HomeMy WebLinkAbout01-14-04 La Porte Redevelopment Authority Meeting minutes
La Porte Redevelopment Authority
City of La Porte, Texas
Minutes of the Board Meeting
Held January 14, 2004
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 14th day of January 2004,6:30 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
Molly Helmlinger
Chester Pool
JJ Meza
Position I
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 Director Pool and Director Larson, thus constituting a quorum.
Also present at the meeting were John Joems, David Hawes, Cynthia Alexander, Debra Feazelle, Stephen
Barr, and Melisa Lanclos.
2. Welcome new board Member.
The board chair acknowledged the appointment of board member JJ Meza by Harris County.
3. Consider approval of the Minutes of the meeting held October 1, 2003
Upon a motion duly made by Director Cook and being seconded by Director Meza, the board
unanimously approved the Minutes of October 1,2003.
4. Consider approval of other action regarding the final draft of the Taylor Watershed Bayou
Study.
Mr. Joems reviewed the final changes with the contractor, Civil Tech. He noted that the final
changes were complete, which resulted in the reduction of 14 acre-feet in Pond C. Upon a motion
duly made by Director Pfeiffer and being seconded by Director Leopard, the board unanimously
approved the Taylor Bayou Watershed Study.
5. Consider approval or other action regarding professional services agreement retaining
services of Financial Advisor, 1st Southwest Company.
Mr. Joems noted a minor change in the services agreement on page three. Section (a) (l) to add....
Written consent "from the issuer". Upon a motion duly made by Director Antone and being
seconded by Director Meza, the board unanimously approved the Professional Services
Agreement with 151 Southwest Company.
Director Helmlinger arrived at 6:46 PM.
6. Consider approval or other action regarding professional services agreement retaining
services of bond counsel and general counsel, Andrews Kurth, LLP.
Mr. Joems noted that Andrews Kurth, LLP represents the Port of Houston and that no City council
member registered an objection to their being retained by the Redevelopment Authority. After
some discussion it was determined that Andrews Kurth should only be retained for bond counsel
work. Upon a motion duly made by Director Pfeiffer and being seconded by Director Cook, the
board unanimously approved the Professional Services Agreement with Andrews Kurth, LLP.
7. Consider approval or other action regarding consulting services agreement retaining
services of Hawes Hill & Associates, LLP.
Mr. Joerns noted that this contract formalized the work that Mr. Hawes had been doing for the
redevelopment authority over the past few years. Upon a motion duly made by Director
Helmlinger and being seconded by Director Antone, the board unanimously approved the
Professional Services Agreement with Hawes Hill & Associates, LLP.
8. Discuss Interlocal Agreements with Harris county and City of La Porte for refunding
expenses associated with Sylvan Beach Shoreline Erosion and Beach nourishment Project.
Mr. Stephen Barr, Parks Director gave the board an overview ofthe two projects and the
complexities of funding sources. Mr. Hawes noted that he was continuing to work on the
Interlocal Agreements. No action was taken.
9. Discuss Refunding request by Arete Development for various expenses associated with the
La Porte Golf Course Community.
Mr. Joerns gave a brief overview on where the zoning stood for the Arete Development next to the
City's golf course. He discussed estimated costs, mobility and platting issues with the board and
that staff was continuing to work with the developer in doing its due diligence with regard to TIRZ
involvement.
10. Other Matters Which may properly come before the Board
No other matters came before the board.
11. Adjournment
The board chair adjourned the meeting at 8:29 PM.
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,- AGENDA ITEM 3:
CONSIDER APPROVAL OR OTHER ACTION RETAINING ANDREWS/KURTH, LLP
TO PERFORM ADDITIONAL SERVICES RELATING TO BOND COUNSEL
SERVICES
As discussed at the last meeting, the Authority/TIRZ will soon be considering either
Development Agreements and/or Interlocal Agreements for future reimbursement of expenses
related to:
o Harris County expenses for Shoreline Erosion and Beach Nourishment
o City of La Porte expenses for Shoreline Erosion and Beach Nourishment
o Arete Development expenses for various infrastructure studies and improvements
Although David Hawes will prepare the initial drafts, we will need to have these documents
reviewed by legal counsel.
Staff recommends authorization of Andrews/Kurth, LLP to perform these services as additional
services related to Bond Counsel. The Andrews/Kurth Agreement provides for this on page 2 of
the Agreement.
~~ ) C> 10 c4cp l-....)t
1"'-
NOTE: The section relating to General Counsel Services was removed from the AndrewsIKurth
Agreement per direction of the Board.
Action
To consider approval or other action retaining services of Andrews/Kurth, LLP to perform
additional services relating to Bond Counsel Services.
ANDREWS
ATTORNEYS KURT H
LLP
600 Travis, Suite 4200
Houston, Texas 77002
713.220.4200 Phone
713.220.4285 Fax
andrewskurth.com
January _, 2004
Boards of Directors
Tax Increment Reinvestment Zone No. 1
City of La Porte, Texas and
La Porte Redevelopment Authority
c/o City of La Porte, Texas
604 West Fairmont Parkway
La Porte, Texas 77571
Re: Engagement of Andrews Kurth LLP to Perform Legal Services
Dear Members of the Boards of Directors:
We are pleased to submit to you a proposed agreement for Andrews Kurth LLP ("AK"),
Houston, Texas, to provide legal services for Tax Increment Reinvestment Zone No.1, City of
La Porte, Texas (the "Zone") and the City of La Porte Redevelopment Authority (the
"Authority"). When approved by you, this letter will become effective and will evidence an
agreement between AK and, collectively, the Zone and the Authority.
