HomeMy WebLinkAbout08-01-01 La Porte Redevelopment Authority Meeting minutes
1. CALL TO ORDER.
La Porte Redevelopment Authority
City of La Porte, Texas
Minutes of the Board Meeting
Held August 1, 2001
The Board of Directors of the La Porte Redevelopment Authority, City of La Porte, Texas, held a
meeting, open to the public, on the 151 day of August, 2001, at 6:00 PM in Council Chambers at the City
Hall, 604 West Fairmont Parkway, La Porte, Texas 77572-1115 and the roll was called of the duly
appointed members of the Board, to-wit:
Peggy Antone
Paul Larson
Alton Porter
Horace Leopard
Norman S. Cook
Lindsey Pfeiffer
David Webb
Chester Pool
John Black
Position 1
Position 2
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9
Chairman
and all of the above were present except Directors Antone and Black, thus constituting a quorum.
Also present at the meeting were John Joerns, Martha Gillett and David Hawes. Chairman Porter
called the meeting to order at 6:15 PM.
2. ADMINISTER OATH OF OFFICE: FOR ALL ApPOINTMENTS.
Webb.
Ms. Gillett administered the oath of office to Directors Larson, Porter, Cook, Pfeiffer, Pool and
3. DISTRIBUTION OF THE BYLAWS OF THE LA PORTE REDEVELOPMENT AUTHORITY.
Mr. Joerns reviewed and responded to questions regarding the Bylaws provided to the Board in
their meeting packets, stating that the Authority has been registered with the State of Texas and the Bylaws
have been approved by city ordinance.
4. CONSIDER RESOLUTION ESTABLISHING ANNUAL AND REGULAR MEETING DATE.
Upon motion duly made by Director Pool, and being seconded by Director Webb, the Board
unanimously adopted Resolution 2001-1, which establishes an annual meeting date as the first Wednesday
of August and regular meetings to be called at such times as may be convenient for the conduct of business.
5. ELECTION OF OFFICERS.
Chairperson/President (designated by Mayor of La Porte)
Vice ChairpersonNice President
Treasurer/Secretary
Chairman Porter accepted the following nominations: Vice Chairperson/Vice President, Lindsay
Pfeiffer; Peggy Antone, Treasurer/Secretary. The Board voted unanimously to approve these candidates by
acclamation.
6. DISCUSS AND TAKE APPROPRIATE ACTION WITH REGARD TO A TRI-PARTY AGREEMENT
BETWEEN THE CITY OF LA PORTE, TEXAS; REINVESTMENT ZONE NUMBER ONE, CITY OF LA
PORTE, TEXAS; AND THE LA PORTE REDEVELOPMENT AUTHORITY.
Mr. Joems and Mr. Hawes reviewed the Tri-Party Agreement, responding to Board questions and
comments. Upon motion duly made by Director Pfeiffer, and being seconded by Director Cook, the Board
unanimously approved the Tri-Party Agreement as presented.
7. DISCUSS CONTRACTING WITH CITY OF LA PORTE FOR REDEVELOPMENT AUTHORITY DUTIES
DESCRIBED IN TRI-PARTY AGREEMENT.
Mr. Joems stated that a draft contract will be sent to Board members for consideration at their next
meeting.
8. RECEIVE REPORT ON TAX INCREMENT REVENUES FOR 2000 TAX YEAR.
Mr Joems presented a report on fIrst-year tax increment revenues, stating that funds from Harris
County's participation, which begins in 2001, will not be received until 2002.
9. DISCUSS MASTER WATERSHED PLAN FOR TAX INCREMENT REINVESTMENT ZONE #1.
Mr. Joems distributed to the Board a document entitled "Master Watershed plan for TIRZ #1,
Taylor Bayou Watershed," a copy of which is attached to these minutes as Exhibit A. He discussed the
contents of this document and a staff report contained in the Board's meeting materials, noting that a plan
for drainage and sewer is essential for this area if residential development is to occur. The City requests
that the Authority consider assisting with funding needed to do a watershed study that would accommodate
development. Mr. Joems responded to Board questions regarding costs of the proposed study.
10. OTHER MA TIERS WHICH MAY PROPERLY COME BEFORE mE BOARD.
No other matters were brought before the Board.
11. ADJOURNMENT.
BY:
The Board adjourned at 7:50 PM.
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Master Watershed Plan for TIRZ #1, Taylor Bayou Watershed
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Title:
List of Exhibits:
Exhibit A:
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IMPROVEMENTS
ETENTION FACIlITY
DARY OF TIRZ
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JUST 9, 1999
DRAINAGE IMPROVEMENTS
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AGENDA ITEM 3:
ESTIMATE OF REVENUES, CITY OF LA PORTE TIRZ #1
The estimated Tax Increment Revenues for the 2001 Tax Year are as follows:
City
LPISD
Harris County
9.020
20.470
3.644
With 9.670 to Education Facilities Fund
The summary worksheets for the City and LPISD increments are attached. We have estimated Harris
County's contribution based on certain assumptions. We do not anticipate having Harris County's report
and check for increment until July. The City and LPISD increments have been deposited in the TIRZ Fund
and the Education Fund increment has been sent to LPISD.
The estimate of Tax Increment Revenues to date are:
2000
2001
TOTAL
8,641
9,020
17,661
EDUCATIONAL TOTAL
FUND *3
10,349
10,800
21,149
18,990
23,464
42,454
9,266
9,670
18,936
28,256
33,134
61,390
3,644
3,644
* 1 - Less the Education Facilities Fund
*2 - Limited to projects listed in Interlocal Agreement
*3 - Educational Fund administered by La Porte ISD
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City of La Porte
Tax Increment Reinvestment Zone #1
Annual Report
For
Tax Year 2001
Prior Backaround
November 29,2000 - The Tax Increment Reinvestment Zone #1 Board of Directors:
. Reviewed and approved an interlocal agreement between the
City of La Porte, Harris County and Tax Increment Reinvestment Zone #1.
. Reviewed, approved and recommended City Council approval of:
o Application to the Mayor and City Council of the City of
La Porte, Texas for creation of the La Porte Redevelopment
Authority.
o Articles of Jncorporation of the La Porte Redevelopment Authority.
o Bylaws of the La Porte Redevelopment Authority.
December 11, 2000 - The La Porte City Council:
. Reviewed and approved an interlocal agreement between the City of La Porte,
Harris County and Tax Increment Reinvestment Zone #1.
. Reviewed and approved:
o Application to the Mayor and City Council of the City of
La Porte, Texas for creation of the La Porte Redevelopment
Authority.
o Articles of Incorporation of the La Porte Redevelopment Authority.
o Bylaws of the La Porte Redevelopment Authority.
May 18, 2001- The State of Texas issued the Certificate of Incorporation of the La Porte
Redevelopment Authority.
August 1,2001 - The Board of Directors of the La Porte Redevelopment Authority
passed a Resolution establishing the first Wednesday of August as their annual meeting
date and elected their officers.
Tri-Partv Aareement Between City of La Porte, Texas, Tax Increment Reinvestment Zone
#1, City of La Porte, Texas and the La Porte Redevelopment Authority
. July 9, 2001, the La Porte City Council approved a Tri-Party Agreement between the City
of La Porte, Texas, Tax Increment Reinvestment Zone #1, City of
La Porte, and the La Porte Redevelopment Authority.
. August 1, 2001, the Board of Directors for both Tax Increment Reinvestment Zone #1
and La Porte Redevelopment Authority approved a Tri-Party Agreement between the City
of La Porte, Texas, Tax Increment Reinvestment Zone #1, City of La Porte, and the La
Porte Redevelopment Authority.
