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HomeMy WebLinkAbout08-11-99 La Porte Reinvestment Zone Number One Reinvestment Zone Number One, La Porte, Texas La Porte Zone Board Minutes August 11, 1999 Board Members in Attendance: Alton Porter, Chairman Peggy Antone Deotis Gay Horace Leopard Guy Rankin Lindsay Pfeiffer David Webb Zone Staff: John Joems, Assistant City Manager David Hawes, Administrator Others In Attendance: Sue Gale, Citizen David Turkel, Economic Development Administrator for Harris County 1. Call to order The meeting was called to order by Chairman Alton Porter at 6:20 PM. Chairman Porter established that a quorum was present. 2. Consider approval or other action regarding a Project Plan and Reinvestment Zone Financing Plan for the Tax Increment Reinvestment Zone Number One, City of La Porte, Texas Mr. Hawes and Mr. Joerns gave a presentation on the changes that had been made with regard to the Project Plan and Reinvestment Zone Financing Plan (the "Plan"). A discussion was held concerning bond coverage and tax revenue risks, coordination of development with Planning and Zoning, wetlands and drainage issues, hotel/conference center financing and LPISD financing. Director Rankin arrives at 7:10 PM. On a motion made by Director Webb and a second by Director Pfeiffer, the board voted to approve the Project Plan and Reinvestment Zone Financing Plan with seven (7) votes yes, zero (0) votes no, and no (0) abstentions. 3. Staff Reports Staff handed out the following for the board and Mr. Turkel. ~ Board/Staff Contact List ~ Baytront Master Plan ~ South La Porte Ultimate Sanitary Sewer Improvements Map ~ Proposed Sanitary Sewer for New Development Map La Porte TIRZO 1 August II, 1999 Board Minutes 1 }> TIRZ Boundary Current Zoning }> TIRZ Boundary Current Land Use Map 4. Comments From Board of Directors The board members agreed to meet on Wednesday, August 25, 1999 at 6:00PM. 5. Adjournment. Upon a motion to adjourn the meeting at 7:30 PM by Director Webb and with a second by Director Antone, the board voted to adjourn the meeting with seven (7) votes yes, zero (O) votes no, and no (O) abstentions. APPROVED: Alton Porter Chairman, Tax Increment Reinvestment Zone Number One, La Porte, Texas ATTEST: Secretary, Tax Increment Reinvestment Zone Number One, City of La Porte, Texas La Porte TIRZOl August 11,1999 Board Minutes 2 AGENDA ITEM 3 ELECTION OF OFFICERS The Chair will receive nominations for election of officers for the Board of Directors of the Reinvestment Zone Number One, City of La Porte, Texas. Recommended positions are Vice Chairman, Secretary, and Two Assistant Secretaries. These positions will help provide coverage in case the Chairman is unable to attend a meeting and the Secretary is unavailable to attest documents. AGENDA ITEM 4 RECEIVE AND ACCEPT PRESENTATIONS, REPORTS, OR UPDATES FROM DIRECTORS OR CONSULTANTS. There is no material for this agenda item. AGENDA ITEM 5 DISCUSS AND TAKE APPROPRIATE ACTION WITH REGARD TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT AND REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS. Exhibits: 1. Interlocal Agreement Between City of La Porte, LPISD, and Reinvestment Zone Number One A key feature of a Tax Increment Reinvestment Zone is the Tax Participation Agreement between the City, the Board, and the participating taxing entities. La Porte Independent School District has been asked to participate in the TIRZ to a point that is revenue neutral. This means the District, under their funding formula, will not lose tax revenues that would normally go to their general fund. This agreement provides for LPISD participation at 100% of the tax increment attributable to LPISD. The approved Project and Reinvestment Zone Financing Plan estimates $0.86/100 valuation to be dedicated to non- educational project costs and $0.64/100 dedicated to educational project costs. The City Council will consider approving this Interlocal Agreement at their August 23, 1999 meeting and La Porte Independent School District will consider approval at their meeting on August 24, 1999. This agreement is currently being reviewed by legal counsel for both the City and La Porte Independent School District. Any changes should be minor and will be presented to City Council on Monday August 23, 1999. It is recommended