y''-'
Bond Counsel Services - Basic and Additional AK will provide legal services to the
Authority as its Bond Counsel with respect to notes, bonds and other possible debt obligations
that the Authority may issue. (Such bonds, notes or other obligations are collectively referred to
herein as "Bonds.") As Bond Counsel, AK will prepare, or assist the appropriate Authority
officials and staff in the preparation of, all required legal proceedings and will perform certain
other necessary legal work in connection with the Authority's authorization, issuance and sale of
each series of the Bonds. Services as Bond Counsel will include the following Basic Services,
which will be carried out directly or in concert with Authority officials and staff, as follows:
(1) Preparation of the resolutions, orders and indentures authorizing issuance of each
series of the Bonds and all other instruments which comprise the transcript of legal proceedings
pertaining to the authorization, issuance and sale of each such series;
(2) Attendance at meetings, to the extent required or requested by the appropriate
Authority officials and staff, to discuss the sizing, timing or sale of each series of the Bonds;
(3) Consultation with Authority officials and staff and the Authority's financial
advisors to review information to be included in the offering documents for each series of Bonds,
but only to the extent that such information describes such series, the security therefor, their
federal income tax status and our opinion;
..-
(4) Preparation and submission of transcripts of legal proceedings pertaining to the
issuance of each series of the Bonds to the Attorney General to obtain an approving opinion;
HOU:2229311.4
Austin Dallas
Houston
London
Los Angeles
New York
The Woodlands
Washington, DC
January _, 2004
Page 2
(5) Supervision of the printing of each series of the Bonds and the delivery thereof to
the purchasers;
(6) At the closing of each series of the Bonds, delivery of an approving opinion,
based on facts and law existing as of its date, generally to the effect that such series has been
duly issued, executed and delivered in accordance with the Constitution and laws of the State of
Texas, that the Bonds of each series constitute valid and legally binding obligations of the
Authority (subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws
in effect from time to time relating to or affecting the enforcement of rights of creditors of
political subdivisions) and that interest on such series of the Bonds is excludable from the gross
income of the owners thereof for federal income tax purposes under then existing law; provided
that after the closing we do not undertake, unless specifically engaged by you to do so as an
Additional Service described below, to provide continuing advice concerning any actions
necessary to assure that interest paid on the Bonds will continue to be excluded from gross
income for federal income tax purposes; and
(7) Prior to and in connection with the closing of each series of the Bonds, giving
advice to the Authority to enable appropriate officials to comply with the arbitrage requirements
of the Internal Revenue Code of 1986 as they affect the Bonds, including yield restrictions and
rebate requirements.
,..-
As Bond Counsel, AK is also prepared to undertake the following Additional Services, as
directed by appropriate Authority officials:
(1) Disclosure work or similar services (other than the limited review of certain
sections of the offering documents for the Bonds as described in paragraph (4) under Basic
Services above) to assist the Authority or its financial advisor in the preparation of such offering
documents, on such basis and to such extent as shall be directed by the appropriate Authority
officials and staff, including compliance with the requirements of Rule 15c2-12 of the Securities
and Exchange Commission;
(2) Attendance at rating agency presentations, investor meetings or other
presentations relating to the marketing of the Bonds and consultation with Authority officials,
staff and advisors and the Authority's financial advisor to develop such presentations;
(3) Preparation of the "Blue Sky" surveys or securities registration services;
(4) In the case of a series of Bonds, or a portion thereof, that is issued to refund prior
bonds of the Authority, providing advice regarding federal income tax and other issues unique to
refunding transactions;
(5) Any other special services related to but not ordinarily required in connection
with the issuance of obligations of the nature of the Bonds, including services rendered in
.,-, connection with special federal income tax issues, unusual issues arising in connection with the
Authority's financial reports or audits, any documentation or related services for credit or
HOU:2229311.4
January _,2004
Page 3
liquidity facilities or enhancements or other special structuring techniques or devices to be
employed in connection with the issuance of any series of the Bonds; and
(6) After the closing of any series of the Bonds and upon specific request of the
appropriate Authority officials and staff, providing assistance to the Authority concerning
questions and issues that may arise prior to the maturity of each series of Bonds.
For the Basic Service performed as Bond Counsel, our fee for a fixed rate transaction
would be according to the following schedules, with such fee payable from bond proceeds and
contingent upon the actual delivery of the Bonds:
First Issue*
A. For the first $15 million in principal of Bonds, an amount not to exceed $65,000,
to be billed at standard hourly rates;
B. an amount equal to 2% of the principal amount of such Bonds above such first
$15,000,000 in principal.
*
The fee for a variable rate transaction would be the same as the foregoing, plus our standard
hourly rates at a 10% discount for amounts in excess of the foregoing fees.
,-
Subsequent Issues: To be agreed to prior to the issuance of such Bonds depending on the
size and complexity of the transaction.
As Bond Counsel, AK will also be reimbursed for its reasonable and actual out-of-pocket
expenses, such as the cost of reproduction of documents, out-of-town travel, long-distance
telephone, telegraph, telex and similar expenses, deliveries, filing fees and all items paid for by
AK on behalf of the Zone or the Authority and incurred in connection with the performance of
all services hereunder.
AK will provide invoices for legal services and out-of-pocket expenses hereunder.
Payment of all fees and expenses as Bond Counsel will be made upon the issuance and delivery
of the series of the Bonds in connection with which such services are performed. The fee and
expenses for each series will be paid from the proceeds of the sale of such series or from other
funds, as the Authority deems appropriate.
-7(
The fee for any Additional Services provided by AK will be determined on an hourly rate
basis, applying rates then charged by AK for the same or similar services performed by attorneys
and paralegals of similar experience for other clients.
