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HomeMy WebLinkAbout03-26-03 La Porte Redevelopment Authority Meeting minutes AGENDA ITEM 2: ACKNOWLEDGE APPOINTMENTSINEW APPOINTMENTS Council approved an ordinance (2003-2652) appointing/re-appointing the following members to the TIRZ Board and the La Porte Redevelopment Authority: . Position I . Position 3 . Position 5 . Position 7 Peggy Antone Alton Porter Norman S. Cook Dr. Molly Helmlinger (Newly Appointed by LPISD) 2-Year Term 2-Year Term 2-Year Term 2- Year Term ORDINANCE NO. 2003-2652 AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE, PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the city of La Porte hereby makes the following appointments to the Board of Adjustment, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Sidney Grant 2005 position 2 Bob Capen 2005 position 3 Rod Rothermel 2005 position 4 Charles Schoppe 2005 position 5 George (Bill) w. Maltsberger 2005 Alternate 1 Barbara Norwine 2004 Alternate 2 Bernard Legrand 2004 section 2. The city Council of the city of La Porte hereby makes the following appointments to the Fire Code Review Committee of the City of La Porte, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: District 2 Richard Browder 2006 District 3 Torn Hayes 2006 District 4 Floyd Craft 2006 District 5 (No Appointment) 2006 At Large-A Bryan Moore 2006 Mayor Sam Brechtel 2006 Section 3. The city council of the city of La Porte hereby appoints the following named persons, all of whom are residents of the City of La Porte, and no more than four of whom are elected city officials or city employees, to serve as directors of the city of La Porte Development Corporation without compensation, but with reimbursement for actual expenses, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chuck Engelken, Jr. 2005 Peter E. Griffiths 2005 Edward Matuszak 2005 Deborah Johnson 2005 section 4. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Area Water Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 George Roy 2005 position 2 (No Appointment) 2005 position 3 Steve Valerius 2005 section s. The city Council of the City of La Porte hereby makes the following appointments to the City of La Porte Planning and Zoning Commission, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chairman District 2 Betty Waters Nick Barrera 2006 2006 2 District 3 Kirby Linscombe 2006 District 4 Dottie Kaminiski 2004 District 5 Paul Berner 2004 Section 6. The city Council of the city of La Porte hereby makes the following appointments to the Airport Advisory Board for the city of La Porte Municipal Airport, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 3 Hector Villarreal 2006 position 4 Tucker Grant 2006 section 7. The City council of the City of La Porte hereby makes the following appointments to the La Porte Health Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Health Authority Abdul R. Moosa, M.D. 2005 Alternate Robert D. Johnston, M.D. 2005 Section 8. The city council of the City of La Porte hereby makes the following appointments to the Southeast Texas Housing Finance Corporation Board of Directors, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Director patricia Muston 2006 Section 9. The City Council of the City of La Porte hereby makes the following appointments to the Board of Directors of the City of La Porte Reinvestment Zone Number One, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: 3 position 1 Peggy Antone 2005 position 3 Alton Porter (Chairman) 2005 position 5 Norman Cook 2005 The City Council of the city of La Porte hereby ratifies the following appointments by La Porte Independent School District and Harris County: position 7 Mollie Helmlinger (LPISD) 2005 position 9 (No Appointment) (Harris County) 2005 Section 10. The city Council of the city of La Porte hereby makes the following appointments to the La Porte Redevelopment Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Peggy Antone 2005 Alton Porter 2005 Norman Cook 2005 Mollie Helmlinger 2005 (No Appointment) 2005 If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. position 3 position 5 position 7 position 9 Section 11. 4 section 12. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 13. The City council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code i and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 14. This Ordinance shall be effective from and after its passage and approval, except for appointments to the Planning & Zoning Commission and the Board of Adjustment, which shall be effective September I, 2003, and it is so ordered. PASSED AND APPROVED, this 25th day of August, 2003. CITY OF LA PORTE By: Norman L. Malone, Mayor ATTEST: Martha A. Gillett, City Secretary APPROVED: Knox W. Askins, City Attorney 5 MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL August 25, 2003 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilmembers Peter Griffiths, Howard Ebow, Bruce Meismer, James Warren, Charlie Young, Mike Mosteit, Barry Beasley and Norman Malone Councilmember Chuck Engelken arrived at 6:25 p.m. Members of Council Absent: None Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Assistant City Manager John Joerns, City Manager's Administrative Assistant Crystal Scott, Emergency Services Joe Sease, Assistant City Attorney Clark Askins, City Secretary Martha Gillett, Police Chief Richard Reff, Finance Director Cynthia Alexander, Finance Assistant Director Michael Dolby, Public Works Assistant Director Buddy Jacobs, Special Services Superintendent Karen Beerman, Parks and Recreation Director Stephen Barr, Purchasing Manager Susan Kelley, Golf Pro Alex Osmond and Assistant City Secretary Sharon Harris Others Present: Delia Claus, Spero Pomonis, Sue Gale Mock Kooken, Carol Christian of "The Houston Chronicle This Week", Nick Barrera, Dave Turnquist, Charlie Doug Boyle, Betty Waters, Leon Waters, Cheryl Thomas, Colleen Hicks, Bill Scott, Ann Hayes, Roy Myers, Michelle DeBusk, Robyn Compton, Melissa Montehegro, Daniel Castanon, David Guerrero, Walter Cantrell, Krystal Hayman, Corey Krampen, Brandon Weaver, Beth Rickert, Susan Hoots, LP Junior High Coach Principal David Pirtle, Boy Scout Troop 737 and a number of citizens and scouts. 2. Councilmember Ebow delivered the invocation. 3. Mayor Malone led the Pledge of Allegiance. 4. PRESENT A TIONS/PROCLAMA TIONS Mayor Malone presented Cheryl Thomas, a member of the Board of Trustees, Texas Gulf Coast Chapter, The Leukemia & Lymphoma Society, a proclamation for the Leukemia & Lymphoma Awareness Month. Mayor Malone presented Brandon James Weaver, a student from La Porte Junior High School, with a "Brandon James Weaver Day" proclamation. Joining Brandon were Beth Rickert, Susan Hoots and Principal David Pirtle. Mayor Malone presented Clark Askins with a Certificate of Appreciation for his devoted and invaluable service rendered to the City of La Porte. 