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Report on Tax Increment Revenues for 2000 Tax Year
. August 1,2001, the Board of Directors for both the Tax Increment Reinvestment Zone #1
and the La Porte Redevelopment Authority received a report on Tax I ncrement Revenues
for 2000 Tax Year.
Acquisition of Utility Easements
. On February 20, 2001, utility easements necessary for a proposed sanitary sewer trunk
main were sent to three major landowners with the TIRZ #1 with a request that they be
executed and returned.
. These easements were re-sent on February 20, 2002 again with a request that they be
executed and returned.
. As of April 5, 2002, one easement has been executed and returned. The other two
easements required some re-drafting. It is anticipated that these two easements will be
executed and returned.
Consideration for a Master Watershed Plan for the Taylor Bayou within Tax Increment
Reinvestment Zone #1
. August 1,2001, the Board of Directors for both the Tax Increment Reinvestment Zone #1
and the La Porte Redevelopment Authority requested La Porte City Council approve the
preparation of a Master Watershed Plan for the Taylor Bayou Watershed within Tax
Increment Reinvestment Zone #1.
. August 13, 2001, the La Porte City Council approved the preparation of a Master
Watershed Plan for the Taylor Bayou Watershed within Tax Increment Reinvestment
Zone #1.
. September 4, 2001, City of La Porte requested from four firms, qualification statements
for the preparation of a Master Watershed Plan for the Taylor Bayou Watershed within
Tax Increment Reinvestment Zone #1.
. October 17, 2001, qualifications statements reviewed and identified Civil Tech
Engineering, Inc. as the top respondent. City of La Porte requested a proposal for
services.
. As of this date, April 5, 2002, negotiations with Civil Tech for scope of work are nearing
completion. When completed, a proposed agreement will be taken to the La Porte
Redevelopment Authority for approval and
La Porte City Council for ratification.
H:\My Documents\Documents\TIRZ\Annual Report Tax Yr.2001_TIRZ(4-05-02).doc
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Calculation of the Amount of Taxes Due the
Tax Increment Reinvestment Zone # 1, La Porte, TX
By the La Porte ISO
For the 2001 Tax Year
Data Entry Area:
Enter the Amount of Taxes Billed on Property located in the Zone
Enter the Amount of Billed Taxes which have not been collected
Enter the ISO's Tax Rate (1.63 = 1.63 Cents per $100)
Calculation of the Collection Rate for Property in the TIRZ
a Total Taxes Billed on Property Located in the TIRZ
b Less Total Delinquent Taxes on Property Located in the TIRZ
c Equals Total Taxes Collected on Property in the TIRZ
d Divided by the Total Taxes Billed on Property Located in the TIRZ
e Equals the Collection Rate fpr Taxes in the TIRZ
2 . Calculation if the Captured Appraised Value
a Total Taxes Billed on Property Located in the TIRZ
b Divided by the ISO's Tax Rate
c Equals the Total Appraised Value for the Current Year
d Less the Tax Increment Base (1999) Value
e Equals the Captured Appraised Value
3 Calculation of the Amount Due the Tirz by the ISO
a Captured Appraised Value
b Times ISO's Tax Rate
c Equals Total Taxes applicable to the Captured Appraised Value
d Times the ISO's Collection Rate
e Equals the Total Taxes due the TIRZ by the La Porte ISO
4 Breakdown of How ISO Taxes are Applied
a Equals the Total Taxes Due the TIRZ by the La Porte ISO
b Divided the Total Tax Rate for ISO
c Equals Taxes due the Tirz per Denny of Tax Rate
d Times rate for General TIRZ P
e Difference is rate for Educatior
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$131,604.09
$35,906.76
$0.0163
$131,604.09
$35,906.76
$95,697.33
$131,604.09
72.72%
$131,604.09
$0.0163
8,073,871
6,346,840
1,727,031
1,727,031
$0.0163
$28,150.60
72.72%
$20,470.01
$20,470.01
$0.0163
$125.58
$10,800.13
$9,669.88
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Calculation of the Amount of Taxes Due the
Tax Increment Reinvestment Zone # 1, La Porte, TX
By the City of La Porte
For the 2001 Tax Year
Data Entry Area:
Enter the Amount of Taxes Billed on Property located in the Zone
Enter the Amount of Billed Taxes which have not been collected
Enter the City's Tax Rate (.71 = .71 Cents per $100)
$57,528.93
$15,515.35
$0.0071
1 Calculation of the Collection Rate for Property in the TIRZ
a Total Taxes Billed on Property Located in the TIRZ
b Less Total Delinquent Taxes on Property Located in the TIRZ
c Equals Total Taxes Collected on Property in the TIRZ
d Divided by the Total Taxes Billed on Property Located in the TIRZ
e Equals the Collection Rate for Taxes in the TIRZ
$57,528.93
$15,515.35
$42,013.58
$57,528.93
73.03%
2 Calculation if the Captured Appraised Value
a Total Taxes Billed on Property Located in the TIRZ
b Divided by the City's Tax Rate
c Equals the Total Appraised Value for the Current Year
d Less the Tax Increment Base (1999) Value
e Equals the Captured Appraised Value
$57,528.93
$0.0071
8,102,666
6,362,980
1,739,686
3 Calculation of the Amount Due the Tirz by the City
a Captured Appraised Value
b Times City's Tax Rate
c Equals Total Taxes applicable to the Captured Appraised Value
d Times the City's Collection Rate
e Equals the Total Taxes due the TIRZ by the City of La Porte
1,739,686
$0.0071
$12,351.77
73.03%
$9,020.54
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AGENDA ITEM 4:
ANNUAL AUDIT FOR TIRZ FUND FY ENDING SEPTEMBER 31,2001
The Redevelopment Authority [Bylaws and Tri-Party Agreement] provides for an annual
audit of the TIRZ fund. ,r
The audit of the TIRZ fund for FY ending September 31, 2001 is contained within the
City's Comprehensive Annual Financial Report (CAFR). "
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The attached pages are excerpts from the CAF\~~~eView the TIRZ fund.
This year (FY ending 2002) we anticipate producing a separate audit statement for the
Redevelopment Authority even though the TIRZ fund will still be reported in the City's
CAFR.
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SPECIAL REVENUE FUNDS
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Special Revenue Funds are used to account for specific
revenues that are legally restricted to expenditure for
particular purposes. A brief description of each fund
reported in the Special Revenue Funds follows:
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Economic Development Fund - to account for funds specially set aside to encourage
development in the area of economic development.
Hotel Tax Fund - to account for revenues from the HotellMotel Occupancy Tax and
related expenditures.
Section 4B Sales Tax Fund - to account for the Yl cent sales tax' dedicated to certain
economiq and infrastructure projects.
Tax Increment Reinvestment Zone - to account for revenues and related expenditures
that benefit. '
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AGENDA ITEM 5:
STATUS OF TIRZ FUND
FY 2001-2002 BUDGET FOR TIRZ FUND
Working Capital 9/30/00
. Loan from Fund 036 (City's Economic Development Fund)
. Interest Earned on Fund 036
. Estimated 00-01 Revenues
Estimated Working Capital 9/30/01
Plus 01-02 Revenues
. Tax Increment*
. Interest Income
Total Revenues
Equals Total Resources
Less 01-02 Estimated Expenditures/and Commitments
/
. Watershed Study
. Miscellaneous Consulting Fees
. Misc aneous Supplies Materials
\ ~'
. Educational Fund
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~ ~ u~ if
100,000 ,ty ~ .
