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HomeMy WebLinkAbout02-07-11 Special Called Regular Meeting and Workshop Meeting of the La Porte Development Corporation Board of Directors 2 MINUTES OF THE SPECIAL CALLED REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE DEVELOPMENT CORPORATION BOARD OF DIRECTORS February 7, 2011 1. Call to order President Richard Warren called the La Porte Development Corporation Board meeting to order at 5:00 P.m. Members Present: Woodard, Warren, Pizzitola, Zemanek, Ojeda, Clausen and Engelken Members Absent: None Council Members Present: Martin Staff Present:, City Manager Ron Bottoms, Assistant City Manager Traci Leach, Assistant City Attorney Clark Askins, Economic Development Coordinator Stacey Osborne, Finance Director Michael Dolby and Assistant City Secretary Sharon Harris Others Present: Phillip Hoot, Ted Powell and Vicki Campise 2. Consider approval or other action of the January 10, 2011 minutes of the Special Called Regular Meeting and Workshop Meeting of the La Porte Development Corporation Board of Directors — M. Gillett A motion was made by Board Member Clausen to approve the January 10, 2011 minutes of the Special Called Regular Meeting and Workshop Meeting of the La Porte Development Corporation Board of Directors. Motion was seconded by Board Member Pizzitola. The motion carried unanimously. Ayes: Woodard, Warren, Pizzitola, Zemanek, Ojeda, Clausen and Engelken Nays: None Abstain: None Absent: None 3. President Warren closed Special Called Regular Meeting and Opened Workshop Meeting at 5:02 p.m. A. Discuss Directional Signage for the City of La Porte and provide Staff with direction — S. Osborne Economic Development Coordinator presented Directional Signage for the City of La Porte. Board Members discussed options /locations, case /height of lettering, if signs were two - sided, moving the city logo to the top of the signs, mileage indicators and signs on Spencer Hwy. Staff was directed to bring back secured sign locations before moving forward with the project. B. Discuss Revised Enhancement Grant Application including the remainder of the Main Street District to the Enhancement Grant Program and provide staff with direction — S. Osborne Economic Development Coordinator Stacey Osborne presented a revised enhancement grant application. Board Members discussed the revised enhancement grant applications and boundaries of the Main Street District and businesses in Main Street District but not in the Main Street Overlay, Staff was directed to amend the application to include all of the Main Street District and bring back to the March meeting. C. Discuss 2010 Economic Development Corporation Business Activity and provide staff with direction — S. Osborne Economic Development Coordinator Stacey Osborne and Board Members discussed 2010 Economic Development Corporation business activity. 4. President Warren Close Workshop Meeting and reconvene Special Called Regular Meeting at 5:40 p.m. 5. Executive Session - pursuant to provision of the Open Meetings Law. Chapter 551 Texas Government Code, Sections 551 -071 through 551.076, 551.087 (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or donation, personnel matters, deliberation regarding security devices, or excluding a witness during examination of another witness in an investigation, deliberation regarding Economic Development Negotiations). 6. Board member comments The Board had comments. Board member Woodard directed Staff to bring back for discussion a low- powered radio station in the City of La Porte. 7. Adjournment There being no further business to discuss, the La Porte Development Corporation Board of Directors adjourned the Regular Meeting at 5:45 p.m. p.m. Respectfully submitted, Sharon Harris Assistant City Secretary, TRMC Passed and approved on this 7th day of March, 2011 Ri and Warren, President 3 REQUEST FOR LA PORTE ECONOMIC DEVELOPMENT CORPORATION AGENDA ITEM Appropriation Agenda Date Requested: 3/7/11 Source of Funds: Requested By: Stacey Osborne Account Number: Department: CMO Amount Budgeted: Report: Resolution: Ordinance: X Amount Requested: Exhibits: Amended EDC Bylaws Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION At the meeting of the La Porte Economic Development Corporation (EDC) on February 7, 2011 the Board expressed an interest in amending the EDC Bylaws to state that the EDC abides by the same purchasing rules as the City of La Porte. The City Attorney's office has recommended the following provision be added as new Section 5.05, under Article V, of the Bylaws: "Purchasing 5.05 Contracts for goods or services entered into by the Corporation and requiring the expenditure of $50,000.00 or more shall be subject to competitive bidding and/or competitive proposal procedures as established in Chapter 252 of the Texas Local Government Code, for municipal purchasing." A copy of the Bylaws with the suggested language inserted is attached. Staff recommends that the EDC amend the bylaws as stated. If adopted, the amendments will be presented to the City Council for final approval, as required by Section 8.01 of the EDC Bylaws. Action Required by Economic Development Corporation: Consider the approval of the changes as recommended. Ai i r .L J or La ' o a Develo i ment Cor s oration A enda J 4,13 I( Ron Bottoms, City Manager Date BYLAWS OF THE CITY OF LA PORTE DEVELOPMENT CORPORATION These bylaws govern the affairs of the CITY OF LA PORTE DEVELOPMENT CORPORATION (the "Corporation ") a nonprofit