Places list to call attention to the Transportation Enhancements funding crisis. Issued annually by the National Trust for Historic Preservation to raise awareness of historic sites at risk from neglect, deterioration, lack of maintenance, insufficient funds, inappropriate development or insensitive public policy, the list marks its 20th anniversary in 2007. Since its founding, the endangered list has been one of the nation's most successful tools in the fight to save America's irreplaceable architectural, cultural and natural heritage. Texas courthouses were named to the list several years ago, which led to the creation of the successful Texas Courthouse Preservation Program. Texas downtowns, in many ways, have suffered greatly with elimination of Transportation Enhancem~nt funding. From. downtown preservation projects to sidewalk improvementpro)ects, hikeand bike trails ,in the downtown area to the Texas Heritage Trails Program, the elimination ofenhanc~ments funding has a devastating impact on Texas downtowns. Loss of the Transportation Enhancements Program translates to lost jobs, decreased ability to attract new businesses and tourists as well as a blow to the quality of life for yourcitizells. In order to make a successful nomination, we need your help NOW. Please take a moment to send us a letter of support. Here is what you need to do: 1. Write a letter on community/organization letterhead 2. Address the letter to: Richard Moe President, National Trust for Historic Preservation 1785 Massachusetts Ave, NW Washington, DC 20036-2117 3. Please describe the project or program that is affected by the funding cut. 4. Describe the consequences and effects of the lost funding and the expected _ impact on the community. 5. Fax the letter to Kim McKnight at 512.707.7495 and then mail to: 2/5/2007 TDA- Your letter of support is requested Page 2 of2 National Trust for Historic Preservation Office of Communications/11 Most Endangered 1785 Massachusetts Avenue, NW Washington, DC 20036 6. If possible, please email me a photograph that features the project that you were attempting to fund. All images submitted must be free of all copyright restrictions and should be at least 300 dpi. Email to info@texasdowntown.org. We need the letters right away so please act now. The deadline for the application is Friday and we're hoping to have as many letters and images as possible. We apologize for the short notice, but we are confident that with your help, we can call attention to the Transportation Enhancements crisis. Please visit the news section of our website for more information. (click here to link) For more information about the 11 Most Endangered Places List, click here or visit www.nationaltrust.org. Please pass this on to anyone you know may be interested and please do not hesitate to call me if you have any questions. The Texas Downtown Association appreciates all you do for Texas downtowns. You can easily forward this alert by using the "Forward Email" button at the end of this letter. Sincerely, Kim McKnight -- email: info@texasdowntown.org phone: 512.472.7832 web: http://www~texasdowntown.orgL , r Forward email Powered by Bl SafeUnsubscribe@ This email wassenttodyed@laportetx.gov.byinfo(Q)texasdowntown.orp Update Profile/Email Address I Instant removal with SafeUnsubscribe™ I Privacy Policy. Constant~. TRY IT FREE Texas Downtown Association I P.O. Box 546 I Austin I TX I 78767-0546 ,,- 2/5/2007 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 12. 2007 Appropriation Requested By: Michael Dolb Interim Director of Finance Source of Funds: N/ A Department: FINANCE Account Number: N/A Report: Resolution: XX Ordinance: Amount Budgeted: Exhibits: Resolution 2007- Amount Requested: N/A Exhibits: Budgeted Item: Exhibits: SUMMARY & RECOMMENDATION The City of La Porte intends to issue Certificates of Obligation Bonds for the following projects: Mainstreet Building Project $ 550,000 wl(I.P~J.r ~f!,c,. ~~, We are anticipating preliminary work to begin on these projects, and it is not desirable for us to ~ issue debt at this time. However, because we are moving forward with design, planning and IT engineering services, we recommend the City Council approve a resolution that allows the City to reimburse itself from future bond proceeds for expenditures that are made prior to the issuance of the debt. This is a position that we have taken on several other projects in the nast as recommended by bond counsel and required by federal law. The attached resolutions give us the option to reimburse ourselves from futurr certain costs associated with the above-mentioned projects. r \~ ~ Action Required bv Council: Approve resolutions declaring intention to reimburse certain expenditures with borrowing proceeds. Date ~f7 R-e!J)lfL/;~ ~tdI, D3 A RESOLUTION DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES WHEREAS, the City Council of the City of La Porte, Texas (the "City") has previously approved, and the City is proceeding with its Main Street building project, the general purpose and function of which is to provide space for (i) a visitor center, and (ii) offices for economic development activities (the "Project"), the maximum aggregate cost of which is expected to be approximately $550,000 dollars; WHEREAS, the City anticipates providing funds to permanently finance the capital costs of the Project by issuing after the date hereof its Certificates of Obligation, Series 2007 (the "Certificates"), which are currently expected to have a maximum aggregate principal amount of approximately $10,000,000, of which not more than $550,000 is expected to be used to pay costs of the Project and costs of issuance of the Certificates; WHEREAS, no funds of the City are, or are reasonably expected to be, allocated, reserved, or otherwise set aside in the City's budget on a long-term basis to pay the costs of the Project; WHEREAS, the Certificates will be payable from taxes levied, assessed and collected by the City for the Certificates; WHEREAS, the City anticipates that after the date hereof and prior to the issuance of the Certificates, it will be obligated to pay certain costs constituting expenditures properly chargeable to a capital account (under general federal income tax principles) in connection with the Project, including expenditures for design, planning, and engineering, the aggregate amount of will not exceed $50,000 (the "Expenditures"); WHEREAS, the money to be used to pay the Expenditures set forth in this Resolution is in the City's (1) Hotel Motel Fund, the general purpose and function of which is pay expenditure s to promote tourism in the city, and (2) Community Investment Fund, the general purpose and function of which is to pay expenditures for economic development, and such money is not appropriated for any other purpose; WHEREAS, the City reasonably expects that it will be reimbursed for the Expenditures with proceeds of the Certificates; and WHEREAS, after the issuance of the Certificates, it will: (1) evidence each allocation of proceeds of the Certificates to the reimbursement of the Expenditures with an entry in its books and records maintained with respect to the Certificates, and (2) identify in such entry the actual prior Expenditure being reimbursed or the fund from which the Expenditure was made. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: HOU:2652721.1 Section 1. The City Council of the City hereby adopts the findings set out in the preamble hereof and declares its intent within the meaning of Treasury Regulation S 1.150-2, as promulgated under the Internal Revenue Code of 1986, as amended, to issue approximately $10,000,000 principal amount of Certificates, a portion of which will be used to pay the costs of the Project, of which a maximum amount of $50,000 is expected to be used to reimburse the City for capital expenditures paid in connection with the Project prior to the issuance ofthe Certificates. Section 2. The City will maintain this Resolution at the office of the City at 604 West Fairmont Parkway, La Porte, Texas 77571, and make it continuously available for inspection by the general public during normal business hours on business days beginning within 30 days after the date of this Resolution. PASSED AND APPROVED this February 12,2007. Okb,--_L9~ Mayor, City of La Porte Lmt1M6 /lJ/~ City Secretary (SEAL) HOU :2652721.1 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februarv 12. 2007 Bude:et Requested By: nphrll Fp1I7pllp & nphrll n}'p Source of Funds: Department: CMO Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Purchase Agreement Amount Requested: Exhibits: Timeline Summary Budgeted Item: YES NO Exhibits Prgjed Ovenqew SUMMARY & RECOMMENDATION After receiving direction from City Council, staff has been further researching the possibility of purchasing property on the North side of Main Street at SH 146. This will provide the City of La Porte with an excellent opportunity to participate in jump starting revitalization efforts in our historic downtown. With these properties being in such a highly visible location, cornering on SH 146 and Main Street, they can easily become the gateway to our downtown as well as the site selected for La Porte's Star, as part of the historic tourism efforts made in this region by the Alliance Stars program. The Stars program is strongly supported by County Commissioner Sylvia Garcia, and will help bring recognition and attention to our community and downtown for our significant role in the battle of San Jacinto. As the HUD housing projects spurred private sector investment in the Northside neighborhood, we anticipate this investment by the City will generate additional private sector investment in developing our downtown as an arts and entertainment district with neighborhood services, to be enjoyed by local citizens and tourists. We have the opportunity to prepare ourselves for the additional tourism that may be generated with the new mega cruise lines that will be going in at Bay Port and the existing cruise line at Barbour's Cut, as well as the potential development of Sylvan Beach Park and a bay front Conference Center Hotel. Action ReQuired bv Council: c~~ o~b~ ~~rf Approval of items on agenda (I) Refunding Resolution, (2) Purchase Agreement, and (3) Lease Agreement. (}f( ~ ff<e-U"''t-S ,'te.c ~ ,Je.p[ d:CK.1 '1 uneil A enda Date ff7 ORDINANCE NO. 2007,-J..,Qt,7 AN ORDINANCE APPROVING A COMMERCIAL CONTRACT - IMPROVED PROPERTY AGREEMENT BETWEEN NEW LIFE CHRISTIAN FELLOWSHIP OF LA PORTE, SELLER, AND THE CITY OF LA PORTE, AS PURCHASER, ON THE OFFICE BUILDING AND RETAIL BUILDING LOCATED AT 908 AND 9 J.2 WEST MAIN STREET IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section J.. 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. 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 IJI- day of Leg By: ATTEST: ~1&~ Ma th A. Gi lett City Secretary APPROVED: i:{,4L -r ~ C ar T. Askins City Attorney C~\ OF LA P~ Ukh..-~~.V~ Alton E. Porter, Mayor 2 , 2007. Timeline Summary Purchase Agreement Some major timeframes in Purchase Agreement (not all inclusive). Pg2 · "Not later than 3 days after the effective date, Buyer must deposit $10,000 as earnest money with American Title Company. . ." · "Within 30 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions..." w · Survey "Within 45 days after the effective date:... Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. · UCC Search: "Within 30 days after the effective date, Seller, at Seller's expense, will furnish Buyer a Uniform Commercial Code (UCC) search prepared by a reporting service and dated after the effective date..." · Buyer's Obiections to the Commitment. Survey. and UCC Search: "Within 30 days after Buyer receives the commitment, copies of the documents evidencing title exceptions, any required survey, and any required UCC search, Buyer may object to matters disclosed in the items if:..." Pg4 · "Seller may, but is not obligate to, cure Buyer's timely objections within 20 days after Seller receives the objections.. .Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections..." · Delivery of Property Information: "Within 30 days after the effective date, Seller will deliver to Buyer the following items to the extent that the items are in Seller's possession or are readily available to Seller..." ~ · Inspections. Studies. or Assessments: "Within 60 days after the effective date, Buyer, at Buyer's expense, may complete or cause to be completed inspection, studies, or assessments of the Property, including all improvements and fixtures..." · Feasibility Period and Right to Terminate: Buyer may terminate this contract for any reason within 75 days after the effective date by providing Seller with written notice of termination... " Pg6 · Return of Property Information: "If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (i) return to Seller all those items described in ..." · Closing: "The closing of the sale will be on or before 90 days from Effective Date hereof or within 7 days after objections to title have been cured..." w · Estoppel Certificates: "Within 30 days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than Effective Date by each tenant that leases space in the Property." ~eb, 5. 2007 9: HAM Cl\y 0+ La ~orte \\0. I ~u I r. \ ..t~ ~ TExAS ASSOCIATION OF REALrORS@ COMMERCIAL CONTRACT -IMPROVED PROPERlY USEQF~ISFORM!f'( PERSONS 1M<<) AAE NOTMEMaeRSOF l'I1ETEXAS ~A110N OF R~TOR~ IS NOr AUTHO;w:etl. ClTI!lCIIS Ass.acNIIoa efREAL1ORSlD. __ 1. PARTIES: Seller agrees to sell and convey to Buyer the Property descoT'bed inrtjParat gthraph 2nt' Buctyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. he pa es 0 IS co ra are: S~lIer. NEW tIFE CHRISTIAN FELLOWSHIP Address: 908 West ~~in Street. la Porte. Texas 77571 ~~ ~ Buyer: Address: Phone: 2. PROPERTY: A. "Property" means that real property situated in at and that is legally described on the attached Exhibit CITY OF LA PORTE. a municipal ~o~poratlon 604 West Fairmont Parkwav. La Porte. Texas 77571 281.470.5017 F~ 281.842.1259 La Porf~. !;J.ur; ~ County, Texas (address) or as follows: The office building and retail building located at ~os and 912 West Main Street, La Porte Harris Co~ty, T~xas, and being legally described ~s Lots 9, 11, 12, 13, 14, 15, 18, 19: 20, and 21, all 1n Block 52, rown of La Porte, Rarr1S County, Texas, according to the map or plat thereof recorde1i in the Office of the County Clerk of Harris Co~ty, Texas, together with all improvements thereon Bituated; SAVE AND EXCEPT that portion of said lote if any. conveyed for right-of-way pw:poa:es as described in tbat instrument recorded in Vol~me 4569 page 4~9 of the Deed Records of Harris County, Texas. ' 8. Seller will sell and convey the Pro~ together with: (1) all buildings, .imprpvements, and fixtures; (2) all rights, prJvile.ges, and appurtenances pertaining to the Property, including Seller's right, title. and interest in any minerals, utilities. adjacent streets, alleys. strips. go~s, and r;ights-of-way; . (3) Seller's interest in all/eases; rentS, and security deposits for all or part of the Property; (4) Sellers interest in.alllicenses and p8l1J1its related to the~roperty; . (5) Seller's interest in all third party warranties or guaranties,if transferable,relating to the Property or a~.fixtutes; . .. . . . . . (6) $eUe(s.lntere$t in. any trade names, iftlJl1~f~rable, ll~eq in 99nneqion w.iththe PJ"()pertr, and (7) all Seller's tangible personal property lOcated on the Property that is L1sEi~ in connection with the Property's opetafionsexcept pe,rsencil prppeI'tYShoWDOD phor-Os attached as Exhibit "A~' (Describe any eXoBpti~~, reservations, or restifct;ons if} Pi3.fCJgiap~, 11. or an addeQdum.) (If the Propeityi$a.'CclK!o'!1!nili""attaC!1c.9i!