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HomeMy WebLinkAbout10-12-05 Meeting of the Tax Increment Reinvestment Zone Number One minutes La Porte Tax Increment Reinvestment Zone Number One, City of La Porte, Texas Minutes ofthe Board Meeting Held October 12, 2005 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 12th day of October 2005, and meeting was called to order at 7:50 p.m. in Council Chambers at the City Hall, 604 West Fairmont Parkway, La Porte, Texas 7751 and the roll was called of the duly appointed members of the Board, to wit: Peggy Antone Dave Turnquist Alton Porter Horace Leopard Doug Martin JJ Meza Vacant Chester Pool Lin Pfeiffer Position 1 Position 2 Position 3 Position 4 Position 5 Position 6 Position 7 Position 8 Position 9 - Chairman and all of the above were present except Director Martin, thus constituting a quorum. Also present at the meeting were John Joerns, David Hawes and Russell Plank. 2. CONSIDER APPROVAL OF MINuTEs OF THE MEETING HELD AUGUST 3, 2005 Upon a motion duly made by Director Pool and being seconded by Director Meza, the board unanimously approved the minutes of August 3,2005. 3. CONSENT AGENDA A. REVIEW AND CONSIDER APPROVAL OF FISCAL YEAR 2005-2006 BUDGET B. PRESENTATIONS ANDDISCUSSION OF PROPOSED DEVELOPMENT IN LA PORTE TAX INCREMNT REINVESTMENT ZONE #1 C. DISCUSS DEVELOPMENT AGREEMENT WITH 65 LA PORTE, LTD AND PROPOSED DEVELOPMENT AGREEMENT WITH THE CITY OF LA PORTE D. STAFF REPORTS · Review City of La PortelLPISD Report for 2004 Tax Year · Review Harris County Report for 2004 Tax Year · Update on Various Developments E. BOARD MEMBER COOMMENTS F. ADJOURNMENT Upon a motion duly made by Director Pool and being seconded by Director Turnquist, the board unanimously approved the removal of agenda items 3.E. from consideration. Upon a motion duly made by Director Turnquist and being seconded by Director Pool, the board unanimously approved the consent agenda in the same manner and form as approved in the Redevelopment Authority Board Meeting and adjourned at 7:52 SlG:::~#J' ATInST: ~aa TITLE: 'ft -, F Q LA-, c- TITLE: "C /'~-eb:y ~ t 4f2CO(P DATE: S-=-~y_ 2&70,6" DATE: AGENDA ITEM 2: ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED MEMBERS On October 25,2005, the Commissioners Court of Harris County re-appointed Lin Pfeiffer to the City of La Porte Tax Increment Reinvestment Zone #1 effective November 1,2005 through October 31, 2007. . Position 9 Lindsey Pfeiffer 2-year Term On January 10, 2006 the Board of Trustees of the La Porte Independent School District appointed Dr. Michael Say to the City of La Porte Tax Increment Reinvestment Zone #1 effective immediately through October 31, 2007. . Position 7 Dr. Michael Say 2-year Term Council has ratified both appointments to the TIRZ Board and the La Porte Redevelopment Authority. ~ ~ s t; ~ L ~ U .- \t- \t- o ." ~ .... C .- o a. a. < \t- .0 .... C ~ E ~ .... cs .... U) .: I L.S! ,+-01; o fa)" E .. ::J L :2c;~ o > .: ~ 0 '+- U ~O += 0'1 5 u .: fa) .- +- LoS:': :s +- fa) .E L E o ~ L ~._ o fa) 0 ~.:~ t~g- fa)~~ .= .: E " 0 fa) +- fa) L o +- ::J .: ::J U ..0 fa) fa)> ._ III L 0 ~~+- H8~ +-00 o +- ~ ..s:_fa) +- ~ L ,...:; . !!! 0 E E !!! L 0 ... .- L ~ ~ +-.. o L .: L 0 fa) o .. E -" ~ L fa) ..2 o +- ~ fa) ::J E ~:oe fa) III J:: L ~.: 0 C 0 fa) E U U fa) ..,-" _ ~'+- 0 OO'+-~ III ~ 0 o 0 U fa) ,,+-=E .. " .g .B- fa) ~ fa) ~ .!!! ~ oS: g a ~ fa) o a." .. ..s: fa) '+- U .. 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L o .... .~ :0 ::J Q.. ~ ~ o Z ~ b OATH OF OFFICE I, Michael Say. do solemnly swear (or affirm), that I will faithfully and impartially execute the duties imposed upon me by law as a Member of the Redevelopment Authority Board, ofthe City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. Pk4i1JyL,/ Sworn to and subscribed before me, tbif)~y of h7tl1- , 2006. .-.....,"'-. I~~~!','~f..r~ MELlSA LANCLOS r'( "t\ Notary Public, State of Texas s~, .~i My Commission Expires ~'~J.!~:'~~~ January 10, 2009 r4~~f2 ,I)JldlJL Notary Public in and for the State of Texas q p ... '. ' . . Ilvia R. Garcia Commissioner Downtown Office 1001 Preston. Suite 950 Houston. lX 77002 Tel: 713.755.6220 Fax: 713.755.8810 Baytown Annex 701 W. Baker Road, Suite 104 Baytown.lX 77521 Tel: 281.427.7311 Fax: 281.837.1290 Clear Lake Annex 1 ~ Buccaneer Lane Suite 1 00. ,....uston. lX 77062 Tel: 281.488.4678 Fax: 281.286.7450 Raul C. Martinez Anne) 1001 S. Sgt. Macarlo Garcia Dr.. Suite 102 Houston. lX 77011 Tel: 713.924.3975 Fax: 713.924.3971 Jim Fonteno Annex 14350 Walllsvllle Road Houston. TX 77049 Tel: 713.455.8104 Fax: 713.451.6714 ----e Chapman Jdena Annex 7330 Spencer Hwy Pasadena, lX 77505 Tel: 281.479.7770 Fax: 281.479.3075 1 ~ lffn-ry;~ ~1I \ N~--B 2005 ; . __.o_~-'_ 'o~' RECElVEDt 'ASST. C2;,:~N"~<i~_.J NOV 01 2005 ~ 5 CITY SECaE.TARY'S OFFICI! e<: ~Cf~ October 28, 2005 Alton E. Porter, Mayor City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 RE: City of La Porte TIRZ # 1 Dear Mayor Porter: For your records, enclosed is your copy of the Commissioners Court approved court letter regarding the reappointment of Lindsey R. Pfeiffer to the Board of Directors of othe City of La Porte Tax Increment Reinvestment Zone #1 by Commissioner Sylvia R. Garcia effective November 1,2005 through October 31,2007. Should you have any questions regarding this appointment, please call me at 713.755.6220. 