5. CONSENT AGENDA A. Council to consider approval or other action of the Minutes of the Regular Meeting, Public Hearing and Workshop Meeting held August 11, 2003. City Council Regular Meeting and Workshop Meeting - August 25, 20u3 - Page 2 B. Council to consider approval or other action of the Budget Workshop Meetings held August 18 and 19,2003. C. Council to consider awarding a bid for the Annual Supply of Street Materials as presented by Purchasing Manger Susan Kelley and Public Works Assistant Director Buddy Jacobs. D. Council to consider awarding a bid for concessions at Bay Forest Golf Course as presented by Golf Pro Alex Osmond. E. Council to consider approval of an Interlocal Agreement with Harris County to provide fencing for the proposed Sylvan Beach Skateboard Park as presented by Parks and Recreation Director Stephen Barr. Motion was made by Councilmember James Warren to vote and approve on all items of the Consent Agenda simultaneously and discuss Item E. Second by Peter Griffiths. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone Nays: None Abstain: None 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISIllNG TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA Barbara Norwine - unable to attend the meeting due to a death in the family. Bill Scott - 1802 Lomax School Road - La Porte, Texas - informed City Council of poor drainage in the ditch in front of their home (4 feet deep, 450 feet long); further alleging his neighbor has an illegal culvert plugged with silt. The City informed Mr. Scott to leave the culvert plugged and dig the ditch in front of their property deeper. After complaining, a small portion was backfilled trying to change the drainage; claiming they left the culvert plugged due to the County ditch also being silted. The City should be working with the County to unplug the ditch, not using it as an excuse. Mr. Scott questioned what the City is going to do about illegal fill dirt on the Blackwell's property. 7. Council to consider approving a resolution nominating Bill Harry as candidate for a position on the Board of Directors of the Harris County Appraisal District. Mayor Malone gave the summary and recommendation and answered Council's questions. Assistant City Attorney read: RESOLUTION 2003-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT. Motion was made by Councilmember Beasley to approve Resolution 2003-23 as presented by Mayor Malone. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone Nays: None Abstain: None City Council Regular Meeth.l6 and Workshop Meeting - August 25, 2vvJ - Page 3 8. Council to consider approving an ordinance authorizing an agreement between the City and Bayou Housing Partners to construct a model home at 330 N. 5th Street. City Planner Gwen Goodwin gave the summary and recommendations and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2649 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BAYOU HOUSING PARTNERS, INC. FOR CONSTRUCTION OF A MODEL HOME AT 330 N. 5TH STREET, ALSO DESCRIBED AS LOTS 1 & 2 OF BLOCK 80, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $90,500.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Warren to approve Ordinance 2003-2649 as presented by Ms. Goodwin. Second by Councilmember Young. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone Nays: None Abstain: None 9. Council to consider approving an ordinance authorizing the City Manager to execute a contract with the Port of Houston for Emergency Medical Services. Director of Emergency Services Joe Sease gave the summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2650 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Ebow to approve Ordinance 2003-2650 as presented by Mr. Sease. Second by Councilmember Young. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone Nays: None Abstain: None 10. Council to consider approving an Ordinance authorizing the City Manager to execute a contract with the Port of Houston for Secondary Fire Protective Services. Director of Emergency Services Joe Sease gave the summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2651 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY, FOR PROVIDING SECONDARY FIRE SUPPRESSION SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE City Council Regular Meeting and Workshop Meeting - August 25, 200", - Page 4 SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Beasley to approve Ordinance 2003-2650 as presented by Mr. Sease. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone Nays: None Abstain: None 11. Council to consider approving Ordinance 1 OOO-l-N to allow a new applicant to sell beer and/or wine at the Happy Cajun Restaurant. City Secretary Martha Gillett gave the summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 1000-1-N - AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion was made by Councilmember Meismer to approve Ordinance 1000-1-N as presented by Ms. Gillett. Second by Councilmember Engelken. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone Nays: None Abstain: None 12. Council to consider approving an ordinance appointing members to various boards and comrmSSlOns. Mayor Norman Malone gave the summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2652 - AN ORDINANCE APPOINTING MEMBERS TO V ARlOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE, PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Meismer to approve Ordinance 2003-2652 as presented by Mayor Malone. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone Nays: None Abstain: None 13. Council to consider approval of the recommended date of September 8, 2003 for the Public Hearing on the City's FY 2003-2004 Proposed Budget. City Council Regular Meeting and Workshop Meeting - August 25, 211vJ - Page 5 Director of Finance Cynthia Alexander gave the summary and recommendation and answered Council's questions. Motion was made by Councilmember Griffiths to approve the date of September 8. 2003. for the Public Hearing on the City's FY 2003-2004 Proposed Budget as presented by Ms. Alexander. Second by Councilmember Ebow. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone Nays: None Abstain: None 14. WORKSHOP The Regular Meeting closed and the Workshop Meeting opened at 6:37 p.m. A. Special Services Superintendent Karen Beerman discussed senior meals and the August menu. B. Mayor Malone discussed appointments of outstanding boards and commissions vacancies and possible new appointments. C. Martha Gillett discussed the Christmas Tree Lighting Ceremony. The Workshop closed and the Regular Meeting reconvened at 7:00 p.m. 15. ADMINISTRATIVE REPORTS City Manager Debra Feazelle announced City offices will be closed Monday, September 1, 2003, in observance of Labor Day. Ms. Feazelle stated the Legislative Wrap-Up Breakfast will be held Wednesday, September 10, 2003, at the Hobby Hilton Hotel at 7:30 a.m. Ms. Feazelle stated the 6th Annual Health and Safety Fair will be held Saturday, September 13, 2003, at La Porte High School from 9:30 a.m. until 2:30 p.m. Ms. Feazelle stated the City Health and Benefits Fair for employees will be held Friday, September 19,2003, at the La Porte Recreation and Fitness Center from 9:00 a.m. until 4:00 p.m. Ms. Feazelle asked Administrative Assistant Crystal Scott to give an overview of the Youth Council Program. 