-
As we have discussed, you are aware that AK represents many other governmental
entities, companies and individuals. It is possible that during the time that we are representing
you, some of our present or future clients will have disputes or transactions with you. In
particular, as we have advised you, we represent the Port of Houston Authority of Harris County,
HOU:2229311.4
January _,2004
Page 4
Texas as Bond Counsel and in other capacities, including as litigation counsel. You agree that
we may continue to represent or may undertake in the future to represent existing or new clients
in any matter that is not substantially related to our work for you even if the interests of such
clients in those other matters are directly adverse. We agree, however, that your prospective
consent to conflicting representation contained in the preceding sentence shall not apply in any
instance where, as a result of our representation of you, we have obtained proprietary or other
confidential information of a nonpublic nature, that, if known to such other client, could be used
in any other such other matter by such client to your material disadvantage.
Nothing herein shall be construed as creating any personal liability on the part of any
officer of the Authority, and this agreement may be terminated by the Authority by giving 30
days' written notice to AK, provided that all fees and expenses owing to AK will be paid as of
the effective date of any such termination.
If this proposed agreement for the performance of legal services by AK is satisfactory,
please evidence your acceptance and approval by executing three copies in the space provided
below and returning one copy to us.
Very truly yours,
ANDREWS KURTH LLP
By:
HOU :2229311.4
January _,2004
Page 5
APPROVED:
TAX INCREMENT REINVESTMENT ZONE NO.1, CITY OF LA PORTE
By:
Name:
Title:
ATTEST:
Secretary
LA PORTE REDEVELOPMENT AUTHORITY
By:
Name:
Title:
ATTEST:
Secretary
#'-"
HOU:2229311.4
AGENDA ITEM 5:
ADMINISTRATIVE REPORTS
o LA PORTE TIRZ REFERENCES IN BAY AREA HOUSTON ECONOMIC
PARTNERSHIP NEWSLETTER
o REVIEW CORRESPONDENCES
Business Development News_.
Page 1 of 5
Joerns, John
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From: Barbara Cutsinger [barbara@bayareahouston.com]
Sent: Tuesday, January 27, 2004 7:05 PM
Subject: Bay Area Houston Business Development Update
A publication of Bay Area Houston Economic Partnership
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A Vision for NASA
President George W. Bush outlined a vision for NASA that brought cheers to the aerospace and
bioastronautics industries that surround NASA Johnson Space Center.
That expertise is in place in our region to develop and operate the new Crew Exploration Vehicle,
therefore, NASA Johnson Space Center is the logical choice. Bay Area Houston is home to 52 NASA JSC
contractors and the aerospace industry cluster is 16 times the national average.
We predict that the President's new vision will have a significant economic impact, not only in Bay Area
Houston, but in the state of Texas as well.
New City Member
*:
We are pleased to announce the City of La Porte has joined our partnership. At the bottom of this
newsletter is a convenient link to all our cities -- Houston (SE), Friendswood, Kemah, La Porte, League
City, Nassau Bay, Pasadena, Seabrook, and Webster.
Commercial I Office Development
. Plans have been announced for The Heart Hospital at Clear Lake Regional Medical Center in
Webster, a new $90 million, 200,000 sf expansion project that will employ 450 people and increase
patient beds to 471. Located on a site across from the main tower, the new addition will be
connected by a glass pedestrian skyway. The hospital is an Accredited Chest Pain Center, the
second in Texas and fourth in the nation.
. Groundbreaking: American National Insurance Company is not only constructing but will occupy a
new 52,800 sf service and processing center at South Shore Harbor in League City. A 5-story,
1/28/2004
Business Development News _,
Page 2 of 5
120,000 sf office building is under construction at the same site and will be leased out. Expected
completion for the tower is April, 2004 and the seNice center, September, 2004,
· Triumph Hospital Medical Center will build a 92,000 sf building (100 private and 141CU beds)
across from Clear Lake Regional Medical Center in Webster. Completion scheduled for January,
2005; this will create approximately 300+ jobs.
· Taking advantage of the Municipal Grant Program, Easthaven, Inc., a masonry construction
company, is relocating from the Hobby airport area and will build on Mandale St. in Friendswood __
22,000 sf.
. Soon under construction:
· In Friendswood, an 8,500 sf office building on FM 2351 and Friends Knoll.
· In League City, Marina Bay Village Business Center, an 11,000 sf professional office
building on FM 2094 /Twin Oaks Blvd. near South Shore Harbour.
· A developer has plans for two office buildings in Friendswood at FM 528 and Friendswood Lakes
Boulevard (continuation of Brittany Bay that will connect to Pearland Parkway): a 5-story 60,000 sf
building, and a 2-story 24,000 sf building overlooking Stoney Lake North. Other pad sites and lease
spaces are available for office and retail use.
Did you know Friendswood's size is about 21 square miles and is approximately 67"/0 built-out?
· Big League Dreams, a 40-acre, $13 million sports complex at 1-45 and Calder Road, will be built by
The Linbeck Group. Construction will be started soon and completion is expected in 2005. Replicas
of six stadiums include Boston's Fenway Park, New York's Yankee Stadium, Detroit's Tiger
Stadium, Chicago's Wrigley Field, Brooklyn's Ebbets Field and St. Louis' Sportsman's Park. Also
planned are 2 multi-sport pavilions, 4 volleyball courts and parking for 450 cars. The complex should
attract hotels and restaurants to the city. The idea to build the facility came from League City's
desire to attract national adult baseball and softball tournaments.
· Plans for an all-suite 68-room La Quinta have been announced. It will be built on N. Texas Avenue
in Webster and include a climate-controlled indoor pool.
. Office Leases:
· 01 Central Corporation, a data storage and monitoring firm, has leased 4,000+ sf in Camino
Center" in Bay Area Houston. The steady-growing company was founded in 2000.
· Barrios Technology has leased an additional 4000+ sf in One Corporate Plaza. The
expansion includes 60 new employees.