0 Sincerely, ~:f~ Gloria E. Moreno Agenda Director GEM/cm enclosures c: Lindsey R. Pfeiffer _ On this the 25th day of October, 2005, the Commissioners Court of Harris County, Texas, sitting as the governing body of Harris County, at a regular meeting of the Court, upon motion of Commissioner Eversole, seconded by Commissioner Lee, duly put and unanimously carried, IT IS ORDERED that Lindsey R. Pfeiffer be re-appointed to the City of LaPorte Tax Increment Reinvestment Zone #1 effective November 1, 2005 through October 31, 2007. The vote of the Court on the above Motion was as follows: AYES: NOES: ABSTENTIONS: Five (Judge Eckels, Commissioners Lee, Garcia, Radack and Eversole) None None Presented to Commissioner's Court OCT 2 5 2005 APPROVE Recorded Vo'- Page JAN 30 '06 04:26PM LAPORT I S D P.4/6 Ey--urp+/rOtn Ktg4-lar 13aJId Ifke:f:wy fT)iflLcles 1ft ~UL1flf 10, ZC()~ (New Business Consent A.genda, continued) (1-, con't) c) B.2: Budget Amendment #917. d) D 4: changes to the Certified Instructional New Hire Scaff Schedule in the La Porte ISD Compensation Plan for school yeax 2005-06j and e) D. 6: the recommended employment of professional staff. Motion carried unanimously. (attached to bound minutes) 2. Approval of the Board Minutes of the Regular Meeting of the Board of Trustees held on December 13 ,2005. (Consent Agenda) 3. Kathy Green moved, seconded by Dr. Hilborn, that Position 3 be declared. vacant until the regular election to he heid May 13, 2006. Motion carried W1animously. cfr:vr: 4. The following appointments made by President Hom were noted: a. appoint Bill Snead to the Board Facility Planning Committee; ~. appoint Dr. Say to the City oiLa Porte's TIRZ Conunittee. B- BUSINESS 1. Approval of: '" Un-audited Financial Statements for the G~eral Fund, Food Service, Debt Service and Capital Projects Foods for months ending November 30, 2005. Quarterly Investment Report for quarter ending November 2005. Property Tax Collections Report November 2005. (Consent Agenda) '" * 2. Approval of Budget Amendment #917. (ConseDt Agenda) 3. Jim Schul moved, seconded by Charlcya Wheeler,to accept the donation of a baseball scoreboard from The David FUI.O'ldatlon. (drawing attached) Motion carried unanimously. Min. Reg. Bd. Mtg. Jan. 10,2006 3 .,- ~ ~ ~ ti ~ L ~ U .- "t- "t- o -0 ~ 0l- e: .- o g. g. < "t- O 0l- e: ~ e ~ ~ 01- V) e o += c:s E .= "t- e o v L 0\0 .!: +- ~ e +- Q) L E o 'E L >-.- o Q) 0 >-ea.. +=og- V E Q) >- L ~ E ." c:s Q) +- Q) L o +- :J e :J V .0 Q) Q) ._ en :: L 0 J:'E+- 1-18~ 1; 0 c:s ~ +- ~ ~."Q) +- Q) L "'"' .!!! c:s E E ~ L 0 ~ .- L "t-g.... "t- +- c:s L e L 0 Q) o .. E --." >- L Q) ..2 c:s +- a.. Q) :J E ~ ~ Q) en l: L >- e 0 C 0 Q) E V V . Q) ..,-." _ """"-"t- 0 o 6" "t- ~ en a.. 0 Q) -8 ~ .~ E .. ." -g ..e- c:s Q) g.. Q) V) 'E!!! >- ~ c 0 "ii 0 c:s en c:sL." ~ a.. Q) "t- i .,," ,!!! ~ f g ij H~ ai: I L "t- 0 o .. Q) .. ::J ~d c:s > a.."t- >-0 += V Q) L :0 ,!: ...-4 ~ Q) e ~ +- e." Q) Q) E+- +- e ~ '0 ~ 8: 'i) < ct.~ +- V e:E ~~ Q) 0 b +- e Q) 1-1 V ~:E 1-0 en c:s x Q) I- e :J o ~t 'L :J L 0 c:s~ :c L o Q)...... +-." L e o c:s 0- c:s ..J , ~ o o N "t- O ~ ." ~ ~ ~ en :E +- e o 'E c:s ~ "t- c:s ~ Q) E Q) L o "t- Q) .0 ." Q) .0 'L V en .0 ::J en ." e c:s ~ Z ct. o ~ ~ 'E o ~ 'L Q) +- en ,!: E ." < e o en L Q) 0- "t- O Q) L ~ c:: 0\ U) ~ Q) u E e c:s c:sZ ..J C:S"2 ,!!! 'E "ii 'L ~O- <II ~... {!.l! 0- .,._~o o Ow 0 'Oec~ %4!l.~c :5 w..!! ";. <gEe .....gE::t ao.8 g 2: ~.?:..., 32 z ~,t'lnl::'" i"~~ .... ~.... ::~l -:;.\ !.... :;:= ~~:.... . ~i 1s:....." ....\~"'t-$ ~t. ,,,",-,, lI'I CJ X lit I- ..... o lit ~ +- \I) lit ..s: +- c- o ..... .~ Ji :s 0.. ~ CJ +- o Z - .~,.,~._~~------ 2 J:=s OATH OF OFFICE I, Michael Say, do solemnly swear (or affirm), that I will faithfully and impartially execute the duties imposed upon me by law as a Member of the Tax Increment Reinvestment Zone Number One Board, ofthe City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. Sworn to and subscribed before me, tbisjJ!l-4lay of ~ 2006. MEUSA LANCLOS NotaMyrv ~ State of Texas """'If'Nssion Expires January 1 0. 2009 r4~M--~ty'~ Notary Public in and for the State of Texas ~ p AGENDA ITEMS 4: CONSIDER APPROVAL OF THE MINUTES OF THE OCTOBER 12, 2005 BOARD OF DIRECTORS MEETING PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT THE STATE OF TEXAS COUNTY OF HARRIS TO: THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: The undersigned petitioner (the "Petitioner"), acting pursuant to the provisions of Chapter 372, Texas Local Government Code, together with all amendments and additions thereto, petition this Honorable City Council to create a public improvement district ("District") in the territory described by metes and bounds in Exhibit A and map reference in Exhibit B attached hereto (the "Land") within the City of La Porte, Texas (the "City"), and in support of this petition the Petitioner would present the following: Section 1. Standing of Petitioner. In compliance with the requirements of Texas Local Government Code, '372.005(b), as determined by the current roll of the Harris Central Appraisal District, the Petitioner constitutes the owner of (i) more than 50 percent of the appraised value of real property liable for assessment under the proposal described herein; and (ii) taxable property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under such proposal. Section 2. General nature of the proposed public improvements and supplemental services. The proposed public improvements include the construction of water, wastewater and drainage facilities, storm water pollution prevention facilities, engineering services, financing