HomeMy WebLinkAbout2008-01-28 Regular Meeting and Workshop Meeting of the La Porte City Council Minutes
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MINUTES OF REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
January 28, 2008
1. CALL TO ORDER
The meeting was called to order by Mayor Porter at 6:00 p.m.
Members of City Council Present: Mayor Pro Tem Rigby, Council members Tommy
Moser, Mike Clausen, Georgia Malone, Mike Mosteit, Chuck Engelken, Howard Ebow and
Mayor Porter.
Members of Council Absent: Mike Clausen
Members of City Executive Staff and City Employees Present: City Attorney Knox Askins,
Assistant City Attorney Clark Askins, City Manager Ron Bottoms, Planning Director Wayne
Sabo, Finance Director Michael Dolby, Assistant City Manager John Joerns, City Secretary
Martha Gillett, Director of Public Works Steve Gillett, Assistant Fire Chief John Dunham,
Emergency Management Coordinator Jeff Suggs, Assistant Chief of Police Aaron
Corrales, Director of Parks and Recreation Stephen Barr, GIS Coordinator Brian Sterling,
Police Economic Development Coordinator Gretchen Black, Downtown Revitalization
Coordinator Debra Dye, Police Chief Richard Reff, Lieutenant Ron Parker, Fire Chief Mike
Boaze, Lieutenant Gary Rice, Controller Phyllis Rinehart, Human Resources Manager
Heather Weger, Lieutenant Steve Deardorff, and a number of other employees.
Others present: John Handy of the Houston Chronicle, Adam Yanelli of the Bayshore Sun,
Phillip Hoot, Jan Lawler, Shar Lynch, Ed Matuszak, Ann Malone, Fred Muston, Don Hill of
the Inter-Church Council, Pam Kroupa, Tracy Moser, Rehth Hall, Trey Hall, Alex
Rodrisoes, Sharon Tremaine, John Treamine, Estavan Gibson, Randall Polvado, Vanessa
Ayala, Cameron ODonel, Eric and Melissa O'Donel, Mike Gonzalez, Marie Gonzalez, Mr.
and Mrs. Dionisio, E.J. Drake, Samuel C. Banks, Thomas Weippert, Jessey Wikon, Davis
Kroupa, Joshua Thomas, Kenyen Lewis, Ian Moser, Jerry McNeil, Bill Manning, Jr., Ed
Matuszak and a number of citizens and Boy Scouts.
2. Don Hill of the Inter-Church Council delivered the Invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENT A TIONSI PROCLAMATIONS
A. Mayor Porter presented a Certificate of Achievement for Excellence for
Comprehensive Annual Financial Report. Finance Director Michael Dolby and
Controller Phyllis Rinehart were present to receive the award.
B. Mayor Porter presented Proclamation to Troop 930 and Pack 930.
5. CONSENT AGENDA
A. Consider approving Minutes of the Regular Meeting and Workshop Meeting of the
La Porte City Council held on January 14, 2007.
B. Council to consider approval or other action of an Ordinance approving and
authorizing a project cooperation Agreement between the City of La Porte and the
Texas General Land Office to provide construction, construction monitoring, and
administrative services for the Sylvan Beach Shoreline Protection and Beach
Nourishment Project according to the terms of the agreement provided. (Ord.
3061 ).
C. Council to consider approval or other action of an Ordinance amending Fiscal
Year 2007-2008 Budget (Ord. 2007-3024- E).
D. Council to consider approval or other action of an Ordinance calling for the
Regular Annual Election of the City of La Porte to be held on May 10, 2008, and
calling for a Run-Off Election, if necessary. (Ord. 3062).
E. Council to consider approval or other action of Approving Ordinances 2007 -IDA-
83, 2007-IDA-84, 2007-IDA-91, 2007-IDA-94 and 2007-IDA-101.
Motion was made bv Councilmember EnQelken to approve consent aQenda as presented.
Second by Councilmember Malone. The motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Beasley, Engelken, Ebow, and
Malone.
Abstain: None
Absent: Clausen
Councilmember Moser requested staff to consider placing budget adjustments after the
action item has been voted on.
Council had questions on items Band C.
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA.
There were no citizens wishing to address Council.
7. Council to consider approval or other action to convey lots held in trust by the City of La
Porte to Habitat for Humanity to construct affordable housing.
Motion was made by Councilmember Beasley to table this item until a future meeting.
Second by Councilmember Engelken. Motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Beasley, Engelken, Ebow and Malone.
Abstain: None
Absent: Clausen
Council took Executive Session Item D out of order at this time. Council adjourned to
Executive Session at 6:17 p.m.
Council returned to the table at 7: 18 p.m. with no action taken and reconvened the Regular
Meeting.
8. Council to consider approval or other action of a letter of Agreement from the Texas Main
Street Program to continue Downtown Revitalization efforts.
Main Street Coordinator Debra Dye presented summary and recommendation and
answered Council's questions.
Motion was made by Councilmember Beasley to approve the AQreement as presented by
Ms. Dye. Second by Councilmember Malone. The motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Beasley, Engleken, Ebow, and
Malone.
Abstain: None
Absent: Clausen
9. Council to consider approval or other action of an Ordinance amending the Civil Service
Ordinance authorizing number of positions in the classifications.
Police Chief Richard Reff presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 1285-R- "AN ORDINANCE
IMPLEMENTING POLICEMAN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS;
NUMBER OF AUTHORIZED POSITIONS IN EACH CALSSIFICATION; ESTABLISHING
PAY SCHEDULES"; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Enqelken to approve Ordinance 1285-R as
presented by Chief Reff. Second by Councilmember Malone. The motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Beasley, Engleken, Ebowand
Malone.
Nays: Moser
Abstain: None
Absent: Clausen
10. Council to consider approval or other action of the Developer's Agreement, Covenants,
conditions, and restrictions for "The Lakes at Fairmont Greens", to be located
Along State Highway 146 adjacent to the Bay Forest Golf Course.
Planning Director Wayne Sabo presented summary and recommendation and answered
Council's questions.
Motion was made be Councilmember Riqby to approve the aQreement as presented by Mr.
Sabo. Second by Councilmember Beasley. The motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Beasley, Engelken, Ebowand Malone.
Abstain: None
Absent: Clausen
11. Council to consider approval or other action authorizing the City Manager to execute an
Agreement with Klotz and Associates to conduct a City-wide Drainage Study in the amount
of $133,210.
Planning Director Wayne Sabo presented summary and recommendation and
answered Council's questions.
Motion was made by Councilmember Enqelken to approve the Aqreement as presented by
Mr. Sabo. Second by Councilmember Ebow. The motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Beasley, Engelken, Ebow and Malone.
Abstain; None
Absent: Clausen
Council recessed at 8:20 p.m. for a short break and reconvened the regular meeting at 8:25 p.m.
with no action taken.
12. Closed Regular Meeting and Open Workshop Meeting at 8:26 p.m.
A. Parks and Recreation Director Stephen Barr presented two proposed Agreements
with the La Porte- Bayshore Area Heritage Society, pertaining to future operations
of Sylvan Beach Depot.
The Council director Mr. Barr to have a needs assessment of the building and visit
with the La Porte Bayshore Area Heritage Society as to which option they
preferred. They further directed Mr. Barr to place this item on a future Council
agenda once the Council requests are completed.
B. Director of Planning, Wayne Sabo, Public Works Director, Steve Gillett, and Parks
and Recreation Director, Steven Barr updated City Council on the status of Capital
Improvement Projects.
C. Public Works Director Steve Gillett presented a selection of proposed streets for
asphalt overlay.
Council directed staff to move forward.
13. Mayor Porter closed Workshop Meeting and re-convened Regular Meeting at 9:04
p.m..
14. Administrative Reports
City Manager Ron Bottoms provided Council with the following Administrative Reports:
2008 Elected Officials Conference - February 1-3, 2008 -Irving, Texas.
Records Management Day - February 18, 2008.
Commissioner Garcia Town Hall Meeting - February 28,2008 - East Harris County
Activity Center - 6:30 p.m. - 8:00 p.m.
Update on short Term and Long Term Drainage Projects
Bay Area Houston Economic Partnership - First Annual State of the Economy - January
31, 2008 - NASA - Giruth Center - 4:00 p.m. - 6:00 p.m.
Wished Planning Director Wayne Sabo well in his new endeavors.
15. Council Comments - , Mosteit, Rigby, Moser, Beasley, Malone, Ebow, Engelken and
Porter.
16. Executive Session - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE
(CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELBERA TION 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)
551.072 (Deliberation regarding
Real property)
Meet with City Attorney, City Manager, and
Director of Parks to discuss Pasadena La
Porte Joint Venture Sports Complex
551.073 (Deliberation regarding
prospective giftO
Meet with City Manager, City Attorney and
Economic Development Coordinator to
discuss prospective gift to City of La Porte
551.087 (Deliberation regarding
Economic Development)
Meet with City Manager and City Attorney
to discuss Sylvan Beach Development
551.072 (Deliberation regarding
Real property)
551.074 (Personnel Matter)
Met with City Manager and City Attorney
to discuss Rail Spur Agreement
Meet with City Manager to discuss Duties
Council retired to Executive Session at 9:18 p.m. and returned to Regular Meeting
and reconvened at 11 :09 p.m.
17. Considerations and possible action on items in executive session.
There was no action taken.
18. There being no further business to come before Council the Regular Meeting was duly
adjourned at 11:10 p.m.
Respectfully submitted,
LfJl&d~
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this 11 th day of February 2008.