· ARES Corporation, a full service engineering firm specializing in risk engineering and
integrated management, has leased 16,000 sf at Armand Plaza, 16441 Space Center Blvd.
An additional 1 00 employees have been hired.
Coming soon:
Friendswood -SQuthweo;LB'inkQfTexas - FM 528 and FM 518
Kemah - PilYsll1rl - Hwy. 146
What's New?
Pasadena - RePul:J1icNatiQQ'iLBilnk - Fairmant Parkway at Burke
Retail Development
- · Redevelopment scheduled for 288,000 sf at Baybrook Square (1-45 and Bay Area Blvd.). Tenants
include Marshall's Megastore, Cost Plus World Market, Pier 1 and DSW.
· It's reported that the new Super Wal-Mart in Pasadena, to be built on Kmart's former site, will be the
1/28/2004
Business Development News
Page 3 of 5
largest store in the southeast Houston area. New private roads are being built for easy access
to/from Fairmont Parkway or Beltway 8.
Did you know Pasadena has the second highest disposable income in Harris County?
· Construction on Webster Plaza - Bay Area Boulevard & N. Texas Avenue in Webster, has begun.
Tenants for the 23,820 sf center include Buffalo Wild Wings, Jamba Juice, EB Games, a sandwich
shop, and a fresh, fast-food Mexican restaurant.
Did you know in a 5-mile radius of Baybrook Mall, the average household income is $79,132?
· Chair King has leased 31,000+ sf at the Centre at Baybrook in the former Best Buy spot. Other
center tenants include Stein mart, ashman's and Bed, Bath & Beyond.
· An upscale seafood restaurant will be built at Vista and Beltway 8 in Pasadena. In Kemah, the new
Saltgrass Steakhouse is now under contruction; word is that more restaurants are in the works.
Did you know Nassau Bay's median family income is $77,252 ....
(there are approximately 2,243 families in this city of 4,170P
· Construction started on Marina Bay Village Shopping Center, a 37,000 sf retail center at FM 2094
and Twin Oaks Blvd. in League City. The development also includes an office complex, and 200
storage units. And in Friendswood, work has begun on an 8,500 sq. ft. retail center at FM 528 and
FM 518.
. FYI Traffic Counts:
Pasadena Traffic Count - 2001 24-hour count
Fairmont Parkway west of Jana - 26,650
Fairmont Parkway east of Jana - 40,740
Seabrook Traffic Count - 2002 Avg. Daily Count
NASA Parkway west of SH 146 - 18,400
NASA Parkway east of SH 146 - 31,000
SH 146 south of NASA Parkway - 33,000
Coming soon'
Friendswood - P9IlClrGer1t~ral- Friendswood Plaza; FM 2351 and FM 518
What's New?
Pasadena - Koli3_c:l1eFactgry
Webster - Anni3Pl.Jrni3lnc:lji3nBe~tClJ,!fiwJ - Point NASA
Residential Development
· Plans have finalized for Tuscan Lakes, Johnson Development's new community in League City.
The new 870-acre project will include 2,000 homes, a 20-acre lake, trails, a 28-acre park, 144 acres
for commercial development, 47 acres for apartments and a lot of green space. The master-planned
community is on SH 96 and FM 270 in League City.
f"-
· Also in League City, Sam Boyd recently purchased 403 acres giving him a total of 1,411 for a new
development off SH 96. He plans to build 1400 new homes and will extend So. Shore Harbour Blvd.
through the project. State Highway 96 will connect to Hwy. 646 at Caroline Street. Construction
should start this summer.
1/28/2004
Business Development News ,_
Page 4 of5
*
. The Lakes at Fairmont Greens, a new 400-home community by Arete Real Estate and Development
is planned for La Porte. The upscale homes will border the Bay Forest Golf Course.
Did you know Seabrook's Intermediate School is proud to boast the District's SCience Magnet Program
which has 210 students enrolled as of September 200l?
Infrastructure News
· Port of Houston expansion - City of Pasadena is reviewing permit applications for phase 1A of the
Bayport - Port of Houston expansion. The first phase contains about 1,660 feet of wharf, 48 acres of
container yard and about 11.8 acres of gate facilities and buildings.
'*-
· The second phase of Bayport North Industrial Park, south side of Fairmont Parkway and
Underwood Road, will begin soon. This 362-acre development will also have rail access. Phase one
new buildings just completed include: Sulzer Chemtech (15,500 sq) and Harcros Chemicals (24,000
sf).
· Zoning regulations are expected early next year, paving the way for construction to start for League
City's River Market, a 5-mile long development encompassing 900 acres stretching from 1-45 to FM
270 (Egret Bay Blvd.). The venture will include retail space, housing, entertainment venues and
nature trails. The master plan calls for an estimated one million square foot of office, one million
square foot of retail, 1400 units for residential use and includes a 400+ acre creekside park from
Interstate 45 to FM 270. At least 4 developers have contacted the city about the project.
,-
· A master plan is being prepared for a 135-acre tract on NASA Parkway in Friendswood. Frontage
for the tract includes over 4,000 sf on the parkway and one mile along Clear Creek which is
navigable to Galveston Bay. The mixed-use urban center contains an estimated one million sf-
suitable for office, retail, residential and/or entertainment. Possibilities include a health club, marina,
creekside hotel or restaurant.
· Other new projects for Friendswood include a 730-acre community on FM 518, SE of FM 528, that
is planned to start within a year, and a 150-acre community that will open up about 20 acres of
commercial property along FM 528.
· Seabrook has approved funds to acquire 65 acres of wetlands for an ecotourism park to include
hiking and jogging trails, birding facilities and an educational center.
· Kemah's boardwalk area will see eight to ten new upgraded rides and attractions that will take
things to a new level --details at a later date. The city has also approved new parks, visitor's center
and upgraded sidewalks.