<!~".!iniu'!1~eJ.~!~?.ifm..).' " /J l [F ~? rot- ' 3. SALES p~c~: Ator ,b~fore closing, B~e.~~l"pay the fOllowing sal~s:price for the Proper:tY: Lr'Pf?, 0 ~ c:, . 00 A Cash portionpayabl~fbyBuyerat-cfostng. ... _ . . . ; , . . . .. . . . ; . . . . . . . . . . ..$ . ~Q .000.00 B. Sunlof all.finariciri~described inP.aragraph 4 . . . . . . . . . . . . . ... . . . . . . . _ _ . .$ 0.00 '. . . - C. Sales priee(sum of 3A and 38). . . . . . . . . . _ . . . . . . . . . . . . _ . . . . . . . . . . . . . . . $ (TAR-1801) 2~-02 lniti""", to, ldentifiamon ",. ..,.# seDe,;Jl-~~ _ i 500.000.00 . . . Ii YC?t; OOD. D D /V(CF.4R--l ! ! , I I Page 1 of14 ;-hon,,-: Fax: I'roidIad'6ilhZIIlFonn....toy RE.FolmllNoC. u.c 'M:lSF~ Mile Read. ca.loftT_ho,loIIcIlJ!llI/l-4llalS, (<<lO) 383-9llO5 Commercial Cqntract - Improved Property concerning 908 and 912 West Main Street, La Porte A. D D : One or more third party loans in the total amount of $ In accordance with the attached Financing B. Assumption: In accordan the attached Financing A m, Buyer will assume the existing promissory note ed by the Property, which balance at closing wi! r Financin~: The delivery of a promissory note and deed of trust from Buyer to attached FiAaocing Addenrll.lm in the-amounL 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 10.000.00 as earnest . money with American Title Company. Deer Park. Texas (title company and escrow agent) at 5003 College Park. Deer Park.. TX 77536 (title company's address). Buyer will deposit additional eamest money of $ on or before: D (i) the day after Buyer's right to terminate under Paragraph 7B(3) expires; or D (ii) The title company is the escrow agent under this contract. , B. If Buyer fails to timely deposit the earnest money, Seller may terminate this contract by providing written notice to Buyer before Buyer deposits the earnest money and may exercise Seller's remedies under Paragraph 15. C. Buyer~may instruct the escrow agent to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE PODley, SURVEY, AND UCC SEARCH: A. Title Holicy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Titie Insurance (the title policy) issued by the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancie~, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: D (a) will not be amended or deleted from the title policy. IKl. (b) will be amended to read "shortages in areas" at the expense of 0Cl Buyer B Seller. (3) Buyer may object to any restrictive covenants on the Property within the time required under Paragraph 60. (4) Within 30 days after the effective date, Seller will furnish Buyer a commit'11~nt for: title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Selier authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. (TAR-1801) 2-6-02 In;'.led fo, Identification by BUY.p:- (/'C-~ Seller 4fJrft Page 2 of 14 Produced with ZipForm '" by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton T O'MlShip, Michigan 48035, ~800) 383-9805 Commercial Contract - Improved Property concerning B. Survey: . (1) Within 45 days after the effective date: o (a) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. 908 and.912 W~st Main Street, La Porte @ (b) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. D (c) Seller will .deliver a true and correct copy of Seller's existing survey of the Property. dated . Seller, at Seller's expense: D (i) will have the existing survey recertified on a date not earlier than . D Oi) will not have the existing survey recertified. Seller D will Dwill not deliver to the title company an affidavit required by the. title company for approval of the survey that states that Seller . knows of no changes or alterations to the Property as depicted on the survey. (2) The survey required under Paragraph 6B(1) must be made by a Registered Professional Land Surveyor acceptable to the title company. The survey must: . (a) identify the Property by metes and bounds or platted lot description; (b) show that the survey was made and staked on the ground with corners permanently marked; (c) set forth the dimensions and total area of the Property; (d) shoW-the location of all improvements, highways, streets, roads, railroads, rivers, creeks or other waterways, fences, easements, and rights-of-way on the Property with all easements and. ':rights",of"'-way referenceq to their recording information; (e};show any discrepancies or conflicts .in boundaries, any visible encroachments, and any portion , of the Property lying in a special flood hazard area (an "A" or "V" zone as shown on the current Federal Emergency Management Agency (FEMA) flood insurance rate map); and (f) . contain the Surveyor's certificate that the survey is true and correct. C. UCC Search: fK} (1) \^Jithln 30 days after the effective date, Seller, atSeller's expense, will furnish Buyer a Uniform Commercial Code (UCC) search prepared by a reporting service and dated after the effective date. The search must identify documents that are on file with the Texas Secretary of State and the county where the Property is Located that relate'to all personal property on the Property and show, as debtor, Seller and all other owners of the personal property in the last 5 years. o (2) Buyer does not require Seller to furnish a UCC search. D. Buyer's Objections to the Commitment, Survey, and UCC Search: (1) Within 30 days after Buyer receives the commitrllent, copies of the documents evidencing title exceptions, any required survey, and any required UCC search, Buyer may object to matters disclosed in the items if: . (a) the matters disclosed constitute a defect or encumbrance to title to the real or personal. property described in Paragraph 2 other than those permitted by this contrac.t or liens that Seller will satisfy at closing or Buyer will aSSl,lme at closing; or (b) . the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA); - . Initialed for Identification by Buyer I~L( seller-ML . Page 3 of 14 (TAR-1801) 2-6-02 Produced with ZipFonn"'" by RE FormsNe~ LLC 18025 Fifteen Mile Road, Clinton Township, Micl1igan 48035, (800) 383-9805 I;J!'; Commercial Contract-Improved Property concerning 908 and 912 West Hain Street, LaPorte (2) Seller may, but is not obligated to, cure Buyer's timely objections within 20 days after Seller receives the objections. The closing date will be extended as necessary to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Selier withifl 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(3)(a), will be refunded to Buyer. (3) Buyer's failure to timely object or term.inate under this Paragraph 60 is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: (Check A or B only.) o o at Seller's expense, will fZl B. Feasibilitv: (1) Delivery of Property Information: Within 30 days after the effective date, Seller will deliver to Buyer the following items to the eXtent that the items are in Sellers possession or are readily available to Seller. Any item not delivered'is deemed n6t to be in Seller's possession or readily. available to Seller. The items Seller will deliver are: (a) :ao.current rent roll of all leases affecting the Property certified by Seller as true and correct; (b) 'copies of all current leases pertaining to the Property, including any modifications, supplements, ''Of amendments to the leases; - .. (c) a.'current inventory of all personal property to be conveyed under this contract; (d)"'copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller 'Will not pay in full on or before closing; . . . (e) 7copies of all current service, maintenance, and management agreements relating to the ownership and operation of the Property;' (f) copies of current utility capacity letters from the Property's water and sewer service provider; (g) copies of all current warranties and guaranties relating to all or part of the Property; (h) copies of fire, hazard, liability, and other insurance policies that currently relate to the Property; (i) copies of all leasing or commission agreements that currently relate to all or part of the Property; G) a copy of the "as.;.built" plans and speCifications and plat of the Property; . (k) copies of all invoices for utilities and repairs incurred by Seller for the Property in the 24 months immediately preceding the effective date; . (I) a copy of Sellers income and expense statement for the Property from previous 2 calendar years ; (m) copies of all previous environmental assessments, studies, or analyses made on or relating to the Property; (n) real and personal property tax statements for the Property for the previous 2 calendar years; and (0) Initialed for Identification by Buyer j"lr f' ,_ seller~1..-- Page 4 of 14 (TAR-1801) 2-6-02 Produced with ZipForm '" by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035, (800) ~9805 Commercial Contract-'Improved Property concerning_ 908ap.d 912 West Main Street, La Porte (2) Inspections. Studies, or Assessments: (a) Within 60 days after the effective date, Buyer, ,.at Buyer's expense, may complete or cause to be completed' inspections, studies,' or assessments of the Property, including .all improvements and fixtures. Inspections, studies, or assessments may incll,.lde, but. are not. limited to: (i) physical property inspections (for example, structural pest control, mechanical, structural, o electrical, and plumbing inspections); (ii) economic feasibility studies; (iii) environmental assessments (for example, soil tests, air sampling, and patf.1t sampling);' (iv) engineering studies; and. . .' (v) compliance' inspections (for example, complian.ce determination with zoning ordinances, . restrictions, building codes, and statutes).. . (b) Seller, at Seller's expense, will turn on all utilities necessary for Buyer to make inspections, studies, or assessments. (c) Buyer must (i) employ only trained and qualified inspectors and assessors; _ (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that ~eHer may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be con1Pleted. (d)'!Except for.those matters that arise from the negligence. of Seller or Seller's agents, BUYer is .re~ponsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. ~Buyer will indemnify, bold harmless, and defend Seller and Seller's agents against any claim ,1\involving a matter for which Buyer is responsible under this paragraph. This paragraph survives :ttermination' of this contract. . . ,;,[1 (3) Feasibility Period and Riqht to Terminate: Buyer may terminate. this contract for any reason within ...,.-,- 75 i;- days after the effective date by.providing Seller with .written. notice of termination. '.If .!?t!yer qoes not terminate wi.thin th~ time required, Buyer accepts the Property in its present "as. . is'~ condition with any repairs Sellet is obligated tocbmplete under ~his contract. (Check only one b~J . . !1il' (a) If Buyer terminates under this Paragraph 78(3), the earnest money will b.e refunded to Buyer .. less $ .' 100.0:0 ..... . that S~llerwm r~tain asjnd~pend,e'!t C9[lsi,d.~r(3Ji911 ,{8r!:5uy~r's right to terminate. Buyer has t~[19~red.lheiQde.p~t1qent ~onsideiatidn to$e.lleruP9I1payrpentof th~ full amount speCified in .paragraph.stb.the;e~fc[ow:ag'e.rit The iiiclep'eh'denf'consideration [s:t6 be cred!ted t9 th~ sales priG,e.':orily uppn c!d$i~W 6ftqes~l:e. '.' '."", ".' .. ,.'" . ',' . . . .. > . ....: ~:~ ';" :., . " ,;(b).E~~y~r. hg,~Q?;i9, ~,~ll~F~. " ", ,',' .' " " ,..;,. ",.,'~~, jQgc~R~n.9~!lt;Q8P2i2~S~!iQPJ9r\ffi1~x~rs ..~g9,t :~~ terminate by, tendenng 's\lch . af!1ount drrectfy to 'Selle.r or$e!ler$- :~g:ent!tJ?liJygtt~Jm[nates . und7r thi$pa~aQraph}~E3($): t1)e:eaf!1~s~'f!1()t.'IeYVf~m:~7 'r~f~r;}ci~p,to,~ij"Y~r:a.l1d'~~!jEl~ ~W.;(e,t~~b the mdepen.cle.nt:cons,!d~rqtIQ!:LIqieAmt~p~nqeJlt 9?P$I.c~eratl()11 0 Wdf'[) WIll: nqtbe cr~'dltedJo thesates.prrceupori;do$Ing~tthe'!sa~e0,' ':.,:,:,'~;.'," '. "" "', ....... :.,' .-';", .~::J.,-., , h --.". Initialed for IdentifiCC!tion by Buyer . ';Jt-C r . $eller~----,- Page 5 of 14 ' (TAR-1801) 2-'-6-02 Produced withZipForm '" by RE FormsNet, LLC 18025 Fifteen'Mile Road, Clinton TO'MlShip, Michigan 48035, (800) 383-9805 . Commercial Contract _ Improved Property concerning 908 and 91? Wp~r M;:dp Street. La Porte . (4) Return of Propertvlnformation: n this contract terminptes for any n~ason, Buyer will, not I~ter than 10 days after the termination date: (i) return to Seller all those items descr~bed in Paragraph 78(1) that Seller delivered to Buyer .and all copies that Buyer made of those items; and (ii) deliver copies of all inspection and assessment reports (exCluding economic feasibility studies) related to the Property that Buyer completed or caused to be completed. This Paragraph 7B(4) survive~ . termination .of this contract. . (5) Contract Affectinq Operations: After Buyer's right t9 termin~te uflder Paragraph 78(3) expires, Seller may T10t enter into, anlerid, or terminate any other .con~ract that" affeCts the operations of the Property without Buyer's prior written approval. . 8~ BROKERS: A. The brokers to this sale 'are: Cooperating Broker License No. Principal Broker License No. Address Address Phone FaX Phone Fax . Cooperating Broker represents. buyer. Principal Broker: (Check only one box) o repres~nts Seller only., . . 