~~~~-
Mayor Alton E. Porter
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Bud2et
Requested By:
Source of Funds:
EDC
Report: Resolution:
Ordinance: X
Account Number: 038-6030-565-7001 (2)
(4) & (5)*
Amount Budgeted: $0
Department:
Exhibits: Revised Lease Agreement 908 Main
Amount Requested:
$8,300
SUMMARY & RECOMMENDATION
Attached you will find a copy of a revised lease agreement between the City and the
Economic Alliance Houston Port Region which was originally approved by the City Council
last fall. Subsequent to that approval by Council staff found that there were sections of the
agreement which needed further refinement and definition.
At the last City Council meeting you were present with the proposed changes which were
highlighted in orange on the attached agreement. The key changes center around defining
payment for services delivered to the City by the Alliance and the method of payment by the
City as well as the value of monetary credits given for potential leasehold improvements. The
date of the Agreement was also changed by mutual agreement to begin a fresh new 10 year
period beginning on January 1 of 2008.
Subsequent to this final draft for your consideration we were also informed by the Alliance of
grant funds that they have secured for other improvements. Staff and the Alliance updated
you on this new development in Executive Session at the last meeting. This information is
addressed as well in the revised agreement and it will be handled formally under separate
cover at a later date.
*Note: In order to track the funds appropriately as an economic development activity staff is
recommending that they be placed in the ED budget and a budget adjustment will be
requested at the next LPEDC meeting on February 25, 2008.
Action Required by Council:
Approve th attached Ordinance authorizing the City Manager to execute a revised Lease
Agre ent be een the City of La Porte and the Economic Alliance Houston Port Region.
J /~~~
Date
ORDINANCE NO. 2008-~q TD- A
AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO THE LEASE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE ECONOMIC ALLIANCE
HOUSTON PORT REGION, 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
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 lr~day of'~uar~, 2008.
CITY OF LA PORTE
~y~
Alton E. Porter, Mayor
By:
ATTEST:
Lff1 d1tfrtutl ~4
Martna A. Gillett
City Secretary
APPROVED:
~T~
Clark T. Askins
Assistant City Attorney
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Lease Agreement
This Lease Agreement ("Lease") is made and entered into January 1, 2008, 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 ("Leased Premises") 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 January 1, 2008 and ending March 31, 2018.
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 an 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 for, and in lieu of,
the $20,000.00 annual fee for membership in the Economic Alliance Houston Port Region.
Membership privileges for Landlord 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.
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C. In addition to the monthly rental fees established in Section 2 A., above, the Tenant shall
provide additional services as outlined on Exhibits A and B, attached to this Lease Agreement
and incorporated for all purposes, as deliverables to the Landlord to off-set the additional square
footage provided to the Tenant for their use in excess of the regular office space initially
requested by the Tenant; provided however, that the value of the credit to the Tenant by the
Landlord for the off-set (deliverables) for the additional space provided shall not exceed $8,333
annually. The additional space provided can be utilized as the Tenant determines is appropriate
for their operations as long as such usage is in accordance with Section 6.of this agreement.
D. Notwithstanding Section C. above the Landlord acknowledges that the value of the on-going
deliverables as specified in Exhibits A and B to this Lease Agreement will likely exceed the costs
necessary to off-set the additional office space provided to Tenant, and recognizes that additional
yearly credits will need to be given to the Tenant by the Landlord as either credits for additional
services provided or for improvements to the leasehold by Tenant, in accordance with Section 6.
of the Lease Agreement.
3. Use.
Notwithstanding 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, 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.
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 ir,lprovements. The monetary credits will be
given by the Landlord through the continued payment of utilities as specified in Exhibits A and B to this
Lease Agreement. The value of the monetary credits to be given to each of the parties will be in
accordance with Exhibit C to this Lease Agreement. Any enhancements to bring the property in
2
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.
A. The Landlord shall pay the costs for the utilities at the location as monetary credits to the
Tenant for improvements to the facilities made by or on behalf of the Tenant in accordance with
the terms of Section 6. of this Lease Agreement, or for services which exceed $8,333.00 per
year.
B. Any credits, whether accumulated in exchange for services as listed on Exhibits A and B or
for leasehold improvements as noted in Section 6, shall be deemed forfeited by the Tenant at the
end of the lease if another lease is not executed in accordance with Section 1 C. of this Lease
Agreement.
8. Taxes.
Landlord is a municipal corporation and is exempt from taxes. Tenant shall be responsible for any taxes
on its leasehold estate that may otherwise apply.
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, including if the damage results from an
unintentional act or negligence of Tenant or any of Tenant's agents, employees or invitees. The
Landlord shall carry insurance for unintentional 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 intentionally 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~ms.
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
3
signs installed by Tenant. Landlord will remove and pay for all signs from previous tenant if previous
tenant fails to remove.
11. Entry.
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. Parkina.
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 t~ereof 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.
14. Damaae 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
4
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.
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. Record Keepina and Reconciliation.
A. Both Landlord and Tenant agree that each shall keep accurate records for the purposes of
accountability to each other in their perspective roles as they relate to Sections 6 and 7 of this
Lease Agreement. The Landlord shall track the monthly utility costs for the operation of the
Leased Premises and the Tenant shall track the costs of all improvements made to the building
situated on the Leased Premises. Each shall meet at least twice a year to review, confirm, and
mutually accept their respective credits. At the time of reconciliation both parties may also agree
to a cash payment in lieu of additional credits, if the amount of the accumulated credits exceeds
$10,000 at the time of any reconciliation.
B. Not withstanding the above, the Landlord also agrees to reimburse the Tenant for actual out of
pocket expenses incurred by Tenant in support of the agreed to services which are delivered in
accordance with this Agreement.
5
20. 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:
City of la Porte, Texas
Attention: City Manager
604 West Fairmont Parkway, La Porte, Texas 77571
Ifto 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.
21. 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.
22. 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.
23. Memorandum of Lease.
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.
24. Headinas.
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.
25. Successors.
The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their
respective legal representatives, and assigns.
26. 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.
6
27. 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.
28. Final Aareement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter
hereo is Agreement may be modified only by a further writing that is duly executed by both parties.
o ,the parties have executed this Lease as of the day and year first above written
ex"')
I.' ,.
/' t [z.rJ2/lJ
7
Exhibit A
Years 1 to 3 of Lease Agreement
In years 1 to 3 of the Lease Agreement and in consideration of the deliverables listed below the Landlord
will pay all utilities and services defined as: Electricity, Gas, Water/SewerlTrash, Security Alarm,
Extermination Control and Janitorial (including janitorial services in accordance with the terms listed in
Section 13. "Restrooms", of the Lease Agreement). The payment of utilities and services will be as a
credit against the deliverables provided by Tenant. However, in any case the credit given shall not exceed
$8,333.00 per year.
Taraeted for 2008 - Business Retention Policv and Systematic Implementation
Contractual Fee - $5000
Service Provided - By August 2008
(Fee amount based upon benchmarking of other local similar programs)
. Research for Plan Development (will include interviews and surveys)
. Compilation of Initial Plan Draft
. Facilitation of Stakeholders to Help Bring Consensus and Final Adoption.
Taraeted for 2008 - Economic Development Compliance and Alianment Facilitation
Estimated Contractual Fee - $12,000
Period Service Provide - Over Six Month Period
(Fee amount based upon benchmarking of other local similar programs)
. Provide a workshop for multi departments and commissions to explore the city's overall economic
development process with the goal to identify synergies and alignment opportunities among Elected
City Leaders, 48 Corporation Board Members, Planning and Zoning Commission Members, and Main
Street Commission Members. The work can be used as a resource for any future strategy setting by
the City of La Porte.
. Prior to the workshop, work hand in hand with the Economic Development Coordinator of the City of
La Porte to implement a Pre-Workshop S.W.O.T. analysis survey (Strengths, Weaknesses,
Opportunities and Threats) among the leaders mentioned above.
. Provide a summary report of the SW.O.1. analysis survey for the workshop
. Includes hosting meetings and helping with facilitation expertise.
Onaoina Each Year - Small Business Retention
Provided through December 31, 2008 Contractual Fee = $8000 (Fee amount based upon
benchmarking of other local similar programs)
. Monthly Visitation for Feedback with at Least Two La Porte Businesses
. Provide support to Main Street Coordinator in Exploring Incentive Strategies designed for Main Street
growth.
8
Exhibit B
Years 4 to 10 of Lease Agreement
In years 4 to 10 of the Lease Agreement it is recognized that the Tenant continues to accrue the same
obligation for off-set of the additional lease space provided to the Tenant by the Landlord in accordance
with Section 2 C. of the Lease Agreement.
It is also recognized that continuing in years 4 to 10 of the Lease Agreement that the value of the services
provided and the leasehold improvements made for and on behalf of the Landlord is anticipated to
exceed the off-set space credit of $8,333.00 annually. This excess value is recognized and accepted by
the Landlord as monetary credits that will be due the Tenant unless this lease is otherwise terminated
during the term of the Agreement and if so, the provisions of Section 7 B. of the Lease Agreement shall
apply.
Therefore, in consideration of the leasehold improvements and the services listed below, the City of La
Porte will continue to pay all utilities and services defined as: Electricity, Gas, Water/Sewer/Trash,
Security Alarm, Extermination Control and Janitorial (including janitorial services in accordance with the
terms listed in Section 13. "Restrooms", of the Lease Agreement), until such time as both parties have
satisfied their obligations under this Lease Agreement or a new Lease Agreement is executed.