corporation organized under Article 5190.6, Section 4B, Vernon's Annotated Texas Civil Statutes, as amended (the 'Act'). ARTICLE I PURPOSES General Purposes 1.01. The Corporation acts on behalf of the City of La Porte, Texas in furtherance of the public purposes of the Act and may engage in any project authorized under Section 2(10) or Section 4B of the Act. Powers 1.02. The Corporation has all the powers both express and implied, granted to corporations governed by Sec. 4B of the Act and by the Texas Non - profit Corporation Act. ARTICLE II OFFICES Principal Office 2.01. The principal office of the Corporation in the State of Texas is located at 604 West Fairmont Parkway in La Porte; Harris County; Texas. The Corporation may provide for additional offices or change the location of any office. Registered Office and Agent 2.02. The Corporation shall comply with the requirements of the Act and maintain a registered office and registered agent in Texas. The registered office may, but need not, be identical with the Corporation's principal office in Texas. The Corporation may change the registered office and the registered agent as provided in the Act. ARTICLE III BOARD OF DIRECTORS Management of the Corporation 3.01. The affairs of the Corporation shall be managed by the Board of Directors. Number, Qualifications and Tenure of Directors 3.02. The Board of Directors shall consist of seven members appointed by the City Council of the City of La Porte, Texas, for staggered two year terms of office. Not Tess than three (3) directors shall be persons who are not employees, officers or members of the governing body of the City of La Porte, Texas. Each director must reside within the City of La Porte, Texas. The Board of Directors shall appoint a President and Vice - President by October 1 of each year. The President shall be the presiding officer for meetings and the Vice - President shall act in the President's absence. Vacancies 3.03. A vacancy occurring upon the Board of Directors shall be filled for the unexpired term by appointment by the City Council of the City of La Porte, Texas. Annual Meeting 3.04. The annual meeting of the Board of Directors shall be held during the month of March of each year. The Board of Directors shall designate the time and location of the annual meeting. Regular Meetings 3.05. The Board of Directors may provide for regular meetings by resolution stating the time and place of such meetings. The meeting shall be held within the City of La Porte, Texas, at a location designated by the Board of Directors. Special Meetings 3.06. Special meetings of the Board of Directors may be held at the request of the President or any three Directors. A person or persons calling the meeting shall fix the time and location of the meeting. The person or persons calling a special meeting shall notify the secretary of the Corporation of the information required to be included in the notice of the meeting. In addition to the posting of a meeting notice in accordance with these bylaws, a copy of each such meeting notice shall be delivered to each director not Tess than seventy -two hours before the time of the meeting. A meeting notice shall be deemed delivered to any director when deposited in the United States mail addressed to the director at his or her address as it appears on the records of the Corporation. Such additional notice may be waived in writing by a director at any time either before or after the time of the meeting and such additional notice shall be deemed waived by attendance. Notice of Meetings 3.07. The Corporation shall be considered a "governmental body" within the meaning of Texas Government Code, Sec. 551.001, and notice of each meeting shall be given in accordance with the provisions of Texas Government Code, Chapter 551 (The Texas Open Meetings Act). Quorum 3.08. Four (4) Directors shall constitute a quorum for the transaction of business at any meeting of the Board of Directors. The presence of a director may not be established by proxy. No business shall be conducted, nor shall any action be taken by the Board of Directors in the absence of a quorum. Duties of Directors 3.09. Directors shall exercise ordinary business judgment in managing the affairs of the Corporation. In acting in their official capacity as directors of the Corporation, directors shall act in good faith and take actions they reasonably believe to be in the best interests of the Corporation and which are not unlawful and shall refrain from actions not in the best interest of the Corporation or which would be unlawful. A director shall not be liable if, in the exercise of ordinary care, the director acts in good faith relying on written financial and legal statements provided by an accountant or attorney retained by the Corporation. Duties of President 3.10. The president shall be the chief executive officer of the Corporation. The president shall supervise and control all of the business and affairs of the Corporation. When the execution of any contract or instrument shall have been authorized by the Board of Directors, the president shall execute same except where such power is expressly delegated to another officer of the Corporation. The president shall perform other duties prescribed by the Board of Directors and all duties incident to the office of president. Actions of Board of Directors 3.11. The Board of Directors shall try to act by consensus. However, the vote of a majority of directors present at a meeting at which a