0 represents Buyer only. o is an intermediary between Seller and Buyer. B. Fees: (Check only one box.) o (1) S"?ller will. pay Principal Broker the fee specified by separate written commiSSion agreement . b~:tween 'principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified im::the Agreement Between Brokers found below the partIes' signatures to this contract o (2) At the closing of this sale, Seller wiH pay: . Cooperating Broker a tqtal cash fee of: o . % of the sales price. D Principal Broker a total cash fee 'of: D % oUhe sales price. D The cash fees will be paid in . County, Texas. Seller authorizes . escrow agent to pay th~ brokers from the Sellers proceeds at closing. . . NOTICE: Chapter 62, TexasProperty Code, authorizes a broker to secure an earned commission with a lien ag"afnst the Property. C. . The parties may not amend this Paragraph 8 without the written consent of the brokers c;lffected by the amendment. . 9. CLOSING: A. The closing ofthe sale will be on or b~fore 90 days from Ef'fective Date .hereof . or within 7 days after obl~ctions to title have been cureq, whichever date is' later (the closing date). If either partY fails to close by the closing date, the Ilon,:-defaulting party may exercise the remedies in Parggraph 15. ... '" (TAR-1801)~-6-02 . ~r~ ~L~ IniUaled fqr Identification by B"l'ff - SeUec -"-At,~ Page 6 of 14 Produced wilhZipForm'" by RE FormsNe~ LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035, (800) 383-9805 Commerdal Contract - Improved Property concerning B. At closing, Seller will execute and deliver, at Seller's expense, a iii general [J special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefe.asible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property at closing: (1) with no liens, assessments, or Uniform Commercial Code or other security interests against the Property Which will not be satisfied out of the sales price unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) wIth no persons in possession of any part of the Property as lessees; tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. 908 and 912 West Main Street, La Porte C. At closing, Seller, at Seller's expense, will also deliver: (1) tax statements showing no delinquent taxes on the Property; (2) a bill of saLe with warranties to title conveying title, free and clear of all liens, to any personal property defined as part of the Property in Paragraph 2 or sold under this contract; (3) an assignment of all leases to or on the Property; (4) to the extent that the following items are assignable, an assignment to Buyer of the following items as they relate to the Property or its operations: (~) licenses and permits; (b) maintenance, management, and other contracts; and (c) 'warranties and gu?ranties; (5) a rent roll current on the day of the closing certified by Seller as true and correct; (6) evidence that the person executing this contract is legally capable and authorized to bind Seller; and certified copy of resolution by Church Board authorizing this transaction' and (7) any notices, statements, certificates, affidavits, releases, and other documents required by~this co:ritract, the commitment, or law necessary for the closing of the sale and the issuance of the title policy, all of which must be completed and executed by Seller as necessary. D. At closing, Buyer will: ' (1)- pa,ythe sales price in good funds acceptable to the escrow agent; (2) dEmver evidence that the person executing this contract .is legally capable and authorized to bind Buyer; (3) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close. the sale. .E. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the, current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 10. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete urider this contract, ordinary wear and tear excepted. Until closing, Seller will operate the Property in the same manner as on the effective date and will not transfer or dispose of any of the personal property described in Paragraph 2B or sold under this contract Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord-tenant at sufferance relationship between the parties. 11. SP~CIAL PROVISIONS: (Identify exhibit if special provisions are contained in an attachment.) (TAR-1801) 2-6~02 ver~ ,.,Lt-f- Initialed '0< Identification by BU~' ~ Seller ~~ Page 7 of 14 Produced with ZipFonn.... by RE FormsNet, LLC 18025 F~ Mile Road, Clinton Township, Michigan 48035, (800) 383-9805 Commercial Contract - Improved Property concerning 908 and.912 West Main Street, La Porte 12. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties anq rec;ording fees;. . (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) .preparation of the de~d and any bill of sale; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan ex.f>enses (for example, appliCation fees, origination fees, discount fees, buy-down fees, commitment fees, appraisal fees, assumption fees, recording fees, tax service fees, mortgagee title po!1c;y expenses, credit report fees, document preparation .fees, interest expense that Buyer's lender requires Buyedo pay at closing, loan related inspectipn fees, amortization schedule fees, courier feeS, underwriting fees, wire transfer fees, and other fees required by Buyer's lender); (2) prE?paration fee~ of any deed of trust; (3) recording fees for the deed arid any deed of trust; . (4) premiums for flood qnd hazard insurance as may be required by Buyer's lender; (5) . om~-halfof any escrow fee; (6) copy and delivery fees for delivery of the title commitment and related documents; and (7) other expenses that Buyer will pay under other provisionspf this contract. 13. PRORATIONS, ROLLBACK TAXES, ESTOPPEL CERTIFICATES, RENT, AND DEPOSITS: A. Prorations': (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenahts will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in th.e previous year. If the taxes for the year in which the sale closes vary from the amount prorated at c1o~iqg, the parties will adjlist the prorations when the tax statements for the year In which the sale doses become available. This Paragraph 13A(2) survives Closing. . (3) If Buyer assumes a loan or is takil1g the Property subject to an existing lien, Seller will transferaIJ reserve deposits held' by the . iender for the payment of tax~, insurance. .premivms, aild oL1!3f charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. Initialed for Identification by Buyer . . p . ,"'-- seller!/:t~ Page 8 of 14 (TAR-1801) 2-6-02 .', Produced v.ith ZipForm.... by RE FormsNe~ LlC 18025 Fifteen Mile Road, Commercial Contract -Improved Property concerning 908 and 912 West }fain Street, La Porte B. Rollback Taxes: If Seller changes the use of the Property before closing or if a denial of a special valuation on the Property claimed by Seller results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of Se'lIer. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 13B surv,ives closing. C. Estoppel Certificates: (1) Within 30 days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than the Effective Date by each tenant that leases sp'ace in the Property. (2) The estoppel certificates must state: (a) that no default exists under the lease by the landlord or tenant as of the date the estoppel certificate is signed; (b) the amount of the scheduled rents to be paid through the end of the lease and any rental payments that have been paid in advance; (c) the amount of any security deposit; (d) the amount of any offsets tenant is entitled against rent; (e) the exp irati cin date of the lease; (f) a description of any renewal options; and (g) D. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental paymen.ts, and other advance payments paid by tenants. Rents prorated to one party but received by the other party. will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent lis received. This Paragraph 13D survives closing. 14. CASUALTY LOSS AND CONDEMNATION: A. If any part of the Property is damaged or destroyed by fire or other casualty after the effective date, Seller must restore the Property to its previous condition as soon as reasonably possible and not later than the closing date. If, without fault, Seller is unable to do so, Buyer may: (1) terminate this contract and the earnest money, less any independent consideration under Paragraph 7B(3)(a), will be refunded to Buyer; (2) extend the time for performance up to 15 days and the closing date will be extended as necessary; or (3) accept at closing: (i) the Property in its damaged condition; (ii) an assignment of any insurance proceeds Seller is entitled to receive along with the insurer's consent to the assignment; and (Hi) a credit to the sales price in the amount of any unpaid deductible under the policy for the loss. B. If before closing, condemnation proceedings are commenced against any part of the Property, Buyer . may: . (1)' terminate this contract by providing written notice to S~lIer within 15 days after Buyer is advised 'of the condemnation proceedings and the earnest money, less any independent consideration under Paragraph 7B(3)(a), will be refunded to Buyer; or (2) appear and defend the condemnation proceedings and any award will, at Buyer's election, belong to: (a) Seller and the sales price will be reduced by the same amount; or (b) Buyer and the sales price will not be reduced. (TAR-1801) 2-6-02 In"aled foe Idenlifi",ijon by ~uyF- Sellee ~~- Page 9 of 14 , Produced v.ithZipFolTTl'" by RE FormsNet, LLC 18025 Fifteen Mil" Road, Clinton Township, Michigan 48035, (800) 383-9805 Commercial Contract - Improved Property concerning 15. DEFAULT: 908 and 912 West Main Street, La Porte A. If Buyer fails to comply with this contract, Buyer is in default and Seller may: (1) terminate.thi.s contract and receive the earnest money as liquidated damages, thereby rele.asing the parties from this contract; or (2) enforce specific performance, or seek other relief as may be provided by law, or both. B. If, witho~t fault, Seller is unable within the time allowed to deliver the estoppel certificates or the commitment, Buyer may: (1) 'terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(3)(a), as the sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(3)(a), as liquidated damages, thereby releasing the parties from this contract; or (2) enforce specific performance, or seek such other relief as may be provided by law, or both. 16. ATTORNEY'S FEES: If Buyer, Seller, any broker, or any escrow agent is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non-prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 16 survives termination of this contract. 17. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyers clos.ing costs, and any excess will be refunded to Buyer. S. If both 'parties make written demand for the earnest money, escrow agent may require payment of unpaid.expenses incurred on behalf of the parties and a written release of liability of escrow agent from al/ parties. C. If one party makes written demand for the earnest money, escrow agent will give notice of the demand by providing to the other party a copy of the demand. If escrow agent does not receive written objection to the demand from the other party within 30 days after the date escrow agent sent the demand to the other party, escrow agent may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the eprnest money and escrow agent may pay the same to the creditors. D. Escrow agent will deduct any independent consideration under Paragraph 7B(3)(a) before disbursing any earnest money to Buyer and will pay the independent considerati~n to Seller. E. If escrow agent complies with this Paragraph 17, each party hereby releases escrow agent from all claims related to the disbursal of the earnest money. F. Notices under this Paragraph 17 must be sent by certified mail, return receipt requested. Notices to . escrow agent are effective upon receipt by escrow agent. 18. MATERIAL FACTS: A. To the best of Seller's knowledge and belief: (Check (1) or (2) only.) Initialed for Identification by Buyer y{.,.Lf- seller-h,L (TAR-1801) 2-6-02 Page 10 of 14 Produced with ZipForm '" by RE FormsNet, LLC 18025 Fifteen Mue Road, Clinton T ovmship, Michigan 48035, (800) 383-9805 Commercial Contract - Improved Property concerning fX) (1) Seller is not aware of any material defects to the Property except as stated in the attached Property Condition Statement. 908 and 912 West Main Street,La Porte o (2) Seller is not aware of any of the following, except as described otherwise in this contract: (a) any subsurface: structures, pits, waste, springs, or improvements; (b) any pending or threatened litigation, condemnation, or assessment affecting. the Property; (c) any environmental hazards or conditions that affect the Property; (d) whether the Property is or has been used for the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground tanks or containers; (e) whether radon, asbestos insulation or fireproofing, urea-formaldehyde foam insulation, lead- . based paint,' toxic mold (to the extent that if adversely affects the health of ordinary occupants), or other pollutants or contaminants of any nature now exist or ever existed on the Property; (f) whether wetlands, as defined by federal or state law or regulation, are on the Property; (g) whether threatened or endangered species or their habitat are on the Property; and (h) any material physical defects in the improvements on the Property. (Describe any exceptions to (a)-(g) in Paragraph 11 or an addendum.) 8. Each written lease Seller is to furnish to Buyer under this contract must be in full force and effect according to its terms without amendment or modification that is not disclosed to Buyer in writing. Seller must disclose, in writing, to Buyer if any of the following exist at the time Seller provides the leases to . the Buyer or subsequently occur before closing: (1) any modifications, amendments, or default by landlord or tenant under the leases; (2) any failure by Seller to comply with Seller's obligations under the leases; (3) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or',damages; (4) any non-occupancy of the leased premises by a tenant; (5) any-advance sums paid by a tenant under any lease; (6) any:concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (7) allY amounts payable under the leases that have been assigned or encumbered, except as security for>'loan(s) assumed or taken subject to under this contract. 19. NOTICES: 1\11 notices between the parties under this contract must be in writing and are effective when hand-delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimil.e numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. 20. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person" as defined by applicable law, or if Seller fails to deliver at closing an affidavit that Seller is not a foreign person, then Buyer will withhold from the sales proceeds at closing an amount sufficient to comply with applicable tax law and deliver the amount withheld to the Internal Revenue Service (IRS), together with appropriate tax forms. IRS regulations require filing written reports if currency in excess of specified amounts is. received in the transaction. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith'in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will . submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph ~urvives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. (TAR-1801) 2-6-02 ~- {,L,e Initialed.for Identification by Buyer, _ Seller ~~ . Page 11 of 14 Produced with Zip Form '" by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035, (800) 383-9805 908 and 912 West Main Street, La Porter Commercial Contract - Improved Property concerning B. This contract is to be construed in accordance with the laws of the State of Texas. C. This contract contains the entire agreement of the parties'and may not be changed except in writing. D. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. E. Buyer 0 may ~ may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all of Buyer's obligations under this contract. F. Addenda which are part of this contract are: (Check all that apply.) o o o IXl o o o o o (1) Property Description Exhibit identified in Paragraph 2; (2) Condominium Addendum; (3) Financing Addendum; (4) Commercial Property Condition Statement; (5) Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards; (6) Notice to Purchaser of Real Property in a Water District (MUD); (7) Addendum for Coastal Area Property; (8) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway; and (9) (Note: Counsel for the Texas Association of REALTORS@ (TAR) has determined that any of the foregoing addendum which are promulgated by the Texas Real t;state Commission (TREC) or published by TAR are appropriate for use with this form.) 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance.. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, ortegal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the;;escrow agent receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: (TAR-1801) 2-6-02 A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situ'ated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, 333.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included as part of this contract. D. If the Property is located seaward of the Gulf Intracoastal Waterway, 361.025, Texas Natural Resources Code, requires a notice reqarding the seaward location of the Property to be incluqed. as part of this contract. r' '- c.F- Seller ~Cf--- Initialed for Identification by Buyer Page 12 of 14 Produced v.ith ZipFonn'" by RE FormsNet, LLC 18025 Fifteen Mile Road. Clinton TO'M1Ship, Michigan 4803S, (Boo) 383-9805 908 and 912 West Main Street, La Porte Commercial Contract - Improved Property concerning E. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra-territorial jurisdiction (ET J) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts .its boundaries and ET J. To. determine if the Property is located within a municipality's ET J, Buyer should contact all municipalities located in the general proximity of the Property for further information. F. If apartments or other residential units are on the Property and the units were built before 1978, federal law requires a lead-based paint and hazard disclosure statement to be made part of this contract. G. Brokers are not qualified to perform property inspections, sUNeys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such seNices. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Buyer's Kno~ W. Askir:s Seller's Attorney is Asklns & Asklns, P. C. Attorney is P.O. Box 1218, La Porte, TX 77572 phone: 281.471.1886 / 281.471.2047 fx Jim G. Fox Dover & Fox,P.C. P.O. B04 1005, Deer Park, TX 77536 Buyer: Seller: New EHe Christian Fellowship By /Ap ~ .By: Printed Name: Gregory L. Holley City Manager Title: President / Founder Title: Buyer: Seller: By: By: Printed NClme:. Printed Name: Title: Title: (TAR-1801) 2-6-02 Page 13 of 14 Produced with ZipForm"IM by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton T o'MlShip, Michigan 48035, (800) 383-9805 Commercial Contract - Improved Property concerning 908 and 912 West Main Street, La Porte AGREEMENT BETWEEN BROKERS Principal Broker agrees to pay NOT APPLICABLE (Cooperating Broker) a fee of $ or % of the sales price when the Principal Broker's fee is received. Escrow agent is authorized and directed to pay Cooperating ~roker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker By: Cooperating Broker l?Y: ESCROW RECEIPT Escrow agent acknowlE?dges receipt of: OA. the contract on this day . (effective date); DB. earnest money in the amount of $ in the form of on Escrow Agent Address: By: Phone: Fax: (TAR-1801) 2-6-02 Page 14 of 14 Produced with ZipForm'" by RE Forms~et, LLC 18025, Fifteen Mile Road, Clinton Township, Michigan 48035, (800) 383-9805 ! '.; EXHIBIT IIA" PHOTOGRAPHS OF PERSONAL PROPERTY TO REMAIN WITH THE PROPERTY, AND BE CONVEYED BY SELLER TO BUYER, AT CLOSING. Set bsi~4l,cJ ec/ on fh ~ -f 100 ( . Feazelle. Debra From: Sent: To: Subject: Knox Askins [kaskins@houston.rr.com] Monday, February 12, 20074: 15 PM dyed@laporte.tx.gov; Feazelle, Debra; feazelled@laporte.tx.com Exhibit "A" "EXHIBIT "A" Photograph of the personal property to remain with the Property, and to be conveyed by Seller to Buyer, at closing. The property shown on this photograph is not all inclusive. Representatives of Seller and Buyer shall walk through the Property prior to closing, to determine which additional personal property shall be conveyed by Seller to Buyer at closing, and which personal property shall be retained by Seller. /U~ uh: io~1 A 5l). bs+; -fuAeJ en ~e --{lool. 1 , 01(15/2007 MON 1~:13 FAX ..l~t:':'10 07 04:40p @ o p.18 01/04/Z007 THO 13:28 FAX ~ 0011001 '. TEXAfl ASSOCIATION.OFRBALTOM@ . COMMERCIAL PROPERTY CONDITION STATEMENT 1SSe000"TIiJSi:0fUlS'l"~"',DJlllSRClTJEM3ERS~~~'nl:>>lO"..,::,Al.TQ;l$:ll>!", tlOT~. __..AsI:ceIsIloatlrSEAt..,.OllSP,IIK:.%OO& . CONCERNING -me PROPERlY AT: q 0 f . tU. 1YIth.- ).fa U-Iz 7;4. '7 ~Ji/ THSS as A DISCLOSURE OF THE SEllER'S KNOWl.ED(?E OF THE CONDJ11ON OF TH~ PROPERlY AS OF THE DAlE SIGNED IT IS NOT A suasmUTE FOR AN.Y INSPECTIONS OR WARRANTIES A BUYER OR TENANT MAY WISH TO OBTAl~ IT IS N9T A ~RAtfiY OF MN KIND BY ~ELLER, seLLER'S AGENTS. .,\ OR MN OTHER AGENT. . PART t _ eomDkdD If Prooartv Is (rnDi'Cl\Ped or U1IlmDJ'oved Awai'a Not J!,,,:Jw~:~ Are you (SeJler) aware of; . (1) any of the following environmental conditions 'on or sffec:ting the Property: (a) radon gas? . . . . . : . . . . . _ . . . . . . . . . .. . . . . . . . . - - - . . . . . . . . . - . . . . . . . . . . - . . .. 0 (b):"=~.__. "'_' __.... _...... :..................... ...... 0 ~ .' (if). non-friable oomponems? . _ . . _ _ . _ _ . . . . . . _ _ . _ . . . - . . . . . . . . . . - . . . . .. . . - .. CJ 'Id' (e) urea-fo~dehyde insu~? . . . . . . . . . " ow . . . . . . . . - . . - '. - '. . . . .... . . . ~ '.' - . . . .. 0 -' ,~ . (d) 'endangered. species oftl1eirnabitat?. :.. .-.. - _ -- -. ... ., . -.. .;. - ~:'~ ~.-::~' ~. .'~. .: 0 - - ~ (~) weU8ads?........ _ . . __ . _ . . . :. : . .'. _ . . --..... . . . - . . . . .. . . . . - , - -'. .: .' --- . . -' 0 ~ ,&J undergr'O~JI~d storage tanks? ...... . . . . . '. . . . . . . . . . . . . . . . . . . . -. . - . . . . . . . . . . . .. 0 l!::f' ~)) leaks in any storage u,nks (underaroundor above-ground)? - "' . . . . . , . . . . .'. . . . . . .. 0 ' ~ V I lead..tr.ilsed paint? :. . . . , . . . . . . . . . . . . . . . ; . . .: . . . . . . . . . . . . . . . . . . . . . . . . :. .. 0 ILl" (i) hazardoUs materials orioxicwa$? .... . . _ .. . -.... .'. .. . .. . . ... . . ..~. ...... .. 0 IiJ:"" (j) . open or closed landfills 0llI or under the surface of the pO?perty? .,. . . . . . . . . . . . . . . .. n ~ (1<) e$rn:al ccndlUons rnStenaKy and adversely oIfecting the Property such as nearby landfills; smelting plants. burners; storage facilItIes ottoxIc or hazardous . ma~ls. ref"1tl~, utI'Ilty 1:J:a,nsmission lines. .mills. feed Jots. and the Uke? - - . . - - - - - - - 0 (~) any activity reI~ting ~o ~ or excavation sites for oil. gas. or other minerals? . . . . . - 0 (2J previous anvlron~1 containfnation Ihatwas on orthet materially and aduerseJy affected the Property, InclUding but not limtted to previous envIronmantal conditions fISted in Paragmph 1 (a)-{.t)? . _ . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . .. 0 (3) any part of the Property lyIng in.a special 'flood hazarq area {A Qr V Zone)? . ~ . . . . . '. . . . . .. O/" (4) any improper drainage onto or awa~ fro~ the Property? '.' . . . . . . . . . . . . . . . . . . . . . . . . .. Ii1 (5) any fault fine or near the Properly that msterisIly and adversely affects the Property? . . . . .. 0 (G) outStanding mineml rights, excep6ons, or resetvations of the Property held by others? . . . .. 0 (7) . sir sp~ca restrictions or ea5<:o...e. .is on or affecting the Propsriy? ,. _ . . . . . . . . . :: . . . . . . . -'.. l:J (6) unrecorded or unpJatted sgreema,ts for essements utilities or access on or to the Property? .. . . ; . . . . , . _ . _ . . . . . . . . . . · , 0 .. ._..................,,_.........~a..._.. ~ (rA'M'""'l10-18-llS ...... """,.,... MT enant: and Sel",t tq "'. ~ <t- Page 1 of 4 'It LIlfc_~ 1.1At.,"'ry-"-'''1'''' ~Nl:)STJtEE1': r........... - '1:U"-"1 j::1V P~.>>t.m.e6.s5 ~ "')ltf.A71Jnl. XIRCBASE.zlX ~ "'~ ZIp!'""","" by mtS'o~ U-C'%B1I2S FIfteen MVe Rned. Cllntan ~ Mlcblq.sn 4lICS5. (BIlIl) ~S8ll5 ~:rl~ ""'" . ~ er- ~ 0/' ~ ~ V ~ .~ ~Dfil/002 i#~~ 7;k.:Z?S-:/{ , ' A~~ (9) special districts in Which the property lies (foqooample, historical districts. development -- - districls, extrstenitorial jurisdie5ons. Of' others)? . . . . . _ _ . _ . . . _ _ . . _ , . . . - . . . . . . . . . . . .. 0- (10) pending changes in zoning, resmctions, or in physl~1 usa of the Property? . . , . . . - . . . - . .. 0 (11)your-reoeipt ~ any notice concernins any likely conclemriation, plsnned streets, , highwayS. raill'Oads, or d~sfopmsnts 1hat would materially and adversely. affect the Property (inolucflllg acCess or viSb~ty)?.. . . . . . . . . _ . . . . . . . _ . ; . . . . .. . . '.' . . . . . ... . . . - 0 - (12) lawsuits affecting title to or use or enjoyment of the I='roperty? _ . _ . . . _ _ . . . . . . -. - . . . . - .. 0 (13) your receipt of any written notices of violations of i:oning, da:ed rsstrictions, or government regulations from EPA. OSHA. TOEQ, or other government agencies? . . . - . - . - 0 (14) c;ommon areas otfaCflities affiliated with the Property co-owned with others? . . . . . -. . . . ., 0 (15) an 0IIYJ1eTS' OT tenants' association OT maintenance fee or assessment affecting the - . Prope:rty'? . . . . . . . .. ... . . .. . . . ... . _ .. . .. . . . . . .. . .. .... . . . .. . .. .. ... .. .. p .. .. ... _ .. .. .. .. .. . .. ... .. . . . , . .. .. - - -.. 0 If aware, name of association: Name of mar)agei. Amount of tee or Cl6$~U1ent: $. per Are fees current through the da!e of this notice? 0 yes 0 no 0 unknown . ,(16) subsurface structures, hydlaUlic: liftS. or pits'on the Property? _ _', . . . : . . _ . . . . - - _ . . . - - - . - 0 (17) iI;1tetmlttent ~r ~eather ~s 1I1at affect the Property? . . . , . . _ . _ ' _ . _ _ , .- . . - - _ . . _ _ . ~ __. 0 (~-8)any material det$cl'in any'lrrigstian system. fences, or- signs on the Property? _ . . _ _ _ . . . .., 0 ('19) conditions on or affecting the Pmpeny that matenally affect the health or safety of : an on:fUlSlY Individual? . - - . . . . _ - - _ . . . - - _ . _ - ... . , _ . . ~ _ _ _ ~ _ 00 - - - . - ,'. .'. - . _ _- . . - - - . .. CJ If you are aware of any of the conditions.~sted above, explain. (AftaCh additional information if needed.) 'tIt 7J:. I . '~'~ =ltif ('., I 1If'___tj i ~ . ih1flAF I Y <<~;1J~ ~o - +0 . S~p+ . f)u-p -tn. ~ ~{/Vj ~nIlJ~'y\~~"-k>--d. "'f\:e_ ~a.N',e.., ___ eAlL'tV4ee-#,e.. ~ l~~"'t' ~.p ~/Qpd {J.Jq/~ti ~.M ~I-P)' Pf-lit','!'] Jiefl_lJC-( 5~PA1~~ PA~ 2 - Comolete onlY if PrCD9rtV is fmcroved, - A. Are you -(Seller) aware m: any material defects in any of the rorrO\'Il'ing on the ~-? Not' NDt (1) structuralltetps: " Aware Aware AImb (a) f,?undatIon systems (sIa~, cOlumns, trusses. bracing crawl spaces . . piers. b~ms, footings. ratain1ng waDs, basement, gra:ding)? _ . 0 _ 0 . : _ _ . _ . . _ _ Q (b) exterior waUs? . . . . . . . . . - - . . . _. . . . . . . . . . . . . 0 0 (0) firepfaces and chimneys? _ _ . . . . . . .. _ . . . . _ .'. . :.' : 0-' . . . . . . . . . . . . . . ~ . . . .....................-.. 0 Cd} rocf, roof structure, or attic (covering, flaShing. sl<yltghts insulation roof penefraflons. venttlation, ~rs and downspouts. declQ~)? . . . . : . . . . _ . _ _. 0 (e) Windows. ~OOTS, plate glass. or canopies? '.~"" _ _ _............... ~... 0 O~/1~/~J07 MUN 11:13 ~AX Jan 10 07 04:41p @ o 01104/20D7 THU 13:29 FAX . commen:ial Property Condition Statement ~nc.=ning 9~ t /JJ I Mtl/AJ ~ o ,~ 0 Vo . /. ~_.. , Cl:AIM408} 1o..1B.OS Initialed by ~orTel'lam: . and SeJlertf"t.t..f ~ c<J.III1' "-iVCl!:Cf uriU> 2iI:>Fonn'" by ~e ~Nel tLC 1S025 i=iftoeft MIle . n T_hb. M'ochlgan.lS~ (SOO) 383-9!!35' ~..:.._ ""'" ~UUo\)I'UUI 'p.IS Not Aware ~ ~ ~ ~ .Q-/ g/' . 0/'" -~ CJ-'- ~' n ~ Page2of4 PUll.CW.S~ ....s=...... Ul./i~('~!J!J~ !l1~I"l_ ~lo: ~4 J!Al>.. -. .-- - ..- - o ~ Jqn i 10 07 04: 41p @ o p.20 commcrcbl Propcriy conditlODoSwwrnenf =ncaming 9tJ gr /JJ I flIl d. / AJ ~OD2JOD2 4ftJI:fe "Yf_ ~?~71 01/04/2007 THU 13:29 FAX (2) ?lumbina S~ (a) water heaters or water softenerS? . . . . . . . . . . -. . . : . . .'. .. :. . . . . . - - . .. . .. 0 (b) supply or drain lines? . . . . . . . . . . . . . . . . . . . . - - - . . . . . . - . . . . . . . . . . . . .. 0 . '0.' 'iauce!ts. fixtures, 'Or cdmmod~? . . . . . . . . . . . . . - . - . . . . . . . . . . . . - . . . . . -. 0 .\::I I : (d) private sewage systems?.. .",.. .. . . . . . .. . .. . , . . .. ... . . ...' .... . . . . . . . .. D [J -(e) pools or spas and ~uipme:nb? . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . - - . .' 0 Q (f) sprinkler systel'11$? . . . . . . . _ . . . - . . . . . . . . . . . . . . . - . . . . . - . . , - - . . . . - . -. 0 0 (9) water coolers? .. . . . .. . . . _ .. . . . . . . . . . . . . . . . . . . . . . , . . . . . . .'. . . . . . .. 0 0 (h) private wat~rwen$? . .. . .. _ . . . _ . _ . _ . _. _ . . . . . . . . . . . . . . . . . . . . . . . . . . - 0 0 (i) pumps Dr sump pumps? . . . . _ . . . . . . . . , . . . . . . . - . - . - . - . . . . ~. . . . -.' . .. O/' 0 (3) HVAC Svsfems: any cooling. h~g. or venb1a1ion systems? , . . . . . . . . . . - - .... l[2(- 0 (4) E1ac.trlcal SVstems= SEliVicedJ'DPS.