Onaoina Each Year - Small Business Retention
Provided through December 31, 2008 Contractual Fee = $8000 (Fee amount based upon
benchmarking of other local similar programs)
. Monthly Visitation for Feedback with at Least Two La Porte Businesses
. Provide support to Main Street Coordinator in Exploring Incentive Strategies designed for Main Street
growth
9
Exhibit C
Monetary Value, Credits, Terms, Other Defined
In accordance with Section 6."Alterations and Improvements", of this Lease Agreement, the Landlord and
Tenant agree on the following with respect to the monetary value, credits, and terms of the leasehold
improvements:
Credit
Leasehold Improvements by Tenant are a credit to the Tenant (+)
Oeliverables/Services Provided by Tenant are a credit to the Tenant (+)
Additional space provided by Landlord to Tenant is a credit to the Landlord (-)
Utilities paid by Landlord are a credit to the Landlord (-)
Equal (=) Total balance due to Tenant by Landlord
Value
To insure proper credit to the Tenant by the Landlord, when making any improvements to the building the
Tenant will insure that work completed will be verified by sworn affidavit and certification from the
Contractor/Builder as to the work scope of work completed and the net present value of the work,
including the prevailing wages for the labor utilized.
Terms
All credits due to Tenant for building improvements at 908 Main and for 912 Main fayade and/or building
improvements are forfeited at the end of the term of this lease if another lease is not executed by the
parties.
Other
Landlord has been notified and understands that the Tenant intends, with City Council approval, to make
available to the Landlord funds for 912 Main for fac;ade and/or building improvements. Landlord hereby
agrees to give additional monetary credits to the Tenant over the term of this lease in an amount not to
exceed the monies given or agreed to in writing by both parties for such fac;ade and/or building
improvements. Such credit due to the Tenant by the Landlord for the 912 Main location will be addressed
under separate written contract agreed to by both parties
10
7
RE UEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requeste Appropriation
Source of Funds:
015 (eIP)
Requested By:
Department:
Plannine:
Account Number: 015-9892-859-5120
Report: ....K- Resolution: _Ordinance: ....x....-
Amount Budgeted: $91,000.00
Amount Requested:
YES
Exhibits: Letter of Request for Amendment Budgeted Item:
Ordinance
Contract Amendment with Harris County
Draft Proposal from Sheila Frye and Associates
SUMMARY & RECOMMENDATION
In August 2006, City Council approved a contract with Harris County to accept $457,300 in HUD funding for the construction
of five (5) new affordable homes as part of the Northside Neighborhood Project. Two of the five homes are nearing
completion and a notice to proceed has been issued for the remaining three homes.
During initial coordination with the project managers from Harris County, it was believed that County, using their
downpayment assistance program, would handle the processing of the applicants and the closing ofthe homes since the City of
La Porte would only be handling the construction and marketing of the homes. As applicants were being referred to Harris
County, it became apparent that additional assistance would be needed to successfully qualify families to occupy the homes in
a timely manner. City Staff suggested that Harris County reallocate a portion of the required City match cash payment to allow
La Porte to hire a consultant to assist with the closings. Letter of request is attached as exhibit I
Staff solicited a professional services proposal from Sheila Frye and Associates to perform qualifying, educational and closing
services for the five HOME project residences. Ms. Frye was instrumental in closing the first eleven homes in the PY 2002
Grant. For the sum of $12,500, Ms Frye's firm will qualify the applicants, provide the required educational instruction and
manage the closings for the five homes in the PY 2006 grant. In the spirit of cooperation, Harris County has amended our
contract to reduce the 25% match requirement by $12,500 in order for the City of La Porte to hire a consultant. There is,
therefore, no impact to the budget since the bottom line expenditures do not change; only realigned.
Staff recommends that City Council approve the ordinance to accept the amended contract provisions with Harris County to
reduce the match requirement and direct the City Manager to execute a contract with Sheila Frye and Associates to process
qualified applicants to complete the PY 2006 HOME grant program. The program ending date is August 31, 2008. The
project addresses are: 211 North 1st Street (Lots 23-24, Block 62, La Porte), 216 North 2nd Street (Lots 3-4, Block 62, La
Porte), 207 North 2nd Street (Lots 21-23, Block 63, La Porte), 210 North 6th Street (Lots 9-11, Block 66, La Porte), 224 North
6th Street (Lot 3-4, Block 66, La Porte)
tt/o~
CITY OF LA PORTE
604 W. Fairmont Parkway, la Porte, TX 77571
www.ci.la-porte.tx.us
Phone: (281) 471-5020 I Fax (281) 471-5005
January 10, 2008
Mr. David B. Turkel
Director, Harris County
Community and Economic Development Department
8410 Lantern Point Dr.
IIouston, TJ( 77054
Re: CEDD Project-PY 2006, City of La Porte - Northside Neighborhood Project, Phase ll,
HOME Grant # 2006-0050
Dear Mr. Turkel,
Attached at enclosure 1 is a proposed amendment to the construction budget submitted with our grant
proposal for the PY 2006 HOME grant program. The City of La Porte is requesting an amendment in
order to fund marketing and closing efforts as the homes are completed. The justification for this
proposal is as follows:
The first two of the five homes are nearing completion and a notice to proceed has been issued for the
remainder. It is anticipated that the project will be completed by July 31, 2008. It is an advantage to
the future citizens of La Porte who will apply for these homes and for County downpayment assistance
to have step-by step guidance throughout the application process. In this manner, the City of La Porte
hopes to avoid some of the frustration and confusion experienced by the applicants and eventual home
owners who took advantage of the PY 2002 grant. As such, the City will entertain a proposal from a
consultant to render customized assistance in marketing, and for educating and qualifying the
applicants for the PY 2006 homes. The resulting amendment request is for $12,500 to be transferred
from the construction activities account within the match portion of the budget, to the marketing and
listing account. The approval of this amendment would reduce the construction portion to $100,575
and shift the subtracted amount of $12,500 to the marketing portion of the City-match budget. The
bottom line of$114,325 for the City match of25% is not affected by this amendment.
need anything further, the point of contact for the City of La Porte is Wayne J. Sabo,
irector, at 281-470-5056.
I Enclosure: as stated
Cc: Department File
EXHIBIT B
BUDGET
(
The City of La Porte Northside Housing Affordable Single-Family New Construction Project
Maximum Amount to be Paid Under this Agreement.
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall
not exceed FOUR HUNDRED FIFTY SEVEN THOUSAND THREE HUNDRED DOLLARS and 00/100
($457,300.00).
Project Budget
'<'i:~ '(;;:;,~t~~:'~~, :;:f~1;~8~:';:f/ ,. .;~;':'};::[tI~t;i:"
Description
)~hiL%:l;J~;;;[~~i~;~~I;;~:;iJi
personnel
Non Person nel
Subtotal
(
$0.00
$0.00
$0.00
$452,300.00
$5,000.00
$0.00
$0.00
$0.00
100,575.00
$1,250.00
Down Payment Assistance
Acquisition
Rehabilitation
New Construction
Developer Fee 10%)
De.velopmfJnt Financing Savings
Coilstmction Financing Savings
Marketing & Listing
$0:00 .
$O.Ob
$0.00
$12,500.001 .
$114,325.00
$114,325.00
Subtotal
.r:',\\~~Jrlt~I~~~~~eIt.i~t~~r;;)3~ri(:(~~:
~. ",~~
j~
$0,00
$0.00
$0.00
$0.00
$0.00
$457,300.00
Page 26 of 57
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $55:2; 875. 0
$0.00 $6,250.00.
$0.00
$0.00
$0.00 $0:00
$0.00 $12 ,500.0
$O.QD, $571,625.00
$0.00 $571,625.00
Enclosure 1
ORDINANCE NO. 2006-2936-A
AN ORDINANCE AMENDING A CONTRACT BETWEEN THE CITY OF LA PORTE
AND HARRIS COUNTY COMMUNITY AND ECONOMIC DEVELOPMENT
DEPARTMENT FOR THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM,
BY REDUCING THE CITY'S MATCHING CONTRIBUTION BY $12,500; FROM
$42,203.00 TO $29,703.00; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPUANCE WITH THE OPEN MEETINGS
LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the agreement or
other undertaking described in the title of this ordinance, in substantially the form as shown
in the document which is attached hereto and incorporated herein by this reference. The
City Manager is hereby authorized to execute such document and all related documents
on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such documents. City Council
reduces the previous appropriation of $42,203.00 by $12,500.00, for a sum of up to
$29,703.00 from Capital Improvement Account Number 015-9892-859-5120, to fund said
Home Investment Partnership (HOME) Program.
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.
ORDINANCE NO. 2006-2936-A
PAGE 2
Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this j rtJ-- day of ~'Y
,2008.
CITY OF LA PORTE
By:
~y~
Mayor
ATTEST:
LjY/0JitdJd/
City Secretary
APPROVED:
<<~r~
City Attorney
HARRISCQUNTY,TEXAS
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
RECEIVED
Community Development Division
8410 Lantern Point Dr.
Houston, Texas 77054
Tel (713) 578-2000
David B. Turkel
Director
February 1, 2008
Mr. Ron Bottoms, City Manager
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
FEB U~)
CITY MANAGER'S
OFFICE
Re: Project No. 2006-0050, Northside Neighborhood Project Contract Agreement First
Amendment
Dear Mr. Bottoms:
Please see the enclosed First Amendment to the Agreement between Harris County and the City
of La Porte for the Northside Neighborhood Affordable Housing Project. The Harris County
Community and Economic Develo~ment Department seeks to have the amendment approved on
Commissioners Court February 19t agenda. Upon execution, a recorded copy will be returned to
you.
Please sign both originals and return both to Sally Bakko by Wednesday, February 13, 2008.
Your assistance is very much appreciated.