· League City's Economic Development Empowerment Zone, located in the area south of Walker
Street to the city limits, bounded on the west by State Highway 3 and on the east by the Union
Pacific Railroad, was created to help smaller businesses locate in the area. Qualified businesses
considering sites in the zone would be eligible for municipal grants to assist in their costs of
extending water and sewer lines, paving public streets, or the cost of municipal fees. The City will
grant $1, up to $25,000, for every $2 spent by the business. Businesses must invest a minimum of
$250,000 in improvements to be eligible for grants. Grants will be considered for the following types
of development: manufacturing facilities, distribution facilities, office warehouses and wholesale
sales.
f'-
71\
· Approximately 1,100 acres encompass the La Porte TIRZ (tax increment reinvestment zone). One
project coming up for the area is upscale housing - 400 homes that will border the Bay Forest Golf
Course. The 18-hole course has been ranked in the top 20 municipal courses in Texas. Also, 250
1/28/2004
Business Development News _.
Page 5 of 5
acres west of SH 146 are under contract for a business and industrial park, which includes three
proposed distribution centers each being 249,750 sf
Did you know the double-diamond towers that support La Porte's Fred Hartman bridge
are as tall as a 45-story building?
\ .
*:
· La Porte plans an expansion of Bay Area Boulevard from Fairmont Parkway to Spencer Hwy. This
will connect to Sens Road making the route complete from Hwy. 225. Construction will start in the
3rd or 4th quarter of this year.
*-
· La Porte also plans to extend East Boulevard. Already in place from SH 225, it now stops at
Spencer Hwy. but will continue to Fairmont Parkway utilizing the Canada Road right-of-way. (Later,
the city may consider a name change to East Boulevard.) Construction is expected to start in the
last quarter of this year. New residential development and a large park are planned; acreage will be
available on Fairmont Parkway for commercial use.
· Space Center Boulevard will be the new name for Jana Lane in Pasadena. The road was recently
extended to Spencer Hwy. Space Center Blvd. now connects two state highways --- Spencer and
NASA Parkway.
Food for Thought
When you're hungry and in the Bay Area region, try one of my favorite eating establishments-
Vincenzo's Cucina Italiana at 1199 NASA Parkway - close to NASA Perfect for taking your family or your
sweetheart, Vincenzo's has the best pasta! My favorite is the Ravioli alia Emiliana, handmade ravioli filled
,- with wild mushrooms sauteed in a cream sauce (with just a touch of tomato!). It gets even better - the
creme brulee is out of this world!
"Leaders don't create followers, they create more leaders. "
-- Tom Peters
Participating Cities:
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Copyright 2003 I3_aL6r~C:lHQu$tQn_E_cQnQmlc;J:C:lnn~[~bjQ
2525 Bay Area Blvd., Suite 640. Houston,Texas 77058
+1 (281 )486-5535 . +1 (281 )486-5068 fax
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,-
1/28/2004
City of La Porte
Established 1892
January 14,2004
Isaac Matthews
IVE Bayforest, LLC
5325 Katy Freeway, Suite One
Houston, Texas 77007
RE: Bayforest Ranch
Dear Mr. Matthews:
The City cannot support the project and application for tax credits described in the 01/02/04 letter and attached
public notification regarding Bayforest Ranch, Ltd.
The project is not consistent with the Special Conditional Use Permit and General Plan recently considered by
both the La Porte Planning and Zoning Commission and City Council.
To consider this project, the applicant will need to seek an amendment to the existing Special Conditional Use
Permit and General Plan reviewed by and approved by City Council.
Sincerely,
,,/ ';/ h -7 g
f ( (fl-'/Y1 tv11 /' / /'i ~j--z-.c
--" " ~.
Mayor Norman 1. Malone
c: Debra B. Feazelle, City Manager
John Joerns, Assistant City Manager
Nick Finan, Interim Planning Director
John Armstrong, City Attorney
.-
i-t~\:'\;)-'. .. 1..,8: ?(jrrf'f TCX,2~S 77S71 t (281) 471~5020
BAYFOREST RANCH, LTD.
January 2, 2004
Mr. Philip Craigie
Shady River Civic Association
3018 Lazy Pine Lane
La Porte, Texas 77571
Re: BayForest Ranch
Dear Mr. Craigie:
"-
,
Bayforest Ranch, Ltd. is pleased to announce it intends to submit an application to the Texas
Department of Housing and Community Affairs for Housing Tax Credits for 100 single-family
homes for rental. These homes will be built on 16 acres at the east side of the approximate 2600
block of State Highway 146 and the northeasterly comer of McCabe Boulevard in La Porte,
Texas. A tremendous need for affordable housing exists in this fast growing southeast Harris
County corridor. With the pending multi-billion dollar impact of the completion of the Bayport
Terminal Complex and the proposed addition of a new cruise line depot, the steady growth of the
La Porte community is projected to accelerate. In fact, the Bayport Terminal Complex is
projected to have a positive job impact of over 25,000 for the area. This will accelerate the need
of affordable housing in the La Porte community.
Applicant's development will consist of four bedroom individual homes with attached one and
two car garages. Additional parking will be adjacent to each home for residents and visitors.
Applicant is appealing to all income levels with market rate units and units priced for 40%, 50%
and 60% of area median income. With easy accessibility to all parts of the city and immediate
area located commercial and retail services, schools and hospitals, the location is desirable for all
family members including the physically impaired and the elderly.
The amenity package will be extensive and will include 9 foot ceilings; fenced in expanded patio
area yards; a designated playground with equipment for two age groups; a furnished community
clubhouse with kitchen and computer/fax room; public pay telephone; swimming pool; a covered
barbeque pavilion with tables; private storage areas; limited access entry with perimeter fencing;
ceiling fans in the living rooms and bedrooms of all units; full kitchen appliance packages;
islands in the kitchens of all homes; and numerous energy saving features.