# wiring. ronnections. eonducf.crs.opiugs. /' grounds. power, polarity. switches. light fixtures. or junction. bt;lxes? . . . - . . . . . . . . 0 ll1' 0 (5) other SVstems Of Items: (a) .seCl.llity or fire detection systBms? _ . . _. . .. _.. . . - - - - . -" . . - . - - . . - . :.. 0 0 "~ O -~ (b) porches or decks? . _ . . _ . . - _ . - . . . .: - . . . . -.. - . - . . .- '0- . - . . . . . - - - . - . - . .. O. IB""" (c) gas lines? . .' _ . ~ _ . . . . _ - . . o. . . . _ . _ . . _ . _ _ '. _ . _ _ . _ ._ _ _ _ _ . . . . _ _ . . . _ . . _' 0 ~ D (d) garage d09fS.and dooroperawrs?.. co................ ..... ..... ..... 0 0 ~ (e) loading dOor.;; or docks? . - - ~ . . - 7 . . - . . . . - - - - . . - . . ~ . . . .. . . . .'. . ',' . . - . .. 0 1:::1 (f) rails or-overhead cranBS? - -- - - . -. -... ., - ..... .. .......... .. ... .. ... Q a ~. (9) eJevatora oreseaJators? .. - -.. ,.. .. ... ... -.. -. -. ...... - '.' . .". -' .... CJ Q ~ .(Il) parldng liiUQSS, drives. steps. walkways? . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . .. 0 ~ ~~_ (i) appHances or bUIlt-in kitctlen equipment? .. . . . . . . . . . . .. ~. . . .'. . . . . . .. .. J:J CJ ~ ~f yo~ ar~ awa~e o.f material d~ in any of the items listed under Paragraph A exprain. (Atts6h additional information if needed.)' I -t! '=F =J:; I J .3 tI.. IJ I A I S C!.-od t 0 J;J , '1 · (J... ~ be. ~ (' IIllEt- '=Fk ~ I . =tp { .~ S-t ",.. P f-A! s-i:-'i::(lt4j. # Ncrt Aware A\I!lAre 7 Not ~ o ~O IZr .~ ~ .~ ~. ~. o e. Are YO'''' (Seller) aware or. . (1) any of the follOWing water or c.frai!Jage conditions materially and adversefy effecfing the Property: (a) groundwater'? .Opw..._.'-__...:......... . (b) water penetration'? .. .. .. . __ . . . .. . . . h . _ ~ : ~ ~ ~ : .. . .'. . . . . . .. . .. . . . . .. ~ . . . . . (e) p~ous flooding orwater drainage? . _ . . . _ : _ ~ . .. :.. - . . . . - . - - . . - - - - . . . . . . - . . (d) soil erosion 01" water pending? . . . - ~ _ _ _ . . . . _ . _ . r ~ : -.. . . . . . . . . . . . . . . . . . . . . . . . .....- ....."r '1_ _....,......,# ~...,.. Not Aware Aware o ..~. ~v (fAR-1_ '<>-18-05 _..,....,.,...~ r2P- ..... Sell..rVt..r~ ~ .l'nlt:!ucedv.ilh2jpFama"'!.ll)> IUO Fom,,~ u.e ilo:e;:~Pol~ ~ UIeWg:on 4Sa3S. (aOD)3~SlBOS ........,.,_",.""'" F'age3of4 ~ ..~ ...__.._--~..~-_..__.. @Q01/GOl ftf t '1L!~/1lttA7t/ - M/1;~€- 7j;~~o?/ (2) - previous structural repair to the foIJll:ld~tion systems on the Property? . . . -. . . . . . . : . . . . . .. 0 (3) settling or soil mOV'em~ materially and aciverseJy affecting the ?ll:lperty? . . . . . . . . . . . . .. 0 (4) -pest infestation frDm rodents. inseds, ocr f'ther organisms on the Property? . . . . . . . .~ . . . . - 0 (5) termIte or wood rot damage on the Propeny needing repair? . . . . . _ . . . . . ~ . . . . . . . . . . . . _ 0 _ (6) mold to the extent that it materially and adversely affects the Property? . . . . . . . . . . . . . . .. 0 (7) mold remediation QStif."Cate isSued for the f:1roperty in the previau:s 0 years? . . . . . . . . . . .. 0 if yes. attach a copy afthe mold remediation certificata _(8) previous termite treatment on the Prcperty? . .. . . .. . . . .. .. .. . u . . . . . .. . _ .. '. _ . . -.. 0 (8) previous 'fires that materially affected the Property? . . . . . . . . . . _ . _ . ~ . . . . _ . _ . _ _ _ . _ . . .. 0 (10) modifications made tottte Propeny1Mthout necessary p.ermits or not in compliance . with building code~ In effect atthetirne? - .. . . ..' - . . -- ~. - - . - . - ".. - . _ . . .. . . . .. .. . .. O. (11) any palt, system, or component in OJ' on the Property not In compliance with . . the Amerk:ans With DiSabilities: Act at me Texas Aretliteetural BarrIer statute? . ~ . . . . . . . .. 0 If you are aware of any conditions rleseribed under Paragraph B, explain. (Attach' additional information. if needed.) · I - - B/tl{'~ _ _ S~M-e... S+-ree-+~fN#PA.U<t - 3~('~ pae +tl tL"11 - f) 1'-4: i tJ ~1 e. ; Ai /l-ifiy iJJa.J.f ~ i pi-(J : (J, ~e tMJ r,. III, I r.: /'/ <"') ~. 0 "4@:), '~te~ I '- ,-r-... 0'7 Sell"" y(Jv.>L (;.< <-7,a. ,,,...... ~C..."'-' <,f '" "7 ~ ~ . D3la: 01/15/2007 MUN 11:14 ~AA . ;Yaho, t'u 07 04: 42p @ o 01l04/2aa7 TIm UdO EAX CommerciaJ Propeny Condition SIat.elnem cal'lC.ab4l'i,l ~ p.21 Not Aware ~ ~. ~ g::: ~ ~ ~/ Seller:~ Tha undsniigned aGknowledges receip€:ofthe fofegolng $ta~ment. Date: :J -I J., - JOG 1 Buyer or Tenant Dste~ NOTICE TO BUYE;R OR TENANT= The broker representing Seller snd tho broker representing you advis~ you that ibis ~ent was completed by Seller. as of thSl date;: signc:d. ThQ brokers have relied on tillS statement as true and correct and have no reason. to berl8Ye it to be false or inaccurate. YOU . ARE ENCOURAGED TO HAVE AN INSPJ;CTOR OF YOUR CHOICE5INSPECTTHE PROPERlY. {TAR-1408~ 1Q~18-05 PRJduo:d-.rllbZpF.onn- by Rs: Form::Ho!, u.c; 1~ ~Iolib R=d, orman T<>>mchlP. Yicl1ls"" ..!9l12S. (llOCl) :lIUBllS ....,:..~ .,...., Pas:le4of4 l'URCHAS~ 01/15/2007 MON 1~:13 FAX Ja~ 10 07 04:40p @ o p.1S 01/04/2007 THO 13:~8 FAl @OOl/001 .., TEXAS ASSOCIATION. OF RBALTORS@ . COMMERCIAL PROPERTY CONDITION STATeMENT . -""";vo,,,cARS AOTf.IEM3ERS'OF.,.,.,.__~TlO>lO" Q;::A1.00=!" NOT~' ~0l'1'liISFOmI9'f..""",,-- <<I1011.~"faE:AI."O~.lslc.zeo& . ~NCERNlNGTHEf'ROPER;YAT: q I ~. . {)J, JltlIl.Vzv .,7ftLfP#tLl)t 1'%"1/ . EU.ER'S KNOWLEDGE OF THE CONOnlON OF THE PROPERTY AS OF +~~ 6~~~=~~;: ~FN-r;;:: SUBSnTUTE FOR ANY INSPECTIONS OR W~~EE~,~~'{f~~: TENANT MAY WISH TO OBTAIN. IT IS N9T A WARRMfTY OF MV.Y KIND BY ~ELLEn, I OR ANY OTHER AGENT. . pART I _ COrrlnlat9 'ff Prooartv Is: (rm:liI'l:Ned or U"lml)l'oved ""\ Not Are you (Seller) aware of: . (1) any of the following environmental conditions 'on or affecting the Property: (a) radon gas? . _ _ . . . : . . . . . _ . . . . . . . . _ . . . . . . . . . - - - - . . . . . . . . . . . . . . . . . . . . . . . o. 0 (b) :~:;:=~. ,__ . . . .. .. .. . . .. .. . .. . : .. .0 . . . . . . . . . . . .. .. . 0 .'. ." 0 .~ . (ii). non-friable c;omponerds? . _ . . . . . _ . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . - -' 0 1.:::1 {e} ~re&:formatdehYd.e insu~~? _ '. . . 0 . . " . . ~." . . . . . . . . - . . -". . '. . '. . "'. ~:..: . . ~, :..' . . .: . .: 0 :' ~~. (d) 'endangered. specles oftheir.habitat?....... __ --" ... . - . ... .... ,- :.:..... .., .. 0 ~ (e) ~Dds?........... _ . . _ . _ . ~ ", ; . 0" . . . w w"' .'. . . . . . . . . . . . . . . . - - -'. .:. .: -'. - - . -' 0 ~./ . (tj undergfO!,Jt;td storage tanks? ...... . . . . . 0" . . . . . . . . . . . . . . . . . . . '. . . w . . . . . . . w . . .. 0 .I2f (g) leal<$ in any storage tanks (underground or above-ground)? - -: 0 r . . . r . . . . .'. . . . . . .. O' ~ (h) lead~~ paint?- .'... w r:. . . . w . . . . .. . . . : . . .: . . . . . . . . . . . . . . . . .. ~. . r . A:' .. 0 ~ (i) hazardous materials or1oxicvvast;:l? ...... _........ .",............ ........,... 0 l.l::{ (j) . open Dr dosed Jandfifts 0I1I or under the surface of the Prl?,perty?, .' _ . , . . . . w . . . . . . . .. n ~ 0<) ~ma.1 cxmdlttans mSt.eriaIIy and advasely affecting the Property such as . nearby landfiJls; smelting plants. burners; storage facilItIes of toXic or hazardous . ./ malSrials. ref"1l"\~. utI"~ 'tlr.::e;nsmission lines, mills. feed Jots. and the Uke? . _ . . . - . . - . - 0 121'" --- (l) any ~cfivity ret~g ~o ~ or excavation ~es for oil, gas, or other minerals?_ . . . . .. 0 ~ (2) pteVious emiiron~1 a::ontainination that was on orthat materially and ad\leJSeJy . affected the Property. inclUding but not limited to previolis envIrcnmah'i:al conditions / listed in Paragmph 1 {a)-OJ? 0 _ . r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . '. . . , ., 0 eI./ (3) any part of the Property lying in.a spedal flood hazarq area {A or V Zone)? . ~ . . . . . -. . . . . .. 0 I;Z[.. (4) any improper df3inage o. nto or ;awa~ trolT! the Property? '... . . . .. _ . . .. .. . . . . . . .. . . . .. 0 ~ (5) any fault flOe 01' near the Property thst msterisJly and adversely affects the Property? . . . . .. 0 fa' ./ (6) outStanding mineral rights. excep6ons, or reservations of the Property held by others? . . . .. 0 ~ (7) . sIr 3P~ce restrictions or easements on or affecting the Propsrly? .' _ . . . . . . .- . :'. . . . . . . .... CJ 6r"'"" (e) ~t~;~e,:&~~~J~~ ~~~~ :~~ ~~~~~' .u~~~: ~: ~ ~~.~~ . . . . . .. . . . _ .. 0 ~ (rAR.1",s08) 10-18-05 Initialed by 8u!Iel" o.Tenant: and Seller ~~ '1. ?LR- ?age 1 of 4 AWdi'S A.':.:.~':~ ~ ~ Pb.-..2!.td1!M55, ~ ""'.A?7J?1' Lilley l"URCBASE.zfi;: pft:lCluccO wlllt'vI>Fonn'ftC blf RStPo~. u.c-:a1l2S l"lIleen Mile Rasd. CllntM TtlMI!lh". MlclllQan 480S5. CIlODl383-BlIlI5 _%~~ . OI/15/~g07 MON 11:13 ~AX Ja~ 10 07 04:41p @ l!!:IVVJ/UUI o .pa IS Q1/04/2D07 THU 13:,29 FAX , ~OD1/002 0/ 1 tV~. nA It i7!J .flI-; k /1 r-* . ~;j 7tJ1. / co~;'~rty Condition Statement OO~ing ! / tfI}. /'[ ~ ~ Not , . . Aware Aware (9) SpeCial disbicls in ~c~ ~e Properly 6es (foqooampfa, hietorical districts. development " ~ . disbic.ts. extr.atenitonm luri$dic5ons, or others)?. . a . . . . . . . . . . . . . . . - . . .. . . . . . . , . , - . .. 0, l2f /' (10) pending changes in zoning, restrictions, or in physl~l Usa of the Property? . . . . . . - . . . . . .. 0 . er (11)your'l"eOeipt ~f any notice concerning any likely condamriation, J:ll~nned streets, '; ~ ' highwayS, raiJmads, or dsvelopman($1hat would materially and a~ersely. affect the " Property (incluwng acCess or vis'ibi!ity)? . . . . . . . . . _ . _ . . . . . - . . . . . . . . . . ',' . , . . . .: . . - - 0 ~ (12) lswsuita affecting title to or use or enjoyment of the Property? _ . _ , . . . . . . . . . . . . - . . . . - -. 0 JZJ , (13) yoCJr receipt of any written notiCie$ of violations of 'Z:oning, dcs:sd rsstrlctions, ot" /' govamment regulations from EPA. OSHA, TOEa, or other government agenc;ies? , . , , . . ,- 0 i1 (14) oommon areas of faCIlities affiliated with the Property co-owned with others? , . . . . . . . . . . '. 0 ~ ~15)pro~:~: ~~~~. ~~~~ ~ ~~~~':~ ~ ~~~~~~ ~~~~~~ ~ , _ _ _ _ _ ,_ '0 ~ If aware, name of association: Name of malJager: Amount of tee or assessment S per Are fees current thrcugh the date of this neb? a yes 0 no 0 unknown , ,(16) subsurface structures, hydmulic:lifiS. Dr pits' en the Property? _ .'. . . . : _ . _ , , . . . - . . . a . - , .' 0 (17) intetrrdttent Dr weather springs that affect the Property? .. , _ _ . .. _ _ .. -- _ : .. - . _ or - . , ~.-, 0 . ..... .. ii-8)imY material defect in any'lrrigsfiDn system. fences, Q!'" signs on the Property? . . . _ ,_ . . , ,., 0 (19) conditions on or affecting the Pmpeny that materially ~ the health or safety ()f : an onimary Individual? . - - _ _ _ . _ - - _ . _ . - . , _ - - _'. _ _ _ _ . _ _ . _ ~ - . . . . . . ,". . . - _ _ ,- . . - , - . - - CJ . . If you are aware of any of the condilions.~1sted above., explain. (AttaCh additional Information if needed,) , , " ef' fz{: ~, ~, PAR~ 2 - ComD.lem onlY if PrCDQrtV i$lmoroved A. ArB you '(Sellet) aware m: any materilillf defects in any of the folfO\ving on the ~ (1) structural fferps: " Aware (a) fl:?undatian systems (slabs, cOlumns. trusses. bracing crawl spaces ' . pIerS, beams, footings. rstaining walls, basement, gra,ding)? . " _ . . : . _ . . . . _ _ 0 (b) exterior walls? . , . . . . . . . - - . . . .-, . . , . . . . . . . . . . 0 ............... .........~... (c) rll'eplac:es and chimneys? - - . . . . . . . . . . . . , - .'a . . a ." . a . . . 0 ...................... (d) roof. roo! structure, or ;attic (covering, flashing, skylTghts, insuration, roof penetrations, ventilation. ~ts and cfownspouts. decl<,ing)? . . _ . , , . . . , _ _ ,. 0 (e) Windows. ~oors. plate glass" or canopies? " ~ . . . . . . _ . . . . . . _ . . a . . . . . ~ . .. 0 Not. NDt Aware Amll. ~~ o ~ '~D ~D '/J{: , I . " . , C1:AIM408) 1o..1a.o5 lrit1iafed by BuyerorTensnf: . and Seller JV.t.e-'F q,,? As-) W- P>.ldllel!:d..;u.~.... by RE ~Net. u.c 1Sl125FalseftUlle . n T~ M'~.f803S. (800) 383-11!!ll5' ~ ~,,~ ""'" Page2of4 p~ ~~,'.' up J. ;"J(.Z.U!J' iftUJ''. ..P..: 14 I'IU Jan 10 07 04:41p @ o 01;0412007 THU 13:29 FbI p.20 ; ,; @OD2/0D2 comrnCl'Ciol Propcriy Condition.. StatJ3rnenf conc:aming 1'/ ;l. to . /J1tt//J Sf, k-& fie- 7Y 4 '/d -?! Aware (2) ptumbina Sv~ (a) water heaters or water softeners? . . . . . . . . . ..... . : . . ." .' : -.. . . . . " . . . . .. 0 (b) supply or drain lines'? _ . . , . . . . . . . . . . . . . . . .. , .. .. .. . . . . . .. .. - . . . . . . . . . . . ,. 0 . ..( 0) 'ftluceits, fixtures, oT c~mmcd-es? . . . .. , . . .. . . . , " . . , . . . . . . . . . .!. . , " " , . . ... 0 Cd) privata seWage systems? . -:... .. . . , , . . . . .. - . . . . .. . . - - , . .. . .... . . .. .. . . . . . .. 0 .($) pools or spas and ~pme:nb'? . . , . . . . . . . .. , . " . . . . . . . . . . . . . .. . . . . . .. . .. .' 0 (f) sprinkler systems? . .. .. .. . , . _ _ , . ' . . . . . . . , . . . . .. . , " . . . . . .. " . . .. .. .. .. .. .. . .. '" 0 (9) water coolers? . . . . , . " . . . - . .. , . . . . . . . . . . . . . . .. . . , .. . , . . " . , . .'. . " . .. " ... ~ (h) privato wat~r weBs? . . .. - .. " .. . , . .. " . " , .. .. .. " . . . . - . . . . . . . . .. . .. .. . . . . . . . . . . (i) pumps ar sump pumps? . .. . ... . . , . . . . . , . . . . . . . . . . .. . . .. - . . . ~. . .. . -,' . ,. 0 (3) HVAC sV$temS: any c:::ooJing, healfi:ng. Of" venb1ation systems? . .. . . . , . . . . . . .. ..... 0' (4) Electrical Systems; ~icedro~ wiring. connectio?S. cpnductcrs..p!ugs. 0 grounds, power, polarity. swftches.lightfixtures. oqunction.br;lxes?" . "... .. ......." (5} other SYstems 9l' Items: _ (a) .security or fire detedion syst!!!ms? , .. . . . . . . .. .. , . . . .. .. , .. , - .. . .. , .. . , .. .. . : . , .... 0 (b) porches Dr decks? .. .. , _ .. .. -.. .. . .. .. . , .:.. . .. .. . "0 .. .. , . . .. '.- .... . . . .. , .. . - . . .. .. . -, 0, (e) gas lines?.. , ,'.. , .: _ ' . . .. . .. .. . '. . . .. .. . , . . _ .. , ,.. . ' .. . , .. .".. .. .. .. , . .. . , . , . . , .. .. -.. 0 Cd) garage clo9rs" and door operawrs? .. , . .. . . . . . . . .. ,. . .. . ... .". . .. . .. . .... 0 (e) lOading doars or docJcs? .. .. , _ .. _ .. : .. .. .. , . .. .. .. .. .. " , . .. . .. .: . .. .. . . . .. .'. . t" . . .. . ... a (f) rails ~r overhead cranes?, - _.. - - . - . . , . . , . . . . .. . . . . . . . . .. . . . . . . . . . . . . ... Q (9) elevators or ~tol'S? , . - . . . . . . . . . . . . . .. . . .. .. . .. . . .. . . . .,. . . . . . .. . ., Q , (Il) parking araas, drives. steps. walkways? . - . , .. . . . . . . ." _ _ . . . . . . . . .. . . . . . .. 0 (i) appnances or buIlt-in kitdlen equipment? ... . , . . . . . . . . . . .". . . .". . . . . . . . .. r.:J 1.f you are aware of material d~ in any of the items listed under Paragraph A. additional information if needsd.) . Not Not A~re .