16. COUNCIL COMMENTS Councilmembers Engelken, Ebow, Meismer, Malone, Mosteit, Warren, Griffiths, Beasley and Young had comments. 17. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS GOVERNMENT CODE, (CONSULTATION WITH A TTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELmERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN City Council Regular Meeti..~ and Workshop Meeting - August 25, 2",,3 - Page 6 INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. 551.074 - PERSONNEL MATTER MEET WITH CITY SECRETARY ON ANNUAL PERFORMANCE EVALUATION. MEET WITH CITY MANAGER ON GOALS. Council retired into Executive Session at 7:30 p.m. Council reconvened the Council Meeting at 8:38 p.m. 18. CONSIDERATIONS AND POSSffiLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken during Executive Session. 12. RECONSIDERATION OF ITEM 12 City Manager Debra Feazelle brought to Council's attention the advice oflegal counsel to reconsider Item Number 12, amending Section 14. Section 14 reads - This Ordinance shall be effective from and after its passage and approval, and it is so ordered, and takes effect immediately. The amendment that needs to be included after approval is an exception, this is what the motion needs to be; with exception of Planning and Zoning and the Zoning Board of Adjustments appointments, these effective dates shall be September 1, 2003. Again, for the record, this is because Planning and Zoning and the Zoning Board of Adjustments already have meetings posted and scheduled. Motion was made bv Councilmember Warren to approve the amendment of Section 14 of Ordinance 2003-2652. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, Beasley and Malone Nays: None Abstain: None 19. There being no further business to come before Council, the Regular Meeting and Workshop Meeting was duly adjourned at 8:40 p.m. Respectfully submitted, ~ab(),t(~ Martha Gillett City Secretary Passed and approved on this 8th day of September 2003 ~/~~- .I' J~an Malone, Mayor AGENDA ITEM 3: ELECTION OF OFFICERS On August 25, 2003, Council approved Ordinance 2003-2652, appointing members to the TIRZ Board and the La Porte Redevelopment Authority. The Mayor appoints the position of Chairman/President. The TIRZ Board and the La Porte Redevelopment Authority elects the other positions. The following is a list of board members and current officers for the Redevelopment Authority: : Peggy Antone Paul Larson Alton Porter Horace Leopard Norman S. Cook Lindsey Pfeiffer Molly Helmlinger Chester Pool John Black Position 1 Position 2 Position 3 Position 4 Position 5 Position 6 Position 7 Position 8 Position 9 Secretary/Treasurer Chairperson/President (Appointed by Mayor) Vice ChairpersonlVice President The following is a list of board members and current officers for the TIRZ: Peggy Antone Paul Larson Alton Porter Horace Leopard Norman S. Cook Lindsey Pfeiffer Molly Helmlinger Chester Pool John Black Position 1 Position 2 Position 3 Position 4 Position 5 Position 6 Position 7 Position 8 Position 9 Secretary Chairperson (Appointed by Mayor) Vice Chairperson AGENDA ITEM 4: APPROVE MINUTES OF THE MARCH 26, 2003 MEETING La Porte Redevelopment Authority City of La Porte, Texas Minutes of the Board Meeting Held March 26, 2003 1. CALL TO ORDER AND DETERMINATION OF A QUORUM The Board of Directors of the La Porte Redevelopment Authority, City of La Porte, Texas, held a meeting, open to the public, on the 26th day of March 2003, 6:30 p.m. 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 - Chairman Position 4 Position 5 Position 6 Position 7 Position 8 Position 9 and all of the above were present except Directors Pfeiffer, Webb, Pool and Black, thus constituting a quorum. Also present at the meeting were Debra Feazelle, John Joerns, David Hawes, Melvin Spinks, John Conquest, Joe Fogarty and M. 1. Reddy. 2. ApPROVE MINUTES OF THE MEETING HELD AUGUST 14, 2002 Upon a motion duly made by Director Cook and being seconded by Director Leopard, the board unanimously approved the minutes of the meeting held August 14,2002. 3. PRESENT A TION OF DRAFT TAYLOR BA YOU WATERSHED MASTER DRAINAGE PLAN John Joerns gave the board an overview of the process used to develop the master watershed plan for Taylor Bayou. Melvin Spinks reviewed the conceptual plan and the report submitted to the city with regard to property located within the TIRZ. The primary focus of the report dealt with the drainage and detention needs of developable land within the TIRZ. The report outlines what is needed to affect development without impacting downstream as well as upstream flooding. The report showed that 72% of the land was available for development. Cost estimates were presented in the report. 4. PRESENT A TION AND DISCUSSION OF PROPOSED RESIDENTIAL DEVELOPMENT IN LA PORTE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE Mr. Joe Fogarty gave the board a presentation with regard to his proposed development within the TIRZ. Mr. Fogarty reviewed the drainage issues, mobility issues, landscaping !berms on State Highway 146, and the quality of the residential development. There were questions from the board with regard to ingress and egress related to the project and there was discussion with regard to the zoning. 5. OTHER MATTERS WHICH MAY PROPERLY BECOME BEFORE THE BOARD No other matters came before the board. 6. ADJOURNMENT Upon a motion duly made by Director Larson and being seconded by Director Cook the board unanimously approved the motion to adjourn at 8:04 PM. SIGNED: ~l~~ TITLE: tJ, (l,U f'tr"CtJ\ DATE: If) ----1----03 ATTEST: TITLE: DATE: /!)~/-03 AGENDA ITEM 5: AGREEMENT BETWEEN THE CITY, TIRZ AND REDEVELOPJ.\tIENT AUTHORITY On August 14, 2002 the La Porte Redevelopment Authority and TIRZ approved an agreement for services by and between the City, TIRZ and Redevelopment Authority. Prior to this date, on May 20, 2002, Council passed and approved Ordinance 2002-2554 for this 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. 