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HomeMy WebLinkAbout08-04-04 Meeting of the Tax Increment Reinvestment Zone Number One minutes Reinvestment Zone Number One City of La Porte, Texas Minutes of the Board Meeting Held August 4, 2004 1. CALL TO ORDER A..'IlD DETER~,HNA nON OF A QUORUM The Board of Directors of Reinvestment Zone Number One, City of La Porte, Texas, held a meeting, open to the public, on the 4th day of August, 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 11 Meza 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 Director Antone and Director Pfeiffer, thus constituting a quorum. Also present at the meeting were John Joerns, David Hawes, and Scott Bean. A quorum having been established, Chairman Porter called the meeting to order at 7:35 p.m. 2. CONSENT AGENDA a. Consider approval of the minutes of the May 5, 2004 board of directors meeting b. REVIEW AND APPROVE RENEWAL OF SERVICE AGREE.'YIENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS, TAX INCREMENT REINVEST!vIENT ZONE NUMBER ONE, LA PORTE, TEXAS AND THE LA PORTE REDEVELOPMENT AUTHORITY, LA PORTE, TEXAS c. RECEIVE AND TAKE APPROPRIATE ACTION ON DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS, TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, LA PORTE, TEXAS AND THE LA PORTE REDEVELOPMENT A UTHORlTY, LA PORTE, TEXAS AND A RETE REAL ESTA TE AND DEVELOPMENT d. STAFF UPDATES Upon a motion duly made by Director Larson and being seconded by Director Pool, the board voted unanimously to adopt and approve all actions in the same manner and form as those taken by the La Porte Redevelopment Authority at its meeting on August 4, 2004. 3. ADJOURN The meeting was adjourned at 7:40 p.m. SIGNED ~ LY~ TITLE t!.hl1j.f~r.5~ DATE: tJ-~;2 -/) t/ ATTEST: TITLE: DATE: 4'- ,:}-d -b lj NOTE: TIRZ Agenda backup provided with La Porte Redevelopment Authority Agenda . ~Q~~ . , . e . TAX INCREMENT REINVESTMENT ZONE NUMBER ONE STATE OF TEXAS )( COUNTY OF HARRIS )( CITY OF LA PORTE )( NOTICE IS HEREBY GIVEN OF A MEETING OF THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE TO BE HELD ON AUGUST 4,2004 AT 6:30 P.M. AT LA PORTE CITY HALL COUNCIL CHAMBERS, 604 WEST FAlRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: 1. CALL TO ORDER - At TON PORTER, CHAIRPERSON 2. CONSIDER APPROVAL OF MINUTES OF THE MAY 5, 2004 BOARD OF DIRECTORS MEETING 4. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A BOARD MEMBER FOR DISCUSSION · ENTERTAIN A MOTION AND A SECOND TO APPROVE THE TIRZ ITEMS IN THE SAME FORM AND MANNER AS WAS APPROVED IN THE PREVIOUS REDEVELOPMENT AUTHORITY MEETING - ALTON PORTER, CHAIRPERSON A. REVIEW AND APPROVE RENEWAL OF SERVICE AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS, TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, LA PORTE ,TEXAS AND THE LA PORTE REDEVELOPMENT AUTHORITY, LA PORTE, TEXAS B. RECEIVE AND TAKE APPROPRIATE ACTION ON DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, LA PORTE, TEXAS, LA PORTE REDEVELOPMENT AUTHORITY, LA PORTE, TEXAS AND ARETE REAL ESTATE DEVELOPMENT C. STAFF UPDATES · RESIGNATION OF LINDSAY PFEIFFER . UPDATE ON OTHER DEVELOPMENT WITHIN THE TIRZ D. BOARD MEMBER COMMENTS E. ADJOURNMENT THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION. A POSSIBLE QUORUM OF CITY COUNCILMEMBERS MAY BE PRESENT AT THIS MEETING AND PARTICIPATE IN DISCUSSIONS BUT WILL NOT TAKE ANY ACTION. {~ Martha A. Gillett, TRMC City Secretary Date Posted e e Reinvestment Zone Number One City of La Porte, Texas Minutes of the Board Meeting Held May 5, 2004 1. CALL TO ORDER AND DETERMINATION OF A QUORUM The Board of Directors of Reinvestment Zone Number One, City of La Porte, Texas, held a meeting, open to the public, on the 5th day of May, 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, thus constituting a quorum. Also present at the meeting were John Joems, David Hawes, Michael Dolby, and Kathy Powell. A quorum having been established, Chairman Porter called the meeting to order at 7:47 p.m. 2. CONSENT AGENDA a. Consider approval of the minutes of the February 4. 2004 board of directors meeting b. Review annual audit for La Porte Tax Increment Reinvestment Zone Number One Fund FYending September 30. 2003 c. Receive and review Activity Report for 2003 tax year d. Administrative Reports Upon a motion duly made by Director Pfeiffer and being seconded by Director Helmlinger, the board voted unanimously to adopt and approve all actions in the same manner and form as those taken by the La Porte Redevelopment Authority at its meeting on May 5, 2004. 3. ADJOURN The meeting was adjourned at 7:48 p.m. TITLE: SIGNED: Q~.J~_:Y~ (' h/J J'/Pf fqf) ff"~" at{ A TrEST: TITLE: DATE: DATE: ~.. L/ -at.{ . . e . NOTE: TIRZ Agenda backup provided with La Porte Redevelopment Authority Agenda . . ...-----.- -.-.------..- --... l t),~, ~ . . . e e LA PORTE REDEVELOPMENT AUTHORITY STATE OF TEXAS )( COUNTY OF HARRIS )( CITY OF LA PORTE )( NOTICE IS HEREBY GIVEN OF A MEETING OF THE LA PORTE REDEVELOPMENT AUTHORITY TO BE HELD ON MAY 5, 2004 AT 6:30 P.M. AT LA PORTE CITY HALL COUNCIL CHAMBERS, 604 WEST F AIRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: 1. CALL TO ORDER - ALTON PORTER, PRESIDENT 2. CONSIDER APPROVAL OF THE MINUTES OF THE FEBRUARY 4, 2004 BOARD OF DIRECTORS MEETING 3. REVIEW ANNUAL AUDIT FOR LA PORTE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE FUND FY ENDING SEPTEMBER 30, 2003 4. RECEIVE AND REVIEW ACTIVITY REPORT FOR 2003 TAX YEAR 5. ADMINISTRATIVE REPORTS . RE-ZONING REQUEST WITHIN THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE . LEITER TO DAVID TURKEL, HARRIS COUNTY HOUSING AUTHORITY, REGARDING BA YFOREST RANCH, LTD . UPDATE ON DEVELOPMENT WITHIN LA PORTE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE 6. BOARD MEMBER COMMENTS 7. ADJOURNMENT THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION. Martha A. Gillett, TRMC City Secretary Date Posted T:\Forms, Policies & Manuals\CSO\Forms\Council\SAMPLE AGENDA OF REGULAR AND WORKSHOP.doc e e . AGENDA ITEM 2: APPROVE MINUTES OF THE FEBRUARY 4, 2004 MEETING . . e e La Porte Redevelopment Authority City of La Porte, Texas Minutes of the Board Meeting Held February 4, 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 4th day of February 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 AIton Porter Horace Leopard Norman S. Cook Lindsey Pfeiffer Molly Helmlinger Chester Pool 11 Meza 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 Director Larson and Director Antone, thus constituting a quorum. Also present at the meeting were John Joerns, David Hawes, and Debra Feazelle. 2. Consider approval of the Minutes of the meeting held January 14, 2004 Upon a motion duly made by Director Helmlinger and being seconded by Director Cook, the board unanimously approved the Minutes of January 14,2004. 3. Consider approval or other action retaining Andrews Kurth, LLP to perform additional services relating to bond counsel services. Mr. Joems discussed the need for additional services related to development agreements by and between the Authority, the TIRZ and developer. The additional services were necessary for documenting costs for future bond sales. Upon a motion duly made by Director Pfeiffer and being seconded by Director Meza, the board unanimously approved the Additional Services Agreement with Andrews Kurth, LLP. 4. Discuss status of proposed development within the Tax Increment Reinvestment Zone. Mr. Joerns discussed potential development activity within the Zone. He described a warehouse project on the west side of Highway that is currently under contract with a possible closing in the next 45 days. The first warehouse would comprise 225,000 square foot of space with a possible construction start date of June. There is an option for an additional 2 warehouses of equal size. Mr. Joerns noted that staffis still working on the residential development proposed for the east side of Highway 146. Staff is trying to develop alternative infrastructure options with regard to the proposed development. 5. Administrative Reports . La Porte References in Bay Area Houston Economic Partnership Newsletter . Review correspondence Mr. Joems reviewed with the board the newsletter and its content with relation to La Porte. Also, Mr. Joems shared with the board recent correspondence with regard to affordable housing projects and their possible impact on the TIRZ. 6. Board member Comments Director Pfeiffer indicated that he might be leaving La Porte within the next two months. e e 7. Adjournment The board chair adjourned the meeting at 7:07 PM. SIGNED'~Y~ ATIm~t2a TITLE: DATE: c.h ~\ ('Wi t:>'tJ TITLE: Sa:r2:Effid 0$.oS.04 ~.DS.oLf DATE: e e . AGENDA ITEM 3: ANNUAL AUDIT FOR TIRZ FUND FY ENDING SEPTEMBER 30, 2003 The Redevelopment Authority [Bylaws and Tri-Party Agreement] provides for an annual audit of the TIRZ fund. The audit of the TIRZ fund for FY ending September 30, 2003 is contained within the City's Comprehensive Annual Financial Report (CAFR). The attached pages are excerpts from the CAFR, which review the TIRZ fund. . . e . . CITY OF LA PORTE COMPREHENSIVE ANNUAL FINANCIAL REPORT For the fiscal year ended September 30, 2003 . . Prepared by: Department of Finance . . . e e COMBINING FINANCIAL STATEMENTS NONMAJOR GOVERNMENTAL FUNDS Special Revenue Funds Special revenue funds are used to account for specific revenues that are legally restricted to expenditure for particular purposes. Community Investment Fund - This fund is used to account for funds received and expended on community beautification and revitalization programs. Hotel I Motel Occupancy Tax Fund - This fund is used to account for the accumulation of resources from the Hotel/Motel Tax assessment levied by the City. These monies are to be spent to promote the development or progress of the City within the guidelines set forth on disposition of revenues collected under the authority of the Texas Hotel Occupancy Act (Article 1269; Vernon's Texas Civil Statutes). Section 4B Sales Tax Fund - This fund is used to account for the % cent sales tax collected that is specifically dedicated to promote new or expanded business enterprises and various other community projects as described in Section 4B of Article 5190.6. Tax Increment Reinvestment Zone One Fund (TIRZ) - This fund is used to account for the disposition of property taxes collected on specific parcels within the boundaries of the TIRZ for the exclusive benefit of the City's capital improvement programs. Capital Projects Funds Capital projects funds are used to account for the acquisition and construction of major capital facilities other than those financed by proprietary funds. Transportation and Other Infrastructure Fund - This fund is used to account for the construction and expansion of roads, bridges. sidewalks and other major infrastructure capital improvements. 