Child and Adult Development Center of Houston, Inc., an experienced 501(c)(3) non-profit, with
extensive experience providing these services, will conduct a Social Service Program. The Kids
Out Of School Program operated by the social service provider will offer supervised after school
and summer activities during the critical 3 p.m.-7 p.m. period and other times that school is not in
session, the times when a parent is often not home in a household. The social service provider
has contracts with the state workforce commission and, together with Applicant, is currently
working with the other public and nonprofit agencies to assist with community and social service
.- programs. Units will also be designed to meet standards for the physically impaired.
5325 Katy Freeway, Suite One. Houston, Texas 77007 . (713) 871-0063 . Fax (713) 871-1916
Shady River Civic Association
January 2, 2004
Page Two
The overall development team has decades of experience with the development, management and
overall operations of thousands of multi-family apartment units. Affiliates of the Applicant
currently are involved in the ownership of approximately 1,700 units.
Attached please find a copy of the Public Notification which will subsequently be placed in the
newspaper. We hope you will support this proposed application. Please do not hesitate to contact
Barry Kahn at 713-871-0063 with any suggestions or questions. Happy New Year.
Very truly yours,
~~
Isaac Matthews
1M/ad
Enclosure
1'~~
PUBLIC NOTIFICATION
Bayforest Ranch, Ltd. is making an application for Housing Tax Credits with the Texas
Department of Housing and Community Affairs for Bayforest Ranch, 2600 SH 146
South, La Porte, Harris County, TX 77571. This new to be built development will
consist of 100 single family homes for rental, including 80 low income units. 12% of the
units will target tenants with incomes less than 40% of the area's median income, 20% of
the units will target tenants with incomes less than 50% of the area's median income, and
48% of the units will target tenants with incomes less than 60% of the area's median
income. 20% of the units will be market rate units.
The number of units and proposed rents (less utility allowances for the subject property's
tax credit units) are:
"I
~
48 4 Bedroom/2 Bath Homes for
20 4 Bedroom/2 Bath Homes for
12 4 Bedroom/2 Bath Homes for
$894
$721
$549
fi;;b
'..".
The development will also offer market rate units to the general public. The number of
units and proposed rents for the subject property's market rate (non-tax credit program)
units are:
I-
20 4 Bedroom/2 Bath Homes for $950
If awarded credits, this development is expected to be ready for occupancy by March of
2006. For more information on this notice, please notify Isaac Matthews, lYE Bayforest,
LLC, 5325 Katy Freeway, Suite One, Houston, Texas 77007, (713) 871-0063.
I'P-'
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HErriG/KAHN HOLDINGS, INC
L ;1 .
January 27,2004
Mr. Nicholas J. Finan
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
Re: Bayforest Ranch
Dear Nick,
I appreciate your meeting with us and hopefully we will work out the various issues to
everyone's satisfaction. As you are aware, we have been working with the city, the TIRZ
and Arete, the owner of most of the land, for some time. Our goal all along has been to
develop multifamily units for rent as designated by the zoning. After discussions with
Harris County Community and Development, we decided to lower the density of this
,- multifamily development by building detached dwelling units with garages. We felt we
were providing a more suitable, if not superior, product to the overall TIRZ development
and one that would be more acceptable to the city.
Even though this development has individual structures which may infer single family
development, we wish to suggest that overall more multifamily features exist. The entire
development is on one tract of land, all the streets in the development are private, the
development doesn't qualify under the single family guidelines, and the entire
development will be restricted to multifamily rental for a period of forty years by a land
use restrictive agreement. Since the development will not qualify as a single family
development under La Porte requirements, the individual structures will not be able to be
sold as single family homes. It would seem that the multifamily definition of multiple
structures on a single lot should control.
Of course any final zoning decisions will rest with the city of La Porte. We hope to work
with the city toward a mutually satisfactory solution and are happy to meet with
appropriate city members at their convenience. Again we thank you in advance for your
assistance. Please feel 'free to call either Barry Kahn, my partner, or me with any
questions.
E. Hettig /
CC: John Joerns V
5325 Katy Freeway . Suite One · Houston, Texas 77007 · (713) 871-0063 . Fax (713) 871-1916
HETTIG/KAHN HOLDINGS, INC., HETTIG CONSTRUCTION CORP., HETTIG MANAGEMENT CORP., AND AFFILIATES THEREOF
RICK PERRY
Corernor
EDWINA P. CARRINGTON
E.:eClltire Director
BOARD MEMBERS
Elizabeth Anderson, Chair
Shadrick Bogany
C. Kent Conine
Vidal Gonzalez
Patrick R. Gordon
Norberto Salinas
TEXAS
DEPARTMENT OF HOUSING
AND COMMUNITY AFFAIRS
j I
L I
WWW.TDHCA.STATE.TX.US
January 23, 2004
City Clerk
Martha Gillett
604 W. Fairmont Parkway
La Porte, TX 77571
Re: Notification Affordable Housing Tax Credit Pre-Application # 04077
Dear City Clerk:
The purpose of this letter is to notify you, as required by law, that this Department received one or
more applications on January 9, 2004, proposing affordable housing development in your area. A
summary of the basic development information for the application, or applications, is enclosed.
The Texas Department of Housing and Community Affairs (the "Department"), working with private
real estate developers, provides high quality, affordable housing opportunities for income qualified
Texans. The Department, under the Housing Tax Credit (HTC) Program, aids private developers in
building affordable housing using federal tax credits to fund new construction and rehabilitation of
multifamily residential developments. The value associated with the tax credits allows residences to be
leased to qualified families at affordable rents.