and interest costs, and administrative and legal services for the proposed District. The Supplemental Services consist of special services that will cpnfer benefit on all property in the District. These services include maintenance of the sound barrier structures, parks, detention, and other common facilities and the necessary administrative, legal, and engineering costs associated with the maintenance of these structures and facilities. Section 3. Estimated cost of the proposed public improvements: $3,750,000.00. Section 4. Estimated cost of the proposed supplemental services: $3,250,000.00. Section 4. Boundaries. The proposed boundaries are described in Exhibits A and B. Section 5. Method of assessment. The proposed method of assessment shall be based upon (i) an equal apportionment per square foot of property benefiting from the public improvements, as determined by the City Council, (ii) an equal apportionment on a per lot basis benefiting from the public improvements, as determined by the City Council, (iii) the ad valorem taxable value of the property benefiting from the improvements, or (iv) any combination thereof. Section 6. Apportionment of cost. 100 percent of the cost of the proposed improvements shall be paid by assessment of the property owners within the District. Section 7. Management of the District. The management of the District will be the ultimate responsibility of the City Council of the City; provided that, to the extent allowed by law, the City may initially contract with either a non-profit or profit organization to carry out all or a part of such City responsibilities, as well as the day-to-day management and administration of the District. Section 8. Concurrence of the Petitioner. The Petitioner signing this petition concurs in and requests the establishment of the District. Section 9. Advisory board. An advisory board may be established to develop and recommend an improvement plan to the City Council. This petition shall be filed with the City Secretary in support of the creation of the District by the City Council as herein provided. [Signature on following page] PETITIONER 65 LaPorte, Ltd., A Texas Limited Partnership, by its general partner NEHC Properties, Inc. THE STATE OF TEXAS COUNTYOF /"/AR~/'S tfv This instrument was acknowledged before me on this '1 - day of~~el{!; 2004, by Joseph Forgarty, President ofNEHC Properties, Inc, a Texas corporation, general partner of 65 La Porte, Ltd., a Texas limited partnership. , NOt!!::::::!!-~ (NOTARY SEAL) DONN;L~ MY COMMISSION EXPIRES . January 22, 2006 f ,,1.11111, .\.. 'f p I, 1t:~Q~t~ ::..~/:: ~, \jj.~..._.;"~if. L ~""I~:t\'\~'" NOTICE OF PUBLIC HEARING OF THE CITY COUNCJL OF THE CITY OF LA PORTE TO CONSIDER THE ADVISAalLlTY OF THE CREATION OF A PUBLIC IMpROVEMENT DISTRICT TO MAKE CERTAIN IMPROVEMENTS AND FUND CERTAIN SUPPLEMENTAL SERVICES OVER CERTAIN PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE. In accordance with Chapter 372.005 Local Government Cocle the City Secretary has received a petition that requests the establishment of a public improvement district (PID). The petition and a boundary map are on file and open for public inspection in the office of City Secretary. A Public Hearing on the advisability of the improvements will be held by the City Council as follows: TIME: at 6:30 p.m. PLACE: City Council Chambers, , La Porte, Texas GENERAL NATURE OF THE IMPROVEMENTS AND SUPPLEMENTAl.. SERVICES: The improvements are the construction of public utilities (water. sewer & drainage), and related improvements within the PID. The estimated costs of the improvements, including financing, are $3.250,000 over the life of the PID. The supplemental services are the operation and maintenance of certain amenities and greenspace, recreational facilities, and other common facilities. The estimated costs of the supplemental services are $2.000,000 over the life of the PIO. The proposed method of assessment is by value. per lot, or per square foot of benefited property. The proposed apportionment of cost is 100% to the PIO and 0% to the municipality as a whole. BOUNDARIES: A metes and bounds description of the boundaries of the proposed Public Improvement District is on file with the City Secretary. A boundary map is provided below: 11 l2 OJ 14 " ( 0) NORTH STAlE HIGHWAY 1411 """''''"' la.ll;HO\lO ~llQll~ .~- PROPOSf:O P10 NO. 1 CITY OF I.A PORTE 4.97 ACRES I ~ Ii . - - -==- EXHIBIT PROPOSED PUBUC IMPROVEMENT DISTRICT NO. CITY OF LA PORTE 158.60 ACRES ,... -.- u..rp =:.- -=: at ~ Cnoe! . ..... -. 1 El.0l ,. l2 OJ ".1. I. Written and oral-objections will be considered at the hearing. City Secretary City Of La Porte ( 1 City of La Porte Resolution No. A RESOLUTION MAKING FINDINGS IN CONNECTION WITH THE PROPOSED PUBLIC IMPROVEMENT DISTRICT NUMBER ONE RELATED TO THE ADVISABILITY OF THE IMPROVEMENTS, THE NATURE OF .THE IMPROVEMENTS, THE ESTIMATED COST OF THE IMPROVEMENTS, THE BOUNDARIES OF THE PROPOSED DISTRICT, THE METHOD OF ASSESSMENT AND THE APPORTIONMENT OF COST BETWEEN THE DISTRICT AND THE CITY AS A WHOLE; AND MAKING OTHER FINDINGS RELATED TO THE DISTRICT. WHEREAS, the City of La Porte Council is authorized to create a public improvement district pursuant to Ch. 372 of the Texas Local government Code (the "Code") for the purpose described therein, and the City has received a petition from certain landowners within the City requesting the creation of a public improvement district; and WHEREAS; notice of a public hearing