1998 General Obligation Bonds Fund - This fund is used to account for the proceeds and expenditures related to drainage and street improvements throughout the City. 2000 Certificate of Obligation Bonds Fund - This fund is used to account for the proceeds and expenditures for construction of the community library. 2000 General Obligation Bonds Fund - This fund is used to account for the proceeds and expenditures for construction to renovate the city hall building, public swimming pool and two fire stations. 71 . e e CITY OF LA PORTE, TEXAS Combining Balance Sheets Nonmajor Governmental Funds September 30,2003 Special Revenue Funds Hotel/Motel Tax Increment Community Occupancy Section 48 Reinvestment Investment Tax Sales Tax Zone One (TIRZ) Totals ASSETS Cash and cash equivalents $ 332,595 $ 589,608 $ 1,913,156 $ 121,383 $ 2,956,742 Investments . 74,449 131,978 428,243 27,170 661,840 Taxes receivable 154,972 154,972 Accrued interest receivable 522 928 3,011 197 4,658 Total assets 407,566 722,514 2,499,382 148,750 3,778,212 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable 3,431 3,371 164 310 7,276 Fund Balances: ReselVed for. Capital projects UnreselVed 404,135 719,142 2,499,218 148,440 3,770,935 Total fund balances 404,135 719,142 2.499,218 148,440 3,770,935 . Total liabilities and fund balances $ 407,566 $ 722,513 $ 2.499,382 $ 148,750 $ 3,778,211 . 72 e e . Capital Projects Funds Transportation 1998 General 2000 Certificate 2000 General Total Nonmajor & Other Obligation of Obligation Obligation Governmental Infrastructure Bonds Bonds Bonds Totals Funds $ 1,251,527 $ 1,294,031 $ 336,908 $ 322.813 $ 3,205,279 $ 6,162,021 280.143 289,658 1.159 55,402 626,362 1,288,202 154,972 1,969 2.036 8 390 4,403 9,061 1,533.639 1.585.725 338,075 378,605 3,836,044 7,614,256 1,648 25.720 25.758 53,126 60,402 1.584.077 312,355 352,847 2.249,279 2,249,279 1,533.639 1,533,639 5,304,574 1,533,639 1.584.077 312.355 352,847 3.782,918 7,553.853 . $ 1,533,639 $ 1,585,725 $ 338,075 $ 378,605 $ 3.836,044 $ 7,614.255 . 73 . CITY OF LA PORTE. TEXAS Combining Statement of Revenues. Expenditures. and Changes in Fund Balances Nonmajor Governmental Funds For the Year Ended September 30, 2003 e e Special Revenue Funds Hotel/Motel Tax Increment Community Occupancy Section 48 Reinvestment Investment Tax Sales Tax Zone One (TIRZ) Totals REVENUES Property taxes $ $ $ $ 20,218 $ 20,218 Sales taxes 921,625 921.625 Other taxes 234.630 234,630 Interest 8,064 10,333 34,209 2,159 54.765 Total revenues 8,064 244,963 955,834 22,377 1.231,238 EXPENDITURES Current: Administration 27,403 91,023 11,682 130,108 Capital Outlay 17,077 62,645 2.761 82,483 Total expenditures 27,403 108,100 62.645 14,443 212,591 Excess (deficiency)" of revenues over expenditures (19,339) 136.863 893,189 7,934 1.018,647 . OTHER FINANCING SOURCES (USES) Transfers in Transfers out (300,000) (55,000) (743,500) (1.098,500) Total other financing sources (uses) (300,000) (55,000) (743.500) (1.098,500) Net change in fund balances (319,339) .81,863 149.689 7,934 (79,853) Fund balances-beginning 723,474 637,279 2,349,529 140,506 3,850.788 Fund balances-ending $ 404,135 $ 719,142 $ 2,499,218 $ 148,440 $ 3,770.935 . . e e CITY OF LA PORTE, TEXAS Tax Increment Reinvestment Zone One Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual For the Year Ended September 30,2003 . R? . . . e e DRAFT May 6, 2004 David Turkel Harris County Economic Development Administrator 1310 Prairie, Suite 550 Houston, Texas 77002-2042 RE: Interlocal Agreement City of La Porte / Tax Increment Reinvestment Zone Number One (TIRZ) Dear Mr. Turkel: Per terms of the Interlocal Agreement, attached is the La Porte Tax Increment Reinvestment Zone Number One Comprehensive Annual Financial Report (CAFR) for fiscal year ended September 30,2003. The Board reviewed and accepted the audit at the May 5, 2004 TIRZ Board Meeting. Also, enclosed for your information are the calculations of tax increments due the zone by the City of La Porte and La Porte Independent School District for the 2003 Tax Year. Should you have any questions or comments regarding the report or any other issues, please feel free to give me a call. Sincerely, John Joems Assistant City Manager Enclosures c: Dick Raycraft, Director of Ha. Co. Mgmt. Services David Hawes, Consultant Alton Porter, Chairman . . . e e DRAFT May 6, 2004 Mr. Dick Raycraft, Director Harris County Department of Management Services 1001 Preston, Ninth Floor Houston, Texas 77002 RE: Interlocal Agreement City of La Porte / Tax Increment Reinvestment Zone Number One (TIRZ) Dear Mr. Raycraft: Per terms of the Interlocal Agreement, attached is the La Porte Tax Increment Reinvestment Zone Number One Comprehensive Annual Financial Report (CAFR) for fiscal year ended September 30,2003. The Board reviewed and accepted the audit at the May 5, 2004 TlRZ Board Meeting. Also, enclosed for your information are the calculations of tax increments due the zone by the City of La Porte and La Porte Independent School District for the 2003 Tax Year. Should you have any questions or comments regarding the report or any other issues, please feel free to give me a call. Sincerely, John Joems Assistant City Manager Enclosures c: David Turkel, Ha. Co. Ec. Dev. Administrator David Hawes, Consultant Alton Porter, Chairman . . . e e AGENDA ITEM 4: ACTIVITY REPORT FOR 2003 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: Background - Tax Year 2002 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 codings 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 (Tax Increment Reinvestment Zone Number One) has not yet received Harris County's Activity Report for Tax Year 2003. . . . e e Calculation of the Amount of Taxes Due the Tax Increment Reinvestment Zone # 1, La Porte, TX By the La Porte ISO For the 2003 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) 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 2 Calculation of the Captured Appraised Value a Total Taxes Billed on Property Located in the TIRZ b Divided by the ISO's Tax Rate c Equals the Total Appraised Value for the Current Year d Less the Tax Increment Base (1999) Value e Equals the Captured Appraised Value 3 Calculation of the Amount Due the TIRZ by the ISO a Captured Appraised Value b Times ISO's Tax Rate c Equals Total Taxes applicable to the Captured Appraised Value d Times the ISO's Collection Rate e Equals the Total Taxes due the TIRZ by the La Porte ISO 4 Breakdown of How ISO Taxes are Applied a Equals the Total Taxes Oue 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) c.~y e Difference is rate for Education Facilities Projects ~D 4/21/2004 $119,648.33 $18,790.22 $0.0168 $119,648.33 $18,790.22 $100,858.11 $119,648.33 84.30% $119,648.33 $0.0168 7,121,924 6,346,840 775,084 775,084 $0.0168 $13,021.42 84.30% $10,976.46 - .-- ---, ~--~ . ' ,.;~ ' - $10,97.6.46 ~_...--' $0.0168 ~34~ ~ $5iI91?6::::x// .~$5,185.20 -----. -. .-. . .