Sincerely,
{b~~i-
Grants Management
Affordable Housing Manager
J:\gmshare\QAlAffordableHollsingTeam(2)\Projects\CityofLaPorte\NorthsideHollsingII\Contracts\First Amendment\City of La Porte J st Amendment Cover Letter.doc
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HARRIS COUNTY, TEXAS
COMMUNITY SERVICES DEPARTMENT
David B. Turkel
Director
Daphne Lemelle
Community Development Director
Office of Housing & Community Development
8410 Lantern Point Drive
Houston, Texas 77054
Tel (713) 578-2000
Fax (713) 578-2090
Mr. Ron Bottoms, City Manager
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
RECEIVED
MAR J 9 2008
CITY MANAGEWS
OFFICE '
March 17, 2008
Re: Project No. 2006-0050, Northside Neighborhood Project Contract Agreement First
Amendment
Dear Mr. Bottoms:
Please find enclosed a recorded copy of the executed First Amendment to the Agreement
between Harris County and the City of La Porte for the Northside Neighborhood Affordable
Housing Project. We continue to look forward to working with you in the success of this project
so please contact our office if there are any additional concerns.
If you have any questions, please contact Sally Bakko at (713) 578-2211.
Sincerely,
Dwight
Grants anagement
Affordable Housing Manager
o;:J~
HA~SCOUNTY,TEXAS
COMMUNITY SERVICES DEPARTMENT
David B. Turkel
Director
Daphne Lemelle
Community Development Director
Office of Housing & Community Development
8410 Lantern Point Drive
Houston, Texas 77054
Tel (713) 578-2000
Fax (713) 578-2090
February 22, 2008
County Judge Emmett and
Commissioner Lee, Garcia, Radack and Eversole
AGENDA LETTER
Please consider the following item on the Commissioners Court Agenda for March 4, 2008:
Approval of the attached First Amendment to the Agreement, prepared by the County
Attorney, between Harris County and The City of La Porte for The Northside Neighborhood
Single-Family Housing Project. The amendment revises the amount of match funds to be
provided. The subject project is located in the City of La Porte, Harris County, Texas, in
Precinct 2.
Thank you for your assistance with this request.
Vote of the Court: Yes No Abstain
I 0 D
. Judge Emmett
Comm. Lee B ~
Comm. Garcia
Comm. Radack D
Comm. Eversole 0
DBT/erw/dw/sb
David B. Turkel, Director
Community and Economic Development :::r
Department ">
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FIRST AMENDMENT TO AGREEMENT BETWEEN HARRIS COUNTY AND THE
CITY OF LA PORTE FOR THE NORTHSIDE NEIGHBORHOOD SINGLE-F AMIL Y
NEW CONSTRUCTION PROJECT
RECITALS
WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas,
hereinafter referred to as "Grantee," and the City of La Porte, a Texas body politic and corporate under the
laws of the State of Texas, herein called the "Subre<;ipient", entered into an Agreement on August 22, 2006
to administer a HOME Investment Partnerships (HOME) Program project in a manner satisfactory to the
County and consistent with any standards required as a condition of providing these funds. Such project
includes the construction of five (5) single-family houses for very low and low-income families, which is
known as the Northside Neighborhood Single-Family New Construction Project (hereinafter, the "Project").
WHEREAS, the Grantee and the Subrecipient desire to amend said Agreement in order to authorize the
County to reduce the required amount of match received from the Subrecipient by an amount of
$12,500.00.
NOW, THEREFORE, the Grantee and the City of La Porte do mutually agree as follows:
I.
Exhibit A, Scope of Services, section III. ACTIVITIES, subsection D. MatchinQ Funds Requirement, of the
original Agreement, which reads as follows:
D. Matchinq Funds Requirement
HOME Program funds used for Subrecipient construction activities are required to be matched
according to 24 C.F.R. 3 92.218. The matching contribution must total not less than twenty-five
percent (25%) of HOME funds expended. Eligible forms of matching contributions must be met in
accordance with 24 C.F.R. 3 92.220.
The Subrecipient's required matching contribution for this Project shall equal no less than
$114,325.00.
Is hereby amended to read as follows:
D. MatchinQ Funds Requirement
HOME Program funds used for Subrecipient construction activities are required to be matched
according to 24 C.F.R. 3 92.218. Eligible forms of matching contributions must be met in
accordance with 24 C.F.R. 3 92.220.
The Subrecipient's required matching contribution for this Project shall equal no less than
$101,825.00.
II.
EXHIBIT B, BUDGET
The City of La Porte Northside Housing Affordable Single-Family New Construction Project
Maximum Amount to be Paid Under this Agreement
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement
shall not exceed FOUR HUNDRED FIFTY SEVEN THOUSAND THREE HUNDRED DOLLARS and 00/100
($457,300.00).
Project Budget
Budget Summary
Description HCCEDD Match Other Total
Project Delivery Costs
Personnel $0 $0 $0 $0
Non Personnel $0 $0 $0 $0
Subtotal $0 $0 $0 $0
Project Costs
Down Payment Assistance $0.00 $0.00 $0.00 $0.00
Acquisition $0.00 $0.00 $0.00 $0.00
Rehabilitation $0.00 $0.00 $0.00 $0.00
New Construction $452,300.00 $113,075.00 $0.00 $565,375.00
HCPID Inspection $5,000.00 $1,250.00 $0.00 $6,250.00
Subrecipient Reserve Funds
Developer Fee(10%) $0.00 $0.00 $0.00 $0.00
Development Financing Savinas $0.00 $0.00 $0.00 $0.00
Construction Financing Savinas $0.00 $0.00 $0.00 $0.00
Marketina & Listing $0.00 $0.00 $0.00 $0.00
Subtotal $0.00 $114,325.00 $0.00 $571,625.00
Project Budget Total $457,300.00 $114,325.00 $0.00 $571,625.00
2
Is hereby amended to read as follows:
EXHIBIT B. BUDGET
The City of La Porte Northside Housing Affordable Single-Family New Construction Project
Maximum Amount to be Paid Under this Agreement
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement
shall not exceed FOUR HUNDRED FIFTY SEVEN THOUSAND THREE HUNDRED DOLLARS and 00/100
($457,300.00).
Project Budget
Budget Summary
Description HCCEDD Match Other Total
Project Delivery Costs
Personnel $0 $0 $0 $0
Non Personnel $0 $0 $0 $0
Subtotal $0 $0 $0 $0
Project Costs
Down Payment Assistance $0.00 $0.00 $0.00 $0.00
Acquisition $0.00 $0.00 $0.00 $0.00
Rehabilitation $0.00 $0.00 $0.00 $0.00
New Construction $452,300.00 $100,575.00 $0.00 $552,875.00
HCPID Inspection $5,000.00 $1,250.00 $0.00 $6,250.00
Subrecipient Reserve Funds
Developer Fee(10%) $0.00 $0.00 $0.00 $0.00
Development Financinq Savinqs $0.00 $0.00 $0.00 $0.00
Construction Financinq Savinqs $0.00 $0.00 $0.00 $0.00
Marketinq & Listinq $0.00 $0.00 $0.00 $0.00
Subtotal $0.00 $101,825.00 $0.00 $559,125.00
Project Budget Total $457,300.00 $101,825.00 $0.00 $559,125.00
III.
All other conditions of said original Agreement shall remain in full force and effect as originally written.
3
IN WITNESS WHEREOF, the Parties have executed this First Amended Agreement as of
the _ day of MAR () 4 zeOB ' 2008.
Harris County
By: ~ En.t~5 L-
ED EMMETT
County Judge
~~~
DAVID TURKEL
Director
Harris County Community and
Economic Development Department
APPROVED AS TO FORM:
MIKE STAFFORD
::U~jajJ) Q
DOl1GLA P. RAY
Assistant County Attorney
Attest:
Name:
Title:
~
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the
Harris County Administration Building in the City of Houston, Texas, on the day of
!tAR 0 4 2IlOl , 2008, with the following members present, to-wit:
Ed Emmett
El Franco Lee
Sylvia R. Garcia
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct No. 1
Commissioner, Precinct No.2
Commissioner, Precinct No.3
Commissioner, Precinct No.4
and the following members absent, to-wit: ~.
quorum, when among other business, the following was transacted:
, constituting a
ORDER AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO
AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR
THE NORTHSIDE NEIGHBORHOOD SINGLE-FAMILY NEW CONSTRUCTION
PROJECT
Commissioner introduced an order and made a motion that the same be
adopted. Commissioner seconded the motion for adoption of the order.
The motion, carrying with it the adoption of the order, prevailed by the following vote:
Yes No Abstain
Judge Emmett 0 0
Comm. Lee 0 0
Comm. Garcia 0 0
Comm. Radack 0 0
Comm. Eversole 0 0
The County Judge thereupon announced that the motion had duly and lawfully carried and that
the order had been duly and lawfully adopted. The order thus adopted follows:
R E C I TAL S:
WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas,
hereinafter referred to as "Grantee," and the City of La Porte, a Texas body politic and corporate under the
laws of the State of Texas, herein called the "Subrecipient", entered into an Agreement on August 22,2006
to administer a HOME Investment Partnerships (HOME) Program project in a manner satisfactory to the
County and consistent with any standards required as a condition of providing these funds. Such project
includes the construction of five (5) single-family houses for very low and low-income families, which is
known as the Northside Neighborhood Single-Family New Construction Project (hereinafter, the "Project").
Presented to Commissioner's Court
2
MAR 042008
APPROVE
Recorded Vol- Page
WHEREAS, the Grantee and the City of La Porte desire to amend said Agreement in order to authorize the
County to extend the time of performance for a period of one year.
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS
COUNTY, TEXAS THAT:
Section 1: The recitals set forth in this order are true and correct.