to consider the advisability of establishing the proposed district was published in The a local newspaper of general circulation on ; the place, City Council Chambers, La Porte, Texas, the general nature of the proposed improvements; the boundaries of the proposed district; and the proposed method of assessment; and the proposed apportionment of cost between the district and the City as a whole; and ( WHEREAS; written notice of the public hearing to consider advisability of establishing the district was sent timely to the current address, so reflected on the tax rolls, of the owners of property subject to assessment under the proposed district; and WHEREAS, the public hearing was held with all interested parties having been given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council, having duly considered the petition submitted by property owners in the proposed district and the comments of those who made presentations at the public hearing on , hereby fmds as follows; (1) It will promote the interests of the City to create Public Improvement District Number One (the "District") under the provisions of Chapter 372, Texas Local Government Code for the purposes herein described. (2) It is advisable that the proposed improvement project be provided in the District and the City exercise the powers granted by Chapter 372; Texas Local Government Code, in connection with the establishment of the District, including the carrying out of the improvement project described below that will confer special benefits on property in the District and to levy and collect a special ( assessment on property in the District, based on the benefit conferred by such project, to pay all of the costs of such improvements. (3) The general nature of the public improvements and supplemental services in the District is set forth below. (a) The improvements include engineering and construction of water, wastewater, storm sewer facilities, creation and administration costs, and interest. (b) The supplemental services include operation and maintenance of common areas and green spaces, recreational facilities, and other common facilities. (4) The estimated costs of the public improvements over the fifteen years are a total of $3.75 million. The estimated costs of the supplemental services over the fifteen years are $2.0 million. (5) The boundaries of the District are fully described in Exhibit A attached hereto. (6) The proposed methods of assessment is as follows: (a) The assessment for the Public Improvements is proposed to be by value, per lot, or according to the square footage of property without regard to improvements on the property. ( (7) The proposed method of apportionment of the cost of the improvements between the District and the City as a whole is as follows: (a) The District will bear 100 percent of the costs of the Public Improvements. Section 2. This Resolution shall be passed fmally on the date of its introduction and shall take effect immediately upon its passage and approval. PASSED AND ADOPTED this day of , 2006. Alton Porter, Mayor Approved as to form: Attest: , City Attorney , City Secretary ( EXillBIT A PH PID NO. 1 CITY LA PORTE 99. 9 ACRES PROPOSED PIP NO. 1 CITY Of LA PORTE 4.97 ACRES ( EXHI81T PROPOSED PUBUC IMPROVEMENT DISTRICT NO. cm OF LA PORTE 158.60 ACRES .. " ( STAlE HIGHWAY 148 '" '4 to .. I) NORTH ..~ I L- ~ ... r.... I. ... _.=-- ....... =-- ..... === at ~ Gnoe! . -- _1IlL1 '4 Et.Ot ..1....t'..L .. ,. City of La Porte Resolution No. A RESOLUTION AUTHORlZlNG THE ESTABLISHMENT OF PUBLIC IMPROVEMENT DISTRICT NUMBER ONE IN THE CITY OF LA PORTE, TEXAS; AUTHORIZING PUBLICATION OF nus RESOLUTION, PROVIDING FOR THE PREPARATION OF A SERVICE AND ASSESSMENT PLAN; AND MAKING OTHER PROVISIONS RELATED TO THE SUBJECT. ***** WHEREAS, the City of La Porte Council is authorized to create a public improvement district pursuant to Ch. 372 of the Texas Local Government Code (the "Code") for the purpose described therein, and the City has received a petition from certain landowners within the City requesting the creation of a public improvement district; and WHEREAS, the City Council held a public hearing on , notice of which was published and mailed to property owners of the proposed district pursuant to Section 372.009 of the Code; and ( WHEREAS, the City COU.llci! has made findings by resolution as to the advisability of the proposed improvement project, the nature of the improvements, the boundaries of the proposed public improvement district, the estimated cost, the method of assessment and the apportionment of cost between the improvement district and the City as a whole, as required by Chapter 372 of the Code; and WHEREAS, the City Council has determined that it should proceed with the creation of the Public Improvement District Number One and the provision of public improvements proposed to be provided thereby; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. correct. The facts recited in the preamble hereto are hereby found to be true and Section 2. - Public Improvement District Number One (the "District") is authorized to be and is hereby established as a public improvement district under tp.e provisions of Chapter 372 of the Code over the land currently included within the boundaries of the City of La Porte, Texas, as more fully described in Exhibit A attached hereto, all in accordance with the findings made by the City Council in Section 1 of Resolution No. passed and approved on Section 3. The City