~ . ' . . . e e 4/21/2004 Calculation of the Amount of Taxes Due the Tax Increment Reinvestment Zone # 1, La Porte, TX By the City of La Porte For the 2003 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) $50,845.84 $7,899.84 $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 $50,845.84 $7,899.84 $42,946.00 $50,845.84 84.46% 2 Calculation of 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 $50,845.84 $0.0071 7,161,386 6,362,980 798,406 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 798,406 $0.0071 $5,668.68 84.46% - $4,787.95 . . . e . AGENDA ITEM 5: ADMINISTRA TIVE REPORTS Re-zoning request within the TIRZ oRe-zoning Request from Planned Unit Development (PUD) to General Commercial (GC) for 3.0 Ac at the southeast comer of Wharton Weems Blvd. at SH146 was denied by City Council on March 22, 2004. o SCUP Request for 28.43 Ac south of McCabe Road at SH146 was denied by City Council on April 26, 2004. Letter to Harris County Housing Authoritv o During a City Council Workshop Meeting of April 12, 2004, Mr. David Turkel stated the Harris County Housing Authority would enter into an agreement to make payments in- lieu of taxes for the two projects Harris County Housing Authority was involved in. (Note: HB3546 sets forth the method of appraisal as the income approach) Update on development with the TIRZ o To be provided at the meeting. . e e b~: lYp;iC-, II {2c. (!,iJ NF City of La Porte. Established 1892 March 31 , 2004 David Turkel, Administrator . Harris County Housing & Economic Development 1310 Prairie, Suite 550 Houston, TX 77002 Via Facsimile Regular Mail RE: Bayforest Ranch, Ltd. . Fair Mist Apartments, Ltd. Dear Mr. Turkel, As these projects progressed through staff and Planning and Zoning Commission review, the City learned more about Harris County Housing Authority's proposed participation and ownership of these two projects. . Per our conversation yesterday, one area of concern express~d is the lost tax revenue if these projects are approved and Harris County becomes the owner. This concern is amplified for the proposed Bayforest Ranch, which is located within the City's Tax Increment Reinvestment Zone Number One. You indicated that Harris County has, on occasion, agreed to make payments in.lieu of taxes to compensate for lost tax revenues. If you would like to provide more information and assurances regarding the County's willingness to make in-lieu payments, I will gladly forward the material to City Council, Planning and Zoning Commission and the TIRZ Board. If you prQvide more information, please confirm the potential for in-lieu payments for each project and each taxing authority (City, LPISD and Harris County). Based on our conversation, it is my understanding the County would only compensate the City's lost tax revenue. Presently, the Fair Mist Apartments rezoning request is scheduled to be in front of City Council on April 26, 2004. The Bayforest Ranch project has recently withdrawn their request for consideration by the Planning and Zoning Commission. At this time we do not know if or when they will re-apply. ---........... . JJ/ml c: Debra B. Feazelle, City Manager Dr. Molly Helmlinger, LPISD Superintendent 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 e e TAX INCREMENT REINVESTMENT ZONE NUMBER ONE STATE OF TEXAS )( COUNTY OF HARRIS )( CITY OF LA PORTE )( NOTICE IS HEREBY GIVEN OF A MEETING OF THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE TO BE HELD ON MAY 5, 2004 AT 6:30 P.M. AT LA PORTE CITY HALL COUNCIL CHAMBERS, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: 1. CALL TO ORDER - ALTON PORTER, CHAIRPERSON 2. CONSIDER APPROVAL OF MINUTES OF THE FEBRUARY 4, 2004 BOARD OF DIRECTORS MEETING 4. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A BOARD MEMBER FOR DISCUSSION · ENTERTAIN A MOTION AND A SECOND TO APPROVE THE TIRZ ITEMS IN THE SAME FORM AND MANNER AS WAS APPROVED IN THE PREVIOUS REDEVELOPMENT AUTHORITY MEETING - ALTON PORTER, CHAIRPERSON A. REVIEW ANNUAL AUDIT FOR LA PORTE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE FUND FY ENDING SEPTEMBER 30, 2003 B. RECEIVE AND REVIEW ACTIVITY REPORT FOR 2003 TAX YEAR C. ADMINISTRATIVE REPORTS · RE-ZONING REQUEST WITHIN THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE · LEITER TO DAVID TURKEL, HARRIS COUNTY HOUSING AUTHORITY, REGARDING BAYFOREST RANCH, LTD · UPDATE ON DEVELOPMENT WITHIN LA PORTE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE D. BOARD MEMBER COMMENTS E. ADJOURNMENT THIS FACILITY HAS DISABILITY ACCOMMODA TrONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION. Martha A. Gillett, TRMC City Secretary Date Posted T:\Forms, Policies & Manuals\CSO\Forms\Council\SAMPLE AGENDA OF REGULAR AND WORKSHOP.doc e . La Porte Tax Increment Reinvestment Zone Number One, City of La Porte, Texas lVfinutes of the Board Meeting Held February 4, 2004 1. CALL TO ORDER AJ'ID DETERi\UNATJON OF A QUORUM The Board of Directors of the Tax Increment Reinvestment Zone Number One, City of La Porte, Texas, held a meeting, open to the public, on the 4th day of February 2004, 7:07 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 Nonnan S. Cook Lindsey Pfeiffer Molly Helmlinger Chester Pool John Meza 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 Director Larson and Director Antone, thus constituting a quorum. Also present at the meeting were John Joerns, David Hawes, and Debra Feazelle. 2. CONSIDER ApPROVAL OF MINUTES OF THE MEETING HELD JANUARY 14,2004 Upon a motion duly made by Director Pfeiffer and being seconded by Director Cook, the board unanimously approved the Minutes of January 14,2004. 3. CONSENT AGENDA A. Consider approval or other action retaining Andrews Kurth, LLP to perform additional services relating to bond counsel services. B. Discuss status of proposed development within the Tax Increment Reinvestment Zone. C. Administrative Reports . La Porte References in Bay Area Houston Economic Partnership Newsletter D. Board Member Comments E. Adjournment Upon a motion duly made by Director Helmlinger and being seconded by Director Pool, the board unanimously approved the Agenda Items in same manner and form as approved in the Redevelopment authority board Meeting and adjourned at 7:09 PM. SIGNED: ~~.~ ATTEST:~!2a Q.h Cl \ rZJV\ ~)0 TITLE: s;. EeJ2.tT~~ C>~.D<,ai TITLE: DATE: (~t~, C)~, a~ DATE: e e NOTE: TIRZ Agenda backup provided with La Porte Redevelopment Authority Agenda . . - .--- -.. ------ ---- -- - - - ~~~~ lOl)L\ e e LA PORTE REDEVELOPMENT AUTHORITY STATE OF TEXAS )( COUNTY OF HARRIS )( CITY OF LA PORTE )( NOTICE IS HEREBY GIVEN OF A MEETING OF THE LA PORTE REDEVELOPMENT AUTHORITY TO BE HELD ON FEBRUARY 4, 2004 AT 6:30 P.M. AT LA PORTE CITY HALL COUNCIL CHAMBERS, 604 WEST FAlRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: I. CALL TO ORDER - ALTON PORTER, PRESIDENT 2. CONSIDER APPROVAL OF THE MINUTES OF THE JANUARY 14,2004 BOARD OF DIRECTORS MEETING 3. CONSIDER APPROVAL OR OTHER ACTION RETAINING ANDREWS/KURTH, LLP TO PERFORM ADDITIONAL SERVICES RELATING TO BOND COUNSEL SERVICES 4. DISCUSS STATUS OF PROPOSED DEVELOPMENT WITHIN THE TAX INCREMENT REINVESTMENT ZONE 5. ADMINISTRATIVE REPORTS . LA PORTE TIRZ REFERENCES IN BAY AREA HOUSTON ECONOMIC PARTNERSHIP NEWSLETTER . REVIEW CORRESPONDENCE 6. BOARD MEMBER COMMENTS 7. ADJOURNMENT If during the course of the meeting covered by this agenda the Board should determine that a closed or executive meeting or session of the Board should be held or is required in relation to an item noticed in this agenda, then such closed or executive meeting or sessions authorized by the Open Meetings Law, Chapter 551, Texas Government Code; will be held by the Board at that date, hour and place given in the meeting notice or as soon after the commencement of the meeting covered by the meeting notice as the Board may conveniently meet in such closed or executive meeting or session concerning any and all subjects and for any and all purposes permitted by Sections 551.071 through 551.076, and 551.086 of said Open Meetings Law, including, but not limited to: Section 551.071 - For the pwpose ofa private consultation with the Board's attomey on any subject or matter authorized bylaw. Section 551.072 - For the purpose of deliberating the purchase, exchange, lease or value of real property. Section 551.073 - For the pwpose of deliberating a negotiated contract for a prospective gift or donation to the City. e e Section 551.074 - For the purpose of deliberating the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee, unless the officer or employee requests a public hearing. Section 551.075 - for the purpose of conferring with an employee or employees of the City, only for the purpose of receiving information from the employee or employees or to ask questions of the employee or employees; provided, however, that no discussion of public business or City policy that affects public business shall take place between the members of the Board during the conference. Section 551.076 - To consider deployment, or specific occasions for implementation, of security personnel or devices. Section 551.086 - To discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or to deliberate the offer ofa financial or other incentive to a business prospect described by Subdivision (1). THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION. Martha A. Gillett, TRMC City Secretary Date Posted T:\Fonns. Policies & Manuals\CSO\Fonns\Council\SAMPLE AGENDA OF REGULAR AND WORKSHOP.doc Out of consideration for all attendees of the City Council meetings, please turn off all cell phones and pagers, or place on inaudible signal. Thank you for your consideration. e e . AGENDA ITEM 2: APPROVE MINUTES OF THE JANUARY 14,2004 MEETING . . e e 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 Joerns, 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. Joerns 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) (I) 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 1 SI Southwest Company. Director Helm1inger 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. Joerns 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. e e 7. Consider approval or other action regarding consulting services agreement retaining services of Hawes Hill & Associates, LLP. Mr. Joems 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 of the 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. SIGNED: ~y~ - ATTEST: ~r' TITLE: OJ'I\I\'tH~~ TITLE: :Dl(ltCIO'l't- DATE"i ~ 41 UW4 DATE: feb 4 aOD Lt t e e . 