The Board will make its preliminary decision concerning the proposed development at its June 2004
meeting and its final decision at its July 2004 meeting. The exact dates are not yet scheduled. The
Department will hold a series of public hearings in April 2004 to gather public comment on the
submitted applications. The Department welcomes input on proposed developments at anytime. Early
comment is particularly helpful as the Department then has sufficient time to fully consider the input.
A timeline and a summary of the basic development information for the submitted application(s) is
transmitted with this correspondence. Please note that any announcement regarding further dates or
notices concerning the 2004 Application round will be posted on our website at
www.tdhca.state.tx.us/lihtc.htm.
If you have any questions regarding this correspondence or the proposed development, please do not
hesitate to contact the Department's 2004 Housing Tax Credit Information Officer and Liaison,
Jennifer Joyce at 512.475.3995, or bye-mail at:jennifer.joyce@tdhca.state.tx.us.
Sincerely,
$rooR! $oston
Brooke Boston
Multifamily Finance Production Division Director
;07 SABIl\E-SUITE 400 · Po. Box 13941 · ALlSTIN, TEXAS 78711-3941 . (;12) 475-3800
,;j Jlrinud on r{,'C'Idt'd pdper
1To4011
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"'~~~~rf~~},"t~~_f;~i~~tiJ;lQ'J:Yi.EIi.<P.E~EN;~.JqJi.~,It-~~~'I'~'!'y~7:JJ~:'p;e.A,".~1~~~~~~T~-,;l:",,&;1ifJ#f
This form must be completed by the Applicant in its entirety. This form will be utilized by the Department
in its notifications to officials required under 950. 11(a)(3)(B) of the QAP.
Applicant Name: Bayforest Ranch, Ltd.
Development Name: Bayforest Ranch Apartments
Dev. Street Address: 2600 SH 146 South
Dev. City La Porte
Dev. County Harris
Dev State and Zip Texas 77571
Applicant Contact Name: Isaac Matthews
Contact Address: 1126 W. Tidwell
Contact City/State/Zip: Houston, Texas 77091
Contact Phone: (713) 290.1802
Application Date: January 8, 2004
Total # Units: 100
Building;Unit [8J Detached o Duplex o Triplex D Fourplex
Configuration: Residence
o 5 units or o Townhome o Single Room Occupancy
more/building
Location of Units: [8J On a single lot or DIna D On scattered sites
site subdivision
Construction Type: [8J Conventional o Manufactured D Modular/Structurally Integrated
Onsite Panels
Maximum # of Floors: 2 Elevator-Served: [2J No 0 Yes Total Site Acreage: 15.32
# of Res. Buildings: 100 # of Non-Res. Buildings: 1 # Units per Acre: 6.52
Tenant Services (describe): Counseling services: Youth programs: and GED preparation.
(#)lli/A] 1 bedl1 bath Units Rent: ($)[Q] Average Sq Ft [Q]
(#)[lliAJ 2 bedl1 bath Units Rent: ($)[Q] Average Sq Ft [Q]
(#)lliLAl 2 bedl2 bath Units Rent: ($)[Q] Average Sq Ft [Q]
(#)lliiA} 3 bedl2 bath Units Rent: ($)[Q] Average Sq Ft [Q]
(#) 100 4 bed/2 bath Units Rent: ($)829 Average Sq Ft 1,354
19
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:~,~~.\1.1~~~~~~,R~teJ(i~~J~Q,~~iJ:i"\l'~gM~t-J,]i;!~~~J.~(~..JL'g.l.~~~?!<iJ\~,;~tt.' ','9~ri.lfi~ ~~~~~i~~,~:;;.1;;~:
Unit Amenities and Quality. Select All That Apply:
[8J Covered entries (1 point)
[8J Nine foot ceilings (1 point)
[8J Microwave ovens (1 point)
[8J Self-cleaning or continuous cleaning ovens
[8J Ceiling fixtures in all rooms (globe with ceiling fan in all bedrooms)
[8J Refrigerator with icemaker
[8J Laundry connections
o Storage room or closet, of approximately 9 square feet or greater, which does not include bedroom,
entryway or linen closets
o Laundry equipment (washers and dryers) in units
[8J Thirty year architectural shingle roofing
[8J Covered patios or covered balconies
[8J Covered parking (including garages) of at least one covered space per Unit
IZI 100% masonry on exterior, which can include stucco and cementious board products, excluding
efis
D Greater than 75% masonry on exterior, which can include stucco and cementious board products,
excluding efis
o Use of energy efficient alternative construction materials (structurally insulated panels) with wall
insulation at a minimum ofR-20
r2J R-15 Walls / R-30 Ceilings (rating of wall system)
r2J 12 SEER HV AC or evaporative coolers in dry climates
o Energy Star or equivalently rated Kitchen Appliances
Common Amenities. Select All That Apply:
IZIFull perimeter fencing with controlled gate access
DGazebo w/sitting area
DAccessible walking path
DConununity gardens
IZIConununity laundry room and/or laundry hook-ups in Units
[8JPublic telephone(s) available to tenants 24 hours a day
DA service coordinator office
IZIBarbecue grills and picnic tables - at least one for every 50 Units
rgJCovered pavilion wlbarbecue grills and tables
rgJSwinuning pool
DFurnished fitness center
rgJEquipped Business Center (computer and fax machine)
rgJGame/TV/Conununity room
DLibrary (separate from the community room)
DEnclosed sun porch or covered community porch/patio
DService coordinator office in addition to leasing offices
DSenior Activity Room (Arts and Crafts, Health Screening, etc.) - Only Qualified Elderly
Developments Eligible
DSecured Entry (elevator buildings only)
DHorseshoe or Shuffleboard Court - Only Qualified Elderly Developments Eligible
DConununity Dining Room w/full or warming kitchen - Only Qualified Elderly Developments
Eligible
rgJ Two Children's Playgrounds Equipped for 5 to 12 year aIds, two Tot Lots, or one of each - Only
Family Developments Eligible
~Sport Court (Tennis, Basketball or Volleyball) - Only Family Developments Eligible
DFurnished and staffed Children's Activity Center - Only Family Developments Eligible
20
~
TEXAS
DEPARTMENT OF HOUSING
AND COMMUNITY AFFAIRS
~"
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Timeline for the 2004 Housing Tax Credit (HTC) Cycle
FEBRUARY 2004
Monday, February 2
MARCH 2004
Monday, March 1
Friday, March 12
Results of HTC Pre-Application Round Released
Deadline for all final Applications to be submitted
General Application Meetings* begin (held every other Friday through
the end of the Application Cycle at the TDHCA headquarters in Austin)
Release submission log of all Applications received
APRIL 2004
April 5-16 (approximately)
Friday, April 30
Public Hearings on Applications
Last day for letters from qualified neighborhood associations to be
considered eligible for Quantifiable Community Participation
MAY 2004
Monday, May 31
Last day for letters to be received from local and state elected officials
representing constituents in areas that include the location of the
Development as it relates to the scoring evaluation of each application
JUNE 2004
June (dates uncertain)
Board meeting to review HTC recommendations and approve a list of
applications for allocations of tax credits (legislated for no later than June
30)
Release Application Log
Notify all applicants of any support/opposition received on their
application
Deadline for receipt of public comment that will be forwarded to the
Board.