Secretary .is hereby directed to give notice of the authorization for establishment of the District by publishing the resolution once in at least one local newspaper of general circulation in the City. The authorization and establishment of the District. shall be deemed to be effective upon the publication of the notice directed by this section. ( ( c Section 4. The City Council hereby directs the District administrator to prepare a service and assessment plan for review and approval of the City Council in accordance with Chapter 372 ofthe Code. Section 5. The District shall not provide any improvements until at least 20 days after authorization of the District takes effect. Such services shall not begin if during such period a petition is filed pursuant to section 372.010(c) of the Code. Section 6. This Resolution shall be passed finally on the date of it's introduction and shall take effect immediately upon its passage and approval. PASSED AND ADOPTED this _th day of , 2006. Alton Porter, Mayor Attest: , City Secretary Approved as to form: , City Attorney '. PROPOSED PID NO. 1 CITY OF lA PORTE 4.97 ACRES EXHIBIT A " 11 12 ~ STAlE HIGHWAY 148 PROPOJD Pm NO. 1 CITY OF lA I'OIl1E 99. . 9 ACRES II EXHIBIT PROPOSED PUBUC IMPROVEMENT DISTR!CT NO. 1 CITY OF LA PORTE 158.60 ACRES ( ( " l3 .. .. " 0) NORTH ~ ..- L . - - ~ '1Do -...- -=-- - == Mot I'IIraP en.e . -- ., .. [1.01 ...L"'..,L. " ( c ( SCHEDULE A LA PORTE TIRZ NUMBER ONE Arete Residential Buildout Schedule 2006 2007 2008 2009 2010 2(J11 <: g <: g <: g <: g <: g <: g 0 ~ ~ 0 ~ .2 ., ., 1; " .. " 4> " .. " .. " .. .. 5 " 5 " ~ " g " 2 " il " ~ ~ ~ iii .. ~ ~ ill II) II) > II) <: <: 6 <: 6 <: 0 i 0 " " 0 ] ... 0 ... (,) (,) <II U l!! u u l!! (,) l!! .. D .. 3 .. .a .. D .. .a .. D E Q. ~ Q. ~ Q. E ... E ... E Q. 0 .. .. .. 0 .. 0 .. 0 .. ~esldential Project Values :!: u :c (,) :c u :c u :c u :c u Residential (411 Homes) 15 $ 3,750 100 $ 24.900 100 $ 24,900 100 $ 24,900 97 $ 24,300 ~If~i~~~~1~11rfl: Total Home Sales 15 100 100 100 97 0 411 Total Captured Value $3,750 $24,900 I $24,900 I $24,900 $24,300 $0 $ 102,750 ffllle: 1. Captured value is prl!sented in thousands of dollars. ( Ih C Ih 0 C:;; CD CIS CD ::J ...- C!J~ - C"tS o G) E Ih ... Ih .- CD CIS Ih LI. Ih @)~ 1h"tS CD~ ~ CD ~O' ... c.. 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" c.; c: :; i ",' oq; ... ! ~ ,.; La Porte PID Costs 15 Year Total Project Costs Total Financing Costs Total Interest TOTAL COSTS $1,755,556 $0 $1,388,394 $3,143,950 $3,143,950 Residential Total Residential Reimbursement - Capital Costs $0.20 per $100 $250,000 $510 $7,650 $3,143,950 $1,755,556 $0 $1,388,394 Supplemental Services ( $0,120 per $100 $250,000 $300 $4 500 $1,849,500 City of La Porte Harris County & Related Entities La Porte I.S.0. San Jacinta College PIO - Capital Costs PID :- Supplemental Services TOTAL 2005 Tax Rate 0.7100 0.6463 1.7400 0.1500 0.2040 0.1200 3.5703 c ( c PID Reimbursement - Capital Costs pro'ect Costs Financih Total P & I 1,755,556 $ 1,388,394 $ 3,143,950 Homes Cost er home Cost/home er ear 411 $ 7,649.51 $ 509.97 Residential Relml:lursement -15 yr Yr 2006 Homes 2007 Homes 2008 Homes 2009 Homes 2010 Homes TOTAL # 15 I 100 100 100 97 411 2006 $ 7,650 $ 7,650 2007 $ 7,650 $ 50,793 $ 58,442 2008 $ 7,650 $ 50,793 $ 50,793 $ 109,235 2009 $ 7,650 $ 50,793 $ 50,793 $ 50,793 $ 160,028 2010 $ 7,650 $ 50,793 $ 50,793 $ 50,793 $ 49,569 $ 209,597 2011 $ 7,650 $ 50,793 $ 50,793 $ 50,793 $ 49,569 $ 209,597 2012 $ 7,650 $ 50,793 $ 50,793 $ 50,793 $ 49,569 $ 209,597 2013 $ 7,650 $ 50,793 $ 50,793 $ 50,793 $ 49,569 $ 209,597 2014 $ 7,650 $ 50,793 $ 50,793 $ 50,193 $ 49,569 $ 209,597 2015 $ 7,650 $ 50,793 $ 50,793 $ 50,793 $ 49,569 $ 209,597 2()16 $ 7,650 $ 50,793 $ 50,793 $ 50,793 $ 49,569 $ 209,597 2017 $ 7,650 $ 50,793 $ 50,793 $ 50,793 $ 49,569 $ 209,597 2018 $ 7,650 $ 50,793 $ 50,793 $ 50,793 $ 49,569 $ 209,597 2019 $ 7,650 $ 50,793 $ 50,793 $ 50.793 $ 49,569 $ 209,597 2020 $ 7,650 $ 50,793 $ 50,793 $ 50,793 $ 49,569 $ 209,597 2021 $ 50,793 $ 50,793 $ 50,793 $ 49,569 $ 201,947 2022 $ 50,793 $ 50,793 $ 49,569 $ 151,154 2023 $ 50,793 $ 49,569 $ 100,362 2024 $ 49,569 $ 49,569 TOTAL $ 114,743 $ 761,892 $ 761,892 $ 761,892 $ 743,533 $ 3,143,950 $ 3,143,950 , AMORTIZATION SCHEDULE ( Lot Square Footage 7,500 Pill Rate per Square Foot $0.0680 Duration (in years) 15 Interest Rate 7.00% Annual Payment Amount $510.00 Total Lifetime Payments $7,650.00 Total Principal $4,645.04 Total Interest $3,004.96 Principal Year Payment Principal Interest Payment Balance $4,645.04 2007 1 $184.85 $325.15 $510.00 $4,460.19 2008 2 $197.79 $312.21 $510.00 $4,262040 2009 3 $211.63 $298.37 $510.00 $4,050.77 2010 4 $226.45 $283.55 $510.00 $3,824.32 2011 5 $242.30 $267.70 $510.00 $3,582.03 2012 6 $259.26 $250.74 $510.00 $3,322.77 2013 7 $277 Al $232.59 $510.00 $3,045.36 2014 8 $296.82 $213.18 $510.00 $2,748.54 2015 9 $317.60 $192.40 $510.00 $2,430.94 2016 10 $339.83 $170.17 $510.00 $2,091.10 ( 2017 11 $363.62 $146.38 $510.00 $1,727048 2018 12 $389.08 $120.92 $510.00 $1,338.40 2019 13 $416.31 $93.69 $510.00 $922.09 2020 14 $445045 $64.55 $510.00 $476.64 2021 15 $476.64 $33.36 $510.00 $0.00 TOTAL $4,645.04 $3,004.96 $7,650.00 ( AGENDA ITEM 11: STAFF REPORTS . Update on Enhanced Land Use and Architectural Controls . Foreign Trade Zone . Update on various proposed developments . Discuss next meeting date Staff Report April 20, 2006 Architectural & Building Standards Facade Ordinance DISCUSSION PAPER Back!!round: City Council has