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 AndrewslKurth, 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. ~~ }()"{-o ~~o~ . NOTE: The section relating to General Counsel Services was removed from the AndrewslKurth Agreement per direction of the Board. Action To consider approval or other action retaining services of AndrewslKurth, LLP to perform additional services relating to Bond Counsel Services. . . . . e e AN DREWS ATTORNEYS K U R T 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. 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:22293 I 1.4 Austin Dallas London The Woodlands Washington, DC Los Angeles New York Houston e e . 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:22293 I 1.4 . . -* . e e 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 ofthe 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, A.K 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 A.K 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. 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 . . . e tit 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:22293 I 1.4 . . . e e 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 . . . e e AGENDA ITEM 5: ADMINISTRATIVE RE.PORTS o LA PORTE TIRZ REFERENCES IN BAY AREA HOUSTON ECONOMIC PARTNERSHIP NEWSLETTER o REVIEW CORRESPONDENCES Business Development News e e Page I of 5 . Joerns, John 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 www.bavareahouston.com In this Edition... A Vision for NASA New City Member Commercial! Office DevelQpment Retail DeveloQment Residential Deve!QQment Infrastructure News Food for Thought . 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 e e 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 service center, September, 2004. · Triumph Hospital Medical Center will build a 92,000 sf building (100 private and 14 ICU 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 II in Bay Area Houston. The steady-growing company was founded in 2000. · Barrios Te'chnology 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 - ~Q.\Jtl1""-~l!.t Bank olLE1l<a.s-=..FM 528 and FM 518 Kemah - QgY_l!.Jnn - Hwy. 146 What's New? Pasadena - B.ep'J,lbJj~N!ilJional B_ao.~ - Fairmont 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 e e 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 Steinmart, Oshman'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 $77,252.... (there are approximately 2,243 families in this city of 4,170)? · Construction started on Marina Bay Village Shopping Center, a 37,000 sf retail center at FM 2094 and Twin Oaks Blvd. in League City. The development also includes an office complex, and 200 storage units. And in Friendswood, work has begun on an 8,500 sq. ft. retail center at FM 528 and FM 518. . . FYI Traffic Counts: Pasadena Traffic Count - 2001 24-hour count Fairmont Parkway west of Jana - 26,650 Fairmont Parkway east of Jana - 40,740 Seabrook Traffic Count - 2002 Avg. Daily Count NASA Parkway west of SH 146 - 18,400 NASA Parkway east of SH 146 - 31,000 SH 146 south of NASA Parkway - 33,000 Coming soon! Friendswood - RQ!l~LGenergj - Friendswood Plaza; FM 2351 and FM 518. What's New? Pasadena - KPlache !:.a,ggrY. Webster - Ann~P!!r.n2.lndia_n Re$J,w.L~n! - Point NASA Residential Develop-ment · 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. . · 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 e e 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 2001? 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. . 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 e - Page 5 of 5 . acres west of SH 146 afe 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 Italian a at 1199 NASA Parkway - close to NASA. Perfect for taking your family Of 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: Friendswood · Houston · Kemah . La Porte. League CitY. · Nassau Bay. Pasadena. Seabrook · Webster Copyright 2003 Bay Area Houston Economic P~rtnershiQ 2525 Bay Area Blvd., Suite 640. Houston,Texas 77058 +1 (281 )486-5535 · +1 (281 )486-5068 fax Contact Us If this newsletter was forwarded to you, and you would like to subscribe, please click this link - .$!Jbscribe. If you would like to discontinue your subscription to Business Development News, please click this link - Unsubscribe. . 1/28/2004 . e e City of La Porte .. - -- - Established 1892 January 14,2004 Isaac Matthews rYE 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 Pennit 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, ;(~Q/7t/k~~ Mayor Norman L. Malone c: Debra B. FeazelIe, City Manager John Joems, Assistant City Manager Nick Finan, Interim Planning Director John Armstrong, City Attorney . r,('4 W. Fa\!'r:wnl Pkwy. · La Forte, Texas 77571 · (281) 47] -5020 . . . S!YFOREST RANCH, L'D. 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 . . . e e 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, 9u-~ Isaac Matthews 1M/ad Enclosure le '. i. :~'1. e e PUBLIC NOTIFICATION __", ~_.__.'~' ,_~ .,.. ... __"...__..._ _...._.._...__.._ __._'_M_'~~'" __ __ __~ ~._'U'_.. - ----- 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: $894 ft . "'Y'f~'" i>c..c. --......", ') JYtp;r $721 '\ ""b j'i)' $549 \ > l The development will also offer market rate units to the general public. The numbh of I units and proposed rents for the subject property's market rate (non-tax credit prpgram) units are: . / ,...-/ t:- 'lid', , ':1\, '!:J!I If t")}'I> ..:.:::. h \<i' .~? {"\ P-. W "".... "~"'" I.':"J i:"\ '1-.1 t. .'.). ~.~ p,t;r r b .'~ . "."" \ ") !;.wt." I. 0 ,,-,. j f."';<'. ~..1tJ' "->-.. *"t,$ ~.~!u!) 48 4 Bedroom/2 Bath Homes for 20 4 Bedroom/2 Bath Homes for 12 4 Bedroom/2 Bath Homes for .,', t1"\\, 6+~1 . i. ~: r"] r.. 1-'; ",.." 20 '.....)1..... (Y" $-L-' "'. .... 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. e e HeTTIC/KAHN HOLDINGS, INC ~ I' i OJ-)~ r~ ! \' . I r .iL: JAN 2 9 2ml! . ., r~ n\vl I~ I ., I I I, . I January 27, 2004 i I l- ASSl. ell \ ; ... .;',.-'.'..:;..:,-1' ~ ,. .-..~~~ .Q~E~2.=-- Mr. Nicholas 1. Finan City of La 'Porte 604 West Fairmont Parkway , La Porte, TX 77571 Re: Bayfotest Ranch . Dear Nick; I appreciaie 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,i the owner of most of the land, for some time. Our goal all along has been to develop m~ltifamily units for rent as designated by the zoning. After discussions with Harris COl:lD.ty Community and Development, we decided to lower the density of this multifamily development by building detached dwelling units with garages. We felt we were provip,ing a more suitable, if not superior, product to the overall TIRZ development and one thl;tt 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 developm~nt 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 developme:nt 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 developme:nt 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. He~ig / CC: John Joerns V 5325 Katy Fre~way . Suite One · Houston, Texas 77007 . (713) 871-0063 . Fax (713) 871-1916 HETTIG/KAHN !HOLDINGS, INC., HETTIG CONSTRUCTION CORP.. HETTlG MANAGEMENT CORP., AND AFFILIATES THEREOF , .. RICK PERRY Gol'crnor EDWINA P. CARRINGTON Executil'e Director BOARD MEMBERS Elizabeth Anderson. Chair Shadrick Bogany C. Kent Conine Vidal Gonzalez Patrick R. Gordon Norberta Salinas . . Dl.J8iiiiI:t~, ~- -:e '-e '.J .... ./ " __ .--r" D TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS www:rDHCA.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 sufticient time to fully consider the input. A timeline and a summary of the basic development information for the submiued 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.uslIihtc.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, f}Jrooq. f}Joston Brooke Boston Multifamily Finance Production Division Director 507 SABINE-SUITE 400 · P.O. BOX 139'H · AllSTIN, TEXAS 78711-3941 · (512) 475-3800 - ....!~ma_f&-.:t:~.l1IlJ.IrI'.41iSK:~;r8 ~j ''r",ml 0" ~^..,drvl p.JNr e e ~0401'l .t::~_.~ . .~..... !L:-~~"'f.~~' "~-f,.~-"'~'-~-'''~.'~''''r,;,;.......";'c.''''TIli;''''''l''~''~I~'-''''';it.......~; ~I.'";.iij'j';:r.'~~~" '_~~~S$;":~~ ,,"; .- 4,. ~~~i',:.r:of.';:; . EIt~\li ~ T;jgdlE ,e.p.MENI~l. ~G>:K'" ~Tt'9'. ~;:J~D~.B ~-. . . ",. ';" '. "':! ~~. ,~t.1Iii' .. -.... ....~~'~~"n;l.;.. ..............~.....~. i\!.._....... ,._~t Ut.~..'!I..~~.___... 1 ,f,;....~... -...... ....A~....;..."" ._~-;~._.......W...,P _ _.....;::- ...c.~.~ .....:~ ~~"~' . 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 ~50.11(a)(3)(B) of the QAP. Applicant Name: Development Name: Dev. Street Address: Dev. City Dev. County Dev State and Zip Applicant Contact Name: Contact Address: Contact City/State/Zip: Contact Phone: Application Date: Total # Units: Bayforest Ranch, Ltd. Bayforest Ranch Apartments 2600 SH 146 South La Porte Harris Texas 77571 Isaac Matthews 1126 W. Tidwell Houston, Texas 77091 (713) 290.1802 January 8, 2004 100 . BuildingfUnit ~ Detached o Duplex o Triplex o Fourplex Configuration: Residence 05 units or o Townhome o Single Room Occupancy morelbuilding Location of Units: ~ On a single lot or Dlna o On scattered sites site subdivision Construction Type: ~ Conventional o Manufactured o Modular/Structurally Integrated Onsite Panels Maximum # of Floors: 2 Elevator-Served: IZI No DYes 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 oreoaration. (#)lli/A] 1 bed/l bath Units Rent: ($)[Q] Average Sq Ft [Q] (#)llitAJ 2 bed/1 bath Units Rent: ($)[Q] Average Sq Ft [Q] (#)lliLAJ 2 bed/2 bath Units Rent: ($)[Q] Average Sq Ft [Q] (#)[N/Al 3 bed/2 bath Units Rent: ($)[Q] Average Sq Ft [Q] (#) 100 4 bed/2 bath Units Rent: ($)829 Average Sq Ft 1,354 - -- . 19 . . . e d-o~ 1 ~~Jlilf,"'~~~"'~'''-''-' .""'&i?i'.._......t~~..n>a.it::.a_....,i."(;......".~r~'!jlj;l"'."'.~..."il'I.'"II...