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 ofthe 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 approved the renewal of this agreement at their May 20, 2003 meeting. Weare requesting the Redevelopment Authority and TIRZ Board to approve the renewal of this agreement. AGREEMENT FOR SERVICES BY AND BET\VEEN THE CITY OF LA PORTE, TEXAS, T~X INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS AND THE LA PORTE REDEVELOPMENT AUTHORITY THIS AGREEMENT (this "AgreemenC), effective as of j-- ,~~ 0 ,2003, 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 REDEVELOP~IENT AUTHORITY, a nonprofit local government corporation organized and existing under the laws of the State of Texas (the "AUTHORITY"). RECIT ALS 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. ~ITY 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 (I) 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 .t.he State of Texas in the procurement of all supplies and materials necessary for the services provided. 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 ofan 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 --''1demnify and save harmless the AUTHORITY, its agents, servants, and employees from and against any and dllloss, 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. lfthe 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, -'ite, or Local laws arising out of the performance of the work. 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. ATTEST: c-\~ lUl tt {} _ ;{(ltf{ _,fartha A. Gillett, City Secretary LA PORTREDEVELOPMENT AUTHORITY By: ~~K~ President, Board of Directors ATTEST: ,/J / / /' ,/ /1 //) /'i~ . of DIrectors REINVESTMENT ZONE NUMBER ONE, CITY OFQ::PORTE,.. TEXAS. 'J ,,- \ -:;; _-A- By: c.... \... ~~~ Chairperson, Board of Directors -:.!~E,~,{ ///) ,///'- c'> /' ~Y'# ~ .~ Secre' f' - oard of Directors . H:Jvly Documents'Documents\TIRZ\Redevlopment Authority Agreement.doc "TIRZ Revenue Fumf' shall mean the subaccount of the Revenue Fund into which the Tax Increments are deposited by the City for the use of the Authority hereunder. "Zone" is defined in the recitals hereto, and includes any area added to the boundaries of the Zone. 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 consist of, among other things, the following: A. ~fanagement and Administrative Services and Consultants. The Authority will provide management and administrative services for the Zone and the Pill. The services without 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 Projects; 2. Provide management, fmancial and program monitoring systems for the administration of the Zone and the PID; 3. Provide any required reports to the City and the Zone concerning the administration of the Zone; 4. Subject to the terms 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 PID in all its capacities, including the services to the Zone Board when managing the Zone; 6. Provide liaison and coordination between 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; Houston:367966.2 5 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 and the City in a timely manner of any problems concerning the Zone and the PID; and 10. Provide engineering, planning, legal, financial, 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 as 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. Ta"X 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 Ta"X 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 ofTa"X Increment of each Taxing Unit which is to be paid into the Tax Increment Fund as required by the TIRZ Act. 3. Assist the City in preparing the PID Assessment rolls, noticing and conducting hearings, and collecting the prD Assessments. Houston:36i966.2 6 D. Construction ofProiects. The Authority may construct infrastructure, buy equipment and supplies, and deal in real 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. III. OBLIGATIONS OF THE AUTHORITY A. General Statement. The Authority has the authority to enter into Authority Obligations with Developers and enter into contracts with consultants and others to be paid from moneys to be paid by the City and the Zone to the Authority from Tax Increments and PID Assessments pursuant to this Agreement, and further, the Authority may issue Bonds with the consent of the City Council; provided that nothing in this Agreement shall be construed to authorize the Authority to expend any of the Tax Increment funds received pursuant to this Agreement for any costs other than Project Costs or expand PID Assessments for any cost other than costs authorized under the PID Plan. B. Power to Incur Authority Obligations. Subject to the provisions of this Article, the Authority shall have the power from time to time to issue and incur Authority Obligations and enter into contracts with consultants upon such terms and conditions as the Authority Board and the Zone Board shall determine to be necessary or desirable to implement the Plans. The Authority Obligations may be in the form of a Development Agreement with the Developer of a Development who agrees to construct, improvements or other facilities included in the Plans in exchange for the obligation of the Authority to repay the Developer for such costs from future payments made by the City and the Zone to the Authority pursuant to this Agreement. All Development Agreements shall specify which Plan pursuant to which it is entered, and shall provide that (i) the Authority will not reimburse any Developer for any Project that is determined to be an ineligible Project Cost under the TIRZ Act, or an ineligibIePID Project underthePID Act, as applicable; and (ii) the Developer shall repay the Authority for any payment made by the Authority to the Developer that is determined to be ineligible. Houston:367966.2 7 C. Approval of Bonds and Other Obligations. The Authority may issue Bonds secured by payments made pursuant to this Agreemer.t with the approval of City Council. D. Use of Tax Increments. Amounts deposited in the TIRZ Revenue Fund shall be applied in the follo\\iing order of priority (i) amounts pledged or required for the payment of outstanding Bonds secured by the TIRZ Revenue Fund, including Bonds in the process of issuance and refunding Bonds, (ii) administrative costs of the Zone and the Authority relating to the Zone, and (iii) payments of other Authority Obligations relating to the Zone. E. Use of PIO Assessments. Amounts deposited in the PID Revenue Fund shall be applied in the following order of priority (i) amounts pledged or required for the payment of outstanding Bonds secured by the PID Revenue Fund, including Bonds in the process of issuance and refunding Bonds, (ii) administrative costs of the Authority relating to the PID, and (iii) payments of other Authority Obligations relating to the PID. F. Pledge of Revenue Fund. The Authority and the Zone Board may pledge and assign all or a part of the Revenue Fund under this Agreement to: 1. with respect to the TIRZ Revenue Fund, the owners and holders of TIRZ Bonds, and DeveloperslBuilders pursuant to a Development Agreement for TIRZ Improvements. 