that Board take action on this item tonight to reduce concern over future interpretations of State Law regarding particip~tion by school districts after August 31, 1999. AGENDA ITEM 6 OTHER MATTERS WHICH MAY PROPERLY COME BEFORE THE BOARD ~ Discuss future meeting dates and times ~ Staff Reports ~ Directors Comments ~ Other . l. i' THE STATE OF TEXAS ~ ~ KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS ~ lNTERLOCAL AGREEMENT LPARTIES A. Address THIS INTERLOCAL AGREEl\1ENT ("Agreement") is made by and between the CITY OF LA PORTE, TEXAS ("City"), a municipal corporation and home-rule city of the State of Texas principally situated in Harris County, a,cting by and through its governing body, the City Council; the LA PORTE INDEPENDENT SCHOOL DISTRICT ("LPISD"), located at 1002 San Jacinto Street, La Porte, Texas 77571; and REINVESTl\1ENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS ("La Porte Zone"), a reinvestment zone created by the City of La Porte pursuant to Chapter 311 of the Texas Tax Code, acting by and through its Board of Directors. This Agreement is made pursuant to Chapter 791 of the Texas Government Code and Section 311.013 of the Texas Tax Code. The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other parties, are as follows: City LPISD Superintendent or Designee La Porte Independent School District 1002 San Jacinto Street La Porte, Texas 77571 City Manager or Designee City of La Porte 604 West Fairmont Parkway P.o. Box 1115 LaPorte, Texas 77572-1115 . "t.. i' La Porte Zone La Porte Reinvestment Zone City of La Porte P. O. Box 1115 LAPORTE, Texas 77572-1115 Attn: John Joems B. Index The City, LPISD and the La Porte Zone hereby agree to the terms and conditions of this Agreement. This Agreement consists of the following sections: Section 1. Parties 1 n. Definitions 5 ill. Background 6 IV. Obligations ofLPISD 7 v. Obligations of City and La Porte Zone 11 VI. Term and Termination 14 VII. Miscellaneous 15 C. Parts Incorporated All of the above described sections and documents are hereby incorporated into this Agreement by this reference for all purposes. IN WITNESS HEREOF, the City, LPISD and the La Porte Zone have made and executed this Agreement in multiple copies, each of which is an original. AMJ\176718.1\INTERLOCAL AGRMI\LPISD\3668.4 '1. i' CITY OF LA PORTE Mayor Date City Manager Date ATTEST/SEAL: City Secretary Date APPROVED AS TO FORM: Assistant City Attorney Date LA PORTE INDEPENDENT SCHOOL DISTRICT President, Board of Trustees Date Secretary, Board of Trustees Date Superintendent of Schools Date AMJ\176718.1 IINTERLOCAL AGRMTILPISDI3668.4 f J: APPROVED AS TO FORM: Attorney Date REINVESTMENT ZONE NUMBER ONE CITY OF LA PORTE, TEXAS (La Porte Zone) By: Chairman, Board of Directors. Date ATTEST/SEAL: By: Secretary, Board of Directors Date [The remainder of this page is intentionally left blank.] AMJ\176718.1\INTERLOCAL AGRMIiLPISD\3668.4 :(', i' n. DEFINITIONS As used in this Agreement, the following terms shall have the meanings set out below: "Administrative Costs" means the costs of organizing the La Porte Zone, the costs of operating the La Porte Zone and the imputed administrative costs associated with the La Porte Zone, including reasonable charges, but not to exceed $25,000 each per year for the City and LPISD, for the time spent by employees ofthe City and LPISD in connection with the implementation of the project plan. "Agreement" means this agreement between the City, LPISD and the La Porte Zone. "Agreement Term is defined in Section VI. "Captured Appraised Value" means the captured appraised value of the La Porte Zone as defined by Chapter 311, Texas Tax Code. "City" is defined in Section I of this Agreement and includes its successors and assigns. "Educational Facilities" means the equipment, real property and other facilities including a public school building, that are used or intended to be used jointly by the City and LPISD and that are acquired, constructed or reconstructed pursuant to the Project Plan. "La Porte Area" means the La Porte area of the City and neighboring areas, as more particularly described in City of LA PORTE Ordinance No. 99-2325. "La Porte Zone" means Reinvestment Zone Number One, City of La Porte, Texas (La Porte), created by the City on May 24, 1999, expanded on August 9, 1999, and includes its successors and asSIgnS. AMJ\176718.1\INTERLOCAL AGRM1\LPISD\3668.4 'K l' .'