-Jo;,_.... .1];~"'~ ,.. ~~'<;!l:i--~\tl":-.,.. ~.ti!',!!~~~'!ili~~~~t.g~hE~~!.~;I:1>eN~~~Jt~~EN:ii!~~..G).l.'OO:~~,lIfJ.~~~!~~Q,~~t (g~.~f; ~.. ":,i:r~~~~~d~1i:~ Unit Amenities and Quality. Select AU That Apply: ~ Covered entries (I point) ~ Nine foot ceilings (1 point) ~ Microwave ovens (1 point) ~ Self-cleaning or continuous cleaning ovens ~ Ceiling fixtures in all rooms (globe with ceiling fan in all bedrooms) IZJ Refrigerator with icemaker IZJ 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 IZJ Thirty year architectural shingle roofing ~ Covered patios or covered balconies ~ Covered parking (including garages) of at least one covered space per Unit ~ 100% masonry on exterior, which can include stucco and cementious board products, excluding efis o Greater than 75% masonry on exterior, which can include stucco and cementious board products, excluding efis o Use of energy efficient altemative construction materials (structurally insulated panels) with wall insulation at a minimum of R-20 ~ R-15 Walls I R-30 Ceilings (rating of wall system) ~ 12 SEER HV AC or evaporative coolers in dry climates o Energy Star or equivalently rated Kitchen Appliances Common Amenities. Select AU That Apply: jgJFull perimeter fencing with controlled gate access DGazebo w/sitting area DAccessible walking path DCommunity gardens jgJCommunity laundry room and/or laundry hook-ups in Units jgJPublic telephone(s) available to tenants 24 hours a day DA service coordinator office jgJBarbecue grills and picnic tables - at least one for every 50 Units rgJCovered pavilion wlbarbecue grills and tables rgJSwimming pool DFumished fitness center rgJEquipped Business Center (computer and fax machine) jgJGame/TV/Community 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 DCommunity Dining Room '...../full or warming kitchen - Only Qualified Elderly Developments Eligible IZJ Two Children's Playgrounds Equipped for 5 to 12 year aIds, two Tot Lots, or one of each - Only Family Developments Eligible !:8Jsport Court (Tennis, Basketball or Volleyball) - Only Family Developments Eligible DFumished and staffed Children's Activity Center - Only Family Developments Eligible 20 . . . e ~ TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS e Timeline for the 2004 Housing Tax Credit (HTC) Cycle FEBRUARY 2004 Monday, February 2 . MARCH 2004 Monday, March 1 Friday, March 12 APRIL 2004 April 5-16 (approximately) Friday, April 30 MAY 2004 Monday, May 31 JUNE 2004 June (dates uncertain) JULY 2004 July (dates uncertain) 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 Public Hearings on Applications Last day for letters from qualified neighborhood associations to be considered eligible for Quantifiable Community Participation 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 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. 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 OL~IGHWAY 146 COMMfPTEE P.O. Box 533 La Porte, TX 77572-0533 I' " ~@ u Of ~.ft /D', ,I--l January 29, 2004 lM~ 3 () 1~U~' .~ ..' ". ..1;"'. :.::; .' - ........ --'~' ~..:~:;. f'" . ...... -..-::---- ,. ! ~I) { r:' .... "j ro. " ,.. .~ I, I '. I . -.-.... -' ~, :. :-' _.' FEB 3""'''1 , , r Norman L. Malone, Mayor City of La Porte 604 West Fainnont 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 surro nding area. ... '1c ...- . - a -.....-.........)1.. -.-. - '-.-' . ~ . ...... . ? U~.. ~.v . .' . - . . . "-' -' -- /" I - ----Cii '/d~ 15M 4)1/ . .. JJ Ie ,: .iJ !'j{':;;;;-J? ~k- e e Lanclos, Melisa From: Sent: To: Cc: Subject: Hernandez, James [JHernandez@andrewskurth.com] Friday, January 30, 2004 11: 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 schedule. If you need anything else please let me know. Have a good weekend. JAH -----Original Message----- From: Joerns, John [mailto:JoernsJ@cLla-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 authorizati~n letter--- could you furnish? Thanks and please call or email if you need to-John 1 e e Andre\Ns 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: ApproxirT'IIite Years of Practice Hourly Rate Associates: Entry to 1 2 3 4 5 6 $ 180 200 to 255 235 to 295 255 to 330 265 to 335 280 to 350 285 to 380 350 to 655 250 to 600 190 to 450 40 to 195 145 to 210 7 and Over Partners: Of Counsel: Senior Attorneys: Legal Assistants: Briefing Clerks: 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 Ll.P/1 HOU:2139337.2 e e ANDREWS KURTH LLP PUBLIC FINANCE BILLING RATES NAME B1LLING RATE Robert M. Collie, Jr. Partner $525 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./l HOU:2268638.1 e e .---_. -- -.....-....----. --._-- -- ~- ... -- --..-.., NAME BILLING RATE Tanya A. Fischer Associate $180 Jaimiaal A. Jordan $180 Associate Kathleen Bethune $140 Legal Assistant Lynn M. Brown $140 Legal Assistant Shannon Miller $40 Paraclerk ANDREWS & KURTH L.L.P./2 HOU:2268638.\ . - TAX INCREMENT REINVESTM.ENT ZONE NUMBER ONE STATE OF TEXAS )( COUNTY OF HARRIS )( CITY OF LA PORTE )( NOTICE IS HEREBY GIVEN OF A MEETING OF THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE TO BE HELD ON FEBRUARY 4,2004 AT 6:30 P.M. AT LA PORTE CITY HALL COUNCIL CHAMBERS, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: 1. CALL TO ORDER-ALTON PORTER, CHAIRPERSON 2. CONSIDER APPROVAL OF MINUTES OF THE JANUARY 14,2004 BOARD OF DIRECTORS MEETING 4. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A BOARD MEMBER FOR DISCUSSION o ENTERTAIN A MOTION AND A SECOND TO APPROVE THE TJRZ ITEMS IN THE SAME FORM AND MANNER AS WAS APPROVED IN THE PREVIOUS REDEVELOPMENT AUTHORITY MEETING - ALTON PORTER, CHAIRPERSON A. CONSIDER APPROVAL OR OTHER ACTION RETAINING ANDREWS/KURTH, LLP TO PERFORM ADDITIONAL SERVICES RELATING TO BOND COUNSEL SERVICES B. DISCUSS STATUS OF PROPOSED DEVELOPMENT WITHIN TAX INCREMENT REINVESTMENT ZONE C. ADMINISTRATIVE REPORTS o LA PORTE TIRZ REFERENCES IN BAY AREA HOUSTON ECONOMIC PARTNERSHIP NEWSLETTER o REVIEW CORRESPONDENCE D. BOARD MEMBER COMMENTS E. ADJOURNMENT If during the course of the meeting covered by this agenda the Board should determine that a closed or executive meeting or session of the Board should be held or is required in relation to an item noticed in this agenda, then such closed or executive meeting or sessions authorized by the Open Meetings Law, Chapter 551, Texas Government Code; will be held by the Board at that date, hour and place given in the meeting notice or as soon after the commencement of the meeting covered by the meeting notice as the Council may conveniently meet in such closed or executive meeting or session concerning any and all subjects and for any and all purposes permitted by Sections 551.071 through 551.076, and 551.086 ofsaid Open Meetings Law, including, but not limited to: Section 551.071 - For the purpose of a private consultation with the Board's attorney on any subject or matter authorized by law. Section 551.072 - For the purpose of deliberating the purchase, exchange, lease or value of real property. e - Section 551.073 - For the purpose of deliberating a negotiated contract for a prospective gift or donation to the City. Section 551.074 - For the purpose of deliberating the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee, unless the officer or employee requests a public hearing. Section 551.075 - for the purpose of conferring with an employee or employees of the City, only for the purpose of receiving information from the employee or employees or to ask questions of the employee or employees; provided, however, that no discussion of public business or City policy that affects public business shall take place between the members of the Board during the conference. Section 551.076 - To consider deployment, or specific occasions for implementation, of security personnel or devices. Section 551.086 - To discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or to deliberate the offer ofa fmancial or other incentive to a business prospect described by Subdivision (I). THIS FACILITY HAS DISABILITY ACCOMMODATIONS A V AlLABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION. Martha A. Gillett, TRMC City Secretary Date Posted T:\Forms, Policies & Manuals\CSO\Fonns\Council\SAMPLE AGENDA OF REGULAR AND WORKSHOP.doc Out of consideration for aU attendees of the City Council meetings, please turn off all cell phones and pagers, or place on inaudible signal. Thank you for your consideration. e e La Porte Tax Increment Reinvestment Zone Number One, 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 Tax Increment Reinvestment Zone Number One, City of La Porte, Texas, held a meeting, open to the public, on the 14th day of January 2004,8:29 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 John Meza Position 1 Position 2 Position 3 - Chainnan 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 MINUTES OF THE MEETING HELD OCTOBER 1, 2003 Upon a motion duly made by Director Pfeiffer and being seconded by Director Cook, the board unanimously approved the Minutes of October 1, 2003. 