2. with respect to the PID Revenue Fund, the owners and holders ofPID Bonds, and DeveloperslBuilders pursuant to a Development Agreement for PID Improvements. The City consents to any assignment and pledge consistent with this Agreement. The terms and conditions of the instruments assigning or pledging the proceeds to be received by the Authority pursuant to this Agreement must be approved by the City Manager. IV. DUTIES AND RESPONSIBILITIES OF THE CITY AND THE ZONE A. Tax Increment Fund. The City has established and will maintain a separate Tax Increment Fund, including subaccounts if necessary, in the City treasury into which Ta..'( Increments shall be deposited. During the term of this Agreement, Tax Increments shall be paid to the Authority from the Tax Increment Fund as herein provided. B. Special District Improvement Fund. The City V'iill establish and maintain a separate fund Special District Improvement Fund, including subaccounts if necessary, in the City treasury into which PID Assessments shall be deposited. During the term of this Agreement, PID Assessments shall be paid to the Authority from the Special District Improvement Fund as herein provided. HouSlon:36 i966.2 8 C. Limitation of Source of Pavment. The City and the Zone shall have no financial obligation to the Authority other than as provided in this Agreement or in other agreements between the City, the Zone and the Authority. The obligation of the City and the Zone to the Authority under this Agreement is limited to the Tax Increments and PID Assessments that are collected by the City. This Agreement shall create no obligation on the City or the Zone that is payable from taxes or other moneys of the City other than the Tax Increments and Pill Assessments that are collected by the City. The obligation of the City and the Zone to the Authority under this Agreement shall be subject to the rights of any of the holders of Bonds or other obligations that have heretofore or are hereafter issued by the City, the County, and any other Taxing Units that are payable from or secured by a general levy of ad valorem taxes throughout the taxing jurisdiction of the City, the County, and the other Taxing Units. ~- D. Collection and PaYment of Tax Increments bv the City and the Zone. In consideration of the services and TIRZ Projects to be provided by the Authority, the City and the Zone covenant and agree that they will, as authorized under the TIRZ Act and other applicable laws, continuously collect the Tax Increments from the Taxing Units whose participation in the Zone is reflected in the TIRZ Plan during the term of this Agreement in the manner and to the maximum extent permitted by applicable law. To the extent the City and the Zone may legally do so, the City and the Zone also covenant and agree that they 'will not permit a reduction in the Tax Increments paid by the Taxing Units except to the extent provided in the agreement v.ith the Taxing Unit executed at the time the Taxing Unit agrees to participate in the Zone. In addition, the City covenants and agrees that it will not dissolve the Authority unless the provisions of Article XVIII, Paragraph C, are met and that any repeal of the right and power to collect the Tax Increments will not be effective until all the TIRZ Bonds or other TIRZ-related Authority Obligations have been paid in full or until they are legally defeased. The City and the Zone further covenant and agree that they will make all payments as set forth in Article V below, by a direct deposit into the TIRZ Revenue Fund, without counterclaim or offset, but minus any expenses incurred by the City in connection with the collection of the Tax Increments and minus any amount retained pursuant to the provisions set forth in Article V below. E. Collection and Pavment of PID Assessments bv the City, In consideration of the services and PID Projects to be provided by the Authority, the City covenants and agrees that it will, as authorized under the Pill Act and other applicable laws, continuously collect the Pill Assessments as reflected in the PID Plan during the term of this Agreement in the manner and to the maximum extent permitted by applicable law. In addition, the City covenants and agrees that it will not dissolve the Authority and that any repeal of the right and power to collect the PID Assessments will not be effecti ve until all the PID Bonds or other PID-related Authority Obligations have been paid in full or until they are legally defeased. The City further covenants and agrees that it ,""ill make all payments as set forth in Article V below, by a direct deposit into the PID Revenue Fund, without counterclaim or offset, but minus any expenses incurred by the City in connection with the collection of the PID Assessments, and minus any amount retained pursuant to the provisions set forth in Article V below. HOWlon:367966.2 9 F. Obligations of City and the Zone to be Absolute. The obligation of the City and the Zone to make the payments set forth in this Agreement shall be absolute and unconditional, and until such time as this Agreement, Bonds, and the contractual obligations of the Authority incurred pursuant to this Agreement have been fully paid or provision for payment thereof shall have been made in accordance with their terms (or, with respect to the Tax Increments, the date of expiration of the Zone, if earlier), the City and the Zone MIl not suspend or discontinue any payments provided for in this Agreement and will not terminate this Agreement for any cause, including, without limiting the generality of the foregoing, the failure of the Authority to perform and observe any agreement, whether express or implied, or any duty, liability, or obligation arising out of or connected with this Agreement except as provided in Article XVII. Nothing contained in this section shall be construed to release the Authority from performance of any of the agreements on its part contained in this Agreement, and in the event the Authority shall fail to perform any such agreement on its part, the City may institute such action against the Authority as the City may deem necessary to compel performance so long as this action does not abrogate the obligations of the City and the Zone to make the payments set forth in this Agreement to pay the Bonds of the Authority or to meet its Authority Obligations to Developers. V. CITY P A YlVIENT TO AUTHORITY A. TIRZ Pavments. The City, on behalf of itself and the Zone, will pay the Authority, not later than the fifth business day of each calendar quarter during the term of this Agreement, all monies then available in the Ta'\ Increment Fund, subject to the retention by the City of (i) an amount equal to the City's direct administrative costs connected with the Zone and the TIRZ Plan, not to exceed five percent of the amount available in