quorum is present shall be sufficient to constitute the act of the Board of Directors. Proxy Voting Prohibited 3.12. A director may not vote by proxy. Removal of Directors 3.13. The Board of Directors and each member thereof serves at the pleasure of the City Council of the City of La Porte, Texas, which may remove any director at any time, either with or without cause. Committees 3.14. The Board of Directors may by resolution establish one or more special or standing committees. Such committees shall have the powers, duties and responsibilities established by the Board. The committees shall keep regular minutes of their meetings and report the same to the Board of Directors when required. Compensation of Directors 3.15. The directors shall not receive any salary or compensation for their services. Directors may be reimbursed for their actual expenses incurred in the performance of their duties. Travel expenses shall be reimbursed under the City's travel policy. Attendance 3.16. Regular attendance at the Board meetings is required of all directors. Three (3) consecutive unexcused absences from meetings of the Board shall cause the position to be considered vacant. Four (4) unexcused absences in a twelve (12) month period shall also cause the position to be considered vacant. Ex- Officio Members 3.17. The City Council may appoint Ex- Officio members to the Board of Directors as it deems appropriate. These representatives shall have the right to take part in any discussion of open meetings, but shall not have the power to vote in the meetings. Ex- Officio members shall serve a term of one calendar year. ARTICLE IV OFFICERS Officer Positions 4.01. The officers of the Corporation shall be a secretary who shall be the City Secretary or Assistant City Secretary of the City of La Porte, Texas and a treasurer who shall be the Finance Director of the City of La Porte, Texas. At the option of the City Council these officers may also serve simultaneously as voting Directors to the Board. Terms of Officers 4.02. The officers of the Corporation shall serve as long as they are employed by the City of La Porte, Texas Removal of Officers 4.03. Any officer may be removed by the City Council of the City of La Porte, Texas at any time, with or without good cause. Vacancies 4.04. A vacancy in any office may be filled by the City Council of the City of La Porte, Texas for the unexpired portion of the officer's term. Secretary 4.05. The Secretary shall: >Give all notices as provided in the bylaws or as required by law. >Take minutes of the meetings of the Board of Directors and keep the minutes as part of the corporate records. >Maintain custody of the corporate records, authenticate corporate documents and affix the seal of the Corporation as required. >Keep a register of the mailing address of each director and officer of the Corporation. >Perform duties as assigned by the president or Board of Directors. >Perform all duties incident to the office of secretary. Treasurer 4.06. The treasurer shall: >Have charge and custody of and be responsible for all funds and securities of the Corporation. >Receive and give receipts for moneys due and payable to the Corporation from any source. >Deposit all moneys in the name of the Corporation in banks, trust companies, or other depositories as provided by these bylaws. >Write checks and disburse funds to discharge obligations of the Corporation. >Maintain the financial books and records of the Corporation. >Prepare financial reports at least annually. >Perform other duties as assigned by the Board of Directors. >Prepare an annual budget. >Perform all duties incident to the office of treasurer. Compensation of Officers 4.07. The officers shall not receive any salary or compensation for their services. Officers may be reimbursed for their actual expenses incurred in the performance of their duties. Travel expenses shall be reimbursed under the City's travel policy. ARTICLE V TRANSACTIONS OF THE CORPORATION Contracts 5.01. The Board of Directors may authorize any officer or agent of the Corporation to enter into a contract or execute and deliver any instrument in the name of or on behalf of the Corporation. This authority may be limited to a specific contract or instrument or it may extend to any number and type of possible contracts and instruments. Depository Bank 5.02. All funds of the Corporation shall be deposited with the City's depository bank. Potential Conflicts of Interest 5.03. The members of the Board of Directors are local public officials within the meaning of Texas Local Government Code Chapter 171. If a director has a substantial interest in a business entity or real property which is the subject of deliberation by the Board of Directors, the director shall file an affidavit with the secretary of the Corporation stating the nature and extent of the interest. Such affidavit shall be filed prior to any vote or decision upon the matter by the Board of Directors, and the interested director shall abstain from any vote or decision upon the matter. Council Approval 5.04. The Board of Directors shall obtain prior City Council approval of all real estate acquisitions, real estate leases for over one year and or any long -term leases; contracts, expenditures, or debts over $15,000.00; and bond issues or other debt extending beyond one year. The Board of Directors shall have the authority to enter into all other budgeted transactions without prior City Council approval. Amendments to the budget must be