4. CONSENT AGENDA A. Consider approval of other action regarding the tinal draft of the Taylor Watershed Bayou Study. B. Consider approval or other action regarding professional services agreement retaining services of Financial Advisor, 1st Southwest Company. C. Consider approval or other action regarding professional services agreement retaining services of bond counsel and general counsel, Andrews Kurth, LLP. D. Consider approval or other action regarding consulting services agreement retaining services of Hawes Hill & Associates, LLP. E. Discuss Interlocal Agreements with Harris county and City of La Porte for refunding expenses associated with Sylvan Beach Shoreline Erosion and Beach nourishment Project. F. Discuss Refunding request by Arete Development for various expenses associated with the La Porte Golf Course Community. G. Other Matters Which may properly come before the Board. H. Adjournment Upon a motion duly made by Director Pfeiffer and being seconded by Director Cook, the board unanimously approved the Agenda Items in same manner and form as approved in the Redevelopment authority board Meeting and adjourned at 8:30 PM. . SIGNED, ~G~ TITLE: ~l\l(L\V\~b...) DATE, Yb.u-arj 4, "Z4l.Z4 e AITES1:'~ TITLE: D\ QE(IOlt DATE: ~ ~ Teb ~! l_OcQ- . e . NOTE: TIRZ Agenda backup provided with La Porte Redevelopment Authority Agenda . . e e . 8/20/2003 . . B-3 . . . e e 8/20/2003 EXHIBIT C CERTIFICATE OF ADVANCE This Certificate is issued under that certain Development Agreement (the "Development Agreement") by and between the La Porte Redevelopment Authority (the "Authority"), Reinvestment Zone Number One, City of La Porte (the "Zone"), and ("Developer") dated , 2003. Capitalized terms used in this Certificate shall have the meaning provided for in the Development Agreement. This Certificate evidences a Developer Advance under the Development Agreement in the amount of $ for the [describe the project category and nature of work completed]. Interest on the Developer Advance evidenced by this Certificate shall accrue at the prime rate of Chase Bank of Texas, National Association as described in the Development Agreement for the neriod described in 6.1 (B) of the Develonment Alrreement and shall be payable in accordance with the Development Agreement. By Developer's execution of this Certificate, Developer represents that it has made the expenditures and completed the work described in this Certificate. Copies of the relevant invoices and other appropriate documentation are attached to this Certificate. By the Authority's execution of this Certificate, the Authority indicates its approval of the expenditures and work described in this Certificate and its approval of the matters set forth in this Certificate and recognizes its obligation to repay such Developer Advance together with interest pursuant to the Development Agreement. AGREED TO this day of ,2003. LA PORTE REDEVELOPMENT AUTHORITY By: Name: Title: Chairman Board of Directors A TrEST: By: Name: Title: Secretary, Board of Directors C-l . . . t e e REINVESTMENT ZONE ONE, CITY OF LA PORTE 8/20/2003 NUMBER By: Name: Title: Chairman Board of Directors ATTEST: By: Name: Title: Secretary, Board of Directors DEVELOPER By: Name: Title: STATE OF TEXAS ~ ~ ~ COUNTY OF HARRIS Before me, on this day personally appeared , the undersigned notary public, , the of _ known to me; _ proved to me on the oath of _ proved to me ; or his/her current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} through ( Check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this _day of ,20_. Notary Public in and for the State of Texas C:\Documents and Settings\ignacio ramirez\My Documents\DEVELOPMENT AGREEMENT080102.doc C-2 . . . . e City of La Porte Interoffice Memorandum To: TIRZ I La Porte Redevelopment -ioard David Hawes, Board Consu ~ From: John Joerns, Assistant City ger cc: Debra B. Feazelle, Ex-Officio Cynthia Alexander, Ex-Officio Knox Askins, Ex-Officio Date: December 2, 2003 Subject: Golf Course Community I Infrastructure Reimbursements Mr. Fogarty (Arete Development) has requested a reimbursement of (see attached letter): · 100% - Water, sewer and drainage $5,768,075.00 · 100% - Landscape @ entry points 250,000.00 · 100% - SH146 Landscape, buffer, walkways 450.000.00 SUBTOTAL $6,468,075.00 · 100% - Associated Engineering (15%) 970.211.25 TOTAL $7,438,286.20 In earlier conversation he has noted that this reimbursement level is allowable in a MUD if the tax base created is 10 times the debt service. It is my understanding that the more typical reimbursement for a MUD is 70%. The TIRZ Board may recall that during the creation ofthe TIRZ, the City Council approved guidelines for the TIRZ, which included a section on infrastructure eligible for reimbursement. As a beginning point for discussion/negotiations, I have prepared an estimate for reimbursement using the cost estimates provided by Mr. Fogarty's engineers. · First, I subtracted $792,700 from the estimated sewer construction costs for items numbers 5-dewatering, 6-modified bedding and 7-modified manhole base in sections 1-7 and $93,400 for items 5,6 and 7 in the off site section. These estimates assumed that all manholes and every foot of sewer will require these special construction efforts. This is very conservative and tends inflate the cost estimate since every manhole and foot of sewer will not require this. To include this I suggest we note in the agreement that when this specialty construction is ordered, it will be reimbursed at 100%. · If this approach is taken, this modified request for reimbursement is $6,419,275. · Next, utilizing the TIRZ guidelines (Section E attached) and the TIRZ project plan (portions attached), we identified items that would or could readily be identified as eligible. . . . . Landscaping at entry points - *SH146 Landscaping, buffering, walkways All off site sewer All sanitary sewer> 8" Detention Basins Sections 1-7 Land for Landscaping/Trail Reserves Land for Detention Basin e 250,000 450,000 240,940 549,242 640,700 174,281 571.120 SUBTOTAL 2,876,283 *Does not include costs for Apartment Project landscaping, buffering, walkways. Plus Other Considerations for the Board · Entrance road at the north end of subdivision without lots fronting roadway 73,200 · Collector street at south end without lots Fronting roadway; suggest 32' width 278.775 SUBTOTAL 351.975 3,228,258 484.239 3,712,497 Associated Engineering - 15% TOTAL In reviewing the General Plan and Special Conditional Use Permit (attached) approved by City Council, there are other off site items requested of the developer that would be considered eligible. Other Permit ConditionslIssue that would Be Considered as Eligible Items Any waterline crossing McCabe/W eems - unknown Lift Station #6 relocation upgrade - not clear if included in costs estimates Sidewalks along Wharton Weems SH 146 turning lane (lane) @ Wharton Weems Wharton Weems improvements Wharton Weems intersection - signalization McCabe Road improvements Traffic Impact Analysis for McCabe and Wharton Weems Attached are the summary sheets for each eligible cost items discussed. I have not included Mr. Fogarty's cost estimates from his engineers. If any of you are interested in viewing them please let Melisa know. Summary At this point the items readily identified as eligible amount to $3,712,497 or 58% of the modified request of$6,419,275. The same $3,712,497,is 83% ofa 70% reimbursement ($4,493,493). e e Sanitary Sewer Reimbursements . Offsite Sanitary Sewer Offsite Sanitary Collection System 334,340.00 *Less items #5,6 and 7 - 93.400.00 240,940.00 *See reference in the summary section regarding deletion of $93,400. Sections 1-7 Sanitary Sewer> 8" diameter (# Of manholes estimated without use of plans-adjustments may be necessary and items #5, 6 & 7 not included - see reference in summary section regarding deletion $792,700) Onsite Sanitary Sewer> 8" diameter Section 1: Line 24" 1553 LF 80.00 124,240 Manhole (500ft avg.) 3 ea. 1200.00 3,900 Trench Safety 1553 LF 0.50 752 $128,892 Section 2: Line 24" 980 LF 80.00 78,400 Manhole (500ft avg.) 2 ea. 1300.00 2,600 Trench Safety 980 LF 0.50 490 $81,490 . Section 3: Line 24" 1,920 LF 80.00 153,600 Manhole 4 ea. 1300.00 5,200 Trench Safety 1,920 LF 0.50 960 $159,760 Section 4: Line 10" 1,200 LF 30.00 36,000 Line 15" 310 LF 40.00 12,400 Line 24" 290 LF 80.00 23,200 Manhole 9 ea. 1300.00 11,700 Trench Safety 1,800 LF 0.50 900 $84,200 Section 5: Line 10" 120 LF 30.00 36,000 Line 12" 1,320 LF 40.00 52,800 Line 15" 480 LF 45.00 21,600 Manhole 13 ea. 1300.00 16.900 $94,900 Section 6: Line 24" 1,860 LF 80.00 148,800 Manhole 3 ea. 1300.00 3,900 Trench Safety 1,860 LF 0.50 930 . $153,630 Section 7: No Line> 8" 0 GRAND TOTAL SECTIONS 1-7 $549,242 . . . e e Detention Costs Reimbursements Construction Cost Estimates Section: 1 105,400 2 101,000 3 95,800 4 129,500 5 81,200 6 127,800 7 0 $640,700 . . . e e Land Reimbursements Landscaping 1 Trial Reserves* (SH146 to Little Cedar Bayou) Reserve A C D H M U W AI* W1* 12,916 sf 11,483 sf 34,695 sf 37,486 sf 18,553 sf 41,121 sf 78,530 sf 23,400 sf 28.500 sf 286,684 sf * Al - Estimated 30' wide landscaped traillbuffer at North end (30'x780') *W. - Estimated amount along SH146 at apartment site (30'x950') Landscaping Reserves Reserve N o p Q R S 2,526 sf 2,373 sf 3,768 sf 3,014 sf 2,642 sf 2.618 sf 16,941 sf Total Landscaping & Trail Reserves: 303,625 x .574/sf= $174,280.75 Detention Reserves Reserve B E G L T 137,071 sf 102,278 sf 122,777 sf 170,211 sf 462.246 sf 994,983 sf Total Detention Reserves: 994,983 sfx .574/sf= $571,120 Note: $O.574/sfwas assumed as an average costfor land. . . . e e Street Reimbursement Considerations Northern Entrance Road from SH146 without lots (610 ft x 28 ft) x ($120/lf) Collector Street North of Wharton Weems thru Sections 3 & 4 (2,065 ft x 32 ft); increase unit cost by 12.5% to $135/1f (610 ft x $120/1f) = $73,200 (2,065 ft x $ 135/1f) = $278,775 e e Open Space Considerations . . Per Development Ordinance Open Space / Parkland Requirement is 1Ac/160 lots 444 Lots/160 Lots/Ac = 2.775 Ac Reserve F = 1.345 Ac For Discussion - the proposed use of Reserves I, J & K are not clear Reserves I J K 4,795 sf 7,065 sf 8.891 sf 20,751 sf= 0.476 Ac Total Reserve F, I, J & K = 1.821 Ac VS. 2.775 Ac required NOTE: Special Conditional Use Permit required a 1-2 acre park site in addition to the passive park detention area shown in first round. . . .0 . . e Frnl"-~ . If.' R r'I'-~;7'7?" r'~':. l 1/' ,. [5 r'l II., I I'i t? I.... i U' .... ~- ..