1L~~W1'
126,822
~
20,000~3) ib~
4,000
---------.-.--.--.
Equals Estimated Working Capital 9/30/02
* Updated estimate $23,464
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24,000
150,822
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AGENDA ITEM 6:
AGREEMENT BETWEEN THE CITY, TIRZ, AND REDEVELOPMENT AUTHORITY
At the August 1,2001 meeting, the La Porte Redevelopment Authority discussed contracting
with the City of La Porte for Redevelopment Authority duties described in the Tri-Party
Agreement.
Section II and Section VI of the Tri-Party Agreement (attached) between the City, Zone and
Authority describes the services the Redevelopment Authority may furnish. Since the Authority
has no employees we are suggesting a simple agreement with the City to provide these services.
(Note: this approach is similar to the operating agreement between the City and the La Porte
Area Water Authority).
The agreement provides for the Authority to compensate the City, at cost plus 5%, annually,
upon termination, or as otherwise provided for in writing, for services performed by the City on
behalf of the Authority. For outside or vendor services, payment will be made within 30 days of
invoice date. The agreement term is for 1 year with the option for two I-year renewals and
includes provisions for termination by either party.
The La Porte City Council will also consider this agreement at their May 20th Meeting.
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AGREEMENT FOR SERVICES BY AND BETWEEN
THE CITY OF LA PORTE, TEXAS, TAX INCREMENT REINVESTMENT ZONE NUMBER ONE,
CITY OF LA PORTE, TEXAS AND THE LA PORTE REDEVELOPMENT AUTHORITY
THIS AGREEMENT (this "Agreement"), effective as of , 2002, is made by and between
the CITY OF LA PORTE, TEXAS, a municipal corporation and a home-rule city in the State of Texas (the
"CITY"); REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS, a reinvestment zone
created by the City pursuant to Chapter 311, Texas Tax Code (the "ZONE"); and the LA PORTE
REDEVELOPMENT AUTHORITY, a nonprofit local government corporation organized and existing under
the laws of the State of Texas (the "AUTHORITY").
RECITALS
WHEREAS, the CITY, ZONE, and AUTHORITY have previously entered into an Agreement; and
WHEREAS, the CITY and the ZONE desire to secure services of the CITY to assist the AUTHORITY
in its duties described in its Agreement with the CITY and ZONE;
NOW, THEREFORE, for and in consideration of the mutual undertakings herein contained, the
AUTHORITY and CITY agree as follows:
I.
CITY agrees to assist the AUTHORITY in its scope of services as defined by Section II and Section IV of the
"AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS, REINVESTMENT ZONE
NUMBER ONE, CITY OF LA PORTE, TEXAS, AND THE LA PORTE REDEVELOPMENT
AUTHORITY" for a term of one (1) year commencing with an option to renew this agreement for two
additional one (1) year terms, subject to the agreement of both parties. This agreement is subject to
termination at any time without cause by either party giving ninety (90)-day written notice to the other.
II.
CITY shall receive compensation for services referred to in Section I above in an amount equal to the direct
salary costs plus 5% of City personnel performing services anticipated by this agreement. Payment for these
services shall be made annually, upon termination, or otherwise agreed to in writing by both parties.
Reimbursable expenses such as consultant's fees, supplies and materials shall be billed at cost plus 5% and
paid within thirty (30) days of invoice or as determined by separate agreement with consultant or provider.
III.
CITY will procure, to AUTHORITY'S account, supplies, materials, equipment, and services, utilizing funds
allocated in AUTHORITY'S approved budget (Tax Increment Reinvestment Zone Fund), for the services
provided by the CITY on behalf of AUTHORITY. CITY shall conform to all applicable purchasing laws of
the State of Texas in the procurement of all supplies and materials necessary for the services provided.
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IV.
CITY is retained by AUTHORITY only for the purpose and to the extent set forth in this Agreement, and
City's relation to AUTHORITY, during the period of this Agreement, is that of an independent entity, and
CITY shall be free to dispose of such portion of his entire time not required to satisfy the terms of this
Agreement in any manner he deems advisable. CITY shall not be considered an employee of AUTHORITY.
V.
CITY shall be required to operate within the current guidelines of its governing body and shall notify
AUTHORITY of any possible conflicts with such guidelines, as soon as practicable after the occurrence of
said possible conflicts.
VI.
CITY hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature
whatever to all persons, whether employees of CITY or otherwise, and to all property caused by, resulting
from, arising out of, or occurring in connection with the services provided for in this Agreement and if any
person shall make a claim for any damage or injury as herinabove described, whether such claim may be
based upon the AUTHORITY'S alleged active or passive negligence or participation in the wrong or upon any
alleged breach of any statutory duty or obligation on the part of the AUTHORITY, the CITY agrees to
indemnify and save harmless the AUTHORITY, its agents, servants, and employees from and against any and
all loss, expense, damage, or injury that the AUTHORITY may sustain as result of any such claims and the
CITY agrees to assume, on behalf of the AUTHORITY, the defense of any action at law or in equity, which
may be brought against the AUTHORITY upon such claim and to pay on behalf of the AUTHORITY, upon
its demand, the amount of any judgment that may be entered against the AUTHORITY in any such action.
VII.
Before commencing the services, the CITY shall procure and maintain liability insurance, at its own expense,
and procure and maintain workers' compensation and employee liability insurance in accordance with the
laws of the State of Texas. The CITY agrees that nothing contained in this paragraph shall limit or release the
CITY from its obligations otherwise provided for in this Agreement, including assumption of liabilities and
indemnifications to the AUTHORITY.
If the CITY fails to procure and maintain at least the above insurance, the AUTHORITY shall have the right
to procure and maintain the said insurance for and in the name of the CITY, and the CITY shall pay the cost
thereof and shall furnish all necessary information to make effective and maintain such insurance.
VIII.
The CITY for the compensation provided for herein, hereby agrees to pay and shall hold the AUTHORITY
harmless against the payment of all contributions, taxes, or premiums which may be payable under Federal,
State, or Local laws arising out of the performance of the work.
i.
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IX.
If either the CITY or AUTHORITY believes it has a claim of any nature whatsoever against the other party, it
shall give the other written notice of the amount, whenever possible, and nature of such claim within forty-five
(45) days (or such other time limits as may be expressly set forth in the Agreement) of the occurrence of the
event upon which such claim is based. In default of such notice the claim is waived.
X.
All matters relating to the validity, performance,. interpretation, or construction of this Agreement or the
breach thereof shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals the day
and year first above written.
CITY OF LA PORTE
By:
Norman Malone, Mayor
ATTEST:
Martha A. Gillett, City Secretary
LA PORTE REDEVELOPMENT AUTHORITY
By:
President, Board of Directors
ATTEST:
Secretary, Board of Directors
REINVESTMENT ZONE NUMBER ONE,
CITY OF LA PORTE, TEXAS
By:
Chairperson, Board of Directors
ATTEST:
Secretary, Board of Directors
H:\My Documents\Documents\TIRZ\Redevlopment Authority Agreement.doc
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II.