the Tax Increment Fund; and (ii) the School District Educational Facilities Costs, if applicable. The Authority shall deposit the payments received pursuant to this Section into the TIRZ Revenue Fund and use the monies in the TIRZ Revenue Fund for payment of its TIRZ-related costs, its obligations to the holders of its TIRZ Bonds, its obligations to Developers pursuant to a TIRZ Development Agreement, or its other contractual obligations. The obligation to make these payments shall survive a termination of this Agreement as provided by Article XVII hereof. B. rID Pavrnents. The City will pay the Authority, not later than the first business day of each calendar quarter during the term of this Agreement, all monies then available in the Special District Improvement Fund, subject to the retention by the City of an amount equal to the City's direct administrative costs connected with the PID and the PID Plan, not to exceed five percent of the amount available in the Special District Improvement Fund. The Authority shall deposit the payments received pursuant to this Section into the PID Revenue Fund and use the monies in the PID Revenue Fund for payment of its PID-related costs, its obligations to the holders of its PID Bonds, its obligations to Developers pursuant to a PID Development Agreement, or its other contractual - obligations. The obligation to make these payments shall survive a termination of this Agreement as provided by Article XVII hereof. HOUSlon:367966.2 10 MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL MAY 12, 2003 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilmembers Peter Griffiths, Howard Ebow, Chuck Engelken, Bruce Meismer, James Warren, Charlie Young, Barry Beasley and Norman Malone Members of Council Absent: Mike Mosteit Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Director of Emergency Services Joe Sease, Assistant City Attorney Clark Askins, Assistant City Manager John Joerns, City Secretary Martha Gillett, Director of Public Works Steve Gillett, Police Chief Richard Reff, Assistant Police Chief Aaron Corrales, Lieutenant Carl Crisp, Auxiliary Services Lieutenant Ron Parker, Assistant Director of Finance Mike Dolby, Budget Investment Officer Shelley Wolny, Tax Manager Kathy Powell, Purchasing Manager Susan Kelley, City Planner Gwen Goodwin, Judge Louie Ditta, Judge Denise Mitrano and Director of Administrative Services Carol Buttler Others Present: Sue Gale Mock Kooken, Spero Pornonis, Barbara Norwine, David Turnquist, Cassidy Smith, Crissy Stanley, Brandon Bunch, Guilleemo Chavana, Joel Alegria, David Addison, Rhonda Young, Vanesa Zapata, Charles Underwood, Deontra Warren, Wes Smalling and Colleen Hicks 2. Mayor Malone delivered the invocation. 3. Mayor Malone led the Pledge of Allegiance. 4. Council to consider approval or other action of the Minutes of the Regular Meeting and Workshop Meeting held on April 28, 2003. Motion was made bv Councilmember Engelken to approve the Minutes of the Regular Meeting and Workshop Meeting held on April 28. 2003. Second by Councilmember Warren. The motion carried. Ayes: Engelken, Meismer, Warren, Young, Beasley and Malone Nays: None Abstain: Ebow, Griffiths 5. PRESENTATIONS A. Mayor Malone read a letter of appreciation from Susan H. Garman, Associate Director (Management) of NASA, for La Porte honoring the STS-I07 crew of the Space Shuttle Columbia and proclaiming February 10,2003 as Space Shuttle Columbia Day. B. Mayor Malone presented a proclamation to the Police Department in honor of National Police Week. City Council Meeting - . .y 12, 2003 Page 2 C. Certificates of Appreciation were presented to Municipal Judges Louie Ditta and Denise Mitrano. D. A Certificate of Distinction for Investment Policy was presented to the Finance Department. E. Assistant Director of Finance Michael Dolby presented "A Single Audit Report" by Null-Lairson to Council. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS CITY COUNCIL Barbara Norwine of 202 S. Lobit, La Porte, Texas, does not agree with the cost for the "Welcome to La Porte" signs; MS.Norwine prefers the funds be designated for needy citizens and/or to improve City streets. 7. Oaths of Office were administered to Norman L. Malone, Chuck Engleken, Jr. and Howard Ebow by Judge Louie Ditta. 8. Council to consider approval or other action regarding an ordinance appointing a member of the City of La Porte City Council to serve as Mayor Pro-Tern. Assistant City Attorney Clark Askins presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2629 - AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO- TEM OF THE CITY OF LA PORTE, FOR THE PERIOD MAY 12, 2003, THROUGH MAY 12, 2004, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Griffiths sent Mayor Malone an email stating interest in serving as the next Mayor Pro-Tern; Councilmember Young nominated Mr. Griffiths. Councilmember Meismer nominated Counci1member Engelken for Mayor Pro-Tern. Mr. Engelken stated he has been Mayor Pro-Tern twice in six years; Mr. Engelken preferred making a motion to appoint Mr. Griffiths, by acclamation, to serve as Mayor Pro-Tern. Motion was made. by acclamation. by Councilmember Engelken to approve Ordinance 2003-2629. appointing Peter Griffiths as Mayor Pro-Tern. as presented by Assistant City Attorney Clark Askins. Second by Councilmember Meismer. The motion carried. Ayes: Ebow, Griffiths, Engelken, Meismer, Warren, Young, Beasley and Malone Nays: None Abstain: None 9. Proposed Ordinance 2003-2630 reappointing a judge and an alternate judge of the City of La Porte Municipal Court was not acted upon by City Council. This item will be brought back to City Council at a later date. 10. Council to consider approval or other action approving resolution declaring intention to reimburse certain expenditures with borrowing proceeds in connection with the design, planning, acquisition, construction, equipping, and/or renovating the project or facilities described as the Bay Area Boulevard Paving, Drainage and Utility Installation project. City Council Meeting -1\'1.-1 12, 2003 Page 3 Assistant Director of Finance Michael Dolby presented summary and recommendation and answered Council's questions. Assistant City Attorney read: RESOLUTION 2003-12 - RESOLUTION DECLARlNG INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS. Motion was made by Councilmember Warren to approve Resolution 2003-12 as presented by Mr. Dolby. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Meismer, Warren, Young, Beasley, Ebow, Griffiths and Malone Nays: None Abstain: None 11. Council to consider approval or other action approving resolution declaring intention to reimburse certain expenditures with borrowing proceeds in connection with the design, planning, acquisition, construction, equipping, and/or renovating the project or facilities described as the Canada Road Paving, Drainage and Utility Installation project. Assistant Director of Finance Michael Dolby presented summary and recommendation and answered Council's questions. Assistant City Attorney read: RESOLUTION 2003-13 - RESOLUTION DECLARlNG INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS. Motion was made by Councilmember Griffms to approve Resolution 2003-13 as presented by Mr. Dolby. Second by Councilmember Engelken. The motion carried. Ayes: Ebow, Griffiths, Engelken, Meismer, Warren, Young, Beasley and Malone Nays: None Abstain: None 12. Council considered approval or other action approving an ordinance to increase attorney compensation to 20% and to amend agreement for the Collection of Delinquent Taxes. Assistant Director of Finance Michael Dolby presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2003-2631 - AN ORDlNANCE PROVIDING FOR A PENALTY TO DEFRAY COSTS OF COLLECTlNG DELINQUENT PROPERTY TAXES PURSUANT TO TEXAS TAX CODE SECTIONS 33.07 AND 33.08. Motion was made by Councilmember Engelken to approve Ordinance 2003-2631 as presented by Mr. Dolby. Second by Councilmember Young. The motion carried. Ayes: Ebow, Griffiths, Engelken, Meismer, Warren, Young, Beasley and Malone Nays: None Abstain: None 13. Council considered approval or other action for an ordinance authorizing an agreement between the City and America's Estate Properties, Inc. to construct house(s). City Council Meeting - . ..y 12, 2003 Page 4 City Planner Gwen Goodwin presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2632 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND AMERICA'S ESTATE PROPERTIES, INe. FOR CONSTRUCTION OF A MODEL HOME AT 330 N. 5TH STREET, ALSO DESCRIBED AS LOTS 1 & 2 OF BLOCK 80, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $92,450.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Warren to approve Ordinance 2003-2632 as presented by Ms. Goodwin. Second by Councilmember Beasley. The motion carried. Ayes: Ebow, Griffiths, Engelken, Meismer, Warren, Young, Beasley and Malone Nays: None Abstain: None 14. Council considered approval or other action for an ordinance authorizing an agreement between the City and Bayou Housing Partners to construct house(s). City Planner Gwen Goodwin presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2633- AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BAYOU HOUSING PARTNERS CONSTRUCTION OF A MODEL HOME ON N. 7TH STREET, MORE SPECIFICALLY DESCRIBED AS LOTS 29 AND 30 OF BLOCK 77, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $84,000.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilmember Meismer to approve Ordinance 2003-2633 as presented bv Ms. Goodwin. Second by Councilmember Young. The motion carried. Ayes: Ebow, Griffiths, Engelken, Meismer, Warren, Young, Beasley and Malone Nays: None Abstain: None 15. Council considered approval or other action to adopt an ordinance establishing a Pilot Youth Summer Employment Program and authorizing the City Manager to expend estimated funds from the General Fund Contingency Account for the program's operation. Director of Administration Carol Buttler presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2634- AN ORDINANCE APPROVING AND AUTHORIZING THE ESTABLISHMENT OF A paOT YOUTH SUMMER City Council Meeting -1\.....j 12, 2003 Page 5 EMPLOYMENT PROGRAM FOR THE CITY OF LA PORTE EFFECTIVE MAY 12, 2003; APPROPRIATING FUNDS FROM THE GENERAL FUND CONTINGENCY ACCOUNT, TO FUND SAID PROGRAM; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Beasley to approve Ordinance 2003-2634 approving $30.000.00 and to leave discretion to Staff on the number of students to employ and the amount to pay as presented by Ms. Buttler. Second by Councilmember Warren. The motion carried. Ayes: Ebow, Griffiths, Engelken, Warren, Young, Beasley and Malone Nays: Meismer Abstain: None G Council considered approval for renewal of an 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. Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Ebow to approve the agreement as presented by Mr. Joerns. Second by Councilmember Griffiths. The motion carried. Ayes: Ebow, Griffiths, Engelken, Meismer, Warren, Young, Beasley and Malone Nays: None Abstain: None 17. Council considered a Consent Agenda as follows: a. Consider consent to award annual contract for Fly Ash Stabilized Calcium Sulfate (GS- 200) to Gulf States Materials at an annual estimated cost of $34,375.00. b. Consider awarding annual contract for Flexible Base Crushed Limestone to Vulcan/ICA Distributing Company at an annual estimated cost of $27,585.00. c. Consider awarding annual contract for Concrete Pavement Raising to Concrete Raising Corporation at an annual estimated cost of$30,000.00. d. Consider approving a contract with Sealy Paving, Inc. in the amount of $53,502.00 and further authorizing $2,675.10 (5%) contingency to facilitate construction. 18. Administrative Reports City Manager Debra Feazelle thanked Council for their participation in recognizing "Public Service Recognition Week". 19. Councilmembers Young, Warren, Beasley, Engelken, Meismer, Ebow and Griffiths had comments. AGENDA ITEM 6: 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. 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'"'"' '-' ,-.. o V\ "l ..... ..... l""\ '-' '1" '" 00" ..... '1" '" 00" ,-.. o V\ "l '"'"' '-' ,-.. o V\ "l l""\ '-' --- '" Q,l '" = '-' '" Q,l ... .. = Q CI.l Cil = "u = o:l = ~ .. Q,l .c: o -; .... Q Eo< OIl c .<3 c o:l c t;:: ... o ..c '0 "0 C o:l '" o :::s c o ;> o ... ....... o en en o U >< III o N '" C'I" N N ..... C'I '1"" N --- 00 o r- '1"" '-' '" '" C'I" V\ '" ..... '" N" C'I '" o V\ '1"" '"'"' '"'"' '" en <1) en ::l OIl C .<3 c o:S c t;:: ... o ..c (5 "0 C o:S '" o ... .a ;e c o 0.. >< o ... o ;> o en o U ... ::l o en ... o:S o >> ....... o OIl c .2 c .01 o .c en" o U C o:S 0;; .c "0 c ::l ~ o N '" C'I" N V) ..... C'I "1- V\ .- .- V\ o V\ 0" '1" Y) ..... C'I V\ V\" V\ 00 00 0" .- ..... V} '" '" C'I" V\ V} l""\ C'I "," V\ "'" C'I N V\ C'I" '1" l""\ N Y) ..... .- C'I "," V\ "'" l""\ '" ..... 