~ ... .J ! I . ! .. ) ~ ~ -----, i :~ , . itJl)1 .ALI.S. lUb! c' i ' , '" ~3ST, CI: ( lIilANAGER '. CFFICE e ARETE REAL ESTATE & DEVELOPlVIEN 340 N. Sam Houston Parkway East, #14 Houston, TX 77060 (281) 272-6134 (281) 260-9798 FAX May 1,2003 Mr. David W. Hawes Hawes, Hill & Associates 7322 Southwest Freeway, #1470 Houston, TX 77074 RE: La Porte Mr. David Hawes: Enclosed are the engineers cost estimates for the infrastructure improvements to the La Porte Golf Course Community. In addition to these costs, I would expect to spend $250,000 minimum on landscaping and beautification of entryways and $450,000 for landscape for the sound .. abatement along 146 and for the walkways around the detention ponds which act as a buffer to the Golf Course. We will create approximately 90 lots which will be valued at $30,000 each and approximately 325 lots which would be valued at $25,000. We have pro-formaed an absorption of 100 units per year with an average home valued in the range of$250,000. I expect that the apartment community would be built sometime within the first three years. I am hopeful that the TIRZ Board will approve the reimbursement to us of 100% of our water, sewer and drainage and associated engineering cost and the landscaping and beautification cost. Please note estimates do not include engineering which typically run 15%. Please call me once you have had a chance to review and let me know what else you may need from myself or my engineers. I am quite anxious to move forward on this project. Sincerely, Joe Fogarty President JF/dlc . . . Legend: e Review of City of La Porte e Special Conditional Use Permit #SCU 03-002 For Proposed Golf Course Community Review of Permit Conditions (attached) for eligible items for reimbursement OS/E = offsite eligible ? = for discussion/consideration N/ A = not applicable ./ = already included in initial analysis x = deleted by City Council . . . e City of La Porte e Special Conditional Use Permit # SCU 03-002 This permit is issued to: Arete Real Estate & Develooment Co. and Hettie Manaeement Coro. Owners 340 N Sam Houston Parkway East. Suite#140 Houston. TX 77060 Address 5325 Katv Freewav Suite #1 Houston. TX 77007-2257 Address For Development of: Prooosed La Porte Golf Course Community Development Name Located at SH 146 south of Bavooint townhomes Address Legal Description: 150+ acres of land beine located in the W.P. Harris Survey. A-30 City of La Porte. Harris Countv. Texas Zoning: Planned Unit Develooment (PUD) Use: Sinele-familv residential. multi-familv. and commercial Permit Conditions: Land Use: N/A 1. Allow single-family lots with 70' along the Golf Course and 60' to 65' width lots in other areas. N/A 2. Redesign the single-family lot layout so that fewer lots fronting on south 8th Street. N/A 3. Allow multi-family development near McCabe & SH 146. The Development Agreement could determine density and driveway access. N/A 4. Allow commercial development near McCabe & SH 146. A further refinement of the commercial activity will be determined when the Development Agreement is created. Streets: X 1. Avoid utilizing S. 8th Street during construction phases of the development. N/A 2. Seek the TIRZ Board a~proval for the funds to participate in the signal placement and enhancement of at 51. and Fairmont Parkway intersection, north of the subdivision boundary. OS/? 3. Remove existing chain link fencing on border of golf course property. OS 4. Provide emergency access to the golf course from McCabe Road area (alley and gate) to allow ambulance into this area of the course. OS 5. Center turn lanes on Wharton Weems should be considered. OS 6. Traffic signal on Wharton Weems and S.H. 146 is needed at the time the subdivision is developed. The Developer should coordinate with TXDOT. Detention: OS 1. Ensure that lake/detention areas are continuous and provide wrought iron fencing to prevent free movement of pedestrian traffic between the golf course and the subdivision. Install wrought iron fencing along the rear of each lot overlooking the golf course/detention lake area. N/A 2. Size outflow piping so that water is retained sufficiently to prevent flooding on the golf course or the subdivision. N/A 3. Discuss rounding right angle corners of detention areas, (possibly utilizing City- owned land to do so); this will increase detention capacity for the lake system. N/A 4. Maintenance of detention down to the water level and option such as constant water level lakes can be determined in the development agreement. . . . 5. Outflow is need!o gain access to reserve 'Z', which is n!wned by the applicant. Total volume should be in line with the recommendations by the Taylor Bayou study. Parks. trails. and landscaoina: ? 1. Add at least one 1-2 acre, park site in addition to the passive park/detention areas shown in the 1 st round ? 2. Install play/service equipment to the current City of La Porte park standards (Le. playground, picnic area, trash cans, barbeque pits, etc.) OS 3. Incorporate pedestrian/bicycle trails along the linear detention/park areas, with entry and exit to the subdivision, in at least 4-5 locations along its length. OS 4. Note that pedestrian/bicycle trails will be primarily for the use of the subdivision owners and shall be maintained by the homeowner's association. ./ &? 5. Create winding pedestrian/bicycle trails with trees situated to add shade and landscaping to trails, both along the linear park area as well as SH 146. ./ 6. Provide a pedestrian/bicycle cut-through from SH 146 to Little Cedar Park along the north perimeter of the subdivision, with a connection to the east side pedestrian/bicycle trail. OS 7. Sidewalks are recommended along both sides of Wharton Weems and McCabe and along SH 146. ./ 8. Create either perimeter 6 foot berms, or sound walls along SH146 to have to reduce noise levels for the subdivision; if berms utilized, then shrubbery planted along the top (Le. oleanders) to provide additional sound deadening. Walkways should wind among the berms; the entire landscaped area should be no less than 30 feet wide. ? 9. Irrigation to landscaped areas shall be provided to allow establishment of all plant material. N/A 1 O.Clearly state in covenents or deed restrictions that it is the responsibility of the homeowner to pay for all costs for repairs that are incurred when property adjacent to the existing golf course and driving range is damaged. Or if feasible, provide a protective mechanism that prevents damage to property that is adjacent to the golf course or driving range. OS 11.1nstall a pedestrian bridgEl over Taylor Bayou to provide continuity for internal subdivision alternative transportation, if necessary. OS/E&? 12.Extend landscaping, hikEl/bike trails along boundaries of the proposed apartment complex. N/A 13. Return with the Development Agreement, plats, deed restrictions etc. refimg and resolving the above conc1itions. Mandatory items: 1. Pay the public hearing costs of $238.44. 2. Comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a speCial conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning City Secretary . e e 3. Under current Texas law, the City cannot delegate or extend to the Board its power of eminent domain. If the applicable state law is amended to permit the delegation of extension of such power, the policy of the City is not to authorize the delegation or extension of its power to the Board. In addition, the City will utilize its power of eminent domain within the Zone ,,,,.,..,,....,,.,....~1.r.-,,.,,.,....!.~,,...,="'"'="'only-.if. .the,. Gity-,.Col:lncil",finds:,that,.a:- publ.ic, pur-pose-.will' 'be ';served' by"such"'"",,,,'-"'"3l~'!"~T:"_':"""" an exercise of the City's power. If the Board proposes to condemn property for purposes related to redevelopment or urban renewal, the City will not exercise its power of eminent domain unless the City Council additionally finds that the property or the area immediately surrounding that property contains a substantial number of substandard, slum, deteriorated, or deteriorating structures. Provided, however, that in no event will the City condemn a residential homestead for purposes of redevelopment or urban renewal unless City Council finds that the property proposed to be condemned is, in fact, in a substandard or blighted condi~ion. . . *- E. . 4. The City will hold a public hearing prior to the approval of a Land Use Plan for the Zone in accordance with the City's Zoning Ordinance. The City will provide notice to all property owners within the Zone by certified mail, return receipt requested not less than fifteen (15) days prior to the hearing. 