SCOPE OF SERVICES BY AUTHORITY
To the extent of available funds and subject to the limitations of thIs Agreement, the services
that the Authority may furnish consis.t of,: among other things, the following:
, A. Management and Administrative Services and Consultants. The Authority will
provide management and adn1,inistrative services for the Zone and ~e Pill. The servi~es ~thout
limitation may include the following:
1. Provide the staff and administrative services that are necessary to manage the
Zone and the Pill and provide or supervise the services and the Proj ects;
2. Provide management, fmancial and program monitoring systems for the
administration of the Zone, and the Pill;
3. Provide any required reports to the City and the Zone' concerning the
administration of the Zone;
, ,
4. Subject to the t.etms of this Agreement, recruit, hire, pay and supervise the
consultants and any work force that the Authority will utilize to furnish services required for the
development or redevelopment of the Zone;
5. Provide staff to participate in meetings concerning the administration of the
Zone and the Pill in all its capacities, including the services to the Zone Board when managing the
Zone;
6. Provide liaison and coordination betvveen the Zone, the City, the County, the
School District, other Taxing Units, property owners, and other persons and groups interested in the
redevelopment activities of the Zone and the Pill;
7. Supervise and monitor the performance of consultantS and subcontractors who
are employed by the Authority;
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8. Assist in briefing Developers, property owners and other persons concerning
proposed activities and developments that would complement public and private development
activities in the Zone;
9. Function as the information/complaint center for all matters relating to the
administration of the Zone and advise the Zone Board ~d the City in a timely manner of any
problems concerning the Zone and the PID; and
10. Provide engineering, planning, legal, fmancial, real estate, and other services
through consultants engaged by the Authority as may be requested by the Zone Board or the City.
B. Services With Respect to the Plans and Enlargement of the Zone.
1. Act as consultant to the Zone in the implementation and amendment of the
Plans in accordance with applicable law.
2. The Authority will review areas for addition to the Zone.fl.S requested by the
Zone Board and will provide information with respect to any proposed enlargement that may be
required by the Zone Board including, if requested, the information required for a preliminary Project
Plan and a preliminary Financing Plan with respect to the enlargement of the Zone.
C. Tax and Assessment Rolls.
1. Assist the Zone Board and the City with respect to the preparation of special
tax rolls relating to the Zone. The Authority will analyze property uses in the Zone, compare them to
the records of the Appraisal District, and attempt to reconcile the tax rolls of the Appraisal District
with the actual land uses.
2. Assist the City in securing a tax roll for the Zone each year, and assist the
Zone Board, the City, and the Appraisal District in having the Zone tax rolls correctly reflect the total
appraised value of real property in the Zone for that year and showing separately the Tax Increment
Base and the Captured Appraised Value. The Authority. will assist the Zone Board and the City in
advising all Taxing Units participating in the Zone with respect to the Captured Appraised Value and
the amount of Tax Increment of each Taxing Unit which is to be paid into the Tax Increment Fund as
required by the TIRZ A~t. .
3. Assist the City in preparing the PID Assessment ro lIs, noticing and conducting
hearings, and collecting the PID Assessments.
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D. Construction ofProiects. The Authority may construct infrastructure, buy equipment
and supplies, and deal in re,al estate as necessary to implement the Plans and as permitted by the
TIRZ Act and the PID Act:
1. To the extent funds are available, the Authority may design and construct
Projects identified in the Plans that meet the qualifications of the TIRZ Act and the PID Act as
applicable; and
2. To the extent funds are available, the Authority may buy, sell, lease and
otherwise deal in real estate within the Zone.
E. Subcontractors. The Authority may provide the services required by this Agreement
through staff, subcontractors, and/or consultants subject to the conditions of this Agreement.
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VI.
ACCOUNTING AND AUDITS
A. Accounts. records, and accounting reports. The Authority will maintain books of
records and accounts in which full, true, and proper entries will be made on all dealings, transactions,
business, and matters that in any way affect or pertain to the operation of the Zone and the Pill, and
the allocation and application of funds provided hereunder. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified and readily
accessible. The Authority shall provide free access to the books and records at all times to the City
and the Zone or their representatives and shall permit them to examine and audit the same and make
copies thereof. The Authority shall further allow the City and the Zone and their representatives to
make inspections of all work data, documents, proceedings, and activities related to this Agreement.
Such right of access and audit shall. continue for a period of three years from the date of final
payment under this Agreement. The Authority will operate on the basis of the same fiscal year as the'
City.
B. Audit. At the end of each fiscal year (beginning with the fiscal year or fraction
thereof during which this Agreement is executed), the Authority will have an audit prepared by an
independent Certified Public Accountant for that fiscal year that shall be submitted to the Authority,
the Zone and the City within 120 days after the end of the fiscal year. The Authority shall furnish
copies of the audit to the City Manager 'and the Zone Board.
C. Authority Depository, Any moneys received from investing and reinvesting the
moneys paid by the City and the Zone to the Authority shall remain ill. the Pill Revenue Fund and the
TIRZ Revenue Fund, as applicable, until used by the Authority for one of the purposes permitted by
this Agreement, and may be commingled with other moneys ofthe Authority; provided that these
funds shall be accounted for separately. Such funds shall be invested and reinvested by the Authority
only in investments that would be eligible for investment by the City pursuant to the provisions of
the Public Funds Investment Act (Chapter 2256, Texas Government Code). Such funds will be
secured by the depository bank in the same manner as City funds are required to be secured at the
City depository and in accordance with applicable law and City procedures. .
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AGENDA ITEM 7:
AGREEMENT WITH CIVIL TECH ENGINEERING, INC.
Earlier, the Redevelopment Authority recommended and City Council approved the concept of securing
professional engineering services to prepare a Master Watershed Plan for the Taylor Bayou Watershed.
~ September 4, 2001, City of La Porte requested from four firms, qualification statements for the
preparation of a Master Watershed Plan for the Taylor Bayou Watershed within Tax Increment
Reinvestment Zone # 1.
~ October 17,2001, qualifications statements reviewed and identified Civil Tech Engineering, Inc. as
the top respondent. City of La Porte requested a proposal for services.
~ As of this date, April 5, 2002, negotiations with Civil Tech for scope of work are nearing
completion. When completed, a proposed agreement will be taken to the La Porte Redevelopment
Authority for approval and La Porte City Council for ratification.
Attached is the entire proposed professional services agreement with Civil Tech Engineering, Inc. The
agreement is based on~o.. y.. rates of professional services with a not to exceed (without written
authorization) $24,960 . ~ an estimated $1,000 for reimbursables.
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The scope of services can be found 9n Exhibit SR-A (2 pages) and Exhibit SR-A1 (3 pages) (clipped). We
expect a representative of Civil Tech to be at the meeting to review the scope of work with the Board.
Because the Redevelopment Authority has adopted the City's procurement procedures, City Council will
also have to approve the agreement (contracts in excess of $15,000).
This item is planned for the May 20th City Council Meeting.
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APR 2 5 21J02 ~ I
CivilT ech
Engineering, Inc.
April 11, 2002
1;(
Mr. John Joerns
Assistant City Manager
City of La Porte
604 W. F airmont Parkway
La Porte, Texas 77571
Re: Taylor Bayou Watershed Drainage Plan
La Porte Redevelopment Authority- Tax Increment Reinvestment Zone #1
Dear Mr. Joems:
We pleased to submit our Contract Agreement to provide professional engineering services for the Taylor
Bayou Watershed Drainage Plan. The services to be provided, the duties and responsibilities of the parties,
payment terms, and time of performance, are detailed in the enclosed Agreement. Enclosed are two (2)
copies of the Agreement for your execution. Upon your execution, please forward one (1) original copy for
our files.
We look forward to providing professional engineering services to the City ofLa Porte.
Sincerely,
CIVIL TECH ENGINEERING, 1Ne.
(~,~
Melvin G. Spinks, P.E.