0" C'I N N" Y) ... o:S o >> ....... o "0 C o en" o U C o:S o;j .c "0 c ::l ~ AGENDA ITEM 7: ACTIVITY REPORT FOR 2002 TAX YEAR Calculation of the amount of taxes due the Tax Increment Reinvestment Zone #1 by the La Porte Independent School District. Calculation of the amount of taxes due the Tax Increment Reinvestment Zone #1 by the City of La Porte. Note regarding the Harris County contribution: The City's (TIRZ) audit, when examining the Harris County contribution, discovered differences between the City's and County's coding of accounts that are within the boundaries of the TIRZ. The City looked at a printout and map obtained from HCAD and noted that Harris County included lands not in the TIRZ and a few parcels not included which should be. The City provided Harris County our account co dings and HCAD maps delineating the correct boundaries. After their review Harris County responded that they had overpaid by $8,566 last year (2001). This year's payment is only $2,725 - which leaves the Harris County contributions to the La Porte TIRZ with a negative balance of$5,841. This balance will just carry over into future years. The City is expecting some official correspondence from Harris County verifying the overpayment. La Porte Tax Office City of La Porte * La Porte ISD * City of Morgan 's Point * City of Shoreacres April 11,2003 Mr. David Webb, Chief Financial Officer La Porte Independent School District 1002 San Jacinto St La Porte, TX 77571 Mr. Webb: In accordance with the Reinvestment Zone Number One inter-local agreement, the City of La Porte has calculated the amount of LPISD increment. The 2002 tax year increment is $14,145.95. Please remit this amount to the City of La Porte. We will place $7,463.51 into the Tax Increment Reinvestment Zone operating account, and upon receipt of payment, we will remit to you $6,682.44 for educational facilities. Sincerely, Cynthia B. Alexander Director of Finance Cc: Michael Dolby, Assistant Finance Director Kathy Powell, Tax Manager P.O. Box 1849 · La Porte, Texas 77572.1849 · (281) 471.5020 Calculation of the Amount of Taxes Due the Tax Increment Reinvestment Zone # 1, La Porte, TX By the La Porte ISO For the 2002 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) '8 $124,610.36 $26,590.67 $0.0168 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 $124,610.36 $26,590.67 $98,019.69 $124,610.36 78.66% 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 $124,610.36 $0.0168 7,417,283 6,346,840 1,070,443 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 1,070,443 $0.0168 $17,983.45 78.66% $14,145.95 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 penny of Tax Rate d Times rate for General TIRZ Projects (.0086 per contract) e Difference is rate for Education Facilities Projects $14,145.95 $0.0168 $86.78 $7,463.51 $6,682.44 Calculation of the Amount of Taxes Due the Tax Increment Reinvestment Zone # 1, La Porte, TX By the City of La Porte For the 2002 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) $52,920.94 $11,423.07 $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 $52,920.94 $11,423.07 $41,497.87 $52,920.94 78.41 % 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 $52,920.94 $0.0071 7,453,654 6,362,980 1,090,674 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 1,090,674 $0.0071 $7,743.78 78.41 % $6,072.27 John: Page 1 of2 Lanclos, Melisa From: Joerns, John Sent: Friday, September 26, 2003 2:50 PM To: Lanclos, Melisa Subject: FW: La Porte TIRZ payment in 2003 for tax year 2002 Melisa, let's mail to members, ex-offici os and David Hawes. It is additional back up for Redevelopment Authority Agenda- item 7-Thanks-JJ -----Original Message----- From: Powell, Nancy (Budget Office) [mailto:Nancy_Powell@itc.co.harris.tx.us] Sent: Friday, September 26, 2003 2:37 PM To: 'JoernsJ@ci.la-porte.tx.us' Cc: Turkel, David (OHED) Subject: La Porte TIRZ payment in 2003 for tax year 2002 John: Attached is a two-page workbook, prepared by Dilshad Kasmani of the Harris County Tax Assessor's Office, which presents the basis for the 2002 tax year calculations for the La Porte TIRZ payments due to/from Harris County. The first page of the workbook, labeled "2002 LaPorte," presents the basis for the payment amounts last year and this year, and the second page is a summary table. As you brought to our attention, an audit showed that Harris County overpaid last year, by virtue of having incorrectly included some tracts that should not have been included in our increment payment calculation. In August 2003, while determining the amount of increment payment potentially due to the LaPorte TIRZ for tax year 2002, the Tax Assessor Collector corrected the prior year calculations (for tax year 2001) that had resulted in the County's overpayment by $8,566. If the prior year payment had been made correctly, a $2,725 payment would have been owed to the TIRZ in the current year (for tax year 2002). However, after offsetting the County's $8,566 overpayment last year against the $2,725 that would have been due to the TIRZ this year, a $5,481 credit remains eio\Harris County's. Rather than requesting a reimbursement check from the TIRZ for th $5,48:V balance in Harris County's favor, this remaining balance due from the LaPorte TI '):>e carried forward and offset against future year TIRZ increment payment(s), until the cre~it is extinguished. l ~ ~ fA, If you have any questions about the cal6ulations in the attached workbook, or the handling of the payment in question, please do not hesitate to call me. Nancy Powell Deputy Director of Economic Development Harris County Office of Housing & Economic Development 1310 Prairie, Suite 550 Houston TX 77002-2042 Ph: 713-755-3404 Fax: 713-755-3402 Email: nancy_powell@co.harris.tx.us 10/1/2003 AGENDA ITEM 8: REVIEW AND CONSIDER APPROVAL OF FY 03-04 TIRZ BUDGET Tax Increment Reinvestment Zone Number One (039) Fund Summary and Statement of Revenues. Please note that projected expenditures were increased for miscellaneous consulting fees by $2,000 in anticipation of a higher level of activity. Miscellaneous supplies were reduced by $2,000. City of La Porte Tax Increment Reinvestment Zone One (039) Fund Summary Working Capital 9/30/02 140,505 22,569 9,231 9,231 153,843 14,000 2,090 16,090 169,933 12,000 5,000 3,000 10,000 30,000 139,933 Plus Estimated 02-03 Revenues Less 02-03 Expenditures and Commitments Developmental Assistance, Drainage Study, Audit Equals Estimated Working Capital 9/30/03 Plus 03-04 Revenues: Property Taxes Interest Income Total Revenues Equals Total Resources Less 02-03 Expenditures and Commitments Miscellaneous Consulting Fees Operations Miscellaneous Supplies, Materials Educational Fund Total Expenditures Equals Estimated Working Capital 9/30/04 Revenues Expenditures & Commitments Estimated Fund Balance Usage Estimated 2002-03 22,569 9,231 13,338 Projected 2003-04 16,090 30,000 (13,910) Targeted working capital - 90 to 120 days Estimated working capital - 1703 days City of La Porte Tax Increment Reinvestment Zone One Fund (039) Statement of Revenues Actual Budget Revised Projected Object Description 2001-02 2002-03 2002-03 2003-04 General Property Taxes: 401.01-00 Current Property Taxes 41,443 20,000 20,218 14,000 General Property Taxes Subtotal 41,443 20,000 20,218 14,000 Administrative Transfers: 480.01-42 Transfer from General Fund 8,641 Administrative Transfers Subtotal 8,641 Interest: 483.01-00 Interest Income 3,536 3,490 2,351 2,090 Interest Subtotal 3,536 3,490 2,351 2,090 Total TIRZ One Fund Revenues 53,620 23,490 22,569 16,090 Items 9, 10, 11, and 12 have no backup.