approved by the City Council. Purchasing 5.05. Contracts for goods or services entered into by the Corporation and requiring the expenditure of $50,000.00 or more shall be subject to competitive bidding and /or or competitive proposal procedures as established in Chapter 252 of the Texas Local Government Code, for municipal purchasing. ARTICLE VI BOOKS AND RECORDS Required Books and Records 6.01. The Corporation shall maintain: ♦ Correct and complete books and records of account. ♦ The Corporation's books and records shall include a file endorsed copy of all documents filed with the Texas Secretary of State relating to the Corporation, including, but not limited to, the Articles of Incorporation, any articles of amendment, restated articles, articles of merger, articles of consolidation, and statement of change of registered office or agent. ♦ A copy of the bylaws and any amended versions or amendments to the bylaws. ♦ Minutes of the proceedings of the Board of Directors. • A list of names and addresses of the directors and officers of the Corporation. • A financial statement showing the assets, liabilities, and net worth of the Corporation at the end of the three most recent fiscal years. ♦ A financial statement showing the income and expenses of the Corporation for the three most recent fiscal years. ♦ All rulings, letters, and other documents relating to the Corporation's federal, state and local tax status. ♦ The Corporation's federal, state and local information or income tax returns for each of the Corporation's three most recent tax years. ♦ Annual budget which is approved by City Council. Records Open to Public 6.02. The Corporation shall be considered a "governmental body" within the meaning of the Texas Government Code, Sec. 552.003 and all records of the Corporation shall be made available to the public for inspection or reproduction in accordance with the requirements of the Texas Government Code, Chapter 552 (The Texas open Records Act). Audits 6.03. The Corporation's books are required to be audited by the City's independent auditor on an annual basis. Cost of the audit will be paid by the Corporation. ARTICLE VII PERSONNEL 7.01. Any full -time or part-time personnel positions that the Corporation may establish will be subject to the personnel policies of the City. The City Manager has full authority in personnel matters. ARTICLE VIII AMENDMENTS TO BYLAWS 8.01. The bylaws may be altered, amended, or repealed by the affirmative vote of four or more members of the Board of Directors with the consent of the City Council of the City of La Porte, Texas or shall be altered, amended or repealed at the direction of the City Council of the City of La Porte. ARTICLE IX MISCELLANEOUS PROVISIONS Legal Authorities Governing Construction of Bylaws 9.01. The bylaws shall be construed in accordance with the laws of the State of Texas. All references in the bylaws to statutes, regulations, or other sources of legal authority shall refer to the authorities cited, or their successors, as they may be amended from time to time. It is expressly provided that the provisions of the Development Corporation Act of 1979 applicable to corporations governed under Section 4B of that Act are incorporated within these bylaws by reference. In the event of any conflict between the applicable provisions of such Act and these bylaws, then the applicable provisions of such Act shall control. Legal Construction 9.02. If any bylaw provision is held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision and the bylaws shall be construed as if the invalid, or unenforceable provision had not been included in the bylaws. Headings 9.03. The headings used in the bylaws are used for convenience and shall not be considered in construing the terms of the bylaws. Seal 9.04. The Board of Directors shall provide for a corporate seal. Such seal would consist of two concentric circles containing the words "City of La Porte Development Corporation ", and "Texas" in one circle and the "incorporated" together with the date of incorporation of the Corporation in the other circle. Parties Bound 9.05. The bylaws shall be binding upon and inure to the benefit of the directors, officers and agents of the Corporation and their respective heirs, executors, administrators, legal representatives, successors and assigns except as otherwise provided in the bylaws. Fiscal Year 9.06. The fiscal year of the Corporation shall begin on the first day of October of each year and end of the last day of September of the following year. Effective Date 9.07. These bylaws, and any subsequent amendments hereto, shall be effective of and from the date upon which approval has been given by the Board of Directors and the City Council of the City of La Porte, Texas. Adopted this aJc at, 7 , 2011. President of the Board CERTIFICATE OF SECRETARY I certify that I am the duly elected and acting secretary of the CITY OF LA PORTE DEVELOPMENT CORPORATION, and the foregoing Bylaws constitute The Bylaws of the Corporation. These Bylaws were duly adopted at a meeting of the Board of Directors held on the Taday of L f]'1 t, , 2011, and approved and fatified the City Council of the City of La Porte, Texas, at a meeting held on the /P- of ,2011. Signed this / / of & , 2011. Secretary of the oratio 4/5 REQUEST FOR LA PORTE ECONOMIC DEVELOPMENT CORPORATION AGENDA ITEM Appropriation Agenda Date Requested: 3/7/11 Source of Funds: Requested By: Stacey Osborne Account Number: 15 -9892- 993 -1100 Department: CMO