~ "LPISD" is defined in Section I of this Agreement and includes its successors and assigns. "LPISD Tax Increment Participation" means the amount of the LPISD tax levy on the Captured Appraised Value which LPISD agrees to contribute to the La Porte Zone pursuant to Subsections A, B and C of Section IV of this Agreement. "Project Costs" means the costs identified as "project costs" in the Project Plan for the La Porte Zone. "Project Plan" means the project plan and the reinvestment zone financing plan for the La Porte Zone adopted by the board of directors of the La Porte Zone and approved by the City Council of the City on August 23, 1999, by Ordinance No. , and as may be further amended from time to time. "Tax Increment FundI! means the tax increment fund created by the City for the La Porte Zone. Otherwise, the terms used herein shall have the meanings ascribed to them in Chapter 311, Texas Tax Code, or the Texas Education Code, as applicable. ill. BACKGROUND By Ordinance No. 99-2325, adopted May 24, 1999, the City created the La Porte Zone for the purposes of development and redevelopment in the La Porte Area. The Board of Directors of the La Porte Zone adopted a project plan and reinvestment zone financing plan, which was approved by the City on August 23, 1999, by City of La Porte Ordinance No. _' The City currently contributes tax increments produced in the La Porte Zone to the Tax Increment Fund. LPISD desires to participate in the La Porte Zone in consideration for the agreements set forth below. LPISD hereby acknowledges receipt of notice of the initial creation of the La Porte Zone prior to May 31, 1999. AMJ\176718.1\INTERLOCAL AGRMr\LPISDI3668.4 , '. i' IV. OBLIGA nONS OF LPISD A. Tax Increment Participation by LPISD For and in consideration of the agreements of the parties set forth herein, and subject to the remaining subsections of this section, LPISD agrees to participate in the La Porte Zone by contributing one hundred percent (100%) of the tax increment produced in the La Porte Zone attributable to LPISD to the Tax Increment Fund during the term of this Agreement. B. Option to Reduce Participation In circumstances where there is not a loss caused by a change in law such that Section lYE. applies, upon written notice to the City, LPISD may reduce its LPISD Tax Increment Participation from year to year and for any tax year beginning in January of the year after the notice is given and subsequent years to a rate not less than $0.86 per $100 valuation. Any such reduction shall reduce the aggregate amount paid to LPISD for Educational Facilities Project Costs pursuant to Section yc. by the total aggregate amount of the reduction of tax increments paid to the City as a result of such reduction in the LPISD Tax Increment Participation. AMJ\176718.1\lNTERLOCAL AGRMT\LPISDI3668.4 < j. C. Tax Increment Limitation Subject to the limitations set out in this Agreement, the amount to be contributed by LPISD (the "LPISD Tax Increment Participation") is the amount of taxes collected by LPISD each year during the terms of this Agreement by levying a tax at a tax rate of$0.86 per $100 valuation on the Captured Appraised Value. If the LPISD tax rate is less than $0.86 per $100 valuation, then the LPISD Tax Increment Participation is the total amount of taxes collected by LPISD at the actual tax rate ofLPISD on the Captured Appraised Value. Taxes collected by LPISD on the Captured Appraised value as a result of an LPISD tax levy greater than the tax rate of $0.86 per $100 valuation shall be retained by LPISD. Taxes collected by LPISD in any year on actual Captured Appraised Value that exceeds the estimate of Captured Appraised Value for that year show in the Project Plan approved before September 1, 1999 shall be retained by LPISD. LPISD's Tax Increment Participation and obligation to participate in the La Porte Zone shall be restricted to its tax increment collected on the Captured Appraised Value in the La Porte Zone. LPISD shall not be obligated to pay its LPISD Tax Increment Participation from other LPISD taxes or revenues until the LPISD Tax Increment Participation in the La Porte Zone is actually collected. The obligation to pay the LPISD Tax Increment Participation shall accrue