Section 2: The Director of Harris County Community and Economic Development is
authorized to execute an amendment to the Agreement on behalf of Harris County
between Harris County and the City of La Porte to construct five (5) single-family
homes located at 211 North 1st Street, 207 and 216 North 2nd Street, and 210 and
224 North 6th Street in the City of La Porte, Harris County, Texas, in Precinct 2.
The First Amendment is attached hereto and made to part hereof for all purposes.
Section 3: The Community and Economic Development Department and its director or his
designee are authorized to take such actions and execute such other documents as
they deem necessary or convenient to carry out the purposes of this order.
3
SHEILA FRYE & ASSOCIATES
Housing Consultants
2208 Blodgett 8t.
Houston, Texas 77004
January 9, 2007
Mr. Wayne Sabo
Director of Planning
City of LaPorte
604 W. Fairmont Parkway
LaPorte, Texas 77571
Dear Mr. Sabo:
Sheila Frye & Associates are pleased to submit our proposal for consideration to provide
Housing to the city of LaPorte. We believe we can assist your city in enhancing your
vision to provide quality services to the community you serve.
With over 19 years in the affordable housing arena, there is no doubt that Sheila Frye &
Associates(SF A) can make this happen. SF A proposes to provide our initial professional
services for a fee not to exceed $12500. Additional services not identified in this
proposal can be modified to meet your needs at no additional cost.
I have attached for your information a description of my services that will be provided by
my firm. If you have any questions or modifications, please do not hesitate to contact me
at 713-521-3502. I truly look forward to working with you and your city to make dreams
of homeownership for families come true that step through the doors of the City of
LaPorte, Texas
Sincerely,
~<-cY-~
Consultant
Attachments
City of LaPorte
Professional Services
SHEILA FRYE & ASSOCIATES (SFA) proposes to work with your organization team,
in the following areas:
· Develop appropriate marketing materials, flyers for distribution in both English
and Spanish
· Development and distribution of the flyer for all Homebuyer Education classes
scheduled
· Provide staff for the upcoming event in both English and Spanish to assist
potential buyers and participant of the event
· Market all 5 homes to community residents and community residents that attend
the Homebuyer education class administered by SHEILA FRYE &
ASSOCIATES affiliate ofNID-Housing Counseling Agency(HUD approved
organization)
· Assist each buyer with the purchase agreement with the seller/city or builder and
selection of home
· Work closely with the builder to determine purchase amounts, start of
construction and end of construction
· Provide Homebuyer education program at no cost to the buyer. Each buyer will
be given a certificate that will allow access to Harris County Down Payment
Assistance program. These classes will be at a minimum of 8 hours, all materials
are Fannie Mae and HUD approved and will be provided by SF A
· Provide access to credit counseling agencies for potential buyers in need of long
term counseling services
· Work closely with FRYE's Homeownership Center lenders to pre-screen clients
before the selected lender takes loan application i,e. Capital One Bank, Liberty
Bank and Wachovia Bank.....all Banks are on Harris County approved lenders
lists
· Provide monthly status report
· Attend meeting concerning the agency development on an as needed basis
· Work closely with the Director of Planning and Project/Program manager and
Builders in the Development
· Coordinate closing between City of LaPorte, Harris County, buyer and lender
· Walk all closing documents to city for City manager or authorized party to sign
and return to appropriate parties i.e., Harris county, title, etc.
· Maintain copy of applicant file for City of LaPorte, Harris county and Frye &
Associates to be handed over at the time of Project completion
SHEILA FRYE & ASSOCIATES
Housing Consultants
2208 Blodgett 8t.
Houston, Texas 77004
CONSUL TING AGREEMENT
THIS CONSULTING AGREEMENT ("Agreement") is entered into and by City of LaPorte and
SHEILAFRYEASSOCIA TES ("SF A").
NOW, THERFORE, together the parties hereto agree as follows:
1. Provision of Services.
Subject to the terms of this Agreement, City of LaPorte herby engages SF A to perform the services
("Services") set forth in Exhibit A attached hereto. SFA may, at SFA's discretion and at SFA's own
expense, use employees or consultants to perform the Services under Agreement.
2. Term of Engagement.
This Agreement shall be effective for ten months (10) as of February 14,2008 (the "Effective
Date") and shall automatically terminate (the "Termination Date") on December 14,2008.
3. Termination.
a. If for any reason SFA is unable to provide the Services, City of LaPorte may, at its option,
terminate this Agreement by delivering thirty (30) days written notice in advance of the termination
date.
b. City of LaPorte and SF A each have the right to terminate this Agreement for any reason upon
thirty (30) days written notice to the other party.
c. This Agreement terminates automatically upon the occurrence of any of the following events: (i)
Bankruptcy or insolvency of either party; or (ii) sale of the business.
d. If this agreement is terminated by either party for any reason, City of LaPorte shall have no
further obligation to make any payments, except for appropriate fees and expenses incurred by
Consultant pursuant to Section 4 but unpaid prior the date of termination.
4. Compensation.
a. The compensation for the Services to be performed hereunder is $12500.00.
b. SF A will maintain complete books and records with reasonable detail of revenues and
expenditures for inspection at reasonable times if deemed necessary by City of LaPorte
5. Expenses.
SF A will incur all reasonable out-of-pocket expenses while performing the Services for the City of
LaPorte.
6. Independent Contractor
a. SF A enters into this Agreement as, and shall continue to be, an independent contractor. SF A is not an
employee, partner, principal or agent of City of LaPorte, nor shall SF A possess any right of authority to
bind City of LaPorte in any manner without the consent of City of LaPorte. SF A shall not be entitled to
any benefits that may be accorded to City of LaPorte employees, including workers' compensation,
employee benefit plans, disability insurance, vacation or sick pay.
7. Indemnification.
a. SF A hereby agrees to indemnify, defend and hold harmless City of LaPorte officers and directors from
and against any and all claims, including without limitations any claims by employees, consultants, sub-
contractors, or agents of SF A, demands, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest and penalties, and reasonable attorneys' fees and costs, that
City of LaPorte may incur or suffer and that result from, or are related to, any breach of any representation
or warranty in this Agreement or breach or failure of SF A, its employees, consultants or subcontractors, to
perform any covenant or agreement contained in this Agreement.
8. General Provisions.
a. Entire agreement; Modification. This Agreement contains the entire agreement between the parties with
respect to the subject matter of this Agreement and supersedes all prior oral or written understanding and
agreements. No provision of this Agreement may be changed, extended, waived, modified, discharged or
terminated, except by a written instrument executed by the parties hereto.
b.Notice. Any notice, payment, report or any other communication required or permitted to be given by
one party to the other party by this Agreement shall be in writing, shall be deemed effective upon receipt
and shall be either (a) served personally on the other party or by facsimile to the facsimile number
indicated below, (b) sent by express, registered or certified first-class mail, postage prepaid, addressed to
the other party by like notice, or (c) delivered by commercial courier to the other party, at the following
address:
TO
City of LaPorte
Mr. Ron Bottoms
City Manager
604 W. Fairmont Parkway
LaPorte, Texas 77571
FROM:
Sheila Frye and Associates
2208 Blodgett St.
Houston, TX. 77004
713-521-3502 Phone
713-523-4660 Fax
IN WITNESS WHERE~~thiS Consulting g eement has been executed by each of the
parties e cti the J day of , 2008.
City
ms, City Manager
BY:
Name:
Title:
SHEILAFRYEASSOCIA TES
By: of~b cr~
Name: ~'hel/~ Frye
Title: ,/r ~~ i I~
Exhibit A
City of LaPorte
Professional Services
SHEILA FRYE & ASSOCIATES (SFA) proposes to work with your organization
team, in the following areas:
. Develop appropriate marketing materials, flyers for distribution in both English
and Spanish
. Development and distribution of the flyer for all Homebuyer Education classes
scheduled
. Provide staff for the upcoming event in both English and Spanish to assist
potential buyers and participant of the event
. Market all 5 homes to community residents and community residents that attend
the Homebuyer education class administered by SHEILA FRYE &
ASSOCIATES affiliate ofNID-Housing Counseling Agency(HUD approved
organization)
· Assist each buyer with the purchase agreement with the seller/city or builder and
selection of home
· Work closely with the builder to determine purchase amounts, start of
construction and end of construction
· Provide Homebuyer education program at no cost to the buyer. Each buyer will
be given a certificate that will allow access to Harris County Down Payment
Assistance program. These classes will be at a minimum of 8 hours, all materials
are Fannie Mae and HUD approved and will be provided by SF A
· Provide access to credit counseling agencies for potential buyers in need of long
term counseling services
· Work closely with FRYE's Homeownership Center lenders to pre-screen clients
before the selected lender takes loan application i,e. Capital One Bank, Liberty
Bank and Wachovia Bank.....all Banks are on Harris County approved lenders
lists
. Provide monthly status report
. Attend meeting concerning the agency development on an as needed basis
. Work closely with the Director of Planning and Project/Program manager and
Builders in the Development
· Coordinate closing between City of LaPorte, Harris County, buyer and lender
. Walk all closing documents to city for City manager or authorized party to sign
and return to appropriate parties Le., Harris county, title, etc.
· Maintain copy of applicant file for City of LaPorte, Harris county and Frye &
Associates to be handed over at the time of Project completion
10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Februarv 11,2008
Budl!et
Requested By: Ron Bottoms
Source of Funds:
Department:
Administration
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Rail Spur Agreement
Amount Requested:
Exhibits:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
Attached is a Rail Spur Agreement between the City of La Porte and Frontier Logistics, LLC and La Porte Real
Property LLC for your consideration and approval. This rail spur utilizes a portion of the City's 5.98 acre tract that
is currently leased to Flanagan Shipping and the North H Street right-of-way. The Flanagan lease contains a rail
spur option that will need to be exercised to support this agreement. The term of the agreement is 80 years, with the
payment to the city being $4.50/ft2 (currently estimated at around $900,000) - the actual payment will be determined
based upon the fully engineered and coordinated rail design. A recent appraisal of the property placed the current
value at $2.25/ft2.