Amount Budgeted: $200,000 Report: Resolution: Ordinance: Amount Requested: $200,000 Exhibits: Enhancement Grant Application Budgeted Item: IVES NO Exhibits: Enhancement Grant Evaluation Exhibits: Main Street District Map Exhibits: Public Hearing Notice SUMMARY & RECOMMENDATION This evening's Public Hearing is to receive public input on the proposed expenditures of La Porte Development Corporation (EDC) funds in the amount of $200,000 for an enhancement grant program in the Main Street District. This is a summary of the proposed project and an explanation of the proposed expenditures. The backup for this agenda item also includes the proposed Enhancement Grant Application, the proposed Evaluation Form, and a map of the Main Street District showing where projects will be eligible. Upon receipt of public input on this project, the Board will vote on whether to approve this expenditure as a project of the (EDC). If approved, the project cannot be undertaken until the 60 day period following the publication date of the notice of public hearing. If during this 60 day period at least 10 percent of the registered voters file a petition requesting a public election on the proposed project, the project must be put on hold and submitted to the voters for approval. Project Summary: HISTORY Many years ago the City was a part of the Texas Main Street Program. A major focus of that program is to revitalize historic Main Street districts, and one tool for helping to do this is an enhancement grant program that provides funds for business owner in a specific district to upgrade and beautify their building facades. The City, under the auspices of the Main Street Program that was then in existence, created an Enhancement Grant Program that was to be implemented with a set of Design Guidelines. Those Guidelines were rejected by the community and never put into place. Council voted to discontinue the City's participation the Main Street Program in December, 2010, but the Enhancement Grant Program continued to be offered to business owners in the Main Street Overlay District who met the requirements of the program. PROGRAM DETAILS The grant program essentially provides reimbursement grant funds of up to $25,000 to enhance existing building designs in the Main Street District (see attached map). Owners and tenants may be eligible for a reimbursement grant of monies used to enhance and/or beautify their new or existing businesses. The funds for the grants were provided by the EDC, and while the program has been offered to Main Street Business owners for the past three years, we did not have any applicants for the program until October, 31, 2010. On that date, Sandra Baldwin of A Statement in Glass submitted the first application for grant. While reviewing the grant application, staff realized that (a) the grant application needed significant revisions, and (b) the Enhancement Grant Program had never formally been designated as a project of the EDC. Staff revised the application and submitted the revisions to the EDC Board at the meeting on February 7, 2011. The Board members agreed that they were fine with the application as revised, and they also agreed to extend the boundaries of the program beyond the Main Street Overlay into the actual Main Street District. Staff made the necessary changes to the application, and we are submitting it with this request as the application that will be used for the program if it is designated to be a project of the EDC. On August 23, 2010 the Board approved the expenditure of $200,000 for this project, if it is approved. Staff recommends that the Board approve the expenditure as noted. Action Required by Economic Development Corporation: Consider approval or other action regarding Project for the expenditure of La Porte Development Corporation funds in the amount of $200,000.00 to fund an enhancement grant program in the Main Street District and the Main Street R ict Overlay. A • • r 1v • 1, La Por • 1 evelo • ment Cor 'oration A ' enda \ \ Ron : ottoms, City anager Date BUSINESS. OY it DAY. Main Street Enhancement Grant PROGRAM DESCRIPTION The Main Street Enhancement Grant provides matching funds to enhance existing building designs in the Main Street District (see attached map). Owners and tenants may be eligible for a reimbursement grant of monies used to enhance and /or beautify their new or existing businesses. ELIGIBLE PROJECTS The following types of projects are eligible for reimbursement grants: • Facade Rehabilitation /Enhancement This includes work done on existing structures, such as removing non - historic /added facades, re- pointing brick or replacing mortar joints, replacing or restoring cornices, removing paint from brick, replacing windows, restoring transom windows, repairing facades, etc. • New Awnings, Canopies, Porches and Signage This includes replacing, adding, or repairing awnings, canopies, porches and signs. Signs may include signboards, projecting signs, pedestrian signage, window signs, hanging signs, and awning /canopy signs. • Beautification Projects This may include public art, landscaping, and other beautification projects as approved by the Enhancement Grant Evaluation Committee (EGEC). GRANT GUIDELINES 1. Grant funds are available only for exterior work on commercial property and building facades in the Main Street Overlay District that are visible from public streets. 2. In general, grants are available for converting existing structures to their original historic condition, or to renovate them to resemble the buildings currently on Main Street. 