as taxes representing the LPISD tax increment are collected by LPISD and payment shall be due as provided in section 311.013(c) of the Texas Tax Code. Except as required by law, the City and the La Porte Zone agree that no interest or penalty will be charged to LPISD for any late payment received from LPISD. D. Shared Educational Facilities LPISD agrees that the City will be permitted to use the grounds and facilities of any Educational Facilities acquired, constructed or reconstructed with or financed by monies from the Tax AMJ\176718.1\INTERLOCAL AGRM1\LPISDI3668.4 : i' Increment Fund, and that LPISD and the City will negotiate use agreements for such use. LPISD will allow the City to use, at no cost to the City other than proportionate utility, maintenance and building personnel costs of LPISD, ball fields, tennis courts and other outdoor recreational areas, indoor recreational areas, lunchrooms, and other assembly areas of the Educational Facilities constructed with or financed by monies from the Tax Increment Fund for municipal recreational and meeting purposes, at all reasonable times to be agreed to by the City and LPISD that LPISD is not conducting school or other related activities at the facilities. LPISD shall identify annually for the City and the La Porte Zone those Educational Facilities that are required, constructed or reconstructed or financed with monies from any City Reinvestment Zone created pursuant to Chapter 311 of the Texas Tax Code. E. Changes in Applicable Laws Notwithstanding any other provision of this Agreement, in the event and to the extent that Texas law applicable to LPISD or tax increment reinvestment zones is changed subsequent to the effective date of this Agreement, or there is any interpretation, ruling, order, decree or court decision interpreting existing or subsequently enacted law applicable to LPISD or tax increment reinvestment zones, whether administratively by the Texas Education Agency, the Comptroller of Public Accounts of the State of Texas, the Attorney General of the State of Texas, or by a court of competent jurisdiction, with the result that the participation of LPISD in the La Porte Zone decreases the aggregate amount of the state and local funds available to or received in any school year by LPISD during the term of this Agreement that would otherwise be available to or received by LPISD in such school year if LPISD was not participating in the La Porte Zone during that year, as detennined by LPISD subject to the review by the City as to the accuracy of the calculations, LPISD's Tax Increment Participation shall, at the option of LPISD, be reduced in an amount equal to the amount of the AMJ\176718.1 \INTERLOCAL AGRMIiLPISD\3668.4 . t j. decrease in the aggregate state and/or local funding available to or received in that school year by LPISD during the term of this Agreement as a result of LPISD's participation in the La Porte Zone. "State and local funds" for purposes of this section are defined in chapters 41, 42 and 46 of the Education Code but do not include the amounts paid by LPISD into the Tax Increment Fund pursuant to this agreement. Additionally, without limiting the foregoing, if any such ruling or interpretation does not allow LPISD to exclude the value of new improvements to, or the increase in value of, properties located in the La Porte Zone after September 1, 1999, from the calculations for state funding purposes, then any such added value, at the option ofLPISD, shall not be included in the LPISD Tax Increment Participation. Nothing in the Section shall require the City or the La Porte Zone to pay LPISD Educational Facilities Project Costs with any funds other than the position of the Tax Increment Fund attributable to the LPISD Tax Increment Participation. For any LPISD fiscal year that LPISD intends to decrease its participation in the La Porte Zone pursuant to this Article, LPISD's calculation of the decrease will be provided to the City no later than 15 months following the end of such fiscal year, or six months following any such interpretation, ruling, order or decree, and the City shall have 2 months to review LPISD's calculations. If LPISD submits the calculation after the payment of its tax increment for the applicable year, the deductions shall be made from LPISD's future payments