President
Enclosures:
HOUSTON 12345 JONES ROAD, SUITE 100
HOUSTON, TEXAS 77070
TEL: 281-970-1200
FAX: 281-970-9211
AUSTIN 600 ROUND ROCK WEST, SUITE 502
ROUND ROCK. TEXAS 78681
TEL: 512-733-7800
FAX: 512-733-7803
INTERNET COMPANY@CIVILTECHENG.COM
\l'WW .CIVIL TECHENG .COM
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STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
STUDY AND REPORT PHASE
PROFESSIONAL SERVICES
This is an Agreement effective as of
, 2002, between
City of La Porte, Texas ("OWNER"), on behalf of the La Porte Redevelopment Authority, andCivilTech
Engineering, Inc. ("ENGINEER").
OWNER retains ENGINEER to perform professional services, in connection with development of the Taylor
Bayou Watershed ~a1 Drainage Plan ("Assignment").
OWNER and ENGINEER, in consideration of their mutual covenants as set forth herein, agree as follows:
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ARTICLE I-ENGINEER'S SERVICES
1.01 Scope
A. ENGINEER shall provide the services set forth
in Exhibit SR-A.
B. Upon this Agreement becoming effective,
ENGINEER is authorized to begin services as set forth
in Exhibit SR-A.
C. If authorized in wntmg by OWNER, and
agreed to by ENGINEER, services beyond the scope
of this Agreement will be performed by ENGINEER
for additional compensation.
ARTICLE 2-0WNER'S RESPONSIBILITIES
2.01 General
A. OWNER shall have the responsibilities set
forth herein and in Exhibit SR-A.
ARTICLE 3--TIMES FOR RENDERING
SERVICES
3.01 ENGINEER's services will be performed
within the time period or by the date stated in Exhibit
SR-A.
3.02 If ENGINEER's services are delayed or
suspended in whole or in part by OWNER,
ENGINEER shall be entitled to equitable adjustment
of the time for performance and rates and amounts of
compensation provided for elsewhere in this
Agreement to reflect reasonable costs incurred by
ENGINEER in connection with, among other things,
such delay or suspension and reactivation and the fact
that the time for performance under this Agreement
has been revised.
ARTICLE 4--PAYMENTS TO ENGINEER
4.01 Methods of Payment for Services of
ENGINEER.
A. OWNER shall pay ENGINEER for services
rendered under this Agreement as follows:
I. An amount equal to the cumulative hours
charged to the Assignment by each class of
ENGINEER's employees times Standard Hourly
Rates for each applicable billing class for all
services performed on the Assignment, plus
Reimbursable Expenses, estimated to be $1,000.00
and ENGINEER's Consultants' charges, if any,
estimated to be $0.00. The total compensation
under paragraph 4.0 I.A. I is estimated to be
$24,960.00.
2. ENGINEER's Reimbursable Expenses
Schedul~ and Standard Hourly Rate Schedule are
attached to this Agreement as Exhibits SR-C and
SR-D, respectively.
3. The amounts billed for ENGINEER's
services will be based on the cumulative hours
charged to the Assignment during the billing period
by each class of ENGINEER's employees times
Standard Hourly Rates for each applicable billing
class, plus Reimbursable Expenses and
ENGINEER's Consultants' charges, if any, incurred
during the billing period.
2
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4.02 Other Provisions Concerning Payment
A. Estimated Compensation Amounts.
1. ENGINEER's estimate of the amounts
that will become payable are only estimates for
planning purposes, are not binding on the
parties, and are not the minimum or maximum
amounts payable to ENGINEER under the
Agreement.
2. When estimated compensation amounts
have been stated herein and it subsequently
becomes apparent to ENGINEER that a
compensation amount herein estimated would
be exceeded, ENGINEER shall give OWNER
written notice thereof. Promptly thereafter
OWNER and ENGINEER shall review the
matter of services remaining to be performed
and compensation for such services. OWNER
shall either agree to such compensation
exceeding said estimated amount or OWNER
and ENGINEER shall agree to a reduction in
the remaining services to be rendered by
ENGINEER, so that total compensation for
such services will not exceed said estimated
amount when such services are completed.
B. Adjustments
1. ENGINEER's compensation is
conditioned on time to complete the
Assignment not exceeding the time identified in
Exhibit SR-A. Should the time to complete the
Assignment be extended beyond this period
due to reasons not the fault of and beyond the
control of ENGINEER, the total compensation
to ENGINEER shall be appropriately adjusted.
2. If used, the Standard Hourly Rates
Schedule, and Reimbursable Expenses
Schedule will be adjusted annually (as of
January 1,2003) to reflect equitable changes to
the compensation payable to ENGINEER.
C. Reimbursable Expenses. Reimbursable
Expenses means the actual expenses incurred by
ENGINEER or ENGINEER's Consultants directly in
connection with the Assignment, including the
categories and items listed in Exhibit SR-C, and if
authorized in advance by OWNER, overtime work
requiring higher than regular rates.
D. For Additional Services. OWNER shall pay
ENGINEER for all services not included in the scope of
this Agreement on the basis agreed to in writing by the
parties at the time such services are authorized by OWNER.
ARTICLE 5--DESIGNATED REPRESENTATIVES
5.01 Contemporaneous with the execution of this
Agreement, ENGINEER and OWNER shall each designate
specific individuals as ENGINEER's and OWNER's
representatives with respect to the services to be performed
or furnished by ENGINEER and responsibilities of
OWNER under this Agreement. Such individuals shall
have authority to transmit instructions, receive information,
and render decisions relative to the Assignment on behalf
of their respective party.
ARTICLE 6--CONTENT OF AGREEMENT
6.0 I The following Exhibits are incorporated herein by
reference:
A. Exhibit SR-A, "Further Description of Services,
Responsibilities, Time, and Related Matters," consisting of
2 pages including separate attachment: Figure 1 - Project
Schedule.
B. Exhibit SR-Al, "Study Objectives, Background and
Scope of Work," consisting of 4 pages.
C. Exhibit SR-B, "Standard Terms and Conditions,"
consisting of 5 pages.
D. Exhibit SR-C, "Reimbursable Expenses Schedule,"
consisting of 1 page.
E. Exhibit SR-D, "Standard Hourly Rates," consisting
of 1 page.
6.02 Total Agreement
A. This Agreement (consisting of pages I to 4,
inclusive, together with the Exhibits identified in
paragraph 6.0 I) constitutes the entire agreement between
OWNER and ENGINEER and supersedes all prior written
or oral understandings. This Agreement may only be
amended, supplemented, modified, or canceled by a duly
executed written instrument.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated
on page 1.
OWNER: City of La Porte, Texas
ENGINEER: CivilTech Engineering, Inc.
r./iJ "- rJ;..{,;
By: Robert T. Herrera
By: Melvin G. Spinks, P.E.
Title: City Manager
Title: President
Date Signed:
Date Signed:
4- /1- oZ-
Address for giving notices:
Address for giving notices:
City of La Porte
CiviITech Engineering, Inc.
604 W. Fairrnont Parkway
12345 Jones Road, Suite 100
La Porte, Texas 77571
Houston, Texas 77070
Designated Representative (Paragraph 5.01):
Designated Representative (Paragraph 5.01):
Name: Douglas K. Kneupper, P.E.
Name: Melvin G. Spinks, P.E.
Title: Director of Planning
Title: President
Phone Number: 281-471-5020
Phone Number: 281-970-1200
Facsimile Number: 281-471-7168
Facsimile Number: 281-970-9211
E-Mail Address:kneupperd@ci.la-porte.tx.us
E-Mail Address:mgspinks@civiltecheng.com
4
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This is EXHIBIT SR-A, consisting of 2 pages, referred to in
and part of the Agreement between OWNER and
ENGINEER for Study and Report Phase Professional
Services dated , 2002.