3. Grants will be processed and considered for award on a first -come, first - served basis until funds are depleted or until the program ends, whichever comes first. 4. No grants will be awarded for work that has already been started or completed, or for work that is covered by insurance. If desired work is above what insurance will pay and is considered an upgrade and enhancement in the opinion of the EGEC, it may be eligible for grant funds. 5. All grants will be awarded on a reimbursement basis once completed work has been verified by the EGEC to be compliant with the plans proposed in the approved application. Any deviation from the approved grant project may result in the total or partial withdrawal of the grant. 6. All projects submitted for enhancement grants will be subject to a review by the EGEC, and approval from the La Porte Economic Development Corporation (EDC). The review criteria includes the following: • That the project demonstrates a significant improvement over the existing situation • That the project will add to the beautification of Main Street • That the project will enhance Main Street's appeal to new businesses and visitors ENHANCEMENT GRANT PROGRAM DESCRIPTION, PAGE 1 BUSINESS. DAY. • That the project will complement the surrounding buildings • That the project will add value to the City of La Porte 7. Grant applications and awards can be made in any of the reimbursable activities described above and may be combined for any single property or project. An applicant is defined as an owner, tenant, or combination thereof occupying an eligible property within the Main Street District. A single owner of multiple properties may apply for grant funds for each property owned but the match must be for no less than $2,500, and the owner may not receive more than $25,000 per property in a three (3) year period. APPLICATION PROCESS 1. Determine eligibility: Discuss project plans with Main Street /Economic Development Coordinator. Coordinator will set up a pre - development meeting with the EGEC. 2. Fill out the application and sign the agreement form. All grant applications must include the following: a. A scale drawing by the project architect or design professional of all grant work. b. Samples —e.g. paint samples, fabric swatches, sign material, etc. —that will enable the EGEC to envision the finished project. c. Itemized work estimates on all project work from contractors or project architects. Self- contracted work will be reimbursed for actual legitimate expenses, excluding labor. d. Photographs of the building's exterior. The Applicant shall be required to provide before and after photographs of the building before the reimbursement grant can be awarded. For the initial application, before photographs will suffice, but photographs of the completed project must be submitted before the grant can be considered for approval. 3. Return the completed application form, with all applicable items, to the Economic Development Office, 604 W. Fairmont Parkway, La Porte, TX 77571. 4. Application will undergo an approval process, which includes but is not limited to the following: a. All projects must meet current building standards and codes, as well as building permit requirements. b. The EGEC will only consider applications that have been properly and fully completed and which contain all information requested in the application and /or by the committee. c. All construction bids submitted by the Applicant must be current and must be dated no earlier than ninety (90) days prior to the Application request. Bids shall be submitted on the contractor's or project architect's letterhead and shall contain the contractor's name, address, and telephone number and shall itemize the bid in a manner that allows the EGEC to determine the bid components and authenticity of the bid. ENHANCEMENT GRANT PROGRAM DESCRIPTION, PAGE 2 BUSINESS. B E HAY. d. Applications receiving approval by the EGEC shall commence construction described in the application within ninety (90) days from the date the grant is approved. All Applicants must complete the construction described in the Application within one (1) year from the date the grant is approved. If the Applicant cannot meet these timelines, the Applicant may submit a written request for an extension for the commencement date or completion date provided the extension request is made prior to the ninety (90) day or one (1) year time limit. The EGEC shall not be obligated to grant an extension but may do so for good cause determined solely by the members of the Committee. The extensions, if granted, shall be for the term and for the conditions determined exclusively by the EGEC. An extension denial cannot be appealed and shall be final. e. As a condition of this grant Application, the Applicant consents and shall allow the EGEC to request city inspections to determine that the grant, if awarded, will not be used for construction on any building that is not in compliance with the City Municipal Codes and Ordinances that are applicable to the construction contemplated in the application. f. The EGEC and EDC shall have sole discretion in awarding grants. They shall award grants considering the amount requested, grant funds available, the guidelines of the grant program, condition of the building in which the grant funds will be used, economic impact, other grant requests, the type and nature of the construction, and the proposed construction results considering the grant program. g. No Applicant has a proprietary right to receive grant funds. The EGEC shall consider any application within its discretionary authority to determine what grant amount would be in the best interest of the grant program. h. The Applicant shall be required to furnish photographs of the building's exterior, and any other site locations that are included as part of the application request and shall provide photographs after the construction is completed as a condition of final grant disbursement. i. The EGEC has the final discretion with regard to funding and reserves the right to recommend modifications or reject any project or elements of any project. 