ofLPISD Tax Increment Participation. F. Expansion of La Porte Zone LPISD's participation shall not extend to the tax increment on any additional property added to the La Porte Zone by the City unless the Board of Trustees ofLPISD approves the participation. AMJ\176718.1IINTERLOCAL AGRMTILPISDI3668.4 G. Board of Directors LPISD shall have the unequivocal right to appoint to and maintain one (1) member on the La Porte Zone Board of Directors. Failure ofLPISD to appoint a person to the Board of Directors of the La Porte Zone by December 31, 1999, shall be deemed a waiver of LPISD's right to make an appointment. LPISD may also appoint and maintain as many nonvoting ex officio members on the La Porte Board of Directors as LPISD may desire. v. OBLIGA nONS OF CITY AND La Porte ZONE A. Street Right of Way To the extent requested by LPISD, the City and the La Porte Zone agree that monies from the Tax Increment Fund shall be used, at no cost to LPISD, to pay to the City the following costs that otherwise would be incurred by LPISD with respect to the construction and operation of any educational facilities constructed by or on behalf of LPISD in the La Porte Zone pursuant to the Project Plan: (a) the cost of abandonment of any street right of way by the City on behalf ofLPISD and (b) the cost of water and sewer utility connections and construction outside the boundaries of LPISD property (collectively, "School Support Expenses"). The City shall use the proceeds obtained from payments made pursuant to the preceding sentence for infrastructure improvements or other projects identified in the La Porte Zone Project Plan. B. Project Plan The parties agree that the Superintendent of Schools of LPISD shall be permitted to review and comment upon any amendments to the La Porte Zone Project Plan before the amendments are submitted to the City Council for City approval. Any La Porte Zone Project Plan shall provide Educational Facilities Project Costs for LPISD Educational Facilities within the La Porte Zone or the AMJ\116118. I \INTERLOCAL AGRMI\LPISDI3668.4 .f i' City. The parties further agree that an amendment to the Project Plan occuning after September 1, 1999, shall not apply to LPISD unless the Board of Trustees ofLPISD or its duly authorized designee approves the amendment to the Project Plan, if the amendment to the Project Plan: 1. has the effect of directly or indirectly increasing the percentage or amount of tax increment to be contributed by LPISD; 2. requires or authorizes the City to issue additional tax increment bonds or notes; or 3. eliminates or reduces Educational Facilities Project Costs. In the event the City and the La Porte Zone amend the Project Plan to provide for any portion of the Tax Increment Fund to be used for costs of elementary or secondary school facilities for any entity other than LPISD without the prior consent of the Board of Trustees of LPISD, LPISD shall have the right to terminate this agreement. The City and the La Porte Zone shall not use any portion of the LPISD Tax Increment Participation for the construction, renovation, repair, maintenance, lease, purchase or financing of any educational facilities serving postsecondary students without the prior written approval of the LPISD Superintendent of Schools, but may use the Tax Increment Participation contributed by participating taxing units other than LPISD for such purposes, provided that a taxing unit providing educational services to postsecondary students in such educational facilities contributes 100 percent of its tax increment produced in the La Porte Zone to the Tax Increment Fund from the date of its participation until the termination of the La Porte Zone. C. Financing and Construction of Educational Facilities A portion of the LPISD Tax Increment Participation equal to the amount of taxes collected by LPISD each year during the term of this Agreement by levying a tax at a rate of $0.86 per $100 AMJ\176718.I\INTERLOCAL AGRM1\LPISD\3668.4 t j. valuation on the Captured Appraised Value, and interest earned thereon, shall be applied to the payment of non-educational facilities Project Costs, including Administrative Costs and School Support Expenses. The remaining portion of the LPISD Tax Increment Participation, and interest earned thereon, shall be paid to LPISD by the City, the