Initial:
OWNER
ENGINEER MIt ~
Further Description of Services, Responsibilities, Time, and Related Matters
Specific articles of the Agreement are amended and supplemented to include the following agreement of the parties:
A.1.0l ENGINEER's Services
A. ENGINEER shall:
1. Consult with OWNER to defme and clarify OWNER's requirements for the Assignment and
available data. Refer to Exhibit SR-Al - Study Objectives, Background and Scope of Work for specific
work tasks on this assignment.
2. Advise OWNER as to the necessity of OWNER providing data or services which are not part of
ENGINEER's services, and assist OWNER in obtaining such data and services.
3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction
relevant to the Assignment.
4. Identify and evaluate alternate solutions available to OWNER and, after consultation with
OWNER, recommend to OWNER those solutions which, in ENGINEER's judgment, meet OWNER's
requirements.
5. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts, sketches
and design criteria with appropriate exhibits to indicate the agreed-to requirements, considerations involved, and
those alternate solutions available to OWNER which ENGINEER recommends. This Report will be
accompanied by ENGINEER's opinion of Total Project Costs for each solution which is so recommended with
each component.
6. Furnish five (5) review copies of the draft Report to OWNER.
7. Revise the Report in response to OWNER's and other parties' comments, as appropriate, and
furnish fifteen (15) fmal copies of the revised Report to the OWNER.
A.2.0l OWNER's Responsibilities
A. OWNER shall do the following in a timely manner, so as not to delay the services of ENGINEER:
1. Provide all criteria and full information as to OWNER's requirements for the Assignment.
2. Furnish to ENGINEER all existing studies, reports and other available data pertinent to the
Assignment, obtain or authorize ENGINEER to obtain or provide additional reports and data as required, and
furnish to ENGINEER services of others as required for the performance of ENGINEER's services.
Page 1 of 2 Pages
(Exhibit SR-A - Further Description of Services, Responsibilities, Time, and Related Matters)
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B. ENGINEER shall be entitled to use and rely upon all such information and services provided by
OWNER or others in performing ENGINEER's services under this Agreement.
C. OWNER shall bear all costs incident to compliance with its responsibilities pursuant to this
paragraph A.2.0 I.
A.3.01 Times for Rendering Services
A. The time period for the performance of ENGINEER's services shall be four (4) months. A project schedule
is provided in this Agreement as Attachment I.
B. Engineer understands that during the term of this Agreement other parties may pursue development of
certain parcels located within the study area. If this occurs, Owner may request Engineer to complete the
work as defmed by this Agreement, or provide additional services as may be required, or terminate the
work.
c. ENGINEER's services under this Agreement will be considered complete when all deliverables set forth in
Exhibit SR-A and SR-AI are submitted to OWNER.
Page 2 of 2 Pages
(Exhibit SR-A - Further Description of Services, Responsibilities, Time, and Related Matters)
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This is EXHIBIT SR-Al, consisting of 3 pages, referred to in
and part of the Agreement between OWNER and
ENGINEER for Study and Report Phase Professional
Services dated , 2002.
Initial:
OWNER
ENGINEER f147
Study Objectives, Background, and Scope of Work
Specific articles of the Agreement are amended and supplemented to include the following agreement of the parties:
STUDY OBJECTIVES
The City of La Porte Tax Increment Reinvestment Zone # 1 (TIRZ) has identified a need to prepare a drainage plan
for the Taylor Bayou Watershed. The drainage plan would identify drainage improvements needed to serve future
development within its boundary limits and other contributing areas. The general planning objectives for this study
are noted as follows:
Evaluate downstream conditions and increased runoff from future development.
· Reduce the risk of flooding and drainage problems from future development in the watershed.
Identify regional flood reduction measures such as channels, detention ponds, new bridge/culvert
structures, or other storrnwater management activities that will serve the future drainage needs in the
watershed.
Coordinate closely with the City of La Porte and Harris County to accommodate the drainage needs for
future roadway projects within the watershed.
Consider multi-use opportunities such as parks and trails within the recommended flood control measures.
STUDY BACKGROUND
The study area for this project encompasses approximately 1, 100 acres or 1.7 square miles in the Taylor Bayou
Watershed. Current land uses in the TIRZ study area includes undeveloped property, a golf course, industrial
facilities, transportation corridors, and residential and commercial areas. It is the intent of this study to generally
identify the drainage improvements needed to serve future development in the watershed.
There are three primary drainage channels that drain the study area: HCFC Unit A 104-00-00 (Taylor Bayou), HCFC
Unit AI04-07-00, and an unnamed tributary. Portions of both HCFC Unit AI04-00-00 and Unit A 104-07-00 have
been studied in detail by the Federal Emergency Management Agency (FEMA) to establish floodplain mapping and
base flood elevations. Within the study area for the TIRZ, only HCFC Unit A104-07-00 has been studied from its
confluence with HCFC Unit AI04-00-00 to Fairrnont Parkway. HCFC Unit A104-07-00 was studied recently by
Harris County in connection with the planned roadway project for the extension of Bay Area Boulevard.
Preliminary engineering study reports have been prepared for the extension of Bay Area Boulevard from Fairrnont
Parkway to Spencer Highway, and for Fairrnont Parkway between 16th State Highway 146. These transportation
improvement projects have been sponsored by Harris County Precinct Two. The projects are situated within the
TIRZ boundary. This study will address the proposed drainage facilities identified in the reports.
Page 1 of 3 Pages
(Exhibit SR-Al - Study Objectives, Background and Scope of Work)
f
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SCOPE OF WORK
The scope of work has been prepared in consultation with the City of La Porte. The work tasks are discussed as
follows:
Task 1.0 - Study Coordination
The Consultant will coordinate with the City of La Porte, the La Porte Redevelopment Authority, Harris County,
Harris County Flood Control District, Texas Department of Transportation, and other government agencies for input
into the study process. We will conduct progress meetings monthly to discuss the study progress, issues and
deliverables. Written status reports will be submitted along with all verbal and written communications with other
agencIes.
Task 2.0 - Data Collection
The value of thorough data collection and evaluation has been proven repeatedly in many studies similar to this
study. The City of La Porte will provide all available study reports, maps, and other pertinent data available in their
files. Requests for information will be submitted to Harris County Flood Control District and other agencies to
obtain available topographic maps, historical flooding data, hydrologic and hydraulic models, etc. for the
watercourses in the watershed.
Task 3.0 - Determine Watershed Conditions and Characteristics
An inventory of the existing and future watershed conditions will be determined for this study. Pertinent watershed
characteristics include land use type and spatial patterns. Other applicable mapping data, in digital format or paper,
will also be identified and obtained, including historical development patterns, and land use projections. Aerial
maps and the field reconnaissance will be used to generate and verify existing land use conditions in the watershed.
Land use projections will be documented in the study for future flood control planning. Deliverables include a
description of the watershed conditions with digital maps (ArcView GIS) showing existing and future development
in the study area.
Task 4.0 -Hydrologic Analyses
The hydrologic analysis will be performed for the study area using the U.S. Army Corps of Engineers HEC-1
"Flood Hydrograph Package". The hydrologic model will be used to compute the runoff hydrographs and peak
flow rates at strategic locations in the watershed. The existing hydrologic model for Taylor Bayou Watershed will
be used for the study area. A watershed map will be prepared for the Taylor Bayou Watershed. Subareas will be
chosen with regard to drainage area, shape, and runoff characteristics. The watershed and subarea drainage map
will be prepared in ArcView GIS format. The existing level and types of development within each subarea will be
identified from the watershed maps, field reconnaissance, and aerial maps. The 10-, 50-, and 100-year storm
frequency events will be analyzed for existing and future land use conditions.