JULY 2004
July (dates uncertain)
Board meeting: Board approval of final commitments for HTC (legislated
deadline is July 31)
*More information about specific dates, times and locations for these meetings will be released on the Department's
website at: www.tdhca.state.tx.us/lihtc.htm
OLD HIGHWAY 146 COMMI fTEE
P.o. Box 533
La Porte, TX 77572-0533 C '
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January 29,2004
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FEB 3'~
Norman L. Malone, Mayor
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
Dear Mayor Malone:
Our association is totally opposed to Bayforest Ranch, Ltd.'s proposed construction
of a low income residential community in La Porte.
We do not feel that subsidized low income housing is in any way beneficial to our
community. This type of development does nothing but attract elements to our
community that create problems and the facilities tend to reduce property values in
the surra nding area.
c,/ Ic/ ~L~l:
GI,,/ ld/\ 'VJi( 41J;
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Lanclos, Melisa
From:
Sent:
To:
Cc:
Subject:
Hernandez, James [JHernandez@andrewskurth.com]
Friday, January 30,200411 :19 AM
Joerns, John
Lanclos, Melisa; David Hawes (E-mail)
RE: Bond Counsel additional services
John --
Good to hear from you. 1) Yes -- the 10% discount will apply and 2)1 will email you the hourly rate
sched u Ie.
If you need anything else please let me know. Have a good weekend. JAH
-----Original Message-----
From: Joerns, John [mailto:JoernsJ@ci.la-porte.tx.us]
Sent: Thursday, January 29, 2004 9: 1 0 AM
To: Hernandez, James
Cc: Lanclos, Melisa; David Hawes (E-mail)
Subject: Bond Counsel additional services
I understand you are out of the office today and tomorrow. I left a message but decided to e-mail so
you would know what I was calling for.
James, your prediction was right on as to the need for additional services related to Bond Counsel.
The authority will need review of the interlocal agreements and development agreements relating to
reimbursements for certain eligible project costs. David Hawes will prepare drafts but they will need
review. I have discussed with Chairman Porter. At the Feb. 4th meeting I plan to get authorization to
for A1K to do so under the additional services paragraph for Bond Counsel. A couple of things-1) any
chance of the 10% discount? and 2) I am sure one or two of the board members would like to have
the hourly rate schedule attached to the authorization letter--- could you furnish?
Thanks and please call or email if you need to-John
1
Andrevvs Kurth LLP
Schedule of Standard Rates
January 1, 2004
Andrews Kurth LLP maintains a schedule of standard hourly rates, which is subject
to periodic revision. The schedule in effect as of January 1, 2004 is summarized as follows:
Associates: Entry to 1 $ 180
2 200 to 255
3 235 to 295
4 255 to 330
5 265 to 335
6 280 to 350
7 and Over 285 to 380
Partners: 350 to 655
Of Counsel: 250 to 600
Senior Attorneys: 190 to 450
Legal Assistants: 40 to 195
Briefing Clerks: 145 to 210
Andrews Kurth makes adjustments to standard rates at the beginning of each year. In
addition to our hourly fees, other charges may relate to such things as long distance
telephone services, facsimile and photocopy services, travel costs, delivery and messenger
services, special postage charges, filing and recording fees, computer-assisted research, data
retrieval and any disbursements we may make to other service providers such as local
counsel, expediting services, court reporters, expert witnesses and investigators.
Andrews Kurth LLP/l
HOU:2139337.2
ANDREWS KURTH LLP
PUBLIC FINANCE BILLING RATES
Robert M. Collie, Jr. $525
Partner
Gene L. Locke $475
Partner
Rick A. Witte $415
Partner
David Petruska $415
Partner
Kathryn V. Garner $415
Partner
Mark B. Arnold $390
Partner
Bob Griffo $390
Partner
Jerry V. Kyle $360
Partner
James A. Hernandez $355
Partner
Cheryl K. Rosenberg $350
Of Counsel
Charles M. Williams $340
Of Counsel
Greg Shields $300
Associate
Monica Coffey $285
Associate
Marcus Deitz $280
Associate
Margo M. White $245
Senior Attorney
ANDREWS & KURTH L.L.p.ll
HOU:2268638.1
Tanya A. Fischer $180
Associate
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Legal Assistant
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Legal Assistant
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