If approved there are several benefits to the city, including the possibility of displacing some of the port truck traffic
with the expanded rail capacity, the creation of jobs, and increasing our tax base. The rail spur operations will be
limited to 10:00 p.m. to 4:00 a.m. and are enforceable per this agreement.
..L~)8
Date
RAIL SPUR AGREEMENT
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This Agreement made
Logistics, LLC, a Texas
and entered into by and between Frontier
limited liability company, and La Porte
Real Property, LLC, a Texas limited liability company, of Harris
County, Texas, hereinafter referred to as "Owners", and the CITY OF
LA PORTE, a municipal corporation, of Harris County, Texas,
hereinafter referred to as "City",
Recitations
1. City is the owner of a 5.98 acre tract of land, situated
near the intersection of North Broadway Street and East Barbours
Cut Boulevard, in the City of La Porte, Harris County, Texas. The
legal description of said tract of land (hereinafter referred to as
"Property") is attached as Exhibit "A", to a Lease Agreement, by
and between City, as Landlord, and James J. Flanagan Shipping
Corporation, a Texas business corporation, as Tenant. A true and
correct copy of said Lease Agreement is attached hereto as Exhibit
"A", incorporated by reference herein, and made a part hereof for
all purposes.
2. Article 3, on page 5 of said Lease Agreement, provides
for a reservation by the Landlord to reduce the area of the Leased
Premises, to accommodate a rail spur from the existing railroad
tracks on the east side of the Property, across the south portion
of the property and continuing on the former North "H" Street
right-of-way.
In the event that the City, as Landlord, exercises
FINAL DRAFT: 02.11.08
such option, (a) the Landlord shall provide the Tenant with six
months written notice of its intention to reduce the area of the
Leased Premises, and (b) the area of the Leased Premises shall be
reduced as shown on Exhibit "A-1" attached to said Lease Agreement,
and the rental thereunder shall be reduced on a pro rata square
foot or acreage basis, and City, as Landlord, agrees to reimburse
the Tenant for the remaining undepreciated value of Tenant's
improvements on that portion of the Leased Premises, based on a 15
year level amortization from the Commencement Date of said Lease
Agreement, which was January 1, 1997.
3. Owners own substantially all the real property which
abuts the right-of-way of North "H" Street in the City of La Porte,
extending from the west right-of-way line of North Broadway Street,
to the east right-of-way line of North 8th Street, in the City of
La Porte. Owners desire to have the City of La Porte exercise the
rail spur option, described in Paragraph 2, above. Owners request
City to grant Owners a Rail Easement in form attached hereto as
Exhibit "B", incorporated by reference herein, and made a part
hereof for all purposes.
WHEREFORE, in consideration of the paYment by Owners to City,
of a cash sum, which shall be calculated by multiplying (i) that
portion of the Railroad Easement located on the property described
on Exhibit "A", attached hereto, and (ii) that portion of the
Railroad Easement located on the right-of-way of North "H" Street;
multiplied by $4.50 per square foot, payable as follows, to-wit:
A. Owners shall, upon the execution hereof, make an initial
deposit of Two Hundred Thousand Dollars ($200,000.00), to
2
the City, which shall be fully credited by the City to
the total cash consideration hereunder; in the event that
Owners are unable to secure permits from TCEQ and the
other governmental agencies and utilities having
jurisdiction over the property, the City shall refund
said deposit to Owners, less Twenty-five Thousand Dollar
($25,000.00) thereof, to reimburse City for its
administrative costs hereunder; and
B. the balance of the consideration shall be paid by Owners
to the City of La Porte, as hereinafter provided;
and in further consideration of the mutual agreements herein set
forth, Owners and city agree as follows:
1. Owners shall, at their sole cost and expense, with the
prior written approval of City, engage the services of an engineer
/ surveyor with experience in railroad track design and
construction matters, to prepare a survey plat, and metes and
bounds description, with the survey plat showing the location of
the proposed railroad spur, in accordance with Exhibit "A-l", to
the Lease Agreement attached to this Agreement as Exhibit "A", and
the portion thereof connecting to a rail easement in the right-of-
way of North "H" Street. Upon receipt and approval of said plat
and metes and bounds description, City, as Landlord, agrees to give
notice to the Tenant under said Lease Agreement, exercising the
option hereinabove described. Owners agree to reimburse and save
and hold harmless City for the loss in rental, and any other claims
for reimbursement and damages, by Tenant under said Lease
Agreement, as a result of the exercise of said option by City.
Prior to the exercise of said option by City, Owners and City shall
3
enter into a Rail Easement Agreement on the tract of land, based on
the plat and metes and bounds description obtained as provided
herein. A copy of the proposed Rail Easement Agreement is attached
hereto as Exhibit "B", incorporated by reference herein, and made
a part hereof for all purposes.
2. City plans to accept bids for the sale of the remainder
of the 5.98 acre tract of land, after the legal description of the
rail spur option tract has been determined. City has obtained an
appraisal of the entire tract, showing its fair market value as
$2.25 per square foot. Owners agree to indemnify and hold harmless
City, from any loss of value of the remaining tract to be sold by
City, for a bid price of less than $2.25 per square foot.
3. Owners agree to prepare and file with City, on or before
the 1st day of August, 2008, a development/business plan which
shall address the planning and zoning issues that will be involved
with development of the rail spur, from the existing railroad
tracks, across the Property, and the properties owned by Owners
contiguous to North "H street. Nothing contained in this Agreement
or in the Rail Easement, shall be construed as a grant of zoning
authorization for use of rail access to any of Owners' properties
adjacent to the Rail Easement which property is not zoned HI, or a
PUD with special exceptions for rail service.
4. Attached to this Agreement as Exhibit "C" is a list of
un-resolved violations of City's ordinances, on certain of the
properties owned by certain of the Owners. All of these violations
shall be abated by the respective Owners, to the satisfaction of
City, in accordance with the provisions of Exhibit "C".
4
5. All notices and other communications given pursuant to
this Rail Spur Agreement shall be in writing and shall either be
mailed by first class United States mail, postage prepaid,
registered or certified with return receipt requested, and
addressed as set forth in this paragraph, or delivered in person to
the intended addressee.
Notice mailed in the aforesaid manner
shall become effective three business days after deposit; notice
given in any other manner, and any notice given to City, shall be
effective only upon receipt by the intended addressee.
purposes of notice, the address of
For the
(a) City shall be:
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
Attention: City Manager
(b) Owners shall be:
Frontier Logistics, LLC
710 North Broadway
La Porte, TX 77571
Attention: George Cook
La Porte Real Property, LLC
1655 Louisiana
Beaumont, TX 77701
Attention: Casey Crenshaw
Each party shall have the continuing right to change its address
for notice hereunder by the giving of 15 days' prior written notice
to the other party in accordance with this paragraph.
5
6. Events of Default. Each of the following occurrences
shall constitute an "Event of Default" by Owners under this Rail
Spur Agreement:
a. The failure of Owners to pay the monetary consideration
provided for in this Rail Spur Agreement; and
b. The failure of Owners to perform, comply with or observe any
other agreement, obligation or undertaking of Owners, or any
other term, condition or provision, of this Rail Spur
Agreement, and the Rail Easement Agreement, and the
continuance of such failure for a period of ten (10) days
after written notice from City to Owners specifying the
failure.
Upon any Event of Default, City may, at City's option and in
addition to all other rights, remedies, and recourses afforded City
hereunder or by law or equity, do anyone or more of the following:
a. Terminate this Rail Spur Agreement and Rail Easement
Agreement, by the giving of written notice to Owners, in which
event Owners shall pay to City upon demand, any monetary
consideration then owed by Owners to City.
b. Terminate Owners right to possession of the property described
in Exhibit "A" of the Rail Easement Agreement.
7. If either the City or Owners initiate any litigation
relating to this Rail Spur Agreement, the prevailing party in such
litigation, shall be entitled to recover, in addition to all
damages allowed by law and other relief, all court costs and
reasonable attorneys' fees incurred in connection with such
litigation.
6
ENTERED INTO this the 11th day of February, 2008.
ATTEST:
0rJ_ ~-Y1,;/1
~na A. {{~
City Secretary
A7!:~ AS~O FORM:
~ I ~ /tobWV1
Kfiox W. Askins
City Attorney
itPf"
/
"OWNERS.
Frontier Logistics, LLC
By:
~~.
N~me : 6V-;:.;:r'~ Lc.d L
T~tle: C
La Porte Real Property, LLC
BY:<~
me:
Title:
By:
7
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
NOTICE TO BUYERS, LESSEES, AND OCCUPANTS
5361.539, TEXAS HEALTH AND SAFETY CODE
The City of La Porte, a municipal corporation, whose mailing
address is 604 West Fairmont Parkway, La Porte, Texas 77571, the
owner of land that overlies a closed municipal solid waste landfill
facility, hereby gives written notice stating the former use of the
facility as a solid waste landfill, the legal description of said
former solid waste landfill facility being attached hereto as
Exhibit "A" Tract 1, incorporated by reference herein and made a
part hereof for all purposes, and does further give notice of the
restrictions on the development or lease of said land imposed by
Subchapter R, "Use of Land Over Municipal Solid Waste Landfills",
of the Texas Health and Safety Code, reference to which is here
made for all purposes.
The City of La porte, a municipal corporation, the owner of
said real property, has filed this notice for record in the office
of the County Clerk of Harris County, Texas, as required by said
~361.539, Texas Health and Safety Co , under Harris County Clerk's
File No. S236608.