5. Reimbursement. When the entire grant project has been satisfactorily completed, the Applicant shall present the Economic Development Office with the following: a. Copies of all paid invoices, including copies of cancelled checks and /or credit card receipts for a single payment reimbursement of the approved funding b. Photographs of all completed work 6. When the project has been reviewed and signed off by the EGEC and their recommendations have been presented and approved by the EDC, a reimbursement check will be issued. ENHANCEMENT GRANT PROGRAM DESCRIPTION, PAGE 3 BUSINESS. BY TIE DAY. Main Street Enhancement Grant APPLICATION Please print clearly. When you have completed the application, please submit the application to: City of La Porte Economic Development Office 604 W. Fairmont Pkwy La Porte, TX 77571 APPLICANT INFORMATION: APPLICATION DATE: Applicant Name Business Name Physical Business Address Business Owner (if different from applicant) Mailing Address Contact Phone Email Address TYPE OF WORK (check all that app /y): ❑ Facade Rehabilitation /Enhancement ❑ Awnings /Signage ❑ Beautification ❑ Other (describe): DETAILS OF PLANNED IMPROVEMENTS (attach additional pages ifnecessarA: ENHANCEMENT GRANT APPLICATION, PAGE 1 BUSINESS. BY THE BAY. Please list Contractor and /or Project Architect Proposals and Total Amounts (attach original proposals): CONTRACTOR /PROJECT ARCHITECT TOTAL AMOUNT 1. $ 2. $ 3. $ 4. $ 5. $ BUDGET DETAIL: . PROJECT EXPENDITURES FUNDS REQUESTED FUNDS APPLIED TOTAL Facade Rehab $ $ $ Awnings /Signage $ $ $ Beautification $ $ $ Other (list): $ $ $ Other (list): $ $ $ TOTALS $ $ $ Total estimated cost of proposed project: $ Amount requested (up to 50% of total cost, $2,500 to $25,000): $ Please attach color samples, model numbers (for windows, doors, etc.), photos, scale drawing, and other illustrations of work to be completed. Please include as much detail as possible. Your signature on this application certifies that you understand and agree with the following statements: I have met with the EGEC and I fully understand the Enhancement Grant procedures and details established. I intend to use these grant funds for the renovation projects, as spelled out in the application. I have not received, nor will I receive insurance monies for this revitalization project OR I have disclosed all pertinent insurance information. I understand that if I am awarded an Enhancement Grant, any deviation from the approved project may result in the partial or total withdrawal of the grant funds. If I am awarded a reimbursement grant for facade, awning, signage, beautification, or other approved work, alterations should not be made within five (5) years from construction otherwise I may be required to reimburse the La Porte Economic Development Corporation immediately for the full amount of the grant. APPLICANT SIGNATURE DATE ENHANCEMENT GRANT APPLICATION, PAGE 2 BUSINESS. BY E DAY. Main Street Enhancement Grant Program Application Evaluation EVALUATOR: EVALUATION DATE: TOTAL POINTS AWARDED (25 points possible): Applicant Information APPLICATION DATE: BUSINESS NAME: CONTACT NAME: BUSINESS ADDRESS: PHONE: EMAIL: Please evaluate the application for the above -named business, using the following criteria. For each item, please rate the project being proposed using a scale of 1 to 5, where 1 means that the applicant has not met the criteria in any way, and 5 means that the applicant has met the criteria completely. Circle the appropriate response for each item. A. Project demonstrates a significant improvement over the existing situation. 1 2 3 4 5 B. Project will add to the beautification of Main Street. 1 2 3 4 5 C. Project will enhance Main Street's appeal to new businesses and visitors. 1 2 3 4 5 D. Project will complement the surrounding buildings. 1 2 3 4 5 E. Project adds value to the City of La Porte. 1 2 3 4 5 LA PORTE BY TI BAY 604 W. Fairmont Parkway La Porte, Texas 77571 (281) 470 6 A REQUEST FOR LA PORTE ECONOMIC DEVELOPMENT CORPORATION AGENDA ITEM Appropriation Agenda Date Requested: 3/7/11 Source of Funds: Requested By: Randy Woodard Account Number: Department: CMO Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Exhibits: LP Radio Presentation Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION At the meeting of the La Porte Economic Development Corporation on February 7, Mr. Woodard requested that the Board discuss the possibility of having a low- powered FM Radio Station in the City of La Porte. The attached is the information he submitted as a starting point for the discussion. Action Required by Economic Development Corporation: Provide guidance to staff. • \a App ve o La Porte evelopment Corporation Agenda \ al 445 11,1 Ron Bottoms, City Manager Date Radio Presentation • As we are all aware, the Bayshore