La Porte Zone or the LaPorte Redevelopment Authority on an annual basis to be used by LPISD for Educational Facilities Project Costs, within the La Porte Zone or the City. All funds paid to LPISD pursuant to this Section V. C. shall come from the La Porte Zone LPISD Tax Increment Participation. Neither the City nor the La Porte Zone shall ever be obligated to set aside for or pay to LPISD any funds' other than LPISD's portion of funds derived from the La Porte Zone, nor shall the City or the La Porte Zone ever be obligated to expend any funds other than funds made available by LPISD after payment pursuant to this Section V.C. to finance, acquire, construct or reconstruct any Educational Facilities Projects Costs. D. Control of Educational Facilities The parties agree that all decisions regarding location, acquisition, construction, reconstruction and educational content of LPISD educational facilities in or to serve the La Porte Zone will be in the control of LPISD. Nothing in this subsection shall be construed to relieve LPISD of the obligation to comply with all City ordinances and regulations applicable to the construction and operation of any educational facility by or on behalf ofLPISD. AMJ\\767\8.\ \INTERLOCAL AGRM1\LPISD\3668.4 t J' .'~ VI. TERM AND TERMINATION A. Agreement Term This Agreement shall be effective as of August 31, 1999, and shall remain in effect until December 31,2030, provided that LPISD shall have the option to terminate this Agreement effective December 31,2018 by giving the City 30 days prior written notice ofLPISD's intention to terminate. The first payment of increment taxes by LPISD under this Agreement shall be for those taxes levied by LPISD in the year 2000 and the last payment by LPISD under this Agreement is for those taxes levied by LPISD in the year 2029. B. Early Termination The City shall not adopt an ordinance terminating the La Porte Zone earlier than the duration of the La Porte Zone established in Ordinance No. 99-2325, without the prior consent of LPISD, provided that the La Porte Zone may otherwise terminate by operation oflaw. C. Disposition of Tax Increments Upon termination of the La Porte Zone, and if all Project Costs have been paid, the City and the La Porte Zone shall pay to LPISD all monies including interest earned thereon remaining in the Tax Increment Fund that are attributable to the LPISD Tax Increment Participation paid into the Tax Increment Fund and shall pay to the City all monies, including interest earned thereon, then remaining in the Tax Increment Fund attributable to the City. AMl\176718.1 \INTERLOCAL AGRMT\LPISD\3668.4 I i'<'J vn. MISCELLANEOUS A. Severability In the event any tenn, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other tenn, covenant or condition herein contained, provided that such invalidity does not materially prejudice either LPISD, the City or the La Porte Zone in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. In the event any tenn, covenant or condition shall be held invalid and affects in any manner the limitations on LPISDs contributions or participation, then this Agreement shall be void as to LPISD and LPISD shall have no liability for any incremental or other payments as may otherwise be provided for in this Agreement. B. Entire Agreement This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. c. Written Amendment Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. AMJ\176718.1\INTERLOCAL AGRMI\LPISD\3668.4 . ,I .1' D. Notices All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed in Section I of this Agreement or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. E. Non-Waiver Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. F. Assignment No party shall assign this Agreement at law or otherwise without the prior written consent of the other parties. No party shall delegate any portion of its performance under this Agreement without the written consent of the other parties. G. Successors This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or of any trustee, officer, agent or employee ofLPISD. AMJ\176718.1\INTERLOCAL AGRMIlLPISDI3668.4 .1 ,: H. No Waiver of Immunity No party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees, officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. AMJ\176718.1 \lNrERLOCAL AGRMI\LPISD\3668.4