directed the staff and the Planning and Zoning Commission to consider adding architectural and building standards (facade ordinance) to Chapter 106 of the Code of Ordinances. The purpose is to enhance the overall impression of the City, to have quality developments along major thoroughfares, and eventually attract new sustainable businesses to La Porte. Recent developments have generated preliminary discussion on possible controls on architectural standards or fayade on buildings fronting the major corridors or thoroughfares throughout the City. These discussions centered on the Main Street District as a way to facilitate interest in redevelopment of the Downtown area. Issues arose over the proliferation of metal buildings along the City's major access ways, which may detract from upscale development and negatively impact prospective developments. Staff analyzed the situation thoroughly and presents this item to the Planning and Zoning Commission for discussion and further guidance to Staff for possible changes to the Code of Ordinances relating to architectural and building standards in La Porte. Existin!! Reauirements: Current ordinances allow some controls to be included with Special Conditional Use Permits (SCUP) associated with uses listed as "conditional" within certain zoning districts and for construction within Planned Unit Developments (PUD), which normally follow some form of developer's agreement. No such control, however, is associated with construction of a development whose use is "permitted" within a certain zoning district. The building must meet building codes, but the City cannot enforce architectural and building standards or fayade material. Analvsis: Several cities in the area have approached this issue by adopting fayade ordinances, which define standards to be used on new construction fronting major thoroughfares. Typically, these ordinances mandate the use of a combination of brick, masonry and glass to a certain percentage to achieve the desired effect. Planning & Zoning Commission April 20, 2006 Fa9ade Ordinance Page 2 of2 Conclusions: Attached as Exhibit A for discussion is the City of Manvel Fa9ade Ordinance. In seeking control of future developments along State Highway 288, State Highway 6, FM 1128 and CR 82 corridors, the City of Manvel directed controls on facades fronting those highways which represent the major commercial zoning districts. Staff has drafted an Ordinance (Exhibit B) and seeks input and guidance from the Commission in order to address architectural and building standards along major thoroughfares in La Porte, i.e., State Highway 146, State Highway 225, Fairmont Parkway, Spencer Highway, Barbour's Cut Boulevard, Underwood Road, and Bay Area Boulevard. Architectural and Building Standards For Non-Residential Development Purpose: The purpose of the regulations described in this section is to ensure that new non-residential developments planned along major thoroughfares will be constructed to the highest architectural standards and also to encourage high quality nomesidential developments by avoiding poor building design; by creating a rich, harmonious blend of quality buildings; by prescribing certain approaches to architectural design, construction, and reconstruction of buildings; and by encouraging compliance with the new set of architectural guidelines for nomesidential developments. All of the above are intended to influence architectural design, construction and reconstruction of buildings in a manner that achieves a visually desirable environment in a safe and beneficial manner complementing its surroundings, and protecting private property rights. These guidelines should achieve such aesthetic objectives as protecting scenic views, prohibiting eyesores, and protecting visual resources. Travelers along major roadways should be shielded from unwelcome obtrusion of businesses in a manner that also ensure traveler's safety. Commercial areas should be attractive to visitors as well as to the City's own residents. This, in turn, promotes economic development and preserves property values to the benefit of commercial and residential property owners. The 2020 La Porte Comprehensive Plan shows a consensus by the citizens that all existing and future commercial development is attractive, highly utilized, and without negative influence on adjacent residential uses. The appearance of visually intrusive structures should be minimized. This avoids visual blight, and allows an aesthetic experience that has intrinsic value and that also fosters an identity associated with the City as a community and reduces stress by maintaining an attractive visual environment within which to live, work, and recreate. Objectives: The building orientation and location should reflect consideration for the following: . Streetscape . Landscape · Parking and traffic circulation · Existing vegetation · Surrounding/adjacent properties Designated Area: All areas included in TIRZ, zoned General Commercial (GC), Industrial Districts (BI, LI, HI), Planned Unit Developments (PUD) as shown on the official zoning map of the City of La Porte, and major thoroughfares, i.e. State Highway 146, State Highway 225, Fairmont Parkway, Spencer Highway, Barbour's Cut Blvd., Underwood Road, and Bay Area Blvd. _HldlT B General Standards: The following standards shall apply to buildings located within designated areas: 1. Architecture shall be anchored by traditional elements and materials with the primary material being brick, concrete, rock and/or glass. Exterior Finish Installation System (E.F.I.S.), stucco, concrete, stone, glass, and tile elements may be introduced as exterior design elements, accents or trim, clay-faced brick shall be used on at least 50% ofthe exterior building skin - a minimum of 4' in height in the same material. 