WITNESS OUR HANDS AND THE SE
FIi<'BItUAlti, 2008.
.
A
this .ll.... day of
By:
ATTEST:
~O.ttIWI
Martha A. Gillett
City Secretary
AP~k)~
Knox W. Askins
City Attorney
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
~dta. 4Jhi s
porte,t on
instrument was acknowledged before me on the l~ day of
, 2008, by Ron Bottoms, City Manager of the City of La
behalf of said City, in the capacity herein stated.
~~
Notary Public, State of Texas
Exhibit "A" - Notice
Lease Agreement, by and between City, as Landlord, and
James J. Flanagan Shipping Corporation, as Tenant.
Exhibit "A"
Rail Easement Agreement
Exhibit "B"
Current Violations of City Ordinances by Owners
Not later than May 12, 2008:
. In accordance with Code of Ordinances, Chapter 106, section
106-637, submit an application and General Plan for a special
conditional use permit (SCUP), as required in a Planned Unit
Development zoning District, to the Planning and zoning
Commission for recommendation, and the City Council for
approval, including, but not limited to, the removal of all
shipping containers from Blocks 349, 350, 351 and 352, in
violation of the Code of Ordinances, Chapter 106, Section 106-
521, Table A. Applications may be obtained and coordinated
through the Planning Department. The General Plan shall
conform to the requirements of City Ordinance No. 1444,
section 4.01 and Appendix C.
Upon approval of the SCUP:
. Apply for a zoning permit for the entire site with the
Inspections Division.
. Submit a Major Development site Plan in accordance with Code
of Ordinances, Chapter 106, section 106-637(c), and city
Ordinance No. 1444 , Sect ion 4. 08 and Appendix E, to the
Planning Department for review, and approval by the Planning
and Zoning Commission.
Exhibit "C"
February 11,2008
Per City Attorney Knox Askins, the rail easement agreement is only being approved as to
form. The other party will have to hire and engineer and the agreement will have to be
brought back to Council for further approval in the future. The blanks will be filled in at
that time.
Martha Gillett
City Secretary
RAIL EASEMENT AGREEMENT
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This Agreement made and entered into this J l-lt--ciay of ft:-B(~ '
2008, by and between the CITY OF LA PORTE, a municipal corporation,
of Harris County, Texas, (hereinafter referred to as "Grantor") and
Frontier Logistics, LLC, a Texas limited partnership, and La Porte
Real Property, LLC, a Texas limited partnership, (hereinafter
collectively referred to as "Grantee").
WIT N E SSE T H:
WHEREAS, Grantor is the owner of certain parcels of real
property and the right-of-way of North "H" Street, situated in the
County of Harris, State of Texas, more particularly described in
various instruments filed for record in the Office of the County
Clerk of Harris County, Texas, and with the legal descriptions as
set forth in Exhibit "A" attached hereto (collectively the
"property") ;
WHEREAS, Tract 1 of Property has been de-certified as a public
park by the State of Texas and the Federal Bureau of Outdoor
Recreation;
WHEREAS, Grantee is the owner of certain parcels of real
property adjacent to Tract 2 of the Property, more particularly
described in instruments filed for record in the Office of the
County Clerk of Harris County, Texas (the "Adjacent Property");
FINAL DRAFT: 02.11.08
Exhibit nBn
WHEREAS, Grantee is desirous of obtaining an easement on the
Property for the purpose of laying, constructing, maintaining,
inspecting, operating, using, monitoring, altering, repairing,
replacing, changing the size and nature of, and removing, in whole
or in part, certain railroad tracks accessing the Adjacent Property
(the "Railroad Tracks"), in, on and under the Property; and
WHEREAS, Grantor is willing to grant to Grantee the easement
described below, on the terms and conditions hereinafter provided.
NOW, THEREFORE, for and in consideration of the sum of
Thousand Dollars ($ and other good and valuable
considerations, the receipt and sufficiency of which are hereby
expressly acknowledged, and for the further consideration of the
mutual covenants and agreements contained herein, and intending to
be legally bound hereby, Grantor and Grantee agree as follows:
1. The above preambles are incorporated herein by reference
as if fully set forth herein.
2. Grantor does hereby create, grant, bargain, transfer,
sell and convey unto Grantee an eighty (80) year easement with the
option to Grantee to renew for as hereinafter provided, over, upon,
under, through, in and across the Property, to have and to hold
unto Grantee, its successors and assigns, for the benefit of the
Adjacent Property, for the purposes of laying, constructing,
installing, maintaining, inspecting, operating, using, replacing,
monitoring, altering, repairing, changing the size and nature of,
and removing at will, in whole or in part, the Railroad Tracks;
such easement (the "Easement") shall run with the Property and
Grantee's Adjacent Property, and is more particularly described in
Exhibit "B" attached hereto and made a part hereof i provided,
2
however, railroad train operations crossing North Broadway Street
shall be conducted only between the hours of 10:00 p.m. and 4:00
a.m.
Grantee shall have the option to renew this Railroad Easement
Agreement for an additional term to be agreed upon by the parties,
upon the terms and conditions hereof. If Grantee chooses not to
renew this Railroad Easement Agreement, it shall provide written
notice to Grantor not later than six (6) months prior to the
expiration of the current eighty (80) year term, or earlier than
nine (9) months. Failure to provide such written notice shall
cause this Rail Easement Agreement to renew automatically under the
terms and conditions hereof. Rental for the additional agreed
term, shall be paid upon the commencement thereof, and shall be
based on Fair Market Value of the land, not including the
improvements thereon, described on Exhibit "B" hereof.
Fair Market Value shall be the value of the land only, not
including the improvements, valued as a railroad easement, as
determined by an appraisal by a qualified industrial appraiser with
railroad easement appraisal experience, to be mutually selected by
the parties. If the parties cannot agree on an appraiser, the
appraiser shall be designated by the presiding Judge of the Harris
County District Courts, acting in an administrative and not a
judicial capacity. The results of the appraisal shall be binding
on Grantor and Grantee, their successors and assigns, who shall
equally share in the cost of the appraisal.
3. Grantee shall have the right to lay, construct, install,
maintain inspect, operate, use, monitor, alter, replace, repair,
change the size and nature of, and remove at will, in whole or in
3
part, the Railroad Tracks in the Easement as it deems necessary, in
its sole discretion, from time to time. Grantee's use of the
Easement shall be (i) in compliance with all applicable federal,
state or local laws and regulations, and (ii) in a manner which
will not unreasonably and materially interfere with the remainder
of the North "H" Street right-of-way. Grantor advises Grantee that
Exhibit "A", Tract I, is situated in the corporate limits of the
city of Morgan's Point, and subject to the ordinances of the City
of Morgan's Point, Texas.
4. All costs of engineering, design, permits, installing,
contracting, using, maintaining, repairing or replacing the
Railroad Tracks shall be borne by Grantee.
S Grantee's proposed track alignment, profile and cross
sections are as shown on a drawing by
a Texas registered professional engineer, attached hereto as
Exhibit "C" and made a part hereof. Grantor's prior written
approval and consent to said engineer shall be obtained by Grantee.
Grantor shall have the right of final approval of said plans and
specifications. Grantee shall obtain necessary permit approvals
from Grantor; the City of Morgan's Point; Harris County, Precinct
2; Harris County Flood Control District; and Houston Lighting &
Power Company, or its successor.
6. GRANTEE HEREBY INDEMNIFIES GRANTOR AND HOLDS IT HARMLESS,
FROM AND AGAINST ANY REASONABLE AND ACTUAL EXPENSES, CLAIMS,
LOSSES, DAMAGES OR COSTS THAT GRANTOR INCURS AS A RESULT OF
GRANTEE'S USE OF THE EASEMENT.
7. Grantor shall have the right and privilege to use the
Property, at any time, in any lawful manner and for any lawful
4
purpose which is not inconsistent with and which does not
unreasonably interfere with (i) Grantee's use and enjoyment of the
Easement, and (ii) Grantee's rights, titles, interests, benefits
and privileges under this Agreement.
S. Subject to prior written approval of Grantor, whose
approval shall not be unreasonably withheld, Grantee shall have the
right from time to time to assign its rights and obligations under
this Agreement, to a subsequent purchaser of Grantee's adjoining
property, and any assignee shall be deemed to have assumed
Grantee's obligations hereunder, and whereupon Grantee shall be
relieved from all further obligations under this Agreement.
Subject to prior written approval of Grantor, whose approval
shall not be unreasonably withheld, Grantee shall have the right
from time to time to assign to a corporate or other entity its
rights and obligations under this Agreement, for the purposes of
designing, constructing, and conducting operations under this Rail
Easement Agreement.
9. Grantee has made a visual inspection of the Property and
assumes the obligations of obtaining all governmental permits and
approvals that are required for Grantee's intended use. Grantor
agrees to cooperate with Grantee and assist it in obtaining such
approvals and, to the extent that Grantor is the issuing authority
of such approvals, Grantor agrees not to unreasonably withhold such
approvals. Grantor warrants that the Property is subject to no
current permits with respect to former use as a sanitary landfill.
10. Paragraph 3 has compliance with law provisions. Grantor
has disclosed to Grantee that Tract 1 of the Property has
previously been utilized by Grantor as a municipal sanitary
5
landfill. A notice to buyers, lessees, and occupants as required
by ~361.539, Texas Health and Safety Code, is attached hereto as
Exhibit "A" - Notice. Grantee assumes all risk of its proposed use
of the Easement, which shall be consistent with Texas and Federal
statutes and regulations touching upon permitted uses of former
sanitary landfills. Grantee and Grantor understand and agree that
Grantor has made no representations with regard to the
environmental condition of the Property. Grantee assumes the risk
that the geophysical condition of the Property is sufficient for
Grantee's intended use.