Task 5.0 - Hydraulic Analyses
A limited hydraulic analysis will be performed to evaluate approximate channel capacity for the following channels:
o HCFC Unit A 104-00-00 (Taylor Bayou): Upstream of Shoreacres Blvd
o Unnamed Tributary to HCFC Unit A 104-00-00
The hydraulic analysis will be performed using normal depth computations. Channel and overbank defmition will
be defined based on topographic data obtained from USGS quadrangle maps.
Page 2 of 3 Pages
(Exhibit SR-Al - Study Objectives, Background and Scope of Work)
Task 6.0 - Drainage Plan
A major focus of the study will be to develop a drainage plan to serve the TIRZ study area. The plan will identify
possible solutions to serve the drainage needs for future development in the study area. The plan may recommend
flood control and drainage improvements such as channel improvements, regional and on-site detention, storm
sewer systems, culverts, or combinations thereof. The regional drainage solutions will consider the ability to
incorporate multi-use public facilities such as parks and trails. Preliminary construction costs will be prepared for
the drainage plan. Drainage facilities related to the planned roadway improvements in the study area will also be
presented in the plan. The deliverable will be graphically presented to illustrate the plan components.
Task 7.0 - Drainage Plan Report
The report will culminate in a report that graphically presents the drainage plan for the TIRZ study area. The
product deliverable will be graphically based with exhibits, text, and tables. Five copies (5) copies of the draft
Drainage Plan will be provided to the City for review and comment. Fifteen (15) copies of the final Drainage Plan
will be provided to the City for the final deliverable.
Page 3 of 3 Pages
(Exhibit SR-Al - Study Objectives, Background and Scope of Work)
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,:
This is EXHIBIT SR-B, consisting of 5 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Study and Report Phase Professional Services dated
,2002.
Initial:
OWNER
ENGINEER Mt,::;
Standard Terms and Conditions
Article 6 of the Agreement is amended and supplemented to include the following agreement of the parties:
B.6.01.B
Standard Terms and Conditions
1. Standard of Care
The standard of care for all professional services performed or furnished by ENGINEER under this Agreement
will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar
circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied,
under this Agreement or otherwise, in connection with ENGINEER's services.
2. Independent Contractor
All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit
of OWNER and ENGINEER and not for the benefit of any other party. Nothing contained in this Agreement
shall create a contractual relationship with or a cause of action in favor of a third party against either OWNER or
ENGINEER. ENGINEER's services under this Agreement are being performed solely for OWNER's benefit,
and no other entity shall have any claim against ENGINEER because of this Agreement or the performance or
nonperformance of services hereunder. OWNER agrees to include a provision in all contracts with contractors
and other entities involved in this project to carry out the intent of this paragraph.
3. Payments to ENGINEER
Invoices will be prepared in accordance with ENGINEER's standard invoicing practices and will be submitted
to OWNER by ENGINEER monthly, unless otherwise agreed. Invoices are due and payable within 30 days of
receipt. 'If OWNER fails to make any payment due ENGINEER for services and expenses within 30 days after
receipt of ENGINEER's invoice therefor, the amounts due ENGINEER will be increased at the rate of 1.0% per
month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition,
ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agreement
until ENGINEER has been paid in full all amounts due for services, expenses, and other related charges.
4. Insurance
ENGINEER will maintain insurance coverage for Workers' Compensation, General Liability, and Automobile
Liability and will provide certificates of insurance to OWNER upon request.
5. Indemnification and Allocation of Risk
a. To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless OWNER, OWNER's
officers, directors, partners, and employees from and against costs, losses, and damages (including but not
limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and
reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions
of ENGINEER or ENGINEER's officers, directors, partners, employees, and consultants in the performance of
ENGINEER's services under this Agreement.
b. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER,
ENGINEER's officers, directors, partners, employees, and consultants from and against costs, losses, and
Page I of 5 Pagesl(Exhibit SR-B - Standard Terms and Conditions)
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damages (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other
professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the
negligent acts or omissions of OWNER or OWNER's officers, directors, partners, employees, and consultants
with respect to this Agreement.
c. To the fullest extent permitted by law, ENGINEER's total liability to OWNER and anyone claiming by,
through, or under OWNER for any injuries, losses, damages and expenses caused in part by the negligence of
ENGINEER and in part by the negligence of OWNER or any other negligent entity or individual, shall not
exceed the percentage share that ENGINEER's negligence bears to the total negligence of OWNER,
ENGINEER, and all other negligent entities and individuals.
d. In addition to the indemnity provided under paragraph B.6.01.B.5.b. of this Exhibit, and to the fullest extent
permitted by law, OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's officers,
directors, partners, employees, and consultants from and against injuries, losses, damages and expenses
(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and
all court or arbitration or other disputes resolution costs) caused by, arising out of, or resulting from Hazardous
Environmental Condition, provided that (i) any such injuries, losses, damages and expenses are attributable to
bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of
use resulting therefrom, and (ii) nothing'in this paragraph B.6.0 I .B.5.d shall obligate OWNER to indemnify any
individual or entity to the extent of that individual or entity's own negligence or willful misconduct.
e. The indemnification provision of paragraph B.6.0I.B.5.a. is subject to and limited by the provisions agreed to
by OWNER and ENGINEER in paragraph B.6.01 .B.6, "Limit of Liability, " of this Agreement.
6. Limit of Liability
To the fullest extent permitted by Law, the total liability, in the aggregate, of ENGINEER and ENGINEER'S
officers, directors, partners, employees, agents, and consultants, or any of them to OWNER and anyone
claiming by, through, or under OWNER, for any and all injuries, losses, damages and expenses, whatsoever
arising out of, resulting from, or in any way related to this agreement from any cause or causes including but not
limited to negligence, professional errors or omissions, strict liability or breach of contract or warranty, express
or implied, of ENGINEER or ENGINEER'S officers, directors, partners employees, agents, and consultants, or
any of them, shall not exceed the total amount of ENGINEERS' compensation specified in this agreement.
7. Dispute Resolution
The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this
agreement promptly by negotiation between senior executives of the parties who have authority to settle the
controversy.
The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said
notice, the receiving party shall submit to the other a written response. The notice and response shall include (a)
a statement of each party's position and a summary of the evidence and arguments supporting its position, and
(b) the name and title of the executive who will represent that party. The executive shall meet ata mutually
acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as
they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the
parties may endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure
for Mediation of Business Disputes or pursue amicable termination.
If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty days of the
commencement of such procedure, (which period may be extended by mutual agreement), or if either party will
not participate in such procedure, the parties shall pursue amicable termination.
Page 2 of 5 Pages
(Exhibit SR-B - Standard Terms and Conditions)
i,
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8. Termination of Contract
Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement.
Upon such termination, OWNER shall pay to ENGINEER all amounts owing to ENGINEER under this
Agreement, for all work performed up to the effective date of termination, plus reasonable termination costs.
9. Access
OWNER shall arrange for safe access to and make all provIsIOns for ENGINEER and ENGINEER's
Consultants to enter upon public and private property as required for ENGINEER to perform services under this
Agreement.