2. The use of pitched roofs or architectural elements with pitched roofs is required for all buildings. 3. Buildings and structures shall be finished on all sides. For areas hidden from public view, concrete block and other masonry materials may be used if painted to match the primary material on the front. 4. The basic design of a building shall generally consist of geometric forms of a distinguished, suburban, and traditional nature. 5. Permitted traditional decorative elements on building such as canopies, wrought iron, doors and trim shall be selected from earth tones. Earth tone colors include black, tan, olive, sand, forest green, beige, and gray. Accent colors shall conform with these colors. 6. Outside storage areas, loading docks and delivery areas shall be positioned out of view of adjacent property and public street rights-of-way whenever possible and shall be screened as may be required by the ordinance. Building Character within Designated Areas: . The design of new non-residential and multi-family residential buildings along designated corridors shall be consistent with the character and basic design of an existing designated reference building in the area. . The new design may exhibit contrast in the use of certain design elements such as color, materials, or basic proportions, but similarity and consistency must be achieved. . Examples of architectural styles and elements, color samples of colors and building material will be maintained in the Planning Department for ready reference. Elevation and site plans of approved projects will also be on file and available for review. . Typical design of a project will be considered by staff in evaluating each proposal. Staff may require additional landscaping, buffering or other conditions necessary to assure compatibility with adjacent developments. Prohibited Exterior Materials: The following construction materials and details may not be on the exterior of a building: . Corrugated materials used as walls . Concrete cinder block, provided that painted cinder block may be used at rear of buildings not backing a street used by the public . Bright, glossy, primary colors on major building elements . Exterior neon lighting . Roof mounting mechanical or other equipment which is visible from the ground within a distance of 1,000 feet . Any back lit or internally lit panel or awning. Foreign Trade Zone (FTZ) Request L... \n ~ h by IMS Worldwide on behalf of -,; Underwood Business Park 200+/- Ac and Port Crossing (formally Texas Import/Export) 300+/- Ac Note to City Council: These notes are meant to supplement previous information supplied on FTZ's. They can serve as an outline for discussion and questions during the May 22nd Workshop. Back2round Council has been provided information in previous workshops regarding a request to establish a General Purpose FTZ for Underwood Business Park. Since then, Port Crossing has also requested a FTZ. o There are two types ofFTZ's - we will be discussing a General Purpose Zone o General Purpose Zone covers a specified area o Sub Zone - by contract with a specific company/dies when company leaves o If a company qualifies, remember there are several "Federal level" benefits ( The basic decision is to determine the following: o Does the City of La Porte wish to offer no obj ection to the creation of a FTZ? o Does the City of La Porte wish to participate in the local (qualified) exemptions offered in Foreign Trade Zones? If so, at what level _ % Once a decision is made it is essentially final (unless the zone is abandoned at the Federal level for other reasons). Plus, there is the issue of future requests from other groups that suggests La Porte should adopt one policy for equity purposes. La Porte Internal Concerns/Relationships o Industrial District Agreements o Inventory assessed at 53% (remember negotiations coming up - and this is subject to change) o From a relationship perspective we have existing Foreign Trade Zones in the Industrial District and have offered no objection to creation based on fact that "no effect" on the IDA's. Therefore, there is no further local inventory exemption City is currently offering Tax Abatements o Current published guidelines in place (expire every two years) o Taxes on structures, land equipment, etc. are abated (above base value) by declining %-age over 10 years o Inventory is not abated c... o If City decision is to offer no objection and participate in FTZ by offering local exemptions o Then we could have a situation where there is both tax abatement (for 10 years) and the inventory in the FTZ being abated by L %) o Give incentives to attract what we want Last, the TIRZ area: o Collection of Taxes (Increment above base value) within the TIRZ is what fuels the TIRZ o Mr. Boring has indicated that he now represents the developer of Port Crossing Area approaches on FTZ's o The closest area cities that may be competing for Economic Development opportunities have reported the following: (No formal action to date by Deer Park or La Porte ISD) o Deer Park - no objections/no local inventory exemptions o Deer Park ISD no objections/no local inventory exemptions