11. Grantee shall have all rights, titles, privileges,
interests and benefits necessary for the full enjoyment and use of
the rights granted to Grantee under this Agreement. This Agreement
is SUBJECT TO the terms and provisions of an Easement Agreement
between Grantor and Houston Lighting & Power Company, over and
across the south fifty feet (S.50') of Tract 1 of the Property.
12. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas and shall bind and
inure to the benefit of the parties hereto and their respective
successors and assigns.
13. Notwithstanding any thing contained herein to the
contrary, Grantee shall have no obligation to install or maintain
the Railroad Tracks. In the event that no portion of the Railroad
Tracks is installed by Grantee in the Easement within ten (10)
years from the date hereof, this Agreement shall be void and of no
further effect.
6
IN WITNESS WHEREOF, the parties have executed this instrument
1i!-aay of ~. 2008.
the
ATTEST:
~ /tPIttI
a t a A~ Gillett
City Secretary
A~ AS. ~ORM: ^
.~7'J~ ~
Knox W. Askins J
City Attorney
By:
By:
"GRANTEER
Frontier Logistics, LLC
By: ~~
Name: ie".......~L.-- ~"-
Title: Ct:c{
La Porte Real Property, LLC
~
Na . ~
ltl~: ~
7
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
On this the .ti-- day of fell , 2008, before me a notary
public, the underslgned officer, p rsonally appeared Ron Bottoms,
who acknowledged himself to be the City Manager of the City of La
Porte, and that he as such City Manager being authorized to do so,
executed the foregoing instrument for the purposes therein
contained by signing the name of the City of La Porte by himself as
City Manager.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~Mate of Texas
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
On this the II day of ;;~/~~ ' 2008, before me a notary
public, the undersigned officer, pe sonally appeared c..e',d~ ~dL
, who acknowledged himself to be the Ce:o /
of Frontier Logistics, LLC, a Texas limited liability company, and
that he executed the foregoing instrument on behalf of said entity,
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~~~~~~
Notary Public, State of Texas
11.t-:~':m~;-\. ROBERTTA K. MATTHEWS
'Ji'.'- '.~'io
'i ! : i Notary Public, State of Texas
-...;j~r.;t.fI My Commission Expires
'",,:,:.,,,, October 06, 2008
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
On this the ~~ day of \=eJf)('Vlltfvt. ' 2008, before me a notary,
public, the undersigned officer, personally appe~red ~~~~S(u4J
, who acknowledged himself to be the ;J.,1'.p _~__
of La Porte Real Property, LLC, a Texas limited liability company,
and that he executed the foregoing instrument on behalf of said
entity, for the purposes therein contained.
IN WITNESS WHEREOF, I
hereunto seK ~~nd~tfficial seal.
NotaTY Public, State of Texas
,.,'llf'"
..~~.
NJ'\.:d
\~!.... \~~.
.";~,~r,.,\
KAREN LUKE
MY COMMISSION EXPIRES
November 19, 2011
I
8
LEGAL DESCRIPTION OF THE PROPERTY
Tract 1
All of Blocks 474 and 475, Town of La Porte, a subdivision in
Harris County, Texas, according to the map or plat thereof recorded
in the Office of the County Clerk of Harris County, Texas, as
reflected by instruments recorded in Volume 851, Page 544; Volume
7515, Page 455,; and Volume 7829, Page 623, Harris County Deed
Records; and the ten foot (10') residue, being the westernmost ten
feet (10') of Ninth Avenue in the City of Morgan's Point, Texas,
adjacent to Block 474, Town of La Porte, Harris County, Texas; and
the north one-half (N.1/2) of the former North "H" Street right-of-
way, adjacent to the south boundary lines of said Blocks 474 and
475, Town of La Porte, Harris County, Texas, and extending from the
GL&H Railroad right-of-way, as recorded in Volume 83, Page 243,
Harris County Deed Records, to North Broadway Street.
SUBJECT TO: An easement from the City of La Porte to Houston
Lighting & Power Company, over and across the south fifty feet
(S.50') of Tract 1.
Tract 2
A ___ foot (__') Railroad Easement from and out of the right-of-way
of North "H" Street, extending from the west right-of-way line of
North Broadway Street to the east right-of-way line of North 8th
Street, more particularly described by metes and bounds on Exhibit
"B" attached hereto.
Exhibit "A"
Metes and Bounds Description of the Easement
Exhibit "B"
Drawing by a
Texas Registered Professional Engineer
Exhibit "e"
..,,,:
1.1
Air" . ~ ',\; -.rJ
.Ii ., i,J
...& '''- "" '~~
".:.a.:"""\-'....-!.(~.~~."'~
I'
.~ I
i
'I
fj~J
(~~_f.i
,,"j\!
'1
!
~;~~~:f:.~~~~~:y,~ ,~J:~:Fi:h:~\~~L~t!t~~
DRAWN BY:
MUSSER
11/12/D7
NONE
LEG N
Elt,sling Railroad O"ned Trackage
Proposed ~ail(aad Owned Trackage. _ _ _ _ _.
Eltisling Industry Owned Trockage I
Prapo.ed Jnd",.try Owned TrQckage - - - -+--
Future Induatry Owned Trockoge - - - - - - -
Fiber Optlc Coble
Railroad Righl Of Way
Fence
UNION PACIFIC
RAILROAD
/RM/
R.A. BCHAer'.R CO., INC.
4821 Highway 90
P.Oa 80. 1275
Broolul~lr., T.... 77423
1281) 382-4800
Fax (281) 934-3130
DATE:
SCALE:
CAD FilE:
DRAWING NO.:
CONCEPTUAL TRACK ALIGNMENT
BARBOURS CoT
lA PORTE, TEXAS
11
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 11.2008
Bud!!et
Requested By: Ron Bottoms
Source of Funds:
Department:
Administration
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Letter to Mayor and Council
Amount Requested:
Exhibits:
Exhibits:
Ordinance 2008-
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
With the election of Larry Cox to the School Board, the Civil Service Commission has had a vacancy since August
2007.
Mr. Garcia is a long time resident of La Porte and has been a volunteer of various youth and high school
associations and booster clubs and desires to return to community service.
Action Required bv Council:
Cons. onfrrming appointment of Michael A. Garcia to the Civil Service Commission with a term expiring on
ust31 2010.
I:/t ~
February 5, 2008
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Gentlemen:
I hereby appoint Michael A. Garcia
Commission of the City of La Port
31, 2010, or until his successor
qualified.
RB:sw
City of La Porte
Established 1892
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
ORDINANCE NO. 2008-$~3
AN ORDINANCE APPOINTING MEMBERS OF THE CIVIL SERVICE COMMISSION,
PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING CLAUSE,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The city Council of the City of La Porte hereby
ratifies and confirms the appointment by the City Manager, of
Michael A. Garcia, as a Member of the civil Service Commission of
the City of La Porte, for a term expiring on August 31, 2010, or
until his successor shall have been duly appointed and qualified.
Section 2. 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 3. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
Section 4.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The city Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 5. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of February, 2008.
Cr'\.?F LA p~
~~..~~~
Alton E. Porter
Mayor
By:
ATTEST:
~~
M a A. Gillett
City Secretary
A~
'. r~
C ark . Askins
Assistant City Attorney
2
12
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Febr
1 2008
Bud2:et
Requested By: John Joerns
Source of Funds:
Department:
I
Administratio~
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance 2008-
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
The City went into an Agreement with Bay Area Houston Convention and Visitors Bureau (BAHCVB) in March
2006. Per Section IV their bylaws, City Council is to appoint three members to represent the City of La Porte. One
of the three shall be a hospitality industry professional. Each subsequent Director shall serve.a three (3) year terms,
which will expire February II, 2011.or until their successors shall have been duly appointed and qualified.
At this time we would like to officially appoint the following as Directors to the BAHCVB Board of Directors;
City Representative I -
City Representative 2 -
Hospitality Industry Professional -
Debra Dye
Gretchen Black
Joe Bertuglia
J/r,~t&
Date
ORDINANCE NO. 2008- ,X)(p1-
.AN ORDINANCE APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE
BAY AREA HOUSTON CONVENTION .AND VISITORS BUREAU; 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:
Section 1.
The City Council of the City of La Porte hereby
makes the following appointments to the Board of Directors of the
Bay Area Houston Convention and Visitors Bureau, for three year
terms, beginning on the date of passage of this ordinance, and
expiring on the third anniversary of the passage of this
ordinance,
or until their successors shall have been duly
appointed and qualified:
City Representative 1
Debra Dye
City Representative 2
Gretchen Black
Hospitality industry professional
Joe Bertuglia
Section 2.
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 3. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
Section 4.
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
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon.
The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 5.
This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of February 2008.
By:
Cf\Y OF LA PORTE
~LY~
Alton E. Porter
Mayor
~s~: 'It/
Ia:~'~
City Secretary
APPRO~
it T 11~
CI T. Askins
Assistant City Attorney
2
MEETING HANDOUTS
~ ~
THURSDAY
FEBRUARY 28TH, 2Q08
6:30 PM TO 8:00,iPM
PASADENA
DEER PARK
LA PORTE
SOUTH Hou
SHOREACR
MORGAN'S P
&1:*2\
HARRIS COUNTY
DEPARTMENTS
VVILL BE REPRESENTED
ALSO
FLOOD CONTROL
TxDoT
z,'
F.
;ii1i
EAST HARRIS COUNTY ACTIVITY CENTER
7340 SPENCER HWY PASADENA, TX 77505
FOR MORE INFORMATION CALL 281-479-7770