Sun ceased operations October, 2010. With it, a major communication source for our community disappeared. • In December of 2010, Congress passed and the President signed the Community Radio Act. This law greatly expanded the ability of communities to obtain the licenses needed to construct and operate low power FM radio stations. These stations are non profit, non commercial, and are limited to no more than 100 watts. They must be up and operating within three years after approval is given. • The FCC has the authority for approvals and is currently involved in the re- writing of the regulations. Congressman Pete Olson's office was nice enough to let me speak directly with the FCC's audio division. In those conversations I was told that the new rules would probably not be available by the end of the calendar year. • When applying for a license, the FCC opens a "window "for applications and then closing the window after a week. Anyone applying for a license should have already contacted an attorney in Washington and have the application ready to be filed way in advance. The cost of such action will approximate $5,000. There are no application fees at this time for these types of stations. • Along with an application for the license, a construction permit is required for the FCC to review the location and the equipment. As discussed earlier these permits have a maturity of three years for obtaining the equipment and begin broadcasting. An approximate cost would be $100,000. The location of the transmitter would reach the ball fields on Canada Road. The limit on the transmitter would be 7 miles and could be "phased "for the square miles needed. It is further expected that the staffing would be all volunteers. Internet Radio • The United currently practices "net neutrality", which simply means anyone can stream information on the net, i.e. no license required. • An internet radio station could be up and running within 30 days at a cost less than $5,000. • This would be an excellent approach to our problem in that prior to a low power radio approval we could begin the process of marketing and programming. A timeline of operation could be August 1 , before the start of football season. Organizations Contacted • LA Porte Economic Development Corporation • LA Porte ISD • Chamber of Commerce • LA Porte Community Civic Club • Citizens Advisory Council • LA Porte ISD School Board • Russell Ybarra • Beacon Federal Credit Union • Shell Federal Union • JSC Federal Credit Union • Amegy Bank Other matters • LPISD, San Jac, and Lee Colleges to be approached to create an "apprentice" program for students interested in radio /television as a future job. The La Porte high school has a daily TV station within the school and the opportunity to add radio to the community could dovetail with that program. Opportunities for sports broadcasts, concerts, academic competion, and the arts abound in this scenario. The Houston radio and televisions might be receptive to offering assistance in the project. • Through the present Citizen's Advisory Council, in association with the Plant Manager's network, the radio station would provide an excellent source of information in the event of an emergency situation in the community. It would provide a logical addition to the phone calling system and the alert towers throughout the community. Additional funding might be available from this group. • The city would be able to broadcast or podcast in the event of another IKE. Citizens could tune in from anywhere. In Summary • A radio concept is an excellent communication vehicle to increase our community awareness. This community has a wealth of talented and creative people who can and will volunteer their time to such a worthy endeavor. This won't be an overnight success, it will take time. But it can be accomplished and represents an incredible opportunity for our citizens and our youth. B REQUEST FOR LA PORTE ECONOMIC DEVELOPMENT CORPORATION AGENDA ITEM Appropriation Agenda Date Requested: 3/7/11 Source of Funds: Capital Improvement Requested By: Stacey Osborne Account Number: 015- 9892 - 992 -11.00 Department: CMO Amount Budgeted: $75,000 Report: X Resolution: Ordinance: Amount Requested: Exhibits: 2011 Directional Signage Locations Budgeted Item: IYES NO (presentation) SUMMARY & RECOMMENDATION At the February 7, 2011 meeting of the La Porte Economic Development Corporation (EDC), the EDC received a report regarding way - finding signage for the City of La Porte. We presented several options for designs and had a lengthy discussion regarding the locations for the signage. The Board requested that we determine the exact locations for the signs before we move forward with the implementation of this project. Landscape Architects Clark Condon & Associates helped us to establish the locations where the signs should be erected, and we turned to them once more to help us pinpoint the exact locations. This evening we will present those locations and answer any questions you may have. Once we have solidified the locations for the signs, we will present an estimated cost for construction, and present the cost of constructing all ten signs as a project of the EDC at a future meeting. We would appreciate your guidance in moving forward. Action Required by Economic Development Corporation: Provide guidance to staff. A ! r ed for a ' orte Develo s ment Cor ' oration A enda Ron Bottoms, City . ager Date BUSINESS. BY THE BAY. 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