10. Hazardous Environmental Conditions
It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a
"Hazardous Environmental Condition," i.e. the presence at the site of asbestos, PCBs, petroleum, hazardous
waste, or radioactive materials in such quantities or circumstances that may present a substantial danger to
persons or property exposed thereto in connection with the Assignment. In the event ENGINEER or any other
party encounters a Hazardous Environmental Condition, ENGINEER may, at its option and without liability for
consequential or any other damages, suspend performance of services on the portion of the Assignment affected
thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as
appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the site
is in full compliance with applicable laws and regulations. OWNER acknowledges that ENGINEER is
performing professional services for OWNER and that ENGINEER is not and shall not be required to become
an "arranger," "operator," "generator," or "transporter" of hazardous substances, as defmed in the
Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or
may be encountered at or near the site in connection with ENGINEER's activities under this Agreement.
11. Patents
ENGINEER shall not conduct patent searches in connection with its services under this Agreement and assumes
no responsibility for any patent or copyright infringement arising therefrom. Nothing in this Agreement shall be
construed as a warranty or representation that anything made, used, or sold arising out of the services performed
under this Agreement will be free from infringement of patents or copyrights.
12. Ownership and Reuse of Documents
All documents prepared or furnished by ENGINEER pursuant to this Agreement are instruments of service, and
ENGINEER shall retain an ownership and property interest therein. Reuse of any such documents by OWNER
shall be at OWNER's sole risk; and OWNER agrees to indemnify, and hold ENGINEER harmless from all
claims, damages, and expenses including attorney's fees arising out of such reuse of documents by OWNER or
by others acting through OWNER.
13. Use of Electronic Media
a. Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as
hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data,
graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER.
Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk.
b. When transferring documents in electronic media format, ENGINEER makes no representations as to long-
term compatibility, usability, or readability of documents resulting from the use of software application
packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning
of this Assignment.
c. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.
Page 3 of 5 Pages
(Exhibit SR-B - Standard Terms and Conditions)
X.,
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d. Because data stored in electronic media fonnat can deteriorate or be modified inadvertently or otherwise
without authorization of the data's creator, the party receiving electronic files agrees that it will perfonn
acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted
the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party
delivering the electronic files. ENGINEER shall not be responsible to maintain documents stored in electronic
media fonnat after acceptance by OWNER.
14. Opinions of Probable Construction Cost
a. Construction Cost is the cost to OWNER to construct proposed facilities. Construction Cost does not include
costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of-way, or
compensation for damages to properties, or OWNER's costs for legal, accounting, insurance counseling or
auditing services, or interest and fmancing charges incurred in connection with OWNER's contemplated project,
or the cost of other services to be provided by others to OWNER pursuant to of this Agreement. Construction
Cost is one of the items comprising Total Project Costs.
b. ENGINEER's opinions of probable Construction Cost provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and
qualified professional generally familiar with the industry. However, since ENGINEER has no control over the
cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of
detennining prices, or over competitive bidding or market conditions, ENGINEER cannot and does not
guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction
Cost prepared by ENGINEER. If OWNER wishes greater assurance as to probable Construction Cost,
OWNER shall employ an independent cost estimator.
15. Opinions of Total Project Costs
a. Total Project Costs are the sum of the probable Construction Cost, allowances for contingencies, the
estimated total costs of services of ENGINEER or other design professionals and consultants, cost of land,
rights-of-way, or compensation for damages to properties, and OWNER's costs for legal, accounting, insurance
counseling or auditing services, and interest and fmancing charges incurred in connection with a proposed
project, and the cost of other services to be provided by others to OWNER pursuant to this Agreement.
b. ENGINEER assumes no responsibility for the accuracy of opinions of Total Project Costs.
16 Force Majeure
ENGINEER shall not be liable for any loss or damage due to failure or delay in rendering any service called for
under this Agreement resulting from any cause beyond ENGINEER's reasonable control.
17. Assignment
Neither party shall assign its rights, interests or obligations under this Agreement without the express written
consent of the other party.
18. Binding Effect
This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal
representatives, executors, administrators, successors, and assigns.
19. Severability and Waiver of Provisions
Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and
ENGINEER, who agree that the Agreement shall be refonned to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken
provision. Non-enforcement of any provision by either party shall not constitute a waiver of that provision, nor
shall it affect the enforceability of that provision or of the remainder of this Agreement.
Page 4 of 5 Pages
(Exhibit SR-B - Standard Tenns and Conditions)
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,:
20. Survival
All express representations, indemnifications, or limitations of liability included in this Agreement will survive
'its completion or termination for any reason.
21. Headings
The headings used in this Agreement are for general reference only and do not have special significance.
22. Controlling Law
This Agreement is to be governed by the law of the state in which the ENGINEER's principal office is located.
23. Notices
Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on
the signature page and given personally, or by registered or certified mail postage prepaid, or by a commercial
courier service. All notices shall be effective upon the date of receipt.
Page 5 of 5 Pages
(Exhibit SR-B - Standard Terms and Conditions)
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,,'
This is EXHIBIT SR-C, consisting of I page, referred to in and
part of the Agreement between OWNER and ENGINEER
for Study and Report Phase Professional Services dated
,2002.
Initial:
OWNER
ENGINEER H4S
Reimbursable Expenses Schedule
Reimbursable Expenses are subject to annual review and adjustment. Reimbursable expense rates in effect.on the date
of the Agreement are:
8"xII" Copies
11 "xI7" Copies
Report Bindings
XeroxIBlue Paper Prints
Mylar Prints
Oversize Color Plots
Exhibit Display
Mileage (auto)
Meals
FEMA Backup Data
$0. IO/page
$O.I5/page
$30.00/report
$2.00/print
$I2.00/print
$20.00/plot
$50.00/display
$O.3I/mile
$25.00/day
$400/request
Page I of I Page
(Exhibit SR-C - Reimbursable Expenses Schedule)
l
,"
This is EXHIBIT SR-D, consisting of 1 page, referred to in
and part of the Agreement between OWNER and
ENGINEER for Study and Report Phase Professional
Services dated ,2002.
Initial:
OWNER
ENGINEER MI4!/
Standard Hourly Rates Schedule
Standard Hourly Rates are subject to annual review and adjustment. Hourly rates for services in effect on the date of
the Agreement are:
Principal Engineer $150.00/hour
Senior Engineer $ 125.00/hour
Project Engineer $95.00/hour
Assistant Engineer $80.00/hour
Senior Technician $80.00/hour
Technician $75.00/hour
CADD Operator $65.00/hour
Clerical $49.00/hour
Page 1 of 1 Page
(Exhibit SR-D - Standard Hourly Rates Schedule)
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF MEETING
Notice is hereby gIven that a Regular Meeting of the Board of Directors of the
Reinvestment Zone Number One, City of La Porte will be beginning at 6:30 P.M on the 15th day
of May, 2002, in the City Hall Council Chambers, 604 W. Fairmont, La Porte, Texas. This
meeting is open to the public, to consider, discuss and adopt such orders, resolutions or motions,
and take direct or indirect actions as may be necessary, convenient, or desirable with respect to the
matters listed on the attached agenda. A copy of the agenda for said meeting, showing the subjects
of such meeting, is attached hereto.
I hereby certify that I posted this Notice on the bulletin board located at a place convenient
to the public in the City Hall of the City of La Porte, at 5 :00 P.M. on the 10th day of May, 2001,
and that (1) said Notice was posted for at least 72 hours preceding the scheduled time of the
meeting.
Witness my hand and the Seal of the City of La Porte, Texas, this the 10th day of May,
2002.
CITY OF LA PORTE
.......,"-
~
~o..JLht\~
Martha:J?:;, TRMC
City Secretary
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" .........,................-