~ t:Y" a ~"~ CJ a-:-- o .~ o ~ o .~. ~~" ~D o ..~ ~~ ~v o~ ~V exprain. (Attai:h B. Are you (Seller) a'!'HarC of. (1) any of the fotfowing water or drainage conditions materially and adverseCy effecting the Property: .. (a) ground water? .". - . . . - .. ." , _ . . .. : , . . . . . . . . . . . . . . . . , :" . . . . . , . . . : .. . . . . . . . . . . . (b) water- penetration"? .. . . . . . .. . . . . . . .. . .. . . _ . . " : .. . . . . . ... . _ .. _ _ , . _ . . _ _ _ .. . . _ : . . .. . . (e) p~ous flooding crwater drainage? . ' . . . .. : .. . ~ _ . .. . _ . . . . . , . . . .. . . . . . . . . . , . . . , . (d) soil erosion Of' water pending? . " , _ _ .. _ _ _ .. . _ .. _ , . . , : . . , .. . . . . . . . . . . . .. . . . . . . . , . .. ~ ~r~~' (fAR-1408) 1Q..1s-.oS h1ialed by Buyer pr:renan'l: . 8nd Sell~ t....- 7. "f'loQuced with2ipForm~b)' Re Fo~ u.c 1So:$~Af ." .Clf",- 'r~ ~l\ 48C35, (aOD) 311MI8OS "mu;~J_"'" =m ... .-......--...-...------- Not A~re Aware g . ~ ~y Pages cf4 POk~ 01/15/2007 MUN il:14 ~AA 'Ja^iO 07 04:42p o @ " . iJlIa4/7.061 TIIlf 11dO EAX "'CI---"'" .......... p.21 @GOltOOl a I ? pj .;J1Ii;J1} Sf, k-ft;~ 'Y};~4 '"tS-~ / Commercial Propeny Condition S1atement c.al~I'l1 -, //1 ~ Not A~, ~ ~ ~ ~ ~ ~ (2) . previous structural repair to the foUll:ldation systems on the Property? . . .'. . . . . . . ~ . . . . . . - 0 (3) settling Of soil mOV'em~ materiany and adversely affecting the Pn:lperty? , . . . . . ~ . . . , . .. 0 (4) 'pest infestation from rodents. inseds, .cr plher organisms on the Property? . . . . . . . ~ . . . ., 0 (5) termite or wood rot damage on the Pro~ needing repair? . . . . . . . . . . . ~ . . . . . . . . . , . .. 0 . (6) mold tg the extent that it materially anti adver3ely affects the Property'? . . . . . . . . . . . . . . .. Q (7) mold remediation OBrtif.-cate issued fur the ~roperty in the previol.\S 0 years? . . . . . . . . . . .. 0 if yes. aftacb a copy of the mold remediation certificate. .(8) previous termite treabnenton the Pmpetfy? ,.............,.. u........... .;..... - 0 (SJ previous fires rhaunaterially affacted the Property? . . .. _ -- . . __ . . . ; . . . . . _ .. , _ , . . .. '. 0 (10) modifications made to the Property1Mthout necessary p.ermits or not in compliance . with buDding codEl~ In effect at. the time? . . . . . - " . . . - . ~. . _ . . . _ ~ . . . _ . _ . .. . . . __ .. . __ O. (11) any part, system, or component in OT on the Propeny not In compliance wiltJ , . the Americans With DiSabDffies Ad: /Or U'ta Texas Arcnitectural BarrIer statute? .. . . . . . . . .. 0 If you are aware of any conditions r:frescribed under Paragraph B. explain. (AtJach' additlona/ information. if needed.) . - . I J . ftlt('~~i ~2J~ ~ eriy seuJir .tx.4k C...p f') (~S/()~liUI1 1l~1'~~1 ~H!Z.~ ~ll' SeHer.~Lrr-e.C~fi."'7?~~.c~~M,P ~ ~ I ~(~ ~ 0 ') Seller: Oala: The undeJ$igned acknowledges receip€:ofihe fo.-egolng $ta~nt. .~-- BLlYef' or Ten~nt Buyer orTena/ ' Date: J-f() . dfJ/J1 Dsta~ NonCE TO BUYeR OR TENANT.:: The broker representing Sellar and the broker ntplesenting you advise you that ibis afafsrnent was completed by Sella', as of the date signed. ThQ brokers have relied on this statement as trueimd COI78Ct and have no reason.to believe it to ba false or inaccurafe.. YOU . ARE ENCOURAGED TO HAVe AN INSPJroTOR OF YOUR CHOICE lNSPECTTHE PROPERTY. (iAR~14D8~ 10.18-05 ProdrJCc:d will>:zipFcnrl- by RE Fotm::NQI, u.c; 1eozs ~ 1I.Iib~, c::&mcn T-..:hTp. Mic/lls=..!aD25, (IICICl) :Ia3-411lOS ....,;..~.eotl'\ Palle 4 of 4 l'tJRCHASE..l:!l< NEVV LIFE CORPORATE HEADQUARTERS -~t r.:Jp:p C2;., ~ "* Cirl/""" OAP -;-77-"- ~"~e UA'",....,dt'-i'Cl>.n .::7'"e/k.,~/ooiA4b ..;::/ yea.... ~e ,::7'C'undau.on To Whom It May Concern: The following excerpt is from a duly called annual meeting of New Life Christian Fellowship on January, 4, 2002. · Be it therefore resolved that we, the directors of New Life Christian Fellowship do hereby invoke the By-Laws in regards to the signature authority of Reverend Gregory Holley, PastorlFounder, and Deborah Johnson, Administrator, to fulfill with all power and authority the responsibilities of Article IV Section 2: Enumerated Responsibilities without specific resolution of the Board of Directors regarding Items A- G (See Attached By-Laws of New Life Christian Fellowship). Be it further resolved that we, the Directors, invoke Article V Section 3 as the operating structure of the day to day operations of New Life Christian Fellowship and all of the associated operations of those entities operating under the umbrella of New Life Christian Fellowship as a DBA of said corporation. Motion by: Gayla.T. Holley, Director ~~ q ~ ~ A-( 1 :)cc ~) Second by: Sean Mooney, Director ,1" ~ _ ,/~ (// J z"" ," , ' ,;:r~tY~~~a /';/-1-, 7 I C02 ... New Life Corporate Headquarters · 908 W, Main · La Porte, Texas 77571 Tel.# 281.471.2677 · Fax. # 281.470,0647. Email: deborah@newlifecfnet'" Website: www,newlifefoundation,com NEVV LIFE C:HRISTIAN FELLOVVSHIP Minutes of the February 5,2007 meeting of New Life Christian Fellowship, 2104 Underwood, La Porte, Texas resolutions and amendments to By Laws of same. Administrative Board Members in Attendance: Gregory L. Holley, Pastor / Founder Gayla J, Holley, Director Sean E. Mooney, Secretary, Treasurer Meeting called to order by Pastor/ Founder Resolution # 1 Be it therefore resolved that we, the Administrative Board of New Life Christian Fellowship, waive the minutes of last meeting, Motion by Gayla Holley, seconded by Sean Mooney, Motion carried, Resolution # 2 Be it therefore resolved that we accept the offer of City of La Porte to purchase properties at 912 and 908 West Main and all lots involved in their property descriptions for the agreed contract pending. Motion by Gayla Holley, seconded by Sean Mooney, Motion carried, Resolution # 2 Motion for adjournment by Sean Mooney, seconded by Gayla Holley, Motion carried, Adjournment by Pastor/Founder Gregory L Holley .4;;2 ~ Gayla J Holley ~~ Jib0Z7 Sean E MOOneY~~/?n__<",tf' 2104 Underwood Road La Porte, Texas 77571 Tel. 281.867-5435 * Fax. 281.470.0647 :NEVV LIFE C:HRISTIAN FELLOVVSHIP 'lid the Minutes of the November 27,2006 meeting of New Life Christian Fellowship, 2104 Underwood Road, La Porte, Texas resolutions and amendments to By-laws of same. Administrative Board Members in attendance: Gregory L. Holley, Pastor / Founder Gayla J, Holley, Director Sean E. Mooney, Secretary. Treasurer Meeting called to order by Pastor/ Founder Resolution # 1 Be it therefore resolved that we, the Administrative Board of New Life Christian Fellowship, waive the minutes of last meeting. Motion by Gayla Hofley, seconded by Sean Mooney, Motion carried. Resolution # 2 Be it therefore resolved that we endeavor to sell properties at 912 and 90B West Main and all lots involved in their property descriptions, Motion by Gayla Holley, seconded by Sean Mooney, Motion carried. Resolution # 3 Motion for adjournment by Sean Mooney, seconded by Gayla Holley, Motion carried. Adjournment by Pastor/Founder Gregory L Holley 4~ f . Sean E Mooney ~./ _ ~/ - ~L- / c:P-c.'2.-.-.:~ 2104 Undenvood Road La Porte, Texas 77571 Tel. 281.867-5435 * Fax. 281.470.0647 ASKINS & ASKINS, P.C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P,O. BOX 1218 LA PORTE, TEXAS 77572-1218 KNOX W, ASKINS CLARK T, ASKINS MEMORANDUM DATE: February 19, 2007 TO: Ms. Debra Dye, Main street Director Ms. Debra Brooks Feazelle, Consultant Mr. John Joerns, Interim City Manager Mr. Alton Porter, Mayor FROM: Mr. Knox W. Askins, City Attorney RE: New Life Christian Fellowship of La Porte ~ telephone 281,471,1886 telecopier 281,471.2047 kaskins@houston.rr.com ctaskins@swbell.net RECEIVED FEB 2 0 2007 CITY SIC_fAMY'. OFII"Ce ******************************************************************* Dear Folks: I enclose herewith cover letter dated February 15, 2007, from American Title Company, and copy of escrow receipt dated February 15, 2007, from the title company, together with a copy of the City's earnest money deposit. February 15, 2007, is the effective date .P,f-, the Contract. yo.u....}-s... v/:yer y ruly, /.. -}/ If l t ~/{ t. i Knox W. Askins City Attorney City of La Porte KWA: sw Enclosures ~ !!!!!5 AMERICAN TITLE COMPANY OF HOUSTON February 15,2007 Askins & Askins, p, C. Attn: Knox W, Askins 702 W, Fairmont Parkway La Porte, TX 77571 RE: GF# 608l02-U Address: 908 West Main Street, La Porte, TX 77571 BUYER/SELLER: City of La PortelNew Life Christian Fellowship Dear Mr. Askins, We would like to thank you for allowing our company to assist you in this transaction. Enclosed, please find the receipted earnest money contract. The title commitment and schedule B documents will be forward to you once completed, If you would like you correspondences emailed, please send your email address to leslie@atcdp.com or stacig(dJ,atcdp,com, Ifwe can be of any additional assistance, please feel free to call our direct lines: Leslie Hairston: 281-727-2206 Staci Gay 281-727-2204 Respectfull y, Staci Gay/Leslie Hairston CC: Dover & Fox, P.C. Attn: Jim G, Fox 5003 COLLEGE PARK. DEER PARK, TEXAS 77536 . FAX: 281479-4780 . TELEPHONE: 281479-1913 ESCROW RECEIPT PROPERTY ADDRESS: QV6: t1IY W, Mt1.uf\ Escrow Agent acknowledges receipt of $ l Dl ODD";" Earnest Money in the form of (Cash/Check/Money Order/Wire Transfer) representing earnest money being deposited pursuant to the attached Earnest Money Contract. Escrow Agent, (I.) is not a party to the Earnest Money Contract, (II.) has no liability on a check until the check has cleared, (III.) shall not be liable for any interest or other charge on the Earnest Money and shall be under no duty to invest or re-invest funds held by it at any time, (IV.) does not represent the allowable use or activity on the Property, (V.) does not promise to deliver the commitment within the time stated in the Earnest Money Contract, and (VI.) requires that buyer make written request of the Escrow agent for copies of covenants and documents. AMERICAN TIT Y (Escrow Agent) By: Lindsey Hare Front Desk Coordinator Date: ;2>~ Sl () -::r GF# VO~ }'()~ / U Check# ~3f)1/q .. .~ bo ~ ,\ t (~) n.J l,j.J o ~ - ..[] .. .. - _. l,j.J o - - n.J Ln OJ .. .. o o o o l,j.J - n.J o OJ OJ O-f O::O::I:-f "~mO ::0 O(J1V MO:;: MOM >ow>o H 'Unn vOV >ot-'Z "[;;>-3 >-3GJH XM>-3 t-' 'OM -.l:Pn -.l:x10 U1"':;:: w 'U 0\ V I Z g >< o o .. r OJ (") < III ~_. -C Q ci'~~ > 0 ~ ""T1 0 -< <D - ~..... 0 ~ 3 r -f 0 0:1: > :::j ~ Q) -< "Tlm (/) 01 "U 1J > "j ~ 0 en "T\ :><";4, C -i ~ ~ m s: ;0 '< 0 >-3 ~ trl m Z >-3 ::r: 0 < c:: m UJ z ;c. z 0 CJ t--'O ;c. 0;:0 Z t--'z CJ ~c 0 3: 0 OJ ....... m t--' ;:0 0 0 CJ o t-"' t-"' ~ >0 UJ G) m z m ~ r o "'0 m ~ -i Z G) > () () o c Z -i o 1'0 .......0 :;;::> .......~ I'0m o o -.J .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. (") :I: m 1'0(") w" Oz ~c ~3: OJ m ;:0 z o -{f} 6> ~ 3 00 Oc:: O::J . - o o V> r > '?' I>> 3 ~ "'0 <1l ~ 3. ~ ~ CD OJ ~ ~ ~ f\) W o ...,J t-l \0 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februarv 12. 2007 Bude:et Requested By: nphrll Fp1I7pllp & nphrll n}'p Source of Funds: Department: CMO Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Lease Agreement Amount Requested: Budgeted Item: YES NO Exhibits: Exhibits SUMMARY & RECOMMENDATION After receiving direction from City Council, staff entered into negotiations with a major tenant and has reached an agreement for a long term lease for the Business Center, Please see supporting details behind previous item, Action ReQuired bv Council: {1;:;stleJr Ck'~ e.. Il ~ ~e_1t J2<<KeJ1 Approve Lease Agreement. John Joerns, Interim City , y1f7 Date ORDINANCE NO. 2007-~~10 AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE, AS LANDLORD, AND ECONOMIC ALLIANCE HOUSTON PORT REGION, AS TENANT, ON THE PREMISES KNOWN AS 908 WEST MAIN STREET, IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA 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 ci ty of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof, Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ;.2..#- day of fo("q ( (j a rl/ , 2007. By: Cp:f . OF LA PO~ ~~~~ Alton E. Porter, Mayor ATTEST: 011~ 0, ~~ Martha A. Gillett City Secretary APPROVED: et;/ r ~~ Clar . Askins City Attorney 2 Lease Agreement This Lease Agreement ("Lease") is made and effective April 1 ,2007, by and between the City of La Porte, Texas (herein known as "Landlord") and Economic Alliance Houston Port Region (Tenant"). Landlord is the owner of land and improvements situated thereon commonly known and numbered as 908 West Main Street, La Porte, Texas 77571 and legally described as follows: Block 52, Lots 20 and 21, town of La Porte. Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term. A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an "Initial Term" beginning April 1 ,2007 and ending March 31,2017. Landlord shall use its best efforts to give Tenant possession as nearly as possible at the beginning of the Lease term. If Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay, provided that Landlord shall not be liable or responsible for any claims, damages, or liabilities in connection therewith or by reason thereof. B. After review by the Landlord, the Tenant shall have the option to renew the Lease Agreement for and additional ten (10) year term, upon the expiration of the Initial Term, provided that Tenant provides Landlord with ninety (90) days prior written notice thereof. The failure to furnish said ninety (90) days written notice shall cause this Lease Agreement to automatically expire at the end of the Initial Term. C. Tenant shall have the right to terminate and exit the Lease Agreement after the first three (3) years of the Initial Term, by providing ninety (90) days prior written notice to Landlord, Tenant's right to terminate the Lease Agreement after the first three years of the Initial Terms is subject to Landlord's ability to relet the Leased Premises with a replacement tenant, agreeable to both Landlord and Tenant 2. Rental. A. Tenant shall pay without demand to Landlord during the Initial Term rental of $20,000 per year, prorated at $1,667.00 per month provided however, that Landlord shall not collect monthly rental as provided herein, but will provide the Leased Premises in consideration of, and in lieu of the $20,000.00 annual fee, for membership in the Economic Alliance Houston Port region. Membership privileges shall continue on a reoccurring annual basis, coterminous with the lease term established in this section, so long as the Lease Agreement is in effect However, in the event that the Economic Alliance Houston Port Region should adjust its yearly city membership fee, the yearly rental established herein shall be adjusted accordingly, to equal the amount of the revised membership fee. This Agreement terminates and supersedes all prior understandings or agreements or contracts on the membership subject matter hereof. B. The rental for any renewal lease term, if created as permitted under this Lease, shall be in the amounts established by the Parties, pursuant to Section 2 A of this Agreement C:\Documents and Settings\FeazelleD\Local Settings\Temporary Internet Files\OLK6A\Lease Agreement v6.doc Page 1 of 6 3, Use, Not withstanding the foregoing, Tenant shall not use the Leased Premises for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device, 4. Sublease and Assianment Tenant shall have the right, without Landlord's consent, to assign this Lease to a corporation with which Tenant may merge or consolidate, to any subsidiary of Tenant, or to a purchaser of substantially all of Tenant's assets. Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld or delayed, 5. Repairs, During the Lease term, Landlord shall make, at Landlord's expense, all necessary repairs to the Leased Premises, including premises damaged or worn through normal property occupancy. Tenant shall notify Landlord of needed repairs in a timely manner and consent shall be obtained from the Tenant prior to the repair to better ensure minimal work disruption. Repairs shall include such items as routine repairs of plumbing, concrete, landscaping, lighting, HVAC, and other parts of the Leased Premises damaged or worn through normal property occupancy subject to the obligations of the parties otherwise set forth in this Lease. Tenant is responsible for routine maintenance; i.e. light bulbs, minor paint, etc, Landlord must consent to repairs over $100.00 prior to work being done. 6. Alterations and Improvements. Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense and agreed by both parties. Subject to the aforementioned requirements in this section, rental fees shall remain as outlined in Section 2 above, if any Alteration and/or Improvement of any part thereof or any appurtenance of the Leased Premises results in providing more occupancy space for the Tenant. Monetary credits for leasehold improvements will be provided to the Tenant by Landlord in an amount equal to the cost of improvements. Any enhancements to bring the property in compliance with state or federal regulations such as the American Disabilities Act shall be made at the expense of the Landlord, with notification to the Tenant. 7. Utilities and Amenities. The Lease Premises are provided to Tenant with provisions for electricity, water, sewage, computer/internet access, and telecommunications, including hook-up fees, However, Tenant shall be responsible for costs and fees associated with monthly usage. 8. Taxes. Tenant is exempt from any and all taxes. Landlord shall be responsible for any taxes on its leasehold estate. 9, Insurance. A. As owner of the property, the Landlord shall be responsible for costs to repair the Leased Premises if damaged by fire or other casualty, excluding if the damage results from an act or C:\Documents and Settings\FeazelleD\Local Settings\Temporary Internet Files\OLK6A\Lease Agreement v6.doc Page 2 of 6 negligence of Tenant or any of Tenant's agents, employees or invitees. The Landlord shall carry insurance for damage by tenant or any of Tenant's agents, employees or invitees. The Tenant shall be responsible for any costs of repairs not covered by insurance if the act resulting in damage is demonstrated to be caused by the Tenant. B. Landlord shall maintain fire and extended coverage insurance on the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located on or within the Leased Premises, The Landlord shall be responsible for flood insurance for the building. C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities of each party on the Leased Premises with the premiums thereon fully paid on or before due date, issued by and binding upon some insurance company approved by Landlord, such insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. Landlord shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. Tenant shall obtain the agreement of Tenant's insurers to notify Landlord that a policy is due to expires at least (30) days prior to such expiration. Landlord shall not be required to maintain insurance against thefts within the Leased Premises. 10. Si!:lns. Following Landlord's consent, Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions, Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. Landlord will remove and pay for all signs from previous tenant if previous tenant fails to remove. 11. Entrv. Landlord shall have the right to enter upon the Leased Premises at reasonable hours (Monday through Friday 8:00 a.m. to 5:00 p.m.) to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 12. Parkin!:l, During the term of this Lease, Tenant shall have the exclusive use in common with Landlord, their guests and invitees, of the non-reserved common automobile parking areas, driveways, and footways on the Leased Premises, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate parking areas within the Leased Premises, for Tenant and Tenant's agents and employees. For such purpose Tenant shall provide Landlord with a list of all license numbers for the cars owned by Tenant, its agents and employees, Separated structured parking located about the Leased Premises is reserved for Tenant. 13. Restrooms. During the term of the Lease Landlord agrees to make available adequate restroom facilities in the common areas of the Lease Premises and to provide weekly janitorial services to attend to said restroom facilities, at Landlord's expense, C:\Documents and Settings\FeazelleD\Local Settings\Temporary Internet Files\OLK6A\Lease Agreement v6.doc Page 3 of 6 14. DamaQe and Destruction. Subject to Section 9A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged so that the resulting defects cannot be used for Tenant's purposes, the Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's Purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's Purposes. 15. Default. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of the Lese ended and terminated by giving Tenant written notice of such intention and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages, 16, Quiet Possession, Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 17. Condemnation. If any legally, constituted authority condemns the premises or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date, Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 18. Subordination. C:\Documents and Settings\FeazelleD\Local Settings\Temporary Internet Files\OLK6A\Lease Agreement v6.doc Page 4 of 6 Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien or hereafter arising upon the Leased Premises, or upon the premises and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion, Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust or other lien now exiting or hereafter placed upon the Leased Premises of the Building, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or atoning to the holder of any such liens as Landlord may request In the event that Tenant should fail to execute any instrument of subordination herein required to be executed by Tenant promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant's name, place and stead, it being agreed that such power is one coupled with an interest Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord shall reasonably require. 19. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States mail addressed as follows: If to Landlord to: City of La Porte, Texas Attention: City Manager 804 West Fairmont Parkway, La Porte, Texas 77571 If to Tenant: Economic Alliance Houston Port Region Attention: President/CEO Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 20, Brokers. Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. 21. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 22. Memorandum of Lease. C:\Documents and Settings\FeazelleD\Local Settings\Temporary Internet Files\OLK6A\Lease Agreement v6.doc Page 5 of 6 The parties hereto contemplate that this Lease shall not be filed for record, but in lieu thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease, 23. Headin~s. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 24. Successors, The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, and assigns, 25. Consent. Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 26. Performance, If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the default, Tenant may, at his option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures at a rate equal to twelve percent (12%) per annum. If this Lease terminate prior to Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accrued interest to tenant on demand. 27, Final AQreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 28. Governin~ Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written Jan Lawler President/CEO, Economic Alliance Houston Port Region C:\Documents and Settings\FeazelleD\Local Settings\Temporary Internet Files\OLK6A\Lease Agreement v6.doc Page 6 of 6 Economic Alliance Houston Port Region 3101 Nasa Parkway, Suite C Seabrook, Texas 77536 February 15,2007 To the Mayor and City Council Members City of La Porte, Texas Re: Office Lease Transaction at 908 West Main - La Porte, Texas Dear La Porte Leaders: First, on behalf of the Board of Directors of the Economic Alliance, allow me to thank you for the time spent and collaborative spirit demonstrated in culminating the move of our organization's office to your Main Street. Weare pleased to be part of the momentum of economic development in your city. This letter is also to confirm that we understand that the transaction is dependent upon final closing of the property agreement between the City of La Porte and the current property owner. We look forward to your communication regarding this process, a er P 'ent/CEO Economic Alliance -,.----.- , I CORP'ORATE OFFICES 908 WEST MAIN 20'-0~' 9'-11!' 20'-0~' I ----r I 9'-7~' I~-- 15'-1O~' OFFICE I 23'-+ i-- ~-2&'1 t.1f?7.2:r!~~Fi ~ 7'-SIi' 1~ ,. I -1" t&' OFFICE I ?51P '3 r:- I ., 10' OFFICE 23'-la' I '~ .\' r-..... " k GARAGE J- ....... 7c]l ~jF- " ",. r-t\ ~( :;....37~"'i.;) 5,500 TOTAL SQUARE FEET CJ.:) jV' }I"tO):5 l, c'I L.{ 1- -1 !3 'SP OFFICE , t.~ ~-- '>- 17'-Q" , A./I...,"C.'=~. II l.". ~ '7. E~ s ~ 6' I' 100 ,1-1 7 :2-. 5j- <'-\ OFFICE.. . (,o'Sf- C', \'.) I !' ,., r? I f 7-6 '-l 5T T CONFERENCE RM OFFICE . -~~ t... I 'I, l~ ~,:3Ci I 20' i L <"-3-""5F:.RONf~CEARFA I 'Y I.. SO' 16' -'1' i 18' 16' '" J .1 r- IO' L I 2ND FLOOR LOFT f STORAGE ? 00 '5~' 50' 1 ?T IJ fJ if "J, 'J,OZ" ",- .[1 j~.J...:~-;( ""..,. '\If ~~l- , '...., '-:." C>/!/(}II 11 .. MEETING HANDOUTS . . ... . ... ... . . . 02/12/2007 15:45 2814713807 ROELOFS PAGE 01 3(Cf &st 99& West Main Street La Porte, Texas 77571 (~) ~ 471-3807 r~m~uHtItthe ~" FAX to (291) 470-5009 ATTN; Sharon Harr~s DATE: February 12, 2007 TO LAPORTE CITY COUNCIL FROM: ROELOF AND JUDY NIEUWENHUIS 319 E. MAIN STREET LAPORTE, TEXAS 77571 Roelof and I regret that we are unable to attend tonight's meeting and address council members in person, concerning the purchase of the office and retail buildings, located at 908 and 912 West Main Street. Roelof and I have been involved in the revitalization, preserva- tion and economic development of Main Street for almost thirty years. We still own and operate Roelof's Antiques and Restoration, where we live above our business in what used to be the Sharp's Grain and Feed Store built in 1929, where we continue to preserve its history. In our opinion, the purchase of the buildings at the entrance of West Main, for the purpose of leasing it to the Economic Alliance Houston Port Region, is a unique and creative idea, that would serve Main Street well. The entrance to Main Street is extremely important and the work the Economic Alliance does can only benefit the economic development of, not only Main Street, but the City of LaPorte. In addition, a visitors center, tied in with Precinct 2 Commis- sioner Sylvia Garcia's Stars Program, is an excellent goal. Therefore, we encourage City Council to go forward with this purchase and lease agreement, and applaud your willingness to expand your involvement on Main Street for the purpose of economic develop- men t . o~ 'f\ . ~Of an~ Judy Nieuwenhuis REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Februarv 12, 2007 Requested By: ~ Department: Plannine: Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Report: _Resolution: _Ordinance:..x... Amount Requested: Exhibits: 1. Ordinance 2, Area Map 3. Appraisal Results on behalf of The City 4. Appraisal Results on behalf of Frontier Logistics Budgeted Item: _YES ...x....NO SUMMARY & RECOMMENDATION The City has received an application from Frontier Logistics to vacate, abandon and close the alleys in Blocks 349, 351, and 352, Town of La Porte and additionally the North 1St Street Right-Of-Way between North "H" Street and Barbour's Cut Boulevard, and the North "G" Street Right-Of-Way between North Broadway and North 2nd Street, Town of La Porte, Included in Block 349 are two (2) minor tracts that are not owned by Frontier Logistics, These are identified as I) Lot 15 and Tract 16, of Block 349, which is under the control of the City of La Porte as a result of non payment of taxes by the previous owner, and 2) Lot 18 and Tract 17, of Block 349, which a title examination shows under the ownership of Ms, Queen Ester Warren, Ms, Warren has no forwarding address on record, either with the City of La Porte, Harris County, or the Harris County Appraisal District. Taxes on the property are delinquent. Due to the fact that Ms, Warren cannot be contacted, the City Attorney's office is advising that Ms, Warren be classified as having given implied consent to the closing, Upon review of the closing application, the Public Works Department has verified an existing public sanitary sewer line which runs north from Barbour's Cut Boulevard to North "G" Street, thence East on North "G" Street to the alley in Block 351 and thence North through the alley in Block 351. Public Works offers no objection to the closure if the sewer line is abandoned in place to the North Right-Of-Way line of Barbour's Cut Boulevard. Additionally, each of the City's franchised utility companies (i,e, Centerpoint Energy, SBC & Time Warner Communication) have reviewed the request and have submitted letters of no objection to the City, In accordance with Ordinance No. 98-2225, Staff arranged for an independent fee appraisal to be conducted of the subject Rights-Of-Way in question. As a