o Pasadena - encourages the industrial district as location for FTZ requests o Pasadena ISD (unknown) o LPISD already offers · Freeport Exemption and anticipates participating in the FTZ by offering 75% FTZ abatement increment. o Miscellaneous o Harris County - no objections/no local inventory exemptions o Chambers County (Cedar Crossing) · 651205 Ac in FTZ - 100% participation (does not include Wal-Mart) o Goose Creek ISD (unknown) ( Timing Concerns (need confirmation) o June 12 - Regular City Council Meeting o Also, deadline for submission of items to the Port of Houston Authority Agenda o June 19 - Port of Houston Commission Meeting Date o Last date to consider approval of application by the Port of Houston to the Federal Government o July (?) - Applications due to the Federal Government If these schedules are not met, then it could be 6 months to 1 year before next submittal. ( Agenda Date Requested: F ST FOR CITY COUNCIL AGENDA ITEM Appropriation Requested By: Source of Funds: Department: Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Tax Impact Analysis for Clay Development (prepared by Consultant for Clay Development) Amount Requested: Budgeted Item: YES NO Exhibits: General Information - Forei211 Trade Zones * Policy Statement for Foreign Trade Zone No. 171 * Pearland Economic Development Corp. * The Port of Houston Authority * Port Freeport * List of Foreign Trade Zonestrexas Exhibits: Recent A. rticle!l * Houston Chronicle: Deer Park International Trade Zone Proposed County Challenges Shell Oil's Tax Break Lawsuit Deer Park Council Holds on Trade Zone Plan ~ /11/ 06 ~) ;;If) r1<t SUMMARY & RECOMMENDATION ( A consultant representing Clay Development has asked to speak to Council regarding the possibility of establishing a Foreign Trade Zone. We have provided some general information for Council regarding Foreign Trade Zones. Note that the City has, in the past, issued a letter of support regarding foreign trade zones in our ETJ. They were issued based on the premise that there was no affect on local ad-valorem taxes and on our Industrial District A~re~~ . If Council wishes to consider establishing Foreign Trade Zones we would need to understand the effect of such declaration on other Economic Development Incentives, i.e. o The Industrial District A~eements o The Tax Abatement Guidelines o The Tax Increment Reinvestment Zone Included in that review Council may wish to consider the level of local participation (from 0-100%) which I understand can be set by a separate a~eement. This would still allow companies to benefit from exemption or deferral from Federal duty. Action Reauired bv Counell: Approved for City Councll A2:enda ( Debra B. Feazelle, City Manager Date POBA I Foreign Trade Zone ..~ C },/'r GENERM. ir,FORMp.TiON BUSiNESS DEVELOPMENT Overview ;:- .:'I~,j!! \.j{.; c; Tvnif\~l Basin ~erm:(,c:' 8ar;:'(;')I"S Cut Co:,t2,iner Terrn:nc:\ PHA Ga"f'"'' :,}" Conta-her :- ernlin&\ H(!r.I<:~iC(1 Pu!'~-!\'__ Eleva~c:r No. 2 V\!aoci-,,.,\\,:.~::; Ter'ninal WhaIT 32 Jacinj':",o,-t Termina: Care Te:'m'''',41 BUik M:,:le!i:~js r;;:iP(;:inq pi~::r:t Foreign -'rade Zone Bayporllnduslr':',l Campi"" ?'avDorl Terminal Project ( Administration Economic Impact Frequently Asked Questions Bid and Proposal Notices Glossary "'ill.I1I.J>>~.I(_..n"i...r'~I'.j'I:. Page 1 of2 THE PORT OF HOUSTON AUTHORlTY il\)ISI'O......11.:-:..-\1-; PUBliC REL4TiONS CRUiSE iNFORM;'.TION EMPLOYMEI\T MARITIME SERVICES SAM HOUSTON BOAT TOUR RELATED liNKS FACILITIES FOREIGN TRADE ZONE What is a Foreign Trade Zone? A foreign trade zone is a designated area in which foreign and domestic merchandise is generally considered by the U.S. government as being outside U.S. Customs territory. Merchandise may be brought into an FTZ without a formal customs entry, import quotas and most other import restrictions. Duties and excise taxes are not assessed until the merchandise enters U.S. commerce. The Port of Houston Authority is manager of a foreign trade zone which includes many privately owned and port-owned sites located throughout Houston and Harris County, Texas. The Houston Zone offers users special benefits. For example, customs duties on imported goods entering the FTZ can be delayed until the cargo is removed from the zone. No duty is paid if the merchandise is exported directly from the zone. Benefits of Using a Foreign Trade Zone Storage: Foreign and domestic merchandise may be stored within the zone for an unlimited period of time, thereby avoiding all duties and excise taxes. Product Handling: Merchandise may be opened, examined, assembled, mixed, cleaned, labeled or repackaged within a zone. Manufacturing: Products may be manufactured within a zone and may even include the combining of foreign and domestic merchandise. Exhibiting: Merchandise may be displayed, sampled or examined within the zone. Disposal: Waste materials and damaged or valueless merchandise may be destroyed within the zone to avoid duties. Advantages Offered at the Houston Foreign Trade Zone Houston offers a strategic link to interior U.S. markets. Its location makes Houston an ideal distribution point for shippers sending goods to the U.S. West and Midwest. Shipping overland to these areas is easy because of direct access to a vast network of interstate highways and railroads, plus the fact that Houston is served by numerous airlines, railroads and motor freight companies. http://www.portofhouston.comlgeninfo/facilities/forel lffi. him 1 1 1/1 t:;/,"){\{\J:;.