5. The City Council by ordinance may authorize the Board to provide for the management and administration of a public improvement district created within the Zone, as provided in such district's service plan required by law. 6. The City will not consider the creation of Municipal Utility Districts within the Zone. Eligible Project Costs 1. In conformance with 311.002 of the Tax Code, the City shall consider the "except for" requirements required for the creation of the Zone and make a determination on a case by case basis of the project costs necessary to implement the Project Plan and Reinvestment Zone Financing Plan. In general, the City may consider the following project costs as eligible, but is neither obligated nor limited to the following: a. Off-site utilities required to bring utilities to the Zone (e.g. water, waste water, road and drainage facilities, street lighting and traffic lights); b. Upgrade existing infrastructure to provide additional capacity for future development of properties within the Zone (e.g. lift stations, 6 Revised 5/12/99 e e water and waste water improvements, turning lanes/intersection improvements, waste water treatment plant enhancements); . c. Land purchase for public facilities and construction of projects that serve the general public such as overpasses, interchanges roadway beautification, convention centers, amphitheaters, marinas, park improvements, etc. .~---~-- ~~-c_- ;:::;-;,-.=... ':;-':':'-.--1-'~ .~; -~; =--i.~~~;;,,"--'>-'f;;:.....~E-r':;t~;;;;;;;y.':.,;...-":I..-::-==-~~~~ip~~~*~....~.~Pir.:l'U.""I!!:~~~~~..~...In.:tY.'.~'!!=. :'._,;u_ ~tOIf:,....<!........'t,.fJt;.s ....Yil"'...d=.W!:;;'!lW.':i:!..-. .e.:ftI-I....aw.:.:,~~...'"'...... d. Oversizing of infrastructure within the Zone, including water, waste water, streets (arterial or greater), drainage (major channels and detention basins) and street lighting. e. Specialty items such as sign age, streetscapellandscape improvements and including the construction of sound barriers, buffering landscape between residential and nonresidential uses, and common recreation areas shall be considered on a case by case basis. ~ f. In general, the City will not consider as eligible costs the public infrastructure or land acquisition costs for individual developments within the TIRZ, boundaries that serve only that development. g. Exceptions to the policy on eligible costs will be considered on a case by case basis. ' 2. The City may retain funds as provide in Chapter 311.002 of the Tax Code to be reimbursed for the foJ/owing: a. administrative costs attributed to others, plus reasonable charges for the time spent by employees of the City in connection with the implementation of the Project Plan and Reinvestment Zone Financing Plan; b. the amount of any contribution made by the City from general revenue for the implementation of the project plan; and c. payments made at the discretion of the governing body of the City that the City finds necessary or convenient to the creation of the Zone or to the implementation of the Project Plan and Reinvestment Zone Financing Plan. F. Board of Directors The Composition of the Board of Directors is determined by the Tax Increment Financing Act. . For a Commercial Zone (less than 10% of the Zone is currently residential use), the Board of Directors consist of at least five (5) and no more than fifteen (15) 7 Revised 5/12/99 e e . REINVESTMENT ZONE FINANCING PLAN 1. A DETAILED LIST DESCRIBING THE ESTIMATED PROJECT COSTS OF THE ZONE, INCLUDING ADMINISTRATIVE EXPENSES AND A STATEMENT LISTING THE KIND, NUMBER, AND LOCATION OF ALL PROPOSED PUBLIC WORKS OR PUBLIC IMPROVEMENTS IN THE ZONE Estimated Costs 3,000,000 1,170,000 2,200,000 605,000 2,400,000 1,700,000 1,700,000 1,0.10,000 1,960,250 4,250,000 975,000 $ 20,970,250 4,095,000 450,000 1,209,000 2,700,000 $ 8,454,000 6,500,000 975,000 650,000 $ 8,125,000 Project Plan and Reinvestment Zone Financing Plan ~ .1~' . e e roject Costs Bu ails W. Weems Interchange Sylvan Beach Park Improvements Shoreline Protection Park Facility Improvements Entrance Improvements Financing Costs Zone Creation Zone Administration (30 year life) Sub-total . TOTAL NON-EDUCATION PROJECT COSTS Education Pro'ects . :osts associated with the reconstruction, construction and repair )f educational facilities TOTAL EDUCATION PROJECT COSTS TOTAL PROJECT COSTS 1,695,000 117,000 1,750,000 750,000 500,000 49,174,000 75,000 324,000 $ 54,385,000 $ 91,934,250 $35,150,000 $ 35,150,000 $127,084,250 ~. ECONOMIC FEASIBILITY OF DEVELOPMENT WITHIN THE ZONE ~merican Metro Study, an independent economic research firm, conducted a market lemand leconomic feasibility analysis of the proposed residential land uses within the Iro~d TIRZ. In 1997 Horwath Hospitality Consulting provided the City with a 1ark!r study (Attached) relating to the above project. The market study provides an xcellent analysis of the total project. The overall results indicate a strong demand and uccess for such a project. .. THE ESTIMATED AMOUNT OF BONDED INDEBTEDNESS TO BE INCURRED he estimated bonded indebtedness for non-education project costs is $ 92 million, nich include principal and interest. THE TIME WHEN RELATED COSTS OR MONETARY OBLIGATIONS ARE TO BE INCURRED chedule B.1 shows the time when revenue is expected to be available to pay for the 'oject costs. . Jject Plan and Reinvestment Zone Financing Plan 5 .e - ~ NOlES: 1. CON1RAC1OR SHAU. PERFORM A MAQlETOlllE1ER SURVEY ON MEN> PROPOSED F~ BARGE ACCESS DiANNE!.. DREDGING PRIOR TO BEGINNING Y<<lRIC. AU. PlPELJNES, UMDERCROUND OBSlRUCnONS, ETC.. SHAU. BE LOCATED AND ACCESS CHANNELS REROU1m ACCORIllNGL Y TO AWlD D1SlURllANCE OF P1PEUNES. 2. AUGNUENT OF 1HE BARGE ACCESS DiANNnS MAY BE ALTERED FOLLOWING CONlRACT AWARD. ALTERNAlE AUGNIIENlS SUBUIT1ED BY 1HE CON1RAClllR SHAU. BE APPROVED BY ENGINEER. ElCIsnNC ---/ FENCE . __ I 1&U9 I I 1 16+00 15+00 \OPEN F1ElD J SOUlH OfF NORlH OfF FISHlNG PIER I FISHING PIER - - - - \PARK AREA J ,...- / .... I <.- ~ ElCISTlNG PIER GENERAL lAND OFFICE SYLVAN BaCII SIlDREUNE PROIECI1OIlI BaCII NDllRISHIIEHI' IAI'IlIIIE lEXM BARGE ACCESS AND DRAINAGE 9801 Westheimer Rd. SuIte 500 Houston, Texas 77042 (713) 914-6699 .. ,II -z.. -- PLAN VIEW - - - - s:::.. I'. Iff ~\Jf - - PRD.JECT BASEUNE TOBE~~_ WI';:: BEGINNING WORK ~ 4+00 2100 3+00 -+- .011 1+.00 2J t- J OPEN F1EI.D REGRADE ElCIS1tN~ r. ..... .. .. ... ,..,:\ lED lEa4.8 FT ~- DE1ERICRA . " Q!li!IN~ ~~ TO DRAIN - ===== ---=- -"""""- - - - --- IC BERM - - - ~../ ~ --- - - - - - - - ~ iSiim"Fiii' ==~ III SCMI: e - ~ l3t-OO IlDIOlES <.=:;.-..... TOP CF ElCIS1INC BERM DETERlORAlED. ElCIS1lNC BUt.JCHEAD ARMOR S'R:lNE ~ _ ..5.0 - . ElCIStlNC ABANDONED PIER PLAN VIEW 5- - " . - - SCALE 1"- eft lBERAL lAND OFACE mVAN IEAQl SIIIIiH PIlllIECI1Ql & BEACH IlOIRSHIIEHT IAPIlRIE.1Ell.IS SITE LAYOUT OTES: 1. unuTY LOCAlIONS ARE APPROXlMAnONs. ENGINEER ASSUMES NO RESPONSlBlUTY FOR ACCURACY OF DEPICTED. CONlRACTOR Will BE RESPONSIBLE FOR lOCA liNG ALl UNDERGROUND UllUllES AND REQUIRED TO CALL .lEXAS ONE CALL" AT 800-245-4545 PRIOR TO BEGINNING WORK. ' 2. CONTRACTOR SHALl BE REQUIRED TO FIElD IIERIFY Willi ENGINEER lliE' BASEUNE LAYOUT AS STATED IN lHE SPECIFlCA l10NS AS WELL AS ALl SHOREUNE - PROTEClION SlRUCnJRE LOCA nONs. ElCIS1lNC =-1" FENa: 1~99 1 ROPE " IlOU.ARD BARRIER RAlLINC I 111+0O 1~1IO \,OPEN FlElJ) J 14+110 sotml OF NORTH CF F1SHINCPIER FlSHlNCPlER - C PRO.EC1" BASEUNE '\ PMlI< MEA J 10 BE FIELD \/ERIFlED ~ 11TH ENGINEER PRIOR 10 BEGINNING WORK 1+00 2+110 3+110 4+110 7+00 8+110 9+00 I -+- -+- BEHOlES : II BW..ARD lPE - aER RAlLINC M ,\OPEN FIELD J WARNING SIGNS (TtP. 4 LOCAllON) SEE DETAIL 4 SHEET C201 -~":-: ;-. \.. TOP OF ..... ,.. - EXIS1lNC B ..... ..... ~ 'A , CES ~ S1tlRMWAlER ~--- ~ 0UlI' AU. 1!1J ---- ...s--- SEE DETAIL 1 -- SHEET C20I ...... -- -------... --......... ---, J.- - - --- -... - ... tON ~....... C " ...... STONE GRaN ElCIS1INC PIER :.6_ (nP.) ~ /-.......- -------- -, 4UlCA ) ----- ---- SEE DETAIL 2 SHEET C20I ~ - 9801 Wes1heimer Rd. SuilB 5lIO Houston. Tuas 77042 ISSUE FrR _~ (713) 914-6699 - ~ ~'\: ,.,,"'- :::;.:.~.._~... ~:,....:... t.~~"~:.::":~' " I J - - ~ USE CIIllIllU '" ...... FaIII All -..eM" lllIIIDIEIE__ MIUG NUll sac .uct __ DIDS CElIIIlllU WIllI 1UI.XIfAY lIAS a.-. ". -..;:::r- \ ( . l >,..,. " )" I' :"':"'7'- I \.;:;,,\1" __ \. II."CIEn' o:rDlIl<U _ Sl\X IICJIe _ATIIII --- '" ...., 2 DETAIL WALKWAY - STONE REVETMENT TRANSITION " N1S It-<l" -- 1IPIIrt_ _ IIIU ,.,. .HIU .-. '8l.E (eASI'-11 .. IPIIl'I: 1IflLT_1O aws __ CIIIIIB. GlIlAT W'lll1IIIIIIIL _1IElItlII"'1IE_ 1II'__lD..-T. t 1 >-/ " ., "'.., .i'~ ,~ /" /~ _ GIIIIEllIU DETAIL WALKWAY - CCM CONNECTION -N1S .c; ~:::;'~;":;'. (~~?>Y:;l;;::.;:: i!Jl...~ .... '. ......~. . . '. "~\~;ii~/~:.\~ --- . -.z.... -:s~c: ---'" . RDIIMD AT --..- SECTION ARMOR STONE REVETMENT \. A TYP. N1S --'-- - - CEII1IXIU --- lUll ..-E SECTION BEACH ACCESS . TYP. (4 LOCATIONS) N15 GENERAl. LAND OFFICE SYLVAN IIEIal SIIORBJIE PRD1ECl1CN & IIEIal /IOlJRISIIMEHl" 1A1lIl1E.l9AS SECTIONS AND DETAILS - DETAIL - 3 NTS _ M.I.IINIM ADA APPRCMD lWI'a Iii" .... IIIC1H ~ _ ...... CDICC1IDN 1D CXIIICREII ....., SIUU. . tIIICE ell PM 1R ..... 8W.L M.UII' ... EASY RAIIP -......--- -..- -.... -... ---- . . .....:. ";':-':;ii~~~f'~~;~~;~{f{~;~;li . i -- r=::.:a:r f~'.:?,: i~:.":.:":.~ _A,1INlS ' - -- B - IllllllSDlIUMJD. lEA' .. ITA OtoID IJI) $fA 5+2D _ 8l.EMHR....T .. srA..... DID srA 1f+. ~~~l _ 1ft''' _AIlE I MlMlUlIIDatEI SEAT -=~.= I III E\tRY ....,. SUII ~~, --- h;- .....,. AlII CI'DI CB.LClCMSAIlEAI : ~~'", ""0 SECIDI A.. ... ~~-",!....~ .. -.:- -- o -... -- ~ iiiMiiii'iiii:' C200 .... . -- SSV -- SSV -- - iiiii'iiiiiiiii ;;;;r.;;;;;;;;r .. i 9801 Weslhelmer Rd. Sub 500 Haustan, TBllBS 77042 (713) 914-6699 ~~ ~- --i2!~- :!!!! - SECTION BEACH FILLANDWAJJ<WAY ,-C TYP. N15 I~~~ ~~ - !~~~ "-- - -----"j "-- _ I: ~==::J -----"'__~.l~ ~I..- I I .s ~ I:I~ .. 10.;---...; ~,! ~ ! '$ ~ --