result, the fair market value of the subject properties was assessed at $2.25 per square foot (See Exhibit 3), and at 75% of fair market value (per ordinance) would have resulted in a total of $179,212.50 for the closures. This figure included land held by the City of La Porte fronting Barbour's Cut. Although not used by Frontier Logistics, it was recommended for purchase because of the screen provided by the trees, Frontier Logistics disagreed with this result and arranged for their own independent fee appraisal to be conducted on the subject property. The result of their appraisal indicated a figure of$120,000 (see Exhibit 4). City Attorney John A. Armstrong negotiated a settlement of$150,000 to resolve the dispute with Frontier Logistics and the City has received compensation in the amount of $155,000.00 from the applicant for vacating, abandoning and closing the subject Rights-Of-Way, This figure does not include the purchase of the tract fronting Barbour's Cut which will be purchased at a later date, Recommendation: Staff recommends that City Council authorize vacating, abandoning, and closing of the alleys in Blocks 349, 351, and 352, Town of La Porte and additionally the North 1St Street Right-Of-Way between North "H" Street and Barbour's Cut Boulevard, and the North "G" Street Right-Of-Way between North Broadway and North 2nd Street, Town of La Porte Action Required of Council: Consider approval of ordinance to vacate, abandon, and close the alleys in Blocks 349, 351, and 352, Town of La Porte and additionally the North 1St Street Right-Of-Way between North "H" Street and Barbour's Cut Boulevard, and the North "G" Street Right-Of-Way between North Broadway and North 2nd Street, Town of La Porte, Approved for City Council Agenda Date ORDINANCE NO. 2007- J... 91 f AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS IN BLOCKS 349, 351, AND 352 AND PORTIONS OF THE NORTH 1ST STREET AND NORTH "G" STREET RIGHTS-OF-WAY, AND ABANDONING IN PLACE EXISTING PUBLIC SANITARY SEWER LINE CONTAINED WITHIN SAID RIGHTS-OF-WAY, TO THE NORTH BOUNDARY LINE OF BARBOUR'S CUT BOULEVARD; TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described alleys in Blocks 349, 351, and 352 and portions of the North 1 St Street and North "G" Street Rights-Of-Way, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close the hereinafter described alleys in Blocks 349, 351, and 352 and portions of the North 1St Street and North "G" Street Rights-Of-Way, Town of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described alleys in Blocks 349, 351, and 352, Town of La Porte, Harris County, Texas, and portions of the North 1 St Street and North "G" Street Rights-Of-Way, Town of La Porte, Harris County, Texas is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described alleys in Blocks 349, 351, and 352 Town of La Porte, Harris County, Texas, and portions of the North 1St Street and North "G" Street Rights-Of-Way, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described alleys in Blocks 349, 351, and 352, Town of La Porte, Harris County, Texas, and portions of the North 1 St Street and North "G" Street Rights-Of- Way, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed, Furthermore, the existing public sanitary sewer line which runs north from Barbour's Cut Boulevard to North "G" Street, thence East on North "G" Street to the alley in Block 351 and thence North through the alley in Block 351 shall, as part of the aforementioned closures of said alleys and street rights-of way, be likewise vacated and abandoned, to the North Right-Of-Way line of Barbour's Cut Boulevard. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described alleys and Rights-Of-Way, are hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: The entire alley located in Blocks 351 and 352, Town of La Porte, Harris County, Texas, with said alleys being located within and situated between Lots 1 through 16 and Lots 17 through 32 within Blocks 351 and 352, Town of La Porte, Harris County, Texas, and each containing six thousand four hundred (6,400) square feet as shown on Exhibit "A" attached hereto and made part of herein; The entire alley located in Block 349, Town of La Porte, Harris County, Texas, with said alley being located within and situated between Lots 1 through 15 and Tract 16A and Tract 17A and Lots 18 through 32 within Block 349, Town of La Porte, Harris County, Texas, containing six thousand eighty (6,080) square feet as shown on Exhibit "A" attached hereto and made part of herein; That portion of the North 1st Street Right-Of-Way, Town of La Porte, Harris County, Texas, being located between the Northernmost Right-Of-Way line of Barbours' Cut Boulevard to its intersection with the Southernmost Right-Of-Way line of North "H" Street, Town of La Porte, Harris County, Texas, containing fifty thousand seven hundred (50,700) square feet as shown on Exhibit "A" attached hereto and made part of herein; and That portion of the North "G" Street Right-Of-Way, Town of La Porte, Harris County, Texas, being located between the Easternmost Right-Of-Way line of North 2nd Street to its intersection with the Westernmost Right-Of-Way line of North Broadway, Town of La Porte, Harris County, Texas containing thirty-five thousand five hundred and twenty (35,520) square feet as shown on Exhibit "A" attached hereto and made part of herein. 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 12th DAY OF FEBRUARY, 2007. CITY OF LA PORTE By: ATTEST: Lf!1Ji;tJd-oitUl Martha Gillett, City Secretary APP~D: t~/~ Clark Askins, City Attorney EXHIBIT 2 AREA MAP \ NORTH H STREET / ~~~ ~I-' ~UJ 'UJ '0:: 'I- ~Cf) 'I- Cf) .~ .x ,I- ,'0::, J 0., ,z :----.... X 3 )2 m -:"/"> I!: ,~,;;;X//;;::::: :)~;/~/ / .- ~ <//.-;///// ,,//)~.// Z N X I- 0:: a z " I' I 3~/9 I.: 1/; [>: 1/ -- /;~, :;. :;: .,;;:; o ~ r i:: =i Cf) I ~ 3:: ~ a 0:: ro X ti: a z " A -v' , I ~ =-- '// // ./ 3 ~O ~:::-- ......::---. ' -=- ~~ ",~-- ~,~,--~,-_.~'_.. ........ ',,/.:',',,' '.' ',> -.:.:..: ___ . __~,_ I ' .- " .' '~, :" - ~ ' ,~ / , I "!" . : '" ~ .. o 0:: a , EAST BARBOURS CUT BOULEVARD - tii UJ 0:: I- Cf) o 0:: '" x ti: a z NORTH E STREET WEST MADISON ST, tii UJ 0:: Iii <( 3:: Q x ti: a z 1 .---' : " ~, ' '; ,} ',,"r. .....:',;....~ ~, .( ._ nil r: ~; , ! \ Ie ....., <t" ~ :~, ~'" I r- ;; , c~;' ,~ ~ ,:r,~, '~~~ nu l-- ,.' I' ~nr .. ;II" _..~. , ~ .,,~ : ' I" ' ,'''" ',' , ,:-:':.".~ I ~ , ( EXHIBIT 3 APPRAISAL RESULTS ON BEHALF OF THE CITY .; R.C. Chuoke& Associates, Inc. Appraisers & Consultants P.O. Box 1447 League City, Texas 77574 Office- 281-338-9633 Fax- 281-338-9533 December 30, 2004 Ri.:Cic-I\fIl) b \J r.t, JAN 0 8 2005 Rene Ibarra City of LaPorte P.O, Box 1115 La Porte, Texas 77572 PLANNING DE?T. RE: LimitedJRestricted appraisal regarding the Market Vahle of portions of alleys in Blocks 349, 351, & 352 and a portion of the street right of ways . located in parts of North 1st Street' and North "G" Street, Town of La Porte, Harris County, Texas. Dear Rene: In accordance with your request, I have inspected the following describeci prop,~~ty for the purpose of estimating the Mariret Value following described property as of the date of this letter in fee simple title, As per our agreement, the data and analysis is presented in a brief format and the report does deviate from the USPAP as permitted upon agreement between client and appraiser, BRIEF hEBAL DESCRIPTION OF PHOPBH2Y Known as portions of alleys in Blocks 349, 351, & 352 and portions of a street right of way located in a portion of North 1st Street (60' X 860') lying between the south right of way line of North "H" Street and the north right of way line of Barbour's Cut Blvd and also the portion of North "G" Street (60' X 592') lying between the easternmost right of way line of 2nd Street and the western most right of way line of North Broadway, Town of La Porte, Harris County Texas, (see map in addenda), I hereby certify that I have personally inspected the property described via a street inspection and that all data gathered by my investigation is from sources believed reliable and true. In preparing this letter of opinion, a study of comparable sales and other related market data was performed, ...~ ,....Page 2 Continued,..,.. It should clearly be understood that this letter only constitutes only a statement of the final value and that does not presume to be the complete analysis of the subject property nor a complete appraisal and is subject to the preparation of a complete self-contained report, The market values in the subject neighborhood appear to vary generally from +-$0,75 PSF to over $7,00 PSF for tracts generally similar to the subject property with locations that range from primary to secondary type roadways, The adjacent "parent tracts" consists of sites which appear to range from 1.29 acres to 2.42 acres of land that is located either on the west line of North Broadway Street or Barbour's Cut Blvd, The site is reported to have public utilities per your office. The site appears to be generally flat and level and is assumed not have any adverse site or environmental conditions. The site is currently occupied by a container shipping facility. The Highest and Best Use of the subject property is d~tern1in~9. to. b.eJor industrial dev~lopment, . The " intended user of this appraisal is the City of LaPorte only. The intended use is to determine the estimated market value of the subject property, There has been no transfer of the subject property noted for the past 36 months per appraisal district records, The effective date of the appraisal is December 28, 2004, The effective date of the report is D~ceinber 30, 2004, The estimated exposure time is 12"months. After a review of the comparable sales it is my opinion the estimated unit value range of between $1.50 to $3.00 PElF would be placed on the subject property with a mid,.range value of $2.25 PSF being indicated for the parent tract. Therefore the unit market. value of the subject tract is estimated at $2.2,5 PSF which is based on 100% tee simple OUJ1lership with no disrounBng applied Respectfully Submitted, EXHIBIT 4 APPRAISAL RESULTS ON BEHALF OF FRONTIER LOGISTICS I I I I I , I EDWARD MILLER Real Estate Appraisal Services 12715 W oodforest Boulevard Houston, Texas 77015 713-450-1911 Fax 713-453-2152 April 8,2005 Frontier Logistics 101 East Barbours Cut Boulevard Morgans Point, Texas 77571 Attn.: Mr. John Vossler Reference: Real Estate Appraisal of +-11.416 acres of land located along Barbours Cut Boulevard in La Porte, Harris County Texas Dear Mr, Vossler: In accordance with your ,request and" authorization, we have performed a Complete Appraisal ofthe property described as: ' Approximateiy,11.416 acres ,of land being Blocks 349, 350, 351 and 352, First Street and North "G" Street, Including Alleys in Block 349,351 and 352 and the Alley in Block 350, vacated, abandoned and closed by The City of La Por~e, Town of La Porte, Nebraska Syndi~ate Interest, Johnson Hunter Survey, Abstract 35, Harris County, La Porte, Texas After completing an analysis of the property as reflected in the followingSllffilllaIY , Complete: AppraisalReport, it is ,our, opinion that the "subject 11.416 acre whole property" has an "as is" market value of the fee simple estate (land only), subject to the attached assumptions and limiting conditions, as of March 31,2005, of: $82Q,000 It is further our opinion that the value ofth~ ~.323 acre or 101,200 square f()ot parcel of land further identified as closed and abandoned ri.ght of ways and alleys is: . . . , $120,000 I certify that, to the best of my knowledge andb{dief".. (1) The statements of fact contained inthis report are true and correct. (2) The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and is my personal, unbiased professional analyses, opinions, and conclusions, 2 EMAS 25-4244 I certify that, to the best of my knowledge and belief".. (3) I have no present or prospective interest in the property that is the subj ect of this report, and I have no personal interest or bias with respect to the parties involved. (4) My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. Additionally, neither the appraisal assignment nor my employment was based on a requested minimum valuation, a specific valuation, or the approval of a loan, (5) My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Stan~ards of Professional Practice. (6) Edward Miller has made a personal inspection of the property, which is the subj ect of this report, (7) No one has provided significant professional assistance to the persons signing this report, (8) I certify that, to the best of my knowledge and belief, the reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements offue State of Texas and the Uniform Standards of Professional Appraisal Practice (USP AP). 'Further, the "Departure Provision" was not applicable in the preparation of this report. (9) As of the date of this report, Edward Miller has completed the requirements of the State of Texas and is currently certified by the State, (10) The values expressed in this report are not based in whQle or part upon race, color, or ,national origin of the current/prospective owners .or occupants, or upon the race, color, or . . national origin of the present owners or occupants.ofthe properties or the property. (11) The appraisers are not qualified to test for substances such as asbestos, urea formaldehyde. foam insulation, petroleum leakage, poly/chlorinated biphenyls, agriculh1!al chemicals, or other hazardous substances or environmental conditions: The presence of such substanc.es or conditions may affect the value of the property. The value estimate in this report is predicated on the assumption that there is no such condition on or in the property, or in such proximity thereto, that it would cause a loss in value, No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them, This report is considered to be a COMPLETE APPRAISAL per the definitions set forth by the Uniform Standards of Professional Appraisal Practice (USP AP), 3 EMAS 25-4244 I certify that, to the best of my knowledge and beliej,.., The attached report is an explanation of the analysis and reasoning used to derive a market value estimate for the subject. A reasonable marketing period of 18 months is expected for the subject property at the above indicated market value conclusion. The appraisal was conducted solely for the named client and is for the internal use of the client only, If you have any questions, please feel free to call. Sincerely, Edward Miller Real Estate Appraisal Services .. by Edward B. Miller ill StateCertified General REAppraiser Certificate No. TX~1323969-G ';'p 4 EMAS 25-4244